Florida House of Representatives Commerce Committee Meeting Packet, April 15, 2025
Summary
The Florida House of Representatives Commerce Committee met on Tuesday, April 15, 2025, 1:00 PM - 5:00 PM in Webster Hall (212 Knott), with James Buchanan as Chair and Daniel Perez as Speaker. The agenda opens with CS/HB 147 Prohibited Practices in Consumer Debt Collection and also lists bills on farm products, condominium associations and jai alai permitholders, then proposed committee substitutes from PCS for CS/HB 579 -- Land Use and Development to PCS for HB 1467 -- Gambling. The staff analysis of CS/HB 147 says the bill exempts email communications from the prohibition on communications with a debtor between the hours of 9:00 p.m. and 8:00 a.m. Under its sent-and-received standard, a communication violates the statute only if both events occur within the prohibited hours.
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“Florida House of Representatives Commerce Committee Meeting Packet, April 15, 2025.”
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Commerce Committee
Tuesday, April 15, 2025
1:00 PM - 5:00 PM
Webster Hall (212 Knott)
Meeting Packet
Daniel Perez James Buchanan
Speaker Chair
The Florida House of Representatives
Commerce Committee
Daniel Perez James Buchanan
Speaker Chair
Meeting Agenda
Tuesday, April 15, 2025
1:00 pm – 5:00 pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• CS/HB 147 Prohibited Practices in Consumer Debt Collection by Insurance & Banking Subcommittee, Gossett-
Seidman
• CS/HB 177 Transportation Facility Designations by Economic Infrastructure Subcommittee, Harris, Woodson
• CS/HB 203 Transportation Concurrency by Housing, Agriculture & Tourism Subcommittee, Grow
• HB 211 Farm Products by Cobb, Hunschofsky
• CS/CS/HB 369 Provenance of Digital Content by Economic Infrastructure Subcommittee, Information
Technology Budget & Policy Subcommittee, McFarland
• CS/CS/HB 381 Platting by Intergovernmental Affairs Subcommittee, Housing, Agriculture & Tourism
Subcommittee, Holcomb
• CS/CS/HB 393 My Safe Florida Condominium Pilot Program by Budget Committee, Housing, Agriculture &
Tourism Subcommittee, Lopez, V., Hunschofsky
• CS/HB 411 Affordable Property Ad Valorem Tax Exemption on Leased Land by Ways & Means Committee,
Chaney
• CS/HB 429 Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers by Industries & Professional
Activities Subcommittee, Yeager
• CS/HB 543 Third-party Reservation Platforms by Industries & Professional Activities Subcommittee, Oliver
• CS/CS/HB 551 Fire Prevention by Intergovernmental Affairs Subcommittee, Industries & Professional Activities
Subcommittee, Borrero
• CS/CS/HB 651 Department of Agriculture and Consumer Services by Criminal Justice Subcommittee, Housing,
Agriculture & Tourism Subcommittee, Tuck, Alvarez, D.
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
• CS/CS/HB 683 Construction Regulations by Intergovernmental Affairs Subcommittee, Industries & Professional
Activities Subcommittee, Griffitts
• CS/HB 701 Local Housing Assistance Plans by Housing, Agriculture & Tourism Subcommittee, Stark, Berfield
• CS/HB 709 Jai Alai Permitholders by Industries & Professional Activities Subcommittee, Esposito
• CS/HB 839 Insurance Overpayment Claims Submitted to Psychologists by Insurance & Banking Subcommittee,
Booth
• CS/HB 897 Timeshare Plan Management by Housing, Agriculture & Tourism Subcommittee, Berfield
• CS/HB 913 Condominium Associations by Housing, Agriculture & Tourism Subcommittee, Lopez, V.
• CS/HB 987 Transportation Facility Designations by Economic Infrastructure Subcommittee, Brannan, Nix
• CS/HB 991 Community Redevelopment Agencies by State Affairs Committee, Giallombardo
• CS/CS/HB 1071 Alternative Plans Reviews and Inspections by Intergovernmental Affairs Subcommittee,
Industries & Professional Activities Subcommittee, Benarroch
• CS/HB 1097 Insurance Research by Budget Committee, Canady
• HB 1165 Mobile Cranes and Accessory Support Vehicles by Owen
• CS/CS/HB 1219 Employment Agreements by Judiciary Committee, Industries & Professional Activities
Subcommittee, Koster
• CS/CS/HB 1397 Transportation by Transportation & Economic Development Budget Subcommittee, Economic
Infrastructure Subcommittee, Abbott, Bankson
• CS/HB 1523 Utility Services by Economic Infrastructure Subcommittee, Busatta
Consideration of the following proposed committee substitute(s):
• PCS for CS/HB 579 -- Land Use and Development
• PCS for CS/HB 795 -- Anchoring and Mooring at Seaports
• PCS for HB 999 -- Legal Tender
• PCS for CS/HB 1015 -- Flood Disclosures
• PCS for HB 1137 -- Utility Service Restrictions
• PCS for HB 1467 -- Gambling
V. Closing Remarks
VI. Adjournment
CS/HB 147
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 147 COMPANION BILL: CS/CS/SB 232 (Rodriguez)
TITLE: Prohibited Practices in Consumer Debt Collection LINKED BILLS: None
SPONSOR(S): Insurance & Banking Subcommittee; RELATED BILLS: None
Gossett-Seidman
Committee References
Insurance & Banking Civil Justice & Claims Commerce
17 Y, 0 N, As CS 18 Y, 0 N
SUMMARY
Effect of the Bill:
The bill exempts email communications from the standard prohibition on communications with a debtor between
the hours of 9:00 p.m. and 8:00 a.m. The bill clarifies when communications are considered sent and received
based on requirements established in the Uniform Electronic Transactions Act, which is an established standard
under Florida law. The bill also removes referenced examples of telephone communications to ensure that
violations are measured by the time of communication rather than the form of communication.
The bill is effective upon becoming law.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides that prohibited debt collection practices apply unless otherwise authorized by law. Additionally,
the bill exempts email communications from the standard prohibition on communications with a debtor between
the hours of 9:00 p.m. and 8:00 a.m. All communications other than emails remain prohibited during these hours.
The bill defines when communications are considered sent and received to clarify how less intuitive
communications, particularly electronic communications, should be treated by Florida law (e.g., delayed-send text
or push notification). The bill clarifies when communications are considered sent and received based on
requirements established in the Uniform Electronic Transactions Act by citing to provisions regarding when an
electronic record is considered “sent” and “received” in s. 668.50(15), F.S. (Section 1)
The bill’s “sent and received” standard provides that a communication violates the statute only if both events occur
within the prohibited hours. In other words, if a communication were sent at 8:00 p.m. but received at 9:30 p.m.,
the communication would not violate the statute. However, in practice, barring a technical anomaly, sending and
receiving should be expected to occur at virtually the same time, though possibly separated by fractions of a
second. (Section 1)
The bill also removes referenced examples of telephone communications to ensure that violations are measured by
the time of communication rather than the form of communication. (Section 1)
The bill reenacts several existing provisions of the law for the purpose of incorporating changes made by the bill.
(Sections 2, 3, 4, 5 and 6).
The bill is effective upon becoming law.
STORAGE NAME: h0147c.COM
DATE: 4/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
The Federal Fair Debt Collection Practices Act (FDCPA)
The FDCPA1 became effective March 1978 to eliminate abusive, deceptive, and unfair debt collection practices.2
Under the FDCPA, a debt collector may not communicate or attempt to communicate with a consumer about a debt
at an unusual or inconvenient time unless the consumer provides prior consent or the communication is permitted
by a court. In the absence of specific knowledge to the contrary, the law presumes that contacting a consumer
before 8:00 a.m. or after 9:00 p.m. local time is inconvenient.3 While email4 and text communications5 are
permitted under the FDCPA, debt collectors must provide consumers with a reasonable and simple method to opt
out of such communications.6
The Florida Consumer Collection Practices Act (FCCPA)
The FCCPA7 prohibits certain practices by any person attempting to collect a debt.8 It serves as Florida’s
counterpart to the FDCPA and aims to eliminate abusive and harassing debt collection tactics.9 For example, under
the FCCPA, a person collecting consumer debt10 is prohibited from utilizing tactics such as using or threatening
violence,11 using profane or vulgar language,12 or attempting to enforce an illegitimate debt.13
Additionally, among the list of prohibited practices, a person collecting consumer debt may not communicate with
a debtor between 9 p.m. and 8 a.m. in the debtor’s time zone without the debtor’s prior consent.14 However, the
FCCPA does not specify the types of communication restricted during these hours. The law does provide two
situations in which the presumed time of a telephone call may be calculated in reference to the time zone of the
caller and the recipient, but because these situations only reference telephone calls and not all types of
communications, it is unclear how or if the law applies to other types of communication.
Recent Litigation
The U.S. District Court for the Southern District of Florida recently addressed the meaning of “communicate with” a
consumer under the FCCPA.15 In this case, the plaintiff sued a debt collector for sending an email at 8:23 p.m.,
which was delivered to her at 10:14 p.m. and remained unread until 11:44 a.m. the following day.16 The plaintiff
1 15 U.S.C. § 1692 et seq.
2 The Fed. Rsrv., Consumer Compliance Handbook, available at
https://www.federalreserve.gov/boarddocs/supmanual/cch/fairdebt.pdf, (last visited Mar. 18, 2025).
3 12 C.F.R. § 1006.6(b)(1)(i).
4 12 C.F.R. § 1006.6(d)(4).
5 12 C.F.R. § 1006.6(d)(5).
6 12 C.F.R. § 1006.6(d)(4)(ii)(4) and (d)(5)(i).
7Ss. 559.55-559.785, F.S.
8 “Debt collector” means any person who uses any instrumentality of commerce within this state, whether initiated from
within or outside this state, in any business the principal purpose of which is the collection of debts, or who regularly collects
or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. The term “debt
collector” includes any creditor who, in the process of collecting her or his own debts, uses any name other than her or his own
which would indicate that a third person is collecting or attempting to collect such debts. S. 559.55(7), F.S.
9 The Consumer Prot. Law Comm. of the Florida Bar, The Consumer Law Bench Book, p. 46, available at
https://www.floridabar.org/about/cmtes/cmte-cm410/cplc-bench-manual/ (last visited Mar. 18, 2025).
10 “Debt” or “consumer debt” means any obligation or alleged obligation of a consumer to pay money arising out of a
transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for
personal, family, or household purposes, whether or not such obligation has been reduced to judgment. S. 559.55(6), F.S.
11 S. 559.72(2), F.S.
12 S. 559.72(8), F.S.
13 S. 559.72(9), F.S.
14 S. 559.72(17), F.S.
15 Quinn-Davis v. TrueAccord Corp., Case No. 1:23-cv-23590-LEIBOWITZ/REID, 2024 WL 4851344, (S.D. Fla. Nov. 20, 2024).
16 Id. at 1.
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2
argued that this constituted a violation of the FCCPA, which prohibits communication with a debtor between 9 p.m.
and 8 a.m.17
With no binding precedent on point, the court ruled that an email does not constitute communication “with” a
consumer until the consumer either reads or at least receives the message.18 Under this Court’s interpretation, the
debt collector did not “communicate” with the plaintiff until 11:44 a.m., when she actually read the email.19 As a
result, the court granted the defendant’s motion for summary judgment.20
Since this case addressed a previously unresolved legal question, in the future Florida courts or other federal
district courts may interpret the issue differently. Notably, the court’s ruling diverges from the Consumer Financial
Protection Bureau’s interpretation under the FDCPA, which takes a broader view of what it means to
“communicate with” a debtor.21
Uniform Electronic Transactions Act
The Uniform Electronic Transactions Act (Act)22 applies to electronic records and electronic signatures relating to a
transaction.23 As used in this Act, an “electronic record” means a record created, generated, sent, communicated,
received, or stored by electronic means.24
Under the Act, an electronic record is sent when the record:
Is addressed properly or otherwise directed properly to an information processing system that the
recipient has designated or uses for the purpose of receiving electronic records or information of the type
sent and from which the recipient is able to retrieve the electronic record.
Is in a form capable of being processed by that system.
Enters an information processing system outside the control of the sender or of a person that sent the
electronic record on behalf of the sender or enters a region of the information processing system
designated or used by the recipient which is under the control of the recipient.25
Additionally, an electronic record is received when the record enters an information processing system that the
recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and
is in a form capable of being processed by that system.26 Accordingly, an electronic record is considered received
even if no individual is aware of its receipt.27
If a person is aware that an electronic record purportedly sent or purportedly received was not actually sent or
received, the legal effect of the sending or receipt is determined by other applicable provisions of law.28
17 Id.
18 Id. at 6-7.
19 Id. at 7.
20 Id.
21 Id. at 5. (“The CFPB interprets ‘communicate with’ under the FDCPA to mean that a debt collector communicates with a
customer when the debt collector ‘sends’ an electronic communication.”).
22 S. 668.50, F.S.
23 “Transaction” means an action or set of actions occurring between two or more persons relating to the conduct of business,
commercial, insurance, or governmental affairs. S. 668.50(2)(p), F.S.
24 S. 668.50(2)(g), F.S.
25 S. 668.50(16)(a), F.S. This provision controls unless another agreement has been made between the sender and the
recipient.
26 S. 668.50(16)(b), F.S. This provision controls unless another agreement has been made between the sender and the
recipient.
27 S. 668.50(16)(e), F.S.
28 S. 668.50(16)(g), F.S.
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3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N, As CS 3/5/2025 Lloyd Schenk
Subcommittee
THE CHANGES ADOPTED BY THE Clarify that emails may be sent at any time, 24 hours a day, rather than
COMMITTEE: allowing additional contacts, other than telephone calls.
Specifies the time of day assigned to the action of sending an electronic
contact or receiving an electronic contact by cross referencing the
Uniform Electronic Transactions Act, as implemented in s. 668.50(15),
F.S.
Removes references to telephone calls to make it clear that all types of
contacts are limited by the subsection, except email contacts.
Civil Justice & Claims 18 Y, 0 N 3/20/2025 Jones Leshko
Subcommittee
Commerce Committee Hamon Schenk
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 147 2025
1 A bill to be entitled
2 An act relating to prohibited practices in consumer
3 debt collection; amending s. 559.72, F.S.; revising
4 prohibited practices for a person attempting to
5 collect consumer debt; making technical changes;
6 reenacting ss. 559.565(2), 559.725(2), 559.77(1) and
7 (2), 648.44(1)(o), and 817.7001(2)(b), F.S., relating
8 to enforcement action against out-of-state consumer
9 debt collector, consumer complaints and administrative
10 duties, civil remedies, prohibitions and penalties,
11 and definitions, respectively, to incorporate the
12 amendment made to s. 559.72, F.S., in references
13 thereto; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 559.72, Florida Statutes, is amended to
18 read:
19 559.72 Prohibited practices generally.—Unless otherwise
20 authorized by law, in collecting consumer debts, a no person may
21 not shall:
22 (1) Simulate in any manner a law enforcement officer or a
23 representative of any governmental agency.
24 (2) Use or threaten force or violence.
25 (3) Tell a debtor who disputes a consumer debt that she or
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26 he or any person employing her or him will disclose to another,
27 orally or in writing, directly or indirectly, information
28 affecting the debtor's reputation for credit worthiness without
29 also informing the debtor that the existence of the dispute will
30 also be disclosed as required by subsection (6).
31 (4) Communicate or threaten to communicate with a debtor's
32 employer before obtaining final judgment against the debtor,
33 unless the debtor gives her or his permission in writing to
34 contact her or his employer or acknowledges in writing the
35 existence of the debt after the debt has been placed for
36 collection. However, this does not prohibit a person from
37 telling the debtor that her or his employer will be contacted if
38 a final judgment is obtained.
39 (5) Disclose to a person other than the debtor or her or
40 his family information affecting the debtor's reputation,
41 whether or not for credit worthiness, with knowledge or reason
42 to know that the other person does not have a legitimate
43 business need for the information or that the information is
44 false.
45 (6) Disclose information concerning the existence of a
46 debt known to be reasonably disputed by the debtor without
47 disclosing that fact. If a disclosure is made before such
48 dispute has been asserted and written notice is received from
49 the debtor that any part of the debt is disputed, and if such
50 dispute is reasonable, the person who made the original
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51 disclosure must reveal upon the request of the debtor within 30
52 days the details of the dispute to each person to whom
53 disclosure of the debt without notice of the dispute was made
54 within the preceding 90 days.
55 (7) Willfully communicate with the debtor or any member of
56 her or his family with such frequency as can reasonably be
57 expected to harass the debtor or her or his family, or willfully
58 engage in other conduct which can reasonably be expected to
59 abuse or harass the debtor or any member of her or his family.
60 (8) Use profane, obscene, vulgar, or willfully abusive
61 language in communicating with the debtor or any member of her
62 or his family.
63 (9) Claim, attempt, or threaten to enforce a debt when
64 such person knows that the debt is not legitimate, or assert the
65 existence of some other legal right when such person knows that
66 the right does not exist.
67 (10) Use a communication that simulates in any manner
68 legal or judicial process or that gives the appearance of being
69 authorized, issued, or approved by a government, governmental
70 agency, or attorney at law, when it is not.
71 (11) Communicate with a debtor under the guise of an
72 attorney by using the stationery of an attorney or forms or
73 instruments that only attorneys are authorized to prepare.
74 (12) Orally communicate with a debtor in a manner that
75 gives the false impression or appearance that such person is or
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76 is associated with an attorney.
77 (13) Advertise or threaten to advertise for sale any debt
78 as a means to enforce payment except under court order or when
79 acting as an assignee for the benefit of a creditor.
80 (14) Publish or post, threaten to publish or post, or
81 cause to be published or posted before the general public
82 individual names or any list of names of debtors, commonly known
83 as a deadbeat list, for the purpose of enforcing or attempting
84 to enforce collection of consumer debts.
85 (15) Refuse to provide adequate identification of herself
86 or himself or her or his employer or other entity whom she or he
87 represents if requested to do so by a debtor from whom she or he
88 is collecting or attempting to collect a consumer debt.
89 (16) Mail any communication to a debtor in an envelope or
90 postcard with words typed, written, or printed on the outside of
91 the envelope or postcard calculated to embarrass the debtor. An
92 example of this would be an envelope addressed to "Deadbeat,
93 Jane Doe" or "Deadbeat, John Doe."
94 (17) Communicate with the debtor via a communication sent
95 and received, as provided in s. 668.50(15), between the hours of
96 9 p.m. and 8 a.m. in the debtor's time zone without the prior
97 consent of the debtor. The prohibition contained in this
98 subsection does not apply to an e-mail communication.
99 (a) The person may presume that the time a telephone call
100 communication is received conforms to the local time zone
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101 assigned to the record address area code of the debtor number
102 called, unless the person reasonably believes that the debtor's
103 telephone is located in a different time zone.
104 (b) If, such as with toll-free numbers, an area code is
105 not assigned to a specific geographic area, the person may
106 presume that the time a telephone call is received conforms to
107 the local time zone of the debtor's last known place of
108 residence, unless the person reasonably believes that the
109 debtor's telephone is located in a different time zone.
110 (18) Communicate with a debtor if the person knows that
111 the debtor is represented by an attorney with respect to such
112 debt and has knowledge of, or can readily ascertain, such
113 attorney's name and address, unless the debtor's attorney fails
114 to respond within 30 days to a communication from the person,
115 unless the debtor's attorney consents to a direct communication
116 with the debtor, or unless the debtor initiates the
117 communication.
118 (19) Cause a debtor to be charged for communications by
119 concealing the true purpose of the communication, including
120 collect telephone calls and telegram fees.
121 Section 2. For the purpose of incorporating the amendment
122 made by this act to section 559.72, Florida Statutes, in a
123 reference thereto, subsection (2) of section 559.565, Florida
124 Statutes, is reenacted to read:
125 559.565 Enforcement action against out-of-state consumer
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126 debt collector.—The remedies of this section are cumulative to
127 other sanctions and enforcement provisions of this part for any
128 violation by an out-of-state consumer debt collector, as defined
129 in s. 559.55(11).
130 (2) A person, whether or not exempt from registration
131 under this part, who violates s. 559.72 is subject to sanctions
132 the same as any other consumer debt collector, including
133 imposition of an administrative fine. The registration of a duly
134 registered out-of-state consumer debt collector is subject to
135 revocation or suspension in the same manner as the registration
136 of any other registrant under this part.
137 Section 3. For the purpose of incorporating the amendment
138 made by this act to section 559.72, Florida Statutes, in a
139 reference thereto, subsection (2) of section 559.725, Florida
140 Statutes, is reenacted to read:
141 559.725 Consumer complaints; administrative duties.—
142 (2) The office shall inform and furnish relevant
143 information to the appropriate regulatory body of the state or
144 the Federal Government, or The Florida Bar in the case of
145 attorneys, if a person has been named in a consumer complaint
146 pursuant to subsection (3) alleging violations of s. 559.72. The
147 Attorney General may take action against any person in violation
148 of this part.
149 Section 4. For the purpose of incorporating the amendment
150 made by this act to section 559.72, Florida Statutes, in
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151 references thereto, subsections (1) and (2) of section 559.77,
152 Florida Statutes, are reenacted to read:
153 559.77 Civil remedies.—
154 (1) A debtor may bring a civil action against a person
155 violating the provisions of s. 559.72 in the county in which the
156 alleged violator resides or has his or her principal place of
157 business or in the county where the alleged violation occurred.
158 (2) Any person who fails to comply with any provision of
159 s. 559.72 is liable for actual damages and for additional
160 statutory damages as the court may allow, but not exceeding
161 $1,000, together with court costs and reasonable attorney's fees
162 incurred by the plaintiff. In determining the defendant's
163 liability for any additional statutory damages, the court shall
164 consider the nature of the defendant's noncompliance with s.
165 559.72, the frequency and persistence of the noncompliance, and
166 the extent to which the noncompliance was intentional. In a
167 class action lawsuit brought under this section, the court may
168 award additional statutory damages of up to $1,000 for each
169 named plaintiff and an aggregate award of additional statutory
170 damages up to the lesser of $500,000 or 1 percent of the
171 defendant's net worth for all remaining class members; however,
172 the aggregate award may not provide an individual class member
173 with additional statutory damages in excess of $1,000. The court
174 may award punitive damages and may provide such equitable relief
175 as it deems necessary or proper, including enjoining the
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176 defendant from further violations of this part. If the court
177 finds that the suit fails to raise a justiciable issue of law or
178 fact, the plaintiff is liable for court costs and reasonable
179 attorney's fees incurred by the defendant.
180 Section 5. For the purpose of incorporating the amendment
181 made by this act to section 559.72, Florida Statutes, in a
182 reference thereto, paragraph (o) of subsection (1) of section
183 648.44, Florida Statutes, is reenacted to read:
184 648.44 Prohibitions; penalty.—
185 (1) A bail bond agent or bail bond agency may not:
186 (o) Attempt to collect, through threat or coercion,
187 amounts due for the payment of any indebtedness related to the
188 issuance of a bail bond in violation of s. 559.72.
189 Section 6. For the purpose of incorporating the amendment
190 made by this act to section 559.72, Florida Statutes, in a
191 reference thereto, paragraph (b) of subsection (2) of section
192 817.7001, Florida Statutes, is reenacted to read:
193 817.7001 Definitions.—As used in this part:
194 (2)
195 (b) "Credit service organization" does not include:
196 1. Any person authorized to make loans or extensions of
197 credit under the laws of this state or the United States who is
198 subject to regulation and supervision by this state or the
199 United States or a lender approved by the United States
200 Secretary of Housing and Urban Development for participation in
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201 any mortgage insurance program under the National Housing Act;
202 2. Any bank, savings bank, or savings and loan association
203 whose deposits or accounts are eligible for insurance by the
204 Federal Deposit Insurance Corporation or the Federal Savings and
205 Loan Insurance Corporation, or a subsidiary of such bank,
206 savings bank, or savings and loan association;
207 3. Any credit union, federal credit union, or out-of-state
208 credit union doing business in this state;
209 4. Any nonprofit organization exempt from taxation under
210 s. 501(c)(3) of the Internal Revenue Code;
211 5. Any person licensed as a real estate broker by this
212 state if the person is acting within the course and scope of
213 that license;
214 6. Any person collecting consumer claims pursuant to s.
215 559.72;
216 7. Any person licensed to practice law in this state if
217 the person renders services within the course and scope of his
218 or her practice as an attorney and does not engage in the credit
219 service business on a regular and continuing basis;
220 8. Any broker-dealer registered with the Securities and
221 Exchange Commission or the Commodity Futures Trading Commission
222 if the broker-dealer is acting within the course and scope of
223 that regulation; or
224 9. Any consumer reporting agency as defined in the Federal
225 Fair Credit Reporting Act, 15 U.S.C. ss. 1681-1681t.
Page 9 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb147-01-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 147 2025
226 Section 7. This act shall take effect upon becoming law.
Page 10 of 10
CODING: Words stricken are deletions; words underlined are additions.
hb147-01-c1
COMMERCE COMMITTEE
CS/HB 147 by Rep. Gossett-Seidman
Prohibited Practices in Consumer Debt Collection
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Gossett-Seidman (line 19):
• Conforms the bill to its Senate companion by:
o Removing the “sent and received” standard for determining when a
communication occurs and an accompanying reference to Florida’s
adopted provisions of the Uniform Electronic Transactions Act for
interpreting the standard.
o Restoring the original statutory language regarding time zone
presumptions for telephone calls based on area codes (for geographical
numbers) or the debtor’s last known place of residence (for toll-free
numbers), rather than using the debtor’s record address for all
communications.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 147 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Gossett-Seidman offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 19-109 and insert:
6 559.72 Prohibited practices generally.—In collecting
7 consumer debts, a no person may not shall:
8 (1) Simulate in any manner a law enforcement officer or a
9 representative of any governmental agency.
10 (2) Use or threaten force or violence.
11 (3) Tell a debtor who disputes a consumer debt that she or
12 he or any person employing her or him will disclose to another,
13 orally or in writing, directly or indirectly, information
14 affecting the debtor's reputation for credit worthiness without
15 also informing the debtor that the existence of the dispute will
16 also be disclosed as required by subsection (6).
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 147 (2025)
Amendment No. 1
17 (4) Communicate or threaten to communicate with a debtor's
18 employer before obtaining final judgment against the debtor,
19 unless the debtor gives her or his permission in writing to
20 contact her or his employer or acknowledges in writing the
21 existence of the debt after the debt has been placed for
22 collection. However, this does not prohibit a person from
23 telling the debtor that her or his employer will be contacted if
24 a final judgment is obtained.
25 (5) Disclose to a person other than the debtor or her or
26 his family information affecting the debtor's reputation,
27 whether or not for credit worthiness, with knowledge or reason
28 to know that the other person does not have a legitimate
29 business need for the information or that the information is
30 false.
31 (6) Disclose information concerning the existence of a
32 debt known to be reasonably disputed by the debtor without
33 disclosing that fact. If a disclosure is made before such
34 dispute has been asserted and written notice is received from
35 the debtor that any part of the debt is disputed, and if such
36 dispute is reasonable, the person who made the original
37 disclosure must reveal upon the request of the debtor within 30
38 days the details of the dispute to each person to whom
39 disclosure of the debt without notice of the dispute was made
40 within the preceding 90 days.
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Page 2 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 147 (2025)
Amendment No. 1
41 (7) Willfully communicate with the debtor or any member of
42 her or his family with such frequency as can reasonably be
43 expected to harass the debtor or her or his family, or willfully
44 engage in other conduct which can reasonably be expected to
45 abuse or harass the debtor or any member of her or his family.
46 (8) Use profane, obscene, vulgar, or willfully abusive
47 language in communicating with the debtor or any member of her
48 or his family.
49 (9) Claim, attempt, or threaten to enforce a debt when
50 such person knows that the debt is not legitimate, or assert the
51 existence of some other legal right when such person knows that
52 the right does not exist.
53 (10) Use a communication that simulates in any manner
54 legal or judicial process or that gives the appearance of being
55 authorized, issued, or approved by a government, governmental
56 agency, or attorney at law, when it is not.
57 (11) Communicate with a debtor under the guise of an
58 attorney by using the stationery of an attorney or forms or
59 instruments that only attorneys are authorized to prepare.
60 (12) Orally communicate with a debtor in a manner that
61 gives the false impression or appearance that such person is or
62 is associated with an attorney.
63 (13) Advertise or threaten to advertise for sale any debt
64 as a means to enforce payment except under court order or when
65 acting as an assignee for the benefit of a creditor.
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Page 3 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 147 (2025)
Amendment No. 1
66 (14) Publish or post, threaten to publish or post, or
67 cause to be published or posted before the general public
68 individual names or any list of names of debtors, commonly known
69 as a deadbeat list, for the purpose of enforcing or attempting
70 to enforce collection of consumer debts.
71 (15) Refuse to provide adequate identification of herself
72 or himself or her or his employer or other entity whom she or he
73 represents if requested to do so by a debtor from whom she or he
74 is collecting or attempting to collect a consumer debt.
75 (16) Mail any communication to a debtor in an envelope or
76 postcard with words typed, written, or printed on the outside of
77 the envelope or postcard calculated to embarrass the debtor. An
78 example of this would be an envelope addressed to "Deadbeat,
79 Jane Doe" or "Deadbeat, John Doe."
80 (17) Communicate with the debtor between the hours of 9
81 p.m. and 8 a.m. in the debtor's time zone without the prior
82 consent of the debtor. This subsection does not apply to an e-
83 mail communication that is sent to an e-mail address and that
84 otherwise complies with this section.
85 (a) The person may presume that the time a telephone call
86 is received conforms to the local time zone assigned to the area
87 code of the number called, unless the person reasonably believes
88 that the debtor's telephone is located in a different time zone.
89 (b) If, such as with toll-free numbers, an area code is
90 not assigned to a specific geographic area, the person may
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Page 4 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 147 (2025)
Amendment No. 1
91 presume that the time a telephone call is received conforms to
92 the local time zone of the debtor's last known place of
93 residence, unless the person reasonably believes that the
94 debtor's telephone is located in a different time zone.
95 -----------------------------------------------------
96 T I T L E A M E N D M E N T
97 Remove lines 5-13 and insert:
98 collect consumer debt; providing applicability; making
99 a technical change; reenacting ss. 559.565(2),
100 559.725(2), 559.77(1) and (2), 648.44(1)(o), and
101 817.7001(2)(b), F.S., relating to enforcement action
102 against an out-of-state consumer debt collector,
103 consumer complaints and administrative duties, civil
104 remedies, prohibitions and penalties, and definitions,
105 respectively, to incorporate the amendment made to s.
106 559.72, F.S., in references thereto; providing an
107 effective date.
108
109 WHEREAS, the Legislature acknowledges that s. 559.72(17),
110 Florida Statutes, was adopted before e-mail communication became
111 commonly used, and that the only specific communication
112 explicitly contemplated in such subsection is telephone calls,
113 and
114 WHEREAS, the Legislature intends to update and clarify
115 prohibited practices in collecting debt to address e-mail
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Page 5 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 147 (2025)
Amendment No. 1
116 communication by excluding such communication from
117 prohibited contact between the hours of 9:00 p.m. and 8:00
118 a.m. because such contact is less invasive and less
119 disruptive than telephone calls, NOW, THEREFORE,
120
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Page 6 of 6
CS/HB 177
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 177 COMPANION BILL: CS/SB 274 (Arrington)
TITLE: Transportation Facility Designations LINKED BILLS: None
SPONSOR(S): Harris, Woodson RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill designates two transportation facilities for memorial purposes and directs the Florida Department of
Transportation (FDOT) to erect suitable markers for each designation.
Fiscal or Economic Impact:
The bill will have an insignificant negative impact on state government expenditures.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires FDOT to erect suitable markers for the following transportation facility designations: (Section 1).
Harris Rosen Way
That portion of International Drive between S.R. 528 and Sand Lake Road in Orange County is designated as
"Harris Rosen Way."
Bernard Wilkes Ribault River Bridge
The bridge on Moncrief Road West over the Ribault River in Duval County will be designated as "Bernard Wilkes
Ribault River Bridge."
The bill has an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an insignificant negative impact on state government expenditures. FDOT estimates a cost of
$2,400 per designation for the appropriate markers, which provides for two signs per designation at $1,200 per
sign.1 Therefore, the bill has an estimated negative fiscal impact of $4,800 to the State Transportation Trust Fund.
This cost can be absorbed within existing FDOT resources.
1 Email from Jack Rogers, Director of Legislative Affairs, Department of Transportation, RE: Road Designations Review (Feb.
13, 2025).
STORAGE NAME: h0177b.COM
DATE: 4/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legislative Designation of Transportation Facilities
The Legislature may designate a transportation facility, such as a bridge or a portion of a road, for honorary or
memorial purposes or to distinguish a particular facility. Legislative designations do not officially change the
existing names of facilities and may not require local governments or private parties to change street signs, mailing
addresses, or 911 emergency telephone number system listing.2
Unless specifically provided by law, public facilities such as roads, bridges, and other similar facilities may not be
named for any living person.3
Transportation Facility Markers
Following a legislative designation, FDOT is required to place markers at the termini or intersections specified for
each highway segment or bridge designated and may place other markers it deems as appropriate.4 Before
markers may be erected, the appropriate city or county commission must pass a resolution in support of the
particular honorary designation. If the designated bridge or road segment is located in more than one city or
county, there must be resolutions supporting the designation from each affected local government before markers
may be erected.5
Biographical Information
Harris Rosen Way
Harris Rosen was President and Chief Operating Officer of Rosen Hotels & Resorts, a hospitality company founded
in 1974 that operates seven Orlando-area hotels. Mr. Rosen received numerous philanthropic and humanitarian
awards, including the Association of Fundraising Professionals lifetime award, as well as the Leadership Florida’s
LeRoy Collins Lifetime Achievement Award. Mr. Rosen passed away on November 25, 2024, at age 85.
Bernard Wilkes Ribault River Bridge
Coach Bernard Wilkes was recognized as one of the most successful high school coaches in Florida's history. He
dedicated 30 years of service to the Duval County Public School System, teaching and coaching basketball at
Ribault Senior High School. Throughout his career, Coach Wilkes led the basketball team to four state
championships, 12 Gateway Conference championships, 21 district titles, and reached the Florida High School
Athletic Association Finals 16 times. Coach Wilkes passed away on March 5, 2006.
2 S. 334.071(1), F.S.
3 S. 267.062(1), F.S.
4 S. 334.071(2), F.S.
5 S. 334.071(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 17 Y, 0 N, As CS 3/19/2025 Keating Garcia
Subcommittee
THE CHANGES ADOPTED BY THE Added a designation for the bridge on Moncrief Road West over the
COMMITTEE: Ribault River in Duval County as the “Bernard Wilkes Ribault River
Bridge.”
Commerce Committee Hamon Garcia
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 177 2025
1 A bill to be entitled
2 An act relating to transportation facility
3 designations; providing honorary designations of
4 certain transportation facilities in specified
5 counties; directing the Department of Transportation
6 to erect suitable markers; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.—
13 (1) That portion of International Drive between S.R. 528
14 and Sand Lake Road in Orange County is designated as "Harris
15 Rosen Way."
16 (2) The bridge on Moncrief Road West over the Ribault
17 River in Duval County is designated as "Bernard Wilkes Ribault
18 River Bridge."
19 (3) The Department of Transportation is directed to erect
20 suitable markers designating the transportation facilities as
21 described in this section.
22 Section 2. This act shall take effect July 1, 2025.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
hb177-01-c1
COMMERCE COMMITTEE
CS/HB 177 by Rep. Harris and Woodson
Transportation Facility Designations
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Bracy Davis (line 19):
• Directs the Department of Transportation to erect suitable markers designating W. South
Street between South Division Avenue and U.S. 441 in Orange County as “Geraldine
Thompson Way.”
Amendment 2 by Rep. Duggan (line 19):
• Directs the Department of Transportation to erect suitable markers designating West
Beaver Street (SR 10) between King Street and Acorn Street in Duval County as “Harry
Frisch Street.”
Amendment 3 by Rep. Mooney (line 19):
• Directs the Department of Transportation to erect suitable markers designating bridge
number 900111 on S.R. 5/ South Pine Channel over South Pine Channel in Monroe
County as “Jose Wejebe Bridge.”
Amendment 4 by Rep. Rizo (line 19):
• Directs the Department of Transportation to erect suitable markers designating that
portion of S.R. 932/N.W. 103rd Street/49th Street within the City of Hialeah in Miami-
Dade County as "Celia Cruz Way."
Amendment 5 by Rep. Aristide (line 19):
• Directs the Department of Transportation to erect suitable markers designating that
portion of S.R. 915 in North Miami Beach on NE 6th Avenue between S.R. 860 and S.R.
816 as "Toussaint L'Ouverture Boulevard."
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 177 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Bracy Davis offered the following:
3
4 Amendment
5 Remove line 19 and insert:
6 (3) That portion of W. South Street between South Division
7 Avenue and U.S. 441 in Orange County is designated as “Geraldine
8 Thompson Way.”
9 (4) The Department of Transportation is directed to erect
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 177 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Duggan offered the following:
3
4 Amendment
5 Remove line 19 and insert:
6 (3) West Beaver Street (SR 10) between King Street and
7 Acorn Street in Duval County is designated as “Harry Frisch
8 Street.”
9 (4) The Department of Transportation is directed to erect
10
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 177 (2025)
Amendment No. 3
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Mooney offered the following:
3
4 Amendment
5 Remove line 19 and insert:
6 (3) Bridge number 900117 on S.R. 5/ Niles Channel over
7 Niles Channel in Monroe County is designated as “Jose Wejebe
8 Bridge.”
9 (4) The Department of Transportation is directed to erect
10
11
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 177 (2025)
Amendment No. 4
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Rizo offered the following:
3
4 Amendment
5 Remove line 19 and insert:
6 (3) That portion of S.R. 932/N.W. 103rd Street/49th Street
7 within the City of Hialeah in Miami-Dade County is designated as
8 "Celia Cruz Way."
9 (4) The Department of Transportation is directed to erect
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 177 (2025)
Amendment No. 5
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Aristide offered the following:
3
4 Amendment
5 Remove line 19 and insert:
6 (3) That portion of S.R. 915 in North Miami Beach on NE
7 6th Avenue between S.R. 860 and S.R. 816 is designated as
8 "Toussaint L'Ouverture Boulevard."
9 (4) The Department of Transportation is directed to erect
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Page 1 of 1
CS/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 #: CS/HB 203 COMPANION BILLS: SB 1738 (Ingoglia)
TITLE: Transportation Concurrency LINKED BILLS: None
SPONSOR(S): Grow RELATED BILLS: SB 1074 (McClain)
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
13 Y, 0 N, As CS 17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill allows counties with a population of 200,000 or less that apply concurrency to transportation facilities to
maintain current levels of service rather than meeting adopted levels of service.
Fiscal or Economic Impact:
The bill has an indeterminate fiscal or economic 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. For small counties1 that apply transportation concurrency, the
bill provides that the capital improvement element of their respective comprehensive plans may maintain current
levels of service. (Section 1.)
In effect, the bill allows a small county that has imposed transportation concurrency requirements to identify in its
comprehensive plan only those facilities necessary to maintain current levels of service, rather than meeting
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.
1 For purposes of these provisions, “small county” means any county that has a population of 200,000 or less, as determined by
the most recent official estimate. See ss. 339.2818(2) and 186.901, F.S.
STORAGE NAME: h0203d.COM
DATE: 4/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Planning Act
Florida’s Community Planning Act (CPA)2 requires every local government3 to plan for future development and
growth by adopting, implementing, and amending as necessary a comprehensive plan.4 All elements of a plan or
plan amendment must be based on relevant, appropriate data5 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.6
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.7 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.8
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.9
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.10 “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.”11 Sanitary sewer,
solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency
requirement on a statewide basis;12 however, any local government may extend the concurrency requirement to
additional public facilities, such as transportation.13
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.14 A level of
service is an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based
on the operational characteristics of the facility.15 The level is measured by the capacity per unit of demand for
each public facility.
2 Ch. 163, Part II, F.S.
3 Local government means any county or municipality. S. 163.3164(29), F.S.
4 Ss. 163.3167(2), F.S. and 163.3177, F.S.
5 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.
6 S. 163.3177(1)(f), F.S.
7 S. 163.3177(6)(b), F.S.
8 Id.
9 Id.
10 S. 163.3180(2), F.S.
11 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).
12 S. 163.3180(1), F.S.
13 Id.
14 S. 163.3180(5)(a), F.S.
15 S. 163.3164(28), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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.16 A local government’s comprehensive plan that imposes transportation
concurrency must contain appropriate amendments to the capital improvements element17 of its comprehensive
plan.18
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.19
Small Counties
Under Florida law, a “small county” is defined for the purposes of transportation finance and planning as any
county that has a population of 200,000 or less.20 Each year, the Office of Economic and Demographic Research
(EDR) provides population estimates of local governments to the Executive Office of the Governor.21 Population is
computed as the number of residents and EDR employs the same general guidelines used by the United States
Bureau of the Census.22 In 2024, 38 out of Florida’s 67 counties were considered small counties.23
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 13 Y, 0 N, As CS 4/1/2025 Curtin Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE Limited the authorization for a comprehensive plan for transportation
COMMITTEE: concurrency to identify facilities necessary to maintain current levels of
service to counties with a population of 200,000 or less.
Intergovernmental Affairs 17 Y, 0 N 4/9/2025 Darden Darden
Subcommittee
Commerce Committee Hamon Fletcher
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
16 S. 163.3180(5)(d), F.S.
17 “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.
18 S. 163.3180(5)(d), F.S.
19 Id.
20 See s. 339.2818(2), F.S.
21 S. 186.901(1), F.S.
22 S. 186.901(2)(a), F.S.
23 See Florida Office of Economic and Demographic Research, Florida’s Resident Population, The Florida Legislature
Econographic News (2024 Vol. I), https://edr.state.fl.us/Content/population-
demographics/reports/econographicnews_2024_Volume%201.pdf (last visited Apr. 2, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 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 for small counties;
7 providing an effective 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 for small
24 counties as defined in s. 339.2818(2).
25 Section 2. This act shall take effect July 1, 2025.
Page 1 of 1
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hb203-01-c1
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, Hunschofsky RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
14 Y, 0 N 17 Y, 0 N
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 revises the prohibition on governmental entities adopting or enforcing any ordinance, resolution,
regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an activity of a bona fide farm
operation to include the collection, storage, processing, and distribution of farm products 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 include plants and plant products,1 regardless of whether the
plants and plant products are edible or nonedible. (Section 1.)
The bill revises the prohibition on governmental entities2 adopting or enforcing any ordinance, resolution,
regulation, rule, or policy that prohibits, restricts, regulates, or otherwise limits an activity of a bona fide farm
operation to include the collection, storage, processing, and distribution of farm products 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 trees, 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: h0211d.COM
DATE: 4/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Agriculture in Florida
As of 2024, Florida had 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, 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 local or regional 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 pursuant to 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 any animal that is 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
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 0 N 4/1/2025 Curtin Fletcher
Subcommittee
Intergovernmental Affairs 17 Y, 0 N 4/9/2025 Darden Jones
Subcommittee
Commerce Committee Hamon Fletcher
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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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
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.
Page 3 of 3
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hb211-00
CS/CS/HB 369
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 369 COMPANION BILL: CS/SB 702 (Burgess)
TITLE: Provenance of Digital Content LINKED BILLS: None
SPONSOR(S): McFarland RELATED BILLS: None
Committee References
Information Technology Budget & Economic Infrastructure Commerce
Policy 16 Y, 0 N, As CS
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill defines the term “provenance data” as information about the origin of digital content and the history of
modifications to such content that identifies whether some or all of the content has been produced or modified by
generative artificial intelligence. The bill requires artificial intelligence providers to apply provenance data to
content or make a provenance application tool that enables a user to apply provenance data, either directly or
through the use of third-party technology. It also requires an artificial intelligence provider to make available a free
provenance reader. The bill requires social media platforms to retain all available provenance data of content
uploaded to or posted on such platform and make it available in a readable format to the users of the platform. The
bill provides that certain violations constitute an unfair or deceptive act.
Fiscal or Economic Impact:
The bill does not appear to have a fiscal impact on the state or local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates a new section of law related to provenance data of digital content. The bill defines various terms,
including:
“Generative artificial intelligence” has the same meaning as in s. 106.145(1), F.S.1
“Generative artificial intelligence model” means an artificial intelligence system designed to generate new
data or content based on the patterns or structures of its training data. The term does not include
capabilities primarily intended for classification, predictions, or labeling.
“Generative artificial intelligence provider” means an organization that develops a generative artificial
intelligence tool that is publicly available.
“Generative artificial intelligence tool” means a product or feature that provides the outputs from a
generative artificial intelligence model to end users.
“Provenance application tool” means a tool or online service that allows users to apply provenance data.
“Provenance data” means information about the origin of digital content and the history of modifications to
such content in a format that is compliant with widely adopted guidelines or specifications promulgated by
an established standard-setting body. Provenance data must indicate whether some or all of the content is
synthetic content. If there is synthetic content, the provenance data must identify the name of the
generative artificial intelligence provider whose generative artificial intelligence tool generated the
synthetic data. Provenance data must not include any personally identifying information, unique device,
1 Section 106.145, F.S., defines “generative artificial intelligence” as a machine-based system that can, for a given set of human-
defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content
including images, videos, audio, text, and other digital content.
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1
system, or service information that is reasonably capable of being associated with a particular user, unless
directed by the user.
“Provenance reader” means a tool or service that allows users to view the provenance data.
“Social media platform” means an online forum, website, or application for which the primary function is to
allow users to upload content or view content or activity of other users. The term does not include:
o An online service, website, or application where the exclusive function is e-mail or direct messaging
consisting of text, photographs, pictures, images, or videos shared only between the sender and the
recipients, without displaying or posting publicly to other users not specifically identified as the
recipients by the sender; or
o An online service, application, or website that consists primarily of news, sports, entertainment, or
other information or content that is not user generated or uploaded but is preselected by the
provider, and for which any chat, comments, or interactive functionality is incidental to, directly
related to, or dependent on the provision of the content.
“Synthetic content” means any visual or audio content that has been produced or modified by a generative
artificial intelligence tool. (Section 1)
The bill provides that a generative artificial intelligence provider must:
Make available a provenance application tool that enables the user to apply provenance data, either
directly or through the use of third-party technology, to content that has been generated or modified to
include synthetic content; or
Apply provenance data, either directly or through the use of third-party technology, to content that has
been generated or modified to include synthetic content. (Section 1)
The bill requires a generative artificial intelligence provider subject to the requirements of the bill to make
available to the public for free, either directly or through the use of third-party technology, a provenance reader.
(Section 1)
The bill requires a social media platform to retain all available provenance data of content uploaded to or posted
on such platform, and make it available in a readable format to the users of the platform directly, through a
conspicuous indicator that allows a user to access the provenance data, or both. This requirement does not apply in
cases of the user’s removal of the data. (Section 1)
The bill provides that a violation of the law constitutes an unfair or deceptive act or practice. (Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Provenance Data
The Coalition for Content Provenance and Authenticity (C2PA), an alliance between Adobe, Arm, Intel, Microsoft,
and Truepic, addresses the issues of misleading digital media through the development of technical standards for
certifying the source and history of media content.2 The source and history of such content is often known as
provenance. Provenance is trustworthy and tells the user about the origins of the digital content. It may include
information about who created the digital content and how, when, and where it was created or edited.3
Artificial Intelligence
While strictly describing or defining artificial intelligence (AI) can be difficult as the term encompasses a large field
of existing and emerging technologies, methodologies, and application areas, the Congressional Research Service
has recently stated that AI is “generally thought of as computerized systems that work and react in ways commonly
2 C2PA, Overview, available at https://c2pa.org/ (last visited March 17, 2025).
3 C2PA, FAQ, available at https://c2pa.org/faq/ (last visited March 17, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
thought to require intelligence.”4 The application of AI extends to areas such as “natural language processing, facial
recognition, and robotics.”5 A subset of AI, called generative AI, a term which refers to “machine learning models
developed through training on large volumes of data” for the purpose of generating new content, has undergone
rapid advancement over the past few years.6
Social Media Platforms
The term “social media” includes “forms of electronic communication (such as websites for social networking and
microblogging) through which users create online communities to share information, ideas, videos, personal
messages, and other content (such as videos).”7 In 2005, the year Facebook started, just five percent of American
adults used social media platforms. By 2023, over 80 percent use some type of social media.8
Florida Deceptive and Unfair Trade Practices Act
The Florida Deceptive and Unfair Trade Practices Act (FDUTPA)9 is a consumer and business protection measure
that prohibits unfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or
practices in trade or commerce.10 For a violation of the FDUTPA, the State Attorney or the Department of Legal
Affairs may bring actions when it is in the public interest on behalf of consumers or governmental entities.11 The
Office of the State Attorney may enforce the act if the violation takes place in its jurisdiction.12 The Department of
Legal Affairs has enforcement authority if the violation is multi-jurisdictional, the state attorney defers in writing,
or the state attorney fails to act within 90 days after a written complaint is filed.13 Consumers may also file suit
through private actions.14
The Department of Legal Affairs and the State Attorney, as enforcing authorities, may seek the following remedies:
Declaratory judgments.
Injunctive relief.
Actual damages on behalf of consumers and businesses.
Cease and desist orders.
Civil penalties of up to $10,000 per willful violation.15
Remedies for private parties are limited to the following:
A declaratory judgment and an injunction where a person is aggrieved by a FDUTPA violation.
Actual damages, attorney fees, and court costs, where a person has suffered a loss due to a FDUTPA
violation.16
4 Artificial Intelligence: Overview, Recent Advances, and Considerations for the 118th Congress, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/R/R47644 (last visited March 7, 2025).
5 Id.
6 Id.; See also Generative Artificial Intelligence: Overview, Issues, and Questions for Congress, Congressional Research Service,
available at https://crsreports.congress.gov/product/pdf/IF/IF12426 (last visited Mar. 12, 2024).
7 Merriam-Webster, Dictionary, Definition, Social Media, https://www.merriam-webster.com/dictionary/social%20media (last
visited March 7, 2025).
8 Pew Research Center, Americans’ Social Media Use, (Jan.31, 2024), https://www.pewresearch.org/internet/fact-sheet/social-
media/ (last visited March 7, 2025).
9 S. 501.201, F.S.
10 See s. 501.202, F.S.
11 See ss. 501.203(2), 501.206, and 501.207, F.S.
12 S. 501.203(2), F.S.
13 Id.
14 S. 501.211, F.S.
15 Ss. 501.207(1), 501.2075, and 501.208, F.S.
16 S. 501.211(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Information Technology Budget & 17 Y, 0 N, As CS 3/19/2025 Davila Harrington
Policy Subcommittee
THE CHANGES ADOPTED BY THE Removes provisions pertaining to disclaimers on election materials;
COMMITTEE: Removes provisions pertaining to a pilot program at the Division of
Emergency Management;
Removes provisions relating to capture devices;
Amends various definitions and requirements relating to AI;
Moves the effective date of the bill to July 1, 2026.
Economic Infrastructure 16 Y, 0 N, As CS 3/31/2025 Keating Bauldree
Subcommittee
THE CHANGES ADOPTED BY THE Revises the definition for “social media platform” for the purposes of
COMMITTEE: the bill.
Clarifies that a generative artificial intelligence provider subject to the
requirements of the bill shall make specified information available to
the public.
Commerce Committee Hamon Bauldree
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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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/CS/HB 369 2025
1 A bill to be entitled
2 An act relating to provenance of digital content;
3 creating s. 501.9741, F.S.; providing definitions;
4 requiring certain artificial intelligence providers to
5 make provenance data available through specified
6 options; requiring such providers to make provenance
7 readers available in a specified manner; requiring
8 certain social media platforms to retain and make
9 available certain provenance data; providing
10 applicability; providing that a violation constitutes
11 an unfair or deceptive act or practice; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 501.9741, Florida Statutes, is created
17 to read:
18 501.9741 Provenance data of digital content.—
19 (1) As used in this section, the term:
20 (a) "Generative artificial intelligence" has the same
21 meaning as in s. 106.145(1).
22 (b) "Generative artificial intelligence model" means an
23 artificial intelligence system designed to generate new data or
24 content based on the patterns or structures of its training
25 data. The term does not include capabilities primarily intended
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CS/CS/HB 369 2025
26 for classifications, predictions, or labeling.
27 (c) "Generative artificial intelligence provider" means an
28 organization that develops a generative artificial intelligence
29 tool that is publicly available.
30 (d) "Generative artificial intelligence tool" means a
31 product or feature that provides the outputs from a generative
32 artificial intelligence model to end users.
33 (e) "Provenance application tool" means a tool or online
34 service that allows users to apply provenance data.
35 (f) "Provenance data" means information about the origin
36 of digital content and the history of modifications to such
37 content in a format that is compliant with widely adopted
38 guidelines or specifications promulgated by an established
39 standard-setting body. Provenance data must indicate whether
40 some or all of the content is synthetic content. If there is
41 synthetic content, the provenance data must identify the name of
42 the generative artificial intelligence provider whose generative
43 artificial intelligence tool generated the synthetic data.
44 Provenance data shall not include any personally identifying
45 information, unique device, system, or service information that
46 is reasonably capable of being associated with a particular
47 user, unless directed by the user.
48 (g) "Provenance reader" means a tool or service that
49 allows users to view provenance data.
50 (h) "Social media platform" means an online forum,
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CS/CS/HB 369 2025
51 website, or application for which the primary function is to
52 allow users to upload content or view content or activity of
53 other users. The term does not include:
54 1. An online service, website, or application where the
55 exclusive function is e-mail or direct messaging consisting of
56 text, photographs, pictures, images, or videos shared only
57 between the sender and the recipients, without displaying or
58 posting publicly to other users not specifically identified as
59 the recipients by the sender; or
60 2. An online service, website, or application, that
61 consists primarily of news, sports, entertainment, or other
62 information or content that is not user generated or uploaded
63 but is preselected by the provider, and for which any chat,
64 comments, or interactive functionality is incidental to,
65 directly related to, or dependent on the provision of the
66 content.
67 (i) "Synthetic content" means any visual or audio content
68 that has been produced or modified by a generative artificial
69 intelligence tool.
70 (2) A generative artificial intelligence provider shall:
71 (a) Make available a provenance application tool that
72 enables the user to apply provenance data, either directly or
73 through the use of third-party technology, to content that has
74 been generated or modified to include synthetic content; or
75 (b) Apply provenance data, either directly or through the
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CS/CS/HB 369 2025
76 use of third-party technology, to content that has been
77 generated or modified to include synthetic content.
78 (3) A generative artificial intelligence provider subject
79 to the requirements of subsection (2) shall also make available
80 to the public for free, either directly or through the use of
81 third-party technology, a provenance reader.
82 (4) A social media platform must retain all available
83 provenance data of content uploaded to or posted on such
84 platform, and make available to the users of the platform such
85 provenance data in a readable format directly or through a
86 conspicuous indicator that allows a user to access the
87 provenance data or both. This requirement does not apply in
88 cases of the user's removal of provenance data.
89 (5) A violation of this section constitutes an unfair or
90 deceptive act or practice as specified in s. 501.204 and shall
91 be exclusively enforced in a civil action by the Attorney
92 General. The Department of Legal Affairs must notify the
93 generative artificial intelligence provider or the social media
94 platform of any suspected violation and allow the provider or
95 platform 30 calendar days to cure the alleged violation before
96 initiating enforcement action. This section does not create a
97 private right of action.
98 Section 2. This act shall take effect July 1, 2026.
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COMMERCE COMMITTEE
CS/CS/HB 369 by Rep. McFarland
Provenance of Digital Content
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. McFarland (line 27):
• Replaces the term “generative artificial intelligence provider” with “generative artificial
intelligence developer” and replaces references to “provider” with “developer” throughout
the bill.
• Removes “audio” from the definition of “synthetic content.”
• Clarifies the definition of “social media platform.”
• Clarifies that a generative artificial intelligence developer must make available a
provenance application tool only when the content is generated or modified using the
developer’s generative artificial intelligence tool.
• Clarifies that a generative artificial intelligence developer must apply provenance data in
a manner that is technically feasible and reasonable, given the accepted state of the art,
as reflected in commonly used industry standards.
• Provides that the provisions of the bill do not apply to any product, service, internet
website, or application that exclusively provides video game experiences.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 369 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative McFarland offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 27-97 and insert:
6 (c) "Generative artificial intelligence developer" means
7 an organization that develops a generative artificial
8 intelligence tool that is publicly available.
9 (d) "Generative artificial intelligence tool" means a
10 product or feature that provides the outputs from a generative
11 artificial intelligence model to end users.
12 (e) "Provenance application tool" means a tool or online
13 service that allows users to apply provenance data.
14 (f) "Provenance data" means information about the origin
15 of digital content and the history of modifications to such
16 content in a format that is compliant with widely adopted
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 369 (2025)
Amendment No. 1
17 guidelines or specifications promulgated by an established
18 standard-setting body. Provenance data must indicate whether
19 some or all of the content is synthetic content. If there is
20 synthetic content, the provenance data must identify the name of
21 the generative artificial intelligence developer whose
22 generative artificial intelligence tool generated the synthetic
23 data. Provenance data shall not include any personally
24 identifying information or unique device, system, or service
25 information that is reasonably capable of being associated with
26 a particular user, unless directed by the user.
27 (g) "Provenance reader" means a tool or service that
28 allows users to view provenance data.
29 (h) "Social media platform" means an online forum,
30 website, or application that allows users to upload content or
31 view content or activity of other users. The term does not
32 include:
33 1. An online service, website, or application where the
34 exclusive function is e-mail or direct messaging consisting of
35 text, photographs, pictures, images, or videos shared only
36 between the sender and the recipients, without displaying or
37 posting publicly to other users not specifically identified as
38 the recipients by the sender; or
39 2. An online service, website, or application that
40 consists primarily of news, sports, entertainment, or other
41 information or content that is preselected by the provider, and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 369 (2025)
Amendment No. 1
42 for which any chat, comments, or interactive functionality is
43 incidental to, directly related to, or dependent on the
44 provision of the content; or,
45 3. An online service, application, or website that is used
46 for providing or obtaining technical support.
47 (i) "Synthetic content" means any visual content that has
48 been produced or modified by a generative artificial
49 intelligence tool.
50 (2) A generative artificial intelligence developer shall:
51 (a) Make available a provenance application tool that
52 enables the user to apply provenance data, either directly or
53 through the use of third-party technology, to content that has
54 been generated or modified to include synthetic content when
55 such content is generated or modified using the developer’s
56 generative artificial intelligence tool; or
57 (b) Apply provenance data, in a manner that is technically
58 feasible and reasonable, given the accepted state of the art, as
59 reflected in commonly used industry standards, either directly
60 or through the use of third-party technology, to content that
61 has been generated or modified to include synthetic content.
62 (3) A generative artificial intelligence developer subject
63 to the requirements of subsection (2) shall also make available
64 to the public for free, either directly or through the use of
65 third-party technology, a provenance reader.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 369 (2025)
Amendment No. 1
66 (4) A social media platform must retain all available
67 provenance data of content uploaded to or posted on such
68 platform, and make available to the users of the platform such
69 provenance data in a readable format directly or through a
70 conspicuous indicator that allows a user to access the
71 provenance data or both. This requirement does not apply in
72 cases of the user's removal of provenance data.
73 (5) A violation of this section constitutes an unfair or
74 deceptive act or practice as specified in s. 501.204 and shall
75 be exclusively enforced in a civil action by the Attorney
76 General. The Department of Legal Affairs must notify the
77 generative artificial intelligence developer or the social media
78 platform of any suspected violation and allow the developer or
79 platform 30 calendar days to cure the alleged violation before
80 initiating enforcement action. This section does not create a
81 private right of action.
82 (6) This section does not apply to any product, service,
83 internet website, or application that exclusively provides video
84 game experiences.
85
86 -----------------------------------------------------
87 T I T L E A M E N D M E N T
88 Remove lines 4-11 and insert:
89 requiring certain artificial intelligence developers
90 to make provenance data available through specified
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 369 (2025)
Amendment No. 1
91 options; requiring such developers to make provenance
92 readers available in a specified manner; requiring
93 certain social media platforms to retain and make
94 available certain provenance data; providing
95 applicability; providing that a violation constitutes
96 an unfair or deceptive act or practice; providing
97 exclusions; providing an
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CS/CS/HB 381
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 381 COMPANION BILL: CS/CS/CS/SB 784 (Ingoglia)
TITLE: Platting LINKED BILLS: None
SPONSOR(S): Holcomb RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
16 Y, 0 N, As CS 16 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill requires counties and municipalities to review and approve preliminary plat or replat submissions
administratively, conduct a review for compliance with recording requirements with 15 days of receipt, and make a
final determination within 30 business days.
The bill requires the local governing body responsible for reviewing and approving a plat to issue street and
mailing addresses, along with individual parcel identification numbers, within 20 business days after a final plat
has been recorded. If the local governing body fails to issue addresses or parcel identification numbers within the
required timeframe, the local governing body must reduce the addressing fee by 10 percent for each business day it
has failed to issue the information.
Fiscal or Economic Impact:
The bill may have an indeterminate negative fiscal impact on local governments to the extent those governments
must issue refunds for addressing fees. The bill may have a positive fiscal impact on plat applicants to the extent
those applicants may receive refunds and may benefit from faster approval of preliminary plats.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires a county or municipality to review and approve plat or replat submissions administratively. The
designee of the local government must review the submission for compliance with recording requirements within
15 days of receipt. If the review determines the submission is not in compliance, he or she must provide written
comments to the applicant within the 15-day period. The submittal must ultimately be approved, approved with
conditions, or denied within 30 working days, unless the applicant requests an extension in writing and the
governing body of the local government approves. The bill prohibits a local government from requesting or
requiring an applicant to file for an extension of time. (Section 1).
The bill requires a local governing body responsible for reviewing and approving a plat to issue the street and
mailing address, along with the individual parcel identification number within 20 business days after a final plat is
recorded by the circuit court clerk or other recording officer. The bill imposes a penalty on a local governing body
that fails to comply with the 20 business day deadline by requiring the local governing body to reduce the
addressing fee 10 percent for each business day the local government fails to issue the street address, mailing
address, and parcel identification number. (Section 2).
The effective date of the bill is July 1, 2025. (Section 3).
STORAGE NAME: h0381d.COM
DATE: 4/11/2025
1
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on local governments to the extent those governments
must issue refunds for addressing fees.
PRIVATE SECTOR:
The bill may have a positive fiscal impact on plat applicants to the extent those applicants may receive refunds and
may benefit from faster approval of preliminary plats.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Platting
A “plat” is a map or detailed representation of the subdivision of lands, providing a complete and precise depiction
of the subdivision, along with other information that complies with all applicable state requirements and local
ordinances.1 Platting ensures that when subdividing property into lots, all streets, alleys, easements, rights-of-way,
public areas, utilities, and sewer and stormwater improvements are identified.2
While state laws provide the minimum requirements for the platting of lands, local governments may adopt
additional requirements.3 Prior to approval by the appropriate governing body, the plat must be reviewed for
conformity with state and local law and sealed by a professional surveyor and mapper who is either employed by
or under contract to the local governing body.4
Before a plat is offered for recording with the clerk of the circuit court, it must be approved by the appropriate
governing body, and evidence of such approval must be placed on the plat. If not approved, the governing body
must return the plat to the professional surveyor and mapper or the legal entity offering the plat for recordation.5
The authority for plat approval is designated as follows:
When the plat to be submitted for approval is located wholly within the boundaries of a municipality, the
governing body of the municipality has exclusive jurisdiction to approve the plat.
When a plat lies wholly within the unincorporated areas of a county, the governing body of the county has
exclusive jurisdiction to approve the plat.
When a plat lies within the boundaries of more than one governing body, two plats must be prepared and each
governing body has exclusive jurisdiction to approve the plat within its boundaries, unless the governing bodies
having said jurisdiction agree that one plat is mutually acceptable.6
Every plat of a subdivision offered for recording must have certain information, including providing:
The name of the plat in bold legible letters, and the name of the subdivision, professional surveyor and
mapper or legal entity, and street and mailing address on each sheet.
The section, township, and range immediately under the name of the plat on each sheet included, along
with the name of the city, town, village, county, and state in which the land being platted is situated.
The dedications and approvals by the surveyor and mapper and local governing body, and the circuit court
clerk’s certificate and the professional surveyor and mapper’s seal and statement.
1 S. 177.031(14), F.S.
2 S. 177.091, F.S.; LakelandLaw.com, (May 28, 2020), https://www.lakelandlaw.com/the-basics-of-platting-property/ (last
visited Apr. 11, 2025).
3 S. 177.011, F.S.
4 S. 177.081(1), F.S.
5 S. 177.071(1), F.S.
6 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
All section lines and quarter section lines occurring within the subdivision. If the description is by metes
and bounds, all information called for, such as the point of commencement, course bearings and distances,
and the point of beginning. If the platted lands are in a land grant or are not included in the subdivision of
government surveys, then the boundaries are to be defined by metes and bounds and courses.
Location, width, and names of all streets, waterways, or other rights-of-way.
Location and width of proposed easements and existing easements identified in the title opinion or
property information report must be shown on the plat or in the notes or legend, and their intended use.
All lots numbered either by progressive numbers or, if in blocks, progressively numbered in each block,
and the blocks progressively numbered or lettered, except that blocks in numbered additions bearing the
same name may be numbered consecutively throughout the several additions.
Sufficient survey data to positively describe the bounds of every lot, block, street easement, and all other
areas shown on the plat.
Designated park and recreation parcels.
All interior excepted parcels clearly indicated and labeled “Not a part of this plat.”
The purpose of all areas dedicated clearly indicated or stated on the plat.
That all platted utility easements must provide that such easements are also easements for the
construction, installation, maintenance, and operation of cable television services; provided, however, no
such construction, installation, maintenance, and operation of cable television services interferes with the
facilities and services of an electric, telephone, gas, or other public utility.7
Many local governments have a process to approve a preliminary plat before approving a final plat, and once a
preliminary plat is approved, a developer may be allowed to commence construction before the plat is approved.
Generally, a preliminary plat is a technical, graphic representation of a proposed development, including plans for
streets, utilities, drainage, easements, and lot lines, for a proposed subdivision. If a preliminary plat is required, it is
generally a prerequisite for a final plat approval and the submission of any property improvement plans or permit
applications.8 For example, the City of Jacksonville, the Village of Royal Palm Beach, and the City of Tallahassee
allow for a preliminary plat approval process.9
The fee to have a plat approved differs between local governments. For instance:
The city of Orlando charges either $1,200 or $3,000, depending on the type of plat being submitted.10
Madison County charges either $1500, $1700, or $2000, depending on whether it is a preliminary or final
plat and whether improvements are required; additionally, Madison County charges a $50 fee per lot, along
with consultant fees.11
Once a final plat is approved, it is submitted to the clerk of the circuit court for recording.12
Address Assignment
While the procedures for obtaining an address differ between local governments, they typically require the
submission of an application form, a survey map, proof of ownership, and compliance with local zoning
regulations.13 Similarly, the timeframes and fees for obtaining an address vary depending on the jurisdiction. For
instance:
Leon County takes 45 days to issue a new address and street name, with a fee of $156.00.14
Bay County takes five to seven business days, with a fee of $55.00.15
7 S. 177.091, F.S.
8 See e.g., City of Zephyrhills Code of Ordinances Art. XI, Part 11.03.00, s. 11.03.02.01.
9 Jacksonville, Fla., Code § 654.109 (2025), City of Jacksonville Code of Ordinances s. 654-109; Royal Palm Beach, Fla., Code §
22-22 (2025) Village of Royal Palm Beach Code of Ordinances s. 22-22, Tallahassee, Fla., Code § 9-92 (2025), City of
Tallahassee Code of Ordinances s. 9-92.
10 City of Orlando, Fees—Commercial Development, Fees—Commercial Development (last visited Apr. 11, 2025).
11 Madison County, Planning & Zoning Fees, Madison County Resolution No. 2016-09-14-A. (last visited Apr. 11, 2025).
12 S. 177.073(1)(b), F.S.
13 Land Buyers, How to Get an Address for Land in Florida: A Detailed Guide (last visited Apr. 11, 2025).
14 Leon County, Leon County AP&P Operating Guidelines (last visited Apr. 11, 2025).
15 Bay County, Address Numbering (last visited Apr. 11, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Orange County, for a single-family residence, takes three business days, with a fee of $20.00.16
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N, As CS 3/18/2025 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE Established a 20-business-day deadline, rather than a two-week
COMMITTEE: deadline, for local governments to issue a certain information.
Replaced “building permit fee” with “addressing fee.”
Intergovernmental Affairs 16 Y, 0 N, As CS 4/1/2025 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE Required counties and municipalities to review and approve
COMMITTEE: preliminary plat or replat submissions administratively and provided
timelines for approval.
Commerce Committee Hamon Rodriguez
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
16 Orange County, Address Assignment (last visited Apr. 11, 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/CS/HB 381 2025
1 A bill to be entitled
2 An act relating to platting; amending s. 177.071,
3 F.S.; requiring that preliminary plat or replat
4 submittals be reviewed and approved administratively
5 by a designee or designees of the appropriate local
6 governing body; requiring such designee or designees
7 to review such plat or replat submittal for compliance
8 within a specified timeframe; requiring that written
9 comments be provided to the applicant if the plat or
10 replat submittal fails to meet specified requirements;
11 requiring that the plat or replat submittal be
12 approved, approved with conditions, or denied within a
13 specified timeframe; providing an exception;
14 prohibiting certain entities from requesting or
15 requiring an applicant to file a written extension of
16 time; creating s. 177.1115, F.S.; requiring the
17 appropriate governing body to issue, within a
18 specified time after recordation of a plat, certain
19 information; providing a penalty; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsections (1) and (2) of section 177.071,
25 Florida Statutes, are renumbered as subsections (2) and (3),
Page 1 of 3
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hb381-02-c2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 381 2025
26 respectively, and subsection (1) is added to that section, to
27 read:
28 177.071 Approval of plat by governing bodies.—
29 (1) Preliminary plat or replat submittals shall be
30 reviewed and approved administratively by a designee or
31 designees of the appropriate local governing body. Within 15
32 days after receipt of a plat or replat submittal, the designee
33 or designees of the appropriate local governing body shall
34 review the plat or replat submittal for compliance with s.
35 177.091. If it is determined that such plat or replat submittal
36 fails to meet the requirements of s. 177.091, written comments
37 specifying the areas of noncompliance must be provided to the
38 applicant within the 15-day review period. The plat or replat
39 submittal must be approved, approved with conditions, or denied
40 within 30 working days from the date that the plat or replat is
41 submitted, unless a written extension of this timeframe is
42 requested by the applicant and approved by the governing body.
43 An official, employee, agent, or designee of the governing body
44 may not request or require the applicant to file a written
45 extension of time.
46 Section 2. Section 177.1115, Florida Statutes, is created
47 to read:
48 177.1115 Issuance of address and individual parcel
49 identification numbers after plat recordation; penalty.—
50 (1) Within 20 business days after the recordation of a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 381 2025
51 plat by the circuit court clerk or other recording officer, the
52 appropriate governing body shall issue the street and mailing
53 address, along with the individual parcel identification
54 numbers, as contained in the plat offered for recording pursuant
55 to s. 177.091.
56 (2) If the appropriate governing body does not issue the
57 street and mailing address, along with the individual parcel
58 identification numbers, within the 20-business-day period in
59 subsection (1), the addressing fee shall be reduced by 10
60 percent for each business day that the body fails to issue such
61 information.
62 Section 3. This act shall take effect July 1, 2025.
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hb381-02-c2
COMMERCE COMMITTEE
HB 381 by Rep. Holcomb
Relating to Platting
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Holcomb (Lines 28-45):
• Requires a plat or replat to be administratively approved if it complies with the requirements
of s. 177.091, F.S.
• Defines the term “administrative authority.”
• Provides timeframes within which the administrative authority must: provide written notice to
the applicant acknowledging receipt of the plat or replat submittal and identifying any
missing documents or information necessary to process the plat or replat submittal; and
approve, approve with conditions, or deny the plat or replat submittal.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 381 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Holcomb offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 28-45 and insert:
6 177.071 Administrative approval of plats plat by
7 designated county or municipal official governing bodies.—
8 (1)(a) A plat or replat submitted under this part must be
9 administratively approved and no further action or approval by
10 the governing body of a county or municipality is required if
11 the plat or replat complies with the requirements of s. 177.091.
12 The governing body of the county or municipality shall
13 designate, by ordinance or resolution, an administrative
14 authority to receive, review, and process the plat or replat
15 submittal, including designating an administrative official
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 381 (2025)
Amendment No. 1
16 responsible for approving, approving with conditions, or denying
17 the proposed plat or replat.
18 (b) As used in this section, the term "administrative
19 authority" means a department, division, or other agency of the
20 county or municipality. For purposes of issuing a final
21 administrative approval of a plat or replat submittal, the term
22 also includes an administrative officer or employee designated
23 by the governing body of a county or municipality, including but
24 not limited to, a county administrator or manager, a city
25 manager, a deputy county administrator or manager, a deputy city
26 manager, an assistant county administrator or manager, an
27 assistant city manager, or other high-ranking county or city
28 department or division director with direct or indirect
29 oversight responsibility for the county's or municipality's land
30 development, housing, utilities, or public works programs.
31 (2) Within 10 business days after receipt of a plat or
32 replat submittal, the administrative authority shall provide
33 written notice to the applicant acknowledging receipt of the
34 plat or replat submittal and identifying any missing documents
35 or information necessary to process the plat or replat submittal
36 for compliance with s. 177.091. The written notice must also
37 provide information regarding the plat or replat approval
38 process, including requirements regarding the completeness of
39 the process and applicable timeframes for reviewing, approving,
40 and otherwise processing the plat or replat submittal.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 381 (2025)
Amendment No. 1
41 (3) Unless the applicant requests an extension of time,
42 the administrative authority shall approve, approve with
43 conditions, or deny the plat or replat submittal within the
44 timeframe identified in the written notice provided to the
45 applicant under subsection (2). If the administrative authority
46 does not approve the plat or replat, it must notify the
47 applicant in writing of the reasons for declining to approve the
48 submittal. The written notice must identify all areas of
49 noncompliance and include specific citations to each requirement
50 the plat or replat submittal fails to meet. The administrative
51 authority, or an official, an employee, an agent, or a designee
52 of the governing body, may not request or require the applicant
53 to file a written extension of time.
54 (4)(1) Before a plat or replat is offered for recording,
55 it must be administratively approved as required by this section
56 by the appropriate governing body, and evidence of such approval
57 must be placed on the plat or replat. If not approved, the
58 governing body must return the plat or replat to the
59 professional surveyor and mapper or the legal entity offering
60 the plat or replat for recordation. For the purposes of this
61 part:
62 (a) When the plat or replat to be submitted for approval
63 is located wholly within the boundaries of a municipality, the
64 governing body of the municipality has exclusive jurisdiction to
65 approve the plat or replat.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 381 (2025)
Amendment No. 1
66 (b) When a plat or replat lies wholly within the
67 unincorporated areas of a county, the governing body of the
68 county has exclusive jurisdiction to approve the plat or replat.
69 (c) When a plat or replat lies within the boundaries of
70 more than one county, municipality, or both governing body, two
71 plats or replats must be prepared and each county or
72 municipality governing body has exclusive jurisdiction to
73 approve the plat or replat within its boundaries, unless each
74 county or municipality with jurisdiction over the plat or replat
75 agrees the governing bodies having said jurisdiction agree that
76 one plat is mutually acceptable.
77 (5)(2) Any provision in a county charter, or in an
78 ordinance of any charter county or consolidated government
79 chartered under s. 6(e), Art. VIII of the State Constitution,
80 which provision is inconsistent with anything contained in this
81 section shall prevail in such charter county or consolidated
82 government to the extent of any such inconsistency.
83 Section 2. Section 177.111, Florida Statutes, is amended
84 to read:
85 177.111 Instructions for filing plats plat.—After the
86 approval by the appropriate administrative authority governing
87 body required by s. 177.071, the plat or replat must shall be
88 recorded by the circuit court clerk or other recording officer
89 upon submission thereto of such approved plat or replat. The
90 circuit court clerk or other recording officer shall maintain in
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 381 (2025)
Amendment No. 1
91 his or her office a book of the proper size for such papers so
92 that they will shall not be folded, to be kept in the vault. A
93 print or photographic copy must be filed in a similar book and
94 kept in his or her office for the use of the public. The clerk
95 shall make available to the public a full size copy of the
96 record plat or replat at a reasonable fee.
97
98 -----------------------------------------------------
99 T I T L E A M E N D M E N T
100 Remove lines 3-20 and insert:
101 F.S.; requiring that certain plat or replat submittals
102 be administratively approved with no further action by
103 certain entities under certain circumstances;
104 requiring the governing body of such county or
105 municipality to designate an administrative authority
106 to receive, review, and process plat or replat
107 submittals; providing requirements for such
108 designation; defining the term "administrative
109 authority"; requiring the administrative authority to
110 submit a certain notice to an applicant; providing
111 requirements for such notice; requiring the
112 administrative authority to approve, approve with
113 conditions, or deny a plat or replat submittal in
114 accordance with the timeframe in the initial written
115 notice to the applicant; requiring the administrative
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 381 (2025)
Amendment No. 1
116 authority to notify the applicant in writing if it
117 declines to approve a plat or replat submittal;
118 requiring that the written notification contain the
119 reasons for denial and other information; prohibiting
120 the administrative authority or other official,
121 employee, agent, or designee from requesting or
122 requiring that the applicant request an extension of
123 time; amending s. 177.111, F.S.; conforming provisions
124 to changes made by the act; providing an effective
125 date.
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CS/CS/HB 393
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 393 COMPANION BILL: CS/CS/SB 592 (Leek)
TITLE: My Safe Florida Condominium Pilot Program LINKED BILLS: None
SPONSOR(S): Lopez, V., Hunschofsky RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Budget Commerce
16 Y, 0 N, As CS 25 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill:
Amends the definition of “condominium” under the My Safe Florida Condominium Pilot Program (Program)
to exclude detached units on individual parcels of land;
Prohibits a condominium association from applying for an inspection or grant unless the association has
complied with the milestone inspection requirements and structural integrity reserve requirements;
Prohibits a condominium association from applying for an inspection or grant unless the windows of the
association property or condominium property are established as common elements;
Provides that only 75 percent of unit owners, rather than 100 percent of unit owners, must approve the
application for the grant;
Clarifies that all grants under the Program must be matched on the basis of $1 provided by the
condominium association for every $2 provided by the state towards the actual cost of the project;
Revises the amount that may be funded for roof-related and “opening protection-related” projects (which
include projects related to exterior doors, garage doors, windows, and skylights);
Revises the roof improvements that are eligible for funding.
Fiscal or Economic Impact:
The Fiscal Year 2024-2025 General Appropriations Act (GAA) provided $30 million in nonrecurring general
revenue for the Program. The proposed House GAA for Fiscal Year 2025-2026, reverts and re-appropriates the
unexpended balance of funds, which would be available to fund the Program.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
My Safe Florida Condominium Pilot Program
The bill makes changes to the My Safe Florida Condominium Pilot Program (Program).
The bill amends the definition of “condominium” to exclude detached units on individual parcels of land. The bill
limits participation to structures or buildings on the condominium property which are three or more stories in
height, and that each structure or building that is subject to grant funding must contain at least two single-family
dwellings. (Section 1.)
The bill prohibits a condominium association from applying for an inspection or grant under the Program unless
the association has complied with the milestone inspection requirements under s. 553.899, F.S., and the structural
integrity reserve study requirements under s. 718.112(2)(g) and (h), F.S. (Section 1.)
STORAGE NAME: h0393d.COM
DATE: 4/11/2025
1
The bill also prohibits a condominium association from applying for an inspection or grant unless the windows of
the association property or condominium property are established as common elements in the declaration.
(Section 1.)
The bill requires the approval of at least 75 percent of all unit owners who reside within a structure or building
that is the subject of a mitigation grant, rather than approval of 100 percent of the unit owners. This requirement
replaces the current requirement to obtain unanimous approval. (Section 1.)
Grant Awards: Funding and Maximums
The bill clarifies that all grants under the Program must be matched on the basis of $1 provided by an association
for $2 provided by the state toward the actual cost of a project. (Section 1.)
The bill eliminates the restrictions that limit grant contributions for a roof-related project to $11 per square foot
multiplied by the square footage of the replacement roof, not to exceed $1,000 per unit, with a maximum grant
award of 50 percent of the cost of the project. For opening protection-related projects, the bill eliminates the
limitation on grant contributions to a maximum grant award of $750 per replacement window or door, not to
exceed $1,500 per unit, with a maximum grant award of 50 percent of the cost of the project. (Section 1.)
The bill specifies that grant funding may only be awarded for mitigation improvements that result in a mitigation
credit, discount, or other rate differential for the building or structure that the improvement is made. To receive a
grant, mitigation improvements must be made to all openings, including exterior doors, garage doors, windows,
and skylights. (Section 1.)
The maximum total grant award for all roof and opening protection-related projects is $175,000 per association.
(Section 1.)
Improvements
The bill specifies that, when recommended by a hurricane mitigation inspection report, a grant for an eligible
association may be used for the following roof improvements:
Reinforcing roof-to-wall connections.
Improving the strength of roof-deck attachments.
Installing secondary water resistance for the roof.
Replacing the roof-covering. (Section 1.)
The bill requires improvements to be identified in the final hurricane mitigation inspection in order for an
association to receive grant funds. The bill removes the ability of eligible associations to use grants for a previously
inspected existing structure on association property or condominium property. (Section 1.)
The bill becomes effective upon becoming a law. (Section 2.)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Fiscal Year 2024-2025 General Appropriations Act (GAA) provided $30 million in nonrecurring general
revenue for the My Safe Florida Condominium Pilot Program ($27,636,000 for grants; $600,000 for inspections;
and $1,764,000 for operations and administration).1 Presently, $29.6 million remains unspent due to the Program
requirements. The proposed House GAA for Fiscal Year 2025-2026, reverts and re-appropriates the unexpended
balance of the Program’s appropriation, which would be available to fund the Program, if the proposed House GAA
becomes law. A request for a formal agency analysis was submitted to DFS on February 14, 2025.
1 Specific Appropriations 2375A, 2375B, and 2375C of the General Appropriations Act, ch. 2024-231, L.O.F.
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2
PRIVATE SECTOR:
The bill limits which condominium associations may participate in the Program, but provides more flexibility to
condominium associations that participate in the Program.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
My Safe Florida Condominium Pilot Program
The Legislature created the My Safe Florida Condominium Pilot Program (Program) within the Department of
Financial Services (DFS) in 2024.2 The Program received a nonrecurring appropriation of $30 million from the
General Revenue Fund.3 The Program provides to condominium associations a program similar to that of the My
Safe Florida Home Program for single-family, detached residential properties and townhomes.4 Implementation of
the Program is subject to annual legislative appropriations.5
The Program supports eligible condominium associations by providing free inspections and grant funding for wind
mitigation improvements, which may have the added benefit of lowering wind insurance premiums. The Program
is limited to condominiums6 located in the “service area,” which is the area of the state within 15 miles inward of a
coastline.7
In its first report on the Program, DFS issued the following findings:
Tidal Basin was selected to run the Program on August 1, 2024.
The International Association of Certified Home Inspectors was selected on November 12, 2024, as the
inspection company to conduct the inspections.
Tidal Basin launched the Program’s online portal and allowed associations to begin completing applications
for inspections, but not grants, on November 14, 2024.
The online application portal opened on November 14, 2024, and closed on November 19, 2024, due to the
sufficiency of applications.
174 requests for inspections were received; 165 requests were approved.
The approval of grant awards depends on, and is waiting for, the completion of inspections.8
Condominium Associations and Unit Owners
To apply for an inspection of association or condominium property under the Program, the association must
receive approval by a majority vote of the board or a majority vote of the total voting interests of the association.9
To apply for a grant which improves one or unit units within a condominium, the association must receive both of
the following:
2 Chapter 2024-108, L.O.F.
3 Specific Appropriations 2375A, 2375B, and 2375C of the General Appropriations Act, ch. 2024-231, L.O.F. ($27,636,000 for
grants; $600,000 for inspections; and $1,764,000 for operations and administration).
4 See s. 215.5586, F.S.
5 Id.
6 For purposes of the Program, “condominium” is currently defined as that form of ownership of real property created
pursuant to the Florida Condominium Act, ch. 718, F.S., which is comprised entirely of units that may be owned by one or more
persons, and in which there is, appurtenant to each unit, an undivided share in common elements. Ss. 215.55871(1)(d) and
718.103(12), F.S.
7 “Coastline” means the line of mean low water along the portion of the coast that is in direct contact with the open sea and the
line marking the seaward limit of inland waters, as determined under the Convention on Territorial Seas and the Contiguous
Zone, 15 U.S.T. (Pt. 2) 1606. S. 376.031(4)
8 Email from Morgan Husbands, Deputy Director of Policy, Department of Financial Services, RE: My Safe Florida Condominium
Pilot Activities Report (Jan. 30, 2025).
9 S. 215.55871(2)(a), F.S.
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3
Approval by a majority vote of the board, or a majority vote of the total voting interests of the association,
to participate in a mitigation grant; and
A unanimous vote of all unit owners within the structure or building that is the subject of the mitigation
grant.10
Associations may vote to participate in the Program at an annual meeting or a unit owner meeting called for that
purpose.11 The association must provide unit owners with clear disclosure of the Program prior to taking a vote on
the issue.12 The president and treasurer of the board are required to sign the disclosure form indicating a copy of
the disclosure form was provided to each unit owner.13
Hurricane Mitigation Inspectors
Only a licensed inspector may perform inspections of a condominium property under the Program.14 The licensed
inspector must determine the mitigation measures that are needed, the insurance premium discounts that may be
available, and identify which improvements may be taken to mitigate hurricane damage.15 DFS must contract with
wind certification entities to provide the inspections.16 Eligible wind certification entities must, at a minimum:
Use inspectors who are licensed or certified as:
o A building inspector under s. 468.607, F.S.;17
o A general, building, or residential contractor under s. 489.111, F.S.;18
o A professional engineer under s. 471.015, F.S.;19
o A professional architect under s. 481.213, F.S.;20 or
o A home inspector under s. 468.8314, F.S.,21 who has completed at least three hours of hurricane
mitigation training approved by the Construction Industry Licensing Board,22 which must include
hurricane mitigation techniques, compliance with the uniform mitigation verification form, and
completion of a proficiency exam;
Use inspectors who have undergone drug testing and a background screening that includes submission and
processing of fingerprints; and
Provide a quality assurance program, including a reinspection component.23
Hurricane Mitigation Inspections
Hurricane mitigation inspections provided to a condominium association, must, at a minimum, include:
An inspection of the property, and a report that summarizes the results of the inspection and identifies
recommended improvements the association may take to mitigate hurricane damage;
A range of cost estimates regarding the recommended mitigation improvements; and
10 S. 215.55871(2)(b), F.S.
11 S. 215.55871(2)(d), F.S.
12 Id.
13 Id.
14 S. 215.55871(3), F.S.
15 S. 215.55871(3)(a), F.S.
16 S. 215.55871(3)(b), F.S.
17 Section 468.607, F.S., relates to certification of building code administration and inspection personnel.
18 Section 489.111, F.S., relates to licensure by examination for certain contractors, including, but not limited to, residential
contractors, building contractors, air-conditioning contractors, and swimming pool servicing contractors.
19 Section 471.015, F.S., relates to licensure of engineers.
20 Section 481.213, F.S., relates to licensure of architects and interior designers.
21 Section 468.8314, F.S., relates to licensure of home inspectors.
22 The Construction Industry Licensing Board, housed within the Department of Business and Professional Regulation, is
responsible for licensing and regulating the construction industry in Florida. See Department of Business and Professional
Regulation, Construction Industry, https://www2.myfloridalicense.com/construction-industry/ (last visited Mar. 19, 2025).
See also s. 489.107, F.S.
23 S. 215.5587(3)(b), F.S.
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4
Information regarding estimated insurance premium discounts, correlated to the current mitigation
features and the recommended mitigation improvements identified by the inspection.24
An application for an inspection must contain a signed or electronically verified statement, made under penalty of
perjury by a board’s president, that the association has submitted only a single application for each property that
the association operates or maintains.25 An association may apply for and receive an inspection without also
applying for a grant.26
Mitigation Grants
Grants must be used by associations to make improvements recommended by an inspection which increases the
condominium property’s resistance to hurricane damage.27 An application for a grant must:
Contain a signed or electronically verified statement made under penalty of perjury by the president of the
board that the association has submitted only a single application for each property that the association
operates or maintains;
Include a notarized statement from the president that contains the name and license number of the
contractor it intends to use for the mitigation project; and
Include a notarized statement from the president which commits to DFS that the association will complete
the mitigation improvements. If the grant will be used to improve units, the application must also include
an acknowledged statement from each unit owner who is required to provide approval for a grant.28
An association may select its own contractor for the mitigation project as long as the contractor meets all
qualification, certification, or licensing requirements under current law.29 A mitigation project must be performed
by a properly licensed contractor who has secured all local permits required for the project.30 DFS must
electronically verify that the contractor’s state license number is accurate and up to date before approving a grant
application.31
All grants must be matched on the basis of $1 provided by the association for two dollars provided by the state.32
An association may receive grant funds for both roof-related and opening protection-related projects, but the total
grant award may not exceed $175,000 per association.33 The maximum grant contributions are as follows:
For roof-related projects, $11 per square foot multiplied by the square footage of the replacement roof, not
to exceed $1,000 per unit, with a maximum grant award of 50 percent of the cost of the project.
For opening protection-related34 projects, $750 per replacement window or door, not to exceed $1,500 per
unit, with a maximum grant award of 50 percent of the cost of the project.35
An association awarded a grant must complete the entire mitigation project in order to receive the final grant
award, and must agree to make the property available for a final inspection once the mitigation project is
completed.36 The mitigation project must be completed in a manner consistent with the intent of the Program and
must meet or exceed applicable Florida Building Code requirements.37 The association must submit a request to
24 S. 215.55871(4)(a), F.S.
25 S. 215.55871(4)(b), F.S.
26 S. 215.55871(4)(c), F.S.
27 S. 215.55871(5), F.S.
28 S. 215.55871(5)(a), F.S.
29 S. 215.55871(5)(b), F.S.
30 Id.
31 Id.
32 S. 215.55871(5)(d)1., F.S.
33 S. 215.55871(5)(d)4., F.S.
34 Opening protection includes exterior doors, garage doors, windows, and skylights. S. 215.55871(5)(3)1., F.S.
35 S. 215.55871(5)(d)2.-3., F.S.
36 S. 215.55871(5)(c), F.S.
37 Id.
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5
DFS for a final inspection, or request an extension of time, within one year after receiving grant approval;
otherwise the application is deemed abandoned and the grant money reverts back to DFS.38
When recommended by a hurricane mitigation inspection report, grants may be used for the following
improvements:
Opening protection, including exterior doors, garage doors, windows, and skylights;
Reinforcing roof-to-wall connections;
Improving the strength of roof-deck attachments; and
Secondary water barrier for roof.39
If improvements to protect the property which complied with the current applicable building code at the time have
been previously installed, the association must use a mitigation grant to install improvements that do both of the
following:
Comply with or exceed the applicable building code in effect at the time the association applied for the
grant; and
Provide more protection than the improvements that the association previously installed.40
The association may not use a mitigation grant to:
Install the same type of improvements that were previously installed; or
Pay a deductible for a pending insurance claim for damage that is part of the property for which grant
funds are being received.41
Contract Management
DFS is charged with developing a process that ensures the most efficient means to collect and verify eligibility for
grant applications, and may direct hurricane mitigation inspectors to collect and verify grant application
information or use the internet or other electronic means to collect information and determine eligibility.42 DFS
may contract with third parties for grant management, inspection services, contractor services, information
technology, educational outreach, and auditing services.43 Such contracts are:
Considered direct costs of the Program and are not subject to administrative cost limits.44
Must be with providers that have a demonstrated record of successful business operations in areas directly
related to the services to be provided and must ensure the highest accountability for use of state funds.45
DFS is required to implement a quality assurance and reinspection program that determines whether initial
inspections and mitigation improvements are completed in a manner consistent with the intent of the Program.46
DFS may use a valid random sampling in order to perform the quality assurance portion of the Program.47
Reports
By February 1 of each year, DFS must submit a report to the President of the Senate and the Speaker of the House
of Representatives on the activities of the Program and the use of state funds.48 The report must include:
The number of inspections requested;
The number of inspections performed;
38 Id.
39 S. 215.55871(5)(e), F.S.
40 S. 215.55871(5)(g)1., F.S.
41 S. 215.55871(5)(g)2., F.S.
42 S. 215.55871(5)(h), F.S.
43 S. 215.55871(6)(a), F.S.
44 Id.
45 Id.
46 S. 215.55871(6)(b), F.S.
47 Id.
48 S. 215.55871(7), F.S.
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6
The number of grant applications received;
The number of grants approved and the monetary value of each grant;
The estimated average annual amount of insurance premium discounts each association received and the
total estimated annual amount of insurance premium discounts received by all associations participating in
the Program; and
The estimated average annual amount of insurance premium discounts each unit owner received as a
result of the improvements to the building or structure.49
Milestone Inspections
Residential condominium buildings that are three or four stories or more in height, as determined by the Florida
Building Code, are required to have a milestone inspection by December 31 of the year in which the building
reaches 30 years of age. However, if a building reaches 30 years of age before July 1, 2022, the initial milestone
inspection must be performed before December 31, 2024. If a building reaches 30 years of age on or after July 1,
2022, and before December 31, 2024, the building’s milestone inspection must be performed before December 31,
2025. The local enforcement agency will provide written notice of the required inspection to the association.50 This
requirement does not apply to a single-family, two-family, or three-family dwelling with three or fewer habitable
stories above ground.51
Structural Integrity Reserve Studies
A reserve study is a budget-planning tool for condominium associations. Generally, a reserve study consists of the
following two parts: physical analysis and financial analysis.52
Under Florida law, "structural integrity reserve study" (SIRS) means a study of the reserve funds required for
future major repairs and replacement of the common areas based on a visual inspection of the common areas. A
SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of
the SIRS must be performed or verified by a:
Licensed engineer;
Licensed architect; or
Person certified as a reserve specialist or professional reserve analyst by the Community Associations
Institute or the Association of Professional Reserve Analysts.53
At a minimum, a SIRS must:
Identify each item of the condominium property being visually inspected;
State the estimated remaining useful life and the estimated replacement cost or deferred maintenance
expense of each item of the condominium property being visually inspected; and
Provide a reserve funding schedule with a recommended annual reserve amount that achieves the
estimated replacement cost or deferred maintenance expense of each item of condominium property being
visually inspected by the end of the estimated remaining useful life of the item.54
The SIRS may recommend for any item for which an estimate of useful life and an estimate of replacement cost
cannot be determined or with an estimated remaining useful life of greater than 25 years:
That reserves do not need to be maintained; or
49 Id.
50 S. 553.899(3), F.S.
51 S. 553.899(4), F.S.
52 Cedar Management Group, HOA Reserve Study: Why Does Your Community Need It?,
https://cedarmanagementgroup.com/hoa-reserve-study-community/#what (last visited Mar. 5, 2025); Kevin Leonard and
Robert Nordlund, Understanding Reserves: A guide to your association’s reserve fund & reserve study, 26-29 (1st ed. 2021);
Community Associations Institute, National Reserve Study Standards, https://www.reservestudy.com/wp-
content/uploads/2019/01/NRSS-998-CAI-version-updated-2016.pdf (last visited Mar. 5, 2025).
53 S. 718.112(2)(g)2., F.S.
54 S. 718.112(2)(g)3., F.S.
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7
A deferred maintenance expense amount for such item. 55
A condominium or cooperative must have a SIRS completed at least every 10 years after the condominium's or
cooperative’s creation for each building on the condominium or cooperative property that is three stories or
higher in height which includes, at a minimum, a study of the following items as related to the structural integrity
and safety of the building:
Roof.
Structure, including load-bearing walls and other primary structural members and primary structural
systems.
Fireproofing and fire protection systems.
Plumbing.
Electrical systems.
Waterproofing and exterior painting.
Windows and exterior doors.
Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the
failure to replace or maintain such item negatively affects the items listed above as determined by the
licensed engineer or architect performing the visual inspection portion of the structural integrity reserve
study.56
The SIRS requirements do not apply to:
Buildings less than three stories in height;
Single-family, two-family, or three-family dwellings with three or fewer habitable stories above ground;
Any portion or component of a building that has not been submitted to the condominium form of
ownership; or
Any portion or component of a building that is maintained by a party other than the association.57
Condominium or cooperative associations existing on or before July 1, 2022, which are controlled by unit owners
other than the developer, must have a SIRS completed by December 31, 2024, for each building on the
condominium or cooperative property that is three stories or higher in height. However, an association that is
required to complete a milestone inspection on or before December 31, 2026, may complete the SIRS
simultaneously with the milestone inspection. In no event may the SIRS be completed after December 31, 2026.58
If a condominium or cooperative association willfully and knowingly fails to complete a SIRS, such failure is a
breach of an officer's and director's fiduciary relationship to the unit owners.59
Reserves
Every condominium and cooperative association must have a budget that sets forth the proposed expenditure of
funds for the maintenance, management, and operation of the association. The budget is adopted for a 12-month
period reflecting an association’s fiscal year, and it must provide a detailed listing of the estimated revenues and
expenses that the association reasonably projects for the coming fiscal year. The annual budget is made up of two
parts, the part covering the regular operations of the association and the part covering the cost for capital expenses
and deferred maintenance (reserves).60
Reserves are funds that are set aside for capital expenses and deferred maintenance. Reserves provide funds for
major capital repairs or replacements that are needed intermittently such as replacing a roof. The reserves are
designed to ensure that an association will have the funds when the repairs are needed and will not have to do a
55 Id.
56 S. 718.112(2)(g)1., F.S.
57 S. 718.112(2)(g)4., F.S.
58 S. 718.112(2)(g)6., F.S.
59 S. 718.112(2)(g)8., F.S.
60 S. 718.112(2)(f), F.S.
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8
large special assessment.61 The amount of funds that must be placed in reserve is determined by the condominium
or cooperative association’s most recent SIRS.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/CS/HB Lopez, V., Hunschofsky DiCeglie Approved by Governor.
1029 Created the My Safe Florida
Condominium Pilot Program.
OTHER RESOURCES:
My Safe Florida Condominium Pilot Program
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N, As CS 3/25/2025 Curtin Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE Prohibited associations that have failed to comply with the milestone
COMMITTEE: inspection or SIRS requirements from participating in the Program.
Made the replacement of roof coverings eligible for funding; and
Required all improvements to be identified in the final hurricane
mitigation inspection in order to receive grant funds.
Budget Committee 25 Y, 0 N, As CS 4/2/2025 Pridgeon Perez
THE CHANGES ADOPTED BY THE Limits participation in the pilot program to structures or buildings on
COMMITTEE: the condominium property that are three or more stories, and must
contain at least two single-family dwellings.
Requires grant funding only be awarded for mitigation improvements
that will result in a mitigation credit, discount, or other rate differential
for the building or structure that the improvements are made.
Mitigation improvements must be made to all openings (exterior doors,
garage doors, windows, and skylights) to receive a grant.
Commerce Committee Hamon Fletcher
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
61 Id.
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9
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 393 2025
1 A bill to be entitled
2 An act relating to the My Safe Florida Condominium
3 Pilot Program; amending s. 215.55871, F.S.; revising
4 the definition of the term "condominium"; limiting
5 participation in the My Safe Florida Condominium Pilot
6 Program to certain structures and buildings on
7 condominium property; prohibiting a condominium
8 association from applying for a hurricane mitigation
9 inspection or a mitigation grant under the pilot
10 program unless certain association property or
11 condominium property is established as a common
12 element and the association has complied with
13 specified requirements; revising the approval
14 requirements to receive a mitigation grant; removing
15 the amount of grant funding for certain projects;
16 revising the improvements for which a mitigation grant
17 may be used; requiring improvements to be identified
18 in the final hurricane mitigation inspection in order
19 for an association to receive grant funds; requiring
20 grant funds to be awarded for a mitigation improvement
21 that will result in a mitigation credit, discount, or
22 other rate differential; requiring mitigation
23 improvements to be made to all openings under certain
24 circumstances; providing an effective date.
25
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CS/CS/HB 393 2025
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraphs (a) through (d) of subsection (2) of
29 section 215.55871, Florida Statutes, are redesignated as
30 paragraphs (b) through (e), respectively, paragraph (d) of
31 subsection (1), present paragraphs (a) and (b) of subsection
32 (2), and paragraphs (a) and (d) through (h) of subsection (5)
33 are amended, and a new paragraph (a) is added to subsection (2)
34 and paragraph (j) is added to subsection (5) of that section, to
35 read:
36 215.55871 My Safe Florida Condominium Pilot Program.—There
37 is established within the Department of Financial Services the
38 My Safe Florida Condominium Pilot Program to be implemented
39 pursuant to appropriations. The department shall provide fiscal
40 accountability, contract management, and strategic leadership
41 for the pilot program, consistent with this section. This
42 section does not create an entitlement for associations or unit
43 owners or obligate the state in any way to fund the inspection
44 or retrofitting of condominiums in the state. Implementation of
45 this pilot program is subject to annual legislative
46 appropriations. It is the intent of the Legislature that the My
47 Safe Florida Condominium Pilot Program provide licensed
48 inspectors to perform inspections for and grants to eligible
49 associations as funding allows.
50 (1) DEFINITIONS.—As used in this section, the term:
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CS/CS/HB 393 2025
51 (d) "Condominium" has the same meaning as in s. 718.103.
52 For purposes of this section, the term does not include detached
53 units on individual parcels of land.
54 (2) PARTICIPATION.—
55 (a) Participation in the pilot program is limited to
56 structures or buildings on the condominium property which are
57 three or more stories in height, provided that each structure or
58 building that is the subject of a mitigation grant contains at
59 least two single-family dwellings.
60 (b)(a) In order to apply for an inspection under
61 subsection (4) or a grant under subsection (5) for association
62 property or condominium property, an association must receive
63 approval by a majority vote of the board of administration or a
64 majority vote of the total voting interests of the association
65 to participate in the pilot program. An association may not
66 apply for an inspection under subsection (4) or a grant under
67 subsection (5) for association property or condominium property
68 unless the windows of the association property or condominium
69 property are established as common elements in the declaration
70 and the association has complied with the inspection
71 requirements in ss. 553.899 and 718.112(2)(g) and (h).
72 (c)(b) In order to apply for a grant under subsection (5)
73 which improves one or more units within a condominium, an
74 association must receive both of the following:
75 1. Approval by a majority vote of the board of
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76 administration or a majority vote of the total voting interests
77 of the association to participate in a mitigation inspection.
78 2. Approval by at least 75 percent A unanimous vote of all
79 unit owners who reside within the structure or building that is
80 the subject of the mitigation grant.
81 (5) MITIGATION GRANTS.—Financial grants may be used by
82 associations to make improvements recommended in a hurricane
83 mitigation inspection report which increase the condominium's
84 resistance to hurricane damage.
85 (a) An application for a mitigation grant must:
86 1. Contain a signed or electronically verified statement
87 made under penalty of perjury by the president of the board of
88 administration that the association has submitted only a single
89 application for each property that the association operates or
90 maintains.
91 2. Include a notarized statement from the president of the
92 board of administration containing the name and license number
93 of each contractor the association intends to use for the
94 mitigation project.
95 3. Include a notarized statement from the president of the
96 board of administration which commits to the department that the
97 association will complete the mitigation improvements. If the
98 grant will be used to improve units, the application must also
99 include an acknowledged statement from each unit owner who is
100 required to provide approval for a grant under paragraph (2)(c)
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CS/CS/HB 393 2025
101 (2)(b).
102 (d) Grant projects shall be funded as follows:
103 1. All grants must be matched on the basis of $1 provided
104 by the association for $2 provided by the state toward the
105 actual cost of the project.
106 2. For roof-related projects, the grant contribution is
107 $11 per square foot multiplied by the square footage of the
108 replacement roof, not to exceed $1,000 per unit, with a maximum
109 grant award of 50 percent of the cost of the project.
110 3. For opening protection-related projects, the grant
111 contribution is a maximum of $750 per replacement window or
112 door, not to exceed $1,500 per unit, with a maximum grant award
113 of 50 percent of the cost of the project.
114 2.4. An association may receive grant funds for both roof-
115 related and opening protection-related projects, but the maximum
116 total grant award may not exceed $175,000 per association.
117 3.5. The department may not accept grant applications or
118 maintain a waiting list for grants after the cumulative value of
119 the grants awarded have fully obligated the appropriation,
120 unless otherwise expressly authorized by the Legislature.
121 (e) When recommended by a hurricane mitigation inspection
122 report, grants for eligible associations may be used for the
123 following improvements:
124 1. Opening protection improvements, including all of the
125 following:
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CS/CS/HB 393 2025
126 a. Exterior doors.,
127 b. Garage doors.,
128 c. Windows., and
129 d. Skylights.
130 2. Roof improvements, including all of the following:
131 a.2. Reinforcing roof-to-wall connections.
132 b.3. Improving the strength of roof-deck attachments.
133 c.4. Installing secondary water resistance for the roof.
134 d. Replacing the roof covering.
135 (f) Improvements must be identified in the final hurricane
136 mitigation inspection in order for an association to receive
137 grant funds Grants may be used for a previously inspected
138 existing structure on the property.
139 (g)1. If improvements to protect the property that which
140 complied with the current applicable building code at the time
141 have been previously installed, the association must use a
142 mitigation grant to install improvements that do both of the
143 following:
144 1.a. Comply with or exceed the applicable building code in
145 effect at the time the association applied for the grant.
146 2.b. Provide more hurricane protection than the
147 improvements that the association previously installed.
148 (h)2. The association may not use a mitigation grant to:
149 1.a. Install the same type of improvements that were
150 previously installed; or
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CS/CS/HB 393 2025
151 2.b. Pay a deductible for a pending insurance claim for
152 damage that is part of the property for which grant funds are
153 being received.
154 (i)(h) The department shall develop a process that ensures
155 the most efficient means to collect and verify inspection and
156 grant applications to determine eligibility. The department may
157 direct hurricane mitigation inspectors to collect and verify
158 inspection and grant application information or use the Internet
159 or other electronic means to collect information and determine
160 eligibility.
161 (j) Grant funds may only be awarded for a mitigation
162 improvement that will result in a mitigation credit, discount,
163 or other rate differential for the building or structure to
164 which the improvement is made. As a condition of awarding a
165 grant, the department must require mitigation improvements to be
166 made to all openings, including exterior doors, garage doors,
167 windows, and skylights, if doing so is necessary for the
168 building or structure to qualify for a mitigation credit,
169 discount, or other rate differential.
170 Section 2. This act shall take effect upon becoming a law.
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hb393-02-c2
CS/HB 411
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 411 COMPANION BILL: SB 488 (DiCeglie)
TITLE: Affordable Property Ad Valorem Tax Exemption LINKED BILLS: None
for Leased Land RELATED BILLS: None
SPONSOR(S): Chaney
Committee References
Ways & Means Housing, Agriculture & Tourism Commerce
17 Y, 0 N, As CS 16 Y, 0 N
SUMMARY
Effect of the Bill:
The bill expands the existing ad valorem (property tax) exemption for nonprofit charities found in s.
-
I196.1978(1)(b), F.S. The exemption will now apply to nonprofit charities that lease land used for affordable
housing from a housing finance authority, and then sublease the property for 99 years for the purpose of providing
affordable housing, rather than requiring the nonprofit to own the property directly.
The bill provides emergency rulemaking authority to the Department of Revenue to implement the provisions of
the bill.
The bill is effective January 1, 2026, and first applies to the 2026 tax roll.
Fiscal or Economic Impact:
The Revenue Estimating Conference estimated that the bill will have an insignificant negative impact on local
government revenue.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Unless otherwise exempted, all property in Florida is subject to ad valorem taxes imposed by local governments in
accordance with the Florida Constitution and Florida Statutes. The bill modifies an exemption for charitable use of
property for affordable housing (the “nonprofit land lease exemption”) in s. 196.1978(1)(b), F.S., which provides
an exemption for nonprofit corporations which:
Are 501(C)(3) charities,
Own land that they lease to natural persons or families for 99 years to provide affordable housing to
persons meeting income limitations set in statute for extremely-low income, very-low-income, low income,
or moderate-income persons.
The exemption will now also apply to a nonprofit, 501(c)(3) charity that leases land used for affordable housing
from a housing finance authority, and then subleases such property for 99 years for the purpose of providing
affordable housing to persons within the restricted income limitations. (Section 1) Allowing the exemption for a
charity that does not own the property outright, but instead leases it from a housing finance authority, may expand
the pool of charities that can use this exemption.
The bill provides emergency rulemaking authority to the Department of Revenue to implement the provisions of
the bill. (Section 2)
The bill is effective January 1, 2026 (Section 4), and first applies to the 2026 tax roll (Section 3).
RULEMAKING:
STORAGE NAME: h0411d.COM
DATE: 4/11/2025
1
The bill provides the Department of Revenue with emergency rulemaking authority to implement the provisions of
the bill. (Section 2)
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 Revenue Estimating Conference has estimated that this bill will have no impact on state revenues.
LOCAL GOVERNMENT:
The Revenue Estimating Conference has estimated that this bill will have an insignificant negative impact on local
government revenue.1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Ad Valorem Taxation
The Florida Constitution reserves to local governments the authority to levy ad valorem taxes on real and tangible
personal property.2 Ad valorem taxes are levied annually by counties, cities, school districts, and some special
districts based on the value of real and tangible personal property as of January 1 of each year.3 The Florida
Constitution requires that all property be assessed at just value for ad valorem tax purposes,4 and provides for
specified assessment limitations, property classifications, and exemptions.5 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.6
Ad Valorem Exemption for Literary, Scientific, Religious, or Charitable Organizations
The Florida Constitution allows the Legislature to exempt from ad valorem taxation portions of property that are
used predominantly for educational, literary, scientific, religious, or charitable purposes.7 The Legislature has
implemented these exemptions and set forth criteria to determine whether property is entitled to an exemption.8
To determine whether a property’s use qualifies for an education, literary, scientific, religious, or charitable
exemption, the property appraiser must consider the nature and extent of the qualifying activity compared to other
activities or other uses of the property.9
1 Revenue Estimating Conference workpapers for HB 411 (2025), adopted February 14, 2025, available at
https://edr.state.fl.us/Content/conferences/revenueimpact/archives/2025/_pdf/page27.pdf (last visited Apr. 11, 2025).
2 Art. VII, ss. 1(a), 9(a), Fla. Const.
3 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.
4 Art. VII, s. 4, Fla. Const.
5 Art. VII, ss. 3, 4, and 6, Fla. Const.
6 S. 196.031, F.S.
7 Art. VII, s. 3(a), Fla. Const.
8 S. 196.196, F.S.
9 S. 196.196(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Incidental use of property for an exempt purpose does not qualify the property for an exemption nor does the
incidental use of the property for a non-exempt purpose impair an exemption.10
Property claimed as exempt which is used for profitmaking purposes is not exempt and is subject to ad valorem
taxation; however, the Legislature has allowed certain property to remain exempt even when used for
profitmaking purposes when the use of the property does not require a business or occupational license and the
revenue derived from the profitmaking activity is used wholly for exempt purposes, and with respect to certain
affordable housing provisions.11
Nonprofit Land Lease Exemption
In 2023, the Legislature amended s. 196.1978(1), F.S., to create an exemption in new paragraph (1)(b) for land
owned entirely by a nonprofit corporation that is a 501(c)(3) charity which is leased for at least 99 years for the
purpose of, and is predominantly used for, providing affordable housing for extremely-low-, very-low-, low-, or
moderate-income persons or families.12
In order to receive this exemption, the improvements on the land being used for affordable housing purposes must
encompass more than half the square footage of all improvements on the land.13 This exemption first applied to the
2024 tax roll and is repealed on December 31, 2059.14
Income Limitations for Affordable Housing Purposes
Florida statutes lay out separate income thresholds for different levels of affordable housing.15 These thresholds
are all based on the “adjusted gross income” of a household, which includes all wages, assets, contributions, and
gifts earned by or made to a household, adjusted for family size, less deductions allowable under the definition of
“adjusted gross income”16 for federal tax purposes.17
The most common categories used for affordable housing are:
Extremely-low-income:18 total annual household income does not exceed 30 percent of the median annual
adjusted gross income for households within the state.
Very-low-income:19 total annual household income does not exceed 50 percent of the median annual
adjusted gross income for households within the greatest of: the state, the metropolitan area where the
household resides, or, if not within a metropolitan area, then within the county in which the person or
family resides.
Low income:20 total annual household income does not exceed 80 percent of the median annual adjusted
gross income for households within the greatest of: the state, the metropolitan area where the household
resides, or, if not within a metropolitan area, then within the county in which the person or family resides.
10 S. 196.196(2), F.S. See also Underhill v. Edwards, 400 So.2d 129, 132 (Fla. 5th DCA 1981) (The district court found that
trustees of a private not-for profit hospital were not entitled to an exemption on the new wing's first floor, which was used for
a private purpose and not for a charitable purpose or other exempt purpose, despite the fact that the portion of the hospital
used for a non-exempt purpose represented only a very small percentage of the otherwise exempt property) and Central
Baptist Church of Miami, Florida Incorporated v. Dade County, Florida, et. al., 216 So.2d 4, 6 (Fla. 1968) (Florida Supreme Court
found that “limited part time rental of a portion of the church lot for commercial parking on weekday business hours is
reasonably incidental to the primary use of the church property as a whole for church or religious purposes and is not a
sufficiently divergent commercial use that eliminates the exemption as to the commercial parking lot portion of the property.”)
11 See s. 196.196(4), F.S. and s. 196.1978(3), F.S., e.g.
12 Section 8 of chapter 2023-17, L.O.F.
13 Section 196.1978(1)(b), F.S.
14 Id.
15 Section 420.0004(3), F.S.
16 26 U.S.C. s. 62
17 Section 420.004(2), F.S.
18 Section 420.004(9), F.S.
19 Section 420.004(17), F.S.
20 Section 420.004(11), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Moderate income:21 total annual household income does not exceed 120 percent of the median annual
adjusted gross income for households within the greatest of: the state, the metropolitan area where the
household resides, or, if not within a metropolitan area, then within the county in which the person or
family resides.
Housing Finance Authorities
The Florida Housing Finance Authority Act (Act)22 was enacted in 1978 in response to shortages both of affordable
housing and capital for investment in such housing.23 The Act would encourage “investment by private enterprise
and (stimulate) construction and rehabilitation of housing through the use of public financing and…low cost
loans…”24 in part by authorizing local governments to issue obligations the interest on which would be exempt
from federal income taxation.25 Counties are authorized to create by ordinance a “Housing Finance Authority”
(HFA) to carry out the powers under the Act.26
Currently, there are 24 HFAs27 registered with the Special District Accountability Program28 in the Department of
Commerce. Each HFA is composed of a board of at least 5 members appointed by the governing body of the county
to serve 4-year terms.29 A majority of the members must be knowledgeable in the field of labor, finance, or
commerce.30 In addition to the usual authority of a public body corporate and politic,31 each HFA is authorized to:
Acquire and own real and personal property under specific conditions;32
Purchase, commit to purchase, make, or otherwise transact in mortgage loans and accompanying
promissory notes for the construction, purchase, reconstruction, or rehabilitation of qualified property;
however, sales proceeds must be reinvested in mortgage loans;33
Issue bonds to raise capital for qualified housing and development;34
Lend funds to lending institutions under terms requiring the proceeds be used for making new mortgages
for housing developments qualifying under the statute as affordable housing;35
Make loans directly to eligible persons who otherwise cannot borrow from conventional lending services,
such loans to be secured by mortgages on qualified property;36
Loan funds to not for profit corporations to develop affordable housing;37 and
Own, maintain, operate, control, and capitalize a savings and loan association with the limited purpose to
provide low cost loans and related services for eligible persons to obtain affordable housing.38
21 Section 420.004(12), F.S.
22 Ch. 78-89, s. 1, Laws of Fla., codified at ch. 159, Part IV, F.S.
23 Section 159.602(1), F.S.
24 Section 159.602(2), F.S.
25 Section 159.602(4), F.S.
26 Section 159.604(1), F.S.
27 The following counties have active HFAs: Alachua, Brevard, Broward, Collier, Duval (Jacksonville), Escambia, Clay,
Hillsborough, Lee, Leon, Manatee, Marion, Miami-Dade, Nassau, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, St. Johns, St.
Lucie, Santa Rosa, Volusia. Florida Commerce, Customized List of Special Districts, Available at
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList; running a report for “Housing Finance” (last visited Apr.
11, 2025).
28 Information about the accountability program is available at https://www.floridajobs.org/community-planning-and-
development/special-districts/special-district-accountability-program (last visited Apr. 11, 2025).
29 Section 159.605(1), F.S.
30 Id.
31 Including the power to sue and be sued, to enter into contracts and execute instruments necessary to the exercise of its
powers, to receive and deposit funds. See s. 159.608, F.S.
32 Section 159.608(2), F.S., which requires that “no less than 50 percent of the units owned by a housing finance authority shall
benefit very-low-income families or low-income families.”
33 Section 159.608(3), F.S.
34 Section 159.608(4), F.S.
35 Section 159.608(5), F.S.
36 Section 159.608(6), F.S.
37 Section 159.608(10)(a), F.S.
38 Section 159.608(9), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
It appears at least one HFA in Florida currently supports affordable housing through long term leases to nonprofit
entities that sublease affordable housing projects to low income families. 39
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/SB 102 Busatta Calatayud Became law July 1, 2023;
relevant provision was
effective January 1, 2024.
OTHER RESOURCES:
Florida’s Affordable Housing Property Tax Exemptions (Florida Housing Finance Corporation Publication)
Affordable Housing Property Exemption – Nonprofit Land Lease (Department of Revenue Publication)
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 17 Y, 0 N, As CS Aldridge Berg
THE CHANGES ADOPTED BY THE Added emergency rulemaking authority for the Department of
COMMITTEE: Revenue,
Clarified that changes made by the bill apply to the 2026 tax roll, and
Changed the effective date of the bill from July 1, 2025, to January 1,
2026.
Housing, Agriculture & Tourism 16 Y, 0 N 3/25/2025 Curtin Rodriguez
Subcommittee
Commerce Committee Hamon Rodriguez
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
39 See, e.g.
Staff Report re: Affordable Housing development by Habitat for Humanity of Pinellas County from February 25,
2025, available at: https://pinellas.legistar.com/ViewReport.ashx?M=R&N=Text&GID=532&ID=6077086&GUID=5FCC7875-
5E0A-4E71-AAFD-AB95B7EE565E&Title=Staff+Report (last visited Apr. 11, 2025) and Meeting Minutes of Housing Finance
Authority of Pinellas County from June 1, 2022, providing for, inter alia, an amendment to a ground lease from the HFA to
Habitat for Humanity, available at https://pinellas.gov/wp-content/uploads/2022/12/6.1.22-HFA-Agenda-Minutes.pdf (last
visited Apr. 11, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 411 2025
1 A bill to be entitled
2 An act relating to affordable property ad valorem tax
3 exemption for leased land; amending s. 196.1978, F.S.;
4 authorizing certain leased land to qualify for a
5 specified ad valorem tax exemption; authorizing the
6 Department of Revenue to adopt emergency rules;
7 providing applicability; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (b) of subsection (1) of section
12 196.1978, Florida Statutes, is amended to read:
13 196.1978 Affordable housing property exemption.—
14 (1)
15 (b) Land that is owned entirely , or is leased from a
16 Housing Finance Authority pursuant to part IV of chapter 159, by
17 a nonprofit entity that is a corporation not for profit,
18 qualified as charitable under s. 501(c)(3) of the Internal
19 Revenue Code and in compliance with Rev. Proc. 96-32, 1996-1
20 C.B. 717, and is leased for a minimum of 99 years for the
21 purpose of, and is predominantly used for, providing housing to
22 natural persons or families meeting the extremely-low-income,
23 very-low-income, low-income, or moderate-income limits specified
24 in s. 420.0004 is exempt from ad valorem taxation. For purposes
25 of this paragraph, land is predominantly used for qualifying
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hb411-01-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 411 2025
26 purposes if the square footage of the improvements on the land
27 used to provide qualifying housing is greater than 50 percent of
28 the square footage of all improvements on the land. This
29 paragraph first applies to the 2024 tax roll and is repealed
30 December 31, 2059.
31 Section 2. The Department of Revenue may, and all
32 conditions are deemed met to, adopt emergency rules pursuant to
33 s. 120.54(4), Florida Statutes, for the purpose of implementing
34 s. 196.1978(1)(b), Florida Statutes, as amended by this act.
35 Notwithstanding any other law, emergency rules adopted pursuant
36 to this section are effective for 6 months after adoption and
37 may be renewed during the pendency of procedures to adopt
38 permanent rules addressing the subject of the emergency rules.
39 Section 3. The amendment to s. 196.1978, Florida Statutes,
40 made by this act first applies to the 2026 tax roll.
41 Section 4. This act shall take effect January 1, 2026.
Page 2 of 2
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hb411-01-c1
CS/HB 429
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 429 COMPANION BILL: CS/SB 1820 (Leek)
TITLE: Motor Vehicle Manufacturers and Franchised LINKED BILLS: None
Motor Vehicle Dealers RELATED BILLS: None
SPONSOR(S): Yeager
Committee References
Industries & Professional Civil Justice & Claims Commerce
Activities 12 Y, 0 N
15 Y, 1 N, As CS
SUMMARY
Effect of the Bill:
The bill revises provisions of the Florida Motor Vehicle Dealership Act (Act), which governs the licensure of, and
contractual relationship between, motor vehicle dealers and motor vehicle manufacturers, distributors, importers,
and their common entities (licensees). Specifically, the bill revises provisions relating to a licensee’s use of criteria
for measuring a franchised motor vehicle dealer’s sales or service performance; prohibits licensees from engaging
in certain conduct as retaliation against a motor vehicle dealer for specified acts; and revises provisions governing
discontinuations, cancellations, non-renewals, modifications, and replacements of franchise agreements.
Fiscal or Economic Impact:
The bill may have a positive economic impact on franchised motor vehicle dealers in the state.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises provisions of the Florida Automobile Dealership Act (Act) related to the licensure of, and
contractual agreements between, motor vehicle dealers and motor vehicle manufacturers, distributors, and
importers (applicants or licensees).
Measuring Sales or Service Performance
The bill adds a “common entity” to the list of persons prohibited from using criteria to measure the sales or service
performance of a franchised motor vehicle dealer which have a material or adverse effect on any motor vehicle
dealer and which:
Are unfair, unreasonable, arbitrary, or inequitable; or
Do not include all relevant and material local and regional criteria, data, and facts. (Section 1)
Further, under the bill, an applicant, licensee, or common entity thereof may not implement or enforce criteria for
measuring the sales or service performance of any of its franchised motor vehicle dealers in Florida without, before
implementation or enforcement, providing a written description to each such franchised motor vehicle dealer
providing, in detail, how the performance measurement criteria were designed, calculated, established and
uniformly applied. (Section 1)
Retaliatory Actions
The bill prohibits an applicant, licensee, or common entity thereof from engaging in any action, or implementing
any policy, standard, rule, practice, or program, as retaliation against a franchised motor vehicle dealer because the
dealer:
Invoked any right pursuant to the motor vehicle franchise law;
STORAGE NAME: h0429d.COM
DATE: 4/11/2025
1
Asserted that the applicant, licensee, or common entity thereof acted in a manner that violates the motor
vehicle franchise law; or
Testified, assisted, or participated in any manner in an investigation, proceeding, or hearing that may
directly affect the applicant, licensee, or common entity thereof. (Section 1)
Discontinuing, Canceling, Nonrenewing, Modifying, or Replacing Franchise Agreements
The bill clarifies the conditions by which a discontinuation, cancellation, or non-renewal of a motor vehicle
franchise agreement may be determined to be unfair. Specifically, under the bill, such an action is unfair unless all
of the following apply:
It is clearly permitted by the franchise agreement;
It is undertaken in good faith;
It is undertaken for a good cause;
It is based on the motor vehicle dealer’s breach of the franchise agreement which is in fact a material and
substantial breach, but not if the action in question applies to all same line-make franchised motor vehicle
dealers and is otherwise permitted by law; and
The grounds relied upon for such an action have not been applied in a uniform and consistent manner by
the licensee. (Section 2)
Similarly, the bill clarifies the conditions by which a modification or replacement of a motor vehicle franchise
agreement may be determined to be unfair. Specifically, under the bill, such an action is unfair unless all of the
following apply:
It is clearly permitted by the franchise agreement;
It is undertaken in good faith; and
It is undertaken for good cause. (Section 2)
Effective Date
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive economic impact on franchised motor vehicle dealers in the state as it protects their
current business model.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Automobile Dealership Act
The Florida Automobile Dealership Act (Act),1 governs the licensure of, and contractual relationship (franchise
agreements2) between, motor vehicle manufacturers,3 distributors,4 and importers,5 and provides substantial
1 Ch. 70-424, Laws of Fla., codified in ch. 320, F.S.
2 “Franchise agreement” means a contract, franchise, new motor vehicle franchise, sales and service agreement, or dealer
agreement or any other terminology used to describe the contractual relationship between a manufacturer, factory branch,
distributor, or importer, and a motor vehicle dealer, pursuant to which the motor vehicle dealer is authorized to transact
business pertaining to motor vehicles of a particular line-make. “Line-make vehicles,” in turn, means motor vehicles which are
offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer of
same (such as Ford, General Motors, or Honda). However, motor vehicles sold or leased under multiple brand names or marks
constitute a single line-make when they are included in a single franchise agreement, and every motor vehicle dealer in this
state authorized to sell or lease any such vehicles has been offered the right to sell or lease all of the multiple brand names or
marks covered by the single franchise agreement. S. 320.60(1) and (14), F.S.
3 “Motor vehicle manufacturer” means any person, whether a resident or non-resident of this state, who manufactures or
assembles motor vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment
which, when installed, form an integral part of the motor vehicle and which constitute a major manufacturing alteration. This
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
protections for motor vehicle dealers.6 The Division of Motor Vehicles (Division) within the Department of
Highway Safety and Motor Vehicles (DHSMV) administers and enforces the Act, which generally specifies:
Motor vehicle manufacturers, distributors, and importers (applicants or licensees) must be licensed under
the Act to engage in business in Florida, and the conditions and situations under which the DHSMV may
deny, suspend, or revoke such licenses;
The requirements for licensees wishing to discontinue, cancel, modify, or otherwise replace a franchise
agreement with a dealer, and the conditions under which the DHSMV may deny such a request;
The procedures licensees must follow to add a franchised dealership in an area already served by a
franchised dealer, the protest process, and the DHSMV’s role in such circumstances;
The damages assessable against a licensee who violates the Act; and
The DHSMV’s authority to adopt rules to implement the Act.7
Common Entity
Under the Act, the term "common entity," refers to a person:
Who is directly or indirectly controlled by, or has more than 30 percent of its equity interest directly or
indirectly owned by, a manufacturer, importer, distributor, or licensee, or an affiliate thereof; or
Who has more than 30 percent of its equity interest directly or indirectly controlled or owned by one or
more persons who also directly or indirectly control or own more than 30 percent of the equity interests of
a manufacturer, an importer, a distributor, or a licensee, or an affiliate thereof.8
Measuring Sales or Service Performance
The Act prohibits applicants or licensees from establishing, implementing, or enforcing criteria for measuring the
sales or service performance of any of their franchised motor vehicle dealers in this state which have a material or
adverse effect on any motor vehicle dealer and which are unfair, unreasonable, arbitrary, or inequitable, or do not
include all relevant and material local and regional criteria, data, and facts.9 Under the Act, an applicant, licensee, or
common entity thereof which enforces against any motor vehicle dealer any sales or service performance
measurement criteria must, upon the request of the motor vehicle dealer, describe in a detailed writing to the
motor vehicle dealer how the criteria used were designed, calculated, established, and uniformly applied.10
Discontinuing, Canceling, Nonrenewing, Modifying, or Replacing Franchise Agreements
Under the Act, an applicant or licensee must give written notice to the motor vehicle dealer and the DHSMV of the
licensee’s intention to discontinue, cancel, or fail to renew a franchise agreement, or of the licensee’s intention to
modify a franchise or replace a franchise with a succeeding franchise, which modification or replacement will
adversely alter a motor vehicle dealer’s rights or obligations under an existing franchise agreement or will
substantially impair the motor vehicle dealer’s sales, service obligations, or investment, at least 90 days before the
effective date of any such action.11 The Act then authorizes a motor vehicle dealer who receives such a notice of
intent to discontinue, cancel, not renew, modify, or replace a franchise agreement to, within the 90-day notice
term includes a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, it
distributes its products. S. 320.60(9), F.S.
4 “Distributor” means a person, resident or nonresident, who, in whole or in part, sells or distributes motor vehicles to motor
vehicle dealers or who maintains distributor representatives. S. 320.60(5), F.S.
5 “Importers” means a person who imports vehicles from a foreign country into the United States or into Florida for the
purpose of sale or lease. S. 320.60(7), F.S.
6 “Motor vehicle dealer” means any person, firm, company, corporation, or entity who holds a license under s. 32.27, F.S., as a
“franchised motor vehicle dealer” and, for commission, money, or other things of value, repairs or services motor vehicles
pursuant to a franchise agreement; sells, exchanges, buys, leases or rents, or offers, or attempts to negotiate a sale or exchange
of any interest in, motor vehicles; or is engaged wholly or in part in the business of selling motor vehicles, whether or not such
motor vehicles are owned by such person, firm, company, or corporation. Further, any person who repairs or services three or
more motor vehicles; buys, sells, or deals in three or more motor vehicles in any 12-month period; or offers or displays for sale
three or more motor vehicles is presumed to be a motor vehicle dealer, with exceptions. S. 32.60(11), F.S.
7 S. 320.011, F.S.; ss. 320.60-320.70, F.S.
8 S. 320.60(2)(a), F.S.
9 S. 320.64(42)(a), F.S.
10 Id.
11 S. 320.641(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
period, file a petition or complaint for a determination of whether such action is unfair or prohibited and gives the
applicant or licensee the burden of proof as to whether any such action is fair and not prohibited.12
Under the act, a modification or replacement is unfair if it is not clearly permitted by the franchise agreement; is
not undertaken in good faith; or is not undertaken for good cause, while a discontinuation, cancellation, or non-
renewal is unfair if it is not:
Clearly permitted by the franchise agreement;
Undertaken in good faith;
Undertaken for good cause;
Based on a material and substantial breach of the franchise agreement; or
Based on grounds applied uniformly.13
Further, the Act guarantees a new motor vehicle dealer at least 180 days to correct an alleged failure of the motor
vehicle dealer’s sales or service performance obligations under the applicable franchise agreement before an
applicant or licensee may send a notice of discontinuation, cancellation, or nonrenewal.14
Complaints and Conduct of Inquiry
The act requires the DHSMV to conduct an inquiry of a licensee relating to any written complaint alleging a
violation of any provision of ss. 320.61-320.70, F.S., made by any of the following entities:
A motor vehicle dealer with a current franchise agreement issued by the licensee; or
A motor vehicle dealer association with at least one member with a current franchise agreement issued by
the licensee.15
Such an inquiry must be commenced within 30 days after receipt of the written complaint, and the DHSMV may
allow the subject licensee no more than 60 days after the inquiry’s commencement to provide a written response.
Within 30 days after the written response deadline, the DHSMV must provide a written response to the
complainant stating whether the DHSMV intends to act against the licensee and, if so, what action it intends to take.
If, as a result of the inquiry, the DHSMV determines that a licensee has violated any provision of ss. 320.61-320.70,
F.S., the DHSMV must take appropriate action against the licensee, which may include:
License suspension or revocation;
Denial of a license renewal action;
Assessment, imposition, levy, and collection of an appropriate civil fine; or
Instituting a civil action for issuance of an injunction pursuant to s. 320.695, F.S.
Injunctions
Under the Act, the DHSMV, or any motor vehicle dealer in the name of the DHSMV and the state and for the use and
benefit of the motor vehicle dealer, may generally apply to any circuit court of the state for a temporary or
permanent injunction16 restraining any person from doing the following:17
Acting as a licensee under the Act without being properly licensed;
Violating or continuing to violate the Act; or
Failing or refusing to comply with the requirements of s. 320.695, F.S., or any rule or regulation adopted
thereunder.
The Act requires that such injunctions be issued without bond, and specifies that a single violation of the Act is
sufficient to authorize the issuance of an injunction.18 However, this statutory remedy is not applicable to any
12 Id.
13 S. 320.641(3), F.S.
14 Id.
15 S. 320.67, F.S.
16 An “injunction” is a court order requiring a person to do or cease doing a specific action. Legal Information Institute,
Injunction, https://www.law.cornell.edu/wex/injunction (last visited Apr. 3, 2025).
17 S. 320.695, F.S.
18 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
motor vehicle dealer after final determination by the DHSMV to discontinue, cancel, not renew, modify, or replace a
franchise agreement.19
Administrative Hearings and Adjudications
A motor vehicle dealer, or a person with entitlements to or in a motor vehicle dealer, who is directly and adversely
affected by the actions or conduct of an applicant or licensee, which actions or conduct allegedly violate the Act,
may seek a declaration and adjudication of its rights by filing with the DHSMV either a: 20
Request for an administrative hearing under ch. 120, F.S.; or
Written objection or notice of protest as prescribed by the Act.
If a written objection or notice of protest is filed with the DHSMV, a hearing must occur no sooner than 180 days, or
later than 240 days, from the date of the filing of the first written objection or notice of protest, unless the time is
extended by the administrative law judge for good cause shown.21
Motor Vehicle Dealer Association Standing
On May 3, 2022, the First District Court of Appeal affirmed a decision by the DHSMV that the Florida Automobile
Dealers Association (FADA) lacked standing to challenge a licensee’s alleged violations of the Act.22 Specifically, the
court held that, even though FADA’s members are motor vehicle dealers, FADA lacked standing because:
It is not itself a motor vehicle dealer or other statutorily-authorized person or entity that may bring such a
challenge; and
Was not directly and negatively impacted by the licensee’s actions or conduct.23
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/CS/HB 637 Shoaf Avila Became law on July 1, 2023.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 15 Y, 1 N, As CS 3/12/2025 Anstead Thompson
Subcommittee
THE CHANGES ADOPTED BY THE Revised provisions in the bill relating to sales and service performance
COMMITTEE: measurements.
Removed a provision from the bill giving standing to motor vehicle
dealer associations to bring specified lawsuits against licensees.
Clarified provisions in current law regarding discontinuations,
cancellations, non-renewals, modifications, and replacement of
franchise agreements.
Civil Justice & Claims 12 Y, 0 N 4/3/2025 Jones Mawn
Subcommittee
Commerce Committee Hamon Thompson
19 Id.
20 S. 320.699(1), F.S.
21 S. 320.699(2), F.S.
22 Fla. Auto. Dealers Ass'n v. Hyundai Motor Am. Corp., 337 So. 3d 893, 894 (Fla. 1st DCA 2022), reh'g denied (May 3, 2022).
23 Id.
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5
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 429 2025
1 A bill to be entitled
2 An act relating to motor vehicle manufacturers and
3 franchised motor vehicle dealers; amending s. 320.64,
4 F.S.; prohibiting an applicant or licensee, or common
5 entity thereof, from implementing sales or service
6 performance measurement criteria without providing
7 motor vehicle dealers with the basis for any sales or
8 service performance measurement; prohibiting an
9 applicant or licensee, or common entity thereof, from
10 engaging in certain retaliatory or discriminatory
11 conduct; amending s. 320.641, F.S.; revising
12 conditions under which a discontinuation,
13 cancellation, or nonrenewal of a franchise agreement
14 is considered unfair; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (42) of section 320.64, Florida
19 Statutes, is amended, and subsection (43) is added to that
20 section, to read:
21 320.64 Denial, suspension, or revocation of license;
22 grounds.—A license of a licensee under s. 320.61 may be denied,
23 suspended, or revoked within the entire state or at any specific
24 location or locations within the state at which the applicant or
25 licensee engages or proposes to engage in business, upon proof
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CS/HB 429 2025
26 that the section was violated with sufficient frequency to
27 establish a pattern of wrongdoing, and a licensee or applicant
28 shall be liable for claims and remedies provided in ss. 320.695
29 and 320.697 for any violation of any of the following
30 provisions. A licensee is prohibited from committing the
31 following acts:
32 (42)(a) The applicant or licensee, or common entity
33 thereof, has established, implemented, or enforced criteria for
34 measuring the sales or service performance of any of its
35 franchised motor vehicle dealers in this state which have a
36 material or adverse effect on any motor vehicle dealer and
37 which:
38 1. Are unfair, unreasonable, arbitrary, or inequitable; or
39 2. Do not include all relevant and material local and
40 regional criteria, data, and facts. Relevant and material
41 criteria, data, or facts include, but are not limited to, those
42 of motor vehicle dealerships of comparable size in comparable
43 markets. If such performance measurement criteria are based, in
44 whole or in part, on a survey, such survey must be based on a
45 statistically significant and valid random sample.
46 (b) The An applicant or, licensee, or common entity, or an
47 affiliate thereof, has implemented or enforced criteria for
48 measuring the sales or service performance of any of its
49 franchised motor vehicle dealers in this state without, before
50 implementation or enforcement, providing a written description
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CS/HB 429 2025
51 to each such franchised which enforces against any motor vehicle
52 dealer any such performance measurement criteria shall, upon the
53 request of the motor vehicle dealer, describe in writing to the
54 motor vehicle dealer in this state providing, in detail, how the
55 performance measurement criteria were designed, calculated,
56 established, and uniformly applied.
57 (43) The applicant or licensee, or common entity thereof,
58 has engaged in an action, or implemented a policy, standard,
59 rule, practice, or program, as retaliation against a franchised
60 motor vehicle dealer because the dealer invoked any right
61 pursuant to ss. 320.60-320.70; asserted that the applicant or
62 licensee, or common entity thereof, acted in a manner that
63 violates any provision of ss. 320.60-320.70; or testified,
64 assisted, or participated in any manner in an investigation, a
65 proceeding, or a hearing that may directly affect the applicant
66 or licensee, or common entity thereof.
67
68 A motor vehicle dealer who can demonstrate that a violation of,
69 or failure to comply with, any of the preceding provisions by an
70 applicant or licensee will or may adversely and pecuniarily
71 affect the complaining dealer, shall be entitled to pursue all
72 of the remedies, procedures, and rights of recovery available
73 under ss. 320.695 and 320.697.
74 Section 2. Subsection (3) of section 320.641, Florida
75 Statutes, is amended to read:
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CS/HB 429 2025
76 320.641 Discontinuations, cancellations, nonrenewals,
77 modifications, and replacement of franchise agreements.—
78 (3) Any motor vehicle dealer who receives a notice of
79 intent to discontinue, cancel, not renew, modify, or replace
80 may, within the 90-day notice period, file a petition or
81 complaint for a determination of whether such action is an
82 unfair or prohibited discontinuation, cancellation, nonrenewal,
83 modification, or replacement. Agreements and certificates of
84 appointment shall continue in effect until final determination
85 of the issues raised in such petition or complaint by the motor
86 vehicle dealer.
87 (a) A discontinuation, cancellation, or nonrenewal of a
88 franchise agreement is unfair unless all of the following apply:
89 1. if It is not clearly permitted by the franchise
90 agreement;
91 2. It is not undertaken in good faith;
92 3. It is not undertaken for good cause;
93 4. It or is based on the motor vehicle dealer's an alleged
94 breach of the franchise agreement which is not in fact a
95 material and substantial breach, but not if the discontinuation,
96 cancellation, or nonrenewal applies to all same line-make
97 franchised motor vehicle dealers and is otherwise permitted by
98 ss. 320.60-320.70; and
99 5. or, if The grounds relied upon for discontinuation
100 termination, cancellation, or nonrenewal have not been applied
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CS/HB 429 2025
101 in a uniform and consistent manner by the licensee.
102 (b) If the notice of discontinuation, cancellation, or
103 nonrenewal relates to an alleged failure of the new motor
104 vehicle dealer's sales or service performance obligations under
105 the franchise agreement, the new motor vehicle dealer must first
106 be provided with at least 180 days to correct the alleged
107 failure before a licensee may send the notice of
108 discontinuation, cancellation, or nonrenewal.
109 (c) A modification or replacement is unfair unless all of
110 the following apply:
111 1. if It is not clearly permitted by the franchise
112 agreement;
113 2. It is not undertaken in good faith; and
114 3. It or is not undertaken for good cause.
115 (d) The applicant or licensee shall have the burden of
116 proof that any such discontinuation, cancellation, nonrenewal,
117 modification, or replacement action is fair and not prohibited.
118 Section 3. This act shall take effect July 1, 2025.
Page 5 of 5
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hb429-01-c1
COMMERCE COMMITTEE
CS/HB 429 by Rep. Yeager
Motor Vehicle Manufacturers and Franchised Motor Vehicle Dealers
AMENDMENT SUMMARY
April 15, 2025
Amendment 1, by Rep. Yeager (strike-all):
• Retains the main provisions of the bill, and conforms to the Senate language, which
clarified the provisions governing discontinuations, cancellations, nonrenewals,
modifications, and replacement of franchise agreements.
Amendment 2 to Amendment 1, by Rep. Duggan (line 96):
• Effective July 1, 2026:
o Prohibits new motor vehicles manufactured or sold in this state from:
Implementing intelligent speed governance, assistance, or adaption
systems or technology that automatically:
• Prohibit speeding,
• Disable functionality of any motor vehicle based speeding, and
• Provide a warning regarding certain speeds.
o Requires such systems or technology to allow an owner, operator, or driver to
enable and disable such functions.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Yeager offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Subsection (42) of section 320.64, Florida
7 Statutes, is amended, and subsection (43) is added to that
8 section, to read:
9 320.64 Denial, suspension, or revocation of license;
10 grounds.—A license of a licensee under s. 320.61 may be denied,
11 suspended, or revoked within the entire state or at any specific
12 location or locations within the state at which the applicant or
13 licensee engages or proposes to engage in business, upon proof
14 that the section was violated with sufficient frequency to
15 establish a pattern of wrongdoing, and a licensee or applicant
16 shall be liable for claims and remedies provided in ss. 320.695
497703 - h0429-strike.docx
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Page 1 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 1
17 and 320.697 for any violation of any of the following
18 provisions. A licensee is prohibited from committing the
19 following acts:
20 (42)(a) The applicant or licensee, or a common entity
21 thereof, has established, implemented, or enforced criteria for
22 measuring the sales or service performance of any of its
23 franchised motor vehicle dealers in this state which have a
24 material or adverse effect on any motor vehicle dealer and
25 which:
26 1. Are unfair, unreasonable, arbitrary, or inequitable; or
27 2. Do not include all relevant and material local and
28 regional criteria, data, and facts. Relevant and material
29 criteria, data, or facts include, but are not limited to, those
30 of motor vehicle dealerships of comparable size in comparable
31 markets. If such performance measurement criteria are based, in
32 whole or in part, on a survey, such survey must be based on a
33 statistically significant and valid random sample.
34 (b) The An applicant or, licensee, or a common entity
35 thereof, has implemented or enforced criteria for measuring the
36 sales or service performance of any of its franchised motor
37 vehicle dealers in this state without first making available and
38 readily accessible, before such implementation or enforcement, a
39 written description to each such franchised, or an affiliate
40 thereof, which enforces against any motor vehicle dealer any
41 such performance measurement criteria shall, upon the request of
497703 - h0429-strike.docx
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Page 2 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 1
42 the motor vehicle dealer, describe in writing to the motor
43 vehicle dealer in this state which describes, in detail, how the
44 performance measurement criteria were designed, calculated,
45 established, and uniformly applied.
46 (43) The applicant or licensee, or a common entity
47 thereof, has engaged in an action, or implemented a policy,
48 standard, rule, practice, or program, taken as retaliation
49 against a motor vehicle dealer because the dealer invoked a
50 statutory right created by ss. 320.60-320.70, asserted that the
51 applicant, licensee, or common entity has acted in a manner that
52 violates a provision of ss. 320.60-320.70, or has testified,
53 assisted, or participated in any manner in an investigation, a
54 proceeding, or a hearing that may directly affect the applicant,
55 licensee, or common entity.
56
57 A motor vehicle dealer who can demonstrate that a violation of,
58 or failure to comply with, any of the preceding provisions by an
59 applicant or licensee will or may adversely and pecuniarily
60 affect the complaining dealer, shall be entitled to pursue all
61 of the remedies, procedures, and rights of recovery available
62 under ss. 320.695 and 320.697.
63 Section 2. Subsection (3) of section 320.641, Florida
64 Statutes, is amended to read:
65 320.641 Discontinuations, cancellations, nonrenewals,
66 modifications, and replacement of franchise agreements.—
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Page 3 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 1
67 (3) Any motor vehicle dealer who receives a notice of
68 intent to discontinue, cancel, not renew, modify, or replace
69 may, within the 90-day notice period, file a petition or
70 complaint for a determination of whether such action is an
71 unfair or prohibited discontinuation, cancellation, nonrenewal,
72 modification, or replacement. Agreements and certificates of
73 appointment must shall continue in effect until final
74 determination of the issues raised in such petition or complaint
75 by the motor vehicle dealer. A discontinuation, cancellation, or
76 nonrenewal of a franchise agreement is unfair if it is not
77 clearly permitted by the franchise agreement; is not undertaken
78 in good faith; is not undertaken for good cause; or is not based
79 on a material and substantial an alleged breach of the franchise
80 agreement by the motor vehicle dealer which is not in fact a
81 material and substantial breach; or, if the grounds relied upon
82 for termination, cancellation, or nonrenewal have not been
83 applied in a uniform and consistent manner by the licensee. If
84 the notice of discontinuation, cancellation, or nonrenewal
85 relates to an alleged failure of the new motor vehicle dealer's
86 sales or service performance obligations under the franchise
87 agreement, the new motor vehicle dealer must first be provided
88 with at least 180 days to correct the alleged failure before a
89 licensee may send the notice of discontinuation, cancellation,
90 or nonrenewal. A modification or replacement is unfair if it is
91 not clearly permitted by the franchise agreement; is not
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 1
92 undertaken in good faith; or is not undertaken for good cause.
93 The applicant or licensee has shall have the burden of proof
94 that such discontinuation, cancellation, nonrenewal,
95 modification, or replacement action is fair and not prohibited.
96 Section 3. This act shall take effect July 1, 2025.
97
98 -----------------------------------------------------
99 T I T L E A M E N D M E N T
100 Remove everything before the enacting clause and insert:
101 An act relating to motor vehicle manufacturers and
102 franchised motor vehicle dealers; amending s. 320.64,
103 F.S.; prohibiting an applicant or a licensee, or a
104 common entity thereof, from establishing,
105 implementing, or enforcing certain criteria for
106 measuring the sales or service performance of its
107 franchised motor vehicle dealers unless certain
108 conditions are met; prohibiting an applicant or a
109 licensee, or a common entity thereof, from engaging in
110 an action that is taken as retaliation against a motor
111 vehicle dealer under certain circumstances; amending
112 s. 320.641, F.S.; revising the circumstances in which
113 a discontinuation, cancellation, nonrenewal,
114 modification, or replacement of a franchise agreement
115 is deemed unfair; providing an effective date.
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Page 5 of 5
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Duggan offered the following:
3
4 Amendment to Amendment (497703) by Representative Yeager
5 (with title amendment)
6 Remove line 96 of the amendment and insert:
7 Section 3. Effective July 1, 2026, section 320.702,
8 Florida Statutes, is created to read:
9 320.702 Motor vehicle manufacturer requirements and
10 prohibitions.—
11 (1) New motor vehicles manufactured or sold in this state
12 may not implement intelligent speed governance, assistance, or
13 adaption systems or technology that automatically:
14 (a) Prohibit an owner, operator, or driver from exceeding
15 a certain speed limit.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 429 (2025)
Amendment No. 2
16 (b) Disable functionality of any motor vehicle based on
17 exceeding a certain speed limit.
18 (c) Warn the owner, operator, or driver that they are
19 maintaining a speed above the speed limit.
20
21 Such systems or technology must allow an owner, operator, or
22 driver to enable and disable such functions.
23 (2) The Department of Highway Safety and Motor Vehicles
24 may fine any licensee or motor vehicle dealer for violations of
25 this section in a sum not to exceed $1,000, and such fine may be
26 levied for each violation.
27 Section 4. Except as otherwise provided, this act shall
28 take effect July 1, 2025.
29
30 -----------------------------------------------------
31 T I T L E A M E N D M E N T
32 Remove line 115 of the amendment and insert:
33 is deemed unfair; creating s. 320.702, F.S.; effective
34 July 1, 2026, prohibiting certain motor vehicles from
35 implementing certain systems or technology
36 automatically; requiring such systems to be enabled
37 and disabled by the owner, operator, or driver;
38 providing a civil fine for violations; providing an
39 effective date.
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Page 2 of 2
CS/HB 543
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 543 COMPANION BILL: CS/SB 940 (McClain)
TITLE: Third-party Reservation Platforms LINKED BILLS: None
SPONSOR(S): Oliver RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill prohibits third-party restaurant reservation platforms in the state. The bill defines a "third-party
reservation platform" as any website, mobile application, or internet service that offers reservations at public food
service establishments without a contractual relationship with the establishment. The bill provides an exception
for certain third-party reservation platforms that arrange for reservations at food service establishments in certain
conditions at no cost to the customer. The bill prohibits these platforms from listing, advertising, promoting, or
selling reservations for on-premises service at public food service establishments. The bill authorizes the
Department of Business and Professional Regulation (DBPR), Division of Hotels and Restaurants (Division) to
impose civil penalties of up to $1,000 per violation, that may accrue daily.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on state funds.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill prohibits third-party reservation platforms, as follows:
Names the act, the “Restaurant Reservation Anti-Piracy Act.” (Section 1)
Defines "third-party reservation platform" as a website, mobile application, or other Internet service that
satisfies all of the following:
o Offers or arranges for a reservation at a public food service establishment for on-premises service.
o Is owned and operated by a person other than the owner of the public food service establishment.
o Does not have a contractual relationship or agreement with the public food service establishment,
or its contractual designee, to offer or arrange for a reservation at the public food service
establishment for on-premises service.
Clarifies that a third-party reservation platform does not include a contractual designee of an individual
customer which arranges for a personal and nontransferrable reservation at a food service establishment
at the request of the customer and at no cost to the customer, provided that the designee:
o Shares the individual customer's contact information with the food service establishment;
o Allows the food service establishment to confirm the reservation with the individual customer; and
o Honors requests from the food service establishment to opt out of future reservations created by
the designee. (Section 2)
Prohibits a reservation at a public food service establishment from being listed, advertised, promoted,
facilited, sold, or otherwise enabled through a third-party reservation platform.
Authorizes the Division to impose a civil penalty to $1,000 for each violation, and specifies that violations
accrue on a daily basis. (Section 2)
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1
The effective date of the bill is July 1, 2025. (Section 3)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Indeterminate. The bill may have an indeterminate fiscal impact on state funds. The bill authorizes the Division to
impose civil penalties, which accrue on a daily basis. It is unknown how many violations will occur.
PRIVATE SECTOR:
Indeterminate. The bill may have a positive economic impact on restaurant owners and service workers to the
extent that it reduces the number of empty tables that are associated with unauthorized third-party restaurant
reservations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of Hotels and Restaurants
The Division1 is responsible2 for administering and enforcing laws relating to the licensing, inspection, and
regulation of public food service establishments for the purpose of protecting the public health, safety and
welfare.3
Public Food Service Establishments
A “public food service establishment” is defined as any building, vehicle, place, or structure, or any room or division
in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or
in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption.4
There are several exclusions from the definition of the term, including:5
Any place maintained and operated by a public or private school, college, or university for the use of
students and faculty, or temporarily to serve events such as fairs, carnivals, and athletic contests;
Any eating place maintained and operated by a church or religious, nonprofit fraternal, or nonprofit civic
organization for the use of members and associates or temporarily to serve events such as fairs, carnivals,
or athletic contests;
Any eating place located on an airplane, train, bus, or watercraft that is a common carrier;
Any eating place maintained by a facility certified or licensed and regulated by the Agency for Health Care
Administration or the Department of Children and Families;
Any place of business issued a permit or inspected by the Department of Agriculture and Consumer
Services;
Any vending machine that dispenses any food or beverage other than potentially hazardous food;
Any place of business serving only ice, beverages, popcorn, and prepackaged items; and
Any research and development test kitchen limited to use by employees and not open to the general public.
The regulation of public food service establishments is preempted to the state.6
Third-Party Reservation Platforms
1 Florida Department of Business & Professional Regulation, Division of Hotels and Restaurants,
https://www2.myfloridalicense.com/hotels-restaurants/ (last visited March 8, 2025).
2 See s. 509.032, F.S.
3 S. 509.032(1), F.S.
4 S. 509.013(5)(a), F.S.
5 S. 509.013(5)(b), F.S.
6 S. 509.032(7), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Third-party reservation platforms are not currently regulated by the State of Florida. According to reports, scalping
reservations has historically been an issue within the restaurant industry; however, recently, third-party websites
and bots7 have made the problem much worse. In many cases, the reservations do not sell and thus, become a no-
show, which means the table stays empty, the restaurant loses money, and the service workers lose out on their
tips. In addition, such reservations can be made with fake names, which can cause confusion for the businesses.8
New York State
Recently, the State of New York passed a bill that prohibits third-party restaurant reservation services from
arranging unauthorized restaurant reservations with food service establishments. The law, which became effective
February 17, 2025, prohibited listing or selling reservations on a website or mobile application by persons who do
not have a written agreement with the restaurant to include its reservations, and established civil penalties of up to
$1,000 per violation per day.9
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 17 Y, 0 N, As CS 3/12/2025 Anstead Thompson
Subcommittee
THE CHANGES ADOPTED BY THE Clarified the definition of “third-party reservation platform.”
COMMITTEE: Provided an exception from the prohibition for certain third-party
reservation platforms.
Clarified the prohibition and violation provisions.
Commerce Committee Hamon Thompson
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7 Cambridge Online Dictionary defines a “bot” as “a computer program that works automatically, especially one that searches
for and finds information on the internet: Criminals create networks of bots that roam the internet infecting PCs with
malware.”
8 Gothamist, New York law aims to kill 'black market' for restaurant reservations, https://gothamist.com/news/new-york-law-
aims-to-kill-black-market-for-restaurant-reservations (last visited March 8, 2025).
9 NY Assembly Bill A10215A (2024).
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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
CS/HB 543 2025
1 A bill to be entitled
2 An act relating to third-party reservation platforms;
3 providing a short title; creating s. 509.105, F.S.;
4 defining the term "third-party reservation platform";
5 prohibiting a reservation at a public food service
6 establishment from being listed, advertised, promoted,
7 or sold through a third-party reservation platform;
8 providing an exception; authorizing the Division of
9 Hotels and Restaurants of the Department of Business
10 and Professional Regulation to impose a civil penalty
11 not to exceed a specified amount for a violation of
12 this act or of a division rule; providing that such
13 violations shall accrue on a daily basis for certain
14 establishments; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. This act may be cited to as the "Restaurant
19 Reservation Anti-Piracy Act."
20 Section 2. Section 509.105, Florida Statutes, is created
21 to read:
22 509.105 Third-party reservation platforms prohibited.—
23 (1) As used in this section, the term "third-party
24 reservation platform" means a website, mobile application, or
25 other Internet service that satisfies all of the following:
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26 (a) Offers or arranges for a reservation at a public food
27 service establishment for on-premises service.
28 (b) Is owned and operated by a person other than the owner
29 of the public food service establishment.
30 (c) Does not have a contractual relationship or agreement
31 with the public food service establishment, or its contractual
32 designee, to offer or arrange for a reservation at the public
33 food service establishment for on-premises service.
34 (2) A third-party reservation platform does not include a
35 contractual designee of an individual customer which arranges
36 for a personal and nontransferrable reservation at a food
37 service establishment at the request of the customer and at no
38 cost to the customer, provided that the designee shares the
39 individual customer's contact information with the food service
40 establishment, allows the food service establishment to confirm
41 the reservation with the individual customer, and honors
42 requests from the food service establishment to opt out of
43 future reservations created by the designee.
44 (3) A reservation at a public food service establishment
45 may not be listed, advertised, promoted, facilitated, sold, or
46 otherwise enabled through a third-party reservation platform.
47 (4) The division may impose a civil penalty on a third-
48 party reservation platform in an amount not to exceed $1,000 for
49 each violation of this section or of a division rule. Violations
50 under this subsection shall accrue on a daily basis for each day
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51 and each reservation for each food service establishment in
52 which there has been a violation of this section or rules of the
53 division.
54 Section 3. This act shall take effect July 1, 2025.
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CS/CS/HB 551
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 551 COMPANION BILL: CS/CS/SB 1078 (McClain)
TITLE: Fire Prevention LINKED BILLS: None
SPONSOR(S): Borrero RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities 17 Y, 0 N, As CS
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill expands the types of fire alarm system projects eligible for the simplified building permit process. The bill
requires local governments to:
issue simplified building permits within a certain period;
perform an inspection within a certain period of receiving a request;
establish a simplified permitting process by a certain date; and
refund permit fees when they fail to meet statutory deadlines.
The bill repeals the requirement for local governments to perform at least one inspection for simplified building
permit projects. The bill allows contractors to start work immediately after submitting a completed simplified
building permit application, and requires them to submit requested information within a certain time-period.
The bill states that a county or municipality may only enforce an ordinance providing for a local amendment to the
Florida Fire Prevention Code if the ordinance was transmitted before the date the permit was submitted.
The bill amends the items required to be in an inspection report for a fire hydrant or fire protection system.
Fiscal or Economic Impact:
The bill may have a positive fiscal impact on contractors who use the simplified permitting process by allowing
them to start work immediately after submitting a completed application. It is unknown if the bill will have an
economic impact on local governments.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Simplified Permitting Processes
The bill redefines “fire alarm system project” to include replacing an existing fire alarm panel with the same make
and model, which will make such projects eligible for the simplified building permit process. (Section 1)
The bill defines the term “alteration” which was previously undefined. The bill defines “alteration” as to “add,
install, relocate, replace, or remove.” (Section 1)
The bill provides that a local enforcement agency must issue a building permit for an eligible fire alarm or fire
sprinkler project within two (2) business days of the completed application being submitted. A contractor may
begin work immediately after submitting the completed application. (Section 1)
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The bill repeals the requirement that a local enforcement agency must perform at least one inspection of the fire
alarm system or fire sprinkler system project. However, if an inspection is requested from a local enforcement
agency, it must perform an inspection within three (3) business days. (Section 1)
The bill provides that if a local enforcement agency needs additional documentation for recording purposes, the
contractor must provide the requested documentation within four (4) business days after the local enforcement
agency’s inspection or 4 days after the request, whichever is later. However, a local enforcement agency may not
require a contractor to provide additional documents or plans reviews that are outside the scope of the permitted
work needed on the permit application. (Section 1)
The bill requires local governments to refund their building permit fees by 10 percent for each business day that
they fail to meet the deadline to issue a permit or perform an inspection for a simplified permitting process fire
alarm system or fire sprinkler project unless:
The parties agree in writing to a reasonable extension;
The delay is caused by the permit applicant; or
The delay is attributable to a force majeure or other extraordinary circumstance.
Each 10 percent refund is based on the original amount of the permit fee. (Section 1)
The bill requires local enforcement agencies to establish a simplified permitting process by October 1, 2025.
(Section 1)
Local Amendments to the Florida Fire Prevention Code
The bill provides that a county or municipality may only enforce an ordinance providing for a local amendment to
the Florida Fire Prevention Code if the ordinance was transmitted to the Florida Building Commission and the
State Fire Marshal as of the date that the permit was submitted. (Section 2)
Fire Hydrant and Fire Protection System Inspections
The bill provides that the uniform summary inspection report must list the total number of deficiencies discovered,
separated into critical and noncritical categories, with a brief description of impairment deficiencies found during
the inspection instead of a brief summary of each deficiency or impairment. (Section 3)
The bill provides that contractor’s detailed inspector report shall also be provided, but is not required to follow the
uniform summary inspection report format. (Section 3)
The bill also removes the requirement that the procedure to submit summary inspection reports to a local
authority may require a contractor to submit information contained in their detailed inspection report. (Section 3)
The bill provides an effective date of July 1, 2025. (Section 4)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Simplified Permitting Process
Standard Building Permit Process
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare.1 Every local government
1 S. 553.72, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
must enforce the Florida Building Code and issue building permits.2 A building permit is an official document or
certificate issued by the local building official that authorizes performance of a specific activity.3
Current law requires local governments to review alarm, electrical, plumbing, and mechanical building permit
applications within a specific time-period of receiving the applications.4 When a local government receives an
application for one of these types of building permits, it must approve, approve with conditions, or deny a building
permit application following receipt of a completed and sufficient application unless the applicant waives such
limitation in writing:5
Within 30 business days if the structure is less than 7,500 square feet.
Within 60 business days if the structure is more than 7,500 square feet.
If a local government fails to meet one of the deadlines, it must reduce the building permit fee by ten (10)
percent for each business day that it fails to meet the deadline, unless:6
the parties agree to an extension of time;
the delay is caused by the applicant; or
the delay is attributable to a force majeure or other extraordinary circumstances.
Each ten (10) percent reduction is based on the original amount of the building permit fee.7
Simplified Building Permit Process
Section 553.7932, F.S., provides an expedited permitting process for certain fire alarm system projects and fire
sprinkler projects. The process removes the time required to review plans prior to starting work.
The law prohibits a local enforcement agency from requiring a contractor to submit building plans or specifications
in order to obtain a permit for a fire alarm system or fire sprinkler project, but a local enforcement agency is still
authorized to require a contractor to submit a completed application and a payment for such permit.8
For the purpose of the simplified permitting process, a “fire alarm system project” is defined as a fire alarm system
alteration of a total of 20 or fewer initiating devices and notification devices, or the installation or replacement of a
fire communicator connected to an existing fire alarm control panel in an existing commercial, residential,
apartment, cooperative, or condominium building.9A “fire sprinkler system project” is defined as a fire protection
system alteration of a total of 20 or fewer fire sprinklers in which the sprinklers are of the same K-factor and
located in spaces where there is no change of hazard classification or increased system coverage area, or the
installation or replacement of an equivalent fire sprinkler system component in an existing commercial,
residential, apartment, cooperative, or condominium building.10
The term “alteration” is not defined.11
A local enforcement agency must require at least one inspection of a fire alarm system or fire sprinkler project to
ensure the work complies with the applicable codes and standards. If a project fails an inspection, the contractor
must take corrective action as necessary to pass inspection.12
2 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
3 S. 468.603(2), F.S; S. 202 of the Eighth edition of the Florida Building Code (Building).
4 S. 553.792(1), F.S.
5 Id.
6 Id.
7 Id.
8 S. 553.7932(2), F.S.
9 S. 553.7932(1), F.S.
10 Id.
11 See s. 553.7932, F.S.
12 S. 553.7932(4), F.S.
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3
The contractor must keep a copy of the plans and specifications at the worksite, and make them available to the
inspector at each inspection.13
The simplified permitting process does not require local enforcement agencies to issue a permit within a certain
time period.
Fire Alarm Panel
A “fire alarm panel” or “control unit” serves as the brain of a fire alarm system. It monitors all the inputs, i.e. smoke
or heat detection, into the system and controls all of the outputs, i.e. alarms.14
Local Amendments to the Florida Fire Prevention Code
Florida Fire Prevention Code
Chapter 633, F.S., is Florida’s fire prevention and control law, and it designates the state’s Chief Financial Officer as
the State Fire Marshal. The State Fire Marshal, through the Division of State Fire Marshal within the Department of
Financial Services (DFS), is charged with enforcing the provisions of ch. 633, F.S., and all other applicable laws
relating to fire safety.15
Pursuant to this authority, the State Fire Marshal regulates, trains, and certifies fire service personnel and fire
safety inspectors.
The State Fire Marshal also adopts by rule the Florida Fire Prevention Code (Fire Code), which contains all
fire safety laws and rules that pertain to the design, construction, erection, alteration, modification, repair,
and demolition of public and private buildings, structures, and facilities.16
State law requires all municipalities, counties, and special districts with fire safety responsibilities to enforce
the Fire Code as the minimum fire prevention code. These local enforcing authorities may adopt more stringent fire
safety standards, subject to certain requirements, but may not enact fire safety ordinances that conflict with ch.
633, F.S., or any other state law.17
The chiefs of local government fire service providers (or their designees) are authorized to enforce ch. 633,
F.S., and rules within their respective jurisdictions as agents of those jurisdictions, not agents of the State
Fire Marshal.18
Each county, municipality, and special district with fire safety enforcement responsibilities is also required to
employ or contract with a fire safety inspector who is certified by the State Fire Marshal to conduct all fire safety
inspections required by law.19
Local Amendments to the Florida Fire Prevention Code
Counties, municipalities, and special districts may adopt more stringent safety standards by:20
Holding a public meeting that has been advertised in a newspaper of general circulation at least 10 days
before the hearing;
Deciding after the meeting that there is a need to strengthen the Fire Code.
13 S. 553.7932(5), F.S.
14 Shawn Mahoney, A Guide to Fire Alarm Basics, NFPA, (March 3, 2021) https://www.nfpa.org/news-blogs-and-
articles/blogs/2021/03/03/a-guide-to-fire-alarm-basics (last visited March 7, 2024).
15 S. 633.104, F.S.
16 S. 633.202, F.S.
17 Ss. 633.108, 633.208, and 633.214, F.S.
18 S. 633.118, F.S.
19 S. 633.216(1), F.S.
20 Ss. 633.202, and 633.208, F.S.
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4
o The determination must be based upon a review of the local conditions by the local governing body,
which demonstrates that local conditions require the more stringent standards.
Providing a procedure allowing substantially affected parties to challenge the validity of such standards.
o A challenging party is entitled to a hearing within 45 days and has the burden of proof.
Sending the amendment to the State Fire Marshal and the Florida Building Commission within 30 days of
adopting the amendment.
Fire Hydrant and Fire Protection System Inspections
The State Fire Marshal has the right to inspect any fire hydrants or fire protection systems in order to determine
that such system meets the standards set forth by the state. Inspections may also be conducted by independent
contractors.21
Any person who wishes to inspect fire hydrants or fire protection systems must have a fire protection system’s
contractor license issued by the State Fire Marshal.22
If a fire protection system contractor inspects a fire hydrant or a fire protection system, the contractor must use a
uniform summary inspection report adopted by the State Fire Marshall. A contractor must provide a copy of the
summary inspection report to the local authority and the building owner or hydrant owner. An inspector also
completes a detailed report in addition to the uniform summary inspection report.23
The uniform summary inspection report must include the:24
Address where the fire protection system or hydrant is located;
Company and person conducting the inspection and their license number;
Date of the inspection; and
Fire protection system or hydrant inspection status, including a brief summary of all the deficiencies
discovered during the inspection including:
o Deficiency.
o Critical deficiency.
o Noncritical deficiency; or
o Impairment.
The State Fire Marshal must adopt rules for contractors to submit uniform summary inspection reports to local
governments. The procedures must allow a contractor to attach additional documents with the uniform summary
inspection report, including a physical copy of the contractor’s detailed inspection report. However, a submission
procedure may not require a contractor to submit information contained within the detailed inspection report
unless the information is required to be included in the uniform summary inspection report.25
21 S. 633.312, F.S.
22 Ss. 633.312 and 633.318, F.S.
23 S. 633.312(3), F.S.
24 S. 633.312(3)(b), F.S.
25 Id.
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5
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 17 Y, 0 N, As CS 3/12/2025 Anstead Brackett
Subcommittee
THE CHANGES ADOPTED BY THE Expanded the time-period that local governments have to perform an
COMMITTEE: inspection from within 24 hours after receiving a request to within three
(3) business days of receiving a request.
Provided that contractors must provide additional documentation for fire
alarm system and fire sprinkler projects within four (4) days of receiving a
request from the local government or (4) days after the inspection,
whichever is later.
Provided that a local government must refund 10 percent of a building
permit fee for missing a required deadline instead of reducing the fee by 10
percent.
Provided that a local government only has to refund 10 percent of a fee if
they fail to issue a building permit or perform an inspection for certain fire
alarm system and fire sprinkler projects within the required timeframe.
Provided that a local amendment to the Fire Code is null and void if it is not
adopted in accordance with current law instead of immediately rescinded.
Removed the bill’s provision subjecting a local fire marshal’s license to
discipline if they enforce a rescinded local amendment to the Fire Code.
Provided that a municipality may only enforce a local amendment to the
Fire Code if it has been sent to the Florida Building Commission and the
State Fire Marshal as of the date the contractor submitted the bid for a
permit.
Intergovernmental Affairs 17 Y, 0 N, As CS 4/9/2025 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE Provided that a county or municipality may only enforce an ordinance
COMMITTEE: providing for a local amendment to the Florida Fire Prevention Code if that
ordinance was transmitted to the Florida Building Commission and the
State Fire Marshal as of the date that the permit was submitted.
Required the uniform summary inspection report to list the total number
of deficiencies discovered, separated into critical and noncritical
categories, with a brief description of impairment deficiencies.
Commerce Committee Hamon Brackett
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 551 2025
1 A bill to be entitled
2 An act relating to fire prevention; amending s.
3 553.7932, F.S.; defining the term "alteration";
4 revising the definition of the term "fire alarm system
5 project"; requiring a local enforcement agency to
6 issue a permit for a fire alarm system project or fire
7 sprinkler system project within a specified time
8 period; authorizing work to commence immediately;
9 requiring the local enforcement agency to provide an
10 inspection within a specified timeframe; requiring
11 that certain plans and specifications be available for
12 an onsite plans review during an inspection; requiring
13 a contractor to provide additional documents, if
14 necessary, within a specified timeframe; prohibiting a
15 local enforcement agency from requiring additional
16 plans reviews or documentation outside the scope of
17 the permitted work; requiring that permit fees be
18 refunded by a certain percentage if a local government
19 fails to meet certain deadlines; providing exceptions;
20 requiring local enforcement agencies to establish a
21 simplified permitting process by a specified date;
22 amending s. 633.202, F.S.; providing that a county or
23 municipality may only enforce an ordinance that has
24 been sent to the Florida Building Commission and the
25 State Fire Marshal as of a certain date; amending s.
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26 633.312, F.S.; requiring a uniform summary inspection
27 report to include specified information; removing the
28 requirement for a brief summary of deficiencies;
29 requiring a contractor's detailed inspection report to
30 be provided with a uniform summary inspection report;
31 removing an exception from submitting certain
32 information within a detailed inspection report;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraphs (a) through (d) of subsection (1) of
38 section 553.7932, Florida Statutes, are redesignated as
39 paragraphs (b) through (e), respectively, present paragraph (c)
40 of subsection (1), subsections (3) and (4), and paragraphs (a)
41 and (b) of subsection (5) are amended, and a new paragraph (a)
42 is added to subsection (1) and subsections (6) and (7) are added
43 to that section, to read:
44 553.7932 Simplified permitting processes.—
45 (1) As used in this section, the term:
46 (a) "Alteration" means to add, install, relocate, replace,
47 or remove.
48 (d)(c) "Fire alarm system project" means a fire alarm
49 system alteration of a total of 20 or fewer initiating devices
50 and notification devices;, or the installation or replacement of
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51 a fire communicator connected to an existing fire alarm control
52 panel in an existing commercial, residential, apartment,
53 cooperative, or condominium building; or the replacement of an
54 existing fire alarm panel using the same make and model as the
55 existing panel.
56 (3) A local enforcement agency must issue a permit for a
57 fire alarm system project or fire sprinkler system project in
58 person or electronically within 2 business days after submission
59 of a completed application. A contractor may commence work
60 authorized by the permit immediately after submission of a
61 completed application.
62 (4) The a local enforcement agency must provide an
63 inspection within 3 business days after such inspection is
64 requested, require at least one inspection of a fire alarm
65 system project or fire sprinkler system project to ensure
66 compliance with applicable codes and standards. If a fire alarm
67 system project or fire sprinkler system project fails an
68 inspection, the contractor must take corrective action as
69 necessary to pass inspection.
70 (5)(a) For a fire alarm system project, a contractor must
71 keep a copy of the plans and specifications at the fire alarm
72 system project worksite and make such plans and specifications
73 available to the inspector for an onsite plans review at each
74 inspection. If the local enforcement agency determines that it
75 needs additional documents for recording purposes, the
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76 contractor must provide such documentation in paper or
77 electronic form to the local enforcement agency within 4
78 business days after the inspection or 4 days after the
79 documentation is requested, whichever is later. The local
80 enforcement agency may not require additional plans reviews or
81 documentation of areas or devices outside the scope of permitted
82 work, as needed on permit applications.
83 (b) For a fire sprinkler system project to alter an
84 existing fire protection system, a contractor must keep a copy
85 of the plans and specifications at the fire sprinkler system
86 project worksite and make such plans and specifications
87 available to the inspector at each inspection. If the local
88 enforcement agency determines that it needs additional documents
89 for recording purposes, the contractor must provide such
90 documentation in paper or electronic form to the local
91 enforcement agency within 4 business days after the inspection
92 or 4 days after the documentation is requested, whichever is
93 later. The local enforcement agency may not require additional
94 plans, reviews, or documentation of areas or devices outside the
95 scope of permitted work, as needed on permit applications.
96 (6) A local government that fails to meet a deadline under
97 subsection (3) or subsection (4) must refund the permit fee by
98 10 percent for each business day after such failure, unless the
99 local government and contractor agree in writing to a reasonable
100 extension of time, the delay is caused by the applicant, or the
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 551 2025
101 delay is attributable to a force majeure or other extraordinary
102 circumstances. Each 10-percent refund shall be based on the
103 original amount of the permit fee.
104 (7) By October 1, 2025, a local enforcement agency must
105 establish a simplified permitting process that complies with
106 this section.
107 Section 2. Subsection (9) of section 633.202, Florida
108 Statutes, is amended to read:
109 633.202 Florida Fire Prevention Code.—
110 (9)(a) The State Fire Marshal shall make rules that
111 implement this section and ss. 633.104 and 633.208 for the
112 purpose of accomplishing the objectives set forth in those
113 sections.
114 (b) A county or municipality may only enforce an ordinance
115 providing for a local amendment to the Florida Fire Prevention
116 Code if such ordinance was transmitted to the Florida Building
117 Commission and the State Fire Marshal pursuant to subsection (8)
118 as of the date that the permit was submitted.
119 Section 3. Paragraph (b) of subsection (3) of section
120 633.312, Florida Statutes, is amended to read:
121 633.312 Inspection of fire control systems, fire hydrants,
122 and fire protection systems.—
123 (3)
124 (b) The State Fire Marshal shall adopt rules to implement
125 a uniform summary inspection report and submission procedures to
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 551 2025
126 be used by all third-party vendors and local authorities having
127 jurisdiction. For purposes of this section, a uniform summary
128 inspection report must record the address at which where the
129 fire protection system or hydrant is located, the company and
130 person conducting the inspection and their license number, the
131 date of the inspection, and the fire protection system or
132 hydrant inspection status, including the total number of
133 deficiencies found, separated into critical and noncritical
134 categories, and a brief description of impairment deficiencies a
135 brief summary of each deficiency, critical deficiency,
136 noncritical deficiency, or impairment found. A contractor's
137 detailed inspection report must also be provided, but is not
138 required to follow the uniform summary inspection report format.
139 The State Fire Marshal shall establish by rule a submission
140 procedure for each means provided under paragraph (a) by which a
141 local authority having jurisdiction may accept uniform summary
142 inspection reports. Each of the submission procedures must allow
143 a contractor to attach additional documents with the submission
144 of a uniform summary inspection report, including a physical
145 copy of the contractor's detailed inspection report. A
146 submission procedure may not require a contractor to submit
147 information contained within the detailed inspection report
148 unless the information is required to be included in the uniform
149 summary inspection report.
150 Section 4. This act shall take effect July 1, 2025.
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CS/CS/HB 651
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 651 COMPANION BILL: CS/CS/CS/SB 700 (Truenow)
TITLE: Department of Agriculture and Consumer LINKED BILLS: None
Services RELATED BILLS: None
SPONSOR(S): Tuck, Alvarez, D.
Committee References
Housing, Agriculture & Criminal Justice Agriculture & Natural Commerce
Tourism 14 Y, 4 N, As CS Resources Budget
14 Y, 3 N, As CS 11 Y, 4 N
SUMMARY
Effect of the Bill:
The bill addresses numerous, distinct matters related to agriculture and matters under the jurisdiction of the
Department of Agriculture and Consumer Services.
Fiscal or Economic Impact:
The bill has an indeterminate positive fiscal impact on the Department of Agriculture and Consumer Services. The
impact on local governments and the private sector is indeterminate.
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ANALYSIS
EFFECT OF THE BILL:
The bill addresses numerous, distinct matters related to agriculture and other matters under the jurisdiction of the
Department of Agriculture and Consumer Services (DACS), as discussed below.
Selected Exempt Service for DACS Captains and Majors
The bill exempts personnel who are assigned primary duties as captains or majors serving in the Office of
Agricultural Law Enforcement from the Career Service category of the civil service system for state employees.
Instead, such personnel will serve in the Select Exempt Service (SES) category. (Section 1.)
Former Agricultural Lands Owned by Electric Utilities
The bill provides DACS the right of first refusal to acquire former agricultural lands that are owned or acquired by
an electric utility as defined in s. 361.11(2), F.S., prior to those lands being offered for sale by the utility to a private
entity. For lands acquired by an electric utility that have been classified as agricultural at any time in the 5 years
before acquisition by the utility, the bill requires the utility to offer such lands for fee simple acquisition by DACS
before offering the lands for sale to a private entity. Similarly, for lands owned by an electric utility that were
classified as agricultural at any time in the 5 years before acquisition by the utility, the bill requires the utility to
offer such lands for fee simple acquisition by DACS before offering the lands for sale to a private entity. The bill
does not specify the purposes for which the state may acquire such lands and does not establish criteria for such
acquisitions. This bill makes these provisions retroactive to January 1, 2009. (Section 6.)
The bill provides that DACS may surplus lands that it has acquired under these provisions if it determines, in
consultation with the Department of Environmental Protection, that such lands are suitable for bona fide
STORAGE NAME: h0651f.COM
DATE: 4/12/2025
1
agricultural production.1 The bill requires DACS to retain a rural-lands-protection easement under s. 570.71, F.S.,
for such lands that it has surplused. The bill provides that all proceeds from these surplused lands must be
deposited into the Incidental Trust Fund within DACS to create conservation easements through less than fee
simple acquisitions made pursuant to ss. 570.71 and 570.715, F.S. The bill requires DACS to provide an annual
report of these surplused lands, beginning January 1, 2026. These provisions are retroactive to January 1, 2009.
(Section 4.)
Use of Unmanned Aircraft (Drones)
The bill expands the prohibited uses of unmanned aircraft, or drones, to prohibit specific uses on agricultural
lands, private property, state wildlife management lands, and sport shooting and training ranges. (Section 5.)
Agricultural Lands
The bill prohibits a person from knowingly or willfully doing any of the following on lands classified as agricultural
lands under s. 193.461, F.S.:
Operating a drone.
Allowing a drone to make contact with any person or object on the premises of or within the boundaries of
such lands.
Allowing a drone to come close enough to such lands to interfere with or cause a disturbance to agricultural
production.
The bill provides that a violation of any of these prohibitions is punishable as a second degree misdemeanor.2
Under the bill, a second or subsequent violation is punishable as a first degree misdemeanor.3
The bill provides exceptions to the prohibition for actions of:
The property owner of the agricultural lands.
A person acting with prior written consent of the property owner of the agricultural lands.
A person or entity acting in compliance with Florida law related to search and seizure using a drone.4
(Section 5.)
Private Property, State Hunting Lands, and Sport Shooting and Training Ranges
The bill also prohibits a person from knowingly or willfully allowing a drone to make contact with private
property,5 state wildlife management lands, a sport shooting and training range,6 or any person or object on the
premises of or within the property with the intent to harass. A violation of the prohibition is punishable as a
second degree misdemeanor and a second or subsequent violation is punishable as a first degree misdemeanor.
Further, a person who violates this prohibition and records video of the property, including any persons or objects
on the premises of or within the property, commits a first degree misdemeanor, and a second or subsequent
violation is a third degree felony.7
The bill provides the same exceptions to the prohibition as listed above with regard to agricultural lands. (Section
5.)
1 The bill excludes lands designated as state forest, state park, or wildlife management area.
2 A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Ss. 775.082 and 775.083, F.S.
3 A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
4 S. 934.50, F.S.
5 The bill defines “private property” as “any residential or commercial property” and provides a definition for each of those
terms.
6 For purposes of the bill, a “sport shooting or training range” means any area that has been designed, or operated for the use
of, firearms, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, BB guns, airguns, or similar devices, or any other
type of sport or training shooting.
7 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
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2
Exceptions for Certain Surveillance Uses
The bill removes an exception to Florida’s general prohibition on the use of drones to conduct surveillance on
private property and persons legally on such property. The bill removes the exception for persons and entities
engaged in a state-licensed business or profession, or their agents, employees, and contractors, to use a drone to
perform reasonable tasks within the scope of practice or activities permitted under the state-issued license.
(Section 79.)
Florida Aquaculture Foundation
The bill creates the Florida Aquaculture Foundation as a direct support organization within DACS. The purpose of
the foundation is to conduct programs and activities related to the assistance, promotion, and furtherance of
aquaculture and aquaculture producers in this state and to identify and pursue methods to provide statewide
resources and materials for these programs.
The bill authorizes DACS to appoint an advisory committee adjunct to the foundation pursuant to s. 570.232, F.S.8
(Section 63.)
Emergency Recovery Loans to Agriculture and Aquaculture Producers
The bill expands the existing Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program to
include loans to agriculture or aquaculture producers that have experienced damage or destruction from
emergencies declared by the Commissioner of Agriculture.9 Accordingly, the bill renames the program as the
Agriculture and Aquaculture Producers Emergency Recovery Loan Program. (Sections 3 and 64.)
The bill also:
Expands authorized uses of program loans to include restocking aquaculture.
Permits DACS to renew loan applications after a determination from DACS and an active declared
emergency.
Permits DACS to defer or waive loan payments if, at any time during the repayment period of a loan, the
approved applicant experiences a significant hardship such as crop loss from a weather-related event or
from impacts from a natural disaster or declared emergency.
Emergency Recovery Grants for Timber Landowners
The bill creates the Silviculture Emergency Recovery Program, which empowers DACS to administer grants to
assist timber landowners whose timber land is damaged as a result of an emergency declared by the Governor10 or
the Commissioner of Agriculture.11 Only timber land located on lands classified as agricultural lands are eligible to
participate in the program. Grants provided to eligible timber owners may only be used for:
Timber stand restoration, including downed tree removal on land which will retain the existing trees on
site which are lightly damaged or completely undamaged.
Site preparation and tree replanting.
Road and trail clearing on private timber lands to provide emergency access and facilitate salvage
operations.
8 S. 570.232, F.S., authorizes the Commissioner of Agriculture to appoint any advisory committee to assist DACS with its duties
and responsibilities. An advisory committee may exist for no more than 3 years, but may be reestablished as necessary.
9 Pursuant to s. 570.07(21), F.S., DACS may declare an emergency when one exists in any matter related to agriculture, adopt
rules that are in effect during the term of the emergency, and issue food safety information related to the emergency.
10 S. 252.36, F.S., specifies the Governor’s authority to declare a state of emergency. An emergency is defined as “any
occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in
substantial injury or harm to the population or substantial damage to or loss of property.” S. 252.34, F.S.
11 S. 570.07(21), F.S.
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3
The bill requires DACS to coordinate with state agencies and other entities to ensure that timber landowners have
access to the maximum financial assistance available following a declared emergency. This coordination must
attempt to ensure no duplication of financial assistance between the emergency recovery program grants and
other federal or state funding sources, where such duplication would render an approved applicant ineligible for
other financial assistance. (Section 65.)
Florida Wine
The bill recognizes wine products made from fruits other than grapes by changing the name of the Viticulture
Advisory Council to the Florida Wine Advisory Council (Section 69), changing the name of the State Viticulture Plan
to the State Wine Plan (Section 70), changing the name of the Viticulture Trust Fund to the Wine Trust Fund
(Sections 59 and 72), and making conforming changes to reflect these changes. The bill also reflects a change to the
name of the Florida Grape Growers’ Association to the Florida Wine and Grape Growers Association.
The bill also provides that a winery that fails to annually recertify with DACS and pay required licensing fees for
participation in the Florida Farm Winery Program is subject to the removal of the program’s logos, emblems, and
directional signs previously installed by the Department of Transportation. (Section 71.)
Citrus Regulation
The bill repeals provisions established in 2006 to minimize the spread of citrus disease. In particular, the bill
repeals provisions that:
Prohibit persons from propagating citrus nursery stock that was not propagated or grown on a site and
within a protective structure approved by DACS and that is not at least one mile from commercial citrus
groves.
Require DACS to establish regulated areas of up to a one mile radius around the perimeter of certain
commercial citrus groves, in which the planting of citrus is prohibited.
Require DACS to require removal of infected or infested citrus, non-approved planted citrus, and citrus that
has sprouted by natural means.
Establishes a process by which DACS may issue an immediate final order and notify property owners of any
required removal. (Section 66.)
Mosquito Control
The bill makes the following changes to Florida’s laws governing mosquito control programs:
Defines a “program” as any governmental jurisdiction that conducts mosquito control, whether it be a
special district, county, or municipality (Section 8), and replaces references to “mosquito control districts”
and “districts” throughout chapter 388, F.S., with “mosquito control programs” and “programs.” (Multiple
sections.)
Recognizes the participation of municipalities in mosquito control programs. (Section 8 and multiple
sections thereafter.)
Increases to $75,000 the annual cap on non-matching state funds available to a municipality, county, or
mosquito control special district for a new program to control mosquitos and other arthropods.12 (Section
13.)
Clarifies references to “work plan” and “plan” by replacing such references with the term “integrated
arthropod management plan.”13 (Section 14 and multiple sections thereafter.)
Removes the requirement that state funds be paid quarterly. (Section 17.)
12 Arthropods are defined in s. 388.011, F.S., as “insects of public health or nuisance importance, including all mosquitoes,
midges, sand flies, dog flies, yellow flies, and house flies.”
13 S. 388.011(6), F.S., defines “integrated arthropod control” as the implementation of arthropod control measures, including,
but not limited to, the use of pesticides and biological control agents and source reduction, to control arthropods without an
unreasonable adverse effect on the environment.
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Requires that a record and inventory of certain property that was purchased with state funds for arthropod
control use and is owned by a mosquito control program must be maintained in accordance with rules
established by Florida’s Chief Financial Officer under s. 274.02, F.S. (Section 20.)
Requires that any serviceable equipment that was purchased with state funds for arthropod control use but
is no longer needed must be offered to any or all other programs engaged in arthropod control at a price
established by the board of commissioners owning the equipment. (Section 21.)
Requires that the proceeds from the sale of any real or tangible personal property owned by a mosquito
control program and purchased using state funds must be deposited in the program’s state fund account.
(Section 21.)
Requires each mosquito control program receiving state aid to submit to DACS a monthly expenditure
report for the preceding month and requires each program participating under ch. 388, F.S., to provide
reports of activities and accomplishments. (Section 22.)
Extends DACS’ enforcement authority to authorize issuance of written warnings, imposition of fines, and
denial of program participation for specified violations and authorizes probation in lieu of a fine if DACS
finds that a fine would be detrimental to the public. (Section 25.)
Adds a representative from the Center of Medical, Agricultural, and Veterinary Entomology to the Florida
Coordinating Council on Mosquito Control, increases the number of mosquito control directors to serve on
the council from two to four, and permits members of the council to serve until a successor is appointed.
(Section 29.)
Basin Management Action Plans
The bill grants DACS rulemaking authority to establish an enrollment by rule process for best management
practices (BMPs) that agricultural pollutant sources and agricultural producers may use instead of certain other
DACS’ BMPs. Accordingly, DACS is authorized to identify BMPs for landowners of parcels that meet the following
requirements:
The parcel is not greater than 25 acres in size.
The parcel is designated as agricultural land use by the county in which it is located, or the parcel is granted
agricultural tax classification by the county property appraiser.
The water use on the parcel does not exceed 100,000 gallons per day on average, unless the entire use is
from using recycled water from wet detention treatment ponds or reuse water.
The agricultural activity on the parcel does not include a vegetable crop, agronomic crop, nursey, or dairy
operation.
The parcel is not abutted by an impaired water body.
The parcel is not part of a larger operation that is enrolled in other DACS BMPs or conducts water quality
monitoring prescribed by DACS or a water management district. (Section 30.)
Under the bill, DACS must also specify design or performance criteria that, if applied, would result in compliance
with appropriate water quality standards. The bill authorizes DACS to adopt additional eligibility criteria for
landowners or producers to use enrollment by rule and to revoke enrollment by rule. (Section 30.)
The bill requires DACS to annually perform onsite inspections of 20 percent of all enrollments that meet the
qualifications described above within basin management action plan areas, to ensure that practices are being
properly implemented. The inspection must include a collection and review of certain BMP documentation from
the previous two years. (Section 30.)
The bill also requires all agricultural producers enrolled by rule in a BMP to annually submit to DACS all nutrient
records, including nitrogen and phosphorus fertilizer application records for the previous calendar year, as DACS
may require by rule. The bill requires DACS to collect and retain those nutrient records pursuant to certain other
requirements. (Section 30.)
Water Quality Additives
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The bill defines the term “water quality additive” to mean any chemical or additive which is used in a public water
system for the purpose of removing contaminants or increasing water quality. The term does not, however, include
additives used for health-related purposes. (Section 31.)
The bill prohibits the use of any additives in a public water system which do not meet the definition of a water
quality additive, as defined above, or the use of any additives included primarily for health-related purposes.
(Section 32.)
Pest Control and Pesticide Licensing and Certification
The bill authorizes DACS to offer examinations for various pest control and pesticide applicator certifications both
in person and remotely through a third-party vendor and authorizes the third-party vendor to impose a
convenience fee for this service. The bill eliminates provisions that specify the frequency with which these
examinations must be offered. (Sections 33, 34, 35, 36, 37, 39.)
The bill authorizes DACS to take disciplinary action against a pest control or pesticide licensee or certificate holder
if the licensee or certificate holder is subject to civil penalties issued by final order under the Federal Insecticide,
Fungicide, and Rodenticide Act or a criminal conviction under that act. (Sections 38, 40.)
Florida Solicitation of Contributions Act
Registration Statement
The bill requires a charitable organization or sponsor, unless exempted, to file certain attestation statements with
its initial registration statement when registering under the Solicitation of Contributions Act. The bill requires each
attestation to be submitted on a form prescribed by DACS and signed by an authorized official of the charitable
organization. In the attestation statements, the authorized official must certify and attest that:
The charitable organization, if engaged in activities that would require registration under ch. 106, F.S., is
properly registered with the Department of State.
The charitable organization, if prohibited by applicable federal or state law, is not engaged in activities that
would require registration with the Department of State under ch. 106, F.S. (Section 42.)
Under the bill, a charitable organization or sponsor, whose registration is denied or revoked for submitting a false
attestation, is subject to certain penalties.14 (Section 45.)
The bill authorizes DACS to investigate and refer a charitable organization or sponsor that has registered or
attempted to register under the Florida Solicitation of Contributions Act to the Florida Elections Commission for
investigation of violations pursuant to chs. 104 and 106, F.S. (Sections 42 and 44.)
Honest Services Registry
The bill requires DACS to create the Honest Services Registry (Registry) to provide the residents of Florida with the
information necessary to make an informed decision when deciding which charitable organizations to support. To
be included on the Registry, the bill requires a charitable organization to, at a minimum, submit to DACS an
attestation, on a form prescribed by DACS and verified according to s. 92.525, F.S., attesting to all of the following:
That the organization does not solicit or accept, directly or indirectly, contributions, funding, support, or
services from a foreign source of concern; and
14 The penalties that DACS may impose include issuing a notice of noncompliance; issuing a cease and desist order; refusing to
register or cancelling or suspending a registration; placing the registrant on probation for a period of time, subject to certain
conditions as DACS may specify; cancelling an exemption; imposing an administrative fine not to exceed $5,000 for each act or
omission that constitutes a violation (if the violating entity is a 501(c)(3) organization, the administrative fine may not exceed
$500 per violation for failure to register or file for an exemption); and imposing an administrative fine not to exceed $10,000
for a violation that involves fraud or deception. S. 496.419(5), F.S.
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That the organization’s messaging and content are not directly or indirectly produced or influenced by a
foreign source of concern. (Section 46.)
The bill requires DACS to publish the Registry on its website, and grants DACS rulemaking authority to implement
these provisions. (Section 46.)
The bill makes it unlawful for any person, in connection with the planning, conduct, or execution of any solicitation
or charitable or sponsor sales promotion, to solicit or accept contributions or anything of value from a foreign
source of concern. (Section 43.)
For purposes of the Honest Services Registry, as well as the Solicitations of Contributions Act, the bill defines
“foreign country of concern" as the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran,
the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the
Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country
of concern.15 The bill defines “foreign source of concern” as any of the following:
The government or any official of the government of a foreign country of concern;
A political party or member of a political party or any subdivision of a political party in a foreign country of
concern;
A partnership, an association, a corporation, an organization, or other combination of persons organized
under the laws of or having its principal place of business in a foreign country of concern, or a subsidiary of
such entity;
Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent
citizen of the United States;
An agent, including a subsidiary or an affiliate of a foreign legal entity, acting on behalf of a foreign source
of concern; or
An entity in which a person, entity, or collection of persons or entities described above has a controlling
interest.16 (Section 41.)
Florida Food Safety Act
The bill amends the definition of “cottage food product” under the Florida Food Safety Act (FFS Act) to mean food
that is not time or temperature controlled for safety, and that is not a potentially hazardous food as defined by
DACS rule which is sold by a cottage food operation in accordance with Florida’s laws governing such operations.
(Section 47.)
The bill clarifies that a food permit from DACS is required of any person or business that operates a food
establishment, except certain persons or businesses that operate minor food outlets and sell commercially
prepackaged, not potentially hazardous, not age restricted, and not time or temperature controlled for safety,
provided the shelf space for those items do not exceed 12 linear feet and no other food is sold by the person or
business. (Section 48.)
The bill also:
Makes a food permit issued to a new food establishment valid for 1 calendar year after the date of issuance,
not just food permits issued on or after September 1, 2023.
Authorizes DACS to establish a single permit renewal date for multiple food establishments owned by the
same entity.
Eliminates the FFS Act’s provision that authorizes the owner of 100 or more permitted food establishment
locations to elect to set the expiration of food permits for such establishments as December 31 of each
calendar year. (Section 48.)
15 See s. 286.101(1)(b), F.S.
16 Controlling interest means the possession of the power to direct or cause the direction of the management or policies of an
entity, whether through ownership of securities, by contract, or otherwise. A person or an entity that directly or indirectly has
the right to vote 25 percent or more of the voting interest of the company or is entitled to 25 percent or more of its profits is
presumed to possess a controlling interest. (Section 41.)
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For purposes of enforcing the FFS Act, the bill requires carriers engaged in interstate commerce and persons
receiving food in interstate commerce to retain all records for 3 years from the date of the record showing the
movement in interstate commerce of any food, and the quantity, and consignee thereof. (Section 49.)
The bill also authorizes DACS to enter into a written agreement with the owner of a food processing equipment,
food processing area, or food storage area to facilitate the destruction of any article found or suspected by DACS to
be in violation of the FFS Act. (Section 50.)
Mushroom Spores and Mycelium
The bill prohibits a person from transporting or offering to transport, importing into this state, selling or offering
for sale, furnishing, or giving away spores or mycelium capable of producing mushrooms or other material that
which will contain a controlled substance, including psilocybin or psilocyn, during its lifecycle. A violation of the
prohibition is a first degree misdemeanor. (Section 51.)
Plant-Based Products Labeled as “Milk,” “Meat,” “Poultry,” or “Eggs”
The bill requires DACS to adopt rules to enforce the U.S. Food and Drug Administration’s (FDA) standard of identity
for milk, as adopted in Florida law, to prohibit the sale of plant-based products labeled as milk in Florida. This
section in the bill is effective upon the enactment into law of a mandatory labeling requirement to prohibit the sale
of plant-based products labeled as milk by any 11 of the following 14 states: Alabama, Arkansas, Florida, Georgia,
Kentucky, Louisiana, Maryland, Mississippi, Oklahoma, South Carolina, Tennessee, Texas, Virginia, and West
Virginia. (Section 52.)
Similarly, the bill requires DACS to adopt rules to enforce the FDA's standard of identity for meat, poultry, poultry
products, eggs, and egg products to prohibit the sale of plant-based products labeled as meat, poultry, poultry
products, eggs or egg products in Florida. This section in the bill is also effective upon the enactment into law of a
mandatory labeling requirement to prohibit the sale of plant-based products labeled as meat, poultry, poultry
products, eggs, or egg products by any 11 of the 14 states listed in the group above. (Section 52.)
The bill requires DACS to notify the Division of Law Revision upon the enactment into law by any 11 of the 14
states in the group above of the mandatory labeling requirements. DACS is authorized to adopt rules to implement
these provisions. The bill provides that these provisions may not be construed to limit DACS’ authority to enforce
its other laws and regulations. (Section 52.)
For purposes of the above provisions, the bill provides that:
“Egg” and “egg product” have the same meaning as in 21 U.S.C. § 1033 and the Egg Products Inspection
Act.17
“Meat” has the same meaning as in 9 C.F.R. § 301.2 and the Federal Meat Inspection Act.18
“Milk” has the same meaning as in 21 C.F.R. § 31.110 and the Grade "A" pasteurized milk ordinance.19
“Poultry” and “Poultry Product” have the same meanings as in 9 C.F.R. § 381.1 and the Poultry Products
Inspection Act.20 (Section 52.)
Consumer Unit Pricing Act
The bill repeals Florida’s Consumer Unit Pricing Act. (Section 53.)
Veterinary Pathologists
17 21 U.S.C. § 1031, et seq.
18 21 U.S.C. § 601 et seq.
19 See U.S. Food and Drug Administration, Grade “A” Pasteurized Milk Ordinance: 2023 Revision (Feb. 2025),
https://www.fda.gov/media/180975/download?attachment (last visited Mar. 16, 2025).
20 21 U.S.C. § 451 et seq.
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The bill grants DACS the power and duty to foster and encourage the development and retention of veterinary
pathologists. The bill authorizes DACS to reimburse the educational expenses of qualified veterinary pathologists
who enter into an agreement with DACS to retain employment for a specified time. DACS is granted rulemaking
authority in the bill to administer these provisions. (Section 60.)
The bill also grants DACS the power and duty, subject to appropriations, to:
Extend state and national Future Farmers of American (FFA) opportunities to any public school student
enrolled in agricultural education, at little or no cost; and
Support statewide FFA programming that helps those students develop their potential for premier
leadership, personal growth, and career success. (Section 60.)
Contracts Procured by Other State Agencies
The bill authorizes DACS, notwithstanding certain provisions21 in Florida law, to use contracts procured by another
agency. For purposes of this authorization, the term “agency” means any of the various state officers, departments,
boards, commissions, divisions, bureaus, and councils and any other unit of organization, however designated, of
the executive branch of Florida’s government; the term, however, does not include the university and college
boards of trustees or the state universities and colleges.22 (Section 60.)
Bulk Renewal of Licenses
The bill authorizes DACS to:
Create a process for the bulk renewal of licenses which will allow licensees the ability, upon request, to
submit all license applications of the same type, notwithstanding any provisions of law applicable to each
application process.
Create a process that will allow licensees, upon request, to align the expiration date of licenses within a
statutory program.
Change the expiration dates for current licensees for the purpose of reducing large numbers of license
expirations that occur during the same month. (Section 62.)
Under the bill, DACS must prorate any licensing fee for which the term of the license was reduced for the purposes
of alignment. The bill authorizes DACS to adopt rules to implement these provisions. (Section 62.)
Boll Weevil Eradication
The bill repeals the Florida Boll Weevil Eradication Law. (Section 67.)
Retail Fuel Transfer Switch Modernization Grant Program
The bill creates a grant program within DACS to provide funds to retail fuel facilities for installing or modernizing
transfer switches that allow for use of backup power generation to ensure continuous fueling operations during a
power outage. The program is named the Florida Retail Fuel Transfer Switch Modernization Grant Program and is
subject to funding by the Legislature. (Section 56.)
The bill provides that grant funds may be used for installation and equipment costs. Retail fuel facilities in fiscally
constrained counties23 are eligible for up to $10,000 to cover costs for transfer switch purchase and installation.
Retail fuel facilities in all other counties are eligible for up to $5,000 to cover these costs. Prior to being awarded
21 The provisions include ss. 287.042 and 287.057, F.S.
22 S. 287.012(1), F.S.
23 A fiscally constrained county, as defined in s. 218.67, F.S., is a “county that is entirely within a rural area of opportunity as
designated by the Governor pursuant to s. 288.0656 or each county for which the value of a mill will raise no more than $5
million in revenue, based on the taxable value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1.”
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9
funding, a retail fuel facility must provide DACS with documentation on transfer switch installation and required
generator sizing. Facilities that are awarded grants must comply with requirements in Florida law for maintaining
alternate generated power capacity and must install a transfer switch capable of operating all fuel pumps,
dispensing equipment, life safety systems, and payment acceptance equipment.
The following retail fuel facilities are not eligible for grant funding under this program:
Marinas and facilities with fewer than 4 fueling positions.
Newly constructed or substantially renovated retail fuel facilities, as described in s. 526.143(2), F.S.
Registration of Petroleum Transportation
The bill requires DACS to create an annual registration program for owners and operators of vehicles used to
transport petroleum products. The bill requires DACS to adopt registration requirements by rule. The registration
must be free for all participants.
The bill authorizes DACS to require registrants to provide updates on the status of infrastructure, inventory, and
delivery information during a state of emergency declared by the Governor. (Section 55.)
Packaging Information
The bill requires that each package that is one of a lot containing random weights of the same commodity must
bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight and
the total retail price of the package, as defined by DACS rule. (Section 57.)
The bill also makes technical changes to an existing law related to advertising packages for sale. (Section 58.)
Regulation of Antifreeze
The bill expands DACS’ jurisdiction over the registration, labelling, and inspection of antifreeze by modifying the
definition of antifreeze to include coolants used to cool components of any motor vehicles, including electric
vehicles. (Section 54.)
Accordingly, each brand of a substance or preparation distributed in the state for use in cooling any component of
a motor vehicle, regardless of vehicle technology, must be registered with DACS and is subject to DACS’ authority to
inspect such products and verify their proper labelling. In addition to traditional antifreeze/engine coolant
products, the revised definition in the bill appears to include EV battery coolants. However, it may also be
interpreted to include transmission fluids and brake fluids, as such products aid in preventing overheating of
motor vehicle components.24
Electric Vehicle Charging Station Regulation
The regulation of electric vehicle charging stations is preempted to the state pursuant to s. 366.94, F.S., and such
regulation is under DACS jurisdiction. The bill clarifies the definition of "electric vehicle charging station" to be the
area in the immediate vicinity of electric vehicle supply equipment, other supporting equipment, and associated
parking spaces. The bill allows DACS to adopt additional rules to protect the public health, safety, and welfare and
establish standards for the placement, design, installation, maintenance, and operation of electric vehicle charging
stations. (Section 7.)
24 See, e.g., Mister Transmission, The Essential Guide To Cooling Transmission Fluid: Keeping Your Car Healthy, (Mar. 22, 2024),
https://www.mistertransmission.com/the-essential-guide-to-cooling-transmission-fluid-keeping-your-car-
healthy/#:~:text=Transmission%20fluid%20does%20more%20than,smooth%20operation%20of%20your%20vehicle (last
visited Mar. 16, 2025); Romeoville Toyota, Stop Right There: Understanding the Importance of Brake Fluid, (Feb. 12, 2021),
https://www.romeovilletoyota.com/stop-right-there-understanding-the-importance-of-brake-fluid/ (last visited Mar. 16,
2025).
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The bill creates the following requirements and enforcement authority:
Local governmental entities shall issue permits for electric vehicle charging stations based solely upon
standards in rule and state law.
Before a charger is placed into service for use by the public, the charger must be registered with DACS on a
DACS form.
DACS has the authority to inspect electric vehicle charging stations, conduct investigations, and enforce
laws and rules by imposing one or more of the following penalties against a person by:
o Issuing of a warning letter.
o Imposing an administrative fine in the Class II category pursuant to s. 570.971, F.S. for each
violation.
If DACS determines that an electric vehicle charging station or any associated equipment presents a threat
to the public health, safety, or welfare, DACS may issue an immediate final order prohibiting the use of the
electric vehicle charging station or any portion thereof.
DACS may bring a legal action to enjoin a violation (prevent a violation) in the circuit court. The court may
immediately issue the temporary or permanent injunction upon demonstration of certain evidence by
DACS. (Section 7.)
Licenses for Certain Shows
The bill eliminates the reference to “minstrel” shows in current Florida law. (Section 73.)
Florida Farmer Financial Protection Act
The bill creates the Florida Farmer Financial Protection Act (FFFP Act), which prohibits a financial institution from
denying or restricting services to an agriculture producer where the denial or restriction is based, in whole or in
part, on an ESG factor. (Section 74.)
A financial institution, including any affiliate or subsidiary thereof, is subject to the FFFP Act if the institution:
Is authorized to do business in Florida;
Has total assets of more than $100 million; and
Offers financial services, which is defined in the bill as any product or service that is of a financial nature
and offered by a financial institution. (Section 74.)
Under the bill, if a financial institution has made any ESG commitment related to agriculture, there is an inference
that the financial institution has violated the FFFP Act. A financial institution may overcome that inference,
however, by demonstrating that its denial or restriction of financial services was based solely on documented risk
analysis, and not on an ESG factor. (Section 74.)
For purposes of the FFFP Act, the bill creates definitions for the following terms:
“Agriculture producer” means a person or company that is:
o Authorized to do business in Florida, and
o Engaged in the production of goods derived from plants or animals, which includes, but is not
limited to, the growing of crops, silviculture, animal husbandry, or the production of livestock or
dairy products.
“Denies or restricts” means refusing to provide services, terminating existing services, or restricting or
burdening the scope or nature of services offered or provided.
“ESG factor” means:
o Any factor or consideration that is collateral to (or not reasonably likely to affect or impact)
financial risk, and
o Includes the promotion, furtherance, or achievement of environmental, social, or political goals,
objectives, or outcomes, which may include the agriculture producer’s greenhouse gas emissions,
use of fossil-fuel derived fertilizer, or use of fossil-fuel powered machinery. (Section 74.)
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The bill authorizes the Attorney General, in consultation with the Office of Financial Regulation, to enforce the
FFFP Act. Further, any violation of the FFFP Act constitutes an unfair trade practice under the Florida Deceptive
and Unfair Trade Practices Act. Under the bill, the Attorney General is authorized to investigate and seek remedies
as provided in general law. (Section 74.)
The bill also provides that actions for damages may be sought by an aggrieved party, which creates a private right
of action for a violation of the FFFP Act. (Section 74.)
Concealed Weapons and Preemption of Firearm Regulations
The bill requires DACS to, upon notification by a law enforcement agency, court, clerk’s office, or the Florida
Department of Law Enforcement (FDLE), temporarily suspend a concealed weapons or concealed firearms license
(CWL) or the processing of an application for a CWL if the licensee or applicant is arrested or formally charged
with a crime that would disqualify such person from having a CWL until final disposition of the case. (Section 76.)
The bill also requires DACS to notify a CWL holder whose license was suspended, or a CWL applicant for whom
DACS suspended the processing of an application for a CWL, of his or her right to a hearing pursuant to ch. 120, F.S.
The bill requires a hearing conducted regarding the temporary suspension to be for the limited purpose of
determining whether the CWL licensee or applicant has been arrested or charged with a disqualifying crime or
issued an injunction or court order. If the criminal case or injunction results in a non-disqualifying disposition,
DACS must issue an order lifting the suspension upon the CWL licensee’s or applicant’s submission to DACS of a
certified copy of the final resolution. If the criminal case results in a disqualifying disposition, the suspension
remains in effect and DACS must proceed with denial or revocation proceedings pursuant to ch. 120, F.S. (Section
76.)
The bill provides the above provisions do not limit, restrict, or inhibit the constitutional right to bear arms and
carry a concealed weapon in this state; finds that it is a matter of public policy and public safety to ensure that
potentially disqualifying information about a CWL licensee or applicant is investigated and processed in a timely
manner by DACS; and charges DACS with making an eligibility determination and issuing a license in the particular
time frames prescribed by the bill. (Section 76.)
Under the bill, if a criminal history screening identifies criminal history information related to a crime that may
disqualify a CWL applicant, but the information does not contain a final disposition of the crime or lacks sufficient
information to make an eligibility determination, the 90-day extension under current law may be extended for an
additional 90 days after the receipt of the information. DACS may make a request for information to the jurisdiction
where the criminal history information originated, but must issue a CWL if it does not obtain a disposition or
sufficient information to make an eligibility determination within the additional 90 days, if the CWL applicant is
otherwise eligible. (Section 76.)
Fuel Theft
The bill makes it a third degree felony to willfully, knowingly, and without authorization:
Possess or use any form of a payment instrument that can be used, alone or in conjunction with another
device, to authorize a fuel transaction or obtain fuel, including, but not limited to, a plastic payment card
with a magnetic stripe or chip encoded with account information;
With the intent to defraud the fuel retailer, authorized payment instrument account holder, or the banking
institution that issued the payment instrument financial account. (Section 77.)
The bill also makes it a second degree felony25 to willfully, knowingly, and without authorization physically tamper
with, manipulate, remove, replace, or interrupt any mechanical or electronic component located on the external
portion of a retail fuel dispenser. (Section 77.)
25 A second degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082, 775.083, or 775.084,
F.S.
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Mail Theft
The bill provides that the following acts constitute mail theft:
Removing mail26 from a mail depository27 or taking mail from a mail carrier of a postal service28 with the
intent to commit a theft in violation of s. 812.014, F.S..
Obtaining custody of mail by fraud or deception with the intent to commit a theft in violation of s. 812.014,
F.S.
Selling, receiving, possessing, transferring, buying, or concealing mail obtained by either of the two
methods described above, while knowing or having reason to know the mail was obtained illegally.
(Section 78.)
The bill also provides that the following acts constitute theft of, or unauthorized reproduction of, a mail depository
key or lock:
Theft or obtaining by false pretense, any key or lock adopted by a postal service for a mail depository or
other authorized receptacle for the deposit or delivery of mail.
Knowingly and unlawfully making, forging, or counterfeiting any key described above or possessing any
such key or lock adopted by a postal service, with the intent to unlawfully or improperly use, sell, or
otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold,
or otherwise disposed. (Section 78.)
Under the bill, a first violation of the above provisions constitutes a first degree misdemeanor. A second or
subsequent violation constitutes a third degree felony. (Section 78.)
Facilities for Agricultural Education
The bill prohibits a local government from adopting any ordinance, regulation, rule, or policy to prohibit, restrict,
regulate, or otherwise limit any activities of public educational facilities and auxiliary facilities constructed by a
board for agricultural education, for Future Farmers of America or 4-H activities, or the storage of any animals or
equipment. (Section 80.)
The bill also provides that lands used for agricultural education or for Future Farmers of America or 4-H activities
shall be considered agricultural lands. (Section 80.)
The bill reenacts several provisions of existing law to incorporate the amendments made by the bill. (Sections 81–
91)
Unless otherwise provided, the bill has an effective date of July 1, 2025. (Section 92.)
RULEMAKING:
The bill authorizes DACS to adopt rules related to electric vehicle charging stations. (Section 7.)
The bill authorizes DACS to adopt rules to implement the Florida Retail Fuel Transfer Switch Modernization Grant
Program created by the bill, including rules that establish an application process, deadlines, and required
supporting documentation. (Section 56.)
The bill grants DACS rulemaking authority to establish an enrollment by rule process for best management
practices (BMPs) that agricultural pollutant sources and agricultural producers may use instead of certain other
DACS’ BMPs. (Section 30.)
26 “Mail” means any letter, postal card, parcel, envelope, package, bag, or any other sealed article addressed to another, along
with its contents.
27 “Mail depository” means a mail box, letter box, mail route, or mail receptacle of a postal service, an office of a postal service,
or mail carrier of a postal service, or a vehicle of a postal service.
28 “Postal service” means the United States Postal Service or its contractors, or any commercial courier that delivers mail.
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13
Under the bill, the attestation statements required under the Florida Solicitations of Contributions Act and Honest
Services Registry must be submitted on a form prescribed by DACS. The bill also grants DACS general rulemaking
authority to implement the provisions in the bill relating to the Florida Solicitations of Contributions Act and
Honest Services Registry. (Sections 42 and 46.)
The bill authorizes DACS to adopt rules to administer the bill’s requirement that DACS foster and encourage the
employment and retention of qualified veterinary pathologists in the state. (Section 60.)
The bill authorizes DACS to adopt rules for bulk licensing renewal processes. (Section 62.)
The bill authorizes DACS to adopt rules, including emergency rules, to implement a silviculture emergency
recovery program. The bill provides that emergency rules adopted under this authority are effective for six months
and may be renewed during the process of adopting permanent rules addressing the same subject. (Section 65.)
The bill requires DACS to adopt rules establishing registration requirements for the annual petroleum registration
program created by the bill. (Section 55.)
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 provisions in this bill pose an indeterminate positive fiscal impact to DACS.29 Benefit costs for the
reclassification of certain DACS personnel will have an indeterminate fiscal impact on the department.
The bill creates new misdemeanors for illegal activities relating to drones on agricultural land, the distribution of
certain mushroom spores, and mail theft. The bill also creates felonies for possession of any form of payment used
to defraud fuel retailers or tamper with components of retail fuel dispensers. This may have an indeterminate
impact on the Florida Department of Law Enforcement and the Florida Department of Corrections.
Overall, the bill may have an indeterminate negative impact on state government expenditures due to the cost of
implementing new and expanded regulatory programs and grant programs.
LOCAL GOVERNMENT:
The bill may have an indeterminate, potentially negative impact on local government revenues by providing that
all lands used for agricultural education or for Future Farmers of America or 4-H activities must be considered
agricultural lands, which may be subject to lower ad valorem tax rates.
PRIVATE SECTOR:
Food distributors may incur costs associated with the proper labeling of plant-based products that currently have
the words “meat,” “milk,” “poultry,” “poultry product,” “egg,” or “egg product” in their labels.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Classification of Agricultural Lands
29 Email from Thomas Poucher, Deputy Commissioner of Office and Policy and Budget, Department of Agriculture and
Consumer Services, RE: HB 651 – Fiscal Impact, (March 28, 2025).
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14
A property appraiser classifies all lands as either agricultural or nonagricultural. Agricultural lands are those used
primarily for bona fide agricultural purposes30 such as horticulture, viticulture, forestry, and farming.31 Only the
area of the land used for agricultural purposes benefits from the agricultural classification.
A property appraiser must reclassify lands as nonagricultural if the lands are diverted from an agricultural to a
nonagricultural use or are no longer used for agricultural purposes. There are certain protections for agricultural
classifications when land is temporarily not being used for agriculture due to a natural disaster or in compliance
with certain state agriculture programs.32
Agricultural lands are taxed at a value based solely on their agricultural use,33 which requires a property appraiser
to use a different analysis to value the land than that used to determine the just value of land.34 Lands classified as
agricultural also enjoy certain benefits and protections, such as a preemption on local government restrictions of
farming on those lands35 and limits on nuisance complaints related to farming activities.36
State Acquisition of Property and Property Rights
In property law, a fee simple acquisition is an outright purchase of land. A “less than fee simple” acquisition refers
to the purchase of limited property rights, often for purposes of conserving and protecting resources on the
property at less cost than purchasing the land outright.37
As an example of less than fee simple acquisitions, DACS, through the Rural and Family Lands Protection Program,
is authorized to acquire permanent agricultural land conservation easements.38 Under this program, DACS, on
behalf of the Board of Trustees of the Internal Improvement Trust Fund (Board), is authorized to allocate funds to
acquire perpetual, less than fee simple interests in land and enter into agricultural protection agreements and
resource conservation agreements.39 These arrangements compensate property owners for restrictions on the
future development of their land in perpetuity while allowing them to continue agricultural activities.40 Property
owners may apply to DACS to be included in the program’s approved acquisition list.41 To qualify for acquisition
under the program, the agricultural land must protect the integrity and function of working landscapes, ensure
opportunities for viable agricultural activities on working lands threatened by conversion to other uses, and meet
certain public purposes.42 The program is voluntary; upon written request from a property owner, DACS must
remove the owner’s property from any lists or maps developed to implement the program.43
In general, the Board is responsible for determining which state-owned lands are surplus and should be disposed
of.44
Prohibited Uses of Unmanned Aircraft
30 “Bona fide agricultural purposes” means good faith commercial agricultural use of the land. S. 193.461(3)(b), F.S.
31
S. 193.461(5), F.S.
32
S. 193.461(7), F.S.
33 Art. VII, s. 4(a), Fla. Const.
34
S. 193.461(6)(c), F.S.
35
S. 163.3162, F.S.
36
See s. 823.14, F.S.
37 The Florida Senate, Committee on Environmental Preservation and Conservation, Issue Brief 2011-217, Florida Forever’s
Land Acquisition Using Less-Than-Fee Methods, October 2010,
https://www.flsenate.gov/UserContent/Session/2011/Publications/InterimReports/pdf/2011-217ep.pdf (last visited March
6, 2025).
38 Department of Agriculture and Consumer Services (DACS), Rural and Family Lands Protection Program,
https://www.fdacs.gov/Consumer-Resources/Protect-Our-Environment/Rural-and-Family-Lands-Protection-Program (last
visited March 6, 2025).
39 S. 570.71, F.S.
40 Id. See also DACS, supra note 10.
41 DACS, supra note 10.
42 S. 570.71, F.S.
43 Id.
44 S. 253.0341(1), F.S.
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Under Florida law, a person may not knowingly or willfully operate a drone over specified critical infrastructure
facilities,45 allow a drone to contact these facilities or persons or objects on the premises, or allow a drone to come
within a distance close enough to interfere with operation of these facilities or cause a disturbance. Similarly, a
person may not knowingly or willfully operate a drone over a public or private school or make contact with a
school or persons or objects on the premises. First time violations of these prohibitions are second degree
misdemeanors, while subsequent violations are first degree misdemeanors, though these charges are upgraded if
the drone operator also records video of a school or persons or objects on the school’s premises.46
For purposes of these prohibitions, a drone is defined as a powered, aerial vehicle that:
Does not carry a human operator;
Uses aerodynamic forces to provide vehicle lift;
Can fly autonomously or be piloted remotely;
Can be expendable or recoverable; and
Can carry a lethal or nonlethal payload.47
Exceptions to these prohibitions are provided for owners or operators of critical infrastructure facilities, persons
acting with prior written consent, law enforcement acting in compliance with Florida law related to search and
seizure using a drone, and governmental entities.48
Further, Florida law generally prohibits the use of drones to record images with the intent to conduct surveillance
of privately owned real property or persons legally on such property, absent written consent of the person or
property owner.49 The law provides several exceptions for specific uses, including the use of a drone to perform
“reasonable tasks” within the scope or practice or activities permitted under a state-issued license by a person or
an entity engaged in a business or profession licensed by the state, or by the person or entity’s agent, employee, or
contractor. This exception does not apply to a profession in which the licensee’s authorized scope of practice
includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations,
associations, transactions, reputation, or character of any society, person, or group of persons.50 Other exceptions
are made for certain activities by law enforcement, government entities conducting disaster assessments, property
appraisers, utilities, aerial mapping, cargo delivery, communications service providers, and state government
employees in the performance of specified duties.51
Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program
Following the devastation of Hurricane Idalia in 2023, the Florida legislature passed CS/HB 1-C to provide relief to
those affected by the hurricane.52 Among other things, the law established the Agriculture and Aquaculture
Producers Natural Disaster Recovery Loan Program within DACS to make loans to agriculture and aquaculture
producers who experience damage or destruction from a declared natural disaster. Loan funds may be used to
restore, repair, or replace essential physical property or remove vegetative debris from essential physical
property.53
Under the program, DACS is authorized to make low-interest or interest-free loans of up to $500,000 to eligible
applicants. An approved applicant may receive no more than one loan per declared disaster, two loans per year,
and five loans within any 3-year period. The term of each loan is 10 years.54 To be eligible, an applicant must:
45 For purposes of this law, “critical infrastructure facilities” are defined in s. 330.41(2)(a), F.S.
46 S. 330.41, F.S.
47 S. 330.41(b), F.S., cross-referencing the definition provided in s. 934.50(2)(a), F.S.
48 S. 330.41, F.S.
49 S. 934.50(3)(b), F.S.
50 S. 934.50(4)(i), F.S.
51 S. 934.50(4), F.S.
52 Ch. 2023-349, Laws of Fla., codified at s. 570.822, F.S.
53 Id.
54 Id.
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Own or lease a bona fide farm operation that is located in a county that experienced a declared natural
disaster and that was damaged or destroyed as a result of the declared natural disaster; and
Maintain complete and acceptable farm records, pursuant to criteria published by DACS, and present them
as proof of production levels and bona fide farm operations.55
The loan program expires on July 1, 2043, unless reviewed and saved from repeal by the Legislature.56
In the same bill, the Legislature appropriated $37.5 million in nonrecurring funds to administer a cost-sharing
grant program to assist timber landowners in specified counties whose timber land was damaged as a result of
Hurricane Idalia. Grants made to eligible timber landowners must be for up to 75 percent of the costs for site
preparation and tree replanting on lands classified as agricultural lands under s. 193.461, Florida Statutes. The
maximum grant award is $250,000. Site preparation work may include downed tree removal by a variety of
methods, including mechanical harvesting or prescribed burns authorized by the Florida Forest Service.57
Viticulture
“Wine” is defined in Florida law as all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added.58 “Viticulture” refers only to the production and
utilization of grapes.59
Florida law creates a Viticulture Advisory Council (Council) within DACS. The primary responsibility of the Council
is to provide annually industry recommendations for viticultural research, promotion, and education to the
Commissioner of Agriculture.60 The Commissioner, in consultation with the Council, develop and coordinate the
implementation of the State Viticulture Plan, which identifies problems in the viticulture industry, propose
possible solutions to those problems, and develop planning mechanisms for orderly growth of the industry.61
DACS also administers the Florida Farm Winery Program, under which a winery may qualify as a tourist attraction
if it is registered with and certified by DACS as a Florida Farm Winery. Upon request of a certified Florida Farm
Winery, the Department of Transportation must acquire and place Florida Farm Winery logo, emblem, and
directional signs on the rights-of-way of interstate highways and primary and secondary roads, with the costs for
placing each sign paid by the winery.62
Citrus Regulation
In 2006, the Legislature replaced DACS’ citrus canker eradication program with a comprehensive citrus health plan
aimed at minimizing the impact of exotic citrus pests and diseases.63 As a result of these changes, Florida law
prohibits any person from propagating for sale or movement any citrus nursery stock that was not propagated or
grown on a site and within a protective structure approved by DACS and that is not at least one mile from
commercial citrus groves.
The law requires DACS to establish regulated areas around the perimeter of commercial citrus groves established
after April 1, 2006, not to exceed a one mile radius, in which planting of citrus is prohibited. For groves established
before April 1, 2006, planting within a one mile radius must be approved by DACS. In regulated areas, DACS must
require removal of infected or infested citrus, non-approved planted citrus, and citrus that has sprouted by natural
55 “Bona fide farm operations” are defined in s. 570.822(1)(a), F.S.
56 S. 570.822(10), F.S.
57 Ch. 2023-349, s. 24, Laws of Fla.
58 S. 564.01, F.S.
59 S. 599.001, F.S.
60 S. 599.002, F.S.
61 S. 599.003, F.S.
62 S. 599.004, F.S.
63 Ch. 2006-45, Laws of Fla.
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17
means. The law establishes a process by which DACS may issue an immediate final order and notify property
owners of any required removal.64
Mosquito Control
By the mid-1920s, mosquito control programs were beginning to form in the state to locally control mosquitoes
and protect public health in their regions. Today, Florida has over 60 state-approved mosquito control programs.65
Mosquito control programs work to suppress populations of mosquitoes by implementing “integrated mosquito
management.” This process involves crucial methods for mosquito abatement, including population surveillance,
source reduction, and various types of treatments for immature and adult mosquitoes. As licensed pesticide
applicators, mosquito control programs are regulated by DACS.66
Florida’s Water Resources
All groundwater and surface water in Florida is a public resource.67 It is this state’s policy to promote the
conservation and proper utilization of surface and groundwater;68 “promote the availability of sufficient water for
all existing and future reasonable-beneficial uses and natural systems;”69 and “to protect, maintain, and improve
the quality [of the waters of the state] for public water supplies, for the propagation of wildlife and fish and other
aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses and to provide that no
wastes be discharged into any waters of the state without first being given the degree of treatment necessary to
protect the beneficial uses of such water.”70
Total Maximum Daily Load
If Florida’s Department of Environmental Protection (DEP) determines that any waters are impaired,71 the
waterbody or segment must be placed on the verified list of impaired waters (Verified List) and a total maximum
daily load (TMDL) must be calculated.72 A TMDL is the science-backed maximum amount of a pollutant that a
waterbody or segment may take in and still maintain water quality standards.73 DEP is the lead agency that
coordinates the development and implementation of TMDLs.74
The Florida Watershed Restoration Act75 guides the development and implementation of TMDLs.76 TMDLs must
include reasonable and equitable pollutant load allocations between or among point sources (e.g., pipes and
culverts discharging from a permitted facility, such as a domestic wastewater treatment facility) and nonpoint
sources (e.g., agriculture, septic tanks, golf courses) that will alone, or in conjunction with other management and
64 S. 581.1843, F.S.
65 Department of Agriculture and Consumer Services, Florida Mosquito Control, available at https://www.fdacs.gov/Business-
Services/Mosquito-Control/Mosquitoes-General-Information (last visited Mar.14, 2025).
66 See ch. 388, F.S.
67 Ch. 373, F.S.
68 S. 373.016(3)(b), F.S.
69 S. 373.016(3)(d), F.S.
70 Ss. 373.016(3)(h) and 403.021(2), F.S.
71 A body of water is considered impaired if its contaminated by pollutants. California Office of Environmental Health Hazard,
Impaired Water Bodies, https://oehha.ca.gov/calenviroscreen/indicator/impaired-water-
bodies#:~:text=When%20water%20is%20contaminated%20by,or%20near%20the%20water%20body. (last visited Mar. 15,
2025).
72S. 403.067(1), F.S.; Department of Environmental Protection, Verified List Waterbody Ids (WBIDs),
https://geodata.dep.state.fl.us/datasets/FDEP::verified-list-waterbody-ids-wbids/about (last visited Mar. 15, 2025); and s.
403.067(4), F.S.
73 S. 403.031(20), F.S.
74 S. 403.061, F.S. The Department of Environmental Protection (DEP) has the power and duty to control and prohibit the
pollution of air and water in accordance with the law and rules adopted and promulgated by it. Florida law allows DEP to
advise, consult, cooperate, and enter into agreements with other state agencies, the federal government, other states,
interstate agencies, and certain other parties. S. 403.061(22), F.S.
75 Ch. 99-223, Laws of Fla.
76 S. 403.067, F.S.
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restoration activities, reduce pollutants and achieve water quality standards.77 As of December 2023, 459 TMDLs
had been established for impaired waters in Florida.78
Basin Management Action Plans
Once a TMDL is adopted,79 DEP may develop and implement a basin management action plan (BMAP), which is a
restoration plan for the watersheds and basins connected to the impaired waterbody80 that is included on DEP’s
Verified List. BMAPs are one of the primary mechanisms DEP utilizes to achieve TMDLs, and a BMAP addresses the
pollutant causing the impairment.81
Each new or revised BMAP must include:
The appropriate management strategies available through existing water quality protection programs to
achieve TMDLs;
A description of best management practices adopted by rule;
For the applicable 5-year milestone, a list of projects that will achieve the pollutant load reductions needed
to meet the TMDL or established load allocations with a planning-level cost estimate and estimated date of
completion for each listed project;
The source and amount of financial assistance to be made available by DEP, a water management district,
or other entity for each listed project, if applicable; and
A planning-level estimate of each listed project’s expected load reduction, if applicable.82
BMAPs must include 5-year milestones for implementation and water quality improvement, as well as a water
quality monitoring component to evaluate whether reasonable progress is being achieved over time.83 An
assessment of progress must be conducted every 5 years, and revisions to the BMAP must be made as
appropriate.84
Best Management Practices
A best management practice (BMP) is a means, practice or combination of practices determined by the
coordinating agencies, that is based on research, field testing and expert review, to be the most effective and
practicable on-location means, including economic and technological considerations, for improving water quality
in agricultural and urban discharges.85 BMPs for agricultural discharges must reflect a balance between water
quality improvements and agricultural productivity.86
Categories of practices include:
Nutrient management to determine nutrient needs and sources and manage nutrient applications to
minimize impacts to water resources.
Irrigation management to address the method and scheduling of irrigation to reduce water and nutrient
losses to the environment.
77 S. 403.067(6)(b), F.S.
78 Office of Economic & Demographic Research, Annual Assessment of Florida’s Water Resources: Quality, p. 5 (2024 Edition),
http://edr.state.fl.us/Content/natural-resources/2023_AnnualAssessmentWaterResources_Chapter4.pdf (last visited Mar. 15,
2025).
79 S. 403.067(6)(c), F.S.
80 S. 403.067(7)(a)1., F.S.
81 Department of Environmental Protection: Division of Environmental Assessment and Restoration, Guidance on Developing
Restoration Plans as Alternatives to TMDLs – Assessment Category 4b and 4e Plans, p. 2 (June 2015)
https://floridadep.gov/sites/default/files/4b4ePlansGuidance.pdf (last visited Mar. 15, 2025).
82 S. 403.067(7)(a)4., F.S.
83 S. 403.067(7)(a)6., F.S.
84 Id.
85 S. 403.4595(2)(a), F.S.
86 Id.
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Water resource protection using buffers, setbacks and swales to reduce or prevent the transport of
sediments and nutrients from production areas to water bodies.87
DACS' Office of Agricultural Water Policy (Office) develops and adopts BMPs by rule for different types of
agricultural commodities.88 Through the implementation of applicable BMPs adopted by DACS, agricultural
producers in Florida reduce their impacts to water quality.89 At least every 2 years, DACS must perform onsite
inspections of each agricultural producer that enrolls in a BMP to ensure that such practice is being properly
implemented.90 Such verification must include a collection and review of the BMP documentation from the
previous 2 years required by rule, including, but not limited to, nitrogen and phosphorus fertilizer application
records, which must be collected and retained.91
Safe Drinking Water Act
The federal Safe Drinking Water Act92 (SDWA) was originally passed by Congress in 1974 to protect public health
by regulating the nation’s public drinking water supply.93 The law was amended in 1986 and 1996 and requires
many actions to protect drinking water and its sources, such as rivers, lakes, reservoirs, springs, and ground water
wells.94 However, the SDWA does not regulate private wells which serve fewer than 25 individuals. The SDWA
authorizes the U.S. Environmental Protection Agency (EPA) to set national health-based standards for drinking
water to protect against both naturally-occurring and man-made contaminants that may be found in drinking
water.95
Originally, the EPA primarily enforced compliance with the SDWA, but now the EPA primarily oversees the state
programs approved to take its place.96 The SWDA requires all states to adopt all new and revised regulations under
the SWDA.97 Florida’s codification of the SWDA can be found in ch. 403, F.S. In Florida, DEP is the primary agency
for enforcing compliance with the SDWA.98 However, the Florida Department of Health oversees SDWA programs
in six Florida counties, which include Hillsborough, Miami-Dade, Palm Beach, Polk, Sarasota, and Volusia.99
Water Treatment
Water utilities often use a series of water treatment steps to remove harmful germs and chemicals and meet safety
standards, which ensures the tap water in a community is safe to drink.100 Different utilities will use different
treatment steps depending on the initial quality of the water being treated.101 Typically, the water treatment steps
87 Department of Agriculture and Consumer Services, Agricultural Best Management Practices,
https://www.fdacs.gov/Agriculture-Industry/Water/Agricultural-Best-Management-Practices (last visited Mar. 14, 2025).
88 Id.
89 Id.
90 S. 403.607(7)(d)3., F.S.
91 Id.
92 42 U.S.C. § 300f et seq.
93 U.S. Environmental Protection Agency, Overview of the Safe Drinking Water Act (Jan. 2025),
https://www.epa.gov/sdwa/overview-safe-drinking-water-act (last visited Mar. 14, 2025).
94 42 U.S.C. § 300f(4)(C). See also U.S. Environmental Protection Agency, Overview of the Safe Drinking Water Act (Jan. 2025),
https://www.epa.gov/sdwa/overview-safe-drinking-water-act (last visited Mar. 14, 2025).
95 U.S. Environmental Protection Agency, Overview of the Safe Drinking Water Act (Jan. 2025),
https://www.epa.gov/sdwa/overview-safe-drinking-water-act (last visited Mar. 14, 2025).
96 Olexa, Michael T., Borisova, Caracciolo, 2021 Handbook of Florida Water Regulation: Safe Drinking Water Act (June 21, 2021),
p. University of Florida Institute of Food and Agricultural Sciences: Publication #FE587,
https://edis.ifas.ufl.edu/publication/FE587 (last visited Mar. 14, 2025).
97 Id.
98 Id.
99 Id.
100 U.S. Centers for Disease Control and Prevention, Drinking Water: How Water Treatment Works,
https://www.cdc.gov/drinking-water/about/how-water-treatment-works.html (last visited Mar. 14, 2025).
101 Id.
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are, in this order, coagulation, flocculation, sedimentation, filtration, and disinfection.102 Water treatment plants
commonly adjust water pH after the disinfection step.103 Adjusting the pH improves taste, reduces corrosion
(breakdown) of pipes, and helps chemical disinfectants continue killing germs as the water travels through
pipes.104
Fluoride in Drinking Water
In addition to adjusting water pH, water treatment plans also add fluoride to the water after the disinfection step in
the water treatment process.105 Almost all water contains some naturally occurring fluoride, but usually at levels
too low to prevent cavities.106 The recommended fluoride concentration in drinking water, also called the optimal
level, is 0.7 milligrams of fluoride per liter of water.107 Tooth decay is one of the most common health problems
affecting children today.108 Studies show that widespread community water fluoridation can help prevent cavities
and save money, both for families and the health care system.109 In fact, drinking fluoridated water reduces cavities
by about 25% in children and adults.110
Pest Control and Pesticide Licensing and Certification
For structural pest control (pest control provided to homes or other structures), Florida law requires that each
pest control business location must:
Be licensed by DACS;
Carry the required insurance coverage ($250,000 per person and $500,000 per occurrence for bodily
injury and $250,000 per occurrence and $500,000 in the aggregate for property damage, or a combined
single limit coverage of $500,000 in the aggregate); and
Employ full-time a Florida-certified operator in charge of the pest control operations of the business
location. This operator must be certified in the categories in which the business operates, which may
include one or more of the following:
o General Household Pest and Rodent Control.
o Termite and Other Wood-Destroying Organisms Control.
o Lawn and Ornamental Pest Control.
o Fumigation.111
A certified operator is an individual who has passed an examination administered by DACS in any of four
certification categories listed above. A person can be certified in one or more of these categories.
102 For more information on the different steps in the water treatment process, see U.S. Centers for Disease Control and
Prevention, Drinking Water: How Water Treatment Works, https://www.cdc.gov/drinking-water/about/how-water-
treatment-works.html (last visited Mar. 14, 2025).
103 Id.
104 Id.
105 U.S. Centers for Disease Control and Prevention, About Community Water Fluoridation,
https://www.cdc.gov/fluoridation/about/index.html#cdc_health_safety_special_topic_how-how-it-works (last visited Mar. 14, 2025).
106
Id.
107
Id.
108
Medical News Today, Why do we have fluoride in our water? (Feb. 21 2018),
https://www.medicalnewstoday.com/articles/154164#uses (last visited Mar. 14, 2025)
109
U.S. Centers for Disease Control and Prevention, About Community Water Fluoridation,
https://www.cdc.gov/fluoridation/about/index.html#cdc_health_safety_special_topic_how-how-it-works (last visited Mar. 14, 2025).
110
U.S. Centers for Disease Control and Prevention, Community Water Fluoridation Fast Facts,
https://www.cdc.gov/fluoridation/about/index.html#cdc_health_safety_special_topic_how-how-it-works (last visited Mar. 14, 2025).
111 DACS, Pest Control Licensing and Certification, https://www.fdacs.gov/Business-Services/Pest-Control/Licensing-and-
Certification (last visited Mar. 15, 2025).
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A company’s pest control operations are the responsibility of the certified operator in charge and the business
operations are limited to the category (or categories) of certification possessed by the operator (or operators) in
charge at the business location.112
DACS also administers four Limited Certification Categories:
Commercial Landscape Maintenance applicators.
Governmental or Private applicators.
Commercial Urban Fertilizer applicators.
Commercial Wildlife Management.113
None of these certifications allows the operation of a commercial pest control business.
DACS also administers the Florida Pesticide Law114 (FPL) for purposes of regulating the distribution, sale, and use
of pesticides in the state. Among other things, the FPL requires that each brand of pesticide distributed or sold in
the state must be registered with DACS.115 The FPL also requires DACS to issue certified applicator licenses for
public, private, commercial, and specially designated classes of restricted-use pesticide116 applicators, subject to
examination by DACS.117 DACS is authorized to impose specified penalties for violations of the FPL.118
Solicitations of Contributions Act
Organizations intending to solicit donations in Florida are required to register with DACS pursuant to the
Solicitation of Contributions Act (SCA).119 The SCA contains basic registration, financial disclosure, and notification
requirements for charitable organizations120 and sponsors,121 fundraising consultants, and solicitors.
112 DACS, Pest Control FAQ, https://www.fdacs.gov/Business-Services/Pest-Control/Pest-Control-FAQ (last visited Mar. 15,
2025).
113 DACS, supra note 41.
114 Part I, ch. 487, F.S.
115 S. 487.031, F.S.
116 As defined for purposes of the Florida Pesticide Law, “restricted-use pesticide” means a pesticide which, when applied in
accordance with its directions for use, warnings, and cautions and for uses for which it is registered or for one or more such
uses, or in accordance with a widespread and commonly recognized practice, may generally cause, without additional
regulatory restrictions, unreasonable adverse effects on the environment, or injury to the applicator or other persons, and
which has been classified as a restricted-use pesticide by the department or the administrator of the United States
Environmental Protection Agency.”
117 S. 487.0435, F.S., and s. 487.044, F.S.
118 S. 487.175, F.S.
119 S. 496.401, F.S.
120 Charitable organization means a person who is or holds herself or himself out to be established for any benevolent,
educational, philanthropic, humane, scientific, artistic, patriotic, social welfare or advocacy, public health, environmental
conservation, civic, or other eleemosynary purpose, or a person who in any manner employs a charitable appeal as the basis
for any solicitation or an appeal that suggests that there is a charitable purpose to any solicitation. The term includes a
chapter, branch, area office, or similar affiliate soliciting contributions within the state for a charitable organization that has its
principal place of business outside the state. S. 496.404(1), F.S.
121 A sponsor is a group or person who is, or holds itself out to be, soliciting contributions by the use of a name that implies
that the group or person is in any way affiliated with, or organized for the benefit of, emergency service employees or law
enforcement officers and the group or person is not a charitable organization. The term includes a chapter, branch, or affiliate
that has its principal place of business outside the state if the chapter, branch, or affiliate solicits or holds itself out to be
soliciting contributions in the state. S. 496.404(25), F.S.
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Charitable organizations must submit an initial registration statement to DACS and include a financial report, a
statement of the purpose of the charity, how donations will be used, names of individuals in charge of solicitation
activities, and proof of federal tax-exempt status. The charity must also identify any professional solicitors and
fundraising consultants the charity will use, along with the terms of the arrangements for compensation to be paid
to the consultant and solicitor.122
The registration must include a statement related to the charity’s activities in other states, including whether the
charity is authorized to operate in another state; whether the charity’s registration has been denied, suspended, or
revoked in another state; and whether the charity or any person associated with the charity has been subject to
any adverse administrative actions or criminal convictions in any state.123
A charitable organization or sponsor that is required to register or renew registration must file an annual financial
statement for the immediately preceding year with DACS. The statement must include:
A balance sheet;
A statement of support, revenue and expenses;
Names and addresses of any charities, professional fundraising consultants, professional solicitors, and
commercial co-ventures used and the amounts received from each of them; and
A statement of functional expenses that must include program service costs, management and general
costs, and fundraising costs.124
Anyone who willfully violates the SCA commits a third-degree felony125 and, for any subsequent violation, a second-
degree felony.126 Additionally, DACS may enter an order imposing a range of administrative penalties, including
imposing an administrative fine up to $5,000 for each act or omission as well as a fine up to $10,000 for any
violation that involves fraud or deception.127
Florida Food Safety Act
The Florida Food Safety Act128 (FFS Act) is intended to “safeguard the public health and promote the public welfare
by protecting the consuming public from injury by product use and the purchasing public from injury by
merchandising deceit, flowing from intrastate commerce in food.”129 DACS administers and enforces compliance
with the FFS Act “in order to prevent fraud, harm, adulteration, misbranding, or false advertising in the
preparation, manufacture, storage, or sale of articles of food.”130 DACS is also charged with enforcing compliance
with the FFS Act as it relates to “the production, manufacture, transportation, storage, and sale of food, as well as
articles entering into, and intended for use as ingredients in the preparation of, food.”131
The FFS Act regulates the state’s cottage food132 industry, and provides that the regulation of cottage food
operations133 is preempted to the state.134 Under the FFS Act, a cottage food operation is exempt from the FFS Act’s
permitting requirements if the cottage food operation complies with the FFS Act and has annual gross sales of
122 S. 496.405(2), F.S.
123 Id.
124 S. 496.407(1), F.S.
125 A third-degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Ss. 775.082, F.S. and 775.083, F.S.
126 A second-degree felony is punishable by up to 15 years imprisonment and a $10,000 fine. Ss. 775.082 and 775.083, F.S.
127 S. 496.419, F.S.
128 Ch. 500, F.S.
129 S. 500.02(1), F.S.
130 S. 500.032(1), F.S.
131 Id.
132 Cottage food is food that is not a potentially hazardous food, as defined by DACS rule, which is sold by a cottage food
operation. S. 500.03(1)(j), F.S.
133 A cottage food operation means a natural person or entity that produces or packages cottage food products at the residence
of the natural person or at the residence of a natural person who has an ownership interest in the entity and sells such
products in accordance with s. 500.80, F.S. S. 500.03(1)(i), F.S.
134 S. 500.80(6), F.S.
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cottage food products that do not exceed $250,000.135 In Florida, a cottage food operation may only sell cottage
food products which are packaged with a label affixed that contains the following information:
The name and address of the cottage food operation.
The name of the cottage food product.
The ingredients of the cottage food product, in descending order of predominance by weight.
The net weight or net volume of the cottage food product.
Allergen information as specified by federal labeling requirements.
If any nutritional claim is made, appropriate nutritional information as specified by federal labeling
requirements.
The following statement printed in at least 10-point type in a color that provides a clear contrast to the
background of the label: “Made in a cottage food operation that is not subject to Florida’s food safety
regulations.”136
Under the FFS Act, a food permit issued by DACS is required of any person who operates a food establishment in
the state, unless an exemption applies.137 In fact, a food permit must be applied for and received before any
operation may begin at a food establishment.138 An application for a permit from DACS must be accompanied by a
fee in an amount determined by DACS rule.139 A food permit issued to a new food establishment on or after
September 1, 2023, is valid for 1 calendar year after the date of issuance and must be renewed annually on or
before that date.140 Effective January 1, 2024, a food permit issued before September 1, 2023, expires on the month
and day the initial permit was issued to the food establishment and must be renewed annually on or before that
date thereafter.141
For purposes of enforcing the FFS Act, current law requires carriers engaged in interstate commerce and persons
receiving food in interstate commerce, upon request by a DACS officer or employee, to permit the officer or
employee to have access to and to copy all records showing the movement in interstate commerce of any food, and
the quantity, shipper, and consignee thereof.142
Under the FFS Act, when DACS or its duly authorized agent finds or has probable cause to believe that any food,
food processing equipment, food processing area, or food storage area is in violation of the FFS Act or any rule
adopted thereunder so as to be dangerous, unwholesome, mislabeled, fraudulent, or unsanitary, a DACS agent may
issue and enforce a stop-sale, stop-use, removal, or hold order.143 The order must give notice that the article,
processing equipment, processing area, or storage area is or is suspected of being in violation and has been
detained or embargoed, and must warn all persons not to remove, use, or dispose of such article, processing
equipment, processing area, or storage area by sale or otherwise until permission for removal, use, or disposal is
given by DACS or the court.144 A person may not remove, use, or dispose of such detained or embargoed article,
processing equipment, processing area, or storage area by sale or otherwise without such permission.145
Legal Status of Psilocybin in Florida
135 S. 500.80(1)(a), F.S.
136 S. 500.80(3), F.S.
137 S. 500.12(1)(a), F.S.
138 S. 500.12(1)(b), F.S.
139 Id.
140 S. 500.12(1)(b)1., F.S.
141 S. 500.12(1)(b)2., F.S.
142 S. 500.166, F.S.
143 S. 500.172(1), F.S.
144 Id.
145 Id.
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Psilocybin, also known as “magic mushrooms,” are naturally occurring and consumed for their hallucinogenic
effects.146 Under Florida law, psilocybin and psilocyn147 is currently classified as a Schedule I substance.148
Possession of psilocybin in Florida is a third-degree felony. Certain mushroom spores and mycelium, which is a
type of fungi, can be propagated and grown into mushrooms that have psilocybin properties. But the spores do not
contain any psilocybin properties themselves and therefore could be considered legal under current law.149
Plant-Based Products Labeled as “Milk,” “Meat,” or “Poultry”
There has been an increase in availability in the marketplace and consumption of plant-based milk alternatives:
In 2010, one-fifth of U.S. households purchased or consumed plant-based milk alternatives.
By 2016, one-third of U.S. households purchased plant-based milk alternatives, totaling $1.5 billion in sales
that year.
From 2017 to 2019, sales of plant-based milk alternatives increased nearly 15 percent reaching $2 billion.
In 2020, retail sales continued to increase, rising to approximately $2.4 billion.150
Under federal law, the terms below are defined as follows:
“Milk” is the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or
more healthy cows. Milk that is in final package form for beverage use shall have been pasteurized or ultra
pasteurized, and shall contain not less than 81⁄4 percent milk solids not fat and not less than 31⁄4 percent
milkfat. Milk may have been adjusted by separating part of the milkfat therefrom, or by adding thereto
cream, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Milk may
be homogenized.151
“Meat” means the part of the muscle of any cattle, sheep, swine, or goats which is skeletal or which is found
in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the
portions of bone (in bone-in product such as T-bone or porterhouse steak), skin, sinew, nerve, and blood
vessels which normally accompany the muscle tissue and that are not separated from it in the process of
dressing.152
“Poultry” means any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs, also
termed young pigeons from one to about thirty days of age), whether live or dead.153
“Poultry product” means:
o Any poultry carcass or part thereof; or any product which is made wholly or in part from any
poultry carcass or part thereof, except those exempted from the definition of a poultry product in 9
U.S.C. § 381.15. (Additionally, unless an exception under 9 U.S.C. § 381.1(b)(42) applies, this term is
limited to articles capable of use as human food.)
o If referring to a “poultry food product,” any product capable of use as human food which is made in
part from any poultry carcass or part thereof, except those exempted from the definition of a
poultry product in 9 U.S.C. § 381.15.154
“Egg” means the shell egg of a domesticated chicken, turkey, duck, goose, or guinea.155
“Egg product” means any dried, frozen, or liquid eggs, with or without added ingredients, excepting
products which contain eggs only in a relatively small proportion or historically have not been, in the
judgment of the U.S. Secretary of Agriculture (Secretary), considered by consumers as products of the egg
146 Alcohol and Drug Foundation, Psilocybin (Mar. 7, 2025), https://adf.org.au/drug-facts/psilocybin/ (last visited Mar. 15,
2025).
147 When psilocybin is taken, it’s converted in the body to psilocin, which is a chemical with psychoactive properties. Alcohol
and Drug Foundation, Psilocybin (Mar. 7, 2025), https://adf.org.au/drug-facts/psilocybin/ (last visited Mar. 15, 2025).
148 S. 893.03(1)33., 34, F.S.
149 Freeman, S., and Chandler, N. How Magic Mushrooms Work, https://science.howstuffworks.com/magic-mushroom.htm (last
visited Mar. 15, 2025).
150 U.S. Food and Drug Administration, Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance
for Industry (Feb. 2023), p. 4, https://www.fda.gov/media/165420/download (last visited Mar. 15, 2025).
151 21 C.F.R. § 31.110
152 9 C.F.R. § 301.2
153 9 C.F.R. § 381.1(b).
154 Id.
155 21 U.S.C. § 1033(g).
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food industry, and which may be exempted by the Secretary under such conditions as he or she may
prescribe to assure that the egg ingredients are not adulterated and such products are not represented as
egg products.156
Consumer Unit Pricing Act
The purposes of Florida’s Consumer Unit Pricing Act (CUP Act) include:
Protecting the interests of consumers and encourage constructive and useful competition in the sale of
consumer commodities.
Encouraging, to the extent that it will facilitate the consumer’s choice of consumer commodities, the
development and use of a method of unit pricing for consumer commodities.
Prohibiting the use of unit pricing of consumer commodities when it would tend to mislead or deceive
consumers.157
DACS has the authority, duty and responsibility of administering and enforcing the CUP Act.158 Under the CUP Act,
the price of all consumer commodities offered for sale or sold by a seller shall be expressed as the price per
approved unit of quantity.159 The CUP Act requires a seller to conspicuously and clearly display the price per
package or unit and the unit price in close proximity to the display of the commodity in such manner as may be
established by DACS rule.160 Any person who offers for sale, or sells, any consumer commodity in violation of the
CUP Act is guilty of a second-degree misdemeanor.161
Veterinary Pathology
Veterinary pathologists work in animal disease surveillance, prevention, diagnosis and treatment.162 They
investigate disease (in both humans and animals), conduct research, and develop medicines. They play a key role
in the development of safe and effective medicines, agrochemicals and chemicals, and contribute to animal
conservation and protection.163
Veterinary pathologists work in academic and government research institutions, public and private diagnostic labs
(including those at zoos), government regulatory agencies (such as the U.S. Food and Drug Administration, U.S.
Department of Agriculture, U.S. Centers for Disease Control and Prevention, and U.S. Environmental Protection
Agency), industry (pharmaceutical and biotech companies, chemical companies, contract research organizations),
and in the military (U.S. Army Veterinary Corps and Joint Pathology Center).164
Procurement of Contracts by State Agencies
The Department of Management Services (DMS) has the power and duty to canvass all sources of supply and
contract for the purchase, lease, or acquisition of all commodities and contractual services required by state
agencies165 under ch. 287, F.S.166 DMS may remove from its vendor list any source of supply which fails to fulfill any
156 21 U.S.C. § 1033(f).
157 S. 501.135(2)(a)-(c), F.S.
158 S. 501.135(4), F.S.
159 S. 501.135(5)(a), F.S.
160 S. 501.135(6), F.S.
161 S. 501.135(7), F.S.
162 The Royal College of Pathologists, Become a Veterinary Pathologist, https://www.rcpath.org/discover-pathology/careers-
in-pathology/become-a-veterinary-pathologist.html (last visited Mar. 16, 2025).
163 Id.
164 American College of Veterinary Pathologists, What is Veterinary Pathology? https://www.acvp.org/page/What_is_Vet_Path
(last visited Mar. 16, 2025).
165 Agency means any of the various state officers, departments, boards, commissions, divisions, bureaus, and councils and any
other unit of organization, however designated, of the executive branch of state government; the term, however, does not
include the university and college boards of trustees or the state universities and colleges. S. 287.102(1), F.S.
166 Chapter 287, F.S., relates to the procurement of commodities and contractual services for state agencies. S. 287.001, F.S. See
also s. 287.042(1)(a), F.S.
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of its duties specified in a contract with the state, and may reinstate any such source of supply when DMS is
satisfied that further instances of default will not occur.167 DMS also has the power and duty to:
Establish a system of coordinated, uniform procurement policies, procedures, and practices to be used by
state agencies in acquiring commodities and contractual services.168
Govern the purchase by any agency of any commodity or contractual service and to establish standards and
specifications for any commodity.169
Require that every agency furnish information relative to its commodity and contractual services
purchases and methods of purchasing commodities and contractual services to DMS when so requested.170
Prepare statistical data concerning the method of procurement, terms, usage, and disposition of
commodities and contractual services by agencies.171
Boll Weevil Eradication
In the late 1800s, a small beetle native to Central or South America entered the United States near Brownsville,
Texas and spread rapidly across the country’s cotton growing regions. By the 1920s, Anthonomus grandis, the boll
weevil, was causing more economic damage than any agricultural pest in U.S. history. 172 For much of the 20th
century, the boll weevil caused tens of millions of dollars in damage to cotton producers, reduced land values, and
greatly disrupted local economies.173 The ubiquitous boll weevil adapted to several efforts by man to control it,
including the use of arsenic and DDT as pesticides, and worked its way into American culture through folk music174
and an Alabama monument.175
In the late 1970s, the National Boll Weevil Eradication Program was launched by the U.S. Department of
Agriculture’s Animal and Plant Health Inspection Service along the Virginia-North Carolina border. The program
later expanded into other Southeastern states then westward.176 In 1987, the Florida Legislature passed the Florida
Boll Weevil Eradication Law, empowering DACS to lead the state’s efforts to contain the pests and protect cotton
crops.177
It worked. Through a combination of strategies, including pheromone traps in the spring, hand picking infected
cotton buds during the growing season, plowing under the cotton stalks after harvest, and low levels of pesticides
in the fall, boll weevils have been eradicated in all states except Texas. Cotton can now be grown in many areas
with little or no need for pesticides, and the National Boll Weevil Eradication Program is considered one of the
greatest success stories of American agriculture.178
Backup Power Requirements for Motor Fuel Retail Outlets
167 S. 287.042(1)(b), F.S.
168 S. 287.042(3), F.S.
169 Except for the purchase of insurance, DMS may delegate to agencies the authority for the procurement of and contracting
for commodities or contractual services. S. 287.042(6)(a)-(b), F.S.
170 S. 287.042(9), F.S.
171 All agencies must furnish such information to DMS’ Office of Supplier Diversity (Office) and to DMS, as DMS or the Office
may call for, but no less frequently than annually, on such forms or in such manner as DMS may prescribe. S. 287.042(10), F.S.
172 Stephanie Hall, The Life and Times of Boll Weevil, Library of Congress Blogs, Folklife Today (Dec. 11, 2013),
https://blogs.loc.gov/folklife/2013/12/the-life-and-times-of-boll-weevil/ (last visited Mar. 14, 2025).
173 USDA Animal and Plant Health Inspection Service, Cotton Pests, https://www.aphis.usda.gov/plant-pests-diseases/cotton-
pests (last visited Mar. 13, 2025).
174 Buster “Bus” Ezell’s 1941 classic, The Boll Weevil, starts: “The first time I saw Boll Weevil, He was sitting on a cotton square.
The next time I saw Boll Weevil, He had his whole family there.” The full recording can be found on the Library of Congress
website at https://www.loc.gov/item/ftvbib000046/?loclr=blogflt (last visited Mar. 14, 2025). See also note 43.
175 In December 1919, the City of Enterprise, Alabama, in response to the successful conversion of agricultural production in
the area from cotton to peanuts and other crops, raised a monument to the boll weevil and holds an annual Boll Weevil Fall
Festival. Hall, supra note 36.
176 National Cotton Council of America, History of the Eradication Program,
https://www.cotton.org/tech/pest/bollweevil/eradication2.cfm (last visited Mar. 13, 2025)..
177 Ch. 87-55, Laws of Fla., codified at Part I of Chapter 593, F.S.
178 National Cotton Council of America, supra note 40; Hall, supra note 36.
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27
Certain motor fuel retail outlets179 in Florida that are located within one-half mile of an interstate highway or a
state or federally designated evacuation route must be prewired with an appropriate transfer switch and be
capable of operating all fuel pumps, dispensing equipment, life safety systems, and payment acceptance equipment
using an alternate generated power source.180 This requirement applies to each motor fuel retail outlet:
Located in a county having a population of 300,000 or more and which has 16 or more fueling positions.
Located in a county having a population of 100,000 or more, but fewer than 300,000, and which has 12 or
more fueling positions.
Located in a county having a population of fewer than 100,000 and which has eight or more fueling
positions.181
Each retail outlet subject to these requirements must keep documentation of these installations on site or at its
corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic
testing of and ensured operational capacity of the equipment. The required documents must be made available,
upon request, to the Division of Emergency Management and the director of the county emergency management
agency.182
Further, each newly constructed or substantially renovated183 motor fuel retail outlet for which a certificate of
occupancy is issued on or after July 1, 2006, must be prewired with an appropriate transfer switch and capable of
operating all fuel pumps, dispensing equipment, life safety systems, and payment acceptance equipment using an
alternate generated power source. As used in this subsection, the term “substantially renovated” means a
renovation that results in an increase of greater than 50 percent in the assessed value of the motor fuel retail
outlet.
Packaging Information
DACS’ Bureau of Standards is responsible for establishing standards of weight, measure, or count and reasonable
standards of fill184 for any commodity in package form, as necessary.185 Any package that is one of a lot containing
random weights of the same commodity and bearing the total selling price of the package must bear on the outside
of the package a plain and conspicuous declaration of the price per single unit of weight.186 Further, when a
packaged commodity is advertised in any manner with the retail price stated, there must be closely and
conspicuously associated with the retail price a declaration of quantity as required by law or rule to appear on the
package.187
Regulation of Antifreeze
Under current law, DACS administers the Antifreeze Act of 1978. This Act requires that each brand of antifreeze
distributed in the state must be registered with DACS before distribution. If DACS finds, upon analysis and
inspection, that the antifreeze meets minimum standards established by DACS, is not adulterated, and meets its
labeling claims, DACS must issue a certificate of registration authorizing distribution of the antifreeze in the state
for a period of either 12 or 24 months.
179 A “motor fuel retail outlet” is a facility where motor fuel is offered for sale at retail to the motoring public. S. 526.303(14),
F.S. “Motor fuel” means any petroleum product, including any special fuel, which is used for the propulsion of motor vehicles.
S. 526.303(5), F.S.
180 S. 526.143(3), F.S.
181 Id.
182 Id.
183 The term “substantially renovated” means a renovation that results in an increase of greater than 50 percent in the
assessed value of the motor fuel retail outlet. S. 526.143(2), F.S.
184 A “standard of fill” refers to the amount of liquid in a container rather than the size or capacity of the container itself.
185 S. 531.41(4), F.S.
186 S. 531.48, F.S.
187 S. 531.49, F.S.
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As defined for purpose of DACS’ regulation, “antifreeze” means any substance or preparation, that is sold,
distributed, or intended for use as the cooling liquid in the cooling system of internal combustion engines of motor
vehicles to preventing freezing or to raise the boiling point of water for the prevention of engine overheating.188
Regulation of Electric Vehicle Charging Stations
Regulation of electric vehicle charging stations is preempted to the state. Local governments are prohibited from
enacting or enforcing an ordinance or regulation related to these charging stations. The law requires DACS to adopt
rules to provide requirements for electric vehicle charging stations to allow for consistency for consumers and the
industry.189
Minstrel Shows
Florida has an antiquated law that requires each person who operates any traveling show, exhibition, amusement
enterprise, carnival, minstrel, rodeo, or other show or amusement, within the grounds of any annual public fair to
pay license taxes provided by law.190
Dual Oversight over Financial Institutions
To accept deposits, an institution must have a federal or state charter. Banks are chartered and regulated as national
banks under the authority of the Office of the Comptroller of the Currency within the U.S. Department of the Treasury
or as state banks under the authority of a state regulator.191
Due to federal preemption, a state’s regulatory authority over federally chartered institutions is limited. Once a
financial institution obtains a charter, the regulator’s primary task is to ensure solvency. The regulator
accomplishes this by conducting financial exams of its licensed entities. Financial institutions also need approval
from their regulator to make changes in their upper management, merge with another company, pay dividends to
shareholders, engage in material transactions with subsidiaries and affiliates, or make significant changes to their
business operations.192
Banks chartered in Florida must become a member of the Federal Reserve or obtain insurance from the Federal
Deposit Insurance Corporation.193 Credit Unions chartered in Florida must insure their accounts by becoming a
member of the National Credit Union Administration.194 Thus, state-chartered banks and credit unions are subject
to a dual-regulatory system.
Financial Institutions Codes
Florida’s Financial Institutions Codes (Codes) are codified under Title XXXVIII of the Florida Statutes. A primary
purpose of the Codes is to provide for and promote the safe and sound conduct of the financial services industry in
Florida.195 The Codes apply to all state-authorized and state-chartered financial institutions and to the
enforcement of all laws relating to state-authorized and state-chartered financial institutions.196 The Codes define
the term “financial institution” as a state or federal savings or thrift association, bank, savings bank, trust company,
188 S. 501.912, F.S.
189 S. 366.94, F.S.
190 S. 616.12(1), F.S.
191 Congressional Research Service, Introduction to Financial Services: Banking, January 5, 2023,
https://crsreports.congress.gov/product/pdf/IF/IF10035 (last visited Mar. 12, 2025).
192 For a detailed discussion of the regulatory framework, see, Congressional Research Service, Who Regulates Whom? An
Overview of the U.S. Financial Regulatory Framework, March 10, 2020,
https://crsreports.congress.gov/product/pdf/R/R44918/7 (last visited Mar. 12, 2025). Also see ss. 655.037, 655.0385,
655.0386, 655.03855, and 655.412, F.S.
193 Ss. s. 658.22, F.S. and 658.38, F.S.
194 Ss. s. 657.005, F.S. and 657.008, F.S.
195 S. 655.001(2), F.S.
196 S. 655.001(1), F.S.
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international bank agency, international banking corporation, international branch, international representative
office, international administrative office, international trust entity, international trust company representative
office, qualified limited service affiliate, credit union, and certain other corporations.197
Office of Financial Regulation
The Office of Financial Regulation (OFR) is the regulatory authority for Florida’s financial services industry.198 OFR
reports to the Financial Services Commission (Commission) which is made up of the Governor and the members of
the Florida Cabinet: the Chief Financial Officer, Attorney General, and Agriculture Commissioner.199 OFR enforces
and administers the Codes; is responsible for supervising banks, credit unions, savings associations, and
international bank agencies; and licenses and regulates non-depository finance companies and the securities
industry.200
OFR must examine the condition of each state-chartered financial institution at least every 18 months, and may
conduct more frequent examinations as needed, based on risks associated with a licensee, like prior examination
results or significant operational changes.201 When a state-chartered financial institution also has a federal
regulator, OFR may accept an examination performed by the federal regulator or the regulators may conduct a
joint examination.202
Unsafe and Unsound Practices
The Codes require financial institutions to make determinations about the provision or denial of services based on
an analysis of risk factors unique to each current or prospective customer or member.203 Financial institutions are
prohibited from engaging in an unsafe and unsound practice, which means a financial institution may not deny,
cancel, suspend, or terminate its services to a person, or to otherwise discriminate against a person in making
available such services, on the basis of:204
The person’s political opinions, speech, or affiliations;
Except as otherwise provided, the person’s religious beliefs, religious exercise, or religious affiliations;
Any factor if it is not a quantitative, impartial, and risk-based standard, including any such factor related to
the person’s business sector; or
The use of any rating, scoring, analysis, tabulation, or action that considers a social credit score based on
factors including, but not limited to, certain environmental, social, and governance factors.205
Engaging in an unsafe or unsound practice is a violation of the Codes and subjects the violator to sanctions and
penalties provided in the Codes.206 Such acts also constitute a violation of the Florida Deceptive and Unfair Trade
Practices Act (FDUTPA), which codifies laws relating to the protection of consumers from those who engage in
unfair methods of competition, or unconscionable, deceptive, or unfair practices in commerce.207 A financial
institution that engages in an unsafe or unsound practice is also subject to sanctions and penalties provided in
FDUTPA.208
197 S. 655.005(1)(i), F.S.
198 Florida Office of Financial Regulation, About Our Agency, https://flofr.gov/sitePages/AboutOFR.htm (last visited Mar. 12,
2025).
199 Id.
200 Florida Department of Financial Services, Financial Services Commission, https://www.myfloridacfo.com/about/about-
dfs/commission (last visited Mar. 12, 2025). See also, s. 655.012, F.S.
201 S. 655.045(1), F.S.
202 S. 655.045(1)(a), F.S.
203 S. 655.0323(1), F.S.
204 S. 655.0323(2), F.S.
205 See s. 655.0323(2)(d)1.-8., F.S., for a list of such factors.
206 S. 655.0323(4), F.S.
207 S. 501.202(2), F.S.
208 S. 655.0323(7), F.S.
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30
If a customer or member of a financial institution suspects that the institution has engaged in an unsafe or unsound
practice, the aggrieved customer or member may submit a complaint to OFR within 30 days of the act that gave
rise to the suspicion.209 OFR must then investigate the financial institution to determine whether a violation
occurred.210 If OFR determines that a violation occurred, and unless otherwise prohibited by law, OFR must notify
the customer or member, the financial institution, and the Department of Financial Services of the violation.211
Firearm Licensing
DACS is statutorily authorized to issue concealed weapon and concealed firearm licenses to qualifying applicants.212
For purposes of the concealed carry licensure law, “concealed weapons or concealed firearms” means a handgun,
electronic weapon or device, tear gas gun, knife, or billie, but not a machine gun.213
To obtain a concealed weapon or concealed firearm license, a person must complete, under oath, an application
that includes:
The name, address, place and date of birth, race, and occupation of the applicant;
A color photograph of the applicant which must be taken within the preceding 30 days;
A statement that the applicant has been furnished with a copy of ch. 790, F.S., relating to weapons and
firearms and is knowledgeable about the provisions in ch. 790, F.S.;
A warning that the application is executed under oath with penalties for falsifying or substituting false
documents;
A statement that the applicant desires a concealed weapon or firearm license as a means of lawful self-
defense;
A full set of fingerprints;
Documented proof of completion of a firearm safety and training course; and
A nonrefundable license fee.214
The following requirements must also be met for DACS to issue a firearm license to an applicant:
Is a resident of the United States and a citizen of the United States or a permanent resident alien of the
United States, as determined by the United States Bureau of Citizenship and Immigration Services, or is a
consular security official of a foreign government;215
Is 21 years of age or older;216
Does not suffer from a physical infirmity which prevents the safe handling of a weapon or firearm;
Is not ineligible to possess a firearm by virtue of having been convicted of a felony;
Has not been committed for the abuse of a controlled substance or been found guilty of a crime under the
provisions of ch. 893, F.S., or similar laws of any other state relating to controlled substances within a 3-
year period immediately preceding the date on which the application is submitted;
Does not chronically and habitually use alcoholic beverages or other substances to the extent that his or her
normal faculties are impaired;217
Desires a legal means to carry a concealed weapon or concealed firearm for lawful self- defense;
209 S. 655.0323(4), F.S.
210 S. 655.0323(5), F.S.
211 S. 655.0323(5)(e), F.S.
212 S. 790.06(1), F.S.
213 Id.
214 S. 790.06(4)-(5) F.S.
215 Such consular security official must maintain diplomatic relations and treaties of commerce, friendship, and navigation with
the United States and is certified as such by the foreign government and by the appropriate embassy in this country.
216 Pursuant to s. 790.062, F.S., the department must issue a license to carry a concealed weapon or concealed firearm to a
servicemember or veteran who does not meet the 21 years of age threshold if he or she is otherwise qualified.
217 It shall be presumed that an applicant chronically and habitually uses alcoholic beverages or other substances to the extent
that his or her normal faculties are impaired if the applicant has been committed under ch. 397, F.S., or under the provisions of
former ch. 396, F.S., or has been convicted under s. 790.151, F.S., or has been deemed a habitual offender under
s. 856.011(3), F.S., or has had two or more convictions under s. 316.193, F.S., or similar laws of any other state, within the 3-
year period immediately preceding the date on which the application is submitted. Section 790.06(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
31
Demonstrates competence with a firearm;
Has not been adjudicated an incapacitated person, unless 5 years have elapsed since the applicant’s
restoration to capacity by court order;
Has not been committed to a mental institution, unless the applicant produces a certificate from a licensed
psychiatrist that he or she has not suffered from disability for at least 5 years prior to the date of
submission of the application;
Has not had adjudication of guilt withheld or imposition of a sentence suspended on any felony or
misdemeanor crime of domestic violence unless 3 years have elapsed since probation or any other
conditions set by the court have been fulfilled, or the record has been sealed or expunged;
Has not been issued an injunction that is currently in force and effect and that restrains the applicant from
committing acts of domestic violence or acts of repeat violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of Florida or federal
law.218
DACS must, within 90 days after receipt of the required information for a firearm license application, issue the
license; deny the application; or, in the event DACS receives criminal history information about the applicant with
no final disposition on a crime which may disqualify the applicant, the 90-day timeframe may be suspended until
receipt of the final disposition or proof of restoration of civil and firearm rights.219 As the law is currently written,
DACS could suspend the processing of a firearm application for an indefinite period of time under these
circumstances.
DACS must:
Revoke a license if the licensee has been found guilty of, had adjudication of guilt withheld for, or had
imposition of sentence suspended for one or more crimes of violence within the preceding 3 years.220
Upon notification by a law enforcement agency, a court, or the Florida Department of Law Enforcement
(FDLE) and subsequent written verification, suspend a license or the processing of an application for a
license if the licensee or applicant is arrested or formally charged with a crime that would disqualify such
person from having a license under this section, until final disposition of the case.221
Suspend a license or the processing of an application for a license if the licensee or applicant is issued an
injunction that restrains the licensee or applicant from committing acts of domestic violence or acts of
repeat violence.222
Fuel Theft
DACS regularly inspects petroleum distribution systems and retail gas stations to ensure fuel dispensers are
working properly.223 A fuel pulser is a plastic device connected to the fuel pump dispenser meter, which is within
the fuel pump.224 The pulser converts the mechanical movement of the fuel meter and then sends electrical pulses
to control the dispenser’s electronic display.225 The pulsers can be replaced by an altered pulser that interrupts the
electrical signal, which enables the ability to obtain large amounts of gas for a small percentage of the cost.226
Florida law does not specifically address crimes committed with fuel pulsers.227
218 S. 790.06(2), F.S.
219 S. 790.06(6)(c), F.S.
220 S. 790.06(2), F.S.
221 Id.
222 Id.
223 Florida Department of Agriculture and Consumer Services, Petroleum Inspection, https://www.fdacs.gov/Business-
Services/Petroleum-Inspection (last visited March 14, 2025).
224 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 3 (Mar. 8, 2023).
225 Id.
226 Id.
227 Florida Department of Agriculture and Consumer Services, Agency Analysis of 2023 Senate Bill 1150, p. 3, 4 (Mar. 8, 2023).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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Mail Theft
Mail theft is a federal crime that involves the unauthorized taking or destruction of mail belonging to another,
which can include any mail, packages, or letters left in or near mailboxes for pickup or delivery.228 The offense of
stealing mail carries severe penalties under federal law, including fines and imprisonment for up to five years, or
both, for each offense.229 The penalties can also increase if the theft occurs under certain circumstances, such as
stealing mail containing financial instruments or theft of mail committed during a natural disaster.230
In Florida, mail and package theft are typically classified as petit theft or grand theft, depending on the value of the
stolen items. Section 812.014, F.S., defines theft offenses and generally categorizes the offense level based on the
value of the property stolen. Whether a theft is a misdemeanor or a felony may also depend on the offender’s prior
history of theft convictions or the type of property stolen. The offense levels for theft crimes based on property
value thresholds and general property types are classified as follows:
Property Value Offense Level
≥ $100,000 First Degree Felony
≥ $20,000, but < $100,000 Second Degree Felony
Grand ≥ $10,000, but < $20,000 Third Degree Felony
Theft ≥ $5,000, but < $10,000 Third Degree Felony
≥ $750, but < $5,000 Third Degree Felony
≥ $40, but < $750 if taken from a dwelling or
Third Degree Felony
unenclosed curtilage of a dwelling
Petit ≥ $100, but < $750 First Degree Misdemeanor
Theft < $100 Second Degree Misdemeanor
228 18 U.S.C. § 1701-1710. See also, Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
229 18 U.S.C. § 1708. See also, Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
230 Hager & Schwartz, P.A., What Happens When You Steal Mail in Florida? (July 28, 2023),
https://www.defendyourcase.com/criminal-defense-blog/2023/july/what-happens-when-you-steal-mail-in-florida/ (last
visited Mar. 14, 2025).
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 3 N, As CS 3/18/2025 Curtin Keating
Subcommittee
THE CHANGES ADOPTED BY THE Prohibited a local government from adopting an ordinance that inhibits
COMMITTEE: the construction of housing for legally verified agricultural workers on
certain land, and required property owners of such lands to maintain
certain records.
Eliminated an exemption for federal, state, and other government
entities under the Unmanned Aircraft Systems Act.
Allowed DACS to surplus certain lands that are determined to be
suitable for bona fide agricultural production, and made these
provisions retroactive to January 1, 2009.
Required certain lands owned or acquired by an electric utility to be
offered to DACS for fee simple acquisition before the lands are offered
to anyone else, and made these provisions retroactive to January 1,
2009.
Granted DACS rulemaking authority to enforce the FDA’s standard of
identity for, and prohibited the sale of plant-based products mislabeled
as, milk, meat, poultry, poultry products, eggs, and egg products.
Allowed DACS to use contracts procured by other state agencies,
notwithstanding DMS’ authority to oversee the procurement of
contracts by state agencies.
Created the Florida Aquaculture Foundation within DACS xo create
programs to assist, promote, and further aquaculture and aquaculture
producers in the state, and authorized DACS to appoint an advisory
committee adjunct to the Foundation.
Eliminated the exemption for persons or entities licensed by the state
to use a drone if the use of a drone is only to perform reasonable tasks
within the scope of activities permitted under the person or entity’s
license.
Eliminated the provision that conditioned the assessment of civil fines
and attorney fees and costs on an entity on a finding that the entity
received notice, at least 30 days before a suit was filed, that its
ordinance or regulation impinged on the state’s authority to regulate
activities related to the use of firearms and ammunition in the state.
Criminal Justice Subcommittee 14 Y, 4 N, As CS 3/26/2025 Hall Padgett
THE CHANGES ADOPTED BY THE Made technical changes to Sections 51, 77, and 78 of the bill to clarify
COMMITTEE: language and conform these sections with existing statutes.
Removed several sections that reenacted existing statutes to
incorporate an amendment to s. 193.461, F.S., which is no longer
amended by the bill.
Agriculture & Natural Resources 11 Y, 4 N 3/31/2025 Topp Thomas
Budget Subcommittee
Commerce Committee Hamon Fletcher
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 651 2025
1 A bill to be entitled
2 An act relating to the Department of Agriculture and
3 Consumer Services; amending s. 110.205, F.S.;
4 providing that certain positions in the department are
5 exempt from the Career Service System; amending s.
6 163.3162, F.S.; providing definitions; prohibiting
7 governmental entities from adopting or enforcing any
8 legislation that inhibits the construction or
9 installation of housing for legally verified
10 agricultural workers on agricultural land operated as
11 a bona fide farm; requiring that the construction or
12 installation of such housing units on agricultural
13 lands satisfies certain criteria; requiring that local
14 ordinances comply with certain regulations;
15 authorizing governmental entities to adopt local land
16 use regulations that are less restrictive; requiring
17 property owners to maintain certain records for a
18 specified timeframe; requiring that use of a housing
19 site be discontinued and authorizing the removal of a
20 such site under certain circumstances; specifying
21 applicability of permit allocation systems in certain
22 areas of critical state concern; authorizing the
23 continued use of housing sites constructed before the
24 effective date of the act if certain conditions are
25 met; requiring the department to adopt certain rules;
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26 providing for enforcement; requiring the department to
27 submit certain information to the State Board of
28 Immigration Enforcement on a certain schedule;
29 amending s. 201.25, F.S.; conforming a provision to
30 changes made by the act; amending s. 253.0341, F.S.;
31 authorizing the department to surplus certain lands
32 determined to be suitable for bona fide agricultural
33 production; requiring the department to consult with
34 the Department of Environmental Protection before
35 making such determination; requiring the Department of
36 Agriculture and Consumer Services to retain a rural-
37 lands-protection easement for all surplused lands and
38 deposit all proceeds into a specified trust fund;
39 requiring the department to provide a report of lands
40 surplused to the board of trustees; providing that
41 certain lands are ineligible to be surplused;
42 providing for retroactive applicability; amending s.
43 330.41, F.S.; providing definitions; prohibiting a
44 person from knowingly or willfully performing certain
45 actions on lands classified as agricultural or on
46 private property, state wildlife management lands, or
47 a sport shooting and training range; providing
48 criminal penalties; providing applicability; creating
49 s. 366.20, F.S.; requiring that certain lands acquired
50 or owned by an electric utility be offered for fee
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51 simple acquisition by the department before the land
52 may be offered for sale or transferred to a private
53 individual or entity; providing retroactive
54 applicability; amending s. 366.94, F.S.; defining the
55 term "electric vehicle charging station"; authorizing
56 the department to adopt rules; requiring local
57 governmental entities to issue permits for electric
58 vehicle charging stations based on specified standards
59 and provisions of law; requiring that an electric
60 vehicle charger be registered with the department
61 before being placed into service for use by the
62 public; providing the department with certain
63 authority relating to electric vehicle charging
64 stations; providing a penalty; authorizing the
65 department to issue an immediate final order to an
66 electric vehicle charging station under certain
67 circumstances; providing that the department may bring
68 an action to enjoin a violation of specified
69 provisions or rules; requiring the court to issue a
70 temporary or permanent injunction under certain
71 circumstances; amending s. 388.011, F.S.; revising the
72 definition of the terms "board of commissioners" and
73 "district"; defining the term "program"; amending s.
74 388.021, F.S.; making a technical change; amending s.
75 388.181, F.S.; authorizing programs to perform
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76 specified actions; amending s. 388.201, F.S.;
77 requiring that the tentative work plan budget covering
78 the proposed operations and requirements for arthropod
79 control measures show the estimated amount to be
80 raised by county, municipality, or district taxes;
81 requiring that county commissioners' or a similar
82 governing body's mosquito control budget be made and
83 adopted pursuant to specified provisions and requiring
84 that summary figures be incorporated into the county
85 budgets as prescribed by the department; amending s.
86 388.241, F.S.; providing that certain rights, powers,
87 and duties be vested in the board of county
88 commissioners or similar governing body of a county,
89 city, or town; amending s. 388.261, F.S.; increasing
90 the amount of state funds, supplies, services, or
91 equipment for a certain number of years for any new
92 program for the control of mosquitos and other
93 arthropods which serves an area not previously served
94 by a county, municipality, or district; amending s.
95 388.271, F.S.; requiring each program participating in
96 arthropod control activities to file a tentative
97 integrated arthropod management plan with the
98 department by a specified date; conforming provisions
99 to changes made by the act; amending s. 388.281, F.S.;
100 requiring that all funds, supplies, and services
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101 released to programs be used in accordance with the
102 integrated arthropod management plan and certified
103 budget; requiring that such integrated arthropod
104 management plan and certified budget be approved by
105 both the department and the board of county
106 commissioners and an appropriate representative;
107 conforming provisions to changes made by the act;
108 amending s. 388.291, F.S.; providing that a program
109 may perform certain source reduction measures in any
110 area providing that the department has approved the
111 operating or construction plan as outlined in the
112 integrated arthropod management plan; conforming
113 provisions to changes made by the act; amending s.
114 388.301, F.S.; revising the schedule by which state
115 funds for the control of mosquitos and other
116 arthropods may be paid; amending ss. 388.311 and
117 388.321, F.S.; conforming provisions to changes made
118 by the act; amending s. 388.322, F.S.; requiring the
119 department to maintain a record and inventory of
120 certain property purchased with state funds for
121 arthropod control use; amending s. 388.323, F.S.;
122 providing that certain equipment no longer needed by a
123 program be first offered for sale to other programs
124 engaged in arthropod control at a specified price;
125 requiring that all proceeds from the sale of certain
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126 property owned by a program and purchased using state
127 funds be deposited in the program's state fund
128 account; amending s. 388.341, F.S.; requiring a
129 program receiving state aid to submit a monthly report
130 of all expenditures from all funds for arthropod
131 control by a specified timeframe as may be required by
132 the department; amending ss. 388.351 and 388.361,
133 F.S.; conforming provisions to changes made by the
134 act; amending s. 388.3711, F.S.; revising the
135 department's enforcement powers; amending ss. 388.381,
136 388.391, and 388.401, F.S.; conforming provisions to
137 changes made by the act; amending s. 388.46, F.S.;
138 revising the composition of the Florida Coordinating
139 Council on Mosquito Control; amending s. 403.067,
140 F.S.; providing an exception for inspection
141 requirements for certain agricultural producers;
142 authorizing the department to adopt rules establishing
143 an enrollment in best management practices by rule
144 process; authorizing the department to identify best
145 management practices for specified landowners;
146 requiring the department to perform onsite inspections
147 annually of a certain percentage of all enrollments
148 that meet specified qualifications within a specified
149 area; providing requirements for such inspections;
150 requiring agricultural producers enrolled by rule in a
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151 best management practice to submit nutrient records
152 annually to the department; requiring the department
153 to collect and retain such records; amending s.
154 403.852, F.S.; defining the term "water quality
155 additive"; amending s. 403.859, F.S.; providing that
156 the use of certain additives in a water system which
157 do not meet the definition of water quality additive
158 or certain other additives is prohibited and violates
159 specified provisions; amending s. 482.111, F.S.;
160 revising requirements for the renewal of a pest
161 control operator's certificate; authorizing a third-
162 party vendor to collect and retain a convenience fee;
163 amending s. 482.141, F.S.; requiring the department to
164 provide in-person and remote testing for the
165 examination through a third-party vendor for an
166 individual seeking pest control operator
167 certification; authorizing a third-party vendor to
168 collect and retain a convenience fee; amending s.
169 482.155, F.S.; requiring the department to provide in-
170 person and remote testing for the examination through
171 a third-party vendor for an individual seeking limited
172 certification for a governmental pesticide applicator
173 or a private applicator; authorizing a third-party
174 vendor to collect and retain a convenience fee;
175 deleting provisions requiring the department to make
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176 such examination readily accessible and available to
177 all applicants on a specified schedule; amending s.
178 482.156, F.S.; requiring the department to provide in-
179 person and remote testing for the examination through
180 a third-party vendor for an individual seeking a
181 limited certification for commercial landscape
182 maintenance; authorizing a third-party vendor to
183 collect and retain a convenience fee; removing
184 provisions requiring the department to make such
185 examination readily accessible and available to all
186 applicants on a specified schedule; amending s.
187 482.157, F.S.; revising requirements for issuance of a
188 limited certification for commercial wildlife
189 management personnel; authorizing a third-party vendor
190 to collect and retain a convenience fee; deleting
191 provisions requiring the department to make an
192 examination readily accessible and available to all
193 applicants on a specified schedule; amending s.
194 482.161, F.S.; authorizing the department to take
195 specified disciplinary action upon the issuance of a
196 final order imposing civil penalties or a criminal
197 conviction pursuant to the Federal Insecticide,
198 Fungicide, and Rodenticide Act; amending s. 487.044,
199 F.S.; requiring the department to provide in-person
200 and remote testing through a third-party vendor for
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201 the examination of an individual seeking a limited
202 certification for pesticide application; authorizing a
203 third-party vendor to collect and retain a convenience
204 fee; amending s. 487.175, F.S.; providing that the
205 department may suspend, revoke, or deny licensure of a
206 pesticide applicator upon issuance of a final order to
207 a licensee which imposes civil penalties or a criminal
208 conviction under the Federal Insecticide, Fungicide,
209 and Rodenticide Act; amending s. 496.404, F.S.;
210 defining the terms "controlling interest," "foreign
211 country of concern," and "foreign source of concern";
212 amending s. 496.405, F.S.; revising which documents a
213 charitable organization or sponsor must file before
214 engaging in specified activities; requiring that any
215 changes to such documents be reported to the
216 department on a specified form in a specified
217 timeframe; revising the requirements of the charitable
218 organization's initial registration statement;
219 authorizing the department to investigate or refer to
220 the Florida Elections Commission certain violations of
221 the charitable organization or sponsor; amending s.
222 496.415, F.S.; prohibiting specified persons from
223 soliciting or accepting anything of value from a
224 foreign source of concern; amending s. 496.417, F.S.;
225 authorizing the department to investigate or refer to
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226 the Florida Elections Commission certain violations of
227 a charitable organization or sponsor; amending s.
228 496.419, F.S.; providing penalties for a charitable
229 organization or sponsor whose registration is denied
230 or revoked for submitting a false attestation;
231 creating s. 496.431, F.S.; requiring the department to
232 create the Honest Service Registry to provide
233 residents with information relating to charitable
234 organizations; requiring a charitable organization
235 included in the Honest Services Registry to submit an
236 attestation statement to the department; requiring the
237 department to publish the Honest Services Registry on
238 the department's website; requiring the department to
239 adopt rules; amending s. 500.03, F.S.; revising the
240 definition of the term "cottage food product";
241 amending s. 500.12, F.S.; providing that the
242 department requires a food permit from any person or
243 business that operates a food establishment; revising
244 exceptions; revising the schedule for renewing certain
245 food permits; authorizing the department to establish
246 a single permit renewal date for certain food
247 establishments; amending s. 500.166, F.S.; requiring
248 certain persons engaged in interstate commerce to
249 retain all records that show certain information for a
250 specified timeframe; amending s. 500.172, F.S.;
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251 authorizing the department to facilitate the
252 destruction of certain articles that violate specified
253 provisions; prohibiting certain persons from certain
254 actions without permission from, or in accord with a
255 written agreement with, the department; creating s.
256 500.75, F.S.; providing that it is unlawful to
257 transport or offer to transport, import into this
258 state, sell or offer for sale, furnish, or give away
259 certain spores or mycelium; providing penalties;
260 creating s. 500.93, F.S.; providing definitions;
261 requiring the department to adopt rules to enforce the
262 Food and Drug Administration's standard of identity
263 for milk, meat, poultry, and eggs to prohibit the sale
264 of plant-based products mislabeled as milk, meat,
265 poultry, or eggs; providing contingent effective
266 dates; requiring the department to adopt rules;
267 providing construction; repealing s. 501.135, F.S.,
268 relating to consumer unit pricing; amending s.
269 501.912, F.S.; revising the definition of the term
270 "antifreeze"; creating s. 525.19, F.S.; requiring the
271 department to create an annual petroleum registration
272 program for petroleum owners or operators; requiring
273 the department to adopt rules for such registration
274 which include specified information; requiring that
275 the registration program be free for all registrants;
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276 authorizing the department to require registrants to
277 provide certain information during a state of
278 emergency; creating s. 526.147, F.S.; creating the
279 Florida Retail Fuel Transfer Switch Modernization
280 Grant Program within the department; requiring the
281 grant program to provide funds up to a certain amount
282 to be used for installation and equipment costs
283 relating to installing or modernizing transfer switch
284 infrastructure at retail fuel facilities; requiring
285 the department to award funds based on specified
286 criteria; requiring retail fuel facilities awarded
287 grant funds to comply with specified provisions;
288 requiring such facilities to install a transfer switch
289 with specified capabilities; requiring retail fuel
290 facilities to provide specified documentation before
291 being awarded funding; prohibiting certain facilities
292 from being awarded funding; requiring the department,
293 in consultation with the Division of Emergency
294 Management, to adopt rules; requiring that such rules
295 include specified information; amending s. 531.48,
296 F.S.; requiring that certain packages bear specified
297 information on the outside of the package; amending s.
298 531.49, F.S.; revising requirements for the
299 advertising of a packaged commodity; amending s.
300 564.06, F.S.; conforming a provision to changes made
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301 by the act; amending s. 570.07, F.S.; requiring the
302 department to foster and encourage the employment and
303 retention of qualified veterinary pathologists;
304 providing that the department may reimburse the
305 educational expenses of certain veterinary
306 pathologists who enter into a certain agreement with
307 the department; requiring the department to adopt
308 certain rules; requiring the department to extend
309 certain opportunities to public school students
310 enrolled in agricultural education to support Future
311 Farmers of America programming; requiring the
312 department to use contracts procured by agencies;
313 defining the term "agency"; amending s. 570.544, F.S.;
314 revising which provisions the director of the Division
315 of Consumer Services must enforce; creating s.
316 570.546, F.S.; authorizing the department to create a
317 process for the bulk renewal of licenses; authorizing
318 the department to create a process that will allow
319 licensees to align the expiration dates of licenses
320 within a specified program; authorizing the department
321 to change the expiration date for current licenses for
322 a certain purpose; requiring the department to prorate
323 the licensing fee for certain licenses; requiring the
324 department to adopt rules; amending s. 570.694, F.S.;
325 creating the Florida Aquaculture Foundation as a
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326 direct support organization within the department;
327 providing the purpose of the foundation; providing
328 governance for the foundation; authorizing the
329 department to appoint an advisory committee adjunct to
330 the foundation; amending s. 570.822, F.S.; revising
331 the definition of the terms "declared natural
332 disaster" and "program"; providing that loan funds
333 from the department may be used to restock
334 aquaculture; authorizing the department to renew a
335 loan application under certain circumstances;
336 authorizing the department to defer or waive loan
337 payments under certain circumstances; creating s.
338 570.823, F.S.; providing definitions; establishing the
339 silviculture emergency recovery program within the
340 department to administer a grant program to assist
341 certain timber landowners; requiring that such grants
342 be used for certain purposes; requiring that only
343 timber lands located on agricultural property are
344 eligible for the program; requiring the department to
345 coordinate with state agencies to provide financial
346 assistance to timber landowners after a specified
347 declared emergency; providing construction;
348 authorizing the department to adopt rules; providing
349 construction; amending s. 581.1843, F.S.; removing
350 provisions that exclude certain citrus nurseries from
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351 certain requirements and that regulate areas around
352 the perimeter of commercial citrus nurseries;
353 repealing ss. 593.101, 593.102, 593.103, 593.104,
354 593.105, 593.106, 593.107, 593.108, 593.109, 593.11,
355 593.111, 593.112, 593.113, 593.114, 593.1141,
356 593.1142, 593.115, 593.116, and 593.117, F.S.,
357 relating to the Florida Boll Weevil Eradication Law;
358 definitions; powers and duties of Department of
359 Agriculture and Consumer Services; the entry of
360 premises to carry out boll weevil eradication
361 activities and inspections; reports by persons growing
362 cotton; quarantine areas and the regulation of
363 articles within a boll weevil eradication zone; the
364 regulation of collection, transportation,
365 distribution, and movement of cotton; cooperative
366 programs for persons engaged in growing, processing,
367 marketing, or handling cotton; the department's
368 authority to designate eradication zones, prohibit
369 planting of cotton, and require participation in
370 eradication program; regulation of the pasturage of
371 livestock, entry by persons, and location of honeybee
372 colonies in eradication zones and other areas;
373 eligibility for certification of cotton growers'
374 organization; the certification of cotton growers'
375 organization; a referendum; an assessment; the
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376 department's authority to enter agreements with the
377 Farm Service Agency; liens; mandamus or injunction;
378 penalty for violation; and the handling of moneys
379 received, respectively; amending s. 595.404, F.S.;
380 revising the department's powers and duties regarding
381 school nutrition programs; amending s. 599.002, F.S.;
382 renaming the Viticulture Advisory Council as the
383 Florida Wine Advisory Council; revising the membership
384 of the Florida Wine Advisory Council; amending s.
385 599.003, F.S.; renaming the State Viticulture Plan as
386 the State Wine Plan; amending s. 599.004, F.S.;
387 providing that wineries that fail to recertify
388 annually or pay a specified licensing fee are subject
389 to certain actions and costs; amending s. 599.012,
390 F.S.; conforming provisions to changes made by the
391 act; amending s. 616.12, F.S.; removing provisions
392 requiring a person who operates a minstrel show in
393 connection with any certain public fairs to pay
394 specified license taxes; removing a provision that
395 exempts such person from paying specified taxes;
396 creating s. 687.16, F.S.; providing a short title;
397 providing definitions; prohibiting a financial
398 institution from discriminating in the provision of
399 financial services to an agricultural producer based
400 on an ESG factor; providing an inference with regard
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401 to a certain violation; providing that the financial
402 institution may overcome the inference by making
403 certain demonstrations regarding its denial or
404 restriction of financial services to an agricultural
405 producer; authorizing the Attorney General to enforce
406 specified provisions; providing that a violation of
407 specified provisions constitutes an unfair and
408 deceptive trade practice; authorizing the Attorney
409 General to investigate and seek remedies for such
410 unfair trade practices; authorizing an aggrieved party
411 to seek an action for damages; amending s. 741.0305,
412 F.S.; conforming a cross-reference; amending s.
413 790.06, F.S.; revising the circumstances under which
414 the department may temporarily suspend a person's
415 license to carry a concealed weapon or concealed
416 firearm or the processing of an application for such
417 license; requiring the department to notify certain
418 licensees or applicants of his or her right to a
419 hearing; requiring that the hearing regarding such
420 suspension of license be for a limited purpose;
421 requiring the department to issue an order lifting the
422 suspension of an applicant's license upon a certain
423 disposition of the criminal case; requiring that the
424 suspension remain in effect upon a certain disposition
425 of the criminal case; providing construction;
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426 providing legislative findings; revising the duties of
427 the department after the date of receipt of a
428 completed application for a license to carry a
429 concealed weapon or concealed firearm; requiring that
430 a license issued under this section be temporarily
431 suspended or revoked if the license was issued in
432 error or if the licensee commits certain actions;
433 amending s. 812.0151, F.S.; revising the elements of
434 third degree and second degree felony retail fuel
435 theft; creating s. 812.136, F.S.; providing
436 definitions; providing elements for the crime of mail
437 theft; providing elements of theft of or unauthorized
438 reproduction of a mail depository key or lock;
439 providing criminal penalties; amending s. 934.50,
440 F.S.; removing certain exceptions from the prohibited
441 uses of drones; creating s. 1013.373, F.S.;
442 prohibiting a local government from adopting any
443 measure to limit the activities of public educational
444 facilities or auxiliary facilities constructed by
445 certain organizations; requiring that lands used for
446 agricultural education or for the Future Farmers of
447 America or 4-H activities be considered agricultural
448 lands; reenacting s. 295.07(5)(a), F.S., relating to
449 preference in appointment and retention, to
450 incorporate the amendment made to s. 110.205, F.S., in
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451 a reference thereto; reenacting ss. 189.062(1)(a) and
452 388.261(7), F.S., relating to special procedures for
453 inactive districts and state aid to counties and
454 districts for arthropod control, respectively, to
455 incorporate the amendment made to s. 388.271, F.S., in
456 references thereto; reenacting ss. 482.072(3)(b) and
457 482.163, F.S., relating to pest control customer
458 contact centers and responsibility for pest control
459 activities of employee, respectively, to incorporate
460 the amendment made to s. 482.161, F.S., in references
461 thereto; reenacting s. 487.156, F.S., relating to
462 governmental agencies, to incorporate the amendment
463 made to s. 487.044, F.S., in a reference thereto;
464 reenacting ss. 496.4055(2) and 496.406(2) and (4),
465 F.S., relating to charitable organization or sponsor
466 board duties and exemption from registration,
467 respectively, to incorporate the amendment made to s.
468 496.405, F.S., in references thereto; reenacting s.
469 500.80(1)(a), F.S., relating to cottage food
470 operations, to incorporate the amendment made to s.
471 500.12, F.S., in a reference thereto; reenacting s.
472 500.121(6), F.S., relating to disciplinary procedures,
473 to incorporate the amendment made to s. 500.172, F.S.,
474 in a reference thereto; reenacting s. 790.061, F.S.,
475 relating to judges and justices, to incorporate the
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476 amendment made to s. 790.06, F.S., in a reference
477 thereto; providing an effective date.
478
479 Be It Enacted by the Legislature of the State of Florida:
480
481 Section 1. Paragraph (m) of subsection (2) of section
482 110.205, Florida Statutes, is amended to read:
483 110.205 Career service; exemptions.—
484 (2) EXEMPT POSITIONS.—The exempt positions that are not
485 covered by this part include the following:
486 (m) All assistant division director, deputy division
487 director, and bureau chief positions in any department, and
488 those positions determined by the department to have managerial
489 responsibilities comparable to such positions, which include,
490 but are not limited to:
491 1. Positions in The Department of Health and the
492 Department of Children and Families which are assigned primary
493 duties of serving as the superintendent or assistant
494 superintendent of an institution.
495 2. Positions in The Department of Corrections which are
496 assigned primary duties of serving as the warden, assistant
497 warden, colonel, or major of an institution or that are assigned
498 primary duties of serving as the circuit administrator or deputy
499 circuit administrator.
500 3. Positions in The Department of Transportation which are
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501 assigned primary duties of serving as regional toll managers and
502 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
503 4. Positions in The Department of Environmental Protection
504 which are assigned the duty of an Environmental Administrator or
505 program administrator.
506 5. Positions in The Department of Health which are
507 assigned the duties of Environmental Administrator, Assistant
508 County Health Department Director, and County Health Department
509 Financial Administrator.
510 6. Positions in The Department of Highway Safety and Motor
511 Vehicles which are assigned primary duties of serving as
512 captains in the Florida Highway Patrol.
513 7. Positions in the Department of Agriculture and Consumer
514 Services which are assigned primary duties of serving as
515 captains or majors in the Office of Agricultural Law
516 Enforcement.
517
518 Unless otherwise fixed by law, the department shall set the
519 salary and benefits of the positions listed in this paragraph in
520 accordance with the rules established for the Selected Exempt
521 Service.
522 Section 2. Paragraphs (a) through (d) of subsection (2) of
523 section 163.3162, Florida Statutes, are redesignated as
524 paragraphs (b) through (e), respectively, new paragraphs (a),
525 (f), and (g) are added to that subsection, and subsections (5),
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526 (6), and (7) are added to that section, to read:
527 163.3162 Agricultural Lands and Practices.—
528 (2) DEFINITIONS.—As used in this section, the term:
529 (a) "Department" means the Department of Agriculture and
530 Consumer Services.
531 (f) "Housing site" means the totality of development
532 supporting authorized housing, including buildings; mobile
533 homes; barracks; dormitories used as living quarters; parking
534 areas; common areas such as athletic fields or playgrounds;
535 storage structures; and other related structures.
536 (g) "Legally verified agricultural worker" means a person
537 who:
538 1. Is lawfully present in the United States;
539 2. Meets the definition of eligible worker pursuant to 29
540 C.F.R. s. 502.10;
541 3. Has been verified through the process provided in s.
542 448.095(2) and is authorized to work at the time of employment;
543 4. Is seasonally or annually employed in a bona fide
544 agricultural production;
545 5. Remains lawfully present and authorized to work
546 throughout the duration of that employment; and
547 6. Is not an unauthorized alien as defined in s.
548 448.095(1).
549 (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.—
550 (a) A governmental entity may not adopt or enforce any
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551 legislation, regulation, or ordinance to inhibit the
552 construction or installation of housing for legally verified
553 agricultural workers on land classified as agricultural land
554 pursuant to s. 193.461 which is operated as a bona fide farm
555 except as provided in this subsection.
556 (b) Construction or installation of housing units for
557 legally verified agricultural workers on parcels of land
558 classified as agricultural land under s. 193.461 must satisfy
559 all of the following criteria:
560 1. The dwelling units must meet federal, state, and local
561 building standards, including standards of the Department of
562 Health adopted pursuant to ss. 381.008-381.00897 and federal
563 standards for H-2A visa housing. If written notice of intent is
564 required to be submitted to the Department of Health pursuant to
565 s. 381.0083, the appropriate governmental entity with
566 jurisdiction over the agricultural lands may also require
567 submittal of a copy of the written notice.
568 2. The housing site must be maintained in a neat, orderly,
569 and safe manner.
570 3. All structures containing dwelling units must be
571 located a minimum of 10 feet apart.
572 4. The square footage of the housing site's climate-
573 controlled facilities may not exceed 1.5 percent of the
574 property's area or 35,000 square feet, whichever is less.
575 5. A housing site must provide front, side, and rear yard
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576 setbacks of at least 50 feet. However, an internal project
577 driveway may be located in the required yard space if the yard
578 is adjacent to a public roadway or to property that is under
579 common ownership with the housing site.
580 6. A housing site may not be located less than 100 feet
581 from a property line adjacent to property zoned for residential
582 use. If the housing site is located less than 250 feet from any
583 property line, screening must be provided between the housing
584 site and any residentially developed adjacent parcels that are
585 under different ownership. The screening may be designed in any
586 of the following ways:
587 a. Evergreen plants that, at the time of planting, are at
588 least 6 feet in height and provide an overall screening opacity
589 of 75 percent;
590 b. A masonry wall at least 6 feet in height and finished
591 on all sides with brick, stone, or painted or pigmented stucco;
592 c. A solid wood or PVC fence at least 6 feet in height
593 with the finished side of the fence facing out;
594 d. A row of evergreen shade trees that, at the time of
595 planting, are at least 10 feet in height, a minimum of 2-inch
596 caliper, and spaced no more than 20 feet apart; or
597 e. A berm made with a combination of the materials listed
598 in sub-subparagraphs a.-d., which is at least 6 feet in height
599 and provides an overall screening capacity of 75 percent at the
600 time of installation.
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601 7. All access drives that serve the housing site must be
602 made of packed shell, gravel, or a similar material that will
603 provide a relatively dust-free surface.
604 (c) Any local ordinance adopted pursuant to this
605 subsection must comply with all state and federal regulations
606 for migrant farmworker housing, as applicable, including rules
607 adopted by the Department of Health pursuant to ss. 381.008–
608 381.00897 and federal regulations under the Migrant and Seasonal
609 Agricultural Worker Protection Act or the H-2A visa program. A
610 governmental entity may adopt local government land use
611 regulations that are less restrictive than this subsection, but
612 which still meet regulations established by the Department of
613 Health pursuant to ss. 381.008–381.00897 and federal regulations
614 under the Migrant and Seasonal Agricultural Worker Protection
615 Act or the H-2A visa program. An ordinance adopted pursuant to
616 this paragraph may not conflict with the definition and
617 requirements of a legally verified agricultural worker.
618 (d) Beginning July 1, 2025, a property owner must maintain
619 records of all approved permits, including successor permits,
620 for migrant labor camps or residential migrant housing as
621 required under s. 381.0081. A property owner must maintain such
622 records for at least 3 years and make the records available for
623 inspection within 14 days after receipt of a request for records
624 by a governmental entity.
625 (e) A housing site may not continue to be used and may be
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626 required to be removed under the following circumstances:
627 1. If, for any reason, a housing site is not being used
628 for legally verified agricultural workers for longer than 365
629 days, any structure used as living quarters must be removed from
630 the housing site within 180 days after receipt of written
631 notification from the county unless the property owner can
632 demonstrate that use of the site for housing legally verified
633 agricultural workers will occur within 90 days after the written
634 notification.
635 2. If the property on which the housing site is located
636 ceases to be classified as agricultural land pursuant to s.
637 193.461.
638 3. If the permit authorized by the Department of Health
639 for the housing site is revoked, all structures must be removed
640 from the housing site within 180 days after receipt of written
641 notification from the county unless the permit is reinstated by
642 the Department of Health.
643 4. If a housing site is found to be occupied by any person
644 who does not meet the definition of a legally verified
645 agricultural worker, or is otherwise unlawfully present in the
646 United States. A property owner who violates this subparagraph
647 is subject to a Class I fine pursuant to s. 570.971, not to
648 exceed $1,000, for the first violation, and a Class II fine, not
649 to exceed $5,000, for any subsequent violations. The fines shall
650 be collected by the clerk of the court of the county in which
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651 the violation occurred.
652 (f) Notwithstanding this subsection, the construction or
653 installation of housing for legally verified agricultural
654 workers in the Florida Keys Area of Critical State Concern and
655 the City of Key West Area of Critical State Concern is subject
656 to the permit allocation systems of the Florida Keys Area of
657 Critical State Concern and City of Key West Area of Critical
658 State Concern, respectively.
659 (g) A housing site that was constructed and in use before
660 July 1, 2024, may continue to be used, and the property owner
661 may not be required by a governmental entity to make changes to
662 meet the requirements of this subsection, unless the housing
663 site will be enlarged, remodeled, renovated, or rehabilitated.
664 The property owner of a housing site authorized under this
665 paragraph must provide regular maintenance and repair, including
666 compliance with health and safety regulations and maintenance
667 standards, for such housing site to ensure the health, safety,
668 and habitability of the housing site.
669 (6) DATA COLLECTION.—The department shall adopt rules
670 providing for:
671 (a) A method for government entities to submit reports of
672 property owners who have a housing site for legally verified
673 agriculture workers on lands classified as agricultural land
674 pursuant to s. 193.461, as provided in this section.
675 (b) A method for persons to submit complaints for review
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676 and investigation by the department.
677
678 Government entities shall provide this information quarterly to
679 the department in a format and timeframe prescribed by rule.
680 (7) ENFORCEMENT.—
681 (a) In addition to the enforcement methods of employment
682 verification outlined in s. 448.095, the department shall
683 enforce the requirements of subsection (5). Enforcement includes
684 completing routine inspections based on a random sample of data
685 collected by government entities and submitted to the
686 department, the investigation and review of complaints, and the
687 enforcement of violations.
688 (b) The department shall submit the information collected
689 to the State Board of Immigration Enforcement on a quarterly
690 basis, except that the first quarter shall begin 60 days after
691 the first quarterly data report under subsection (6) by a
692 government entity is received and reviewed by the department.
693 Section 3. Subsection (3) of section 201.25, Florida
694 Statutes, is amended to read:
695 201.25 Tax exemptions for certain loans.—There shall be
696 exempt from all taxes imposed by this chapter:
697 (3) Any loan made by the Agriculture and Aquaculture
698 Producers Emergency Natural Disaster Recovery Loan Program
699 pursuant to s. 570.822.
700 Section 4. Subsection (19) is added to section 253.0341,
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701 Florida Statutes, to read:
702 253.0341 Surplus of state-owned lands.—
703 (19) Notwithstanding any other law or rule, the Department
704 of Agriculture and Consumer Services may surplus lands acquired
705 pursuant to s. 366.20 which are determined to be suitable for
706 bona fide agricultural production, as defined in s. 193.461. The
707 Department of Agriculture and Consumer Services shall consult
708 with the Department of Environmental Protection in the process
709 of making such determination. In the event that lands acquired
710 pursuant to s. 366.20, which are determined to be suitable for
711 bona fide agricultural production are surplused, the Department
712 of Agriculture and Consumer Services must retain a rural-lands-
713 protection easements pursuant to s. 570.71(3), and all proceeds
714 must be deposited into the Incidental Trust Fund within the
715 Department of Agriculture and Consumer Services for less than
716 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
717 By January 1, 2026, and each January 1 thereafter, the
718 Department of Agriculture and Consumer Services shall provide a
719 report of lands surplused pursuant to this subsection to the
720 board.
721 (a) Any lands designated as a state forest, state park, or
722 wildlife management area are ineligible to be surplused pursuant
723 to this subsection.
724 (b) This subsection is retroactive to January 1, 2009.
725 Section 5. Paragraphs (a) through (d) and (e) of
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726 subsection (2) of section 330.41, Florida Statutes, are
727 redesignated as paragraphs (b) through (e) and (j) of subsection
728 (2) and subsection (8), respectively, subsection (6) is
729 renumbered as subsection (8), paragraph (d) of subsection (4)
730 and present subsection (6) are amended, new paragraphs (a), (f),
731 (g), (h), and (i) are added to subsection (2), and new
732 subsections (6) and (7) are added to that section, to read:
733 330.41 Unmanned Aircraft Systems Act.—
734 (2) DEFINITIONS.—As used in this act, the term:
735 (a) "Commercial property" means real property other than
736 residential property. The term includes, but is not limited to,
737 a property zoned multifamily residential which is comprised of
738 five or more dwelling units, and real property used for
739 commercial, industrial, or agricultural purposes.
740 (f) "Private property" means any residential or commercial
741 property.
742 (g) "Property owner" means the owner or owners of record
743 of real property. The term includes real property held in trust
744 for the benefit of one or more individuals, in which case the
745 individual or individuals may be considered as the property
746 owner or owners, provided that the trustee provides written
747 consent. The term does not include persons renting, using,
748 living, or otherwise occupying real property.
749 (h) "Residential property" means real property zoned as
750 residential or multifamily residential and composed of four or
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751 fewer dwelling units.
752 (i) "Sport shooting and training range" has the same
753 meaning as in s. 790.333(3)(h).
754 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
755 (d) This subsection and paragraph (2)(b) paragraph (2)(a)
756 shall sunset 60 days after the date that a process pursuant to
757 s. 2209 of the FAA Extension, Safety and Security Act of 2016
758 becomes effective.
759 (6) PROTECTION OF AGRICULTURAL LANDS.—
760 (a) A person may not knowingly or willfully do any of the
761 following on lands classified as agricultural lands pursuant to
762 s. 193.461:
763 1. Operate a drone.
764 2. Allow a drone to make contact with any person or object
765 on the premises of or within the boundaries of such lands.
766 3. Allow a drone to come within a distance close enough to
767 such lands to interfere with or cause a disturbance to
768 agricultural production.
769 (b) A person who violates paragraph (a) commits a
770 misdemeanor of the second degree, punishable as provided in s.
771 775.082 or s. 775.083. A person who commits a second or
772 subsequent violation commits a misdemeanor of the first degree,
773 punishable as provided in s. 775.082 or s. 775.083.
774 (c) This subsection does not apply to actions identified
775 in paragraph (a) which are committed by:
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776 1. The owner of the agricultural lands;
777 2. A person acting under the prior written consent of the
778 owner of the agricultural lands; or
779 3. A person or entity acting in compliance with the
780 provisions of s. 934.50.
781 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
782 LANDS.—
783 (a) A person may not knowingly or willfully allow a drone
784 to make contact with private property, state wildlife management
785 lands, or a sport shooting and training range or any person or
786 object on the premises of or within such property with the
787 intent to harass.
788 (b) A person who violates paragraph (a) commits a
789 misdemeanor of the second degree, punishable as provided in s.
790 775.082 or s. 775.083. A person who commits a second or
791 subsequent violation commits a misdemeanor of the first degree,
792 punishable as provided in s. 775.082 or s. 775.083.
793 (c) A person who violates paragraph (a) and records video
794 of the private property, state wildlife management lands, or
795 sport shooting and training range, including any person or
796 object on the premises of or within the private property, state
797 wildlife management lands, or sport shooting and training range,
798 commits a misdemeanor of the first degree, punishable as
799 provided in s. 775.082 or s. 775.083. A person who commits a
800 second or subsequent violation commits a felony of the third
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801 degree, punishable as provided in s. 775.082, s. 775.083, or s.
802 775.084.
803 (d) This subsection does not apply to actions identified
804 in paragraph (a) which are committed by:
805 1. The owner of the private property or sport shooting and
806 training range;
807 2. A person acting under the prior written consent of the
808 owner of the private property or sport shooting and training
809 range; or
810 3. A person or entity acting in compliance with the
811 provisions of s. 934.50.
812 Section 6. Section 366.20, Florida Statutes, is created to
813 read:
814 366.20 Sale and management of lands owned by electric
815 utilities.—
816 (1) Lands acquired by an electric utility as defined in s.
817 361.11(2) which have been classified as agricultural lands
818 pursuant to s. 193.461 at any time in the 5 years preceding the
819 acquisition of the land by the electric utility must be offered
820 for fee simple acquisition by the Department of Agriculture and
821 Consumer Services before offering for sale or transferring the
822 land to a private individual or entity.
823 (2) Lands owned by an electric utility as defined in s.
824 361.11(2) which were classified as agricultural lands pursuant
825 to s. 193.461 at any time in the 5 years preceding the date of
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826 acquisition of the land by the electric utility must be offered
827 for fee simple acquisition by the Department of Agriculture and
828 Consumer Services before offering for sale or transferring the
829 land to a private individual or entity.
830 (3) This section is retroactive to January 1, 2009.
831 Section 7. Subsections (3) and (4) of section 366.94,
832 Florida Statutes, are renumbered as subsections (4) and (5),
833 respectively, a new subsection (3) is added to that section, and
834 subsection (2) of that section is amended, to read:
835 366.94 Electric vehicle charging.—
836 (2)(a) As used in this section, the term "electric vehicle
837 charging station" means the area in the immediate vicinity of
838 electric vehicle supply equipment and includes the electric
839 vehicle supply equipment, supporting equipment, and associated
840 parking spaces. The regulation of electric vehicle charging
841 stations is preempted to the state.
842 (b)(a) A local governmental entity may not enact or
843 enforce an ordinance or regulation related to electric vehicle
844 charging stations.
845 (3)(a)(b) The Department of Agriculture and Consumer
846 Services shall adopt rules to implement this subsection and to
847 provide requirements for electric vehicle charging stations to
848 allow for consistency for consumers and the industry.
849 (b) The department may adopt rules to protect the public
850 health, safety, and welfare and establish standards for the
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851 placement, design, installation, maintenance, and operation of
852 electric vehicle charging stations.
853 (c) Local governmental entities shall issue permits for
854 electric vehicle charging stations based solely upon standards
855 established by department rule and other applicable provisions
856 of state law. The department shall prescribe by rule the time
857 period for approving or denying permit applications.
858 (d) Before a charger at an electric vehicle charging
859 station is placed into service for use by the public, the
860 charger must be registered with the department on a form
861 prescribed by department rule.
862 (e) The department shall have the authority to inspect
863 electric vehicle charging stations, conduct investigations, and
864 enforce this subsection and any rules adopted under this
865 subsection. The department may impose one or more of the
866 following penalties against a person who violates this
867 subsection or any rule adopted under this subsection:
868 1. Issuance of a warning letter.
869 2. Imposition of an administrative fine in the Class II
870 category pursuant to s. 570.971 for each violation.
871 (f) If the department determines that an electric vehicle
872 charging station or any associated equipment presents a threat
873 to the public health, safety, or welfare, the department may
874 issue an immediate final order prohibiting the use of the
875 electric vehicle charging station or any portion thereof.
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876 (g) In addition to the remedies provided in this
877 subsection, and notwithstanding the existence of any adequate
878 remedy at law, the department may bring an action to enjoin a
879 violation of this subsection or rules adopted under this
880 subsection in the circuit court of the county in which the
881 violation occurs or is about to occur. Upon demonstration of
882 competent and substantial evidence by the department to the
883 court of the violation or threatened violation, the court shall
884 immediately issue the temporary or permanent injunction sought
885 by the department. The injunction shall be issued without bond.
886 Section 8. Subsections (10) and (11) of section 388.011,
887 Florida Statutes, are renumbered as subsections (11) and (12),
888 respectively, subsections (2) and (5) of that section are
889 amended, and a new subsection (10) is added to that section, to
890 read:
891 388.011 Definitions.—As used in this chapter:
892 (2) "Board of commissioners" means the governing body of
893 any mosquito control program district, and may include boards of
894 county commissioners, city councils, municipalities, or other
895 similar governing bodies when context so indicates.
896 (5) "District" means any mosquito control special district
897 established in this state by law for the express purpose of
898 controlling arthropods within boundaries of such said districts.
899 (10) "Program" means any governmental jurisdiction that
900 conducts mosquito control, whether it be a special district,
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901 county, or municipality.
902 Section 9. Section 388.021, Florida Statutes, is amended
903 to read:
904 388.021 Creation of mosquito control special districts.—
905 (1) The abatement or suppression of arthropods, whether
906 disease-bearing or merely pestiferous, within any or all
907 counties of this state is advisable and necessary for the
908 maintenance and betterment of the comfort, health, and welfare
909 of the people thereof and is found and declared to be for public
910 purposes. Areas where arthropods incubate, hatch, or occur in
911 significant numbers so as to constitute a public health,
912 welfare, or nuisance problem may be controlled or abated as
913 provided in this chapter or the rules adopted under this chapter
914 promulgated hereunder. Therefore, any municipality city, town,
915 or county, or any portion or portions thereof, whether such
916 portion or portions include incorporated territory or portions
917 of two or more counties in the state, may be created into a
918 special taxing district for the control of arthropods under the
919 provisions of this chapter.
920 (2) It is the legislative intent that those mosquito
921 control districts established prior to July 1, 1980, pursuant to
922 the petition process contained in former s. 388.031, may
923 continue to operate as outlined in this chapter. However, on and
924 after that date, no mosquito control districts may be created
925 except pursuant to s. 125.01.
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926 Section 10. Section 388.181, Florida Statutes, is amended
927 to read:
928 388.181 Power to do all things necessary.—The respective
929 programs districts of the state are hereby fully authorized to
930 do and perform all things necessary to carry out the intent and
931 purposes of this law.
932 Section 11. Subsections (1), (2), (4), and (5) of section
933 388.201, Florida Statutes, are amended to read:
934 388.201 Program District budgets; hearing.—
935 (1) The fiscal year of programs districts operating under
936 the provisions of this chapter shall be the 12-month period
937 extending from October 1 of one year through September 30 of the
938 following year. The governing board of the programs district
939 shall before July 15 of each year complete the preparation of a
940 tentative detailed work plan budget covering its proposed
941 operations and requirements for arthropod control measures
942 during the ensuing fiscal year and, for the purpose of
943 determining eligibility for state aid, shall submit copies as
944 may be required to the department for review and approval. The
945 tentative detailed work plan budget must shall set forth,
946 classified by account number, title and program items, and by
947 fund from which to be paid, the proposed expenditures of the
948 program district for construction, for acquisition of land, and
949 other purposes, for the operation and maintenance of the
950 program's district's works, the conduct of the program district
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951 generally, to which may be added an amount to be held as a
952 reserve.
953 (2) The tentative detailed work plan budget must shall
954 also show the estimated amount which will appear at the
955 beginning of the fiscal year as obligated upon commitments made
956 but uncompleted,. There shall be shown the estimated unobligated
957 or net balance which will be on hand at the beginning of the
958 fiscal year, and the estimated amount to be raised by county,
959 municipality, or district taxes and from any and all other
960 sources for meeting the program's the district's requirements.
961 (4) The governing board shall:
962 (a) Shall Consider objections filed against adoption of
963 the tentative detailed work plan budget and in its discretion
964 may amend, modify, or change such budget; and
965 (b) Shall By September 30, adopt and execute on a form
966 furnished by the department a certified budget for the programs
967 district which shall be the operating and fiscal guide for the
968 program district. Certified copies of this budget must shall be
969 submitted by September 30 to the department for approval.
970 (5) County commissioners' mosquito and arthropod control
971 budgets or the budgets of a similar governing body of a county,
972 city, or town must shall be made and adopted as prescribed by
973 subsections (1) and (2); summary figures must shall be
974 incorporated into the county budgets as prescribed by the
975 Department of Financial Services.
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976 Section 12. Section 388.241, Florida Statutes, is amended
977 to read:
978 388.241 Board of county commissioners vested with powers
979 and duties of board of commissioners in certain counties.—In
980 those counties or cities where there has been no formation of a
981 separate or special board of commissioners, all the rights,
982 powers, and duties of a board of commissioners as conferred in
983 this chapter shall be vested in the board of county
984 commissioners or similar governing body of such said county or
985 city.
986 Section 13. Subsections (1), (2), and (5) through (8) of
987 section 388.261, Florida Statutes, are amended to read:
988 388.261 State aid to counties, municipalities, and
989 districts for arthropod control; distribution priorities and
990 limitations.—
991 (1) A county, municipality, or district may, without
992 contributing matching funds, receive state funds, supplies,
993 services, or equipment in an amount of no more than $75,000
994 $50,000 per year for up to 3 years for any new program for the
995 control of mosquitoes and other arthropods which serves an area
996 not previously served by the county, municipality, or district.
997 These funds may be expended for any and all types of control
998 measures approved by the department.
999 (2) Every county, municipality, or district budgeting
1000 local funds to be used exclusively for the control of mosquitoes
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1001 and other arthropods, under a plan submitted by the county,
1002 municipality, or district and approved by the department, is
1003 eligible to receive state funds and supplies, services, and
1004 equipment on a dollar-for-dollar matching basis to the amount of
1005 local funds budgeted. If state funds appropriated by the
1006 Legislature are insufficient to grant each county, municipality,
1007 or district state funds on a dollar-for-dollar matching basis to
1008 the amount budgeted in local funds, the department shall
1009 distribute the funds as prescribed by rule. Such rules must
1010 shall provide for up to 80 percent of the funds to be
1011 distributed to programs with local funds for mosquito control
1012 budgets of less than $1 million, if the county, municipality, or
1013 district meets the eligibility requirements. The funds must
1014 shall be distributed as equally as possible within the category
1015 of counties pursuant to this section. The remaining funds must
1016 shall be distributed as prescribed by rule among the remaining
1017 counties to support mosquito control and to support research,
1018 education, and outreach.
1019 (5) If more than one program local mosquito control agency
1020 exists in a county or municipality, the funds must shall be
1021 prorated between the programs agencies based on the population
1022 served by each program agency.
1023 (6) The Commissioner of Agriculture may exempt counties,
1024 municipalities, or districts from the requirements in subsection
1025 (1), subsection (2), or subsection (3) when the department
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1026 determines state funds, supplies, services, or equipment are
1027 necessary for the immediate control of mosquitoes and other
1028 arthropods that pose a threat to human or animal health.
1029 (7) The department may use state funds appropriated for a
1030 county, municipality, or district under subsection (1) or
1031 subsection (2) to provide state mosquito or other arthropod
1032 control equipment, supplies, or services when requested by a
1033 county, municipality, or district eligible to receive state
1034 funds under s. 388.271.
1035 (8) The department is authorized to use up to 5 percent of
1036 the funds appropriated annually by the Legislature under this
1037 section to provide technical assistance to the counties,
1038 municipalities, or districts, or to purchase equipment,
1039 supplies, or services necessary to administer the provisions of
1040 this chapter.
1041 Section 14. Subsections (1) and (2) of section 388.271,
1042 Florida Statutes, are amended to read:
1043 388.271 Prerequisites to participation.—
1044 (1) When state funds are involved, it is the duty of the
1045 department to guide, review, approve, and coordinate the
1046 activities of all county and municipal governments and special
1047 districts receiving state funds in furtherance of the goal of
1048 integrated arthropod control. Each program county eligible to
1049 participate may, and each district must, begin participation on
1050 October 1 of any year by filing with the department not later
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1051 than July 15 a tentative integrated arthropod management plan
1052 work plan and tentative detailed work plan budget providing for
1053 the control of arthropods. Following approval of the plan and
1054 budget by the department, a copy two copies of the program's
1055 county's or district's certified budget based on the approved
1056 integrated arthropod management work plan and detailed work plan
1057 budget must shall be submitted to the department by September 30
1058 following. State funds, supplies, and services must shall be
1059 made available to such program county or district by and through
1060 the department immediately upon release of funds by the
1061 Executive Office of the Governor.
1062 (2) All purchases of supplies, materials, and equipment by
1063 programs must counties or districts shall be made in accordance
1064 with the laws governing purchases by boards of county
1065 commissioners or similar governing bodies, except that programs
1066 districts with special laws relative to competitive bidding
1067 shall make purchases in accordance therewith.
1068 Section 15. Subsections (1) and (3) of section 388.281,
1069 Florida Statutes, are amended to read:
1070 388.281 Use of state matching funds.—
1071 (1) All funds, supplies, and services released to programs
1072 under this chapter must counties and districts hereunder shall
1073 be used in accordance with the integrated arthropod management
1074 detailed work plan and certified budget approved by both the
1075 department and the board of commissioners or an appropriate
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1076 representative county or district. The integrated arthropod
1077 management plan and budget may be amended at any time upon prior
1078 approval of the department.
1079 (3) In any program county or district where the arthropod
1080 problem has been eliminated, or reduced to such an extent that
1081 it does not constitute a health, comfort, or economic problem as
1082 determined by the department, the maximum amount of state funds
1083 available under this chapter shall be reduced to the amount
1084 necessary to meet actual need.
1085 Section 16. Subsections (1) and (2) of section 388.291,
1086 Florida Statutes, are amended to read:
1087 388.291 Source reduction measures; supervision by
1088 department.—
1089 (1) Any program county or district may perform source
1090 reduction measures in conformity with good engineering practices
1091 in any area, provided that the department cooperating with the
1092 county, municipality, or district has approved the operating or
1093 construction plan as outlined in the integrated arthropod
1094 management plan and that it has been determined by criteria
1095 contained in rule that the area or areas to be controlled would
1096 produce arthropods in significant numbers to constitute a health
1097 or nuisance problem.
1098 (2) The program county or district shall manage the
1099 detailed business affairs and supervise the said work, and the
1100 department shall advise the programs districts as to the best
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1101 and most effective measures to be used in bringing about better
1102 temporary control and the permanent elimination of breeding
1103 conditions. The department may at its discretion discontinue any
1104 state aid provided under this chapter hereunder in the event it
1105 finds the jointly agreed upon program is not being followed or
1106 is not efficiently and effectively administered.
1107 Section 17. Section 388.301, Florida Statutes, is amended
1108 to read:
1109 388.301 Payment of state funds; supplies and services.—
1110 State funds shall be payable quarterly, in accordance with the
1111 rules of the department, upon requisition by the department to
1112 the Chief Financial Officer. The department is authorized to
1113 furnish insecticides, chemicals, materials, equipment, vehicles,
1114 and personnel in lieu of state funds where mass purchasing may
1115 save funds for the state, or where it would be more practical
1116 and economical to use equipment, supplies, and services between
1117 two or more programs counties or districts.
1118 Section 18. Section 388.311, Florida Statutes, is amended
1119 to read:
1120 388.311 Carry over of state funds and local funds.—State
1121 and local funds budgeted for the control of mosquitoes and other
1122 arthropods shall be carried over at the end of the program's
1123 county or district's fiscal year, and rebudgeted for such
1124 control measures the following fiscal year.
1125 Section 19. Section 388.321, Florida Statutes, is amended
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1126 to read:
1127 388.321 Equipment to become property of a program the
1128 county or district.—All equipment purchased under this chapter
1129 with state funds made available directly to a program the county
1130 or district shall become the property of the program county or
1131 district unless otherwise provided, and may be traded in on
1132 other equipment, or sold, when no longer needed by the program
1133 county or district.
1134 Section 20. Section 388.322, Florida Statutes, is amended
1135 to read:
1136 388.322 Record and inventory of certain property.—A record
1137 and inventory of certain property purchased with state funds for
1138 arthropod control use owned by the program must district shall
1139 be maintained in accordance with s. 274.02.
1140 Section 21. Section 388.323, Florida Statutes, is amended
1141 to read:
1142 388.323 Disposal of surplus property.—Surplus property
1143 shall be disposed of according to the provisions set forth in s.
1144 274.05 with the following exceptions:
1145 (1) Serviceable equipment purchased using state funds for
1146 arthropod control use no longer needed by a program must county
1147 or district shall first be offered to any or all other programs
1148 counties or districts engaged in arthropod control at a price
1149 established by the board of commissioners owning the equipment.
1150 (2) The alternative procedure for disposal of surplus
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1151 property, as prescribed in s. 274.06, must shall be followed if
1152 it is determined that no other program county or district
1153 engaged in arthropod control has need for the equipment.
1154 (3) All proceeds from the sale of any real or tangible
1155 personal property owned by the program and purchased using state
1156 funds county or district shall be deposited in the program's
1157 county's or district's state fund account unless otherwise
1158 specifically designated by the department.
1159 Section 22. Section 388.341, Florida Statutes, is amended
1160 to read:
1161 388.341 Reports of expenditures and accomplishments.—Each
1162 program receiving state aid county and district participating
1163 under the provisions of this chapter shall within 30 days after
1164 the end of each month submit to the department a monthly report
1165 for the preceding month of expenditures from all funds for
1166 arthropod control, and each program participating under this
1167 chapter shall provide such reports of activities and
1168 accomplishments as may be required by the department.
1169 Section 23. Section 388.351, Florida Statutes, is amended
1170 to read:
1171 388.351 Transfer of equipment, personnel, and supplies
1172 during an emergency.—The department, upon notifying a program
1173 county or district and obtaining its approval, is authorized to
1174 transfer equipment, materials, and personnel from one program
1175 district to another in the event of an emergency brought about
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1176 by an arthropod-borne epidemic or other disaster requiring
1177 emergency control.
1178 Section 24. Subsection (7) of section 388.361, Florida
1179 Statutes, is amended to read:
1180 388.361 Department authority and rules; administration.—
1181 (7) The department shall have the authority to collect,
1182 detect, suppress, and control mosquitoes and other arthropods
1183 that are determined by the State Health Officer to pose a threat
1184 to public health, or determined by the Commissioner of
1185 Agriculture to pose a threat to animal health, wherever they may
1186 occur on public or private land in this state, and to do all
1187 things necessary in the exercise of such authority. Before Prior
1188 to the start of treatments for the control of mosquitoes or
1189 other arthropods, the department shall consult with the mosquito
1190 control programs districts in the proposed treatment areas, the
1191 Department of Health, the Department of Environmental
1192 Protection, and the Fish and Wildlife Conservation Commission
1193 regarding the proposed locations, dates, and methods to be used.
1194 Section 25. Subsections (2) and (3) of section 388.3711,
1195 Florida Statutes, are amended to read:
1196 388.3711 Enforcement.—
1197 (2) The department may issue a written warning, impose a
1198 fine; deny, suspend, or revoke any license or certification, or
1199 the disbursal of state aid; or deny participation, in accordance
1200 with the provisions of chapter 120, upon any one or more of the
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1201 following grounds as may be applicable:
1202 (a) Violation of any rule of the department or provision
1203 of this chapter.
1204 (b) Violation of FIFRA or any relevant EPA rule or
1205 regulation pertaining to the use of arthropod control pesticides
1206 by the licensee.
1207 (c) Failure to give the department, or any authorized
1208 representative thereof, true information upon request regarding
1209 methods and materials used, work performed, or other information
1210 essential to the administration of this chapter.
1211 (3) The department may, if it finds a violation is of such
1212 nature or circumstances that imposition of a fine, or denial,
1213 revocation, or suspension of a certification or license or
1214 disbursal of state aid would be detrimental to the public or be
1215 unnecessarily harsh under the circumstances, in its discretion,
1216 place the offending party on probation for a period of not more
1217 than 2 years. If the department determines that the terms of
1218 such probation have been violated, it may reinstitute license or
1219 certification or state aid denial, suspension, or revocation
1220 proceedings.
1221 Section 26. Section 388.381, Florida Statutes, is amended
1222 to read:
1223 388.381 Cooperation by programs counties and district.—Any
1224 program conducting county or district carrying on an arthropod
1225 control program may cooperate with another county, district, or
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1226 municipality in carrying out work a program for the control of
1227 mosquitoes and other arthropods, by agreement as to the program
1228 and reimbursement thereof, when approved by the department.
1229 Section 27. Section 388.391, Florida Statutes, is amended
1230 to read:
1231 388.391 Control measures in municipalities and portions of
1232 counties located outside boundaries of programs districts.—Any
1233 program district whose operation is limited to a portion of the
1234 county in which it is located may perform any control measures
1235 authorized by this chapter in any municipality located in the
1236 same county or in any portions of the same county, where there
1237 is no established program district, when requested to do so by
1238 the municipality or county, pursuant to s. 388.381.
1239 Section 28. Section 388.401, Florida Statutes, is amended
1240 to read:
1241 388.401 Penalty for damage to property or operations.—
1242 Whoever shall willfully damages damage any of the property of
1243 any program county or district created under this or other
1244 chapters, or any works constructed, maintained, or controlled by
1245 such program county or district, or who obstructs shall obstruct
1246 or causes cause to be obstructed any of the operations of such
1247 program county or district, or who shall knowingly or willfully
1248 violates violate any provisions of this chapter or any rule or
1249 regulation adopted promulgated by any board of commissioners of
1250 any program, commits county or district shall be guilty of a
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1251 misdemeanor of the second degree, punishable as provided in s.
1252 775.082 or s. 775.083.
1253 Section 29. Paragraph (a) of subsection (2) of section
1254 388.46, Florida Statutes, is amended to read:
1255 388.46 Florida Coordinating Council on Mosquito Control;
1256 establishment; membership; organization; responsibilities.—
1257 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
1258 (a) Membership.—The Florida Coordinating Council on
1259 Mosquito Control shall be composed comprised of the following
1260 representatives or their authorized designees:
1261 1. The Secretary of Environmental Protection.
1262 2. The State Surgeon General.
1263 3. The executive director of the Fish and Wildlife
1264 Conservation Commission.
1265 4. The state epidemiologist.
1266 5. The Commissioner of Agriculture.
1267 6. The Board of Trustees of the Internal Improvement Trust
1268 Fund.
1269 7. Representatives from:
1270 a. The University of Florida, Institute of Food and
1271 Agricultural Sciences, Florida Medical Entomological Research
1272 Laboratory.
1273 b. The United States Environmental Protection Agency.
1274 c. The United States Department of Agriculture, Center of
1275 Medical, Agricultural, and Veterinary Entomology Insects
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1276 Affecting Man Laboratory.
1277 d. The United States Fish and Wildlife Service.
1278 8. Four Two mosquito control directors to be nominated by
1279 the Florida Mosquito Control Association, two representatives of
1280 Florida environmental groups, and two private citizens who are
1281 property owners whose lands are regularly subject to mosquito
1282 control operations, to be appointed to 4-year terms by the
1283 Commissioner of Agriculture and serve until his or her successor
1284 is appointed.
1285 Section 30. Paragraph (d) of subsection (7) of section
1286 403.067, Florida Statutes, is amended to read:
1287 403.067 Establishment and implementation of total maximum
1288 daily loads.—
1289 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
1290 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
1291 (d) Enforcement and verification of basin management
1292 action plans and management strategies.—
1293 1. Basin management action plans are enforceable pursuant
1294 to this section and ss. 403.121, 403.141, and 403.161.
1295 Management strategies, including best management practices and
1296 water quality monitoring, are enforceable under this chapter.
1297 2. No later than January 1, 2017:
1298 a. The department, in consultation with the water
1299 management districts and the Department of Agriculture and
1300 Consumer Services, shall initiate rulemaking to adopt procedures
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1301 to verify implementation of water quality monitoring required in
1302 lieu of implementation of best management practices or other
1303 measures pursuant to sub-subparagraph (b)2.g.;
1304 b. The department, in consultation with the water
1305 management districts and the Department of Agriculture and
1306 Consumer Services, shall initiate rulemaking to adopt procedures
1307 to verify implementation of nonagricultural interim measures,
1308 best management practices, or other measures adopted by rule
1309 pursuant to subparagraph (c)1.; and
1310 c. The Department of Agriculture and Consumer Services, in
1311 consultation with the water management districts and the
1312 department, shall initiate rulemaking to adopt procedures to
1313 verify implementation of agricultural interim measures, best
1314 management practices, or other measures adopted by rule pursuant
1315 to subparagraph (c)2.
1316
1317 The rules required under this subparagraph shall include
1318 enforcement procedures applicable to the landowner, discharger,
1319 or other responsible person required to implement applicable
1320 management strategies, including best management practices or
1321 water quality monitoring as a result of noncompliance.
1322 3. At least every 2 years, the Department of Agriculture
1323 and Consumer Services shall perform onsite inspections of each
1324 agricultural producer that enrolls in a best management
1325 practice, except those enrolled by rule in subparagraph 4., to
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1326 ensure that such practice is being properly implemented. Such
1327 verification must include a collection and review of the best
1328 management practice documentation from the previous 2 years
1329 required by rules adopted pursuant to subparagraph (c)2.,
1330 including, but not limited to, nitrogen and phosphorus
1331 fertilizer application records, which must be collected and
1332 retained pursuant to subparagraphs (c)3., 4., and 6. The
1333 Department of Agriculture and Consumer Services shall initially
1334 prioritize the inspection of agricultural producers located in
1335 the basin management action plans for Lake Okeechobee, the
1336 Indian River Lagoon, the Caloosahatchee River and Estuary, and
1337 Silver Springs.
1338 4. The Department of Agriculture and Consumer Services is
1339 authorized to adopt rules establishing an enrollment in best
1340 management practices by rule process that agricultural pollutant
1341 sources and agricultural producers may use in lieu of the best
1342 management practices adopted in paragraph (c) and identify best
1343 management practices for landowners of parcels which meet all of
1344 the following requirements:
1345 a. A parcel not more than 25 acres in size.
1346 b. A parcel designated as agricultural land use by the
1347 county in which it is located or the parcel is granted
1348 agricultural tax classification by the county property appraiser
1349 of the county in which it is located.
1350 c. A parcel with water use not exceeding 100,000 gallons
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1351 per day on average unless the entire use is met using recycled
1352 water from wet detention treatment ponds or reuse water.
1353 d. A parcel where the agricultural activity on the parcel
1354 is not a vegetable crop, an agronomic crop, a nursery, or a
1355 dairy operation.
1356 e. A parcel not abutting an impaired water body identified
1357 in subsection (4).
1358 f. A parcel not part of a larger operation that is
1359 enrolled in the Department of Agriculture and Consumer Services
1360 best management practices or conducting water quality monitoring
1361 prescribed by the department or a water management district.
1362
1363 Such requirements must specify design or performance criteria
1364 that, if applied, would result in compliance with appropriate
1365 water quality standards. The Department of Agriculture and
1366 Consumer Services is authorized to adopt additional eligibility
1367 criteria for landowners or producers to use enrollment by rule
1368 and to revoke enrollment by rule.
1369 5. The Department of Agriculture and Consumer Services
1370 shall annually perform onsite inspections of 20 percent for all
1371 enrollments that meet the qualifications pursuant to
1372 subparagraph 4. by rule within basin management action plan
1373 areas, to ensure that practices are being properly implemented.
1374 Such inspections must include a collection and review of the
1375 identified best management practice documentation from the
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1376 previous 2 years required by rules adopted pursuant to
1377 subparagraph (c)2. All agricultural producers enrolled by rule
1378 in a best management practice must annually submit nutrient
1379 records, including nitrogen and phosphorus application records
1380 for the previous calendar year, to the Department of Agriculture
1381 and Consumer Services as required by rules adopted pursuant to
1382 subparagraph (c)2. The Department of Agriculture and Consumer
1383 Services shall collect and retain these nutrient records
1384 pursuant to subparagraphs (c)3., 4., and 6.
1385 Section 31. Subsection (19) is added to section 403.852,
1386 Florida Statutes, to read:
1387 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
1388 403.850-403.864:
1389 (19) "Water quality additive" means any chemical or
1390 additive which is used in a public water system for the purpose
1391 of removing contaminants or increasing water quality. The term
1392 does not include additives used for health-related purposes.
1393 Section 32. Subsection (8) is added to section 403.859,
1394 Florida Statutes, to read:
1395 403.859 Prohibited acts.—The following acts and the
1396 causing thereof are prohibited and are violations of this act:
1397 (8) The use of any additive in a public water system which
1398 does not meet the definition of a water quality additive as
1399 defined in s. 403.852(19), or the use of any additive included
1400 primarily for health-related purposes.
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1401 Section 33. Subsection (10) of section 482.111, Florida
1402 Statutes, is amended to read:
1403 482.111 Pest control operator's certificate.—
1404 (10) In order to renew a certificate, the
1405 certificateholder must complete 2 hours of approved continuing
1406 education on legislation, safety, pesticide labeling, and
1407 integrated pest management and 2 hours of approved continuing
1408 education in each category of her or his certificate or must
1409 pass an examination that the department shall provide in person
1410 and remotely through a third-party vendor. The third-party
1411 vendor may collect and retain a convenience fee given by the
1412 department. The department may not renew a certificate if the
1413 continuing education or examination requirement is not met.
1414 (a) Courses or programs, to be considered for credit, must
1415 include one or more of the following topics:
1416 1. The law and rules of this state pertaining to pest
1417 control.
1418 2. Precautions necessary to safeguard life, health, and
1419 property in the conducting of pest control and the application
1420 of pesticides.
1421 3. Pests, their habits, recognition of the damage they
1422 cause, and identification of them by accepted common name.
1423 4. Current accepted industry practices in the conducting
1424 of fumigation, termites and other wood-destroying organisms pest
1425 control, lawn and ornamental pest control, and household pest
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1426 control.
1427 5. How to read labels, a review of current state and
1428 federal laws on labeling, and a review of changes in or
1429 additions to labels used in pest control.
1430 6. Integrated pest management.
1431 (b) The certificateholder must submit with her or his
1432 application for renewal a statement certifying that she or he
1433 has completed the required number of hours of continuing
1434 education. The statement must be on a form prescribed by the
1435 department and must identify at least the date, location,
1436 provider, and subject of the training and must provide such
1437 other information as required by the department.
1438 (c) The department shall charge the same fee for
1439 examination as provided in s. 482.141(2).
1440 Section 34. Subsection (1) of section 482.141, Florida
1441 Statutes, is amended to read:
1442 482.141 Examinations.—
1443 (1) Each individual seeking certification must
1444 satisfactorily pass an examination which must be written but
1445 which may include practical demonstration. The department shall
1446 provide in-person and remote testing through a third-party
1447 vendor. A third-party vendor may collect and retain a
1448 convenience fee hold at least two examinations each year. An
1449 applicant may seek certification in one or more categories.
1450 Section 35. Paragraph (b) of subsection (1) of section
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1451 482.155, Florida Statutes, is amended to read:
1452 482.155 Limited certification for governmental pesticide
1453 applicators or private applicators.—
1454 (1)
1455 (b) A person seeking limited certification under this
1456 subsection must pass an examination that the department shall
1457 provide in person and remotely through a third-party vendor. The
1458 third-party vendor may collect and retain a convenience fee
1459 given or approved by the department. Each application for
1460 examination must be accompanied by an examination fee set by the
1461 department, in an amount of not more than $150 or less than $50;
1462 and a recertification fee of $25 every 4 years. Until rules
1463 setting these fees are adopted by the department, the
1464 examination fee is $50. Application for recertification must be
1465 accompanied by proof of having completed 4 classroom hours of
1466 acceptable continuing education. The limited certificate expires
1467 4 years after the date of issuance. If the certificateholder
1468 fails to renew his or her certificate and provide proof of
1469 completion of the required continuing education units within 60
1470 days after the expiration date, the certificateholder may be
1471 recertified only after reexamination. The department shall make
1472 available provide the appropriate reference material and make
1473 the examination readily accessible and available to all
1474 applicants at least quarterly or as necessary in each county.
1475 Section 36. Subsection (2) of section 482.156, Florida
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1476 Statutes, is amended to read:
1477 482.156 Limited certification for commercial landscape
1478 maintenance personnel.—
1479 (2)(a) A person seeking limited certification under this
1480 section must pass an examination that the department shall
1481 provide in person and remotely through a third-party vendor. The
1482 third-party vendor may collect and retain a convenience fee
1483 given by the department. Each application for examination must
1484 be accompanied by an examination fee set by rule of the
1485 department, in an amount of not more than $150 or less than $50.
1486 Before the department issues a limited certification under this
1487 section, each person applying for the certification must furnish
1488 proof of having a certificate of insurance which states that the
1489 employer meets the requirements for minimum financial
1490 responsibility for bodily injury and property damage required by
1491 s. 482.071(4).
1492 (b) The department shall make available provide the
1493 appropriate reference materials for the examination and provide
1494 in-person and remote testing through a third-party vendor. A
1495 third-party vendor may collect and retain a convenience fee make
1496 the examination readily accessible and available to applicants
1497 at least quarterly or as necessary in each county.
1498 Section 37. Subsection (2) of section 482.157, Florida
1499 Statutes, is amended to read:
1500 482.157 Limited certification for commercial wildlife
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1501 management personnel.—
1502 (2) The department shall issue a limited certificate to an
1503 applicant who:
1504 (a) Submits an application and examination fee of at least
1505 $150, but not more than $300, as prescribed by the department by
1506 rule;
1507 (b) Passes an examination that the department shall
1508 provide in person and remotely through a third-party vendor. The
1509 third-party vendor may collect and retain a convenience fee
1510 administered by the department. The department shall make
1511 available provide the appropriate study materials for the
1512 examination and make the examination readily available to
1513 applicants in each county as necessary, but not less frequently
1514 than quarterly; and
1515 (c) Provides proof, including a certificate of insurance,
1516 that the applicant has met the minimum bodily injury and
1517 property damage insurance requirements in s. 482.071(4).
1518 Section 38. Paragraph (m) is added to subsection (1) of
1519 section 482.161, Florida Statutes, to read:
1520 482.161 Disciplinary grounds and actions; reinstatement.—
1521 (1) The department may issue a written warning to or
1522 impose a fine against, or deny the application for licensure or
1523 licensure renewal of, a licensee, certified operator, limited
1524 certificateholder, identification cardholder, or special
1525 identification cardholder or any other person, or may suspend,
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1526 revoke, or deny the issuance or renewal of any license,
1527 certificate, limited certificate, identification card, or
1528 special identification card that is within the scope of this
1529 chapter, in accordance with chapter 120, upon any of the
1530 following grounds:
1531 (m) Upon the issuance of a final order imposing civil
1532 penalties under subsection 14(a) of the Federal Insecticide,
1533 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1534 under subsection 14(b), of FIFRA.
1535 Section 39. Subsection (2) of section 487.044, Florida
1536 Statutes, is amended to read:
1537 487.044 Certification; examination.—
1538 (2) The department shall require each applicant for a
1539 certified applicator's license to demonstrate competence by a
1540 written or oral examination in which the applicant must
1541 demonstrate adequate knowledge concerning the proper use and
1542 application of restricted-use pesticides in each classification
1543 for which application for license is made. The department shall
1544 provide in-person and remote testing through a third-party
1545 vendor. A third-party vendor may collect and retain a
1546 convenience fee. The examination may be prepared, administered,
1547 and evaluated by the department. Each applicant for a certified
1548 applicator's license must shall demonstrate minimum competence
1549 as to:
1550 (a) The proper use of the equipment.
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1551 (b) The environmental hazards that may be involved in
1552 applying restricted-use pesticides.
1553 (c) Calculating the concentration of restricted-use
1554 pesticides to be used in particular circumstances.
1555 (d) Identification of common pests to be controlled and
1556 the damages caused by such pests.
1557 (e) Protective clothing and respiratory equipment required
1558 during the handling and application of restricted-use
1559 pesticides.
1560 (f) General precautions to be followed in the disposal of
1561 containers, as well as the cleaning and decontamination of the
1562 equipment which the applicant proposes to use.
1563 (g) Applicable state and federal pesticide laws, rules,
1564 and regulations.
1565 (h) General safety precautions.
1566 Section 40. Subsection (6) is added to section 487.175,
1567 Florida Statutes, to read:
1568 487.175 Penalties; administrative fine; injunction.—
1569 (6) Licensure may be suspended, revoked, or denied by the
1570 department, upon the issuance of a final order to a licensee
1571 imposing civil penalties under subsection 14(a) of the Federal
1572 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1573 criminal conviction under subsection 14(b) of FIFRA.
1574 Section 41. Subsections (13) through (28) of section
1575 496.404, Florida Statutes, are renumbered as subsections (15)
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1576 through (30), respectively, and new subsections (13) and (14)
1577 are added to that section, to read:
1578 496.404 Definitions.—As used in ss. 496.401-496.424, the
1579 term:
1580 (13) "Foreign country of concern" has the same meaning as
1581 s. 286.101(1)(b).
1582 (14) "Foreign source of concern" means any of the
1583 following:
1584 (a) The government or any official of the government of a
1585 foreign country of concern;
1586 (b) A political party or member of a political party or
1587 any subdivision of a political party in a foreign country of
1588 concern;
1589 (c) A partnership, an association, a corporation, an
1590 organization, or other combination of persons organized under
1591 the laws of or having its principal place of business in a
1592 foreign country of concern, or a subsidiary of such entity;
1593 (d) Any person who is domiciled in a foreign country of
1594 concern and is not a citizen or lawful permanent citizen of the
1595 United States;
1596 (e) An agent, including a subsidiary or an affiliate of a
1597 foreign legal entity, acting on behalf of a foreign source of
1598 concern; or
1599 (f) An entity in which a person, entity, or collection of
1600 persons or entities described in paragraphs (a)–(e) has a
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1601 controlling interest. As used in this paragraph, the term
1602 "controlling interest" means the possession of the power to
1603 direct or cause the direction of the management or policies of
1604 an entity, whether through ownership of securities, by contract,
1605 or otherwise. A person or an entity that directly or indirectly
1606 has the right to vote 25 percent or more of the voting interest
1607 of the company or is entitled to 25 percent or more of its
1608 profits is presumed to possess a controlling interest.
1609 Section 42. Paragraphs (d) through (g) of subsection (2)
1610 of section 496.405, Florida Statutes, are redesignated as
1611 paragraphs (f) through (i), respectively, new paragraphs (d) and
1612 (e) are added to that subsection, subsection (1) and paragraph
1613 (b) of subsection (7) are amended, and subsection (11) is added
1614 to that section, to read:
1615 496.405 Registration statements by charitable
1616 organizations and sponsors.—
1617 (1) A charitable organization or sponsor, unless exempted
1618 pursuant to s. 496.406, which intends to solicit contributions
1619 in or from this state by any means or have funds solicited on
1620 its behalf by any other person, charitable organization,
1621 sponsor, commercial co-venturer, or professional solicitor, or
1622 that participates in a charitable sales promotion or sponsor
1623 sales promotion, must, before engaging in any of these
1624 activities, file an initial registration statement, which
1625 includes an attestation statement, and a renewal statement
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1626 annually thereafter, with the department.
1627 (a) Except as provided in paragraph (b), any changes in
1628 the information submitted on the initial registration statement
1629 or the last renewal statement must be updated annually on a
1630 renewal statement provided by the department on or before the
1631 date that marks 1 year after the date the department approved
1632 the initial registration statement as provided in this section.
1633 The department shall annually provide a renewal statement to
1634 each registrant by mail or by electronic mail at least 30 days
1635 before the renewal date.
1636 (b) Any changes to the information submitted to the
1637 department pursuant to paragraph (2)(f) (2)(d) on the initial
1638 registration statement, which includes an attestation statement,
1639 or the last renewal statement must be reported to the department
1640 on a form prescribed by the department within 10 days after the
1641 change occurs.
1642 (c) A charitable organization or sponsor that is required
1643 to file an initial registration statement or annual renewal
1644 statement may not, before approval of its statement by the
1645 department in accordance with subsection (7), solicit
1646 contributions or have contributions solicited on its behalf by
1647 any other person, charitable organization, sponsor, commercial
1648 co-venturer, or professional solicitor or participate in a
1649 charitable sales promotion or sponsor sales promotion.
1650 (d) The registration of a charitable organization or
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1651 sponsor may not continue in effect and shall expire without
1652 further action of the department under either of the following
1653 circumstances:
1654 1. After the date the charitable organization or sponsor
1655 should have filed, but failed to file, its renewal statement in
1656 accordance with this section.
1657 2. For failure to provide a financial statement within any
1658 extension period provided under s. 496.407.
1659 (2) The initial registration statement must be submitted
1660 on a form prescribed by the department, signed by an authorized
1661 official of the charitable organization or sponsor who shall
1662 certify that the registration statement is true and correct, and
1663 include the following information or material:
1664 (d) An attestation statement, which must be submitted on a
1665 form prescribed by the department and signed by an authorized
1666 official of the charitable organization, who shall certify and
1667 attest that the charitable organization, if engaged in
1668 activities that would require registration pursuant to chapter
1669 106 is registered with the Department of State, pursuant to
1670 chapter 106.
1671 (e) An attestation statement on a form prescribed by the
1672 department, signed by an authorized official of the charitable
1673 organization, who shall certify and attest that the charitable
1674 organization, if prohibited by applicable federal or state law,
1675 is not engaged in activities that would require registration
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1676 with the Department of State pursuant to chapter 106.
1677 (7)
1678 (b) If a charitable organization or sponsor discloses
1679 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1680 in the initial registration statement or annual renewal
1681 statement, the time limits set forth in paragraph (a) are
1682 waived, and the department shall process such initial
1683 registration statement or annual renewal statement in accordance
1684 with the time limits set forth in chapter 120. The registration
1685 of a charitable organization or sponsor shall be automatically
1686 suspended for failure to disclose any information specified in
1687 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1688 required information is submitted to the department.
1689 (11) The department may investigate and refer a charitable
1690 organization or sponsor to the Florida Elections Commission for
1691 investigation of violations pursuant to chapters 104 and 106.
1692 Section 43. Subsection (20) is added to section 496.415,
1693 Florida Statutes, to read:
1694 496.415 Prohibited acts.—It is unlawful for any person in
1695 connection with the planning, conduct, or execution of any
1696 solicitation or charitable or sponsor sales promotion to:
1697 (20) Solicit or accept contributions or anything of value
1698 from a foreign source of concern.
1699 Section 44. Section 496.417, Florida Statutes, is amended
1700 to read:
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1701 496.417 Criminal penalties.—Except as otherwise provided
1702 in ss. 496.401-496.424, and in addition to any administrative or
1703 civil penalties, any person who willfully and knowingly violates
1704 ss. 496.401-496.424 commits a felony of the third degree,
1705 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1706 For a second or subsequent conviction, such violation
1707 constitutes a felony of the second degree, punishable as
1708 provided in s. 775.082, s. 775.083, or s. 775.084. The
1709 department may also investigate and refer a charitable
1710 organization or sponsor to the Florida Elections Commission for
1711 investigation of violations pursuant to chapters 104 and 106.
1712 Section 45. Subsection (11) is added to section 496.419,
1713 Florida Statutes, to read:
1714 496.419 Powers of the department.—
1715 (11) A charitable organization or sponsor whose
1716 registration is denied or revoked for submitting a false
1717 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
1718 subject to the penalties specified in subsection (5) at the
1719 discretion of the department.
1720 Section 46. Section 496.431, Florida Statutes, is created
1721 to read:
1722 496.431 Honest Service Registry.—
1723 (1) The department shall create the Honest Services
1724 Registry to provide the residents of this state with the
1725 information necessary to make an informed choice when deciding
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1726 which charitable organizations to support.
1727 (2) To be included on the Honest Services Registry, a
1728 charitable organization must, at a minimum, submit to the
1729 department an attestation statement on a form prescribed by the
1730 department, verified as provided in s. 92.525, attesting to all
1731 of the following:
1732 (a) That the organization does not solicit or accept,
1733 directly or indirectly, contributions, funding, support, or
1734 services from a foreign source of concern.
1735 (b) That the organization's messaging and content are not
1736 directly or indirectly produced or influenced by a foreign
1737 source of concern.
1738 (3) The department shall publish the Honest Services
1739 Registry on the department's website.
1740 (4) The department shall adopt rules to implement this
1741 section.
1742 Section 47. Paragraph (j) of subsection (1) of section
1743 500.03, Florida Statutes, is amended to read:
1744 500.03 Definitions; construction; applicability.—
1745 (1) For the purpose of this chapter, the term:
1746 (j) "Cottage food product" means food that is not time or
1747 temperature controlled for safety or a potentially hazardous
1748 food as defined by department rule which is sold by a cottage
1749 food operation in accordance with s. 500.80.
1750 Section 48. Paragraphs (a) and (b) of subsection (1) of
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1751 section 500.12, Florida Statutes, are amended to read:
1752 500.12 Food permits; building permits.—
1753 (1)(a) A food permit from the department is required of
1754 any person or business that who operates a food establishment,
1755 except:
1756 1. Persons or businesses operating minor food outlets that
1757 sell food that is commercially prepackaged, not potentially
1758 hazardous, not age restricted, and not time or temperature
1759 controlled for safety, if the shelf space for those items does
1760 not exceed 12 total linear feet and no other food is sold by the
1761 person or business minor food outlet.
1762 2. Persons subject to continuous, onsite federal or state
1763 inspection.
1764 3. Persons selling only legumes in the shell, either
1765 parched, roasted, or boiled.
1766 4. Persons selling sugar cane or sorghum syrup that has
1767 been boiled and bottled on a premise located within this state.
1768 Such bottles must contain a label listing the producer's name
1769 and street address, all added ingredients, the net weight or
1770 volume of the product, and a statement that reads, "This product
1771 has not been produced in a facility permitted by the Florida
1772 Department of Agriculture and Consumer Services."
1773 (b) Each food establishment regulated under this chapter
1774 must apply for and receive a food permit before operation
1775 begins. An application for a food permit from the department
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1776 must be accompanied by a fee in an amount determined by
1777 department rule. The department shall adopt by rule a schedule
1778 of fees to be paid by each food establishment as a condition of
1779 issuance or renewal of a food permit. Such fees may not exceed
1780 $650 and must be used solely for the recovery of costs for the
1781 services provided, except that the fee accompanying an
1782 application for a food permit for operating a bottled water
1783 plant may not exceed $1,000 and the fee accompanying an
1784 application for a food permit for operating a packaged ice plant
1785 may not exceed $250. The fee for operating a bottled water plant
1786 or a packaged ice plant must be set by rule of the department.
1787 Food permits are not transferable from one person or physical
1788 location to another. Food permits must be renewed in accordance
1789 with subparagraphs 1.-3. If an application for renewal of a food
1790 permit is not received by the department on or before its due
1791 date, a late fee not exceeding $100 must be paid in addition to
1792 the food permit fee before the department may issue the food
1793 permit. The moneys collected must be deposited in the General
1794 Inspection Trust Fund.
1795 1. A food permit issued to a new food establishment on or
1796 after September 1, 2023, is valid for 1 calendar year after the
1797 date of issuance and must be renewed annually on or before that
1798 date thereafter.
1799 2. Effective January 1, 2024, A food permit issued before
1800 September 1, 2023, expires on the month and day the initial
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1801 permit was issued to the food establishment and must be renewed
1802 annually on or before that date thereafter. The department may
1803 charge a prorated permit fee for purposes of this subparagraph.
1804 3. The department may establish a single permit renewal
1805 date for multiple food establishments owned by the same entity
1806 The owner of 100 or more permitted food establishment locations
1807 may elect to set the expiration of food permits for such
1808 establishments as December 31 of each calendar year.
1809 Section 49. Section 500.166, Florida Statutes, is amended
1810 to read:
1811 500.166 Records of interstate shipment.—For the purpose of
1812 enforcing this chapter, carriers engaged in interstate commerce
1813 and persons receiving food in interstate commerce shall retain
1814 all records for 3 years from the date of the record showing the
1815 movement in interstate commerce of any food, and the quantity,
1816 shipper and consignee thereof and, upon the request by an
1817 officer or employee duly designated by the department, permit
1818 the officer or employee to have access to and to copy all
1819 records showing the movement in interstate commerce of any food,
1820 and the quantity, shipper, and consignee thereof.
1821 Section 50. Subsection (1) of section 500.172, Florida
1822 Statutes, is amended to read:
1823 500.172 Embargoing, detaining, destroying of food, food
1824 processing equipment, or areas that are in violation.—
1825 (1) When the department, or its duly authorized agent who
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1826 has received appropriate education and training regarding the
1827 legal requirements of this chapter, finds or has probable cause
1828 to believe that any food, food processing equipment, food
1829 processing area, or food storage area is in violation of this
1830 chapter or any rule adopted under this chapter so as to be
1831 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1832 within the meaning of this chapter, an agent of the department
1833 may issue and enforce a stop-sale, stop-use, removal, or hold
1834 order, which order gives notice that such article, processing
1835 equipment, processing area, or storage area is or is suspected
1836 of being in violation and has been detained or embargoed and
1837 which order warns all persons not to remove, use, or dispose of
1838 such article, processing equipment, processing area, or storage
1839 area by sale or otherwise until permission for removal, use, or
1840 disposal is given by the department or the court. The department
1841 is authorized to enter into a written agreement with the owner
1842 of such food, food processing equipment, food processing area,
1843 or food storage area, or otherwise facilitate the destruction of
1844 any article found or suspected by the department to be in
1845 violation of this section. A person may not remove, use, or
1846 dispose of such detained or embargoed article, processing
1847 equipment, processing area, or storage area by sale or otherwise
1848 without such permission from or in accordance with a written
1849 agreement with the department.
1850 Section 51. Section 500.75, Florida Statutes, is created
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1851 to read:
1852 500.75 Mushroom spores and mycelium; offenses.—It is
1853 unlawful to transport or offer to transport, import into this
1854 state, sell or offer for sale, furnish, or give away spores or
1855 mycelium capable of producing mushrooms or other material which
1856 will contain a controlled substance, including psilocybin or
1857 psilocyn, during its lifecycle. A person who violates this
1858 section commits a misdemeanor of the first degree, punishable as
1859 provided in s. 775.082 or s. 775.083.
1860 Section 52. Section 500.93, Florida Statutes, is created
1861 to read:
1862 500.93 Mislabeling of plant-based products as milk, meat,
1863 poultry, or eggs.—
1864 (1) As used in this section, the term:
1865 (a) "Egg" and "egg product" have the same meanings as in
1866 21 U.S.C. s. 1033 and the Egg Products Inspection Act.
1867 (b) "FDA" means the United States Food and Drug
1868 Administration.
1869 (c) "Meat" has the same meaning as in 9 C.F.R. s. 301.2
1870 and the Federal Meat Inspection Act.
1871 (d) "Milk" has the same meaning as in 21 C.F.R. s. 131.110
1872 and the Grade "A" pasteurized milk ordinance.
1873 (e) "Poultry" and "poultry product" have the same meanings
1874 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1875 (2)(a) In accordance with the established standard of
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1876 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1877 "A" pasteurized milk ordinance, the department shall adopt rules
1878 to enforce the FDA's standard of identity for milk, as adopted
1879 in state law, to prohibit the sale of plant-based products
1880 mislabeled as milk in this state.
1881 (b) This subsection is effective upon the enactment into
1882 law of a mandatory labeling requirement to prohibit the sale of
1883 plant-based products mislabeled as milk that is consistent with
1884 this section by any 11 of the group of 14 states composed of
1885 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1886 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1887 Texas, Virginia, and West Virginia.
1888 (3)(a) In accordance with the established standard of
1889 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1890 Meat Inspection Act, and both poultry and poultry products
1891 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1892 Act, the department shall adopt rules to enforce the FDA's
1893 standard of identity for meat, poultry, and poultry products as
1894 adopted in this section, to prohibit the sale of plant-based
1895 products mislabeled as meat, poultry, or poultry products in
1896 this state.
1897 (b) This subsection is effective upon the enactment into
1898 law of a mandatory labeling requirement to prohibit the sale of
1899 plant-based products mislabeled as meat, poultry, or poultry
1900 products which is consistent with this section by any 11 of the
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1901 group of 14 states composed of Alabama, Arkansas, Florida,
1902 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1903 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1904 (4)(a) In accordance with the established standard of
1905 identity for eggs and egg products defined in 21 U.S.C. s. 1033
1906 and the Egg Products Inspection Act, the department shall adopt
1907 rules to enforce the FDA's standard of identity for eggs and egg
1908 products, as adopted in state law, to prohibit the sale of
1909 plant-based products mislabeled as egg or egg products in this
1910 state.
1911 (b) This subsection is effective upon the enactment into
1912 law of a mandatory labeling requirement to prohibit the sale of
1913 plant-based products mislabeled as egg or egg products that is
1914 consistent with this section by any 11 of the group of 14 states
1915 composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
1916 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
1917 Tennessee, Texas, Virginia, and West Virginia.
1918 (5) The Department of Agriculture and Consumer Services
1919 shall notify the Division of Law Revision upon the enactment
1920 into law by any 11 of the group of 14 states composed of
1921 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1922 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1923 Texas, Virginia, and West Virginia of the mandatory labeling
1924 requirements pursuant to subsections (2) and (3).
1925 (6) The department shall adopt rules to implement this
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1926 section.
1927 (7) This section does not limit the department's authority
1928 to enforce its laws and regulations.
1929 Section 53. Section 501.135, Florida Statutes, is
1930 repealed.
1931 Section 54. Subsection (1) of section 501.912, Florida
1932 Statutes, is amended to read:
1933 501.912 Definitions.—As used in ss. 501.91-501.923:
1934 (1) "Antifreeze" means any substance or preparation,
1935 including, but not limited to, coolant, antifreeze-coolant,
1936 antifreeze and summer coolant, or summer coolant, that is sold,
1937 distributed, or intended for use:
1938 (a) As the cooling liquid, or to be added to the cooling
1939 liquid, in the cooling system of internal combustion engines of
1940 motor vehicles to prevent freezing of the cooling liquid or to
1941 lower its freezing point; or
1942 (b) To raise the boiling point of water, aid in vehicle
1943 component cooling, or for the prevention of engine overheating,
1944 whether or not the liquid is used as a year-round cooling system
1945 fluid.
1946 Section 55. Section 525.19, Florida Statutes, is created
1947 to read:
1948 525.19 Petroleum registration.—
1949 (1) The department shall create an annual petroleum
1950 registration program for petroleum owners or operators and shall
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1951 adopt rules detailing the requirements for such registration
1952 that include, at minimum:
1953 (a) Name of the petroleum owner or operator;
1954 (b) Address of the petroleum owner or operator;
1955 (c) Phone number of the petroleum owner or operator;
1956 (d) E-mail address of the petroleum owner or operator;
1957 (e) Requirements for the transfer switch;
1958 (f) Fuel and petroleum infrastructure; and
1959 (g) Fuel and petroleum inventory and delivery information.
1960 (2) The registration program must be free for all
1961 registrants.
1962 (3) The department has the authority to require
1963 registrants to provide updates related to the status of
1964 infrastructure, inventory, and delivery information during a
1965 state of emergency as declared by an executive order issued by
1966 the Governor.
1967 Section 56. Section 526.147, Florida Statutes, is created
1968 to read:
1969 526.147 Florida Retail Fuel Transfer Switch Modernization
1970 Grant Program.—
1971 (1)(a) There is created, subject to appropriation, the
1972 Florida Retail Fuel Transfer Switch Modernization Grant Program
1973 within the Department of Agriculture and Consumer Services.
1974 (b) The grant program shall provide grant funds, not to
1975 exceed $10,000 per retail fuel facility, to be used for
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1976 installation and equipment costs related to installing or
1977 modernizing transfer switch infrastructure at retail fuel
1978 facilities to allow for the continuity of fueling operations
1979 under generated power.
1980 (c) The department shall award funds based upon the
1981 following criteria:
1982 1. Up to $10,000, of costs for transfer switch purchase
1983 and installation for retail fuel locations in fiscally
1984 constrained counties as designated under s. 218.67(1).
1985 2. Up to $5,000, of costs for transfer switch purchase and
1986 installation for all other retail fuel locations.
1987 (d) Retail fuel facilities which are awarded grant funds
1988 must comply with s. 526.143 and must install a transfer switch
1989 capable of operating all fuel pumps, dispensing equipment, life
1990 safety systems, and payment acceptance equipment using an
1991 alternative generated power source.
1992 (e) Before being awarded funding from the department,
1993 retail fuel facilities must provide documentation on transfer
1994 switch installation and required generator sizing to the
1995 department.
1996 (f) Marinas and fueling facilities with fewer than 4
1997 fueling positions are excluded from being awarded funding
1998 through this program.
1999 (g) Fueling facilities subject to s. 526.143(2) are
2000 excluded from being awarded funding through this program.
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2001 (2) The department, in consultation with the Division of
2002 Emergency Management, shall adopt rules to implement and
2003 administer this section, including establishing grant
2004 application processes for the Florida Retail Fuel Transfer
2005 Switch Modernization Grant Program. The rules must include
2006 application deadlines and establish the supporting documentation
2007 necessary to be provided to the department.
2008 Section 57. Section 531.48, Florida Statutes, is amended
2009 to read:
2010 531.48 Declarations of unit price on random packages.—In
2011 addition to the declarations required by s. 531.47, any package
2012 being one of a lot containing random weights of the same
2013 commodity must and bearing the total selling price of the
2014 package shall bear on the outside of the package a plain and
2015 conspicuous declaration of the price per single unit of weight
2016 and the total retail price of the package, as defined by
2017 department rule.
2018 Section 58. Section 531.49, Florida Statutes, is amended
2019 to read:
2020 531.49 Advertising packages for sale.—Whenever A packaged
2021 commodity is advertised in any manner with the retail price
2022 stated, there shall be closely and conspicuously associated with
2023 the retail price must have a declaration of quantity as is
2024 required by law or rule to appear on the package.
2025 Section 59. Subsection (10) of section 564.06, Florida
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2026 Statutes, is amended to read:
2027 564.06 Excise taxes on wines and beverages.—
2028 (10) Fifty percent of all revenues collected from the
2029 excise taxes imposed by this section on wine produced by
2030 manufacturers in this state from products grown in the state
2031 must be deposited into the Florida Wine Viticulture Trust Fund
2032 established pursuant to s. 599.012.
2033 Section 60. Subsections (44), (45), and (46) of section
2034 570.07, Florida Statutes, are renumbered as subsections (47),
2035 (48), and (49), respectively, and new subsections (44), (45),
2036 and (46) are added to that section, to read:
2037 570.07 Department of Agriculture and Consumer Services;
2038 functions, powers, and duties.—The department shall have and
2039 exercise the following functions, powers, and duties:
2040 (44)(a) To foster and encourage the employment and
2041 retention of qualified veterinary pathologists. The department
2042 may reimburse the educational expenses of qualified veterinary
2043 pathologists who enter into an agreement with the department to
2044 retain employment for a specified period of time.
2045 (b) The department shall adopt rules to administer this
2046 subsection.
2047 (45) Subject to appropriation, to extend state and
2048 national Future Farmers of America opportunities to any public
2049 school student enrolled in agricultural education, at little or
2050 no cost to the student or school district, and to support
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2051 statewide Future Farmers of America programming that helps such
2052 students develop their potential for premier leadership,
2053 personal growth, and career success.
2054 (46)(a) Notwithstanding ss. 287.042 and 287.057, to use
2055 contracts procured by another agency.
2056 (b) As used in this subsection, the term "agency" has the
2057 same meaning as provided in s. 287.012.
2058 Section 61. Subsection (2) of section 570.544, Florida
2059 Statutes, is amended to read:
2060 570.544 Division of Consumer Services; director; powers;
2061 processing of complaints; records.—
2062 (2) The director shall supervise, direct, and coordinate
2063 the activities of the division and shall, under the direction of
2064 the department, enforce the provisions of ss. 366.94 and ss.
2065 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
2066 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
2067 Section 62. Section 570.546, Florida Statutes, is created
2068 to read:
2069 570.546 Licensing.—
2070 (1) The department is authorized to:
2071 (a) Create a process for the bulk renewal of licenses
2072 which will allow licensees the ability, upon request, to submit
2073 all license applications of the same type, notwithstanding any
2074 provisions of law applicable to each application process.
2075 (b) Create a process that will allow licensees, upon
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2076 request, to align the expiration dates of licenses within a
2077 statutory program.
2078 (c) Change the expiration dates for current licensees for
2079 the purpose of reducing large numbers of license expirations
2080 that occur during the same month.
2081 (2) The department shall prorate any licensing fee for
2082 which the term of the license was reduced for the purposes of
2083 alignment.
2084 (3) The department shall adopt rules to implement this
2085 section.
2086 Section 63. Section 570.694, Florida Statutes, is created
2087 to read:
2088 570.694 Florida Aquaculture Foundation.—
2089 (1) The Florida Aquaculture Foundation is established as a
2090 direct-support organization within the Department of Agriculture
2091 and Consumer Services. The purpose of the foundation is to:
2092 (a) Conduct programs and activities related to the
2093 assistance, promotion, and furtherance of aquaculture and
2094 aquaculture producers in this state.
2095 (b) Identify and pursue methods to provide statewide
2096 resources and materials for these programs.
2097 (2) The foundation shall be governed by s. 570.691.
2098 (3) The department is authorized to appoint an advisory
2099 committee adjunct to the foundation pursuant to s. 570.232.
2100 Section 64. Section 570.822, Florida Statutes, is amended
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2101 to read:
2102 570.822 Agriculture and Aquaculture Producers Emergency
2103 Natural Disaster Recovery Loan Program.—
2104 (1) DEFINITIONS.—As used in this section, the term:
2105 (a) "Bona fide farm operation" means a farm operation
2106 engaged in a good faith commercial agricultural use of land on
2107 land classified as agricultural pursuant to s. 193.461 or on
2108 sovereign submerged land that is leased to the applicant by the
2109 department pursuant to s. 597.010 and that produces agricultural
2110 products within the definition of agriculture under s. 570.02.
2111 (b) "Declared emergency natural disaster" means an
2112 emergency a natural disaster for which a state of emergency is
2113 declared pursuant to s. 252.36 or s. 570.07(21).
2114 (c) "Department" means the Department of Agriculture and
2115 Consumer Services.
2116 (d) "Essential physical property" means fences; equipment;
2117 structural production facilities, such as shade houses and
2118 greenhouses; or other agriculture or aquaculture facilities or
2119 infrastructure.
2120 (e) "Program" means the Agriculture and Aquaculture
2121 Producers Emergency Natural Disaster Recovery Loan Program.
2122 (2) USE OF LOAN FUNDS; LOAN TERMS.—
2123 (a) The program is established within the department to
2124 make loans to agriculture and aquaculture producers that have
2125 experienced damage or destruction from a declared emergency
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2126 natural disaster. Loan funds may be used to restore, repair, or
2127 replace essential physical property or remove vegetative debris
2128 from essential physical property, or restock aquaculture. A
2129 structure or building constructed using loan proceeds must
2130 comply with storm-hardening standards for nonresidential farm
2131 buildings as defined in s. 604.50(2). The department shall adopt
2132 such standards by rule.
2133 (b) The department may make a low-interest or interest-
2134 free loan to an eligible applicant. The maximum amount that an
2135 applicant may receive during the application period for a loan
2136 is $500,000. An applicant may not receive more than one loan per
2137 application period and no more than two loans per year or no
2138 more than five loans in any 3-year period. A loan term is 10
2139 years.
2140 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,
2141 an applicant must:
2142 (a) Own or lease a bona fide farm operation that is
2143 located in a county named in a declared emergency natural
2144 disaster and that was damaged or destroyed as a result of such
2145 declared emergency natural disaster.
2146 (b) Maintain complete and acceptable farm records,
2147 pursuant to criteria published by the department, and present
2148 them as proof of production levels and bona fide farm
2149 operations.
2150 (4) LOAN APPLICATION AND AGREEMENT.—
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2151 (a) Requests for loans must be made by application to the
2152 department. Upon a determination that funding for loans is
2153 available, the department shall publicly notice an application
2154 period for the declared emergency natural disaster, beginning
2155 within 60 days after the date of the declared emergency natural
2156 disaster and running up to 1 year after the date of the declared
2157 emergency natural disaster or until all available loan funds are
2158 exhausted, whichever occurs first. The application may be
2159 renewed upon a determination from the department and pursuant to
2160 an active declared emergency.
2161 (b) An applicant must demonstrate the need for financial
2162 assistance and an ability to repay or meet a standard credit
2163 rating determined by the department.
2164 (c) Loans must be made pursuant to written agreements
2165 specifying the terms and conditions agreed to by the approved
2166 applicant and the department. The loan agreement must specify
2167 that the loan is due upon sale if the property or other
2168 collateral for the loan is sold.
2169 (d) An approved applicant must agree to stay in production
2170 for the duration of the loan. A loan is not assumable.
2171 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
2172 by a lien, subordinate only to any mortgage held by a financial
2173 institution as defined in s. 655.005, on property or other
2174 collateral as set forth in the loan agreement. The specific type
2175 of collateral required may vary depending upon the loan purpose,
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2176 repayment ability, and the particular circumstances of the
2177 applicant. The department shall record the lien in public
2178 records in the county where the property is located and, in the
2179 case of personal property, perfect the security interest by
2180 filing appropriate Uniform Commercial Code forms with the
2181 Florida Secured Transaction Registry as required pursuant to
2182 chapter 679.
2183 (6) LOAN REPAYMENT.—
2184 (a) A loan is due and payable in accordance with the terms
2185 of the loan agreement.
2186 (b) The department shall defer payments for the first 3
2187 years of the loan. After 3 years, the department shall reduce
2188 the principal balance annually through the end of the loan term
2189 such that the original principal balance is reduced by 30
2190 percent. If the principal balance is repaid before the end of
2191 the 10th year, the applicant may not be required to pay more
2192 than 70 percent of the original principal balance. The approved
2193 applicant must continue to be actively engaged in production in
2194 order to receive the original principal balance reductions and
2195 must continue to meet the loan agreement terms to the
2196 satisfaction of the department.
2197 (c) An approved applicant may make payments on the loan at
2198 any time without penalty. Early repayment is encouraged as other
2199 funding sources or revenues become available to the approved
2200 applicant.
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2201 (d) All repayments of principal and interest, if
2202 applicable, received by the department in a fiscal year must be
2203 returned to the loan fund and made available for loans to other
2204 applicants in the next application period.
2205 (e) The department may periodically review an approved
2206 applicant to determine whether he or she continues to be in
2207 compliance with the terms of the loan agreement. If the
2208 department finds that an applicant is no longer in production or
2209 has otherwise violated the loan agreement, the department may
2210 seek repayment of the full original principal balance
2211 outstanding, including any interest or costs, as applicable, and
2212 excluding any applied or anticipated original principal balance
2213 reductions.
2214 (f) The department may defer or waive loan payments if at
2215 any time during the repayment period of a loan, the approved
2216 applicant experiences a significant hardship such as crop loss
2217 from a weather-related event or from impacts from a natural
2218 disaster or declared emergency.
2219 (7) ADMINISTRATION.—
2220 (a) The department shall create and maintain a separate
2221 account in the General Inspection Trust Fund as a fund for the
2222 program. All repayments must be returned to the loan fund and
2223 made available as provided in this section. Notwithstanding s.
2224 216.301, funds appropriated for the loan program are not subject
2225 to reversion. The department shall manage the fund, establishing
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2226 loan practices that must include, but are not limited to,
2227 procedures for establishing loan interest rates, uses of
2228 funding, application procedures, and application review
2229 procedures. The department is authorized to contract with a
2230 third-party administrator to administer the program and manage
2231 the loan fund. A contract for a third-party administrator that
2232 includes management of the loan fund must, at a minimum, require
2233 maintenance of the loan fund to ensure that the program may
2234 operate in a revolving manner.
2235 (b) The department shall coordinate with other state
2236 agencies and other entities to ensure to the greatest extent
2237 possible that agriculture and aquaculture producers in this
2238 state have access to the maximum financial assistance available
2239 following a declared emergency natural disaster. The
2240 coordination must endeavor to ensure that there is no
2241 duplication of financial assistance between the loan program and
2242 other funding sources, such as any federal or other state
2243 programs, including public assistance requests to the Federal
2244 Emergency Management Agency or financial assistance from the
2245 United States Department of Agriculture, which could render the
2246 approved applicant ineligible for other financial assistance.
2247 (8) PUBLIC RECORDS EXEMPTION.—
2248 (a) The following information held by the department
2249 pursuant to its administration of the program is exempt from s.
2250 119.07(1) and s. 24(a), Art. I of the State Constitution:
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2251 1. Tax returns.
2252 2. Credit history information, credit reports, and credit
2253 scores.
2254 (b) This subsection does not prohibit the disclosure of
2255 information held by the department pursuant to its
2256 administration of the program in an aggregated and anonymized
2257 format.
2258 (c) This subsection is subject to the Open Government
2259 Sunset Review Act in accordance with s. 119.15 and shall stand
2260 repealed on October 2, 2029, unless reviewed and saved from
2261 repeal through reenactment by the Legislature.
2262 (9) RULES.—The department shall adopt rules to implement
2263 this section.
2264 (10) REPORTS.—By December 1, 2024, and each December 1
2265 thereafter, the department shall provide a report on program
2266 activities during the previous fiscal year to the President of
2267 the Senate and the Speaker of the House of Representatives. The
2268 report must include information on noticed application periods,
2269 the number and value of loans awarded under the program for each
2270 application period, the number and value of loans outstanding,
2271 the number and value of any loan repayments received, and an
2272 anticipated repayment schedule for all loans.
2273 (11) SUNSET.—This section expires July 1, 2043, unless
2274 reviewed and saved from repeal through reenactment by the
2275 Legislature.
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2276 Section 65. Section 570.823, Florida Statutes, is created
2277 to read:
2278 570.823 Silviculture emergency recovery program.—
2279 (1) DEFINITIONS.—As used in this section, the term:
2280 (a) "Bona fide farm operation" means a farm operation
2281 engaged in a good faith commercial agricultural use of land on
2282 land classified as agricultural pursuant to s. 193.461 that
2283 produces agricultural products within the definition of
2284 agriculture under s. 570.02.
2285 (b) "Declared emergency" means an emergency for which a
2286 state of emergency is declared pursuant to s. 252.36 or s.
2287 570.07(21).
2288 (c) "Department" means the Department of Agriculture and
2289 Consumer Services.
2290 (d) "Program" means the silviculture emergency recovery
2291 program.
2292 (2) USE OF GRANT FUNDS; GRANT TERMS.—
2293 (a) The silviculture emergency recovery program is
2294 established within the department to administer a grant program
2295 to assist timber landowners whose timber land was damaged as a
2296 result of a declared emergency. Grants provided to eligible
2297 timber landowners must be used for:
2298 1. Timber stand restoration, including downed tree removal
2299 on land which will retain the existing trees on site which are
2300 lightly or completely undamaged;
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2301 2. Site preparation, and tree replanting; or
2302 3. Road and trail clearing on private timber lands to
2303 provide emergency access and facilitate salvage operations.
2304 (b) Only timber land located on lands classified as
2305 agricultural lands under s. 193.461 are eligible for the
2306 program.
2307 (c) The department shall coordinate with state agencies
2308 and other entities to ensure to the greatest extent possible
2309 that timber landowners have access to the maximum financial
2310 assistance available following a specified declared emergency.
2311 The coordination must endeavor to ensure that there is no
2312 duplication of financial assistance between these funds and
2313 other funding sources, such as any federal or other state
2314 programs, including public assistance requests to the Federal
2315 Emergency Management Agency or financial assistance from the
2316 United States Department of Agriculture, which would render the
2317 approved applicant ineligible for other financial assistance.
2318 (d) The department is authorized to adopt rules to
2319 implement this section, including emergency rules.
2320 Notwithstanding any other provision of law, emergency rules
2321 adopted pursuant to this subsection are effective for 6 months
2322 after adoption and may be renewed during the pendency of
2323 procedures to adopt permanent rules addressing the subject of
2324 the emergency rules.
2325 Section 66. Subsections (6) and (7) of section 581.1843,
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2326 Florida Statutes, are renumbered as subsections (5) and (6),
2327 respectively, and subsection (2) and present subsection (5) of
2328 that section are amended, to read:
2329 581.1843 Citrus nursery stock propagation and production
2330 and the establishment of regulated areas around citrus
2331 nurseries.—
2332 (2) Effective January 1, 2007, it is unlawful for any
2333 person to propagate for sale or movement any citrus nursery
2334 stock that was not propagated or grown on a site and within a
2335 protective structure approved by the department and that is not
2336 at least 1 mile away from commercial citrus groves. A citrus
2337 nursery registered with the department prior to April 1, 2006,
2338 shall not be required to comply with the 1-mile setback from
2339 commercial citrus groves while continuously operating at the
2340 same location for which it was registered. However, the nursery
2341 shall be required to propagate citrus within a protective
2342 structure approved by the department. Effective January 1, 2008,
2343 it is shall be unlawful to distribute any citrus nursery stock
2344 that was not produced in a protective structure approved by the
2345 department.
2346 (5) The department shall establish regulated areas around
2347 the perimeter of commercial citrus nurseries that were
2348 established on sites after April 1, 2006, not to exceed a radius
2349 of 1 mile. The planting of citrus in an established regulated
2350 area is prohibited. The planting of citrus within a 1-mile
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2351 radius of commercial citrus nurseries that were established on
2352 sites prior to April 1, 2006, must be approved by the
2353 department. Citrus plants planted within a regulated area prior
2354 to the establishment of the regulated area may remain in the
2355 regulated area unless the department determines the citrus
2356 plants to be infected or infested with citrus canker or citrus
2357 greening. The department shall require the removal of infected
2358 or infested citrus, nonapproved planted citrus, and citrus that
2359 has sprouted by natural means in regulated areas. The property
2360 owner shall be responsible for the removal of citrus planted
2361 without proper approval. Notice of the removal of citrus trees,
2362 by immediate final order of the department, shall be provided to
2363 the owner of the property on which the trees are located. An
2364 immediate final order issued by the department under this
2365 section shall notify the property owner that the citrus trees,
2366 which are the subject of the immediate final order, must be
2367 removed and destroyed unless the property owner, no later than
2368 10 days after delivery of the immediate final order, requests
2369 and obtains a stay of the immediate final order from the
2370 district court of appeal with jurisdiction to review such
2371 requests. The property owner shall not be required to seek a
2372 stay from the department of the immediate final order prior to
2373 seeking a stay from the district court of appeal.
2374 Section 67. Sections 593.101, 593.102, 593.103, 593.104,
2375 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
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2376 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
2377 and 593.117, Florida Statutes, are repealed.
2378 Section 68. Subsection (11) of section 595.404, Florida
2379 Statutes, is amended to read:
2380 595.404 School food and other nutrition programs; powers
2381 and duties of the department.—The department has the following
2382 powers and duties:
2383 (11) To adopt and implement an appeal process by rule, as
2384 required by federal regulations, for applicants and participants
2385 under the programs implemented pursuant to this chapter,
2386 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
2387 120.569 and 120.57-120.595.
2388 Section 69. Section 599.002, Florida Statutes, is amended
2389 to read:
2390 599.002 Florida Wine Viticulture Advisory Council.—
2391 (1) There is created within the Department of Agriculture
2392 and Consumer Services the Florida Wine Viticulture Advisory
2393 Council, to be composed consist of eight members as follows: the
2394 president of the Florida Wine and Grape Growers Association
2395 Florida Grape Growers' Association or a designee thereof; a
2396 representative from the Institute of Food and Agricultural
2397 Sciences; a representative from the viticultural science program
2398 at Florida Agricultural and Mechanical University; and five
2399 additional commercial members, to be appointed for a 2-year term
2400 each by the Commissioner of Agriculture, including a wine
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2401 producer, a fresh fruit producer, a nonwine product (juice,
2402 jelly, pie fillings, etc.) producer, and a viticultural nursery
2403 operator.
2404 (2) The meetings, powers and duties, procedures, and
2405 recordkeeping of the Florida Wine Viticulture Advisory Council
2406 shall be pursuant to s. 570.232.
2407 (3) The primary responsibilities of the Florida Wine
2408 Viticulture Advisory Council are to submit to the Commissioner
2409 of Agriculture, annually, the industry's recommendations for
2410 wine and viticultural research, promotion, and education and, as
2411 necessary, the industry's recommendations for revisions to the
2412 State Wine Viticulture Plan.
2413 Section 70. Section 599.003, Florida Statutes, is amended
2414 to read:
2415 599.003 State Wine Viticulture Plan.—
2416 (1) The Commissioner of Agriculture, in consultation with
2417 the Florida Wine Viticulture Advisory Council, shall develop and
2418 coordinate the implementation of the State Wine Viticulture
2419 Plan, which shall identify problems and constraints of the wine
2420 and viticulture industry, propose possible solutions to those
2421 problems, and develop planning mechanisms for the orderly growth
2422 of the industry, including:
2423 (a) Criteria for wine and viticultural research, service,
2424 and management priorities.
2425 (b) Additional proposed legislation that may be required.
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2426 (c) Plans and goals to improve research and service
2427 capabilities at Florida Agricultural and Mechanical University
2428 and the University of Florida in their efforts to address
2429 current and future needs of the industry.
2430 (d) The potential for viticulture products in terms of
2431 market and needs for development.
2432 (e) Evaluation of wine policy alternatives, including, but
2433 not limited to, continued improvement in wine quality, blending
2434 considerations, promotion and advertising, labeling and vineyard
2435 designations, and development of production and marketing
2436 strategies.
2437 (f) Evaluation of production and fresh fruit policy
2438 alternatives, including, but not limited to, setting minimum
2439 grades and standards, promotion and advertising, development of
2440 production and marketing strategies, and setting minimum
2441 standards on types and quality of nursery plants.
2442 (g) Evaluation of policy alternatives for nonwine
2443 processed products, including, but not limited to, setting
2444 minimum quality standards and development of production and
2445 marketing strategies.
2446 (h) Research and service priorities for further
2447 development of the wine and viticulture industry.
2448 (i) The identification of state agencies and public and
2449 private institutions concerned with research, education,
2450 extension, services, planning, promotion, and marketing
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2451 functions related to wine and viticultural development and the
2452 delineation of contributions and responsibilities.
2453 (j) Business planning, investment potential, financial
2454 risks, and economics of production and utilization.
2455 (2) A revision and update of the State Wine Viticulture
2456 Plan must shall be submitted biennially to the President of the
2457 Senate, the Speaker of the House of Representatives, and the
2458 chairs of appropriate committees of the Senate and House of
2459 Representatives, and a progress report and budget request must
2460 shall be submitted annually.
2461 Section 71. Paragraph (a) of subsection (2) and subsection
2462 (3) of section 599.004, Florida Statutes, are amended, and
2463 paragraph (d) is added to subsection (2) of that section, to
2464 read:
2465 599.004 Florida Farm Winery Program; registration; logo;
2466 fees.—
2467 (2)(a) The department, in coordination with the Florida
2468 Wine Viticulture Advisory Council, shall develop and designate
2469 by rule a Florida Farm Winery logo, emblem, and directional sign
2470 to guide the public to certified Florida Farm Wineries Winery
2471 tourist attractions. The logo and emblem of certified Florida
2472 Farm Winery signs must shall be uniform.
2473 (d) Wineries that fail to recertify annually or pay the
2474 licensing fee required in paragraph (c) are subject to having
2475 the signs referenced in paragraph (b) removed and will be
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2476 responsible for all costs incurred by the Department of
2477 Transportation in connection with the removal.
2478 (3) All fees collected, except as otherwise provided by
2479 this section, shall be deposited into the Florida Wine
2480 Viticulture Trust Fund and used to develop consumer information
2481 on the native characteristics and proper use of wines.
2482 Section 72. Section 599.012, Florida Statutes, is amended
2483 to read:
2484 599.012 Florida Wine Viticulture Trust Fund; creation.—
2485 (1) There is established the Florida Wine Viticulture
2486 Trust Fund within the Department of Agriculture and Consumer
2487 Services. The department shall use the moneys deposited in the
2488 trust fund pursuant to subsection (2) to do all the following:
2489 (a) Develop and coordinate the implementation of the State
2490 Viticulture Plan.
2491 (b) Promote viticulture products manufactured from
2492 products grown in the state.
2493 (c) Provide grants for viticultural research.
2494 (2) Fifty percent of the revenues collected from the
2495 excise taxes imposed under s. 564.06 on wine produced by
2496 manufacturers in this state from products grown in the state
2497 will be deposited in the Florida Wine Viticulture Trust Fund in
2498 accordance with that section.
2499 Section 73. Subsection (1) of section 616.12, Florida
2500 Statutes, is amended to read:
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2501 616.12 Licenses upon certain shows; distribution of fees;
2502 exemptions.—
2503 (1) Each person who operates any traveling show,
2504 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2505 minstrel, rodeo, theatrical, game or test of skill, riding
2506 device, dramatic repertoire, other show or amusement, or
2507 concession, including a concession operating in a tent,
2508 enclosure, or other temporary structure, within the grounds of,
2509 and in connection with, any annual public fair held by a fair
2510 association shall pay the license taxes provided by law.
2511 However, if the association satisfies the requirements of this
2512 chapter, including securing the required fair permit from the
2513 department, the license taxes and local business tax authorized
2514 in chapter 205 are waived and the department shall issue a tax
2515 exemption certificate. The department shall adopt the proper
2516 forms and rules to administer this section, including the
2517 necessary tax exemption certificate, showing that the fair
2518 association has met all requirements and that the traveling
2519 show, exhibition, amusement enterprise, carnival, vaudeville,
2520 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2521 riding device, dramatic repertoire, other show or amusement, or
2522 concession is exempt.
2523 Section 74. Section 687.16, Florida Statutes, is created
2524 to read:
2525 687.16 Florida Farmer Financial Protection Act.—
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2526 (1) SHORT TITLE.—This section may be cited as the "Florida
2527 Farmer Financial Protection Act."
2528 (2) DEFINITIONS.—
2529 (a) "Agriculture producer" means a person or company
2530 authorized to do business in this state and engaged in the
2531 production of goods derived from plants or animals, including,
2532 but not limited to, the growing of crops, silviculture, animal
2533 husbandry, or the production of livestock or dairy products.
2534 (b) "Agritourism activity" has the same meaning as
2535 provided in s. 570.86.
2536 (c) "Commissioner" means the Commissioner of Agriculture.
2537 (d) "Company" means a for-profit organization,
2538 association, corporation, partnership, joint venture, sole
2539 proprietorship, limited partnership, limited liability
2540 partnership, or limited liability company, including a wholly
2541 owned subsidiary, majority-owned subsidiary, parent company, or
2542 affiliate of those entities or business associations authorized
2543 to do business in this state.
2544 (e) "Denies or restricts" means refusing to provide
2545 services, terminating existing services, or restricting or
2546 burdening the scope or nature of services offered or provided.
2547 (f) "Discriminate in the provision of financial services"
2548 means to deny or restrict services and thereby decline to
2549 provide financial services.
2550 (g) "ESG factor" means any factor or consideration that is
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2551 collateral to or not reasonably likely to affect or impact
2552 financial risk and includes the promotion, furtherance, or
2553 achievement of environmental, social, or political goals,
2554 objectives, or outcomes, which may include the agriculture
2555 producer's greenhouse gas emissions, use of fossil-fuel derived
2556 fertilizer, or use of fossil-fuel powered machinery.
2557 (h) "Farm" means the land, buildings, support facilities,
2558 machinery, and other appurtenances used in the production of
2559 farm or aquaculture products.
2560 (i) "Financial institution" means a company authorized to
2561 do business in this state which has total assets of more than
2562 $100 million and offers financial services. A financial
2563 institution includes any affiliate or subsidiary company, even
2564 if that affiliate or subsidiary company is also a financial
2565 institution.
2566 (j) "Financial service" means any product or service that
2567 is of a financial nature and is offered by a financial
2568 institution.
2569 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2570 (a) A financial institution may not discriminate in the
2571 provision of financial services to an agriculture producer
2572 based, in whole or in part, upon an ESG factor.
2573 (b) If a financial institution has made any ESG commitment
2574 related to agriculture, there is an inference that the
2575 institution's denial or restriction of a financial service to an
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2576 agriculture producer violates paragraph (a).
2577 (c) A financial institution may overcome the inference in
2578 paragraph (b) by demonstrating that its denial or restriction of
2579 a financial service was based solely on documented risk
2580 analysis, and not on any ESG factor.
2581 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2582 General, in consultation with the Office of Financial
2583 Regulation, is authorized to enforce subsection (3). Any
2584 violation of subsection (3) constitutes an unfair trade practice
2585 under part II of chapter 501 and the Attorney General is
2586 authorized to investigate and seek remedies as provided in
2587 general law. Actions for damages may be sought by an aggrieved
2588 party.
2589 Section 75. Paragraph (a) of subsection (3) of section
2590 741.0305, Florida Statutes, is amended to read:
2591 741.0305 Marriage fee reduction for completion of
2592 premarital preparation course.—
2593 (3)(a) All individuals electing to participate in a
2594 premarital preparation course shall choose from the following
2595 list of qualified instructors:
2596 1. A psychologist licensed under chapter 490.
2597 2. A clinical social worker licensed under chapter 491.
2598 3. A marriage and family therapist licensed under chapter
2599 491.
2600 4. A mental health counselor licensed under chapter 491.
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2601 5. An official representative of a religious institution
2602 which is recognized under s. 496.404 s. 496.404(23), if the
2603 representative has relevant training.
2604 6. Any other provider designated by a judicial circuit,
2605 including, but not limited to, school counselors who are
2606 certified to offer such courses. Each judicial circuit may
2607 establish a roster of area course providers, including those who
2608 offer the course on a sliding fee scale or for free.
2609 Section 76. Paragraph (h) of subsection (2), subsection
2610 (3), paragraph (c) of subsection (6), and subsection (10) of
2611 section 790.06, Florida Statutes, are amended to read:
2612 790.06 License to carry concealed weapon or concealed
2613 firearm.—
2614 (2) The Department of Agriculture and Consumer Services
2615 shall issue a license if the applicant:
2616 (h) Demonstrates competence with a firearm by any one of
2617 the following:
2618 1. Completion of any hunter education or hunter safety
2619 course approved by the Fish and Wildlife Conservation Commission
2620 or a similar agency of another state;
2621 2. Completion of any National Rifle Association firearms
2622 safety or training course;
2623 3. Completion of any firearms safety or training course or
2624 class available to the general public offered by a law
2625 enforcement agency, junior college, college, or private or
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2626 public institution or organization or firearms training school,
2627 using instructors certified by the National Rifle Association,
2628 Criminal Justice Standards and Training Commission, or the
2629 Department of Agriculture and Consumer Services;
2630 4. Completion of any law enforcement firearms safety or
2631 training course or class offered for security guards,
2632 investigators, special deputies, or any division or subdivision
2633 of a law enforcement agency or security enforcement;
2634 5. Presents evidence of equivalent experience with a
2635 firearm through participation in organized shooting competition
2636 or United States military service;
2637 6. Is licensed or has been licensed to carry a concealed
2638 weapon or concealed firearm in this state or a county or
2639 municipality of this state, unless such license has been revoked
2640 for cause; or
2641 7. Completion of any firearms training or safety course or
2642 class conducted by a state-certified or National Rifle
2643 Association certified firearms instructor;
2644
2645 A photocopy of a certificate of completion of any of the courses
2646 or classes; an affidavit from the instructor, school, club,
2647 organization, or group that conducted or taught such course or
2648 class attesting to the completion of the course or class by the
2649 applicant; or a copy of any document that shows completion of
2650 the course or class or evidences participation in firearms
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2651 competition shall constitute evidence of qualification under
2652 this paragraph. A person who conducts a course pursuant to
2653 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2654 an instructor, attests to the completion of such courses, must
2655 maintain records certifying that he or she observed the student
2656 safely handle and discharge the firearm in his or her physical
2657 presence and that the discharge of the firearm included live
2658 fire using a firearm and ammunition as defined in s. 790.001;
2659 (3)(a) The Department of Agriculture and Consumer Services
2660 shall deny a license if the applicant has been found guilty of,
2661 had adjudication of guilt withheld for, or had imposition of
2662 sentence suspended for one or more crimes of violence
2663 constituting a misdemeanor, unless 3 years have elapsed since
2664 probation or any other conditions set by the court have been
2665 fulfilled or the record has been sealed or expunged. The
2666 Department of Agriculture and Consumer Services shall revoke a
2667 license if the licensee has been found guilty of, had
2668 adjudication of guilt withheld for, or had imposition of
2669 sentence suspended for one or more crimes of violence within the
2670 preceding 3 years. The department shall, upon notification by a
2671 law enforcement agency, a court, clerk's office, or the Florida
2672 Department of Law Enforcement and subsequent written
2673 verification, temporarily suspend a license or the processing of
2674 an application for a license if the licensee or applicant is
2675 arrested or formally charged with a crime that would disqualify
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2676 such person from having a license under this section, until
2677 final disposition of the case. The department shall suspend a
2678 license or the processing of an application for a license if the
2679 licensee or applicant is issued an injunction that restrains the
2680 licensee or applicant from committing acts of domestic violence
2681 or acts of repeat violence. The department shall notify the
2682 licensee or applicant suspended under this section of his or her
2683 right to a hearing pursuant to chapter 120. A hearing conducted
2684 regarding the temporary suspension must be for the limited
2685 purpose of determining whether the licensee has been arrested or
2686 charged with a disqualifying crime or issued an injunction or
2687 court order. If the criminal case or injunction results in a
2688 nondisqualifying disposition, the department must issue an order
2689 lifting the suspension upon the applicant or licensee's
2690 submission to the department of a certified copy of the final
2691 resolution. If the criminal case results in a disqualifying
2692 disposition, the suspension remains in effect and the department
2693 must proceed with denial or revocation proceedings pursuant to
2694 chapter 120.
2695 (b) This subsection does not limit, restrict, or inhibit
2696 the constitutional right to bear arms and carry a concealed
2697 weapon in this state. The Legislature finds it a matter of
2698 public policy and public safety that it is necessary to ensure
2699 that potentially disqualifying information about an applicant or
2700 licensee is investigated and processed in a timely manner by the
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2701 department pursuant to this section. The Legislature intends to
2702 clarify that suspensions pursuant to this section are temporary,
2703 and the department has the duty to make an eligibility
2704 determination and issue a license in the time frame prescribed
2705 in this subsection.
2706 (6)
2707 (c) The Department of Agriculture and Consumer Services
2708 shall, within 90 days after the date of receipt of the items
2709 listed in subsection (5):
2710 1. Issue the license; or
2711 2. Deny the application based solely on the ground that
2712 the applicant fails to qualify under the criteria listed in
2713 subsection (2) or subsection (3). If the Department of
2714 Agriculture and Consumer Services denies the application, it
2715 shall notify the applicant in writing, stating the ground for
2716 denial and informing the applicant of any right to a hearing
2717 pursuant to chapter 120.
2718 3. In the event the result of the criminal history
2719 screening identifies department receives criminal history
2720 information related to a crime that may disqualify the applicant
2721 but does not contain with no final disposition of the crime or
2722 lacks sufficient information to make an eligibility
2723 determination on a crime which may disqualify the applicant, the
2724 time limitation prescribed by this paragraph may be extended for
2725 up to an additional 90 days after the receipt of the information
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2726 suspended until receipt of the final disposition or proof of
2727 restoration of civil and firearm rights. The department may make
2728 a request for information to the jurisdiction where the criminal
2729 history information originated but must issue a license if it
2730 does not obtain a disposition or sufficient information to make
2731 an eligibility determination within the additional 90 days if
2732 the applicant is otherwise eligible. The department may take any
2733 action authorized in this section if it receives disqualifying
2734 criminal history information during the additional 90-day review
2735 or after issuance of a license.
2736 (10) A license issued under this section must shall be
2737 temporarily suspended as provided for in subparagraph (6)(c)3.,
2738 or revoked pursuant to chapter 120 if the license was issued in
2739 error or if the licensee:
2740 (a) Is found to be ineligible under the criteria set forth
2741 in subsection (2);
2742 (b) Develops or sustains a physical infirmity which
2743 prevents the safe handling of a weapon or firearm;
2744 (c) Is convicted of a felony which would make the licensee
2745 ineligible to possess a firearm pursuant to s. 790.23;
2746 (d) Is found guilty of a crime under chapter 893, or
2747 similar laws of any other state, relating to controlled
2748 substances;
2749 (e) Is committed as a substance abuser under chapter 397,
2750 or is deemed a habitual offender under s. 856.011(3), or similar
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2751 laws of any other state;
2752 (f) Is convicted of a second violation of s. 316.193, or a
2753 similar law of another state, within 3 years after a first
2754 conviction of such section or similar law of another state, even
2755 though the first violation may have occurred before the date on
2756 which the application was submitted;
2757 (g) Is adjudicated an incapacitated person under s.
2758 744.331, or similar laws of any other state; or
2759 (h) Is committed to a mental institution under chapter
2760 394, or similar laws of any other state.
2761
2762 Notwithstanding s. 120.60(5), service of a notice of the
2763 suspension or revocation of a concealed weapon or concealed
2764 firearm license must be given by either certified mail, return
2765 receipt requested, to the licensee at his or her last known
2766 mailing address furnished to the Department of Agriculture and
2767 Consumer Services, or by personal service. If a notice given by
2768 certified mail is returned as undeliverable, a second attempt
2769 must be made to provide notice to the licensee at that address,
2770 by either first-class mail in an envelope, postage prepaid,
2771 addressed to the licensee at his or her last known mailing
2772 address furnished to the department, or, if the licensee has
2773 provided an e-mail address to the department, by e-mail. Such
2774 mailing by the department constitutes notice, and any failure by
2775 the licensee to receive such notice does not stay the effective
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2776 date or term of the suspension or revocation. A request for
2777 hearing must be filed with the department within 21 days after
2778 notice is received by personal delivery, or within 26 days after
2779 the date the department deposits the notice in the United States
2780 mail (21 days plus 5 days for mailing). The department shall
2781 document its attempts to provide notice, and such documentation
2782 is admissible in the courts of this state and constitutes
2783 sufficient proof that notice was given.
2784 Section 77. Subsection (2) of section 812.0151, Florida
2785 Statutes, is amended to read:
2786 812.0151 Retail fuel theft.—
2787 (2)(a) A person commits a felony of the third degree,
2788 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2789 if he or she willfully, knowingly, and without authorization:
2790 1. Breaches a retail fuel dispenser or accesses any
2791 internal portion of a retail fuel dispenser; or
2792 2. Possesses any device constructed for the purpose of
2793 fraudulently altering, manipulating, or interrupting the normal
2794 functioning of a retail fuel dispenser.
2795 (b) A person commits a felony of the second degree,
2796 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2797 if he or she willfully, knowingly, and without authorization:
2798 1. Physically tampers with, manipulates, removes,
2799 replaces, or interrupts any mechanical or electronic component
2800 located on within the internal or external portion of a retail
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2801 fuel dispenser; or
2802 2. Uses any form of electronic communication to
2803 fraudulently alter, manipulate, or interrupt the normal
2804 functioning of a retail fuel dispenser.
2805 (c) A person commits a felony of the third degree,
2806 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2807 if he or she:
2808 1. Obtains fuel as a result of violating paragraph (a) or
2809 paragraph (b); or
2810 2. Modifies a vehicle's factory installed fuel tank or
2811 possesses any item used to hold fuel which was not fitted to a
2812 vehicle or conveyance at the time of manufacture with the intent
2813 to use such fuel tank or item to hold or transport fuel obtained
2814 as a result of violating paragraph (a) or paragraph (b); or
2815 3. Possesses or uses any form of a payment instrument that
2816 can be used, alone or in conjunction with another access device,
2817 to authorize a fuel transaction or obtain fuel, including, but
2818 not limited to, a plastic payment card with a magnetic stripe or
2819 a chip encoded with account information or both, with the intent
2820 to defraud the fuel retailer, the authorized payment instrument
2821 financial account holder, or the banking institution that issued
2822 the payment instrument financial account.
2823 Section 78. Section 812.136, Florida Statutes, is created
2824 to read:
2825 812.136 Mail theft.—
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2826 (1) As used in this section, unless the context otherwise
2827 requires:
2828 (a) "Mail" means any letter, postal card, parcel,
2829 envelope, package, bag, or any other sealed article addressed to
2830 another, along with its contents.
2831 (b) "Mail depository" means a mail box, letter box, mail
2832 route, or mail receptacle of a postal service, an office of a
2833 postal service, or mail carrier of a postal service, or a
2834 vehicle of a postal service.
2835 (c) "Postal service" means the United States Postal
2836 Service or its contractors, or any commercial courier that
2837 delivers mail.
2838 (2) Any of the following acts constitutes mail theft:
2839 (a) Removing mail from a mail depository or taking mail
2840 from a mail carrier of a postal service with the intent to
2841 commit a theft in violation of s. 812.014.
2842 (b) Obtaining custody of mail by fraud or deception with
2843 the intent to commit a theft in violation of s. 812.014.
2844 (c) Selling, receiving, possessing, transferring, buying,
2845 or concealing mail obtained by acts described in paragraph (a)
2846 or paragraph (b) of this subsection, while knowing or having
2847 reason to know the mail was obtained illegally.
2848 (3) Any of the following constitutes theft of or
2849 unauthorized reproduction of a mail depository key or lock:
2850 (a) Theft or obtaining by false pretense any key or lock
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2851 adopted by a postal service for a mail depository or other
2852 authorized receptacle for the deposit or delivery of mail.
2853 (b) Knowingly and unlawfully making, forging, or
2854 counterfeiting any such key or possessing any such key or lock
2855 adopted by a postal service with the intent to unlawfully or
2856 improperly use, sell, or otherwise dispose of the key or lock,
2857 or to cause the key or lock to be unlawfully or improperly used,
2858 sold, or otherwise disposed.
2859 (4) A person who commits a first violation of this section
2860 commits a misdemeanor of the first degree, punishable as
2861 provided in s. 775.082 or s. 775.083. A person who commits a
2862 second or subsequent violation of this section commits a felony
2863 of the third degree, punishable as provided in s. 775.082, s.
2864 775.083, or s. 775.084.
2865 Section 79. Paragraph (i) of subsection (4) of section
2866 934.50, Florida Statutes, is amended to read:
2867 934.50 Searches and seizure using a drone.—
2868 (4) EXCEPTIONS.—This section does not prohibit the use of
2869 a drone:
2870 (i) By a person or an entity engaged in a business or
2871 profession licensed by the state, or by an agent, employee, or
2872 contractor thereof, if the drone is used only to perform
2873 reasonable tasks within the scope of practice or activities
2874 permitted under such person's or entity's license. However, this
2875 exception does not apply to a profession in which the licensee's
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2876 authorized scope of practice includes obtaining information
2877 about the identity, habits, conduct, movements, whereabouts,
2878 affiliations, associations, transactions, reputation, or
2879 character of any society, person, or group of persons.
2880 Section 80. Section 1013.373, Florida Statutes, is created
2881 to read:
2882 1013.373 Educational facilities used for agricultural
2883 education.—
2884 (1) Notwithstanding any other provision of law, a local
2885 government may not adopt any ordinance, regulation, rule, or
2886 policy to prohibit, restrict, regulate, or otherwise limit any
2887 activities of public educational facilities and auxiliary
2888 facilities constructed by a board for agricultural education,
2889 for Future Farmers of America or 4-H activities, or the storage
2890 of any animal or equipment therein.
2891 (2) Lands used for agricultural education or for Future
2892 Farmers of America or 4-H activities are considered agricultural
2893 lands pursuant to s. 193.461 and subject to s. 823.14.
2894 Section 81. For the purpose of incorporating the amendment
2895 made by this act to section 110.205, Florida Statutes, in a
2896 reference thereto, paragraph (a) of subsection (5) of section
2897 295.07, Florida Statutes, is reenacted to read:
2898 295.07 Preference in appointment and retention.—
2899 (5) The following positions are exempt from this section:
2900 (a) Those positions that are exempt from the state Career
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2901 Service System under s. 110.205(2); however, all positions under
2902 the University Support Personnel System of the State University
2903 System as well as all Career Service System positions under the
2904 Florida College System and the School for the Deaf and the
2905 Blind, or the equivalent of such positions at state
2906 universities, Florida College System institutions, or the School
2907 for the Deaf and the Blind, are not exempt.
2908 Section 82. For the purpose of incorporating the amendment
2909 made by this act to section 388.271, Florida Statutes, in a
2910 reference thereto, paragraph (a) of subsection (1) of section
2911 189.062, Florida Statutes, is reenacted to read:
2912 189.062 Special procedures for inactive districts.—
2913 (1) The department shall declare inactive any special
2914 district in this state by documenting that:
2915 (a) The special district meets one of the following
2916 criteria:
2917 1. The registered agent of the district, the chair of the
2918 governing body of the district, or the governing body of the
2919 appropriate local general-purpose government notifies the
2920 department in writing that the district has taken no action for
2921 2 or more years;
2922 2. The registered agent of the district, the chair of the
2923 governing body of the district, or the governing body of the
2924 appropriate local general-purpose government notifies the
2925 department in writing that the district has not had a governing
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2926 body or a sufficient number of governing body members to
2927 constitute a quorum for 2 or more years;
2928 3. The registered agent of the district, the chair of the
2929 governing body of the district, or the governing body of the
2930 appropriate local general-purpose government fails to respond to
2931 an inquiry by the department within 21 days;
2932 4. The department determines, pursuant to s. 189.067, that
2933 the district has failed to file any of the reports listed in s.
2934 189.066;
2935 5. The district has not had a registered office and agent
2936 on file with the department for 1 or more years;
2937 6. The governing body of a special district provides
2938 documentation to the department that it has unanimously adopted
2939 a resolution declaring the special district inactive. The
2940 special district is responsible for payment of any expenses
2941 associated with its dissolution;
2942 7. The district is an independent special district or a
2943 community redevelopment district created under part III of
2944 chapter 163 that has reported no revenue, no expenditures, and
2945 no debt under s. 189.016(9) or s. 218.32 for at least 5
2946 consecutive fiscal years beginning no earlier than October 1,
2947 2018. This subparagraph does not apply to a community
2948 development district established under chapter 190 or to any
2949 independent special district operating pursuant to a special act
2950 that provides that any amendment to chapter 190 to grant
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2951 additional powers constitutes a power of that district; or
2952 8. For a mosquito control district created pursuant to
2953 chapter 388, the department has received notice from the
2954 Department of Agriculture and Consumer Services that the
2955 district has failed to file a tentative work plan and tentative
2956 detailed work plan budget as required by s. 388.271.
2957 Section 83. For the purpose of incorporating the amendment
2958 made by this act to section 388.271, Florida Statutes, in a
2959 reference thereto, subsection (7) of section 388.261, Florida
2960 Statutes, is reenacted to read:
2961 388.261 State aid to counties and districts for arthropod
2962 control; distribution priorities and limitations.—
2963 (7) The department may use state funds appropriated for a
2964 county or district under subsection (1) or subsection (2) to
2965 provide state mosquito or other arthropod control equipment,
2966 supplies, or services when requested by a county or district
2967 eligible to receive state funds under s. 388.271.
2968 Section 84. For the purpose of incorporating the amendment
2969 made by this act to section 482.161, Florida Statutes, in a
2970 reference thereto, paragraph (b) of subsection (3) of section
2971 482.072, Florida Statutes, is reenacted to read:
2972 482.072 Pest control customer contact centers.—
2973 (3)
2974 (b) Notwithstanding any other provision of this section:
2975 1. A customer contact center licensee is subject to
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2976 disciplinary action under s. 482.161 for a violation of this
2977 section or a rule adopted under this section committed by a
2978 person who solicits pest control services or provides customer
2979 service in a customer contact center.
2980 2. A pest control business licensee may be subject to
2981 disciplinary action under s. 482.161 for a violation of this
2982 section or a rule adopted under this section committed by a
2983 person who solicits pest control services or provides customer
2984 service in a customer contact center operated by a licensee if
2985 the licensee participates in the violation.
2986 Section 85. For the purpose of incorporating the amendment
2987 made by this act to section 482.161, Florida Statutes, in a
2988 reference thereto, section 482.163, Florida Statutes, is
2989 reenacted to read:
2990 482.163 Responsibility for pest control activities of
2991 employee.—Proper performance of pest control activities by a
2992 pest control business employee is the responsibility not only of
2993 the employee but also of the certified operator in charge, and
2994 the certified operator in charge may be disciplined pursuant to
2995 the provisions of s. 482.161 for the pest control activities of
2996 an employee. A licensee may not automatically be considered
2997 responsible for violations made by an employee. However, the
2998 licensee may not knowingly encourage, aid, or abet violations of
2999 this chapter.
3000 Section 86. For the purpose of incorporating the amendment
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3001 made by this act to section 487.044, Florida Statutes, in a
3002 reference thereto, section 487.156, Florida Statutes, is
3003 reenacted to read:
3004 487.156 Governmental agencies.—All governmental agencies
3005 shall be subject to the provisions of this part and rules
3006 adopted under this part. Public applicators using or supervising
3007 the use of restricted-use pesticides shall be subject to
3008 examination as provided in s. 487.044.
3009 Section 87. For the purpose of incorporating the amendment
3010 made by this act to section 496.405, Florida Statutes, in a
3011 reference thereto, subsection (2) of section 496.4055, Florida
3012 Statutes, is reenacted to read:
3013 496.4055 Charitable organization or sponsor board duties.—
3014 (2) The board of directors, or an authorized committee
3015 thereof, of a charitable organization or sponsor required to
3016 register with the department under s. 496.405 shall adopt a
3017 policy regarding conflict of interest transactions. The policy
3018 shall require annual certification of compliance with the policy
3019 by all directors, officers, and trustees of the charitable
3020 organization. A copy of the annual certification shall be
3021 submitted to the department with the annual registration
3022 statement required by s. 496.405.
3023 Section 88. For the purpose of incorporating the amendment
3024 made by this act to section 496.405, Florida Statutes, in
3025 references thereto, subsections (2) and (4) of section 496.406,
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3026 Florida Statutes, are reenacted to read:
3027 496.406 Exemption from registration.—
3028 (2) Before soliciting contributions, a charitable
3029 organization or sponsor claiming to be exempt from the
3030 registration requirements of s. 496.405 under paragraph (1)(d)
3031 must submit annually to the department, on forms prescribed by
3032 the department:
3033 (a) The name, street address, and telephone number of the
3034 charitable organization or sponsor, the name under which it
3035 intends to solicit contributions, the purpose for which it is
3036 organized, and the purpose or purposes for which the
3037 contributions to be solicited will be used.
3038 (b) The tax exempt status of the organization.
3039 (c) The date on which the organization's fiscal year ends.
3040 (d) The names, street addresses, and telephone numbers of
3041 the individuals or officers who have final responsibility for
3042 the custody of the contributions and who will be responsible for
3043 the final distribution of the contributions.
3044 (e) A financial statement of support, revenue, and
3045 expenses and a statement of functional expenses that must
3046 include, but not be limited to, expenses in the following
3047 categories: program, management and general, and fundraising. In
3048 lieu of the financial statement, a charitable organization or
3049 sponsor may submit a copy of its Internal Revenue Service Form
3050 990 and all attached schedules or Internal Revenue Service Form
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3051 990-EZ and Schedule O.
3052 (4) Exemption from the registration requirements of s.
3053 496.405 does not limit the applicability of other provisions of
3054 this section to a charitable organization or sponsor.
3055 Section 89. For the purpose of incorporating the amendment
3056 made by this act to section 500.12, Florida Statutes, in a
3057 reference thereto, paragraph (a) of subsection (1) of section
3058 500.80, Florida Statutes, is reenacted to read:
3059 500.80 Cottage food operations.—
3060 (1)(a) A cottage food operation must comply with the
3061 applicable requirements of this chapter but is exempt from the
3062 permitting requirements of s. 500.12 if the cottage food
3063 operation complies with this section and has annual gross sales
3064 of cottage food products that do not exceed $250,000.
3065 Section 90. For the purpose of incorporating the amendment
3066 made by this act to section 500.172, Florida Statutes, in a
3067 reference thereto, subsection (6) of section 500.121, Florida
3068 Statutes, is reenacted to read:
3069 500.121 Disciplinary procedures.—
3070 (6) If the department determines that a food offered in a
3071 food establishment is labeled with nutrient claims that are in
3072 violation of this chapter, the department shall retest or
3073 reexamine the product within 90 days after notification to the
3074 manufacturer and to the firm at which the product was collected.
3075 If the product is again found in violation, the department shall
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3076 test or examine the product for a third time within 60 days
3077 after the second notification. The product manufacturer shall
3078 reimburse the department for the cost of the third test or
3079 examination. If the product is found in violation for a third
3080 time, the department shall exercise its authority under s.
3081 500.172 and issue a stop-sale or stop-use order. The department
3082 may impose additional sanctions for violations of this
3083 subsection.
3084 Section 91. For the purpose of incorporating the amendment
3085 made by this act to section 790.06, Florida Statutes, in a
3086 reference thereto, section 790.061, Florida Statutes, is
3087 reenacted to read:
3088 790.061 Judges and justices; exceptions from licensure
3089 provisions.—A county court judge, circuit court judge, district
3090 court of appeal judge, justice of the supreme court, federal
3091 district court judge, or federal court of appeals judge serving
3092 in this state is not required to comply with the provisions of
3093 s. 790.06 in order to receive a license to carry a concealed
3094 weapon or firearm, except that any such justice or judge must
3095 comply with the provisions of s. 790.06(2)(h). The Department of
3096 Agriculture and Consumer Services shall issue a license to carry
3097 a concealed weapon or firearm to any such justice or judge upon
3098 demonstration of competence of the justice or judge pursuant to
3099 s. 790.06(2)(h).
3100 Section 92. This act shall take effect July 1, 2025.
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CS/CS/HB 651 by Rep. Tuck and Rep. Alvarez, D.
Department of Agriculture and Consumer Services
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Tuck (strike-all):
• Adopts the definition of “electric utility” set forth in s. 366.20(4), F.S. - “Electric utility”
means any municipal electric utility, investor-owned electric utility, or rural electric
cooperative which owns, maintains, or operates an electric generation, transmission, or
distribution system within the state.
• Adds processes and timelines related to electric utilities offering to sell certain lands to
the Department of Agriculture and Consumer Services (Department) for fee simple
acquisition prior to offering such lands for sale or transferring the lands to a private
individual or entity.
• Revises the definition of “water quality additive” to mean any chemical, additive or
substance which is used in a public water system for the purpose of:
• Meeting or surpassing primary or secondary drinking water standards;
• Preventing, reducing, or removing contaminants; or
• Improving water quality.
• Clarifies the prohibition on using any additives in a public water system that do not meet
the definition of “water quality additive.”
• Provides that a first violation of the Solicitation of Contributions Act (SOC Act) is
considered voluntary and will not result in punitive action from the Department if the
violator satisfies certain requirements.
• Provides that a second or subsequent violation of the SOC Act is considered voluntary
and subjects the violator to penalties specified under the SOC Act, at the discretion of
the Department.
• Requires the Cattle Enhancement Board, Inc., in coordination with the Department, to
establish a beef marketing program to conduct research to expand the uses of beef and
beef products that strengthen the market position of Florida’s cattle industry.
• Amends the definition of “financial institution” under the Florida Farmer Financial
Protection Act to mean a company, as defined under s. 655.005(1)(h) and (i), F.S.,
which has total assets of more than $100 million.
• Clarifies the timeline of events for suspension of a firearm license or application due to
the licensee or applicant being arrested or formally charged with a disqualifying crime.
• Allows the Department, if a result of a criminal history screening identifies certain
disqualifying information, to extend the 90-day limitation by an additional 45, rather than
90, days after receipt of information sufficient to make an eligibility determination.
• Revises provisions relating to mail theft.
• Specifies that requirements and limitations on searches and seizures using a drone do
not prohibit the use of a drone by a local governmental entity, or a person under contract
with such entity, for the purpose of managing and eradicating plant or animal diseases.
• Clarifies that, unless otherwise expressly provided, the effective date of the bill is July 1,
2025.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Tuck offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraph (m) of subsection (2) of section
7 110.205, Florida Statutes, is amended to read:
8 110.205 Career service; exemptions.—
9 (2) EXEMPT POSITIONS.—The exempt positions that are not
10 covered by this part include the following:
11 (m) All assistant division director, deputy division
12 director, and bureau chief positions in any department, and
13 those positions determined by the department to have managerial
14 responsibilities comparable to such positions, which include,
15 but are not limited to:
16 1. Positions in The Department of Health and the
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Amendment No. 1
17 Department of Children and Families which are assigned primary
18 duties of serving as the superintendent or assistant
19 superintendent of an institution.
20 2. Positions in The Department of Corrections which are
21 assigned primary duties of serving as the warden, assistant
22 warden, colonel, or major of an institution or that are assigned
23 primary duties of serving as the circuit administrator or deputy
24 circuit administrator.
25 3. Positions in The Department of Transportation which are
26 assigned primary duties of serving as regional toll managers and
27 managers of offices, as specified in s. 20.23(3)(b) and (4)(c).
28 4. Positions in The Department of Environmental Protection
29 which are assigned the duty of an Environmental Administrator or
30 program administrator.
31 5. Positions in The Department of Health which are
32 assigned the duties of Environmental Administrator, Assistant
33 County Health Department Director, and County Health Department
34 Financial Administrator.
35 6. Positions in The Department of Highway Safety and Motor
36 Vehicles which are assigned primary duties of serving as
37 captains in the Florida Highway Patrol.
38 7. Positions in the Department of Agriculture and Consumer
39 Services which are assigned primary duties of serving as
40 captains or majors in the Office of Agricultural Law
41 Enforcement.
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Amendment No. 1
42
43 Unless otherwise fixed by law, the department shall set the
44 salary and benefits of the positions listed in this paragraph in
45 accordance with the rules established for the Selected Exempt
46 Service.
47 Section 2. Paragraphs (a) through (d) of subsection (2) of
48 section 163.3162, Florida Statutes, are redesignated as
49 paragraphs (b) through (e), respectively, new paragraph (a) and
50 paragraphs (f) and (g) are added to that subsection, and
51 subsections (5), (6), and (7) are added to that section, to
52 read:
53 163.3162 Agricultural Lands and Practices.—
54 (2) DEFINITIONS.—As used in this section, the term:
55 (a) "Department" means the Department of Agriculture and
56 Consumer Services.
57 (f) "Housing site" means the totality of development
58 supporting authorized housing, including buildings, mobile
59 homes, barracks, dormitories used as living quarters, parking
60 areas, common areas such as athletic fields or playgrounds,
61 storage structures, and other related structures.
62 (g) "Legally verified agricultural worker" means a person
63 who:
64 1. Is lawfully present in the United States;
65 2. Meets the definition of eligible worker pursuant to 29
66 C.F.R. s. 502.10;
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Amendment No. 1
67 3. Has been verified through the process provided in s.
68 448.095(2) and is authorized to work at the time of employment;
69 4. Is seasonally or annually employed in a bona fide
70 agricultural production;
71 5. Remains lawfully present and authorized to work
72 throughout the duration of that employment; and
73 6. Is not an unauthorized alien as defined in s.
74 448.095(1).
75 (5) HOUSING FOR LEGALLY VERIFIED AGRICULTURAL WORKERS.—
76 (a) A governmental entity may not adopt or enforce any
77 legislation, regulation, or ordinance to inhibit the
78 construction or installation of housing for legally verified
79 agricultural workers on land classified as agricultural land
80 pursuant to s. 193.461 which is operated as a bona fide farm
81 except as provided in this subsection.
82 (b) Construction or installation of housing units for
83 legally verified agricultural workers on parcels of land
84 classified as agricultural land under s. 193.461 must satisfy
85 all of the following criteria:
86 1. The dwelling units must meet federal, state, and local
87 building standards, including standards of the Department of
88 Health adopted pursuant to ss. 381.008-381.00897 and federal
89 standards for H-2A visa housing. If a written notice of intent
90 is required to be submitted to the Department of Health pursuant
91 to s. 381.0083, the appropriate governmental entity with
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Amendment No. 1
92 jurisdiction over the agricultural lands may also require
93 submittal of a copy of the written notice.
94 2. The housing site must be maintained in a neat, orderly,
95 and safe manner.
96 3. All structures containing dwelling units must be
97 located a minimum of 10 feet apart.
98 4. The square footage of the housing site's climate-
99 controlled facilities may not exceed 1.5 percent of the
100 property's area or 35,000 square feet, whichever is less.
101 5. A housing site must provide front, side, and rear yard
102 setbacks of at least 50 feet. However, an internal project
103 driveway may be located in the required yard space if the yard
104 is adjacent to a public roadway or to property that is under
105 common ownership with the housing site.
106 6. A housing site may not be located less than 100 feet
107 from a property line adjacent to property zoned for residential
108 use. If the housing site is located less than 250 feet from any
109 property line, screening must be provided between the housing
110 site and any residentially developed adjacent parcels that are
111 under different ownership. The screening may be designed in any
112 of the following ways:
113 a. Evergreen plants that, at the time of planting, are at
114 least 6 feet in height and provide an overall screening opacity
115 of 75 percent;
116 b. A masonry wall at least 6 feet in height and finished
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Amendment No. 1
117 on all sides with brick, stone, or painted or pigmented stucco;
118 c. A solid wood or PVC fence at least 6 feet in height
119 with the finished side of the fence facing out;
120 d. A row of evergreen shade trees that, at the time of
121 planting, are at least 10 feet in height, a minimum of 2-inch
122 caliper, and spaced no more than 20 feet apart; or
123 e. A berm made with a combination of the materials listed
124 in sub-subparagraphs a.-d., which is at least 6 feet in height
125 and provides an overall screening opacity of 75 percent at the
126 time of installation.
127 7. All access driveways that serve the housing site must
128 be made of packed shell, gravel, or a similar material that will
129 provide a relatively dust-free surface.
130 (c) Any local ordinance adopted pursuant to this
131 subsection must comply with all state and federal regulations
132 for migrant farmworker housing, as applicable, including rules
133 adopted by the Department of Health pursuant to ss. 381.008–
134 381.00897 and federal regulations under the Migrant and Seasonal
135 Agricultural Worker Protection Act or the H-2A visa program. A
136 governmental entity may adopt local government land use
137 regulations that are less restrictive than this subsection, but
138 which still meet regulations established by the Department of
139 Health pursuant to ss. 381.008–381.00897 and federal regulations
140 under the Migrant and Seasonal Agricultural Worker Protection
141 Act or the H-2A visa program. An ordinance adopted pursuant to
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Amendment No. 1
142 this paragraph may not conflict with the definition and
143 requirements of a legally verified agricultural worker.
144 (d) Beginning July 1, 2025, a property owner must maintain
145 records of all approved permits, including successor permits,
146 for migrant labor camps or residential migrant housing as
147 required under s. 381.0081. A property owner must maintain such
148 records for at least 3 years and make the records available for
149 inspection within 14 days after receipt of a request for records
150 by a governmental entity.
151 (e) A housing site may not continue to be used and may be
152 required to be removed under the following circumstances:
153 1. If, for any reason, a housing site is not being used
154 for legally verified agricultural workers for longer than 365
155 days, any structure used as living quarters must be removed from
156 the housing site within 180 days after receipt of written
157 notification from the county unless the property owner can
158 demonstrate that use of the site for housing legally verified
159 agricultural workers will occur within 90 days after the written
160 notification.
161 2. If the property on which the housing site is located
162 ceases to be classified as agricultural land pursuant to s.
163 193.461.
164 3. If the permit authorized by the Department of Health
165 for the housing site is revoked, all structures must be removed
166 from the housing site within 180 days after receipt of written
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Amendment No. 1
167 notification from the county unless the permit is reinstated by
168 the Department of Health.
169 4. If a housing site is found to be occupied by any person
170 who does not meet the definition of a legally verified
171 agricultural worker, or is otherwise unlawfully present in the
172 United States. A property owner who violates this subparagraph
173 is subject to a Class I fine pursuant to s. 570.971, not to
174 exceed $1,000, for the first violation, and a Class II fine, not
175 to exceed $5,000, for any subsequent violations. The fines shall
176 be collected by the clerk of the court of the county in which
177 the violation occurred.
178 (f) Notwithstanding this subsection, the construction or
179 installation of housing for legally verified agricultural
180 workers in the Florida Keys Area of Critical State Concern and
181 the City of Key West Area of Critical State Concern is subject
182 to the permit allocation systems of the Florida Keys Area of
183 Critical State Concern and the City of Key West Area of Critical
184 State Concern, respectively.
185 (g) A housing site that was constructed and in use before
186 July 1, 2024, may continue to be used, and the property owner
187 may not be required by a governmental entity to make changes to
188 meet the requirements of this subsection, unless the housing
189 site will be enlarged, remodeled, renovated, or rehabilitated.
190 The property owner of a housing site authorized under this
191 paragraph must provide regular maintenance and repair, including
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Amendment No. 1
192 compliance with health and safety regulations and maintenance
193 standards, for such housing site to ensure the health, safety,
194 and habitability of the housing site.
195 (6) DATA COLLECTION.—The department shall adopt rules
196 providing for:
197 (a) A method for governmental entities to submit reports
198 of property owners who have a housing site for legally verified
199 agriculture workers on lands classified as agricultural land
200 pursuant to s. 193.461, as provided in this section.
201 (b) A method for persons to submit complaints for review
202 and investigation by the department.
203
204 Governmental entities shall provide this information quarterly
205 to the department in a format and timeframe prescribed by rule.
206 (7) ENFORCEMENT.—
207 (a) In addition to the enforcement methods of employment
208 verification outlined in s. 448.095, the department shall
209 enforce the requirements of subsection (5). Enforcement includes
210 completing routine inspections based on a random sample of data
211 collected by governmental entities and submitted to the
212 department, the investigation and review of complaints, and the
213 enforcement of violations.
214 (b) The department shall submit the information collected
215 to the State Board of Immigration Enforcement on a quarterly
216 basis, except that the first quarter shall begin 60 days after
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217 the first quarterly data report under subsection (6) by a
218 governmental entity is received and reviewed by the department.
219 Section 3. Subsection (3) of section 201.25, Florida
220 Statutes, is amended to read:
221 201.25 Tax exemptions for certain loans.—There shall be
222 exempt from all taxes imposed by this chapter:
223 (3) Any loan made by the Agriculture and Aquaculture
224 Producers Emergency Natural Disaster Recovery Loan Program
225 pursuant to s. 570.822.
226 Section 4. Subsection (19) is added to section 253.0341,
227 Florida Statutes, to read:
228 253.0341 Surplus of state-owned lands.—
229 (19) Notwithstanding any other law or rule, the Department
230 of Agriculture and Consumer Services may surplus lands acquired
231 pursuant to s. 366.20 which are determined to be suitable for
232 bona fide agricultural production, as defined in s. 193.461. The
233 Department of Agriculture and Consumer Services shall consult
234 with the Department of Environmental Protection in the process
235 of making such determination. In the event that lands acquired
236 pursuant to s. 366.20, which are determined to be suitable for
237 bona fide agricultural production are surplused, the Department
238 of Agriculture and Consumer Services must retain a rural-lands-
239 protection easements pursuant to s. 570.71(3), and all proceeds
240 must be deposited into the Incidental Trust Fund within the
241 Department of Agriculture and Consumer Services for less than
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242 fee simple land acquisition pursuant to ss. 570.71 and 570.715.
243 By January 1, 2026, and each January 1 thereafter, the
244 Department of Agriculture and Consumer Services shall provide a
245 report of lands surplused pursuant to this subsection to the
246 board.
247 (a) Any lands designated as a state forest, state park, or
248 wildlife management area are ineligible to be surplused pursuant
249 to this subsection.
250 (b) This subsection is retroactive to January 1, 2009.
251 Section 5. Paragraphs (a) through (d) and (e) of
252 subsection (2) of section 330.41, Florida Statutes, are
253 redesignated as paragraphs (b) through (e) and (j),
254 respectively, subsection (6) is renumbered as subsection (8),
255 paragraph (d) of subsection (4) of that section is amended, a
256 new paragraph (a) and paragraphs (f) through (i) are added to
257 subsection (2), and new subsections (6) and (7) are added to
258 that section, to read:
259 330.41 Unmanned Aircraft Systems Act.—
260 (2) DEFINITIONS.—As used in this act, the term:
261 (a) "Commercial property" means real property other than
262 residential property. The term includes, but is not limited to,
263 a property zoned multifamily residential which is comprised of
264 five or more dwelling units, and real property used for
265 commercial, industrial, or agricultural purposes.
266 (f) "Private property" means any residential or commercial
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Amendment No. 1
267 property.
268 (g) "Property owner" means the owner or owners of record
269 of real property. The term includes real property held in trust
270 for the benefit of one or more individuals, in which case the
271 individual or individuals may be considered as the property
272 owner or owners, provided that the trustee provides written
273 consent. The term does not include persons renting, using,
274 living, or otherwise occupying real property.
275 (h) "Residential property" means real property zoned as
276 residential or multifamily residential and composed of four or
277 fewer dwelling units.
278 (i) "Sport shooting and training range" has the same
279 meaning as in s. 790.333(3)(h).
280 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
281 (d) This subsection and paragraph (2)(b) paragraph (2)(a)
282 shall sunset 60 days after the date that a process pursuant to
283 s. 2209 of the FAA Extension, Safety and Security Act of 2016
284 becomes effective.
285 (6) PROTECTION OF AGRICULTURAL LANDS.—
286 (a) A person may not knowingly or willfully do any of the
287 following on lands classified as agricultural lands pursuant to
288 s. 193.461:
289 1. Operate a drone.
290 2. Allow a drone to make contact with any person or object
291 on the premises of or within the boundaries of such lands.
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292 3. Allow a drone to come within a distance close enough to
293 such lands to interfere with or cause a disturbance to
294 agricultural production.
295 (b) A person who violates paragraph (a) commits a
296 misdemeanor of the second degree, punishable as provided in s.
297 775.082 or s. 775.083. A person who commits a second or
298 subsequent violation commits a misdemeanor of the first degree,
299 punishable as provided in s. 775.082 or s. 775.083.
300 (c) This subsection does not apply to actions identified
301 in paragraph (a) which are committed by:
302 1. The owner of the agricultural lands;
303 2. A person acting under the prior written consent of the
304 owner of the agricultural lands; or
305 3. A person or entity acting in compliance with the
306 provisions of s. 934.50.
307 (7) PROTECTION OF PRIVATE PROPERTY AND STATE HUNTING
308 LANDS.—
309 (a) A person may not knowingly or willfully allow a drone
310 to make contact with private property, state wildlife management
311 lands, or a sport shooting and training range or any person or
312 object on the premises of or within such property with the
313 intent to harass.
314 (b) A person who violates paragraph (a) commits a
315 misdemeanor of the second degree, punishable as provided in s.
316 775.082 or s. 775.083. A person who commits a second or
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317 subsequent violation commits a misdemeanor of the first degree,
318 punishable as provided in s. 775.082 or s. 775.083.
319 (c) A person who violates paragraph (a) and records video
320 of the private property, state wildlife management lands, or
321 sport shooting and training range, including any person or
322 object on the premises of or within the private property, state
323 wildlife management lands, or sport shooting and training range,
324 commits a misdemeanor of the first degree, punishable as
325 provided in s. 775.082 or s. 775.083. A person who commits a
326 second or subsequent violation commits a felony of the third
327 degree, punishable as provided in s. 775.082, s. 775.083, or s.
328 775.084.
329 (d) This subsection does not apply to actions identified
330 in paragraph (a) which are committed by:
331 1. The owner of the private property or sport shooting and
332 training range;
333 2. A person acting under the prior written consent of the
334 owner of the private property or sport shooting and training
335 range; or
336 3. A person or entity acting in compliance with the
337 provisions of s. 934.50.
338 Section 6. Effective July, 31 2026, section 366.20,
339 Florida Statutes, is created to read:
340 366.20 Sale and management of lands owned by electric
341 utilities.—
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342 (1) Lands acquired by an electric utility, as defined in
343 s. 366.02(4), on or after January 1, 2009, which have been
344 classified as agricultural lands pursuant to s. 193.461 at any
345 time in the 5 years preceding the acquisition of the land by the
346 electric utility must be offered for fee simple acquisition to
347 the Department of Agriculture and Consumer Services through the
348 process outlined in subsection (3) before offering for sale or
349 transferring the land to a private individual or entity.
350 (2) Lands owned by an electric utility, as defined in s.
351 366.02(4), on or after January 1, 2009, which were classified as
352 agricultural lands pursuant to s. 193.461 at any time in the 5
353 years preceding the date of acquisition of the land by the
354 electric utility must be offered for fee simple acquisition to
355 the Department of Agriculture and Consumer Services through the
356 process outlined in subsection (3) before offering for sale or
357 transferring the land to a private individual or entity.
358 (3)(a) Within 30 days before offering for sale or
359 transferring lands identified pursuant to subsection (1) or
360 subsection (2) to a private individual or entity, an electric
361 utility must issue a written intent to sell by certified mail to
362 the Commissioner of Agriculture.
363 (b) Within 30 days after the date of receipt by certified
364 mail of the written intent to sell by an electric utility, the
365 Commissioner of Agriculture may issue a written intent to
366 purchase by certified mail to the electric utility. If the
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367 Commissioner of Agriculture declines, or does not issue an
368 intent to purchase within 30 days, the electric utility is
369 released from the requirements of this section.
370 (4) Offers accepted by the Department of Agriculture and
371 Consumer Services pursuant to paragraph (3)(b) which are
372 received no later than 6 months before the start of the regular
373 legislative session must be executed no later than July 31
374 following that regular legislative session.
375 (5) The Department of Agriculture and Consumer Services
376 shall adopt rules to implement this section.
377 Section 7. Subsections (3) and (4) of section 366.94,
378 Florida Statutes, are renumbered as subsections (4) and (5),
379 respectively, subsection (2) of that section is amended, and a
380 new subsection (3) is added to that section, to read:
381 366.94 Electric vehicle charging.—
382 (2)(a) As used in this section, the term "electric vehicle
383 charging station" means the area in the immediate vicinity of
384 electric vehicle supply equipment and includes the electric
385 vehicle supply equipment, supporting equipment, and associated
386 parking spaces. The regulation of electric vehicle charging
387 stations is preempted to the state.
388 (b)(a) A local governmental entity may not enact or
389 enforce an ordinance or regulation related to electric vehicle
390 charging stations.
391 (3)(a)(b) The Department of Agriculture and Consumer
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392 Services shall adopt rules to implement this subsection and to
393 provide requirements for electric vehicle charging stations to
394 allow for consistency for consumers and the industry.
395 (b) The department may adopt rules to protect the public
396 health, safety, and welfare and establish standards for the
397 placement, design, installation, maintenance, and operation of
398 electric vehicle charging stations.
399 (c) Local governmental entities shall issue permits for
400 electric vehicle charging stations based solely upon standards
401 established by department rule and other applicable provisions
402 of state law. The department shall prescribe by rule the time
403 period for approving or denying permit applications.
404 (d) Before a charger at an electric vehicle charging
405 station is placed into service for use by the public, the
406 charger must be registered with the department on a form
407 prescribed by department rule.
408 (e) The department shall have the authority to inspect
409 electric vehicle charging stations, conduct investigations, and
410 enforce this subsection and any rules adopted under this
411 subsection. The department may impose one or more of the
412 following penalties against a person who violates this
413 subsection or any rule adopted under this subsection:
414 1. Issuance of a warning letter.
415 2. Imposition of an administrative fine in the Class II
416 category pursuant to s. 570.971 for each violation.
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417 (f) If the department determines that an electric vehicle
418 charging station or any associated equipment presents a threat
419 to the public health, safety, or welfare, the department may
420 issue an immediate final order prohibiting the use of the
421 electric vehicle charging station or any portion thereof.
422 (g) In addition to the remedies provided in this
423 subsection, and notwithstanding the existence of any adequate
424 remedy at law, the department may bring an action to enjoin a
425 violation of this subsection or rules adopted under this
426 subsection in the circuit court of the county in which the
427 violation occurs or is about to occur. Upon demonstration of
428 competent and substantial evidence by the department to the
429 court of the violation or threatened violation, the court shall
430 immediately issue the temporary or permanent injunction sought
431 by the department. The injunction must be issued without bond.
432 Section 8. Subsections (10) and (11) of section 388.011,
433 Florida Statutes, are renumbered as subsections (11) and (12),
434 respectively, subsections (2) and (5) of that section are
435 amended, and a new subsection (10) is added to that section, to
436 read:
437 388.011 Definitions.—As used in this chapter:
438 (2) "Board of commissioners" means the governing body of
439 any mosquito control program district, and may include boards of
440 county commissioners, city councils, municipalities, or other
441 similar governing bodies when context so indicates.
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442 (5) "District" means any mosquito control special district
443 established in this state by law for the express purpose of
444 controlling arthropods within boundaries of such said districts.
445 (10) "Program" means any governmental jurisdiction that
446 conducts mosquito control, whether it be a special district,
447 county, or municipality.
448 Section 9. Section 388.021, Florida Statutes, is amended
449 to read:
450 388.021 Creation of mosquito control special districts.—
451 (1) The abatement or suppression of arthropods, whether
452 disease-bearing or merely pestiferous, within any or all
453 counties of this state is advisable and necessary for the
454 maintenance and betterment of the comfort, health, and welfare
455 of the people thereof and is found and declared to be for public
456 purposes. Areas where arthropods incubate, hatch, or occur in
457 significant numbers so as to constitute a public health,
458 welfare, or nuisance problem may be controlled or abated as
459 provided in this chapter or the rules adopted under this chapter
460 promulgated hereunder. Therefore, any municipality city, town,
461 or county, or any portion or portions thereof, whether such
462 portion or portions include incorporated territory or portions
463 of two or more counties in the state, may be created into a
464 special taxing district for the control of arthropods under the
465 provisions of this chapter.
466 (2) It is the legislative intent that those mosquito
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467 control districts established prior to July 1, 1980, pursuant to
468 the petition process contained in former s. 388.031, may
469 continue to operate as outlined in this chapter. However, on and
470 after that date, no mosquito control districts may be created
471 except pursuant to s. 125.01.
472 Section 10. Section 388.181, Florida Statutes, is amended
473 to read:
474 388.181 Power to do all things necessary.—The respective
475 programs districts of the state are hereby fully authorized to
476 do and perform all things necessary to carry out the intent and
477 purposes of this law.
478 Section 11. Subsections (1), (2), (4), and (5) of section
479 388.201, Florida Statutes, are amended to read:
480 388.201 Program District budgets; hearing.—
481 (1) The fiscal year of programs districts operating under
482 the provisions of this chapter shall be the 12-month period
483 extending from October 1 of one year through September 30 of the
484 following year. The governing board of the programs district
485 shall before July 15 of each year complete the preparation of a
486 tentative detailed work plan budget covering its proposed
487 operations and requirements for arthropod control measures
488 during the ensuing fiscal year and, for the purpose of
489 determining eligibility for state aid, shall submit copies as
490 may be required to the department for review and approval. The
491 tentative detailed work plan budget must shall set forth,
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492 classified by account number, title and program items, and by
493 fund from which to be paid, the proposed expenditures of the
494 program district for construction, for acquisition of land, and
495 other purposes, for the operation and maintenance of the
496 program's district's works, the conduct of the program district
497 generally, to which may be added an amount to be held as a
498 reserve.
499 (2) The tentative detailed work plan budget must shall
500 also show the estimated amount which will appear at the
501 beginning of the fiscal year as obligated upon commitments made
502 but uncompleted,. There shall be shown the estimated unobligated
503 or net balance which will be on hand at the beginning of the
504 fiscal year, and the estimated amount to be raised by county,
505 municipality, or district taxes and from any and all other
506 sources for meeting the program's the district's requirements.
507 (4) The governing board shall:
508 (a) Shall Consider objections filed against adoption of
509 the tentative detailed work plan budget and in its discretion
510 may amend, modify, or change such budget; and
511 (b) Shall By September 30, adopt and execute on a form
512 furnished by the department a certified budget for the programs
513 district which shall be the operating and fiscal guide for the
514 program district. Certified copies of this budget must shall be
515 submitted by September 30 to the department for approval.
516 (5) County commissioners' mosquito and arthropod control
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517 budgets or the budgets of a similar governing body of a county,
518 city, or town must shall be made and adopted as prescribed by
519 subsections (1) and (2); summary figures must shall be
520 incorporated into the county budgets as prescribed by the
521 Department of Financial Services.
522 Section 12. Section 388.241, Florida Statutes, is amended
523 to read:
524 388.241 Board of county commissioners vested with powers
525 and duties of board of commissioners in certain counties.—In
526 those counties or municipalities where there has been no
527 formation of a separate or special board of commissioners, all
528 the rights, powers, and duties of a board of commissioners as
529 conferred in this chapter shall be vested in the board of county
530 commissioners or similar governing body of such said county or
531 municipality.
532 Section 13. Section 388.261, Florida Statutes, is amended
533 to read:
534 388.261 State aid to counties, municipalities, and
535 districts for arthropod control; distribution priorities and
536 limitations.—
537 (1) A county, municipality, or district may, without
538 contributing matching funds, receive state funds, supplies,
539 services, or equipment in an amount of no more than $75,000
540 $50,000 per year for up to 3 years for any new program for the
541 control of mosquitoes and other arthropods which serves an area
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542 not previously served by the county, municipality, or district.
543 These funds may be expended for any and all types of control
544 measures approved by the department.
545 (2) Every county, municipality, or district budgeting
546 local funds to be used exclusively for the control of mosquitoes
547 and other arthropods, under a plan submitted by the county,
548 municipality, or district and approved by the department, is
549 eligible to receive state funds and supplies, services, and
550 equipment on a dollar-for-dollar matching basis to the amount of
551 local funds budgeted. If state funds appropriated by the
552 Legislature are insufficient to grant each county, municipality,
553 or district state funds on a dollar-for-dollar matching basis to
554 the amount budgeted in local funds, the department must shall
555 distribute the funds as prescribed by rule. Such rules must
556 shall provide for up to 80 percent of the funds to be
557 distributed to programs with local funds for mosquito control
558 budgets of less than $1 million, if the county, municipality, or
559 district meets the eligibility requirements. The funds must
560 shall be distributed as equally as possible within the category
561 of counties pursuant to this section. The remaining funds must
562 shall be distributed as prescribed by rule among the remaining
563 counties to support mosquito control and to support research,
564 education, and outreach.
565 (3) Every county shall be limited to receive a total of
566 $120,000 of state funds, exclusive of state funds brought
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567 forward, during any one year.
568 (4) Up to 20 percent of the annual funds appropriated to
569 local governments for arthropod control may be used for
570 arthropod control research or demonstration projects as approved
571 by the department.
572 (5) If more than one program local mosquito control agency
573 exists in a county or municipality, the funds must shall be
574 prorated between the programs agencies based on the population
575 served by each program agency.
576 (6) The Commissioner of Agriculture may exempt counties,
577 municipalities, or districts from the requirements in subsection
578 (1) or, subsection (2), or subsection (3) when the department
579 determines state funds, supplies, services, or equipment are
580 necessary for the immediate control of mosquitoes and other
581 arthropods that pose a threat to human or animal health.
582 (7) The department may use state funds appropriated for a
583 county, municipality, or district under subsection (1) or
584 subsection (2) to provide state mosquito or other arthropod
585 control equipment, supplies, or services when requested by a
586 county, municipality, or district eligible to receive state
587 funds under s. 388.271.
588 (8) The department is authorized to use up to 5 percent of
589 the funds appropriated annually by the Legislature under this
590 section to provide technical assistance to the counties,
591 municipalities, or districts, or to purchase equipment,
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592 supplies, or services necessary to administer the provisions of
593 this chapter.
594 Section 14. Subsections (1) and (2) of section 388.271,
595 Florida Statutes, are amended to read:
596 388.271 Prerequisites to participation.—
597 (1) When state funds are involved, it is the duty of the
598 department to guide, review, approve, and coordinate the
599 activities of all county and municipal governments and special
600 districts receiving state funds in furtherance of the goal of
601 integrated arthropod control. Each program county eligible to
602 participate may, and each district must, begin participation on
603 October 1 of any year by filing with the department not later
604 than July 15 a tentative integrated arthropod management plan
605 work plan and tentative detailed work plan budget providing for
606 the control of arthropods. Following approval of the plan and
607 budget by the department, a copy two copies of the program's
608 county's or district's certified budget based on the approved
609 integrated arthropod management work plan and detailed work plan
610 budget must shall be submitted to the department by September 30
611 following. State funds, supplies, and services must shall be
612 made available to such program county or district by and through
613 the department immediately upon release of funds by the
614 Executive Office of the Governor.
615 (2) All purchases of supplies, materials, and equipment by
616 programs must counties or districts shall be made in accordance
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617 with the laws governing purchases by boards of county
618 commissioners or similar governing bodies, except that programs
619 districts with special laws relative to competitive bidding
620 shall make purchases in accordance therewith.
621 Section 15. Subsections (1) and (3) of section 388.281,
622 Florida Statutes, are amended to read:
623 388.281 Use of state matching funds.—
624 (1) All funds, supplies, and services released to programs
625 under this chapter must counties and districts hereunder shall
626 be used in accordance with the integrated arthropod management
627 detailed work plan and certified budget approved by both the
628 department and the board of commissioners or an appropriate
629 representative county or district. The integrated arthropod
630 management plan and budget may be amended at any time upon prior
631 approval of the department.
632 (3) In any program county or district where the arthropod
633 problem has been eliminated, or reduced to such an extent that
634 it does not constitute a health, comfort, or economic problem as
635 determined by the department, the maximum amount of state funds
636 available under this chapter shall be reduced to the amount
637 necessary to meet actual need.
638 Section 16. Subsections (1) and (2) of section 388.291,
639 Florida Statutes, are amended to read:
640 388.291 Source reduction measures; supervision by
641 department.—
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642 (1) Any program county or district may perform source
643 reduction measures in conformity with good engineering practices
644 in any area, provided that the department cooperating with the
645 county, municipality, or district has approved the operating or
646 construction plan as outlined in the integrated arthropod
647 management plan and that it has been determined by criteria
648 contained in rule that the area or areas to be controlled would
649 produce arthropods in significant numbers to constitute a health
650 or nuisance problem.
651 (2) The program county or district shall manage the
652 detailed business affairs and supervise the said work, and the
653 department shall advise the programs districts as to the best
654 and most effective measures to be used in bringing about better
655 temporary control and the permanent elimination of breeding
656 conditions. The department may at its discretion discontinue any
657 state aid provided under this chapter if hereunder in the event
658 it finds the jointly agreed upon program is not being followed
659 or is not efficiently and effectively administered.
660 Section 17. Section 388.301, Florida Statutes, is amended
661 to read:
662 388.301 Payment of state funds; supplies and services.—
663 State funds shall be payable quarterly, in accordance with the
664 rules of the department, upon requisition by the department to
665 the Chief Financial Officer. The department is authorized to
666 furnish insecticides, chemicals, materials, equipment, vehicles,
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667 and personnel in lieu of state funds where mass purchasing may
668 save funds for the state, or where it would be more practical
669 and economical to use equipment, supplies, and services between
670 two or more programs counties or districts.
671 Section 18. Section 388.311, Florida Statutes, is amended
672 to read:
673 388.311 Carry over of state funds and local funds.—State
674 and local funds budgeted for the control of mosquitoes and other
675 arthropods shall be carried over at the end of the program's
676 county or district's fiscal year, and rebudgeted for such
677 control measures the following fiscal year.
678 Section 19. Section 388.321, Florida Statutes, is amended
679 to read:
680 388.321 Equipment to become property of a program the
681 county or district.—All equipment purchased under this chapter
682 with state funds made available directly to a program the county
683 or district shall become the property of the program county or
684 district unless otherwise provided, and may be traded in on
685 other equipment, or sold, when no longer needed by the program
686 county or district.
687 Section 20. Section 388.322, Florida Statutes, is amended
688 to read:
689 388.322 Record and inventory of certain property.—A record
690 and inventory of certain property purchased with state funds for
691 arthropod control use owned by the program must district shall
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692 be maintained in accordance with s. 274.02.
693 Section 21. Section 388.323, Florida Statutes, is amended
694 to read:
695 388.323 Disposal of surplus property.—Surplus property
696 shall be disposed of according to the provisions set forth in s.
697 274.05 with the following exceptions:
698 (1) Serviceable equipment purchased using state funds for
699 arthropod control use no longer needed by a program must county
700 or district shall first be offered to any or all other programs
701 counties or districts engaged in arthropod control at a price
702 established by the board of commissioners owning the equipment.
703 (2) The alternative procedure for disposal of surplus
704 property, as prescribed in s. 274.06, must shall be followed if
705 it is determined that no other program county or district
706 engaged in arthropod control has need for the equipment.
707 (3) All proceeds from the sale of any real or tangible
708 personal property owned by the program and purchased using state
709 funds county or district shall be deposited in the program's
710 county's or district's state fund account unless otherwise
711 specifically designated by the department.
712 Section 22. Section 388.341, Florida Statutes, is amended
713 to read:
714 388.341 Reports of expenditures and accomplishments.—Each
715 program receiving state aid county and district participating
716 under the provisions of this chapter shall within 30 days after
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717 the end of each month submit to the department a monthly report
718 for the preceding month of expenditures from all funds for
719 arthropod control, and each program participating under this
720 chapter shall provide such reports of activities and
721 accomplishments as may be required by the department.
722 Section 23. Section 388.351, Florida Statutes, is amended
723 to read:
724 388.351 Transfer of equipment, personnel, and supplies
725 during an emergency.—The department, upon notifying a program
726 county or district and obtaining its approval, is authorized to
727 transfer equipment, materials, and personnel from one program
728 district to another in the event of an emergency brought about
729 by an arthropod-borne epidemic or other disaster requiring
730 emergency control.
731 Section 24. Subsection (7) of section 388.361, Florida
732 Statutes, is amended to read:
733 388.361 Department authority and rules; administration.—
734 (7) The department shall have the authority to collect,
735 detect, suppress, and control mosquitoes and other arthropods
736 that are determined by the State Health Officer to pose a threat
737 to public health, or determined by the Commissioner of
738 Agriculture to pose a threat to animal health, wherever they may
739 occur on public or private land in this state, and to do all
740 things necessary in the exercise of such authority. Before Prior
741 to the start of treatments for the control of mosquitoes or
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742 other arthropods, the department shall consult with the mosquito
743 control programs districts in the proposed treatment areas, the
744 Department of Health, the Department of Environmental
745 Protection, and the Fish and Wildlife Conservation Commission
746 regarding the proposed locations, dates, and methods to be used.
747 Section 25. Subsections (2) and (3) of section 388.3711,
748 Florida Statutes, are amended to read:
749 388.3711 Enforcement.—
750 (2) The department may issue a written warning, impose a
751 fine; deny, suspend, or revoke any license or certification, or
752 the disbursal of state aid; or deny participation, in accordance
753 with the provisions of chapter 120, upon any one or more of the
754 following grounds as may be applicable:
755 (a) Violation of any rule of the department or provision
756 of this chapter.
757 (b) Violation of FIFRA or any relevant EPA rule or
758 regulation pertaining to the use of arthropod control pesticides
759 by the licensee.
760 (c) Failure to give the department, or any authorized
761 representative thereof, true information upon request regarding
762 methods and materials used, work performed, or other information
763 essential to the administration of this chapter.
764 (3) The department may, if it finds a violation is of such
765 nature or circumstances that imposition of a fine, or denial,
766 revocation, or suspension of a certification or license or
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767 disbursal of state aid would be detrimental to the public or be
768 unnecessarily harsh under the circumstances, in its discretion,
769 place the offending party on probation for a period of not more
770 than 2 years. If the department determines that the terms of
771 such probation have been violated, it may reinstitute license or
772 certification or state aid denial, suspension, or revocation
773 proceedings.
774 Section 26. Section 388.381, Florida Statutes, is amended
775 to read:
776 388.381 Cooperation by programs counties and district.—Any
777 program conducting county or district carrying on an arthropod
778 control program may cooperate with another county, district, or
779 municipality in carrying out work a program for the control of
780 mosquitoes and other arthropods, by agreement as to the program
781 and reimbursement thereof, when approved by the department.
782 Section 27. Section 388.391, Florida Statutes, is amended
783 to read:
784 388.391 Control measures in municipalities and portions of
785 counties located outside boundaries of programs districts.—Any
786 program district whose operation is limited to a portion of the
787 county in which it is located may perform any control measures
788 authorized by this chapter in any municipality located in the
789 same county or in any portions of the same county, where there
790 is no established program district, when requested to do so by
791 the municipality or county, pursuant to s. 388.381.
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792 Section 28. Section 388.401, Florida Statutes, is amended
793 to read:
794 388.401 Penalty for damage to property or operations.—
795 Whoever shall willfully damages damage any of the property of
796 any program county or district created under this or other
797 chapters, or any works constructed, maintained, or controlled by
798 such program county or district, or who obstructs shall obstruct
799 or causes cause to be obstructed any of the operations of such
800 program county or district, or who shall knowingly or willfully
801 violates violate any provisions of this chapter or any rule or
802 regulation adopted promulgated by any board of commissioners of
803 any program, commits county or district shall be guilty of a
804 misdemeanor of the second degree, punishable as provided in s.
805 775.082 or s. 775.083.
806 Section 29. Paragraph (a) of subsection (2) of section
807 388.46, Florida Statutes, is amended to read:
808 388.46 Florida Coordinating Council on Mosquito Control;
809 establishment; membership; organization; responsibilities.—
810 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
811 (a) Membership.—The Florida Coordinating Council on
812 Mosquito Control shall be composed comprised of the following
813 representatives or their authorized designees:
814 1. The Secretary of Environmental Protection.
815 2. The State Surgeon General.
816 3. The executive director of the Fish and Wildlife
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817 Conservation Commission.
818 4. The state epidemiologist.
819 5. The Commissioner of Agriculture.
820 6. The Board of Trustees of the Internal Improvement Trust
821 Fund.
822 7. Representatives from:
823 a. The University of Florida, Institute of Food and
824 Agricultural Sciences, Florida Medical Entomological Research
825 Laboratory.
826 b. The United States Environmental Protection Agency.
827 c. The United States Department of Agriculture, Center of
828 Medical, Agricultural, and Veterinary Entomology Insects
829 Affecting Man Laboratory.
830 d. The United States Fish and Wildlife Service.
831 8. Four Two mosquito control directors to be nominated by
832 the Florida Mosquito Control Association, two representatives of
833 Florida environmental groups, and two private citizens who are
834 property owners whose lands are regularly subject to mosquito
835 control operations, to be appointed to 4-year terms by the
836 Commissioner of Agriculture and serve until his or her successor
837 is appointed.
838 Section 30. Paragraph (d) of subsection (7) of section
839 403.067, Florida Statutes, is amended to read:
840 403.067 Establishment and implementation of total maximum
841 daily loads.—
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842 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
843 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
844 (d) Enforcement and verification of basin management
845 action plans and management strategies.—
846 1. Basin management action plans are enforceable pursuant
847 to this section and ss. 403.121, 403.141, and 403.161.
848 Management strategies, including best management practices and
849 water quality monitoring, are enforceable under this chapter.
850 2. No later than January 1, 2017:
851 a. The department, in consultation with the water
852 management districts and the Department of Agriculture and
853 Consumer Services, shall initiate rulemaking to adopt procedures
854 to verify implementation of water quality monitoring required in
855 lieu of implementation of best management practices or other
856 measures pursuant to sub-subparagraph (b)2.g.;
857 b. The department, in consultation with the water
858 management districts and the Department of Agriculture and
859 Consumer Services, shall initiate rulemaking to adopt procedures
860 to verify implementation of nonagricultural interim measures,
861 best management practices, or other measures adopted by rule
862 pursuant to subparagraph (c)1.; and
863 c. The Department of Agriculture and Consumer Services, in
864 consultation with the water management districts and the
865 department, shall initiate rulemaking to adopt procedures to
866 verify implementation of agricultural interim measures, best
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867 management practices, or other measures adopted by rule pursuant
868 to subparagraph (c)2.
869
870 The rules required under this subparagraph shall include
871 enforcement procedures applicable to the landowner, discharger,
872 or other responsible person required to implement applicable
873 management strategies, including best management practices or
874 water quality monitoring as a result of noncompliance.
875 3. At least every 2 years, the Department of Agriculture
876 and Consumer Services shall perform onsite inspections of each
877 agricultural producer that enrolls in a best management
878 practice, except those enrolled by rule in subparagraph 4., to
879 ensure that such practice is being properly implemented. Such
880 verification must include a collection and review of the best
881 management practice documentation from the previous 2 years
882 required by rules adopted pursuant to subparagraph (c)2.,
883 including, but not limited to, nitrogen and phosphorus
884 fertilizer application records, which must be collected and
885 retained pursuant to subparagraphs (c)3., 4., and 6. The
886 Department of Agriculture and Consumer Services shall initially
887 prioritize the inspection of agricultural producers located in
888 the basin management action plans for Lake Okeechobee, the
889 Indian River Lagoon, the Caloosahatchee River and Estuary, and
890 Silver Springs.
891 4. The Department of Agriculture and Consumer Services is
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892 authorized to adopt rules establishing an enrollment in best
893 management practices by rule process that agricultural pollutant
894 sources and agricultural producers may use in lieu of the best
895 management practices adopted in paragraph (c) and identify best
896 management practices for landowners of parcels which meet all of
897 the following requirements:
898 a. A parcel not more than 25 acres in size.
899 b. A parcel designated as agricultural land use by the
900 county in which it is located or the parcel is granted
901 agricultural tax classification by the county property appraiser
902 of the county in which it is located.
903 c. A parcel with water use not exceeding 100,000 gallons
904 per day on average unless the entire use is met using recycled
905 water from wet detention treatment ponds or reuse water.
906 d. A parcel where the agricultural activity on the parcel
907 is not a vegetable crop, an agronomic crop, a nursery, or a
908 dairy operation.
909 e. A parcel not abutting an impaired water body identified
910 in subsection (4).
911 f. A parcel not part of a larger operation that is
912 enrolled in the Department of Agriculture and Consumer Services
913 best management practices or conducting water quality monitoring
914 prescribed by the department or a water management district.
915
916 Such requirements must specify design or performance criteria
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917 that, if applied, would result in compliance with appropriate
918 water quality standards. The Department of Agriculture and
919 Consumer Services is authorized to adopt additional eligibility
920 criteria for landowners or producers to use enrollment by rule
921 and to revoke enrollment by rule.
922 5. The Department of Agriculture and Consumer Services
923 shall annually perform onsite inspections of 20 percent for all
924 enrollments that meet the qualifications pursuant to
925 subparagraph 4. by rule within basin management action plan
926 areas, to ensure that practices are being properly implemented.
927 Such inspections must include a collection and review of the
928 identified best management practice documentation from the
929 previous 2 years required by rules adopted pursuant to
930 subparagraph (c)2. All agricultural producers enrolled by rule
931 in a best management practice must annually submit nutrient
932 records, including nitrogen and phosphorus application records
933 for the previous calendar year, to the Department of Agriculture
934 and Consumer Services as required by rules adopted pursuant to
935 subparagraph (c)2. The Department of Agriculture and Consumer
936 Services shall collect and retain these nutrient records
937 pursuant to subparagraphs (c)3., 4., and 6.
938 Section 31. Subsection (19) is added to section 403.852,
939 Florida Statutes, to read:
940 403.852 Definitions; ss. 403.850-403.864.—As used in ss.
941 403.850-403.864:
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942 (19) "Water quality additive" means any chemical,
943 additive, or substance that is used in a public water system for
944 the purpose of:
945 (a) Meeting or surpassing primary or secondary drinking
946 water standards;
947 (b) Preventing, reducing, or removing contaminants; or
948 (c) Improving water quality.
949 Section 32. Subsection (8) is added to section 403.859,
950 Florida Statutes, to read:
951 403.859 Prohibited acts.—The following acts and the
952 causing thereof are prohibited and are violations of this act:
953 (8) The use of any additive in a public water system that
954 does not meet the definition of a water quality additive as
955 defined in s. 403.852(19).
956 Section 33. Subsection (10) of section 482.111, Florida
957 Statutes, is amended to read:
958 482.111 Pest control operator's certificate.—
959 (10) In order to renew a certificate, the
960 certificateholder must complete 2 hours of approved continuing
961 education on legislation, safety, pesticide labeling, and
962 integrated pest management and 2 hours of approved continuing
963 education in each category of her or his certificate or must
964 pass an examination that the department shall provide in person
965 and remotely through a third-party vendor. The third-party
966 vendor may collect and retain a convenience fee given by the
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967 department. The department may not renew a certificate if the
968 continuing education or examination requirement is not met.
969 (a) Courses or programs, to be considered for credit, must
970 include one or more of the following topics:
971 1. The law and rules of this state pertaining to pest
972 control.
973 2. Precautions necessary to safeguard life, health, and
974 property in the conducting of pest control and the application
975 of pesticides.
976 3. Pests, their habits, recognition of the damage they
977 cause, and identification of them by accepted common name.
978 4. Current accepted industry practices in the conducting
979 of fumigation, termites and other wood-destroying organisms pest
980 control, lawn and ornamental pest control, and household pest
981 control.
982 5. How to read labels, a review of current state and
983 federal laws on labeling, and a review of changes in or
984 additions to labels used in pest control.
985 6. Integrated pest management.
986 (b) The certificateholder must submit with her or his
987 application for renewal a statement certifying that she or he
988 has completed the required number of hours of continuing
989 education. The statement must be on a form prescribed by the
990 department and must identify at least the date, location,
991 provider, and subject of the training and must provide such
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992 other information as required by the department.
993 (c) The department shall charge the same fee for
994 examination as provided in s. 482.141(2).
995 Section 34. Subsection (1) of section 482.141, Florida
996 Statutes, is amended to read:
997 482.141 Examinations.—
998 (1) Each individual seeking certification must
999 satisfactorily pass an examination which must be written but
1000 which may include practical demonstration. The department shall
1001 provide in-person and remote testing through a third-party
1002 vendor. A third-party vendor may collect and retain a
1003 convenience fee hold at least two examinations each year. An
1004 applicant may seek certification in one or more categories.
1005 Section 35. Paragraph (b) of subsection (1) of section
1006 482.155, Florida Statutes, is amended to read:
1007 482.155 Limited certification for governmental pesticide
1008 applicators or private applicators.—
1009 (1)
1010 (b) A person seeking limited certification under this
1011 subsection must pass an examination that the department shall
1012 provide in person and remotely through a third-party vendor. The
1013 third-party vendor may collect and retain a convenience fee
1014 given or approved by the department. Each application for
1015 examination must be accompanied by an examination fee set by the
1016 department, in an amount of not more than $150 or less than $50;
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1017 and a recertification fee of $25 every 4 years. Until rules
1018 setting these fees are adopted by the department, the
1019 examination fee is $50. Application for recertification must be
1020 accompanied by proof of having completed 4 classroom hours of
1021 acceptable continuing education. The limited certificate expires
1022 4 years after the date of issuance. If the certificateholder
1023 fails to renew his or her certificate and provide proof of
1024 completion of the required continuing education units within 60
1025 days after the expiration date, the certificateholder may be
1026 recertified only after reexamination. The department shall make
1027 available provide the appropriate reference material and make
1028 the examination readily accessible and available to all
1029 applicants at least quarterly or as necessary in each county.
1030 Section 36. Subsection (2) of section 482.156, Florida
1031 Statutes, is amended to read:
1032 482.156 Limited certification for commercial landscape
1033 maintenance personnel.—
1034 (2)(a) A person seeking limited certification under this
1035 section must pass an examination that the department shall
1036 provide in person and remotely through a third-party vendor. The
1037 third-party vendor may collect and retain a convenience fee
1038 given by the department. Each application for examination must
1039 be accompanied by an examination fee set by rule of the
1040 department, in an amount of not more than $150 or less than $50.
1041 Before the department issues a limited certification under this
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1042 section, each person applying for the certification must furnish
1043 proof of having a certificate of insurance which states that the
1044 employer meets the requirements for minimum financial
1045 responsibility for bodily injury and property damage required by
1046 s. 482.071(4).
1047 (b) The department shall make available provide the
1048 appropriate reference materials for the examination and provide
1049 in-person and remote testing through a third-party vendor. A
1050 third-party vendor may collect and retain a convenience fee make
1051 the examination readily accessible and available to applicants
1052 at least quarterly or as necessary in each county.
1053 Section 37. Subsection (2) of section 482.157, Florida
1054 Statutes, is amended to read:
1055 482.157 Limited certification for commercial wildlife
1056 management personnel.—
1057 (2) The department shall issue a limited certificate to an
1058 applicant who:
1059 (a) Submits an application and examination fee of at least
1060 $150, but not more than $300, as prescribed by the department by
1061 rule;
1062 (b) Passes an examination that the department shall
1063 provide in person and remotely through a third-party vendor. The
1064 third-party vendor may collect and retain a convenience fee
1065 administered by the department. The department shall make
1066 available provide the appropriate study materials for the
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1067 examination and make the examination readily available to
1068 applicants in each county as necessary, but not less frequently
1069 than quarterly; and
1070 (c) Provides proof, including a certificate of insurance,
1071 that the applicant has met the minimum bodily injury and
1072 property damage insurance requirements in s. 482.071(4).
1073 Section 38. Paragraph (m) is added to subsection (1) of
1074 section 482.161, Florida Statutes, to read:
1075 482.161 Disciplinary grounds and actions; reinstatement.—
1076 (1) The department may issue a written warning to or
1077 impose a fine against, or deny the application for licensure or
1078 licensure renewal of, a licensee, certified operator, limited
1079 certificateholder, identification cardholder, or special
1080 identification cardholder or any other person, or may suspend,
1081 revoke, or deny the issuance or renewal of any license,
1082 certificate, limited certificate, identification card, or
1083 special identification card that is within the scope of this
1084 chapter, in accordance with chapter 120, upon any of the
1085 following grounds:
1086 (m) Upon the issuance of a final order imposing civil
1087 penalties under subsection 14(a) of the Federal Insecticide,
1088 Fungicide, and Rodenticide Act (FIFRA) or a criminal conviction
1089 under subsection 14(b) of FIFRA.
1090 Section 39. Subsection (2) of section 487.044, Florida
1091 Statutes, is amended to read:
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1092 487.044 Certification; examination.—
1093 (2) The department shall require each applicant for a
1094 certified applicator's license to demonstrate competence by a
1095 written or oral examination in which the applicant must
1096 demonstrate adequate knowledge concerning the proper use and
1097 application of restricted-use pesticides in each classification
1098 for which application for license is made. The department shall
1099 provide in-person and remote testing through a third-party
1100 vendor. A third-party vendor may collect and retain a
1101 convenience fee. The examination may be prepared, administered,
1102 and evaluated by the department. Each applicant for a certified
1103 applicator's license must shall demonstrate minimum competence
1104 as to:
1105 (a) The proper use of the equipment.
1106 (b) The environmental hazards that may be involved in
1107 applying restricted-use pesticides.
1108 (c) Calculating the concentration of restricted-use
1109 pesticides to be used in particular circumstances.
1110 (d) Identification of common pests to be controlled and
1111 the damages caused by such pests.
1112 (e) Protective clothing and respiratory equipment required
1113 during the handling and application of restricted-use
1114 pesticides.
1115 (f) General precautions to be followed in the disposal of
1116 containers, as well as the cleaning and decontamination of the
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1117 equipment which the applicant proposes to use.
1118 (g) Applicable state and federal pesticide laws, rules,
1119 and regulations.
1120 (h) General safety precautions.
1121 Section 40. Subsection (6) is added to section 487.175,
1122 Florida Statutes, to read:
1123 487.175 Penalties; administrative fine; injunction.—
1124 (6) Licensure may be suspended, revoked, or denied by the
1125 department, upon the issuance of a final order to a licensee
1126 imposing civil penalties under subsection 14(a) of the Federal
1127 Insecticide, Fungicide, and Rodenticide Act (FIFRA) or a
1128 criminal conviction under subsection 14(b) of FIFRA.
1129 Section 41. Subsections (13) through (28) of section
1130 496.404, Florida Statutes, are renumbered as subsections (15)
1131 through (30), respectively, and new subsections (13) and (14)
1132 are added to that section, to read:
1133 496.404 Definitions.—As used in ss. 496.401-496.424, the
1134 term:
1135 (13) "Foreign country of concern" has the same meaning as
1136 in s. 286.101(1)(b).
1137 (14) "Foreign source of concern" means any of the
1138 following:
1139 (a) The government or any official of the government of a
1140 foreign country of concern;
1141 (b) A political party or member of a political party or
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1142 any subdivision of a political party in a foreign country of
1143 concern;
1144 (c) A partnership, an association, a corporation, an
1145 organization, or other combination of persons organized under
1146 the laws of or having its principal place of business in a
1147 foreign country of concern, or a subsidiary of such entity;
1148 (d) Any person who is domiciled in a foreign country of
1149 concern and is not a citizen or lawful permanent citizen of the
1150 United States;
1151 (e) An agent, including a subsidiary or an affiliate of a
1152 foreign legal entity, acting on behalf of a foreign source of
1153 concern; or
1154 (f) An entity in which a person, entity, or collection of
1155 persons or entities described in paragraphs (a)–(e) has a
1156 controlling interest. As used in this paragraph, the term
1157 "controlling interest" means the possession of the power to
1158 direct or cause the direction of the management or policies of
1159 an entity, whether through ownership of securities, by contract,
1160 or otherwise. A person or an entity that directly or indirectly
1161 has the right to vote 25 percent or more of the voting interest
1162 of the company or is entitled to 25 percent or more of its
1163 profits is presumed to possess a controlling interest.
1164 Section 42. Paragraphs (d) through (g) of subsection (2)
1165 of section 496.405, Florida Statutes, are redesignated as
1166 paragraphs (f) through (i), respectively, new paragraphs (d) and
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1167 (e) are added to that subsection, subsection (11) is added to
1168 that section, and subsection (1) and paragraph (b) of subsection
1169 (7) of that section are amended, to read:
1170 496.405 Registration statements by charitable
1171 organizations and sponsors.—
1172 (1) A charitable organization or sponsor, unless exempted
1173 pursuant to s. 496.406, which intends to solicit contributions
1174 in or from this state by any means or have funds solicited on
1175 its behalf by any other person, charitable organization,
1176 sponsor, commercial co-venturer, or professional solicitor, or
1177 that participates in a charitable sales promotion or sponsor
1178 sales promotion, must, before engaging in any of these
1179 activities, file an initial registration statement, which
1180 includes an attestation statement, and a renewal statement
1181 annually thereafter, with the department.
1182 (a) Except as provided in paragraph (b), any changes in
1183 the information submitted on the initial registration statement
1184 or the last renewal statement must be updated annually on a
1185 renewal statement provided by the department on or before the
1186 date that marks 1 year after the date the department approved
1187 the initial registration statement as provided in this section.
1188 The department shall annually provide a renewal statement to
1189 each registrant by mail or by electronic mail at least 30 days
1190 before the renewal date.
1191 (b) Any changes to the information submitted to the
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Amendment No. 1
1192 department pursuant to paragraph (2)(f) (2)(d) on the initial
1193 registration statement, which includes an attestation statement,
1194 or the last renewal statement must be reported to the department
1195 on a form prescribed by the department within 10 days after the
1196 change occurs.
1197 (c) A charitable organization or sponsor that is required
1198 to file an initial registration statement or annual renewal
1199 statement may not, before approval of its statement by the
1200 department in accordance with subsection (7), solicit
1201 contributions or have contributions solicited on its behalf by
1202 any other person, charitable organization, sponsor, commercial
1203 co-venturer, or professional solicitor or participate in a
1204 charitable sales promotion or sponsor sales promotion.
1205 (d) The registration of a charitable organization or
1206 sponsor may not continue in effect and shall expire without
1207 further action of the department under either of the following
1208 circumstances:
1209 1. After the date the charitable organization or sponsor
1210 should have filed, but failed to file, its renewal statement in
1211 accordance with this section.
1212 2. For failure to provide a financial statement within any
1213 extension period provided under s. 496.407.
1214 (2) The initial registration statement must be submitted
1215 on a form prescribed by the department, signed by an authorized
1216 official of the charitable organization or sponsor who shall
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Amendment No. 1
1217 certify that the registration statement is true and correct, and
1218 include the following information or material:
1219 (d) An attestation statement, which must be submitted on a
1220 form prescribed by the department and signed by an authorized
1221 official of the charitable organization, who shall certify and
1222 attest that the charitable organization, if engaged in
1223 activities that would require registration pursuant to chapter
1224 106 is registered with the Department of State, pursuant to
1225 chapter 106.
1226 (e) An attestation statement on a form prescribed by the
1227 department, signed by an authorized official of the charitable
1228 organization, who shall certify and attest that the charitable
1229 organization, if prohibited by applicable federal or state law,
1230 is not engaged in activities that would require registration
1231 with the Department of State pursuant to chapter 106.
1232 (7)
1233 (b) If a charitable organization or sponsor discloses
1234 information specified in subparagraphs (2)(f)2.-7. (2)(d)2.-7.
1235 in the initial registration statement or annual renewal
1236 statement, the time limits set forth in paragraph (a) are
1237 waived, and the department shall process such initial
1238 registration statement or annual renewal statement in accordance
1239 with the time limits set forth in chapter 120. The registration
1240 of a charitable organization or sponsor shall be automatically
1241 suspended for failure to disclose any information specified in
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Amendment No. 1
1242 subparagraphs (2)(f)2.-7. (2)(d)2.-7. until such time as the
1243 required information is submitted to the department.
1244 (11) The department may investigate and refer a charitable
1245 organization or sponsor to the Florida Elections Commission for
1246 investigation of violations pursuant to chapters 104 and 106.
1247 Section 43. Subsection (20) is added to section 496.415,
1248 Florida Statutes, to read:
1249 496.415 Prohibited acts.—It is unlawful for any person in
1250 connection with the planning, conduct, or execution of any
1251 solicitation or charitable or sponsor sales promotion to:
1252 (20) Solicit or accept contributions or anything of value
1253 from a foreign source of concern.
1254 (a) The first violation of this subsection is considered
1255 involuntary, and shall result in no punitive action from the
1256 department if a charitable organization satisfies all of the
1257 following requirements:
1258 1. Provides the department with a solicitation or
1259 contribution form containing an attestation from such foreign
1260 source or country of concern in which the person, country, or
1261 entity falsely certifies that they are not a foreign country of
1262 concern as defined in s. 496.404(13) or a foreign source of
1263 concern as defined in s. 496.404(14).
1264 2. Provides the department with a copy of a refund to the
1265 foreign source or country of concern within 30 days after
1266 notification by the department of the prohibited act.
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Amendment No. 1
1267 3. Provides the department with a plan of action to
1268 prevent the acceptance of contributions from a foreign country
1269 or source of concern in future solicitation activities by the
1270 charitable organization.
1271 (b) A second or subsequent violation of this subsection is
1272 considered voluntary, and the charitable organization or sponsor
1273 is subject to the penalties specified in s. 496.419(5) at the
1274 discretion of the department.
1275 Section 44. Section 496.417, Florida Statutes, is amended
1276 to read:
1277 496.417 Criminal penalties.—Except as otherwise provided
1278 in ss. 496.401-496.424, and in addition to any administrative or
1279 civil penalties, any person who willfully and knowingly violates
1280 ss. 496.401-496.424 commits a felony of the third degree,
1281 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1282 For a second or subsequent conviction, such violation
1283 constitutes a felony of the second degree, punishable as
1284 provided in s. 775.082, s. 775.083, or s. 775.084. The
1285 department may also investigate and refer a charitable
1286 organization or sponsor to the Florida Elections Commission for
1287 investigation of violations pursuant to chapters 104 and 106.
1288 Section 45. Subsection (11) is added to section 496.419,
1289 Florida Statutes, to read:
1290 496.419 Powers of the department.—
1291 (11) A charitable organization or sponsor whose
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Amendment No. 1
1292 registration is denied or revoked for submitting a false
1293 attestation required pursuant to s. 496.405(2)(d) or (2)(e) is
1294 subject to the penalties specified in subsection (5) at the
1295 discretion of the department.
1296 Section 46. Section 496.431, Florida Statutes, is created
1297 to read:
1298 496.431 Honest Services Registry.—
1299 (1) The department shall create the Honest Services
1300 Registry to provide the residents of this state with the
1301 information necessary to make an informed choice when deciding
1302 which charitable organizations to support.
1303 (2) To be included on the Honest Services Registry, a
1304 charitable organization must, at a minimum, submit to the
1305 department an attestation statement on a form prescribed by the
1306 department, verified as provided in s. 92.525, attesting to all
1307 of the following:
1308 (a) That the organization does not solicit or accept,
1309 directly or indirectly, contributions, funding, support, or
1310 services from a foreign source of concern.
1311 (b) That the organization's messaging and content are not
1312 directly or indirectly produced or influenced by a foreign
1313 source of concern.
1314 (3) The department shall publish the Honest Services
1315 Registry on the department's website.
1316 (4) The department shall adopt rules to implement this
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Amendment No. 1
1317 section.
1318 Section 47. Paragraph (j) of subsection (1) of section
1319 500.03, Florida Statutes, is amended to read:
1320 500.03 Definitions; construction; applicability.—
1321 (1) For the purpose of this chapter, the term:
1322 (j) "Cottage food product" means food that is not time or
1323 temperature controlled for safety or a potentially hazardous
1324 food as defined by department rule which is sold by a cottage
1325 food operation in accordance with s. 500.80.
1326 Section 48. Paragraphs (a) and (b) of subsection (1) of
1327 section 500.12, Florida Statutes, are amended to read:
1328 500.12 Food permits; building permits.—
1329 (1)(a) A food permit from the department is required of
1330 any person or business that who operates a food establishment,
1331 except:
1332 1. Persons or businesses operating minor food outlets that
1333 sell food that is commercially prepackaged, not potentially
1334 hazardous, not age restricted, and not time or temperature
1335 controlled for safety, if the shelf space for those items does
1336 not exceed 12 total linear feet and no other food is sold by the
1337 person or business minor food outlet.
1338 2. Persons subject to continuous, onsite federal or state
1339 inspection.
1340 3. Persons selling only legumes in the shell, either
1341 parched, roasted, or boiled.
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Amendment No. 1
1342 4. Persons selling sugar cane or sorghum syrup that has
1343 been boiled and bottled on a premise located within this state.
1344 Such bottles must contain a label listing the producer's name
1345 and street address, all added ingredients, the net weight or
1346 volume of the product, and a statement that reads, "This product
1347 has not been produced in a facility permitted by the Florida
1348 Department of Agriculture and Consumer Services."
1349 (b) Each food establishment regulated under this chapter
1350 must apply for and receive a food permit before operation
1351 begins. An application for a food permit from the department
1352 must be accompanied by a fee in an amount determined by
1353 department rule. The department shall adopt by rule a schedule
1354 of fees to be paid by each food establishment as a condition of
1355 issuance or renewal of a food permit. Such fees may not exceed
1356 $650 and must be used solely for the recovery of costs for the
1357 services provided, except that the fee accompanying an
1358 application for a food permit for operating a bottled water
1359 plant may not exceed $1,000 and the fee accompanying an
1360 application for a food permit for operating a packaged ice plant
1361 may not exceed $250. The fee for operating a bottled water plant
1362 or a packaged ice plant must be set by rule of the department.
1363 Food permits are not transferable from one person or physical
1364 location to another. Food permits must be renewed in accordance
1365 with subparagraphs 1.-3. If an application for renewal of a food
1366 permit is not received by the department on or before its due
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Amendment No. 1
1367 date, a late fee not exceeding $100 must be paid in addition to
1368 the food permit fee before the department may issue the food
1369 permit. The moneys collected must be deposited in the General
1370 Inspection Trust Fund.
1371 1. A food permit issued to a new food establishment on or
1372 after September 1, 2023, is valid for 1 calendar year after the
1373 date of issuance and must be renewed annually on or before that
1374 date thereafter.
1375 2. Effective January 1, 2024, A food permit issued before
1376 September 1, 2023, expires on the month and day the initial
1377 permit was issued to the food establishment and must be renewed
1378 annually on or before that date thereafter. The department may
1379 charge a prorated permit fee for purposes of this subparagraph.
1380 3. The department may establish a single permit renewal
1381 date for multiple food establishments owned by the same entity
1382 The owner of 100 or more permitted food establishment locations
1383 may elect to set the expiration of food permits for such
1384 establishments as December 31 of each calendar year.
1385 Section 49. Section 500.166, Florida Statutes, is amended
1386 to read:
1387 500.166 Records of interstate shipment.—For the purpose of
1388 enforcing this chapter, carriers engaged in interstate commerce
1389 and persons receiving food in interstate commerce shall retain
1390 all records for 3 years from the date of the record showing the
1391 movement in interstate commerce of any food, and the quantity,
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Amendment No. 1
1392 shipper and consignee thereof and, upon the request by an
1393 officer or employee duly designated by the department, permit
1394 the officer or employee to have access to and to copy all
1395 records showing the movement in interstate commerce of any food,
1396 and the quantity, shipper, and consignee thereof.
1397 Section 50. Subsection (1) of section 500.172, Florida
1398 Statutes, is amended to read:
1399 500.172 Embargoing, detaining, destroying of food, food
1400 processing equipment, or areas that are in violation.—
1401 (1) When the department, or its duly authorized agent who
1402 has received appropriate education and training regarding the
1403 legal requirements of this chapter, finds or has probable cause
1404 to believe that any food, food processing equipment, food
1405 processing area, or food storage area is in violation of this
1406 chapter or any rule adopted under this chapter so as to be
1407 dangerous, unwholesome, mislabeled, fraudulent, or insanitary
1408 within the meaning of this chapter, an agent of the department
1409 may issue and enforce a stop-sale, stop-use, removal, or hold
1410 order, which order gives notice that such article, processing
1411 equipment, processing area, or storage area is or is suspected
1412 of being in violation and has been detained or embargoed and
1413 which order warns all persons not to remove, use, or dispose of
1414 such article, processing equipment, processing area, or storage
1415 area by sale or otherwise until permission for removal, use, or
1416 disposal is given by the department or the court. The department
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Amendment No. 1
1417 is authorized to enter into a written agreement with the owner
1418 of such food, food processing equipment, food processing area,
1419 or food storage area, or otherwise facilitate the destruction of
1420 any article found or suspected by the department to be in
1421 violation of this section. A person may not remove, use, or
1422 dispose of such detained or embargoed article, processing
1423 equipment, processing area, or storage area by sale or otherwise
1424 without such permission from or in accordance with a written
1425 agreement with the department.
1426 Section 51. Section 500.75, Florida Statutes, is created
1427 to read:
1428 500.75 Mushroom spores and mycelium; offenses.—It is
1429 unlawful to transport or offer to transport, import into this
1430 state, sell or offer for sale, furnish, or give away spores or
1431 mycelium capable of producing mushrooms or other material which
1432 will contain a controlled substance, including psilocybin or
1433 psilocyn, during its lifecycle. A person who violates this
1434 section commits a misdemeanor of the first degree, punishable as
1435 provided in s. 775.082 or s. 775.083.
1436 Section 52. Section 500.93, Florida Statutes, is created
1437 to read:
1438 500.93 Mislabeling of plant-based products as milk, meat,
1439 poultry, or eggs.—
1440 (1) As used in this section, the term:
1441 (a) "Egg" and "egg product" have the same meanings as in
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Amendment No. 1
1442 21 U.S.C. s. 1033 and the Egg Products Inspection Act.
1443 (b) "FDA" means the United States Food and Drug
1444 Administration.
1445 (c) "Meat" has the same meaning as in 9 C.F.R. s. 301.2
1446 and the Federal Meat Inspection Act.
1447 (d) "Milk" has the same meaning as in 21 C.F.R. s. 131.110
1448 and the Grade "A" pasteurized milk ordinance.
1449 (e) "Poultry" and "poultry product" have the same meanings
1450 as in 9 C.F.R. s. 381.1 and the Poultry Products Inspection Act.
1451 (2)(a) In accordance with the established standard of
1452 identity for milk defined in 21 C.F.R. s. 131.110 and the Grade
1453 "A" pasteurized milk ordinance, the department shall adopt rules
1454 to enforce the FDA's standard of identity for milk, as adopted
1455 in state law, to prohibit the sale of plant-based products
1456 mislabeled as milk in this state.
1457 (b) This subsection is effective upon the enactment into
1458 law of a mandatory labeling requirement to prohibit the sale of
1459 plant-based products mislabeled as milk that is consistent with
1460 this section by any 11 of the group of 14 states composed of
1461 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1462 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1463 Texas, Virginia, and West Virginia.
1464 (3)(a) In accordance with the established standard of
1465 identity for meat defined in 9 C.F.R. s. 301.2 and the Federal
1466 Meat Inspection Act, and both poultry and poultry products
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Amendment No. 1
1467 defined in 9 C.F.R. s. 381.1 and the Poultry Products Inspection
1468 Act, the department shall adopt rules to enforce the FDA's
1469 standard of identity for meat, poultry, and poultry products as
1470 adopted in this section, to prohibit the sale of plant-based
1471 products mislabeled as meat, poultry, or poultry products in
1472 this state.
1473 (b) This subsection is effective upon the enactment into
1474 law of a mandatory labeling requirement to prohibit the sale of
1475 plant-based products mislabeled as meat, poultry, or poultry
1476 products which is consistent with this section by any 11 of the
1477 group of 14 states composed of Alabama, Arkansas, Florida,
1478 Georgia, Kentucky, Louisiana, Maryland, Mississippi, Oklahoma,
1479 South Carolina, Tennessee, Texas, Virginia, and West Virginia.
1480 (4)(a) In accordance with the established standard of
1481 identity for eggs and egg products defined in 21 U.S.C. s. 1033
1482 and the Egg Products Inspection Act, the department shall adopt
1483 rules to enforce the FDA's standard of identity for eggs and egg
1484 products, as adopted in state law, to prohibit the sale of
1485 plant-based products mislabeled as egg or egg products in this
1486 state.
1487 (b) This subsection is effective upon the enactment into
1488 law of a mandatory labeling requirement to prohibit the sale of
1489 plant-based products mislabeled as egg or egg products that is
1490 consistent with this section by any 11 of the group of 14 states
1491 composed of Alabama, Arkansas, Florida, Georgia, Kentucky,
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Amendment No. 1
1492 Louisiana, Maryland, Mississippi, Oklahoma, South Carolina,
1493 Tennessee, Texas, Virginia, and West Virginia.
1494 (5) The Department of Agriculture and Consumer Services
1495 shall notify the Division of Law Revision upon the enactment
1496 into law by any 11 of the group of 14 states composed of
1497 Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
1498 Maryland, Mississippi, Oklahoma, South Carolina, Tennessee,
1499 Texas, Virginia, and West Virginia of the mandatory labeling
1500 requirements pursuant to subsections (2) and (3).
1501 (6) The department shall adopt rules to implement this
1502 section.
1503 (7) This section does not limit the department's authority
1504 to enforce its laws and regulations.
1505 Section 53. Section 501.135, Florida Statutes, is
1506 repealed.
1507 Section 54. Subsection (1) of section 501.912, Florida
1508 Statutes, is amended to read:
1509 501.912 Definitions.—As used in ss. 501.91-501.923:
1510 (1) "Antifreeze" means any substance or preparation,
1511 including, but not limited to, coolant, antifreeze-coolant,
1512 antifreeze and summer coolant, or summer coolant, that is sold,
1513 distributed, or intended for use:
1514 (a) As the cooling liquid, or to be added to the cooling
1515 liquid, in the cooling system of internal combustion engines of
1516 motor vehicles to prevent freezing of the cooling liquid or to
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Amendment No. 1
1517 lower its freezing point; or
1518 (b) To raise the boiling point of water, aid in vehicle
1519 component cooling, or for the prevention of engine overheating,
1520 whether or not the liquid is used as a year-round cooling system
1521 fluid.
1522 Section 55. Section 525.19, Florida Statutes, is created
1523 to read:
1524 525.19 Petroleum registration.—
1525 (1) The department shall create an annual petroleum
1526 registration program for petroleum owners or operators and shall
1527 adopt rules detailing the requirements for such registration
1528 that include, at minimum:
1529 (a) Name of the petroleum owner or operator;
1530 (b) Address of the petroleum owner or operator;
1531 (c) Phone number of the petroleum owner or operator;
1532 (d) E-mail address of the petroleum owner or operator;
1533 (e) Requirements for the transfer switch;
1534 (f) Fuel and petroleum infrastructure; and
1535 (g) Fuel and petroleum inventory and delivery information.
1536 (2) The registration program must be free for all
1537 registrants.
1538 (3) The department has the authority to require
1539 registrants to provide updates related to the status of
1540 infrastructure, inventory, and delivery information during a
1541 state of emergency as declared by an executive order issued by
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Amendment No. 1
1542 the Governor.
1543 Section 56. Section 526.147, Florida Statutes, is created
1544 to read:
1545 526.147 Florida Retail Fuel Transfer Switch Modernization
1546 Grant Program.—
1547 (1)(a) There is created, subject to appropriation, the
1548 Florida Retail Fuel Transfer Switch Modernization Grant Program
1549 within the Department of Agriculture and Consumer Services.
1550 (b) The grant program shall provide grant funds, not to
1551 exceed $10,000 per retail fuel facility, to be used for
1552 installation and equipment costs related to installing or
1553 modernizing transfer switch infrastructure at retail fuel
1554 facilities to allow for the continuity of fueling operations
1555 under generated power.
1556 (c) The department shall award funds based upon the
1557 following criteria:
1558 1. Up to $10,000, of costs for transfer switch purchase
1559 and installation for retail fuel locations in fiscally
1560 constrained counties as designated under s. 218.67(1).
1561 2. Up to $5,000, of costs for transfer switch purchase and
1562 installation for all other retail fuel locations.
1563 (d) Retail fuel facilities which are awarded grant funds
1564 must comply with s. 526.143 and must install a transfer switch
1565 capable of operating all fuel pumps, dispensing equipment, life
1566 safety systems, and payment acceptance equipment using an
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Amendment No. 1
1567 alternative generated power source.
1568 (e) Before being awarded funding from the department,
1569 retail fuel facilities must provide documentation on transfer
1570 switch installation and required generator sizing to the
1571 department.
1572 (f) Marinas and fueling facilities with fewer than four
1573 fueling positions are excluded from being awarded funding
1574 through this program.
1575 (g) Fueling facilities subject to s. 526.143(2) are
1576 excluded from being awarded funding through this program.
1577 (2) The department, in consultation with the Division of
1578 Emergency Management, shall adopt rules to implement and
1579 administer this section, including establishing grant
1580 application processes for the Florida Retail Fuel Transfer
1581 Switch Modernization Grant Program. The rules must include
1582 application deadlines and establish the supporting documentation
1583 necessary to be provided to the department.
1584 Section 57. Section 531.48, Florida Statutes, is amended
1585 to read:
1586 531.48 Declarations of unit price on random packages.—In
1587 addition to the declarations required by s. 531.47, any package
1588 being one of a lot containing random weights of the same
1589 commodity must and bearing the total selling price of the
1590 package shall bear on the outside of the package a plain and
1591 conspicuous declaration of the price per single unit of weight
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Amendment No. 1
1592 and the total retail price of the package, as defined by
1593 department rule.
1594 Section 58. Section 531.49, Florida Statutes, is amended
1595 to read:
1596 531.49 Advertising packages for sale.—Whenever A packaged
1597 commodity is advertised in any manner with the retail price
1598 stated, there shall be closely and conspicuously associated with
1599 the retail price must have a declaration of quantity as is
1600 required by law or rule to appear on the package.
1601 Section 59. Subsection (10) of section 564.06, Florida
1602 Statutes, is amended to read:
1603 564.06 Excise taxes on wines and beverages.—
1604 (10) Fifty percent of all revenues collected from the
1605 excise taxes imposed by this section on wine produced by
1606 manufacturers in this state from products grown in the state
1607 must be deposited into the Florida Wine Viticulture Trust Fund
1608 established pursuant to s. 599.012.
1609 Section 60. Subsections (44), (45), and (46) of section
1610 570.07, Florida Statutes, are renumbered as subsections (47),
1611 (48), and (49), respectively, and new subsections (44), (45),
1612 and (46) are added to that section, to read:
1613 570.07 Department of Agriculture and Consumer Services;
1614 functions, powers, and duties.—The department shall have and
1615 exercise the following functions, powers, and duties:
1616 (44)(a) To foster and encourage the employment and
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Amendment No. 1
1617 retention of qualified veterinary pathologists. The department
1618 may reimburse the educational expenses of qualified veterinary
1619 pathologists who enter into an agreement with the department to
1620 retain employment for a specified period of time.
1621 (b) The department shall adopt rules to administer this
1622 subsection.
1623 (45) Subject to appropriation, to extend state and
1624 national Future Farmers of America opportunities to any public
1625 school student enrolled in agricultural education, at little or
1626 no cost to the student or school district, and to support
1627 statewide Future Farmers of America programming that helps such
1628 students develop their potential for premier leadership,
1629 personal growth, and career success.
1630 (46)(a) Notwithstanding ss. 287.042 and 287.057, to use
1631 contracts procured by another agency.
1632 (b) As used in this subsection, the term "agency" has the
1633 same meaning as provided in s. 287.012.
1634 Section 61. Subsection (2) of section 570.544, Florida
1635 Statutes, is amended to read:
1636 570.544 Division of Consumer Services; director; powers;
1637 processing of complaints; records.—
1638 (2) The director shall supervise, direct, and coordinate
1639 the activities of the division and shall, under the direction of
1640 the department, enforce the provisions of ss. 366.94 and ss.
1641 604.15-604.34 and chapters 177, 472, 496, 501, 507, 525, 526,
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Amendment No. 1
1642 527, 531, 534, 535, 539, 559, 616, 692, 817, and 849.
1643 Section 62. Section 570.546, Florida Statutes, is created
1644 to read:
1645 570.546 Licensing.—
1646 (1) The department is authorized to:
1647 (a) Create a process for the bulk renewal of licenses
1648 which will allow licensees the ability, upon request, to submit
1649 all license applications of the same type, notwithstanding any
1650 provisions of law applicable to each application process.
1651 (b) Create a process that will allow licensees, upon
1652 request, to align the expiration dates of licenses within a
1653 statutory program.
1654 (c) Change the expiration dates for current licensees for
1655 the purpose of reducing large numbers of license expirations
1656 that occur during the same month.
1657 (2) The department shall prorate any licensing fee for
1658 which the term of the license was reduced for the purposes of
1659 alignment.
1660 (3) The department shall adopt rules to implement this
1661 section.
1662 Section 63. Section 570.694, Florida Statutes, is created
1663 to read:
1664 570.694 Florida Aquaculture Foundation.—
1665 (1) The Florida Aquaculture Foundation is established as a
1666 direct-support organization within the Department of Agriculture
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Amendment No. 1
1667 and Consumer Services. The purpose of the foundation is to:
1668 (a) Conduct programs and activities related to the
1669 assistance, promotion, and furtherance of aquaculture and
1670 aquaculture producers in this state.
1671 (b) Identify and pursue methods to provide statewide
1672 resources and materials for these programs.
1673 (2) The foundation shall be governed by s. 570.691.
1674 (3) The department is authorized to appoint an advisory
1675 committee adjunct to the foundation pursuant to s. 570.232.
1676 Section 64. Section 570.822, Florida Statutes, is amended
1677 to read:
1678 570.822 Agriculture and Aquaculture Producers Emergency
1679 Natural Disaster Recovery Loan Program.—
1680 (1) DEFINITIONS.—As used in this section, the term:
1681 (a) "Bona fide farm operation" means a farm operation
1682 engaged in a good faith commercial agricultural use of land on
1683 land classified as agricultural pursuant to s. 193.461 or on
1684 sovereign submerged land that is leased to the applicant by the
1685 department pursuant to s. 597.010 and that produces agricultural
1686 products within the definition of agriculture under s. 570.02.
1687 (b) "Declared emergency natural disaster" means an
1688 emergency a natural disaster for which a state of emergency is
1689 declared pursuant to s. 252.36 or s. 570.07(21).
1690 (c) "Department" means the Department of Agriculture and
1691 Consumer Services.
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Amendment No. 1
1692 (d) "Essential physical property" means fences; equipment;
1693 structural production facilities, such as shade houses and
1694 greenhouses; or other agriculture or aquaculture facilities or
1695 infrastructure.
1696 (e) "Program" means the Agriculture and Aquaculture
1697 Producers Emergency Natural Disaster Recovery Loan Program.
1698 (2) USE OF LOAN FUNDS; LOAN TERMS.—
1699 (a) The program is established within the department to
1700 make loans to agriculture and aquaculture producers that have
1701 experienced damage or destruction from a declared emergency
1702 natural disaster. Loan funds may be used to restore, repair, or
1703 replace essential physical property or remove vegetative debris
1704 from essential physical property, or restock aquaculture. A
1705 structure or building constructed using loan proceeds must
1706 comply with storm-hardening standards for nonresidential farm
1707 buildings as defined in s. 604.50(2). The department shall adopt
1708 such standards by rule.
1709 (b) The department may make a low-interest or interest-
1710 free loan to an eligible applicant. The maximum amount that an
1711 applicant may receive during the application period for a loan
1712 is $500,000. An applicant may not receive more than one loan per
1713 application period and no more than two loans per year or no
1714 more than five loans in any 3-year period. A loan term is 10
1715 years.
1716 (3) ELIGIBLE APPLICANTS.—To be eligible for the program,
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Amendment No. 1
1717 an applicant must:
1718 (a) Own or lease a bona fide farm operation that is
1719 located in a county named in a declared emergency natural
1720 disaster and that was damaged or destroyed as a result of such
1721 declared emergency natural disaster.
1722 (b) Maintain complete and acceptable farm records,
1723 pursuant to criteria published by the department, and present
1724 them as proof of production levels and bona fide farm
1725 operations.
1726 (4) LOAN APPLICATION AND AGREEMENT.—
1727 (a) Requests for loans must be made by application to the
1728 department. Upon a determination that funding for loans is
1729 available, the department shall publicly notice an application
1730 period for the declared emergency natural disaster, beginning
1731 within 60 days after the date of the declared emergency natural
1732 disaster and running up to 1 year after the date of the declared
1733 emergency natural disaster or until all available loan funds are
1734 exhausted, whichever occurs first. The application period may be
1735 renewed upon a determination from the department and pursuant to
1736 an active declared emergency.
1737 (b) An applicant must demonstrate the need for financial
1738 assistance and an ability to repay or meet a standard credit
1739 rating determined by the department.
1740 (c) Loans must be made pursuant to written agreements
1741 specifying the terms and conditions agreed to by the approved
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Amendment No. 1
1742 applicant and the department. The loan agreement must specify
1743 that the loan is due upon sale if the property or other
1744 collateral for the loan is sold.
1745 (d) An approved applicant must agree to stay in production
1746 for the duration of the loan. A loan is not assumable.
1747 (5) LOAN SECURITY REQUIREMENTS.—All loans must be secured
1748 by a lien, subordinate only to any mortgage held by a financial
1749 institution as defined in s. 655.005, on property or other
1750 collateral as set forth in the loan agreement. The specific type
1751 of collateral required may vary depending upon the loan purpose,
1752 repayment ability, and the particular circumstances of the
1753 applicant. The department shall record the lien in public
1754 records in the county where the property is located and, in the
1755 case of personal property, perfect the security interest by
1756 filing appropriate Uniform Commercial Code forms with the
1757 Florida Secured Transaction Registry as required pursuant to
1758 chapter 679.
1759 (6) LOAN REPAYMENT.—
1760 (a) A loan is due and payable in accordance with the terms
1761 of the loan agreement.
1762 (b) The department shall defer payments for the first 3
1763 years of the loan. After 3 years, the department shall reduce
1764 the principal balance annually through the end of the loan term
1765 such that the original principal balance is reduced by 30
1766 percent. If the principal balance is repaid before the end of
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Amendment No. 1
1767 the 10th year, the applicant may not be required to pay more
1768 than 70 percent of the original principal balance. The approved
1769 applicant must continue to be actively engaged in production in
1770 order to receive the original principal balance reductions and
1771 must continue to meet the loan agreement terms to the
1772 satisfaction of the department.
1773 (c) An approved applicant may make payments on the loan at
1774 any time without penalty. Early repayment is encouraged as other
1775 funding sources or revenues become available to the approved
1776 applicant.
1777 (d) All repayments of principal and interest, if
1778 applicable, received by the department in a fiscal year must be
1779 returned to the loan fund and made available for loans to other
1780 applicants in the next application period.
1781 (e) The department may periodically review an approved
1782 applicant to determine whether he or she continues to be in
1783 compliance with the terms of the loan agreement. If the
1784 department finds that an applicant is no longer in production or
1785 has otherwise violated the loan agreement, the department may
1786 seek repayment of the full original principal balance
1787 outstanding, including any interest or costs, as applicable, and
1788 excluding any applied or anticipated original principal balance
1789 reductions.
1790 (f) The department may defer or waive loan payments if at
1791 any time during the repayment period of a loan, the approved
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1792 applicant experiences a significant hardship such as crop loss
1793 from a weather-related event or from impacts from a natural
1794 disaster or declared emergency.
1795 (7) ADMINISTRATION.—
1796 (a) The department shall create and maintain a separate
1797 account in the General Inspection Trust Fund as a fund for the
1798 program. All repayments must be returned to the loan fund and
1799 made available as provided in this section. Notwithstanding s.
1800 216.301, funds appropriated for the loan program are not subject
1801 to reversion. The department shall manage the fund, establishing
1802 loan practices that must include, but are not limited to,
1803 procedures for establishing loan interest rates, uses of
1804 funding, application procedures, and application review
1805 procedures. The department is authorized to contract with a
1806 third-party administrator to administer the program and manage
1807 the loan fund. A contract for a third-party administrator that
1808 includes management of the loan fund must, at a minimum, require
1809 maintenance of the loan fund to ensure that the program may
1810 operate in a revolving manner.
1811 (b) The department shall coordinate with other state
1812 agencies and other entities to ensure to the greatest extent
1813 possible that agriculture and aquaculture producers in this
1814 state have access to the maximum financial assistance available
1815 following a declared emergency natural disaster. The
1816 coordination must endeavor to ensure that there is no
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Amendment No. 1
1817 duplication of financial assistance between the loan program and
1818 other funding sources, such as any federal or other state
1819 programs, including public assistance requests to the Federal
1820 Emergency Management Agency or financial assistance from the
1821 United States Department of Agriculture, which could render the
1822 approved applicant ineligible for other financial assistance.
1823 (8) PUBLIC RECORDS EXEMPTION.—
1824 (a) The following information held by the department
1825 pursuant to its administration of the program is exempt from s.
1826 119.07(1) and s. 24(a), Art. I of the State Constitution:
1827 1. Tax returns.
1828 2. Credit history information, credit reports, and credit
1829 scores.
1830 (b) This subsection does not prohibit the disclosure of
1831 information held by the department pursuant to its
1832 administration of the program in an aggregated and anonymized
1833 format.
1834 (c) This subsection is subject to the Open Government
1835 Sunset Review Act in accordance with s. 119.15 and shall stand
1836 repealed on October 2, 2029, unless reviewed and saved from
1837 repeal through reenactment by the Legislature.
1838 (9) RULES.—The department shall adopt rules to implement
1839 this section.
1840 (10) REPORTS.—By December 1, 2024, and each December 1
1841 thereafter, the department shall provide a report on program
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Amendment No. 1
1842 activities during the previous fiscal year to the President of
1843 the Senate and the Speaker of the House of Representatives. The
1844 report must include information on noticed application periods,
1845 the number and value of loans awarded under the program for each
1846 application period, the number and value of loans outstanding,
1847 the number and value of any loan repayments received, and an
1848 anticipated repayment schedule for all loans.
1849 (11) SUNSET.—This section expires July 1, 2043, unless
1850 reviewed and saved from repeal through reenactment by the
1851 Legislature.
1852 Section 65. Section 570.823, Florida Statutes, is created
1853 to read:
1854 570.823 Silviculture emergency recovery program.—
1855 (1) DEFINITIONS.—As used in this section, the term:
1856 (a) "Bona fide farm operation" means a farm operation
1857 engaged in a good faith commercial agricultural use of land on
1858 land classified as agricultural pursuant to s. 193.461 that
1859 produces agricultural products within the definition of
1860 agriculture under s. 570.02.
1861 (b) "Declared emergency" means an emergency for which a
1862 state of emergency is declared pursuant to s. 252.36 or s.
1863 570.07(21).
1864 (c) "Department" means the Department of Agriculture and
1865 Consumer Services.
1866 (d) "Program" means the silviculture emergency recovery
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Amendment No. 1
1867 program.
1868 (2) USE OF GRANT FUNDS; GRANT TERMS.—
1869 (a) The silviculture emergency recovery program is
1870 established within the department to administer a grant program
1871 to assist timber landowners whose timber land was damaged as a
1872 result of a declared emergency. Grants provided to eligible
1873 timber landowners must be used for:
1874 1. Timber stand restoration, including downed tree removal
1875 on land which will retain the existing trees on site which are
1876 lightly or completely undamaged;
1877 2. Site preparation, and tree replanting; or
1878 3. Road and trail clearing on private timber lands to
1879 provide emergency access and facilitate salvage operations.
1880 (b) Only timber land located on lands classified as
1881 agricultural lands under s. 193.461 are eligible for the
1882 program.
1883 (c) The department shall coordinate with state agencies
1884 and other entities to ensure to the greatest extent possible
1885 that timber landowners have access to the maximum financial
1886 assistance available following a specified declared emergency.
1887 The coordination must endeavor to ensure that there is no
1888 duplication of financial assistance between these funds and
1889 other funding sources, such as any federal or other state
1890 programs, including public assistance requests to the Federal
1891 Emergency Management Agency or financial assistance from the
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Amendment No. 1
1892 United States Department of Agriculture, which would render the
1893 approved applicant ineligible for other financial assistance.
1894 (d) The department is authorized to adopt rules to
1895 implement this section, including emergency rules.
1896 Notwithstanding any other provision of law, emergency rules
1897 adopted pursuant to this subsection are effective for 6 months
1898 after adoption and may be renewed during the pendency of
1899 procedures to adopt permanent rules addressing the subject of
1900 the emergency rules.
1901 Section 66. Section 570.831, Florida Statutes, is created
1902 to read:
1903 570.831 Florida beef marketing program.—The Cattle
1904 Enhancement Board, Inc., in coordination with the department,
1905 shall, subject to appropriation, establish a Florida beef
1906 marketing program to conduct research designed to expand the
1907 uses of beef and beef products and strengthen the market
1908 position of Florida's cattle industry through marketing
1909 campaigns and promotions within this state and the nation.
1910 Section 67. Subsections (2) and (5) of section 581.1843,
1911 Florida Statutes, are amended to read:
1912 581.1843 Citrus nursery stock propagation and production
1913 and the establishment of regulated areas around citrus
1914 nurseries.—
1915 (2) Effective January 1, 2007, it is unlawful for any
1916 person to propagate for sale or movement any citrus nursery
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Amendment No. 1
1917 stock that was not propagated or grown on a site and within a
1918 protective structure approved by the department and that is not
1919 at least 1 mile away from commercial citrus groves. A citrus
1920 nursery registered with the department prior to April 1, 2006,
1921 shall not be required to comply with the 1-mile setback from
1922 commercial citrus groves while continuously operating at the
1923 same location for which it was registered. However, the nursery
1924 shall be required to propagate citrus within a protective
1925 structure approved by the department. Effective January 1, 2008,
1926 it is shall be unlawful to distribute any citrus nursery stock
1927 that was not produced in a protective structure approved by the
1928 department.
1929 (5) The department shall establish regulated areas around
1930 the perimeter of commercial citrus nurseries that were
1931 established on sites after April 1, 2006, not to exceed a radius
1932 of 1 mile. The planting of citrus in an established regulated
1933 area is prohibited. The planting of citrus within a 1-mile
1934 radius of commercial citrus nurseries that were established on
1935 sites prior to April 1, 2006, must be approved by the
1936 department. Citrus plants planted within a regulated area prior
1937 to the establishment of the regulated area may remain in the
1938 regulated area unless the department determines the citrus
1939 plants to be infected or infested with citrus canker or citrus
1940 greening. The department shall require the removal of infected
1941 or infested citrus, nonapproved planted citrus, and citrus that
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Amendment No. 1
1942 has sprouted by natural means in regulated areas. The property
1943 owner shall be responsible for the removal of citrus planted
1944 without proper approval. Notice of the removal of citrus trees,
1945 by immediate final order of the department, shall be provided to
1946 the owner of the property on which the trees are located. An
1947 immediate final order issued by the department under this
1948 section shall notify the property owner that the citrus trees,
1949 which are the subject of the immediate final order, must be
1950 removed and destroyed unless the property owner, no later than
1951 10 days after delivery of the immediate final order, requests
1952 and obtains a stay of the immediate final order from the
1953 district court of appeal with jurisdiction to review such
1954 requests. The property owner shall not be required to seek a
1955 stay from the department of the immediate final order prior to
1956 seeking a stay from the district court of appeal.
1957 Section 68. Sections 593.101, 593.102, 593.103, 593.104,
1958 593.105, 593.106, 593.107, 593.108, 593.109, 593.11, 593.111,
1959 593.112, 593.113, 593.114, 593.1141, 593.1142, 593.115, 593.116,
1960 and 593.117, Florida Statutes, are repealed.
1961 Section 69. Subsection (11) of section 595.404, Florida
1962 Statutes, is amended to read:
1963 595.404 School food and other nutrition programs; powers
1964 and duties of the department.—The department has the following
1965 powers and duties:
1966 (11) To adopt and implement an appeal process by rule, as
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1967 required by federal regulations, for applicants and participants
1968 under the programs implemented pursuant to this chapter,
1969 notwithstanding ss. 120.569, 120.57-120.595, and 120.68 ss.
1970 120.569 and 120.57-120.595.
1971 Section 70. Section 599.002, Florida Statutes, is amended
1972 to read:
1973 599.002 Florida Wine Viticulture Advisory Council.—
1974 (1) There is created within the Department of Agriculture
1975 and Consumer Services the Florida Wine Viticulture Advisory
1976 Council, to be composed consist of eight members as follows: the
1977 president of the Florida Wine and Grape Growers Association
1978 Florida Grape Growers' Association or a designee thereof; a
1979 representative from the Institute of Food and Agricultural
1980 Sciences; a representative from the viticultural science program
1981 at Florida Agricultural and Mechanical University; and five
1982 additional commercial members, to be appointed for a 2-year term
1983 each by the Commissioner of Agriculture, including a wine
1984 producer, a fresh fruit producer, a nonwine product (juice,
1985 jelly, pie fillings, etc.) producer, and a viticultural nursery
1986 operator.
1987 (2) The meetings, powers and duties, procedures, and
1988 recordkeeping of the Florida Wine Viticulture Advisory Council
1989 shall be pursuant to s. 570.232.
1990 (3) The primary responsibilities of the Florida Wine
1991 Viticulture Advisory Council are to submit to the Commissioner
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Amendment No. 1
1992 of Agriculture, annually, the industry's recommendations for
1993 wine and viticultural research, promotion, and education and, as
1994 necessary, the industry's recommendations for revisions to the
1995 State Wine Viticulture Plan.
1996 Section 71. Section 599.003, Florida Statutes, is amended
1997 to read:
1998 599.003 State Wine Viticulture Plan.—
1999 (1) The Commissioner of Agriculture, in consultation with
2000 the Florida Wine Viticulture Advisory Council, shall develop and
2001 coordinate the implementation of the State Wine Viticulture
2002 Plan, which shall identify problems and constraints of the wine
2003 and viticulture industry, propose possible solutions to those
2004 problems, and develop planning mechanisms for the orderly growth
2005 of the industry, including:
2006 (a) Criteria for wine and viticultural research, service,
2007 and management priorities.
2008 (b) Additional proposed legislation that may be required.
2009 (c) Plans and goals to improve research and service
2010 capabilities at Florida Agricultural and Mechanical University
2011 and the University of Florida in their efforts to address
2012 current and future needs of the industry.
2013 (d) The potential for viticulture products in terms of
2014 market and needs for development.
2015 (e) Evaluation of wine policy alternatives, including, but
2016 not limited to, continued improvement in wine quality, blending
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Amendment No. 1
2017 considerations, promotion and advertising, labeling and vineyard
2018 designations, and development of production and marketing
2019 strategies.
2020 (f) Evaluation of production and fresh fruit policy
2021 alternatives, including, but not limited to, setting minimum
2022 grades and standards, promotion and advertising, development of
2023 production and marketing strategies, and setting minimum
2024 standards on types and quality of nursery plants.
2025 (g) Evaluation of policy alternatives for nonwine
2026 processed products, including, but not limited to, setting
2027 minimum quality standards and development of production and
2028 marketing strategies.
2029 (h) Research and service priorities for further
2030 development of the wine and viticulture industry.
2031 (i) The identification of state agencies and public and
2032 private institutions concerned with research, education,
2033 extension, services, planning, promotion, and marketing
2034 functions related to wine and viticultural development and the
2035 delineation of contributions and responsibilities.
2036 (j) Business planning, investment potential, financial
2037 risks, and economics of production and utilization.
2038 (2) A revision and update of the State Wine Viticulture
2039 Plan must shall be submitted biennially to the President of the
2040 Senate, the Speaker of the House of Representatives, and the
2041 chairs of appropriate committees of the Senate and House of
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Amendment No. 1
2042 Representatives, and a progress report and budget request must
2043 shall be submitted annually.
2044 Section 72. Paragraph (a) of subsection (2) and subsection
2045 (3) of section 599.004, Florida Statutes, are amended, and
2046 paragraph (d) is added to subsection (2) of that section, to
2047 read:
2048 599.004 Florida Farm Winery Program; registration; logo;
2049 fees.—
2050 (2)(a) The department, in coordination with the Florida
2051 Wine Viticulture Advisory Council, shall develop and designate
2052 by rule a Florida Farm Winery logo, emblem, and directional sign
2053 to guide the public to certified Florida Farm Wineries Winery
2054 tourist attractions. The logo and emblem of certified Florida
2055 Farm Winery signs must shall be uniform.
2056 (d) Wineries that fail to recertify annually or pay the
2057 licensing fee required in paragraph (c) are subject to having
2058 the signs referenced in paragraph (b) removed and will be
2059 responsible for all costs incurred by the Department of
2060 Transportation in connection with the removal.
2061 (3) All fees collected, except as otherwise provided by
2062 this section, shall be deposited into the Florida Wine
2063 Viticulture Trust Fund and used to develop consumer information
2064 on the native characteristics and proper use of wines.
2065 Section 73. Section 599.012, Florida Statutes, is amended
2066 to read:
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Amendment No. 1
2067 599.012 Florida Wine Viticulture Trust Fund; creation.—
2068 (1) There is established the Florida Wine Viticulture
2069 Trust Fund within the Department of Agriculture and Consumer
2070 Services. The department shall use the moneys deposited in the
2071 trust fund pursuant to subsection (2) to do all the following:
2072 (a) Develop and coordinate the implementation of the State
2073 Viticulture Plan.
2074 (b) Promote viticulture products manufactured from
2075 products grown in the state.
2076 (c) Provide grants for viticultural research.
2077 (2) Fifty percent of the revenues collected from the
2078 excise taxes imposed under s. 564.06 on wine produced by
2079 manufacturers in this state from products grown in the state
2080 will be deposited in the Florida Wine Viticulture Trust Fund in
2081 accordance with that section.
2082 Section 74. Subsection (1) of section 616.12, Florida
2083 Statutes, is amended to read:
2084 616.12 Licenses upon certain shows; distribution of fees;
2085 exemptions.—
2086 (1) Each person who operates any traveling show,
2087 exhibition, amusement enterprise, carnival, vaudeville, exhibit,
2088 minstrel, rodeo, theatrical, game or test of skill, riding
2089 device, dramatic repertoire, other show or amusement, or
2090 concession, including a concession operating in a tent,
2091 enclosure, or other temporary structure, within the grounds of,
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Amendment No. 1
2092 and in connection with, any annual public fair held by a fair
2093 association shall pay the license taxes provided by law.
2094 However, if the association satisfies the requirements of this
2095 chapter, including securing the required fair permit from the
2096 department, the license taxes and local business tax authorized
2097 in chapter 205 are waived and the department shall issue a tax
2098 exemption certificate. The department shall adopt the proper
2099 forms and rules to administer this section, including the
2100 necessary tax exemption certificate, showing that the fair
2101 association has met all requirements and that the traveling
2102 show, exhibition, amusement enterprise, carnival, vaudeville,
2103 exhibit, minstrel, rodeo, theatrical, game or test of skill,
2104 riding device, dramatic repertoire, other show or amusement, or
2105 concession is exempt.
2106 Section 75. Section 687.16, Florida Statutes, is created
2107 to read:
2108 687.16 Florida Farmer Financial Protection Act.—
2109 (1) SHORT TITLE.—This section may be cited as the "Florida
2110 Farmer Financial Protection Act."
2111 (2) DEFINITIONS.—As used in this section, the term:
2112 (a) "Agriculture producer" means a person or company
2113 authorized to do business in this state and engaged in the
2114 production of goods derived from plants or animals, including,
2115 but not limited to, the growing of crops, silviculture, animal
2116 husbandry, or the production of livestock or dairy products.
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Amendment No. 1
2117 (b) "Agritourism activity" has the same meaning as
2118 provided in s. 570.86.
2119 (c) "Commissioner" means the Commissioner of Agriculture.
2120 (d) "Company" means a for-profit organization,
2121 association, corporation, partnership, joint venture, sole
2122 proprietorship, limited partnership, limited liability
2123 partnership, or limited liability company, including a wholly
2124 owned subsidiary, majority-owned subsidiary, parent company, or
2125 affiliate of those entities or business associations authorized
2126 to do business in this state.
2127 (e) "Denies or restricts" means refusing to provide
2128 services, terminating existing services, or restricting or
2129 burdening the scope or nature of services offered or provided.
2130 (f) "Discriminate in the provision of financial services"
2131 means to deny or restrict services and thereby decline to
2132 provide financial services.
2133 (g) "Environmental, social, and governance (ESG) factor"
2134 means any factor or consideration that is collateral to or not
2135 reasonably likely to affect or impact financial risk and
2136 includes the promotion, furtherance, or achievement of
2137 environmental, social, or political goals, objectives, or
2138 outcomes, which may include the agriculture producer's
2139 greenhouse gas emissions, use of fossil-fuel derived fertilizer,
2140 or use of fossil-fuel powered machinery.
2141 (h) "Farm" means the land, buildings, support facilities,
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Amendment No. 1
2142 machinery, and other appurtenances used in the production of
2143 farm or aquaculture products.
2144 (i) "Financial institution" means a company, as defined
2145 under s. 655.005(1)(h) and (i), which has total assets of more
2146 than $100 million. The term includes any affiliate as defined
2147 under s. 655.005(1)(a) or subsidiary company as defined under s.
2148 655.005(1)(x), even if that affiliate or subsidiary company is
2149 also a financial institution.
2150 (j) "Financial service" means any product or service that
2151 is of a financial nature and is offered by a financial
2152 institution.
2153 (3) FINANCIAL DISCRIMINATION; AGRICULTURAL PRODUCERS.—
2154 (a) A financial institution may not discriminate in the
2155 provision of financial services to an agriculture producer
2156 based, in whole or in part, upon an ESG factor.
2157 (b) If a financial institution has made any ESG commitment
2158 related to agriculture, there is an inference that the
2159 institution's denial or restriction of a financial service to an
2160 agriculture producer violates paragraph (a).
2161 (c) A financial institution may overcome the inference in
2162 paragraph (b) by demonstrating that its denial or restriction of
2163 a financial service was based solely on documented risk
2164 analysis, and not on any ESG factor.
2165 (4) ENFORCEMENT; COMPENSATORY DAMAGES.—The Attorney
2166 General, in consultation with the Office of Financial
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Amendment No. 1
2167 Regulation, is authorized to enforce subsection (3). Any
2168 violation of subsection (3) constitutes an unfair trade practice
2169 under part II of chapter 501 and the Attorney General is
2170 authorized to investigate and seek remedies as provided in
2171 general law. Actions for damages may be sought by an aggrieved
2172 party.
2173 Section 76. Paragraph (a) of subsection (3) of section
2174 741.0305, Florida Statutes, is amended to read:
2175 741.0305 Marriage fee reduction for completion of
2176 premarital preparation course.—
2177 (3)(a) All individuals electing to participate in a
2178 premarital preparation course shall choose from the following
2179 list of qualified instructors:
2180 1. A psychologist licensed under chapter 490.
2181 2. A clinical social worker licensed under chapter 491.
2182 3. A marriage and family therapist licensed under chapter
2183 491.
2184 4. A mental health counselor licensed under chapter 491.
2185 5. An official representative of a religious institution
2186 which is recognized under s. 496.404 s. 496.404(23), if the
2187 representative has relevant training.
2188 6. Any other provider designated by a judicial circuit,
2189 including, but not limited to, school counselors who are
2190 certified to offer such courses. Each judicial circuit may
2191 establish a roster of area course providers, including those who
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Amendment No. 1
2192 offer the course on a sliding fee scale or for free.
2193 Section 77. Paragraph (h) of subsection (2), subsection
2194 (3), paragraph (c) of subsection (6), and subsection (10) of
2195 section 790.06, Florida Statutes, are amended to read:
2196 790.06 License to carry concealed weapon or concealed
2197 firearm.—
2198 (2) The Department of Agriculture and Consumer Services
2199 shall issue a license if the applicant:
2200 (h) Demonstrates competence with a firearm by any one of
2201 the following:
2202 1. Completion of any hunter education or hunter safety
2203 course approved by the Fish and Wildlife Conservation Commission
2204 or a similar agency of another state;
2205 2. Completion of any National Rifle Association firearms
2206 safety or training course;
2207 3. Completion of any firearms safety or training course or
2208 class available to the general public offered by a law
2209 enforcement agency, junior college, college, or private or
2210 public institution or organization or firearms training school,
2211 using instructors certified by the National Rifle Association,
2212 Criminal Justice Standards and Training Commission, or the
2213 Department of Agriculture and Consumer Services;
2214 4. Completion of any law enforcement firearms safety or
2215 training course or class offered for security guards,
2216 investigators, special deputies, or any division or subdivision
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Amendment No. 1
2217 of a law enforcement agency or security enforcement;
2218 5. Presents evidence of equivalent experience with a
2219 firearm through participation in organized shooting competition
2220 or United States military service;
2221 6. Is licensed or has been licensed to carry a concealed
2222 weapon or concealed firearm in this state or a county or
2223 municipality of this state, unless such license has been revoked
2224 for cause; or
2225 7. Completion of any firearms training or safety course or
2226 class conducted by a state-certified or National Rifle
2227 Association certified firearms instructor;
2228
2229 A photocopy of a certificate of completion of any of the courses
2230 or classes; an affidavit from the instructor, school, club,
2231 organization, or group that conducted or taught such course or
2232 class attesting to the completion of the course or class by the
2233 applicant; or a copy of any document that shows completion of
2234 the course or class or evidences participation in firearms
2235 competition shall constitute evidence of qualification under
2236 this paragraph. A person who conducts a course pursuant to
2237 subparagraph 2., subparagraph 3., or subparagraph 7., or who, as
2238 an instructor, attests to the completion of such courses, must
2239 maintain records certifying that he or she observed the student
2240 safely handle and discharge the firearm in his or her physical
2241 presence and that the discharge of the firearm included live
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Amendment No. 1
2242 fire using a firearm and ammunition as defined in s. 790.001;
2243 (3)(a) The Department of Agriculture and Consumer Services
2244 shall deny a license if the applicant has been found guilty of,
2245 had adjudication of guilt withheld for, or had imposition of
2246 sentence suspended for one or more crimes of violence
2247 constituting a misdemeanor, unless 3 years have elapsed since
2248 probation or any other conditions set by the court have been
2249 fulfilled or the record has been sealed or expunged. The
2250 Department of Agriculture and Consumer Services shall revoke a
2251 license if the licensee has been found guilty of, had
2252 adjudication of guilt withheld for, or had imposition of
2253 sentence suspended for one or more crimes of violence within the
2254 preceding 3 years. The department shall, upon notification by a
2255 law enforcement agency, a court, clerk's office, or the Florida
2256 Department of Law Enforcement and subsequent written
2257 verification, temporarily suspend a license or the processing of
2258 an application for a license if the licensee or applicant is
2259 arrested or formally charged with a crime that would disqualify
2260 such person from having a license under this section, until
2261 final disposition of the case. The department shall suspend a
2262 license or the processing of an application for a license if the
2263 licensee or applicant is issued an injunction that restrains the
2264 licensee or applicant from committing acts of domestic violence
2265 or acts of repeat violence. The department shall notify the
2266 licensee or applicant suspended under this section of his or her
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Amendment No. 1
2267 right to a hearing pursuant to chapter 120. If the criminal case
2268 or injunction results in a nondisqualifying disposition and the
2269 applicant or licensee is otherwise eligible, the suspension
2270 shall end. The department must issue an order confirming the end
2271 of the suspension within 90 days after the applicant or
2272 licensee's submission to the department of a copy of the final
2273 resolution of the criminal case or injunction. The copy provided
2274 to the department must be sent by electronic mail or certified
2275 mail to a location that must be specified on the notice of
2276 suspension received by the licensee or applicant. If the
2277 criminal case results in a disqualifying disposition, the
2278 suspension remains in effect and the department must proceed
2279 with denial or revocation proceedings pursuant to chapter 120.
2280 (b) This subsection does not limit, restrict, or inhibit
2281 the constitutional right to bear arms and carry a concealed
2282 weapon in this state. The Legislature finds it a matter of
2283 public policy and public safety that it is necessary to ensure
2284 that potentially disqualifying information about an applicant or
2285 licensee is investigated and processed in a timely manner by the
2286 department pursuant to this section. The Legislature intends to
2287 clarify that suspensions pursuant to this section are temporary,
2288 and the department has the duty to make an eligibility
2289 determination and issue a license in the time frame prescribed
2290 in this subsection.
2291 (6)
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Amendment No. 1
2292 (c) The Department of Agriculture and Consumer Services
2293 shall, within 90 days after the date of receipt of the items
2294 listed in subsection (5):
2295 1. Issue the license; or
2296 2. Deny the application based solely on the ground that
2297 the applicant fails to qualify under the criteria listed in
2298 subsection (2) or subsection (3). If the Department of
2299 Agriculture and Consumer Services denies the application, it
2300 shall notify the applicant in writing, stating the ground for
2301 denial and informing the applicant of any right to a hearing
2302 pursuant to chapter 120.
2303 3. In the event the result of the criminal history
2304 screening identifies department receives criminal history
2305 information related to a crime that may disqualify the applicant
2306 but does not contain with no final disposition of the crime or
2307 lacks sufficient information to make an eligibility
2308 determination on a crime which may disqualify the applicant, the
2309 time limitation prescribed by this paragraph may be extended for
2310 up to an additional 45 days after the receipt of the information
2311 suspended until receipt of the final disposition or proof of
2312 restoration of civil and firearm rights. The department may make
2313 a request for information to the jurisdiction where the criminal
2314 history information originated but must issue a license if it
2315 does not obtain a disposition or sufficient information to make
2316 an eligibility determination within the additional 45 days if
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Amendment No. 1
2317 the applicant is otherwise eligible. The department may take any
2318 action authorized in this section if it receives disqualifying
2319 criminal history information during the additional 45-day review
2320 period or after issuance of a license.
2321 (10) A license issued under this section must shall be
2322 temporarily suspended as provided for in subparagraph (6)(c)3.,
2323 or revoked pursuant to chapter 120 if the license was issued in
2324 error or if the licensee:
2325 (a) Is found to be ineligible under the criteria set forth
2326 in subsection (2);
2327 (b) Develops or sustains a physical infirmity which
2328 prevents the safe handling of a weapon or firearm;
2329 (c) Is convicted of a felony which would make the licensee
2330 ineligible to possess a firearm pursuant to s. 790.23;
2331 (d) Is found guilty of a crime under chapter 893, or
2332 similar laws of any other state, relating to controlled
2333 substances;
2334 (e) Is committed as a substance abuser under chapter 397,
2335 or is deemed a habitual offender under s. 856.011(3), or similar
2336 laws of any other state;
2337 (f) Is convicted of a second violation of s. 316.193, or a
2338 similar law of another state, within 3 years after a first
2339 conviction of such section or similar law of another state, even
2340 though the first violation may have occurred before the date on
2341 which the application was submitted;
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Amendment No. 1
2342 (g) Is adjudicated an incapacitated person under s.
2343 744.331, or similar laws of any other state; or
2344 (h) Is committed to a mental institution under chapter
2345 394, or similar laws of any other state.
2346
2347 Notwithstanding s. 120.60(5), service of a notice of the
2348 suspension or revocation of a concealed weapon or concealed
2349 firearm license must be given by either certified mail, return
2350 receipt requested, to the licensee at his or her last known
2351 mailing address furnished to the Department of Agriculture and
2352 Consumer Services, or by personal service. If a notice given by
2353 certified mail is returned as undeliverable, a second attempt
2354 must be made to provide notice to the licensee at that address,
2355 by either first-class mail in an envelope, postage prepaid,
2356 addressed to the licensee at his or her last known mailing
2357 address furnished to the department, or, if the licensee has
2358 provided an e-mail address to the department, by e-mail. Such
2359 mailing by the department constitutes notice, and any failure by
2360 the licensee to receive such notice does not stay the effective
2361 date or term of the suspension or revocation. A request for
2362 hearing must be filed with the department within 21 days after
2363 notice is received by personal delivery, or within 26 days after
2364 the date the department deposits the notice in the United States
2365 mail (21 days plus 5 days for mailing). The department shall
2366 document its attempts to provide notice, and such documentation
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Amendment No. 1
2367 is admissible in the courts of this state and constitutes
2368 sufficient proof that notice was given.
2369 Section 78. Subsection (2) of section 812.0151, Florida
2370 Statutes, is amended to read:
2371 812.0151 Retail fuel theft.—
2372 (2)(a) A person commits a felony of the third degree,
2373 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2374 if he or she willfully, knowingly, and without authorization:
2375 1. Breaches a retail fuel dispenser or accesses any
2376 internal portion of a retail fuel dispenser; or
2377 2. Possesses any device constructed for the purpose of
2378 fraudulently altering, manipulating, or interrupting the normal
2379 functioning of a retail fuel dispenser.
2380 (b) A person commits a felony of the second degree,
2381 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
2382 if he or she willfully, knowingly, and without authorization:
2383 1. Physically tampers with, manipulates, removes,
2384 replaces, or interrupts any mechanical or electronic component
2385 located on within the internal or external portion of a retail
2386 fuel dispenser; or
2387 2. Uses any form of electronic communication to
2388 fraudulently alter, manipulate, or interrupt the normal
2389 functioning of a retail fuel dispenser.
2390 (c) A person commits a felony of the third degree,
2391 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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Amendment No. 1
2392 if he or she:
2393 1. Obtains fuel as a result of violating paragraph (a) or
2394 paragraph (b); or
2395 2. Modifies a vehicle's factory installed fuel tank or
2396 possesses any item used to hold fuel which was not fitted to a
2397 vehicle or conveyance at the time of manufacture with the intent
2398 to use such fuel tank or item to hold or transport fuel obtained
2399 as a result of violating paragraph (a) or paragraph (b); or
2400 3. Possesses or uses any form of a payment instrument that
2401 can be used, alone or in conjunction with another access device,
2402 to authorize a fuel transaction or obtain fuel, including, but
2403 not limited to, a plastic payment card with a magnetic stripe or
2404 a chip encoded with account information or both, with the intent
2405 to defraud the fuel retailer, the authorized payment instrument
2406 financial account holder, or the banking institution that issued
2407 the payment instrument financial account.
2408 Section 79. Section 812.136, Florida Statutes, is created
2409 to read:
2410 812.136 Mail theft.—
2411 (1) As used in this section, unless the context otherwise
2412 requires:
2413 (a) "Mail" means any letter, postal card, parcel,
2414 envelope, package, bag, or any other sealed article addressed to
2415 another, along with its contents.
2416 (b) "Mail depository" means a mail box, letter box, mail
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Amendment No. 1
2417 route, or mail receptacle of a postal service, an office of a
2418 postal service, or mail carrier of a postal service, or a
2419 vehicle of a postal service or any other authorized receptacle.
2420 (c) "Postal service" means the United States Postal
2421 Service or its contractors, or any commercial courier that
2422 delivers mail.
2423 (2) A person commits mail theft if he or she:
2424 (a) Knowingly removes mail from a mail depository or takes
2425 mail from a mail carrier of a postal service with an intent to
2426 temporarily or permanently:
2427 1. Deprive the intended recipient of his or her right to
2428 the mail.
2429 2. Appropriate the mail to his or her own use or the use
2430 of any person not entitled to the use of the mail.
2431 (b) Knowingly obtains custody of mail by fraud or
2432 deception with an intent to temporarily or permanently:
2433 1. Deprive the intended recipient of his or her right to
2434 the mail.
2435 2. Appropriate the mail to his or her own use or the use
2436 of any person not entitled to the use of the mail.
2437 (c) Sells, receives, possesses, transfers, buys, or
2438 conceals mail obtained in violation of paragraph (a) or
2439 paragraph (b) of this subsection, while he or she knows or
2440 should know the mail was obtained illegally.
2441 (3) A person commits theft of or unauthorized reproduction
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Amendment No. 1
2442 of a mail depository key or lock if he or she:
2443 (a) Knowingly obtains or uses, or endeavors to obtain or
2444 use, any key or lock used by a postal service for a mail
2445 depository with the intent to temporarily or permanently:
2446 1. Deprive the owner of the key or lock of his or her
2447 right to the key or lock.
2448 2. Appropriate the key or lock to his or her own use or
2449 the use of any person not entitled to the use of the key or
2450 lock.
2451 (b) Knowingly and unlawfully makes, forges, or
2452 counterfeits any key adopted by a postal service for a mail
2453 depository for the deposit or delivery of mail with an intent to
2454 defraud any person or violate any provision of this section.
2455 (c) Sells, receives, possesses, transfers, buys, or
2456 conceals a key or lock obtained in violation of paragraph (a) or
2457 paragraph (b) while he or she knows or should know the key or
2458 lock was obtained illegally.
2459 (4)(a) Except as provided in paragraph (b), a violation of
2460 this section is a misdemeanor of the first degree, punishable as
2461 provided in s. 775.082 or s. 775.083.
2462 (b) A second or subsequent violation of this section is a
2463 felony of the third degree, punishable as provided in s. 775.082
2464 or s. 775.084.
2465 Section 80. Paragraphs (j) through (q) of subsection (4)
2466 of section 934.50, Florida Statutes, are redesignated as
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Amendment No. 1
2467 paragraphs (i) through (p), respectively, present paragraph (i)
2468 of that subsection is amended, and a new paragraph (q) is added
2469 to that subsection, to read:
2470 934.50 Searches and seizure using a drone.—
2471 (4) EXCEPTIONS.—This section does not prohibit the use of
2472 a drone:
2473 (i) By a person or an entity engaged in a business or
2474 profession licensed by the state, or by an agent, employee, or
2475 contractor thereof, if the drone is used only to perform
2476 reasonable tasks within the scope of practice or activities
2477 permitted under such person's or entity's license. However, this
2478 exception does not apply to a profession in which the licensee's
2479 authorized scope of practice includes obtaining information
2480 about the identity, habits, conduct, movements, whereabouts,
2481 affiliations, associations, transactions, reputation, or
2482 character of any society, person, or group of persons.
2483 (q) By a local governmental entity, or a person under
2484 contract with or acting under the direction of such entity, for
2485 activities with the purpose of managing and eradicating plant or
2486 animal diseases or activities consistent with chapters 369, 388,
2487 and 487.
2488 Section 81. Section 1013.373, Florida Statutes, is created
2489 to read:
2490 1013.373 Educational facilities used for agricultural
2491 education.—
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Amendment No. 1
2492 (1) Notwithstanding any other provision of law, a local
2493 government may not adopt any ordinance, regulation, rule, or
2494 policy to prohibit, restrict, regulate, or otherwise limit any
2495 activities of public educational facilities and auxiliary
2496 facilities constructed by a board for agricultural education,
2497 for Future Farmers of America or 4-H activities, or the storage
2498 of any animal or equipment therein.
2499 (2) Lands used for agricultural education or for Future
2500 Farmers of America or 4-H activities are considered agricultural
2501 lands pursuant to s. 193.461 and subject to s. 823.14.
2502 Section 82. For the purpose of incorporating the amendment
2503 made by this act to section 110.205, Florida Statutes, in a
2504 reference thereto, paragraph (a) of subsection (5) of section
2505 295.07, Florida Statutes, is reenacted to read:
2506 295.07 Preference in appointment and retention.—
2507 (5) The following positions are exempt from this section:
2508 (a) Those positions that are exempt from the state Career
2509 Service System under s. 110.205(2); however, all positions under
2510 the University Support Personnel System of the State University
2511 System as well as all Career Service System positions under the
2512 Florida College System and the School for the Deaf and the
2513 Blind, or the equivalent of such positions at state
2514 universities, Florida College System institutions, or the School
2515 for the Deaf and the Blind, are not exempt.
2516 Section 83. For the purpose of incorporating the amendment
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Amendment No. 1
2517 made by this act to section 388.271, Florida Statutes, in a
2518 reference thereto, subsection (7) of section 388.261, Florida
2519 Statutes, is reenacted to read:
2520 388.261 State aid to counties and districts for arthropod
2521 control; distribution priorities and limitations.—
2522 (7) The department may use state funds appropriated for a
2523 county or district under subsection (1) or subsection (2) to
2524 provide state mosquito or other arthropod control equipment,
2525 supplies, or services when requested by a county or district
2526 eligible to receive state funds under s. 388.271.
2527 Section 84. For the purpose of incorporating the amendment
2528 made by this act to section 388.271, Florida Statutes, in a
2529 reference thereto, paragraph (a) of subsection (1) of section
2530 189.062, Florida Statutes, is reenacted to read:
2531 189.062 Special procedures for inactive districts.—
2532 (1) The department shall declare inactive any special
2533 district in this state by documenting that:
2534 (a) The special district meets one of the following
2535 criteria:
2536 1. The registered agent of the district, the chair of the
2537 governing body of the district, or the governing body of the
2538 appropriate local general-purpose government notifies the
2539 department in writing that the district has taken no action for
2540 2 or more years;
2541 2. The registered agent of the district, the chair of the
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Amendment No. 1
2542 governing body of the district, or the governing body of the
2543 appropriate local general-purpose government notifies the
2544 department in writing that the district has not had a governing
2545 body or a sufficient number of governing body members to
2546 constitute a quorum for 2 or more years;
2547 3. The registered agent of the district, the chair of the
2548 governing body of the district, or the governing body of the
2549 appropriate local general-purpose government fails to respond to
2550 an inquiry by the department within 21 days;
2551 4. The department determines, pursuant to s. 189.067, that
2552 the district has failed to file any of the reports listed in s.
2553 189.066;
2554 5. The district has not had a registered office and agent
2555 on file with the department for 1 or more years;
2556 6. The governing body of a special district provides
2557 documentation to the department that it has unanimously adopted
2558 a resolution declaring the special district inactive. The
2559 special district is responsible for payment of any expenses
2560 associated with its dissolution;
2561 7. The district is an independent special district or a
2562 community redevelopment district created under part III of
2563 chapter 163 that has reported no revenue, no expenditures, and
2564 no debt under s. 189.016(9) or s. 218.32 for at least 5
2565 consecutive fiscal years beginning no earlier than October 1,
2566 2018. This subparagraph does not apply to a community
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2567 development district established under chapter 190 or to any
2568 independent special district operating pursuant to a special act
2569 that provides that any amendment to chapter 190 to grant
2570 additional powers constitutes a power of that district; or
2571 8. For a mosquito control district created pursuant to
2572 chapter 388, the department has received notice from the
2573 Department of Agriculture and Consumer Services that the
2574 district has failed to file a tentative work plan and tentative
2575 detailed work plan budget as required by s. 388.271.
2576 Section 85. For the purpose of incorporating the amendment
2577 made by this act to section 482.161, Florida Statutes, in a
2578 reference thereto, paragraph (b) of subsection (3) of section
2579 482.072, Florida Statutes, is reenacted to read:
2580 482.072 Pest control customer contact centers.—
2581 (3)
2582 (b) Notwithstanding any other provision of this section:
2583 1. A customer contact center licensee is subject to
2584 disciplinary action under s. 482.161 for a violation of this
2585 section or a rule adopted under this section committed by a
2586 person who solicits pest control services or provides customer
2587 service in a customer contact center.
2588 2. A pest control business licensee may be subject to
2589 disciplinary action under s. 482.161 for a violation of this
2590 section or a rule adopted under this section committed by a
2591 person who solicits pest control services or provides customer
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2592 service in a customer contact center operated by a licensee if
2593 the licensee participates in the violation.
2594 Section 86. For the purpose of incorporating the amendment
2595 made by this act to section 482.161, Florida Statutes, in a
2596 reference thereto, section 482.163, Florida Statutes, is
2597 reenacted to read:
2598 482.163 Responsibility for pest control activities of
2599 employee.—Proper performance of pest control activities by a
2600 pest control business employee is the responsibility not only of
2601 the employee but also of the certified operator in charge, and
2602 the certified operator in charge may be disciplined pursuant to
2603 the provisions of s. 482.161 for the pest control activities of
2604 an employee. A licensee may not automatically be considered
2605 responsible for violations made by an employee. However, the
2606 licensee may not knowingly encourage, aid, or abet violations of
2607 this chapter.
2608 Section 87. For the purpose of incorporating the amendment
2609 made by this act to section 487.044, Florida Statutes, in a
2610 reference thereto, section 487.156, Florida Statutes, is
2611 reenacted to read:
2612 487.156 Governmental agencies.—All governmental agencies
2613 shall be subject to the provisions of this part and rules
2614 adopted under this part. Public applicators using or supervising
2615 the use of restricted-use pesticides shall be subject to
2616 examination as provided in s. 487.044.
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2617 Section 88. For the purpose of incorporating the amendment
2618 made by this act to section 496.405, Florida Statutes, in a
2619 reference thereto, subsection (2) of section 496.4055, Florida
2620 Statutes, is reenacted to read:
2621 496.4055 Charitable organization or sponsor board duties.—
2622 (2) The board of directors, or an authorized committee
2623 thereof, of a charitable organization or sponsor required to
2624 register with the department under s. 496.405 shall adopt a
2625 policy regarding conflict of interest transactions. The policy
2626 shall require annual certification of compliance with the policy
2627 by all directors, officers, and trustees of the charitable
2628 organization. A copy of the annual certification shall be
2629 submitted to the department with the annual registration
2630 statement required by s. 496.405.
2631 Section 89. For the purpose of incorporating the amendment
2632 made by this act to section 496.405, Florida Statutes, in
2633 references thereto, subsections (2) and (4) of section 496.406,
2634 Florida Statutes, are reenacted to read:
2635 496.406 Exemption from registration.—
2636 (2) Before soliciting contributions, a charitable
2637 organization or sponsor claiming to be exempt from the
2638 registration requirements of s. 496.405 under paragraph (1)(d)
2639 must submit annually to the department, on forms prescribed by
2640 the department:
2641 (a) The name, street address, and telephone number of the
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Amendment No. 1
2642 charitable organization or sponsor, the name under which it
2643 intends to solicit contributions, the purpose for which it is
2644 organized, and the purpose or purposes for which the
2645 contributions to be solicited will be used.
2646 (b) The tax exempt status of the organization.
2647 (c) The date on which the organization's fiscal year ends.
2648 (d) The names, street addresses, and telephone numbers of
2649 the individuals or officers who have final responsibility for
2650 the custody of the contributions and who will be responsible for
2651 the final distribution of the contributions.
2652 (e) A financial statement of support, revenue, and
2653 expenses and a statement of functional expenses that must
2654 include, but not be limited to, expenses in the following
2655 categories: program, management and general, and fundraising. In
2656 lieu of the financial statement, a charitable organization or
2657 sponsor may submit a copy of its Internal Revenue Service Form
2658 990 and all attached schedules or Internal Revenue Service Form
2659 990-EZ and Schedule O.
2660 (4) Exemption from the registration requirements of s.
2661 496.405 does not limit the applicability of other provisions of
2662 this section to a charitable organization or sponsor.
2663 Section 90. For the purpose of incorporating the amendment
2664 made by this act to section 500.12, Florida Statutes, in a
2665 reference thereto, paragraph (a) of subsection (1) of section
2666 500.80, Florida Statutes, is reenacted to read:
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2667 500.80 Cottage food operations.—
2668 (1)(a) A cottage food operation must comply with the
2669 applicable requirements of this chapter but is exempt from the
2670 permitting requirements of s. 500.12 if the cottage food
2671 operation complies with this section and has annual gross sales
2672 of cottage food products that do not exceed $250,000.
2673 Section 91. For the purpose of incorporating the amendment
2674 made by this act to section 500.172, Florida Statutes, in a
2675 reference thereto, subsection (6) of section 500.121, Florida
2676 Statutes, is reenacted to read:
2677 500.121 Disciplinary procedures.—
2678 (6) If the department determines that a food offered in a
2679 food establishment is labeled with nutrient claims that are in
2680 violation of this chapter, the department shall retest or
2681 reexamine the product within 90 days after notification to the
2682 manufacturer and to the firm at which the product was collected.
2683 If the product is again found in violation, the department shall
2684 test or examine the product for a third time within 60 days
2685 after the second notification. The product manufacturer shall
2686 reimburse the department for the cost of the third test or
2687 examination. If the product is found in violation for a third
2688 time, the department shall exercise its authority under s.
2689 500.172 and issue a stop-sale or stop-use order. The department
2690 may impose additional sanctions for violations of this
2691 subsection.
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2692 Section 92. For the purpose of incorporating the amendment
2693 made by this act to section 790.06, Florida Statutes, in a
2694 reference thereto, section 790.061, Florida Statutes, is
2695 reenacted to read:
2696 790.061 Judges and justices; exceptions from licensure
2697 provisions.—A county court judge, circuit court judge, district
2698 court of appeal judge, justice of the supreme court, federal
2699 district court judge, or federal court of appeals judge serving
2700 in this state is not required to comply with the provisions of
2701 s. 790.06 in order to receive a license to carry a concealed
2702 weapon or firearm, except that any such justice or judge must
2703 comply with the provisions of s. 790.06(2)(h). The Department of
2704 Agriculture and Consumer Services shall issue a license to carry
2705 a concealed weapon or firearm to any such justice or judge upon
2706 demonstration of competence of the justice or judge pursuant to
2707 s. 790.06(2)(h).
2708 Section 93. Except as otherwise expressly provided in this
2709 act, this act shall take effect July 1, 2025.
2710
2711 -----------------------------------------------------
2712 T I T L E A M E N D M E N T
2713 Remove everything before the enacting clause and insert:
2714 A bill to be entitled
2715 An act relating to the Department of Agriculture and
2716 Consumer Services; amending s. 110.205, F.S.;
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2717 providing that certain positions in the department are
2718 exempt from the Career Service System; amending s.
2719 163.3162, F.S.; providing definitions; prohibiting
2720 governmental entities from adopting or enforcing any
2721 legislation that inhibits the construction or
2722 installation of housing for legally verified
2723 agricultural workers on agricultural land operated as
2724 a bona fide farm; requiring that the construction or
2725 installation of such housing units on agricultural
2726 lands satisfies certain criteria; requiring that local
2727 ordinances comply with certain regulations;
2728 authorizing governmental entities to adopt local land
2729 use regulations that are less restrictive; requiring
2730 property owners to maintain certain records for a
2731 specified timeframe; requiring that use of a housing
2732 site be discontinued and authorizing the removal of a
2733 such site under certain circumstances; specifying
2734 applicability of permit allocation systems in certain
2735 areas of critical state concern; authorizing the
2736 continued use of housing sites constructed before the
2737 effective date of the act if certain conditions are
2738 met; requiring the department to adopt certain rules;
2739 providing for enforcement; requiring the department to
2740 submit certain information to the State Board of
2741 Immigration Enforcement on a certain schedule;
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2742 amending s. 201.25, F.S.; conforming a provision to
2743 changes made by the act; amending s. 253.0341, F.S.;
2744 authorizing the department to surplus certain lands
2745 determined to be suitable for bona fide agricultural
2746 production; requiring the department to consult with
2747 the Department of Environmental Protection before
2748 making such determination; requiring the Department of
2749 Agriculture and Consumer Services to retain a rural-
2750 lands-protection easement for all surplused lands and
2751 deposit all proceeds into a specified trust fund;
2752 requiring the department to provide a report of lands
2753 surplused to the board of trustees; providing that
2754 certain lands are ineligible to be surplused;
2755 providing for retroactive applicability; amending s.
2756 330.41, F.S.; providing definitions; prohibiting a
2757 person from knowingly or willfully performing certain
2758 actions on lands classified as agricultural or on
2759 private property, state wildlife management lands, or
2760 a sport shooting and training range; providing
2761 criminal penalties; providing applicability; creating
2762 s. 366.20, F.S.; requiring that certain lands acquired
2763 or owned by an electric utility be offered for fee
2764 simple acquisition by the department before the land
2765 may be offered for sale or transferred to a private
2766 individual or entity; providing retroactive
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2767 applicability; amending s. 366.94, F.S.; defining the
2768 term "electric vehicle charging station"; authorizing
2769 the department to adopt rules; requiring local
2770 governmental entities to issue permits for electric
2771 vehicle charging stations based on specified standards
2772 and provisions of law; requiring that an electric
2773 vehicle charger be registered with the department
2774 before being placed into service for use by the
2775 public; providing the department with certain
2776 authority relating to electric vehicle charging
2777 stations; providing a penalty; authorizing the
2778 department to issue an immediate final order to an
2779 electric vehicle charging station under certain
2780 circumstances; providing that the department may bring
2781 an action to enjoin a violation of specified
2782 provisions or rules; requiring the court to issue a
2783 temporary or permanent injunction under certain
2784 circumstances; amending s. 388.011, F.S.; revising the
2785 definition of the terms "board of commissioners" and
2786 "district"; defining the term "program"; amending s.
2787 388.021, F.S.; making a technical change; amending s.
2788 388.181, F.S.; authorizing programs to perform
2789 specified actions; amending s. 388.201, F.S.;
2790 requiring that the tentative work plan budget covering
2791 the proposed operations and requirements for arthropod
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2792 control measures show the estimated amount to be
2793 raised by county, municipality, or district taxes;
2794 requiring that county commissioners' or a similar
2795 governing body's mosquito control budget be made and
2796 adopted pursuant to specified provisions and requiring
2797 that summary figures be incorporated into the county
2798 budgets as prescribed by the department; amending s.
2799 388.241, F.S.; providing that certain rights, powers,
2800 and duties be vested in the board of county
2801 commissioners or similar governing body of a county or
2802 municipality; amending s. 388.261, F.S.; increasing
2803 the amount of state funds, supplies, services, or
2804 equipment for a certain number of years for any new
2805 program for the control of mosquitos and other
2806 arthropods which serves an area not previously served
2807 by a county, municipality, or district; amending s.
2808 388.271, F.S.; requiring each program participating in
2809 arthropod control activities to file a tentative
2810 integrated arthropod management plan with the
2811 department by a specified date; conforming provisions
2812 to changes made by the act; amending s. 388.281, F.S.;
2813 requiring that all funds, supplies, and services
2814 released to programs be used in accordance with the
2815 integrated arthropod management plan and certified
2816 budget; requiring that such integrated arthropod
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2817 management plan and certified budget be approved by
2818 both the department and the board of county
2819 commissioners and an appropriate representative;
2820 conforming provisions to changes made by the act;
2821 amending s. 388.291, F.S.; providing that a program
2822 may perform certain source reduction measures in any
2823 area providing that the department has approved the
2824 operating or construction plan as outlined in the
2825 integrated arthropod management plan; conforming
2826 provisions to changes made by the act; amending s.
2827 388.301, F.S.; revising the schedule by which state
2828 funds for the control of mosquitos and other
2829 arthropods may be paid; amending ss. 388.311 and
2830 388.321, F.S.; conforming provisions to changes made
2831 by the act; amending s. 388.322, F.S.; requiring the
2832 department to maintain a record and inventory of
2833 certain property purchased with state funds for
2834 arthropod control use; amending s. 388.323, F.S.;
2835 providing that certain equipment no longer needed by a
2836 program be first offered for sale to other programs
2837 engaged in arthropod control at a specified price;
2838 requiring that all proceeds from the sale of certain
2839 property owned by a program and purchased using state
2840 funds be deposited in the program's state fund
2841 account; amending s. 388.341, F.S.; requiring a
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2842 program receiving state aid to submit a monthly report
2843 of all expenditures from all funds for arthropod
2844 control by a specified timeframe as may be required by
2845 the department; amending ss. 388.351 and 388.361,
2846 F.S.; conforming provisions to changes made by the
2847 act; amending s. 388.3711, F.S.; revising the
2848 department's enforcement powers; amending ss. 388.381,
2849 388.391, and 388.401, F.S.; conforming provisions to
2850 changes made by the act; amending s. 388.46, F.S.;
2851 revising the composition of the Florida Coordinating
2852 Council on Mosquito Control; amending s. 403.067,
2853 F.S.; providing an exception for inspection
2854 requirements for certain agricultural producers;
2855 authorizing the department to adopt rules establishing
2856 an enrollment in best management practices by rule
2857 process; authorizing the department to identify best
2858 management practices for specified landowners;
2859 requiring the department to perform onsite inspections
2860 annually of a certain percentage of all enrollments
2861 that meet specified qualifications within a specified
2862 area; providing requirements for such inspections;
2863 requiring agricultural producers enrolled by rule in a
2864 best management practice to submit nutrient records
2865 annually to the department; requiring the department
2866 to collect and retain such records; amending s.
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2867 403.852, F.S.; defining the term "water quality
2868 additive"; amending s. 403.859, F.S.; providing that
2869 the use of certain additives in a water system which
2870 do not meet the definition of water quality additive
2871 or certain other additives is prohibited and violates
2872 specified provisions; amending s. 482.111, F.S.;
2873 revising requirements for the renewal of a pest
2874 control operator's certificate; authorizing a third-
2875 party vendor to collect and retain a convenience fee;
2876 amending s. 482.141, F.S.; requiring the department to
2877 provide in-person and remote testing for the
2878 examination through a third-party vendor for an
2879 individual seeking pest control operator
2880 certification; authorizing a third-party vendor to
2881 collect and retain a convenience fee; amending s.
2882 482.155, F.S.; requiring the department to provide in-
2883 person and remote testing for the examination through
2884 a third-party vendor for an individual seeking limited
2885 certification for a governmental pesticide applicator
2886 or a private applicator; authorizing a third-party
2887 vendor to collect and retain a convenience fee;
2888 deleting provisions requiring the department to make
2889 such examination readily accessible and available to
2890 all applicants on a specified schedule; amending s.
2891 482.156, F.S.; requiring the department to provide in-
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2892 person and remote testing for the examination through
2893 a third-party vendor for an individual seeking a
2894 limited certification for commercial landscape
2895 maintenance; authorizing a third-party vendor to
2896 collect and retain a convenience fee; removing
2897 provisions requiring the department to make such
2898 examination readily accessible and available to all
2899 applicants on a specified schedule; amending s.
2900 482.157, F.S.; revising requirements for issuance of a
2901 limited certification for commercial wildlife
2902 management personnel; authorizing a third-party vendor
2903 to collect and retain a convenience fee; deleting
2904 provisions requiring the department to make an
2905 examination readily accessible and available to all
2906 applicants on a specified schedule; amending s.
2907 482.161, F.S.; authorizing the department to take
2908 specified disciplinary action upon the issuance of a
2909 final order imposing civil penalties or a criminal
2910 conviction pursuant to the Federal Insecticide,
2911 Fungicide, and Rodenticide Act; amending s. 487.044,
2912 F.S.; requiring the department to provide in-person
2913 and remote testing through a third-party vendor for
2914 the examination of an individual seeking a limited
2915 certification for pesticide application; authorizing a
2916 third-party vendor to collect and retain a convenience
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2917 fee; amending s. 487.175, F.S.; providing that the
2918 department may suspend, revoke, or deny licensure of a
2919 pesticide applicator upon issuance of a final order to
2920 a licensee which imposes civil penalties or a criminal
2921 conviction under the Federal Insecticide, Fungicide,
2922 and Rodenticide Act; amending s. 496.404, F.S.;
2923 defining the terms "controlling interest," "foreign
2924 country of concern," and "foreign source of concern";
2925 amending s. 496.405, F.S.; revising which documents a
2926 charitable organization or sponsor must file before
2927 engaging in specified activities; requiring that any
2928 changes to such documents be reported to the
2929 department on a specified form in a specified
2930 timeframe; revising the requirements of the charitable
2931 organization's initial registration statement;
2932 authorizing the department to investigate or refer to
2933 the Florida Elections Commission certain violations of
2934 the charitable organization or sponsor; amending s.
2935 496.415, F.S.; prohibiting specified persons from
2936 soliciting or accepting anything of value from a
2937 foreign source of concern; amending s. 496.417, F.S.;
2938 authorizing the department to investigate or refer to
2939 the Florida Elections Commission certain violations of
2940 a charitable organization or sponsor; amending s.
2941 496.419, F.S.; providing penalties for a charitable
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2942 organization or sponsor whose registration is denied
2943 or revoked for submitting a false attestation;
2944 creating s. 496.431, F.S.; requiring the department to
2945 create the Honest Service Registry to provide
2946 residents with information relating to charitable
2947 organizations; requiring a charitable organization
2948 included in the Honest Services Registry to submit an
2949 attestation statement to the department; requiring the
2950 department to publish the Honest Services Registry on
2951 the department's website; requiring the department to
2952 adopt rules; amending s. 500.03, F.S.; revising the
2953 definition of the term "cottage food product";
2954 amending s. 500.12, F.S.; providing that the
2955 department requires a food permit from any person or
2956 business that operates a food establishment; revising
2957 exceptions; revising the schedule for renewing certain
2958 food permits; authorizing the department to establish
2959 a single permit renewal date for certain food
2960 establishments; amending s. 500.166, F.S.; requiring
2961 certain persons engaged in interstate commerce to
2962 retain all records that show certain information for a
2963 specified timeframe; amending s. 500.172, F.S.;
2964 authorizing the department to facilitate the
2965 destruction of certain articles that violate specified
2966 provisions; prohibiting certain persons from certain
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2967 actions without permission from, or in accord with a
2968 written agreement with, the department; creating s.
2969 500.75, F.S.; providing that it is unlawful to
2970 transport or offer to transport, import into this
2971 state, sell or offer for sale, furnish, or give away
2972 certain spores or mycelium; providing penalties;
2973 creating s. 500.93, F.S.; providing definitions;
2974 requiring the department to adopt rules to enforce the
2975 Food and Drug Administration's standard of identity
2976 for milk, meat, poultry, and eggs to prohibit the sale
2977 of plant-based products mislabeled as milk, meat,
2978 poultry, or eggs; providing contingent effective
2979 dates; requiring the department to adopt rules;
2980 providing construction; repealing s. 501.135, F.S.,
2981 relating to consumer unit pricing; amending s.
2982 501.912, F.S.; revising the definition of the term
2983 "antifreeze"; creating s. 525.19, F.S.; requiring the
2984 department to create an annual petroleum registration
2985 program for petroleum owners or operators; requiring
2986 the department to adopt rules for such registration
2987 which include specified information; requiring that
2988 the registration program be free for all registrants;
2989 authorizing the department to require registrants to
2990 provide certain information during a state of
2991 emergency; creating s. 526.147, F.S.; creating the
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Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
2992 Florida Retail Fuel Transfer Switch Modernization
2993 Grant Program within the department; requiring the
2994 grant program to provide funds up to a certain amount
2995 to be used for installation and equipment costs
2996 relating to installing or modernizing transfer switch
2997 infrastructure at retail fuel facilities; requiring
2998 the department to award funds based on specified
2999 criteria; requiring retail fuel facilities awarded
3000 grant funds to comply with specified provisions;
3001 requiring such facilities to install a transfer switch
3002 with specified capabilities; requiring retail fuel
3003 facilities to provide specified documentation before
3004 being awarded funding; prohibiting certain facilities
3005 from being awarded funding; requiring the department,
3006 in consultation with the Division of Emergency
3007 Management, to adopt rules; requiring that such rules
3008 include specified information; amending s. 531.48,
3009 F.S.; requiring that certain packages bear specified
3010 information on the outside of the package; amending s.
3011 531.49, F.S.; revising requirements for the
3012 advertising of a packaged commodity; amending s.
3013 564.06, F.S.; conforming a provision to changes made
3014 by the act; amending s. 570.07, F.S.; requiring the
3015 department to foster and encourage the employment and
3016 retention of qualified veterinary pathologists;
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3017 providing that the department may reimburse the
3018 educational expenses of certain veterinary
3019 pathologists who enter into a certain agreement with
3020 the department; requiring the department to adopt
3021 certain rules; requiring the department to extend
3022 certain opportunities to public school students
3023 enrolled in agricultural education to support Future
3024 Farmers of America programming; requiring the
3025 department to use contracts procured by agencies;
3026 defining the term "agency"; amending s. 570.544, F.S.;
3027 revising which provisions the director of the Division
3028 of Consumer Services must enforce; creating s.
3029 570.546, F.S.; authorizing the department to create a
3030 process for the bulk renewal of licenses; authorizing
3031 the department to create a process that will allow
3032 licensees to align the expiration dates of licenses
3033 within a specified program; authorizing the department
3034 to change the expiration date for current licenses for
3035 a certain purpose; requiring the department to prorate
3036 the licensing fee for certain licenses; requiring the
3037 department to adopt rules; creating s. 570.694, F.S.;
3038 creating the Florida Aquaculture Foundation as a
3039 direct support organization within the department;
3040 providing the purpose of the foundation; providing
3041 governance for the foundation; authorizing the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3042 department to appoint an advisory committee adjunct to
3043 the foundation; amending s. 570.822, F.S.; revising
3044 the definition of the terms "declared natural
3045 disaster" and "program"; providing that loan funds
3046 from the department may be used to restock
3047 aquaculture; authorizing the department to renew a
3048 loan application under certain circumstances;
3049 authorizing the department to defer or waive loan
3050 payments under certain circumstances; creating s.
3051 570.823, F.S.; providing definitions; establishing the
3052 silviculture emergency recovery program within the
3053 department to administer a grant program to assist
3054 certain timber landowners; requiring that such grants
3055 be used for certain purposes; requiring that only
3056 timber lands located on agricultural property are
3057 eligible for the program; requiring the department to
3058 coordinate with state agencies to provide financial
3059 assistance to timber landowners after a specified
3060 declared emergency; providing construction;
3061 authorizing the department to adopt rules; providing
3062 construction; amending s. 581.1843, F.S.; removing
3063 provisions that exclude certain citrus nurseries from
3064 certain requirements and that regulate areas around
3065 the perimeter of commercial citrus nurseries;
3066 repealing ss. 593.101, 593.102, 593.103, 593.104,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3067 593.105, 593.106, 593.107, 593.108, 593.109, 593.11,
3068 593.111, 593.112, 593.113, 593.114, 593.1141,
3069 593.1142, 593.115, 593.116, and 593.117, F.S.,
3070 relating to the Florida Boll Weevil Eradication Law;
3071 definitions; powers and duties of Department of
3072 Agriculture and Consumer Services; the entry of
3073 premises to carry out boll weevil eradication
3074 activities and inspections; reports by persons growing
3075 cotton; quarantine areas and the regulation of
3076 articles within a boll weevil eradication zone; the
3077 regulation of collection, transportation,
3078 distribution, and movement of cotton; cooperative
3079 programs for persons engaged in growing, processing,
3080 marketing, or handling cotton; the department's
3081 authority to designate eradication zones, prohibit
3082 planting of cotton, and require participation in
3083 eradication program; regulation of the pasturage of
3084 livestock, entry by persons, and location of honeybee
3085 colonies in eradication zones and other areas;
3086 eligibility for certification of cotton growers'
3087 organization; the certification of cotton growers'
3088 organization; a referendum; an assessment; the
3089 department's authority to enter agreements with the
3090 Farm Service Agency; liens; mandamus or injunction;
3091 penalty for violation; and the handling of moneys
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3092 received, respectively; amending s. 595.404, F.S.;
3093 revising the department's powers and duties regarding
3094 school nutrition programs; amending s. 599.002, F.S.;
3095 renaming the Viticulture Advisory Council as the
3096 Florida Wine Advisory Council; revising the membership
3097 of the Florida Wine Advisory Council; amending s.
3098 599.003, F.S.; renaming the State Viticulture Plan as
3099 the State Wine Plan; amending s. 599.004, F.S.;
3100 providing that wineries that fail to recertify
3101 annually or pay a specified licensing fee are subject
3102 to certain actions and costs; amending s. 599.012,
3103 F.S.; conforming provisions to changes made by the
3104 act; amending s. 616.12, F.S.; removing provisions
3105 requiring a person who operates a minstrel show in
3106 connection with any certain public fairs to pay
3107 specified license taxes; removing a provision that
3108 exempts such person from paying specified taxes;
3109 creating s. 687.16, F.S.; providing a short title;
3110 providing definitions; prohibiting a financial
3111 institution from discriminating in the provision of
3112 financial services to an agricultural producer based
3113 on an ESG factor; providing an inference with regard
3114 to a certain violation; providing that the financial
3115 institution may overcome the inference by making
3116 certain demonstrations regarding its denial or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3117 restriction of financial services to an agricultural
3118 producer; authorizing the Attorney General to enforce
3119 specified provisions; providing that a violation of
3120 specified provisions constitutes an unfair and
3121 deceptive trade practice; authorizing the Attorney
3122 General to investigate and seek remedies for such
3123 unfair trade practices; authorizing an aggrieved party
3124 to seek an action for damages; amending s. 741.0305,
3125 F.S.; conforming a cross-reference; amending s.
3126 790.06, F.S.; revising the circumstances under which
3127 the department may temporarily suspend a person's
3128 license to carry a concealed weapon or concealed
3129 firearm or the processing of an application for such
3130 license; requiring the department to notify certain
3131 licensees or applicants of his or her right to a
3132 hearing; requiring that the hearing regarding such
3133 suspension of license be for a limited purpose;
3134 requiring the department to issue an order lifting the
3135 suspension of an applicant's license upon a certain
3136 disposition of the criminal case; requiring that the
3137 suspension remain in effect upon a certain disposition
3138 of the criminal case; providing construction;
3139 providing legislative findings; revising the duties of
3140 the department after the date of receipt of a
3141 completed application for a license to carry a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3142 concealed weapon or concealed firearm; requiring that
3143 a license issued under this section be temporarily
3144 suspended or revoked if the license was issued in
3145 error or if the licensee commits certain actions;
3146 amending s. 812.0151, F.S.; revising the elements of
3147 third degree and second degree felony retail fuel
3148 theft; creating s. 812.136, F.S.; providing
3149 definitions; providing elements for the crime of mail
3150 theft; providing elements of theft of or unauthorized
3151 reproduction of a mail depository key or lock;
3152 providing criminal penalties; amending s. 934.50,
3153 F.S.; removing certain exceptions from the prohibited
3154 uses of drones; creating s. 1013.373, F.S.;
3155 prohibiting a local government from adopting any
3156 measure to limit the activities of public educational
3157 facilities or auxiliary facilities constructed by
3158 certain organizations; requiring that lands used for
3159 agricultural education or for the Future Farmers of
3160 America or 4-H activities be considered agricultural
3161 lands; reenacting s. 295.07(5)(a), F.S., relating to
3162 preference in appointment and retention, to
3163 incorporate the amendment made to s. 110.205, F.S., in
3164 a reference thereto; reenacting ss. 189.062(1)(a) and
3165 388.261(7), F.S., relating to special procedures for
3166 inactive districts and state aid to counties and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 651 (2025)
Amendment No. 1
3167 districts for arthropod control, respectively, to
3168 incorporate the amendment made to s. 388.271, F.S., in
3169 references thereto; reenacting ss. 482.072(3)(b) and
3170 482.163, F.S., relating to pest control customer
3171 contact centers and responsibility for pest control
3172 activities of employee, respectively, to incorporate
3173 the amendment made to s. 482.161, F.S., in references
3174 thereto; reenacting s. 487.156, F.S., relating to
3175 governmental agencies, to incorporate the amendment
3176 made to s. 487.044, F.S., in a reference thereto;
3177 reenacting ss. 496.4055(2) and 496.406(2) and (4),
3178 F.S., relating to charitable organization or sponsor
3179 board duties and exemption from registration,
3180 respectively, to incorporate the amendment made to s.
3181 496.405, F.S., in references thereto; reenacting s.
3182 500.80(1)(a), F.S., relating to cottage food
3183 operations, to incorporate the amendment made to s.
3184 500.12, F.S., in a reference thereto; reenacting s.
3185 500.121(6), F.S., relating to disciplinary procedures,
3186 to incorporate the amendment made to s. 500.172, F.S.,
3187 in a reference thereto; reenacting s. 790.061, F.S.,
3188 relating to judges and justices, to incorporate the
3189 amendment made to s. 790.06, F.S., in a reference
3190 thereto; providing effective dates.
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CS/CS/HB 683
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 683 COMPANION BILL: CS/SB 712 (Grall)
TITLE: Construction Regulations LINKED BILLS: None
SPONSOR(S): Griffitts RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities 15 Y, 0 N, As CS
16 Y, 1 N, As CS
SUMMARY
Effect of the Bill:
The bill:
Requires the Department of Environmental Protection to adopt minimum standards for the installation of
synthetic turf on single-family residential areas and prohibits local governments from adopting regulations
inconsistent with those standards.
Requires local governments to approve or deny change orders from their contractors within 30 days.
Prohibits the state and political subdivisions from penalizing large volume construction bidders or
rewarding small volume bidders.
Revises the scope of certification for certified alarm system contractors.
Requires the Florida Building Commission to adopt an amendment to the Florida Building Code recognizing
tall mass timber as an allowable material in certain circumstances.
Exempts certain structures related to space launch from the Florida Building Code.
Prohibits local building departments from requiring copies of contracts and associated documents in order
to apply for or receive a building permit.
Fiscal or Economic Impact:
The bill’s requirement that local governments process change orders within 30 days may lead to a decrease in
construction time and the prohibition on local governments from requiring copies of contracts and any associated
documents as a condition to apply for or obtain a building permit may have a positive impact by preventing certain
proprietary information from becoming public.
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ANALYSIS
EFFECT OF THE BILL:
Synthetic Turf Regulation
The bill requires the Department of Environmental Protection (DEP) to adopt minimum standards for the
installation of synthetic turf on single-family residential areas that are one (1) acre or less in size. The standards
must consider material type, permeability, stormwater management, potable water conservation, water quality,
proximity to trees and other vegetation, and other factors impacting environmental conditions of adjacent
properties. (Section 1)
Upon DEP’s adoption of a rule containing these standards, the bill prohibits local governments from adopting or
enforcing any ordinance, resolution, order, rule, or policy that prohibits, or is used to prohibit, a property owner
from installing synthetic turf on his or her land if the turf complies with the standards adopted by DEP. (Section 1)
STORAGE NAME: h0683d.COM
DATE: 4/11/2025
1
The bill also prohibits a local government from adopting or enforcing any ordinance, resolution, order, rule, or
policy that regulates synthetic turf that is inconsistent with the standards adopted by DEP. (Section 1)
The bill defines “synthetic turf” to mean “a manufactured product that resembles natural grass and is used as a
surface for landscaping and recreational areas.” (Section 1)
The bill requires the Department of Environmental Protection to adopt rules to implement the prohibitions on
local government synthetic turf regulations. (Section 1)
Prompt Payment for Local Governments
The bill provides that if a local government entity receives a price quote for a change order from its contractor,
which meets all statutory and contractual requirements, the local government must provide written notice to the
contractor approving or denying the price quote within 30 days. (Section 2)
If a local government denies the price quote, the written notice must specify the alleged deficiencies in the quote
and list the actions necessary to remedy the deficiencies. If a local government fails to provide such information in
the written denial notice then it is liable to the contractor for any additional labor, staffing, materials, supplies,
equipment, and overhead associated with the change order. (Section 2)
A contract between a local government and a contractor may not alter these provisions. (Section 2)
Public Works Projects
The bill provides that the state or any political subdivision, which contracts for public works, may not penalize a
bidder for performing a larger volume of construction work for the state or political subdivision, or reward a
bidder for performing a smaller volume of construction work for the state or political subdivision.
(Section 3)
Alarm System Contractors
The bill revises the scope of certification for certified alarm system contractors to include surveillance cameras and
the recently-adopted Article 722 of the National Electrical Code, concerning cables for power-limited circuits and
fault-managed power circuits. (Section 4)
Florida Building Code
The bill requires the Florida Building Commission to amend the Florida Building Code to recognize tall mass
timber as an allowable material for certain construction types. This amendment in consistent with the changes in
the 2024 edition of the International Building Code. The bill requires the commission to adopt these changes by the
earlier of January 1, 2026 or the next update to the Florida Building Code. (Section 5)
The bill provides an exemption from the provisions of the Florida Building Code for any system or equipment
located on the property of a spaceport which is used for space launch vehicles, payloads, or spacecraft. (Section 5)
Building Permits
The bill provides that a local enforcement agency may not require a copy of a contract between a builder and an
owner or any associated documents, including, but not limited to, letters of intent, material costs lists, labor costs,
or overhead or profit statements, as a requirement to apply for or receive a building permit. (Section 6)
The bill makes several conforming changes. (Section 7 and 8)
The bill provides an effective date of July 1, 2025. (Section 9)
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2
RULEMAKING:
This bill requires the Department of Environmental Protection to adopt rules to establish the minimum standards
for the installation of synthetic turf on single-family residential properties that are one acre or less in size.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Synthetic Turf
Synthetic turf, also known as “artificial grass” is a surface that closely replicates the look and feel of natural grass.
Synthetic turf is a type of landscaping that eliminates the potentially unpredictable growth of natural grass.1
Current law prohibits homeowners’ associations from restricting property owners or their tenants from installing,
displaying, or storing synthetic turf that is not visible from the parcel’s frontage or an adjacent parcel.2 However,
there is no law restricting local governments from regulating synthetic turf.
Home Rule Authority
The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law.3 Counties operating
under a county charter have all powers of self-government not inconsistent with general law or special law
approved by the vote of the electors.4 Municipalities have governmental, corporate, and proprietary powers that
enable them to conduct municipal government, perform municipal functions and provide municipal services, and
exercise any power for municipal purposes except when expressly prohibited by law.5
Preemption
Preemption refers to principle that a federal or state statute can supersede or supplant state or local law that
stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law.6
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred.7 To expressly preempt a subject area, the Legislature must
use clear statutory language stating its intention to do so.8 Implied preemption occurs when the Legislature has
demonstrated an intent to preempt an area, though not expressly. Florida courts find implied preemption when
“the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong
public policy reasons exist for finding such an area to be preempted by the Legislature.”9
1 Kevin Sullivan, Artificial Turf 101: A Comprehensive Guide to Synthetic Grass, Turf Network Directory & Information Hub
https://turfnetwork.org/artificial-turf-101/ (last visited March 8, 2025).
2 S. 720.3045, F.S.
3 Art. VIII, s. 1(f), Fla. Const.
4 Art. VIII, s. 1(g), Fla. Const.
5 Art. VIII, s. 2(b); see also s. 166.021(1), F.S.
6 Preemption Definition, Black’s Law Dictionary (12th ed. 2024).
7 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005).
8 Mulligan, 934 So. 2d at 1243.
9 Tallahassee Mem. Reg. Med. Ctr., Inc. v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, 831 (Fla. 1st DCA 1996).
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3
Where state preemption applies, a local government may not exercise authority in that area.10 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void.11
Prompt Payment Act for Local Governments
Chapter 218, part VII, F.S., is known as the “Local Government Prompt Payment Act” (“Act”). The purpose of the Act
is to provide for prompt payments by local governments, apply interest on late payments made by local
governments, and establish a dispute resolution process for contested payments.12
The Act defines “local government entity,” as a county or municipal government, school board, school district,
authority, special taxing district, other political subdivision, or any office, board, bureau, commission, department,
branch, division, or institution thereof.13
Current law provides that when a local government entity enters into a contract for construction services14 with a
contractor,15 the local government entity must identify the agent,16 employee, facility, or office who is to receive the
contractor’s payment request or invoices.17 Every local government entity must establish procedures so that every
payment request or invoice received by the local government entity is marked as received on the date on which it
is delivered to an agent or employee of the local government entity, or a facility or office of the local governmental
entity.18
When a contractor submits a payment request or invoice, the local government entity must make the payment
within:19
25 business days after the date on which the payment request or invoice is stamped, if an agent must
approve the invoice before it is submitted to the entity for payment; or
20 business days after the date the payment request or invoice is stamped, if an agent is not required to
approve the invoice.
Change Order
A “change order” is an amendment to a construction contract that changes the contractor’s scope of work. Most
change orders modify the work required by the contract or adjust the amount of time the contractor has to
complete the work, or both.20
10 D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of
Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
11 See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
12 S. 218.71, F.S.
13 S. 218.72(5), F.S.
14 “Construction services” is defined as all labor, services, and materials provided in connection with the construction,
alteration, repair, demolition, reconstruction, or other improvements to real property. S. 218.72(2), F.S.
15 “Contractor” means the person who contracts directly with a local government entity to provide construction services.” S.
218.72(3), F.S.
16 “Agent” means the project architect, project engineer, or other agency or person acting on behalf of the local governmental
entity. S. 218.72(1), F.S.
17 S. 218.735(1), F.S.
18 S. 218.74(1), F.S.
19 S. 218.735(1), F.S.
20 Luke J. Farley, Sr., Construction 101: The Basics of Change Orders, American Bar Association (October 8, 2018)
https://www.americanbar.org/groups/construction_industry/publications/under_construction/2018/fall/construction-101/
(last visited March 8, 2025).
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4
Public Works Projects
A “public works project” is an activity that is paid for with any local or state-appropriated funds and that consists
of the construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer,
storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution
system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any
political subdivision.21
The term does not include the provision of goods, services, or work incidental to the public works project, such as
the provision of security services, janitorial services, landscaping services, maintenance services, transportation
services, or other services that do not require a construction contracting license or involve supplying or carrying
construction materials for a public works project.22
A “political subdivision” is a separate agency or unit of local government created or established by law or
ordinance and the officers thereof.23 This includes, but is not limited to, a county a city, town, or other municipality;
or a department, commission, authority, school district, taxing district, water management district, board, public
corporation, institution of higher education, or other public agency or body thereof authorized to expend public
funds for construction, maintenance, repair, or improvement of public works.24
Except as required by federal or state law, the state or any political subdivision that contracts for a public works
project may not:25
Prevent a licensed contractor, subcontractor, or material supplier or carrier, from participating in the
bidding process based on the geographic location of the company headquarters or offices of the contractor,
subcontractor, or material supplier or carrier submitting a bid on a public works project or the residences
of employees of such contractor, subcontractor, or material supplier or carrier;
Require a contractor, subcontractor, or material supplier or carrier engaged in the project to:
o Pay employees a predetermined amount of wages or prescribe any wage rate;
o Provide employees a specified type, amount, or rate of employee benefits;
o Control, limit, or expand staffing; or
o Recruit, train, or hire employees from a designated, restricted, or single source.
Prohibit any contractor, subcontractor, or material supplier or carrier from receiving information about
public works opportunities or submitting a bid on the project if such individual is able to perform the work
described and is qualified and licensed as required by state law, unless that vendor has been placed on the
state’s convicted vendor or discriminatory vendor lists.
Alarm System Contractors
Statewide electrical, alarm system, and specialty contractors are regulated by of ch. 489, part II, F.S., and licensed
and regulated by the Electrical Contractors' Licensing Board within the Department of Business and Professional
Regulation (DBPR).26 An electrical contractor engages in business as a contractor or performs electrical or alarm
work for compensation.27
Alarm system contractors may lay out, fabricate, install, maintain, alter, repair, monitor, inspect, replace, or service
burglary, fire, robbery, or medical emergency alarm systems.28 An alarm system contractor may be certified by
DBPR.29 This certification is limited to alarm circuits originating in the alarm control panel and equipment
governed by the applicable provisions of the National Electrical Code, Current Edition, and National Fire Protection
21 S. 255.0992(1), F.S.
22 Id.
23 Id.
24 Id.
25 S. 255.0992(2), F.S.
26 S. 489.507, F.S.
27 S. 489.505(9), F.S.
28 S. 489.505(1)-(2), F.S.
29 S. 489.505(7), F.S.
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5
Association Standard 72, Current Edition. The certification includes the installation, repair, fabrication, erection,
alteration, addition, or design of electrical wiring, fixtures, appliances, thermostats, apparatus, raceways, and
conduit, or any part thereof not to exceed 98 volts (RMS), when those items are for the purpose of transmitting
data or proprietary video, providing central vacuum capability or electric locks.
Florida Building Code
The Florida Building Code provides a mechanism for adopting, updating, amending, interpreting, and enforcing a
unified state building code from jurisdiction to jurisdiction.30 The Florida Building Code contains or incorporates
by reference all laws and rules, and enforces such laws and rules, which pertain to and govern the design,
construction, erection, alteration, modification, repair, and demolition of public and private buildings, structures,
and facilities.31 The Florida Building Code is updated at least every three years, and the current edition of the
Florida Building Code is the eighth edition, which is referred to as the 2023 Florida Building Code.32
Under current law, the following buildings, structures, and facilities are exempt from various portions of the
Florida Building Code under specified conditions:
Buildings and structures specifically regulated and preempted by the Federal Government.
Railroads and ancillary facilities associated with the railroad.
Nonresidential farm buildings on farms.
Temporary buildings or sheds used exclusively for construction purposes.
Mobile or modular structures used as temporary offices.
Structures or facilities of electric utilities, directly involved in the generation, transmission, or
distribution of electricity.
Temporary sets, assemblies, or structures used in commercial motion picture or television
production, or any sound-recording equipment used in such production, on or off the premises.
Storage sheds that are not designed for human habitation and that have a floor area of 720 square
feet, and buildings that are 400 square feet or less and that are intended for use in conjunction with
one- and two-family residences.
Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of
Florida.
Family mausoleums not exceeding 250 square feet.
A building or structure having less than 1,000 square feet which is constructed and owned by a
natural person for hunting.
A drone port.33
For certain of these categories, the Florida Building Commission, in order to preserve the health, safety, and
welfare of the public, may adopt rules to provide exceptions to the broad categories of buildings exempted from
the Code.34
Building Permits
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare.35 Every local government
must enforce the Florida Building Code and issue building permits.36
A building permit is an official document or certificate issued by the local building official that authorizes
30 S. 553.72(1), F.S.
31 S. 553.73(1)(a), F.S.
32 S. 553.73(7)(a), F.S.; DBPR, Florida Building Code, https://floridabuilding.org/bc/bc_default.aspx (last visited Apr. 1, 2025).
33 S. 553.73(10), F.S.
34 Id.
35 S. 553.72, F.S.
36 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
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6
performance of a specific activity.37 It is unlawful for a person, firm, or corporation to construct, erect, alter, repair,
secure, or demolish any building without first obtaining a building permit from the local enforcement agency or
from such persons as may, by resolution or regulation, be directed to issue such permit.38
A local enforcement agency may not require a contract between an owner and a contractor as a condition to apply
for or obtain a building permit for construction work. If the permit is for work on a commercial property then a
local enforcement agency may not require a contract between the contractor and their subcontractors or material
suppliers.39
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 1 N, As CS 3/12/2025 Anstead Brackett
Subcommittee
THE CHANGES ADOPTED BY THE Clarified the language that local governments may not require
COMMITTEE: building applicants to submit ancillary documentation between an
owner and builder in order to receive a permit by replacing it with
the language that local governments may not require building
applicants to submit copies of contracts between builders and
owners or associated documents, including material cost lists, labor
costs, or overhead or profit statements, in order to receive a
building permit.
Intergovernmental Affairs 15 Y, 0 N, As CS 4/1/2025 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE Required DEP to adopt standards for synthetic turf before a
COMMITTEE: preemption of local government regulations takes effect.
Modified the scope of certification for certified alarm system
contractors.
Required the Florida Building Commission to amend the Florida
Building Code to recognize tall mass timber as an allowable material in
certain circumstances.
Exempts certain systems and equipment related to space launch
vehicles, payloads, and spacecraft from the Florida Building Code.
Commerce Committee Hamon Brackett
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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37 S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
38 Ss. 125.56(4)(a) and 553.79(1), F.S.
39 S. 553.79(1)(f), and 713.135(6), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 683 2025
1 A bill to be entitled
2 An act relating to construction regulations; creating
3 s. 125.572, F.S.; defining the term "synthetic turf";
4 requiring the Department of Environmental Protection
5 to adopt minimum standards for the installation of
6 synthetic turf on specified properties; requiring that
7 the standards take into account specified factors;
8 prohibiting local governments from adopting or
9 enforcing any ordinance, resolution, order, rule, or
10 policy that prohibits, or is enforced to prohibit,
11 property owners from installing synthetic turf meeting
12 certain standards on single-family residential
13 property of a specified size; prohibiting local
14 governments from adopting or enforcing specified
15 ordinances, resolutions, orders, rules, or policies
16 that regulate synthetic turf which are inconsistent
17 with specified standards; requiring the department to
18 adopt rules; creating s. 218.755, F.S.; requiring
19 local governmental entities to approve or deny certain
20 price quotes and provide notice to contractors within
21 a specified timeframe; requiring denials to specify
22 alleged deficiencies and actions necessary to remedy
23 such deficiencies; providing that a local governmental
24 entity that fails to provide such information with a
25 denial is liable to the contractor for specified
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26 overhead; prohibiting contracts from altering
27 specified duties of a local governmental entity;
28 amending s. 255.0992, F.S.; prohibiting the state or
29 political subdivisions that contract for public works
30 projects from penalizing or rewarding bidders for
31 performing larger or smaller volumes of construction
32 work for the state or political subdivisions; amending
33 s. 489.505, F.S.; revising the definition of the term
34 "certified alarm system contractor"; amending s.
35 553.73, F.S.; requiring the Florida Building
36 Commission, within a specified timeframe, to amend the
37 Florida Building Code to recognize tall mass timber as
38 an allowable material for specified construction
39 types; providing an exemption from the Florida
40 Building Code to systems or equipment located within a
41 spaceport territory which is used for specified
42 purposes; amending s. 553.79, F.S.; prohibiting local
43 governments from requiring copies of contracts and
44 certain associated documents for the issuance of
45 building permits or as a requirement for submitting
46 building permit applications; amending s. 497.271,
47 F.S.; conforming a cross-reference; reenacting s.
48 201.21(2), F.S., relating to an exemption from all
49 excise taxes imposed by ch. 201, F.S., for specified
50 notes and obligations when given by a customer to an
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CS/CS/HB 683 2025
51 alarm system contractor in connection with the sale of
52 an alarm system, to incorporate the amendment made to
53 s. 489.505, F.S., in a reference thereto; providing an
54 effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Section 125.572, Florida Statutes, is created
59 to read:
60 125.572 Regulation of synthetic turf.—
61 (1) As used in this section, the term "synthetic turf"
62 means a manufactured product that resembles natural grass and is
63 used as a surface for landscaping and recreational areas.
64 (2) The Department of Environmental Protection shall adopt
65 minimum standards for the installation of synthetic turf on
66 single-family residential properties 1 acre or less in size. The
67 standards must take into account material type, permeability,
68 stormwater management, potable water conservation, water
69 quality, proximity to trees and other vegetation, and other
70 factors impacting environmental conditions of adjacent
71 properties.
72 (3) Upon the Department of Environmental Protection
73 adopting rules pursuant to subsection (4), a local government
74 may not:
75 (a) Adopt or enforce any ordinance, resolution, order,
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CS/CS/HB 683 2025
76 rule, or policy that prohibits, or is enforced to prohibit, a
77 property owner from installing synthetic turf that complies with
78 Department of Environmental Protection standards adopted
79 pursuant to this section which apply to single-family
80 residential property.
81 (b) Adopt or enforce any ordinance, resolution, order,
82 rule, or policy that regulates synthetic turf which is
83 inconsistent with the Department of Environmental Protection
84 standards adopted pursuant to this section which apply to
85 single-family residential property.
86 (4) The Department of Environmental Protection shall adopt
87 rules to implement this section.
88 Section 2. Section 218.755, Florida Statutes, is created
89 to read:
90 218.755 Prompt processing of change orders.—Beginning on
91 or after July 1, 2025, if a local governmental entity receives
92 from its contractor a price quote for a change order issued by
93 the local governmental entity, and the price quote conforms to
94 all statutory requirements and contractual requirements for the
95 project, the local governmental entity must approve or deny the
96 price quote and send written notice of that decision to the
97 contractor within 30 days after receipt of such quote. Any
98 denial notice must specify the alleged deficiencies in the price
99 quote and the actions necessary to remedy those deficiencies. If
100 the local governmental entity fails to provide such information
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101 on a denial notice, it is liable to the contractor for all
102 additional labor, staffing, materials, supplies, equipment, and
103 overhead associated with the change order. A contract between a
104 local governmental entity and a contractor may not alter the
105 local governmental entity's duties under this section.
106 Section 3. Paragraph (d) is added to subsection (2) of
107 section 255.0992, Florida Statutes, to read:
108 255.0992 Public works projects; prohibited governmental
109 actions.—
110 (2) Except as required by federal or state law, the state
111 or any political subdivision that contracts for a public works
112 project may not take the following actions:
113 (d) Penalize a bidder for performing a larger volume of
114 construction work for the state or political subdivision or
115 reward a bidder for performing a smaller volume of construction
116 work for the state or political subdivision.
117 Section 4. Subsection (7) of section 489.505, Florida
118 Statutes, is amended to read:
119 489.505 Definitions.—As used in this part:
120 (7) "Certified alarm system contractor" means an alarm
121 system contractor who possesses a certificate of competency
122 issued by the department. The scope of certification is limited
123 to alarm circuits originating in the alarm control panel and
124 equipment governed by the applicable provisions of Articles 722,
125 725, 760, 770, 800, and 810 of the National Electrical Code,
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126 Current Edition, and National Fire Protection Association
127 Standard 72, Current Edition. The scope of certification for
128 alarm system contractors also includes the installation, repair,
129 fabrication, erection, alteration, addition, or design of
130 electrical wiring, fixtures, appliances, thermostats, apparatus,
131 raceways, and conduit, or any part thereof not to exceed 98
132 volts (RMS), when those items are for the purpose of
133 transmitting data or proprietary video (satellite systems that
134 are not part of a community antenna television or radio
135 distribution system) or providing central vacuum capability,
136 surveillance cameras, or electric locks; however, this provision
137 governing the scope of certification does not create any
138 mandatory licensure requirement.
139 Section 5. Subsections (2) and (10) of section 553.73,
140 Florida Statutes, are amended to read:
141 553.73 Florida Building Code.—
142 (2)(a) The Florida Building Code shall contain provisions
143 or requirements for public and private buildings, structures,
144 and facilities relative to structural, mechanical, electrical,
145 plumbing, energy, and gas systems, existing buildings,
146 historical buildings, manufactured buildings, elevators, coastal
147 construction, lodging facilities, food sales and food service
148 facilities, health care facilities, including assisted living
149 facilities, adult day care facilities, hospice residential and
150 inpatient facilities and units, and facilities for the control
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151 of radiation hazards, public or private educational facilities,
152 swimming pools, and correctional facilities and enforcement of
153 and compliance with such provisions or requirements. Further,
154 the Florida Building Code must provide for uniform
155 implementation of ss. 515.25, 515.27, and 515.29 by including
156 standards and criteria for residential swimming pool barriers,
157 pool covers, latching devices, door and window exit alarms, and
158 other equipment required therein, which are consistent with the
159 intent of s. 515.23. Technical provisions to be contained within
160 the Florida Building Code are restricted to requirements related
161 to the types of materials used and construction methods and
162 standards employed in order to meet criteria specified in the
163 Florida Building Code. Provisions relating to the personnel,
164 supervision or training of personnel, or any other professional
165 qualification requirements relating to contractors or their
166 workforce may not be included within the Florida Building Code,
167 and subsections (4) and (6)-(9), (6), (7), (8), and (9) are not
168 to be construed to allow the inclusion of such provisions within
169 the Florida Building Code by amendment. This restriction applies
170 to both initial development and amendment of the Florida
171 Building Code.
172 (b) By January 1, 2026, or the next update of the Florida
173 Building Code, whichever occurs first, the commission shall
174 amend the Florida Building Code to be consistent with the 2024
175 International Building Code that recognizes tall mass timber as
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176 an allowable material for construction types IV-A, IV-B, IV-C,
177 and IV-HT.
178 (10) The following buildings, structures, and facilities
179 are exempt from the Florida Building Code as provided by law,
180 and any further exemptions shall be as determined by the
181 Legislature and provided by law:
182 (a) Buildings and structures specifically regulated and
183 preempted by the Federal Government.
184 (b) Railroads and ancillary facilities associated with the
185 railroad.
186 (c) Nonresidential farm buildings on farms.
187 (d) Temporary buildings or sheds used exclusively for
188 construction purposes.
189 (e) Mobile or modular structures used as temporary
190 offices, except that the provisions of part II relating to
191 accessibility by persons with disabilities apply to such mobile
192 or modular structures.
193 (f) Those structures or facilities of electric utilities,
194 as defined in s. 366.02, which are directly involved in the
195 generation, transmission, or distribution of electricity.
196 (g) Temporary sets, assemblies, or structures used in
197 commercial motion picture or television production, or any
198 sound-recording equipment used in such production, on or off the
199 premises.
200 (h) Storage sheds that are not designed for human
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201 habitation and that have a floor area of 720 square feet or less
202 are not required to comply with the mandatory wind-borne-debris-
203 impact standards of the Florida Building Code. In addition, such
204 buildings that are 400 square feet or less and that are intended
205 for use in conjunction with one- and two-family residences are
206 not subject to the door height and width requirements of the
207 Florida Building Code.
208 (i) Chickees constructed by the Miccosukee Tribe of
209 Indians of Florida or the Seminole Tribe of Florida. As used in
210 this paragraph, the term "chickee" means an open-sided wooden
211 hut that has a thatched roof of palm or palmetto or other
212 traditional materials, and that does not incorporate any
213 electrical, plumbing, or other nonwood features.
214 (j) Family mausoleums not exceeding 250 square feet in
215 area which are prefabricated and assembled on site or
216 preassembled and delivered on site and have walls, roofs, and a
217 floor constructed of granite, marble, or reinforced concrete.
218 (k) A building or structure having less than 1,000 square
219 feet which is constructed and owned by a natural person for
220 hunting and which is repaired or reconstructed to the same
221 dimension and condition as existed on January 1, 2011, if the
222 building or structure:
223 1. Is not rented or leased or used as a principal
224 residence;
225 2. Is not located within the 100-year floodplain according
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226 to the Federal Emergency Management Agency's current Flood
227 Insurance Rate Map; and
228 3. Is not connected to an offsite electric power or water
229 supply.
230 (l) A drone port as defined in s. 330.41(2).
231 (m) Any system or equipment, whether affixed or movable,
232 which is located on property within a spaceport territory
233 pursuant to s. 331.304 and which is used for the production,
234 erection, alteration, modification, repair, launch, processing,
235 recovery, transport, integration, fueling, conditioning, or
236 equipping of a space launch vehicle, payload, or spacecraft.
237
238 With the exception of paragraphs (a), (b), (c), and (f), in
239 order to preserve the health, safety, and welfare of the public,
240 the Florida Building Commission may, by rule adopted pursuant to
241 chapter 120, provide for exceptions to the broad categories of
242 buildings exempted in this section, including exceptions for
243 application of specific sections of the code or standards
244 adopted therein. The Department of Agriculture and Consumer
245 Services shall have exclusive authority to adopt by rule,
246 pursuant to chapter 120, exceptions to nonresidential farm
247 buildings exempted in paragraph (c) when reasonably necessary to
248 preserve public health, safety, and welfare. The exceptions must
249 be based upon specific criteria, such as under-roof floor area,
250 aggregate electrical service capacity, HVAC system capacity, or
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251 other building requirements. Further, the commission may
252 recommend to the Legislature additional categories of buildings,
253 structures, or facilities which should be exempted from the
254 Florida Building Code, to be provided by law. The Florida
255 Building Code does not apply to temporary housing provided by
256 the Department of Corrections to any prisoner in the state
257 correctional system.
258 Section 6. Paragraph (f) of subsection (1) of section
259 553.79, Florida Statutes, is amended to read:
260 553.79 Permits; applications; issuance; inspections.—
261 (1)
262 (f) A local government may not require a contract between
263 a builder and an owner, any copies of such contract, or any
264 associated document, including, but not limited to, letters of
265 intent, material costs lists, labor costs, or overhead or profit
266 statements, for the issuance of a building permit or as a
267 requirement for the submission of a building permit application.
268 Section 7. Subsection (3) of section 497.271, Florida
269 Statutes, is amended to read:
270 497.271 Standards for construction and significant
271 alteration or renovation of mausoleums and columbaria.—
272 (3) The licensing authority shall transmit the rules as
273 adopted under subsection (2), hereinafter referred to as the
274 "mausoleum standards," to the Florida Building Commission, which
275 shall initiate rulemaking under chapter 120 to consider such
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276 mausoleum standards. If such mausoleum standards are not deemed
277 acceptable, they must shall be returned by the Florida Building
278 Commission to the licensing authority with details of changes
279 needed to make them acceptable. If such mausoleum standards are
280 acceptable, the Florida Building Commission must shall adopt a
281 rule designating the mausoleum standards as an approved revision
282 to the State Minimum Building Codes under part IV of chapter
283 553. When so designated by the Florida Building Commission, such
284 mausoleum standards shall become a required element of the State
285 Minimum Building Codes under s. 553.73(2)(a) s. 553.73(2) and
286 shall be transmitted to each local enforcement agency, as
287 defined in s. 553.71(5). Such local enforcement agency shall
288 consider and inspect for compliance with such mausoleum
289 standards as if they were part of the local building code, but
290 shall have no continuing duty to inspect after final approval of
291 the construction pursuant to the local building code. Any
292 further amendments to the mausoleum standards shall be
293 accomplished by the same procedure. Such designated mausoleum
294 standards, as from time to time amended, shall be a part of the
295 State Minimum Building Codes under s. 553.73 until the adoption
296 and effective date of a new statewide uniform minimum building
297 code, which may supersede the mausoleum standards as provided by
298 the law enacting the new statewide uniform minimum building
299 code.
300 Section 8. For the purpose of incorporating the amendment
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301 made by this act to section 489.505, Florida Statutes, in a
302 reference thereto, subsection (2) of section 201.21, Florida
303 Statutes, is reenacted to read:
304 201.21 Notes and other written obligations exempt under
305 certain conditions.—
306 (2) There shall be exempt from all excise taxes imposed by
307 this chapter all non-interest-bearing promissory notes, non-
308 interest-bearing nonnegotiable notes, or non-interest-bearing
309 written obligations to pay money, or assignments of salaries,
310 wages, or other compensation made, executed, delivered, sold,
311 transferred, or assigned in the state, and for each renewal of
312 the same, of $3,500 or less, when given by a customer to an
313 alarm system contractor, as defined in s. 489.505, in connection
314 with the sale of an alarm system as defined in s. 489.505.
315 Section 9. This act shall take effect July 1, 2025.
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COMMERCE COMMITTEE
CS/CS/HB 683 by Rep. Griffitts
Construction Regulations
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Griffitts (strike-all):
• Removes the provision requiring the Florida Building Commission to amend the Florida
Building Code to recognize tall mass timber as an allowable material for certain
construction types.
• Adds the following provisions to the bill:
o Specifies that only one interior support rail in an elevator must be continuous and
at least 42 inches long, instead of all interior support rails.
o Expands the scope of work for all swimming pool/spa contractors to include the
performance of certain electrical work on a swimming pool.
o Expands the scope of work for residential swimming pool/spa contractors by
allowing them to perform work on an existing commercial swimming pool.
o Expands the scope of work for swimming pool/spa service contractors by
allowing them to renovate or remodel a swimming pool.
o Expands the scope of certified building contractors to allow them to perform
structural work on a swimming pool.
o Provides that general contractors and certified building contractors may perform
work on a swimming pool’s wet deck area.
Defines “pool wet deck area” as the 4-foot-wide unobstructed pool deck
area around the outside of the pool.
o Reduces the time-period for a local building department to issue a permit from 20
business days to five business days for single-trade permit application for a
single-family or two-family dwelling that has been approved by a private provider.
o Specifies that a private provider may use an automated or software plans review
program to determine if single-trade plans comply with the Florida Building Code.
• Maintains the following provisions of the bill:
o Requires the Department of Environmental Protection to adopt minimum
standards for the installation of synthetic turf on single-family residential areas
and prohibits local governments from adopting regulations inconsistent with
those standards.
o Requires local governments to approve or deny change orders from their
contractors within 30 days.
o Prohibits the state and political subdivisions from penalizing large volume
construction bidders or rewarding small volume bidders.
o Revises the scope of certification for certified alarm system contractors.
o Exempts certain structures related to space launch from the Florida Building
Code.
o Prohibits local building departments from requiring copies of contracts and
associated documents in order to apply for or receive a building permit.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Griffitts offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Section 125.572, Florida Statutes, is created
7 to read:
8 125.572 Regulation of synthetic turf.—
9 (1) As used in this section, the term "synthetic turf"
10 means a manufactured product that resembles natural grass and is
11 used as a surface for landscaping and recreational areas.
12 (2) The Department of Environmental Protection shall adopt
13 minimum standards for the installation of synthetic turf on
14 single-family residential properties 1 acre or less in size. The
15 standards must take into account material type, color,
16 permeability, stormwater management, potable water conservation,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
17 water quality, proximity to trees and other vegetation, and
18 other factors impacting environmental conditions of adjacent
19 properties.
20 (3) Upon the Department of Environmental Protection
21 adopting rules pursuant to subsection (4), a local government
22 may not:
23 (a) Adopt or enforce any ordinance, resolution, order,
24 rule, or policy that prohibits, or is enforced to prohibit, a
25 property owner from installing synthetic turf that complies with
26 Department of Environmental Protection standards adopted
27 pursuant to this section which apply to single-family
28 residential property.
29 (b) Adopt or enforce any ordinance, resolution, order,
30 rule, or policy that regulates synthetic turf which is
31 inconsistent with the Department of Environmental Protection
32 standards adopted pursuant to this section which apply to
33 single-family residential property.
34 (4) The Department of Environmental Protection shall adopt
35 rules to implement this section.
36 Section 2. Section 218.755, Florida Statutes, is created
37 to read:
38 218.755 Prompt processing of change orders.—Beginning on
39 or after July 1, 2025, if a local governmental entity receives
40 from its contractor a price quote for a change order requested
41 or issued by the local governmental entity for construction
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
42 services, and the price quote conforms to all statutory
43 requirements and contractual requirements for the project, the
44 local governmental entity must approve or deny the price quote
45 and send written notice of that decision to the contractor
46 within 35 days after receipt of such quote. A denial notice must
47 specify the alleged deficiencies in the price quote and the
48 actions necessary to remedy those deficiencies. If the local
49 governmental entity fails to provide the contractor with a
50 notice in compliance with this section, the change order and
51 price quote are deemed approved, and the local governmental
52 entity must pay the contractor the amount stated in the price
53 quote upon the completion of the change order. A contract
54 between a local governmental entity and a contractor may not
55 alter the local governmental entity’s duties under this section.
56 Section 3. Paragraph (d) is added to subsection (2) of
57 section 255.0992, Florida Statutes, to read:
58 255.0992 Public works projects; prohibited governmental
59 actions.—
60 (2) Except as required by federal or state law, the state
61 or any political subdivision that contracts for a public works
62 project may not take the following actions:
63 (d) When scoring or evaluating bids for a public works
64 project, penalize a bidder for performing a larger volume of
65 construction work for the state or political subdivision or
66 reward a bidder for performing a smaller volume of construction
67 work for the state or political subdivision.
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
68 Section 4. Paragraph (b) of subsection (1) of section
69 399.035, Florida Statutes, is amended to read:
70 399.035 Elevator accessibility requirements for the
71 physically handicapped.—
72 (1) Each elevator, the installation of which is begun
73 after October 1, 1990, must be made accessible to physically
74 handicapped persons with the following requirements:
75 (b) Each elevator car interior must have a support rail on
76 at least one wall. All support rails must be smooth and have no
77 sharp edges and must not be more than 1 1/2 inches thick or 2
78 1/2 inches in diameter. At least one support rail Support rails
79 must be continuous and a minimum length of 42 inches overall.
80 The inside surface of support rails must be 1 1/2 inches clear
81 of the car wall. The distance from the top of the support rail
82 to the finished car floor must be at least 31 inches and not
83 more than 33 inches. Padded or tufted material or decorative
84 materials such as wallpaper, vinyl, cloth, or the like may not
85 be used on support rails.
86 Section 5. Paragraphs (j), (k), and (l) of subsection (3)
87 of section 489.105, Florida Statutes, are amended to read:
88 489.105 Definitions.—As used in this part:
89 (3) "Contractor" means the person who is qualified for,
90 and is only responsible for, the project contracted for and
91 means, except as exempted in this part, the person who, for
92 compensation, undertakes to, submits a bid to, or does himself
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
93 or herself or by others construct, repair, alter, remodel, add
94 to, demolish, subtract from, or improve any building or
95 structure, including related improvements to real estate, for
96 others or for resale to others; and whose job scope is
97 substantially similar to the job scope described in one of the
98 paragraphs of this subsection. For the purposes of regulation
99 under this part, the term "demolish" applies only to demolition
100 of steel tanks more than 50 feet in height; towers more than 50
101 feet in height; other structures more than 50 feet in height;
102 and all buildings or residences. Contractors are subdivided into
103 two divisions, Division I, consisting of those contractors
104 defined in paragraphs (a)-(c), and Division II, consisting of
105 those contractors defined in paragraphs (d)-(q):
106 (j) "Commercial pool/spa contractor" means a contractor
107 whose scope of work includes involves, but is not limited to,
108 all phases of the construction, repair, renovation, remodel,
109 deconstruction, and servicing of a any swimming pool, or hot
110 tub, or spa, splash pad or other interactive water feature,
111 decorative water feature, public bathing place, or swimming pool
112 or spa appurtenance, whether public, private, or otherwise,
113 regardless of use.
114 1. The scope of such work includes, but is not limited to,
115 all of the following:
116 a. The scope of work of a swimming pool/spa servicing
117 contractor.
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118 b. The connection, replacement, disconnection, or
119 reconnection of power wiring on the load side of the dedicated
120 existing electrical circuit disconnect means for swimming pool,
121 spa, hot tub, or interactive water feature equipment.
122 c. The installation of equipotential bonding; swimming
123 pool, spa, or hot tub lighting; light transformers; light
124 conduit; and any cleaning or sanitizing equipment that requires
125 at least partial disassembling.
126 d. The construction of uninhabitable equipment rooms or
127 housing for swimming pool, spa, hot tub, or interactive water
128 feature equipment for the protection of the equipment from
129 outside elements or preventing unauthorized access.
130 e. Excavation and earthmoving only as required for the
131 installation of swimming pools, spas, hot tubs, or interactive
132 water features.
133 f. The operation of construction pumps for dewatering
134 purposes for swimming pool, spa, hot tub, or interactive water
135 feature excavation sites and draining swimming pools, spas, hot
136 tubs, or interactive water features.
137 g. The installation of rebar or similar support materials
138 for swimming pool, spa, hot tub, or interactive water feature
139 structures, and the shaping and shooting of gunite dry mix and
140 wet mix, concrete, or similar product mix used in the
141 construction of swimming pools, spas, hot tubs, or interactive
142 water features.
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
143 h. The installation of fiberglass swimming pool, spa, or
144 hot tub shells and vinyl swimming pool, spa, or hot tub liners.
145 i. The application and removal of all interior swimming
146 pool, spa, hot tub, or interactive water feature finishes.
147 j. The construction, maintenance, or remodel of decorative
148 or interactive water features, displays, or areas that use
149 recirculated water, including fountains, waterfalls, and spray
150 nozzles.
151 k. The installation of all swimming pool, spa, hot tub, or
152 interactive water feature piping, including, but not limited to,
153 drain piping, perimeter piping, and circulation or filter piping
154 used in the construction of swimming pools, spas, hot tubs, or
155 decorative or interactive water feature displays or areas.
156 l. The construction and installation of retaining walls,
157 concrete flatwork, pavers and bricks, and footings for the
158 construction of a swimming pool, spa, hot tub, or interactive
159 water feature, whether newly constructed or additions to or
160 remodels of existing swimming pools, spas, hot tubs, or
161 interactive water features The installation, repair, or
162 replacement of existing equipment, any cleaning or equipment
163 sanitizing that requires at least a partial disassembling,
164 excluding filter changes, and the installation of new pool/spa
165 equipment, interior finishes, the installation of package pool
166 heaters, the installation of all perimeter piping and filter
167 piping, and the construction of equipment rooms or housing for
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
168 pool/spa equipment, and also includes the scope of work of a
169 swimming pool/spa servicing contractor.
170 2. The scope of such work does not include direct
171 connections to a sanitary sewer system or to potable water
172 lines, the installation or upgrade of dedicated electrical
173 disconnect or electrical circuits, or any work inside a main
174 electrical panel. The installation, construction, modification,
175 or replacement of equipment permanently attached to and
176 associated with the pool or spa for the purpose of water
177 treatment or cleaning of the pool or spa requires licensure;
178 however,
179 3. The use usage of swimming pool, spa, hot tub, or
180 interactive water feature such equipment for the purposes of
181 water treatment or cleaning does not require licensure unless
182 such use the usage involves installation construction,
183 modification, or replacement of such equipment. Water treatment
184 that does not require such equipment; filter media changes; or
185 the cleaning of a swimming pool, spa, hot tub, or interactive
186 water feature, or its associated equipment, which does not
187 affect the structural integrity of the swimming pool, spa, hot
188 tub, or interactive water feature, does not require a license.
189 In addition, a license is not required for the cleaning of the
190 pool or spa in a way that does not affect the structural
191 integrity of the pool or spa or its associated equipment.
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Amendment No. 1
192 (k) "Residential pool/spa contractor" means a contractor
193 whose scope of work is the same as a commercial pool/spa
194 contractor under paragraph (j), except a residential pool/spa
195 contractor may not construct any new commercial swimming pool,
196 spa, hot tub, or public bathing place means a contractor whose
197 scope of work involves, but is not limited to, the construction,
198 repair, and servicing of a residential swimming pool, or hot tub
199 or spa, regardless of use. The scope of work includes the
200 installation, repair, or replacement of existing equipment, any
201 cleaning or equipment sanitizing that requires at least a
202 partial disassembling, excluding filter changes, and the
203 installation of new pool/spa equipment, interior finishes, the
204 installation of package pool heaters, the installation of all
205 perimeter piping and filter piping, and the construction of
206 equipment rooms or housing for pool/spa equipment, and also
207 includes the scope of work of a swimming pool/spa servicing
208 contractor. The scope of such work does not include direct
209 connections to a sanitary sewer system or to potable water
210 lines. The installation, construction, modification, or
211 replacement of equipment permanently attached to and associated
212 with the pool or spa for the purpose of water treatment or
213 cleaning of the pool or spa requires licensure; however, the
214 usage of such equipment for the purposes of water treatment or
215 cleaning does not require licensure unless the usage involves
216 construction, modification, or replacement of such equipment.
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Amendment No. 1
217 Water treatment that does not require such equipment does not
218 require a license. In addition, a license is not required for
219 the cleaning of the pool or spa in a way that does not affect
220 the structural integrity of the pool or spa or its associated
221 equipment.
222 (l) "Swimming pool/spa servicing contractor" means a
223 contractor whose scope of work includes involves, but is not
224 limited to, all aspects of the repair, renovation, remodeling,
225 or and servicing of a swimming pool, or hot tub, or spa, splash
226 pad or other interactive water feature, decorative water
227 feature, public bathing place, or swimming pool or spa
228 appurtenance, whether public or private, or otherwise,
229 regardless of use.
230 1. The scope of work includes, but is not limited to, all
231 of the following:
232 a. The installation, repair, or replacement of all
233 swimming pool, spa, hot tub, or interactive water feature
234 equipment, including, but not limited to, pool pumps; filters;
235 feeders; controllers; and commercially available swimming pool,
236 spa, or hot tub heaters, whether electric, gas, or solar.
237 b. The connection, replacement, disconnection, or
238 reconnection of power wiring on the load side of the dedicated
239 existing electrical circuit disconnect means for swimming pool,
240 spa, hot tub, or interactive water feature equipment.
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Amendment No. 1
241 c. The repair or replacement of equipotential bonding;
242 swimming pool, spa, or hot tub lighting; light transformers;
243 light conduit; and any cleaning or sanitizing equipment that
244 requires at least partial disassembling.
245 d. The repair of uninhabitable equipment rooms or housing
246 for swimming pool, spa, hot tub, or interactive water feature
247 equipment.
248 e. The repair or replacement of all perimeter piping and
249 filter piping.
250 f. The substantial or complete draining of a swimming
251 pool, spa, or hot tub for repair or renovation and the operation
252 of construction pumps for dewatering purposes for drained
253 swimming pools, spas, hot tubs, or interactive water features.
254 g. The removal and reapplication of all interior swimming
255 pool, spa, hot tub, or interactive water feature finishes.
256 h. The installation, repair, or replacement of all tile
257 and coping for a swimming pool, spa, hot tub, or interactive
258 water feature the repair or replacement of existing equipment,
259 any cleaning or equipment sanitizing that requires at least a
260 partial disassembling, excluding filter changes, and the
261 installation of new pool/spa equipment, interior refinishing,
262 the reinstallation or addition of pool heaters, the repair or
263 replacement of all perimeter piping and filter piping, the
264 repair of equipment rooms or housing for pool/spa equipment, and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
265 the substantial or complete draining of a swimming pool, or hot
266 tub or spa, for the purpose of repair or renovation.
267 2. The scope of the such work does not include direct
268 connections to a sanitary sewer system or to potable water
269 lines, the installation or upgrade of dedicated electrical
270 disconnect or electrical circuits, or any work inside a main
271 electrical panel. The installation, construction, modification,
272 substantial or complete disassembly, or replacement of equipment
273 permanently attached to and associated with the pool or spa for
274 the purpose of water treatment or cleaning of the pool or spa
275 requires licensure; however,
276 3. The use usage of swimming pool, spa, hot tub, or
277 interactive water feature such equipment for the purposes of
278 water treatment or cleaning does not require licensure unless
279 such use the usage involves installation construction,
280 modification, substantial or complete disassembly, or
281 replacement of such equipment. Water treatment that does not
282 require such equipment; filter media changes; or the cleaning of
283 a swimming pool, spa, hot tub, or interactive water feature, or
284 its associated equipment which does not affect the structural
285 integrity of the swimming pool, spa, hot tub, or interactive
286 water feature does not require a license. In addition, a license
287 is not required for the cleaning of the pool or spa in a way
288 that does not affect the structural integrity of the pool or spa
289 or its associated equipment.
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
290 Section 6. Paragraph (c) of subsection (3) of section
291 489.113, Florida Statutes, is amended to read:
292 489.113 Qualifications for practice; restrictions.—
293 (3) A contractor shall subcontract all electrical,
294 mechanical, plumbing, roofing, sheet metal, swimming pool, and
295 air-conditioning work, unless such contractor holds a state
296 certificate or registration in the respective trade category,
297 however:
298 (c) A general or building contractor may shall not be
299 required to subcontract structural swimming pool or pool wet
300 deck area work. All other swimming pool work must shall be
301 subcontracted to an appropriately licensed certified or
302 registered swimming pool contractor. For the purposes of this
303 paragraph, the term "pool wet deck area" means the 4-foot-wide
304 unobstructed pool deck area around the outside of the pool water
305 perimeter, curb, ladders, handrails, diving boards, diving
306 towers, pool slides, waterfalls, water features, starting
307 blocks, planters, or lifeguard chairs.
308 Section 7. Subsection (7) of section 489.505, Florida
309 Statutes, is amended to read:
310 489.505 Definitions.—As used in this part:
311 (7) "Certified alarm system contractor" means an alarm
312 system contractor who possesses a certificate of competency
313 issued by the department. The scope of certification is limited
314 to alarm circuits originating in the alarm control panel and
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
315 equipment governed by the applicable provisions of Articles 722,
316 725, 760, 770, 800, and 810 of the National Electrical Code,
317 Current Edition, and National Fire Protection Association
318 Standard 72, Current Edition. The scope of certification for
319 alarm system contractors also includes the installation, repair,
320 fabrication, erection, alteration, addition, or design of
321 electrical wiring, fixtures, appliances, thermostats, apparatus,
322 raceways, and conduit, or any part thereof not to exceed 98
323 volts (RMS), when those items are for the purpose of
324 transmitting data or proprietary video (satellite systems that
325 are not part of a community antenna television or radio
326 distribution system) or providing central vacuum capability,
327 surveillance cameras, or electric locks; however, this provision
328 governing the scope of certification does not create any
329 mandatory licensure requirement.
330 Section 8. Subsection (10) of section 553.73, Florida
331 Statutes, is amended to read:
332 553.73 Florida Building Code.—
333 (10) The following buildings, structures, and facilities
334 are exempt from the Florida Building Code as provided by law,
335 and any further exemptions shall be as determined by the
336 Legislature and provided by law:
337 (a) Buildings and structures specifically regulated and
338 preempted by the Federal Government.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
339 (b) Railroads and ancillary facilities associated with the
340 railroad.
341 (c) Nonresidential farm buildings on farms.
342 (d) Temporary buildings or sheds used exclusively for
343 construction purposes.
344 (e) Mobile or modular structures used as temporary
345 offices, except that the provisions of part II relating to
346 accessibility by persons with disabilities apply to such mobile
347 or modular structures.
348 (f) Those structures or facilities of electric utilities,
349 as defined in s. 366.02, which are directly involved in the
350 generation, transmission, or distribution of electricity.
351 (g) Temporary sets, assemblies, or structures used in
352 commercial motion picture or television production, or any
353 sound-recording equipment used in such production, on or off the
354 premises.
355 (h) Storage sheds that are not designed for human
356 habitation and that have a floor area of 720 square feet or less
357 are not required to comply with the mandatory wind-borne-debris-
358 impact standards of the Florida Building Code. In addition, such
359 buildings that are 400 square feet or less and that are intended
360 for use in conjunction with one- and two-family residences are
361 not subject to the door height and width requirements of the
362 Florida Building Code.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
363 (i) Chickees constructed by the Miccosukee Tribe of
364 Indians of Florida or the Seminole Tribe of Florida. As used in
365 this paragraph, the term "chickee" means an open-sided wooden
366 hut that has a thatched roof of palm or palmetto or other
367 traditional materials, and that does not incorporate any
368 electrical, plumbing, or other nonwood features.
369 (j) Family mausoleums not exceeding 250 square feet in
370 area which are prefabricated and assembled on site or
371 preassembled and delivered on site and have walls, roofs, and a
372 floor constructed of granite, marble, or reinforced concrete.
373 (k) A building or structure having less than 1,000 square
374 feet which is constructed and owned by a natural person for
375 hunting and which is repaired or reconstructed to the same
376 dimension and condition as existed on January 1, 2011, if the
377 building or structure:
378 1. Is not rented or leased or used as a principal
379 residence;
380 2. Is not located within the 100-year floodplain according
381 to the Federal Emergency Management Agency's current Flood
382 Insurance Rate Map; and
383 3. Is not connected to an offsite electric power or water
384 supply.
385 (l) A drone port as defined in s. 330.41(2).
386 (m) Any system or equipment, whether affixed or movable,
387 which is located on property within a spaceport territory
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
388 pursuant to s. 331.304 and which is used for the production,
389 erection, alteration, modification, repair, launch, processing,
390 recovery, transport, integration, fueling, conditioning, or
391 equipping of a space launch vehicle, payload, or spacecraft.
392
393 With the exception of paragraphs (a), (b), (c), and (f), in
394 order to preserve the health, safety, and welfare of the public,
395 the Florida Building Commission may, by rule adopted pursuant to
396 chapter 120, provide for exceptions to the broad categories of
397 buildings exempted in this section, including exceptions for
398 application of specific sections of the code or standards
399 adopted therein. The Department of Agriculture and Consumer
400 Services shall have exclusive authority to adopt by rule,
401 pursuant to chapter 120, exceptions to nonresidential farm
402 buildings exempted in paragraph (c) when reasonably necessary to
403 preserve public health, safety, and welfare. The exceptions must
404 be based upon specific criteria, such as under-roof floor area,
405 aggregate electrical service capacity, HVAC system capacity, or
406 other building requirements. Further, the commission may
407 recommend to the Legislature additional categories of buildings,
408 structures, or facilities which should be exempted from the
409 Florida Building Code, to be provided by law. The Florida
410 Building Code does not apply to temporary housing provided by
411 the Department of Corrections to any prisoner in the state
412 correctional system.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
413 Section 9. Paragraph (f) of subsection (1) of 553.79,
414 Florida Statutes, is amended, and subsection (11) of that
415 section is reenacted, to read:
416 553.79 Permits; applications; issuance; inspections.—
417 (1)
418 (f) A local government may not require a contract between
419 a builder and an owner, any copies of such contract, or any
420 associated document, including, but not limited to, letters of
421 intent, material costs lists, labor costs, or overhead or profit
422 statements, for the issuance of a building permit or as a
423 requirement for the submission of a building permit application.
424 (11) Any state agency whose enabling legislation
425 authorizes it to enforce provisions of the Florida Building Code
426 may enter into an agreement with any other unit of government to
427 delegate its responsibility to enforce those provisions and may
428 expend public funds for permit and inspection fees, which fees
429 may be no greater than the fees charged others. Inspection
430 services that are not required to be performed by a state agency
431 under a federal delegation of responsibility or by a state
432 agency under the Florida Building Code must be performed under
433 the alternative plans review and inspection process created in
434 s. 553.791 or by a local governmental entity having authority to
435 enforce the Florida Building Code.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
436 Section 10. Paragraphs (l) and (q) of subsection (1) and
437 subsections (5) through (8) of section 553.791, Florida
438 Statutes, are amended to read:
439 553.791 Alternative plans review and inspection.—
440 (1) As used in this section, the term:
441 (l) "Permit application" means a properly completed and
442 submitted application for the requested building or construction
443 permit, including:
444 1. The plans reviewed by the private provider, or in the
445 case of a single-trade plan review where a private provider uses
446 an automated or software-based plans review system pursuant to
447 subsection (6), the information reviewed by the automated or
448 software-based plans review system to determine compliance with
449 one or more applicable codes.
450 2. The affidavit from the private provider required under
451 subsection (6).
452 3. Any applicable fees.
453 4. Any documents required by the local building official
454 to determine that the fee owner has secured all other government
455 approvals required by law.
456 (q) "Single-trade inspection" or "single-trade plans
457 review" means any inspection or plans review focused on a single
458 construction trade, such as plumbing, mechanical, or electrical.
459 The term includes, but is not limited to, inspections or plans
460 review of door or window replacements; fences and block walls
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
461 more than 6 feet high from the top of the wall to the bottom of
462 the footing; stucco or plastering; reroofing with no structural
463 alteration; solar energy and energy storage installations or
464 alterations; HVAC replacements; ductwork or fan replacements;
465 alteration or installation of wiring, lighting, and service
466 panels; water heater changeouts; sink replacements; and
467 repiping.
468 (5) After construction has commenced and if either the
469 local building official is unable to provide inspection services
470 in a timely manner or the work subject to inspection is related
471 to a single-trade inspection for a single-family or two-family
472 dwelling, the fee owner or the fee owner's contractor may elect
473 to use a private provider to provide inspection services by
474 notifying the local building official of the owner's or
475 contractor's intention to do so by 2 p.m. local time, 2 business
476 days before the next scheduled inspection using the notice
477 provided for in paragraphs (4)(a)-(c).
478 (6) A private provider performing plans review under this
479 section shall review the plans to determine compliance with the
480 applicable codes. For single-trade plans reviews, a private
481 provider may use an automated or software-based plans review
482 system designed to determine compliance with one or more
483 applicable codes, including, but not limited to, the National
484 Electrical Code and the Florida Building Code. Upon determining
485 that the plans reviewed comply with the applicable codes, the
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
486 private provider shall prepare an affidavit or affidavits
487 certifying, under oath, that the following is true and correct
488 to the best of the private provider's knowledge and belief:
489 (a) The plans were reviewed by the affiant, who is duly
490 authorized to perform plans review pursuant to this section and
491 holds the appropriate license or certificate.
492 (b) The plans comply with the applicable codes.
493
494 Such affidavit may bear a written or electronic signature and
495 may be submitted electronically to the local building official.
496 (7)(a) No more than 20 business days, or if the permit
497 application is related to a single-trade plans review for a
498 single-family or two-family dwelling, no more than 5 business
499 days, after receipt of a permit application and the affidavit
500 from the private provider required pursuant to subsection (6),
501 the local building official shall issue the requested permit or
502 provide a written notice to the permit applicant identifying the
503 specific plan features that do not comply with the applicable
504 codes, as well as the specific code chapters and sections. If
505 the local building official does not provide a written notice of
506 the plan deficiencies within the prescribed time 20-day period,
507 the permit application must shall be deemed approved as a matter
508 of law, and the permit must shall be issued by the local
509 building official on the next business day.
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Amendment No. 1
510 (b) If the local building official provides a written
511 notice of plan deficiencies to the permit applicant within the
512 prescribed time 20-day period, the time 20-day period is shall
513 be tolled pending resolution of the matter. To resolve the plan
514 deficiencies, the permit applicant may elect to dispute the
515 deficiencies pursuant to subsection (15) or to submit revisions
516 to correct the deficiencies.
517 (c) If the permit applicant submits revisions, the local
518 building official has the remainder of the tolled time 20-day
519 period plus 5 business days after from the date of resubmittal
520 to issue the requested permit or to provide a second written
521 notice to the permit applicant stating which of the previously
522 identified plan features remain in noncompliance with the
523 applicable codes, with specific reference to the relevant code
524 chapters and sections. Any subsequent review by the local
525 building official is limited to the deficiencies cited in the
526 written notice. If the local building official does not provide
527 the second written notice within the prescribed time period, the
528 permit must shall be deemed approved as a matter of law, and the
529 local building official must issue the permit on the next
530 business day.
531 (d) If the local building official provides a second
532 written notice of plan deficiencies to the permit applicant
533 within the prescribed time period, the permit applicant may
534 elect to dispute the deficiencies pursuant to subsection (15) or
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
535 to submit additional revisions to correct the deficiencies. For
536 all revisions submitted after the first revision, the local
537 building official has an additional 5 business days after from
538 the date of resubmittal to issue the requested permit or to
539 provide a written notice to the permit applicant stating which
540 of the previously identified plan features remain in
541 noncompliance with the applicable codes, with specific reference
542 to the relevant code chapters and sections.
543 (8) A private provider performing required inspections
544 under this section shall inspect each phase of construction as
545 required by the applicable codes. Such inspection, including a
546 single-trade inspection, may be performed in person in-person or
547 virtually. The private provider may have a duly authorized
548 representative perform the required inspections, provided all
549 required reports are prepared by and bear the written or
550 electronic signature of the private provider or the private
551 provider's duly authorized representative. The duly authorized
552 representative must be an employee of the private provider
553 entitled to receive reemployment assistance benefits under
554 chapter 443. The contractor's contractual or legal obligations
555 are not relieved by any action of the private provider.
556 Section 11. Subsection (3) of section 497.271, Florida
557 Statutes, is amended to read:
558 497.271 Standards for construction and significant
559 alteration or renovation of mausoleums and columbaria.—
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Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
560 (3) The licensing authority shall transmit the rules as
561 adopted under subsection (2), hereinafter referred to as the
562 "mausoleum standards," to the Florida Building Commission, which
563 shall initiate rulemaking under chapter 120 to consider such
564 mausoleum standards. If such mausoleum standards are not deemed
565 acceptable, they must shall be returned by the Florida Building
566 Commission to the licensing authority with details of changes
567 needed to make them acceptable. If such mausoleum standards are
568 acceptable, the Florida Building Commission must shall adopt a
569 rule designating the mausoleum standards as an approved revision
570 to the State Minimum Building Codes under part IV of chapter
571 553. When so designated by the Florida Building Commission, such
572 mausoleum standards shall become a required element of the State
573 Minimum Building Codes under s. 553.73(2)(a) s. 553.73(2) and
574 shall be transmitted to each local enforcement agency, as
575 defined in s. 553.71(5). Such local enforcement agency shall
576 consider and inspect for compliance with such mausoleum
577 standards as if they were part of the local building code, but
578 shall have no continuing duty to inspect after final approval of
579 the construction pursuant to the local building code. Any
580 further amendments to the mausoleum standards shall be
581 accomplished by the same procedure. Such designated mausoleum
582 standards, as from time to time amended, shall be a part of the
583 State Minimum Building Codes under s. 553.73 until the adoption
584 and effective date of a new statewide uniform minimum building
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Page 24 of 26
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
585 code, which may supersede the mausoleum standards as provided by
586 the law enacting the new statewide uniform minimum building
587 code.
588 Section 12. This act shall take effect July 1, 2025.
589
590 -----------------------------------------------------
591 T I T L E A M E N D M E N T
592 Remove lines 33-53 and insert:
593 s. 399.035, F.S.; requiring that elevator car
594 interiors have at least one support rail that meets
595 certain specifications; amending s. 489.105, F.S.;
596 revising definitions for purposes of part I of ch.
597 489, F.S.; amending s. 489.113, F.S.; prohibiting
598 general or building contractors from being required to
599 subcontract pool wet deck area work; defining the term
600 "pool wet deck area"; amending s. 489.505, F.S.;
601 revising the definition of the term "certified alarm
602 system contractor"; amending s. 553.73, F.S.;
603 providing an exemption from the Florida Building Code
604 to systems or equipment located within a spaceport
605 territory which is used for specified purposes;
606 reenacting and amending s. 553.79, F.S.; prohibiting
607 local governments from requiring copies of contracts
608 and certain associated documents for the issuance of
609 building permits or as a requirement for submitting
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Page 25 of 26
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 683 (2025)
Amendment No. 1
610 building permit applications; amending s. 553.791,
611 F.S.; revising definitions; revising the conditions
612 under which specified contractors may elect to use a
613 private provider to provide inspection services;
614 authorizing private providers to use automated or
615 software-based plans review systems designed to make
616 certain determinations; requiring local building
617 officials to issue permits within a specified
618 timeframe if such permit application is related to
619 certain single-trade plans reviews; authorizing
620 certain inspections to be performed in person or
621 virtually; amending s. 497.271, F.S.; conforming a
622 cross-reference;
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Page 26 of 26
CS/HB 701
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 701 COMPANION BILL: CS/SB 1714 (Burton)
TITLE: Local Housing Assistance Plans LINKED BILLS: None
SPONSOR(S): Stark RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
16 Y, 0 N, As CS 17 Y, 0 N
SUMMARY
Effect of the Bill:
The bill revises the State Housing Incentives Partnership Program (SHIP) to:
Authorize participating local governments to expend funds for lot rental assistance for mobile home
owners.
Require local governments to include strategies for addressing the needs of persons impacted by the
closure of a mobile home park and providing SHIP funds to mobile home owners, including lot rental
assistance, in their local housing assistance plan.
Provide that mobile homes are eligible for home ownership assistance and rehabilitation and emergency
repair funding.
Eliminate the restriction that limited the allocation of SHIP funds for mobile homes.
Fiscal or Economic Impact:
The bill may have an indeterminate insignificant negative impact on local government expenditures for costs
associated with updating their local housing assistance plans. The bill may have an indeterminate fiscal impact on
beneficiaries of the SHIP program to the extent the provisions of the bill revise which entities are eligible for
funding.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill allows a local government participating in the State Housing Initiatives Partnership Program (SHIP) to use
program funds to provide lot rental assistance to mobile home owners not to exceed six months. (Section 1).
The bill requires each local government participating in SHIP to address in its local housing assistance plan the
needs of persons who are deprived of affordable housing due to the closure of a mobile home park. The bill also
requires a local housing assistance plan to include a strategy for providing program funds to mobile home owners,
which must include lot rental assistance. (Section 2).
The bill specifies that lot rental assistance for mobile home owners is an approved home ownership activity.
(Section 2).
The bill authorizes the use of SHIP funds for rehabilitation and emergency repairs for mobile home owners.
(Section 2).
STORAGE NAME: h0701d.COM
DATE: 4/11/2025
1
The bill eliminates the restriction that limited the allocation of SHIP funds for manufactured housing to no more
than 20 percent of the allocated amount. (Section 2).
The bill makes a conforming change to a cross-reference in another statutory provision. (Section 3).
The bill has an effective date of July 1, 2025. (Section 4).
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate insignificant negative impact on local government expenditures for costs
associated with updating their local housing assistance plans.
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on beneficiaries of the SHIP program to the extent the provisions
of the bill revise which entities are eligible for funding.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
State Housing Initiatives Partnership Program (SHIP)
SHIP was created in 19921 to provide funds to local governments as an incentive to create partnerships that
produce and preserve affordable homeownership and multifamily housing. SHIP provides funds to all 67 counties
and 55 community development block grant2 entitlement cities on a population-based formula to finance and
preserve affordable housing based on locally adopted housing plans.3
SHIP is administered by the Florida Housing Finance Corporation (FHFC)4 and was designed to serve very-low,
low, and moderate-income families. “Very-low income persons” means one or more persons or a family, not
including students, whose total annual adjusted gross household income does not exceed 50 percent of the median
annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross
income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in
which the person or family resides, whichever is greater. For “low-income persons,” the statutory threshold is 80
percent, and for “moderate-income persons,” it is 120 percent.5
SHIP funds may be used to pay for emergency repairs, new construction, rehabilitation, down payment and closing
cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for
affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling.6
1 Ch. 92-317, Laws of Fla.
2 The community development block grant program is a federal program created in 1974 that provides funding for housing
and community development activities. Dept. of Housing and Urban Development, Community Development Block Grant
Program, https://www.hud.gov/program_offices/comm_planning/cdbg (last visited Mar. 21, 2025).
3 See ss. 420.907-420.9089, F.S.; Annual Report 2023, Florida Housing Finance Corporation (June 28, 2024),
https://issuu.com/fhfc/docs/2023_annual_report (last visited Mar. 21, 2025).
4 The 1997 Legislature created the Florida Housing Finance Corporation (FHFC) as a public-private entity to assist in providing
a range of affordable housing opportunities for Floridians. Ch. 97-167, Laws of Fla.
5 S. 420.9071, F.S.
6 State Housing Initiatives Partnership Program (SHIP), https://www.floridahousing.org/programs/special-programs/ship---
state-housing-initiatives-partnership-program (last visited Mar. 21, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Funds are expended per each local government’s adopted Local Housing Assistance Plan (LHAP), which details the
housing strategies it will use.7 Local governments submit their LHAPs to FHFC for review to ensure they meet the
broad statutory guidelines and the requirements of the program rules. FHFC must approve an LHAP before a local
government may receive SHIP funding.8
A local government’s use of SHIP funds is subject to certain restrictions (excluding amounts set aside for
administrative costs):
No more than 20 percent of SHIP funds may be used for manufactured housing.9
At least 75 percent of SHIP funds must be reserved for construction, rehabilitation, or emergency repair of
affordable, eligible housing.10
No more than 25 percent of SHIP funds may be reserved for allowed rental housing.11
At least 65 percent of SHIP funds must be reserved for home ownership for eligible persons.12
At least 20 percent of SHIP funds must serve persons with special needs.13
At least 30 percent of SHIP funds must be used for awards to very-low-income persons or eligible
sponsors14 serving very-low-income persons, and another 30 percent must be used for awards for low-
income persons or eligible sponsors serving low-income persons.15
Local governments may not use SHIP funds to provide ongoing rent subsidies, except for:
Security and utility deposit assistance.
Eviction prevention not to exceed six months’ rent.
A rent subsidy program for very-low income households with at least one adult who meets either the
statutory definition of a person with special needs or homeless. The period of rental assistance may not
exceed 12 months.16
In the state fiscal year 2020-2021,17 SHIP expended or encumbered more than $27 million for homeownership
activities, assisting 933 homeownership units.18
Mobile Homes
Florida law defines a mobile home as “a residential structure, transportable in one or more sections, which is 8
body feet or more in width, over 35 body feet in length with the hitch, built on an integral chassis, designed to be
used as a dwelling when connected to the required utilities, and not originally sold as a recreational vehicle, and
includes the plumbing, heating, air-conditioning, and electrical systems contained therein.”19 Mobile homes are
designed to be used as a permanent dwelling.
7 Sections 420.9075(1)(a), F.S. and 420.9075(3), F.S., outline a list of strategies LHAPs are encouraged to employ, such as
helping those affected by mobile home park closures, encouraging innovative housing design to reduce long-term housing
costs, preserving assisted housing, and reducing homelessness.
8 Counties and eligible municipalities participating in SHIP receive funding from “local housing distributions,” which are the
proceeds of the taxes deposited into the Local Government Housing Trust Fund. S. 420.9071(17), F.S.
9 S. 420.9075(5)(e), F.S.
10 S. 420.9075(5)(c), F.S.
11 S. 420.9075(5)(b), F.S.
12 “Eligible person” or “eligible household” means one or more natural persons or a family determined by the county or eligible
municipality to be of very low income, low income, or moderate income based upon the annual gross income of the household.
S. 420.9075(5)(a), F.S.
13 S. 420.9075(5)(d), F.S.
14 “Eligible sponsor” means a person or a private or public for-profit or not-for-profit entity that applies for an award under
the local housing assistance plan for the purpose of providing eligible housing for eligible persons. S. 420.9071(12), F.S.
15 S. 420.9075(5)(g)2., F.S.
16 S. 420.9072(7)(b), F.S.
17 Local governments have three years to expend funds. 2020-2021 is the most recent closed out fiscal year.
18 Annual Report 2023, supra note 3.
19 S. 723.003(8), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
A mobile home park is land in which lots or spaces are offered for rent or lease for the placement of mobile homes
in which the primary use of the park is residential.20 Mobile home parks have historically served as an affordable
housing option for low-and-moderate-income residents. However, increasing redevelopment pressures and rising
housing costs have put many mobile home owners at risk of permanent displacement.21
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/SB 1456 Mooney Rodriguez The bill became law on July 1,
2024.
2024 CS/CS/CS/HB Stark Burton The bill became law on July 1,
613 2024.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 16 Y, 0 N, As CS 3/25/2025 Curtin Garcia
Subcommittee
THE CHANGES ADOPTED BY THE Removes a provision adding persons who own a mobile home to the list
COMMITTEE: of persons with special housing needs;
Removes a provision that would have prohibited distinguishing
between types of housing when awarding State Housing Incentives
Partnership Program (SHIP) funds; and
Provides an exception to the prohibition on utilizing SHIP funds for
rent subsidies.
Intergovernmental Affairs 17 Y, 0 N 4/9/2025 Darden Burgess
Subcommittee
Commerce Committee Hamon Garcia
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
20 S. 723.003(12), F.S.
21 Since 2011, at least 183 Florida mobile home parks have closed, according to self-reported and likely incomplete data from
the Florida Mobile Home Relocation Corporation and the Department of Business and Professional Regulation. Clara-Sophia
Daly, New development will rise to dizzying heights – and wipe out their trailer park, Miami Herald (Oct. 8, 2023)
https://www.miamiherald.com/news/business/real-estate-news/article278731494.html (last visited Mar. 21, 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 701 2025
1 A bill to be entitled
2 An act relating to local housing assistance plans;
3 amending s. 420.9072, F.S.; authorizing a county or an
4 eligible municipality to expend certain funds on lot
5 rental assistance for mobile home owners for a
6 specified time period; amending s. 420.9075, F.S.;
7 requiring counties and eligible municipalities to
8 develop certain strategies in their local housing
9 assistance plans; providing that lot rental assistance
10 is an approved home ownership activity for certain
11 purposes; authorizing certain funds to be provided to
12 mobile home owners for rehabilitation and emergency
13 repairs; removing a prohibition that only a certain
14 percentage of funds may be used for manufactured
15 housing; amending s. 420.9071, F.S.; conforming a
16 cross-reference; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (b) of subsection (7) of section
21 420.9072, Florida Statutes, is amended to read:
22 420.9072 State Housing Initiatives Partnership Program.—
23 The State Housing Initiatives Partnership Program is created for
24 the purpose of providing funds to counties and eligible
25 municipalities as an incentive for the creation of local housing
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hb701-01-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 701 2025
26 partnerships, to expand production of and preserve affordable
27 housing, to further the housing element of the local government
28 comprehensive plan specific to affordable housing, and to
29 increase housing-related employment.
30 (7)
31 (b) A county or an eligible municipality may not expend
32 its portion of the local housing distribution to provide ongoing
33 rent subsidies, except for:
34 1. Security and utility deposit assistance.
35 2. Eviction prevention not to exceed 6 months' rent.
36 3. Lot rental assistance for mobile home owners as defined
37 in s. 723.003, not to exceed 6 months' rent.
38 4.3. A rent subsidy program for very-low-income households
39 with at least one adult who is a person with special needs as
40 defined in s. 420.0004 or homeless as defined in s. 420.621. The
41 period of rental assistance may not exceed 12 months for any
42 eligible household.
43 Section 2. Paragraphs (d) through (g) of subsection (3) of
44 section 420.9075, Florida Statutes, are redesignated as
45 paragraphs (e) through (h), respectively, paragraphs (f) through
46 (n) of subsection (5) are redesignated as paragraphs (e) through
47 (m), respectively, paragraph (c) of subsection (3) and
48 paragraphs (a), (c), and (e) and present paragraph (n) of
49 subsection (5) are amended, and new paragraphs (d) and (i) are
50 added to subsection (3) of that section, to read:
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 701 2025
51 420.9075 Local housing assistance plans; partnerships.—
52 (3)
53 (c) Each county and each eligible municipality is
54 encouraged to develop a strategy within its local housing
55 assistance plan that addresses the needs of persons who are
56 deprived of affordable housing due to the closure of a mobile
57 home park or the conversion of affordable rental units to
58 condominiums.
59 (d) Each county and each eligible municipality shall
60 include in its local housing assistance plan a strategy that
61 addresses the needs of persons who are deprived of affordable
62 housing due to the closure of a mobile home park.
63 (i) Each county and each eligible municipality shall
64 include in its local housing assistance plan a strategy for
65 providing program funds to mobile home owners, as defined in s.
66 723.003, which must include lot rental assistance.
67 (5) The following criteria apply to awards made to
68 eligible sponsors or eligible persons for the purpose of
69 providing eligible housing:
70 (a) At least 65 percent of the funds made available in
71 each county and eligible municipality from the local housing
72 distribution must be reserved for home ownership for eligible
73 persons. For purposes of this paragraph, lot rental assistance
74 for eligible mobile home owners as defined in s. 723.003 is an
75 approved home ownership activity.
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CS/HB 701 2025
76 (c) At least 75 percent of the funds made available in
77 each county and eligible municipality from the local housing
78 distribution must be reserved for construction, rehabilitation,
79 or emergency repair of affordable, eligible housing. Funds may
80 be provided to mobile home owners as defined in s. 723.003 for
81 rehabilitation and emergency repairs under this paragraph.
82 (e) Not more than 20 percent of the funds made available
83 in each county and eligible municipality from the local housing
84 distribution may be used for manufactured housing.
85 (m)(n) Funds from the local housing distribution not used
86 to meet the criteria established in paragraph (a) or paragraph
87 (c) or not used for the administration of a local housing
88 assistance plan must be used for housing production and finance
89 activities, including, but not limited to, financing
90 preconstruction activities or the purchase of existing units,
91 providing rental housing, and providing home ownership training
92 to prospective home buyers and owners of homes assisted through
93 the local housing assistance plan.
94 1. Notwithstanding the provisions of paragraphs (a) and
95 (c), program income as defined in s. 420.9071(26) may also be
96 used to fund activities described in this paragraph.
97 2. When preconstruction due-diligence activities conducted
98 as part of a preservation strategy show that preservation of the
99 units is not feasible and will not result in the production of
100 an eligible unit, such costs shall be deemed a program expense
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CS/HB 701 2025
101 rather than an administrative expense if such program expenses
102 do not exceed 3 percent of the annual local housing
103 distribution.
104 3. If both an award under the local housing assistance
105 plan and federal low-income housing tax credits are used to
106 assist a project and there is a conflict between the criteria
107 prescribed in this subsection and the requirements of s. 42 of
108 the Internal Revenue Code of 1986, as amended, the county or
109 eligible municipality may resolve the conflict by giving
110 precedence to the requirements of s. 42 of the Internal Revenue
111 Code of 1986, as amended, in lieu of following the criteria
112 prescribed in this subsection with the exception of paragraphs
113 (a) and (f) (g) of this subsection.
114 4. Each county and each eligible municipality may award
115 funds as a grant for construction, rehabilitation, or repair as
116 part of disaster recovery or emergency repairs or to remedy
117 accessibility or health and safety deficiencies. Any other
118 grants must be approved as part of the local housing assistance
119 plan.
120 Section 3. Subsection (27) of section 420.9071, Florida
121 Statutes, is amended to read:
122 420.9071 Definitions.—As used in ss. 420.907-420.9079, the
123 term:
124 (27) "Recaptured funds" means funds that are recouped by a
125 county or eligible municipality in accordance with the recapture
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CS/HB 701 2025
126 provisions of its local housing assistance plan pursuant to s.
127 420.9075(5)(i) s. 420.9075(5)(j) from eligible persons or
128 eligible sponsors, which funds were not used for assistance to
129 an eligible household for an eligible activity, when there is a
130 default on the terms of a grant award or loan award.
131 Section 4. This act shall take effect July 1, 2025.
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CS/HB 709
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 709 COMPANION BILL: CS/SB 622 (Rodriguez)
TITLE: Jai Alai Permitholders LINKED BILLS: None
SPONSOR(S): Esposito RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
12 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill allows holders of a valid pari-mutuel permit to lease their facilities to any jai alai permitholder when
located within a 35-mile radius, removes the authority for such permitholders to be entitled to certain permits,
prohibits the lessee from operating a cardroom or slot machine license at the leased facility, and requires such
permitholders to conduct at least 59 live performances.
Fiscal or Economic Impact:
The bill may have a positive economic impact on the private sector by opening up more opportunities for
permitholders to lease their facilities.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the restriction that holders of valid pari-mutuel permits are only entitled to lease their facilities to
holders of the same class permit, to also:
Allow holders of a valid pari-mutuel permit to lease their facilities, located at the address listed on the
permit on January 1, 2021, to any jai alai permitholder when located within a 35-mile radius.
Remove the authority for such permitholders to be entitled to obtain an additional permit.
Prohibit the lessee from operating a cardroom or slot machine license at the leased facility.
Require such jai alai permitholders to conduct at least 59 live performances. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill may have a positive economic impact on businesses by opening up more opportunities for
lessors and lessees of pari-mutuel wagering facilities. Professional jai alai players and others involved in the sport
of jai alai may also benefit from an increase in games. The amount of additional revenues that may be generated is
unknown.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Pari-mutuel Wagering
STORAGE NAME: h0709a.COM
DATE: 4/11/2025
1
Since approximately 1931, pari-mutuel wagering activities (PMW) have been authorized in Florida for jai alai,
greyhound racing, and horseracing. These activities are overseen and regulated1 by the Division of Pari-Mutuel
Wagering (Division) at the Florida Gaming Control Commission (Commission), which is housed within the
Department of Legal Affairs, Office of the Attorney General.2 The Commission issues permits and operating
licenses for PMW activities. Only PMW permitholders under certain conditions are authorized to conduct other
gaming activities like operating a cardroom or operating slot machines at their PMW facilities.
Lease of Pari-mutuel Facilities
Holders of valid pari-mutuel permits for the conduct of any pari-mutuel wagering in this state are entitled to lease
any and all of their facilities, as follows:3
The lease may only be to another holder of a same class valid pari-mutuel permit;
The permitholders must be located within a 35-mile radius of each other; and
The lessee is entitled to a permit and license to conduct intertrack wagering4 and operate its race meet5 or
jai alai6 games at the leased premises.
Pari-mutuel Wagering Permitting and Licensure
The Florida Pari-mutuel Wagering Act (Act)7 provides specific permitting and licensing requirements for the
conduct of the pari-mutuel industry.8 Pari-mutuel wagering activities are limited to operators who have received a
permit from the Division, which is then subject to ratification by county referendum.9 Permitholders apply for an
operating license annually to conduct pari-mutuel wagering activities.10 Certain permitholders are also authorized
to operate cardrooms11 and slot machines at their facility.12
The Act generally requires that any transfer or assignment of a permit receive prior approval13 by the Commission,
which must determine the eligibility14 of persons and entities to hold a permit. Similarly, if a permit is held by a
corporation or business entity other than an individual, the transfer of ten percent or more of the stock or other
evidence of ownership or equity in the permitholder may not be made without the prior approval of the transferee
by the Commission.15
The Act restricts pari-mutuel permitholders from being issued an operating license to conduct pari-mutuel
wagering, slot machine gaming, or the operation of a cardroom if the permitholder did not hold an operating
license for the conduct of pari-mutuel wagering for Fiscal Year 2020-2021.16
The Act restricts pari-mutuel permitholders from holding a permit to conduct pari-mutuel wagering and
associated cardroom or slot machine licenses17 unless the permitholder, other than a limited thoroughbred
permitholder, held an operating license for the conduct of pari-mutuel wagering for Fiscal year 2020-2021.18
1
From 1932 to 1969, Florida’s pari-mutuel industry was regulated by the State Racing Commission. In 1970, the commission became
a division within the Department of Business Regulation, which, in 1993, became DBPR.
2
See ss. 16.71-16.716, F.S.
3
S. 550.475, F.S.
4
S. 550.002(16), F.S., defines “intertrack wager” or “intertrack wagering” as a particular form of pari-mutuel wagering in which
wagers are accepted at a permitted, in-state track, fronton, or pari-mutuel facility on a race or game transmitted from and performed
live at, or simulcast signal rebroadcast from, another in-state pari-mutuel facility.
5
S. 550.002(19), F.S., defines “meet” or “meeting” as the conduct of live racing or jai alai, or wagering on intertrack or simulcast
events, for any stake, purse, prize, or premium.
6
S. 550.002(17), F.S., defines “jai alai” or “pelota” as a ball game of Spanish origin played on a court with three walls.
7
Ch. 550, F.S.
8
S. 550.054(1), F.S.
9
S. 550.054(2), F.S.
10
S. 550.0115, F.S.
11
S. 849.086, F.S.
12
S. 551.104, F.S.
13
There is one exception to the prior-approval requirement in s. 550.054(11)(a), F.S., which is that the holder of a permit converted to
a jai alai permit “may lease or build anywhere within the county in which its permit is located.” As of 2021, such conversions are
prohibited. See s. 550.054(15)(d), F.S.
14
See s. 550.1815, F.S.
15
S. 550.054(11)(b), F.S.
16
S. 550.01215(1)(d), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The Act specifies that permits held on January 1, 2021 are deemed valid,19 but new permits for pari-mutuel
wagering may not be approved or issued.20
The Commission is required to revoke the permit of any permitholder, other than a limited thoroughbred
permitholder, who did not hold an operating license for the conduct of pari-mutuel wagering for fiscal year 2020-
2021. A permit revoked under this provision is void and may not be reissued.21
Live Racing Requirements
Currently, only thoroughbred permitholders are required to conduct live racing in order to operate other PMW
activities. For example, in order to hold a cardroom license, thoroughbred permitholders are required to run a
certain number of live races each year.
The Act defines “full schedule of live racing or games” as follows: 22
Jai alai permitholders: the conduct of a combination of at least 100 live evening or matinee performances
during the preceding year;
Converted permitholders: the conduct of a combination of at least 100 live evening and matinee wagering
performances during either of the 2 preceding years;
Jai alai permitholder who does not operate slot machines: who has conducted at least 100 live
performances per year for at least 10 years after December 31, 1992, and whose handle on live jai alai
games conducted at its pari-mutuel facility has been less than $4 million per state fiscal year for at least 2
consecutive years after June 30, 1992, the conduct of a combination of at least 40 live evening or matinee
performances during the preceding year;
Jai alai permitholder who operates slot machines: the conduct of a combination of at least 150
performances during the preceding year;
Harness permitholder: the conduct of at least 100 live regular wagering performances during the
preceding year;
Quarter horse permitholder at its facility: unless an alternative schedule of at least 20 live regular
wagering performances is agreed upon by the permitholder and either the Florida Quarter Horse Racing
Association or the horsemen's association representing the majority of the quarter horse owners and
trainers at the facility and filed with the commission along with its annual date application, in the 2010-
2011 fiscal year, the conduct of at least 20 regular wagering performances, in the 2011-2012 and 2012-
2013 fiscal years, the conduct of at least 30 live regular wagering performances, and for every fiscal year
after the 2012-2013 fiscal year, the conduct of at least 40 live regular wagering performances;
Quarter horse permitholder leasing another licensed racetrack: the conduct of 160 events at the
leased facility; and for a thoroughbred permitholder, the conduct of at least 40 live regular wagering
performances during the preceding year.
Greyhound permitholders are prohibited from conducting live racing.
Jai alai permitholders, harness horse racing permitholders, and quarter horse racing permitholders have the
option to conduct live racing or games but are not required to do so.23
A greyhound permitholder, jai alai permitholder, harness horse racing permitholder, or quarter horse racing
permitholder that does not conduct live racing or games:24
Retains its permit;
17
Under s. 551.114(4), F.S., designated slot machine gaming areas must be located at the address specified in the licensed
permitholder's slot machine license issued for Fiscal Year 2020-2021.
18
S. 550.054(15)(a), F.S.
19
S. 550.054(15)(b), F.S.
20
S. 550.054(15)(c), F.S.
21
S. 550.054(9)(c), F.S.
22
S. 550.002(10), F.S.
23
S. 550.01215, F.S.(1)(b)1., F.S.
24
Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Is a pari-mutuel facility as defined in s. 550.002(23), F.S.;
Is eligible, but not required, to be a guest track, and if the permitholder is a harness horse racing
permitholder, is eligible to be a host track for purposes of intertrack wagering and simulcasting pursuant to
ss. 550.3551, 550.615, 550.625, and 550.6305, F.S.;
Remains eligible for a cardroom license; and
If previously issued a slot machine license, remains eligible for such license.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 12 Y, 0 N, As CS 3/26/2025 Anstead Thompson
Subcommittee
THE CHANGES ADOPTED BY THE Specified the leased facility must be at the address on the permit.
COMMITTEE: Removed the authority for such permitholders to obtain an additional
permit.
Prohibited the lessee from operating a cardroom or slot machine
license at the leased facility.
Required jai alai permitholders that lease such facilities to conduct at
least 59 live performances.
Commerce Committee Hamon Thompson
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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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 709 2025
1 A bill to be entitled
2 An act relating to jai alai permitholders; amending s.
3 550.475, F.S.; authorizing holders of a valid pari-
4 mutuel permit to lease certain facilities to any other
5 holder of the same pari-mutuel permit or to any jai
6 alai permitholder when located within a specified
7 radius of each other; authorizing such lessees to
8 apply for a certain license; prohibiting such lessees
9 from operating a cardroom or slot machine at the
10 leased facility; requiring certain jai alai
11 permitholders to conduct a minimum number of live
12 performances using their existing permit; prohibiting
13 operation under a lessor's permit; providing an
14 effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Section 550.475, Florida Statutes, is amended
19 to read:
20 550.475 Lease of pari-mutuel facilities by pari-mutuel
21 permitholders.—Holders of valid pari-mutuel permits for the
22 conduct of any pari-mutuel wagering in this state may are
23 entitled to lease any and all of their facilities, located at
24 the address listed on the permit on January 1, 2021, to any
25 other holder of a same class valid pari-mutuel permit or to any
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hb709-01-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 709 2025
26 jai alai permitholder, when located within a 35-mile radius of
27 each other; and such lessee may apply for a is entitled to a
28 permit and license to conduct intertrack wagering and operate
29 its race meet or jai alai games at the leased facility but may
30 not operate a cardroom or slot machine license at the leased
31 facility. A jai alai permitholder that leases a facility in
32 accordance with this section must conduct a minimum of 59 live
33 performances using such permitholder's existing permit and may
34 not operate under the lessor's permit premises.
35 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
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hb709-01-c1
CS/HB 839
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 839 COMPANION BILL: CS/SB 944 (Davis)
TITLE: Insurance Overpayment Claims Submitted to LINKED BILLS: None
Psychologists RELATED BILLS: None
SPONSOR(S): Booth
Committee References
Insurance & Banking Health Care Facilities & Systems Commerce
17 Y, 0 N, As CS 15 Y, 0 N
SUMMARY
Effect of the Bill:
By default, under Florida law, health insurers and health maintenance organizations (HMOs) have 30 months after
rendering payment to a provider to submit a claim for overpayment. The bill reduces the 30-month period to 12
months for overpayment claims submitted to licensed psychologists provided on or after January 1, 2026.
The bill adds licensed psychologists to a list of providers that already enjoy the shortened overpayment claim
window under Florida law. Existing law applies the 12-month period for overpayment claims to several licensed
providers (chiropractors, podiatrists, osteopaths, certain physicians and dental surgeons).
Fiscal or Economic Impact:
Insurers and HMOs may recover less from overpaid claims to psychologists due to the reduced overpayment claim
period. The effect on premiums is indeterminate.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Psychologist Overpayment Claims
The bill adds psychologists licensed under ch. 490, F.S., to a list of licensed providers that enjoy a reduced time
period for insurers and health maintenance organizations (HMOs) to submit claims for overpayment. Under the
reduced time period, claims for overpayment must be submitted to the provider within 12 months, rather than the
standard 30-month period.
The changes in the bill apply to claims for services provided on or after January 1, 2026.
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Insurers and HMOs may recover less from overpaid claims to psychologists due to the reduced overpayment claim
period. The effect on premiums is indeterminate.
STORAGE NAME: h0839d.COM
DATE: 4/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Health Care Service Claims Overpayments
An overpayment is an insurance reimbursement for provider services in an amount that is more than is required
by the contract between the payer and the provider. Overpayments might take the following forms:
Duplicate Payments – Patients or their family members may inadvertently make multiple payments
for the same service.1
Billing or Coding Errors – Mistakes in billing codes or modifiers can occur and lead to inaccurate
charges on a patient’s account.2
Excess Patient Responsibility Collected – A patient’s insurance benefits or deductibles may be
miscalculated by either the patient or the health care practitioner.3
Coordination of Benefits Between Multiple Insurers – Patients sometimes have two or more
sources of insurance coverage (primary and secondary insurance plans). If both insurers remit
payment and inadvertently exceed the cost of the service, the health care practitioner may receive
funds beyond what is contractually required.4
Oftentimes, overpayment claims are the result of a retroactive review or audit of coverage decisions and payment
levels.
Subsections s. 627.6131(6), F.S., and 641.3155(5), F.S., govern the process by which a health insurer or health
maintenance organization (HMO), respectively, may make a claim for overpayment against a provider to whom it
rendered payment. The insurer or HMO must send a written or electronic statement specifying the basis for the
retroactive denial or payment adjustment to the provider of the specific claim(s) for which the overpayment is
submitted.
If the overpayment is not related to fraud, the health insurer or HMO must submit its claim for overpayment within
30 months after the insurer or HMO paid the claim. After receiving the claim for overpayment, the provider has 40
days in which to pay, deny, or contest the claim. A contested claim for overpayment must be paid or denied by the
provider within 120 days after receipt. If, after 140 days, the provider has not paid or denied the overpayment
claim, an uncontestable obligation is placed on the provider to pay the insurer or HMO claim. A provider that
chooses to deny or contest an insurer or HMO claim must notify the insurer or HMO in writing of the provider’s
decision within 35 days after the provider received the claim for overpayment. If the claim is contested, the
provider must request additional information, which the insurer or HMO must give the provider within 35 days
after receiving the request. After receiving the additional information, the provider has 45 days to pay or deny the
claim.
Subsections s. 627.6131(18), F.S., and s. 641.3155(16), F.S., establish a different time period for overpayment
claims for certain providers. Claims for overpayment must be submitted within 12 months, rather than the usual
30-month period for physicians licensed under ch. 458, F.S., osteopaths licensed under ch. 459, F.S., chiropractors
licensed under ch. 460, F.S., podiatrists licensed under ch. 461, F.S., and (for oral surgery only) dental surgeons
licensed under ch. 466, F.S.
1 Azad, T. and William, P., Fraud Detection in Healthcare Billing and Claims, International Journal of Science and Research April 2025 (Vol 15,
Issue 1), available at https://ijsra.net/content/fraud-detection-healthcare-billing-and-claims (last visited, April 8, 2025).
2 Id.
3 PBS News, Health Insurance Claim Denials are on the Rise, to the Detriment of Patients, available at
https://www.pbs.org/newshour/health/analysis-health-insurance-claim-denials-are-on-the-rise-to-the-detriment-of-patients (last visited,
April 8, 2025).
4 Nupur Gambir, Coordination of Benefits: How Having Two Health Insurance Plans Works, (March 11, 2025) available at
https://www.insure.com/health-insurance/how-coordination-of-benefits-works/ (last visited, April 8, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 17 Y, 0 N, As CS 3/13/2025 Lloyd Schenk
Subcommittee
THE CHANGES ADOPTED BY THE The amendment applied the same change to health maintenance organizations
COMMITTEE: (HMOs) as the original bill provided for health insurers.
Health Care Facilities & Systems 15 Y, 0 N 4/10/2025 Calamas Aderibigbe
Subcommittee
Commerce Committee Hamon Schenk
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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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
CS/HB 839 2025
1 A bill to be entitled
2 An act relating to insurance overpayment claims
3 submitted to psychologists; amending ss. 627.6131 and
4 641.3155, F.S.; requiring insurance overpayment claims
5 submitted to psychologists to be submitted within a
6 specified timeframe; providing applicability;
7 providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (18) of section 627.6131, Florida
12 Statutes, is amended to read:
13 627.6131 Payment of claims.—
14 (18) Notwithstanding the 30-month period provided in
15 subsection (6), all claims for overpayment submitted to a
16 provider licensed under chapter 458, chapter 459, chapter 460,
17 chapter 461, or chapter 466, or chapter 490 must be submitted to
18 the provider within 12 months after the health insurer's payment
19 of the claim. A claim for overpayment may not be permitted
20 beyond 12 months after the health insurer's payment of a claim,
21 except that claims for overpayment may be sought beyond that
22 time from providers convicted of fraud pursuant to s. 817.234.
23 Section 2. Subsection (16) of section 641.3155, Florida
24 Statutes, is amended to read:
25 641.3155 Prompt payment of claims.—
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hb839-01-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 839 2025
26 (16) Notwithstanding the 30-month period provided in
27 subsection (5), all claims for overpayment submitted to a
28 provider licensed under chapter 458, chapter 459, chapter 460,
29 chapter 461, or chapter 466, or chapter 490 must be submitted to
30 the provider within 12 months after the health maintenance
31 organization's payment of the claim. A claim for overpayment may
32 not be permitted beyond 12 months after the health maintenance
33 organization's payment of a claim, except that claims for
34 overpayment may be sought beyond that time from providers
35 convicted of fraud pursuant to s. 817.234.
36 Section 3. The amendments made by this act to ss.
37 627.6131(18) and 641.3155(16), Florida Statutes, apply to claims
38 for services provided on or after January 1, 2026.
39 Section 4. This act shall take effect July 1, 2025.
Page 2 of 2
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hb839-01-c1
CS/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 #: CS/HB 897 COMPANION BILL: CS/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
15 Y, 0 N, As CS 14 Y, 0 N
SUMMARY
Effect of the Bill:
The bill exempts community association managers (CAMs) and CAM firms from certain requirements relating to
conflicts of interest if the CAM or CAM firm manages a timeshare plan and provides certain disclosures relating to a
conflict 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.
That if a timeshare management firm or an owners’ association provides goods or services through a
parent, affiliate, or subsidiary of the timeshare management firm, the fact that a related party is providing
goods or services must be disclosed annually to the members of that owners’ association using certain
methods.
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 from certain requirements and
prohibitions relating to conflicts of interest1 if the CAM or CAM firm:
Manages a timeshare plan governed by the Vacation Plan and Timesharing Act2 (Timeshare Act); and
Provides certain conflict of interest disclosures3 under the Timeshare Act. (Section 2.)
1 See s. 468.4335, F.S.
2 Ch. 721, F.S.
3 See s. 721.13(13)(c)1., F.S.
STORAGE NAME: h0897d.COM
DATE: 4/11/2025
1
The bill specifies that timeshare management firms and licensed CAMs that are employed by a timeshare
management firm are not governed by s. 468.4335, F.S.,4 but rather are governed by ss. 468.438,5 and 721.13, F.S.6
(Section 3.)
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,7 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.;8
A transaction from which the firm or licensed CAM derived an improper personal benefit, either directly or
indirectly; or
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 requires9 a board of administration of a timeshare condominium to meet only once a year, unless
additional board meetings are called. Additionally, the bill requires that, if a timeshare management firm or an
owners’ association provides goods or services through a parent, affiliate, or subsidiary of the timeshare
management firm, the fact that a related party is providing goods or services must be disclosed annually to the
members of that owners’ association in any of the following ways:
As an explanatory note to the annual budget;
In the management contract;
By mail sent to each owner’s address on file for providing notice;
In the notice of an annual or special meeting of the owners;
By posting notice on the timeshare plan’s website; or
By any owner communication used by the managing entity of the timeshare plan. (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.10
Community association managers11 (CAMs) and community association management firms12 (CAM firms) provide
community association management services, which means any of the following practices that require substantial
4 S. 468.4335, F.S., governs the regulation of conflicts of interest for CAMs and CAM firms.
5 S. 468.438, F.S., governs the licensure and regulation of timeshare management firms by Florida’s Department of Business
and Professional Regulation.
6 S. 721.13, F.S., governs the management of timeshare plans under the Florida Vacation Plan and Timesharing Act.
7 See s. 617.0834, F.S.
8 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.
9 This requirement is notwithstanding the other provisions of ch. 718, F.S., the Florida Condominium Act.
10 S. 468.431(1), F.S.
11 See s. 468.431(4), F.S.
12 See s. 468.432(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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;
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.13
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.14 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.15 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.16
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.17
Florida law requires a CAM or CAM firm to return all official records of a community association within its
possession to the association within 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.18
Conflicts of Interest
13 S. 468.431(2), F.S.
14 See ss. 468.432(1) and 468.4315, F.S.
15 S. 468.432(1), F.S.
16 S. 468.432(2), F.S.
17 S. 468.4334(1)(a), F.S.
18 S. 468.4334(4), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
A CAM or CAM firm, including directors, officers, and persons with a financial interest in a CAM firm, or a relative19
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.20 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.21
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
that conducts business with the association or proposes to enter into a contract or other transaction with
the association.22
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.23
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.24 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.25
Florida Vacation Plan and Timesharing Act
The Florida Vacation Plan and Timesharing Act26 (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.27
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.28
19 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.
20 S. 468.4335(1), F.S.
21 S. 468.4335(1)(a), F.S.
22 S. 468.4335(1)(b), F.S.
23 S. 468.4335(3), F.S.
24 S. 468.4335(4), F.S.
25 Id.
26 Ch. 721, F.S.
27 S. 721.05(39), F.S.
28 S. 721.02, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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.29 The
Timeshare Act governs vacation plans and timesharing,30 and multisite vacation and timeshare plans known as
vacation clubs.31
Managing Entity of a Timeshare
The Timeshare Act requires a developer to provide a managing entity for each timeshare plan.32 The managing
entity is the person or organization responsible for operating and maintaining the timeshare plan.33 The managing
entity may be the developer, a separate manager or management firm, or an owners' association,34 and must be
created prior to the first closing of the sale of a timeshare interest.35
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.36
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.37 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
29 S. 721.03(1), F.S.
30 See p. I of ch. 721, F.S.
31 See pt. II of ch. 721, F.S.
32 S. 721.13(1)(a), F.S.
33 See s. 721.05(22), F.S.
34 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.
35 S. 721.13(1)(a), F.S.
36 S. 721.13(3), F.S.
37 S. 721.13(13), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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.38
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 15 Y, 0 N, As CS 4/1/2025 Curtin Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE Clarified disclosure requirements for timeshare management firms and
COMMITTEE: owners’ associations that provide goods and services through a related party
to the owners’ association and made other clarifying, technical changes.
Civil Justice & Claims 14 Y, 0 N 4/10/2025 Jones Mawn
Subcommittee
Commerce Committee Hamon Fletcher
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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38 Id.
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6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 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 specified entities;
24 specifying the manner in which such disclosure must be
25 made; providing construction; reenacting s. 721.14(2),
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26 F.S., relating to discharge of a managing entity, to
27 incorporate the amendment made to s. 721.13, F.S., in
28 a reference thereto; providing an 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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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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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 and provides disclosure
80 under s. 721.13(13)(c)1.
81 Section 3. Subsection (3) is added to section 468.438,
82 Florida Statutes, to read:
83 468.438 Timeshare management firms.—
84 (3) A timeshare management firm and any individual
85 licensed under this part who is employed by a timeshare
86 management firm are governed by s. 721.13 and not by s.
87 468.4335.
88 Section 4. Paragraph (e) of subsection (1) and subsections
89 (4), (10), and (13) of section 721.13, Florida Statutes, are
90 amended to read:
91 721.13 Management.—
92 (1)
93 (e) Any managing entity performing community association
94 management must comply with part VIII of chapter 468.
95 (4) The managing entity shall maintain among its records
96 and provide to the division upon request a complete list of the
97 names and addresses of all purchasers and owners of timeshare
98 units in the timeshare plan. The managing entity shall update
99 this list no less frequently than quarterly. Pursuant to
100 paragraph (3)(d), the managing entity may not publish this
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101 owner's list or provide a copy of it to any purchaser or to any
102 third party other than the division. However, the managing
103 entity shall mail to those persons listed on the owner's list
104 materials provided by any purchaser, upon the written request of
105 that purchaser, if the purpose of the mailing is to advance
106 legitimate owners' association business, such as a proxy
107 solicitation for any purpose, including the recall of one or
108 more board members elected by the owners or the discharge of the
109 manager or management firm. The use of any proxies solicited in
110 this manner must comply with the provisions of the timeshare
111 instrument and this chapter. A mailing requested for the purpose
112 of advancing legitimate owners' association business shall occur
113 within 30 days after receipt of a request from a purchaser. The
114 board of administration of the owners' association shall be
115 responsible for determining the appropriateness of any mailing
116 requested pursuant to this subsection. The purchaser who
117 requests the mailing must reimburse the owners' association in
118 advance for the owners' association's actual costs in performing
119 the mailing. It is shall be a violation of this chapter and, if
120 applicable, of part VIII of chapter 468, for the board of
121 administration or the manager or management firm to refuse to
122 mail any material requested by the purchaser to be mailed,
123 provided the sole purpose of the materials is to advance
124 legitimate owners' association business. If the purpose of the
125 mailing is a proxy solicitation to recall one or more board
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126 members elected by the owners or to discharge the manager or
127 management firm and the managing entity does not mail the
128 materials within 30 days after receipt of a request from a
129 purchaser, the circuit court in the county where the timeshare
130 plan is located may, upon application from the requesting
131 purchaser, summarily order the mailing of the materials solely
132 related to the recall of one or more board members elected by
133 the owners or the discharge of the manager or management firm.
134 The court shall dispose of an application on an expedited basis.
135 In the event of such an order, the court may order the managing
136 entity to pay the purchaser's costs, including attorney's fees
137 reasonably incurred to enforce the purchaser's rights, unless
138 the managing entity can prove it refused the mailing in good
139 faith because of a reasonable basis for doubt about the
140 legitimacy of the mailing.
141 (10) Any failure of the managing entity to faithfully
142 discharge the fiduciary duty to purchasers imposed by this
143 section or to otherwise comply with the provisions of this
144 section is shall be a violation of this chapter and of part VIII
145 of chapter 468.
146 (13)(a) Notwithstanding any provisions of chapter 607,
147 chapter 617, or chapter 718, an officer, director, or agent of
148 an owners' association, including a timeshare management firm
149 and any individual licensed under part VIII of chapter 468
150 employed by the timeshare management firm, shall discharge its
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151 his or her duties in good faith, with the care an ordinarily
152 prudent person in a like position would exercise under similar
153 circumstances, and in a manner it he or she reasonably believes
154 to be in the interests of the owners' association. An officer,
155 director, or agent of an owners' association, including a
156 timeshare management firm and any individual licensed under part
157 VIII of chapter 468 employed by the timeshare management firm,
158 are shall be exempt from liability for monetary damages in the
159 same manner as provided in s. 617.0834 unless such officer,
160 director, or agent, or firm breached or failed to perform its
161 his or her duties and the breach of, or failure to perform, its
162 his or her duties constitutes a violation of criminal law as
163 provided in s. 617.0834; constitutes a transaction from which
164 the officer or director derived an improper personal benefit,
165 either directly or indirectly; or constitutes recklessness or an
166 act or omission that was in bad faith, with malicious purpose,
167 or in a manner exhibiting wanton and willful disregard of human
168 rights, safety, or property.
169 (b) Notwithstanding chapter 718, the board of
170 administration of a timeshare condominium is required to meet
171 only once each year, unless additional board meetings are called
172 pursuant to a timeshare instrument.
173 (c)1. If a timeshare management firm or an owners'
174 association provides goods or services through a parent,
175 affiliate, or subsidiary of the timeshare management firm, the
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176 fact that a related party is providing goods or services must be
177 disclosed annually to the members of that owners' association in
178 any of the following ways:
179 a. As an explanatory note to the annual budget pursuant to
180 subparagraph (3)(c)1.;
181 b. In the management contract;
182 c. By mail sent to each owner's address on file for
183 providing notice;
184 d. In the notice of an annual or special meeting of the
185 owners;
186 e. By posting notice on the website of the applicable
187 timeshare plan; or
188 f. By any owner communication used by the managing entity.
189 2. A timeshare management firm and any individual licensed
190 under part VIII of chapter 468 employed by the timeshare
191 management firm are governed by this section and s. 468.438.
192 Section 5. For the purpose of incorporating the amendment
193 made by this act to section 721.13, Florida Statutes, in a
194 reference thereto, subsection (2) of section 721.14, Florida
195 Statutes, is reenacted to read:
196 721.14 Discharge of managing entity.—
197 (2) In the event the manager or management firm is
198 discharged, the board of administration of the owners'
199 association shall remain responsible for operating and
200 maintaining the timeshare plan pursuant to the timeshare
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201 instrument and s. 721.13(1). If the board of administration
202 fails to do so, any timeshare owner may apply to the circuit
203 court within the jurisdiction of which the accommodations and
204 facilities lie for the appointment of a receiver to manage the
205 affairs of the owners' association and the timeshare plan. At
206 least 30 days before applying to the circuit court, the
207 timeshare owner shall mail to the owners' association and post
208 in a conspicuous place on the timeshare property a notice
209 describing the intended action. If a receiver is appointed, the
210 owners' association shall be responsible as a common expense of
211 the timeshare plan, for payment of the salary and expenses of
212 the receiver, relating to the discharge of her or his duties and
213 obligations as receiver, together with the receiver's court
214 costs, and reasonable attorney's fees. The receiver shall have
215 all powers and duties of a duly constituted board of
216 administration and shall serve until discharged by the circuit
217 court.
218 Section 6. This act shall take effect July 1, 2025.
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CS/HB 913
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 913 COMPANION BILL: CS/SB 1742 (Bradley)
TITLE: Condominium Associations LINKED BILLS: None
SPONSOR(S): Lopez, V. RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Commerce
18 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill:
Prohibits Citizens Property Insurance Corporation from issuing or renewing a policy for a unit owner or a
condominium association unless the association has completed a milestone inspection and a structural
integrity reserve study (SIRS), if applicable;
Provides that the amount of adequate insurance coverage for full insurable value, replacement cost, or
similar coverage may be based on the replacement cost of the property to be insured;
Allows the board of directors of an association to levy special assessments and obtain loans to perform
necessary maintenance, as required by the milestone inspection report and SIRS report, without the prior
approval of the condominium association’s membership;
Provides that the members of a unit-owner-controlled association may approve, by majority vote, a secured
line of credit up to a certain amount to meet the reserve funding schedule recommended by the SIRS report;
Permits an association’s reserve accounts to be pooled for two or more required components of the SIRS;
Provides that it is a conflict of interest for any person who performs a SIRS or milestone inspection to
provide services for the repair of the condominium property that was the subject of such SIRS or milestone
inspection, or to have a financial interest in the person or entity providing the repairs; and
Requires DBPR to initiate certain rulemaking.
Fiscal or Economic Impact:
The bill has an indeterminate effect on state government and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Citizens Property Insurance Corporation
The bill prohibits Citizens Property Insurance Corporation from issuing or renewing an insurance policy for a
condominium unit owner or a condominium association unless the condominium association has complied with
the requirements in s. 553.899, F.S., relating to milestone inspections, and 718.112(2)(g), F.S., relating to structural
integrity reserve studies (SIRS). (Section 1.)
Amendment to Association Declaration
The bill provides that the declaration of a nonresidential condominium formed after July 1, 2025, may be amended
to change the configuration or size of a unit in any material fashion, materially alter or modify the appurtenances
to the unit, or change the proportion or percentage by which the unit owner shares the common expenses of the
condominium and owns the common surplus of the condominium, if the record owners of all affected units and all
STORAGE NAME: h0913b.COM
DATE: 4/11/2025
1
record owners of liens on the affected units join in the execution of the amendment. The approval of the owners of
nonaffected units is not required under the bill. (Section 2.)
Insurance Coverage for Associations
The bill clarifies that every condominium association must provide adequate property insurance, as determined
under paragraph (11)(a) of s. 718.111, F.S., regardless of any requirement in the declaration of condominium for
different coverage for the association. (Section 3.)
Further, the bill provides that the amount of adequate insurance coverage for full insurable value, replacement
cost, or similar coverage may be based on the replacement cost of the property to be insured, as determined by an
independent insurance appraisal or update of a previous appraisal. The bill requires that the replacement cost of
property covered must be determined every 3 years, at a minimum. (Section 3.)
Board of Administration Meetings
The bill clarifies that, at least four times each year, the meeting agenda for an association’s board meeting must
include an opportunity for members to ask questions of the board, including questions relating to the status of
any construction or repair projects, the status of all revenue and expenditures during the current fiscal year,
and any other issues affecting the condominium. (Section 5.)
Pursuant to the above changes, the bill clarifies that the association may adopt written reasonable rules governing
the frequency, duration, and manner of unit owner statements and questions. (Section 5.)
Additionally, the bill requires an association to post on its website the adopted minutes of all meetings of the
association, the board of administration, and the unit owners over the preceding 7 years. This requirement,
however, does not go into effect until January 1, 2025. (Section 4.)
Annual Budgets
For an annual budget adopted on or before December 31, 2027, the bill authorizes the members of a unit-owner-
controlled association to approve, by a majority vote of the total voting interests of the association, the provision of
a secured line of credit for up to 35 percent of the amount of the reserves required to meet the reserve funding
schedule recommended by a SIRS with respect to items with an estimated remaining useful life of greater than 10
years. (Section 5.)
Structural Integrity Reserve Studies
The bill provides that it is a conflict of interest for any person who performs a SIRS or a milestone inspection to:
Provide services for the repair or replacement of the condominium property that was the subject of such
milestone inspection or SIRS, or
To have a financial interest in the entity or person providing the repair or replacement services. (Section
5.)
The bill clarifies that four-family dwelling units are exempt from the SIRS requirements, similar to such units’
exemption from the milestone inspection requirements. (Section 5.)
Additionally, the bill requires the Department of Business and Professional Regulation, by October 1, 2025, to
initiate rulemaking to establish criteria for determining the estimated useful life of the building components that
are subject to SIRS. (Section 5.)
The bill authorizes an association’s reserve accounts for two or more required components to be pooled. The bill
requires that the reserve funding indicated in the proposed annual budget must be sufficient to ensure that
available funds meet or exceed projected expenses for all components in the reserve pool, based on the most
recent SIRS. (Section 5.)
2
The bill allows a board of an association to pause contributions to its reserves, without obtaining the prior
approval of a majority of its members, if a local building official determines that a condominium building is
uninhabitable due to a natural emergency.1 (Section 5.)
Recall of Board Members
The bill significantly revises provisions relating to recalls of board members. Under the bill, a voting interest of the
condominium may not be suspended when voting to recall a member of the board, and any prior suspension of
voting rights pursuant to s. 718.303(5), F.S., has no effect on a recall vote. (Section 5.)
The bill also requires that a proposed recall agreement or a copy thereof must be served on the association by
registered mail or in the manner authorized by ch. 48, F.S., and the Florida Rules of Civil Procedure (FRCP).2
Methods of service that are not authorized by ch. 48, F.S., and FRCP are invalid and any service that does not
comply with ch. 48, F.S., and FRCP is void. (Section 5.)
Under the bill, the rejection of a unit owner's recall agreement applies when the recall agreement:
Was improperly served;
Was executed by a person who was not a unit's record owner or designated voter;
Was previously marked for the removal of any board member;
Does not contain any markings that indicate the selection by a unit owner to either remove or retain a
board member; or
Does not contain the signature of the unit owner. (Section 5.)
The bill creates a rebuttable presumption that a unit owner executing a recall agreement is the designated voter for
the unit. Additionally, the bill prohibits an association from enforcing a voting certificate requirement if the
association has not enforced such requirement in all matters requiring the use of voting certificates in the year
immediately preceding service of the recall agreement. (Section 5.)
Further, the bill requires that the rescission or revocation of a unit owner's recall agreement must be in writing
and delivered to the association before the association is served with the written recall agreement. The bill
requires these provisions be liberally construed to:
Ensure a unit owner is not disenfranchised by an association in a recall; and
Prevent an association from failing to certify a recall agreement on a technical omission which is not a part
in the discharge of the unit owner's voting rights. (Section 5.)
Director or Officer Delinquencies
The bill clarifies due dates for purposes of director or officer delinquencies. A director or an officer is delinquent if
a payment is not made by the due date specifically identified in the association’s governing documents. In the
absence of a due date specified in the governing documents, the due date is the first day of the assessment period.
(Section 5.)
Hurricane Protection
The bill clarifies that, unless otherwise provided in an association’s declaration, a unit owner is not responsible
for the cost of any removal or reinstallation of hurricane protection, including exterior windows, doors, or other
apertures, if the removal is necessary for the maintenance, repair, or replacement of other condominium property
for which the association is responsible. (Section 6.)
Accordingly, the board must determine if the removal or reinstallation of hurricane protection must be completed
by the unit owner or the association if the declaration does not specify who is responsible for such costs.
(Section 6.)
1 Natural emergency means an emergency caused by a natural event, including, but not limited to, a hurricane, storm, flood,
severe wave action, drought, or earthquake. S. 252.34(8), F.S.
2 See Fla. Rules of Court Procedure, Ch. 1: Rules of Civil Procedure (Jan. 1, 2025), https://www-
media.floridabar.org/uploads/2025/01/Civil-Procedure-Rules-01-01-25-Corrected-Opinion.pdf (last visited Mar. 9, 2025).
3
The bill removes the ability of an association to assess a unit owner if the association removes or reinstalls
hurricane protection in instances where the removal or reinstallation of hurricane protection is the responsibility
of a unit owner. (Section 6.)
Board’s Authority to Levy Special Assessments and Obtain Loans
The bill makes the following legislative findings:
In some circumstances, an association’s governing documents restrict the authority of its board to levy
special assessments or obtain loans without the prior approval of its membership, which may preclude the
association from obtaining immediate funding to carry out its obligations to perform necessary
maintenance, repair, or replacement of the condominium property, as required by the milestone inspection
report and SIRS report, in order to protect the health and safety of unit owners and tenants.
It is contrary to the public policy of this state to limit the ability of an association to obtain the funds needed
to perform necessary maintenance, repair, or replacement of the condominium property, as required by
the reports referenced above, in order to protect unit owners and tenants.
It is in the public interest to authorize an association’s board to meet its fiduciary duty and levy special
assessments or obtain loans to fund necessary maintenance, repair, or replacement of the condominium
property, as required by the reports referenced above, to protect unit owners and tenants. (Sections 3 and
7.)
Notwithstanding any provision to the contrary in an association’s governing documents, the bill authorizes a board
of an association to levy special assessments or obtain loans to perform necessary maintenance, repair, or
replacement of condominium property, as required by the milestone inspection report and SIRS report, without
the prior approval of the membership in order to protect the health and safety of unit owners and tenants. This
authorization applies to all condominiums in existence on or after July 1, 2025, which are not subject to control of
the developer, a bulk assignee, or a bulk buyer. (Sections 3 and 7.)
Termination of a Condominium
The bill clarifies that a condominium form of ownership may be terminated if the total estimated cost of
construction, replacement, or repairs necessary to construct or replace the intended improvements (or restore the
improvements to bring them into compliance with the most recent version of the Florida Building Code or to bring
them into compliance with applicable laws or regulations) plus the combined estimated fair market value of the
units in the condominium before commencement of the construction, replacement, or repairs, exceeds the
combined estimated fair market value of the units in the condominium after completion of such construction,
replacement, or repairs. However, if at least 50 percent of the total voting interests are owned by a bulk owner, the
termination of the condominium unit because of economic waste requires the approval of at least 80 percent of all
the voting interests in the condominium. (Section 8.)
Additionally, for optional terminations under s. 718.117, F.S., the bill:
Clarifies that if 5 percent or more of the total voting interests of the condominium have rejected a plan of
termination by a negative vote or by providing written objections, the plan of termination may not proceed
and a subsequent plan of termination may not be considered for 24 months after the date of the rejection;
Provides that the requirements of paragraph (3)(c) apply only to residential condominiums; and
Clarifies that the termination must be approved by the Division of Florida Condominiums, Timeshares, and
Mobile Homes (Division) only after a plan of termination receives the requisite approval from the unit
owners. (Section 8.)
The bill also provides that, notwithstanding any provision in an association’s declaration to the contrary, the
association may amend the declaration of condominium for the purpose of incorporating the provisions of s.
718.117, F.S., by the lowest percentage of voting interests necessary to amend the declaration or as otherwise
provided in the declaration, whichever is less. (Section 8.)
Alternative Dispute Resolution
4
If an election or recall dispute is arbitrated by the Division, the bill provides that the Division’s decision is binding
on all parties to the arbitration, with certain exceptions. The bill clarifies that for all other disputes, the arbitration
decision is binding on all parties only if the parties agree in writing to be so bound. (Section 9.)
Under the bill, if a challenge to an election or recall dispute is filed in circuit court, the challenge must be brought as
a summary proceeding.3 The bill allows the party filing the action to request the court to issue a temporary
injunction to stay an upcoming election while the action is pending. The court must then set an immediate hearing
when an action is filed pursuant to these provisions. (Section 9.)
Additionally, the bill:
Allows the court to limit the time for taking testimony and the proximity of the date on which a succeeding
election is scheduled, if applicable;
Requires that an action filed pursuant to these provisions must be tried without a jury; and
Provides that the prevailing party in an action filed pursuant to these provisions is entitled to recover
reasonable attorney fees and costs. (Section 9.)
The bill also provides that a unit owner, recall representative, or an association may remove a petition for
arbitration for an election or a recall dispute within 10 days after service of such petition by filing a notice of
removal and complaint in the circuit court for the county in which the association is located. Failure to timely file
such notice and complaint bars the parties from seeking a new trial or otherwise filing an action in circuit court.
The bill provides requirements for filing the notice and complaint and the procedures to follow thereafter. (Section
9.)
Lastly, the bill provides that if the Division or a court in Florida renders a judgement against an association and in
favor of the unit owner, the Division or court must order the association to pay all costs incurred by the unit owner
in the action and the unit owner’s reasonable attorney fees. Costs and attorney fees may not be recovered in any
action involving the recall of directors except as provided in the bill’s provisions relating thereto or if awarded as a
sanction under s. 57.105, F.S.4 (Section 9.)
Electronic Voting
The bill removes the requirement that a written notice of a meeting, at which a particular resolution will be
considered, must be mailed, delivered, or electronically transmitted to the unit owners and posted conspicuously
on the condominium property or association property at least 14 days before such meeting. The bill also removes
the related requirement that evidence of compliance with the 14-day notice must be made by an affidavit executed
by the person providing the notice and filed with the official records of the association (Section 10.)
The bill creates an alternative method for an association to use electronic voting, in addition to the methods
already allowed in s. 718.128, F.S. Under the bill, if at least 25 percent of the voting interests of a condominium
petition the board to adopt a resolution for electronic voting for the next scheduled election, the board must hold a
meeting within 21 days after receipt of the petition to adopt that resolution. As a prerequisite, the bill requires that
the board receive such petition within 180 days after the date of the last scheduled annual meeting. (Section 10.)
Additionally, the bill:
Requires an association to designate an email address for receipt of electronically submitted ballots, unless
the association has adopted electronic voting in accordance with the other provisions of s. 718.128, F.S.;
Allows a unit owner to electronically transmit a ballot to the email address designated by his or her
association without complying with s. 718.112(2)(d)2., F.S., or the rules providing for the secrecy of ballots
adopted by the Division;
Requires an association to count completed ballots that are electronically transmitted to the designated
email address, provided the completed ballot is valid under the bill’s provisions;
3 S. 51.011, F.S.
4 S. 57.105, F.S. contain Florida’s Rules of Civil Procedure relating to attorney’s fees, sanctions for unsupported claims or
defenses, certain exceptions, the service of motions, and damages for delay of litigation.
5
Requires a unit owner to transmit his or her ballot to the email address designated by his or her association
no later than the scheduled date and time of the meeting during which the matter is being voted on; and
Creates a rebuttable presumption that an association has reviewed all folders associated with the email
address designated by the association to receive ballots if a board member, an officer, an agent of the
association, or a licensed community association manager5 provides a sworn affidavit attesting to such
review. (Section 10.)
Under the bill, a ballot that is electronically transmitted must include all of the following:
A space for the unit owner to type in his or her unit number;
A space for the unit owner to type in his or her first and last name, which also functions as the signature of
the unit owner for purposes of signing the ballot; and
The following statement in capitalized letters and in a font size larger than any other font size used in the
email from the association to the unit owners:
WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO NOT HAVE TO
WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE. BY TRANSMITTING
YOUR COMPLETED BALLOT THROUGH EMAIL TO THE ASSOCIATION, YOU WAIVE
YOUR SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE
YOUR SECRECY BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF
THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING WHICH THE
MATTER WILL BE VOTED ON. (Section 10.)
Insured Warranty Programs
The bill clarifies that nonresidential condominiums, not just residential condominiums, may be covered by an
insured warranty program that is underwritten by a licensed insurance company registered in Florida, provided
that the warranty program meets the minimum requirements. (Section 11.)
Transfer of Association Control
The bill provides that, beginning July 1, 2025, certain provisions relating to transfers of control do not apply to
nonresidential condominiums that are comprised of 10 or fewer units, so that unit owners of such condominiums,
other than the developer, will be entitled to elect at least a majority of the members of the board upon the first to
occur of the following events:
Three months after 90 percent of the units that will be operated ultimately by the association have
been conveyed to purchasers;
When the developer files a petition seeking protection in bankruptcy; or
When a receiver for the developer is appointed by a circuit court and is not discharged within 30
days after such appointment, unless the court determines within 30 days after appointment of the
receiver that transfer of control would be detrimental to the association or its members. (Section
12.)
Agreements Entered into By the Association
The bill amends provisions relating to agreements entered into by an association to incorporate nonresidential
condominiums consisting of 10 or fewer units. The bill provides that a grant, reservation, or contract may be
cancelled by unit owners (other than the developer) as follows:
If the association operates only one condominium and the unit owners (other than the developer) own at
least 75 percent of the voting interests in the condominium, or 90 percent of the voting interests if the
condominium is a nonresidential condominium consisting of 10 or fewer units, the cancellation must be
by concurrence of the owners of at least 75 percent of the voting interests (other than the voting interests
owned by the developer).
If the association operates more than one condominium and the unit owners (other than the developer)
have not assumed control of the association, and if unit owners (other than the developer) own at least 75
percent of the voting interests in the condominiums operated by the association or, beginning July 1,
5 Part VIII of ch. 468, F.S., governs the licensure and regulation of community association managers and community association
management firms in the state. See s. 468.432, F.S. and s. 468.433, F.S.
6
2025, 90 percent of the voting interests if the condominium is a nonresidential condominium
consisting of 10 or fewer units, any grant, reservation, or contract for maintenance, management, or
operation of buildings containing the units in that condominium or of improvements used only by unit
owners of that condominium may be cancelled by concurrence of the owners of at least 75 percent, or 90
percent if the condominium is a nonresidential condominium consisting of 10 or fewer units, of the
voting interests in the condominium (other than the voting interests owned by the developer). (Section
13.)
Condominiums Created Within a Portion of a Building
The bill clarifies that a condominium association created within a portion of a building under s. 718.407, F.S., may
inspect and copy the books and records upon which the costs for maintaining and operating any shared facilities
are based, and must receive an annual budget with respect to such costs. (Section 14.)
Additionally, the bill requires that, within 60 days after the end of each fiscal year, a complete financial report of all
costs for maintaining and operating the shared facilities must be provided to the association. This report must
include copies of all receipts and invoices. The bill allows the association to challenge any apportionment of costs
for the maintenance and operation of the shared facilities, provided that the challenge is made within 60 days after
receipt of the financial report. A challenge under this provision will be governed by homeowners’ associations
dispute provisions.6 (Section 14.)
Developer and Non-Developer Disclosures
The bill makes clarifying and conforming changes to required disclosures for developers and non-developers prior
to the sale of a residential condominium unit. (Section 15.)
Section 31 of Ch. 2024-244, Laws of Fla.
The bill clarifies that certain amendments that were made to the Act in 20247 do not revive, reinstate, or
retroactively apply to any right or interest in a matter pending adjudication before October 1, 2024. Effectively, the
bill reopens the matters that were pending adjudication before October 1, 2024, that were closed by the 2024
legislation. (Section 16.)
The effective date of the bill (other than Section 4, which has an effective date of January 1, 2026) is July 1, 2025.
(Section 17.)
RULEMAKING:
The bill requires the Department of Business and Professional Regulation, by October 1, 2025, to initiate
rulemaking to establish criteria for determining the estimated useful life of the building components that are
subject to SIRS.
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 has an indeterminate impact on state government. Under the bill, Citizens Property Insurance Corporation
(Citizens) is prohibited from issuing policies to condominium associations or unit owners that have failed to
comply with the milestone inspection and SIRS requirements. This will have an indeterminate positive impact on
Citizens, as Citizens will no longer have to insure condominium associations or unit owners that do not have the
necessary reserve funds to undertake appropriate repairs, replacements, or maintenance.
6 S. 710.311, F.S., contain the provisions in Florida’s Homeowners’ Association Act that govern dispute resolutions.
7 S. 31 of ch. 2024-244, Laws of Fla.
7
PRIVATE SECTOR:
The bill has an indeterminate impact on the private sector. Under the bill, Citizens is prohibited from issuing
policies to condominiums or unit owners who do not complete a milestone inspection or SIRS. Because Citizens
provides property insurance to those that are unable to find insurance coverage in the private market, the
condominium associations and unit owners of associations that do not complete a milestone inspection or SIRS will
likely not be able to find property insurance coverage elsewhere. In the event of a natural disaster, those
condominiums could be significantly damaged and not have any recourse for repairing or rebuilding, which could
cause some unit owners to lose their homes.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of Florida Condominiums, Timeshares, and Mobile Homes
The Division of Florida Condominiums, Timeshares, and Mobile Homes (Division), within the Department of
Business and Professional Regulation (DBPR), provides consumer protection for Florida residents living in certain
communities through education, complaint resolution, mediation, and arbitration.8
The Division has regulatory authority over the following business entities and individuals:
Condominium associations;
Cooperative associations;
Mobile home parks;
Timeshares; and
Yacht and ship brokers and salespersons.9
Citizens Property Insurance Corporation
Citizens was created by the Florida Legislature in August 2002 as a non-profit, tax-exempt, government entity to
provide property insurance to eligible Florida property owners unable to find insurance coverage in the private
market.10 Citizens is funded by policyholder premiums; however, Florida law also requires that Citizens levy
assessments on most Florida policyholders if it experiences a deficit in the wake of a particularly devastating storm
or series of storms.11
Citizens operates according to statutory requirements established by the Florida Legislature and is governed by a
board of governors.12 The board administers a Plan of Operation approved by the Florida Financial Services
Commission, an oversight panel made up of the Governor, Chief Financial Officer, Attorney General and
Commissioner of Agriculture.13
Structural Integrity Reserve Studies
A reserve study is a budget-planning tool for condominium associations. Generally, a reserve study consists of the
following two parts: physical analysis and financial analysis.14
8 Department of Business and Professional Regulation, Department Divisions & Offices: Division of Florida Condominiums,
Timeshares, and Mobile Homes, https://www2.myfloridalicense.com/about-us/department-divisions? (last visited February 4,
2025).
9 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes –
Statutes & Rules, https://www2.myfloridalicense.com/condominiums-and-cooperatives/division-of-condominiums-
timeshares-and-mobile-homes-statutes-rules/ (last visited February 4, 2025).
10 Citizens Property Insurance Corporation, About Citizens, https://www.citizensfla.com/who-we-are (last visited Mar. 7,
2025).
11 Id.
12 Id.
13 Id.
14 Cedar Management Group, HOA Reserve Study: Why Does Your Community Need It?,
https://cedarmanagementgroup.com/hoa-reserve-study-community/#what (last visited Mar. 5, 2025); Kevin Leonard and
8
Under Florida law, "structural integrity reserve study" (SIRS) means a study of the reserve funds required for
future major repairs and replacement of the common areas based on a visual inspection of the common areas. A
SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of
the SIRS must be performed or verified by a:15
Licensed engineer;
Licensed architect; or
person certified as a reserve specialist or professional reserve analyst by the Community Associations
Institute or the Association of Professional Reserve Analysts (CAIAPRA).
At a minimum, a SIRS must:16
Identify each item of the condominium property being visually inspected;
State the estimated remaining useful life and the estimated replacement cost or deferred maintenance
expense of each item of the condominium property being visually inspected; and
Provide a reserve funding schedule with a recommended annual reserve amount that achieves the
estimated replacement cost or deferred maintenance expense of each item of condominium property being
visually inspected by the end of the estimated remaining useful life of the item.
The SIRS may recommend for any item for which an estimate of useful life and an estimate of replacement cost
cannot be determined or with an estimated remaining useful life of greater than 25 years:17
That reserves do not need to be maintained; or
A deferred maintenance expense amount for such item.
A condominium or cooperative must have a SIRS completed at least every 10 years after the condominium's or
cooperative’s creation for each building on the condominium or cooperative property that is three stories or
higher in height which includes, at a minimum, a study of the following items as related to the structural integrity
and safety of the building:18
Roof.
Structure, including load-bearing walls and other primary structural members and primary structural
systems.
Fireproofing and fire protection systems.
Plumbing.
Electrical systems.
Waterproofing and exterior painting.
Windows and exterior doors.
Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the
failure to replace or maintain such item negatively affects the items listed above as determined by the
licensed engineer or architect performing the visual inspection portion of the structural integrity reserve
study.
The SIRS requirements do not apply to:19
Buildings less than three stories in height;
Single-family, two-family, or three-family dwellings with three or fewer habitable stories above ground;
Any portion or component of a building that has not been submitted to the condominium form of
ownership; or
Any portion or component of a building that is maintained by a party other than the association.
Robert Nordlund, Understanding Reserves: A guide to your association’s reserve fund & reserve study, 26-29 (1st ed. 2021);
Community Associations Institute, National Reserve Study Standards, https://www.reservestudy.com/wp-
content/uploads/2019/01/NRSS-998-CAI-version-updated-2016.pdf (last visited Mar. 5, 2025).
15 S. 718.112(2)(g)2., F.S.
16 S. 718.112(2)(g)3., F.S.
17 Id.
18 S. 718.112(2)(g)1., F.S.
19 S. 718.112(2)(g)4., F.S.
9
Condominium or cooperative associations existing on or before July 1, 2022, which are controlled by unit owners
other than the developer, must have a SIRS completed by December 31, 2024, for each building on the
condominium or cooperative property that is three stories or higher in height. However, an association that is
required to complete a milestone inspection on or before December 31, 2026, may complete the SIRS
simultaneously with the milestone inspection. In no event may the SIRS be completed after December 31, 2026.20
If a condominium or cooperative association willfully and knowingly fails to complete a SIRS, such failure is a
breach of an officer's and director's fiduciary relationship to the unit owners.21
Before a developer turns over control of an association to unit owners other than the developer, the developer
must have a turnover inspection report for each building on the condominium or cooperative property that is three
stories or higher in height.22
Reserves
Every condominium and cooperative association must have a budget that sets forth the proposed expenditure of
funds for the maintenance, management, and operation of the association. The budget is adopted for a 12-month
period reflecting an association’s fiscal year, and it must provide a detailed listing of the estimated revenues and
expenses that the association reasonably projects for the coming fiscal year. The annual budget is made up of two
parts, the part covering the regular operations of the association and the part covering the cost for capital expenses
and deferred maintenance (reserves).23
Reserves are funds that are set aside for capital expenses and deferred maintenance. Reserves provide funds for
major capital repairs or replacements that are needed intermittently such as replacing a roof. The reserves are
designed to ensure that an association will have the funds when the repairs are needed and will not have to do a
large special assessment.24
The amount of funds that must be placed in reserve is determined by the condominium or cooperative
association’s most recent SIRS. If the amount to be reserved for an item is not in the association’s most recent SIRS
or the association has not completed a SIRS, then the association may use the traditional formula or alternative
formula to determine the amount of funds to reserve.
Current law also requires associations to have and fund reserve accounts for roof replacement, building painting,
pavement resurfacing, and any item for which the deferred maintenance expense or replacement cost is greater
than $10,000.25 There are two methods of calculating these reserves.
The first is the traditional formula, and the second is the alternative formula. The traditional formula takes into
account the estimated deferred maintenance or capital expenditure amount, estimated fund balance, and number
of years remaining until deferred maintenance or a capital expenditure is needed.26
The alternative formula allows associations to maintain a pooled account for multiple reserve assets that are
similar or related.
Waiver of Reserves
For a budget adopted on or after December 1, 2024, a unit-owner controlled association that must obtain a SIRS
may not waive collecting reserves or collect less reserve funds than required for items that are required to be
inspected in a SIRS for an association building that is three stories or higher in height. These items are included in
20 S. 718.112(2)(g)6., F.S.
21 S. 718.112(2)(g)8., F.S.
22 S. 718.112(2)(g)5., F.S.
23 S. 718.112(2)(f), F.S.
24 Id.
25 Id., Rule 61B-76.005(1), F.A.C.
26 Id.; Rules 61B-22.005(3), and 61B-76.005(1), F.A.C.
10
the list provided in s. 718.112(2)(g), F.S., related to structural components. In addition, unit-owner controlled
associations may not use such reserve funds for purposes other than their intended purpose. Associations
operating a multicondominium may provide no reserves or less reserves than required by the SIRS if such
multicondominium uses an alternative funding method27 approved by the Division. This is not applicable to
cooperatives.
For reserves for non-SIRS items, unit owner-controlled associations may waive funding reserves for capital
expenditures and deferred maintenance or provide funds that are less than the required amount by a majority of
the voting interests present at a properly called meeting. The waiver of reserves by the membership is only for the
current year, and a separate vote must be taken each year to waive the reserves or fund less than the required
amount.28
Additionally, under current law, if a local building official29 determines that an entire condominium is
uninhabitable due to a natural emergency, the board, upon the approval of a majority of its members, may pause
the contribution to its reserves or reduce reserve funding until the local building official determines that the
condominium building is habitable.30
Milestone Inspections
Residential condominium buildings that are three or four stories or more in height, as determined by the Florida
Building Code, are required to have a milestone inspection by December 31 of the year in which the building
reaches 30 years of age. However, if a building reaches 30 years of age before July 1, 2022, the initial milestone
inspection must be performed before December 31, 2024. If a building reaches 30 years of age on or after July 1,
2022, and before December 31, 2024, the building’s milestone inspection must be performed before December 31,
2025. The local enforcement agency will provide written notice of the required inspection to the association.31 This
requirement does not apply to a single-family, two-family, or three-family dwelling with three or fewer habitable
stories above ground.32
Amendment to Association Declaration
Unless otherwise provided in the declaration as originally recorded, the Act currently prohibits an amendment to
the declaration from changing the configuration or size of any unit in any material fashion, materially altering or
modifying the appurtenances to the unit, or changing the proportion or percentage by which the unit owner shares
the common expenses of the condominium and owns the common surplus of the condominium, unless the record
owner of the unit and all record owners of liens on the unit join in the execution of the amendment and unless
all the record owners of all other units in the same condominium approve the amendment.33
Subsection (14) of s. 718.110, F.S., provides that, except for those portions of the common elements designed and
intended to be used by all unit owners, a portion of the common elements serving only one unit or a group of units
may be reclassified as a limited common element upon the vote required to amend the declaration as provided
27 “Alternative funding method” is defined as "a method approved by the Division for funding the capital expenditures and
deferred maintenance obligations for a multicondominium association operating at least 25 condominiums which may
reasonably be expected to fully satisfy the association's reserve funding obligations by the allocation of funds in the annual
operating budget.”
28 S. 718.112(2)(f), F.S.; Rule 61B-22.005(8), F.A.C.
29 “Building official” means any of those employees of municipal or county governments, or any person contracted, with
building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration
or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling,
demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical,
electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or
county ordinance. S. 468.603(2), F.S.
30 S. 718.112(2)(f)2.a., F.S.
31 S. 553.899(3), F.S.
32 S. 553.899(4), F.S.
33 S. 718.110(4), F.S.
11
therein or as required under paragraph (1)(a) of s. 718.110, F.S., and is not be considered an amendment to a
declaration.34
Insurance Coverage for Associations
In order to protect the safety, health, and welfare of the people of the state and to ensure consistency in the
provision of insurance coverage to condominiums and their unit owners, subsection (11) of s. 718.111, F.S., applies
to every residential condominium in the state, regardless of the date of its declaration of condominium.35 It is the
intent of the Legislature to encourage lower or stable insurance premiums for associations described in that
subsection.36
Currently, the Act requires that adequate property insurance, regardless of any requirement in the declaration of
condominium for coverage by the association for full insurable value, replacement cost, or similar coverage, must
be based on the replacement cost of the property to be insured as determined by an independent insurance
appraisal or update of a prior appraisal.37 Further, the replacement cost must be determined at least once every 36
months.38
Board of Administration Meetings
Currently, the Act requires that a board of a residential condominium association of more than 10 units must meet
at least once each quarter.39 Additionally, at least four times each year, the meeting agenda must include an
opportunity for members to ask questions of the board.40 Meetings of the board of administration at which a
quorum of the members are present are open to all unit owners.41
The right to attend such meetings includes the right to speak at such meetings with reference to all designated
agenda items, and the right to ask questions relating to:
reports on the status of construction or repair projects,
the status of revenues and expenditures during the current fiscal year, and
other issues affecting the condominium.42
The Act authorizes associations subject to the above requirements to adopt written reasonable rules governing the
frequency, duration, and manner of unit owner statements.43
Requirement to Post Certain Information on Association’s Website
Beginning January 1, 2026, an association managing a condominium with 25 or more units that does not contain
timeshare units must post copies of specified documents on its website, or make such documents available through
an application that can be downloaded on a mobile device.44 The specified documents include, but are not limited
to, the association’s articles of incorporation, declaration, bylaws, and rules.45
Director or Officer Delinquencies
A director or officer more than 90 days delinquent in the payment of any monetary obligation due to the
association is deemed to have abandoned the office, which creates a vacancy in the office to be filled according to
the Act.46
34 S. 710.110(14), F.S.
35 S. 718.111(11), F.S.
36 Id.
37 S. 718.111(11)(a), F.S.
38 Id.
39 S. 718.112(2)(c), F.S.
40 Id.
41 Id.
42 Id.
43 Id.
44 See s. 8 of ch. 2024-244, Laws of Fla., which amends s. 718.111(12)(g), F.S., effective January 1, 2026.
45 Id.
46 S. 718.112(2)(p), F.S.
12
Hurricane Protection
To protect the health, safety, and welfare of the people of the state and to ensure uniformity and consistency in the
hurricane protections installed by condominium associations and unit owners, all residential and mixed-use
condominiums in the state must comply with the Act’s requirements for those hurricane protections.47
Specifically, each board of a residential or mixed-use condominium in the state must adopt hurricane protection
specifications for each building within each condominium operated by the association.48 All specifications adopted
by a board must comply with the applicable building code.49 Further, the board may, with the approval of a
majority of voting interests of the condominium, install or require that unit owners install hurricane protection
that complies with or exceeds the applicable building code.50
Under current law, a unit owner is not responsible for the cost of any removal or reinstallation of hurricane
protection, including exterior windows, doors, or other apertures, if its removal is necessary for the maintenance,
repair, or replacement of other property for which the association is responsible.51
However, the board must still determine if the removal or reinstallation of hurricane protection must be completed
by the unit owner or the association.52 If such removal or reinstallation is completed by the association, the costs
incurred by the association may not be charged to the unit owner.53 Currently, if such removal or reinstallation is
completed by the unit owner, the association must reimburse the unit owner for the cost of the removal or
reinstallation or the association must apply a credit toward future assessments in the amount of the unit owner’s
cost to remove or reinstall the hurricane protection.54
Board’s Authority to Levy Assessments
Prior to levying any special assessment, the special assessment must be approved in accordance with the
condominium association’s governing documents.55 The specific purpose of the special assessment must be set
forth in a written notice of the assessment that is sent or delivered to each unit owner.56
Further, the funds collected pursuant to a special assessment must be used only for the specific purpose set forth in
the notice.57 However, upon completion of such specific purpose, any excess funds will be considered common
surplus, and may, at the discretion of the board, either be returned to the unit owners or applied as a credit toward
future special assessments.58
Written notice of a meeting at which a nonemergency special assessment59 or an amendment to rules regarding
unit use will be considered must be mailed, delivered, or electronically transmitted to the unit owners and posted
conspicuously on the condominium property at least 14 days before the meeting.60 Evidence of compliance with
this 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed
with the official records of the association.61
47 S. 718.113(5), F.S.
48 Id.
49 Id.
50 Id.
51 Id.
52 Id.
53 Id.
54 Id.
55 S. 718.116(10), F.S.
56 Id.
57 Id.
58 Id.
59 Regardless of any provision to the contrary and even if such authority does not specifically appear in an association’s
governing documents, a board of an association may, in response to damage or injury caused by or anticipated in connection
with an emergency, as defined in s. 252.34(4), F.S., for which a state of emergency is declared in the locale in which the
condominium is located, levy special assessments without a vote of the owners. S. 718.1265(1)(l), F.S.
60 S. 718.112(2)(c)1., F.S.
61 Id.
13
Notice of any meeting in which special assessments against unit owners are to be considered must specifically
state that assessments will be considered and provide the estimated cost and description of the purposes for such
assessments.62
Certain Defined Terms in the Act
“Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the
ordinary course of business, but does not include:
An owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own
occupancy;
A cooperative association that creates a condominium by conversion of an existing residential cooperative
after control of the association has been transferred to the unit owners if, following the conversion, the unit
owners are the same persons who were unit owners of the cooperative and no units are offered for sale or
lease to the public as part of the plan of conversion;
A bulk assignee or bulk buyer, as defined below; or
A state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the
declaration of condominium.63
“Bulk assignee” means a person who is not a bulk buyer and who:
Acquires more than seven condominium parcels in a single condominium as set forth in s. 718.707, F.S.;
and
Receives an assignment of any of the developer rights, other than or in addition to the rights that may be
received by a bulk buyer, as set forth in the declaration of condominium or this chapter:
o By a written instrument recorded as part of or as an exhibit to the deed;
o By a separate instrument recorded in the public records of the county in which the condominium is
located; or
o Pursuant to a final judgment or certificate of title issued in favor of a purchaser at a foreclosure
sale.64
“Bulk buyer” means a person who acquires more than seven condominium parcels in a single condominium as set
forth in s. 718.707, F.S., but who does not receive an assignment of any developer rights, or receives only some or
all of the following rights:
The right to conduct sales, leasing, and marketing activities within the condominium;
The right to be exempt from the payment of working capital contributions to the condominium association
arising out of, or in connection with, the bulk buyer’s acquisition of the units; and
The right to be exempt from any rights of first refusal which may be held by the condominium association
and would otherwise be applicable to subsequent transfers of title from the bulk buyer to a third-party
purchaser concerning one or more units.65
Termination of a Condominium
Under the Act, it is against public policy in the state to require condominium operations to continue when doing so
constitutes economic waste or is made impossible by law or regulation.66 Further, the Act provides that it is in the
best interest of the state to provide for termination of a condominium in certain circumstances in order to protect
residents from health and safety hazards created by derelict, damaged, obsolete, or abandoned condominium
properties.67
There are two primary grounds for termination, each governed by its own requirements.
62 S. 718.112(2)(c)3., F.S.
63 S. 718.103(17), F.S.
64 S. 718.703(1), F.S.
65 S. 718.703(2), F.S.
66 S. 718.117(1)(c), F.S.
67 S. 718.117(1)(d), F.S.
14
First, a condominium may be terminated where there is economic waste or impossibility by a plan of termination
approved by the lowest percentage of voting interests necessary to amend the condominium’s declaration or as
otherwise provided in the declaration for approval of termination.68 A condominium may be terminated for
“economic waste” if the total cost of construction or repairs necessary to construct the improvements or restore
the improvements to their former condition or bring them into compliance with applicable laws or regulations
exceeds the combined fair market value of the units in the condominium.69 A condominium may be terminated for
“impossibility” if it becomes impossible to operate or reconstruct a condominium to its prior physical configuration
because of land use laws or regulations.70
Second, a condominium may be terminated at the discretion of the owners.71 Referred to as “optional termination,”
a condominium may be terminated if the termination is approved by at least 80 percent of the total voting interests
of the condominium and no more than five percent of the total voting interests of the condominium reject the
termination.72 The Division must confirm that the termination plan complies with the statutory requirements. If
five percent or more of the total voting interests reject a plan of termination, another plan of optional termination
may not be considered for 24 months after the date of rejection.73
Unless the declaration expressly provides for the allocation of the proceeds of sale of condominium property, the
plan of termination may require separate valuations for the common elements.74 However, in the absence of such
provision, it is presumed that the common elements have no independent value, and that their value is
incorporated into the valuation of the units.75
The plan must identify the termination trustee, usually the association,76 and state the individual interests of each
unit owner in the proceeds from the liquidation of the assets of the condominium upon its termination.77 A copy of
the plan must be provided to every unit owner at least 14 days before the meeting to approve the plan.78
Once the plan has been approved, it must be sent to every unit owner within 30 days of recording the plan with the
clerk of court and to the Division within 90 days of recording the plan.79
Alternative Dispute Resolution
There is an alternative dispute resolution process under the Act for certain disputes between unit owners and
condominium associations. Before initiating court litigation, a party to certain disputes must either petition the
Division for nonbinding arbitration or initiate pre-suit mediation.80 Alternative dispute resolution offers a more
efficient, cost-effective option to court litigation, but alternative dispute resolution should not be used as a
mechanism to encourage the filing of frivolous or nuisance suits.81
Alternative dispute resolution is required for any disagreement between two or more parties that involves:
The authority of the board of directors to require an owner to take any action, or not to take any action,
involving that owner's unit or the appurtenance thereto and the authority of the board of directors to alter
or add to common areas or elements;
68 S. 718.117(2)(a), F.S.
69 S. 718.117(2)(a)1., F.S.
70 S. 718.117(2)(a)2., F.S.
71 S. 718.117(3), F.S.
72 Id.
73 S. 718.117(3)(a)2., F.S.
74 S. 718.117(12)(a), F.S.
75 Id.
76 The association serves as termination trustee unless another person is appointed in the plan of termination. If the
association is unable, unwilling, or fails to act as trustee, any unit owner may petition the court to appoint a trustee. S.
718.117(13), F.S.
77 S. 718.117(10)(c), F.S.
78 S. 718.117(9), F.S.
79 S. 718.117(15), F.S.
80 S. 718.1255(4)(a), F.S.
81 S. 718.1255(3)(b), F.S.
15
The board of directors' failure to:
o Properly conduct elections;
o Give adequate notice of meetings or other actions;
o Properly conduct meetings;
o Provide access to association books and records; and
A plan of termination.82
The Division does not have jurisdiction to arbitrate or mediate disputes that primarily involve:
Title to any unit or common element;
The interpretation or enforcement of any warranty;
The levy of a fee or assessment, or the collection of an assessment levied against a party;
The eviction or other removal of a tenant from a unit;
Alleged breaches of fiduciary duty by one or more directors; or
Claims for damages to a unit based upon the alleged failure of the association to maintain the common
elements or condominium property.83
Recall and election disputes in condominium, cooperative, and homeowners’ associations are not eligible for pre-
suit mediation and must be arbitrated by the Division or filed directly with a court of competent jurisdiction.84
Arbitration is binding on the parties if all parties in arbitration agree to be bound in a writing filed in the
arbitration,85 or if a complaint for a trial de novo is not filed in a court of competent jurisdiction in which the
condominium is located within 30 days after the arbitration decision is rendered.86
The filing fee for a petition to the Division to initiate nonbinding arbitration or pre-suit mediation is $50.87 The
Division employs full-time arbitrators and may certify private attorneys to conduct mandatory nonbinding
arbitration.
The Act also encourages parties to a condominium dispute to participate in voluntary mediation through a Citizen
Dispute Settlement Center.88,89
Electronic Voting
The Act provides that an association may conduct elections and other unit owner votes through an internet-based
online voting system if a unit owner consents, electronically or in writing, to online voting.90 If the association uses
the internet-based voting system, the association must also provide each unit owner with:
A method to authenticate the unit owner’s identity to the online voting system;
For elections of the board, a method to transmit an electronic ballot to the online voting system that
ensures the secrecy and integrity of each ballot; and
A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can
successfully communicate with the online voting system.91
Further, the association must use an online voting system that is:
Able to authenticate the unit owner’s identity;
82 S. 718.1255(1)(a)–(c), F.S.
83 S. 718.1255(1), F.S.
84 S. 718.1255(5), F.S.
85 S. 718.1255(4)(a), F.S.
86 S. 718.1255(4)(k), F.S.
87 S. 718.1255(4)(a), F.S.
88 Under Florida law, the chief judge of a judicial circuit, after consultation with the board of county commissioners of a county
or with two or more boards of county commissioners of counties within the judicial circuit, may establish a Citizen Dispute
Settlement Center for such county or counties, with the approval of the Chief Justice. S. 44.201(1), F.S.
89 S. 718.1255(2), F.S.
90 S. 718.128, F.S.
91 S. 718.128(1), F.S.
16
Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit;
Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote;
For elections of the board of administration, able to permanently separate any authentication or identifying
information from the electronic election ballot, rendering it impossible to tie an election ballot to a specific
unit owner; and
Able to store and keep electronic votes accessible to election officials for recount, inspection, and review
purposes.92
Under the Act, a unit owner that votes electronically pursuant to the provisions above must be counted as being in
attendance at the meeting for purposes of determining a quorum.93 When a quorum is established based on unit
owners voting electronically, a substantive vote of the unit owners may not be taken on any issue other than the
issues specifically identified in the electronic vote.94
Insured Warranty Programs
Currently, the Act allows residential condominiums to be covered by an insured warranty program that is
underwritten by a licensed insurance company registered in Florida, provided that such warranty program meets
the minimum requirements of the Act.95 To the extent that the warranty does not meet the minimum requirements
of the Act, the minimum requirements apply.96
Transfer of Association Control
Under the Act, if unit owners other than the developer own 15 percent or more of the units in a condominium that
will ultimately be operated by an association, the unit owners other than the developer are entitled to elect at least
one-third of the members of the association’s board of administration.97
Additionally, upon the first to occur of the events described in paragraphs (a) through (g) below, unit owners
(other than the developer) are entitled to elect at least a majority of the members of the association’s board:
(a) Three years after 50 percent of the units that will be operated ultimately by the association have been
conveyed to purchasers;
(b) Three months after 90 percent of the units that will be operated ultimately by the association have been
conveyed to purchasers;
(c) When all the units that will ultimately be operated by the association have been completed, some of them
have been conveyed to purchasers, and none of the others are being offered for sale by the developer in the
ordinary course of business;
(d) When some of the units have been conveyed to purchasers and none of the others are being constructed or
offered for sale by the developer in the ordinary course of business;
(e) When the developer files a petition seeking protection in bankruptcy;
(f) When a receiver for the developer is appointed by a circuit court and is not discharged within 30 days after
such appointment, unless the court determines within 30 days after appointment of the receiver that
transfer of control would be detrimental to the association or its members; or
(g) Seven years after the date of the recording of the certificate of a surveyor and mapper pursuant to s.
718.104(4)(e), F.S., or the recording of an instrument that transfers title to a unit in the condominium
which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit,
whichever occurs first.98,99
92 S. 718.128(2), F.S.
93 S. 718.128(3), F.S.
94 Id.
95 S. 718.203(7), F.S.
96 Id.
97 S. 718.301(1), F.S.
98 For cases that involve an association that may ultimately operate more than one condominium, or cases that involve an
association operating a phrase condominium created pursuant to s. 718.403, F.S., see s. 718.301(1)(g), F.S.
99 S. 718.301(1)(a)–(g), F.S.
17
Agreements Entered into By the Association
The Act requires that any grant or reservation made by a declaration, lease, or other document, and any contract
made by an association prior to assumption of control of the association by the unit owners (other than the
developer), that provides for operation, maintenance, or management of an association or property serving the
unit owners, must be fair and reasonable.100
Such grant, reservation, or contract may be canceled by unit owners (other than the developer) in the following
manner:
If the association operates only one condominium and the unit owners (other than the developer) have
assumed control of the association, or if unit owners (other than the developer) own not less than 75
percent of the voting interests in the condominium, the cancellation must be by concurrence of the owners
of not less than 75 percent of the voting interests other than the voting interests owned by the developer.101
If the association operates more than one condominium and the unit owners (other than the developer)
have not assumed control of the association, and if unit owners other than the developer own at least 75
percent of the voting interests in a condominium operated by the association, any grant, reservation, or
contract for maintenance, management, or operation of buildings containing the units in that condominium
or of improvements used only by unit owners of that condominium may be canceled by concurrence of the
owners of at least 75 percent of the voting interests in the condominium other than the voting interests
owned by the developer.102
Further, if an association operates more than one condominium and its unit owners (other than the developer)
have assumed control of the association, the cancellation must be by concurrence of the owners of not less than 75
percent of the total number of voting interests in all condominiums operated by the association (other than the
voting interests owned by the developer).103
Condominiums Created Within a Portion of a Building
Under the Act, a condominium may be created within a portion of a building or within a multiple parcel
building.104,105 The common elements of a condominium created as such are only those portions of the building that
are submitted to the condominium form of ownership, excluding the units of that condominium.106
The declaration that creates a condominium within a portion of a building or within a multiple parcel building, the
recorded instrument that creates the multiple parcel building, and any other recorded instrument applicable to s.
718.407, F.S., must specify all of the following:
The portions of the building which are included in the condominium and the portions that are excluded.
The party responsible for maintaining and operating those portions of the building which are shared
100 S. 718.302(1), F.S.
101 If a grant, reservation, or contract is so canceled and the unit owners other than the developer have not assumed control of
the association, the association shall make a new contract or otherwise provide for maintenance, management, or operation in
lieu of the canceled obligation, at the direction of the owners of not less than a majority of the voting interests in the
condominium other than the voting interests owned by the developer. S. 718.302(1)(a), F.S.
102 No grant, reservation, or contract for maintenance, management, or operation of recreational areas or any other property
serving more than one condominium, and operated by more than one association, may be canceled. However, if the owners of
units in a condominium have the right to use property in common with owners of units in other condominiums and those
condominiums are operated by more than one association, no grant, reservation, or contract for maintenance, management, or
operation of the property serving more than one condominium may be canceled until unit owners other than the developer
have assumed control of all of the associations operating the condominiums that are to be served by the recreational area or
other property, after which cancellation may be effected by concurrence of the owners of not less than 75 percent of the total
number of voting interests in those condominiums other than voting interests owned by the developer. Ss. 718.302(1)(a), and
(d), F.S.
103 S. 718.302(1)(c), F.S.
104 A “multiple parcel building” is a building, other than a building consisting entirely of a single condominium, timeshare, or
cooperative, which contains separate parcels that are vertically located, in whole or in part, on or over the same land. S.
193.0237(1)(a), F.S.
105 S. 718.407(1), F.S.
106 S. 718.407(2), F.S.
18
facilities, including, but not limited to, the roof, the exterior of the building, the windows, the balconies, the
elevators, the building lobby, the corridors, the recreational amenities, and the utilities.
The party responsible for collecting the shared expenses.
The rights and remedies that are available to enforce payment of the shared expenses.107
Notably, the documents must also specify the manner in which the expenses for the maintenance and operation of
the shared facilities will be apportioned.108 An owner of a portion of a building which is not submitted to the
condominium form of ownership or the condominium association, as applicable to the portion of the building
submitted to the condominium form of ownership, must approve any increase to the apportionment of expenses to
such portion of the building.109
The apportionment of the expenses for the maintenance and operation of the shared facilities may be based on any
of the following criteria or any combination thereof:110
The area or volume of each portion of the building in relation to the total area or volume of the entire
building, exclusive of the shared facilities.
The initial estimated market value of each portion of the building in comparison to the total initial
estimated market value of the entire building.
The extent to which the unit owners are permitted to use various shared facilities.111
Developer and Non-Developer Disclosures
The Act requires that developers112 and non-developer unit owners make certain disclosures prior to the sale of a
residential condominium unit.113 Among the required disclosures for developers are the milestone inspection
report, the turnover inspection report, and the SIRS report.114 Likewise, if a condominium association is required to
have any of the reports but has not completed them, the developer is required to disclose the non-compliance.115
A unit owner who is not a developer must also comply with the Act’s disclosure requirements before the sale of his
or her unit.116 Each prospective purchaser who has entered into a contract for the purchase of a unit is entitled, at
107 Ss. 718.407(3)(a), (b), (d), and (e), F.S.
108 S. 718.407(3)(c)1., F.S.
109 Id.
110 An alternative apportionment of expenses is not precluded under the Act as long as such apportionment is stated in the
declaration of condominium, the recorded instrument that creates the multiple parcel building, or any other applicable
recorded instrument. S. 718.407(3)(c)2., F.S.
111 S. 718.407(3)(c)1.a.–c., F.S.
112 “Developer” means a person who creates a condominium or offers condominium parcels for sale or lease in the ordinary
course of business, but does not include:
(a) an owner or lessee of a condominium or cooperative unit who has acquired the unit for his or her own occupancy;
(b) a cooperative association that creates a condominium by conversion of an existing residential cooperative after
control of the association has been transferred to the unit owners if, following the conversion, the unit owners are the
same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part
of the plan of conversion;
(c) a bulk assignee or bulk buyer as defined in s. 718.703, F.S., or
(d) a state, county, or municipal entity acting as a lessor and not otherwise named as a developer in the declaration of
condominium. S. 718.103(17), F.S.
113 See s. 718.503, F.S.
114 S. 718.503(1)(d), F.S.
115 Id.
116 S. 718.503(2)(a), F.S.
19
the seller’s expense, to a current copy of all of the following:
The declaration of condominium;
The articles of incorporation of the association;
The bylaws and rules of the association;
An annual financial statement and annual budget of the association;
A copy of the inspector-prepared summary of the milestone inspection report, if applicable;
The association’s most recent SIRS or a statement that the association has not completed a SIRS;
A copy of the inspection report for a turnover inspection performed on or after July 1, 2023; and
The document entitled “Frequently Asked Questions and Answers” required by s. 718.504, F.S.117
Section 31 of Ch. 2024-244, Laws of Fla.
The amendments made to ss. 718.103(14), and 718.202(3), and s. 718.407(1), (2), and (6), F.S., F.S., which were
made by s. 31 of ch. 2024-244, Laws of Fla., were intended to clarify existing law and were required to be applied
retroactively. Currently, s. 31 of ch. 2024-244, Laws of Fla., provides that such amendments do not revive or
reinstate any right or interest that has been fully and finally adjudicated as invalid before October 1, 2024.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/CS/HB Lopez, V. Bradley The 2024 legislation for
1021 condominium and cooperative
associations.
2023 CS/CS/HB 1395 Lopez, V. Bradley The 2023 legislation for
condominium and cooperative
associations.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 18 Y, 0 N, As CS 3/11/2025 Curtin Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE Required an association to post on its website the adopted minutes of
COMMITTEE: all meetings of the association for the preceding 7 years (This change
will not go into effect until January 1, 2026.)
Allowed a board to pause contributions to its reserves, without
obtaining the prior approval of a majority of its members, if a local
building official determines that a condominium building is
uninhabitable.
Clarified that certain amendments that were made to Florida’s
Condominium Act in 2024 do not retroactively apply to any right or
interest in a matter pending adjudication before October 1, 2024.
Commerce Committee Hamon Fletcher
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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117 S. 718.503(2)(a)1.–8., F.S.
20
21
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 913 2025
1 A bill to be entitled
2 An act relating to condominium associations; amending
3 s. 627.351, F.S.; prohibiting Citizens Property
4 Insurance Corporation from issuing or renewing
5 insurance policies to unit owners or associations
6 under certain circumstances; amending s. 718.110,
7 F.S.; providing that the declaration of a
8 nonresidential condominium may be amended to change
9 certain provisions if all affected record owners join
10 in the execution of such amendment; requiring certain
11 documents to be served at a unit owner's address as
12 reflected in the association's official records;
13 amending s. 718.111, F.S.; requiring, rather than
14 authorizing, an association to provide adequate
15 insurance coverage; revising the requisite intent
16 necessary for criminal penalties; requiring
17 associations to maintain the most recent annual
18 financial statement and annual budget on the
19 condominium property; removing the requirement for an
20 association to provide a unit owner specified notice
21 that the most updated financial report will be
22 provided to the unit owner upon request; providing
23 legislative findings; authorizing the board of an
24 association to levy special assessments and obtain
25 loans for certain purposes without approval of the
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26 membership; providing applicability; requiring an
27 association to post the adopted minutes of certain
28 meetings on the association's website or application;
29 amending s. 718.112, F.S.; authorizing an association
30 to adopt written reasonable rules governing unit owner
31 questions at a meeting; authorizing an association
32 operating a nonresidential condominium to provide for
33 different voting and election procedures; authorizing
34 the board of an association to pause or reduce
35 contributions to its reserves without requiring
36 approval from the members of the association;
37 authorizing a majority of the total voting interests
38 of certain associations to approve the provision of a
39 specified line of credit to be used for certain
40 purposes; authorizing an association's reserve
41 accounts to be pooled; specifying that a conflict of
42 interest exists if the person conducting a structural
43 integrity reserve study or milestone inspection
44 provides or contracts to provide repair or replacement
45 services on certain property; revising applicability;
46 requiring the Department of Business and Professional
47 Regulation to initiate rulemaking by a specified date
48 for a certain purpose; prohibiting the suspension of a
49 voting interest of a condominium when voting to recall
50 a member of the board of administration; prohibiting
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51 any prior suspension of voting rights from having any
52 effect; removing certain provisions relating to the
53 method for recalling members of the board; requiring
54 that a recall agreement be served on the association
55 by registered mail, rather than by certified mail or
56 by personal service; providing that service must be
57 provided in a specified manner to be valid; providing
58 that a rejection of a unit owner's recall agreement
59 applies under certain circumstances; providing that
60 there is a rebuttable presumption that a unit owner
61 executing a recall agreement is the designated voter
62 for the unit; prohibiting an association from
63 enforcing a voting certificate requirement under
64 certain circumstances; requiring that a rescission or
65 revocation of a unit owner's recall agreement be in
66 writing and delivered to the association before an
67 association is served with the written recall
68 agreement; providing construction; revising the
69 timeframe in which a certain petition or action must
70 be filed; requiring that an association be named as
71 the respondent in such petition or action; revising
72 the timeframe in which the Division of Florida
73 Condominiums, Timeshares, and Mobile Homes or a court
74 may not accept a recall petition or a court action;
75 providing that a director or an officer is delinquent
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76 if payment is not made by a specified due date
77 identified in the declarations, bylaws, or articles of
78 incorporation; providing that a payment is delinquent
79 on the first day of the assessment period if no
80 specified due date is in the declarations, bylaws, or
81 articles of incorporation; amending s. 718.113, F.S.;
82 requiring the board to determine whose responsibility
83 it is to pay for removal or reinstallation of
84 hurricane protection; removing authorization for an
85 association to enforce and collect certain charges as
86 assessments; amending s. 718.116, F.S.; providing
87 legislative findings; authorizing the board of an
88 association to levy special assessments for certain
89 purposes without approval of the membership; providing
90 applicability; amending s. 718.117, F.S.; authorizing
91 termination of a condominium if the estimated costs of
92 replacement, in addition to certain construction or
93 repair costs, exceed the estimated fair market value
94 of the units; requiring approval for termination of a
95 condominium by a specified percentage of the voting
96 interests under certain circumstances; removing
97 provision prohibiting a plan of termination if a
98 certain percentage of the total voting interests
99 reject the plan; specifying how members can reject a
100 plan of termination; providing that certain provisions
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101 relating to a plan of termination apply to residential
102 condominiums only; requiring a plan of termination to
103 be approved by the division; authorizing condominiums
104 to amend their declarations by a specified vote to
105 include certain provisions of statutory law; providing
106 additional reasons a unit owner or lienor can contest
107 the apportionment of proceed from a sale of the
108 condominium; amending s. 718.1255, F.S.; providing
109 requirements for bringing an action to challenge an
110 election or a recall; authorizing certain persons to
111 file a notice of removal and complaint in circuit
112 court within a specified timeframe after service of a
113 petition to arbitrate an election or recall disputes;
114 barring actions that are not timely filed and
115 rendering the arbitration decision final; providing
116 requirements for filing a notice of removal and
117 complaint and bringing an action to challenge the
118 arbitration decision; specifying the sole method in
119 which the division or court may award costs and
120 attorney fees in a dispute involving the recall of a
121 director; amending s. 718.128, F.S.; removing a
122 requirement for written notice of certain meetings;
123 requiring, after a specified percentage of voting
124 interests adopts a resolution, a board to hold a
125 meeting within a certain timeframe; requiring a board
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126 to receive a petition to adopt a resolution within a
127 certain timeframe; requiring an association to have a
128 designated e-mail address for receipt of ballots
129 transmitted electronically; providing requirements for
130 electronically transmitting a ballot; providing a
131 presumption; amending s. 718.203, F.S.; providing that
132 all condominiums, not just residential, can be covered
133 by an insured warranty program; amending s. 718.301,
134 F.S.; providing that certain provisions of law
135 relating to transfer of control of an association do
136 not apply to certain residential condominiums
137 beginning on a specified date; amending s. 718.302,
138 F.S.; providing that if unit owners own a specified
139 percentage of voting interests in certain condominiums
140 that certain agreements may be cancelled by the unit
141 owners; amending s. 718.407, F.S.; requiring that a
142 specified report be provided to an association within
143 a certain amount of time after the end of the fiscal
144 year; requiring copies of receipts and invoices be
145 included with the report; authorizing an association
146 to challenge the apportionment of certain costs of the
147 shared facilities within a certain amount of time;
148 providing construction; amending s. 718.503, F.S.;
149 requiring a developer or unit owner to provide one
150 notice, instead of two, to a buyer before the sale of
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151 a unit; requiring a unit owner to provide the most
152 recent annual financial statement and annual budget to
153 a buyer before the sale of a unit; amending ch. 2024-
154 244, Laws of Florida; providing that certain
155 amendments that were made to the Condominium Act do
156 not revive, reinstate, or retroactively apply to a
157 right or interest of a condominium unit owner or
158 condominium association in a matter pending
159 adjudication before a specified date; providing
160 effective dates.
161
162 Be It Enacted by the Legislature of the State of Florida:
163
164 Section 1. Paragraph (a) of subsection (6) of section
165 627.351, Florida Statutes, is amended to read:
166 627.351 Insurance risk apportionment plans.—
167 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
168 (a) The public purpose of this subsection is to ensure
169 that there is an orderly market for property insurance for
170 residents and businesses of this state.
171 1. The Legislature finds that private insurers are
172 unwilling or unable to provide affordable property insurance
173 coverage in this state to the extent sought and needed. The
174 absence of affordable property insurance threatens the public
175 health, safety, and welfare and likewise threatens the economic
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176 health of the state. The state therefore has a compelling public
177 interest and a public purpose to assist in assuring that
178 property in the state is insured and that it is insured at
179 affordable rates so as to facilitate the remediation,
180 reconstruction, and replacement of damaged or destroyed property
181 in order to reduce or avoid the negative effects otherwise
182 resulting to the public health, safety, and welfare, to the
183 economy of the state, and to the revenues of the state and local
184 governments which are needed to provide for the public welfare.
185 It is necessary, therefore, to provide affordable property
186 insurance to applicants who are in good faith entitled to
187 procure insurance through the voluntary market but are unable to
188 do so. The Legislature intends, therefore, that affordable
189 property insurance be provided and that it continue to be
190 provided, as long as necessary, through Citizens Property
191 Insurance Corporation, a government entity that is an integral
192 part of the state, and that is not a private insurance company.
193 To that end, the corporation shall strive to increase the
194 availability of affordable property insurance in this state,
195 while achieving efficiencies and economies, and while providing
196 service to policyholders, applicants, and agents which is no
197 less than the quality generally provided in the voluntary
198 market, for the achievement of the foregoing public purposes.
199 Because it is essential for this government entity to have the
200 maximum financial resources to pay claims following a
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201 catastrophic hurricane, it is the intent of the Legislature that
202 the corporation continue to be an integral part of the state and
203 that the income of the corporation be exempt from federal income
204 taxation and that interest on the debt obligations issued by the
205 corporation be exempt from federal income taxation.
206 2. The Residential Property and Casualty Joint
207 Underwriting Association originally created by this statute
208 shall be known as the Citizens Property Insurance Corporation.
209 The corporation shall provide insurance for residential and
210 commercial property, for applicants who are entitled, but, in
211 good faith, are unable to procure insurance through the
212 voluntary market. The corporation shall operate pursuant to a
213 plan of operation approved by order of the Financial Services
214 Commission. The plan is subject to continuous review by the
215 commission. The commission may, by order, withdraw approval of
216 all or part of a plan if the commission determines that
217 conditions have changed since approval was granted and that the
218 purposes of the plan require changes in the plan. For the
219 purposes of this subsection, residential coverage includes both
220 personal lines residential coverage, which consists of the type
221 of coverage provided by homeowner, mobile home owner, dwelling,
222 tenant, condominium unit owner, and similar policies; and
223 commercial lines residential coverage, which consists of the
224 type of coverage provided by condominium association, apartment
225 building, and similar policies.
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226 3. With respect to coverage for personal lines residential
227 structures:
228 a. Effective January 1, 2017, a structure that has a
229 dwelling replacement cost of $700,000 or more, or a single
230 condominium unit that has a combined dwelling and contents
231 replacement cost of $700,000 or more, is not eligible for
232 coverage by the corporation.
233 b. The requirements of sub-subparagraph a. do not apply in
234 counties where the office determines there is not a reasonable
235 degree of competition. In such counties a personal lines
236 residential structure that has a dwelling replacement cost of
237 less than $1 million, or a single condominium unit that has a
238 combined dwelling and contents replacement cost of less than $1
239 million, is eligible for coverage by the corporation.
240 4. It is the intent of the Legislature that policyholders,
241 applicants, and agents of the corporation receive service and
242 treatment of the highest possible level but never less than that
243 generally provided in the voluntary market. It is also intended
244 that the corporation be held to service standards no less than
245 those applied to insurers in the voluntary market by the office
246 with respect to responsiveness, timeliness, customer courtesy,
247 and overall dealings with policyholders, applicants, or agents
248 of the corporation.
249 5.a. Effective January 1, 2009, a personal lines
250 residential structure that is located in the "wind-borne debris
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251 region," as defined in s. 1609.2, International Building Code
252 (2006), and that has an insured value on the structure of
253 $750,000 or more is not eligible for coverage by the corporation
254 unless the structure has opening protections as required under
255 the Florida Building Code for a newly constructed residential
256 structure in that area. A residential structure is deemed to
257 comply with this sub-subparagraph if it has shutters or opening
258 protections on all openings and if such opening protections
259 complied with the Florida Building Code at the time they were
260 installed.
261 b. Any major structure, as defined in s. 161.54(6)(a),
262 that is newly constructed, or rebuilt, repaired, restored, or
263 remodeled to increase the total square footage of finished area
264 by more than 25 percent, pursuant to a permit applied for after
265 July 1, 2015, is not eligible for coverage by the corporation if
266 the structure is seaward of the coastal construction control
267 line established pursuant to s. 161.053 or is within the Coastal
268 Barrier Resources System as designated by 16 U.S.C. ss. 3501-
269 3510.
270 6. With respect to wind-only coverage for commercial lines
271 residential condominiums, effective July 1, 2014, a condominium
272 shall be deemed ineligible for coverage if 50 percent or more of
273 the units are rented more than eight times in a calendar year
274 for a rental agreement period of less than 30 days.
275 7. The corporation may not issue or renew an insurance
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276 policy for a condominium unit owner or a condominium association
277 unless the condominium association has complied with the
278 inspection requirements in ss. 553.899 and 718.112(2)(g).
279 Section 2. Subsections (4) and (10) of section 718.110,
280 Florida Statutes, are amended to read:
281 718.110 Amendment of declaration; correction of error or
282 omission in declaration by circuit court.—
283 (4)(a) Subject to paragraph (b), unless otherwise provided
284 in the declaration as originally recorded, an no amendment may
285 not change the configuration or size of any unit in any material
286 fashion, materially alter or modify the appurtenances to the
287 unit, or change the proportion or percentage by which the unit
288 owner shares the common expenses of the condominium and owns the
289 common surplus of the condominium unless the record owner of the
290 unit and all record owners of liens on the unit join in the
291 execution of the amendment and unless all the record owners of
292 all other units in the same condominium approve the amendment.
293 The acquisition of property by the association and material
294 alterations or substantial additions to such property or the
295 common elements by the association in accordance with s.
296 718.111(7) or s. 718.113, and amendments providing for the
297 transfer of use rights in limited common elements pursuant to s.
298 718.106(2)(b) may not be considered shall not be deemed to
299 constitute a material alteration or modification of the
300 appurtenances to the units. Except as provided in paragraph (b),
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301 a declaration recorded after April 1, 1992, may not require the
302 approval of less than a majority of total voting interests of
303 the condominium for amendments under this subsection, unless
304 otherwise required by a governmental entity.
305 (b) Notwithstanding subsection (14), the declaration of a
306 nonresidential condominium formed on or after July 1, 2025, may
307 be amended to change the configuration or size of a unit in any
308 material fashion, materially alter or modify the appurtenances
309 to the unit, or change the proportion or percentage by which the
310 unit owner shares the common expenses of the condominium and
311 owns the common surplus of the condominium, if the record owners
312 of all affected units and all record owners of liens on the
313 affected units join in the execution of the amendment. The
314 approval of the record owners of the nonaffected units in such
315 condominium is not required.
316 (10) If there is an omission or error in a declaration of
317 condominium, or any other document required to establish the
318 condominium, and the omission or error would affect the valid
319 existence of the condominium, the circuit court may entertain a
320 petition of one or more of the unit owners in the condominium,
321 or of the association, to correct the error or omission, and the
322 action may be a class action. The court may require that one or
323 more methods of correcting the error or omission be submitted to
324 the unit owners to determine the most acceptable correction. All
325 unit owners, the association, and the mortgagees of a first
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326 mortgage of record must be joined as parties to the action.
327 Service of process on unit owners may be by publication, but the
328 plaintiff must furnish every unit owner not personally served
329 with process with a copy of the petition and final decree of the
330 court by certified mail, return receipt requested, at the unit
331 owner's last known residence address as reflected in the
332 association's official records. If an action to determine
333 whether the declaration or another condominium document complies
334 with the mandatory requirements for the formation of a
335 condominium is not brought within 3 years of the recording of
336 the certificate of a surveyor and mapper pursuant to s.
337 718.104(4)(e) or the recording of an instrument that transfers
338 title to a unit in the condominium which is not accompanied by a
339 recorded assignment of developer rights in favor of the grantee
340 of such unit, whichever occurs first, the declaration and other
341 documents will effectively create a condominium, as of the date
342 the declaration was recorded, regardless of whether the
343 documents substantially comply with the mandatory requirements
344 of law. However, both before and after the expiration of this 3-
345 year period, the circuit court has jurisdiction to entertain a
346 petition permitted under this subsection for the correction of
347 the documentation, and other methods of amendment may be
348 utilized to correct the errors or omissions at any time.
349 Section 3. Paragraph (a) of subsection (11), paragraphs
350 (a) and (c) of subsection (12), and subsection (13) of section
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351 718.111, Florida Statutes, are amended, and subsection (16) is
352 added to that section, to read:
353 718.111 The association.—
354 (11) INSURANCE.—In order to protect the safety, health,
355 and welfare of the people of the State of Florida and to ensure
356 consistency in the provision of insurance coverage to
357 condominiums and their unit owners, this subsection applies to
358 every residential condominium in the state, regardless of the
359 date of its declaration of condominium. It is the intent of the
360 Legislature to encourage lower or stable insurance premiums for
361 associations described in this subsection.
362 (a) Every condominium association must provide adequate
363 property insurance as determined under this paragraph,
364 regardless of any requirement in the declaration of condominium
365 for certain coverage by the association for full insurable
366 value, replacement cost, or similar coverage, must be based on
367 the replacement cost of the property to be insured as determined
368 by an independent insurance appraisal or update of a prior
369 appraisal. The replacement cost must be determined at least once
370 every 36 months.
371 1. An association or group of associations may provide
372 adequate property insurance through a self-insurance fund that
373 complies with the requirements of ss. 624.460-624.488.
374 2. The amount of adequate insurance coverage for full
375 insurable value, replacement cost, or similar coverage may be
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376 based on the replacement cost of the property to be insured as
377 determined by an independent insurance appraisal or update of a
378 previous appraisal. The replacement cost of property covered
379 must be determined every 3 years, at a minimum.
380 3.2. The association's obligation to obtain and
381 association may also provide adequate property insurance
382 coverage for a group of at least three communities created and
383 operating under this chapter, chapter 719, chapter 720, or
384 chapter 721 may be satisfied by obtaining and maintaining for
385 such communities insurance coverage sufficient to cover an
386 amount equal to the probable maximum loss for the communities
387 for a 250-year windstorm event.
388 a. Such probable maximum loss must be determined through
389 the use of a competent model that has been accepted by the
390 Florida Commission on Hurricane Loss Projection Methodology.
391 b. A policy or program providing such coverage may not be
392 issued or renewed after July 1, 2008, unless it has been
393 reviewed and approved by the Office of Insurance Regulation. The
394 review and approval must include approval of the policy and
395 related forms pursuant to ss. 627.410 and 627.411, approval of
396 the rates pursuant to s. 627.062, a determination that the loss
397 model approved by the commission was accurately and
398 appropriately applied to the insured structures to determine the
399 250-year probable maximum loss, and a determination that
400 complete and accurate disclosure of all material provisions is
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401 provided to condominium unit owners before execution of the
402 agreement by a condominium association.
403 4.3. When determining the adequate amount of property
404 insurance coverage, the association may consider deductibles as
405 determined by this subsection.
406 (12) OFFICIAL RECORDS.—
407 (a) From the inception of the association, the association
408 shall maintain each of the following items, if applicable, which
409 constitutes the official records of the association:
410 1. A copy of the plans, permits, warranties, and other
411 items provided by the developer under s. 718.301(4).
412 2. A photocopy of the recorded declaration of condominium
413 of each condominium operated by the association and each
414 amendment to each declaration.
415 3. A photocopy of the recorded bylaws of the association
416 and each amendment to the bylaws.
417 4. A certified copy of the articles of incorporation of
418 the association, or other documents creating the association,
419 and each amendment thereto.
420 5. A copy of the current rules of the association.
421 6. A book or books that contain the minutes of all
422 meetings of the association, the board of administration, and
423 the unit owners.
424 7. A current roster of all unit owners and their mailing
425 addresses, unit identifications, voting certifications, and, if
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426 known, telephone numbers. The association shall also maintain
427 the e-mail addresses and facsimile numbers of unit owners
428 consenting to receive notice by electronic transmission. In
429 accordance with sub-subparagraph (c)4.e. (c)5.e., the e-mail
430 addresses and facsimile numbers are only accessible to unit
431 owners if consent to receive notice by electronic transmission
432 is provided, or if the unit owner has expressly indicated that
433 such personal information can be shared with other unit owners
434 and the unit owner has not provided the association with a
435 request to opt out of such dissemination with other unit owners.
436 An association must ensure that the e-mail addresses and
437 facsimile numbers are only used for the business operation of
438 the association and may not be sold or shared with outside third
439 parties. If such personal information is included in documents
440 that are released to third parties, other than unit owners, the
441 association must redact such personal information before the
442 document is disseminated. However, the association is not liable
443 for an inadvertent disclosure of the e-mail address or facsimile
444 number for receiving electronic transmission of notices unless
445 such disclosure was made with a knowing or intentional disregard
446 of the protected nature of such information.
447 8. All current insurance policies of the association and
448 condominiums operated by the association.
449 9. A current copy of any management agreement, lease, or
450 other contract to which the association is a party or under
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451 which the association or the unit owners have an obligation or
452 responsibility.
453 10. Bills of sale or transfer for all property owned by
454 the association.
455 11. Accounting records for the association and separate
456 accounting records for each condominium that the association
457 operates. Any person who knowingly or intentionally defaces or
458 destroys such records, or who knowingly or intentionally fails
459 to create or maintain such records, with the intent of causing
460 harm to the association or one or more of its members, is
461 personally subject to a civil penalty pursuant to s.
462 718.501(1)(e). The accounting records must include, but are not
463 limited to:
464 a. Accurate, itemized, and detailed records of all
465 receipts and expenditures.
466 b. All invoices, transaction receipts, or deposit slips
467 that substantiate any receipt or expenditure of funds by the
468 association.
469 c. A current account and a monthly, bimonthly, or
470 quarterly statement of the account for each unit designating the
471 name of the unit owner, the due date and amount of each
472 assessment, the amount paid on the account, and the balance due.
473 d. All audits, reviews, accounting statements, structural
474 integrity reserve studies, and financial reports of the
475 association or condominium. Structural integrity reserve studies
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476 must be maintained for at least 15 years after the study is
477 completed.
478 e. All contracts for work to be performed. Bids for work
479 to be performed are also considered official records and must be
480 maintained by the association for at least 1 year after receipt
481 of the bid.
482 12. Ballots, sign-in sheets, voting proxies, and all other
483 papers and electronic records relating to voting by unit owners,
484 which must be maintained for 1 year from the date of the
485 election, vote, or meeting to which the document relates,
486 notwithstanding paragraph (b).
487 13. All rental records if the association is acting as
488 agent for the rental of condominium units.
489 14. A copy of the current question and answer sheet as
490 described in s. 718.504.
491 15. A copy of the inspection reports described in ss.
492 553.899 and 718.301(4)(p) and any other inspection report
493 relating to a structural or life safety inspection of
494 condominium property. Such record must be maintained by the
495 association for 15 years after receipt of the report.
496 16. Bids for materials, equipment, or services.
497 17. All affirmative acknowledgments made pursuant to s.
498 718.121(4)(c).
499 18. A copy of all building permits.
500 19. A copy of all satisfactorily completed board member
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501 educational certificates.
502 20. All other written records of the association not
503 specifically included in the foregoing which are related to the
504 operation of the association.
505 (c)1.a. The official records of the association are open
506 to inspection by any association member and any person
507 authorized by an association member as a representative of such
508 member at all reasonable times. The right to inspect the records
509 includes the right to make or obtain copies, at the reasonable
510 expense, if any, of the member and of the person authorized by
511 the association member as a representative of such member. A
512 renter of a unit has a right to inspect and copy only the
513 declaration of condominium, the association's bylaws and rules,
514 and the inspection reports described in ss. 553.899 and
515 718.301(4)(p). The association may adopt reasonable rules
516 regarding the frequency, time, location, notice, and manner of
517 record inspections and copying but may not require a member to
518 demonstrate any purpose or state any reason for the inspection.
519 The failure of an association to provide the records within 10
520 working days after receipt of a written request creates a
521 rebuttable presumption that the association willfully failed to
522 comply with this paragraph. A unit owner who is denied access to
523 official records is entitled to the actual damages or minimum
524 damages for the association's willful failure to comply. Minimum
525 damages are $50 per calendar day for up to 10 days, beginning on
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526 the 11th working day after receipt of the written request. The
527 failure to permit inspection entitles any person prevailing in
528 an enforcement action to recover reasonable attorney fees from
529 the person in control of the records who, directly or
530 indirectly, knowingly denied access to the records. If the
531 requested records are posted on an association's website, or are
532 available for download through an application on a mobile
533 device, the association may fulfill its obligations under this
534 paragraph by directing to the website or the application all
535 persons authorized to request access.
536 b. In response to a written request to inspect records,
537 the association must simultaneously provide to the requestor a
538 checklist of all records made available for inspection and
539 copying. The checklist must also identify any of the
540 association's official records that were not made available to
541 the requestor. An association must maintain a checklist provided
542 under this sub-subparagraph for 7 years. An association
543 delivering a checklist pursuant to this sub-subparagraph creates
544 a rebuttable presumption that the association has complied with
545 this paragraph.
546 2. A director or member of the board or association or a
547 community association manager who knowingly and, willfully or
548 intentionally, and repeatedly violates subparagraph 1. commits a
549 misdemeanor of the second degree, punishable as provided in s.
550 775.082 or s. 775.083, and must be removed from office and a
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551 vacancy declared. For purposes of this subparagraph, the term
552 "repeatedly" means two or more violations within a 12-month
553 period.
554 3. Any person who willfully and knowingly or intentionally
555 defaces or destroys accounting records that are required by this
556 chapter to be maintained during the period for which such
557 records are required to be maintained, or who willfully and
558 knowingly or intentionally fails to create or maintain
559 accounting records that are required to be created or
560 maintained, with the intent of causing harm to the association
561 or one or more of its members, commits a misdemeanor of the
562 first degree, punishable as provided in s. 775.082 or s.
563 775.083; is personally subject to a civil penalty pursuant to s.
564 718.501(1)(d); and must be removed from office and a vacancy
565 declared.
566 4. A person who willfully and knowingly or intentionally
567 refuses to release or otherwise produce association records with
568 the intent to avoid or escape detection, arrest, trial, or
569 punishment for the commission of a crime, or to assist another
570 person with such avoidance or escape, commits a felony of the
571 third degree, punishable as provided in s. 775.082, s. 775.083,
572 or s. 775.084, and must be removed from office and a vacancy
573 declared.
574 5. The association shall maintain an adequate number of
575 copies of the declaration, articles of incorporation, bylaws,
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576 and rules, and all amendments to each of the foregoing, as well
577 as the question and answer sheet as described in s. 718.504 and
578 the most recent annual financial statement and annual budget
579 year-end financial information required under this section, on
580 the condominium property to ensure their availability to unit
581 owners and prospective purchasers, and may charge its actual
582 costs for preparing and furnishing these documents to those
583 requesting the documents. An association shall allow a member or
584 his or her authorized representative to use a portable device,
585 including a smartphone, tablet, portable scanner, or any other
586 technology capable of scanning or taking photographs, to make an
587 electronic copy of the official records in lieu of the
588 association's providing the member or his or her authorized
589 representative with a copy of such records. The association may
590 not charge a member or his or her authorized representative for
591 the use of a portable device. Notwithstanding this paragraph,
592 the following records are not accessible to unit owners:
593 a. Any record protected by the lawyer-client privilege as
594 described in s. 90.502 and any record protected by the work-
595 product privilege, including a record prepared by an association
596 attorney or prepared at the attorney's express direction, which
597 reflects a mental impression, conclusion, litigation strategy,
598 or legal theory of the attorney or the association, and which
599 was prepared exclusively for civil or criminal litigation or for
600 adversarial administrative proceedings, or which was prepared in
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601 anticipation of such litigation or proceedings until the
602 conclusion of the litigation or proceedings.
603 b. Information obtained by an association in connection
604 with the approval of the lease, sale, or other transfer of a
605 unit.
606 c. Personnel records of association or management company
607 employees, including, but not limited to, disciplinary, payroll,
608 health, and insurance records. For purposes of this sub-
609 subparagraph, the term "personnel records" does not include
610 written employment agreements with an association employee or
611 management company, or budgetary or financial records that
612 indicate the compensation paid to an association employee.
613 d. Medical records of unit owners.
614 e. Social security numbers, driver license numbers, credit
615 card numbers, e-mail addresses, telephone numbers, facsimile
616 numbers, emergency contact information, addresses of a unit
617 owner other than as provided to fulfill the association's notice
618 requirements, and other personal identifying information of any
619 person, excluding the person's name, unit designation, mailing
620 address, property address, and any address, e-mail address, or
621 facsimile number provided to the association to fulfill the
622 association's notice requirements. Notwithstanding the
623 restrictions in this sub-subparagraph, an association may print
624 and distribute to unit owners a directory containing the name,
625 unit address, and all telephone numbers of each unit owner.
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626 However, an owner may exclude his or her telephone numbers from
627 the directory by so requesting in writing to the association. An
628 owner may consent in writing to the disclosure of other contact
629 information described in this sub-subparagraph. The association
630 is not liable for the inadvertent disclosure of information that
631 is protected under this sub-subparagraph if the information is
632 included in an official record of the association and is
633 voluntarily provided by an owner and not requested by the
634 association.
635 f. Electronic security measures that are used by the
636 association to safeguard data, including passwords.
637 g. The software and operating system used by the
638 association which allow the manipulation of data, even if the
639 owner owns a copy of the same software used by the association.
640 The data is part of the official records of the association.
641 h. All affirmative acknowledgments made pursuant to s.
642 718.121(4)(c).
643 (13) FINANCIAL REPORTING.—Within 90 days after the end of
644 the fiscal year, or annually on a date provided in the bylaws,
645 the association shall prepare and complete, or contract for the
646 preparation and completion of, a financial report for the
647 preceding fiscal year. Within 21 days after the final financial
648 report is completed by the association or received from the
649 third party, but not later than 120 days after the end of the
650 fiscal year or other date as provided in the bylaws, the
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651 association shall deliver to each unit owner by United States
652 mail or personal delivery at the mailing address, property
653 address, e-mail address, or facsimile number provided to fulfill
654 the association's notice requirements, a copy of the most recent
655 financial report, and a notice that a copy of the most recent
656 financial report will be mailed or hand delivered to the unit
657 owner, without charge, within 5 business days after receipt of a
658 written request from the unit owner. The division shall adopt
659 rules setting forth uniform accounting principles and standards
660 to be used by all associations and addressing the financial
661 reporting requirements for multicondominium associations. The
662 rules must include, but not be limited to, standards for
663 presenting a summary of association reserves, including a good
664 faith estimate disclosing the annual amount of reserve funds
665 that would be necessary for the association to fully fund
666 reserves for each reserve item based on the straight-line
667 accounting method. This disclosure is not applicable to reserves
668 funded via the pooling method. In adopting such rules, the
669 division shall consider the number of members and annual
670 revenues of an association. Financial reports shall be prepared
671 as follows:
672 (a) An association that meets the criteria of this
673 paragraph shall prepare a complete set of financial statements
674 in accordance with generally accepted accounting principles. The
675 financial statements must be based upon the association's total
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676 annual revenues, as follows:
677 1. An association with total annual revenues of $150,000
678 or more, but less than $300,000, shall prepare compiled
679 financial statements.
680 2. An association with total annual revenues of at least
681 $300,000, but less than $500,000, shall prepare reviewed
682 financial statements.
683 3. An association with total annual revenues of $500,000
684 or more shall prepare audited financial statements.
685 (b)1. An association with total annual revenues of less
686 than $150,000 shall prepare a report of cash receipts and
687 expenditures.
688 2. A report of cash receipts and disbursements must
689 disclose the amount of receipts by accounts and receipt
690 classifications and the amount of expenses by accounts and
691 expense classifications, including, but not limited to, the
692 following, as applicable: costs for security, professional and
693 management fees and expenses, taxes, costs for recreation
694 facilities, expenses for refuse collection and utility services,
695 expenses for lawn care, costs for building maintenance and
696 repair, insurance costs, administration and salary expenses, and
697 reserves accumulated and expended for capital expenditures,
698 deferred maintenance, and any other category for which the
699 association maintains reserves.
700 (c) An association may prepare, without a meeting of or
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701 approval by the unit owners:
702 1. Compiled, reviewed, or audited financial statements, if
703 the association is required to prepare a report of cash receipts
704 and expenditures;
705 2. Reviewed or audited financial statements, if the
706 association is required to prepare compiled financial
707 statements; or
708 3. Audited financial statements if the association is
709 required to prepare reviewed financial statements.
710 (d) If approved by a majority of the voting interests
711 present at a properly called meeting of the association, an
712 association may prepare:
713 1. A report of cash receipts and expenditures in lieu of a
714 compiled, reviewed, or audited financial statement;
715 2. A report of cash receipts and expenditures or a
716 compiled financial statement in lieu of a reviewed or audited
717 financial statement; or
718 3. A report of cash receipts and expenditures, a compiled
719 financial statement, or a reviewed financial statement in lieu
720 of an audited financial statement.
721
722 Such meeting and approval must occur before the end of the
723 fiscal year and is effective only for the fiscal year in which
724 the vote is taken. An association may not prepare a financial
725 report pursuant to this paragraph for consecutive fiscal years.
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726 If the developer has not turned over control of the association,
727 all unit owners, including the developer, may vote on issues
728 related to the preparation of the association's financial
729 reports, from the date of incorporation of the association
730 through the end of the second fiscal year after the fiscal year
731 in which the certificate of a surveyor and mapper is recorded
732 pursuant to s. 718.104(4)(e) or an instrument that transfers
733 title to a unit in the condominium which is not accompanied by a
734 recorded assignment of developer rights in favor of the grantee
735 of such unit is recorded, whichever occurs first. Thereafter,
736 all unit owners except the developer may vote on such issues
737 until control is turned over to the association by the
738 developer. Any audit or review prepared under this section shall
739 be paid for by the developer if done before turnover of control
740 of the association.
741 (e) A unit owner may provide written notice to the
742 division of the association's failure to mail or hand deliver
743 him or her a copy of the most recent financial report within 5
744 business days after he or she submitted a written request to the
745 association for a copy of such report. If the division
746 determines that the association failed to mail or hand deliver a
747 copy of the most recent financial report to the unit owner, the
748 division shall provide written notice to the association that
749 the association must mail or hand deliver a copy of the most
750 recent financial report to the unit owner and the division
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751 within 5 business days after it receives such notice from the
752 division. An association that fails to comply with the
753 division's request may not waive the financial reporting
754 requirement provided in paragraph (d) for the fiscal year in
755 which the unit owner's request was made and the following fiscal
756 year. A financial report received by the division pursuant to
757 this paragraph shall be maintained, and the division shall
758 provide a copy of such report to an association member upon his
759 or her request.
760 (16) SPECIAL ASSESSMENTS AND OBTAINING LOANS.—
761 (a)1. The Legislature finds that:
762 a. Condominiums are created as authorized by statute and
763 are subject to covenants that encumber the land and restrict the
764 use of real property.
765 b. In some circumstances, the declaration, articles of
766 incorporation, or bylaws of an association restrict the
767 authority of the board of administration to levy special
768 assessments or to obtain a loan without first receiving approval
769 of the membership, which may preclude an association from
770 obtaining immediate funding to carry out its obligations to
771 perform necessary maintenance, repair, or replacement of the
772 condominium property as required by the milestone inspection
773 report and structural integrity reserve study report in order to
774 protect the health and safety of the unit owners and tenants of
775 the property.
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776 c. It is contrary to the public policy of this state to
777 limit the ability of an association to obtain the funds needed
778 to perform necessary maintenance, repair, or replacement of the
779 condominium property as required by the milestone inspection
780 report and structural integrity reserve study report in order to
781 protect the health and safety of the unit owners and tenants of
782 the property.
783 d. It is in the best interest of this state to provide a
784 method for the boards of administration of associations to
785 obtain the funds needed to perform necessary maintenance,
786 repair, or replacement of the condominium property as required
787 by the milestone inspection report and structural integrity
788 reserve study report without the approval of the membership in
789 order to protect the health and safety of the unit owners and
790 tenants of the property.
791 2. The Legislature further finds that authorizing the
792 board of administration of an association to meet its fiduciary
793 duty, to levy special assessments, and to obtain a loan for
794 necessary maintenance, repair, or replacement of the condominium
795 property as required by the milestone inspection report and
796 structural integrity reserve study report in order to protect
797 the health and safety of the unit owners and tenants of the
798 property is in the public interest; that requiring an
799 association to obtain membership approval endangers the public
800 safety; and that there is a compelling state interest in
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801 enabling the board of administration of an association to levy
802 special assessments and obtain loans to perform necessary
803 maintenance, repair, or replacement of the condominium property
804 as required by the milestone inspection report and structural
805 integrity reserve study report without the approval of the
806 membership in order to protect the health and safety of the unit
807 owners and tenants of the property.
808 (b) Notwithstanding any provision to the contrary
809 contained in an association's declaration, articles of
810 incorporation, or bylaws, the board of administration of an
811 association may levy special assessments and obtain a loan to
812 perform necessary maintenance, repair, or replacement of the
813 condominium property as required by the milestone inspection
814 report and structural integrity reserve study report without the
815 approval of the membership in order to protect the health and
816 safety of the unit owners and tenants of the property.
817 (c) This section applies to all condominiums in existence
818 on or after July 1, 2025, which are not controlled by the
819 developer as defined in s. 718.103 or a bulk assignee or bulk
820 buyer, as those terms are defined in s. 718.703.
821 Section 4. Effective January 1, 2026, paragraph (g) of
822 subsection (12) of section 718.111, Florida Statutes, as amended
823 by section 8 of 2024-244, Laws of Florida, is amended to read:
824 718.111 The association.—
825 (12) OFFICIAL RECORDS.—
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826 (g)1. An association managing a condominium with 25 or
827 more units which does not contain timeshare units shall post
828 digital copies of the documents specified in subparagraph 2. on
829 its website or make such documents available through an
830 application that can be downloaded on a mobile device.
831 a. The association's website or application must be:
832 (I) An independent website, application, or web portal
833 wholly owned and operated by the association; or
834 (II) A website, application, or web portal operated by a
835 third-party provider with whom the association owns, leases,
836 rents, or otherwise obtains the right to operate a web page,
837 subpage, web portal, collection of subpages or web portals, or
838 an application which is dedicated to the association's
839 activities and on which required notices, records, and documents
840 may be posted or made available by the association.
841 b. The association's website or application must be
842 accessible through the Internet and must contain a subpage, web
843 portal, or other protected electronic location that is
844 inaccessible to the general public and accessible only to unit
845 owners and employees of the association.
846 c. Upon a unit owner's written request, the association
847 must provide the unit owner with a username and password and
848 access to the protected sections of the association's website or
849 application which contain any notices, records, or documents
850 that must be electronically provided.
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851 2. A current copy of the following documents must be
852 posted in digital format on the association's website or
853 application:
854 a. The recorded declaration of condominium of each
855 condominium operated by the association and each amendment to
856 each declaration.
857 b. The recorded bylaws of the association and each
858 amendment to the bylaws.
859 c. The articles of incorporation of the association, or
860 other documents creating the association, and each amendment to
861 the articles of incorporation or other documents. The copy
862 posted pursuant to this sub-subparagraph must be a copy of the
863 articles of incorporation filed with the Department of State.
864 d. The rules of the association.
865 e. The adopted minutes of all meetings of the association,
866 the board of administration, and the unit owners over the
867 preceding 7 years.
868 f.e. A list of all executory contracts or documents to
869 which the association is a party or under which the association
870 or the unit owners have an obligation or responsibility and,
871 after bidding for the related materials, equipment, or services
872 has closed, a list of bids received by the association within
873 the past year. Summaries of bids for materials, equipment, or
874 services which exceed $500 must be maintained on the website or
875 application for 1 year. In lieu of summaries, complete copies of
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876 the bids may be posted.
877 g.f. The annual budget required by s. 718.112(2)(f) and
878 any proposed budget to be considered at the annual meeting.
879 h.g. The financial report required by subsection (13) and
880 any monthly income or expense statement to be considered at a
881 meeting.
882 i.h. The certification of each director required by s.
883 718.112(2)(d)4.b.
884 j.i. All contracts or transactions between the association
885 and any director, officer, corporation, firm, or association
886 that is not an affiliated condominium association or any other
887 entity in which an association director is also a director or
888 officer and financially interested.
889 k.j. Any contract or document regarding a conflict of
890 interest or possible conflict of interest as provided in ss.
891 468.4335, 468.436(2)(b)6., and 718.3027(3).
892 l.k. The notice of any unit owner meeting and the agenda
893 for the meeting, as required by s. 718.112(2)(d)3., no later
894 than 14 days before the meeting. The notice must be posted in
895 plain view on the front page of the website or application, or
896 on a separate subpage of the website or application labeled
897 "Notices" which is conspicuously visible and linked from the
898 front page. The association must also post on its website or
899 application any document to be considered and voted on by the
900 owners during the meeting or any document listed on the agenda
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901 at least 7 days before the meeting at which the document or the
902 information within the document will be considered.
903 m.l. Notice of any board meeting, the agenda, and any
904 other document required for the meeting as required by s.
905 718.112(2)(c), which must be posted no later than the date
906 required for notice under s. 718.112(2)(c).
907 n.m. The inspection reports described in ss. 553.899 and
908 718.301(4)(p) and any other inspection report relating to a
909 structural or life safety inspection of condominium property.
910 o.n. The association's most recent structural integrity
911 reserve study, if applicable.
912 p.o. Copies of all building permits issued for ongoing or
913 planned construction.
914 3. The association shall ensure that the information and
915 records described in paragraph (c), which are not allowed to be
916 accessible to unit owners, are not posted on the association's
917 website or application. If protected information or information
918 restricted from being accessible to unit owners is included in
919 documents that are required to be posted on the association's
920 website or application, the association shall ensure the
921 information is redacted before posting the documents.
922 Notwithstanding the foregoing, the association or its agent is
923 not liable for disclosing information that is protected or
924 restricted under this paragraph unless such disclosure was made
925 with a knowing or intentional disregard of the protected or
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926 restricted nature of such information.
927 4. The failure of the association to post information
928 required under subparagraph 2. is not in and of itself
929 sufficient to invalidate any action or decision of the
930 association's board or its committees.
931 Section 5. Paragraphs (c), (d), (f), (g), (l), and (p) of
932 subsection (2) of section 718.112, Florida Statutes, are
933 amended, and paragraph (m) of that subsection is republished, to
934 read:
935 718.112 Bylaws.—
936 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
937 following and, if they do not do so, shall be deemed to include
938 the following:
939 (c) Board of administration meetings.—In a residential
940 condominium association of more than 10 units, the board of
941 administration shall meet at least once each quarter. At least
942 four times each year, the meeting agenda must include an
943 opportunity for members to ask questions of the board, including
944 questions relating to the status of any construction or repair
945 projects, the status of all revenue and expenditures during the
946 current fiscal year, and any other issues affecting the
947 condominium. Meetings of the board of administration at which a
948 quorum of the members is present are open to all unit owners.
949 Members of the board of administration may use e-mail as a means
950 of communication but may not cast a vote on an association
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951 matter via e-mail. A unit owner may tape record or videotape the
952 meetings. The right to attend such meetings includes the right
953 to speak at such meetings with reference to all designated
954 agenda items and the right to ask questions relating to reports
955 on the status of construction or repair projects, the status of
956 revenues and expenditures during the current fiscal year, and
957 other issues affecting the condominium. The division shall adopt
958 reasonable rules governing the tape recording and videotaping of
959 the meeting. The association may adopt written reasonable rules
960 governing the frequency, duration, and manner of unit owner
961 statements and questions.
962 1. Adequate notice of all board meetings, which must
963 specifically identify all agenda items, must be posted
964 conspicuously on the condominium property at least 48 continuous
965 hours before the meeting except in an emergency. If 20 percent
966 of the voting interests petition the board to address an item of
967 business, the board, within 60 days after receipt of the
968 petition, shall place the item on the agenda at its next regular
969 board meeting or at a special meeting called for that purpose.
970 An item not included on the notice may be taken up on an
971 emergency basis by a vote of at least a majority plus one of the
972 board members. Such emergency action must be noticed and
973 ratified at the next regular board meeting. Written notice of a
974 meeting at which a nonemergency special assessment or an
975 amendment to rules regarding unit use will be considered must be
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976 mailed, delivered, or electronically transmitted to the unit
977 owners and posted conspicuously on the condominium property at
978 least 14 days before the meeting. Evidence of compliance with
979 this 14-day notice requirement must be made by an affidavit
980 executed by the person providing the notice and filed with the
981 official records of the association.
982 2. Upon notice to the unit owners, the board shall, by
983 duly adopted rule, designate a specific location on the
984 condominium property at which all notices of board meetings must
985 be posted. If there is no condominium property at which notices
986 can be posted, notices shall be mailed, delivered, or
987 electronically transmitted to each unit owner at least 14 days
988 before the meeting. In lieu of or in addition to the physical
989 posting of the notice on the condominium property, the
990 association may, by reasonable rule, adopt a procedure for
991 conspicuously posting and repeatedly broadcasting the notice and
992 the agenda on a closed-circuit cable television system serving
993 the condominium association. However, if broadcast notice is
994 used in lieu of a notice physically posted on condominium
995 property, the notice and agenda must be broadcast at least four
996 times every broadcast hour of each day that a posted notice is
997 otherwise required under this section. If broadcast notice is
998 provided, the notice and agenda must be broadcast in a manner
999 and for a sufficient continuous length of time so as to allow an
1000 average reader to observe the notice and read and comprehend the
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1001 entire content of the notice and the agenda. In addition to any
1002 of the authorized means of providing notice of a meeting of the
1003 board, the association may, by rule, adopt a procedure for
1004 conspicuously posting the meeting notice and the agenda on a
1005 website serving the condominium association for at least the
1006 minimum period of time for which a notice of a meeting is also
1007 required to be physically posted on the condominium property.
1008 Any rule adopted shall, in addition to other matters, include a
1009 requirement that the association send an electronic notice in
1010 the same manner as a notice for a meeting of the members, which
1011 must include a hyperlink to the website at which the notice is
1012 posted, to unit owners whose e-mail addresses are included in
1013 the association's official records.
1014 3. Notice of any meeting in which regular or special
1015 assessments against unit owners are to be considered must
1016 specifically state that assessments will be considered and
1017 provide the estimated cost and description of the purposes for
1018 such assessments. If an agenda item relates to the approval of a
1019 contract for goods or services, a copy of the contract must be
1020 provided with the notice and be made available for inspection
1021 and copying upon a written request from a unit owner or made
1022 available on the association's website or through an application
1023 that can be downloaded on a mobile device.
1024 4. Meetings of a committee to take final action on behalf
1025 of the board or make recommendations to the board regarding the
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1026 association budget are subject to this paragraph. Meetings of a
1027 committee that does not take final action on behalf of the board
1028 or make recommendations to the board regarding the association
1029 budget are subject to this section, unless those meetings are
1030 exempted from this section by the bylaws of the association.
1031 5. Notwithstanding any other law, the requirement that
1032 board meetings and committee meetings be open to the unit owners
1033 does not apply to:
1034 a. Meetings between the board or a committee and the
1035 association's attorney, with respect to proposed or pending
1036 litigation, if the meeting is held for the purpose of seeking or
1037 rendering legal advice; or
1038 b. Board meetings held for the purpose of discussing
1039 personnel matters.
1040 (d) Unit owner meetings.—
1041 1. An annual meeting of the unit owners must be held at
1042 the location provided in the association bylaws and, if the
1043 bylaws are silent as to the location, the meeting must be held
1044 within 45 miles of the condominium property. However, such
1045 distance requirement does not apply to an association governing
1046 a timeshare condominium.
1047 2. Unless the bylaws provide otherwise, a vacancy on the
1048 board caused by the expiration of a director's term must be
1049 filled by electing a new board member, and the election must be
1050 by secret ballot. An election is not required if the number of
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1051 vacancies equals or exceeds the number of candidates. For
1052 purposes of this paragraph, the term "candidate" means an
1053 eligible person who has timely submitted the written notice, as
1054 described in sub-subparagraph 4.a., of his or her intention to
1055 become a candidate. Except in a timeshare or nonresidential
1056 condominium, or if the staggered term of a board member does not
1057 expire until a later annual meeting, or if all members' terms
1058 would otherwise expire but there are no candidates, the terms of
1059 all board members expire at the annual meeting, and such members
1060 may stand for reelection unless prohibited by the bylaws. Board
1061 members may serve terms longer than 1 year if permitted by the
1062 bylaws or articles of incorporation. A board member may not
1063 serve more than 8 consecutive years unless approved by an
1064 affirmative vote of unit owners representing two-thirds of all
1065 votes cast in the election or unless there are not enough
1066 eligible candidates to fill the vacancies on the board at the
1067 time of the vacancy. Only board service that occurs on or after
1068 July 1, 2018, may be used when calculating a board member's term
1069 limit. If the number of board members whose terms expire at the
1070 annual meeting equals or exceeds the number of candidates, the
1071 candidates become members of the board effective upon the
1072 adjournment of the annual meeting. Unless the bylaws provide
1073 otherwise, any remaining vacancies shall be filled by the
1074 affirmative vote of the majority of the directors making up the
1075 newly constituted board even if the directors constitute less
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1076 than a quorum or there is only one director. In a residential
1077 condominium association of more than 10 units or in a
1078 residential condominium association that does not include
1079 timeshare units or timeshare interests, co-owners of a unit may
1080 not serve as members of the board of directors at the same time
1081 unless they own more than one unit or unless there are not
1082 enough eligible candidates to fill the vacancies on the board at
1083 the time of the vacancy. A unit owner in a residential
1084 condominium desiring to be a candidate for board membership must
1085 comply with sub-subparagraph 4.a. and must be eligible to be a
1086 candidate to serve on the board of directors at the time of the
1087 deadline for submitting a notice of intent to run in order to
1088 have his or her name listed as a proper candidate on the ballot
1089 or to serve on the board. A person who has been suspended or
1090 removed by the division under this chapter, or who is delinquent
1091 in the payment of any assessment due to the association, is not
1092 eligible to be a candidate for board membership and may not be
1093 listed on the ballot. For purposes of this paragraph, a person
1094 is delinquent if a payment is not made by the due date as
1095 specifically identified in the declaration of condominium,
1096 bylaws, or articles of incorporation. If a due date is not
1097 specifically identified in the declaration of condominium,
1098 bylaws, or articles of incorporation, the due date is the first
1099 day of the assessment period. A person who has been convicted of
1100 any felony in this state or in a United States District or
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1101 Territorial Court, or who has been convicted of any offense in
1102 another jurisdiction which would be considered a felony if
1103 committed in this state, is not eligible for board membership
1104 unless such felon's civil rights have been restored for at least
1105 5 years as of the date such person seeks election to the board.
1106 The validity of an action by the board is not affected if it is
1107 later determined that a board member is ineligible for board
1108 membership due to having been convicted of a felony. This
1109 subparagraph does not limit the term of a member of the board of
1110 a nonresidential or timeshare condominium.
1111 3. The bylaws must provide the method of calling meetings
1112 of unit owners, including annual meetings. Written notice of an
1113 annual meeting must include an agenda; be mailed, hand
1114 delivered, or electronically transmitted to each unit owner at
1115 least 14 days before the annual meeting; and be posted in a
1116 conspicuous place on the condominium property or association
1117 property at least 14 continuous days before the annual meeting.
1118 Written notice of a meeting other than an annual meeting must
1119 include an agenda; be mailed, hand delivered, or electronically
1120 transmitted to each unit owner; and be posted in a conspicuous
1121 place on the condominium property or association property within
1122 the timeframe specified in the bylaws. If the bylaws do not
1123 specify a timeframe for written notice of a meeting other than
1124 an annual meeting, notice must be provided at least 14
1125 continuous days before the meeting. Upon notice to the unit
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1126 owners, the board shall, by duly adopted rule, designate a
1127 specific location on the condominium property or association
1128 property at which all notices of unit owner meetings must be
1129 posted. This requirement does not apply if there is no
1130 condominium property for posting notices. In lieu of, or in
1131 addition to, the physical posting of meeting notices, the
1132 association may, by reasonable rule, adopt a procedure for
1133 conspicuously posting and repeatedly broadcasting the notice and
1134 the agenda on a closed-circuit cable television system serving
1135 the condominium association. However, if broadcast notice is
1136 used in lieu of a notice posted physically on the condominium
1137 property, the notice and agenda must be broadcast at least four
1138 times every broadcast hour of each day that a posted notice is
1139 otherwise required under this section. If broadcast notice is
1140 provided, the notice and agenda must be broadcast in a manner
1141 and for a sufficient continuous length of time so as to allow an
1142 average reader to observe the notice and read and comprehend the
1143 entire content of the notice and the agenda. In addition to any
1144 of the authorized means of providing notice of a meeting of the
1145 board, the association may, by rule, adopt a procedure for
1146 conspicuously posting the meeting notice and the agenda on a
1147 website serving the condominium association for at least the
1148 minimum period of time for which a notice of a meeting is also
1149 required to be physically posted on the condominium property.
1150 Any rule adopted shall, in addition to other matters, include a
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1151 requirement that the association send an electronic notice in
1152 the same manner as a notice for a meeting of the members, which
1153 must include a hyperlink to the website at which the notice is
1154 posted, to unit owners whose e-mail addresses are included in
1155 the association's official records. Unless a unit owner waives
1156 in writing the right to receive notice of the annual meeting,
1157 such notice must be hand delivered, mailed, or electronically
1158 transmitted to each unit owner. Notice for meetings and notice
1159 for all other purposes must be mailed to each unit owner at the
1160 address last furnished to the association by the unit owner, or
1161 hand delivered to each unit owner. However, if a unit is owned
1162 by more than one person, the association must provide notice to
1163 the address that the developer identifies for that purpose and
1164 thereafter as one or more of the owners of the unit advise the
1165 association in writing, or if no address is given or the owners
1166 of the unit do not agree, to the address provided on the deed of
1167 record. An officer of the association, or the manager or other
1168 person providing notice of the association meeting, must provide
1169 an affidavit or United States Postal Service certificate of
1170 mailing, to be included in the official records of the
1171 association affirming that the notice was mailed or hand
1172 delivered in accordance with this provision.
1173 4. The members of the board of a residential condominium
1174 shall be elected by written ballot or voting machine. Proxies
1175 may not be used in electing the board in general elections or
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1176 elections to fill vacancies caused by recall, resignation, or
1177 otherwise, unless otherwise provided in this chapter. This
1178 subparagraph does not apply to an association governing a
1179 timeshare condominium.
1180 a. At least 60 days before a scheduled election, the
1181 association shall mail, deliver, or electronically transmit, by
1182 separate association mailing or included in another association
1183 mailing, delivery, or transmission, including regularly
1184 published newsletters, to each unit owner entitled to a vote, a
1185 first notice of the date of the election. A unit owner or other
1186 eligible person desiring to be a candidate for the board must
1187 give written notice of his or her intent to be a candidate to
1188 the association at least 40 days before a scheduled election.
1189 Together with the written notice and agenda as set forth in
1190 subparagraph 3., the association shall mail, deliver, or
1191 electronically transmit a second notice of the election to all
1192 unit owners entitled to vote, together with a ballot that lists
1193 all candidates not less than 14 days or more than 34 days before
1194 the date of the election. Upon request of a candidate, an
1195 information sheet, no larger than 8 1/2 inches by 11 inches,
1196 which must be furnished by the candidate at least 35 days before
1197 the election, must be included with the mailing, delivery, or
1198 transmission of the ballot, with the costs of mailing, delivery,
1199 or electronic transmission and copying to be borne by the
1200 association. The association is not liable for the contents of
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1201 the information sheets prepared by the candidates. In order to
1202 reduce costs, the association may print or duplicate the
1203 information sheets on both sides of the paper. The division
1204 shall by rule establish voting procedures consistent with this
1205 sub-subparagraph, including rules establishing procedures for
1206 giving notice by electronic transmission and rules providing for
1207 the secrecy of ballots. Elections shall be decided by a
1208 plurality of ballots cast. There is no quorum requirement;
1209 however, at least 20 percent of the eligible voters must cast a
1210 ballot in order to have a valid election. A unit owner may not
1211 authorize any other person to vote his or her ballot, and any
1212 ballots improperly cast are invalid. A unit owner who violates
1213 this provision may be fined by the association in accordance
1214 with s. 718.303. A unit owner who needs assistance in casting
1215 the ballot for the reasons stated in s. 101.051 may obtain such
1216 assistance. The regular election must occur on the date of the
1217 annual meeting. Notwithstanding this sub-subparagraph, an
1218 election is not required unless more candidates file notices of
1219 intent to run or are nominated than board vacancies exist.
1220 b. A director of a board of an association of a
1221 residential condominium shall:
1222 (I) Certify in writing to the secretary of the association
1223 that he or she has read the association's declaration of
1224 condominium, articles of incorporation, bylaws, and current
1225 written policies; that he or she will work to uphold such
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1226 documents and policies to the best of his or her ability; and
1227 that he or she will faithfully discharge his or her fiduciary
1228 responsibility to the association's members.
1229 (II) Submit to the secretary of the association a
1230 certificate of having satisfactorily completed the educational
1231 curriculum administered by the division or a division-approved
1232 condominium education provider. The educational curriculum must
1233 be at least 4 hours long and include instruction on milestone
1234 inspections, structural integrity reserve studies, elections,
1235 recordkeeping, financial literacy and transparency, levying of
1236 fines, and notice and meeting requirements.
1237
1238 Each newly elected or appointed director must submit to the
1239 secretary of the association the written certification and
1240 educational certificate within 1 year before being elected or
1241 appointed or 90 days after the date of election or appointment.
1242 A director of an association of a residential condominium who
1243 was elected or appointed before July 1, 2024, must comply with
1244 the written certification and educational certificate
1245 requirements in this sub-subparagraph by June 30, 2025. The
1246 written certification and educational certificate is valid for 7
1247 years after the date of issuance and does not have to be
1248 resubmitted as long as the director serves on the board without
1249 interruption during the 7-year period. A director who is
1250 appointed by the developer may satisfy the educational
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1251 certificate requirement in sub-sub-subparagraph (II) for any
1252 subsequent appointment to a board by a developer within 7 years
1253 after the date of issuance of the most recent educational
1254 certificate, including any interruption of service on a board or
1255 appointment to a board in another association within that 7-year
1256 period. One year after submission of the most recent written
1257 certification and educational certificate, and annually
1258 thereafter, a director of an association of a residential
1259 condominium must submit to the secretary of the association a
1260 certificate of having satisfactorily completed at least 1 hour
1261 of continuing education administered by the division, or a
1262 division-approved condominium education provider, relating to
1263 any recent changes to this chapter and the related
1264 administrative rules during the past year. A director of an
1265 association of a residential condominium who fails to timely
1266 file the written certification and educational certificate is
1267 suspended from service on the board until he or she complies
1268 with this sub-subparagraph. The board may temporarily fill the
1269 vacancy during the period of suspension. The secretary shall
1270 cause the association to retain a director's written
1271 certification and educational certificate for inspection by the
1272 members for 7 years after a director's election or the duration
1273 of the director's uninterrupted tenure, whichever is longer.
1274 Failure to have such written certification and educational
1275 certificate on file does not affect the validity of any board
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1276 action.
1277 c. Any challenge to the election process must be commenced
1278 within 60 days after the election results are announced.
1279 5. Any approval by unit owners called for by this chapter
1280 or the applicable declaration or bylaws, including, but not
1281 limited to, the approval requirement in s. 718.111(8), must be
1282 made at a duly noticed meeting of unit owners and is subject to
1283 all requirements of this chapter or the applicable condominium
1284 documents relating to unit owner decisionmaking, except that
1285 unit owners may take action by written agreement, without
1286 meetings, on matters for which action by written agreement
1287 without meetings is expressly allowed by the applicable bylaws
1288 or declaration or any law that provides for such action.
1289 6. Unit owners may waive notice of specific meetings if
1290 allowed by the applicable bylaws or declaration or any law.
1291 Notice of meetings of the board of administration; unit owner
1292 meetings, except unit owner meetings called to recall board
1293 members under paragraph (l); and committee meetings may be given
1294 by electronic transmission to unit owners who consent to receive
1295 notice by electronic transmission. A unit owner who consents to
1296 receiving notices by electronic transmission is solely
1297 responsible for removing or bypassing filters that block receipt
1298 of mass e-mails sent to members on behalf of the association in
1299 the course of giving electronic notices.
1300 7. Unit owners have the right to participate in meetings
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1301 of unit owners with reference to all designated agenda items.
1302 However, the association may adopt reasonable rules governing
1303 the frequency, duration, and manner of unit owner participation.
1304 8. A unit owner may tape record or videotape a meeting of
1305 the unit owners subject to reasonable rules adopted by the
1306 division.
1307 9. Unless otherwise provided in the bylaws, any vacancy
1308 occurring on the board before the expiration of a term may be
1309 filled by the affirmative vote of the majority of the remaining
1310 directors, even if the remaining directors constitute less than
1311 a quorum, or by the sole remaining director. In the alternative,
1312 a board may hold an election to fill the vacancy, in which case
1313 the election procedures must conform to sub-subparagraph 4.a.
1314 unless the association governs 10 units or fewer and has opted
1315 out of the statutory election process, in which case the bylaws
1316 of the association control. Unless otherwise provided in the
1317 bylaws, a board member appointed or elected under this section
1318 shall fill the vacancy for the unexpired term of the seat being
1319 filled. Filling vacancies created by recall is governed by
1320 paragraph (l) and rules adopted by the division.
1321 10. This chapter does not limit the use of general or
1322 limited proxies, require the use of general or limited proxies,
1323 or require the use of a written ballot or voting machine for any
1324 agenda item or election at any meeting of a timeshare
1325 condominium association or nonresidential condominium
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1326 association.
1327
1328 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1329 association of 10 or fewer units may, by affirmative vote of a
1330 majority of the total voting interests, provide for different
1331 voting and election procedures in its bylaws, which may be by a
1332 proxy specifically delineating the different voting and election
1333 procedures. The different voting and election procedures may
1334 provide for elections to be conducted by limited or general
1335 proxy. Notwithstanding sub-subparagraph 4.a., an association
1336 operating a nonresidential condominium may provide for different
1337 voting and election procedures in its bylaws, or by an amendment
1338 to its bylaws, which may include alternative notice requirements
1339 and voting by limited or general proxy.
1340 (f) Annual budget.—
1341 1. The proposed annual budget of estimated revenues and
1342 expenses must be detailed and must show the amounts budgeted by
1343 accounts and expense classifications, including, at a minimum,
1344 any applicable expenses listed in s. 718.504(21). The board
1345 shall adopt the annual budget at least 14 days before the start
1346 of the association's fiscal year. In the event that the board
1347 fails to timely adopt the annual budget a second time, it is
1348 deemed a minor violation and the prior year's budget shall
1349 continue in effect until a new budget is adopted. A
1350 multicondominium association must adopt a separate budget of
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1351 common expenses for each condominium the association operates
1352 and must adopt a separate budget of common expenses for the
1353 association. In addition, if the association maintains limited
1354 common elements with the cost to be shared only by those
1355 entitled to use the limited common elements as provided for in
1356 s. 718.113(1), the budget or a schedule attached to it must show
1357 the amount budgeted for this maintenance. If, after turnover of
1358 control of the association to the unit owners, any of the
1359 expenses listed in s. 718.504(21) are not applicable, they do
1360 not need to be listed.
1361 2.a. In addition to annual operating expenses, the budget
1362 must include reserve accounts for capital expenditures and
1363 deferred maintenance. These accounts must include, but are not
1364 limited to, roof replacement, building painting, and pavement
1365 resurfacing, regardless of the amount of deferred maintenance
1366 expense or replacement cost, and any other item that has a
1367 deferred maintenance expense or replacement cost that exceeds
1368 $10,000. The amount to be reserved must be computed using a
1369 formula based upon estimated remaining useful life and estimated
1370 replacement cost or deferred maintenance expense of the reserve
1371 item. In a budget adopted by an association that is required to
1372 obtain a structural integrity reserve study, reserves must be
1373 maintained for the items identified in paragraph (g) for which
1374 the association is responsible pursuant to the declaration of
1375 condominium, and the reserve amount for such items must be based
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1376 on the findings and recommendations of the association's most
1377 recent structural integrity reserve study. With respect to items
1378 for which an estimate of useful life is not readily
1379 ascertainable or with an estimated remaining useful life of
1380 greater than 25 years, an association is not required to reserve
1381 replacement costs for such items, but an association must
1382 reserve the amount of deferred maintenance expense, if any,
1383 which is recommended by the structural integrity reserve study
1384 for such items. The association may adjust replacement reserve
1385 assessments annually to take into account an inflation
1386 adjustment and any changes in estimates or extension of the
1387 useful life of a reserve item caused by deferred maintenance.
1388 The members of a unit-owner-controlled association may
1389 determine, by a majority vote of the total voting interests of
1390 the association, to provide no reserves or less reserves than
1391 required by this subsection. For a budget adopted on or after
1392 December 31, 2024, the members of a unit-owner-controlled
1393 association that must obtain a structural integrity reserve
1394 study may not determine to provide no reserves or less reserves
1395 than required by this subsection for items listed in paragraph
1396 (g), except that members of an association operating a
1397 multicondominium may determine to provide no reserves or less
1398 reserves than required by this subsection if an alternative
1399 funding method has been approved by the division. If the local
1400 building official, as defined in s. 468.603, determines that the
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1401 entire condominium building is uninhabitable due to a natural
1402 emergency, as defined in s. 252.34, the board, upon the approval
1403 of a majority of its members, may pause the contribution to its
1404 reserves or reduce reserve funding until the local building
1405 official determines that the condominium building is habitable.
1406 Any reserve account funds held by the association may be
1407 expended, pursuant to the board's determination, to make the
1408 condominium building and its structures habitable. Upon the
1409 determination by the local building official that the
1410 condominium building is habitable, the association must
1411 immediately resume contributing funds to its reserves.
1412 b. Before turnover of control of an association by a
1413 developer to unit owners other than a developer under s.
1414 718.301, the developer-controlled association may not vote to
1415 waive the reserves or reduce funding of the reserves. If a
1416 meeting of the unit owners has been called to determine whether
1417 to waive or reduce the funding of reserves and no such result is
1418 achieved or a quorum is not attained, the reserves included in
1419 the budget shall go into effect. After the turnover, the
1420 developer may vote its voting interest to waive or reduce the
1421 funding of reserves.
1422 c. For an annual budget adopted on or before December 31,
1423 2027, the members of a unit-owner-controlled association may
1424 approve, by a majority vote of the total voting interests of the
1425 association, the provision of a secured line of credit for up to
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1426 35 percent of the amount of the reserves required to meet the
1427 reserve funding schedule recommended by a structural integrity
1428 reserve study with respect to items with an estimated remaining
1429 useful life of greater than 10 years.
1430 3. Reserve funds and any interest accruing thereon shall
1431 remain in the reserve account or accounts, and may be used only
1432 for authorized reserve expenditures unless their use for other
1433 purposes is approved in advance by a majority vote of all the
1434 total voting interests of the association. Before turnover of
1435 control of an association by a developer to unit owners other
1436 than the developer pursuant to s. 718.301, the developer-
1437 controlled association may not vote to use reserves for purposes
1438 other than those for which they were intended. For a budget
1439 adopted on or after December 31, 2024, members of a unit-owner-
1440 controlled association that must obtain a structural integrity
1441 reserve study may not vote to use reserve funds, or any interest
1442 accruing thereon, for any other purpose other than the
1443 replacement or deferred maintenance costs of the components
1444 listed in paragraph (g).
1445 4. The only voting interests that are eligible to vote on
1446 questions that involve waiving or reducing the funding of
1447 reserves, or using existing reserve funds for purposes other
1448 than purposes for which the reserves were intended, are the
1449 voting interests of the units subject to assessment to fund the
1450 reserves in question. Proxy questions relating to waiving or
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1451 reducing the funding of reserves or using existing reserve funds
1452 for purposes other than purposes for which the reserves were
1453 intended must contain the following statement in capitalized,
1454 bold letters in a font size larger than any other used on the
1455 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1456 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1457 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1458 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1459 5. An association's reserve accounts may be pooled for two
1460 or more required components. Reserve funding for components
1461 listed in paragraph (g) may only be pooled with other components
1462 listed in paragraph (g). The reserve funding indicated in the
1463 proposed annual budget must be sufficient to ensure that
1464 available funds meet or exceed projected expenses for all
1465 components in the reserve pool based on the most recent
1466 structural integrity reserve study.
1467 (g) Structural integrity reserve study.—
1468 1. A residential condominium association must have a
1469 structural integrity reserve study completed at least every 10
1470 years after the condominium's creation for each building on the
1471 condominium property that is three stories or higher in height,
1472 as determined by the Florida Building Code, which includes, at a
1473 minimum, a study of the following items as related to the
1474 structural integrity and safety of the building:
1475 a. Roof.
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1476 b. Structure, including load-bearing walls and other
1477 primary structural members and primary structural systems as
1478 those terms are defined in s. 627.706.
1479 c. Fireproofing and fire protection systems.
1480 d. Plumbing.
1481 e. Electrical systems.
1482 f. Waterproofing and exterior painting.
1483 g. Windows and exterior doors.
1484 h. Any other item that has a deferred maintenance expense
1485 or replacement cost that exceeds $10,000 and the failure to
1486 replace or maintain such item negatively affects the items
1487 listed in sub-subparagraphs a.-g., as determined by the visual
1488 inspection portion of the structural integrity reserve study.
1489 2. A structural integrity reserve study is based on a
1490 visual inspection of the condominium property. A structural
1491 integrity reserve study may be performed by any person qualified
1492 to perform such study. However, the visual inspection portion of
1493 the structural integrity reserve study must be performed or
1494 verified by an engineer licensed under chapter 471, an architect
1495 licensed under chapter 481, or a person certified as a reserve
1496 specialist or professional reserve analyst by the Community
1497 Associations Institute or the Association of Professional
1498 Reserve Analysts. It is a conflict of interest for any person
1499 who performs a structural integrity reserve study or a milestone
1500 inspection under s. 553.899 to provide or contract to provide
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1501 services for the repair or replacement of the condominium
1502 property that was the subject of such structural integrity
1503 reserve study or milestone inspection, or to have a financial
1504 interest with the person or entity providing the repair or
1505 replacement services.
1506 3. At a minimum, a structural integrity reserve study must
1507 identify each item of the condominium property being visually
1508 inspected, state the estimated remaining useful life and the
1509 estimated replacement cost or deferred maintenance expense of
1510 each item of the condominium property being visually inspected,
1511 and provide a reserve funding schedule with a recommended annual
1512 reserve amount that achieves the estimated replacement cost or
1513 deferred maintenance expense of each item of condominium
1514 property being visually inspected by the end of the estimated
1515 remaining useful life of the item. The structural integrity
1516 reserve study may recommend that reserves do not need to be
1517 maintained for any item for which an estimate of useful life and
1518 an estimate of replacement cost cannot be determined, or the
1519 study may recommend a deferred maintenance expense amount for
1520 such item. The structural integrity reserve study may recommend
1521 that reserves for replacement costs do not need to be maintained
1522 for any item with an estimated remaining useful life of greater
1523 than 25 years, but the study may recommend a deferred
1524 maintenance expense amount for such item.
1525 4. This paragraph does not apply to buildings less than
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1526 three stories in height; single-family, two-family, or three-
1527 family, or four-family dwellings with three or fewer habitable
1528 stories above ground; any portion or component of a building
1529 that has not been submitted to the condominium form of
1530 ownership; or any portion or component of a building that is
1531 maintained by a party other than the association.
1532 5. Before a developer turns over control of an association
1533 to unit owners other than the developer, the developer must have
1534 a turnover inspection report in compliance with s. 718.301(4)(p)
1535 and (q) for each building on the condominium property that is
1536 three stories or higher in height.
1537 6. Associations existing on or before July 1, 2022, which
1538 are controlled by unit owners other than the developer, must
1539 have a structural integrity reserve study completed by December
1540 31, 2024, for each building on the condominium property that is
1541 three stories or higher in height. An association that is
1542 required to complete a milestone inspection in accordance with
1543 s. 553.899 on or before December 31, 2026, may complete the
1544 structural integrity reserve study simultaneously with the
1545 milestone inspection. In no event may the structural integrity
1546 reserve study be completed after December 31, 2026.
1547 7. If the milestone inspection required by s. 553.899, or
1548 an inspection completed for a similar local requirement, was
1549 performed within the past 5 years and meets the requirements of
1550 this paragraph, such inspection may be used in place of the
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1551 visual inspection portion of the structural integrity reserve
1552 study.
1553 8. If the officers or directors of an association
1554 willfully and knowingly fail to complete a structural integrity
1555 reserve study pursuant to this paragraph, such failure is a
1556 breach of an officer's and director's fiduciary relationship to
1557 the unit owners under s. 718.111(1).
1558 9. Within 45 days after receiving the structural integrity
1559 reserve study, the association must distribute a copy of the
1560 study to each unit owner or deliver to each unit owner a notice
1561 that the completed study is available for inspection and copying
1562 upon a written request. Distribution of a copy of the study or
1563 notice must be made by United States mail or personal delivery
1564 to the mailing address, property address, or any other address
1565 of the owner provided to fulfill the association's notice
1566 requirements under this chapter, or by electronic transmission
1567 to the e-mail address or facsimile number provided to fulfill
1568 the association's notice requirements to unit owners who
1569 previously consented to receive notice by electronic
1570 transmission.
1571 10. Within 45 days after receiving the structural
1572 integrity reserve study, the association must provide the
1573 division with a statement indicating that the study was
1574 completed and that the association provided or made available
1575 such study to each unit owner in accordance with this section.
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1576 The statement must be provided to the division in the manner
1577 established by the division using a form posted on the
1578 division's website.
1579 11. By October 1, 2025, the Department of Business and
1580 Professional Regulation shall initiate rulemaking to establish
1581 criteria for determining the estimated useful life of the
1582 building components identified in subparagraph 1.
1583 (l) Recall of board members.—Subject to s. 718.301, any
1584 member of the board of administration may be recalled and
1585 removed from office with or without cause by the vote or
1586 agreement in writing by a majority of all the voting interests.
1587 A voting interest of the condominium may not be suspended when
1588 voting to recall a member of the board of administration and any
1589 prior suspension of voting rights pursuant to s. 718.303(5)
1590 shall have no effect on a recall vote A special meeting of the
1591 unit owners to recall a member or members of the board of
1592 administration may be called by 10 percent of the voting
1593 interests giving notice of the meeting as required for a meeting
1594 of unit owners, and the notice shall state the purpose of the
1595 meeting. Electronic transmission may not be used as a method of
1596 giving notice of a meeting called in whole or in part for this
1597 purpose.
1598 1. If the recall is approved by a majority of all voting
1599 interests by a vote at a meeting, the recall will be effective
1600 as provided in this paragraph. The board shall duly notice and
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1601 hold a board meeting within 5 full business days after the
1602 adjournment of the unit owner meeting to recall one or more
1603 board members. Such member or members shall be recalled
1604 effective immediately upon conclusion of the board meeting,
1605 provided that the recall is facially valid. A recalled member
1606 must turn over to the board, within 10 full business days after
1607 the vote, any and all records and property of the association in
1608 their possession.
1609 1.2. If The proposed recall is by an agreement in writing
1610 by a majority of all voting interests, the agreement in writing
1611 or a copy thereof must shall be served on the association by
1612 registered certified mail or by personal service in the manner
1613 authorized by chapter 48 and the Florida Rules of Civil
1614 Procedure. Methods of service that are not authorized by chapter
1615 48 and the Florida Rules of Civil Procedure are invalid and any
1616 service that does not comply with this paragraph is void. The
1617 board of administration shall duly notice and hold a meeting of
1618 the board within 5 full business days after receipt of the
1619 agreement by valid service as authorized under this paragraph in
1620 writing. Such member or members must shall be recalled effective
1621 immediately upon the conclusion of the board meeting, provided
1622 that the recall is facially valid and the agreement was validly
1623 served. A recalled member must turn over to the board, within 10
1624 full business days, any and all records and property of the
1625 association in his or her their possession.
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1626 2. Rejection of a unit owner's recall agreement under this
1627 section applies when the recall agreement:
1628 a. Was improperly served;
1629 b. Was executed by a person who was not a unit's record
1630 owner or designated voter;
1631 c. Was previously marked for the removal of any board
1632 member;
1633 d. Does not contain any markings that indicate the
1634 selection by a unit owner to either remove or retain a board
1635 member; or
1636 e. Does not contain the signature of the unit owner.
1637 3. There is a rebuttable presumption that a unit owner
1638 executing the recall agreement is the designated voter for the
1639 unit. An association may not enforce a voting certificate
1640 requirement if the association has not enforced such requirement
1641 in all matters requiring the use of voting certificates in the
1642 year immediately preceding service of the recall agreement.
1643 4. A rescission or revocation of a unit owner's recall
1644 agreement must be in writing and delivered to the association
1645 before the association is served with the written recall
1646 agreement. This subparagraph must be liberally construed to
1647 ensure a unit owner is not disenfranchised by an association in
1648 a recall and to prevent an association from failing to certify a
1649 recall agreement on a technical omission which is not a part in
1650 the discharge of the unit owner's voting rights.
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1651 5.3. If the board fails to duly notice and hold a board
1652 meeting within 5 full business days after service of an
1653 agreement in writing or within 5 full business days after the
1654 adjournment of the unit owner recall meeting, the recall is
1655 deemed effective and the board members so recalled shall turn
1656 over to the board within 10 full business days after the vote
1657 any and all records and property of the association.
1658 6.4. If the board fails to duly notice and hold the
1659 required meeting or at the conclusion of the meeting determines
1660 that the recall is not facially valid, the unit owner
1661 representative may file a petition or circuit court action under
1662 s. 718.1255 challenging the board's failure to act or
1663 challenging the board's determination on facial validity. The
1664 petition or action must be filed within 45 60 days after the
1665 expiration of the applicable 5-full-business-day period. The
1666 review of a petition or action under this subparagraph is
1667 limited to the sufficiency of service on the board and the
1668 facial validity of the written agreement or ballots filed. The
1669 association must be named as the respondent.
1670 7.5. If a vacancy occurs on the board as a result of a
1671 recall or removal and less than a majority of the board members
1672 are removed, the vacancy may be filled by the affirmative vote
1673 of a majority of the remaining directors, notwithstanding any
1674 provision to the contrary contained in this subsection. If
1675 vacancies occur on the board as a result of a recall and a
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1676 majority or more of the board members are removed, the vacancies
1677 must shall be filled in accordance with procedural rules to be
1678 adopted by the division, which rules need not be consistent with
1679 this subsection. The rules must provide procedures governing the
1680 conduct of the recall election as well as the operation of the
1681 association during the period after a recall but before the
1682 recall election.
1683 8.6. A board member who has been recalled may file a
1684 petition or court action under s. 718.1255 challenging the
1685 validity of the recall. The petition or action must be filed
1686 within 45 60 days after the recall. The association and the unit
1687 owner representative must shall be named as the respondents. The
1688 petition or action may challenge the facial validity of the
1689 written agreement or ballots filed or the substantial compliance
1690 with the procedural requirements for the recall. If the
1691 arbitrator or court determines the recall was invalid, the
1692 petitioning board member must shall immediately be reinstated
1693 and the recall is null and void. A board member who is
1694 successful in challenging a recall is entitled to recover
1695 reasonable attorney fees and costs from the respondents. The
1696 arbitrator or court may award reasonable attorney fees and costs
1697 to the respondents if they prevail, if the arbitrator or court
1698 makes a finding that the petitioner's claim is frivolous.
1699 9.7. The division or a court of competent jurisdiction may
1700 not accept for filing a recall petition or court action, whether
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1701 filed under subparagraph 1., subparagraph 2., subparagraph 4.,
1702 or subparagraph 6., or subparagraph 8., when there are 45 60 or
1703 fewer days until the scheduled reelection of the board member
1704 sought to be recalled or when 45 60 or fewer days have elapsed
1705 since the election of the board member sought to be recalled.
1706 (m) Alternative dispute resolution.—There must be a
1707 provision for alternative dispute resolution as provided for in
1708 s. 718.1255 for any residential condominium.
1709 (p) Director or officer delinquencies.—A director or
1710 officer more than 90 days delinquent in the payment of any
1711 monetary obligation due the association is shall be deemed to
1712 have abandoned the office, creating a vacancy in the office to
1713 be filled according to law. For the purpose of this paragraph, a
1714 director or an officer is delinquent if a payment is not made by
1715 the due date as specifically identified in the declarations,
1716 bylaws, or articles of incorporation. If a due date is not
1717 specifically identified in the declaration, bylaws, or articles
1718 of incorporation, the due date is the first day of the
1719 assessment period.
1720 Section 6. Paragraphs (d) and (e) of subsection (5) of
1721 section 718.113, Florida Statutes, are amended to read:
1722 718.113 Maintenance; limitation upon improvement; display
1723 of flag; hurricane protection; display of religious
1724 decorations.—
1725 (5) To protect the health, safety, and welfare of the
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1726 people of the state and to ensure uniformity and consistency in
1727 the hurricane protections installed by condominium associations
1728 and unit owners, this subsection applies to all residential and
1729 mixed-use condominiums in the state, regardless of when the
1730 condominium is created pursuant to the declaration of
1731 condominium. Each board of administration of a residential
1732 condominium or mixed-use condominium must adopt hurricane
1733 protection specifications for each building within each
1734 condominium operated by the association which may include color,
1735 style, and other factors deemed relevant by the board. All
1736 specifications adopted by the board must comply with the
1737 applicable building code. The installation, maintenance, repair,
1738 replacement, and operation of hurricane protection in accordance
1739 with this subsection is not considered a material alteration or
1740 substantial addition to the common elements or association
1741 property within the meaning of this section.
1742 (d) Unless otherwise provided in the declaration as
1743 originally recorded, or as amended, a unit owner is not
1744 responsible for the cost of any removal or reinstallation of
1745 hurricane protection, including exterior windows, doors, or
1746 other apertures, if its removal is necessary for the
1747 maintenance, repair, or replacement of other condominium
1748 property or association property for which the association is
1749 responsible. The board shall determine if the removal or
1750 reinstallation of hurricane protection must be completed by the
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1751 unit owner or the association if the declaration as originally
1752 recorded, or as amended, does not specify who is responsible for
1753 such costs. If such removal or reinstallation is completed by
1754 the association, the costs incurred by the association may not
1755 be charged to the unit owner. If such removal or reinstallation
1756 is completed by the unit owner, the association must reimburse
1757 the unit owner for the cost of the removal or reinstallation or
1758 the association must apply a credit toward future assessments in
1759 the amount of the unit owner's cost to remove or reinstall the
1760 hurricane protection.
1761 (e) If the removal or reinstallation of hurricane
1762 protection, including exterior windows, doors, or other
1763 apertures, is the responsibility of the unit owner and the
1764 association completes such removal or reinstallation and then
1765 charges the unit owner for such removal or reinstallation, such
1766 charges are enforceable as an assessment and may be collected in
1767 the manner provided under s. 718.116.
1768 Section 7. Subsection (10) of section 718.116, Florida
1769 Statutes, is amended to read:
1770 718.116 Assessments; liability; lien and priority;
1771 interest; collection.—
1772 (10)(a) The specific purpose or purposes of any special
1773 assessment, including any contingent special assessment levied
1774 in conjunction with the purchase of an insurance policy
1775 authorized by s. 718.111(11), approved in accordance with the
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1776 condominium documents shall be set forth in a written notice of
1777 such assessment sent or delivered to each unit owner. The funds
1778 collected pursuant to a special assessment shall be used only
1779 for the specific purpose or purposes set forth in such notice.
1780 However, upon completion of such specific purpose or purposes,
1781 any excess funds will be considered common surplus, and may, at
1782 the discretion of the board, either be returned to the unit
1783 owners or applied as a credit toward future assessments.
1784 (b) The Legislature finds that:
1785 1. In some circumstances, the declaration, articles of
1786 incorporation, or bylaws of an association restrict the
1787 authority of the board of administration to levy special
1788 assessments without first obtaining the approval of the
1789 membership, which may preclude an association from obtaining
1790 immediate funding to carry out its obligations to perform
1791 necessary maintenance, repair, or replacement of the condominium
1792 property as required by the milestone inspection report and
1793 structural integrity reserve study report in order to protect
1794 the health and safety of the unit owners and tenants of the
1795 property.
1796 2. It is contrary to the public policy of this state to
1797 limit the ability of an association to obtain the funds needed
1798 to perform necessary maintenance, repair, or replacement of the
1799 condominium property as required by the milestone inspection
1800 report and structural integrity reserve study report in order to
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1801 protect the unit owners and tenants of the property.
1802 3. Authorizing the board of administration of an
1803 association to meet its fiduciary duty and levy special
1804 assessments to fund necessary maintenance, repair, or
1805 replacement of the condominium property as required by the
1806 milestone inspection report and structural integrity reserve
1807 study report in order to protect the health and safety of the
1808 unit owners and tenants of the property is in the public
1809 interest; that requiring an association to obtain membership
1810 approval endangers the public safety; and that there is a
1811 compelling state interest in enabling the board of
1812 administration of an association to levy special assessments to
1813 perform necessary maintenance, repair, or replacement of the
1814 condominium property as required by the milestone inspection
1815 report and structural integrity reserve study report without the
1816 approval of the membership in order to protect the health and
1817 safety of the unit owners and tenants of the property.
1818 (c) Notwithstanding any provision to the contrary
1819 contained in an association's declaration, articles of
1820 incorporation, or bylaws, the board of administration of an
1821 association may levy special assessments to perform necessary
1822 maintenance, repair, or replacement of the condominium property
1823 as required by the milestone inspection report and structural
1824 integrity reserve study report without the approval of the
1825 membership in order to protect the health and safety of the unit
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1826 owners and tenants of the property.
1827 (d) Paragraph (c) applies to all condominiums in existence
1828 on or after July 1, 2025, which are not subject to control of
1829 the developer as defined in s. 718.103 or a bulk assignee or
1830 bulk buyer, as those terms are defined in s. 718.703.
1831 Section 8. Paragraph (a) of subsection (2) and subsections
1832 (3), (4), and (16) of section 718.117, Florida Statutes, are
1833 amended to read:
1834 718.117 Termination of condominium.—
1835 (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
1836 IMPOSSIBILITY.—
1837 (a) Notwithstanding any provision in the declaration, the
1838 condominium form of ownership of a property may be terminated by
1839 a plan of termination approved by the lesser of the lowest
1840 percentage of voting interests necessary to amend the
1841 declaration or as otherwise provided in the declaration for
1842 approval of termination if:
1843 1. The total estimated cost of construction, replacement,
1844 or repairs necessary to construct or replace the intended
1845 improvements or restore the improvements to bring them into
1846 compliance with the most recent version of the Florida Building
1847 Code or to their former condition or bring them into compliance
1848 with applicable laws or regulations, plus the combined estimated
1849 fair market value of the units in the condominium before
1850 commencement of the construction, replacement, or repairs,
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1851 exceeds the combined estimated fair market value of the units in
1852 the condominium after completion of the construction,
1853 replacement, or repairs. However, if at least 50 percent of the
1854 total voting interests are owned by a bulk owner, as defined in
1855 paragraph (3)(c), termination of the condominium under this
1856 subsection requires the approval of at least 80 percent of all
1857 the voting interests in the condominium; or
1858 2. It becomes impossible to operate or reconstruct a
1859 condominium to its prior physical configuration because of land
1860 use laws or regulations.
1861 (3) OPTIONAL TERMINATION.—Subject to this subsection, the
1862 condominium form of ownership may be terminated for all or a
1863 portion of the condominium property pursuant to a plan of
1864 termination meeting the requirements of this section and
1865 approved by the division. Before a residential association
1866 submits a plan to the division, the plan must be approved by at
1867 least 80 percent of the total voting interests in of the
1868 condominium. However, if 5 percent or more of the total voting
1869 interests of the condominium have rejected the plan of
1870 termination by negative vote or by providing written objections,
1871 the plan of termination may not proceed.
1872 (a) The termination of the condominium form of ownership
1873 is subject to the following conditions:
1874 1. The total voting interests of the condominium must
1875 include all voting interests for the purpose of considering a
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1876 plan of termination. A voting interest of the condominium may
1877 not be suspended for any reason when voting on termination
1878 pursuant to this subsection.
1879 2. If 5 percent or more of the total voting interests of
1880 the condominium have rejected reject a plan of termination by a
1881 negative vote or by providing written objections, the plan of
1882 termination may not proceed and a subsequent plan of termination
1883 under pursuant to this subsection may not be considered for 24
1884 months after the date of the rejection.
1885 (b) This subsection does not apply to any condominium
1886 created pursuant to Part VI of this chapter until 5 years after
1887 the recording of the declaration of condominium, unless there is
1888 no objection to the plan of termination.
1889 (c) The requirements of this paragraph apply to
1890 residential condominiums. For purposes of this paragraph
1891 subsection, the term "bulk owner" means the single holder of
1892 such voting interests or an owner together with a related entity
1893 or entities that would be considered an insider, as defined in
1894 s. 726.102, holding such voting interests. If the condominium
1895 association is a residential association proposed for
1896 termination pursuant to this section and, at the time of
1897 recording the plan of termination, at least 80 percent of the
1898 total voting interests of the condominium are owned by a bulk
1899 owner, the plan of termination is subject to the following
1900 conditions and limitations:
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1901 1. If the former condominium units are offered for lease
1902 to the public after the termination, each unit owner in
1903 occupancy immediately before the date of recording of the plan
1904 of termination may lease his or her former unit and remain in
1905 possession of the unit for 12 months after the effective date of
1906 the termination on the same terms as similar unit types within
1907 the property are being offered to the public. In order to obtain
1908 a lease and exercise the right to retain exclusive possession of
1909 the unit owner's former unit, the unit owner must make a written
1910 request to the termination trustee to rent the former unit
1911 within 90 days after the date the plan of termination is
1912 recorded. Any unit owner who fails to timely make such written
1913 request and sign a lease within 15 days after being presented
1914 with a lease is deemed to have waived his or her right to retain
1915 possession of his or her former unit and shall be required to
1916 vacate the former unit upon the effective date of the
1917 termination, unless otherwise provided in the plan of
1918 termination.
1919 2. Any former unit owner whose unit was granted homestead
1920 exemption status by the applicable county property appraiser as
1921 of the date of the recording of the plan of termination shall be
1922 paid a relocation payment in an amount equal to 1 percent of the
1923 termination proceeds allocated to the owner's former unit. Any
1924 relocation payment payable under this subparagraph shall be paid
1925 by the single entity or related entities owning at least 80
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1926 percent of the total voting interests. Such relocation payment
1927 shall be in addition to the termination proceeds for such
1928 owner's former unit and shall be paid no later than 10 days
1929 after the former unit owner vacates his or her former unit.
1930 3. For their respective units, all unit owners other than
1931 the bulk owner must be compensated at least 100 percent of the
1932 fair market value of their units. The fair market value shall be
1933 determined as of a date that is no earlier than 90 days before
1934 the date that the plan of termination is recorded and shall be
1935 determined by an independent appraiser selected by the
1936 termination trustee. For a person whose unit was granted
1937 homestead exemption status by the applicable county property
1938 appraiser, or was an owner-occupied operating business, as of
1939 the date that the plan of termination is recorded and who is
1940 current in payment of both assessments and other monetary
1941 obligations to the association as of the date the plan of
1942 termination is recorded, the fair market value shall be at least
1943 the original purchase price paid for the unit. For purposes of
1944 this subparagraph, the term "fair market value" means the price
1945 of a unit that a seller is willing to accept and a buyer is
1946 willing to pay on the open market in an arms-length transaction
1947 based on similar units sold in other condominiums, including
1948 units sold in bulk purchases but excluding units sold at
1949 wholesale or distressed prices. The purchase price of units
1950 acquired in bulk following a bankruptcy or foreclosure shall not
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1951 be considered for purposes of determining fair market value.
1952 4. The plan of termination must provide for payment of a
1953 first mortgage encumbering a unit to the extent necessary to
1954 satisfy the lien, but the payment may not exceed the unit's
1955 share of the proceeds of termination under the plan. If the unit
1956 owner is current in payment of both assessments and other
1957 monetary obligations to the association and any mortgage
1958 encumbering the unit as of the date the plan of termination is
1959 recorded, the receipt by the holder of the unit's share of the
1960 proceeds of termination under the plan or the outstanding
1961 balance of the mortgage, whichever is less, shall be deemed to
1962 have satisfied the first mortgage in full.
1963 5. Before a plan of termination is presented to the unit
1964 owners for consideration pursuant to this paragraph, the plan
1965 must include the following written disclosures in a sworn
1966 statement:
1967 a. The identity of any person or entity that owns or
1968 controls 25 percent or more of the units in the condominium and,
1969 if the units are owned by an artificial entity or entities, a
1970 disclosure of the natural person or persons who, directly or
1971 indirectly, manage or control the entity or entities and the
1972 natural person or persons who, directly or indirectly, own or
1973 control 10 percent or more of the artificial entity or entities
1974 that constitute the bulk owner.
1975 b. The units acquired by any bulk owner, the date each
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1976 unit was acquired, and the total amount of compensation paid to
1977 each prior unit owner by the bulk owner, regardless of whether
1978 attributed to the purchase price of the unit.
1979 c. The relationship of any board member to the bulk owner
1980 or any person or entity affiliated with the bulk owner subject
1981 to disclosure pursuant to this subparagraph.
1982 d. The factual circumstances that show that the plan
1983 complies with the requirements of this section and that the plan
1984 supports the expressed public policies of this section.
1985 (d) If the members of the board of administration are
1986 elected by the bulk owner, unit owners other than the bulk owner
1987 may elect at least one-third of the members of the board of
1988 administration before the approval of any plan of termination.
1989 (e) Termination must be approved by the division after a
1990 plan of termination receives the requisite approval from the
1991 unit owners. The division shall examine the plan of termination
1992 to determine its procedural sufficiency and, within 45 days
1993 after receipt of the initial filing, the division shall notify
1994 the association by mail of any procedural deficiencies or that
1995 the filing is accepted. If the notice is not given within 45
1996 days after the receipt of the filing, the plan of termination is
1997 presumed to be accepted. If the division determines that the
1998 conditions required by this section have been met and that the
1999 plan complies with the procedural requirements of this section,
2000 the division shall authorize the termination, and the
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2001 termination may proceed pursuant to this section.
2002 (f) Subsection (2) does not apply to optional termination
2003 pursuant to this subsection.
2004 (4) EXEMPTION.—A plan of termination is not an amendment
2005 subject to s. 718.110(4). In a partial termination, a plan of
2006 termination is not an amendment subject to s. 718.110(4) if the
2007 ownership share of the common elements of a surviving unit in
2008 the condominium remains in the same proportion to the surviving
2009 units as it was before the partial termination. Notwithstanding
2010 any provision in the declaration to the contrary, the
2011 association may amend the declaration of condominium for the
2012 purpose of incorporating this section by the lesser of the
2013 lowest percentage of voting interests necessary to amend the
2014 declaration or as otherwise provided in the declaration,
2015 whichever is less.
2016 (16) RIGHT TO CONTEST.—A unit owner or lienor may contest
2017 a plan of termination by initiating a petition in accordance
2018 with s. 718.1255 within 90 days after the date the plan is
2019 recorded. A unit owner or lienor may only contest the fairness
2020 and reasonableness of the apportionment of the proceeds from the
2021 sale among the unit owners;, that the liens of the first
2022 mortgages of unit owners other than the bulk owner have not or
2023 will not be satisfied to the extent required by subsection (3);
2024 that the combined estimated fair market value of the units in
2025 the condominium after completion of the construction,
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2026 replacement, or repairs contemplated by subparagraph (2)(a)1.
2027 exceeds the estimated value of the units before the
2028 construction, replacement, or repairs plus the cost of the
2029 construction, replacement, or repairs;, or that the required
2030 vote to approve the plan was not obtained. A unit owner or
2031 lienor who does not contest the plan within the 90-day period is
2032 barred from asserting or prosecuting a claim against the
2033 association, the termination trustee, any unit owner, or any
2034 successor in interest to the condominium property. In an action
2035 contesting a plan of termination, the person contesting the plan
2036 has the burden of pleading and proving that the apportionment of
2037 the proceeds from the sale among the unit owners was not fair
2038 and reasonable or that the required vote was not obtained. The
2039 apportionment of sale proceeds is presumed fair and reasonable
2040 if it was determined pursuant to the methods prescribed in
2041 subsection (12). If the petition is filed with the division for
2042 arbitration, the arbitrator shall determine the rights and
2043 interests of the parties in the apportionment of the sale
2044 proceeds. If the arbitrator determines that the apportionment of
2045 sales proceeds is not fair and reasonable, the arbitrator may
2046 void the plan or may modify the plan to apportion the proceeds
2047 in a fair and reasonable manner pursuant to this section based
2048 upon the proceedings and order the modified plan of termination
2049 to be implemented. If the arbitrator determines that the plan
2050 was not properly approved, or that the procedures to adopt the
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2051 plan were not properly followed, the arbitrator may void the
2052 plan or grant other relief it deems just and proper. The
2053 arbitrator shall automatically void the plan upon a finding that
2054 any of the disclosures required in subparagraph (3)(c)5. are
2055 omitted, misleading, incomplete, or inaccurate. Any challenge to
2056 a plan, other than a challenge that the required vote was not
2057 obtained, does not affect title to the condominium property or
2058 the vesting of the condominium property in the trustee, but
2059 shall only be a claim against the proceeds of the plan. In any
2060 such action, the prevailing party shall recover reasonable
2061 attorney fees and costs.
2062 Section 9. Subsection (7) of section 718.1255, Florida
2063 Statutes, is renumbered as subsection (9), paragraph (a) of
2064 subsection (4) and subsection (6) are amended, and new
2065 subsections (7) and (8) are added to that section, to read:
2066 718.1255 Alternative dispute resolution; mediation;
2067 nonbinding arbitration; applicability.—
2068 (4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The
2069 Division of Florida Condominiums, Timeshares, and Mobile Homes
2070 of the Department of Business and Professional Regulation may
2071 employ full-time attorneys to act as arbitrators to conduct the
2072 arbitration hearings provided by this chapter. The division may
2073 also certify attorneys who are not employed by the division to
2074 act as arbitrators to conduct the arbitration hearings provided
2075 by this chapter. A person may not be employed by the department
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2076 as a full-time arbitrator unless he or she is a member in good
2077 standing of The Florida Bar. A person may only be certified by
2078 the division to act as an arbitrator if he or she has been a
2079 member in good standing of The Florida Bar for at least 5 years
2080 and has mediated or arbitrated at least 10 disputes involving
2081 condominiums in this state during the 3 years immediately
2082 preceding the date of application, mediated or arbitrated at
2083 least 30 disputes in any subject area in this state during the 3
2084 years immediately preceding the date of application, or attained
2085 board certification in real estate law or condominium and
2086 planned development law from The Florida Bar. Arbitrator
2087 certification is valid for 1 year. An arbitrator who does not
2088 maintain the minimum qualifications for initial certification
2089 may not have his or her certification renewed. The department
2090 may not enter into a legal services contract for an arbitration
2091 hearing under this chapter with an attorney who is not a
2092 certified arbitrator unless a certified arbitrator is not
2093 available within 50 miles of the dispute. The department shall
2094 adopt rules of procedure to govern such arbitration hearings
2095 including mediation incident thereto. The decision of an
2096 arbitrator is final; however, a decision is not deemed final
2097 agency action. Nothing in this provision shall be construed to
2098 foreclose parties from proceeding in a trial de novo unless the
2099 parties have agreed that the arbitration is binding. If judicial
2100 proceedings are initiated, the final decision of the arbitrator
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2101 is admissible in evidence in the trial de novo.
2102 (a) Before the institution of court litigation, a party to
2103 a dispute, other than an election or recall dispute, shall
2104 either petition the division for nonbinding arbitration or
2105 initiate presuit mediation as provided in subsection (5). In an
2106 election or recall dispute that is arbitrated by the division,
2107 the arbitration decision is binding on the parties unless
2108 removed pursuant to subsection (7). For all other disputes,
2109 arbitration is binding on the parties if all parties in
2110 arbitration agree to be bound in a writing filed in arbitration.
2111 The petition must be accompanied by a filing fee in the amount
2112 of $50. Filing fees collected under this section must be used to
2113 defray the expenses of the alternative dispute resolution
2114 program.
2115 (6) DISPUTES INVOLVING ELECTION IRREGULARITIES OR RECALL
2116 OF A DIRECTOR.—Every arbitration petition received by the
2117 division and required to be filed under this section challenging
2118 the legality of the election of any director of the board of
2119 administration or the recall of any director of the board of
2120 administration must be handled on an expedited basis in the
2121 manner provided by the division's rules for recall arbitration
2122 disputes. If a challenge to an election or recall dispute is
2123 filed in circuit court, the challenge must be brought in equity
2124 as a summary proceeding pursuant to s. 51.011. The party filing
2125 the action may request the court to issue a temporary injunction
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2126 to stay an upcoming election while the action is pending. The
2127 court must set an immediate hearing when an action is filed
2128 pursuant to this subsection. The court may limit the time for
2129 taking testimony based on the circumstances of the matter and
2130 the proximity of the date on which a succeeding election is
2131 scheduled, if applicable. An action filed pursuant to this
2132 subsection must be tried without a jury. The prevailing party in
2133 an action filed pursuant to this subsection shall recover
2134 reasonable attorney fees and costs.
2135 (7) REMOVAL OF ELECTION AND RECALL ARBITRATION ACTIONS.—
2136 (a) A unit owner, a recall representative, or an
2137 association may remove a petition for arbitration for an
2138 election or a recall dispute within 10 days after service of
2139 such petition by filing a notice of removal and complaint in the
2140 circuit court for the county in which the association is
2141 located. The failure to timely file a notice of removal and
2142 complaint bars the parties from seeking a trial de novo or
2143 otherwise filing an action in circuit court and the arbitration
2144 ruling by the division is final and binding on the parties.
2145 (b) A notice of removal and complaint, as well as a copy
2146 of all process, pleadings, and orders served in an action, must
2147 be signed pursuant to the Florida Rules of Civil Procedure. The
2148 party that does not seek the removal of the arbitration decision
2149 does not need to consent to the filing of a notice of removal
2150 and complaint. The party filing the notice of removal and
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2151 complaint must simultaneously serve written notice to all
2152 parties and file a copy of such written notice with the
2153 division, which ceases any further action on the matter. The
2154 party filing the notice of removal and complaint must pay all
2155 applicable filing fees within 5 days after filing the notice of
2156 removal and complaint. An action or counterclaim filed after the
2157 filing of the notice of removal and complaint must be brought in
2158 equity as a summary proceeding pursuant to s. 51.011. The party
2159 filing the action may request the court to issue a temporary
2160 injunction to stay an upcoming election while the action is
2161 pending. The court must set an immediate hearing when an action
2162 is filed pursuant to this paragraph. The court may limit the
2163 time for taking testimony based on the circumstances of the
2164 matter and the proximity of the date on which a succeeding
2165 election is scheduled, if applicable. An action filed pursuant
2166 to this paragraph must be tried without a jury. Pursuant to
2167 subsection (8), reasonable attorney fees and costs may be
2168 awarded in disputes brought under this subsection.
2169 (8) ATTORNEY FEES AND COSTS FOR DISPUTES INVOLVING A
2170 RECALL OF DIRECTORS.—If the division or a court of this state
2171 renders a judgment or decree against an association and in favor
2172 of the unit owner, the division, trial court, or, in the event
2173 of an appeal in which the unit owner prevails, the appellate
2174 court shall order the association to pay all costs incurred by
2175 the unit owner in the action and the unit owner's reasonable
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2176 attorney fees. The division or court may award such costs and
2177 attorney fees in the judgment or decree rendered in the action
2178 or such costs and attorney fees may be included in a separate
2179 judgment or decree. Costs and attorney fees may not be recovered
2180 in any action involving the recall of directors except as
2181 provided in this subsection or if awarded as a sanction under s.
2182 57.105.
2183 Section 10. Subsection (6) of section 718.128, Florida
2184 Statutes, is renumbered as subsection (8), subsection (4) is
2185 amended, and new subsections (6) and (7) are added to that
2186 section, to read:
2187 718.128 Electronic voting.—The association may conduct
2188 elections and other unit owner votes through an Internet-based
2189 online voting system if a unit owner consents, electronically or
2190 in writing, to online voting and if the following requirements
2191 are met:
2192 (4) This section applies to an association that provides
2193 for and authorizes an online voting system pursuant to this
2194 section by a board resolution. If the board authorizes online
2195 voting, the board must honor a unit owner's request to vote
2196 electronically at all subsequent elections, unless such unit
2197 owner opts out of online voting. The board resolution must
2198 provide that unit owners receive notice of the opportunity to
2199 vote through an online voting system, must establish reasonable
2200 procedures and deadlines for unit owners to consent,
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2201 electronically or in writing, to online voting, and must
2202 establish reasonable procedures and deadlines for unit owners to
2203 opt out of online voting after giving consent. Written notice of
2204 a meeting at which the resolution will be considered must be
2205 mailed, delivered, or electronically transmitted to the unit
2206 owners and posted conspicuously on the condominium property or
2207 association property at least 14 days before the meeting.
2208 Evidence of compliance with the 14-day notice requirement must
2209 be made by an affidavit executed by the person providing the
2210 notice and filed with the official records of the association.
2211 (6) If at least 25 percent of the voting interests of a
2212 condominium petition the board to adopt a resolution for
2213 electronic voting for the next scheduled election, the board
2214 must hold a meeting within 21 days after receipt of the petition
2215 to adopt such resolution. The board must receive the petition
2216 within 180 days after the date of the last scheduled annual
2217 meeting.
2218 (7)(a) Unless the association has adopted electronic
2219 voting in accordance with subsections (1)-(6), the association
2220 must designate an e-mail address for receipt of electronically
2221 transmitted ballots. Electronically transmitted ballots must
2222 meet all the requirements of this subsection.
2223 (b) A unit owner may electronically transmit a ballot to
2224 the e-mail address designated by the association without
2225 complying with s. 718.112(2)(d)2. or the rules providing for the
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2226 secrecy of ballots adopted by the division. The association must
2227 count completed ballots that are electronically transmitted to
2228 the designated e-mail address, provided the completed ballot
2229 complies with the requirements of this subsection.
2230 (c) A ballot that is electronically transmitted to the
2231 association must include all of the following:
2232 1. A space for the unit owner to type in his or her unit
2233 number.
2234 2. A space for the unit owner to type in his or her first
2235 and last name, which also functions as the signature of the unit
2236 owner for purposes of signing the ballot.
2237 3. The following statement in capitalized letters and in a
2238 font size larger than any other font size used in the e-mail
2239 from the association to the unit owner:
2240
2241 WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO
2242 NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO
2243 VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH E-MAIL
2244 TO THE ASSOCIATION, YOU WAIVE YOUR SECRECY OF YOUR
2245 COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY
2246 BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF
2247 THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING
2248 WHICH THE MATTER WILL BE VOTED ON.
2249
2250 (d) A unit owner must transmit his or her completed ballot
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2251 to the e-mail address designated by the association no later
2252 than the scheduled date and time of the meeting during which the
2253 matter is being voted on.
2254 (e) There is a rebuttable presumption that an association
2255 has reviewed all folders associated with the e-mail address
2256 designated by the association to receive ballots if a board
2257 member, an officer, or an agent of the association, or a manager
2258 licensed under part VIII of chapter 468, provides a sworn
2259 affidavit attesting to such review.
2260 Section 11. Subsection (7) of section 718.203, Florida
2261 Statutes, is amended to read:
2262 718.203 Warranties.—
2263 (7) Residential Condominiums may be covered by an insured
2264 warranty program underwritten by a licensed insurance company
2265 registered in this state, provided that such warranty program
2266 meets the minimum requirements of this chapter; to the degree
2267 that such warranty program does not meet the minimum
2268 requirements of this chapter, such requirements shall apply.
2269 Section 12. Subsection (1) of section 718.301, Florida
2270 Statutes, is amended to read:
2271 718.301 Transfer of association control; claims of defect
2272 by association.—
2273 (1) If unit owners other than the developer own 15 percent
2274 or more of the units in a condominium that will be operated
2275 ultimately by an association, the unit owners other than the
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2276 developer are entitled to elect at least one-third of the
2277 members of the board of administration of the association. Unit
2278 owners other than the developer are entitled to elect at least a
2279 majority of the members of the board of administration of an
2280 association, upon the first to occur of any of the following
2281 events:
2282 (a) Three years after 50 percent of the units that will be
2283 operated ultimately by the association have been conveyed to
2284 purchasers;
2285 (b) Three months after 90 percent of the units that will
2286 be operated ultimately by the association have been conveyed to
2287 purchasers;
2288 (c) When all the units that will be operated ultimately by
2289 the association have been completed, some of them have been
2290 conveyed to purchasers, and none of the others are being offered
2291 for sale by the developer in the ordinary course of business;
2292 (d) When some of the units have been conveyed to
2293 purchasers and none of the others are being constructed or
2294 offered for sale by the developer in the ordinary course of
2295 business;
2296 (e) When the developer files a petition seeking protection
2297 in bankruptcy;
2298 (f) When a receiver for the developer is appointed by a
2299 circuit court and is not discharged within 30 days after such
2300 appointment, unless the court determines within 30 days after
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2301 appointment of the receiver that transfer of control would be
2302 detrimental to the association or its members; or
2303 (g) Seven years after the date of the recording of the
2304 certificate of a surveyor and mapper pursuant to s.
2305 718.104(4)(e) or the recording of an instrument that transfers
2306 title to a unit in the condominium which is not accompanied by a
2307 recorded assignment of developer rights in favor of the grantee
2308 of such unit, whichever occurs first; or, in the case of an
2309 association that may ultimately operate more than one
2310 condominium, 7 years after the date of the recording of the
2311 certificate of a surveyor and mapper pursuant to s.
2312 718.104(4)(e) or the recording of an instrument that transfers
2313 title to a unit which is not accompanied by a recorded
2314 assignment of developer rights in favor of the grantee of such
2315 unit, whichever occurs first, for the first condominium it
2316 operates; or, in the case of an association operating a phase
2317 condominium created pursuant to s. 718.403, 7 years after the
2318 date of the recording of the certificate of a surveyor and
2319 mapper pursuant to s. 718.104(4)(e) or the recording of an
2320 instrument that transfers title to a unit which is not
2321 accompanied by a recorded assignment of developer rights in
2322 favor of the grantee of such unit, whichever occurs first.
2323
2324 The developer is entitled to elect at least one member of the
2325 board of administration of an association as long as the
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2326 developer holds for sale in the ordinary course of business at
2327 least 5 percent, in condominiums with fewer than 500 units, and
2328 2 percent, in condominiums with more than 500 units, of the
2329 units in a condominium operated by the association. After the
2330 developer relinquishes control of the association, the developer
2331 may exercise the right to vote any developer-owned units in the
2332 same manner as any other unit owner except for purposes of
2333 reacquiring control of the association or selecting the majority
2334 members of the board of administration. Beginning July 1, 2025,
2335 paragraphs (a), (c), (d), and (g) do not apply to nonresidential
2336 condominiums comprised of 10 or fewer units.
2337 Section 13. Paragraphs (a) and (b) of subsection (1) of
2338 section 718.302, Florida Statutes, are amended to read:
2339 718.302 Agreements entered into by the association.—
2340 (1) Any grant or reservation made by a declaration, lease,
2341 or other document, and any contract made by an association prior
2342 to assumption of control of the association by unit owners other
2343 than the developer, that provides for operation, maintenance, or
2344 management of a condominium association or property serving the
2345 unit owners of a condominium shall be fair and reasonable, and
2346 such grant, reservation, or contract may be canceled by unit
2347 owners other than the developer:
2348 (a) If the association operates only one condominium and
2349 the unit owners other than the developer have assumed control of
2350 the association, or if unit owners other than the developer own
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2351 at least not less than 75 percent of the voting interests in the
2352 condominium or 90 percent of the voting interests if the
2353 condominium is a nonresidential condominium consisting of 10 or
2354 fewer units, the cancellation must shall be by concurrence of
2355 the owners of at least not less than 75 percent of the voting
2356 interests other than the voting interests owned by the
2357 developer. If a grant, reservation, or contract is so canceled
2358 and the unit owners other than the developer have not assumed
2359 control of the association, the association must shall make a
2360 new contract or otherwise provide for maintenance, management,
2361 or operation in lieu of the canceled obligation, at the
2362 direction of the owners of not less than a majority of the
2363 voting interests in the condominium other than the voting
2364 interests owned by the developer.
2365 (b) If the association operates more than one condominium
2366 and the unit owners other than the developer have not assumed
2367 control of the association, and if unit owners other than the
2368 developer own at least 75 percent of the voting interests in the
2369 condominiums a condominium operated by the association or,
2370 beginning July 1, 2025, 90 percent of the voting interests if
2371 the condominium is a nonresidential condominium consisting of 10
2372 or fewer units, any grant, reservation, or contract for
2373 maintenance, management, or operation of buildings containing
2374 the units in that condominium or of improvements used only by
2375 unit owners of that condominium may be canceled by concurrence
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2376 of the owners of at least 75 percent, or 90 percent if the
2377 condominium is a nonresidential condominium consisting of 10 or
2378 fewer units, of the voting interests in the condominium other
2379 than the voting interests owned by the developer. A No grant,
2380 reservation, or contract for maintenance, management, or
2381 operation of recreational areas or any other property serving
2382 more than one condominium, and operated by more than one
2383 association, may not be canceled except pursuant to paragraph
2384 (d).
2385 Section 14. Subsection (4) of section 718.407, Florida
2386 Statutes, is amended to read:
2387 718.407 Condominiums created within a portion of a
2388 building or within a multiple parcel building.—
2389 (4)(a) The association of a condominium subject to this
2390 section may inspect and copy the books and records upon which
2391 the costs for maintaining and operating the shared facilities
2392 are based, and must to receive an annual budget with respect to
2393 such costs.
2394 (b) Within 60 days after the end of each fiscal year, a
2395 complete financial report of all costs for maintaining and
2396 operating the shared facilities must be provided to the
2397 association. Such report must include copies of all receipts and
2398 invoices.
2399 (c) Within 60 days after receipt of the financial report,
2400 the association may challenge any apportionment of costs for the
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2401 maintenance and operation of the shared facilities. A challenge
2402 under this paragraph is governed by s. 720.311.
2403 Section 15. Paragraph (d) of subsection (1) and paragraphs
2404 (d) and (e) of subsection (2) of section 718.503, Florida
2405 Statutes, are amended to read:
2406 718.503 Developer disclosure prior to sale; nondeveloper
2407 unit owner disclosure prior to sale; voidability.—
2408 (1) DEVELOPER DISCLOSURE.—
2409 (d) Milestone inspection, turnover inspection report, or
2410 structural integrity reserve study.—If the association is
2411 required to have completed a milestone inspection as described
2412 in s. 553.899, a turnover inspection report for a turnover
2413 inspection performed on or after July 1, 2023, or a structural
2414 integrity reserve study, and the association has not completed
2415 the milestone inspection, the turnover inspection report, or the
2416 structural integrity reserve study, each contract entered into
2417 after December 31, 2024, for the sale of a residential unit
2418 shall contain in conspicuous type a statement indicating that
2419 the association is required to have a milestone inspection, a
2420 turnover inspection report, or a structural integrity reserve
2421 study and has not completed such inspection, report, or study,
2422 as appropriate. If the association is not required to have a
2423 milestone inspection as described in s. 553.899 or a structural
2424 integrity reserve study, each contract entered into after
2425 December 31, 2024, for the sale of a residential unit shall
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2426 contain in conspicuous type a statement indicating that the
2427 association is not required to have a milestone inspection or a
2428 structural integrity reserve study, as appropriate. If the
2429 association has completed a milestone inspection as described in
2430 s. 553.899, a turnover inspection report for a turnover
2431 inspection performed on or after July 1, 2023, or a structural
2432 integrity reserve study, each contract entered into after
2433 December 31, 2024, for the sale of a residential unit shall
2434 contain in conspicuous type:
2435 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2436 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2437 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2438 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2439 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2440 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2441 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2442 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2443 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2444 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
2445 EXECUTION OF THIS CONTRACT; or and
2446 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2447 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2448 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2449 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2450 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
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2451 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2452 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2453 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2454 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2455 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2456 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2457 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2458 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2459 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2460 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2461 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2462 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2463 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2464 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2465 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2466 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103
2467 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2468 WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2469 CLOSING.
2470
2471 A contract that does not conform to the requirements of this
2472 paragraph is voidable at the option of the purchaser prior to
2473 closing.
2474 (2) NONDEVELOPER DISCLOSURE.—
2475 (d) Each contract entered into after July 1, 1992, for the
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2476 resale of a residential unit shall contain in conspicuous type
2477 either:
2478 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2479 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
2480 OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
2481 BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT
2482 ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY
2483 ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS, EXCLUDING
2484 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
2485 THIS CONTRACT; or
2486 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2487 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2488 CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2489 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2490 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
2491 OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF
2492 THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL
2493 STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND
2494 ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
2495 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2496 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
2497 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2498 THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
2499 BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
2500 RECENT ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET YEAR-END
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CS/HB 913 2025
2501 FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS
2502 DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS
2503 AGREEMENT SHALL TERMINATE AT CLOSING.
2504
2505 A contract that does not conform to the requirements of this
2506 paragraph is voidable at the option of the purchaser before
2507 prior to closing.
2508 (e) If the association is required to have completed a
2509 milestone inspection as described in s. 553.899, a turnover
2510 inspection report for a turnover inspection performed on or
2511 after July 1, 2023, or a structural integrity reserve study, and
2512 the association has not completed the milestone inspection, the
2513 turnover inspection report, or the structural integrity reserve
2514 study, each contract entered into after December 31, 2024, for
2515 the sale of a residential unit shall contain in conspicuous type
2516 a statement indicating that the association is required to have
2517 a milestone inspection, a turnover inspection report, or a
2518 structural integrity reserve study and has not completed such
2519 inspection, report, or study, as appropriate. If the association
2520 is not required to have a milestone inspection as described in
2521 s. 553.899 or a structural integrity reserve study, each
2522 contract entered into after December 31, 2024, for the sale of a
2523 residential unit shall contain in conspicuous type a statement
2524 indicating that the association is not required to have a
2525 milestone inspection or a structural integrity reserve study, as
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CS/HB 913 2025
2526 appropriate. If the association has completed a milestone
2527 inspection as described in s. 553.899, a turnover inspection
2528 report for a turnover inspection performed on or after July 1,
2529 2023, or a structural integrity reserve study, each contract
2530 entered into after December 31, 2024, for the resale of a
2531 residential unit shall contain in conspicuous type:
2532 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2533 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2534 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2535 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2536 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2537 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2538 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2539 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2540 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
2541 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
2542 EXECUTION OF THIS CONTRACT; or and
2543 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2544 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2545 CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2546 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2547 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2548 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2549 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2550 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
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2551 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2552 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2553 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2554 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2555 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2556 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
2557 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2558 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2559 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2560 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2561 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2562 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2563 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103
2564 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2565 WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2566 CLOSING.
2567
2568 A contract that does not conform to the requirements of this
2569 paragraph is voidable at the option of the purchaser before
2570 prior to closing.
2571 Section 16. Section 31 of chapter 2024-244, 2024 Laws of
2572 Florida, is amended to read:
2573 Section 31. The amendments made to ss. 718.103(14) and
2574 718.202(3) and s. 718.407(1), (2), and (6), Florida Statutes, as
2575 created by this act, are intended to clarify existing law and
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CS/HB 913 2025
2576 shall apply retroactively. However, such amendments do not
2577 revive, or reinstate, or retroactively apply to any right or
2578 interest of a condominium unit owner or condominium association
2579 in a matter pending adjudication that has been fully and finally
2580 adjudicated as invalid before October 1, 2024.
2581 Section 17. Except as otherwise provided in this act, this
2582 act shall take effect July 1, 2025.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Lopez, V. offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Section 163.212, Florida Statutes, is created
7 to read:
8 163.212 Structural building safety.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) "Division" means the Florida Division of Condominiums,
11 Timeshares, and Mobile Homes.
12 (b) "Local government" means a county or municipality of
13 this state.
14 (c) "Milestone inspection" means a structural inspection
15 of condominium property as required under s. 553.899, including
16 an inspection of load-bearing elements and the primary
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Bill No. CS/HB 913 (2025)
Amendment No. 1
17 structural members and primary structural systems, as those
18 terms are defined in s. 627.706(2).
19 (d) "Structural integrity reserve study" means a study of
20 a condominium association's reserve funds required for future
21 major repairs and replacement of condominium property as
22 required under s. 718.112(2)(g).
23 (2) CONFIRMATION OF STATUTORY REQUIREMENTS.—On or before
24 October 1, 2025, each local government that has authorized and
25 permitted the construction of a building that is three habitable
26 stories or more in height and subject to the condominium form of
27 ownership as a residential condominium under chapter 718 must
28 confirm with each condominium association that the structural
29 integrity reserve study and milestone inspection have been
30 completed for each building on the condominium property subject
31 to such requirement and that the study and inspection report has
32 been filed with the division, or that the condominium
33 association has failed to complete and file the requisite
34 structural integrity reserve study or milestone inspection
35 report.
36 (3) REPORTING REQUIREMENTS.—On or before December 31,
37 2025, each local government shall report to the division its
38 findings on whether each condominium association within the
39 local government's jurisdiction has completed or has failed to
40 complete the structural integrity reserve study or milestone
41 inspection.
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Bill No. CS/HB 913 (2025)
Amendment No. 1
42 Section 2. Subsections (12) and (13) of section 553.899,
43 Florida Statutes, are renumbered as subsections (14) and (15),
44 respectively, subsection (11) of that section is amended, and
45 new subsections (12) and (13) are added to that section, to
46 read:
47 553.899 Mandatory structural inspections for condominium
48 and cooperative buildings.—
49 (11)(a) A board of county commissioners or municipal
50 governing body may adopt an ordinance requiring that a
51 condominium or cooperative association and any other owner that
52 is subject to this section schedule or commence repairs for
53 substantial structural deterioration within a specified
54 timeframe after the local enforcement agency receives a phase
55 two inspection report; however, such repairs must be commenced
56 within 365 days after receiving such report. If an owner of the
57 building fails to submit proof to the local enforcement agency
58 that repairs have been scheduled or have commenced for
59 substantial structural deterioration identified in a phase two
60 inspection report within the required timeframe, the local
61 enforcement agency must review and determine if the building is
62 unsafe for human occupancy.
63 (b) A board of county commissioners or municipal governing
64 body shall adopt an ordinance requiring that a condominium
65 association schedule or commence repairs for substantial
66 structural deterioration within a specified timeframe after the
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Bill No. CS/HB 913 (2025)
Amendment No. 1
67 local enforcement agency receives a phase two inspection report;
68 however, such repairs must be commenced within 365 days after
69 receiving such report. If an owner of the building fails to
70 submit proof to the local enforcement agency that repairs have
71 been scheduled or have commenced for substantial structural
72 deterioration identified in a phase two inspection report within
73 the required timeframe, the local enforcement agency must review
74 and determine if the building is unsafe for human occupancy.
75 (12) On or before October 1, 2025, and on or before
76 December 31 each year thereafter, the local enforcement agency
77 responsible for milestone inspections conducted on buildings
78 three stories or more in height which are subject to the
79 condominium form of ownership under chapter 718 must provide all
80 of the following information to the Department of Business and
81 Professional Regulation, in an electronic format determined by
82 the department:
83 (a) The number of buildings required to have a milestone
84 inspection within the local enforcement agency's jurisdiction.
85 (b) The number of buildings for which a phase one
86 milestone inspection has been completed.
87 (c) The number of buildings granted an extension under
88 paragraph (3)(c).
89 (d) The number of buildings required to have a phase two
90 milestone inspection.
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Amendment No. 1
91 (e) The number of buildings for which a phase two
92 milestone inspection has been completed.
93 (f) The number, type, and value of permits applied for to
94 complete repairs based on a phase two milestone inspection.
95 (g) A list of buildings deemed to be unsafe or
96 uninhabitable based on a milestone inspection.
97 (h) The license number of the building code administrator
98 responsible for milestone inspections for the local enforcement
99 agency.
100 (13) The Department of Business and Professional
101 Regulation shall provide to the Office of Program Policy
102 Analysis and Government Accountability (OPPAGA) all information
103 obtained from the local enforcement agencies under subsection
104 (12) by the date specified, and in a manner prescribed by
105 OPPAGA. OPPAGA may request from a local enforcement agency any
106 additional information necessary to complete the report.
107 Section 3. Subsection (1) of section 718.103, Florida
108 Statutes, is amended to read:
109 718.103 Definitions.—As used in this chapter, the term:
110 (1) "Alternative funding method" means a method approved
111 by the division for funding the capital expenditures and
112 deferred maintenance obligations for a multicondominium
113 association operating at least 25 condominiums which may
114 reasonably be expected to fully satisfy the association's
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Amendment No. 1
115 reserve funding obligations by the allocation of funds in the
116 annual operating budget.
117 Section 4. Subsections (4) and (10) of section 718.110,
118 Florida Statutes, are amended to read:
119 718.110 Amendment of declaration; correction of error or
120 omission in declaration by circuit court.—
121 (4)(a) Subject to paragraph (b), unless otherwise provided
122 in the declaration as originally recorded, an no amendment may
123 not change the configuration or size of any unit in any material
124 fashion, materially alter or modify the appurtenances to the
125 unit, or change the proportion or percentage by which the unit
126 owner shares the common expenses of the condominium and owns the
127 common surplus of the condominium unless the record owner of the
128 unit and all record owners of liens on the unit join in the
129 execution of the amendment and unless all the record owners of
130 all other units in the same condominium approve the amendment.
131 The acquisition of property by the association and material
132 alterations or substantial additions to such property or the
133 common elements by the association in accordance with s.
134 718.111(7) or s. 718.113, and amendments providing for the
135 transfer of use rights in limited common elements pursuant to s.
136 718.106(2)(b) may not be considered shall not be deemed to
137 constitute a material alteration or modification of the
138 appurtenances to the units. Except as provided in paragraph (b),
139 a declaration recorded after April 1, 1992, may not require the
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Amendment No. 1
140 approval of less than a majority of total voting interests of
141 the condominium for amendments under this subsection, unless
142 otherwise required by a governmental entity.
143 (b) Notwithstanding subsection (14), the declaration of a
144 nonresidential condominium formed on or after July 1, 2025, may
145 be amended to change the configuration or size of a unit in any
146 material fashion, materially alter or modify the appurtenances
147 to the unit, or change the proportion or percentage by which the
148 unit owner shares the common expenses of the condominium and
149 owns the common surplus of the condominium, if the record owners
150 of all affected units and all record owners of liens on the
151 affected units join in the execution of the amendment. The
152 approval of the record owners of the nonaffected units in such
153 condominium is not required.
154 (10) If there is an omission or error in a declaration of
155 condominium, or any other document required to establish the
156 condominium, and the omission or error would affect the valid
157 existence of the condominium, the circuit court may entertain a
158 petition of one or more of the unit owners in the condominium,
159 or of the association, to correct the error or omission, and the
160 action may be a class action. The court may require that one or
161 more methods of correcting the error or omission be submitted to
162 the unit owners to determine the most acceptable correction. All
163 unit owners, the association, and the mortgagees of a first
164 mortgage of record must be joined as parties to the action.
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Amendment No. 1
165 Service of process on unit owners may be by publication, but the
166 plaintiff must furnish every unit owner not personally served
167 with process with a copy of the petition and final decree of the
168 court by certified mail, return receipt requested, at the unit
169 owner's last known residence address as reflected in the
170 association's official records. If an action to determine
171 whether the declaration or another condominium document complies
172 with the mandatory requirements for the formation of a
173 condominium is not brought within 3 years of the recording of
174 the certificate of a surveyor and mapper pursuant to s.
175 718.104(4)(e) or the recording of an instrument that transfers
176 title to a unit in the condominium which is not accompanied by a
177 recorded assignment of developer rights in favor of the grantee
178 of such unit, whichever occurs first, the declaration and other
179 documents will effectively create a condominium, as of the date
180 the declaration was recorded, regardless of whether the
181 documents substantially comply with the mandatory requirements
182 of law. However, both before and after the expiration of this 3-
183 year period, the circuit court has jurisdiction to entertain a
184 petition permitted under this subsection for the correction of
185 the documentation, and other methods of amendment may be
186 utilized to correct the errors or omissions at any time.
187 Section 5. Paragraph (a) of subsection (11), paragraphs
188 (a) and (c) of subsection (12), and subsection (13) of section
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Amendment No. 1
189 718.111, Florida Statutes, are amended, and subsection (16) is
190 added to that section, to read:
191 718.111 The association.—
192 (11) INSURANCE.—In order to protect the safety, health,
193 and welfare of the people of the State of Florida and to ensure
194 consistency in the provision of insurance coverage to
195 condominiums and their unit owners, this subsection applies to
196 every residential condominium in the state, regardless of the
197 date of its declaration of condominium. It is the intent of the
198 Legislature to encourage lower or stable insurance premiums for
199 associations described in this subsection.
200 (a) Every condominium association must provide adequate
201 property insurance as determined under this paragraph,
202 regardless of any requirement in the declaration of condominium
203 for certain coverage by the association for full insurable
204 value, replacement cost, or similar coverage, must be based on
205 the replacement cost of the property to be insured as determined
206 by an independent insurance appraisal or update of a prior
207 appraisal. The replacement cost must be determined at least once
208 every 36 months.
209 1. An association or group of associations may provide
210 adequate property insurance through a self-insurance fund that
211 complies with the requirements of ss. 624.460-624.488.
212 2. The amount of adequate insurance coverage for full
213 insurable value, replacement cost, or similar coverage may be
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Amendment No. 1
214 based on the replacement cost of the property to be insured as
215 determined by an independent insurance appraisal or update of a
216 previous appraisal. The replacement cost of property covered
217 must be determined every 3 years, at a minimum.
218 3.2. The association's obligation to obtain and
219 association may also provide adequate property insurance
220 coverage for a group of at least three communities created and
221 operating under this chapter, chapter 719, chapter 720, or
222 chapter 721 may be satisfied by obtaining and maintaining for
223 such communities insurance coverage sufficient to cover an
224 amount equal to the probable maximum loss for the communities
225 for a 250-year windstorm event.
226 a. Such probable maximum loss must be determined through
227 the use of a competent model that has been accepted by the
228 Florida Commission on Hurricane Loss Projection Methodology.
229 b. A policy or program providing such coverage may not be
230 issued or renewed after July 1, 2008, unless it has been
231 reviewed and approved by the Office of Insurance Regulation. The
232 review and approval must include approval of the policy and
233 related forms pursuant to ss. 627.410 and 627.411, approval of
234 the rates pursuant to s. 627.062, a determination that the loss
235 model approved by the commission was accurately and
236 appropriately applied to the insured structures to determine the
237 250-year probable maximum loss, and a determination that
238 complete and accurate disclosure of all material provisions is
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Amendment No. 1
239 provided to condominium unit owners before execution of the
240 agreement by a condominium association.
241 4.3. When determining the adequate amount of property
242 insurance coverage, the association may consider deductibles as
243 determined by this subsection.
244 (12) OFFICIAL RECORDS.—
245 (a) From the inception of the association, the association
246 shall maintain each of the following items, if applicable, which
247 constitutes the official records of the association:
248 1. A copy of the plans, permits, warranties, and other
249 items provided by the developer under s. 718.301(4).
250 2. A photocopy of the recorded declaration of condominium
251 of each condominium operated by the association and each
252 amendment to each declaration.
253 3. A photocopy of the recorded bylaws of the association
254 and each amendment to the bylaws.
255 4. A certified copy of the articles of incorporation of
256 the association, or other documents creating the association,
257 and each amendment thereto.
258 5. A copy of the current rules of the association.
259 6. A book or books that contain the minutes of all
260 meetings of the association, the board of administration, and
261 the unit owners.
262 7. A current roster of all unit owners and their mailing
263 addresses, unit identifications, voting certifications, and, if
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Amendment No. 1
264 known, telephone numbers. The association shall also maintain
265 the e-mail addresses and facsimile numbers of unit owners
266 consenting to receive notice by electronic transmission. In
267 accordance with sub-subparagraph (c)4.e. (c)5.e., the e-mail
268 addresses and facsimile numbers are only accessible to unit
269 owners if consent to receive notice by electronic transmission
270 is provided, or if the unit owner has expressly indicated that
271 such personal information can be shared with other unit owners
272 and the unit owner has not provided the association with a
273 request to opt out of such dissemination with other unit owners.
274 An association must ensure that the e-mail addresses and
275 facsimile numbers are only used for the business operation of
276 the association and may not be sold or shared with outside third
277 parties. If such personal information is included in documents
278 that are released to third parties, other than unit owners, the
279 association must redact such personal information before the
280 document is disseminated. However, the association is not liable
281 for an inadvertent disclosure of the e-mail address or facsimile
282 number for receiving electronic transmission of notices unless
283 such disclosure was made with a knowing or intentional disregard
284 of the protected nature of such information.
285 8. All current insurance policies of the association and
286 condominiums operated by the association.
287 9. A current copy of any management agreement, lease, or
288 other contract to which the association is a party or under
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Amendment No. 1
289 which the association or the unit owners have an obligation or
290 responsibility.
291 10. Bills of sale or transfer for all property owned by
292 the association.
293 11. Accounting records for the association and separate
294 accounting records for each condominium that the association
295 operates. Any person who knowingly or intentionally defaces or
296 destroys such records, or who knowingly or intentionally fails
297 to create or maintain such records, with the intent of causing
298 harm to the association or one or more of its members, is
299 personally subject to a civil penalty pursuant to s.
300 718.501(1)(e). The accounting records must include, but are not
301 limited to:
302 a. Accurate, itemized, and detailed records of all
303 receipts and expenditures.
304 b. All invoices, transaction receipts, or deposit slips
305 that substantiate any receipt or expenditure of funds by the
306 association.
307 c. A current account and a monthly, bimonthly, or
308 quarterly statement of the account for each unit designating the
309 name of the unit owner, the due date and amount of each
310 assessment, the amount paid on the account, and the balance due.
311 d. All audits, reviews, accounting statements, structural
312 integrity reserve studies, and financial reports of the
313 association or condominium. Structural integrity reserve studies
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314 must be maintained for at least 15 years after the study is
315 completed.
316 e. All contracts for work to be performed. Bids for work
317 to be performed are also considered official records and must be
318 maintained by the association for at least 1 year after receipt
319 of the bid.
320 12. Ballots, sign-in sheets, voting proxies, and all other
321 papers and electronic records relating to voting by unit owners,
322 which must be maintained for 1 year from the date of the
323 election, vote, or meeting to which the document relates,
324 notwithstanding paragraph (b).
325 13. All rental records if the association is acting as
326 agent for the rental of condominium units.
327 14. A copy of the current question and answer sheet as
328 described in s. 718.504.
329 15. A copy of the inspection reports described in ss.
330 553.899 and 718.301(4)(p) and any other inspection report
331 relating to a structural or life safety inspection of
332 condominium property. Such record must be maintained by the
333 association for 15 years after receipt of the report.
334 16. Bids for materials, equipment, or services.
335 17. All affirmative acknowledgments made pursuant to s.
336 718.121(4)(c).
337 18. A copy of all building permits.
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338 19. A copy of all satisfactorily completed board member
339 educational certificates.
340 20. All other written records of the association not
341 specifically included in the foregoing which are related to the
342 operation of the association.
343 (c)1.a. The official records of the association are open
344 to inspection by any association member and any person
345 authorized by an association member as a representative of such
346 member at all reasonable times. The right to inspect the records
347 includes the right to make or obtain copies, at the reasonable
348 expense, if any, of the member and of the person authorized by
349 the association member as a representative of such member. A
350 renter of a unit has a right to inspect and copy only the
351 declaration of condominium, the association's bylaws and rules,
352 and the inspection reports described in ss. 553.899 and
353 718.301(4)(p). The association may adopt reasonable rules
354 regarding the frequency, time, location, notice, and manner of
355 record inspections and copying but may not require a member to
356 demonstrate any purpose or state any reason for the inspection.
357 The failure of an association to provide the records within 10
358 working days after receipt of a written request creates a
359 rebuttable presumption that the association willfully failed to
360 comply with this paragraph. A unit owner who is denied access to
361 official records is entitled to the actual damages or minimum
362 damages for the association's willful failure to comply. Minimum
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363 damages are $50 per calendar day for up to 10 days, beginning on
364 the 11th working day after receipt of the written request. The
365 failure to permit inspection entitles any person prevailing in
366 an enforcement action to recover reasonable attorney fees from
367 the person in control of the records who, directly or
368 indirectly, knowingly denied access to the records. If the
369 requested records are posted on an association's website, or are
370 available for download through an application on a mobile
371 device, the association may fulfill its obligations under this
372 paragraph by directing to the website or the application all
373 persons authorized to request access.
374 b. In response to a written request to inspect records,
375 the association must simultaneously provide to the requestor a
376 checklist of all records made available for inspection and
377 copying. The checklist must also identify any of the
378 association's official records that were not made available to
379 the requestor. An association must maintain a checklist provided
380 under this sub-subparagraph for 7 years. An association
381 delivering a checklist pursuant to this sub-subparagraph creates
382 a rebuttable presumption that the association has complied with
383 this paragraph.
384 2. A director or member of the board or association or a
385 community association manager who knowingly and, willfully or
386 intentionally, and repeatedly violates subparagraph 1. commits a
387 misdemeanor of the second degree, punishable as provided in s.
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Amendment No. 1
388 775.082 or s. 775.083, and must be removed from office and a
389 vacancy declared. For purposes of this subparagraph, the term
390 "repeatedly" means two or more violations within a 12-month
391 period.
392 3. Any person who willfully and knowingly or intentionally
393 defaces or destroys accounting records that are required by this
394 chapter to be maintained during the period for which such
395 records are required to be maintained, or who willfully and
396 knowingly or intentionally fails to create or maintain
397 accounting records that are required to be created or
398 maintained, with the intent of causing harm to the association
399 or one or more of its members, commits a misdemeanor of the
400 first degree, punishable as provided in s. 775.082 or s.
401 775.083; is personally subject to a civil penalty pursuant to s.
402 718.501(1)(d); and must be removed from office and a vacancy
403 declared.
404 4. A person who willfully and knowingly or intentionally
405 refuses to release or otherwise produce association records with
406 the intent to avoid or escape detection, arrest, trial, or
407 punishment for the commission of a crime, or to assist another
408 person with such avoidance or escape, commits a felony of the
409 third degree, punishable as provided in s. 775.082, s. 775.083,
410 or s. 775.084, and must be removed from office and a vacancy
411 declared.
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Amendment No. 1
412 5. The association shall maintain an adequate number of
413 copies of the declaration, articles of incorporation, bylaws,
414 and rules, and all amendments to each of the foregoing, as well
415 as the question and answer sheet as described in s. 718.504 and
416 the most recent annual financial statement and annual budget
417 year-end financial information required under this section, on
418 the condominium property to ensure their availability to unit
419 owners and prospective purchasers, and may charge its actual
420 costs for preparing and furnishing these documents to those
421 requesting the documents. An association shall allow a member or
422 his or her authorized representative to use a portable device,
423 including a smartphone, tablet, portable scanner, or any other
424 technology capable of scanning or taking photographs, to make an
425 electronic copy of the official records in lieu of the
426 association's providing the member or his or her authorized
427 representative with a copy of such records. The association may
428 not charge a member or his or her authorized representative for
429 the use of a portable device. Notwithstanding this paragraph,
430 the following records are not accessible to unit owners:
431 a. Any record protected by the lawyer-client privilege as
432 described in s. 90.502 and any record protected by the work-
433 product privilege, including a record prepared by an association
434 attorney or prepared at the attorney's express direction, which
435 reflects a mental impression, conclusion, litigation strategy,
436 or legal theory of the attorney or the association, and which
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Amendment No. 1
437 was prepared exclusively for civil or criminal litigation or for
438 adversarial administrative proceedings, or which was prepared in
439 anticipation of such litigation or proceedings until the
440 conclusion of the litigation or proceedings.
441 b. Information obtained by an association in connection
442 with the approval of the lease, sale, or other transfer of a
443 unit.
444 c. Personnel records of association or management company
445 employees, including, but not limited to, disciplinary, payroll,
446 health, and insurance records. For purposes of this sub-
447 subparagraph, the term "personnel records" does not include
448 written employment agreements with an association employee or
449 management company, or budgetary or financial records that
450 indicate the compensation paid to an association employee.
451 d. Medical records of unit owners.
452 e. Social security numbers, driver license numbers, credit
453 card numbers, e-mail addresses, telephone numbers, facsimile
454 numbers, emergency contact information, addresses of a unit
455 owner other than as provided to fulfill the association's notice
456 requirements, and other personal identifying information of any
457 person, excluding the person's name, unit designation, mailing
458 address, property address, and any address, e-mail address, or
459 facsimile number provided to the association to fulfill the
460 association's notice requirements. Notwithstanding the
461 restrictions in this sub-subparagraph, an association may print
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462 and distribute to unit owners a directory containing the name,
463 unit address, and all telephone numbers of each unit owner.
464 However, an owner may exclude his or her telephone numbers from
465 the directory by so requesting in writing to the association. An
466 owner may consent in writing to the disclosure of other contact
467 information described in this sub-subparagraph. The association
468 is not liable for the inadvertent disclosure of information that
469 is protected under this sub-subparagraph if the information is
470 included in an official record of the association and is
471 voluntarily provided by an owner and not requested by the
472 association.
473 f. Electronic security measures that are used by the
474 association to safeguard data, including passwords.
475 g. The software and operating system used by the
476 association which allow the manipulation of data, even if the
477 owner owns a copy of the same software used by the association.
478 The data is part of the official records of the association.
479 h. All affirmative acknowledgments made pursuant to s.
480 718.121(4)(c).
481 (13) FINANCIAL REPORTING.—Within 90 days after the end of
482 the fiscal year, or annually on a date provided in the bylaws,
483 the association shall prepare and complete, or contract for the
484 preparation and completion of, a financial report for the
485 preceding fiscal year. Within 21 days after the final financial
486 report is completed by the association or received from the
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487 third party, but not later than 120 days after the end of the
488 fiscal year or other date as provided in the bylaws, the
489 association shall deliver to each unit owner by United States
490 mail or personal delivery at the mailing address, property
491 address, e-mail address, or facsimile number provided to fulfill
492 the association's notice requirements, a copy of the most recent
493 financial report, and a notice that a copy of the most recent
494 financial report will be mailed or hand delivered to the unit
495 owner, without charge, within 5 business days after receipt of a
496 written request from the unit owner. The division shall adopt
497 rules setting forth uniform accounting principles and standards
498 to be used by all associations and addressing the financial
499 reporting requirements for multicondominium associations. The
500 rules must include, but not be limited to, standards for
501 presenting a summary of association reserves, including a good
502 faith estimate disclosing the annual amount of reserve funds
503 that would be necessary for the association to fully fund
504 reserves for each reserve item based on the straight-line
505 accounting method. This disclosure is not applicable to reserves
506 funded via the pooling method. In adopting such rules, the
507 division shall consider the number of members and annual
508 revenues of an association. Financial reports shall be prepared
509 as follows:
510 (a) An association that meets the criteria of this
511 paragraph shall prepare a complete set of financial statements
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Amendment No. 1
512 in accordance with generally accepted accounting principles. The
513 financial statements must be based upon the association's total
514 annual revenues, as follows:
515 1. An association with total annual revenues of $150,000
516 or more, but less than $300,000, shall prepare compiled
517 financial statements.
518 2. An association with total annual revenues of at least
519 $300,000, but less than $500,000, shall prepare reviewed
520 financial statements.
521 3. An association with total annual revenues of $500,000
522 or more shall prepare audited financial statements.
523 (b)1. An association with total annual revenues of less
524 than $150,000 shall prepare a report of cash receipts and
525 expenditures.
526 2. A report of cash receipts and disbursements must
527 disclose the amount of receipts by accounts and receipt
528 classifications and the amount of expenses by accounts and
529 expense classifications, including, but not limited to, the
530 following, as applicable: costs for security, professional and
531 management fees and expenses, taxes, costs for recreation
532 facilities, expenses for refuse collection and utility services,
533 expenses for lawn care, costs for building maintenance and
534 repair, insurance costs, administration and salary expenses, and
535 reserves accumulated and expended for capital expenditures,
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Amendment No. 1
536 deferred maintenance, and any other category for which the
537 association maintains reserves.
538 (c) An association may prepare, without a meeting of or
539 approval by the unit owners:
540 1. Compiled, reviewed, or audited financial statements, if
541 the association is required to prepare a report of cash receipts
542 and expenditures;
543 2. Reviewed or audited financial statements, if the
544 association is required to prepare compiled financial
545 statements; or
546 3. Audited financial statements if the association is
547 required to prepare reviewed financial statements.
548 (d) If approved by a majority of the voting interests
549 present at a properly called meeting of the association, an
550 association may prepare:
551 1. A report of cash receipts and expenditures in lieu of a
552 compiled, reviewed, or audited financial statement;
553 2. A report of cash receipts and expenditures or a
554 compiled financial statement in lieu of a reviewed or audited
555 financial statement; or
556 3. A report of cash receipts and expenditures, a compiled
557 financial statement, or a reviewed financial statement in lieu
558 of an audited financial statement.
559
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Amendment No. 1
560 Such meeting and approval must occur before the end of the
561 fiscal year and is effective only for the fiscal year in which
562 the vote is taken. An association may not prepare a financial
563 report pursuant to this paragraph for consecutive fiscal years.
564 If the developer has not turned over control of the association,
565 all unit owners, including the developer, may vote on issues
566 related to the preparation of the association's financial
567 reports, from the date of incorporation of the association
568 through the end of the second fiscal year after the fiscal year
569 in which the certificate of a surveyor and mapper is recorded
570 pursuant to s. 718.104(4)(e) or an instrument that transfers
571 title to a unit in the condominium which is not accompanied by a
572 recorded assignment of developer rights in favor of the grantee
573 of such unit is recorded, whichever occurs first. Thereafter,
574 all unit owners except the developer may vote on such issues
575 until control is turned over to the association by the
576 developer. Any audit or review prepared under this section shall
577 be paid for by the developer if done before turnover of control
578 of the association.
579 (e) A unit owner may provide written notice to the
580 division of the association's failure to mail or hand deliver
581 him or her a copy of the most recent financial report within 5
582 business days after he or she submitted a written request to the
583 association for a copy of such report. If the division
584 determines that the association failed to mail or hand deliver a
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Amendment No. 1
585 copy of the most recent financial report to the unit owner, the
586 division shall provide written notice to the association that
587 the association must mail or hand deliver a copy of the most
588 recent financial report to the unit owner and the division
589 within 5 business days after it receives such notice from the
590 division. An association that fails to comply with the
591 division's request may not waive the financial reporting
592 requirement provided in paragraph (d) for the fiscal year in
593 which the unit owner's request was made and the following fiscal
594 year. A financial report received by the division pursuant to
595 this paragraph shall be maintained, and the division shall
596 provide a copy of such report to an association member upon his
597 or her request.
598 (16) SPECIAL ASSESSMENTS AND OBTAINING LOANS.—
599 (a)1. The Legislature finds that:
600 a. Condominiums are created as authorized by statute and
601 are subject to covenants that encumber the land and restrict the
602 use of real property.
603 b. In some circumstances, the declaration, articles of
604 incorporation, or bylaws of an association restrict the
605 authority of the board of administration to levy special
606 assessments or to obtain a loan without first receiving approval
607 of the membership, which may preclude an association from
608 obtaining immediate funding to carry out its obligations to
609 perform necessary maintenance, repair, or replacement of the
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Amendment No. 1
610 condominium property as required by the milestone inspection
611 report and structural integrity reserve study report in order to
612 protect the health and safety of the unit owners and tenants of
613 the property.
614 c. It is contrary to the public policy of this state to
615 limit the ability of an association to obtain the funds needed
616 to perform necessary maintenance, repair, or replacement of the
617 condominium property as required by the milestone inspection
618 report and structural integrity reserve study report in order to
619 protect the health and safety of the unit owners and tenants of
620 the property.
621 d. It is in the best interest of this state to provide a
622 method for the boards of administration of associations to
623 obtain the funds needed to perform necessary maintenance,
624 repair, or replacement of the condominium property as required
625 by the milestone inspection report and structural integrity
626 reserve study report without the approval of the membership in
627 order to protect the health and safety of the unit owners and
628 tenants of the property.
629 2. The Legislature further finds that authorizing the
630 board of administration of an association to meet its fiduciary
631 duty, to levy special assessments, and to obtain a loan for
632 necessary maintenance, repair, or replacement of the condominium
633 property as required by the milestone inspection report and
634 structural integrity reserve study report in order to protect
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Amendment No. 1
635 the health and safety of the unit owners and tenants of the
636 property is in the public interest; that requiring an
637 association to obtain membership approval endangers the public
638 safety; and that there is a compelling state interest in
639 enabling the board of administration of an association to levy
640 special assessments and obtain loans to perform necessary
641 maintenance, repair, or replacement of the condominium property
642 as required by the milestone inspection report and structural
643 integrity reserve study report without the approval of the
644 membership in order to protect the health and safety of the unit
645 owners and tenants of the property.
646 (b) Notwithstanding any provision to the contrary
647 contained in an association's declaration, articles of
648 incorporation, or bylaws, the board of administration of an
649 association may levy special assessments and obtain a loan to
650 perform necessary maintenance, repair, or replacement of the
651 condominium property as required by the milestone inspection
652 report and structural integrity reserve study report without the
653 approval of the membership in order to protect the health and
654 safety of the unit owners and tenants of the property.
655 (c) This section applies to all condominiums in existence
656 on or after July 1, 2025, which are not controlled by the
657 developer as defined in s. 718.103 or a bulk assignee or bulk
658 buyer, as those terms are defined in s. 718.703.
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Amendment No. 1
659 Section 6. Effective January 1, 2026, paragraph (g) of
660 subsection (12) of section 718.111, Florida Statutes, as amended
661 by section 8 of 2024-244, Laws of Florida, is amended to read:
662 718.111 The association.—
663 (12) OFFICIAL RECORDS.—
664 (g)1. An association managing a condominium with 25 or
665 more units which does not contain timeshare units shall post
666 digital copies of the documents specified in subparagraph 2. on
667 its website or make such documents available through an
668 application that can be downloaded on a mobile device.
669 a. The association's website or application must be:
670 (I) An independent website, application, or web portal
671 wholly owned and operated by the association; or
672 (II) A website, application, or web portal operated by a
673 third-party provider with whom the association owns, leases,
674 rents, or otherwise obtains the right to operate a web page,
675 subpage, web portal, collection of subpages or web portals, or
676 an application which is dedicated to the association's
677 activities and on which required notices, records, and documents
678 may be posted or made available by the association.
679 b. The association's website or application must be
680 accessible through the Internet and must contain a subpage, web
681 portal, or other protected electronic location that is
682 inaccessible to the general public and accessible only to unit
683 owners and employees of the association.
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Amendment No. 1
684 c. Upon a unit owner's written request, the association
685 must provide the unit owner with a username and password and
686 access to the protected sections of the association's website or
687 application which contain any notices, records, or documents
688 that must be electronically provided.
689 2. A current copy of the following documents must be
690 posted in digital format on the association's website or
691 application:
692 a. The recorded declaration of condominium of each
693 condominium operated by the association and each amendment to
694 each declaration.
695 b. The recorded bylaws of the association and each
696 amendment to the bylaws.
697 c. The articles of incorporation of the association, or
698 other documents creating the association, and each amendment to
699 the articles of incorporation or other documents. The copy
700 posted pursuant to this sub-subparagraph must be a copy of the
701 articles of incorporation filed with the Department of State.
702 d. The rules of the association.
703 e. The approved minutes of all meetings of the board of
704 administration over the preceding 12 months.
705 f.e. A list of all executory contracts or documents to
706 which the association is a party or under which the association
707 or the unit owners have an obligation or responsibility and,
708 after bidding for the related materials, equipment, or services
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Amendment No. 1
709 has closed, a list of bids received by the association within
710 the past year. Summaries of bids for materials, equipment, or
711 services which exceed $500 must be maintained on the website or
712 application for 1 year. In lieu of summaries, complete copies of
713 the bids may be posted.
714 g.f. The annual budget required by s. 718.112(2)(f) and
715 any proposed budget to be considered at the annual meeting.
716 h.g. The financial report required by subsection (13) and
717 any monthly income or expense statement to be considered at a
718 meeting.
719 i.h. The certification of each director required by s.
720 718.112(2)(d)4.b.
721 j.i. All contracts or transactions between the association
722 and any director, officer, corporation, firm, or association
723 that is not an affiliated condominium association or any other
724 entity in which an association director is also a director or
725 officer and financially interested.
726 k.j. Any contract or document regarding a conflict of
727 interest or possible conflict of interest as provided in ss.
728 468.4335, 468.436(2)(b)6., and 718.3027(3).
729 l.k. The notice of any unit owner meeting and the agenda
730 for the meeting, as required by s. 718.112(2)(d)3., no later
731 than 14 days before the meeting. The notice must be posted in
732 plain view on the front page of the website or application, or
733 on a separate subpage of the website or application labeled
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Amendment No. 1
734 "Notices" which is conspicuously visible and linked from the
735 front page. The association must also post on its website or
736 application any document to be considered and voted on by the
737 owners during the meeting or any document listed on the agenda
738 at least 7 days before the meeting at which the document or the
739 information within the document will be considered.
740 m.l. Notice of any board meeting, the agenda, and any
741 other document required for the meeting as required by s.
742 718.112(2)(c), which must be posted no later than the date
743 required for notice under s. 718.112(2)(c).
744 n.m. The inspection reports described in ss. 553.899 and
745 718.301(4)(p) and any other inspection report relating to a
746 structural or life safety inspection of condominium property.
747 o.n. The association's most recent structural integrity
748 reserve study, if applicable.
749 p. Copies of all assessments and special assessments for
750 the previous 2 years and an itemized list indicating which
751 assessments and special assessments are related to the milestone
752 inspection report as provided under s. 553.899 and which
753 assessments and special assessments are related to the
754 association's most recent structural integrity reserve study, if
755 applicable.
756 q.o. Copies of all building permits issued for ongoing or
757 planned construction.
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Amendment No. 1
758 3. The association shall ensure that the information and
759 records described in paragraph (c), which are not allowed to be
760 accessible to unit owners, are not posted on the association's
761 website or application. If protected information or information
762 restricted from being accessible to unit owners is included in
763 documents that are required to be posted on the association's
764 website or application, the association shall ensure the
765 information is redacted before posting the documents.
766 Notwithstanding the foregoing, the association or its agent is
767 not liable for disclosing information that is protected or
768 restricted under this paragraph unless such disclosure was made
769 with a knowing or intentional disregard of the protected or
770 restricted nature of such information.
771 4. The failure of the association to post information
772 required under subparagraph 2. is not in and of itself
773 sufficient to invalidate any action or decision of the
774 association's board or its committees.
775 Section 7. Paragraphs (c), (d), (f), (g), (l), and (p) of
776 subsection (2) of section 718.112, Florida Statutes, are
777 amended, and paragraph (m) of that subsection is republished, to
778 read:
779 718.112 Bylaws.—
780 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
781 following and, if they do not do so, shall be deemed to include
782 the following:
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Amendment No. 1
783 (c) Board of administration meetings.—In a residential
784 condominium association of more than 10 units, the board of
785 administration shall meet at least once each quarter. At least
786 four times each year, the meeting agenda must include an
787 opportunity for members to ask questions of the board, including
788 questions relating to the status of any construction or repair
789 projects, the status of all revenue and expenditures during the
790 current fiscal year, and any other issues affecting the
791 condominium. Meetings of the board of administration at which a
792 quorum of the members is present are open to all unit owners.
793 Members of the board of administration may use e-mail as a means
794 of communication but may not cast a vote on an association
795 matter via e-mail. A unit owner may tape record or videotape the
796 meetings. The right to attend such meetings includes the right
797 to speak at such meetings with reference to all designated
798 agenda items and the right to ask questions relating to reports
799 on the status of construction or repair projects, the status of
800 revenues and expenditures during the current fiscal year, and
801 other issues affecting the condominium. The division shall adopt
802 reasonable rules governing the tape recording and videotaping of
803 the meeting. The association may adopt written reasonable rules
804 governing the frequency, duration, and manner of unit owner
805 statements and questions.
806 1. Adequate notice of all board meetings, which must
807 specifically identify all agenda items, must be posted
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808 conspicuously on the condominium property at least 48 continuous
809 hours before the meeting except in an emergency. If 20 percent
810 of the voting interests petition the board to address an item of
811 business, the board, within 60 days after receipt of the
812 petition, shall place the item on the agenda at its next regular
813 board meeting or at a special meeting called for that purpose.
814 An item not included on the notice may be taken up on an
815 emergency basis by a vote of at least a majority plus one of the
816 board members. Such emergency action must be noticed and
817 ratified at the next regular board meeting. Written notice of a
818 meeting at which a nonemergency special assessment or an
819 amendment to rules regarding unit use will be considered must be
820 mailed, delivered, or electronically transmitted to the unit
821 owners and posted conspicuously on the condominium property at
822 least 14 days before the meeting. Evidence of compliance with
823 this 14-day notice requirement must be made by an affidavit
824 executed by the person providing the notice and filed with the
825 official records of the association.
826 2. Upon notice to the unit owners, the board shall, by
827 duly adopted rule, designate a specific location on the
828 condominium property at which all notices of board meetings must
829 be posted. If there is no condominium property at which notices
830 can be posted, notices shall be mailed, delivered, or
831 electronically transmitted to each unit owner at least 14 days
832 before the meeting. In lieu of or in addition to the physical
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833 posting of the notice on the condominium property, the
834 association may, by reasonable rule, adopt a procedure for
835 conspicuously posting and repeatedly broadcasting the notice and
836 the agenda on a closed-circuit cable television system serving
837 the condominium association. However, if broadcast notice is
838 used in lieu of a notice physically posted on condominium
839 property, the notice and agenda must be broadcast at least four
840 times every broadcast hour of each day that a posted notice is
841 otherwise required under this section. If broadcast notice is
842 provided, the notice and agenda must be broadcast in a manner
843 and for a sufficient continuous length of time so as to allow an
844 average reader to observe the notice and read and comprehend the
845 entire content of the notice and the agenda. In addition to any
846 of the authorized means of providing notice of a meeting of the
847 board, the association may, by rule, adopt a procedure for
848 conspicuously posting the meeting notice and the agenda on a
849 website serving the condominium association for at least the
850 minimum period of time for which a notice of a meeting is also
851 required to be physically posted on the condominium property.
852 Any rule adopted shall, in addition to other matters, include a
853 requirement that the association send an electronic notice in
854 the same manner as a notice for a meeting of the members, which
855 must include a hyperlink to the website at which the notice is
856 posted, to unit owners whose e-mail addresses are included in
857 the association's official records.
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858 3. Notice of any meeting in which regular or special
859 assessments against unit owners are to be considered must
860 specifically state that assessments will be considered and
861 provide the estimated cost and description of the purposes for
862 such assessments. If an agenda item relates to the approval of a
863 contract for goods or services, a copy of the contract must be
864 provided with the notice and be made available for inspection
865 and copying upon a written request from a unit owner or made
866 available on the association's website or through an application
867 that can be downloaded on a mobile device.
868 4. Meetings of a committee to take final action on behalf
869 of the board or make recommendations to the board regarding the
870 association budget are subject to this paragraph. Meetings of a
871 committee that does not take final action on behalf of the board
872 or make recommendations to the board regarding the association
873 budget are subject to this section, unless those meetings are
874 exempted from this section by the bylaws of the association.
875 5. Notwithstanding any other law, the requirement that
876 board meetings and committee meetings be open to the unit owners
877 does not apply to:
878 a. Meetings between the board or a committee and the
879 association's attorney, with respect to proposed or pending
880 litigation, if the meeting is held for the purpose of seeking or
881 rendering legal advice; or
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882 b. Board meetings held for the purpose of discussing
883 personnel matters.
884 (d) Unit owner meetings.—
885 1. An annual meeting of the unit owners must be held at
886 the location provided in the association bylaws and, if the
887 bylaws are silent as to the location, the meeting must be held
888 within 45 miles of the condominium property. However, such
889 distance requirement does not apply to an association governing
890 a timeshare condominium.
891 2. Unless the bylaws provide otherwise, a vacancy on the
892 board caused by the expiration of a director's term must be
893 filled by electing a new board member, and the election must be
894 by secret ballot. An election is not required if the number of
895 vacancies equals or exceeds the number of candidates. For
896 purposes of this paragraph, the term "candidate" means an
897 eligible person who has timely submitted the written notice, as
898 described in sub-subparagraph 4.a., of his or her intention to
899 become a candidate. Except in a timeshare or nonresidential
900 condominium, or if the staggered term of a board member does not
901 expire until a later annual meeting, or if all members' terms
902 would otherwise expire but there are no candidates, the terms of
903 all board members expire at the annual meeting, and such members
904 may stand for reelection unless prohibited by the bylaws. Board
905 members may serve terms longer than 1 year if permitted by the
906 bylaws or articles of incorporation. A board member may not
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907 serve more than 8 consecutive years unless approved by an
908 affirmative vote of unit owners representing two-thirds of all
909 votes cast in the election or unless there are not enough
910 eligible candidates to fill the vacancies on the board at the
911 time of the vacancy. Only board service that occurs on or after
912 July 1, 2018, may be used when calculating a board member's term
913 limit. If the number of board members whose terms expire at the
914 annual meeting equals or exceeds the number of candidates, the
915 candidates become members of the board effective upon the
916 adjournment of the annual meeting. Unless the bylaws provide
917 otherwise, any remaining vacancies shall be filled by the
918 affirmative vote of the majority of the directors making up the
919 newly constituted board even if the directors constitute less
920 than a quorum or there is only one director. In a residential
921 condominium association of more than 10 units or in a
922 residential condominium association that does not include
923 timeshare units or timeshare interests, co-owners of a unit may
924 not serve as members of the board of directors at the same time
925 unless they own more than one unit or unless there are not
926 enough eligible candidates to fill the vacancies on the board at
927 the time of the vacancy. A unit owner in a residential
928 condominium desiring to be a candidate for board membership must
929 comply with sub-subparagraph 4.a. and must be eligible to be a
930 candidate to serve on the board of directors at the time of the
931 deadline for submitting a notice of intent to run in order to
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932 have his or her name listed as a proper candidate on the ballot
933 or to serve on the board. A person who has been suspended or
934 removed by the division under this chapter, or who is delinquent
935 in the payment of any assessment due to the association, is not
936 eligible to be a candidate for board membership and may not be
937 listed on the ballot. For purposes of this paragraph, a person
938 is delinquent if a payment is not made by the due date as
939 specifically identified in the declaration of condominium,
940 bylaws, or articles of incorporation. If a due date is not
941 specifically identified in the declaration of condominium,
942 bylaws, or articles of incorporation, the due date is the first
943 day of the assessment period. A person who has been convicted of
944 any felony in this state or in a United States District or
945 Territorial Court, or who has been convicted of any offense in
946 another jurisdiction which would be considered a felony if
947 committed in this state, is not eligible for board membership
948 unless such felon's civil rights have been restored for at least
949 5 years as of the date such person seeks election to the board.
950 The validity of an action by the board is not affected if it is
951 later determined that a board member is ineligible for board
952 membership due to having been convicted of a felony. This
953 subparagraph does not limit the term of a member of the board of
954 a nonresidential or timeshare condominium.
955 3. The bylaws must provide the method of calling meetings
956 of unit owners, including annual meetings. Written notice of an
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957 annual meeting must include an agenda; be mailed, hand
958 delivered, or electronically transmitted to each unit owner at
959 least 14 days before the annual meeting; and be posted in a
960 conspicuous place on the condominium property or association
961 property at least 14 continuous days before the annual meeting.
962 Written notice of a meeting other than an annual meeting must
963 include an agenda; be mailed, hand delivered, or electronically
964 transmitted to each unit owner; and be posted in a conspicuous
965 place on the condominium property or association property within
966 the timeframe specified in the bylaws. If the bylaws do not
967 specify a timeframe for written notice of a meeting other than
968 an annual meeting, notice must be provided at least 14
969 continuous days before the meeting. Upon notice to the unit
970 owners, the board shall, by duly adopted rule, designate a
971 specific location on the condominium property or association
972 property at which all notices of unit owner meetings must be
973 posted. This requirement does not apply if there is no
974 condominium property for posting notices. In lieu of, or in
975 addition to, the physical posting of meeting notices, the
976 association may, by reasonable rule, adopt a procedure for
977 conspicuously posting and repeatedly broadcasting the notice and
978 the agenda on a closed-circuit cable television system serving
979 the condominium association. However, if broadcast notice is
980 used in lieu of a notice posted physically on the condominium
981 property, the notice and agenda must be broadcast at least four
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982 times every broadcast hour of each day that a posted notice is
983 otherwise required under this section. If broadcast notice is
984 provided, the notice and agenda must be broadcast in a manner
985 and for a sufficient continuous length of time so as to allow an
986 average reader to observe the notice and read and comprehend the
987 entire content of the notice and the agenda. In addition to any
988 of the authorized means of providing notice of a meeting of the
989 board, the association may, by rule, adopt a procedure for
990 conspicuously posting the meeting notice and the agenda on a
991 website serving the condominium association for at least the
992 minimum period of time for which a notice of a meeting is also
993 required to be physically posted on the condominium property.
994 Any rule adopted shall, in addition to other matters, include a
995 requirement that the association send an electronic notice in
996 the same manner as a notice for a meeting of the members, which
997 must include a hyperlink to the website at which the notice is
998 posted, to unit owners whose e-mail addresses are included in
999 the association's official records. Unless a unit owner waives
1000 in writing the right to receive notice of the annual meeting,
1001 such notice must be hand delivered, mailed, or electronically
1002 transmitted to each unit owner. Notice for meetings and notice
1003 for all other purposes must be mailed to each unit owner at the
1004 address last furnished to the association by the unit owner, or
1005 hand delivered to each unit owner. However, if a unit is owned
1006 by more than one person, the association must provide notice to
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1007 the address that the developer identifies for that purpose and
1008 thereafter as one or more of the owners of the unit advise the
1009 association in writing, or if no address is given or the owners
1010 of the unit do not agree, to the address provided on the deed of
1011 record. An officer of the association, or the manager or other
1012 person providing notice of the association meeting, must provide
1013 an affidavit or United States Postal Service certificate of
1014 mailing, to be included in the official records of the
1015 association affirming that the notice was mailed or hand
1016 delivered in accordance with this provision.
1017 4. The members of the board of a residential condominium
1018 shall be elected by written ballot or voting machine. Proxies
1019 may not be used in electing the board in general elections or
1020 elections to fill vacancies caused by recall, resignation, or
1021 otherwise, unless otherwise provided in this chapter. This
1022 subparagraph does not apply to an association governing a
1023 timeshare condominium.
1024 a. At least 60 days before a scheduled election, the
1025 association shall mail, deliver, or electronically transmit, by
1026 separate association mailing or included in another association
1027 mailing, delivery, or transmission, including regularly
1028 published newsletters, to each unit owner entitled to a vote, a
1029 first notice of the date of the election. A unit owner or other
1030 eligible person desiring to be a candidate for the board must
1031 give written notice of his or her intent to be a candidate to
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1032 the association at least 40 days before a scheduled election.
1033 Together with the written notice and agenda as set forth in
1034 subparagraph 3., the association shall mail, deliver, or
1035 electronically transmit a second notice of the election to all
1036 unit owners entitled to vote, together with a ballot that lists
1037 all candidates not less than 14 days or more than 34 days before
1038 the date of the election. Upon request of a candidate, an
1039 information sheet, no larger than 8 1/2 inches by 11 inches,
1040 which must be furnished by the candidate at least 35 days before
1041 the election, must be included with the mailing, delivery, or
1042 transmission of the ballot, with the costs of mailing, delivery,
1043 or electronic transmission and copying to be borne by the
1044 association. The association is not liable for the contents of
1045 the information sheets prepared by the candidates. In order to
1046 reduce costs, the association may print or duplicate the
1047 information sheets on both sides of the paper. The division
1048 shall by rule establish voting procedures consistent with this
1049 sub-subparagraph, including rules establishing procedures for
1050 giving notice by electronic transmission and rules providing for
1051 the secrecy of ballots. Elections shall be decided by a
1052 plurality of ballots cast. There is no quorum requirement;
1053 however, at least 20 percent of the eligible voters must cast a
1054 ballot in order to have a valid election. A unit owner may not
1055 authorize any other person to vote his or her ballot, and any
1056 ballots improperly cast are invalid. A unit owner who violates
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1057 this provision may be fined by the association in accordance
1058 with s. 718.303. A unit owner who needs assistance in casting
1059 the ballot for the reasons stated in s. 101.051 may obtain such
1060 assistance. The regular election must occur on the date of the
1061 annual meeting. Notwithstanding this sub-subparagraph, an
1062 election is not required unless more candidates file notices of
1063 intent to run or are nominated than board vacancies exist.
1064 b. A director of a board of an association of a
1065 residential condominium shall:
1066 (I) Certify in writing to the secretary of the association
1067 that he or she has read the association's declaration of
1068 condominium, articles of incorporation, bylaws, and current
1069 written policies; that he or she will work to uphold such
1070 documents and policies to the best of his or her ability; and
1071 that he or she will faithfully discharge his or her fiduciary
1072 responsibility to the association's members.
1073 (II) Submit to the secretary of the association a
1074 certificate of having satisfactorily completed the educational
1075 curriculum administered by the division or a division-approved
1076 condominium education provider. The educational curriculum must
1077 be at least 4 hours long and include instruction on milestone
1078 inspections, structural integrity reserve studies, elections,
1079 recordkeeping, financial literacy and transparency, levying of
1080 fines, and notice and meeting requirements.
1081
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1082 Each newly elected or appointed director must submit to the
1083 secretary of the association the written certification and
1084 educational certificate within 1 year before being elected or
1085 appointed or 90 days after the date of election or appointment.
1086 A director of an association of a residential condominium who
1087 was elected or appointed before July 1, 2024, must comply with
1088 the written certification and educational certificate
1089 requirements in this sub-subparagraph by June 30, 2025. The
1090 written certification and educational certificate is valid for 7
1091 years after the date of issuance and does not have to be
1092 resubmitted as long as the director serves on the board without
1093 interruption during the 7-year period. A director who is
1094 appointed by the developer may satisfy the educational
1095 certificate requirement in sub-sub-subparagraph (II) for any
1096 subsequent appointment to a board by a developer within 7 years
1097 after the date of issuance of the most recent educational
1098 certificate, including any interruption of service on a board or
1099 appointment to a board in another association within that 7-year
1100 period. One year after submission of the most recent written
1101 certification and educational certificate, and annually
1102 thereafter, a director of an association of a residential
1103 condominium must submit to the secretary of the association a
1104 certificate of having satisfactorily completed at least 1 hour
1105 of continuing education administered by the division, or a
1106 division-approved condominium education provider, relating to
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1107 any recent changes to this chapter and the related
1108 administrative rules during the past year. A director of an
1109 association of a residential condominium who fails to timely
1110 file the written certification and educational certificate is
1111 suspended from service on the board until he or she complies
1112 with this sub-subparagraph. The board may temporarily fill the
1113 vacancy during the period of suspension. The secretary shall
1114 cause the association to retain a director's written
1115 certification and educational certificate for inspection by the
1116 members for 7 years after a director's election or the duration
1117 of the director's uninterrupted tenure, whichever is longer.
1118 Failure to have such written certification and educational
1119 certificate on file does not affect the validity of any board
1120 action.
1121 c. Any challenge to the election process must be commenced
1122 within 60 days after the election results are announced.
1123 5. Any approval by unit owners called for by this chapter
1124 or the applicable declaration or bylaws, including, but not
1125 limited to, the approval requirement in s. 718.111(8), must be
1126 made at a duly noticed meeting of unit owners and is subject to
1127 all requirements of this chapter or the applicable condominium
1128 documents relating to unit owner decisionmaking, except that
1129 unit owners may take action by written agreement, without
1130 meetings, on matters for which action by written agreement
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Amendment No. 1
1131 without meetings is expressly allowed by the applicable bylaws
1132 or declaration or any law that provides for such action.
1133 6. Unit owners may waive notice of specific meetings if
1134 allowed by the applicable bylaws or declaration or any law.
1135 Notice of meetings of the board of administration; unit owner
1136 meetings, except unit owner meetings called to recall board
1137 members under paragraph (l); and committee meetings may be given
1138 by electronic transmission to unit owners who consent to receive
1139 notice by electronic transmission. A unit owner who consents to
1140 receiving notices by electronic transmission is solely
1141 responsible for removing or bypassing filters that block receipt
1142 of mass e-mails sent to members on behalf of the association in
1143 the course of giving electronic notices.
1144 7. Unit owners have the right to participate in meetings
1145 of unit owners with reference to all designated agenda items.
1146 However, the association may adopt reasonable rules governing
1147 the frequency, duration, and manner of unit owner participation.
1148 8. A unit owner may tape record or videotape a meeting of
1149 the unit owners subject to reasonable rules adopted by the
1150 division.
1151 9. Unless otherwise provided in the bylaws, any vacancy
1152 occurring on the board before the expiration of a term may be
1153 filled by the affirmative vote of the majority of the remaining
1154 directors, even if the remaining directors constitute less than
1155 a quorum, or by the sole remaining director. In the alternative,
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1156 a board may hold an election to fill the vacancy, in which case
1157 the election procedures must conform to sub-subparagraph 4.a.
1158 unless the association governs 10 units or fewer and has opted
1159 out of the statutory election process, in which case the bylaws
1160 of the association control. Unless otherwise provided in the
1161 bylaws, a board member appointed or elected under this section
1162 shall fill the vacancy for the unexpired term of the seat being
1163 filled. Filling vacancies created by recall is governed by
1164 paragraph (l) and rules adopted by the division.
1165 10. This chapter does not limit the use of general or
1166 limited proxies, require the use of general or limited proxies,
1167 or require the use of a written ballot or voting machine for any
1168 agenda item or election at any meeting of a timeshare
1169 condominium association or nonresidential condominium
1170 association.
1171
1172 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1173 association of 10 or fewer units may, by affirmative vote of a
1174 majority of the total voting interests, provide for different
1175 voting and election procedures in its bylaws, which may be by a
1176 proxy specifically delineating the different voting and election
1177 procedures. The different voting and election procedures may
1178 provide for elections to be conducted by limited or general
1179 proxy. Notwithstanding sub-subparagraph 4.a., an association
1180 operating a nonresidential condominium may provide for different
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1181 voting and election procedures in its bylaws, or by an amendment
1182 to its bylaws, which may include alternative notice requirements
1183 and voting by limited or general proxy.
1184 (f) Annual budget.—
1185 1. The proposed annual budget of estimated revenues and
1186 expenses must be detailed and must show the amounts budgeted by
1187 accounts and expense classifications, including, at a minimum,
1188 any applicable expenses listed in s. 718.504(21). The board
1189 shall adopt the annual budget at least 14 days before the start
1190 of the association's fiscal year. In the event that the board
1191 fails to timely adopt the annual budget a second time, it is
1192 deemed a minor violation and the prior year's budget shall
1193 continue in effect until a new budget is adopted. A
1194 multicondominium association must adopt a separate budget of
1195 common expenses for each condominium the association operates
1196 and must adopt a separate budget of common expenses for the
1197 association. In addition, if the association maintains limited
1198 common elements with the cost to be shared only by those
1199 entitled to use the limited common elements as provided for in
1200 s. 718.113(1), the budget or a schedule attached to it must show
1201 the amount budgeted for this maintenance. If, after turnover of
1202 control of the association to the unit owners, any of the
1203 expenses listed in s. 718.504(21) are not applicable, they do
1204 not need to be listed.
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1205 2.a. In addition to annual operating expenses, the budget
1206 must include reserve accounts for capital expenditures and
1207 deferred maintenance. These accounts must include, but are not
1208 limited to, roof replacement, building painting, and pavement
1209 resurfacing, regardless of the amount of deferred maintenance
1210 expense or replacement cost, and any other item that has a
1211 deferred maintenance expense or replacement cost that exceeds
1212 $25,000 $10,000. The amount to be reserved must be computed
1213 using a formula based upon estimated remaining useful life and
1214 estimated replacement cost or deferred maintenance expense of
1215 the reserve item. In a budget adopted by an association that is
1216 required to obtain a structural integrity reserve study,
1217 reserves must be maintained for the items identified in
1218 paragraph (g) for which the association is responsible pursuant
1219 to the declaration of condominium, and the reserve amount for
1220 such items must be based on the findings and recommendations of
1221 the association's most recent structural integrity reserve
1222 study. If the total voting interests of the association vote to
1223 terminate the condominium in accordance with s. 718.117, the
1224 members may vote to waive the maintenance of reserves
1225 recommended by the association's most recent structural
1226 integrity reserve study. With respect to items for which an
1227 estimate of useful life is not readily ascertainable or with an
1228 estimated remaining useful life of greater than 25 years, an
1229 association is not required to reserve replacement costs for
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1230 such items, but an association must reserve the amount of
1231 deferred maintenance expense, if any, which is recommended by
1232 the structural integrity reserve study for such items. The
1233 association may adjust replacement reserve assessments annually
1234 to take into account an inflation adjustment and any changes in
1235 estimates or extension of the useful life of a reserve item
1236 caused by deferred maintenance. The members of a unit-owner-
1237 controlled association may determine, by a majority vote of the
1238 total voting interests of the association, to provide no
1239 reserves or less reserves than required by this subsection. For
1240 a budget adopted on or after December 31, 2024, the members of a
1241 unit-owner-controlled association that must obtain a structural
1242 integrity reserve study may not determine to provide no reserves
1243 or less reserves than required by this subsection for items
1244 listed in paragraph (g), except that members of an association
1245 operating a multicondominium may determine to provide no
1246 reserves or less reserves than required by this subsection if an
1247 alternative funding method has been approved by the division. If
1248 the local building official, as defined in s. 468.603,
1249 determines that the entire condominium building is uninhabitable
1250 due to a natural emergency, as defined in s. 252.34, the board,
1251 upon the approval of a majority of its members, may pause the
1252 contribution to its reserves or reduce reserve funding until the
1253 local building official determines that the condominium building
1254 is habitable. Any reserve account funds held by the association
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Amendment No. 1
1255 may be expended, pursuant to the board's determination, to make
1256 the condominium building and its structures habitable. Upon the
1257 determination by the local building official that the
1258 condominium building is habitable, the association must
1259 immediately resume contributing funds to its reserves.
1260 b. Before turnover of control of an association by a
1261 developer to unit owners other than a developer under s.
1262 718.301, the developer-controlled association may not vote to
1263 waive the reserves or reduce funding of the reserves. If a
1264 meeting of the unit owners has been called to determine whether
1265 to waive or reduce the funding of reserves and no such result is
1266 achieved or a quorum is not attained, the reserves included in
1267 the budget shall go into effect. After the turnover, the
1268 developer may vote its voting interest to waive or reduce the
1269 funding of reserves.
1270 c. The members of a unit-owner-controlled association may
1271 approve, by a majority vote of the total voting interests of the
1272 association, the provision of a secured line of credit to meet
1273 the reserve funding schedule recommended by a structural
1274 integrity reserve study. Before voting to secure a line of
1275 credit as authorized in this sub-subparagraph, the association
1276 must provide notice to each member of the association indicating
1277 that the association will charge the members an assessment in
1278 the future if the members decline to annually fund all reserves
1279 and instead secure a line of credit. Such notice must provide
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Amendment No. 1
1280 the projected amount of such assessment in each future year. The
1281 department shall adopt rules to implement this sub-subparagraph.
1282 3. Reserve funds and any interest accruing thereon shall
1283 remain in the reserve account or accounts, and may be used only
1284 for authorized reserve expenditures unless their use for other
1285 purposes is approved in advance by a majority vote of all the
1286 total voting interests of the association. Before turnover of
1287 control of an association by a developer to unit owners other
1288 than the developer pursuant to s. 718.301, the developer-
1289 controlled association may not vote to use reserves for purposes
1290 other than those for which they were intended. For a budget
1291 adopted on or after December 31, 2024, members of a unit-owner-
1292 controlled association that must obtain a structural integrity
1293 reserve study may not vote to use reserve funds, or any interest
1294 accruing thereon, for any other purpose other than the
1295 replacement or deferred maintenance costs of the components
1296 listed in paragraph (g). A vote of the members is not required
1297 to create the reserve account or accounts in accordance with the
1298 most recent structural integrity reserve study.
1299 4. The only voting interests that are eligible to vote on
1300 questions that involve waiving or reducing the funding of
1301 reserves, or using existing reserve funds for purposes other
1302 than purposes for which the reserves were intended, are the
1303 voting interests of the units subject to assessment to fund the
1304 reserves in question. Proxy questions relating to waiving or
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Amendment No. 1
1305 reducing the funding of reserves or using existing reserve funds
1306 for purposes other than purposes for which the reserves were
1307 intended must contain the following statement in capitalized,
1308 bold letters in a font size larger than any other used on the
1309 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1310 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1311 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1312 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1313 5. An association's reserve accounts may be pooled for two
1314 or more required components. Reserve funding for components
1315 listed in paragraph (g) may only be pooled with other components
1316 listed in paragraph (g). The reserve funding indicated in the
1317 proposed annual budget must be sufficient to ensure that
1318 available funds meet or exceed projected expenses for all
1319 components in the reserve pool based on the most recent
1320 structural integrity reserve study.
1321 (g) Structural integrity reserve study.—
1322 1. A residential condominium association must have a
1323 structural integrity reserve study completed at least every 10
1324 years after the condominium's creation for each building on the
1325 condominium property that is three habitable stories or higher
1326 in height, as determined by the Florida Building Code, which
1327 includes, at a minimum, a study of the following items as
1328 related to the structural integrity and safety of the building:
1329 a. Roof.
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Amendment No. 1
1330 b. Structure, including load-bearing walls and other
1331 primary structural members and primary structural systems as
1332 those terms are defined in s. 627.706.
1333 c. Fireproofing and fire protection systems.
1334 d. Plumbing.
1335 e. Electrical systems.
1336 f. Waterproofing and exterior painting.
1337 g. Windows and exterior doors.
1338 h. Any other item that has a deferred maintenance expense
1339 or replacement cost that exceeds $25,000 $10,000 and the failure
1340 to replace or maintain such item negatively affects the items
1341 listed in sub-subparagraphs a.-g., as determined by the visual
1342 inspection portion of the structural integrity reserve study.
1343 The base amount of the expense or replacement cost referenced in
1344 this sub-subparagraph must be modified annually based on the
1345 Consumer Price Index for All Urban Consumers released in
1346 January. By February 1 of each year, the department must
1347 conspicuously post on its website the revised expense or
1348 replacement cost for all items that must be included in the
1349 structural integrity reserve study pursuant to this sub-
1350 subparagraph.
1351 2. A structural integrity reserve study is based on a
1352 visual inspection of the condominium property. A structural
1353 integrity reserve study may be performed by any person qualified
1354 to perform such study. However, the visual inspection portion of
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Amendment No. 1
1355 the structural integrity reserve study must be performed or
1356 verified by an engineer licensed under chapter 471, an architect
1357 licensed under chapter 481, or a person certified as a reserve
1358 specialist or professional reserve analyst by the Community
1359 Associations Institute or the Association of Professional
1360 Reserve Analysts. It is a conflict of interest for any person
1361 who performs a structural integrity reserve study or a milestone
1362 inspection under s. 553.899 to provide or contract to provide
1363 services for the repair or replacement of the condominium
1364 property that was the subject of such structural integrity
1365 reserve study or milestone inspection, or to have a financial
1366 interest with the person or entity providing the repair or
1367 replacement services.
1368 3. At a minimum, a structural integrity reserve study must
1369 identify each item of the condominium property being visually
1370 inspected, state the estimated remaining useful life and the
1371 estimated replacement cost or deferred maintenance expense of
1372 each item of the condominium property being visually inspected,
1373 and provide a reserve funding schedule with a recommended annual
1374 reserve amount that achieves the estimated replacement cost or
1375 deferred maintenance expense of each item of condominium
1376 property being visually inspected by the end of the estimated
1377 remaining useful life of the item. The structural integrity
1378 reserve study may recommend that reserves do not need to be
1379 maintained for any item for which an estimate of useful life and
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Amendment No. 1
1380 an estimate of replacement cost cannot be determined, or the
1381 study may recommend a deferred maintenance expense amount for
1382 such item. The structural integrity reserve study may recommend
1383 that reserves for replacement costs do not need to be maintained
1384 for any item with an estimated remaining useful life of greater
1385 than 25 years, but the study may recommend a deferred
1386 maintenance expense amount for such item.
1387 4. This paragraph does not apply to buildings less than
1388 three stories in height; single-family, two-family, or three-
1389 family, or four-family dwellings with three or fewer habitable
1390 stories above ground; any portion or component of a building
1391 that has not been submitted to the condominium form of
1392 ownership; or any portion or component of a building that is
1393 maintained by a party other than the association.
1394 5. Before a developer turns over control of an association
1395 to unit owners other than the developer, the developer must have
1396 a turnover inspection report in compliance with s. 718.301(4)(p)
1397 and (q) for each building on the condominium property that is
1398 three stories or higher in height.
1399 6. Associations existing on or before July 1, 2022, which
1400 are controlled by unit owners other than the developer, must
1401 have a structural integrity reserve study completed by December
1402 31, 2024, for each building on the condominium property that is
1403 three stories or higher in height. An association that is
1404 required to complete a milestone inspection in accordance with
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Amendment No. 1
1405 s. 553.899 on or before December 31, 2026, may complete the
1406 structural integrity reserve study simultaneously with the
1407 milestone inspection. In no event may the structural integrity
1408 reserve study be completed after December 31, 2026.
1409 7. If the milestone inspection required by s. 553.899, or
1410 an inspection completed for a similar local requirement, was
1411 performed within the past 5 years and meets the requirements of
1412 this paragraph, such inspection may be used in place of the
1413 visual inspection portion of the structural integrity reserve
1414 study.
1415 8. If the officers or directors of an association
1416 willfully and knowingly fail to complete a structural integrity
1417 reserve study pursuant to this paragraph, such failure is a
1418 breach of an officer's and director's fiduciary relationship to
1419 the unit owners under s. 718.111(1). An officer or director of
1420 an association must sign an affidavit acknowledging receipt of
1421 the completed structural integrity reserve study.
1422 9. Within 45 days after receiving the structural integrity
1423 reserve study, the association must distribute a copy of the
1424 study to each unit owner or deliver to each unit owner a notice
1425 that the completed study is available for inspection and copying
1426 upon a written request. Distribution of a copy of the study or
1427 notice must be made by United States mail or personal delivery
1428 to the mailing address, property address, or any other address
1429 of the owner provided to fulfill the association's notice
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Amendment No. 1
1430 requirements under this chapter, or by electronic transmission
1431 to the e-mail address or facsimile number provided to fulfill
1432 the association's notice requirements to unit owners who
1433 previously consented to receive notice by electronic
1434 transmission.
1435 10. Within 45 days after receiving the structural
1436 integrity reserve study, the association must provide the
1437 division with a statement indicating that the study was
1438 completed and that the association provided or made available
1439 such study to each unit owner in accordance with this section.
1440 The statement must be provided to the division in the manner
1441 established by the division using a form posted on the
1442 division's website.
1443 11. By October 1, 2025, the Department of Business and
1444 Professional Regulation shall initiate rulemaking to:
1445 a. Adopt by rule, in coordination with the Florida
1446 Building Commission, the form to be used for the structural
1447 integrity reserve study.
1448 b. Adopt by rule criteria for determining the estimated
1449 useful life of the building components identified in
1450 subparagraph 1.
1451 (l) Recall of board members.—Subject to s. 718.301, any
1452 member of the board of administration may be recalled and
1453 removed from office with or without cause by the vote or
1454 agreement in writing by a majority of all the voting interests.
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Amendment No. 1
1455 A voting interest of the condominium may not be suspended when
1456 voting to recall a member of the board of administration and any
1457 prior suspension of voting rights pursuant to s. 718.303(5)
1458 shall have no effect on a recall vote A special meeting of the
1459 unit owners to recall a member or members of the board of
1460 administration may be called by 10 percent of the voting
1461 interests giving notice of the meeting as required for a meeting
1462 of unit owners, and the notice shall state the purpose of the
1463 meeting. Electronic transmission may not be used as a method of
1464 giving notice of a meeting called in whole or in part for this
1465 purpose.
1466 1. If the recall is approved by a majority of all voting
1467 interests by a vote at a meeting, the recall will be effective
1468 as provided in this paragraph. The board shall duly notice and
1469 hold a board meeting within 5 full business days after the
1470 adjournment of the unit owner meeting to recall one or more
1471 board members. Such member or members shall be recalled
1472 effective immediately upon conclusion of the board meeting,
1473 provided that the recall is facially valid. A recalled member
1474 must turn over to the board, within 10 full business days after
1475 the vote, any and all records and property of the association in
1476 their possession.
1477 1.2. If The proposed recall is by an agreement in writing
1478 by a majority of all voting interests, the agreement in writing
1479 or a copy thereof must shall be served on the association by
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Amendment No. 1
1480 registered certified mail or by personal service in the manner
1481 authorized by chapter 48 and the Florida Rules of Civil
1482 Procedure. Methods of service that are not authorized by chapter
1483 48 and the Florida Rules of Civil Procedure are invalid and any
1484 service that does not comply with this paragraph is void. The
1485 board of administration shall duly notice and hold a meeting of
1486 the board within 5 full business days after receipt of the
1487 agreement by valid service as authorized under this paragraph in
1488 writing. Such member or members must shall be recalled effective
1489 immediately upon the conclusion of the board meeting, provided
1490 that the recall is facially valid and the agreement was validly
1491 served. A recalled member must turn over to the board, within 10
1492 full business days, any and all records and property of the
1493 association in his or her their possession.
1494 2. Rejection of a unit owner's recall agreement under this
1495 section applies when the recall agreement:
1496 a. Was improperly served;
1497 b. Was executed by a person who was not a unit's record
1498 owner or designated voter;
1499 c. Was previously marked for the removal of any board
1500 member;
1501 d. Does not contain any markings that indicate the
1502 selection by a unit owner to either remove or retain a board
1503 member; or
1504 e. Does not contain the signature of the unit owner.
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Amendment No. 1
1505 3. There is a rebuttable presumption that a unit owner
1506 executing the recall agreement is the designated voter for the
1507 unit. An association may not enforce a voting certificate
1508 requirement if the association has not enforced such requirement
1509 in all matters requiring the use of voting certificates in the
1510 year immediately preceding service of the recall agreement.
1511 4. A rescission or revocation of a unit owner's recall
1512 agreement must be in writing and delivered to the association
1513 before the association is served with the written recall
1514 agreement. This subparagraph must be liberally construed to
1515 ensure a unit owner is not disenfranchised by an association in
1516 a recall and to prevent an association from failing to certify a
1517 recall agreement on a technical omission which is not a part in
1518 the discharge of the unit owner's voting rights.
1519 5.3. If the board fails to duly notice and hold a board
1520 meeting within 5 full business days after service of an
1521 agreement in writing or within 5 full business days after the
1522 adjournment of the unit owner recall meeting, the recall is
1523 deemed effective and the board members so recalled shall turn
1524 over to the board within 10 full business days after the vote
1525 any and all records and property of the association.
1526 6.4. If the board fails to duly notice and hold the
1527 required meeting or at the conclusion of the meeting determines
1528 that the recall is not facially valid, the unit owner
1529 representative may file a petition or circuit court action under
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Amendment No. 1
1530 s. 718.1255 challenging the board's failure to act or
1531 challenging the board's determination on facial validity. The
1532 petition or action must be filed within 45 60 days after the
1533 expiration of the applicable 5-full-business-day period. The
1534 review of a petition or action under this subparagraph is
1535 limited to the sufficiency of service on the board and the
1536 facial validity of the written agreement or ballots filed. The
1537 association must be named as the respondent.
1538 7.5. If a vacancy occurs on the board as a result of a
1539 recall or removal and less than a majority of the board members
1540 are removed, the vacancy may be filled by the affirmative vote
1541 of a majority of the remaining directors, notwithstanding any
1542 provision to the contrary contained in this subsection. If
1543 vacancies occur on the board as a result of a recall and a
1544 majority or more of the board members are removed, the vacancies
1545 must shall be filled in accordance with procedural rules to be
1546 adopted by the division, which rules need not be consistent with
1547 this subsection. The rules must provide procedures governing the
1548 conduct of the recall election as well as the operation of the
1549 association during the period after a recall but before the
1550 recall election.
1551 8.6. A board member who has been recalled may file a
1552 petition or court action under s. 718.1255 challenging the
1553 validity of the recall. The petition or action must be filed
1554 within 45 60 days after the recall. The association and the unit
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Amendment No. 1
1555 owner representative must shall be named as the respondents. The
1556 petition or action may challenge the facial validity of the
1557 written agreement or ballots filed or the substantial compliance
1558 with the procedural requirements for the recall. If the
1559 arbitrator or court determines the recall was invalid, the
1560 petitioning board member must shall immediately be reinstated
1561 and the recall is null and void. A board member who is
1562 successful in challenging a recall is entitled to recover
1563 reasonable attorney fees and costs from the respondents. The
1564 arbitrator or court may award reasonable attorney fees and costs
1565 to the respondents if they prevail, if the arbitrator or court
1566 makes a finding that the petitioner's claim is frivolous.
1567 9.7. The division or a court of competent jurisdiction may
1568 not accept for filing a recall petition or court action, whether
1569 filed under subparagraph 1., subparagraph 2., subparagraph 4.,
1570 or subparagraph 6., or subparagraph 8., when there are 45 60 or
1571 fewer days until the scheduled reelection of the board member
1572 sought to be recalled or when 45 60 or fewer days have elapsed
1573 since the election of the board member sought to be recalled.
1574 (m) Alternative dispute resolution.—There must be a
1575 provision for alternative dispute resolution as provided for in
1576 s. 718.1255 for any residential condominium.
1577 (p) Director or officer delinquencies.—A director or
1578 officer more than 90 days delinquent in the payment of any
1579 monetary obligation due the association is shall be deemed to
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Amendment No. 1
1580 have abandoned the office, creating a vacancy in the office to
1581 be filled according to law. For the purpose of this paragraph, a
1582 director or an officer is delinquent if a payment is not made by
1583 the due date as specifically identified in the declarations,
1584 bylaws, or articles of incorporation. If a due date is not
1585 specifically identified in the declaration, bylaws, or articles
1586 of incorporation, the due date is the first day of the
1587 assessment period.
1588 Section 8. Paragraphs (d) and (e) of subsection (5) of
1589 section 718.113, Florida Statutes, are amended to read:
1590 718.113 Maintenance; limitation upon improvement; display
1591 of flag; hurricane protection; display of religious
1592 decorations.—
1593 (5) To protect the health, safety, and welfare of the
1594 people of the state and to ensure uniformity and consistency in
1595 the hurricane protections installed by condominium associations
1596 and unit owners, this subsection applies to all residential and
1597 mixed-use condominiums in the state, regardless of when the
1598 condominium is created pursuant to the declaration of
1599 condominium. Each board of administration of a residential
1600 condominium or mixed-use condominium must adopt hurricane
1601 protection specifications for each building within each
1602 condominium operated by the association which may include color,
1603 style, and other factors deemed relevant by the board. All
1604 specifications adopted by the board must comply with the
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Amendment No. 1
1605 applicable building code. The installation, maintenance, repair,
1606 replacement, and operation of hurricane protection in accordance
1607 with this subsection is not considered a material alteration or
1608 substantial addition to the common elements or association
1609 property within the meaning of this section.
1610 (d) Unless otherwise provided in the declaration as
1611 originally recorded, or as amended, a unit owner is not
1612 responsible for the cost of any removal or reinstallation of
1613 hurricane protection, including exterior windows, doors, or
1614 other apertures, if its removal is necessary for the
1615 maintenance, repair, or replacement of other condominium
1616 property or association property for which the association is
1617 responsible. The board shall determine if the removal or
1618 reinstallation of hurricane protection must be completed by the
1619 unit owner or the association if the declaration as originally
1620 recorded, or as amended, does not specify who is responsible for
1621 such costs. If such removal or reinstallation is completed by
1622 the association, the costs incurred by the association may not
1623 be charged to the unit owner. If such removal or reinstallation
1624 is completed by the unit owner, the association must reimburse
1625 the unit owner for the cost of the removal or reinstallation or
1626 the association must apply a credit toward future assessments in
1627 the amount of the unit owner's cost to remove or reinstall the
1628 hurricane protection.
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Amendment No. 1
1629 (e) If the removal or reinstallation of hurricane
1630 protection, including exterior windows, doors, or other
1631 apertures, is the responsibility of the unit owner and the
1632 association completes such removal or reinstallation and then
1633 charges the unit owner for such removal or reinstallation, such
1634 charges are enforceable as an assessment and may be collected in
1635 the manner provided under s. 718.116.
1636 Section 9. Subsection (10) of section 718.116, Florida
1637 Statutes, is amended to read:
1638 718.116 Assessments; liability; lien and priority;
1639 interest; collection.—
1640 (10)(a) The specific purpose or purposes of any special
1641 assessment, including any contingent special assessment levied
1642 in conjunction with the purchase of an insurance policy
1643 authorized by s. 718.111(11), approved in accordance with the
1644 condominium documents shall be set forth in a written notice of
1645 such assessment sent or delivered to each unit owner. The funds
1646 collected pursuant to a special assessment shall be used only
1647 for the specific purpose or purposes set forth in such notice.
1648 However, upon completion of such specific purpose or purposes,
1649 any excess funds will be considered common surplus, and may, at
1650 the discretion of the board, either be returned to the unit
1651 owners or applied as a credit toward future assessments.
1652 (b) The Legislature finds that:
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Amendment No. 1
1653 1. In some circumstances, the declaration, articles of
1654 incorporation, or bylaws of an association restrict the
1655 authority of the board of administration to levy special
1656 assessments without first obtaining the approval of the
1657 membership, which may preclude an association from obtaining
1658 immediate funding to carry out its obligations to perform
1659 necessary maintenance, repair, or replacement of the condominium
1660 property as required by the milestone inspection report and
1661 structural integrity reserve study report in order to protect
1662 the health and safety of the unit owners and tenants of the
1663 property.
1664 2. It is contrary to the public policy of this state to
1665 limit the ability of an association to obtain the funds needed
1666 to perform necessary maintenance, repair, or replacement of the
1667 condominium property as required by the milestone inspection
1668 report and structural integrity reserve study report in order to
1669 protect the unit owners and tenants of the property.
1670 3. Authorizing the board of administration of an
1671 association to meet its fiduciary duty and levy special
1672 assessments to fund necessary maintenance, repair, or
1673 replacement of the condominium property as required by the
1674 milestone inspection report and structural integrity reserve
1675 study report in order to protect the health and safety of the
1676 unit owners and tenants of the property is in the public
1677 interest; that requiring an association to obtain membership
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Amendment No. 1
1678 approval endangers the public safety; and that there is a
1679 compelling state interest in enabling the board of
1680 administration of an association to levy special assessments to
1681 perform necessary maintenance, repair, or replacement of the
1682 condominium property as required by the milestone inspection
1683 report and structural integrity reserve study report without the
1684 approval of the membership in order to protect the health and
1685 safety of the unit owners and tenants of the property.
1686 (c) Notwithstanding any provision to the contrary
1687 contained in an association's declaration, articles of
1688 incorporation, or bylaws, the board of administration of an
1689 association may levy special assessments to perform necessary
1690 maintenance, repair, or replacement of the condominium property
1691 as required by the milestone inspection report and structural
1692 integrity reserve study report without the approval of the
1693 membership in order to protect the health and safety of the unit
1694 owners and tenants of the property.
1695 (d) Paragraph (c) applies to all condominiums in existence
1696 on or after July 1, 2025, which are not subject to control of
1697 the developer as defined in s. 718.103 or a bulk assignee or
1698 bulk buyer, as those terms are defined in s. 718.703.
1699 Section 10. Paragraph (a) of subsection (2) and
1700 subsections (3), (4), and (16) of section 718.117, Florida
1701 Statutes, are amended to read:
1702 718.117 Termination of condominium.—
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Amendment No. 1
1703 (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
1704 IMPOSSIBILITY.—
1705 (a) Notwithstanding any provision in the declaration, the
1706 condominium form of ownership of a property may be terminated by
1707 a plan of termination approved by the lesser of the lowest
1708 percentage of voting interests necessary to amend the
1709 declaration or as otherwise provided in the declaration for
1710 approval of termination if:
1711 1. The total estimated cost of construction, replacement,
1712 or repairs necessary to construct or replace the intended
1713 improvements or restore the improvements to bring them into
1714 compliance with the most recent version of the Florida Building
1715 Code or to their former condition or bring them into compliance
1716 with applicable laws or regulations, plus the combined estimated
1717 fair market value of the units in the condominium before
1718 commencement of the construction, replacement, or repairs,
1719 exceeds the combined estimated fair market value of the units in
1720 the condominium after completion of the construction,
1721 replacement, or repairs. However, if at least 50 percent of the
1722 total voting interests are owned by a bulk owner, as defined in
1723 paragraph (3)(c), termination of the condominium under this
1724 subsection requires the approval of at least 80 percent of all
1725 the voting interests in the condominium; or
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Amendment No. 1
1726 2. It becomes impossible to operate or reconstruct a
1727 condominium to its prior physical configuration because of land
1728 use laws or regulations.
1729 (3) OPTIONAL TERMINATION.—Subject to this subsection, the
1730 condominium form of ownership may be terminated for all or a
1731 portion of the condominium property pursuant to a plan of
1732 termination meeting the requirements of this section and
1733 approved by the division. Before a residential association
1734 submits a plan to the division, the plan must be approved by at
1735 least 80 percent of the total voting interests in of the
1736 condominium. However, if 5 percent or more of the total voting
1737 interests of the condominium have rejected the plan of
1738 termination by negative vote or by providing written objections,
1739 the plan of termination may not proceed.
1740 (a) The termination of the condominium form of ownership
1741 is subject to the following conditions:
1742 1. The total voting interests of the condominium must
1743 include all voting interests for the purpose of considering a
1744 plan of termination. A voting interest of the condominium may
1745 not be suspended for any reason when voting on termination
1746 pursuant to this subsection.
1747 2. If 5 percent or more of the total voting interests of
1748 the condominium have rejected reject a plan of termination by a
1749 negative vote or by providing written objections, the plan of
1750 termination may not proceed and a subsequent plan of termination
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Amendment No. 1
1751 under pursuant to this subsection may not be considered for 24
1752 months after the date of the rejection.
1753 (b) This subsection does not apply to any condominium
1754 created pursuant to Part VI of this chapter until 5 years after
1755 the recording of the declaration of condominium, unless there is
1756 no objection to the plan of termination.
1757 (c) The requirements of this paragraph apply to
1758 residential condominiums. For purposes of this paragraph
1759 subsection, the term "bulk owner" means the single holder of
1760 such voting interests or an owner together with a related entity
1761 or entities that would be considered an insider, as defined in
1762 s. 726.102, holding such voting interests. If the condominium
1763 association is a residential association proposed for
1764 termination pursuant to this section and, at the time of
1765 recording the plan of termination, at least 80 percent of the
1766 total voting interests of the condominium are owned by a bulk
1767 owner, the plan of termination is subject to the following
1768 conditions and limitations:
1769 1. If the former condominium units are offered for lease
1770 to the public after the termination, each unit owner in
1771 occupancy immediately before the date of recording of the plan
1772 of termination may lease his or her former unit and remain in
1773 possession of the unit for 12 months after the effective date of
1774 the termination on the same terms as similar unit types within
1775 the property are being offered to the public. In order to obtain
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Amendment No. 1
1776 a lease and exercise the right to retain exclusive possession of
1777 the unit owner's former unit, the unit owner must make a written
1778 request to the termination trustee to rent the former unit
1779 within 90 days after the date the plan of termination is
1780 recorded. Any unit owner who fails to timely make such written
1781 request and sign a lease within 15 days after being presented
1782 with a lease is deemed to have waived his or her right to retain
1783 possession of his or her former unit and shall be required to
1784 vacate the former unit upon the effective date of the
1785 termination, unless otherwise provided in the plan of
1786 termination.
1787 2. Any former unit owner whose unit was granted homestead
1788 exemption status by the applicable county property appraiser as
1789 of the date of the recording of the plan of termination shall be
1790 paid a relocation payment in an amount equal to 1 percent of the
1791 termination proceeds allocated to the owner's former unit. Any
1792 relocation payment payable under this subparagraph shall be paid
1793 by the single entity or related entities owning at least 80
1794 percent of the total voting interests. Such relocation payment
1795 shall be in addition to the termination proceeds for such
1796 owner's former unit and shall be paid no later than 10 days
1797 after the former unit owner vacates his or her former unit.
1798 3. For their respective units, all unit owners other than
1799 the bulk owner must be compensated at least 100 percent of the
1800 fair market value of their units. The fair market value shall be
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Amendment No. 1
1801 determined as of a date that is no earlier than 90 days before
1802 the date that the plan of termination is recorded and shall be
1803 determined by an independent appraiser selected by the
1804 termination trustee. For a person whose unit was granted
1805 homestead exemption status by the applicable county property
1806 appraiser, or was an owner-occupied operating business, as of
1807 the date that the plan of termination is recorded and who is
1808 current in payment of both assessments and other monetary
1809 obligations to the association as of the date the plan of
1810 termination is recorded, the fair market value shall be at least
1811 the original purchase price paid for the unit. For purposes of
1812 this subparagraph, the term "fair market value" means the price
1813 of a unit that a seller is willing to accept and a buyer is
1814 willing to pay on the open market in an arms-length transaction
1815 based on similar units sold in other condominiums, including
1816 units sold in bulk purchases but excluding units sold at
1817 wholesale or distressed prices. The purchase price of units
1818 acquired in bulk following a bankruptcy or foreclosure shall not
1819 be considered for purposes of determining fair market value.
1820 4. The plan of termination must provide for payment of a
1821 first mortgage encumbering a unit to the extent necessary to
1822 satisfy the lien, but the payment may not exceed the unit's
1823 share of the proceeds of termination under the plan. If the unit
1824 owner is current in payment of both assessments and other
1825 monetary obligations to the association and any mortgage
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Amendment No. 1
1826 encumbering the unit as of the date the plan of termination is
1827 recorded, the receipt by the holder of the unit's share of the
1828 proceeds of termination under the plan or the outstanding
1829 balance of the mortgage, whichever is less, shall be deemed to
1830 have satisfied the first mortgage in full.
1831 5. Before a plan of termination is presented to the unit
1832 owners for consideration pursuant to this paragraph, the plan
1833 must include the following written disclosures in a sworn
1834 statement:
1835 a. The identity of any person or entity that owns or
1836 controls 25 percent or more of the units in the condominium and,
1837 if the units are owned by an artificial entity or entities, a
1838 disclosure of the natural person or persons who, directly or
1839 indirectly, manage or control the entity or entities and the
1840 natural person or persons who, directly or indirectly, own or
1841 control 10 percent or more of the artificial entity or entities
1842 that constitute the bulk owner.
1843 b. The units acquired by any bulk owner, the date each
1844 unit was acquired, and the total amount of compensation paid to
1845 each prior unit owner by the bulk owner, regardless of whether
1846 attributed to the purchase price of the unit.
1847 c. The relationship of any board member to the bulk owner
1848 or any person or entity affiliated with the bulk owner subject
1849 to disclosure pursuant to this subparagraph.
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1850 d. The factual circumstances that show that the plan
1851 complies with the requirements of this section and that the plan
1852 supports the expressed public policies of this section.
1853 (d) If the members of the board of administration are
1854 elected by the bulk owner, unit owners other than the bulk owner
1855 may elect at least one-third of the members of the board of
1856 administration before the approval of any plan of termination.
1857 (e) Termination must be approved by the division after a
1858 plan of termination receives the requisite approval from the
1859 unit owners. The division shall examine the plan of termination
1860 to determine its procedural sufficiency and, within 45 days
1861 after receipt of the initial filing, the division shall notify
1862 the association by mail of any procedural deficiencies or that
1863 the filing is accepted. If the notice is not given within 45
1864 days after the receipt of the filing, the plan of termination is
1865 presumed to be accepted. If the division determines that the
1866 conditions required by this section have been met and that the
1867 plan complies with the procedural requirements of this section,
1868 the division shall authorize the termination, and the
1869 termination may proceed pursuant to this section.
1870 (f) Subsection (2) does not apply to optional termination
1871 pursuant to this subsection.
1872 (4) EXEMPTION.—A plan of termination is not an amendment
1873 subject to s. 718.110(4). In a partial termination, a plan of
1874 termination is not an amendment subject to s. 718.110(4) if the
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1875 ownership share of the common elements of a surviving unit in
1876 the condominium remains in the same proportion to the surviving
1877 units as it was before the partial termination. Notwithstanding
1878 any provision in the declaration to the contrary, the
1879 association may amend the declaration of condominium for the
1880 purpose of incorporating this section by the lesser of the
1881 lowest percentage of voting interests necessary to amend the
1882 declaration or as otherwise provided in the declaration,
1883 whichever is less.
1884 (16) RIGHT TO CONTEST.—A unit owner or lienor may contest
1885 a plan of termination by initiating a petition in accordance
1886 with s. 718.1255 within 90 days after the date the plan is
1887 recorded. A unit owner or lienor may only contest the fairness
1888 and reasonableness of the apportionment of the proceeds from the
1889 sale among the unit owners;, that the liens of the first
1890 mortgages of unit owners other than the bulk owner have not or
1891 will not be satisfied to the extent required by subsection (3);
1892 that the combined estimated fair market value of the units in
1893 the condominium after completion of the construction,
1894 replacement, or repairs contemplated by subparagraph (2)(a)1.
1895 exceeds the estimated value of the units before the
1896 construction, replacement, or repairs plus the cost of the
1897 construction, replacement, or repairs;, or that the required
1898 vote to approve the plan was not obtained. A unit owner or
1899 lienor who does not contest the plan within the 90-day period is
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Amendment No. 1
1900 barred from asserting or prosecuting a claim against the
1901 association, the termination trustee, any unit owner, or any
1902 successor in interest to the condominium property. In an action
1903 contesting a plan of termination, the person contesting the plan
1904 has the burden of pleading and proving that the apportionment of
1905 the proceeds from the sale among the unit owners was not fair
1906 and reasonable or that the required vote was not obtained. The
1907 apportionment of sale proceeds is presumed fair and reasonable
1908 if it was determined pursuant to the methods prescribed in
1909 subsection (12). If the petition is filed with the division for
1910 arbitration, the arbitrator shall determine the rights and
1911 interests of the parties in the apportionment of the sale
1912 proceeds. If the arbitrator determines that the apportionment of
1913 sales proceeds is not fair and reasonable, the arbitrator may
1914 void the plan or may modify the plan to apportion the proceeds
1915 in a fair and reasonable manner pursuant to this section based
1916 upon the proceedings and order the modified plan of termination
1917 to be implemented. If the arbitrator determines that the plan
1918 was not properly approved, or that the procedures to adopt the
1919 plan were not properly followed, the arbitrator may void the
1920 plan or grant other relief it deems just and proper. The
1921 arbitrator shall automatically void the plan upon a finding that
1922 any of the disclosures required in subparagraph (3)(c)5. are
1923 omitted, misleading, incomplete, or inaccurate. Any challenge to
1924 a plan, other than a challenge that the required vote was not
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Amendment No. 1
1925 obtained, does not affect title to the condominium property or
1926 the vesting of the condominium property in the trustee, but
1927 shall only be a claim against the proceeds of the plan. In any
1928 such action, the prevailing party shall recover reasonable
1929 attorney fees and costs.
1930 Section 11. Subsection (7) of section 718.1255, Florida
1931 Statutes, is renumbered as subsection (9), paragraph (a) of
1932 subsection (4) and subsection (6) are amended, and new
1933 subsections (7) and (8) are added to that section, to read:
1934 718.1255 Alternative dispute resolution; mediation;
1935 nonbinding arbitration; applicability.—
1936 (4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The
1937 Division of Florida Condominiums, Timeshares, and Mobile Homes
1938 of the Department of Business and Professional Regulation may
1939 employ full-time attorneys to act as arbitrators to conduct the
1940 arbitration hearings provided by this chapter. The division may
1941 also certify attorneys who are not employed by the division to
1942 act as arbitrators to conduct the arbitration hearings provided
1943 by this chapter. A person may not be employed by the department
1944 as a full-time arbitrator unless he or she is a member in good
1945 standing of The Florida Bar. A person may only be certified by
1946 the division to act as an arbitrator if he or she has been a
1947 member in good standing of The Florida Bar for at least 5 years
1948 and has mediated or arbitrated at least 10 disputes involving
1949 condominiums in this state during the 3 years immediately
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Amendment No. 1
1950 preceding the date of application, mediated or arbitrated at
1951 least 30 disputes in any subject area in this state during the 3
1952 years immediately preceding the date of application, or attained
1953 board certification in real estate law or condominium and
1954 planned development law from The Florida Bar. Arbitrator
1955 certification is valid for 1 year. An arbitrator who does not
1956 maintain the minimum qualifications for initial certification
1957 may not have his or her certification renewed. The department
1958 may not enter into a legal services contract for an arbitration
1959 hearing under this chapter with an attorney who is not a
1960 certified arbitrator unless a certified arbitrator is not
1961 available within 50 miles of the dispute. The department shall
1962 adopt rules of procedure to govern such arbitration hearings
1963 including mediation incident thereto. The decision of an
1964 arbitrator is final; however, a decision is not deemed final
1965 agency action. Nothing in this provision shall be construed to
1966 foreclose parties from proceeding in a trial de novo unless the
1967 parties have agreed that the arbitration is binding. If judicial
1968 proceedings are initiated, the final decision of the arbitrator
1969 is admissible in evidence in the trial de novo.
1970 (a) Before the institution of court litigation, a party to
1971 a dispute, other than an election or recall dispute, shall
1972 either petition the division for nonbinding arbitration or
1973 initiate presuit mediation as provided in subsection (5). In an
1974 election or recall dispute that is arbitrated by the division,
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Amendment No. 1
1975 the arbitration decision is binding on the parties unless
1976 removed pursuant to subsection (7). For all other disputes,
1977 arbitration is binding on the parties if all parties in
1978 arbitration agree to be bound in a writing filed in arbitration.
1979 The petition must be accompanied by a filing fee in the amount
1980 of $50. Filing fees collected under this section must be used to
1981 defray the expenses of the alternative dispute resolution
1982 program.
1983 (6) DISPUTES INVOLVING ELECTION IRREGULARITIES OR RECALL
1984 OF A DIRECTOR.—Every arbitration petition received by the
1985 division and required to be filed under this section challenging
1986 the legality of the election of any director of the board of
1987 administration or the recall of any director of the board of
1988 administration must be handled on an expedited basis in the
1989 manner provided by the division's rules for recall arbitration
1990 disputes. If a challenge to an election or recall dispute is
1991 filed in circuit court, the challenge must be brought in equity
1992 as a summary proceeding pursuant to s. 51.011. The party filing
1993 the action may request the court to issue a temporary injunction
1994 to stay an upcoming election while the action is pending. The
1995 court must set an immediate hearing when an action is filed
1996 pursuant to this subsection. The court may limit the time for
1997 taking testimony based on the circumstances of the matter and
1998 the proximity of the date on which a succeeding election is
1999 scheduled, if applicable. An action filed pursuant to this
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Amendment No. 1
2000 subsection must be tried without a jury. The prevailing party in
2001 an action filed pursuant to this subsection shall recover
2002 reasonable attorney fees and costs.
2003 (7) REMOVAL OF ELECTION AND RECALL ARBITRATION ACTIONS.—
2004 (a) A unit owner, a recall representative, or an
2005 association may remove a petition for arbitration for an
2006 election or a recall dispute within 10 days after service of
2007 such petition by filing a notice of removal and complaint in the
2008 circuit court for the county in which the association is
2009 located. The failure to timely file a notice of removal and
2010 complaint bars the parties from seeking a trial de novo or
2011 otherwise filing an action in circuit court and the arbitration
2012 ruling by the division is final and binding on the parties.
2013 (b) A notice of removal and complaint, as well as a copy
2014 of all process, pleadings, and orders served in an action, must
2015 be signed pursuant to the Florida Rules of Civil Procedure. The
2016 party that does not seek the removal of the arbitration decision
2017 does not need to consent to the filing of a notice of removal
2018 and complaint. The party filing the notice of removal and
2019 complaint must simultaneously serve written notice to all
2020 parties and file a copy of such written notice with the
2021 division, which ceases any further action on the matter. The
2022 party filing the notice of removal and complaint must pay all
2023 applicable filing fees within 5 days after filing the notice of
2024 removal and complaint. An action or counterclaim filed after the
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Amendment No. 1
2025 filing of the notice of removal and complaint must be brought in
2026 equity as a summary proceeding pursuant to s. 51.011. The party
2027 filing the action may request the court to issue a temporary
2028 injunction to stay an upcoming election while the action is
2029 pending. The court must set an immediate hearing when an action
2030 is filed pursuant to this paragraph. The court may limit the
2031 time for taking testimony based on the circumstances of the
2032 matter and the proximity of the date on which a succeeding
2033 election is scheduled, if applicable. An action filed pursuant
2034 to this paragraph must be tried without a jury. Pursuant to
2035 subsection (8), reasonable attorney fees and costs may be
2036 awarded in disputes brought under this subsection.
2037 (8) ATTORNEY FEES AND COSTS FOR DISPUTES INVOLVING A
2038 RECALL OF DIRECTORS.—If the division or a court of this state
2039 renders a judgment or decree against an association and in favor
2040 of the unit owner, the division, trial court, or, in the event
2041 of an appeal in which the unit owner prevails, the appellate
2042 court shall order the association to pay all costs incurred by
2043 the unit owner in the action and the unit owner's reasonable
2044 attorney fees. The division or court may award such costs and
2045 attorney fees in the judgment or decree rendered in the action
2046 or such costs and attorney fees may be included in a separate
2047 judgment or decree. Costs and attorney fees may not be recovered
2048 in any action involving the recall of directors except as
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Amendment No. 1
2049 provided in this subsection or if awarded as a sanction under s.
2050 57.105.
2051 Section 12. Subsection (6) of section 718.128, Florida
2052 Statutes, is renumbered as subsection (8), subsection (4) is
2053 amended, and new subsections (6) and (7) are added to that
2054 section, to read:
2055 718.128 Electronic voting.—The association may conduct
2056 elections and other unit owner votes through an Internet-based
2057 online voting system if a unit owner consents, electronically or
2058 in writing, to online voting and if the following requirements
2059 are met:
2060 (4) This section applies to an association that provides
2061 for and authorizes an online voting system pursuant to this
2062 section by a board resolution. If the board authorizes online
2063 voting, the board must honor a unit owner's request to vote
2064 electronically at all subsequent elections, unless such unit
2065 owner opts out of online voting. The board resolution must
2066 provide that unit owners receive notice of the opportunity to
2067 vote through an online voting system, must establish reasonable
2068 procedures and deadlines for unit owners to consent,
2069 electronically or in writing, to online voting, and must
2070 establish reasonable procedures and deadlines for unit owners to
2071 opt out of online voting after giving consent. Written notice of
2072 a meeting at which the resolution will be considered must be
2073 mailed, delivered, or electronically transmitted to the unit
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Amendment No. 1
2074 owners and posted conspicuously on the condominium property or
2075 association property at least 14 days before the meeting.
2076 Evidence of compliance with the 14-day notice requirement must
2077 be made by an affidavit executed by the person providing the
2078 notice and filed with the official records of the association.
2079 (6) If at least 25 percent of the voting interests of a
2080 condominium petition the board to adopt a resolution for
2081 electronic voting for the next scheduled election, the board
2082 must hold a meeting within 21 days after receipt of the petition
2083 to adopt such resolution. The board must receive the petition
2084 within 180 days after the date of the last scheduled annual
2085 meeting.
2086 (7)(a) Unless the association has adopted electronic
2087 voting in accordance with subsections (1)-(6), the association
2088 must designate an e-mail address for receipt of electronically
2089 transmitted ballots. Electronically transmitted ballots must
2090 meet all the requirements of this subsection.
2091 (b) A unit owner may electronically transmit a ballot to
2092 the e-mail address designated by the association without
2093 complying with s. 718.112(2)(d)2. or the rules providing for the
2094 secrecy of ballots adopted by the division. The association must
2095 count completed ballots that are electronically transmitted to
2096 the designated e-mail address, provided the completed ballot
2097 complies with the requirements of this subsection.
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Amendment No. 1
2098 (c) A ballot that is electronically transmitted to the
2099 association must include all of the following:
2100 1. A space for the unit owner to type in his or her unit
2101 number.
2102 2. A space for the unit owner to type in his or her first
2103 and last name, which also functions as the signature of the unit
2104 owner for purposes of signing the ballot.
2105 3. The following statement in capitalized letters and in a
2106 font size larger than any other font size used in the e-mail
2107 from the association to the unit owner:
2108
2109 WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO
2110 NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO
2111 VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH E-MAIL
2112 TO THE ASSOCIATION, YOU WAIVE YOUR SECRECY OF YOUR
2113 COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY
2114 BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF
2115 THIS BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING
2116 WHICH THE MATTER WILL BE VOTED ON.
2117
2118 (d) A unit owner must transmit his or her completed ballot
2119 to the e-mail address designated by the association no later
2120 than the scheduled date and time of the meeting during which the
2121 matter is being voted on.
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2122 (e) There is a rebuttable presumption that an association
2123 has reviewed all folders associated with the e-mail address
2124 designated by the association to receive ballots if a board
2125 member, an officer, or an agent of the association, or a manager
2126 licensed under part VIII of chapter 468, provides a sworn
2127 affidavit attesting to such review.
2128 Section 13. Subsection (7) of section 718.203, Florida
2129 Statutes, is amended to read:
2130 718.203 Warranties.—
2131 (7) Residential Condominiums may be covered by an insured
2132 warranty program underwritten by a licensed insurance company
2133 registered in this state, provided that such warranty program
2134 meets the minimum requirements of this chapter; to the degree
2135 that such warranty program does not meet the minimum
2136 requirements of this chapter, such requirements shall apply.
2137 Section 14. Subsection (1) of section 718.301, Florida
2138 Statutes, is amended to read:
2139 718.301 Transfer of association control; claims of defect
2140 by association.—
2141 (1) If unit owners other than the developer own 15 percent
2142 or more of the units in a condominium that will be operated
2143 ultimately by an association, the unit owners other than the
2144 developer are entitled to elect at least one-third of the
2145 members of the board of administration of the association. Unit
2146 owners other than the developer are entitled to elect at least a
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Amendment No. 1
2147 majority of the members of the board of administration of an
2148 association, upon the first to occur of any of the following
2149 events:
2150 (a) Three years after 50 percent of the units that will be
2151 operated ultimately by the association have been conveyed to
2152 purchasers;
2153 (b) Three months after 90 percent of the units that will
2154 be operated ultimately by the association have been conveyed to
2155 purchasers;
2156 (c) When all the units that will be operated ultimately by
2157 the association have been completed, some of them have been
2158 conveyed to purchasers, and none of the others are being offered
2159 for sale by the developer in the ordinary course of business;
2160 (d) When some of the units have been conveyed to
2161 purchasers and none of the others are being constructed or
2162 offered for sale by the developer in the ordinary course of
2163 business;
2164 (e) When the developer files a petition seeking protection
2165 in bankruptcy;
2166 (f) When a receiver for the developer is appointed by a
2167 circuit court and is not discharged within 30 days after such
2168 appointment, unless the court determines within 30 days after
2169 appointment of the receiver that transfer of control would be
2170 detrimental to the association or its members; or
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Amendment No. 1
2171 (g) Seven years after the date of the recording of the
2172 certificate of a surveyor and mapper pursuant to s.
2173 718.104(4)(e) or the recording of an instrument that transfers
2174 title to a unit in the condominium which is not accompanied by a
2175 recorded assignment of developer rights in favor of the grantee
2176 of such unit, whichever occurs first; or, in the case of an
2177 association that may ultimately operate more than one
2178 condominium, 7 years after the date of the recording of the
2179 certificate of a surveyor and mapper pursuant to s.
2180 718.104(4)(e) or the recording of an instrument that transfers
2181 title to a unit which is not accompanied by a recorded
2182 assignment of developer rights in favor of the grantee of such
2183 unit, whichever occurs first, for the first condominium it
2184 operates; or, in the case of an association operating a phase
2185 condominium created pursuant to s. 718.403, 7 years after the
2186 date of the recording of the certificate of a surveyor and
2187 mapper pursuant to s. 718.104(4)(e) or the recording of an
2188 instrument that transfers title to a unit which is not
2189 accompanied by a recorded assignment of developer rights in
2190 favor of the grantee of such unit, whichever occurs first.
2191
2192 The developer is entitled to elect at least one member of the
2193 board of administration of an association as long as the
2194 developer holds for sale in the ordinary course of business at
2195 least 5 percent, in condominiums with fewer than 500 units, and
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2196 2 percent, in condominiums with more than 500 units, of the
2197 units in a condominium operated by the association. After the
2198 developer relinquishes control of the association, the developer
2199 may exercise the right to vote any developer-owned units in the
2200 same manner as any other unit owner except for purposes of
2201 reacquiring control of the association or selecting the majority
2202 members of the board of administration. Beginning July 1, 2025,
2203 paragraphs (a), (c), (d), and (g) do not apply to nonresidential
2204 condominiums comprised of 10 or fewer units.
2205 Section 15. Paragraphs (a) and (b) of subsection (1) of
2206 section 718.302, Florida Statutes, are amended to read:
2207 718.302 Agreements entered into by the association.—
2208 (1) Any grant or reservation made by a declaration, lease,
2209 or other document, and any contract made by an association prior
2210 to assumption of control of the association by unit owners other
2211 than the developer, that provides for operation, maintenance, or
2212 management of a condominium association or property serving the
2213 unit owners of a condominium shall be fair and reasonable, and
2214 such grant, reservation, or contract may be canceled by unit
2215 owners other than the developer:
2216 (a) If the association operates only one condominium and
2217 the unit owners other than the developer have assumed control of
2218 the association, or if unit owners other than the developer own
2219 at least not less than 75 percent of the voting interests in the
2220 condominium or 90 percent of the voting interests if the
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Amendment No. 1
2221 condominium is a nonresidential condominium consisting of 10 or
2222 fewer units, the cancellation must shall be by concurrence of
2223 the owners of at least not less than 75 percent of the voting
2224 interests other than the voting interests owned by the
2225 developer. If a grant, reservation, or contract is so canceled
2226 and the unit owners other than the developer have not assumed
2227 control of the association, the association must shall make a
2228 new contract or otherwise provide for maintenance, management,
2229 or operation in lieu of the canceled obligation, at the
2230 direction of the owners of not less than a majority of the
2231 voting interests in the condominium other than the voting
2232 interests owned by the developer.
2233 (b) If the association operates more than one condominium
2234 and the unit owners other than the developer have not assumed
2235 control of the association, and if unit owners other than the
2236 developer own at least 75 percent of the voting interests in the
2237 condominiums a condominium operated by the association or,
2238 beginning July 1, 2025, 90 percent of the voting interests if
2239 the condominium is a nonresidential condominium consisting of 10
2240 or fewer units, any grant, reservation, or contract for
2241 maintenance, management, or operation of buildings containing
2242 the units in that condominium or of improvements used only by
2243 unit owners of that condominium may be canceled by concurrence
2244 of the owners of at least 75 percent, or 90 percent if the
2245 condominium is a nonresidential condominium consisting of 10 or
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Amendment No. 1
2246 fewer units, of the voting interests in the condominium other
2247 than the voting interests owned by the developer. A No grant,
2248 reservation, or contract for maintenance, management, or
2249 operation of recreational areas or any other property serving
2250 more than one condominium, and operated by more than one
2251 association, may not be canceled except pursuant to paragraph
2252 (d).
2253 Section 16. Subsection (4) of section 718.407, Florida
2254 Statutes, is amended to read:
2255 718.407 Condominiums created within a portion of a
2256 building or within a multiple parcel building.—
2257 (4)(a) The association of a condominium subject to this
2258 section may inspect and copy the books and records upon which
2259 the costs for maintaining and operating the shared facilities
2260 are based, and must to receive an annual budget with respect to
2261 such costs.
2262 (b) Within 60 days after the end of each fiscal year, the
2263 owner of a portion of a building that is not submitted to the
2264 condominium form of ownership must provide to the association a
2265 complete financial report of all costs for maintaining and
2266 operating the shared facilities. Such report must include copies
2267 of all receipts and invoices. If such owner fails to provide the
2268 report and copies of the receipts and invoices to the
2269 condominium association within the 60-day period, the division
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2270 may impose penalties and otherwise enforce and ensure compliance
2271 with this subsection.
2272 (c) Within 60 days after receipt of the financial report,
2273 the association may challenge any apportionment of costs for the
2274 maintenance and operation of the shared facilities. A challenge
2275 under this paragraph is governed by s. 720.311.
2276 Section 17. Subsections (1) and (3) of section 718.501,
2277 Florida Statutes, are amended, and paragraph (d) is added to
2278 subsection (2) of that section, to read:
2279 718.501 Authority, responsibility, and duties of Division
2280 of Florida Condominiums, Timeshares, and Mobile Homes.—
2281 (1) The division may enforce and ensure compliance with
2282 this chapter and rules relating to the development,
2283 construction, sale, lease, ownership, operation, and management
2284 of residential condominium units and complaints related to the
2285 procedural completion of milestone inspections under s. 553.899.
2286 In performing its duties, the division has complete jurisdiction
2287 to investigate complaints and enforce compliance with respect to
2288 associations that are still under developer control or the
2289 control of a bulk assignee or bulk buyer pursuant to part VII of
2290 this chapter and complaints against developers, bulk assignees,
2291 or bulk buyers involving improper turnover or failure to
2292 turnover, pursuant to s. 718.301. However, after turnover has
2293 occurred, the division has jurisdiction to review records and
2294 investigate complaints related only to:
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2295 (a)1. Procedural aspects and records relating to financial
2296 issues, including annual financial reporting under s.
2297 718.111(13); assessments for common expenses, fines, and
2298 commingling of reserve and operating funds under s. 718.111(14);
2299 use of debit cards for unintended purposes under s. 718.111(15);
2300 the annual operating budget and the allocation of reserve funds
2301 under s. 718.112(2)(f); financial records under s.
2302 718.111(12)(a)11.; and any other record necessary to determine
2303 the revenues and expenses of the association.
2304 2. Elections, including election and voting requirements
2305 under s. 718.112(2)(b) and (d), recall of board members under s.
2306 718.112(2)(l), electronic voting under s. 718.128, and elections
2307 that occur during an emergency under s. 718.1265(1)(a).
2308 3. The maintenance of and unit owner access to association
2309 records under s. 718.111(12).
2310 4. The procedural aspects of meetings, including unit
2311 owner meetings, quorums, voting requirements, proxies, board of
2312 administration meetings, and budget meetings under s.
2313 718.112(2).
2314 5. The disclosure of conflicts of interest under ss.
2315 718.111(1)(a) and 718.3027, including limitations contained in
2316 s. 718.111(3)(f).
2317 6. The removal of a board director or officer under ss.
2318 718.111(1)(a) and (15) and 718.112(2)(p) and (q).
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Amendment No. 1
2319 7. The procedural completion of structural integrity
2320 reserve studies under s. 718.112(2)(g) and the milestone
2321 inspections conducted under s. 553.899.
2322 8. The completion of repairs required by a milestone
2323 inspection conducted under s. 553.899.
2324 9.8. Any written inquiries by unit owners to the
2325 association relating to such matters, including written
2326 inquiries under s. 718.112(2)(a)2.
2327 10. The requirement for associations to maintain an
2328 insurance policy or fidelity bond for all persons who control or
2329 disperse funds of the association under s. 718.111(11)(h).
2330 11. The board member education requirements under s.
2331 718.112(2)(d)5.b.
2332 12. The reporting requirements for structural integrity
2333 reserve studies under subsection (3) and s. 718.112(2)(g)12.
2334 (b)1. The division may make necessary public or private
2335 investigations within or outside this state to determine whether
2336 any person has violated this chapter or any rule or order
2337 hereunder, to aid in the enforcement of this chapter, or to aid
2338 in the adoption of rules or forms.
2339 2. The division may submit any official written report,
2340 worksheet, or other related paper, or a duly certified copy
2341 thereof, compiled, prepared, drafted, or otherwise made by and
2342 duly authenticated by a financial examiner or analyst to be
2343 admitted as competent evidence in any hearing in which the
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2344 financial examiner or analyst is available for cross-examination
2345 and attests under oath that such documents were prepared as a
2346 result of an examination or inspection conducted pursuant to
2347 this chapter.
2348 (c) The division may require or permit any person to file
2349 a statement in writing, under oath or otherwise, as the division
2350 determines, as to the facts and circumstances concerning a
2351 matter to be investigated.
2352 (d) For the purpose of any investigation under this
2353 chapter, the division director or any officer or employee
2354 designated by the division director may administer oaths or
2355 affirmations, subpoena witnesses and compel their attendance,
2356 take evidence, and require the production of any matter which is
2357 relevant to the investigation, including the existence,
2358 description, nature, custody, condition, and location of any
2359 books, documents, or other tangible things and the identity and
2360 location of persons having knowledge of relevant facts or any
2361 other matter reasonably calculated to lead to the discovery of
2362 material evidence. Upon the failure by a person to obey a
2363 subpoena or to answer questions propounded by the investigating
2364 officer and upon reasonable notice to all affected persons, the
2365 division may apply to the circuit court for an order compelling
2366 compliance.
2367 (e) Notwithstanding any remedies available to unit owners
2368 and associations, if the division has reasonable cause to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2369 believe that a violation of any provision of this chapter or
2370 related rule has occurred, the division may institute
2371 enforcement proceedings in its own name against any developer,
2372 bulk assignee, bulk buyer, association, officer, or member of
2373 the board of administration, or its assignees or agents, as
2374 follows:
2375 1. The division may permit a person whose conduct or
2376 actions may be under investigation to waive formal proceedings
2377 and enter into a consent proceeding whereby orders, rules, or
2378 letters of censure or warning, whether formal or informal, may
2379 be entered against the person.
2380 2. The division may issue an order requiring the
2381 developer, bulk assignee, bulk buyer, association, developer-
2382 designated officer, or developer-designated member of the board
2383 of administration, developer-designated assignees or agents,
2384 bulk assignee-designated assignees or agents, bulk buyer-
2385 designated assignees or agents, community association manager,
2386 or community association management firm to cease and desist
2387 from the unlawful practice and take such affirmative action as
2388 in the judgment of the division carry out the purposes of this
2389 chapter. If the division finds that a developer, bulk assignee,
2390 bulk buyer, association, officer, or member of the board of
2391 administration, or its assignees or agents, is violating or is
2392 about to violate any provision of this chapter, any rule adopted
2393 or order issued by the division, or any written agreement
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2394 entered into with the division, and presents an immediate danger
2395 to the public requiring an immediate final order, it may issue
2396 an emergency cease and desist order reciting with particularity
2397 the facts underlying such findings. The emergency cease and
2398 desist order is effective for 90 days. If the division begins
2399 nonemergency cease and desist proceedings, the emergency cease
2400 and desist order remains effective until the conclusion of the
2401 proceedings under ss. 120.569 and 120.57.
2402 3. If a developer, bulk assignee, or bulk buyer fails to
2403 pay any restitution determined by the division to be owed, plus
2404 any accrued interest at the highest rate permitted by law,
2405 within 30 days after expiration of any appellate time period of
2406 a final order requiring payment of restitution or the conclusion
2407 of any appeal thereof, whichever is later, the division must
2408 bring an action in circuit or county court on behalf of any
2409 association, class of unit owners, lessees, or purchasers for
2410 restitution, declaratory relief, injunctive relief, or any other
2411 available remedy. The division may also temporarily revoke its
2412 acceptance of the filing for the developer to which the
2413 restitution relates until payment of restitution is made.
2414 4. The division may petition the court for appointment of
2415 a receiver or conservator. If appointed, the receiver or
2416 conservator may take action to implement the court order to
2417 ensure the performance of the order and to remedy any breach
2418 thereof. In addition to all other means provided by law for the
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2419 enforcement of an injunction or temporary restraining order, the
2420 circuit court may impound or sequester the property of a party
2421 defendant, including books, papers, documents, and related
2422 records, and allow the examination and use of the property by
2423 the division and a court-appointed receiver or conservator.
2424 5. The division may apply to the circuit court for an
2425 order of restitution whereby the defendant in an action brought
2426 under subparagraph 4. is ordered to make restitution of those
2427 sums shown by the division to have been obtained by the
2428 defendant in violation of this chapter. At the option of the
2429 court, such restitution is payable to the conservator or
2430 receiver appointed under subparagraph 4. or directly to the
2431 persons whose funds or assets were obtained in violation of this
2432 chapter.
2433 6. The division may impose a civil penalty against a
2434 developer, bulk assignee, or bulk buyer, or association, or its
2435 assignee or agent, for any violation of this chapter or related
2436 rule. The division may impose a civil penalty individually
2437 against an officer or board member who willfully and knowingly
2438 violates this chapter, an adopted rule, or a final order of the
2439 division; may order the removal of such individual as an officer
2440 or from the board of administration or as an officer of the
2441 association; and may prohibit such individual from serving as an
2442 officer or on the board of a community association for a period
2443 of time. The term "willfully and knowingly" means that the
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2444 division informed the officer or board member that his or her
2445 action or intended action violates this chapter, a rule adopted
2446 under this chapter, or a final order of the division and that
2447 the officer or board member refused to comply with the
2448 requirements of this chapter, a rule adopted under this chapter,
2449 or a final order of the division. The division, before
2450 initiating formal agency action under chapter 120, must afford
2451 the officer or board member an opportunity to voluntarily
2452 comply, and an officer or board member who complies within 10
2453 days is not subject to a civil penalty. A penalty may be imposed
2454 on the basis of each day of continuing violation, but the
2455 penalty for any offense may not exceed $5,000. The division
2456 shall adopt, by rule, penalty guidelines applicable to possible
2457 violations or to categories of violations of this chapter or
2458 rules adopted by the division. The guidelines must specify a
2459 meaningful range of civil penalties for each such violation of
2460 the statute and rules and must be based upon the harm caused by
2461 the violation, upon the repetition of the violation, and upon
2462 such other factors deemed relevant by the division. For example,
2463 the division may consider whether the violations were committed
2464 by a developer, bulk assignee, or bulk buyer, or owner-
2465 controlled association, the size of the association, and other
2466 factors. The guidelines must designate the possible mitigating
2467 or aggravating circumstances that justify a departure from the
2468 range of penalties provided by the rules. It is the legislative
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2469 intent that minor violations be distinguished from those which
2470 endanger the health, safety, or welfare of the condominium
2471 residents or other persons and that such guidelines provide
2472 reasonable and meaningful notice to the public of likely
2473 penalties that may be imposed for proscribed conduct. This
2474 subsection does not limit the ability of the division to
2475 informally dispose of administrative actions or complaints by
2476 stipulation, agreed settlement, or consent order. All amounts
2477 collected shall be deposited with the Chief Financial Officer to
2478 the credit of the Division of Florida Condominiums, Timeshares,
2479 and Mobile Homes Trust Fund. If a developer, bulk assignee, or
2480 bulk buyer fails to pay the civil penalty and the amount deemed
2481 to be owed to the association, the division shall issue an order
2482 directing that such developer, bulk assignee, or bulk buyer
2483 cease and desist from further operation until such time as the
2484 civil penalty is paid or may pursue enforcement of the penalty
2485 in a court of competent jurisdiction. If an association fails to
2486 pay the civil penalty, the division shall pursue enforcement in
2487 a court of competent jurisdiction, and the order imposing the
2488 civil penalty or the cease and desist order is not effective
2489 until 20 days after the date of such order. Any action commenced
2490 by the division shall be brought in the county in which the
2491 division has its executive offices or in the county in which the
2492 violation occurred.
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2493 7. If a unit owner presents the division with proof that
2494 the unit owner has requested access to official records in
2495 writing by certified mail, and that after 10 days the unit owner
2496 again made the same request for access to official records in
2497 writing by certified mail, and that more than 10 days has
2498 elapsed since the second request and the association has still
2499 failed or refused to provide access to official records as
2500 required by this chapter, the division shall issue a subpoena
2501 requiring production of the requested records at the location in
2502 which the records are kept pursuant to s. 718.112. Upon receipt
2503 of the records, the division must provide to the unit owner who
2504 was denied access to such records the produced official records
2505 without charge.
2506 8. In addition to subparagraph 6., the division may seek
2507 the imposition of a civil penalty through the circuit court for
2508 any violation for which the division may issue a notice to show
2509 cause under paragraph (t). The civil penalty shall be at least
2510 $500 but no more than $5,000 for each violation. The court may
2511 also award to the prevailing party court costs and reasonable
2512 attorney fees and, if the division prevails, may also award
2513 reasonable costs of investigation.
2514 9. The division may issue citations and promulgate rules
2515 to provide for citation bases and citation procedures in
2516 accordance with this paragraph.
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2517 (f) The division may prepare and disseminate a prospectus
2518 and other information to assist prospective owners, purchasers,
2519 lessees, and developers of residential condominiums in assessing
2520 the rights, privileges, and duties pertaining thereto.
2521 (g) The division may adopt rules to administer and enforce
2522 this chapter.
2523 (h) The division shall establish procedures for providing
2524 notice to an association and the developer, bulk assignee, or
2525 bulk buyer during the period in which the developer, bulk
2526 assignee, or bulk buyer controls the association if the division
2527 is considering the issuance of a declaratory statement with
2528 respect to the declaration of condominium or any related
2529 document governing such condominium community.
2530 (i) The division shall furnish each association that pays
2531 the fees required by paragraph (2)(a) a copy of this chapter, as
2532 amended, and the rules adopted thereto on an annual basis.
2533 (j) The division shall annually provide each association
2534 with a summary of declaratory statements and formal legal
2535 opinions relating to the operations of condominiums which were
2536 rendered by the division during the previous year.
2537 (k) The division shall provide training and educational
2538 programs for condominium association board members and unit
2539 owners. The training may, in the division's discretion, include
2540 web-based electronic media and live training and seminars in
2541 various locations throughout the state. The division may review
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2542 and approve education and training programs for board members
2543 and unit owners offered by providers and shall maintain a
2544 current list of approved programs and providers and make such
2545 list available to board members and unit owners in a reasonable
2546 and cost-effective manner. The division shall provide the
2547 division-approved provider with the template certificate for
2548 issuance directly to the association's board of directors who
2549 have satisfactorily completed the requirements under s.
2550 718.112(2)(d). The division shall adopt rules to implement this
2551 section.
2552 (l) The division shall maintain a toll-free telephone
2553 number accessible to condominium unit owners.
2554 (m) The division shall develop a program to certify both
2555 volunteer and paid mediators to provide mediation of condominium
2556 disputes. The division shall provide, upon request, a list of
2557 such mediators to any association, unit owner, or other
2558 participant in alternative dispute resolution proceedings under
2559 s. 718.1255 requesting a copy of the list. The division shall
2560 include on the list of volunteer mediators only the names of
2561 persons who have received at least 20 hours of training in
2562 mediation techniques or who have mediated at least 20 disputes.
2563 In order to become initially certified by the division, paid
2564 mediators must be certified by the Supreme Court to mediate
2565 court cases in county or circuit courts. However, the division
2566 may adopt, by rule, additional factors for the certification of
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Amendment No. 1
2567 paid mediators, which must be related to experience, education,
2568 or background. Any person initially certified as a paid mediator
2569 by the division must, in order to continue to be certified,
2570 comply with the factors or requirements adopted by rule.
2571 (n) If a complaint is made, the division must conduct its
2572 inquiry with due regard for the interests of the affected
2573 parties. Within 30 days after receipt of a complaint, the
2574 division shall acknowledge the complaint in writing and notify
2575 the complainant whether the complaint is within the jurisdiction
2576 of the division and whether additional information is needed by
2577 the division from the complainant. The division shall conduct
2578 its investigation and, within 90 days after receipt of the
2579 original complaint or of timely requested additional
2580 information, take action upon the complaint. However, the
2581 failure to complete the investigation within 90 days does not
2582 prevent the division from continuing the investigation,
2583 accepting or considering evidence obtained or received after 90
2584 days, or taking administrative action if reasonable cause exists
2585 to believe that a violation of this chapter or a rule has
2586 occurred. If an investigation is not completed within the time
2587 limits established in this paragraph, the division shall, on a
2588 monthly basis, notify the complainant in writing of the status
2589 of the investigation. When reporting its action to the
2590 complainant, the division shall inform the complainant of any
2591 right to a hearing under ss. 120.569 and 120.57. The division
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2592 may adopt rules regarding the submission of a complaint against
2593 an association.
2594 (o) Condominium association directors, officers, and
2595 employees; condominium developers; bulk assignees, bulk buyers,
2596 and community association managers; and community association
2597 management firms have an ongoing duty to reasonably cooperate
2598 with the division in any investigation under this section. The
2599 division shall refer to local law enforcement authorities any
2600 person whom the division believes has altered, destroyed,
2601 concealed, or removed any record, document, or thing required to
2602 be kept or maintained by this chapter with the purpose to impair
2603 its verity or availability in the department's investigation.
2604 The division shall refer to local law enforcement authorities
2605 any person whom the division believes has engaged in fraud,
2606 theft, embezzlement, or other criminal activity or when the
2607 division has cause to believe that fraud, theft, embezzlement,
2608 or other criminal activity has occurred.
2609 (p) The division director or any officer or employee of
2610 the division and the condominium ombudsman or any employee of
2611 the Office of the Condominium Ombudsman may attend and observe
2612 any meeting of the board of administration or any unit owner
2613 meeting, including any meeting of a subcommittee or special
2614 committee, which is open to members of the association for the
2615 purpose of performing the duties of the division or the Office
2616 of the Condominium Ombudsman under this chapter.
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2617 (q) The division may:
2618 1. Contract with agencies in this state or other
2619 jurisdictions to perform investigative functions; or
2620 2. Accept grants-in-aid from any source.
2621 (r) The division shall cooperate with similar agencies in
2622 other jurisdictions to establish uniform filing procedures and
2623 forms, public offering statements, advertising standards, and
2624 rules and common administrative practices.
2625 (s) The division shall consider notice to a developer,
2626 bulk assignee, or bulk buyer to be complete when it is delivered
2627 to the address of the developer, bulk assignee, or bulk buyer
2628 currently on file with the division.
2629 (t) In addition to its enforcement authority, the division
2630 may issue a notice to show cause, which must provide for a
2631 hearing, upon written request, in accordance with chapter 120.
2632 (u) If the division receives a complaint regarding access
2633 to official records on the association's website or through an
2634 application that can be downloaded on a mobile device under s.
2635 718.111(12)(g), the division may request access to the
2636 association's website or application and investigate. The
2637 division may adopt rules to carry out this paragraph.
2638 (v) The division shall submit to the Governor, the
2639 President of the Senate, the Speaker of the House of
2640 Representatives, and the chairs of the legislative
2641 appropriations committees an annual report that includes, but
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2642 need not be limited to, the number of training programs provided
2643 for condominium association board members and unit owners, the
2644 number of complaints received by type, the number and percent of
2645 complaints acknowledged in writing within 30 days and the number
2646 and percent of investigations acted upon within 90 days in
2647 accordance with paragraph (n), and the number of investigations
2648 exceeding the 90-day requirement. The annual report must also
2649 include an evaluation of the division's core business processes
2650 and make recommendations for improvements, including statutory
2651 changes. After December 31, 2024, the division must include a
2652 list of the associations that have completed the structural
2653 integrity reserve study required under s. 718.112(2)(g). The
2654 report shall be submitted by September 30 following the end of
2655 the fiscal year.
2656 (2)
2657 (d) Each condominium association must create and maintain
2658 an online account with the division. Board members of each
2659 association must maintain accurate contact information on file
2660 with the division. The division shall adopt rules to implement
2661 this paragraph.
2662 (3)(a) On or before October 1, 2025, all January 1, 2023,
2663 condominium associations must provide specified information in
2664 an electronic format determined by the division. The information
2665 in paragraphs (a), (b), and (c) must be updated within 15 days
2666 after any changes are made to the information. The information
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2667 that must be provided to the division includes, but is not
2668 limited to:
2669 (a) The contact information for the association which
2670 includes all of the following:
2671 1. The name of the association.
2672 2. The mailing address of the association and the county
2673 in which the association is located.
2674 3. The e-mail address and telephone number for the
2675 association.
2676 4. The name, board title, and e-mail address for each
2677 member of the association's board of directors.
2678 5. The name and contact information of the community
2679 association manager or community association management firm of
2680 the association, if applicable.
2681 6. The name and contact information of each person or
2682 community association management firm responsible for remitting
2683 any payment to the division.
2684 7. The hyperlink or website address to the association's
2685 website, if applicable.
2686 (b) The total existing on or before July 1, 2022, must
2687 provide the following information to the division in writing, by
2688 e-mail, United States Postal Service, commercial delivery
2689 service, or hand delivery, at a physical address or e-mail
2690 address provided by the division and on a form posted on the
2691 division's website:
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2692 1. The number of buildings on the condominium property and
2693 for each building the following information:
2694 1. The physical address of the building.
2695 2. The total number of stories in each building on the
2696 condominium property, including both habitable and uninhabitable
2697 stories that are three stories or higher in height.
2698 3.2. The total number of units in all such buildings.
2699 4. The age of each building on the property based on the
2700 association's certificate of occupancy.
2701 5. Any construction that was commenced on the common
2702 elements within the previous 12 months.
2703 (c) The association's assessments, including all of the
2704 following information:
2705 1. The amount of the assessments or special assessments,
2706 including for reserves, by unit type.
2707 2. The purpose of the assessments or special assessments.
2708 3. The name of the financial institution or institutions
2709 with which the association maintains accounts.
2710 (d)_ A copy of any structural integrity reserve study and
2711 any associated materials requested by the division, which must
2712 be provided within 5 business days after such request and in a
2713 manner prescribed by the division.
2714 3. The addresses of all such buildings.
2715 4. The counties in which all such buildings are located.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2716 (b) The division must compile a list of the number of
2717 buildings on condominium property that are three stories or
2718 higher in height, which is searchable by county, and must post
2719 the list on the division's website. This list must include all
2720 of the following information:
2721 1. The name of each association with buildings on the
2722 condominium property that are three stories or higher in height.
2723 2. The number of such buildings on each association's
2724 property.
2725 3. The addresses of all such buildings.
2726 4. The counties in which all such buildings are located.
2727 (c) An association must provide an update in writing to
2728 the division if there are any changes to the information in the
2729 list under paragraph (b) within 6 months after the change.
2730 Section 18. Paragraph (d) of subsection (1) and paragraphs
2731 (d) and (e) of subsection (2) of section 718.503, Florida
2732 Statutes, are amended to read:
2733 718.503 Developer disclosure prior to sale; nondeveloper
2734 unit owner disclosure prior to sale; voidability.—
2735 (1) DEVELOPER DISCLOSURE.—
2736 (d) Milestone inspection, turnover inspection report, or
2737 structural integrity reserve study.—If the association is
2738 required to have completed a milestone inspection as described
2739 in s. 553.899, a turnover inspection report for a turnover
2740 inspection performed on or after July 1, 2023, or a structural
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2741 integrity reserve study, and the association has not completed
2742 the milestone inspection, the turnover inspection report, or the
2743 structural integrity reserve study, each contract entered into
2744 after December 31, 2024, for the sale of a residential unit
2745 shall contain in conspicuous type a statement indicating that
2746 the association is required to have a milestone inspection, a
2747 turnover inspection report, or a structural integrity reserve
2748 study and has not completed such inspection, report, or study,
2749 as appropriate. If the association is not required to have a
2750 milestone inspection as described in s. 553.899 or a structural
2751 integrity reserve study, each contract entered into after
2752 December 31, 2024, for the sale of a residential unit shall
2753 contain in conspicuous type a statement indicating that the
2754 association is not required to have a milestone inspection or a
2755 structural integrity reserve study, as appropriate. If the
2756 association has completed a milestone inspection as described in
2757 s. 553.899, a turnover inspection report for a turnover
2758 inspection performed on or after July 1, 2023, or a structural
2759 integrity reserve study, each contract entered into after
2760 December 31, 2024, for the sale of a residential unit shall
2761 contain in conspicuous type:
2762 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2763 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2764 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2765 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2766 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2767 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2768 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2769 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2770 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2771 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
2772 EXECUTION OF THIS CONTRACT; or and
2773 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2774 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2775 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2776 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2777 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2778 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2779 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2780 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2781 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2782 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2783 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2784 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2785 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2786 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2787 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2788 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2789 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2790 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2791 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2792 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2793 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103
2794 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2795 WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2796 CLOSING.
2797
2798 A contract that does not conform to the requirements of this
2799 paragraph is voidable at the option of the purchaser prior to
2800 closing.
2801 (2) NONDEVELOPER DISCLOSURE.—
2802 (d) Each contract entered into after July 1, 1992, for the
2803 resale of a residential unit shall contain in conspicuous type
2804 either:
2805 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2806 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
2807 OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
2808 BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT
2809 ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, A COPY OF ALL
2810 CURRENT LINE OF CREDIT AGREEMENTS AND LINE OF CREDIT LOAN
2811 DOCUMENTS, A COPY OF ALL ASSESSMENTS FROM THE PREVIOUS 2 YEARS,
2812 AND A COPY OF THE FREQUENTLY ASKED QUESTIONS AND ANSWERS
2813 DOCUMENT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
2814 LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS CONTRACT; or
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2815 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2816 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2817 CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2818 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2819 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
2820 OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF
2821 THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL
2822 STATEMENT AND ANNUAL BUDGET, A COPY OF ALL CURRENT LINE OF
2823 CREDIT AGREEMENTS AND LINE OF CREDIT LOAN DOCUMENTS, A COPY OF
2824 ALL ASSESSMENTS FROM THE PREVIOUS 2 YEARS, AND A COPY OF THE
2825 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED
2826 IN WRITING. ANY PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS
2827 SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR
2828 A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS,
2829 AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES THE DECLARATION,
2830 ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION,
2831 AND A COPY OF THE MOST RECENT ANNUAL FINANCIAL STATEMENT AND
2832 ANNUAL BUDGET, A COPY OF ALL CURRENT LINE OF CREDIT AGREEMENTS
2833 AND LINE OF CREDIT LOAN DOCUMENTS, A COPY OF ALL ASSESSMENTS
2834 FROM THE PREVIOUS 2 YEARS, YEAR-END FINANCIAL INFORMATION AND A
2835 COPY OF THE FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF
2836 REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
2837 TERMINATE AT CLOSING.
2838
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2839 A contract that does not conform to the requirements of this
2840 paragraph is voidable at the option of the purchaser before
2841 prior to closing.
2842 (e) If the association is required to have completed a
2843 milestone inspection as described in s. 553.899, a turnover
2844 inspection report for a turnover inspection performed on or
2845 after July 1, 2023, or a structural integrity reserve study, and
2846 the association has not completed the milestone inspection, the
2847 turnover inspection report, or the structural integrity reserve
2848 study, each contract entered into after December 31, 2024, for
2849 the sale of a residential unit shall contain in conspicuous type
2850 a statement indicating that the association is required to have
2851 a milestone inspection, a turnover inspection report, or a
2852 structural integrity reserve study and has not completed such
2853 inspection, report, or study, as appropriate. If the association
2854 is not required to have a milestone inspection as described in
2855 s. 553.899 or a structural integrity reserve study, each
2856 contract entered into after December 31, 2024, for the sale of a
2857 residential unit shall contain in conspicuous type a statement
2858 indicating that the association is not required to have a
2859 milestone inspection or a structural integrity reserve study, as
2860 appropriate. If the association has completed a milestone
2861 inspection as described in s. 553.899, a turnover inspection
2862 report for a turnover inspection performed on or after July 1,
2863 2023, or a structural integrity reserve study, each contract
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2864 entered into after December 31, 2024, for the resale of a
2865 residential unit shall contain in conspicuous type:
2866 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2867 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
2868 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2869 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2870 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2871 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2872 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2873 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2874 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
2875 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
2876 EXECUTION OF THIS CONTRACT; or and
2877 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2878 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
2879 CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2880 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2881 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
2882 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2883 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2884 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2885 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2886 COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
2887 RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND
2888 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2889 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2890 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
2891 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2892 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2893 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2894 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2895 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2896 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
2897 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103
2898 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2899 WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2900 CLOSING.
2901
2902 A contract that does not conform to the requirements of this
2903 paragraph is voidable at the option of the purchaser before
2904 prior to closing.
2905 Section 19. Section 31 of chapter 2024-244, Laws of
2906 Florida, is amended to read:
2907 Section 31. The amendments made to ss. 718.103(14) and
2908 718.202(3) and s. 718.407(1), (2), and (6), Florida Statutes, as
2909 created by this act, are intended to clarify existing law and
2910 shall apply retroactively. However, such amendments do not
2911 revive, or reinstate, or retroactively apply to any right or
2912 interest of a condominium unit owner or condominium association
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2913 in a matter pending adjudication that has been fully and finally
2914 adjudicated as invalid before October 1, 2024.
2915 Section 20. Subsection (3) of section 914.21, Florida
2916 Statutes, is amended to read:
2917 914.21 Definitions.—As used in ss. 914.22-914.24, the
2918 term:
2919 (3) "Official investigation" means any investigation
2920 instituted by a law enforcement agency or prosecuting officer of
2921 this the state, or a political subdivision of this the state, or
2922 the Commission on Ethics, or the Division of Florida
2923 Condominiums, Timeshares, and Mobile Homes of the Department of
2924 Business and Professional Regulation.
2925 Section 21. Except as otherwise provided in this act, this
2926 act shall take effect July 1, 2025.
2927
2928 -----------------------------------------------------
2929 T I T L E A M E N D M E N T
2930 Remove everything before the enacting clause and insert:
2931 A bill to be entitled
2932 An act relating to condominium associations; creating
2933 s. 163.212, F.S.; providing definitions; requiring
2934 certain local governments to confirm by a specified
2935 date whether a structural integrity reserve study and
2936 milestone inspection have been completed for certain
2937 buildings and if the study and inspection report has
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2938 been filed with the Florida Division of Condominiums,
2939 Timeshares, and Mobile Homes; requiring each local
2940 government to submit a certain report to the division
2941 by a specified date; amending s. 553.899, F.S.;
2942 requiring local enforcement agencies to provide
2943 specified information to the Department of Business
2944 and Professional Regulation by a specified date and
2945 annually thereafter; requiring the department to
2946 provide certain information to the Office of Program
2947 Policy and Government Accountability (OPPAGA);
2948 authorizing OPPAGA to request additional information;
2949 amending s. 718.103, F.S.; revising the definition of
2950 the term "alternative funding method"; amending s.
2951 718.110, F.S.; providing that the declaration of a
2952 nonresidential condominium may be amended to change
2953 certain provisions if all affected record owners join
2954 in the execution of such amendment; requiring certain
2955 documents to be served at a unit owner's address as
2956 reflected in the association's official records;
2957 amending s. 718.111, F.S.; requiring, rather than
2958 authorizing, an association to provide adequate
2959 insurance coverage; revising the requisite intent
2960 necessary for criminal penalties; requiring
2961 associations to maintain the most recent annual
2962 financial statement and annual budget on the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
2963 condominium property; removing the requirement for an
2964 association to provide a unit owner specified notice
2965 that the most updated financial report will be
2966 provided to the unit owner upon request; providing
2967 legislative findings; authorizing the board of an
2968 association to levy special assessments and obtain
2969 loans for certain purposes without approval of the
2970 membership; providing applicability; requiring an
2971 association to post the adopted minutes of certain
2972 meetings and certain information relating to
2973 assessments and special assessments on the
2974 association's website or application; amending s.
2975 718.112, F.S.; authorizing an association to adopt
2976 written reasonable rules governing unit owner
2977 questions at a meeting; authorizing an association
2978 operating a nonresidential condominium to provide for
2979 different voting and election procedures; revising the
2980 dollar amount of the deferred maintenance expense or
2981 replacement cost threshold; authorizing members to
2982 waive the maintenance of reserves if the total voting
2983 interests of the association have voted to terminate
2984 the condominium; authorizing the board of an
2985 association to pause or reduce contributions to its
2986 reserves without requiring approval from the members
2987 of the association; authorizing a majority of the
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Bill No. CS/HB 913 (2025)
Amendment No. 1
2988 total voting interests of certain associations to
2989 approve the provision of a specified line of credit to
2990 be used for certain purposes; requiring an association
2991 to provide specified notice to its members before
2992 voting to secure a line of credit; requiring the
2993 department to adopt rules; providing that an
2994 association may create reserve accounts in accordance
2995 with the most recent structural integrity reserve
2996 study without a vote of the members; authorizing an
2997 association's reserve accounts to be pooled; requiring
2998 a structural integrity reserve study for buildings
2999 that have at least three habitable stories; revising
3000 the dollar amount of the deferred maintenance expense
3001 or replacement cost threshold; requiring certain
3002 expenses or costs to be modified annually; requiring
3003 the department to post revised expenses or costs on
3004 its website by a specified date; specifying that a
3005 conflict of interest exists if the person conducting a
3006 structural integrity reserve study or milestone
3007 inspection provides or contracts to provide repair or
3008 replacement services on certain property; revising
3009 applicability; requiring officers and directors to
3010 sign a specified affidavit; requiring the department
3011 to initiate rulemaking by a specified date for certain
3012 purposes; prohibiting the suspension of a voting
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Page 122 of 127
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
3013 interest of a condominium when voting to recall a
3014 member of the board of administration; prohibiting any
3015 prior suspension of voting rights from having any
3016 effect; removing certain provisions relating to the
3017 method for recalling members of the board; requiring
3018 that a recall agreement be served on the association
3019 by registered mail, rather than by certified mail or
3020 by personal service; providing that service must be
3021 provided in a specified manner to be valid; providing
3022 that a rejection of a unit owner's recall agreement
3023 applies under certain circumstances; providing that
3024 there is a rebuttable presumption that a unit owner
3025 executing a recall agreement is the designated voter
3026 for the unit; prohibiting an association from
3027 enforcing a voting certificate requirement under
3028 certain circumstances; requiring that a rescission or
3029 revocation of a unit owner's recall agreement be in
3030 writing and delivered to the association before an
3031 association is served with the written recall
3032 agreement; providing construction; revising the
3033 timeframe in which a certain petition or action must
3034 be filed; requiring that an association be named as
3035 the respondent in such petition or action; revising
3036 the timeframe in which the Division of Florida
3037 Condominiums, Timeshares, and Mobile Homes or a court
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Page 123 of 127
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
3038 may not accept a recall petition or a court action;
3039 providing that a director or an officer is delinquent
3040 if payment is not made by a specified due date
3041 identified in the declarations, bylaws, or articles of
3042 incorporation; providing that a payment is delinquent
3043 on the first day of the assessment period if no
3044 specified due date is in the declarations, bylaws, or
3045 articles of incorporation; amending s. 718.113, F.S.;
3046 requiring the board to determine whose responsibility
3047 it is to pay for removal or reinstallation of
3048 hurricane protection; removing authorization for an
3049 association to enforce and collect certain charges as
3050 assessments; amending s. 718.116, F.S.; providing
3051 legislative findings; authorizing the board of an
3052 association to levy special assessments for certain
3053 purposes without approval of the membership; providing
3054 applicability; amending s. 718.117, F.S.; authorizing
3055 termination of a condominium if the estimated costs of
3056 replacement, in addition to certain construction or
3057 repair costs, exceed the estimated fair market value
3058 of the units; requiring approval for termination of a
3059 condominium by a specified percentage of the voting
3060 interests under certain circumstances; removing
3061 provision prohibiting a plan of termination if a
3062 certain percentage of the total voting interests
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Page 124 of 127
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
3063 reject the plan; specifying how members can reject a
3064 plan of termination; providing that certain provisions
3065 relating to a plan of termination apply to residential
3066 condominiums only; requiring a plan of termination to
3067 be approved by the division; authorizing condominiums
3068 to amend their declarations by a specified vote to
3069 include certain provisions of statutory law; providing
3070 additional reasons a unit owner or lienor can contest
3071 the apportionment of proceed from a sale of the
3072 condominium; amending s. 718.1255, F.S.; providing
3073 requirements for bringing an action to challenge an
3074 election or a recall; authorizing certain persons to
3075 file a notice of removal and complaint in circuit
3076 court within a specified timeframe after service of a
3077 petition to arbitrate an election or recall disputes;
3078 barring actions that are not timely filed and
3079 rendering the arbitration decision final; providing
3080 requirements for filing a notice of removal and
3081 complaint and bringing an action to challenge the
3082 arbitration decision; specifying the sole method in
3083 which the division or court may award costs and
3084 attorney fees in a dispute involving the recall of a
3085 director; amending s. 718.128, F.S.; removing a
3086 requirement for written notice of certain meetings;
3087 requiring, after a specified percentage of voting
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Page 125 of 127
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
3088 interests adopts a resolution, a board to hold a
3089 meeting within a certain timeframe; requiring a board
3090 to receive a petition to adopt a resolution within a
3091 certain timeframe; requiring an association to have a
3092 designated e-mail address for receipt of ballots
3093 transmitted electronically; providing requirements for
3094 electronically transmitting a ballot; providing a
3095 presumption; amending s. 718.203, F.S.; providing that
3096 all condominiums, not just residential, can be covered
3097 by an insured warranty program; amending s. 718.301,
3098 F.S.; providing that certain provisions of law
3099 relating to transfer of control of an association do
3100 not apply to certain residential condominiums
3101 beginning on a specified date; amending s. 718.302,
3102 F.S.; providing that if unit owners own a specified
3103 percentage of voting interests in certain condominiums
3104 that certain agreements may be cancelled by the unit
3105 owners; amending s. 718.407, F.S.; requiring that a
3106 specified report be provided to an association within
3107 a certain amount of time after the end of the fiscal
3108 year; requiring copies of receipts and invoices be
3109 included with the report; authorizing the division to
3110 impose penalties under certain circumstances;
3111 authorizing an association to challenge the
3112 apportionment of certain costs of the shared
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Page 126 of 127
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1
3113 facilities within a certain amount of time; providing
3114 construction; amending s. 718.501, F.S.; authorizing
3115 the division to review records and investigate certain
3116 complaints; requiring each association to create and
3117 maintain an online account with the division with
3118 specified information; requiring the division to adopt
3119 rules; requiring associations to provide specified
3120 information in electronic format to the division by a
3121 specified date; requiring such information be updated
3122 within a specified timeframe; removing requirements
3123 for certain information to be provided to the
3124 division; amending s. 718.503, F.S.; revising
3125 specified notices; requiring a developer or unit owner
3126 to provide one notice, instead of two, to a buyer
3127 before the sale of a unit; requiring a unit owner to
3128 provide the most recent annual financial statement and
3129 annual budget to a buyer before the sale of a unit;
3130 amending ch. 2024-244, Laws of Florida; providing that
3131 certain amendments that were made to the Condominium
3132 Act do not revive, reinstate, or retroactively apply
3133 to a right or interest of a condominium unit owner or
3134 condominium association in a matter pending
3135 adjudication before a specified date; amending s.
3136 914.21, F.S.; revising the definition of the term
3137 "official investigation"; providing effective dates.
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Page 127 of 127
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 913 (2025)
Amendment No. 1a
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Basabe offered the following:
3
4 Amendment to Amendment (248991) by Representative Lopez, V.
5
6 Remove line 2914 of the amendment and insert:
7 adjudicated as invalid before December October 1, 2024.
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Page 1 of 1
CS/HB 987
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 987 COMPANION BILL: None
TITLE: Transportation Facility Designations LINKED BILLS: None
SPONSOR(S): Brannan, Nix RELATED BILLS: SB 654, SB 1408
Committee References
Economic Infrastructure Commerce
17 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill designates transportation facilities across the state for memorial purposes and directs the Florida
Department of Transportation (FDOT) to erect suitable markers for each designation.
Fiscal or Economic Impact:
The bill will have an insignificant negative impact on state government expenditures.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires FDOT to erect suitable markers for the following transportation facility designations: (Section 1).
Heroes Memorial Overpass
That portion of the overpass on S.R. 100 between S Temple Avenue and E South Street in Bradford County is
designated as "Heroes Memorial Overpass."
Sergeant Elio Diaz Memorial Highway
That portion of U.S. 41 between Melbourne Street and Church Street in Charlotte County is designated as "Sergeant
Elio Diaz Memorial Highway."
Palm Beach County Sheriff’s Office (PBSO) Motorman Highway
That portion of Southern Boulevard between 18000 Southern Boulevard (Lion Country Safari Road) and Royal
Palm Beach Boulevard in Palm Beach County is designated as "PBSO Motorman Highway."
Staff Sergeant Matthew Sitton Memorial Highway
That portion of S.R. 688/Ulmerton Road between 122nd Avenue N./125th Street and Walsingham Road in Pinellas
County is designated as “Staff Sergeant Matthew Sitton Memorial Highway.”
Sheriff Gary S. Borders Memorial Highway
That portion of S.R. 19 and County Road 48 in Howey-In-The-Hills within Lake County is designated as “Sheriff
Gary S. Borders Memorial Highway.”
The bill has an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill will have an insignificant negative impact on state government expenditures. FDOT estimates a cost of
$2,400 per designation for the appropriate markers, which provides for two signs per designation at $1,200 per
STORAGE NAME: h0987.COM
DATE: 4/11/2025
1
sign.1 Therefore, the bill has an estimated negative fiscal impact of $12,000 to the State Transportation Trust Fund.
This cost can be absorbed within existing FDOT resources.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Legislative Designation of Transportation Facilities
The Legislature may designate a transportation facility, such as a bridge or a portion of a road, for honorary or
memorial purposes or to distinguish a particular facility. Legislative designations do not officially change the
existing names of facilities and do not require local governments or private parties to change street signs, mailing
addresses, or 911 emergency telephone number system listings.2
Unless specifically provided by law, public facilities such as buildings, parks, roads, bridges, and other similar
facilities may not be named for any living person.3
Transportation Facility Markers
Following a legislative designation, FDOT is required to place markers at the termini or intersections specified for
each highway segment or bridge designated and may place other markers it deems as appropriate.4 Before
markers may be erected, the appropriate city or county commission must pass a resolution in support of the
particular honorary designation. If the designated bridge or road segment is located in more than one city or
county, there must be resolutions supporting the designation from each affected local government before markers
may be erected.5
Biographical Information
Heroes Memorial Overpass
The Heroes Memorial Overpass recognizes the bravery, dedication, and sacrifice of military service members, first
responders, and other heroes who have served to protect the City of Starke community.
Sergeant Elio Diaz Memorial Highway
On December 15, 2024, Sergeant Elio Diaz was shot and killed during a traffic stop in Charlotte Harbor. Sergeant
Diaz had served with the Charlotte County Sheriff’s Office for over 11 years.
Palm Beach County Sheriff’s Office (PBSO) Motorman Highway
On November 2024, three motor deputies were killed in Palm Beach County after being struck by a car. This
designation not only pays tribute to the three motormen, but it also recognizes the role of all first responders who
serve the community.
Staff Sergeant Matthew Sitton Memorial Highway
On August 2, 2012, Staff Sergeant Matthew Sitton was killed in action in Kandahar, Afghanistan during Operation
Enduring Freedom. A native of Largo, he served with distinction in the United States Army. Throughout his service,
he earned numerous commendations, including the Bronze Star Medal, Purple Heart, Army Commendation Medal
with oak leaf cluster, Army Achievement Medal, Army Good Conduct Medal with knot, National Defense Service
Medal, Expert Infantryman Badge, and the Parachutist Badge.
Sheriff Gary S. Borders Memorial Highway
1 Email from Jack Rogers, Director of Legislative Affairs, Department of Transportation, RE: Road Designations Review (Feb.
13, 2025).
2 S. 334.071(1), F.S.
3 S. 267.062(1), F.S.
4 S. 334.071(2), F.S.
5 S. 334.071(3), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Sheriff Gary S. Borders was appointed as Lake County sheriff in 2006 and he was later elected in 2008 and 2012. In
addition to his law duties, Sheriff Borders served on numerous boards, including the Board of Directors for the
Florida Sheriff’s Association and the Educational Foundation of Lake County. He received many awards throughout
his career, including the Florida DARE Sheriff of the Year and the Lake County Community of Distinction Award.
Sheriff Borders retired in 2017 and passed on November 16, 2021.
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 17 Y, 0 N, As CS 3/12/2025 Keating Garcia
Subcommittee
THE CHANGES ADOPTED BY THE Added transportation facility designations not included in the original bill.
COMMITTEE:
Commerce Committee Hamon Garcia
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 987 2025
1 A bill to be entitled
2 An act relating to transportation facility
3 designations; providing honorary designations of
4 certain transportation facilities in specified
5 counties; directing the Department of Transportation
6 to erect suitable markers; providing an effective
7 date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Transportation facility designations;
12 Department of Transportation to erect suitable markers.—
13 (1) That portion of the overpass on S.R. 100 between S.
14 Temple Avenue and E. South Street in Bradford County is
15 designated as "Heroes Memorial Overpass."
16 (2) That portion of U.S. 41 between Melbourne Street and
17 Church Street in Charlotte County is designated as "Sergeant
18 Elio Diaz Memorial Highway."
19 (3) That portion of Southern Boulevard between 18000
20 Southern Boulevard/Lion Country Safari Road and Royal Palm Beach
21 Boulevard in Palm Beach County is designated as "PBSO Motorman
22 Highway."
23 (4) That portion of S.R. 688/Ulmerton Road between 122nd
24 Avenue N./125th Street and Walsingham Road in Pinellas County is
25 designated as "Staff Sergeant Matthew Sitton Memorial Highway."
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb987-01-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 987 2025
26 (5) That portion of S.R. 19 and C.R. 48 in Howey-in-the-
27 Hills in Lake County is designated as "Sheriff Gary S. Borders
28 Memorial Highway."
29 (6) The Department of Transportation is directed to erect
30 suitable markers designating the transportation facilities as
31 described in this section.
32 Section 2. This act shall take effect July 1, 2025.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb987-01-c1
COMMERCE COMMITTEE
CS/HB 987 by Rep. Brannan
Transportation Facility Designations
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Brannan (line 29):
• Directs the Department of Transportation to erect suitable markers designating:
o That portion of U.S. 27 within the municipal boundaries of Minneola in Lake
County as "Master Deputy Bradley Link Memorial Highway."
o That portion of S.R. 400 east of the Central Parkway Bridge and the E. E.
Williamson Bridge in the City of Longwood in Seminole County as “Sergeant
Karl Strohsal Memorial Highway.”
Amendment 2 by Rep. Hunschofsky (line 29):
• Directs the Department of Transportation to erect suitable markers designating the
bridge on S.R. 7 over Sample Road in Broward County as "SPC Daniel J. Agami
Bridge."
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 987 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Brannan offered the following:
3
4 Amendment
5 Remove line 29 and insert:
6 (6) That portion of U.S. 27 within the municipal
7 boundaries of Minneola in Lake County is designated as "Master
8 Deputy Bradley Link Memorial Highway."
9 (7) That portion of S.R. 400 east of the Central Parkway
10 Bridge and the E. E. Williamson Bridge in the City of Longwood
11 in Seminole County is designated as “Sergeant Karl Strohsal
12 Memorial Highway.”
13 (8) The Department of Transportation is directed to erect
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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 987 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Hunschofsky offered the following:
3
4 Amendment
5 Remove line 29 and insert:
6 (6) The bridge on S.R. 7 over Sample Road in Broward
7 County is designated as "SPC Daniel J. Agami Bridge."
8 (7) The Department of Transportation is directed to erect
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Page 1 of 1
CS/HB 991
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 991 COMPANION BILL: SB 1242 (McClain)
TITLE: Community Redevelopment Agencies LINKED BILLS: None
SPONSOR(S): Giallombardo RELATED BILLS: None
Committee References
State Affairs Commerce
17 Y, 8 N, As CS
SUMMARY
Effect of the Bill:
The bill prohibits the creation of new community redevelopment agencies (CRAs) on or after July 1, 2025. The bill
also revises the current schedule for termination of existing CRAs to provide that CRAs in existence as of July 1,
2025, terminate at the earlier of September 30, 2045, or the date provided in the CRA’s charter. The bill eliminates
the ability of counties and municipalities to approve the continued existence of CRAs and prohibits CRAs from
initiating new projects or issuing new debt.
Fiscal or Economic Impact:
The bill will have a positive fiscal impact on counties, municipalities, and special districts that currently contribute
to the redevelopment trust fund of a CRA by allowing those governments to retain funds that would otherwise be
deposited in the redevelopment trust fund.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill prohibits the creation of new community redevelopment agencies (CRAs) on or after July 1, 2025. (Section
1)
The bill revises the current schedule for termination of existing CRAs to provide that CRAs in existence as of July 1,
2025, terminate on the earlier of the date provided in the CRA’s charter as of July 1, 2025, or September 30, 2045
(instead of September 30, 2039), whichever date is earlier. The bill removes the ability of the governing body of a
county or municipality that created the CRA to approve its continued existence by a majority vote. (Section 1)
The bill prohibits a CRA from initiating new projects or issuing new debt on or after October 1, 2025. The bill
defines a “new project” as any project for which a CRA has not appropriated funds in its budget for the fiscal year
ending September 30, 2025, or for which the CRA does not retain redevelopment trust fund monies as authorized
by law for the fiscal year ending September 30, 2025. (Section 1)
The bill provides that if a CRA has outstanding bonds that will not mature until after the earlier of its dissolution
date or September 30, 2045, the CRA will remain in existence until the bonds mature. A CRA operating in this
manner on or after September 30, 2045, is prohibited from extending the maturity date of any outstanding bonds.
The bill revises the current requirement for counties or municipalities that created a CRA that has outstanding
bonds that mature after the dissolution deadline to issue a new finding of necessity to instead require those local
governments to issue an amended community redevelopment plan. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
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1
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill will have a positive fiscal impact on counties, municipalities, and special districts that currently contribute
to the redevelopment trust fund of a CRA by allowing those local governments to retain funds that would
otherwise be deposited in the redevelopment trust fund.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Community Redevelopment Agencies (CRAs)
The Community Redevelopment Act of 1969 authorizes each county or municipality to create a CRA as a means for
redeveloping slums and blighted areas in the community.1 An area is considered a slum if it has elevated rates of
disease, infant mortality, juvenile delinquency, poverty, or crime due to the large number of buildings or
improvements in the area in a poor state of repair and has at least one of the following factors present:
Inadequate ventilation, light, air, sanitation, or open spaces;
High population density (compared to adjacent areas within the county or municipality) and overcrowding
(as indicated by government-maintained statistics or other studies and the requirements of the Florida
Building Code); or
The existence of conditions that endanger life or property by fire or other causes.2
An area is considered blighted if there are a substantial number of deteriorated or deteriorating buildings that are
causing economic distress or endangering the life or property of others and where two or more of the following
factors are present:
Inadequate or defective transportation facilities, including street layout, parking, roads, and bridges;
Aggregate property values for property tax purposes have not increased in the past five years;
Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
Unsanitary or unsafe conditions;
Deterioration of property improvements;
Inadequate and outdated building density patterns;
Falling lease rates for office, commercial, or industrial space compared to the rest of the county or
municipality;
Tax or special assessment delinquency that exceeds the fair market value of the land;
Residential and commercial vacancy rates higher in the area than in the rest of the county or municipality;
Higher crime rates than the rest of the county or municipality;
Higher volume of fire and emergency medical service calls than the rest of the county or municipality;
Greater number of violations of the Florida Building Code than the number of violations recorded in the
remainder of the county or municipality;
Diversity of ownership or defective or unusual conditions of title that prevent the free alienability of land
within the area;
Governmentally-owned property with adverse environmental conditions caused by a public or private
entity; or
A substantial number or percentage of properties damaged by sinkhole activity that have not been
adequately repaired or stabilized.3
An area also may be classified as blighted if one of the above factors is present and all taxing authorities with
jurisdiction over the area have agreed that the area is blighted by interlocal agreement or by passage of a
resolution by the governing bodies.4
1 S. 163.356, F.S. A charter county with a population less than or equal to 1.6 million may create more than one CRA if
approved by a vote of a majority plus one of the entire governing body of the charter county. S. 163.356(1), F.S.
2 S. 163.340(7), F.S.
3 S. 163.340(8), F.S.
4 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
As of February 25, 2025, there are 213 CRAs in operation.5
Creation of a CRA
Before creating a CRA, a county or municipal government must adopt a resolution with a “finding of necessity.”6
The resolution must contain legislative findings supported by data and analysis that the area to be included in the
CRA’s jurisdiction is either blighted or a slum area and that redevelopment of the area is necessary to promote the
public health, safety, morals, or welfare of residents.7
A county or municipality may create a CRA upon the adoption of a finding of necessity and a finding that a CRA is
necessary for carrying out the community redevelopment goals.8 A CRA created by a county may only operate
within the boundaries of a municipality when the municipality has concurred by resolution with the community
redevelopment plan adopted by the county. A CRA created by a municipality may not include more than 80 percent
of the municipality if it was created after July 1, 2006.9
The ability to create, expand, or modify a CRA is also determined by the county’s status as a charter or non-charter
county. In a charter county, the county possesses the authority to create CRAs within the county, but may delegate
that authority to a municipality by interlocal agreement.10 In non-charter counties, the county does not have
authority over the creation of CRAs by municipalities, including any modification of the redevelopment plan or
expansion of CRA boundaries. 11
Scheduled Termination of CRAs
Current law provides for the dissolution of CRAs in existence on October 1, 2019, at the earlier of September 30,
2039, or the date provided in their respective charters as of October 1, 2019.12 However, the governing body of the
county or municipality that created the CRA may approve its continued existence beyond those dates by a majority
vote. If a county or municipality does not approve the continued existence of a CRA, and the CRA has outstanding
bonds that will not mature until after the agency’s dissolution date, the CRA remains in existence until the bonds
mature.13 A CRA operating until its bonds mature may not extend the maturity date of any outstanding bonds on or
after September 30, 2039, and the county or municipality that created the CRA must issue a new finding of
necessity limited to timely meeting the remaining bond obligations of the agency.
Redevelopment Trust Fund
CRAs are not authorized to levy or collect taxes. Instead, the county or municipality that created the CRA may
establish a community redevelopment trust fund that is funded through tax increment financing (TIF).14 The
amount of TIF available to the CRA in a given year is equal to 95 percent of the difference between:
The amount of ad valorem taxes levied in the current year by each taxing authority,15 excluding any debt
service millage, on taxable real property within the boundaries of the community redevelopment area; and
The amount of ad valorem taxes that would have been produced by levying the current year’s millage rate
for each taxing authority, excluding any debt service millage, on taxable real property within the
5 See Florida Department of Commerce, Official List of Special Districts (last visited Feb. 25, 2025).
6 S. 163.355, F.S.
7 Id.
8 S. 163.356(1), F.S.
9 S. 163.340(10), F.S.
10 S. 163.410, F.S. If a municipality in a charter county created a CRA before the adoption of the county charter, the CRA
continues to operate under provisions applicable for non-charter counties.
11 S. 163.415, F.S.
12 S. 163.3755(1), F.S.
13 S. 163.3755(2), F.S.
14 S. 163.387, F.S.
15 A “taxing authority” is defined as any “public body that levies or is authorized to levy an ad valorem tax on real property
located in a community redevelopment area,” excluding school districts. S. 163.340, F.S. In addition to school districts, special
districts that levy ad valorem taxes in more than one county, special districts funded solely by ad valorem taxation, library
districts (unless the CRA had validated bonds as of April 30, 1984), neighborhood improvement districts, metropolitan
transportation authorities, water management districts, and hospital districts (if the CRA was created on or after July 1, 2016)
are exempt from contributing to the redevelopment trust fund. In addition, CRAs may exempt other special districts following
a specified procedure. S. 163.387(2)(c)-(d), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
boundaries of the community redevelopment area at the total assessed value of the taxable real property
prior to the effective date of the ordinance providing for the redevelopment trust fund.16
For CRAs created on or after October 1, 2019, or a CRA created by Miami-Dade County on or after July 1, 1994, the
governing body of the county or municipality may lower the TIF percentage, with a floor of 50 percent.17
Each taxing authority must transfer TIF funds to the redevelopment trust fund of the CRA by January 1 of each
year.18 For CRAs created before July 1, 2002, each taxing authority must make an annual appropriation to the trust
fund for a period of no more than 60 years from when the community redevelopment plan was adopted or no more
than 30 years from when the plan was amended, whichever is less. For CRAs created on or after July 1, 2002, each
taxing authority must make an annual appropriation to the trust fund for no more than 40 years from when the
community redevelopment plan was adopted.19 If there are any outstanding loans, advances, or indebtedness at
the conclusion of these periods, the local governing body that created the CRA must continue transfers to the
redevelopment trust fund until the debt has been retired.20
If a taxing authority does not transfer the TIF funds to the redevelopment trust fund, the taxing authority is
required to pay a penalty of 5 percent of the TIF amount to the trust fund as well as 1 percent interest per month
for the outstanding amount.21 A CRA may choose to waive these penalties in whole or in part.
Money in the redevelopment trust fund may only be spent pursuant to an annual budget adopted by the CRA board
and may be used to pay for the following expenses:
Administrative and overhead expenses necessary to implement a community redevelopment plan adopted
by the CRA.
Expenses of redevelopment planning, surveys, and financial analysis, including reimbursement of the
governing body or the CRA for such expenses incurred before the redevelopment plan was approved and
adopted.
Acquisition of real property in the redevelopment area.
Clearance and preparation of any redevelopment area for redevelopment and relocation of residents.
Repayment of principal and interest or any redemption premium for loans, advances, bonds, bond
anticipation notes, and any other form of indebtedness.
Expenses related to the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation
notes, or other form of indebtedness.
Development of affordable housing within the community redevelopment area.
Development of community policing innovations.22
Any expenses that are necessary to exercise the powers that have been granted to counties and
municipalities for community redevelopment that have been delegated to the CRA.23
If any money remains in the redevelopment trust fund at the end of a fiscal year, the CRA must:
Return the money to each taxing authority in proportion to its contribution for that year;
Use the funds to reduce the amount of any indebtedness to which increment revenues are pledged;
Deposit the funds into an escrow account for the purpose of later reducing any indebtedness to which
increment revenues are pledged; or
Appropriate the funds to a specific redevelopment project pursuant to an approved community
redevelopment plan.24
16 S. 163.387(1), F.S.
17 See ch. 2019-163, s. 8, Laws of Fla.
18 S. 163.387(2)(a), F.S.
19 S. 163.387(2)(a), F.S.
20 S. 163.387(3)(a), F.S.
21 S. 163.387(2)(b), F.S.
22 A “community policing innovation” is a policing technique or strategy designed to reduce crime by reducing opportunities
for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community,
including, but not limited to, community mobilization, neighborhood block watch, citizen patrol, citizen contact patrol, foot
patrol, neighborhood storefront police stations, field interrogation, or intensified motorized patrol. S. 163.340(23), F.S.
23 S. 163.387(6), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
If the funds are appropriated for a specific project, the funds may not be used for another purpose unless the
project is amended, redesigned, or delayed, in which case the funds must be re-appropriated pursuant to the next
annual budget adopted by the CRA board.25
Revenue Bonds
A county, municipality, or CRA may issue revenue bonds for the purpose of financing redevelopment projects and
may issue refunding bonds for the repayment or retirement of bonds or other obligations previously issued.26 Any
revenue bonds or other obligation issued by a CRA must mature within 40 years for CRAs created on or after July 1,
2002, or 60 years for CRAs created before July 1, 2002, after the end of the fiscal year in which the community
redevelopment plan was initially adopted, but no later than the expiration date of the plan in effect at the time the
bond or obligation was issued.
Any revenue bonds issued by the CRA are payable from revenues pledged to and received by the CRA and
deposited into the redevelopment trust fund.27 If increment revenues are pledged to repay any bond or other
obligation, the maturity date of the bonds may not exceed 30 years from the fiscal year in which the first increment
revenues were deposited in the trust fund for CRAs created before July 1, 2002, or 40 years for CRAs created on or
after July 1, 2002.28 The lien created by the revenue bonds does not attach to the funds until the revenues are
deposited in the redevelopment trust fund and do not grant bondholders any right to require taxation in order to
retire the bond.29
Revenue bonds issued by a CRA are not a liability of the state or any political subdivision of the state, and this
status must be made clear on the face of the bond.30
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IState Affairs Committee 17 Y, 8 N, As CS 3/13/2025 Williamson Darden
THE CHANGES ADOPTED BY THE Provides a definition for “new project.”
COMMITTEE: Revises the requirement for counties or municipalities that created a
CRA that has outstanding bonds that mature after the dissolution
deadline to issue a new finding of necessity to instead issue an
amended community redevelopment plan.
Commerce Committee Hamon Keating
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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24 S. 163.387(7), F.S.
25 S. 163.387(7)(d), F.S.
26 S. 163.385(1)(a), F.S.
27 S. 163.387(4), F.S.
28 S. 163.385(1)(a), F.S.
29 S. 163.387(4), F.S.
30 S. 163.387(5), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 991 2025
1 A bill to be entitled
2 An act relating to community redevelopment agencies;
3 amending s. 163.3755,F.S.; providing for the
4 termination of community redevelopment agencies on a
5 specified date; removing an exception; prohibiting
6 community redevelopment agencies from performing
7 certain actions on or after a specified date; defining
8 the term "new project"; revising provisions relating
9 to any outstanding bonds of a community redevelopment
10 agency; prohibiting the creation of community
11 redevelopment agencies on or after a specified date;
12 authorizing existing agencies to continue to operate;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 163.3755, Florida Statutes, is amended
18 to read:
19 163.3755 Termination of community redevelopment agencies;
20 prohibition on future creation.—
21 (1) A community redevelopment agency in existence on July
22 1, 2025 October 1, 2019, shall terminate on the expiration date
23 provided in the agency's charter on July 1, 2025 October 1,
24 2019, or on September 30, 2045 September 30, 2039, whichever is
25 earlier, unless the governing body of the county or municipality
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 991 2025
26 that created the community redevelopment agency approves its
27 continued existence by a majority vote of the members of the
28 governing body.
29 (2) A community redevelopment agency may not initiate any
30 new projects or issue any new debt on or after October 1, 2025.
31 For purposes of this subsection, the term "new project" means
32 any project for which there is no appropriation in the community
33 redevelopment agency's budget for the fiscal year ending on
34 September 30, 2025, or for which the community redevelopment
35 agency has not retained appropriated funds pursuant to s.
36 163.387(7)(d) for the fiscal year ending on September 30, 2025.
37 (3)(2)(a) Notwithstanding subsection (1) If the governing
38 body of the county or municipality that created the community
39 redevelopment agency does not approve its continued existence by
40 a majority vote of the governing body members, a community
41 redevelopment agency with outstanding bonds as of July 1, 2025
42 October 1, 2019, that do not mature until after the termination
43 date of the agency or September 30, 2045 September 30, 2039,
44 whichever is earlier, remains in existence until the date the
45 bonds mature.
46 (b) A community redevelopment agency operating under this
47 subsection on or after September 30, 2045 September 30, 2039,
48 may not extend the maturity date of any outstanding bonds.
49 (c) The county or municipality that created the community
50 redevelopment agency must issue an amended community
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 991 2025
51 redevelopment plan a new finding of necessity limited to timely
52 meeting the remaining bond obligations of the community
53 redevelopment agency.
54 (4) A community redevelopment agency may not be created on
55 or after July 1, 2025. A community redevelopment agency in
56 existence before July 1, 2025, may continue to operate as
57 provided in this part.
58 Section 2. This act shall take effect July 1, 2025.
Page 3 of 3
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COMMERCE COMMITTEE
CS/HB 991 by Rep. Giallombardo
Community Redevelopment Agencies
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Giallombardo (line 29):
• Provides the following exceptions to the bill’s prohibition on initiation of new projects and
issuance of new debt by community redevelopment agencies (CRA):
o A CRA may initiate a new project if the project is completed before the CRA’s
termination date.
o A CRA may issue new debt to finance a new project if the debt matures on or
before the CRA’s termination date.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 991 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Giallombardo offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 29-36 and insert:
6 (2) A community redevelopment agency may not initiate any
7 new projects or issue any new debt on or after October 1, 2025,
8 unless:
9 (a) The new project initiated is completed by the agency's
10 termination date.
11 (b) Any new debt issued to finance a new project matures
12 on or before the agency's termination date.
13
14 For purposes of this subsection, the term "new project" means
15 any project for which there is no appropriation in the community
16 redevelopment agency's budget for the fiscal year ending on
590813 - h0991-line29.docx
Published On: 4/14/2025 12:22:51 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 991 (2025)
Amendment No. 1
17 September 30, 2025, or for which the community redevelopment
18 agency has not retained appropriated funds pursuant to s.
19 163.387(7)(d) for the fiscal year ending on September 30, 2025.
20
21 -----------------------------------------------------
22 T I T L E A M E N D M E N T
23 Remove lines 5-8 and insert:
24 specified date; removing an exception; authorizing
25 community redevelopment agencies to perform certain
26 actions provided certain requirements are met;
27 defining the term "new project"; revising provisions
28 relating
29
590813 - h0991-line29.docx
Published On: 4/14/2025 12:22:51 PM
Page 2 of 2
CS/CS/HB 1071
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 1071 COMPANION BILL: CS/SB 1134 (Calatayud)
TITLE: Alternative Plans Reviews and Inspections LINKED BILLS: None
SPONSOR(S): Benarroch RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities 16 Y, 0 N, As CS
16 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill amends a private provider’s alternative plans review and inspection by:
Revising the definition of “single-trade inspection” to include plans review and explicitly include solar
energy and energy storage installations or alterations in the definition, thereby clarifying that such work
may be inspected by a private provider.
Allows the use of private providers for the inspection of work related to a single-trade inspection for a
single-family or two-family dwelling after work has commenced.
Specifying that a private provider may use an automated or software plans review program to determine if
single-trade plans comply with the applicable building codes.
o The software must be designed to determine compliance with one or more applicable codes,
including, but not limited to, the National Electrical Code and the Florida Building Code.
Reducing the time-period for a local building department to issue a permit from 20 business days to two
business days if the application is related to a single-trade plans review for a single-family or two-family
dwelling.
Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on local governments and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the definition of “single-trade inspection” to include plans review. The bill explicitly includes solar
energy and energy storage installations or alterations as an applicable single construction trade. (Section 1)
The bill clarifies that an owner or contractor’s notice of intent to use a private provider after construction has
commenced may specify whether any scheduled inspection will be conducted in person or virtually. (Section 1)
The bill allows the use of a private provider for the inspection of work related to a single-trade inspection of a
single-family or two-family dwelling after work on the project has commenced, regardless if the local building
official is able to provide inspection services within a timely manner. (Section 1)
The bill provides that a private provider may use an automated or software plans review program to determine if
single-trade plans comply with the applicable building codes1. The software must be designed to determine
compliance with one or more applicable codes, including, but not limited to, the National Electrical Code and the
1 “Applicable codes” means the Florida Building Code and any local technical amendments to the Florida Building Code but
does not include the applicable minimum fire prevention and fire safety codes adopted pursuant to chapter 633. S.
553.791(1)(a), F.S.
STORAGE NAME: h1071d.COM
DATE: 4/12/2025
1
Florida Building Code. The bill revises the required contents of a permit application to include plans reviewed by
such software. (Section 1)
The bill reduces the time period for a local building department to issue a building permit for applications
reviewed by private providers and related to a single-trade plans review for a single-family or two-family dwelling
from 20 business days to two business days. (Section 1).
The bill provides an effective date of July 1, 2025. (Section 2).
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate fiscal impact on local governments by requiring them to hire more employees
to meet the reduced time-period to issue certain building permits.
PRIVATE SECTOR:
The bill may have a positive economic impact by reducing construction time as a result of reducing the time-period
to receive certain building permit. The bill may have an indeterminate fiscal impact if local governments must raise
building permit fees in order to hire additional employees to meet the reduced-time period to issue certain
building permits.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Building Code
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Florida Building Code must be applied, administered, and enforced uniformly and consistently
throughout the state.2
Local governments may adopt amendments to the Building Code that are more stringent than the Florida Building
Code, which are limited to the local government’s jurisdiction.3
It is the intent of the Legislature that local governments have the power to inspect all buildings, structures, and
facilities within their jurisdiction in protection of the public’s health, safety, and welfare.4 Every local government
must enforce the Florida Building Code and issue building permits.5 A building permit is an official document or
certificate issued by the local building official that authorizes performance of a specific activity.6
Private Providers
In 2002, s. 553.791, F.S. was created to allow property owners and contractors to hire licensed building code
officials, engineers, and architects, referred to as private providers, to review building plans, perform building
inspections, and prepare certificates of completion.
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.
2 S. 553.72(1), F.S.
3 S. 553.73(4), F.S.
4 S. 553.72, F.S.
5 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
6 S. 468.603(2), F.S; S. 202 of the Eighth edition of the Florida Building Code (Building).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings.7
A private provider and any duly authorized representative may only perform building code inspection services
that are within the disciplines covered by that person's licensure or certification, including single-trade
inspections.8
A single-trade inspection is an inspection focused on a single construction trade, such as plumbing, mechanical, or
electrical. The term includes, but is not limited to:9
Inspections of door or window replacements;
Fences and block walls more than 6 feet high from the top of the wall to the bottom of the footing;
Stucco or plastering;
Reroofing with no structural alteration;
HVAC replacements; ductwork or fan replacements;
Alteration or installation of wiring, lighting, and service panels;
Water heater changeouts;
Sink replacements; and
Repiping.
If an owner or contractor opts to use a private provider for purposes of plans review or building inspection
services, the local government must calculate the cost savings to its building department and reduce the building
permit fees accordingly.10 Additionally, a local government may not charge a fee for building inspections when an
owner or contractor uses a private provider but may charge a reasonable administrative fee for the clerical and
supervisory assistance required.11
Notice of Intent
Current law specifies a process for an owner or contractor to notify the local government that the owner or
contract hired a private provider to perform building code inspection services, including single-trade inspections.
Such notice must be provided in writing at the time of permit application, or by 2 p.m. local time two business days
before the first scheduled inspection by the local building official.12
After construction has commenced, and if the local building official is unable to provide inspection services in a
timely manner, the owner or contractor may elect to use a private provider to provide inspection services by
notifying the local building official by 2 p.m. local time two business days before the first scheduled inspection.13
A private provider performing required inspections must inspect each phase of construction as required by the
applicable codes, and such inspection may be performed in-person or virtually.14
7 S. 553.791(1)(n), F.S.
8 S. 553.791(3), F.S.
9 S. 553.791(1)(q), F.S.
10 “Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by which a local
enforcement agency assesses the cost for its plans review or inspection services.” S. 553.791(2)(b), F.S.
11 S. 553.791(2)(b), F.S.
12 S. 553.791(4), F.S.
13 S. 553.791(5), F.S.
14 S. 553.791(8), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Plans Review
For plans review, a private provider must review the plans15 to determine compliance with the applicable codes16
and prepare an affidavit17 certifying, under oath, that the plans comply, and the private provider is duly authorized
to perform plans review.18
Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies.19 If the local
building official does not provide written notice of plan deficiencies within the prescribed 20-day period, the
permit application shall be deemed approved and must be issued on the next business day.20
If the building official provides a written notice of plan deficiencies, the 20-day period is tolled pending resolution
of the matter.21 The law further allows the permit applicant to correct the deficiencies and also allows the permit
applicant to dispute the deficiencies. If the permit applicant submits revisions, the building official has the
reminder of the tolled 20-day period plus 5 business days from the date of resubmittal to issue the requested
permit or to provide a second written notice of noncompliance with applicable code to the permit applicant.22 Any
subsequent review by the building official is limited to the deficiencies cited in the written notice.
Automated or Software-Based Plan Review Programs
Current law does not specify whether an automated or software-plan review may be used by a private provider.
An automated or software-based plan review examines the building design against the applicable codes. A
software-based review program uses a digital platform to review construction plans, which may include an
automated plan review program. An automated plan review program uses artificial intelligence to determine
whether a construction plan complies with the applicable codes. An automated plan review may streamline the
permitting process, but may have drawbacks including gray areas of the code which need to be interpreted by a
person, and codes are always changing which would require the program to stay up to date with the latest
edition.23
Currently, some Florida counties and cities are already using or are planning on using automated or software-
based plan review system, including Altamonte Springs, Gainesville, and Pasco County.24
OTHER RESOURCES:
Nawari Nawari, and Rob Christy, Using AI to Review Construction Plans, Kelley A. Bergstrom Real Estate Center at
the UF Warrington College of Business (Nov. 14. 2024), Using AI to Review Construction Plans | Due Diligence | UF
Business (last visited Mar. 14, 2025).
15 “Plans” means building plans, site engineering plans, or site plans, or their functional equivalent, submitted by a fee owner
or fee owner’s contractor to a private provider or duly authorized representative for review. Section 553.791(1)(m), F.S.
16 “Applicable codes” means the Florida Building Code and any local technical amendments to the Florida Building Code but
does not include the applicable minimum fire prevention and fire safety codes adopted pursuant to ch. 633, F.S. S.
553.791(1)(a), F.S.
17 The affidavit may bear a written or electronic signature and may be submitted electronically to the local building official.
18 S. 553.791(6), F.S.
19 S. 553.791(7)(a), F.S.
20 Id.
21 S. 553.791(7)(b), F.S.
22 S. 553.791(7)(c), F.S.
23 Michael Kilkelly, Building Code Review Software: Feasible or Far-Fetched?, Architect Magazine (Aug. 27, 2018)
www.architectmagazine.com/technology/building-code-review-software-feasible-or-far-fetched_o (last visited Mar. 15,
2025).
24 Nawari Nawari, and Rob Christy, Using AI to Review Construction Plans, Kelley A. Bergstrom Real Estate Center at the UF
Warrington College of Business (Nov. 14. 2024) Using AI to Review Construction Plans | Due Diligence | UF Business (last
visited Mar. 14, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 16 Y, 0 N, As CS 3/19/2025 Anstead Brackett
Subcommittee
THE CHANGES ADOPTED BY THE Provided that if an automated or software-based plans review program is
COMMITTEE: used for a single-trade plans review, such program must be familiar with
the Florida Building Code and any local amendments.
Intergovernmental Affairs 16 Y, 0 N, As CS 4/1/2025 Darden Burgess
Subcommittee
THE CHANGES ADOPTED BY THE Authorized the use of private providers for inspection services for work
COMMITTEE: related to a single-trade inspection of a single-family or two-family
dwelling.
Reduced the change in time period for the issuance of a building permit for
applications reviewed by private providers and related to a single-trade
plans review for a single-family or two-family dwelling from five business
days to two business days.
Revised the required contents of a permit application to include the use of
automated plans review.
Commerce Committee Hamon Brackett
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 1071 2025
1 A bill to be entitled
2 An act relating to alternative plans reviews and
3 inspections; amending s. 553.791, F.S.; revising the
4 definition of the terms "permit application" and
5 "single-trade inspection"; authorizing a private
6 provider to inspect work relating to a single-trade
7 inspection of certain dwellings; authorizing a private
8 provider to use specified review systems for single-
9 trade plans reviews; requiring certain actions by the
10 local building official within a specified timeframe
11 for certain permits; authorizing single-trade
12 inspections to be performed in person or virtually;
13 providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraphs (l) and (q) of subsection (1) and
18 subsections (5) through (8) of section 553.791, Florida
19 Statutes, are amended to read:
20 553.791 Alternative plans review and inspection.—
21 (1) As used in this section, the term:
22 (l) "Permit application" means a properly completed and
23 submitted application for the requested building or construction
24 permit, including:
25 1. The plans reviewed by the private provider or, in the
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 1071 2025
26 case of a single-trade plans review in which the private
27 provider uses an automated or software-based plans review system
28 as authorized in subsection (6), the information review by the
29 automated or software-based plans review system to determine
30 compliance with one or more applicable codes.
31 2. The affidavit from the private provider required under
32 subsection (6).
33 3. Any applicable fees.
34 4. Any documents required by the local building official
35 to determine that the fee owner has secured all other government
36 approvals required by law.
37 (q) "Single-trade inspection" or "single-trade plans
38 review" means any inspection or plans review focused on a single
39 construction trade, such as plumbing, mechanical, or electrical.
40 The term includes, but is not limited to, inspections or plans
41 reviews of door or window replacements; fences and block walls
42 more than 6 feet high from the top of the wall to the bottom of
43 the footing; stucco or plastering; reroofing with no structural
44 alteration; HVAC replacements; solar energy and energy storage
45 installations or alterations; ductwork or fan replacements;
46 alteration or installation of wiring, lighting, and service
47 panels; water heater changeouts; sink replacements; and
48 repiping.
49 (5) After construction has commenced and either if the
50 local building official is unable to provide inspection services
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 1071 2025
51 in a timely manner or the work subject to the inspection is
52 related to a single-trade inspection for a single-family or two-
53 family dwelling, the fee owner or the fee owner's contractor may
54 elect to use a private provider to provide inspection services
55 by notifying the local building official of the owner's or
56 contractor's intention to do so by 2 p.m. local time, 2 business
57 days before the next scheduled inspection using the notice
58 provided for in paragraphs (4)(a)-(c).
59 (6) A private provider performing plans review under this
60 section shall review the plans to determine compliance with the
61 applicable codes. For single-trade plans reviews, a private
62 provider may use an automated or software-based plans review
63 system designed to determine compliance with one or more
64 applicable codes, including, but not limited to, the National
65 Electrical Code and the Florida Building Code. Upon determining
66 that the plans reviewed comply with the applicable codes, the
67 private provider shall prepare an affidavit or affidavits
68 certifying, under oath, that the following is true and correct
69 to the best of the private provider's knowledge and belief:
70 (a) The plans were reviewed by the affiant, who is duly
71 authorized to perform plans review pursuant to this section and
72 holds the appropriate license or certificate.
73 (b) The plans comply with the applicable codes.
74
75 Such affidavit may bear a written or electronic signature and
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76 may be submitted electronically to the local building official.
77 (7)(a) No more than 20 business days, or if the permit is
78 related to a single-trade plans review for a single-family or
79 two-family dwelling, no more than 2 business days, after receipt
80 of a permit application and the affidavit from the private
81 provider required pursuant to subsection (6), the local building
82 official shall issue the requested permit or provide a written
83 notice to the permit applicant identifying the specific plan
84 features that do not comply with the applicable codes, as well
85 as the specific code chapters and sections. If the local
86 building official does not provide a written notice of the plan
87 deficiencies within the prescribed 20-day or 2-day period, the
88 permit application shall be deemed approved as a matter of law,
89 and the permit must shall be issued by the local building
90 official on the next business day.
91 (b) If the local building official provides a written
92 notice of plan deficiencies to the permit applicant within the
93 prescribed 20-day or 2-day period, the 20-day period is shall be
94 tolled pending resolution of the matter. To resolve the plan
95 deficiencies, the permit applicant may elect to dispute the
96 deficiencies pursuant to subsection (15) or to submit revisions
97 to correct the deficiencies.
98 (c) If the permit applicant submits revisions, the local
99 building official has the remainder of the tolled time 20-day
100 period plus 5 business days after from the date of resubmittal
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101 to issue the requested permit or to provide a second written
102 notice to the permit applicant stating which of the previously
103 identified plan features remain in noncompliance with the
104 applicable codes, with specific reference to the relevant code
105 chapters and sections. Any subsequent review by the local
106 building official is limited to the deficiencies cited in the
107 written notice. If the local building official does not provide
108 the second written notice within the prescribed time period, the
109 permit shall be deemed approved as a matter of law, and the
110 local building official must issue the permit on the next
111 business day.
112 (d) If the local building official provides a second
113 written notice of plan deficiencies to the permit applicant
114 within the prescribed time period, the permit applicant may
115 elect to dispute the deficiencies pursuant to subsection (15) or
116 to submit additional revisions to correct the deficiencies. For
117 all revisions submitted after the first revision, the local
118 building official has an additional 5 business days after from
119 the date of resubmittal to issue the requested permit or to
120 provide a written notice to the permit applicant stating which
121 of the previously identified plan features remain in
122 noncompliance with the applicable codes, with specific reference
123 to the relevant code chapters and sections.
124 (8) A private provider performing required inspections
125 under this section shall inspect each phase of construction as
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126 required by the applicable codes. Such inspection, including a
127 single-trade inspection, may be performed in person in-person or
128 virtually. The private provider may have a duly authorized
129 representative perform the required inspections, provided all
130 required reports are prepared by and bear the written or
131 electronic signature of the private provider or the private
132 provider's duly authorized representative. The duly authorized
133 representative must be an employee of the private provider
134 entitled to receive reemployment assistance benefits under
135 chapter 443. The contractor's contractual or legal obligations
136 are not relieved by any action of the private provider.
137 Section 2. This act shall take effect July 1, 2025.
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COMMERCE COMMITTEE
HB 1071 by Rep. Benarroch
Relating to Relating to Alternative Plans Reviews and Inspections
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Benarroch (line 79): The amendment increases the time period in the
bill, from two business days to five business days, that building departments have to review
building permit applications for single-trade plans for a single-family or two-family dwelling.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1071 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Benarroch offered the following:
3
4 Amendment
5 Remove lines 79-93 and insert:
6 two-family dwelling, no more than 5 business days, after receipt
7 of a permit application and the affidavit from the private
8 provider required pursuant to subsection (6), the local building
9 official shall issue the requested permit or provide a written
10 notice to the permit applicant identifying the specific plan
11 features that do not comply with the applicable codes, as well
12 as the specific code chapters and sections. If the local
13 building official does not provide a written notice of the plan
14 deficiencies within the prescribed 20-day or 5-day period, the
15 permit application shall be deemed approved as a matter of law,
874753 - h1071-line79.docx
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1071 (2025)
Amendment No. 1
16 and the permit must shall be issued by the local building
17 official on the next business day.
18 (b) If the local building official provides a written
19 notice of plan deficiencies to the permit applicant within the
20 prescribed 20-day or 5-day period, the 20-day period is shall be
874753 - h1071-line79.docx
Published On: 4/14/2025 5:22:49 PM
Page 2 of 2
CS/HB 1097
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 1097 COMPANION BILL: SB 114 (Trumbull)
TITLE: Insurance Research LINKED BILLS: None
SPONSOR(S): Canady RELATED BILLS: None
Committee References
Insurance & Banking Budget Commerce
16 Y, 0 N 26 Y, 0 N, As CS
SUMMARY
Effect of the Bill:
The bill renames the existing “Florida Catastrophic Storm Risk Management Center” to the “Florida Center for
Excellence in Insurance and Risk Management” (Center) located at Florida State University (FSU). The bill expands
the purpose, duties, and interests of the Center. The bill requires the Center to collaborate with the Office of
Insurance Regulation (OIR) on a variety of tasks.
The bill transfers all of the duties, powers, functions, funds, existing contracts, and other issues associated with or
related to the public hurricane loss production model from Florida International University to FSU.
Fiscal or Economic Impact:
Implementation of the bill is subject to funding in the General Appropriations Act.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill renames Florida State University’s Florida Catastrophic Storm Risk Management Center to the Florida
Center for Excellence in Insurance and Risk Management (Center). The bill expands the scope of the Center from
catastrophic storms to broadening its purpose to insurance and risk management.
The bill changes the purpose of the Center:
to develop, conduct, and evaluate accurate and timely research issues related to Florida’s insurance market
and risk management;
to assist the Legislature in developing and evaluating evidence-based policy options and making
recommendations related to insurance and risk management in Florida;
to identify emerging issues in the insurance market; and
to provide insight regarding accessibility and affordability of insurance products.
The bill does not change the Center’s purpose to assist in identifying and developing education and research grant
funding opportunities among higher education institution in this state and the private sector.
The bill aligns the Center’s purpose consistent with this change. The Center is to conduct research responsive to
inquiries from the President of the Senate and the Speaker of the House of Representatives. The bill permits the
Center to conduct research upon the request of Office of Insurance Regulation (OIR). (Section 1).
The Center and OIR
STORAGE NAME: h1097d.COM
DATE: 4/12/2025
1
Conducting Research
The bill requires the Center to cooperate with the OIR on conducting research. The bill provides that areas of
research may include:
storm forecasting and loss modeling;
Florida’s insurance-related consumer protections;
insurer claims-handling and adjudication practices in this state in comparison with insurer practices in
other states;
cost factors in the reinsurance, catastrophe bond, and insurance-linked securities markets;
the Florida Hurricane Catastrophe Fund;
the effectiveness of the My Safe Florida Home Program;
risk management strategies, particularly for catastrophic risk; or
health insurance, life insurance, workers' compensation, motor vehicle insurance, or any other type of
insurance sold within this state. (Section 1).
Producing Report
The bill requires the Center to collaborate with OIR to create and to produce a report examining the property
insurance market in Florida by forecasting what the market will look like in 1 year, 5 years, 10 years, and 20 years.
The report must include recommendations on improving the availability and affordability of property insurance,
and this state’s preparation and response to catastrophic events. (Section 1).
The bill requires the Center to publish the initial report on or before January 1, 2026, and update the report at least
every 2 years. (Section 1).
Developing a Program to Encourage Students to Work for Public Sector
The bill requires the Center to collaborate with OIR and the Actuarial Science Program of the Florida State
University (FSU) Department of Mathematics to develop a program to encourage actuarial science students to
work in the public sector in the field of risk management insurance. (Section 1).
The Florida Public Hurricane Loss Model
The bill mandates OIR to contract with the Center to manage the public hurricane loss model, and the Center to
work with other entities and universities, including Florida International University (FIU), to develop the public
model. The bill removes FIU as the lead institution for developing and operating the public model, and replaces
parts in the statutes to reflect FSU’s Center instead of FIU. (Section 2).
The bill transfers1 all powers, duties, functions, records, offices, personnel, associated administrative support
positions, property, pending issues, existing contracts, administrative authority, administrative rules, and
unexpended balances of appropriations, allocations, and any other funds relating to the public hurricane loss
projection model from FIU to FSU. (Section 3).
Annual Report on Hurricane Loss Data and Associated Exposure Data
The bill requires the FSU Center instead of FIU to annually publish a report summarizing the hurricane loss data
and associated exposure data connected2 to and collected from residential property insurers and licensed rating
and advisory organizations. The bill directs the FSU Center to annually submit such report on or before October 1st
to the Governor, the President of the Senate, and the Speaker of the House of Representatives. (Section 4).
1The bill states that such transfer is a type two transfer, as defined in s. 20.06(2), F.S. A type two transfer allows the state to
move a program and functions of an existing agency to another agency.
2S. 627.06292(2) defines “loss data and associated exposure data” as the type, age, wind mitigation features, and location of
each property insured; the amount and type of coverage written on each of those properties; the amount, date, and type of
damage paid for by the insurer on each property; and the amount of any reserves held by an insurer for future payments or
expenses on damages associated with the date or dates of occurrence of hurricanes.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The operational costs of the Hurricane Loss Model at Florida State University will be subject to funding by the
General Appropriations Act (GAA).
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Office of Insurance Regulation
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers, and other risk bearing
entities in Florida.3 The Financial Services Commission (FSC), composed of the Governor, the Attorney General, the
Chief Financial Officer, and the Commissioner of Agriculture, serves as agency head of the OIR for purposes of
rulemaking. Further, the FSC appoints the OIR commissioner.
As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of authority under
certain conditions.4 The OIR is responsible for examining the affairs, transactions, accounts, records, and assets of
each insurer that holds a certificate of authority to transact insurance business in Florida.5 As part of the
examination process, all persons being examined must make available to the OIR the accounts, records, documents,
files, information, assets, and matters in their possession or control that relate to the subject of the examination.6
The OIR is also authorized to conduct market conduct examinations to determine compliance with applicable
provisions of the Insurance Code.7
Florida Catastrophic Storm Risk Management Center
In 2007, the Florida Legislature created the Florida Catastrophic Storm Management Center. The Florida
Catastrophic Storm Management Center is housed within the Department of Risk Management in the College of
Business located at FSU.8 The Florida Catastrophic Storm Management Center’s primary focus is to support the
state’s ability to prepare for, respond to, and recover from catastrophic storms. The support the Florida
Catastrophic Storm Management Center provides includes:9
Coordinating and disseminating research efforts that are expected to have an immediate impact on policy
and practices related to catastrophic storm preparedness.
Coordinating and disseminating information related to catastrophic storm risk management, including but
not limited to research and information that benefits business, consumers and public policy makers.
Facilitating Florida’s preparedness and responsiveness to catastrophic storms and collaborating with other
public and private institutions.
Creating and promoting studies that enhance the educational options available to risk management and
insurance students.
Publishing and disseminating findings primarily related to risk management.
Organizing and sponsoring conferences, symposiums, and workshops to educate consumers and
policymakers.
The Florida Public Hurricane Loss Model
In 2000, the Florida Legislature authorized the creation of a public hurricane loss projection model (public model)
and the OIR contracted with FIU to develop the model in 2001.10 In March 2006 the public model was activated and
3 S. 20.121(3)(a), F.S.
4 S. 624.418, F.S.
5 S. 624.316(1)(a), F.S.
6 S. 624.318(2), F.S.
7 The Code is comprised of chs. 624-632, 634-636, 641, 642, 648, and 651, F.S. See S. 624.3161, F.S.
8 S. 1004.647, F.S.
9 Id.
10 Summary information on the Florida Public Hurricane Loss Projection Model obtained from Office of Program Policy
Analysis and Government Accountability. Report No. 11-25: Steps Could Be Taken to Reduce the Public Hurricane Loss
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
in August 2007 it was first found acceptable by the Florida Commission on Hurricane Loss Projection Methodology.
The public model was built to assess hurricane risk and predict annual expected insured residential losses in
Florida for an insurance company, zip code, county, or for the entire state. The OIR uses the public model as an
independent tool to facilitate its review of the reasonableness of property insurance rates proposed by insurers.
Without the public model, the OIR’s basis for rate determinations would be each insurer’s own selected private
model and corresponding loss data and the OIR would not have a way to corroborate the accuracy of this data. The
FIU is the lead institution for developing and operating the public model, but it collaborates with several other
public and private Florida universities (including FSU, the Florida Institute of Technology, the University of Florida,
and the University of Miami), University of Missouri-Kansas City, and the U.S. National Oceanic and Atmospheric
Administration.11
Annual Report on Hurricane Loss data and Associated Exposure Data
Currently, FIU is required to annually publish a report summarizing the hurricane loss data and associated
exposure data connected to and collected from residential property insurers and licensed rating and advisory
organizations. FIU must annually submit such report on or before October 1st to the Governor, the President of the
Senate, and the Speaker of the House of Representatives. The report must include a summary of the data supplied
by residential property insurers and licensed rating and advisory organizations from September 1 of the prior year
to August 31st of the current year, and must include certain information.12
FIU International Hurricane Research Center
FIU has a specific center that focuses on minimizing hurricane damage and loss of life. The International Hurricane
Center studies include: 13
household mitigation and evacuation;
storm hazard and vulnerability mapping, long-term community recovery; and
economic loss modeling.
Previously, the National Science Foundation (NSF), the Federal Emergency Agency (FEMA), OIR, and the Florida
Division of Emergency Management (DEM) have assisted with these studies. 14 The International Hurricane Center
has four research laboratories15 focused on different aspects of hurricane damage and resiliency.
OTHER RESOURCES:
FIU Hurricane Research Center
Florida Public Hurricane Loss Model
Projection Model’s Reliance on State Funding (December 2011). Available at:
http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1125rpt.pdf.
11 What Is the FPHLM? Florida Public Hurricane Loss Model, Florida International University International Hurricane Research
Center, https://fphlm.cs.fiu.edu/ (last visited Mar. 6, 2025).
12 S. 627.06292(3), F.S.
13 History, International Hurricane Research Center, Florida International University, www.ihrc.fiu.edu/about/history/ (last
visited Mar. 7, 2025).
14 Id.
15 The four research laboratories include the laboratory for coastal research, laboratory for insurance, financial and economic
research, laboratory for social science research, and laboratory for wind engineering research.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Insurance & Banking 16 Y, 0 N 3/13/2025 Lloyd Herrera
Subcommittee
Budget Committee 26 Y, 0 N, As CS 3/27/2025 Pridgeon Perez
THE CHANGES ADOPTED BY THE Removed the appropriation of $5 million recurring funds and $1.5
COMMITTEE: million nonrecurring funds from the General Revenue Fund.
Commerce Committee Hamon Herrera
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 1097 2025
1 A bill to be entitled
2 An act relating to insurance research; amending s.
3 1004.647, F.S.; renaming the Florida Catastrophic
4 Storm Risk Management Center to the Florida Center for
5 Excellence in Insurance and Risk Management; revising
6 the purpose of the center; revising the duties of the
7 center; providing areas of interest for research;
8 requiring the center to collaborate with the Office of
9 Insurance Regulation to produce an annual report
10 analyzing the property insurance market in this state;
11 requiring that the report be published by a specified
12 date and updated at least biennially; requiring the
13 center to develop a program with the office and the
14 Actuarial Science Program at the Florida State
15 University for a specified purpose; requiring the
16 center to use the public hurricane loss projection
17 model when necessary; requiring the center to conduct
18 research in response to inquiries from the
19 Legislature; authorizing the center to conduct
20 research in response to requests from the office;
21 amending s. 627.06281, F.S.; requiring the office to
22 contract with the center to manage the public
23 hurricane loss projection model; requiring the center
24 to update the model; providing that certain fees
25 charged for access and use of the model do not apply
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26 to the Florida Center for Excellence in Insurance and
27 Risk Management; providing for a type two transfer of
28 the public hurricane loss projection model from
29 Florida International University to Florida State
30 University; amending s. 627.06292, F.S.; making
31 conforming changes; providing an effective date.
32
33 Be It Enacted by the Legislature of the State of Florida:
34
35 Section 1. Section 1004.647, Florida Statutes, is amended
36 to read:
37 1004.647 Florida Center for Excellence in Insurance and
38 Catastrophic Storm Risk Management Center.—The Florida Center
39 for Excellence in Insurance and Catastrophic Storm Risk
40 Management Center is created at the Florida State University,
41 College of Business, Department of Risk Management. The purpose
42 of the center is to develop, conduct, evaluate, promote, and
43 disseminate accurate and timely research on issues related to
44 this state's insurance market and risk management, to assist the
45 Legislature in developing and evaluating evidence-based policy
46 options and making recommendations related to insurance and risk
47 management in this state, to identify emerging issues in the
48 insurance market, to provide insight regarding accessibility and
49 affordability of insurance products, catastrophic storm loss and
50 to assist in identifying and developing education and research
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51 grant funding opportunities among higher education institutions
52 in this state and the private sector. The purpose of the
53 activities of the center is to support the state's ability to
54 prepare for, respond to, and recover from catastrophic storms.
55 The center shall do all of the following:
56 (1) Conduct, coordinate, and disseminate research efforts
57 and information that would benefit businesses, consumers, and
58 public policy makers or that are expected to have an immediate
59 impact on policy and practices related to this state's insurance
60 markets or catastrophic event storm preparedness. The center
61 shall cooperate with the Office of Insurance Regulation in
62 conducting research. Areas of research may include:
63 (a) Storm forecasting and loss modeling;
64 (b) This state's insurance-related consumer protections;
65 (c) Insurer claims-handling and adjudication practices in
66 this state in comparison with insurer practices in other states;
67 (d) Cost factors in the reinsurance, catastrophe bond, and
68 insurance-linked securities markets;
69 (e) The resilience of building construction and mitigation
70 techniques;
71 (f) The Florida Hurricane Catastrophe Fund;
72 (g) The effectiveness of the My Safe Florida Home Program;
73 (h) Risk management strategies, particularly for
74 catastrophic risk; or
75 (i) Health insurance, life insurance, workers'
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76 compensation, motor vehicle insurance, or any other type of
77 insurance sold within this state.
78 (2) Collaborate with the Office of Insurance Regulation to
79 create a report analyzing the property insurance market in this
80 state, projecting the outlook for the property insurance market
81 over 1 year, 5 years, 10 years, and 20 years. The report must
82 include recommendations for improving the availability and
83 affordability of property insurance in this state and for
84 facilitating this state's preparedness for and responsiveness to
85 catastrophic events. The center shall work with the Office of
86 Insurance Regulation to produce the report. The office shall
87 cooperate with the center in providing data necessary to
88 complete the report. The center shall publish the initial report
89 on or before January 1, 2026, and update the report at least
90 once every 2 years. Coordinate and disseminate information
91 related to catastrophic storm risk management, including, but
92 not limited to, research and information that would benefit
93 businesses, consumers, and public policy makers. Areas of
94 interest may include storm forecasting, loss modeling, building
95 construction and mitigation, and risk management strategies.
96 Through its efforts, the center shall facilitate Florida's
97 preparedness for and responsiveness to catastrophic storms and
98 collaborate with other public and private institutions.
99 (3) Create and promote studies and opportunities that
100 enhance the educational options available to risk management and
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101 insurance students.
102 (4) Develop a program in collaboration with the Office of
103 Insurance Regulation and the Actuarial Science Program of the
104 Department of Mathematics at Florida State University to
105 encourage actuarial science students to practice in the public
106 sector in the fields of risk management and insurance.
107 (5) Publish and disseminate findings.
108 (6)(5) Organize and sponsor conferences, symposia, and
109 workshops to educate consumers and policymakers.
110 (7) Use the public hurricane loss projection model under
111 s. 627.06281 when needed to meet the center's obligations under
112 this section.
113 (8) Conduct research responsive to joint or individual
114 inquiries from the President of the Senate and the Speaker of
115 the House of Representatives regarding insurance or risk
116 management. The center may also conduct research responsive to
117 requests made by the Office of Insurance Regulation.
118 Section 2. Section 627.06281, Florida Statutes, is amended
119 to read:
120 627.06281 Public hurricane loss projection model;
121 reporting of data by insurers.—
122 (1) The Office of Insurance Regulation shall contract with
123 the Florida Center for Excellence in Insurance and Risk
124 Management to manage the public hurricane loss projection model
125 developed under this section. The center shall cooperate with
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126 other entities and universities, including Florida International
127 University, to develop and maintain the public model. The center
128 shall constantly evaluate and update the public model so that it
129 will have the same functionalities as other models approved by
130 the Florida Commission on Hurricane Loss Projection Methodology.
131 The center may use the public model, including all assumptions
132 and factors and all detailed loss results, for the purpose of
133 meeting its obligations under s. 1004.647. Within 30 days after
134 a written request for loss data and associated exposure data by
135 the office or the center Florida International University center
136 established to study mitigation, residential property insurers
137 and licensed rating and advisory organizations that compile
138 residential property insurance loss data shall provide loss data
139 and associated exposure data for residential property insurance
140 policies to the office or the Florida International University
141 center established to study mitigation, as directed by the
142 office, for the purposes of developing, maintaining, and
143 updating the a public model for hurricane loss projections. The
144 loss data and associated exposure data provided must shall be in
145 writing.
146 (2) The public model must be submitted to the Florida
147 Commission on Hurricane Loss Projection Methodology for review
148 under s. 627.0628 by March 1, 2007. The office may continue to
149 use the public model for its review of rate filings pursuant to
150 ss. 627.062 and 627.351 until such time as the Florida
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151 Commission on Hurricane Loss Projection Methodology determines
152 that the public model is not accurate or reliable pursuant to
153 the same process and standards as the commission uses for the
154 review of other hurricane loss projection models.
155 (3)(a) A residential property insurer may have access to
156 and use the public hurricane loss projection model, including
157 all assumptions and factors and all detailed loss results, for
158 the purpose of calculating rate indications in a rate filing and
159 for analytical purposes, including any analysis or evaluation of
160 the public model required under actuarial standards of practice.
161 (b) The fees charged for private sector access and use of
162 the public model must shall be the reasonable costs associated
163 with the operation and maintenance of the public model by the
164 office. Such fees do not apply to access and use of the public
165 model by the office or the Florida Center for Excellence in
166 Insurance and Risk Management.
167 Section 3. All powers, duties, functions, records,
168 offices, personnel, associated administrative support positions,
169 property, pending issues, existing contracts, administrative
170 authority, administrative rules, and unexpended balances of
171 appropriations, allocations, and any other funds relating to the
172 public hurricane loss projection model are transferred by a type
173 two transfer, as defined in s. 20.06(2), Florida Statutes, from
174 Florida International University to Florida State University.
175 Section 4. Subsection (3) of section 627.06292, Florida
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176 Statutes, is amended to read:
177 627.06292 Reports of hurricane loss data and associated
178 exposure data; public records exemption.—
179 (3) Each year, on October 1, the Florida State
180 International University center that develops, maintains, and
181 updates the public model for hurricane loss projections shall
182 publish a report summarizing loss data and associated exposure
183 data collected from residential property insurers and licensed
184 rating and advisory organizations. The Florida State
185 International University center shall submit the report
186 annually, on or before October 1, to the Governor, the President
187 of the Senate, and the Speaker of the House of Representatives.
188 (a) Such report must include a summary of the data
189 supplied by residential property insurers and licensed rating
190 and advisory organizations from September 1 of the prior year to
191 August 31 of the current year, and must include the following
192 information:
193 1. The total amount of insurance written by county.
194 2. The number of property insurance policies by county.
195 3. The number of property insurance policies by county and
196 by construction type.
197 4. The number of property insurance policies by county and
198 by decade of construction.
199 5. The number of property insurance policies by county and
200 by deductible amount.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 1097 2025
201 6. The number of property insurance policies by county and
202 by wind mitigation features when the information is supplied by
203 the residential property insurer or licensed rating and advisory
204 organization.
205 7. The total amount of hurricane losses by county and by
206 decade of construction.
207 8. The total amount of hurricane losses by county and by
208 deductible amount.
209 9. The total amount of hurricane losses by county and by
210 wind mitigation features when the information is supplied by the
211 residential property insurer or licensed rating and advisory
212 organization.
213 (b) Separate compilations of the data obtained shall be
214 presented in order to use the public model for calculating rate
215 indications and to update, validate, or calibrate the public
216 model. Additional detail and a description of the operation and
217 maintenance of the public model may be included in the report.
218 (c) The report may not contain any information that
219 identifies a specific insurer or policyholder.
220 Section 5. This act shall take effect July 1, 2025.
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hb1097-01-c1
HB 1165
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 1165 COMPANION BILL: CS/SB 1502 (Collins)
TITLE: Mobile Cranes and Accessory Support Vehicles LINKED BILLS: None
SPONSOR(S): Owen RELATED BILLS: None
Committee References
Economic Infrastructure Transportation & Economic Commerce
17 Y, 0 N Development Budget
13 Y, 0 N
SUMMARY
Effect of the Bill:
The bill authorizes the Florida Department of Transportation (FDOT) to issue special blanket permits that allow:
Mobile cranes and accessory support vehicles up to a specified size to travel on and off the Interstate
Highway System at all hours, subject to local curfews.
Mobile cranes operating on and off Interstate highways to tow certain motor vehicles, subject to a
combined weight limit.
Mobile cranes and accessory support vehicles which, due to their design for use, exceed established weight
limits for travel on and off Interstate highways.
Fiscal or Economic Impact:
None.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill authorizes FDOT to issue a special blanket permit to mobile cranes and accessory support vehicles to
travel on and off the Interstate Highway System at all hours. To receive such a permit, mobile crane and accessory
support vehicle dimensions must not exceed 12 feet wide, 14 feet 6 inches high, and 100 feet long. Any local travel-
related curfews still apply. (Section 2).
The bill also allows FDOT to issue a special blanket permit to mobile cranes operating on and off the Interstate
Highway System to tow certain motor vehicles. (Section 2).
The bill allows FDOT to issue a special blanket permit to mobile cranes and accessory support vehicles which
exceed the weight limits established under s. 316.535 to travel on and off the Interstate Highway System. (Section
2).
Additionally, the bill revises the definition of “special mobile equipment” to include mobile cranes, accessory
support vehicles, and self-propelled earthmoving equipment. (Section 1).
The bill has an effective date of July 1, 2025. (Section 3).
STORAGE NAME: h1165d.COM
DATE: 4/11/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Special Mobile Equipment
Florida law defines “special mobile equipment” as any vehicle not designated or used primarily for the
transportation of persons or property and only incidentally operated or moved over a highway. Special mobile
equipment includes, but is not limited to, ditchdigging apparatus, well-boring apparatus, and road construction and
maintenance machinery, such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck
tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving
carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earthmoving equipment.
Special mobile equipment does not include house trailers, dump trucks, truck-mounted transit mixers, cranes or
shovels, or other vehicles designed for the transportation of persons or property to which machinery has been
attached.1
Special Permits for Oversize or Overweight Vehicles
FDOT has jurisdiction to control traffic over all state roads throughout Florida. FDOT has the authority to regulate,
warn, or guide traffic as it deems necessary.2 No vehicle or combination of vehicles exceeding established gross
weight provisions are permitted to travel on the public highways of the state unless specifically provided by law.3
Local authorities do not have the power to alter this limitation unless the Legislature has expressly granted
authority under ch. 316, F.S.4
To operate on public roads, oversized or overweight vehicles must obtain a special permit from the appropriate
governing jurisdiction.5 FDOT or the local authority may, at its discretion, issue or withhold a permit. If a permit is
issued, FDOT or the local authority may limit or prescribe the conditions of operation of such vehicle or vehicles. 6
Under DOT guidelines, blanket permits are issued to cover multiple trips for a period not to exceed 12 months.7
Current Law
Special permits may authorize a self-propelled truck crane operating off the Interstate Highway System to tow
certain vehicles.8
For nighttime movement, when FDOT’s criteria for issuing a permit are met, FDOT must issue a permit provided
that:
Nighttime travel is recommended by the appropriate FDOT District Traffic Engineering office or
determined to be a permit requirement.
Law enforcement escorts are used.
Warning lights delineate the load’s shape and size.
The sides and rear of trailers and loads are as prescribed in state law and federal regulations.9
1 S. 316.003(83), F.S.
2 S. 316.006(1), F.S.
3 The gross weight imposed on the highway by the wheels of any one axle of a vehicle cannot exceed 20,000 pounds. S.
316.535, F.S.
4 S. 316.500, F.S.
5 S. 316.550(1), F.S.
6 S. 316.550(2), F.S.
7 Florida Department of Transportation, WHEN DO YOU NEED A PERMIT,
https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/maintenance/str/owodp/when-do-you-need-a-
permit.pdf?sfvrsn=45e8edf1_0 (last visited March 17, 2025).
8 The towed motor vehicle may not weigh more than 5,000 pounds if the combined weight of the crane and the vehicle does
not exceed 95,000 pounds. S. 316.550(3), F.S.; Florida Department of Transportation, Blanket Permit Movement Conditions,
blanket-permit-movement-conditions-02-13-2020.pdf (last visited March 17, 2025).
9 Rule 14-26.012(5)(f), F.A.C.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 17 Y, 0 N 3/19/2025 Keating Garcia
Subcommittee
Transportation & Economic 13 Y, 0 N 4/2/2025 Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee Hamon Garcia
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 1165 2025
1 A bill to be entitled
2 An act relating to mobile cranes and accessory support
3 vehicles; amending s. 316.003, F.S.; revising the
4 definition of the term "special mobile equipment";
5 amending s. 316.550, F.S.; authorizing the Department
6 of Transportation to issue a special blanket permit
7 for a mobile crane operating on and off the Interstate
8 Highway System to tow a certain motor vehicle;
9 authorizing the department to issue a special blanket
10 permit for a mobile crane and accessory support
11 vehicle of certain dimensions to travel on and off the
12 Interstate Highway System at all hours, subject to
13 local restrictions; authorizing the department to
14 issue a special blanket permit for a mobile crane and
15 accessory support vehicle exceeding certain weight
16 limits to travel on and off the Interstate Highway
17 System; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (83) of section 316.003, Florida
22 Statutes, is amended to read:
23 316.003 Definitions.—The following words and phrases, when
24 used in this chapter, shall have the meanings respectively
25 ascribed to them in this section, except where the context
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HB 1165 2025
26 otherwise requires:
27 (83) SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or
28 used primarily for the transportation of persons or property and
29 only incidentally operated or moved over a highway, including,
30 but not limited to, ditchdigging apparatus, well-boring
31 apparatus, and road construction and maintenance machinery, such
32 as asphalt spreaders, bituminous mixers, bucket loaders,
33 tractors other than truck tractors, ditchers, leveling graders,
34 finishing machines, motor graders, road rollers, scarifiers,
35 earthmoving carryalls and scrapers, power shovels and draglines,
36 mobile and self-propelled cranes and accessory support vehicles,
37 and self-propelled earthmoving equipment. The term does not
38 include house trailers, dump trucks, truck-mounted transit
39 mixers, cranes or shovels, or other vehicles designed for the
40 transportation of persons or property to which machinery has
41 been attached.
42 Section 2. Subsection (3) of section 316.550, Florida
43 Statutes, is amended to read:
44 316.550 Operations not in conformity with law; special
45 permits.—
46 (3)(a) The Department of Transportation may issue a mobile
47 crane special blanket permit to authorize a mobile A permit may
48 authorize a self-propelled truck crane operating on and off the
49 Interstate Highway System to tow a motor vehicle which does not
50 weigh more than 5,000 pounds if the combined weight of the crane
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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 1165 2025
51 and such motor vehicle does not exceed 95,000 pounds.
52 Notwithstanding s. 320.01(7) or (12), truck cranes that tow
53 another motor vehicle under the provision of this subsection
54 shall be taxed under the provisions of s. 320.08(5)(b).
55 (b) The Department of Transportation may issue a mobile
56 crane special blanket permit to authorize a mobile crane and
57 accessory support vehicle of up to 12 feet wide, 14 feet 6
58 inches high, and 100 feet long to travel on and off the
59 Interstate Highway System at all hours except as restricted
60 under local travel-related curfews.
61 (c) The Department of Transportation may issue a mobile
62 crane special blanket permit to authorize a mobile crane and
63 accessory support vehicle which, due to its design for use,
64 exceeds the weight limits established in s. 316.535 to travel on
65 and off the Interstate Highway System.
66 Section 3. This act shall take effect July 1, 2025.
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hb1165-00
CS/CS/HB 1219
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 1219 COMPANION BILL: CS/CS/SB 922 (Leek)
TITLE: Employment Agreements LINKED BILLS: None
SPONSOR(S): Koster RELATED BILLS: None
Committee References
Industries & Professional Judiciary Commerce
Activities 18 Y, 0 N, As CS
11 Y, 5 N
SUMMARY
Effect of the Bill:
The bill creates the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE)
Act to protect confidential information and client relationships by creating two types of agreements: covered
garden leave agreements and covered noncompete agreements. The agreements protect the confidentiality of
information and client relationships for up to 4 years, either while the covered employee remains employed
(covered garden leave agreement) or after the covered employee has left employment (covered noncompete
agreement). The bill creates a framework for such agreements and provides that such agreements do not violate
public policy or antitrust laws when used under certain narrow conditions.
The bill has an effective date of July 1, 2025.
Fiscal or Economic Impact:
The bill may have a positive economic impact on the state by encouraging businesses to relocate or form in Florida
under Florida laws in order to utilize garden leave and noncompete agreements in certain limited situations.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill creates the “Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE)
Act” to create narrow protections applicable to certain confidential information and client relationships. Under the
bill, a covered employer1 and covered employee2 may enter into a covered garden leave agreement or covered
noncompete agreement, in which the covered employer agrees to provide no more than 4 years of advance,
express notice before terminating the employment or contractual relationship. (Sections 1 and 2).
Covered Garden Leave Agreements
The time between the notice and agreed upon termination date is referred to as the notice period. In exchange, the
covered employee agrees not resign before the end of the notice period. The covered employer agrees to retain the
employee during the notice period and pay the same salary and benefits the covered employee received in the
month preceding the beginning of the notice period. However, the covered employer is not required to provide
discretionary incentive compensation or benefits or have the covered employee continue performing work during
the notice period and the covered employer may reduce, during the notice period, the term of the covered garden
leave agreement by providing 30 days advance notice. Thus, a covered garden leave agreement allows an employer
1 The bill defines a “covered employer” as an entity or individual who employs or engages a covered employee.
2 The bill defines a “covered employee” as an employee or individual contractor who earns or is reasonably expected to earn a
salary greater than twice the annual mean wage, or who has access to his or her employer’s or client’s confidential information
or customer relationships.
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1
to effectively bar the employee from the information, assets, facilities, and other employees of the covered
employer, while still keeping the employee on the payroll through the duration of the garden leave period. (Section
2).
Pursuant to the provisions of the bill, covered garden leave agreements do not violate public policy as restraint of
trade or an attempt to monopolize trade or commerce in this state provided that:
The covered employee was advised, in writing, of the right to seek counsel and provided the covered
agreement at least 7 days before the agreement or offer of employment expired;
The covered employee acknowledged, in writing, receipt of confidential information or customer
relationships; and
The covered garden leave agreement provides that:
o After the first 90 days of the notice period, the covered employee does not have to provide services
to the covered employer;
o The covered employee may engage in nonwork activities at any time, including during normal
business hours, during the remainder of the notice period;
o The covered employee may, with the permission of the covered employer, work for another
employer while still employed by the covered employer during the notice period; and
o The garden leave agreement notice period may be reduced during the notice period if the covered
employer provides at least 30 days' advance notice in writing to the covered employee. (Section 2).
Once a covered employer seeks enforcement of a covered garden leave agreement, the court must preliminarily
enjoin the covered employee from providing services to any business, entity, or individual other than the covered
employer during the notice period. The injunction may only be modified or dissolved if the covered employee
establishes by clear and convincing evidence that:
The covered employee will not perform, during the notice period, any work similar to the services provided
to the covered employer; or
The covered employer has failed to pay or provide the salary and benefits provided for in the covered
garden leave agreement during the notice period and has had a reasonable opportunity to cure the failure.
(Section 2).
Once a covered employer seeks enforcement of a covered garden leave agreement, the court must preliminarily
enjoin a business, an entity, or an individual from engaging a covered employee during the notice period. The
injunction may only be modified or dissolved if the covered employee establishes by clear and convincing evidence
that:
The covered employee will not provide any services covered by the agreement; or
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not
planning to engage in, any business activity similar to those of the covered employer during the notice
period. (Section 2).
The provisions of the bill apply to a covered leave agreement with a covered employer whose principal place of
business is in Florida, or a covered employee who maintains a primary place of work in this state. (Section 2).
Covered Noncompete Agreements
The bill also creates covered noncompete agreements which are agreements, not to exceed 4 years, within a
specified geographic area defined in the agreement. (Section 2).
The covered employee agrees not to assume a role with another business, entity or individual in which it is
reasonably likely the covered employee would use confidential information or customer relationships of the
covered employer or provide services similar to the services provided to the covered employer during the three
years prior to the noncompete period. The noncompete period begins upon termination of employment and
continues through the end of the agreed-upon post-employment period provided in the agreement. A covered
noncompete agreement must reduce the noncompete period day-for-day by any nonworking portion of the notice
period of a covered garden leave agreement. (Section 2).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Under the bill, covered noncompete agreements do not violate public policy as restraint of trade or an attempt to
monopolize trade or commerce in this state provided that:
The covered employee was advised, in writing, of the right to seek counsel and provided the covered
agreement at least 7 days before the agreement or offer of employment expired;
The covered employee acknowledged, in writing, receipt of confidential information or customer
relationships; and
The covered noncompete agreement provides that the agreement is reduced day-to-day by any
nonworking portion of the notice period, pursuant to a covered garden leave agreement between the
covered employee and the covered employer. (Section 2).
Once a covered employer seeks enforcement of a covered noncompete agreement, the court must preliminarily
enjoin the covered employee from providing services to any business, entity, or individual other than the covered
employer during the noncompete period. The injunction may only be modified or dissolved if the covered
employee establishes by clear and convincing evidence that:
The covered employee will not perform, during the noncompete period, any work similar to the services
provided to the covered employer or use confidential information or customer relationships of the covered
employer; or
The covered employer has failed to pay or provide the compensation provided for in the covered
noncompete agreement during the noncompete period and has had a reasonable opportunity to cure the
failure. (Section 2).
Once a covered employer seeks enforcement of a covered noncompete agreement, the court must preliminarily
enjoin a business, an entity, or an individual from engaging a covered employee during the noncompete period.
The injunction may only be modified or dissolved if the covered employee establishes by clear and convincing
evidence, based on public or other nonconfidential information, that:
The covered employee will not provide any services covered by the agreement or use confidential
information or customer relationships of the covered employer; or
The business or individual seeking to employ or engage the covered employee is not engaged in, and is not
planning to engage in, any business activity similar to those of the covered employer during the
noncompete period and in the geographic area described in the agreement. (Section 2).
Any information filed with the court which the covered employer deems confidential, must be filed under seal to
protect confidentiality or avoid substantial injury. In addition, the court must presume that an employee or
individual contractor has access to confidential information or customer relationships if the employee or
individual contractor acknowledges the access or receipt of such access in writing. (Section 2).
Prior to entering covered garden leave agreements and covered noncompete agreements, a covered employer
must provide the proposed covered agreement to a prospective covered employee at least 7 days before the offer
of employment expires or 7 days before the covered agreement expires if the covered employee is a current
employee. (Section 2).
When enforcing either type of agreement, a reduction in salary or benefits or other appropriate action during the
noncompete or notice period due to gross misconduct by the covered employee may not be considered a breach of
the noncompete or garden leave agreement. In addition to injunctive relief, a prevailing covered employer is
entitled to recover all available monetary damages for all available claims. (Section 2).
The prevailing party is entitled to reasonable attorney fees and costs. (Section 2).
The provisions of the bill apply to a covered noncompete agreement with a covered employer who maintains a
primary place of business in Florida. (Section 2).
The effective date of the bill is July 1, 2025. (Section 22).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have a positive economic impact on the state by encouraging businesses to relocate or establish under
Florida law in order to utilize into garden leave and noncompete agreements.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Noncompete Agreements (Florida)
Generally, a contract in restraint of trade or commerce in Florida is unlawful.3 However, non-competition
restrictive covenants4 contained in employment agreements that are reasonable in time, area, and line of business,
are not prohibited.5 In any action concerning enforcement of a restrictive covenant, a court may not enforce a
restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought,
and the person seeking enforcement of a restrictive covenant must prove the existence of one or more legitimate
business interests justifying the restrictive covenant.6 The term “legitimate business interest” includes, but is not
limited to:
Trade secrets;7
Valuable confidential business or professional information that does not otherwise qualify as trade secrets;
Substantial relationships with specific prospective or existing customers, patients, or clients;
Customer, patient, or client goodwill associated with:
o An ongoing business or professional practice, by way of trade name, trademark, service mark, or
“trade dress;”
o A specific geographic location; or
o A specific marketing or trade area; or
Extraordinary or specialized training.8
Any restrictive covenant not supported by a legitimate business interest is unlawful and is void and
unenforceable.9 A person seeking enforcement of a restrictive covenant must prove that the contractually specified
restraint is reasonably necessary to protect the legitimate business interest or interests justifying the restriction.10
Garden Leave Agreements
The term “garden leave” generally refers to agreements in which the worker remains employed and receives the
same total annual compensation and benefits, but their access to co-workers and company facilities is restricted.11
Such agreements are not considered to be “post-employment restrictions.”12 As such, when an employee subject to
3 S. 542.18, F.S.
4 S. 542.335, F.S. employs the term “restrictive covenants” and includes all contractual restrictions such as
noncompetition/non-solicitation agreements, confidentiality agreements, exclusive dealing agreements, and all other
contractual restraints of trade. See Henao v. Prof'l Shoe Repair, Inc., 929 So.2d 723, 726 (Fla. 5th DCA 2006).
5 S. 542.335(1), F.S.
6 Id.
7 S. 688.002(4), F.S., defines a “trade secret” as information, including a formula, pattern, compilation, program, device,
method, technique, or process that derives independent economic value, actual or potential, from not being generally known
to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure
or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
8 S. 542.335(1)(b), F.S.
9 Id.
10 S. 542.335(1)(c), F.S.
11 16 C.F.R. §910 and §912 (2024).
12 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
a Garden Leave Agreement resigns or is terminated from his or her employment, the employer must continue to
pay the employee during the garden leave period. However, the employer is not obligated to assign work, and the
employee is prohibited from working for competitors. Garden Leave Agreements may be particularly useful in
industries which rely on proprietary information and data, or in which an employee’s departure will expose the
business to substantial risk.
Florida Antitrust Laws
Florida law provides protections against anticompetitive practices. Chapter 542, F.S., the Florida Antitrust Act of
1980, intended to complement the body of federal law prohibiting restraints of trade or commerce in order to
foster effective competition.13 The Florida Antitrust Act outlaws every contract, combination, or conspiracy in
restraint of trade or commerce in Florida14 and any person from monopolizing or attempting or conspiring to
monopolize any part of trade.15
Trade Secrets
Section 812.081, F.S., defines a “trade secret” as the whole or any portion or phase of any formula, pattern, device,
combination of devices, or compilation of information which is for use, or is used, in the operation of a business
and which provides the business an advantage, or an opportunity to obtain an advantage, over those who do not
know or use it. The term includes any scientific, technical, or commercial information, including financial
information, and includes any design, process, procedure, list of suppliers, list of customers, business code, or
improvement thereof, whether tangible or intangible, and regardless of whether or how it is stored, compiled, or
memorialized physically, electronically, graphically, photographically, or in writing. Irrespective of novelty,
invention, patentability, the state of the prior art, and the level of skill in the business, art, or field to which the
subject matter pertains, a trade secret is considered to be:
Secret;
Of value;
For use or in use by the business; and
Of advantage to the business, or providing an opportunity to obtain an advantage, over those who do not
know or use it.16
Penalties Associated with Trade Secrets
Florida law criminalizes the disclosure or theft of trade secrets. For example:
S. 815.04, F.S., makes it a third-degree felony17 for a person to willfully, knowingly, and without
authorization disclose or take data, programs, or supporting documentation that are trade secrets that
reside or exist internal or external to a computer, computer system, computer network, or electronic
device.18
S. 812.081(2), F.S., makes it a third-degree felony for a person to willfully and without authorization, obtain
or use, or endeavor to obtain or use, a trade secret with the intent to either temporarily or permanently:
o Deprive or withhold from the trade secret’s owner the control or benefit of a trade secret; or
o Appropriate a trade secret to his or her own use or to the use of another person not entitled to the
trade secret.
S. 812.081(3), F.S., makes it a second-degree felony19 for a person who traffics in, or endeavors to traffic in,
a trade secret that he or she knows or should know was obtained or used without authorization.
Restrictive Covenants in Florida Healthcare
13 S. 542.16, F.S.
14 S. 542.18, F.S.
15 S. 542.19, F.S.
16 S. 812.081(1)(f), F.S.
17 A third-degree felony is punishable by up to 5 years in prison and up to a $5,000 fine. See ss. 775.082, F.S., and 775.083, F.S.
18 The offense is a second-degree felony if committed for the purpose of devising or executing any scheme or artifice to
defraud or to obtain property.
19 A second-degree felony is punishable by up to 15 years in prison and up to a $10,000 fine. See ss. 775.082 and 775.083, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
Under s. 542.336, F.S., a restrictive covenant entered into with a physician who practices a medical specialty in a
county where one entity employs or contracts with all physicians who practice that specialty in that county, is not
supported by a legitimate business interest and is void and unenforceable.20 The restrictive covenant remains void
and unenforceable until three years after the date on which a second entity that employs or contracts with one or
more physicians who practice that specialty begins serving patients in that county.21
In 21st Century Oncology, Inc., the plaintiff sought a preliminary injunction to enjoin the application and
enforcement of s. 542.336, F.S. In August of 2019, the U.S. District Court for the Northern District of Florida denied
the injunction. While s. 542.336, F.S., was found to impair the plaintiff's employment contracts within the meaning
of the Contracts Clause, the court held that the degree of impairment did not outweigh the statute’s significant,
legitimate public purpose.22
Federal Treatment of Noncompete Agreements
History of Federal Antitrust Laws
In 1890, Congress passed the first antitrust law, the Sherman Act, as a comprehensive charter of economic liberty
aimed at preserving free and unfettered competition as the rule of trade. Congress subsequently passed two
additional antitrust laws in 1914: The Federal Trade Commission Act, which created the Federal Trade
Commission (FTC), and the Clayton Act. Under current Federal Law, the Sherman Act, the FTC Act,23 and the
Clayton Act24 govern federal antitrust matters.25
The Sherman Act
The Sherman Act outlaws every contract, combination, or conspiracy in restraint of trade, and any monopolization,
attempted monopolization, or conspiracy or combination to monopolize. The Sherman Act does not prohibit every
restraint of trade – only those that are unreasonable. For example, an agreement between two individuals to form a
partnership may restrain trade, but may not do so unreasonably, and thus may be lawful under the antitrust laws.
In contrast, certain acts are considered “per se” violations of the Sherman Act because they are harmful to
competition. These include plain arrangements among competing individuals or businesses to fix prices, divide
markets, or rig bids.26
The penalties for violating the Sherman Act can be severe. Although most enforcement actions are civil, the
Sherman Act is also a criminal law, and individuals and businesses that violate it may be prosecuted by the U.S.
Department of Justice. Criminal prosecutions are typically limited to intentional and clear violations. The Sherman
20 S. 542.336, F.S.
21 Id.
22 The ostensible public purpose of s. 542.336, F.S., is to reduce healthcare costs and improve patients' access to physicians. See
s. 542.336, F.S.; ECF No. 64 at 8 (Attorney General's post-hearing brief, stating “s 542.336, F.S., explicitly sets forth its own
rational basis in declaring that the restrictive covenants addressed by it are not supported by a legitimate business interest,
restrict patient access to physicians, and increase costs”). It is well settled that access to affordable healthcare is a legitimate
state interest.” See also 21st Century Oncology, Inc. v. Moody, 402 F. Supp. 3d 1351, 1359 (N.D. Fla. 2019). .
23 15 U.S.C. §§ 41-58.
24 Id.
25 The U.S. Supreme Court has also ruled that all violations of the Sherman Act also violate the FTC Act. The Antitrust Laws,
Federal Trade Commission, https://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws (last
visited Mar. 18, 2025).
26 Id.
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6
Act imposes criminal penalties of up to $10 million for a corporation and $350,000 for an individual, along with up
to 3 years in prison.27 Under some circumstances, the maximum fines can be higher.28
The Clayton Act addresses specific practices that the Sherman Act does not clearly prohibit, such as mergers and
interlocking directorates, and also bans mergers and acquisitions where the effect may substantially lessen
competition or create a monopoly.29
2024 Federal Trade Commission Rule
In April of 2024, the FTC adopted a rule30 banning noncompete agreements, which was set to take effect in
September 2024.31 Under the rule, existing noncompete agreements for most workers would no longer be
enforceable.32 Existing noncompete agreements for senior executives would remain in force, however, new
noncompete agreements, even if they involve senior executives would be banned.33
The FTC rule determined that it is an unfair method of competition for employers to enter into noncompete
agreements with workers, and therefore noncompete agreements are a violation of Section 5 of the FTC Act.
Constitutional Challenges to the 2024 FTC Rule
On July 23, 2024, the U.S. District Court for the Eastern District of Pennsylvania issued a decision, which held that
the FTC had the authority to issue its rule banning most employment based noncompete agreements.34
On August 14, 2024, the U.S. District Court for the Middle District of Florida entered a limited injunction
prohibiting the FTC from enforcing the FTC’s noncompete rule. The court used the “major questions doctrine” to
argue that the FTC did not have a valid grant of congressional authority to enact the rule.35 Under the limited
injunction, the FTC was enjoined from enforcing the noncompete rule only with respect to the Plaintiffs, Properties
of the Villages, Inc. As such, the 2024 FTC Rule may still be applied to business operating in Florida.
On August 20, 2024, the U.S. District Court for the Northern District of Texas granted summary judgement to the
plaintiffs and plaintiff intervenors’ corresponding claims in Ryan, LLC v. FTC, which sets aside the FTC’s
noncompete clause rule.36 The court found that the FTC has no authority to promulgate substantive rules regarding
unfair competition, and that the rule is invalid because it is arbitrary and capricious.37
Preliminary Injunction
A preliminary injunction is a legal tool that may be granted before or during trial, with the goal of preserving the
status quo prior to the entry of a Final Judgment.38 If a preliminary injunction is entered, the party that is subject to
27 Antitrust Enforcement and the Consumer, U.S. Department of Justice, https://www.govinfo.gov/content/pkg/GOVPUB-J-
PURL-LPS16084/pdf/GOVPUB-J-PURL-LPS16084.pdf (last visited Mar. 18, 2025). See also 15 U.S.C.A. § 2.
28 Id.
29 The Antitrust Laws, Federal Trade Commission supra note 25.
30 16 C.F.R. § 910.1-6.
31 The Federal Trade Commission, FTC Announces Rule Banning Noncompetes, https://www.ftc.gov/news-events/news/press-
releases/2024/04/ftc-announces-rule-banning-noncompetes (last visited March 28, 2025).
32 Id.
33 Id. The final rule defines “senior executives” as workers earning more than $151,164 annually and who are in policy-making
positions. See also 16 C.F.R. § 910.1-6.
34 ATS Tree Services, LLC. v. Federal Trade Commission, WL 3511630 (E.D. Pa. 2024). The court found that the FTC has broad
authority to regulate “unfair methods of competition” under the FTC Act. See also 15 U.S.C. §§ 41-58.
35 Properties of the Villages, Inc. v. Federal Trade Commission, WL 3870380 (M.D. Fla. 2024). The “major questions doctrine”
requires administrative agencies issuing rules of extraordinary economic and political significance to point to clear and
unambiguous congressional intent to confer such power on the agency.
36 Ryan, LLC v. Federal Trade Commission, 746 F.Supp.3d 369 (N.D. Tex. 2024).
37 Id.
38 Cornell Law School, Legal Information Institute, Preliminary Injunction,
https://www.law.cornell.edu/wex/preliminary_injunction (last visited March 28, 2025).
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7
the injunction is “enjoined” or barred from taking certain specified actions. In order to obtain a preliminary
injunction in a civil matter, a party must show that it will suffer irreparable harm unless the injunction is issued.
Temporary Injunction
Under Rule 1.610, Florida Rules of Civil Procedure, a temporary injunction may be granted without written or oral
notice to the adverse party only if:
It appears from the specific facts shown by the affidavit or verified pleading that immediate and irreparable
injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
The movant’s attorney certifies in writing any efforts that have been made to give notice and the reasons
why notice should not be required.
The temporary injunction remains in effect until further order of the court.39
Attorney Fees
In Florida, fee-shifting statutes entitle the prevailing party or, more specifically, a particular prevailing claimant or
plaintiff, to have his or her fees paid by the other party.40
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 11 Y, 5 N 3/19/2025 Anstead Brackett
Subcommittee
Judiciary Committee 18 Y, 0 N, As CS 4/2/2025 Kramer Mathews
THE CHANGES ADOPTED BY THE Made technical changes.
COMMITTEE: Clarified jurisdiction over covered garden leave agreements and
covered noncompete agreements is established when a covered
employer has a principal place of business in this state.
Made technical amendments to other sections in statute to conform to
the changes made by the bill.
Commerce Committee Hamon Brackett
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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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39 Rule 1.160, Fla. R. Civ. P., 182.
40 See, e.g., s. 400.023, F.S. (nursing home resident); s. 440.34, F.S. (claimant in a workers’ compensation case in certain
situations); s. 501.2105, F.S. (plaintiff in specified FDUTPA actions); ss. 626.9373 and 627.428, F.S. (prevailing insured party in
a case brought against an insurer); s. 790.33, F.S. (plaintiff in a suit to enforce his or her firearm rights); see also 42 U.S.C. s.
1988(b) (federal fee-shifting statute for prevailing parties in actions to enforce certain civil rights statutes).
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/CS/HB 1219 2025
1 A bill to be entitled
2 An act relating to employment agreements; creating
3 part I of ch. 542, F.S., entitled the "Florida
4 Antitrust Act of 1980"; creating part II of ch. 542,
5 F.S., entitled the "Florida Contracts Honoring
6 Opportunity, Investment, Confidentiality, and Economic
7 Growth (CHOICE) Act"; creating s. 542.41, F.S.;
8 providing a short title; creating s. 542.42, F.S.;
9 providing legislative findings; creating s. 542.43,
10 F.S.; defining terms; creating s. 542.44, F.S.;
11 providing applicability; providing that certain
12 covered garden leave agreements are not a restraint of
13 trade or an attempt to monopolize trade or commerce;
14 providing notice requirements for covered garden leave
15 agreements; providing that a covered employer may
16 waive any portion of such notice requirements by
17 providing a specified amount of advance written notice
18 to the covered employee; providing that covered garden
19 leave agreements do not affect other agreements;
20 requiring a court to enter a preliminary injunction to
21 stop covered employees, businesses, entities, or
22 individuals if a breach of a covered garden leave
23 agreement is alleged; authorizing the court to modify
24 such an injunction if a covered employee, business,
25 entity, or individual establishes certain information
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26 by clear and convincing evidence; requiring that
27 certain information be provided to the court under
28 seal; providing that a prevailing covered employer is
29 entitled to recover all available monetary damages for
30 all available claims; providing that a prevailing
31 party is entitled to reasonable attorney fees and
32 costs; authorizing a covered employer to reduce the
33 salary or benefits of a covered employee if he or she
34 engages in gross misconduct; providing that such a
35 reduction is not a breach of the covered garden leave
36 agreement; creating s. 542.45, F.S.; providing
37 applicability; providing that certain covered
38 noncompete agreements are not a restraint of trade or
39 an attempt to monopolize trade or commerce; providing
40 notice requirements for covered noncompete agreements;
41 providing that covered noncompete agreements do not
42 affect other agreements; requiring a court to enter a
43 preliminary injunction to stop covered employees,
44 businesses, entities, or individuals if a breach of a
45 covered noncompete agreement is alleged; authorizing
46 the court to modify such an injunction if a covered
47 employee, business, entity, or individual establishes
48 certain information by clear and convincing evidence;
49 requiring that certain information be provided to the
50 court under seal; providing that a prevailing covered
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51 employer is entitled to recover all available monetary
52 damages for all available claims; providing that a
53 prevailing party is entitled to reasonable attorney
54 fees and costs; authorizing a covered employer to
55 reduce the salary or benefits of a covered employee if
56 he or she engages in gross misconduct; providing that
57 such a reduction is not a breach of the covered
58 noncompete agreement; providing construction regarding
59 a restrictive covenant that does not meet the
60 definition of a covered garden leave agreement or a
61 covered noncompete agreement; amending ss. 542.15,
62 542.16, 542.17, 542.20, 542.22, 542.23, 542.235,
63 542.24, 542.25, 542.26, 542.27, 542.28, 542.29,
64 542.30, 542.31, 542.32, 542.33, 542.35, and 542.36,
65 F.S.; conforming provisions to changes made by the
66 act; providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Part I of chapter 542, Florida Statutes,
71 consisting of ss. 542.15-542.36, Florida Statutes, is created
72 and entitled the "Florida Antitrust Act of 1980."
73 Section 2. Part II of chapter 542, Florida Statutes,
74 consisting of ss. 542.41-542.45, Florida Statutes, is created
75 and entitled the "Florida Contracts Honoring Opportunity,
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76 Investment, Confidentiality, and Economic Growth (CHOICE) Act."
77 542.41 Short title.—This part may be cited as the "Florida
78 Contracts Honoring Opportunity, Investment, Confidentiality, and
79 Economic Growth (CHOICE) Act."
80 542.42 Legislative findings.—The Legislature finds that a
81 proper and legitimate state interest is served by enforcing
82 strong legal protections in contracts between employers and
83 contracted personnel which encourage optimal levels of
84 information sharing and training and development. The
85 Legislature further finds that alternative means of protecting
86 confidential information and client relationships, such as
87 nondisclosure agreements, fixed-duration term contracts, and
88 nonsolicitation clauses in employment contracts, are inadequate
89 to protect against the significant global risks faced by
90 companies in this state. The Legislature further finds that
91 predictability in the enforcement of contracts described in this
92 part encourages investment in this state. Therefore, the
93 Legislature determines and declares that this part fulfills an
94 important state interest.
95 542.43 Definitions.—For the purposes of this part, the
96 term:
97 (1) "Annual mean wage of employees in Florida" or "annual
98 mean wage" means the most recent annual mean wage as calculated
99 by the United States Department of Labor Bureau of Labor
100 Statistics, or its successor calculation, for all occupations in
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101 this state.
102 (2) "Benefit" means access to health insurance, life
103 insurance, or disability insurance that is the same as or
104 similar to the insurance that a covered employee had access to
105 and at the same cost to that employee during the month before
106 the commencement of his or her notice period.
107 (3) "Covered employee" means an employee or individual
108 contractor who earns or is reasonably expected to earn a salary
109 greater than twice the annual mean wage, or who has access to
110 his or her employer's or client's confidential information or
111 customer relationships. The term does not include a person
112 classified as a medical professional as defined in s. 1006.0626.
113 (4) "Covered employer" means an entity or individual who
114 employs or engages a covered employee.
115 (5) "Covered garden leave agreement" means a written
116 agreement, or part of a written agreement, between a covered
117 employee and covered employer in which:
118 (a) The covered employee and covered employer agree to up
119 to, but no more than, 4 years of advance, express notice before
120 terminating the employment or contractor relationship;
121 (b) The covered employee agrees not to resign before the
122 end of such notice period; and
123 (c) The covered employer agrees to retain the covered
124 employee for the duration of such notice period and to continue
125 paying the covered employee the same salary and providing the
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126 same benefits that the covered employee received from the
127 covered employer in the last month before the commencement of
128 the notice period. The covered employer is not obligated to
129 provide discretionary incentive compensation or benefits or have
130 the covered employee continue performing any work during the
131 notice period.
132 (6) "Covered noncompete agreement" means a written
133 agreement, or a portion of a written agreement, between a
134 covered employee and a covered employer in which, for a period
135 not to exceed 4 years and within the geographic area defined in
136 the agreement, the covered employee agrees not to assume a role
137 with or for another business, entity, or individual:
138 (a) In which the covered employee would provide services
139 similar to the services provided to the covered employer during
140 the 3 years preceding the noncompete period; or
141 (b) In which it is reasonably likely the covered employee
142 would use the confidential information or customer relationships
143 of the covered employer.
144 (7) "Noncompete period" means the time from the covered
145 employee's termination of employment through the end of the
146 agreed-upon postemployment period of noncompetition as set forth
147 in the covered noncompete agreement.
148 (8) "Notice period" means the date from the covered
149 employee's or covered employer's written notice of intent to
150 terminate the covered employee's employment through the date of
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151 termination as set forth in a covered garden leave agreement.
152 (9) "Primary place of work" means the location where the
153 covered employee spends more work time than any other single
154 workplace.
155 (10) "Salary" means the base compensation, calculated on
156 an annualized basis, which a covered employer pays a covered
157 employee, including a base wage, a salary, a professional fee,
158 or other compensation for personal services, and the fair market
159 value of any benefit other than cash. Salary does not include
160 health care benefits, severance pay, retirement benefits,
161 expense reimbursement, distribution of earnings and profits not
162 included as compensation for personal services, discretionary
163 incentives or awards, or anticipated but indeterminable
164 compensation, including tips, bonuses, or commissions.
165 542.44 Covered garden leave agreement.—
166 (1) APPLICABILITY.—This section applies to:
167 (a) A covered garden leave agreement with a covered
168 employee who maintains a primary place of work in this state,
169 regardless of any applicable choice of law provisions; or
170 (b) A covered garden leave agreement with a covered
171 employer whose principal place of business is in this state and
172 which employer is expressly governed by the laws of this state.
173
174 If any provision of this section is in conflict with any other
175 law, the provisions of this section shall govern.
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176 (2) RESTRAINT OF TRADE.—A covered garden leave agreement
177 does not violate public policy as a restraint of trade, as
178 described in s. 542.18, or an attempt to monopolize trade or
179 commerce in this state, as described in s. 542.19, and is fully
180 enforceable according to its terms, provided that:
181 (a) A covered employee was advised, in writing, of the
182 right to seek counsel prior to execution of the covered garden
183 leave agreement and was provided notice as described in
184 subsection (3);
185 (b) A covered employee acknowledges, in writing, receipt
186 of confidential information or customer relationships; and
187 (c) The covered garden leave agreement provides that:
188 1. After the first 90 days of the notice period, the
189 covered employee does not have to provide services to the
190 covered employer;
191 2. The covered employee may engage in nonwork activities
192 at any time, including during normal business hours, during the
193 remainder of the notice period;
194 3. The covered employee may, with the permission of the
195 covered employer, work for another employer while still employed
196 by the covered employer during the remainder of the notice
197 period; and
198 4. The garden leave agreement notice period may be reduced
199 during the notice period if the covered employer provides at
200 least 30 days' advance notice in writing to the covered
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201 employee.
202 (3) NOTICE.—
203 (a) A covered employer must provide a proposed covered
204 garden leave agreement to:
205 1. A prospective covered employee at least 7 days before
206 an offer of employment expires; or
207 2. A current covered employee at least 7 days before the
208 date that an offer to enter into a covered garden leave
209 agreement expires.
210 (b) A covered employer may, as provided for in the covered
211 garden leave agreement, shorten the term of the notice period at
212 any time during the notice period by providing at least 30 days'
213 advance notice in writing to the covered employee.
214 (4) OTHER AGREEMENTS.—This section does not affect or
215 limit the enforceability of any other employment agreement or
216 any other agreement.
217 (5) BREACH OF A COVERED GARDEN LEAVE AGREEMENT; REMEDIES.—
218 (a) Upon application by a covered employer seeking
219 enforcement of a covered garden leave agreement, a court must
220 preliminarily enjoin a covered employee from providing services
221 to any business, entity, or individual other than the covered
222 employer during the notice period. The court may modify or
223 dissolve the injunction only if the covered employee establishes
224 by clear and convincing evidence that:
225 1. The covered employee will not perform, during the
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226 notice period, any work similar to the services provided to the
227 covered employer during the 3-year period preceding the
228 commencement of the notice period, or use confidential
229 information or customer relationships of the covered employer;
230 or
231 2. The covered employer has failed to pay or provide the
232 salary and benefits provided for in the covered garden leave
233 agreement during the notice period and has had a reasonable
234 opportunity to cure the failure.
235 (b) Upon application by a covered employer seeking
236 enforcement of a covered garden leave agreement, a court must
237 preliminarily enjoin a business, an entity, or an individual
238 from engaging a covered employee during the covered employee's
239 notice period. The court may modify or dissolve the injunction
240 only if the business, entity, or individual establishes by clear
241 and convincing evidence, based on public or other
242 nonconfidential information, that:
243 1. The covered employee will not provide any services
244 similar to the services provided to the covered employer during
245 the 3-year period preceding the commencement of the notice
246 period, or use confidential information or customer
247 relationships of the covered employer; or
248 2. The business or individual seeking to employ or engage
249 the covered employee is not engaged in, and is not planning or
250 preparing to engage in, any business activity similar to that
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251 engaged in by the covered employer during the notice period.
252
253 Any information filed with the court which the covered employer
254 deems to be confidential must be filed under seal to protect
255 confidentiality or avoid substantial injury. A court must
256 presume that an employee or individual contractor has access to
257 confidential information or customer relationships if the
258 employee or individual contractor acknowledges the access or
259 receipt of such access in writing.
260 (c) The injunctive relief provided under this section is
261 not an exclusive remedy, and a prevailing covered employer is
262 entitled to recover all available monetary damages for all
263 available claims.
264 (d) In any action to enforce this section, the prevailing
265 party is entitled to reasonable attorney fees and costs.
266 (e) If the covered employee engages in gross misconduct
267 against the covered employer, the covered employer may reduce
268 the salary or benefits of the covered employee or take other
269 appropriate action during the notice period, which reduction or
270 other action may not be considered a breach of the covered
271 garden leave agreement.
272 542.45 Covered noncompete agreements.—
273 (1) APPLICABILITY.—This section applies to:
274 (a) A covered noncompete agreement with a covered employee
275 who maintains a primary place of work in this state, regardless
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276 of any applicable choice of law provisions; or
277 (b) A covered noncompete agreement with a covered employer
278 whose principal place of business is in this state and which
279 employer is expressly governed by the laws of this state.
280
281 In either case, if any provision of this section is in conflict
282 with any other law, the provisions of this section govern.
283 (2) RESTRAINT OF TRADE.—A covered noncompete agreement
284 does not violate public policy as a restraint of trade, as
285 described in s. 542.18, or an attempt to monopolize trade or
286 commerce in this state, as described in s. 542.19, and is fully
287 enforceable according to its terms, provided that:
288 (a) A covered employee was advised, in writing, of the
289 right to seek counsel prior to execution of the covered
290 noncompete agreement and was provided notice as described in
291 subsection (3);
292 (b) A covered employee acknowledges, in writing, receipt
293 of confidential information or customer relationships; and
294 (c) A covered noncompete agreement provides that the
295 noncompete period is reduced day-for-day by any nonworking
296 portion of the notice period, pursuant to a covered garden leave
297 agreement between the covered employee and the covered employer,
298 if applicable.
299 (3) NOTICE.—A covered employer must provide a proposed
300 covered noncompete agreement to:
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301 (a) A prospective covered employee at least 7 days before
302 an offer of employment expires; or
303 (b) A current covered employee at least 7 days before the
304 date that an offer to enter into a covered noncompete agreement
305 expires.
306 (4) OTHER AGREEMENTS.—This section does not affect or
307 limit the enforceability of any other employment agreement or
308 any other agreement.
309 (5) BREACH OF COVERED NONCOMPETE AGREEMENT; REMEDIES.—
310 (a) Upon application by a covered employer seeking
311 enforcement of a covered noncompete agreement, a court must
312 preliminarily enjoin a covered employee from providing services
313 to any business, entity, or individual other than the covered
314 employer during the noncompete period. The court may modify or
315 dissolve the injunction only if the covered employee establishes
316 by clear and convincing evidence that:
317 1. The covered employee will not perform, during the
318 noncompete period, any work similar to the services provided to
319 the covered employer during the 3-year period preceding the
320 commencement of the noncompete period, or use confidential
321 information or customer relationships of the covered employer;
322 or
323 2. The covered employer has failed to pay or provide the
324 consideration provided for in the covered noncompete agreement
325 and has had a reasonable opportunity to cure the failure.
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326 (b) Upon application by a covered employer seeking
327 enforcement of a covered noncompete agreement, a court must
328 preliminarily enjoin a business, an entity, or an individual
329 from engaging a covered employee during the covered employee's
330 noncompete period. The court may modify or dissolve the
331 injunction only if the business, entity, or individual
332 establishes by clear and convincing evidence, based on public or
333 other nonconfidential information, that:
334 1. The covered employee will not provide any services
335 similar to the services provided to the covered employer during
336 the 3-year period preceding the commencement of the noncompete
337 period, or use confidential information or customer
338 relationships of the covered employer; or
339 2. The business or individual seeking to employ or engage
340 the covered employee is not engaged in, and is not planning or
341 preparing to engage in, any business activity in the geographic
342 area specified in the noncompete agreement during the noncompete
343 period if such business activity is similar to that engaged in
344 by the covered employer.
345
346 Any information filed with the court which the covered employer
347 deems to be confidential must be filed under seal to protect
348 confidentiality or avoid substantial injury. A court must
349 presume that an employee or individual contractor has access to
350 confidential information or customer relationships if the
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351 employee or individual contractor acknowledges the access or
352 receipt of such access in writing.
353 (c) The injunctive relief provided in this section is not
354 an exclusive remedy, and a prevailing covered employer is
355 entitled to recover all available monetary damages for all
356 available claims.
357 (d) In any action to enforce this section, the prevailing
358 party is entitled to reasonable attorney fees and costs.
359 (e) If the covered employee engages in gross misconduct
360 against the covered employer, the covered employer may reduce
361 the salary or benefits of the covered employee or take other
362 appropriate action during the noncompete period, which reduction
363 or other action may not be considered a breach of the covered
364 noncompete agreement.
365
366 Any action regarding a restrictive covenant that does not meet
367 the definition of a covered garden leave agreement or a covered
368 noncompete agreement as provided in this part is governed by s.
369 542.335.
370 Section 3. Section 542.15, Florida Statutes, is amended to
371 read:
372 542.15 Short title.—This part act shall be known and may
373 be cited as the "Florida Antitrust Act of 1980."
374 Section 4. Section 542.16, Florida Statutes, is amended to
375 read:
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376 542.16 Purpose.—The Legislature declares it to be the
377 purpose of this part act to complement the body of federal law
378 prohibiting restraints of trade or commerce in order to foster
379 effective competition. It is the intent of the Legislature that
380 this part act be liberally construed to accomplish its
381 beneficial purpose.
382 Section 5. Section 542.17, Florida Statutes, is amended to
383 read:
384 542.17 Definitions.—Unless a different meaning is clearly
385 indicated by the context, for the purposes of this part chapter,
386 the terms defined in this section have the following meanings
387 ascribed to them:
388 (1) "Commodity" means any goods, merchandise, wares,
389 produce, chose in action, land, article of commerce, or other
390 tangible or intangible property, real, personal, or mixed, for
391 use, consumption, production, enjoyment, or resale.
392 (2) "Service" means any kind of activity performed in
393 whole or in part for economic benefit.
394 (3) "Person" means any individual, corporation, firm,
395 partnership, limited partnership, incorporated or unincorporated
396 association, professional association, or other legal,
397 commercial, or governmental entity, including the State of
398 Florida, its departments, agencies, political subdivisions, and
399 units of government.
400 (4) "Trade or commerce" means any economic activity of any
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401 type whatsoever involving any commodity or service whatsoever.
402 (5) "Document" means any stored or retained data or
403 information in whatever form.
404 (6) "Attorney General" includes not only the Attorney
405 General of Florida but also any designee of the Attorney General
406 or any assistant attorney general or special assistant attorney
407 general.
408 (7) "State attorney" includes not only the state attorneys
409 of Florida but also any designee of a state attorney or any
410 assistant state attorney or special assistant state attorney.
411 (8) "Local government" means a municipality, county,
412 school district, or any other general-function or special-
413 function governmental unit established by the laws of the state.
414 Section 6. Section 542.20, Florida Statutes, is amended to
415 read:
416 542.20 Exemptions.—Any activity or conduct exempt under
417 Florida statutory or common law or exempt from the provisions of
418 the antitrust laws of the United States is exempt from the
419 provisions of this part chapter.
420 Section 7. Subsection (1) of section 542.22, Florida
421 Statutes, is amended to read:
422 542.22 Suits for damages.—
423 (1) Any person who shall be injured in her or his business
424 or property by reason of any violation of s. 542.18 or s. 542.19
425 may sue therefor in the circuit courts of this state and shall
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426 recover threefold the damages by her or him sustained, and the
427 cost of suit, including a reasonable attorney's fee. The court
428 shall award a reasonable attorney's fee to a defendant
429 prevailing in any action under this part chapter for damages or
430 equitable relief in which the court finds there was a complete
431 absence of a justiciable issue of either law or fact raised by
432 the plaintiff.
433 Section 8. Section 542.23, Florida Statutes, is amended to
434 read:
435 542.23 Equitable remedies.—In addition to other remedies
436 provided by this part chapter, any person shall be entitled to
437 sue for and have injunctive or other equitable relief in the
438 circuit courts of this state against threatened loss or damage
439 by a violation of this part chapter. In any action under this
440 section in which the plaintiff substantially prevails, the court
441 shall award the cost of suit, including a reasonable attorney's
442 fee, to the plaintiff.
443 Section 9. Subsection (4) of section 542.235, Florida
444 Statutes, is amended to read:
445 542.235 Limitations of actions and penalties against local
446 governments and their officials and employees.—
447 (4) No criminal action shall be maintained pursuant to s.
448 542.21(2), and no civil penalties, damages, interest on damages,
449 costs, or attorneys' fees shall be recovered pursuant to s.
450 542.21(1) or s. 542.22, against any local government official or
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451 employee for official conduct within the scope of her or his
452 lawful authority, unless the official or employee has violated
453 the provisions of this part chapter for the purpose of deriving
454 personal financial or professional gain or for the professional
455 or financial gain of her or his immediate family or of any
456 principal by whom the official is retained.
457 Section 10. Section 542.24, Florida Statutes, is amended
458 to read:
459 542.24 Consent decrees and settlement agreements.—In a
460 civil action maintained under this part chapter by the Attorney
461 General or a state attorney, any party to such action may
462 petition the court for entry of a consent decree or for approval
463 of a settlement agreement. The proposed decree or agreement
464 shall set out the alleged violations, the future obligations of
465 the parties, the damages or other relief agreed upon, and the
466 reasons for entering into the consent decree or settlement
467 agreement.
468 Section 11. Section 542.25, Florida Statutes, is amended
469 to read:
470 542.25 Judgment in favor of state as prima facie
471 evidence.—A final judgment or decree entered in any civil or
472 criminal proceeding brought by the Attorney General or a state
473 attorney under s. 542.21 or s. 542.23 to the effect that a
474 defendant has violated s. 542.18 or s. 542.19, or entered in any
475 civil or criminal proceeding brought by the United States
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476 Department of Justice under comparable federal laws, shall be
477 prima facie evidence against such defendant in any civil action
478 or proceeding under this part chapter brought by any other
479 person against such defendant as to all matters with respect to
480 which such judgment or decree would be an estoppel as between
481 the parties thereto; however, this section does not apply to a
482 consent judgment or decree entered before any testimony has been
483 taken. Nothing contained in this section shall be construed to
484 impose any limitation on the application of collateral estoppel.
485 Section 12. Subsection (2) of section 542.26, Florida
486 Statutes, is amended to read:
487 542.26 Limitation of actions.—
488 (2) Whenever any civil or criminal proceeding is
489 instituted by the Attorney General or a state attorney to
490 prevent, restrain, or punish any violation of this part chapter,
491 the running of the statute of limitations, with respect to every
492 private right of action arising under this part chapter and
493 based in whole or in part on any matter complained of in said
494 proceeding, shall be suspended during the pendency thereof and
495 for 1 year thereafter. Whenever the running of the statute of
496 limitations in respect of a cause of action arising under s.
497 542.22(1) is suspended hereunder, any action to enforce such
498 cause of action shall be forever barred unless commenced either
499 within the period of suspension or within the period of
500 limitation.
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501 Section 13. Section 542.27, Florida Statutes, is amended
502 to read:
503 542.27 Enforcement authority.—
504 (1) The Attorney General, or a state attorney with written
505 permission from the Attorney General, acting jointly or
506 independently, may commence and try all criminal prosecutions
507 under this part chapter. Criminal prosecutions under this part
508 chapter shall be commenced by indictment. With respect to
509 commencement and trial of such prosecutions, the Attorney
510 General or a state attorney shall have all the powers and duties
511 vested by law with respect to criminal prosecutions generally.
512 Incident to any investigation commenced under this part chapter,
513 the Attorney General may participate in and appear before a
514 grand jury in assistance of any state attorney, irrespective of
515 the provisions of chapter 905.
516 (2) The Attorney General is authorized to institute or
517 intervene in civil proceedings seeking the full range of relief
518 afforded by this part chapter or by federal laws pertaining to
519 antitrust or restraints of trade on behalf of the state, its
520 departments, agencies, and units of government. In addition, the
521 Attorney General, as chief state legal officer, may institute
522 any action authorized under this part chapter, federal laws
523 pertaining to antitrust or restraints of trade, or similar laws
524 of other states on behalf of natural persons in the state.
525 (3) Whenever the Attorney General, by her or his own
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526 inquiry or as a result of a complaint, suspects that a violation
527 of this part chapter or federal laws pertaining to restraints of
528 trade is imminent, occurring, or has occurred, the Attorney
529 General may investigate such suspected violation.
530 Section 14. Paragraph (b) of subsection (2), paragraph (b)
531 of subsection (3), and subsections (5) and (13) of section
532 542.28, Florida Statutes, are amended to read:
533 542.28 Civil investigative demand.—
534 (2) The demand shall:
535 (b) State the nature of the conduct which constitutes the
536 violation of this part chapter or of the federal antitrust laws
537 and which is alleged to have occurred or to be imminent.
538 (3) No such demand shall require the production of any
539 documentary material, the submission of any answers to written
540 interrogatories, or the giving of any oral testimony if such
541 material, answers, or testimony would be protected from
542 disclosure under:
543 (b) The standards applicable to a discovery request under
544 the Florida Rules of Civil Procedure, to the extent that the
545 application of such standards to any such demand is appropriate
546 and consistent with the provisions and purposes of this part
547 chapter.
548 (5) Within 30 days after the service of an investigative
549 demand upon any person or at any time before the return date
550 specified therein, whichever period is longer, the person served
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551 may file in the circuit court in and for the county in which the
552 person resides or transacts business, and serve upon the
553 Attorney General or state attorney, a petition for an order of
554 the court modifying or setting aside the demand. The time
555 allowed for compliance in whole or in part with the demand as
556 deemed proper and ordered by the court shall not run while the
557 petition is pending before the court. The petition shall specify
558 each ground upon which the petitioner relies in seeking relief
559 and may be based upon the failure of the demand to comply with
560 the provisions of this part chapter or upon any constitutional
561 or other legal right or privilege of such person.
562 (13) Nothing contained in this section shall impair the
563 authority of the Attorney General or state attorney to:
564 (a) Institute a civil proceeding under s. 542.22;
565 (b) Lay before a grand jury of this state evidence
566 concerning a violation of this part chapter;
567 (c) Invoke the power of a court to compel the production
568 of evidence before a grand jury; or
569 (d) File a civil complaint or criminal indictment alleging
570 a violation of this part chapter.
571 Section 15. Section 542.29, Florida Statutes, is amended
572 to read:
573 542.29 Duty of public officers.—In any investigation and
574 in any criminal or civil action commenced pursuant to this part
575 chapter, it shall be the duty of all public officers and their
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576 deputies, assistants, clerks, subordinates, or employees to
577 render and furnish to the Attorney General or a state attorney,
578 when so requested, assistance and all information available in
579 their official capacity.
580 Section 16. Section 542.30, Florida Statutes, is amended
581 to read:
582 542.30 Jurisdiction and venue.—Without regard to the
583 amount in controversy, a suit or proceeding brought under this
584 part chapter shall be brought in the circuit court in and for
585 any county in which the cause of action arose; in which any
586 defendant resides, is found, or has an agent; or in which any
587 act in furtherance of the conduct prohibited by this part
588 chapter occurred.
589 Section 17. Section 542.31, Florida Statutes, is amended
590 to read:
591 542.31 Action not barred as affecting or involving
592 interstate or foreign commerce.—No action under this part
593 chapter shall be barred on the grounds that the activity or
594 conduct complained of in any way affects or involves interstate
595 or foreign commerce. It is the intent of the Legislature to
596 exercise its powers to the fullest extent consistent with the
597 Constitutions of this state and the United States.
598 Section 18. Section 542.32, Florida Statutes, is amended
599 to read:
600 542.32 Rule of construction and coverage.—It is the intent
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601 of the Legislature that, in construing this part chapter, due
602 consideration and great weight be given to the interpretations
603 of the federal courts relating to comparable federal antitrust
604 statutes. In particular, the failure to include in this part
605 chapter the substantive provisions of s. 3 of the Clayton Act,
606 15 U.S.C. s. 14, shall not be deemed in any way to limit the
607 scope of s. 542.18 or s. 542.19.
608 Section 19. Subsection (1) of section 542.33, Florida
609 Statutes, is amended to read:
610 542.33 Contracts in restraint of trade valid.—
611 (1) Notwithstanding other provisions of this part chapter
612 to the contrary, each contract by which any person is restrained
613 from exercising a lawful profession, trade, or business of any
614 kind, as provided by subsections (2) and (3) hereof, is to that
615 extent valid, and all other contracts in restraint of trade are
616 void.
617 Section 20. Section 542.35, Florida Statutes, is amended
618 to read:
619 542.35 Remedies cumulative.—The remedies provided by this
620 part act are cumulative of each other and of existing powers and
621 remedies inherent in the courts.
622 Section 21. Section 542.36, Florida Statutes, is amended
623 to read:
624 542.36 Continuing violations.—Violations commenced prior
625 to October 1, 1980, the effective date of this act and
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626 continuing after the effective date shall be actionable as
627 provided in this part chapter. The fact that any conduct
628 occurred prior to October 1, 1980, the effective date of this
629 act shall not affect its relevance in proving that a violation
630 of this part chapter has occurred or is occurring.
631 Section 22. This act shall take effect July 1, 2025.
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CS/CS/HB 1219 by Rep. Koster
Employment Agreements
AMENDMENT SUMMARY
April 15, 2025
Amendment 1 by Rep. Koster (strike-all):
• Provides that a “covered employee” who may be subject to a garden leave agreement or
noncompete agreement must earn or be expected to earn a salary greater than twice
the annual mean wage.
• Clarifies that evidence used in court to dissolve or modify a garden leave or noncompete
agreement must be nonconfidential.
• Provides that a court may dissolve an injunction prohibiting a “covered employee” from
working for another employer if the employer is not engaging in an activity similar to the
“covered employer” in the geographic area specified in the garden leave agreement or
noncompete agreement.
Amendment to Amendment 1 by Rep. Esposito (line 44):
• Clarifies that the annual mean wage means the annual mean wage of the county in
Florida where the business or employee is located.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Koster offered the following:
3
4 Amendment
5 Remove everything after the enacting clause and insert:
6
7 Section 1. Part I of chapter 542, Florida Statutes,
8 consisting of ss. 542.15-542.36, Florida Statutes, is created
9 and entitled the "Florida Antitrust Act of 1980."
10 Section 2. Part II of chapter 542, Florida Statutes,
11 consisting of ss. 542.41-542.45, Florida Statutes, is created
12 and entitled the "Florida Contracts Honoring Opportunity,
13 Investment, Confidentiality, and Economic Growth (CHOICE) Act."
14 542.41 Short title.—This part may be cited as the "Florida
15 Contracts Honoring Opportunity, Investment, Confidentiality, and
16 Economic Growth (CHOICE) Act."
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
17 542.42 Legislative findings.—The Legislature finds that a
18 proper and legitimate state interest is served by enforcing
19 strong legal protections in contracts between employers and
20 contracted personnel which encourage optimal levels of
21 information sharing and training and development. The
22 Legislature further finds that alternative means of protecting
23 confidential information and client relationships, such as
24 nondisclosure agreements, fixed-duration term contracts, and
25 nonsolicitation clauses in employment contracts, are inadequate
26 to protect against the significant global risks faced by
27 companies in this state. The Legislature further finds that
28 predictability in the enforcement of contracts described in this
29 part encourages investment in this state. Therefore, the
30 Legislature determines and declares that this part fulfills an
31 important state interest.
32 542.43 Definitions.—For the purposes of this part, the
33 term:
34 (1) "Annual mean wage of employees in Florida" or "annual
35 mean wage" means the most recent annual mean wage as calculated
36 by the United States Department of Labor Bureau of Labor
37 Statistics, or its successor calculation, for all occupations in
38 this state.
39 (2) "Benefit" means access to health insurance, life
40 insurance, or disability insurance that is the same as or
41 similar to the insurance that a covered employee had access to
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Amendment No. 1
42 and at the same cost to that employee during the month before
43 the commencement of his or her notice period.
44 (3) "Covered employee" means an employee or individual
45 contractor who earns or is reasonably expected to earn a salary
46 greater than twice the annual mean wage. The term does not
47 include a person classified as a health care practitioner as
48 defined in s. 456.001(4).
49 (4) "Covered employer" means an entity or individual who
50 employs or engages a covered employee.
51 (5) "Covered garden leave agreement" means a written
52 agreement, or part of a written agreement, between a covered
53 employee and covered employer in which:
54 (a) The covered employee and covered employer agree to up
55 to, but no more than, 4 years of advance, express notice before
56 terminating the employment or contractor relationship;
57 (b) The covered employee agrees not to resign before the
58 end of such notice period; and
59 (c) The covered employer agrees to retain the covered
60 employee for the duration of such notice period and to continue
61 paying the covered employee the same salary and providing the
62 same benefits that the covered employee received from the
63 covered employer in the last month before the commencement of
64 the notice period. The covered employer is not obligated to
65 provide discretionary incentive compensation or benefits or have
66 the covered employee continue performing any work during the
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Amendment No. 1
67 notice period.
68 (6) "Covered noncompete agreement" means a written
69 agreement, or a portion of a written agreement, between a
70 covered employee and a covered employer in which, for a period
71 not to exceed 4 years and within the geographic area defined in
72 the agreement, the covered employee agrees not to assume a role
73 with or for another business, entity, or individual:
74 (a) In which the covered employee would provide services
75 similar to the services provided to the covered employer during
76 the 3 years preceding the noncompete period; or
77 (b) In which it is reasonably likely the covered employee
78 would use the confidential information or customer relationships
79 of the covered employer.
80 (7) "Noncompete period" means the time from the covered
81 employee's termination of employment through the end of the
82 agreed-upon postemployment period of noncompetition as set forth
83 in the covered noncompete agreement.
84 (8) "Notice period" means the date from the covered
85 employee's or covered employer's written notice of intent to
86 terminate the covered employee's employment through the date of
87 termination as set forth in a covered garden leave agreement.
88 (9) "Primary place of work" means the location where the
89 covered employee spends more work time than any other single
90 workplace.
91 (10) "Salary" means the base compensation, calculated on
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Amendment No. 1
92 an annualized basis, which a covered employer pays a covered
93 employee, including a base wage, a salary, a professional fee,
94 or other compensation for personal services, and the fair market
95 value of any benefit other than cash. Salary does not include
96 health care benefits, severance pay, retirement benefits,
97 expense reimbursement, distribution of earnings and profits not
98 included as compensation for personal services, discretionary
99 incentives or awards, or anticipated but indeterminable
100 compensation, including tips, bonuses, or commissions.
101 542.44 Covered garden leave agreement.—
102 (1) APPLICABILITY.—This section applies to:
103 (a) A covered garden leave agreement with a covered
104 employee who maintains a primary place of work in this state,
105 regardless of any applicable choice of law provisions; or
106 (b) A covered garden leave agreement with a covered
107 employer whose principal place of business is in this state and
108 which agreement is expressly governed by the laws of this state.
109
110 If any provision of this section is in conflict with any other
111 law, the provisions of this section shall govern.
112 (2) RESTRAINT OF TRADE.—A covered garden leave agreement
113 does not violate public policy as a restraint of trade, as
114 described in s. 542.18, or an attempt to monopolize trade or
115 commerce in this state, as described in s. 542.19, and is fully
116 enforceable according to its terms, provided that:
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Amendment No. 1
117 (a) A covered employee was advised, in writing, of the
118 right to seek counsel prior to execution of the covered garden
119 leave agreement and was provided notice as described in
120 subsection (3);
121 (b) A covered employee acknowledges, in writing, receipt
122 of confidential information or customer relationships; and
123 (c) The covered garden leave agreement provides that:
124 1. After the first 90 days of the notice period, the
125 covered employee does not have to provide services to the
126 covered employer;
127 2. The covered employee may engage in nonwork activities
128 at any time, including during normal business hours, during the
129 remainder of the notice period;
130 3. The covered employee may, with the permission of the
131 covered employer, work for another employer while still employed
132 by the covered employer during the remainder of the notice
133 period; and
134 4. The garden leave agreement notice period may be reduced
135 during the notice period if the covered employer provides at
136 least 30 days' advance notice in writing to the covered
137 employee.
138 (3) NOTICE.—
139 (a) A covered employer must provide a proposed covered
140 garden leave agreement to:
141 1. A prospective covered employee at least 7 days before
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Amendment No. 1
142 an offer of employment expires; or
143 2. A current covered employee at least 7 days before the
144 date that an offer to enter into a covered garden leave
145 agreement expires.
146 (b) A covered employer may, as provided for in the covered
147 garden leave agreement, shorten the term of the notice period at
148 any time during the notice period by providing at least 30 days'
149 advance notice in writing to the covered employee.
150 (4) OTHER AGREEMENTS.—This section does not affect or
151 limit the enforceability of any other employment agreement or
152 any other agreement.
153 (5) BREACH OF A COVERED GARDEN LEAVE AGREEMENT; REMEDIES.—
154 (a) Upon application by a covered employer seeking
155 enforcement of a covered garden leave agreement, a court must
156 preliminarily enjoin a covered employee from providing services
157 to any business, entity, or individual other than the covered
158 employer during the notice period. The court may modify or
159 dissolve the injunction only if the covered employee establishes
160 by clear and convincing evidence, based on nonconfidential
161 information, that:
162 1. The covered employee will not perform, during the
163 notice period, any work similar to the services provided to the
164 covered employer during the 3-year period preceding the
165 commencement of the notice period, or use confidential
166 information or customer relationships of the covered employer;
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Amendment No. 1
167 or
168 2. The covered employer has failed to pay or provide the
169 salary and benefits provided for in the covered garden leave
170 agreement during the notice period and has had a reasonable
171 opportunity to cure the failure.
172 (b) Upon application by a covered employer seeking
173 enforcement of a covered garden leave agreement, a court must
174 preliminarily enjoin a business, an entity, or an individual
175 from engaging a covered employee during the covered employee's
176 notice period. The court may modify or dissolve the injunction
177 only if the business, entity, or individual establishes by clear
178 and convincing evidence, based on nonconfidential information,
179 that:
180 1. The covered employee will not provide any services
181 similar to the services provided to the covered employer during
182 the 3-year period preceding the commencement of the notice
183 period, or use confidential information or customer
184 relationships of the covered employer; or
185 2. The business or individual seeking to employ or engage
186 the covered employee is not engaged in, and is not planning or
187 preparing to engage in, any business activity similar to that
188 engaged in by the covered employer during the notice period.
189
190 Any information filed with the court which the covered employer
191 deems to be confidential must be filed under seal to protect
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Amendment No. 1
192 confidentiality or avoid substantial injury. A court must
193 presume that an employee or individual contractor has access to
194 confidential information or customer relationships if the
195 employee or individual contractor acknowledges the access or
196 receipt of such access in writing.
197 (c) The injunctive relief provided under this section is
198 not an exclusive remedy, and a prevailing covered employer is
199 entitled to recover all available monetary damages for all
200 available claims.
201 (d) In any action to enforce this section, the prevailing
202 party is entitled to reasonable attorney fees and costs.
203 (e) If the covered employee engages in gross misconduct
204 against the covered employer, the covered employer may reduce
205 the salary or benefits of the covered employee or take other
206 appropriate action during the notice period, which reduction or
207 other action may not be considered a breach of the covered
208 garden leave agreement.
209 542.45 Covered noncompete agreements.—
210 (1) APPLICABILITY.—This section applies to:
211 (a) A covered noncompete agreement with a covered employee
212 who maintains a primary place of work in this state, regardless
213 of any applicable choice of law provisions; or
214 (b) A covered noncompete agreement with a covered employer
215 whose principal place of business is in this state and which
216 agreement is expressly governed by the laws of this state.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
217
218 In either case, if any provision of this section is in conflict
219 with any other law, the provisions of this section govern.
220 (2) RESTRAINT OF TRADE.—A covered noncompete agreement
221 does not violate public policy as a restraint of trade, as
222 described in s. 542.18, or an attempt to monopolize trade or
223 commerce in this state, as described in s. 542.19, and is fully
224 enforceable according to its terms, provided that:
225 (a) A covered employee was advised, in writing, of the
226 right to seek counsel prior to execution of the covered
227 noncompete agreement and was provided notice as described in
228 subsection (3);
229 (b) A covered employee acknowledges, in writing, that in
230 the course of their employment they will receive confidential
231 information or customer relationships; and
232 (c) A covered noncompete agreement provides that the
233 noncompete period is reduced day-for-day by any nonworking
234 portion of the notice period, pursuant to a covered garden leave
235 agreement between the covered employee and the covered employer,
236 if applicable.
237 (3) NOTICE.—A covered employer must provide a proposed
238 covered noncompete agreement to:
239 (a) A prospective covered employee at least 7 days before
240 an offer of employment expires; or
241 (b) A current covered employee at least 7 days before the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
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Amendment No. 1
242 date that an offer to enter into a covered noncompete agreement
243 expires.
244 (4) OTHER AGREEMENTS.—This section does not affect or
245 limit the enforceability of any other employment agreement or
246 any other agreement.
247 (5) BREACH OF COVERED NONCOMPETE AGREEMENT; REMEDIES.—
248 (a) Upon application by a covered employer seeking
249 enforcement of a covered noncompete agreement, a court must
250 preliminarily enjoin a covered employee from providing services
251 to any business, entity, or individual other than the covered
252 employer during the noncompete period. The court may modify or
253 dissolve the injunction only if the covered employee establishes
254 by clear and convincing evidence, based on nonconfidential
255 information, that:
256 1. The covered employee will not perform, during the
257 noncompete period, any work similar to the services provided to
258 the covered employer during the 3-year period preceding the
259 commencement of the noncompete period, or use confidential
260 information or customer relationships of the covered employer;
261 2. The covered employer has failed to pay or provide the
262 consideration provided for in the covered noncompete agreement
263 and has had a reasonable opportunity to cure the failure; or
264 3. The business or individual seeking to employ or engage
265 the covered employee is not engaged in, and is not planning or
266 preparing to engage in during the noncompete period business
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
267 activity similar to that engaged in by the covered employer in
268 the geographic area specified in the noncompete agreement.
269 (b) Upon application by a covered employer seeking
270 enforcement of a covered noncompete agreement, a court must
271 preliminarily enjoin a business, an entity, or an individual
272 from engaging a covered employee during the covered employee's
273 noncompete period. The court may modify or dissolve the
274 injunction only if the business, entity, or individual
275 establishes by clear and convincing evidence, based on
276 nonconfidential information, that:
277 1. The covered employee will not provide any services
278 similar to the services provided to the covered employer during
279 the 3-year period preceding the commencement of the noncompete
280 period, or use confidential information or customer
281 relationships of the covered employer; or
282 2. The business or individual seeking to employ or engage
283 the covered employee is not engaged in, and is not planning or
284 preparing to engage in during the noncompete period business
285 activity similar to that engaged in by the covered employer in
286 the geographic area specified in the noncompete agreement.
287
288 Any information filed with the court which the covered employer
289 deems to be confidential must be filed under seal to protect
290 confidentiality or avoid substantial injury. A court must
291 presume that an employee or individual contractor has access to
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
292 confidential information or customer relationships if the
293 employee or individual contractor acknowledges the access or
294 receipt of such access in writing.
295 (c) The injunctive relief provided in this section is not
296 an exclusive remedy, and a prevailing covered employer is
297 entitled to recover all available monetary damages for all
298 available claims.
299 (d) In any action to enforce this section, the prevailing
300 party is entitled to reasonable attorney fees and costs.
301 (e) If the covered employee engages in gross misconduct
302 against the covered employer, the covered employer may reduce
303 the salary or benefits of the covered employee or take other
304 appropriate action during the noncompete period, which reduction
305 or other action may not be considered a breach of the covered
306 noncompete agreement.
307
308 Any action regarding a restrictive covenant that does not meet
309 the definition of a covered garden leave agreement or a covered
310 noncompete agreement as provided in this part is governed by s.
311 542.335.
312 Section 3. Section 542.15, Florida Statutes, is amended to
313 read:
314 542.15 Short title.—This part act shall be known and may
315 be cited as the "Florida Antitrust Act of 1980."
316 Section 4. Section 542.16, Florida Statutes, is amended to
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Amendment No. 1
317 read:
318 542.16 Purpose.—The Legislature declares it to be the
319 purpose of this part act to complement the body of federal law
320 prohibiting restraints of trade or commerce in order to foster
321 effective competition. It is the intent of the Legislature that
322 this part act be liberally construed to accomplish its
323 beneficial purpose.
324 Section 5. Section 542.17, Florida Statutes, is amended to
325 read:
326 542.17 Definitions.—Unless a different meaning is clearly
327 indicated by the context, for the purposes of this part chapter,
328 the terms defined in this section have the following meanings
329 ascribed to them:
330 (1) "Commodity" means any goods, merchandise, wares,
331 produce, chose in action, land, article of commerce, or other
332 tangible or intangible property, real, personal, or mixed, for
333 use, consumption, production, enjoyment, or resale.
334 (2) "Service" means any kind of activity performed in
335 whole or in part for economic benefit.
336 (3) "Person" means any individual, corporation, firm,
337 partnership, limited partnership, incorporated or unincorporated
338 association, professional association, or other legal,
339 commercial, or governmental entity, including the State of
340 Florida, its departments, agencies, political subdivisions, and
341 units of government.
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Amendment No. 1
342 (4) "Trade or commerce" means any economic activity of any
343 type whatsoever involving any commodity or service whatsoever.
344 (5) "Document" means any stored or retained data or
345 information in whatever form.
346 (6) "Attorney General" includes not only the Attorney
347 General of Florida but also any designee of the Attorney General
348 or any assistant attorney general or special assistant attorney
349 general.
350 (7) "State attorney" includes not only the state attorneys
351 of Florida but also any designee of a state attorney or any
352 assistant state attorney or special assistant state attorney.
353 (8) "Local government" means a municipality, county,
354 school district, or any other general-function or special-
355 function governmental unit established by the laws of the state.
356 Section 6. Section 542.20, Florida Statutes, is amended to
357 read:
358 542.20 Exemptions.—Any activity or conduct exempt under
359 Florida statutory or common law or exempt from the provisions of
360 the antitrust laws of the United States is exempt from the
361 provisions of this part chapter.
362 Section 7. Subsection (1) of section 542.22, Florida
363 Statutes, is amended to read:
364 542.22 Suits for damages.—
365 (1) Any person who shall be injured in her or his business
366 or property by reason of any violation of s. 542.18 or s. 542.19
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
367 may sue therefor in the circuit courts of this state and shall
368 recover threefold the damages by her or him sustained, and the
369 cost of suit, including a reasonable attorney's fee. The court
370 shall award a reasonable attorney's fee to a defendant
371 prevailing in any action under this part chapter for damages or
372 equitable relief in which the court finds there was a complete
373 absence of a justiciable issue of either law or fact raised by
374 the plaintiff.
375 Section 8. Section 542.23, Florida Statutes, is amended to
376 read:
377 542.23 Equitable remedies.—In addition to other remedies
378 provided by this part chapter, any person shall be entitled to
379 sue for and have injunctive or other equitable relief in the
380 circuit courts of this state against threatened loss or damage
381 by a violation of this part chapter. In any action under this
382 section in which the plaintiff substantially prevails, the court
383 shall award the cost of suit, including a reasonable attorney's
384 fee, to the plaintiff.
385 Section 9. Subsection (4) of section 542.235, Florida
386 Statutes, is amended to read:
387 542.235 Limitations of actions and penalties against local
388 governments and their officials and employees.—
389 (4) No criminal action shall be maintained pursuant to s.
390 542.21(2), and no civil penalties, damages, interest on damages,
391 costs, or attorneys' fees shall be recovered pursuant to s.
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
392 542.21(1) or s. 542.22, against any local government official or
393 employee for official conduct within the scope of her or his
394 lawful authority, unless the official or employee has violated
395 the provisions of this part chapter for the purpose of deriving
396 personal financial or professional gain or for the professional
397 or financial gain of her or his immediate family or of any
398 principal by whom the official is retained.
399 Section 10. Section 542.24, Florida Statutes, is amended
400 to read:
401 542.24 Consent decrees and settlement agreements.—In a
402 civil action maintained under this part chapter by the Attorney
403 General or a state attorney, any party to such action may
404 petition the court for entry of a consent decree or for approval
405 of a settlement agreement. The proposed decree or agreement
406 shall set out the alleged violations, the future obligations of
407 the parties, the damages or other relief agreed upon, and the
408 reasons for entering into the consent decree or settlement
409 agreement.
410 Section 11. Section 542.25, Florida Statutes, is amended
411 to read:
412 542.25 Judgment in favor of state as prima facie
413 evidence.—A final judgment or decree entered in any civil or
414 criminal proceeding brought by the Attorney General or a state
415 attorney under s. 542.21 or s. 542.23 to the effect that a
416 defendant has violated s. 542.18 or s. 542.19, or entered in any
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Amendment No. 1
417 civil or criminal proceeding brought by the United States
418 Department of Justice under comparable federal laws, shall be
419 prima facie evidence against such defendant in any civil action
420 or proceeding under this part chapter brought by any other
421 person against such defendant as to all matters with respect to
422 which such judgment or decree would be an estoppel as between
423 the parties thereto; however, this section does not apply to a
424 consent judgment or decree entered before any testimony has been
425 taken. Nothing contained in this section shall be construed to
426 impose any limitation on the application of collateral estoppel.
427 Section 12. Subsection (2) of section 542.26, Florida
428 Statutes, is amended to read:
429 542.26 Limitation of actions.—
430 (2) Whenever any civil or criminal proceeding is
431 instituted by the Attorney General or a state attorney to
432 prevent, restrain, or punish any violation of this part chapter,
433 the running of the statute of limitations, with respect to every
434 private right of action arising under this part chapter and
435 based in whole or in part on any matter complained of in said
436 proceeding, shall be suspended during the pendency thereof and
437 for 1 year thereafter. Whenever the running of the statute of
438 limitations in respect of a cause of action arising under s.
439 542.22(1) is suspended hereunder, any action to enforce such
440 cause of action shall be forever barred unless commenced either
441 within the period of suspension or within the period of
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
442 limitation.
443 Section 13. Section 542.27, Florida Statutes, is amended
444 to read:
445 542.27 Enforcement authority.—
446 (1) The Attorney General, or a state attorney with written
447 permission from the Attorney General, acting jointly or
448 independently, may commence and try all criminal prosecutions
449 under this part chapter. Criminal prosecutions under this part
450 chapter shall be commenced by indictment. With respect to
451 commencement and trial of such prosecutions, the Attorney
452 General or a state attorney shall have all the powers and duties
453 vested by law with respect to criminal prosecutions generally.
454 Incident to any investigation commenced under this part chapter,
455 the Attorney General may participate in and appear before a
456 grand jury in assistance of any state attorney, irrespective of
457 the provisions of chapter 905.
458 (2) The Attorney General is authorized to institute or
459 intervene in civil proceedings seeking the full range of relief
460 afforded by this part chapter or by federal laws pertaining to
461 antitrust or restraints of trade on behalf of the state, its
462 departments, agencies, and units of government. In addition, the
463 Attorney General, as chief state legal officer, may institute
464 any action authorized under this part chapter, federal laws
465 pertaining to antitrust or restraints of trade, or similar laws
466 of other states on behalf of natural persons in the state.
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Amendment No. 1
467 (3) Whenever the Attorney General, by her or his own
468 inquiry or as a result of a complaint, suspects that a violation
469 of this part chapter or federal laws pertaining to restraints of
470 trade is imminent, occurring, or has occurred, the Attorney
471 General may investigate such suspected violation.
472 Section 14. Paragraph (b) of subsection (2), paragraph (b)
473 of subsection (3), and subsections (5) and (13) of section
474 542.28, Florida Statutes, are amended to read:
475 542.28 Civil investigative demand.—
476 (2) The demand shall:
477 (b) State the nature of the conduct which constitutes the
478 violation of this part chapter or of the federal antitrust laws
479 and which is alleged to have occurred or to be imminent.
480 (3) No such demand shall require the production of any
481 documentary material, the submission of any answers to written
482 interrogatories, or the giving of any oral testimony if such
483 material, answers, or testimony would be protected from
484 disclosure under:
485 (b) The standards applicable to a discovery request under
486 the Florida Rules of Civil Procedure, to the extent that the
487 application of such standards to any such demand is appropriate
488 and consistent with the provisions and purposes of this part
489 chapter.
490 (5) Within 30 days after the service of an investigative
491 demand upon any person or at any time before the return date
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
492 specified therein, whichever period is longer, the person served
493 may file in the circuit court in and for the county in which the
494 person resides or transacts business, and serve upon the
495 Attorney General or state attorney, a petition for an order of
496 the court modifying or setting aside the demand. The time
497 allowed for compliance in whole or in part with the demand as
498 deemed proper and ordered by the court shall not run while the
499 petition is pending before the court. The petition shall specify
500 each ground upon which the petitioner relies in seeking relief
501 and may be based upon the failure of the demand to comply with
502 the provisions of this part chapter or upon any constitutional
503 or other legal right or privilege of such person.
504 (13) Nothing contained in this section shall impair the
505 authority of the Attorney General or state attorney to:
506 (a) Institute a civil proceeding under s. 542.22;
507 (b) Lay before a grand jury of this state evidence
508 concerning a violation of this part chapter;
509 (c) Invoke the power of a court to compel the production
510 of evidence before a grand jury; or
511 (d) File a civil complaint or criminal indictment alleging
512 a violation of this part chapter.
513 Section 15. Section 542.29, Florida Statutes, is amended
514 to read:
515 542.29 Duty of public officers.—In any investigation and
516 in any criminal or civil action commenced pursuant to this part
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Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
517 chapter, it shall be the duty of all public officers and their
518 deputies, assistants, clerks, subordinates, or employees to
519 render and furnish to the Attorney General or a state attorney,
520 when so requested, assistance and all information available in
521 their official capacity.
522 Section 16. Section 542.30, Florida Statutes, is amended
523 to read:
524 542.30 Jurisdiction and venue.—Without regard to the
525 amount in controversy, a suit or proceeding brought under this
526 part chapter shall be brought in the circuit court in and for
527 any county in which the cause of action arose; in which any
528 defendant resides, is found, or has an agent; or in which any
529 act in furtherance of the conduct prohibited by this part
530 chapter occurred.
531 Section 17. Section 542.31, Florida Statutes, is amended
532 to read:
533 542.31 Action not barred as affecting or involving
534 interstate or foreign commerce.—No action under this part
535 chapter shall be barred on the grounds that the activity or
536 conduct complained of in any way affects or involves interstate
537 or foreign commerce. It is the intent of the Legislature to
538 exercise its powers to the fullest extent consistent with the
539 Constitutions of this state and the United States.
540 Section 18. Section 542.32, Florida Statutes, is amended
541 to read:
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Amendment No. 1
542 542.32 Rule of construction and coverage.—It is the intent
543 of the Legislature that, in construing this part chapter, due
544 consideration and great weight be given to the interpretations
545 of the federal courts relating to comparable federal antitrust
546 statutes. In particular, the failure to include in this part
547 chapter the substantive provisions of s. 3 of the Clayton Act,
548 15 U.S.C. s. 14, shall not be deemed in any way to limit the
549 scope of s. 542.18 or s. 542.19.
550 Section 19. Subsection (1) of section 542.33, Florida
551 Statutes, is amended to read:
552 542.33 Contracts in restraint of trade valid.—
553 (1) Notwithstanding other provisions of this part chapter
554 to the contrary, each contract by which any person is restrained
555 from exercising a lawful profession, trade, or business of any
556 kind, as provided by subsections (2) and (3) hereof, is to that
557 extent valid, and all other contracts in restraint of trade are
558 void.
559 Section 20. Section 542.35, Florida Statutes, is amended
560 to read:
561 542.35 Remedies cumulative.—The remedies provided by this
562 part act are cumulative of each other and of existing powers and
563 remedies inherent in the courts.
564 Section 21. Section 542.36, Florida Statutes, is amended
565 to read:
566 542.36 Continuing violations.—Violations commenced prior
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1
567 to October 1, 1980, the effective date of this act and
568 continuing after the effective date shall be actionable as
569 provided in this part chapter. The fact that any conduct
570 occurred prior to October 1, 1980, the effective date of this
571 act shall not affect its relevance in proving that a violation
572 of this part chapter has occurred or is occurring.
573 Section 22. This act shall take effect July 1, 2025.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 1219 (2025)
Amendment No. 1a
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Esposito offered the following:
3
4 Amendment to Amendment (963783) by Representative Koster
5 Remove lines 44-48 of the amendment and insert:
6 (3) “Covered employee” means an employee or an individual
7 contractor who earns or is reasonably expected to earn a salary
8 greater than twice the annual mean wage of the county in Florida
9 in which the employer has its principal place of business, or
10 the county in Florida in which the employee resides if the
11 employer's principal place of business is not in Florida. The
12 term does not include a person classified as a health care
13 practitioner as defined in s. 456.001(4).
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CS/CS/HB 1397
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 1397 COMPANION BILL: CS/SB 1662 (Collins)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): Abbott, Bankson RELATED BILLS: None
Committee References
Economic Infrastructure Transportation & Economic Commerce
14 Y, 0 N, As CS Development Budget
10 Y, 4 N, As CS
SUMMARY
Effect of the Bill:
The bill addresses several matters related to the Florida Department of Transportation (FDOT) and state
transportation policy, including:
Organization, duties, and powers of FDOT and the Florida Transportation Commission.
Seaport project funding, planning, and reporting.
Development of advanced air mobility.
Spaceport project funding.
Use of airport property during a state of emergency.
Airport project funding and commercial airport requirements.
Transportation workforce development.
Contracting for transportation projects.
Funding for certain small county support programs.
Governance and duties of the Jacksonville Transportation Authority.
Fiscal or Economic Impact:
The bill authorizes, but does not necessarily require, additional funding within the FDOT Work Program for certain
infrastructure projects related to spaceports, airports, and seaports; and the bill also adjusts the maximum and
minimum funding levels for certain county programs. Any adjustments in spending will not have an overall
increase in state expenditures as these activities are funded within the confines of the Work Program as
appropriated by the Legislature. The workforce development requirements in the bill will have an indeterminate
fiscal impact, but the department can absorb these costs within existing resources.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill addresses several matters related to the Florida Department of Transportation (FDOT) and state
transportation policy.
Organization of FDOT
The bill provides that the three assistant secretaries currently appointed by the FDOT Secretary shall serve under
the titles of Chief Operations Officer, Chief Finance and Administration Officer, and Chief Strategic Development
Officer. The bill also provides that the FDOT Secretary may appoint an Executive Director of Transportation
Technology. Under the bill, each of these positions maintain Senior Management Status and are exempt from
career service under s. 110.205(2), F.S.
STORAGE NAME: h1397c.COM
DATE: 4/12/2025
1
The bill expands the areas of program responsibility for which the FDOT Secretary may appoint deputy assistant
secretaries or directors to include “operational technology.” The bill renames the “modal development” area as
“supply chain and modal development” and renames the “information systems” area as “information technology.”
(Section 1)
FDOT Powers and Duties
The bill adds the following to DOT’s power and duties:
Purchasing, leasing, or acquiring promotional items as part of public information and education campaigns
that promote environmental management, workforce development, or “context classification.”
Entering into contracts for insurance that FDOT is contractually and legally obligated to provide directly
from local, national, or international insurance companies.
Purchasing, leasing, or acquiring heavy equipment and motor vehicles for roadway operations and
emergency response purposes without the need to remove or cease operation of any existing FDOT fleet
motor vehicles or heavy equipment.
Adopting rules to comply with requirements of 49 C.F.R. part 26 and applicable federal law, which
addresses participation by disadvantaged business enterprises in financial assistance programs under the
U.S. Department of Transportation. (Section 14)
The bill eliminates FDOT’s power and duty to:
Purchase, lease, or acquire promotional items as part of public information and education campaigns that
promote alternatives to single-occupant vehicle travel, electric vehicle (EV) use and charging stations,
autonomous vehicles, and design for EVs. (Section 14)
Florida Transportation Commission
The bill provides that at least three members of the nine-member Florida Transportation Commission (FTC) shall
represent or have expertise in higher education, transportation, or workforce development. The bill eliminates
requirements that each FTC member must be a registered voter and citizen of Florida and possess private sector
business managerial experience. The bill removes the prohibition on FTC members having any interest in any
contract, franchise, privilege, or other benefit granted or awarded by FDOT and replaces this prohibition with a
requirement that each FTC member must follow the standards of conduct for public officers provided in s. 112.313,
F.S.
The bill expands FTC’s duties to include monitoring the efficiency, productivity, and management of any transit
entity that is a recipient of funding from FDOT’s public transit block grant program under s. 341.052, F.S. (Section
1)
Transportation Research and Innovation
The bill creates the Florida Transportation Research Institute (Institute) as a consortium of higher education
professionals to “drive cutting-edge research, innovation, transformational technologies, and breakthrough
solutions and to support workforce development efforts that contribute to the state's transportation system.
The bill provides that the Institute shall include membership from the University of Florida, Indian River State
College, the University of Central Florida, and Florida International University. The bill requires FDOT to select a
representative from one of these entities to serve as the Institute’s administrative lead. The bill also requires FDOT
to coordinate with these entities to adopt and approve policies establishing the Institute's executive committee and
mission statement.
The bill requires the Institute to report to FDOT and requires the FDOT Secretary to appoint a member of FDOT to
serve as the Institute’s executive director. The bill requires FDOT to assess the performance of the administrative
lead periodically to ensure accountability and assess the attainment of performance expectations. The bill does not
specify how these performance expectations will be set.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill authorizes the Institute to award grants consistent with its mission. Grants may be directed to member and
nonmember institutions that have a proven expertise relevant to the grant, including not-for-profit organizations
and institutions of higher education. The bill authorizes the Institute to expend state funds as allocated by FDOT
from the State Transportation Trust Fund (STTF) for the Institute's operations and programs.
The bill requires the Institute to submit an annual report to the FDOT Secretary’s office and to the FTC containing
performance metrics, including, but not limited to, expenditures of appropriated funds allocated by FDOT, ongoing
and proposed research efforts, and the application and success of past research efforts. (Section 1)
Transportation Administration
The bill authorizes authorities created by the state, counties, municipalities, or political subdivisions to conduct
business; to operate, manage, and control facilities; and to provide services beyond the geographical boundaries of
such counties, municipalities, or political subdivisions that originally chartered such authority upon entering into
an interlocal agreement with the governing body of the affected county, municipality, or political subdivision.
(Section 16)
The bill provides that a county or municipality may not adopt a rule or regulation that prohibits or requires a
permit for a public sewer transmission line that is within a public right-of-way as part of a septic-to-sewer
conversion project in which the FDOT and the Department of Environmental Protection or its designee have
previously issued a permit. (Section 24)
Florida Seaport Transportation and Economic Development
The bill adds that the following port facilities or port transportation projects are eligible for funding under the
Florida Seaport Transportation and Economic Development Program (FSTED):
Spaceport or space-related planning or construction of facilities on seaport property which is necessary or
useful to advance the space industry in this state when the project provides economic benefit to the
community.
Commercial shipbuilding and manufacturing facilities when such project provides economic benefit to the
community. (Section 2)
Under the bill, the FSTED Council is directed to support the growth of the seaports of Florida through the review,
development, and financing of port transportation and port facilities. (Section 3)
The bill directs the FSTED Council to include in the council’s 5-year Florida Seaport Mission Plan specific
recommendations for the construction of transportation facilities connecting any port to the space and aerospace
industries. (Section 3)
Each port member of the FSTED Council is required by the bill to submit semiannual reports to FDOT relating to
seaport operations and their support of this state's economic competitiveness and supply chain. Each of these
reports must include information prescribed by FDOT and the Department of Commerce, including, but not limited
to:
Bulk break capacity,
Liquid storage and capacity,
Fuel storage and capacity,
Container capacity, and
Supply chain disruptions (Section 3)
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3
Airport Operations and Funding
Private Airports of Public Interest
The bill defines a “private airport of public interest” as a private airport serving any of the following operations: air
ambulance operation,1 commercial air tour operation,2 commuter operation,3 on-demand operation,4 public charter
operation,5 scheduled operation,6 or supplemental operation.7 The bill requires a private airport of public interest
to obtain a certificate from FDOT before allowing aircraft operations. FDOT may issue a certificate if FDOT finds
after a final inspection that the airport is in compliance with all requirements for a certificate. The certificate may
be subject to any reasonable conditions FDOT deems necessary to protect the public health, safety, or welfare.
A private airport that was engaged in operations associated with a private airport of public interest on or before
July 1, 2025, may continue its operations but must obtain a certificate from FDOT before July 1, 2030. A certificate
issued to a private airport of public interest expires five years after its effective date. (Sections 5 and 6).
Advanced Air Mobility
The bill requires FDOT, within the resources provided in ch. 216, F.S, to carry out specific tasks related to the
adoption of advanced air mobility (AAM) as a new mode of transportation. Specifically, the bill requires DOT to:
Address the need for vertiports, AAM, and other advances in aviation technology in the statewide aviation
plan and, as appropriate, in FDOT’s work program.
Designate a subject matter expert on AAM within FDOT to serve as a resource for local jurisdictions
navigating advances in aviation technology.
Conduct a review of airport hazard zone regulations.
Work with the Department of Commerce to provide coordination and assistance for the development of a
viable AAM system in the state and incorporate these plans in the statewide aviation system plan to
develop and identify the statewide corridors of need and opportunities for growth of the industry. (Section
13)
The bill modifies the existing definitions of “aircraft” and “airport” and defines new terms8 to account for the
operations and infrastructure associated with AAM. The bill modifies the definition of “aircraft” to specifically
include an airplane, autogyro, glider, gyrodyne, helicopter, lift and cruise, multicopter, paramotor, powered lift,
seaplane, tiltrotor, ultralight, or vectored thrust. The bill modifies the definition of “airport” to specifically include
an airpark, airport, gliderport, heliport, helistop, seaplane base, ultralight flightpark, vertiport, or vertistop.
(Section 5)
Florida Airport Development and Accountability Act
1 The bill defines “air ambulance operation” as a flight with a patient or medical personnel on board for the purpose of medical
transportation.
2 The bill defines “commercial air tour operation” as a flight conducted for compensation or hire in an aircraft when the
purpose of the flight is sightseeing.
3 The bill defines “commuter operation” as any scheduled operation conducted by a person operating an aircraft with a
frequency of operations of at least five round trips per week on at least one route between two or more points according to the
published flight schedule.
4 The bill defines “on-demand operation” as any scheduled passenger-carrying operation for compensation or hire conducted
by a person operating an aircraft with a frequency of operations of fewer than five round trips per week on at least one route
between two or more points according to the published flight schedule.
5 The bill defines “public charter operation” as a one-way or round-trip charter flight performed by one or more direct air
carriers which is arranged and sponsored by a charter operator.
6 The bill defines “scheduled operation” as any common carriage passenger-carrying operation for compensation or hire
conducted by an air carrier or commercial operator for which the certificateholder or its representative offers in advance the
departure location, departure time, and arrival location.
7 The bill defines “supplemental operation” as any common carriage operation for compensation or hire conducted with an
aircraft for which the departure time, departure location, and arrival location are specifically negotiated with the customer or
customer's representative.
8 See supra, notes 1-7.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The bill renames the Florida Airport Development and Assistance Act as the Florida Airport Development and
Accountability Act (the Act). (Section 8)
Use of Airport Property During State of Emergency
As an exception to provisions of the Act that specifically prohibit FDOT from participating in or exercising control
in the management and operation of a sponsor's airport, the bill requires that an airport must provide FDOT, at no
cost, the opportunity to use any property not within the air navigation facility9 for the staging of equipment and
personnel to support emergency preparedness and response operations during a declared state of emergency
issued by the Governor in response to a natural disaster. (Section 9)
FDOT Duties
The bill expands FDOT’s duties under the Act to include developing, promoting, and distributing supporting
information and education services, including, but not limited to, educational services which focus on the aviation
industry workforce’s retention and growth. (Section 10)
Administration and Funding of Airport Programs and Projects
The bill requires each airport to submit annually to FDOT a comprehensive maintenance10 program report. At a
minimum, the report must include:
A schedule of inspections.
The locations being inspected.
Any probable cause for such inspection.
A list of the airport’s required needs.
Any remedial actions to be taken.
Any required follow-up inspections and maintenance.
The bill also requires airports to retain all records of materials and equipment used for the airport’s maintenance
and repair work.
The bill allows FDOT to withhold state funds from any of the airport’s capital expansion projects if it determines
that, based on the annual comprehensive maintenance program, there is evidence an airport has failed to perform
routine maintenance. The bill allows FDOT to withhold such funds until the airport corrects any deficiencies.
(Section 11)
The bill also adds the following project priorities for FDOT funding:
Terminal and parking expansion projects that increase the capacity of airports that provide commercial
service in counties with a population of 500,000 or less.
Projects that improve the safe and efficient operation of Florida airports.
Emerging technology, workforce development projects, and projects that benefit the strategic intermodal
system through intermodal connectivity.
The bill makes the following programs eligible to receive FDOT funding:
Projects performed by postsecondary education institutions which support the training of pilots, air traffic
control personnel, or aircraft maintenance technical personnel.
Programs that support the transition of honorably discharged military personnel to the aviation industry.11
Capital improvement programs that strategically position the state to maximize tourism opportunities.
9 An “air navigation facility” is any facility used in, available for use in, or designed for use in, aid of air navigation. Air
navigation facilities include airports, restricted landing areas, and any structures, mechanisms, lights, beacons, marks,
communicating systems, or other instrumentalities or devices used or useful as an aid, or constituting an advantage or
convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an
airport, or restricted landing area, and any combination of any or all of such facilities. S. 332.01(4), F.S.
10 For purposes of this section, the bill provides that "maintenance" includes any preventive and regular or recurring work that
is necessary to preserve the airport infrastructure in good condition.
11 The bill provides that FDOT may match funds provided by the Department of Commerce for such programs.
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5
Commercial Service Airports
The bill expands existing commercial service airport reporting requirements to include nonhub airports, as
classified by the Federal Aviation Administration.12 Based on data for 2023, Florida’s nonhub commercial service
airports include Daytona Beach International Airport, Gainesville Regional Airport, Melbourne International
Airport, Tallahassee International Airport, and Vero Beach Regional Airport.13
The bill provides that information relating to the operation of a commercial service airport which must be posted
on a website maintained by an airport’s governing body14 must remain on the website for 5 years or for as long as
the information is actively in use by the entity. The bill expands the information that must be posted by a
commercial service airport on its website to include copies of the airport’s current Airport Master Plan and the
immediately preceding Airport Master Plan. The bill requires that information related to employee positions and
pay rates must be updated quarterly on the website.
The bill also expands the type of information that a commercial service airport must provide to FDOT each year to
include the most recent copy of the airport’s strategic plan or plans and contracts related to financial awards
received through federally funded grant programs for the preceding year.
The bill also requires commercial service airports to notify FDOT:
Within 48 hours after receiving a communication or directive from a federal agency with respect to
accommodating public health testing or the transfer of unauthorized aliens into the state.
As soon as reasonably possible, but no later than 48 hours after discovery, of incidents including, but not
limited to, those related to the safety of the public when traveling, potential breaches or security risks
associated with cybersecurity, or other issues of statewide concern as defined by FDOT.
Spaceport Infrastructure Investment
The bill expands DOT’s ability to fund spaceport discretionary capacity improvement projects by requiring projects
to meet only one, rather than all, of the existing criteria for funding, which include:
Important access and on-spaceport-territory space transportation capacity improvements are provided.
Capital improvements that strategically position the state to maximize opportunities in international trade
are achieved.
Goals of an integrated intermodal transportation system for the state are achieved.
Feasibility and availability of matching funds through federal, local, or private partners are demonstrated.
The bill authorizes FDOT, in consultation with Department of Commerce and the Department of Environmental
Protection to fund wastewater projects, stormwater projects, water capacity projects, or projects associated with
critical infrastructure facilities as defined in s. 692.201, F.S., within or outside the jurisdictional boundary of a
spaceport territory. The project must support aerospace or launch support facilities within an adjacent spaceport
territory boundary. The named departments must coordinate to maximize and optimize available funding for such
projects. (Section 7)
12 A commercial service airport is classified as a “nonhub” airport if it receives less than 0.05 percent but more than 10,000 of
the annual U.S. commercial enplanements. See Federal Aviation administration, Airport Categories,
https://www.faa.gov/airports/planning_capacity/categories (last visited Mar. 22, 2025).
13 Federal Aviation Administration, CY 2023 Enplanements at All Commercial Service Airports,
https://www.faa.gov/airports/planning_capacity/passenger_allcargo_stats/passenger/cy23_commercial_service_enplanemen
ts (last visited Mar. 22, 2025).
14 The term “governing body” means the governing body of the county, municipality, or special district that operates a
commercial service airport. S. 332.075(1)(d), F.S. The bill provides that this term includes an appointed board or oversight
entity serving as the governing body on behalf of the county, municipality, or special district.
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6
Noncompliance with Uniform System of Traffic Control Devices
The bill expands FDOT’s power to enforce compliance by public agencies with FDOT’s adopted uniform system of
traffic control devices. Currently, state funds for traffic control purposes may be withheld if a public body or official
is found to have installed a noncompliant traffic control device after the public agency has already been directed to
remove a noncompliant device or bring it into compliance. The bill provides that any state funds may be withheld
in this situation until the public body or official demonstrates to FDOT that it is in compliance. (Section 4)
Access to and Use of the State Highway System
The bill provides that FDOT may modify or revoke an access permit for connection of a street, driveway, or other
facility to the state highway system if the connection would jeopardize the safety of the public or have a negative
impact on the operational characteristics of the highway. (Section 19)
The bill modifies the definition of “significant change” for purposes of establishing whether FDOT may require a
permit for such a change to a previously unpermitted connection to the State Highway System, require
modification of the connection, or modify or revoke an existing access permit. The modified definition includes
development of the land or an expansion of the size of the property. The bill also creates a definition for the term
“modification of a connection” as the “relocation, alteration, or closure of a connection.” (Section 18)
The bill prohibits camping on any portion of the right-of-way of the State Highway System but provides an
exception for persons actively navigating the Florida National Scenic Trail and who have obtained the associated
permits. (Section 25)
Surety Bonds for Construction or Maintenance Contracts
The bill authorizes FDOT to require, at the discretion of the FDOT Secretary, that the amount of a surety bond or
bonds for construction or maintenance contracts be less than the awarded contract price. Otherwise, the law
requires that a successful bidder for a construction or maintenance contract is required to provide a surety bond in
an amount equal to the awarded contract price, which may be split into incremental annual contract bonds for
multiyear maintenance contracts or into multiple contract or payment bonds in succession that align with each
phases of a phased design-build contract.15 (Section 22)
Small County Funding Assistance
The bill increases the maximum annual funding amount for the Small County Road Assistance Program from $25
million to $50 million beginning in Fiscal Year 2025-2026. The bill provides that the minimum annual funding
amount for the Small County Outreach Program is $50 million beginning in Fiscal Year 2025-2026. Funding for
both programs comes from the State Transportation Trust Fund (STTF). (Sections 27 and 28)
Strategic Intermodal System
The bill authorizes FDOT to make funds available each year, from existing work program revenues, that meet the
public purpose of providing increased capacity and enhanced capabilities to move and store transportation
infrastructure-related materials. The bill removes an existing requirement that FDOT make up to $20 million
available annually for such purposes (as well as for the purpose of moving and storing construction aggregate, as
provided in current law), instead providing that FDOT may make up to $20 million available for these purposes.
The bill makes this authority permanent. Applicants eligible for this type of project funding are seaports listed in s.
311.09, F.S., and rail lines and rail facilities.16 (Section 30)
The bill provides that funds allocated to a project that qualifies for the New Starts Transit Program in the current
fiscal year must be reallocated for the purpose of the Strategic Intermodal System for the next fiscal year if the
transit project will not be ready for production by June 30. The bill removes a provision of current law which
15 S. 337.18, F.S.
16 S. 339.651(3), F.S.
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7
provides that unallocated funds for the New Starts Transit Program remaining as of June 30, 2024, must be
reallocated for the purpose of the Strategic Intermodal System, with an expiration of June 30, 2026. (Section 31)
Jacksonville Transportation Authority (JTA)
The bill modifies the seven-member governing board of JTA as follows:
Eliminates the FDOT District 2 Secretary from the board.
Increases the number of Governor’s appointments from three to four, and provides that, of these four
members, one must be a City of Jacksonville resident and the remaining three must be residents of Clay
County, Duval County, or St. Johns County.
Provides that the three members appointed by the mayor of the City of Jacksonville must be residents and
qualified electors of Duval County.
The bill requires JTA to follow FDOT’s small business program and establish protocols and systems in accordance
with the statewide travel management system developed by the Department of Management Services (DMS), the
publication of employee salary and pay information on a DMS-maintained website, and the publication of certain
contract information on a website maintained by the state’s Chief Financial Officer.
Florida Transportation Academy
The bill creates the Florida Transportation Academy in order to prioritize the continued need for transportation
industry workforce development programs. The bill directs FDOT to work with state agencies, industry
organizations, and private sector businesses to support, promote, and sustain workforce development efforts of
the transportation sector.
Under the bill, FDOT may coordinate with all of the following entities:
The Department of Corrections to identify and create certification and training opportunities for nonviolent
inmates and create a process to allow the Department of Corrections to notify FDOT when a nonviolent
inmate who is seeking employment has received a scheduled release date.
The Department of Juvenile Justice and its educational partners to create certification and training
opportunities for eligible youth.
Veterans' organizations to encourage honorably discharged veterans to pursue opportunities within the
transportation industry, including, but not limited to, employment as pilots, mechanics, and air traffic
controllers.
The Department of Commerce, CareerSource Florida, and regional business communities, within and
outside of the transportation industry, to further understand recruitment and retention needs and job-
seeker pipelines.
The American Council of Engineering Companies and the Florida Transportation Builders Association to
optimize workforce recruitment and retention and assess the future needs of the transportation industry
and this state. (Section 17)
Prioritization of Small Businesses
The bill refocuses FDOT’s priorities on small businesses by consistently replacing language throughout the Florida
Transportation Code related to minority, socially and economically disadvantaged, and woman-owned business
enterprises with language favoring small businesses. (Sections 15, 21, 23, 26, 29, and 32)
The bill requires FDOT to adopt rules to comply with requirements of 49 C.F.R. part 26 and applicable federal law,
which addresses participation by disadvantaged business enterprises in financial assistance programs under the
U.S. Department of Transportation. (Section 14)
With regard to FDOT’s authority to implement a business development program, the bill adjusts the definition for
“small business” to include businesses with yearly average gross receipts of less than $25 million for road and
bridge contracts and less than $10 million for professional and nonprofessional services contracts. (Section 21)
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8
The bill repeals sections of current law related to:
Participation by women, minorities, and socially and economically disadvantaged business enterprises in
the design, development, construction, maintenance, and operation of spaceports;
FDOT notice requirements for socially and economically disadvantaged business enterprises;
Penalties for individuals that fraudulently represents an entity as a socially and economically
disadvantaged business enterprise for purposes of qualifying for certification as such an enterprise under a
program of FDOT designed to assist socially and economically disadvantaged business enterprises in the
receipt of contracts with FDOT;
FDOT developing and implementing activities to encourage the participation of disadvantaged business
enterprises in the contracting process; and
Providing contracting opportunities and financial assistance to certified disadvantaged business
enterprises to remedy the effects of past economic disparity. (Section 34)
Repeals
The bill repeals provisions of current law related to high-occupancy-vehicle (HOV) lanes and obsolete provisions
related to the development of an electric vehicle charging stations master plan. (Section 34)
The bill updates cross references and makes conforming changes to reflect the provisions of the bill. (Sections 35,
36, 37, 38, 39, and 40)
The bill has an effective date of July 1, 2025. (Section 41)
RULEMAKING:
The bill authorizes FDOT to adopt rules to comply with the requirements of 49 C.F.R. part 26 and applicable federal
law.
The bill modifies provisions related to surety bond requirements which FDOT has existing rulemaking authority to
implement under s. 337,18(1), F.S.
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 authorizes, but does not necessarily require, additional funding within the Work Program. The bill uses
permissive language allowing FDOT to fund certain infrastructure projects, including capacity projects, related to
spaceports, airports, and seaports; workforce development; and also adjusts the maximum amount of funding for
the Small County Road Assistance Program and the minimum amount of funding for the Small County Outreach
Program. Such projects or programs are funded within the confines of the Work Program and will not have an
increased impact on state expenditures. Funding for the Work Program is established in the annual General
Appropriations Act on a nonrecurring basis by the Legislature and these appropriations are tied to available
revenues. The bill also specifically requires FDOT to use current resources to carry out tasks related to the
adoption of advanced air mobility as a new mode of transportation, and provide education services related to the
growth of the aviation industry workforce.
The bill requires FDOT to appoint a department employee to be executive director of the Florida Transportation
Research Institute created in the bill, and gives the institute the ability to award grants from the State
Transportation Trust Fund. The bill specifies that state funding is allocated by the department to the institute. The
impact of this provision is indeterminate, but because there is no appropriation in the bill, and to the extent such
grants are awarded, funding will come from Work Program or other existing department operational resources.
The bill additionally creates and requires FDOT to coordinate the Florida Transportation Academy to prioritize the
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
continued need for transportation industry workforce development programs. Similarly, the fiscal impact of this
provision is indeterminate but is expected to be absorbed within existing department resources.
The FDOT has not provided a fiscal impact or policy analysis for this bill.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
FDOT’s mission is to provide a safe statewide transportation system that promotes the efficient movement of
people and goods, supports the state’s economic competitiveness, prioritizes Florida’s environment and natural
resources, and preserves the quality of life and connectedness of the state’s communities.17
Organization of FDOT
The Secretary of FDOT is appointed by the Governor and subject to confirmation by the Senate. The Secretary may
appoint up to three assistant secretaries.18 Currently, these three assistant secretaries are the Assistant Secretary
for Engineering and Operations, the Assistant Secretary for Finance and Administration, and the Assistant
Secretary for Strategic Development.19
The Secretary may appoint positions at the level of deputy assistant secretary or director which the Secretary
deems necessary to accomplish FDOT’s mission and goals, including, but not limited to, specified areas of program
responsibility.20 The Secretary may combine, separate, or delete these offices as needed in consultation with the
Executive Office of the Governor.21
Florida Transportation Commission
The FTC was created in 1987 to serve as an oversight board for FDOT. This oversight also includes Florida's
expressway authorities and regional transportation authorities. In addition, its primary functions include
reviewing major transportation policy initiatives or revisions and recommending major transportation policy to
the Governor and Legislature.22
The FTC is assigned to FDOT for administrative and fiscal purposes, but functions independently of the control and
direction of FDOT.23
The FTC is composed of nine Commissioners appointed by the Governor and confirmed by the Florida Senate for
four-year terms. Members must be appointed in a manner that equitably represents all geographic areas of the
state. Each member must be a registered voter and a citizen of the state and must possess business managerial
experience in the private sector.24 Members may not have any interest, direct or indirect, in any contract, franchise,
privilege, or other benefit granted or awarded by FDOT during the term of his or her appointment and for two
years after the termination of such appointment.25
Standard of Conduct for Public Officers
17 FDOT, About DOT, https://www.fdot.gov/agencyresources/aboutfdot.shtm (last visited Mar. 23, 2025).
18 S. 20.23(1), F.S.
19 FDOT, Meet the Secretary and Executive Team, https://www.fdot.gov/info/moredot/mission.shtm (last visited Mar. 23,
2025).
20 These areas of program responsibility are listed in s. 20.23(3)(b), F.S.
21 s. 20.23(3)(b), F.S.
22 Florida Transportation Commission, About Us, http://www.ftc.state.fl.us/aboutus.shtm (last visited Mar. 23, 2025).
23 S. 20.23(2), F.S.
24 Id.
25 Id.
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10
Part III of chapter 112, F.S., establishes a code of ethics for public officers and employees. Generally, this code
prohibits public officers from soliciting or accepting anything of value to influence a vote or official action, using
their official position to secure a special benefit, disclosing or using non-public information for personal benefit,
soliciting gifts from lobbyists, and soliciting an honorarium from anyone or accepting an honorarium from a
lobbyist. This code also establishes restrictions on public officers from doing business with one’s own agency,
having outside employment or contractual relationships that conflict with public duties, representing any party
before one’s agency for compensation for a specified time after leaving office, and employing relatives in the
agency. Finally, this code requires that public officers to disclose voting conflicts when a vote would result in a
special private gain or loss, file quarterly reports for certain gifts, file quarterly reports for receipt of honorarium
related expenses from lobbyists, and disclose certain financial interests.26
Transportation Administration
Section 337.401, F.S., provides FDOT or a local government may grant to any person who is a resident of this state,
or to any corporation which is organized under the laws of this state or licensed to do business within this state,
the use of a right-of-way for a utility in accordance with such rules or regulations as FDOT or a local government
may adopt. A utility may not be installed, located, or relocated unless authorized by a written permit issued by the
authority. However, for public roads or publicly owned rail corridors under the jurisdiction of FDOT, a utility
relocation schedule and relocation agreement may be executed in lieu of a written permit.
Florida Seaport Transportation and Economic Development Program and Council
Section 311.07, F.S, creates the Florida Seaport Transportation and Economic Development (FSTED) Program
within FDOT to finance port transportation or port facilities projects that will improve the movement and
intermodal transportation of cargo or passengers in commerce and trade and support the interests, purposes, and
requirements of each of the ports of Jacksonville, Port Canaveral, Port Citrus, Fort Pierce, Palm Beach, Port
Everglades, Miami, Port Manatee, St. Petersburg, Putnam County, Tampa, Port St. Joe, Panama City, Pensacola, Key
West, and Fernandina.27
The FSTED Council28 staff, the FDOT, and the Florida Department of Commerce work in cooperation to review
projects and allocate funds such that approved projects may be included in the annual development of the FDOT’s
tentative work program.29 Generally, FSTED Program funds must be used to fund approved projects on a 50-50
matching basis with the specified ports. However, projects that involve rehabilitation of wharves, docks, berths,
bulkheads, or similar structures require only a 25 percent match.30
Projects eligible for FSTED grant funding are limited to the following port facilities or port transportation
projects:31
Transportation facilities within the jurisdiction of the port.
Dredging or deepening of channels, turning basins, or harbors.
Construction or rehabilitation of wharves, docks, structures, jetties, piers, storage facilities, cruise
terminals, automated people mover systems, or any facilities necessary or useful in connection with any of
the foregoing.
26 For a more thorough discussion of the Florida Code of Ethics for public officers and employees, see Florida Commission on
Ethics, Guide to the Sunshine Amendment and Code Of Ethics for Public Officers and Employees,
https://ethics.state.fl.us/Documents/Publications/GuideBookletInternet.pdf (last visited Mar. 23, 2025).
27
S. 311.09(1), F.S.
28
The FSTED Council consists of the port directors (or their designees), the FDOT secretary or designee, and the Florida Department
of Commerce secretary or designee. S. 311.09(1), F.S.
29
S. 311.07(2), F.S. Essentially, as the first year of the annually-adopted five-year work program is completed, the second year
becomes the first year of the next adopted five-year work program, and a new fifth year is added based on projects in the tentative
work program, which is the 5-year listing of all transportation projects planned for each fiscal year, developed by the FDOT central
office based on the district work programs. S. 339.135, F.S.
30
S. 311.07(3), F.S.
31 S. 311.07(3)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
Acquisition of vessel tracking systems, container cranes, or other mechanized equipment used in the
movement of cargo or passengers in international commerce.
Acquisition of land to be used for port purposes.
Acquisition, improvement, enlargement, or extension of existing port facilities.
Environmental protection projects which are necessary because of requirements imposed by a state agency
as a condition of a permit or other form of state approval; which are necessary for environmental
mitigation required as a condition of a state, federal, or local environmental permit; which are necessary
for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or which
result from the funding of eligible projects listed in this paragraph.
Transportation facilities32 which are not otherwise part of the FDOT’s adopted work program.
Intermodal access projects.
Construction or rehabilitation of port facilities,33 excluding any park or recreational facilities, with
operating revenues of $5 million or less, provided that such projects create economic development
opportunities, capital improvements, and positive financial returns to such ports.
Seaport master plan or strategic plan development or updates, including the purchase of data to support
such plans.
A minimum of $25 million annually must be made available from the State Transportation Trust Fund within the
FDOT to fund the FSTED Program,34 and the FDOT is required to include at least $25 million in its annual legislative
budget request for the program.35
The FSTED Council is a public entity created by statute and charged with carrying out the state’s economic
development mission through implementation of seaport capital improvement projects at the local level. The
FSTED Council consists of the port directors of the 16 publicly owned seaports (or his/her designees), the FDOT
secretary or designee, and the Florida Department of Commerce secretary or designee.36
Under current law, the FSTED Council is required to prepare a 5-year Florida Seaport Mission Plan defining the
goals and objectives of the council concerning the development of port facilities and an intermodal transportation
system consistent with the goals of the Florida Transportation Plan.37
32
Meaning any means for the transportation of people or property from place to place which is constructed, operated, or maintained in
whole or in part from public funds. The term includes the property or property rights, both real and personal, which have been or may
be established by public bodies for the transportation of people or property from place to place. S. 334.03(30), F.S.
33 Defined to mean harbor, shipping, and port facilities, and improvements of every kind, nature, and description, including, but
without limitation, channels, turning basins, jetties, breakwaters, public landings, wharves, docks, markets, parks, recreational
facilities, structures, buildings, piers, storage facilities, including facilities that may be used for warehouse, storage, and distribution of
cargo transported or to be transported through an airport or port facility, specified security measures, public buildings and plazas,
anchorages, utilities, bridges, tunnels, roads, causeways, and any and all property and facilities necessary or useful in connection with
the foregoing, and any one or more or any combination thereof and any extension, addition, betterment, or improvement of any
thereof. S.315.02(6), F.S.
34
S. 311.07(2), F.S. These funds are in addition to the annual appropriation of $15M in license tag fees to the FSTED Program
required under s. 320.20, F.S., and in addition to any amounts not used for the payment of bonds from the annual $10 million to be
used for any seaport project identified in the FDOT’s adopted work program, known as the Seaport Investment Program, per section
339.0801(1)(f), F.S. The latter funding began in 2013-2014 and is currently required for 30 years thereafter.
35
S. 311.09(9), F.S.
36 S. 311.09(1), F.S.
37 S. 311.09(3), F.S.
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12
Certification of Airports
Under Florida law, an owner or lessee of a proposed airport must, before site acquisition or construction or
establishment of the proposed airport, obtain approval of the airport site from FDOT. Applications for approval of a
site are made in a form and manner prescribed by FDOT.38
If the airport is public, then site approval must be granted after a favorable FDOT inspection of the proposed site.39
If the airport is a private entity, then no inspection of the proposed site is required in order to receive approval.40
Site approval may be granted subject to any reasonable conditions FDOT deems necessary to protect the public
health, safety, or welfare.41
Approval as a public airport or a private airport must remain valid for 2 years after the date of issue unless
revoked by FDOT or unless a public airport license is issued or a private airport registration is completed before
the expiration date.42
FDOT must issue a license for a public airport if such airport was granted site approval and passes a final airport
inspection by FDOT that determines if the airport is in compliance with all requirements for the license. The license
may be subject to any reasonable conditions FDOT deems necessary to protect the public health, safety, or
welfare.43
FDOT must issue a license for a private airport if such airport was granted site approval and completes the
registration process. Registration must be completed upon self-certification by the registrant of operational and
configuration data deemed necessary by FDOT.44
Advanced Air Mobility
Advanced Air Mobility (AAM) is an umbrella term for aircraft that are typically highly automated, electrically
powered, and have vertical take-off and landing capability. Many of these aircraft fall into the powered-lift category
and are often referred to as air taxis. As powered-lift aircraft, they have characteristics of both airplanes and
helicopters. Their vertical take-off and landing capabilities and low speed flight are similar to a helicopter, while
they fly using a wing during cruise flight similar to an airplane. AAM aircraft could be used to transport cargo and
passengers, help with firefighting, and provide search and rescue operations.45
Florida Airport Development and Assistance Act
The Florida Airport Development and Assistance Act sets forth a number of duties and responsibilities of the FDOT,
including, but not limited to:
Providing coordination and assistance for the development of a viable aviation system.
Advising and assisting the Governor in all aviation matters.
Providing financial and technical assistance to public agencies operating public-use airports46 by making
resources available on a cost-reimbursement basis to such agencies for special needs of limited duration.
Participating in research and development programs relating to airports.
Administering FDOT’s participation in the program of aviation and airport grants.
Developing, promoting, and distributing supporting information and education services.
Encouraging the maximum allocation of federal funds to local airports in the state.
38 S. 330.30(1)(a), F.S.
39 S. 330.30(1)(b), F.S.
40 S. 330.30(1)(c), F.S.
41 S. 330.30(1)(f), F.S.
42 S. 330.30(1)(g), F.S.
43 S. 330.30(2)(a), F.S.
44 Id.
45 FAA, Advanced Air Mobility | Air Taxis, https://www.faa.gov/air-taxis (last visited Mar. 23, 2025).
46 Section 332.004(14), F.S., defines the term “public-use airport” as any publicly owned airport which is used or to be used for
public purposes.
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13
Administration and Funding of Airport Programs and Projects
Current law requires FDOT to continuously update an aviation and airport work program based on a collection of
local sponsors’47 proposed projects to be included in FDOT’s work program. The airport work program must
separately identify “development projects”48 and “discretionary capacity improvement projects.”49 The aviation
and airport work program must be consistent with the statewide aviation system plan50 and, to the maximum
extent feasible, with approved local government comprehensive plans. Projects involving funds administered by
FDOT to be undertaken and implemented by the airport sponsor must be included in the aviation and airport work
program, and assistance may only be provided for projects which are so included.51
The annual legislative budget request for aviation and airport development projects must be based on the funding
required for development projects in the aviation and airport work program. FDOT must provide priority funding
in support of the planning, design, and construction of proposed projects by local sponsors, with special emphasis
on projects for runways and taxiways, including the painting and marking of runways and taxiways, lighting, other
related airside activities, and airport access transportation facility projects on airport property.52
No single airport may receive airport or aviation development project funds in excess of 25 percent of the total
airport or aviation development project funds available in any given budget year. However, any airport which
receives discretionary capacity improvement project funds in a given fiscal year may not receive greater than ten
percent of total aviation and airport development project funds appropriated in that fiscal year.53
Commercial Service Airports
Each governing body that operates a commercial service airport must establish and maintain a website to post
information relating to the operation of a commercial service airport, including:
All published notices of meetings and published meeting agendas of the governing body.
The official minutes of each meeting of the governing body, which shall be posted within 7 business days
after the date of the meeting in which the minutes were approved.
47 Section 332.004(15), F.S., defines the term “sponsor” as any eligible agency which, either individually or jointly with one or
more eligible agencies, submits to FDOT an application for financial assistance for an airport development project. Federal
funding of individual local airport projects is wholly between the local airport sponsors and the appropriate federal agencies;
however, FDOT is authorized to receive federal grants for statewide projects when no local sponsor is available. S. 332.007(1),
F.S.
48 Section 332.004(4), F.S., defines the term “airport or aviation development project” or “development project” to mean any
activity associated with the design, construction, purchase, improvement, or repair of a public-use airport or portion thereof,
including, but not limited to: the purchase of equipment; the acquisition of land, including land required as a condition of a
federal, state, or local permit or agreement for environmental mitigation; off-airport noise mitigation projects; the removal,
lowering, relocation, marking, and lighting of airport hazards; the installation of navigation aids used by aircraft in landing at
or taking off from a public airport; the installation of safety equipment required by rule or regulation for certification of the
airport under s. 612 of the Federal Aviation Act of 1958, and amendments thereto; and the improvement of access to the
airport by road or rail system which is on airport property and which is consistent, to the maximum extent feasible, with the
approved local government comprehensive plan of the units of local government in which the airport is located.
49 Section 332.004(5), F.S., defines the term “airport or aviation discretionary capacity improvement projects” or
“discretionary capacity improvement projects” to mean capacity improvements which are consistent, to the maximum extent
feasible, with the approved local government comprehensive plans of the units of local government in which the airport is
located, and which enhance intercontinental capacity at airports which: are international airports with United States Bureau of
Customs and Border Protection; had one or more regularly scheduled intercontinental flights during the previous calendar
year or have an agreement in writing for installation of one or more regularly scheduled intercontinental flights upon the
commitment of funds for stipulated airport capital improvements; and have available or planned public ground transportation
between the airport and other major transportation facilities.
50 Pursuant to s. 332.006, F.S., FDOT is required to develop and periodically update a statewide aviation system plan that
summarizes 5-year, 10-year, and 20-year airport and aviation needs within the state.
51 S. 332.007(1)-(3), F.S.
52 S. 332.007(4)(a), F.S.
53 S. 332.007(4)(c), F.S.
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14
The approved budget for the commercial service airport for the current fiscal year, which shall be posted
within 7 business days after the date of adoption. Budgets must remain on the website for 2 years after the
conclusion of the fiscal year for which they were adopted.
A link to the Airport Master Plan for the commercial service airport on the commercial service airport’s
website.
A link to all financial and statistical reports for the commercial service airport on the FAA’s website.
Any contract or contract amendment for the purchase of commodities or contractual services executed by
or on behalf of the commercial service airport in excess of a specified threshold amount, which must be
posted no later than 7 business days after the commercial service airport executes the contract or contract
amendment, provided that a contract or contract amendment may not reveal information made
confidential or exempt by law.
Position and rate information for each employee of the commercial service airport, including, at a
minimum, the employee’s position title, position description, and annual or hourly salary. This information
shall be updated annually.54
Each November 1, the governing body of each commercial service airport must submit the following information to
FDOT:
Its approved budget for the current fiscal year.
Any financial reports submitted to the FAA during the previous calendar year.
A link to its website.
A verified statement that it has complied with part III of chapter 112, F.S., chapter 287, F.S., and the
requirements of s. 332.0075, F.S.55
FDOT may not expend any funds allocated to a commercial service airport as contained in the adopted work
program, unless pledged for debt service, until the commercial service airport demonstrates its compliance with
these requirements and others in s. 332.0075, F.S.56
Strategic Space Infrastructure Investment
Under s. 331.371, F.S., FDOT is authorized to, in consultation with Space Florida,57 fund spaceport discretionary
capacity improvement projects58 at up to 100 percent of the project’s cost if:
Important access and on-spaceport-territory space transportation capacity improvements are provided;
Capital improvements that strategically position the state to maximize opportunities in international trade
are achieved;
Goals of an integrated intermodal transportation system for the state are achieved; and
Feasibility and availability of matching funds through federal, local, or private partners are demonstrated.59
Uniform System of Traffic Control Devices
FDOT is required by Florida law to adopt a uniform system of traffic control devices for use on the streets and
highways of the state.60 To meet this requirement, it has adopted the U.S. Department of Transportation, Federal
Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD).61 The MUTCD is a compilation of
national standards for all traffic control devices, including road markings, highway signs, and traffic signals. The
54 S. 332.0075(2), F.S.
55 S. 332.075(5), F.S.
56 S. 332.075(6), F.S.
57 Section 331.302, F.S., establishes Space Florida as an independent special district, a body politic and corporate, and a
subdivision of the state, to foster the growth and development of a sustainable and world-leading aerospace industry in this
state. Space Florida Promotes aerospace business development by facilitating business financing, spaceport operations,
research and development, workforce development, and innovative education programs.
58 Section 331.303(18), F.S., defines “spaceport discretionary capacity improvement projects” as capacity improvements that
enhance space transportation capacity at spaceports or on spaceport territory.
59 S. 331.371, F.S.
60 S. 316.0745(1), F.S.
61 R. 14-15.010, F.A.C.
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15
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