Florida House of Representatives Commerce Committee Meeting Packet, April 22, 2025

Summary

The Florida House of Representatives Commerce Committee met on Tuesday, April 22, 2025, 8:00 AM - 12:00 PM in Webster Hall (212 Knott), with James Buchanan as Chair. Bills on the agenda include CS/HB 535 Public Lodging and Public Food Service Establishments, CS/HB 743 Social Media Use and HB 6033 Labor Pool Act, followed by proposed committee substitutes such as PCS for HB 7027 -- Hemp Consumable THC Products. The staff analysis of HB 6033 says the bill repeals Florida’s Labor Pool Act, codified in Part II of ch. 448, F.S., which governs the day labor industry in the state. It says the repeal may reduce litigation expenses for labor pools, and the effective date of the bill is July 1, 2025.

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

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“Florida House of Representatives Commerce Committee Meeting Packet, April 22, 2025.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-04-22-3285-commerce-committee-meeting-packets-mtg14779-7da409860f/, SHA-256 c2badda0c005177bdc4985ba0eda03056059df1814942a72d89bc2662506ef16.

Full text

This is the first part of the text (pages 1 to 888 of 1,214). The full document is in our copy of the file, 2025-04-22_3285_commerce-committee_meeting-packets_mtg14779.pdf, listed under File and source.

Commerce Committee
Tuesday, April 22, 2025
8:00 AM - 12:00 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 22, 2025
8:00 am – 12:00 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 435 Telecommunications Access System Act of 1991 by Economic Infrastructure
Subcommittee, Tant

CS/HB 535 Public Lodging and Public Food Service Establishments by Industries & Professional
Activities Subcommittee, Johnson

CS/CS/HB 561 Manufacturing by Transportation & Economic Development Budget
Subcommittee, Housing, Agriculture & Tourism Subcommittee, Cobb, Redondo

CS/HB 563 Fees/Florida Manufacturing Promotional Campaign by Housing, Agriculture &
Tourism Subcommittee, Cobb

CS/CS/HB 567 Transportation by Transportation & Economic Development Budget
Subcommittee, Economic Infrastructure Subcommittee, McFarland

CS/HB 743 Social Media Use by Minors by Industries & Professional Activities Subcommittee,
Salzman, Sirois

CS/CS/HB 943 Real Property and Land Use and Development by Intergovernmental Affairs
Subcommittee, Housing, Agriculture & Tourism Subcommittee, Lopez, V.

HB 6033 Labor Pool Act by Abbott

214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
CS/HB 7029 Taxation of Hemp Consumable THC Products by Budget Committee, Housing,
Agriculture & Tourism Subcommittee, Salzman

Consideration of the following proposed committee substitute(s):

PCS for CS/CS/HB 247 -- Housing

PCS for CS/HB 579 -- Land Use and Development

PCS for CS/HB 643 – Insurance

PCS for CS/HB 991 -- Community and Economic Development

PCS for CS/CS/HB 1225 – Employment

PCS for HB 1239 -- Energy Infrastructure Investment

PCS for CS/HJR 1257 -- Property Tax Benefits for Residential Properties

PCS for CS/HB 1259 -- Property Tax Benefits for Residential Properties

PCS for CS/HB 1433 -- Hurricane Mitigation Grants and Insurers' Regulations

PCS for HB 7027 -- Hemp Consumable THC Products

V. Closing Remarks

VI. Adjournment
CS/HB 435
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 435 COMPANION BILL: CS/CS/SB 344 (Rodriguez)
TITLE: Telecommunications Access System Act of 1991 LINKED BILLS: None
SPONSOR(S): Tant RELATED BILLS: None
Committee References
Economic Infrastructure Commerce
16 Y, 0 N, As CS 

SUMMARY
Effect of the Bill:
The bill revises the Telecommunications Access System Act of 1991 (TASA) to reflect modern advances in
communications technology by expanding the types of communications equipment that may be provided to
persons with hearing loss or speech impairment or who are deafblind to allow these persons to access
telecommunications services. Additionally, the bill:
 Establishes income qualifications for recipients of specialized communications technology;
 Decreases the maximum surcharge that the Public Service Commission (PSC) may set to fund TASA
services;
 Freezes the current surcharge until reserve funds are depleted;
 Revises the composition of the TASA Advisory Committee; and
 Updates terminology referencing persons with specific disabilities.

Fiscal or Economic Impact:
The bill will have a negative impact on state government expenditures by expanding authorized expenditures from
the TASA reserve fund.

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ANALYSIS
EFFECT OF THE BILL:
Purchase and Distribution of Specialized Telecommunications Devices
The bill provides that the telecommunications access system administered under TASA must provide for the
purchase and distribution of “specialized communications technology,” which include:
 Mobile devices;
 Tablet computers;
 Software; and
 Other applications that can be used to provide communications services to a hearing impaired, speech
impaired, or deafblind person. (Section 3).

The bill requires the Public Service Commission (PSC), in implementing TASA, to establish eligibility requirements
for distribution of such technology based on income and participation in other state or federal programs based on
income. To qualify for this specialized communications technology under TASA, income must be no less than
double, but no more than triple, the federal poverty level. Eligibility requirements may not prohibit the
administrator from providing access to specialized communications technology if such access has a de minimis
value. The income eligibility requirements do not apply to specialized telecommunications devices1 that use
standard telephone lines. (Section 3).

1 Under the bill, “specialized telecommunications device” is defined as a telecommunication device for the deaf (TDD), a

volume control handset, a ring signaling device, or any equipment that can be used to provide access to communications
services for a person with hearing loss or speech impairment or who is deafblind. Specialized telecommunications device is
STORAGE NAME: h0435b.COM
DATE: 4/21/2025
1
Local Exchange Telecommunications Companies
The bill decreases the maximum surcharge that the PSC may set for local exchange telecommunication customers
from $0.25 per line per month to $0.15 per line per month for purposes of funding services required by TASA. The
bill also provides that the current surcharge, set at $0.08 per line per month, may not be increased until reserve
funds are depleted.

The bill deletes a provision that the PSC shall require all local exchange telecommunications companies2 to assess
and collect a five cent surcharge per access line per month. (Section 3).

Administration of the Telecommunications Access System
The bill requires the TASA administrator to license specialized telecommunications technology, and conforms the
types of equipment available under TASA with the bill’s earlier provisions. (Section 4).

Certification
The bill includes regional distribution center directors in the list of permissible certifiers of persons with hearing
loss or speech impairment or who are deafblind. (Section 4).

TASA Advisory Committee
The bill revises the composition of the TASA Advisory Committee to specify that committee members shall include
persons recommended by organizations representing the following groups:
 The deaf,
 Persons with hearing loss,
 The deafblind, persons with speech impairment,
 The elderly,
 Telecommunication relay service distribution centers, and
 Communications service providers. (Section 5).

Findings, Purpose, and Legislative Intent of TASA
The bill amends legislative findings and intent related to TASA to conform to the modernization provisions of the
bill.

The bill adds that it is the intent of the legislature for TASA to provide access to new, specialized communications
technology to persons with hearing loss, speech impairment, or who are deafblind. The bill also provides for access
to future technologies not yet contemplated. (Section 1).

Definitions Under TASA
The bill:
 Revises the definition of “administrator” to replace its administration to the telecommunications access
system, instead of administration to the telecommunications relay service system and the distribution of
specialized telecommunications devices.
 Adds a definition for “commercial mobile radio service” (CMRS), which are mobile radio communications
services interconnected to the public switched network available to the public or effectively available to a
substantial portion of the public. CMRS do not include services that do not provide access to 911 service,
communication channels suitable only for data transmission, wireless roaming services or other nonlocal
radio access lines, or private telecommunications systems.
 Adds a definition for “communications service” to mean service provided to subscribers through wireline
telecommunications equipment, interconnected VoIP, or CMRS.
 Revises terminology relating to persons with specific hearing or visual impairment.

currently defined as equipment that is designed or used to provide basic access to telecommunications services. S. 427.703,
F.S.
2 “Local exchange telecommunications company” means a telecommunications company certificated by the commission to

provide telecommunications services within a specific geographic area. S. 427.703(7), F.S.
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2
 Adds a definition for “deaf service center” to mean a center that serves, within a defined region, individuals
with hearing loss or speech impairment or who are deafblind, by distributing equipment and providing
services on behalf of the administrator.
 Adds a definition for “deaf service center director” to mean an individual who serves as the director for a
deaf service center and is responsible for ensuring that individuals with hearing loss or speech impairment
or who are deafblind are qualified to receive equipment or services based on their impairment by attesting
to such impairment as provided for in the procedures developed by the administrator.
 Adds a definition for “regional distribution center” to mean an entity, including, but not limited to, a deaf
service center or a provider of audiology services, which has contracted with the administrator to
distribute equipment and provide services to qualified individuals with hearing loss or speech impairment
or who are deafblind.
 Adds a definition for “regional distribution center director” to mean an individual qualified by the
administrator who serves as the director for a regional distribution center and meets the standards for
ensuring that individuals with hearing loss or speech impairment or who are deafblind are qualified to
receive equipment or services by attesting to such impairment as provided for in the procedures developed
by the administrator.
 Adds a definition for “interconnected voice over Internet protocol” (interconnected VoIP) to mean a service
that does all of the following:
o Enables subscribers to have real-time, two-way voice communications.
o Requires a broadband connection.
o Requires equipment compatible with Internet protocol.
o Allows subscribers to receive and place calls to the public switched telephone network.
 Adds a definition for “telecommunications access system” to mean the system administered under TASA,
the administration of the telecommunications relay service system and distribution of specialized
telecommunications devices and specialized communications technologies, and the rules and regulations
established by the PSC.
 Revises the definition for “telecommunications device for the deaf” (TDD)3 to expand the equipment
contemplated under it. (Section 2).

The effective date is July 1, 2025. (Section 6).

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill will have a negative impact on state government expenditures by expanding authorized expenditures from
the TASA reserve fund.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Public Service Commission (PSC)
The Florida Public Service Commission (PSC) is an arm of the legislative branch of government.4 The role of the PSC
is to ensure Florida’s consumers receive utility services, including electric, natural gas, telephone, water, and
wastewater, in a safe and reliable manner and at fair prices.5 In order to do so, the PSC exercises authority over

3 Currently, “telecommunications device for the deaf,” or TDD, is a mechanism which is connected to a standard telephone line

and used to transmit or receive signals through telephone lines. S. 427.703(14), F.S.
4 S. 350.001, F.S.
5 Florida Public Service Commission, About the PSC, https://www.psc.state.fl.us/about#MissionAndGoals (last visited Mar. 28,

2025).
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3
utilities in one or more of the following areas: rate base or economic regulation; competitive market oversight; and
monitoring of safety, reliability, and service issues.6

Telecommunications carriers in Florida are subject to only limited PSC regulation.7 During the 2011 legislative
session, the “Regulatory Reform Act” (Act) was passed and signed into law by the Governor, effective July 1, 2011.8
Under the Act, the Legislature eliminated most of the PSC’s jurisdiction over telecommunications service. However,
the PSC still:
 Maintains the authority to ensure that incumbent local exchange carriers meet their obligation to provide
unbundled access, interconnection, and resale to competitive local exchange companies in a
nondiscriminatory manner;
 Administers the system to provide Telecommunications Relay Services pursuant to TASA; and
 Oversees the Federal Lifeline Assistance program for Florida.9

Telecommunications Access System Act of 1991 (TASA)
TASA was established to comply with the Federal Communications Commission (FCC) implementation of Title IV of
the Americans with Disabilities Act (ADA).10 The ADA mandated the creation of services that allow individuals with
a hearing or speech disability to communicate by telephone or other telecommunications device. TASA was
intended to provide individuals with such disabilities a means of accessing communications services using the
predominant medium at the time, the landline network. 11

The PSC is required to oversee the administration of the statewide telecommunications access system to provide
access to telecommunications relay service (relay service).12 To fulfill its duty, the PSC selects a provider of relay
service through a competitive bidding process. The current provider of relay service is T-Mobile USA, Inc.13

The PSC is also directed to designate an administrator of the relay service which must be a not-for-profit
corporation organized for such purposes.14 Pursuant to this requirement, the PSC in May 1991 directed Florida’s
local exchange telecommunications companies to form Florida Telecommunications Relay, Inc. (FTRI) to
administer the distribution of the specialized telecommunications equipment and to provide outreach services.15

As a part of the PSC’s oversight responsibilities for TASA, the PSC is required to file an annual report on the system
to be available on the PSC’s website. The report, prepared in consultation with FTRI, must, at a minimum, briefly
outline:
 The status of developments in the telecommunications access system;
 The number of persons served, call volume, revenues, and expenditures;
 The allocation of the revenues and expenditures between provision of specialized telecommunications
devices to individuals and operation of statewide relay service;
 Other major policy or operational issues; and
 Proposals for improvements or changes to the telecommunications access system.16

Florida Telecommunications Relay

6 Florida Public Service Commission, About the PSC, supra note 5.
7 S. 364.011, F.S.
8 Ch. 2011-36, Laws of Florida.
9 Florida Public Service Commission, About the PSC, supra note 5.
10 S. 427.702, F.S.
11 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, pg. 1, Dec. 2024,

available at https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/Telecommunication/TelecommunicationAccess/2024.pdf (last visited Mar. 28, 2025).
12 S. 427.704, F.S.
13 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 1.
14 S. 427.704, F.S..
15 In re: Telecommunications Access System Act of 1991, Docket No. 19910496-TP, Order No. 24462 (F.P.S.C. May 1, 1991).
16 S. 427.704, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
The FTRI’s relay service—branded as “Florida Relay”—provides 24-hour, 365-day per year, services to Florida
residents who are deaf, hard of hearing, deaf/blind, and speech disabled to connect them to standard (i.e. voice)
telephone users. The relay services provided by Florida Relay include the following: 17
 Text telephone (TTY) and ASCII18: Persons who are deaf, hard-of-hearing, deaf-blind, or speech-disabled
use a TTY to type their conversation to a relay operator. This operator then reads this conversation to the
hearing person being called.
 Voice carry over (VCO): Persons who are deaf or hard of hearing use their voice to speak directly to the
hearing person being called. When the person being called speaks back, the operator types out what is said
on a TTY or text display.
 Speech to Speech (STS): This technology allows speech-disabled persons to voice their conversation. Then,
a specially trained relay operator repeats that speech-disabled person’s dialogue to the called party.
 Relay conference capturing (RCC): Service for persons who are deaf or hard of hearing to engage in a group
conversation setting in either a video conference or conference call.
 CapTel: CapTel is a captioned telephone device that displays what the called party says using speech
recognition software.19
 Voice: Allows standard telephone users to initiate calls to TTY users. The operator types the hearing
person’s spoken words to the TTY user and then reads back the replies.
 Hearing Carry-Over (HCO): Persons who can hear, but unable to speak directly into a phone due to speech
disabilities, can listen to the called party. Then, the HCO user types back a response which is then relayed,
via voice, by the relay operator to the called party, who then can speak back.
 Enhanced Speech to Speech: These features provide users with the ability to set up call times, contacts, and
faster call set up.

Florida Relay also provides services in Spanish and French.20

TASA Advisory Committee
The PSC must appoint an advisory committee to provide advice regarding the operation of telecommunications
relay service in the state. The committee must be composed of no more than 10 persons and include, to the extent
practicable:
 Two deaf persons recommended by the Florida Association of the Deaf.
 One hearing impaired person recommended by Self-Help for the Hard of Hearing.
 One deaf and blind person recommended by the Coalition for Persons with Dual Sensory Disabilities.
 One speech impaired person recommended by the Florida Language Speech and Hearing Association.
 Two representatives of telecommunications companies.
 One person with experience in providing relay services recommended by the Deaf Service Center
Association.
 One person recommended by the Advocacy Center for Persons with Disabilities, Inc.
 One person recommended by the Florida League of Seniors.21

The committee meets twice per year in formal meetings organized and conducted by PSC staff. According to the
PSC, not every organization listed to appoint individuals to the committee is still active in Florida. Currently, there
are only three persons who have been appointed by the specified organizations. 22

17 Florida Telecommunications Relay, Inc., Florida Relay, https://www.ftri.org/relay (last visited Mar. 28, 2025).
18 American Standard Code for Information Interchange (ASCII) is a 7-bit character code where each individual bit represents

a unique character. ASCII codes are used to assist with text-based communication and computing to ensure compatibility and
consistency across different systems and applications. ASCII Table, ASCII – Code.com, https://www.ascii-code.com/ (last
visited Mar. 28, 2025).
19 Hamilton Relay, CapTel (Captioned Telephone), https://hamiltonrelay.com/how-it-works/captel-captioned-telephone.html

(last visited Mar. 28, 2025).
20 Florida Telecommunications Relay, Inc., Florida Relay, supra note 17.
21 S. 427.706, F.S.
22 Florida Public Service Commission, Status of the Telecommunications Access System Act of 1991, pg. 10, Dec. 2024, available

at https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/Telecommunication/TelecommunicationAccess/2024.pdf (last visited Mar. 28, 2025).
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5
Funding TASA Services
TASA is funded through a monthly surcharge on basic telecommunications access lines (i.e. landlines). The
surcharge is imposed on all local exchange telecommunications company subscribers by their local exchange
telecommunications company as part of their regular bill and is capped at $0.25 per month, per access line, up to a
total of 25 total access lines per customer.23 The amount, subject to these statutory limitations, is set by the PSC in
order to fund FTRI’s operations. For the year 2024-2025, the TASA surcharge per customer line is $0.08 per
month.24

Any funding surplus is deposited in a reserve account.25 For the year 2024-2025, the reserve account had a balance
of approximately $20 million.26

Recommendations from the PSC’s TASA Annual Report
The PSC posted its most recent TASA annual report in December 2024 (2024 Report). The report made several
recommendations regarding the TASA program. Specifically, the report states that Florida Relay “is facing a
number of challenges in terms of technological changes that affects both the demand for equipment and the
viability of the program’s long-term funding.” Furthermore, the PSC “believes that modernization of TASA is
needed for the program to meet the evolving needs and preferences of consumers served by the program.”

The 2024 Report also recommends broadening the eligibility of membership on the TASA Advisory Committee to
better represent the deaf and hard of hearing community.27

Technology Changes
In the 2024 Report, the PSC notes that the telecommunications market and technologies have changed significantly
since TASA was passed in 1991. In 2001, switched access lines28 numbered 12,030,592 in Florida.29 As of 2023,
that number has dropped to 763,866—a decline of approximately 94 percent—and this number is expected to
continue to decline.30 The first voice-over-internet protocol (VoIP) was not released until 1995,31 four years after
TASA passed. Today, wireless and VoIP comprise the majority of the communications marketplace connecting
consumers to the public switched network. However, neither of these technologies were contemplated in TASA.

The PSC also notes in its 2024 Report that participation in TASA services has continued to decline over the last
decade. The chart below shows the total equipment distributed by FTRI each fiscal year from 2013 through 2023:
32

23 Section 427.704(4)(a)-(b).
24 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 9.
25 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 3.
26 In re: Commission approval of Florida Telecommunications Relay, Inc.’s fiscal year 2024-2025 proposed budget, Docket

No. 20240056-TP, Order No. PSC-2024-0200-PAA-TP (F.P.S.C. June 20, 2024).
27 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 11.
28 “Switched access lines” are how traditional telephones (i.e. landlines) connect to a local exchange carrier’s switch. See

Federal Communications Commission Office of Economics and Analysis, Voice Telephone Services: Status as of June 30, 2022,
pg. 16, available at https://docs.fcc.gov/public/attachments/DOC-396138A1.pdf (last visited Mar. 28, 2025). A reduction in
these lines indicates a reduction in landline subscribers.
29 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, pg. 21, Jun. 2002,

available at https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/Telecommunication/TelecommunicationIndustry/2002.pdf (last visited Mar. 28, 2025).
30 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 11-12.
31 Jeremy Norman’s History of Information, VocalTec Releases "Internet Phone," the First Internet VoIP Application,

https://www.historyofinformation.com/detail.php?id=1111 (last visited Mar. 28, 2025).
32 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 4.

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6
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The PSC also notes that there has been an “eighty-seven percent decline in new clients served and a seventy-seven
percent decline in customer calls over the past ten years.”33

Funding Challenges
As stated, TASA services are funded only through a surcharge on landline telecommunications. Wireless and VoIP
users are not required to contribute. Thus, as fewer customers use landline telecommunications, potential revenue
sources for TASA services will likely decline.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 16 Y, 0 N, As CS 3/31/0225 Keating Garcia
Subcommittee
THE CHANGES ADOPTED BY THE  Decreased the maximum surcharge that the PSC may set for local
COMMITTEE: exchange telecommunication customers from $0.25 per line per month
to $0.15 per line per month for purposes of funding services required
by TASA.
 Froze the current surcharge, set at $0.08 per line per month, until
reserve funds are depleted.
 Provided definitions for previously undefined terms used in TASA.
 Removed an unnecessary provision.
Commerce Committee Hamon Garcia

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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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33 Florida Public Service Commission, The Status of the Telecommunications Access System Act of 1991, supra note 11, pg. 6.

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7
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

CS/HB 435 2025

1 A bill to be entitled
2 An act relating to the Telecommunications Access
3 System Act of 1991; amending s. 427.702, F.S.;
4 revising the legislative findings, purpose, and intent
5 of the Telecommunications Access System Act of 1991;
6 amending s. 427.703, F.S.; defining and redefining
7 terms; amending s. 427.704, F.S.; revising the powers
8 and duties of the Florida Public Service Commission in
9 overseeing the administration of the
10 telecommunications access system; amending s. 427.705,
11 F.S.; revising the duties of the system's
12 administrator; revising the procedures required for
13 the distribution of specialized telecommunications
14 devices; requiring the administrator to assume
15 responsibility for the distribution of specialized
16 communications technologies; amending s. 427.706,
17 F.S.; revising the composition of the advisory
18 committee appointed to assist the commission with
19 implementing the act; providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Present paragraphs (e) through (i) of
24 subsection (3) of section 427.702, Florida Statutes, are
25 redesignated as paragraphs (f) through (j), respectively, a new

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26 paragraph (e) is added to that subsection, and subsections (1)
27 and (2) and paragraphs (a) and (d) and present paragraphs (g)
28 and (h) of subsection (3) of that section are amended, to read:
29 427.702 Findings, purpose, and legislative intent.—
30 (1) The Legislature finds and declares that:
31 (a) Telecommunications services provide a rapid and
32 essential communications link among the general public and with
33 essential offices and organizations such as police, fire, and
34 medical facilities.
35 (b) All persons should have basic telecommunications
36 services available to them at reasonable and affordable costs.
37 (c) A significant portion of Florida's hearing impaired
38 and speech impaired populations has profound disabilities,
39 including dual sensory impairments, which render normal
40 telephone equipment useless without additional specialized
41 telecommunications devices, many of which cost several hundred
42 dollars.
43 (d) The telecommunications system is intended to provide
44 access to a basic communications network between all persons,
45 and that many persons who have a hearing impairment or speech
46 impairment currently have no access to the basic
47 telecommunications system.
48 (e) Persons who do not have a hearing impairment or speech
49 impairment are generally excluded from access to the basic
50 telecommunications system to communicate with persons who have a

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51 hearing impairment or speech impairment without the use of
52 specialized telecommunications devices.
53 (f) There exists a need for a telecommunications relay
54 system whereby the cost for access to basic telecommunications
55 services for persons who have a hearing impairment or speech
56 impairment is no greater than the amount paid by other
57 telecommunications customers.
58 (g) The Federal Government, in order to carry out the
59 purposes established by Title II of the Communications Act of
60 1934, as amended, by the enactment of the Americans with
61 Disabilities Act, endeavored to ensure that interstate and
62 intrastate telecommunications relay services are available, to
63 the extent possible and in the most efficient manner, to persons
64 with hearing loss or speech impairment hearing impaired and
65 speech impaired persons in the United States.
66 (b)(h) Title IV of the Americans with Disabilities Act
67 mandates that the telecommunications companies providing
68 telephone services within the state shall provide
69 telecommunications relay services on or before July 25, 1993, to
70 persons with hearing loss or speech impairment who are hearing
71 impaired or speech impaired within their certificated
72 territories in a manner that meets or exceeds the requirements
73 of regulations to be prescribed by the Federal Communications
74 Commission.
75 (2) It is The declared purpose of this part is to

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76 establish a system whereby the residents citizens of this state
77 with hearing loss or speech impairment or who are deafblind
78 Florida who are hearing impaired, speech impaired, or dual
79 sensory impaired have access to basic telecommunications
80 services at a cost no greater than that paid by other
81 telecommunications services customers, and whereby the cost of
82 both the specialized telecommunications equipment necessary to
83 ensure that such residents citizens who are hearing impaired,
84 speech impaired, or dual sensory impaired have such access to
85 basic telecommunications services and the provision of
86 telecommunications relay service is borne by all the
87 telecommunications customers in this of the state.
88 (3) It is the intent of the Legislature:
89 (a) That a telecommunications access system be established
90 to provide equitable basic access to the telecommunications
91 network for persons with hearing loss or who are hearing
92 impaired, speech impairment impaired, or who are deafblind dual
93 sensory impaired.
94 (d) That the telecommunications access system includes the
95 distribution of specialized telecommunications devices necessary
96 for persons with hearing loss or hearing impaired, speech
97 impairment impaired, or who are deafblind dual sensory impaired
98 persons to access basic telecommunications services.
99 (e) That the telecommunications access system provides
100 access to specialized communications technology capable of using

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101 existing or future devices or equipment necessary for persons
102 with hearing loss or speech impairment or who are deafblind to
103 access telecommunications services.
104 (h)(g) That the telecommunications access system uses
105 state-of-the-art technology for specialized telecommunications
106 devices, specialized communications technology, and the
107 telecommunications relay service and encourages the
108 incorporation of new developments in technology, to the extent
109 that it has demonstrated benefits consistent with the intent of
110 this act and is in the best interest of the residents citizens
111 of this state.
112 (i)(h) That the value of the involvement of persons with
113 hearing loss who have hearing or speech impairment, or who are
114 deafblind impairments, and organizations representing or serving
115 those persons, be recognized and such persons and organizations
116 be involved throughout the development, establishment, and
117 implementation of the telecommunications access system through
118 participation on the advisory committee as provided in s.
119 427.706.
120 Section 2. Present subsections (2), (3) and (4), (5) and
121 (6), (7) and (8), (9), (10), (11), (12), and (13) through (17)
122 of section 427.703, Florida Statutes, are redesignated as
123 subsections (3), (5) and (6), (9) and (10), (12) and (13), (16),
124 (19), (18), (20), and (22) through (26), respectively, new
125 subsections (2), (4), (7), (8), (11), (14), (15), (17), and (21)

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126 are added to that section, and subsection (1) and present
127 subsections (4), (6), (10), (11), (12), (14), and (16) of that
128 section are amended, to read:
129 427.703 Definitions.—As used in this part:
130 (1) "Administrator" means a corporation not for profit
131 incorporated pursuant to the provisions of chapter 617 and
132 designated by the Florida Public Service Commission to
133 administer the telecommunications access system relay service
134 system and the distribution of specialized telecommunications
135 devices pursuant to the provisions of this act and rules and
136 regulations established by the commission.
137 (2) "Commercial mobile radio service" or "CMRS" means a
138 mobile radio communications service, provided for profit, which
139 is interconnected to the public switched network and is
140 available to the public or to such classes of eligible users as
141 to be effectively available to a substantial portion of the
142 public. The term does not include services that do not provide
143 access to 911 service, communication channels suitable only for
144 data transmission, wireless roaming services or other nonlocal
145 radio access line services, or private telecommunications
146 systems.
147 (4) "Communications service" means a service provided to
148 subscribers through wireline telecommunications equipment,
149 interconnected VoIP, or CMRS.
150 (6)(4) "Deafblind" "Dual sensory impaired" means having

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151 both a permanent hearing impairment and a permanent visual
152 impairment and includes dual sensory impairment deaf/blindness.
153 (7) "Deaf service center" means a center that serves,
154 within a defined region, individuals with hearing loss or speech
155 impairment or who are deafblind, by distributing equipment and
156 providing services on behalf of the administrator.
157 (8) "Deaf service center director" means an individual who
158 serves as the director for a deaf service center and is
159 responsible for ensuring that individuals with hearing loss or
160 speech impairment or who are deafblind are qualified to receive
161 equipment or services in accordance with ss. 427.701-427.708,
162 based on their impairment by attesting to such impairment as
163 provided for in the procedures developed by the administrator.
164 (10)(6) "Hearing loss impaired" or "having a hearing
165 impairment" means deaf, late-deafened, or hard of hearing and,
166 for purposes of this part, includes being dual sensory impaired.
167 (11) "Interconnected voice-over-Internet protocol" or
168 "interconnected VoIP" means a service that does all of the
169 following:
170 (a) Enables subscribers to have real-time, two-way voice
171 communications.
172 (b) Requires a broadband connection.
173 (c) Requires customer equipment compatible with Internet
174 protocol.
175 (d) Allows subscribers to receive calls from and place

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176 calls to a public switched telephone network. The term does not
177 include services that do not provide access to 911 service or
178 private telecommunications systems.
179 (14) "Regional distribution center" means an entity,
180 including, but not limited to, a deaf service center or a
181 provider of audiology services, which has contracted with the
182 administrator to distribute equipment and provide services to
183 qualified individuals with hearing loss or speech impairment or
184 who are deafblind.
185 (15) "Regional distribution center director" means an
186 individual qualified by the administrator who serves as the
187 director for a regional distribution center and meets the
188 standards for ensuring that individuals with hearing loss or
189 speech impairment or who are deafblind are qualified to receive
190 equipment or services in accordance ss. 427.701-427.708 on their
191 impairment by attesting to such impairment as provided for in
192 the procedures developed by the administrator.
193 (17) "Specialized communications technology" means mobile
194 devices, tablet computers, software, or applications that can be
195 used to provide communications services to a hearing impaired,
196 speech impaired, or deafblind person.
197 (19)(10) "Speech impaired" or "having a speech impairment"
198 means having a permanent loss of verbal communication ability
199 that which prohibits normal usage of a standard telephone
200 handset.

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201 (18)(11) "Specialized telecommunications device" means a
202 TDD, a volume control handset, a ring signaling device, or any
203 other customer premises telecommunications equipment that can be
204 specifically designed or used to provide basic access to
205 communications telecommunications services for a person with
206 hearing loss or speech impairment or who is deafblind hearing
207 impaired, speech impaired, or dual sensory impaired person.
208 (20)(12) "Surcharge" means an additional charge which is
209 to be paid by local exchange telecommunications company
210 subscribers pursuant to the cost recovery mechanism established
211 under s. 427.704(4) in order to implement the system described
212 herein.
213 (21) "Telecommunications access system" means the system
214 administered pursuant to this section, and includes the
215 administration of the telecommunications relay service system
216 and the distribution of specialized telecommunications devices
217 and specialized communications technologies pursuant to ss.
218 427.701-427.708 and rules and regulations established by the
219 commission.
220 (23)(14) "Telecommunications device for the deaf," or
221 "TDD," or "text device" means a mechanism that which is
222 connected to a communications network standard telephone line,
223 operated by means of a keyboard, and used to transmit or receive
224 signals through telephone lines or other communications service
225 facilities.

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226 (25)(16) "Telecommunications relay service" means any
227 telecommunications transmission service that allows a person
228 with hearing loss who is hearing impaired or speech impairment
229 speech impaired to communicate by wire or radio in a manner that
230 is functionally equivalent to the ability of a person who does
231 not have hearing loss or speech impairment is not hearing
232 impaired or speech impaired. Such term includes any service that
233 enables two-way communication between a person who uses a
234 telecommunications device or other nonvoice terminal device and
235 a person who does not use such a device.
236 Section 3. Subsection (1), paragraph (a) of subsection
237 (3), paragraphs (a), (b), and (e) of subsection (4), and
238 subsections (5) through (9) of section 427.704, Florida
239 Statutes, are amended to read:
240 427.704 Powers and duties of the commission.—
241 (1) The commission shall establish, implement, promote,
242 and oversee the administration of a statewide telecommunications
243 access system to provide access to telecommunications relay
244 services by persons with hearing loss or speech impairment or
245 who are deafblind who are hearing impaired or speech impaired,
246 or others who communicate with them. The telecommunications
247 access system must shall provide for the purchase and
248 distribution of specialized telecommunications devices,
249 equipment, specialized communications technology, and the
250 establishment of a statewide single provider telecommunications

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251 relay service system that which operates continuously. To
252 provide telecommunications relay services and distribute
253 specialized telecommunication devices, equipment, and
254 specialized communications technology to persons with hearing
255 loss or speech impairment or who are deafblind who are hearing
256 impaired or speech impaired, at a reasonable cost the commission
257 shall:
258 (a) Investigate, conduct public hearings, and solicit the
259 advice and counsel of the advisory committee established
260 pursuant to s. 427.706 to determine the most cost-effective
261 method for providing telecommunications relay service and
262 distributing specialized telecommunications devices, equipment,
263 and specialized communications technology.
264 (b) Ensure that users of the telecommunications relay
265 service system pay rates no greater than the rates paid for
266 functionally equivalent voice communication services with
267 respect to such factors as duration of the call, time of day,
268 and distance from the point of origination to the point of
269 termination.
270 (c) Ensure that the telecommunications access system
271 protects the privacy of persons to whom services are provided
272 and that all operators maintain the confidentiality of all relay
273 service messages.
274 (d) Ensure that the telecommunications relay service
275 system complies with regulations adopted by the Federal

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276 Communications Commission to implement Title IV of the Americans
277 with Disabilities Act.
278 (e) Set eligibility requirements for the distribution of
279 specialized communications technology based on income
280 qualifications or participation in other state or federal
281 programs based on income, which requirements must be set at no
282 less than double but no more than triple the federal poverty
283 level. Eligibility requirements may not prohibit the
284 administrator from providing access to specialized
285 communications technologies if such access has a de minimis
286 value. This paragraph does not apply to specialized
287 telecommunications devices using standard telephone lines.
288 (3)(a) The commission shall select a the provider of the
289 telecommunications relay service pursuant to procedures
290 established by the commission. In selecting a the service
291 provider, the commission shall take into consideration the cost
292 of providing the relay service and the interests of the hearing
293 loss, speech impairment, and deafblind impaired and speech
294 impaired community in having access to a high-quality and
295 technologically advanced telecommunications system. The
296 commission shall award the contract to the bidder whose proposal
297 is the most advantageous to the state, taking into consideration
298 the following:
299 1. The appropriateness and accessibility of the proposed
300 telecommunications relay service for the residents citizens of

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301 this the state, including persons with hearing loss or speech
302 impairment or who are deafblind who are hearing impaired or
303 speech impaired.
304 2. The overall quality of the proposed telecommunications
305 relay service.
306 3. The charges for the proposed telecommunications relay
307 service system.
308 4. The ability and qualifications of the bidder to provide
309 the proposed telecommunications relay service as outlined in the
310 request for proposals.
311 5. Any proposed service enhancements and technological
312 enhancements which improve service without significantly
313 increasing cost.
314 6. Any proposed inclusion of provision of assistance to
315 deaf persons with special needs to access the basic
316 telecommunications system.
317 7. The ability to meet the proposed commencement date for
318 the telecommunications relay service.
319 8. All other factors listed in the request for proposals.
320 (4)(a) The commission shall establish a mechanism to
321 recover the costs of implementing and maintaining the services
322 required pursuant to this part which must shall be applied to
323 each basic telecommunications access line. In establishing the
324 recovery mechanism, the commission shall:
325 1. Require all local exchange telecommunications companies

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326 to impose a monthly surcharge on all local exchange
327 telecommunications company subscribers on an individual access
328 line basis, except that such surcharge may shall not be imposed
329 upon more than 25 basic telecommunications access lines per
330 account bill rendered.
331 2. Require all local exchange telecommunications companies
332 to include the surcharge as a part of the local service charge
333 that appears on the customer's bill, except that the local
334 exchange telecommunications company shall specify the surcharge
335 on the initial bill to the subscriber and itemize it at least
336 once annually.
337 3. Allow the local exchange telecommunications company to
338 deduct and retain 1 percent of the total surcharge amount
339 collected each month to recover the billing, collecting,
340 remitting, and administrative costs attributed to the surcharge.
341 (b) The commission shall determine the amount of the
342 surcharge based upon the amount of funding necessary to
343 accomplish the purposes of this act and provide the services on
344 an ongoing basis; however, in no case shall the amount exceed 15
345 25 cents per line per month.
346 (e) From the date of implementing the surcharge, the
347 commission shall review the amount of the surcharge at least
348 annually and shall order changes in the amount of the surcharge
349 as necessary to assure available funds for the provision of the
350 telecommunications access system established herein. Where the

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351 review of the surcharge determines that excess funds are
352 available, the commission may order the suspension of the
353 surcharge for a period that which the commission deems
354 appropriate. The commission may not increase the surcharge when
355 excess funds are available.
356 (5) The commission shall require each local exchange
357 telecommunications company to begin assessing and collecting the
358 surcharge in the amount of 5 cents per access line per month on
359 bills rendered on or after July 1, 1991, for remission to the
360 administrator for deposit in the operational fund. Each local
361 exchange telecommunications company shall remit moneys collected
362 to the administrator. On August 15, 1991, each local exchange
363 telecommunications company shall begin remitting the moneys
364 collected to the administrator on a monthly basis and in a
365 manner as prescribed by the commission. The administrator shall
366 use such moneys to administer the telecommunications access to
367 cover costs incurred during the development of the
368 telecommunications relay services and to establish and
369 administer the specialized telecommunications devices system.
370 (6) The commission shall establish a schedule for
371 completion of specific stages of the telecommunications relay
372 service development and implementation except that the statewide
373 telecommunications relay service shall commence on or before
374 June 1, 1992.
375 (7) The commission shall require the administrator to

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376 submit financial statements for the distribution of specialized
377 telecommunications devices and for specialized communications
378 technology and for the telecommunications relay service to the
379 commission quarterly, in the manner prescribed by the
380 commission.
381 (7)(8) The commission shall adopt rules and may take any
382 other action necessary to implement the provisions of this act.
383 (8)(9) The commission shall prepare an annual report on
384 the operation of the telecommunications access system and, which
385 shall make such report be available on the commission's Internet
386 website. Reports must be prepared in consultation with the
387 administrator and the advisory committee appointed pursuant to
388 s. 427.706. The reports must, at a minimum, briefly outline the
389 status of developments in the telecommunications access system,
390 the number of persons served, the call volume, revenues and
391 expenditures, the allocation of the revenues and expenditures
392 between provision of specialized telecommunications devices and
393 specialized communications technologies to individuals and
394 operation of statewide relay service, other major policy or
395 operational issues, and proposals for improvements or changes to
396 the telecommunications access system.
397 Section 4. Paragraphs (a) and (c) of subsection (1),
398 subsection (4), paragraphs (a) and (b) of subsection (5), and
399 subsection (7) of section 427.705, Florida Statutes, are amended
400 to read:

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401 427.705 Administration of the telecommunications access
402 system.—
403 (1) Consistent with the provisions of this act and rules
404 and regulations established by the commission, the administrator
405 shall:
406 (a) Purchase, license, store, distribute, and maintain
407 specialized telecommunications devices, equipment, and
408 specialized communications technology, either directly or
409 through contract with third parties, or a combination thereof.
410 (c) Administer training services for recipients of
411 specialized telecommunications devices, equipment, and
412 specialized communications technology and for telecommunications
413 relay service users as directed by the commission through
414 contract with third parties.
415 (4) In contracting for the provision of distribution of
416 specialized telecommunications devices, outreach services, and
417 training of recipients, the administrator shall consider
418 contracting with organizations that provide services to persons
419 with hearing loss or speech impairment or who are deafblind who
420 are hearing impaired or speech impaired.
421 (5) The administrator shall provide for the distribution
422 of specialized telecommunications devices to persons qualified
423 to receive such equipment in accordance with the provisions of
424 this act. The administrator shall establish procedures for the
425 distribution of specialized telecommunications devices and shall

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426 solicit the advice and counsel and consider the recommendations
427 of the advisory committee in establishing such procedures. The
428 procedures shall:
429 (a) Provide for certification of persons with hearing loss
430 or speech impairment or who are deafblind as hearing impaired,
431 speech impaired, or dual sensory impaired. Such certification
432 process must shall include a statement attesting to such
433 impairment by a licensed physician, audiologist, speech-language
434 pathologist, hearing aid specialist, or deaf service center
435 director, or regional distribution center director; by a state-
436 certified teacher of the hearing impaired; by a state-certified
437 teacher of the visually impaired; or by an appropriate state or
438 federal agency. The licensed physician, audiologist, speech-
439 language pathologist, hearing aid specialist, state-certified
440 teacher of the hearing impaired, or state-certified teacher of
441 the visually impaired providing statements which attest to such
442 impairments shall work within their individual scopes of
443 practice according to their education and training. The deaf
444 service center directors, regional distribution center
445 directors, and appropriate state and federal agencies shall
446 attest to such impairments as provided for in the procedures
447 developed by the administrator.
448 (b) Establish characteristics and performance standards
449 for specialized telecommunications devices and specialized
450 communications technologies determined to be necessary, and for

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451 the selection of equipment to be purchased for distribution to
452 qualified recipients. The characteristics and standards must
453 shall be modified as advances in equipment technology render
454 such standards inapplicable.
455 (7) The administrator shall assume responsibility for
456 distribution of specialized telecommunications devices and
457 specialized communications technologies.
458 Section 5. Subsections (1) and (2) of section 427.706,
459 Florida Statutes, are amended to read:
460 427.706 Advisory committee.—
461 (1) The commission shall appoint an advisory committee to
462 assist the commission with implementing the implementation of
463 the provisions of this part. The committee shall be composed of
464 no more than 10 persons and shall include, to the extent
465 practicable, persons recommended by organizations representing,
466 the following groups:
467 (a) The Two deaf persons recommended by the Florida
468 Association of the Deaf.
469 (b) Persons with hearing loss One hearing impaired person
470 recommended by Self-Help for the Hard of Hearing.
471 (c) The deafblind One deaf and blind person recommended by
472 the Coalition for Persons with Dual Sensory Disabilities.
473 (d) Persons with speech impairment One speech impaired
474 person recommended by the Florida Language Speech and Hearing
475 Association.

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476 (e) The elderly Two representatives of telecommunications
477 companies.
478 (f) One person with experience in providing
479 Telecommunication relay service distribution centers services
480 recommended by the Deaf Service Center Association.
481 (g) Communications service providers One person
482 recommended by the Advocacy Center for Persons with
483 Disabilities, Inc.
484 (h) One person recommended by the Florida League of
485 Seniors.
486 (2) The advisory committee shall provide the expertise,
487 experience, and perspective of persons with hearing loss or
488 speech impairment or who are deafblind who are hearing impaired
489 or speech impaired to the commission and to the administrator
490 during all phases of the development and operation of the
491 telecommunications access system. The advisory committee shall
492 advise the commission and the administrator on the quality and
493 cost-effectiveness of the telecommunications relay service and
494 the specialized telecommunications devices, equipment, and
495 specialized communications technologies distribution system. The
496 advisory committee may submit material for inclusion in the
497 annual report prepared pursuant to s. 427.704.
498 Section 6. This act shall take effect July 1, 2025.

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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 535 COMPANION BILL: SB 606 (Leek)
TITLE: Public Lodging and Public Food Service LINKED BILLS: None
Establishments RELATED BILLS: None
SPONSOR(S): Johnson
Committee References
Industries & Professional Criminal Justice Commerce
Activities  11 Y, 6 N 
14 Y, 3 N, As CS

SUMMARY
Effect of the Bill:
The bill redefines “transient occupancy” and “nontransient occupancy” in the context of public lodging
establishments. The bill removes the intention of the parties and the rebuttable presumptions, and defines
“transient occupancy” as an occupancy that is temporary and “nontransient occupancy” as an occupancy that is not
temporary. The bill redefines “transient establishment” and “nontransient establishment” by removing the
intention of the operator.

The bill provides that:
 An operator of a public lodging establishment may remove a guest for failing to make payment or check out
before the time specified by the establishment instead of the time agreed upon by both parties.
 A public lodging or public food establishment’s written or oral notice to a guest to leave is effective upon
delivery whether delivery is in person, telephone, email, or delivered to the guest’s unit.
The bill removes the requirement for a law enforcement officer to arrest a guest who refuses to leave an
establishment in the officer’s presence and instead requires the officer to remove the guest from the establishment.

The bill prohibits public food service establishments from including automatic gratuity or service charges as part of
the price for food or beverages for certain parties. The bill requires public food service establishments to provide
specific notices with specific requirements when including automatic gratuity or service charges.

Fiscal or Economic Impact:
The bill may have an indeterminate fiscal impact on the private sector.

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ANALYSIS
EFFECT OF THE BILL:
Transient and Nontransient Occupancy

The bill redefines “transient occupancy” and “nontransient occupancy” in the context of public lodging
establishments. The bill removes the intention of the parties and the rebuttable presumptions from the definitions.
“Transient occupancy” is defined as an occupancy that is temporary, and “nontransient occupancy” as an
occupancy that is not temporary. (Section 1)

The bill provides that transient and nontransient occupancies include hotels, motels, vacation rentals, bed and
breakfast inns, or timeshare projects. However, hotels, motels, vacation rentals, bed and breakfast inns, or
timeshare projects may only be considered nontransient occupancies if there is a written rental or lease
agreement stating the unit is the sole residence of the guest. (Section 1)

STORAGE NAME: h0535d.COM
DATE: 4/21/2025
1
The bill redefines “transient establishment” and “nontransient establishment” by removing the intention of the
operator. The bill also amends the rental time period to determine whether an establishment is transient or
nontransient from “30 days or one calendar month” to “30 consecutive days.”
(Section 1)

Refusal of Admission and Ejection of Undesirable Guests

The bill provides that:
 An operator of a public lodging establishment may remove a guest for failing to make payment or check out
at or before the time specified in writing by the public lodging establishment instead of the time
agreed upon by both parties.
 A public lodging or public food service establishment’s written or oral notice to a guest to leave is effective
upon delivery whether notice is provided in person, telephone, email, or delivered to the guest’s unit if the
establishment is a public lodging establishment.
o If a public lodging establishment notifies a guest to leave because they failed to checkout or pay for
their unit by the check-out time, the notice must be in writing which may be via text, email, or
printed paper. (Section 2)

The bill removes the requirement for a law enforcement officer to arrest a guest who refuses to leave an
establishment in the presence of the officer. Instead, an officer is only required to remove the guest from the
establishment. The law enforcement officer may still arrest the guest, but is not required to do so unless a warrant
has been issued. (Section 2)

Automatic Gratuity or Service Charges

The bill prohibits public food service establishments from including automatic gratuity or service charges in the
price of food or beverages for parties of less than six (6) guests. (Section 3)

The bill defines “gratuity” and “service charge” as any type of charge or required payment other than the price of
the food or beverages. (Section 3)

Under the bill, public food service establishments may include automatic gratuity or service charges in the price of
food or beverages for parties of six (6) or more guests. (Section 3)

If a public food service establishment includes an automatic gratuity or service charge, notice of the automatic
charge must be on the face of every item and receipt required to be signed by a guest, in addition to being on the
food menu which is required by current law. The notice must list the person or business entity receiving the
gratuity or service charge and the percentage they are receiving. (Section 3)

A public food service establishment may not require a guest to pay an automatic gratuity or service charge if the
guest requests not to pay such gratuity or service charge. (Section 3)

The bill also provides that if a public food establishment bases an automatic or suggested gratuity or service charge
on the price of food or beverages, the gratuity or service charge must be based on the price of the food or
beverages before taxes. (Section 3)

The bill provides an effective date of July 1, 2025. (Section 4)

FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have a positive fiscal impact on transient public lodging establishments by reducing the need to
remove guests through the landlord eviction process.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The bill may also have an indeterminate negative fiscal impact on public food service establishments by prohibiting
such establishments from including automatic gratuity or service charges on bills for parties of fewer than six
guests. Additionally, the bill may have an indeterminate negative fiscal impact on such establishments to the extent
that costs are incurred to comply with the expanded notice requirements of the bill related to automatic gratuity
and service charges.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Public Lodging Establishments
The Division of Hotels and Restaurants within the Department of Business and Professional Regulation is the state
agency with regulatory authority of public lodging establishments and public food service establishments for the
purpose of protecting the public health, safety, and welfare.1

The term “public lodging establishment” includes transient and non-transient public lodging establishments.2 The
principal differences between transient and non-transient public lodging establishments are the number of times
that the establishments are rented in a calendar year and the duration of the rentals.

A public lodging establishment is classified as a hotel, motel, vacation rental, non-transient apartment, transient
apartment, bed and breakfast inn, or timeshare project if the establishment satisfies specified criteria.3

Transient and Nontransient Occupancy
A “transient public lodging establishment” is defined in s. 509.013(4)(a)1., F.S., as:

Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests more than three times in a calendar year for periods of
less than 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests.

A “non-transient public lodging establishment” is defined in s. 509.013(4)(a)2., F.S., as:

Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests for periods of at least 30 days or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented
to guests for periods of at least 30 days or 1 calendar month.

Under current law, occupancy status considers the intent of the parties; however, how this intent is
determined, is not specified:4

“Transient occupancy” means occupancy when it is the intention of the parties that the
occupancy will be temporary. There is a rebuttable presumption that, when the dwelling
unit occupied is not the sole residence of the guest, the occupancy is transient.

“Nontransient occupancy” means occupancy when it is the intention of the parties that the
occupancy will not be temporary. There is a rebuttable presumption that, when the
dwelling unit occupied is the sole residence of the guest, the occupancy is nontransient.

1 S. 509.032(1), F.S.
2 S. 509.013(4)(a), F.S.
3 S. 509.242(1), F.S.
4 S. 509.013, F.S.

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3
Refusal of Admission and Ejection of Undesirable Guests
An operator of a public lodging or public food establishment may remove a guest or have a guest removed while on
the premises of the establishment for:5
 illegally possessing or dealing in controlled substances;
 being intoxicated, profane, lewd, or brawling;
 indulging in any language or conduct which disturbs the peace and comfort of other guests or which injures
the reputation, dignity, or standing of the establishment;
 failing to pay rent at the agreed-upon rental rate by the agreed-upon checkout time;
 failing to check out by the time agreed upon in writing by the guest and public lodging establishment
at check-in unless an extension of time is agreed to by the public lodging establishment and guest prior to
checkout;
 failing to make payment for food, beverages, or services; or
 being, in the opinion of the operator, detrimental to the establishment.

Section 509.141, F.S., provides that an operator of a public lodging or public food establishment may remove a
guest by notifying the guest that the establishment no longer desires to entertain him or her and the guest must
depart immediately. Notice may be given orally or in writing. If the notice is in writing it must state:6

“You are hereby notified that this establishment no longer desires to entertain you as its guest, and
you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under
the laws of this state.”

Current law does not state when notice is considered delivered.

Requirement for Law Enforcement Officers to Make Arrests
Any guest who remains or attempts to remain at an establishment after being noticed to leave is guilty of a second-
degree misdemeanor. An operator may request law enforcement for assistance to remove a guest. At the request of
an operator, a law enforcement officer must arrest any guest who refuses to depart in the presence of the officer.7

In 2015, HomeSuiteHome, an extended-stay public lodging establishment, brought a complaint against the Osceola
County Sheriff’s Office for failing to arrest guests who refused to depart in the presence of the sheriff’s officers.

The court ruled in favor of the Sheriff because the Sheriff did not refuse to arrest guests who refused to leave.
Instead, the Sheriff required his officers to determine if guests are transient before making an arrest.8

The Court ruled that ch. 509, F.S., does not set forth “concrete boundaries (such as length of stay or receipt of mail)”
that can be used to determine whether a guest is ‘transient’ or ‘nontransient.’” The Court further stated that the
rebuttable presumption that the occupancy is transient when the guest’s unit is not their sole residence, and the
rebuttable presumption that a guest is non-transient when the unit is their sole residence, by their nature require
a weighing of the evidence which defeats the argument that police officers do not have discretion to determine
whether a guest is transient before making an arrest and removing a guest.9

The Court further ruled that HomeSuiteHome’s agreements requiring guests to promise not to use units as their
permanent residence was not enough to rebut this presumption, and it would be improper for the Sheriff’s officers
to make arrests solely by referring to the agreements.10

5 S. 509.141(1), F.S.
6 S. 509.141(2), F.S.
7 S. 509.141(3) and (4), F.S.
8 HSH Eastgate, LLC v. Sheriff of Osceola County, Florida, 2015 WL 3465795 (M.D. Fla. 2015)
9 Id. at 3-4.
10 Id.

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4
If a guest is considered “nontransient” instead of “transient” then the establishment will have to go through the
Florida Residential Landlord and Tenant Act to remove the guest.11

Florida Residential Landlord and Tenant Act
The Residential Landlord and Tenant Act (Act), codified in part II of ch. 83, F.S., governs the rental of a dwelling
unit in Florida. In Florida, landlords can evict tenants for reasons such as non-payment of rent, lease violations, or
illegal activities. The eviction process involves providing written notice, filing a lawsuit, and obtaining a writ of
possession. The process includes the following processes:12
 Notice:
o Landlords must provide written notice to the tenant.
o The notice must specify the reason for eviction and the timeframe for compliance.
o The notice time period depends on the reason for eviction.
 Eviction lawsuit:
o If the tenant does not comply with the notice, the landlord can file an eviction lawsuit in court.13
o The court will schedule a trial where both parties can present evidence and testimony.14
o If the landlord prevails, the clerk of court will issue a writ of possession.15
 Writ of possession:
o The writ of possession orders the sheriff to remove the tenant from the property.
o The tenant has 24 hours to vacate before the sheriff returns to remove them.16

Public Food Service Establishments
In addition to regulating public lodging establishments, the Division is also responsible for enforcing laws relating
to the inspection and regulation of public food service establishments for the purpose of protecting the public
health, safety and welfare.17

A “public food service establishment” is 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.18

Current law provides that if a public food service establishment assesses an automatic gratuity or service charge,
they must include notice of the gratuity or charge on their food menu and on the face of the bill provided to the
customer.19

OTHER RESOURCES:
Florida Bar Journal, What Are You: A Hotel Guest, Tenant, or Transient Occupant?

11 Miguel J. Chamorro, What Are You: A Hotel Guest, Tenant, or Transient Occupant?, The Florida Bar (October 2018)

https://www.floridabar.org/the-florida-bar-journal/what-are-you-a-hotel-guest-tenant-or-transient-occupant/ (last visited
March 27, 2025).
12 S. 83.56, F.S.
13 S. 83.59, F.S.
14 S. 51.011, F.S.
15 S. 83.62, F.S.
16 Id.
17 S. 509.032(1), F.S.
18 S. 509.013(5)(a), F.S.
19 S. 509.214, F.S.

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5
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities 14 Y, 3 N, As CS 3/12/2025 Anstead Brackett
Subcommittee
THE CHANGES ADOPTED BY THE  Clarified that a hotel, motel, vacation rental, bed & breakfast, or timeshare
COMMITTEE: project is not considered a nontransient occupancy unless there is a
written agreement indicating such.
 Provided that a public lodging establishment’s specified checkout time for a
guest must be in writing.
 Provided that a public lodging’s notice to a guest to immediately depart
must be in writing if it’s because the guest failed to timely checkout or pay
for their unit.
 Provided that public food service establishments may charge automatic
gratuities or service charges to parties of six or more guests. The automatic
gratuities or service charges must:
o Be provided on every bill given to a guest and on every item or receipt
required to be signed by a guest.
o List who is receiving the gratuity or service charge and the percentage
they are receiving.
o Be based on the price of food or beverages before taxes if the charge is
based on the price of the food or beverages.
 Provided that a guest may not be required to pay an automatic gratuity or
service charge if he or she requests not to.
 Prohibited public food service establishments from charging automatic
gratuities or service charges to parties of less than six guests.
Criminal Justice Subcommittee 11 Y, 6 N 4/1/2025 Hall Leshko

Commerce Committee Hamon Brackett

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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 535 2025

1 A bill to be entitled
2 An act relating to public lodging and public food
3 service establishments; amending s. 509.013, F.S.;
4 revising definitions; amending s. 509.141, F.S.;
5 revising notification requirements for removing guests
6 from public lodging and public food service
7 establishments; revising penalty provisions; amending
8 s. 509.214, F.S.; authorizing public food service
9 establishments to include an automatic gratuity or
10 service charge in certain circumstances; requiring
11 such establishments to provide specified notice;
12 providing an exception; prohibiting automatic gratuity
13 or service charges in certain circumstances; providing
14 for the computation of automatic or suggested gratuity
15 or service charges; providing construction; providing
16 an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Paragraph (a) of subsection (4) and subsections
21 (11), (12), (14), and (15) of section 509.013, Florida Statutes,
22 are amended to read:
23 509.013 Definitions.—As used in this chapter, the term:
24 (4)(a) "Public lodging establishment" includes a transient
25 public lodging establishment as defined in subparagraph 1. and a

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26 nontransient public lodging establishment as defined in
27 subparagraph 2.
28 1. "Transient public lodging establishment" means any
29 unit, group of units, dwelling, building, or group of buildings
30 within a single complex of buildings which is rented to guests
31 more than three times in a calendar year for periods of less
32 than 30 consecutive days or 1 calendar month, whichever is less,
33 or which is advertised or held out to the public as a place
34 regularly rented to guests for periods of less than 30
35 consecutive days.
36 2. "Nontransient public lodging establishment" means any
37 unit, group of units, dwelling, building, or group of buildings
38 within a single complex of buildings which is rented to guests
39 for periods of at least 30 consecutive days or 1 calendar month,
40 whichever is less, or which is advertised or held out to the
41 public as a place regularly rented to guests for periods of at
42 least 30 consecutive days or 1 calendar month.
43
44 License classifications of public lodging establishments, and
45 the definitions therefor, are set out in s. 509.242. For the
46 purpose of licensure, the term does not include condominium
47 common elements as defined in s. 718.103.
48 (11) "Transient establishment" means any public lodging
49 establishment that is rented or leased to guests by an operator
50 for transient occupancy whose intention is that such guests'

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51 occupancy will be temporary.
52 (12) "Transient occupancy" means occupancy that is when it
53 is the intention of the parties that the occupancy will be
54 temporary. The term includes the occupancy of a dwelling unit at
55 a hotel, motel, vacation rental, bed and breakfast inn, or
56 timeshare project, as defined in s. 509.242, unless a written
57 rental or lease agreement expressly states that the dwelling
58 unit is the sole residence of the guest There is a rebuttable
59 presumption that, when the dwelling unit occupied is not the
60 sole residence of the guest, the occupancy is transient.
61 (14) "Nontransient establishment" means any public lodging
62 establishment that is rented or leased to guests by an operator
63 for nontransient occupancy whose intention is that the dwelling
64 unit occupied will be the sole residence of the guest.
65 (15) "Nontransient occupancy" means occupancy that is not
66 when it is the intention of the parties that the occupancy will
67 not be temporary. The term does not include the occupancy of a
68 dwelling unit at a hotel, motel, vacation rental, bed and
69 breakfast inn, or timeshare project, as defined in s. 509.242,
70 unless a written rental or lease agreement expressly states that
71 the dwelling unit is the sole residence of the guest There is a
72 rebuttable presumption that, when the dwelling unit occupied is
73 the sole residence of the guest, the occupancy is nontransient.
74 Section 2. Section 509.141, Florida Statutes, is amended
75 to read:

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76 509.141 Refusal of admission and ejection of undesirable
77 guests; notice; procedure; penalties for refusal to leave.—
78 (1) The operator of a any public lodging establishment or
79 public food service establishment may remove or cause to be
80 removed from such establishment, in the manner hereinafter
81 provided for in this section, any guest of the establishment
82 who:
83 (a) who, While on the premises of the establishment,
84 illegally possesses or deals in controlled substances as defined
85 in chapter 893 or is intoxicated, profane, lewd, or brawling;
86 (b) who Indulges in any language or conduct which disturbs
87 the peace and comfort of other guests or which injures the
88 reputation, dignity, or standing of the establishment;
89 (c) who, In the case of a public lodging establishment,
90 fails to make payment of rent at the agreed-upon rental rate by
91 the agreed-upon checkout time specified in writing by the public
92 lodging establishment;
93 (d) who, In the case of a public lodging establishment,
94 fails to check out by the time specified in writing by the
95 agreed upon in writing by the guest and public lodging
96 establishment at check-in, unless an extension of time is agreed
97 to by the public lodging establishment and guest before prior to
98 checkout;
99 (e) who, In the case of a public food service
100 establishment, fails to make payment for food, beverages, or

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101 services; or
102 (f) who, In the opinion of the operator, is a person the
103 continued entertainment of whom would be detrimental to such
104 establishment.
105
106 The admission to, or the removal from, such establishment shall
107 not be based upon race, creed, color, sex, physical disability,
108 or national origin.
109 (2) The operator of a any public lodging establishment or
110 public food service establishment shall notify the such guest
111 that the establishment no longer desires to entertain the guest
112 and shall request that the such guest immediately depart from
113 the establishment. The such notice may be given orally or in
114 writing. An operator of a public lodging establishment that
115 requests that a guest immediately depart due to the guest's
116 failure to check out or pay for the dwelling unit by check-out
117 time must provide the notice in writing via e-mail, text
118 message, or printed paper. The notice is effective upon
119 delivery, whether notice is provided in person or by telephone
120 or e-mail, using the contact information provided by the guest,
121 or, with respect to a public lodging establishment, upon
122 delivery to the guest's dwelling unit. If the notice is in
123 writing, it shall be as follows:
124 "You are hereby notified that this establishment no longer
125 desires to entertain you as its guest, and you are requested to

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126 leave at once. To remain after receipt of this notice is a
127 misdemeanor under the laws of this state."
128 If the such guest has paid in advance, the establishment shall,
129 at the time the such notice is given, tender to the such guest
130 the unused portion of the advance payment; however, the
131 establishment may withhold payment for each full day that the
132 guest has been entertained at the establishment for any portion
133 of the 24-hour period of the such day.
134 (3) A Any guest who remains or attempts to remain in any
135 such establishment after a request by the operator to depart
136 under subsection (2) commits being requested to leave is guilty
137 of a misdemeanor of the second degree, punishable as provided in
138 s. 775.082 or s. 775.083.
139 (4) If a guest remains any person is illegally on the
140 premises of a any public lodging establishment or public food
141 service establishment after a request by the operator to depart
142 under subsection (2), the operator of such establishment may
143 call upon a any law enforcement officer of this state for
144 assistance. It is the duty of the such law enforcement officer,
145 upon the request of the such operator, to remove a place under
146 arrest and take into custody for violation of this section any
147 guest who remains on the premises of such an establishment after
148 a request by the operator to depart under subsection (2).
149 (5) A law enforcement officer may place under arrest and
150 take into custody a guest who violates subsection (3) in the

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151 presence of the officer. If a warrant has been issued by the
152 proper judicial officer for the arrest of a any violator of
153 subsection (3), the officer shall serve the warrant, arrest the
154 person, and take the person into custody. Upon arrest, with or
155 without warrant, the guest is will be deemed to have given up
156 any right to occupancy or to have abandoned such right of
157 occupancy of the premises, and the operator of the establishment
158 may then make such premises available to other guests. However,
159 the operator of the establishment shall employ all reasonable
160 and proper means to care for any personal property which may be
161 left on the premises by the such guest and shall refund any
162 unused portion of moneys paid by the such guest for the
163 occupancy of the such premises.
164 Section 3. Section 509.214, Florida Statutes, is amended
165 to read:
166 509.214 Notification of Automatic gratuity or service
167 charge.—
168 (1)(a) A Every public food service establishment may
169 include which includes an automatic gratuity or service charge
170 in the price of food or beverages for parties of six or more
171 guests. the meal
172 (b) A public food service establishment shall include on
173 the food menu, and on the face of every bill provided to a
174 guest, and on the face of every item or receipt required to be
175 signed by a guest the bill provided to the customer notice that

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176 an automatic gratuity or service charge is included. The notice
177 must list the recipient of the gratuity or service charge and
178 the percentage the person or business entity is receiving.
179 (c) A guest is not required to pay an automatic gratuity
180 or service charge pursuant to this subsection if the guest
181 requests not to pay such gratuity or service charge.
182 (2) A public food service establishment may not include an
183 automatic gratuity or service charge in the price of food or
184 beverages for parties of fewer than six guests.
185 (3) If an automatic or suggested gratuity or service
186 charge is based on the price of the food or beverages purchased
187 by a guest, it must be based on the price of the food or
188 beverages before taxes.
189 (4) For purposes of this section, the terms "gratuity" and
190 "service charge" include any type of charge or required payment
191 other than the price of food or beverages.
192 Section 4. This act shall take effect July 1, 2025.

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COMMERCE COMMITTEE

CS/HB 535 by Rep. Johnson
Public Lodging and Public Food Service Establishments

AMENDMENT SUMMARY
April 22, 2025

Amendment 1, by Rep. Esposito (lines 164-192):
• Renames a charge for “automatic gratuity or service charge” an “operations charge.”
• Requires establishments to include notice of an operations charge on the:
o Food menu;
o Written contract; and
o Website or mobile app where orders are placed.
• Requires the notice to:
o include the amount or percentage of the charge, the purpose of the charge, and
requires the notice to be in a certain size font.
o clearly appear on the menu board or sign by the register if the establishment
does not have menus, table service, or certain written contracts.
o be on the face of the customer’s bill, and clearly state the percentage or amount
of the charge.
• Requires copies of the receipt to have separate lines for:
o gratuity,
o operations charges, and
o sales tax.
• Requires an operations charge that is an automatic gratuity, to be separately stated on
the receipt.
• Specifies that it does not create a private cause of action related to compliance with the
notice and listing of operations charges.

Amendment to Amendment 1, by Rep. Esposito (line 37):
• Prohibits a public food service establishment from charging an automatic gratuity if it
charges an operations charge that is used to compensate employees.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 535 (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 Esposito offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 164-192 and insert:
6 Section 3. Effective July 1, 2026, section 509.214,
7 Florida Statutes, is amended to read:
8 509.214 Notification of automatic operations gratuity
9 charge.—
10 (1) As used in this subsection, the term:
11 (a) “Gratuity” or “tip” means a sum presented by a
12 customer as a gift or contribution in recognition of service
13 performed, the payment and amount of which is at the discretion
14 of the customer.
15 (b) “Operations charge” means an automatic charge imposed
16 on a customer in addition to the cost of the food and beverage
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 535 (2025)
Amendment No. 1

17 purchased. If it is a fee or charge, other than a government-
18 imposed tax, that the customer is required to pay in addition to
19 the cost of the food and beverage purchased, it is an operations
20 charge. The term may include, but is not limited to, service
21 charges, automatic gratuities, credit card surcharges, and
22 delivery fees.
23 (2) Every public food service establishment which charges
24 an operations charge includes an automatic gratuity or service
25 charge in the price of the meal shall include a notice on the
26 food menu, written contract, and on the website or mobile
27 application where food and beverage orders are placed, as
28 applicable, that includes the amount or percentage of the
29 operations charge and the purpose of the operations charge. Such
30 notice must appear in a font that is equal to or greater than
31 the font used for menu item descriptions or the general
32 provisions of the written contract. If the public food service
33 establishment does not provide menus; table service; or written
34 contracts for banquet, catering, or event services, the
35 operations charge notice must appear in an obvious and clearly
36 readable manner on the menu board or on an obvious and clearly
37 readable sign by the register where the customer pays.
38 (3) There must be a notice and on the face of the bill
39 provided to the customer that an operations charge notice that
40 an automatic gratuity is included. The notice must clearly state
41 the percentage or amount of the operations charge.
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Amendment No. 1

42 (4) Every copy of the receipt the customer receives must
43 have separate lines for gratuity, operations charges, and sales
44 tax so that it is clear to the customer what is being charged.
45 If the operations charge is an automatic gratuity, it must be
46 separately stated on the receipt.
47 (5) This section does not create a private cause of action
48 related to compliance with the requirements of this section.
49 Section 4. Except as otherwise provided, this act shall
50 take effect July 1, 2025.
51
52 -----------------------------------------------------
53 T I T L E A M E N D M E N T
54 Remove lines 9-15 and insert:
55 s. 509.214, F.S.; providing definitions; authorizing
56 public food service establishments to include an
57 operations charge in certain circumstances; requiring
58 such establishments to provide specified notice;
59 requiring receipts to contain certain information;
60 specifying that this section does not create a private
61 cause of action; providing

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 535 (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 (754219) by Representative Esposito
5 Remove line 37 of the amendment and insert:
6 readable sign by the register where the customer pays. However,
7 a public food service establishment that charges an operations
8 charge that is used to compensate employees cannot also charge
9 an automatic gratuity.

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CS/CS/HB 561
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/CS/HB 561 COMPANION BILL: CS/SB 600 (Truenow)
TITLE: Manufacturing LINKED BILLS: CS/HB 563 Cobb
SPONSOR(S): Cobb, Redondo RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
14 Y, 0 N, As CS  Development Budget 
10 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill:
 Designates the Chief Manufacturing Officer among the Department of Commerce senior leadership to
support, promote, and coordinate manufacturing statewide; and
 Creates the voluntary Florida Manufacturing Promotional Campaign to increase consumer awareness of
manufacturing activities in Florida and expand market exposure for products and goods manufactured in
Florida.

Fiscal or Economic Impact:
The bill appears to have an indeterminate impact on state expenditures. However, the Department of Commerce
should be able to manage these new responsibilities within existing resources.

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

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

The bill requires that the Department must prepare a report on manufacturing efforts in the state, and submit the
report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December
15, 2026, and every two years thereafter. (Section 1).

Florida Manufacturing Promotional Campaign (Campaign)
The Legislature finds that there is a need for the Campaign to:
 Increase consumer awareness of manufacturing;
STORAGE NAME: h0561c.COM
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1
 Expand market exposure for manufactured products and goods; and
 Inspire future generations of entrepreneurs, fabricators, and skilled workers to build and grow domestic
businesses and manufacturing operations. (Section 3).

The Legislature also finds that the Campaign is a partnership between industry and the state to promote and
advertise such products efficiently. (Section 3).

The bill defines the following terms:
 Campaign;
 Department;
 Manufactured product; and
 Person. (Section 4).

The bill establishes the Campaign within the Department, under the Officer's supervision and in coordination with
the state Manufacturing Extension Partnership. The Campaign serves as a voluntary marketing program to
promote manufacturing products and businesses in Florida, including:
 Developing logos for the campaign and authorize the use of such logos as provided by rule;
 Registering campaign participants;
 Collecting rental receipts for industry promotions;
 Developing in-kind advertising programs; and
 Contracting with media representatives to disperse promotional materials. (Section 5).

The bill establishes that the Campaign’s participants must register annually with the Department in a form and
manner as prescribed by the Department. (Section 6).

The bill authorizes the Department to adopt rules to adopt any other necessary rules to ensure compliance with
the provision, including, but not limited to, logos, rules governing participant registration, registration renewal,
membership classes, application forms, and other forms and enforcement measures. (Section 7).

The bill provides an effective date of July 1, 2025. (Section 8).

RULEMAKING:
The bill provides the Department of Commerce with rulemaking authority to implement and administer the Florida
Manufacturing Promotional Campaign.

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

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill designates a Chief Manufacturing Officer among the Department senior leadership to promote
manufacturing statewide. According to the Department, they would require two full-time equivalent positions to
administer the responsibilities under the bill. However, the Department currently has approximately 237 vacant
positions and should be able to manage this workload within existing resources.

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

PRIVATE SECTOR:
The fiscal impact to the private sector is indeterminate. Manufacturing businesses may benefit from participating
in the Manufacturing Promotional Campaign.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Manufacturing
Florida has over 422,000 manufacturing jobs and ranks as the nation’s 10th largest manufacturing employer.1 Since
2014, Florida has increased manufacturing employment by 23.3 percent, which outpaced the other 11 states in the
top 12 for manufacturing.2 Manufacturing jobs generally pay higher wages than those in other industries. In 2022,
the average annual wage for manufacturing jobs was over $74,000, a 6.6 percent increase from 2021.3

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

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

Under the Local Manufacturing Development Program, a local government may adopt an ordinance establishing a
local manufacturing development program through which the local government may grant master development
approval for developing or expanding sites operated by manufacturers.7 Local governments may establish
procedures for a manufacturing development program that allows manufacturers to submit and, upon approval of
a master development plan, proceed with development without requiring additional local approvals, except for

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

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Apr. 7, 2025).
2 Id. at 2.
3 Id. at 10.
4 United States Census Bureau, North American Industry Classification System (NAICS), https://www.census.gov/naics/ (last

visited Apr. 7, 2025).
5 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Apr. 7, 2025).
6 Id. at 47
7 S. 163.3252, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
building permits.8 The approval process must be coordinated with the Department.9 Additionally, the Department
has developed a model local manufacturing development program ordinance to guide local governments that
intend to establish a local manufacturing development program.10 Currently, only Manatee and Volusia County
have adopted an ordinance.11

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

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

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

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

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

https://floridajobs.org/community-planning-and-development/programs/community-planning-table-of-
contents/manufacturing-competitiveness-act-development-approval-program (last visited Apr. 7, 2025).
12 S. 445.004(1), F.S.
13 See CareerSource Florida, About Us, available at https://careersourceflorida.com/ (last visited Apr. 7, 2025).
14 Florida Commerce, Local Workforce Development Boards, https://www.floridajobs.org/local-workforce-development-

board-resources/workforce-development-boards/local-workforce-development-boards (last visited Apr. 7, 2025).
15 S. 288.101(1), F.S.
16 See s. 288.101(2), F.S.
17 National Institute of Standards and Technology (NIST), MEP National Network, https://www.nist.gov/mep/mep-national-

network (last visited Apr. 7, 2025).
18 Id.
19 Id.
20 FloridaMakes, About us, https://www.floridamakes.com/about-us/how-we-help (last visited Apr. 7, 2025).
21 FloridaMakes, News, Blogs & Events, https://www.floridamakes.com/blogs/frances-nevill/2024/06/04/spotlight-on-

floridas-inaugural-manfucturing-repor (last visited Apr. 7, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 0 N, As CS 4/1/2025 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE The PCS:
COMMITTEE:  Removed the provision that created the Statewide Office of
Manufacturing.
 Clarified that participation in the Florida Manufacturing Promotional
Campaign is voluntary.
Transportation & Economic 10 Y, 0 N, As CS 4/10/2025 Davis McAuliffe
Development Budget
Subcommittee
THE CHANGES ADOPTED BY THE The amendment removed the Florida Manufacturer’s Workforce Development
COMMITTEE: Grant Program from the bill.
Commerce Committee Hamon Rodriguez

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/CS/HB 561 2025

1 A bill to be entitled
2 An act relating to manufacturing; amending s. 20.60,
3 F.S.; revising the duties of the Department of
4 Commerce; creating s. 20.6051, F.S.; establishing the
5 Chief Manufacturing Officer among the senior
6 leadership of the department; providing that the Chief
7 Manufacturing Officer is appointed by and serves at
8 the pleasure of the Secretary of Commerce; providing
9 responsibilities for the Chief Manufacturing Officer;
10 directing all state and local governmental entities to
11 assist the Chief Manufacturing Officer; requiring the
12 department to prepare a report regarding manufacturing
13 efforts in this state; requiring the department to
14 submit its report on a specified date and biennially
15 thereafter to the Governor and the Legislature;
16 requiring that the report include certain information;
17 creating s. 288.1031, F.S.; providing legislative
18 findings; creating s. 288.1032, F.S.; providing
19 definitions; creating s. 288.1033, F.S.; creating the
20 Florida Manufacturing Promotional Campaign within the
21 department; providing the purpose of the campaign;
22 requiring the department to take certain actions in
23 promoting the campaign; creating s. 288.1034, F.S.;
24 requiring persons that participate in the campaign to
25 register annually with the department; creating s.

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CS/CS/HB 561 2025

26 288.1036, F.S.; authorizing the department to adopt
27 rules; authorizing the department to establish, by
28 rule, the logos or product identifiers to be depicted
29 for use in the campaign; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Paragraph (m) is added to subsection (4) of
34 section 20.60, Florida Statutes, to read:
35 20.60 Department of Commerce; creation; powers and
36 duties.—
37 (4) The purpose of the department is to assist the
38 Governor in working with the Legislature, state agencies,
39 business leaders, and economic development professionals to
40 formulate and implement coherent and consistent policies and
41 strategies designed to promote economic opportunities for all
42 Floridians. The department is the state's chief agency for
43 business recruitment and expansion and economic development. To
44 accomplish such purposes, the department shall:
45 (m) Encourage and oversee manufacturing in this state in
46 coordination with the Chief Manufacturing Officer.
47 Section 2. Section 20.6051, Florida Statutes, is created
48 to read:
49 20.6051 Chief Manufacturing Officer.—
50 (1) There shall be designated among the senior leadership

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CS/CS/HB 561 2025

51 of the Department of Commerce a Chief Manufacturing Officer for
52 the purpose of supporting the manufacturing ecosystem statewide.
53 The Chief Manufacturing Officer is appointed by and serves at
54 the pleasure of the Secretary of Commerce.
55 (2) The Chief Manufacturing Officer shall:
56 (a) Serve as a subject-matter expert for the state on
57 issues related to manufacturing.
58 (b) Be responsible for promoting and coordinating
59 manufacturing efforts in this state and identifying gaps across
60 state-supported activities.
61 (c) Provide strategic direction for interagency and cross-
62 disciplinary initiatives to promote and support manufacturing in
63 this state.
64 (d) Work with federal, state, regional, and local
65 governmental entities and nongovernmental entities to align
66 manufacturing priorities in this state.
67 (e) Engage with state agencies and water management
68 districts to innovate processes, programs, decision frameworks,
69 and reporting mechanisms intended to support manufacturing in
70 this state.
71 (3) All state and local governmental entities shall assist
72 the Chief Manufacturing Officer to the extent such assistance is
73 consistent with law and with budgetary constraints.
74 (4) The department shall prepare a report, in consultation
75 with the Chief Manufacturing Officer and the state Manufacturing

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CS/CS/HB 561 2025

76 Extension Partnership, regarding manufacturing efforts in this
77 state. The department shall submit the report to the Governor,
78 the President of the Senate, and the Speaker of the House of
79 Representatives by December 15, 2026, and every 2 years
80 thereafter. The report must include information regarding the
81 strength and economic importance of the manufacturing industry
82 in this state.
83 Section 3. Section 288.1031, Florida Statutes, is created
84 to read:
85 288.1031 Legislative findings.—The Legislature finds that
86 there is a need for the Florida Manufacturing Promotional
87 Campaign, established in s. 288.1033, to increase consumer
88 awareness of manufacturing activities in this state, to expand
89 market exposure for manufactured products and goods in this
90 state, and to inspire future generations of entrepreneurs,
91 fabricators, and skilled workers to build and grow domestic
92 businesses and manufacturing operations in this state. The
93 Legislature further finds that a campaign that creates a
94 partnership between industry and this state is necessary to
95 promote and advertise such products efficiently.
96 Section 4. Section 288.1032, Florida Statutes, is created
97 to read:
98 288.1032 Definitions.—As used in ss. 288.1031-288.1036,
99 the term:
100 (1) "Campaign" means the Florida Manufacturing Promotional

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CS/CS/HB 561 2025

101 Campaign.
102 (2) "Department" means the Department of Commerce.
103 (3) "Manufactured product" means any tangible personal
104 property that has been fabricated or produced, often through
105 industrial or mechanical processes. The term includes items sold
106 or leased to consumers.
107 (4) "Person" means an individual, a firm, a partnership, a
108 corporation, an association, a business, a trust, a legal
109 representative, or any other business unit.
110 Section 5. Section 288.1033, Florida Statutes, is created
111 to read:
112 288.1033 Florida Manufacturing Promotional Campaign;
113 purpose; duties of the department.—There is created within the
114 department, under the supervision of the Chief Manufacturing
115 Officer and in coordination with the state Manufacturing
116 Extension Partnership, the Florida Manufacturing Promotional
117 Campaign. The purpose of the campaign is to serve as a voluntary
118 marketing program to promote manufacturing products and
119 businesses in this state. In promoting the campaign, the
120 department shall do all of the following:
121 (1) Develop logos for the campaign and authorize the use
122 of such logos as provided by rule.
123 (2) Register campaign participants.
124 (3) Collect rental receipts for industry promotions.
125 (4) Develop in-kind advertising programs.

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CS/CS/HB 561 2025

126 (5) Contract with media representatives for the purpose of
127 dispersing promotional materials.
128 Section 6. Section 288.1034, Florida Statutes, is created
129 to read:
130 288.1034 Registration.—A person that participates in the
131 Florida Manufacturing Promotional Campaign must register
132 annually with the department in a form and manner as prescribed
133 by the department.
134 Section 7. Section 288.1036, Florida Statutes, is created
135 to read:
136 288.1036 Rulemaking authority.—The department may adopt
137 rules to implement and administer the Florida Manufacturing
138 Promotional Campaign. By rule, the department may establish the
139 logos or product identifiers to be depicted for use in the
140 campaign for advertising, publicizing, and promoting the sale of
141 manufactured products in this state. The department may also
142 adopt any other rules deemed necessary to ensure compliance with
143 the Florida Manufacturing Promotional Campaign, including, but
144 not limited to, rules governing participant registration,
145 renewal of registration, classes of membership, application
146 forms, and other forms and enforcement measures.
147 Section 8. This act shall take effect July 1, 2025.

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CS/HB 563
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 563 COMPANION BILL: CS/SB 602 (Truenow)
TITLE: Fees/Florida Manufacturing Promotional LINKED BILLS: CS/CS/HB 561 Cobb, Redondo
Campaign RELATED BILLS: None
SPONSOR(S): Cobb
Committee References
Housing, Agriculture & Tourism Transportation & Economic Commerce
14 Y, 0 N, As CS  Development Budget 
10 Y, 0 N

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

Fiscal or Economic Impact:
The bill appears to have a net zero fiscal impact on state revenues and expenditures.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

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

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

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill appears to have a net zero fiscal impact on state revenues and expenditures. There could be an
indeterminate, positive fiscal impact on state revenues deposited in the Economic Development Trust Fund from
private sector business participants. State expenditures to administer the Florida Manufacturing Promotional
Campaign, however, should meet but not exceed such collections.

PRIVATE SECTOR:
Those businesses who register to participate in the Florida Manufacturing Promotional Campaign may experience
increased market exposure and additional business. These registrants will also pay an annual fee not to exceed
$100 to support the Campaign.

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

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

visited Apr. 7, 2025).
5 Department of Commerce, 2023 Florida Manufacturing, https://www.floridajobs.org/docs/default-

source/communicationsfiles/2023-florida-manufacturing-report.pdf (last visited Apr. 7, 2025).
6 Id. at 47
7 S. 163.3252, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
building permits.8 The approval process must be coordinated with the Department.9 Additionally, the Department
has developed a model local manufacturing development program ordinance to guide local governments that
intend to establish a local manufacturing development program.10 Currently, only Manatee and Volusia County
have adopted an ordinance.11

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

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

board-resources/workforce-development-boards/local-workforce-development-boards? (last visited Apr. 7, 2025).
15 S. 288.101(1), F.S.
16 See s. 288.101(2), F.S.
17 National Institute of Standards and Technology (NIST), MEP National Network, https://www.nist.gov/mep/mep-national-

network? (last visited Apr. 7, 2025).
18 Id.
19 Id.
20 FloridaMakes, About us, https://www.floridamakes.com/about-us/how-we-help (last visited Apr. 7, 2025).
21 FloridaMakes, News, Blogs & Events, https://www.floridamakes.com/blogs/frances-nevill/2024/06/04/spotlight-on-

floridas-inaugural-manfucturing-repor (last visited Apr. 7, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
and charge for service.”22 Section 19 of Article VII of the State Constitution also requires that a tax or fee raised by
the Legislature must be approved by two-thirds of the membership of each house of the Legislature.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 0 N, As CS 4/1/2025 Curtin Rodriguez
Subcommittee
THE CHANGES ADOPTED BY THE The PCS:
COMMITTEE:  Removed rulemaking authority from the Department to establish
registration and renewal fees to fund the cost of administering the
Florida Manufacturing Promotional Campaign.
 Established that the Department shall assess and collect an annual
registration fee not exceeding $100 per registrant, which will be used
to fund the costs associated with administering the voluntary Florida
Manufacturing Promotional Campaign.
Transportation & Economic 10 Y, 0 N 4/10/2025 Davis McAuliffe
Development Budget
Subcommittee
Commerce Committee Hamon Rodriguez

22 FLA. CONST. art. VII, s. 19(d)(1).

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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 563 2025

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

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CS/HB 563 2025

26 extension thereof and becomes a law.

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CS/CS/HB 567
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 567 COMPANION BILL: CS/CS/CS/SB 462 (DiCeglie)
TITLE: Transportation LINKED BILLS: None
SPONSOR(S): McFarland RELATED BILLS: None
Committee References
Economic Infrastructure Transportation & Economic Commerce
16 Y, 0 N, As CS  Development Budget 
10 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill addresses several matters related to the Florida Department of Transportation (DOT) and state
transportation policy, including:
 DOT contracting authority and practices,
 Metropolitan Planning Organizations,
 Traffic signal modernization,
 Speed limits,
 DOT district boundaries,
 Funding for educational heavy equipment simulators,
 Widening of I-4 segments,
 The Sarasota Manatee Airport Authority,
 The Greater Miami Expressway Agency,
 Expectant mother parking permits, and
 Local regulation of electric bicycles and motorized scooters.

The effective date of the bill is July 1, 2025.

Fiscal or Economic Impact:
The bill creates new responsibilities and requirements for DOT, however, the fiscal impact of these provisions is
indeterminate. This bill contains no appropriations, and it is anticipated that any workload or need for increased
expenditures will be absorbed within existing Work Program or other operational resources.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill addresses numerous changes related to the Florida Department of Transportation (DOT) and Florida
transportation policy.

County Transportation Project Data (Section 1)

The bill requires each county to annually provide the Office of Economic and Demographic Research (EDR) the
following information for revenues received from the Charter County and Regional Transportation System Surtax:
 The total proceeds from the surtax received by the county.
 The amount allocated by the county for road and bridge projects.
 The total expenditures for road and bridge projects.
 The unexpended balances of funds allocated to road and bridge projects by category.
 A list of current road and bridge projects, including the project cost, location, and scope.
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1
 The amount allocated by the county to all other authorized uses of the proceeds from the surtax, excluding
road and bridge projects and the payment or pledge of bonds for the construction of roads and bridges.

The bill requires EDR, in consultation with the Department of Transportation (DOT), to establish and define broad
categories for reporting this information, including, but not limited to, widening, repair and rehabilitation,
sidewalks, or payment or pledge of bonds for the construction of roads and bridges.

Each county must report the information required in the format specified by EDR and EDR must compile the
information from each county into a report and submit the report to the President of the Senate, the Speaker of the
House of Representatives, and DOT.

Traffic Signal Modernization Program (Section 20)

The bill directs DOT to implement the Next-generation Traffic Signal Modernization Program (Next-gen Program).
Under the bill, the Next-gen Program will consist of:
 Retrofitting existing traffic signals and controllers, and
 Providing a communication backbone for remote operations and management of such signals on the State
Highway System and nonstate highway system.

The bill requires DOT to prioritize such signal upgrades based on average annual daily traffic and the impact of
adding to an existing interconnected system.

Under the bill, the program must consist of an advanced traffic management platform that uses state-of-the-art
technology to deliver accurate detection in all weather conditions, offering fully integrated stop bar and advance
detection, alongside dilemma zone and pedestrian protection.

In addition to supporting time-of-day signal timing plans, the program must provide real-time traffic optimization
to improve flow and enhance safety.

The bill requires the program to be compliant with leading cybersecurity standards, such as SOC 2 and ISO 27001,
in order to ensure robust data protection.

Speed Limits (Sections 3 and 4)

The bill authorizes DOT to determine the safe and available minimum speed limit on all highways that are a part of
the National System of Interstate and Defense Highways and have at least four lanes.

The bill increases the maximum allowable speed limit as follows:
 The maximum allowable speed limit on limited access highways is 75 miles per hour.
 The maximum allowable speed limit on any other highway that is outside of an urban area and has at least
four lanes divided by a median strip is 70 miles per hour.
 DOT may set the maximum speed limit for travel over other roadways not to exceed a maximum speed
limit of 65 miles per hour.

The bill also provides that a person may not create an excessive wake while operating a motor vehicle, vessel, or
other conveyance on a flooded street or highway. (Section 7)

Electric Bicycles, Motorized Scooters, and Mircomobility Devices (Sections 5 and 6)

The bill further specifies the authority of local governments over electric bicycles, motorized scooters, and
micromobility devices to expressly include the authority to:
 Adopt an ordinance providing one or more minimum age requirements for such devices.
 Adopt an ordinance requiring an operator of such devices to possess a government-issued
photographic identification.

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2
 Provide training on safe operation of such devices and compliance with the traffic laws of this state
which are applicable to such devices.

Expectant Mother Parking (Section 8)

Under the bill, the Florida Department of Highway Safety and Motor Vehicles (DHSMV) must issue expectant
mother parking permit placards or decals to an expectant mother who submits an application. Such placards and
decals are valid for 1 year after the date of issuance.

The bill provides that DHSMV must, by rule, provide for the design, size, color, and placement of the expectant
mother parking permit placard or decal. DHSMV must ensure that the placard or decal conspicuously displays the
expiration date.

Under the bill, the application for an expectant mother parking permit must include, but is not limited to:
 Certification by a licensed physician that the applicant is an expectant mother.
 The certifying physician’s certification number.
 The following statement in bold letters: “An expectant mother parking permit may be issued only to an
expectant mother and is valid for up to 1 year after the date of issuance.”
 The signatures of the certifying physician, the applicant, and the employee of DHSMV processing the
application.

The bill provides that notwithstanding any other provision of law, an expectant mother who is issued a permit
under this section may park a motor vehicle in a parking space designated for persons who have disabilities as
provided in s. 553.5041, F.S.

Eminent Domain Authority (Section 10)

The bill restates DOT’s ability to purchase property or property rights in advance to preserve a corridor for future
proposed improvements.

Center for Urban Transportation Research (Section 1111)

The bill removes statutory language requiring the Center for Urban Transportation Research (CUTR) to be
administered by the Board of Governors of the State University System and alters the composition of the advisory
board for CUTR. The bill adds the following members to the advisory board.
 A member appointed by the President of the Senate,
 A member appointed by the Speaker of the House of Representatives,
 The Secretary of Transportation or his or her designee, and
 The Secretary of Commerce or his or her designee.

The bill also limits the number of remaining members nominated by the University of South Florida to four and
removes a requirement that these remaining members must be reviewed and approved by the Florida
Transportation Commission and confirmed by the Board of Governors of the State University System .

Project Concept Studies (Section 12)

Under the bill, all project concept studies and project development and environmental studies for capacity
improvement projects on limited-access facilities1 must include the evaluation of alternatives that provide
transportation capacity using elevated roadways above existing lanes. Additionally, project development and
environmental studies for new alignment projects and new capacity improvement projects must be completed to
the maximum extent possible within 18 months after commencement.

1 Section 338.01, F.S., allows DOT to establish limited-access facilities, the primary function of which is to allow high-speed and

high-volume traffic movements within the state.
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3
DOT Contracting

Awarding Contracts (Section 13)

The bill provides that if DOT intends to reject all bids on any project after announcing, but before posting, official
notice of its intent, the bill requires DOT to provide to the lowest responsive, responsible bidder the opportunity to
negotiate the scope of work, with a corresponding reduction in price, to provide its best and final offer without
filing a protest or posting a bond. Upon reaching a decision regarding the lowest bidder’s best and final offer, DOT
must post notice of final agency action to either reject all bids or accept the best and final offer.

This does not prohibit any bidder from filing a protest or alter the statutory deadlines related to bid protests found
in s. 120.57(3), F.S.

The bill provides that notwithstanding s. 120.57(3)(c), F.S., relating to bid protests, and s. 287.057(25), F.S.,
relating to a disclosure on the procurement of solicitations, upon receipt of a timely-filed formal written protest,
DOT may continue the process for awarding contracts with a DOT estimate of $100 million or less, but it may not
take final agency action as to the lowest responsive and responsible bidder except as part its final agency action in
the protest or upon the protesting party’s dismissal of the protest.

Phased Design-Build Contracts (Section 13)

The bill states that for design-build contracts, DOT must receive at least three letters of interest. From those letters
of interest, DOT must request proposals from no fewer than three of the design-build firms submitting such letters.
If a design-build firm withdraws from consideration after DOT requests proposals, DOT may continue if at least
two proposals are received.

For phased design-build projects, the bill requires DOT to competitively award the contract to a qualified firm,
provided that DOT receives at least three statements of qualification from qualified firms. If during phase one of a
project, DOT elects, based upon qualifications, to enter into contracts with more than one design-build firm, DOT
must competitively select the phase-two contract to a single design-build firm. For phase two, the design-build firm
may independently perform portions of the work and shall competitively bid construction trade subcontractor
packages. Based upon the design-build firm’s estimates of its independently performed work and these bids, it may
negotiate with DOT a guaranteed maximum price that meets the project’s previously advertised budget and scope.

Marine General Liability Insurance (Section 13)

The bill requires for a contract let by DOT on or after July 1, 2025, work requiring a contractor to have marine
general liability insurance, must include protection and indemnity coverage. The contractor may receive this
additional coverage by an endorsement on its marine general liability insurance policy or from a separate
insurance policy.

Applications for Qualification (Section 14)

The bill authorizes DOT to waive its prequalification requirements for a push-button contract or task work order
contract of $1 million or less.

Contractor Certification (Section 14)

The bill increases the maximum contract amount for which DOT may waive bond requirements from $150,000 to
$250,000.

Maintenance Contracts (Section 14)

The bill requires a contractor seeking to bid on a maintenance contract for which the majority of the work includes
repair and replacement of safety appurtenances, including, but not limited to, guardrails, attenuators, traffic

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4
signals, and striping, to possess the prescribed qualifications, equipment, record, and experience to perform such
repair and replacement.

State Arbitration Board (Section 15)

The bill states that a contractor may submit a claim between $250,000 to $2 million per contract, or if agreed upon
by the parties, a claim greater than $2 million per contract to be arbitrated by the State Arbitration Board.
Additionally, the bill states that at a subsequent de novo trial, only sworn testimony in connection with an
arbitration hearing may be used for any purpose otherwise permitted by the Florida evidence code.

Under the bill, an arbitration request may not be made to the Board before final acceptance but must be made to
the Board within 360 days after written notice by DOT of a claim related to a written warranty or defect after final
acceptance.

Suits By and Against DOT (Section 16)

The bill provides that suits may be commenced within 360 days after written notice by DOT of a claim related to a
written warranty or defect after final acceptance.

Metropolitan Planning Organizations (Sections 9 and 17)

The bill removes the duty of Space Florida2 to partner with the Metropolitan Planning Organization Advisory
Council to coordinate and specify how aerospace planning and programming will be part of the state’s cooperative
transportation planning process.

The bill modifies the legislative intent related to the establishment of Metropolitan Planning Organizations
(M.P.O.s) to emphasize:
 The development of multimodal transportation systems, instead of surface transportation systems; and
 Serving the mobility needs of people and freight and fostering economic growth and development within
and through urbanized areas of this state while balancing conservation of natural resources.

Under the bill, no additional M.P.O.’s may be designated after July 1, 2025, except in urbanized areas, as defined by
the United States Bureau of the Census, where the urbanized area boundary is not contiguous to an urbanized area
designated before the 2020 census. The bill removes requirements that new M.P.O.s designated within an existing
urbanized area must meet.

The bill revises the items that each M.P.O. must consider when developing its long-range transportation plan
(LRTP) and Transportation Improvement Program (TIP) to include projects and strategies that will conserve
natural resources and reduce traffic and congestion where feasible.

The bill eliminates an obsolete provision that required by December 31, 2023, the M.P.O.'s serving Hillsborough,
Pasco, and Pinellas Counties to submit a report on the feasibility of consolidation into a single M.P.O.

The bill requires DOT, at least annually, to convene M.P.O.s of similar size for the purpose of exchanging best
practices and allows M.P.O.s to develop committees or working groups as needed to accomplish this purpose. This
replaces the provision of law that allows M.O.O.s the discretion and flexibility to coordinate as they see fit with
other M.P.O.s and political subdivisions.

The bill provides that training for new M.P.O. governing board members must be provided by DOT and by either
CUTR or by the Implementing Solutions from Transportation Research and Evaluation of Emerging Technologies
Program (I-STREET).

2 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.
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5
The bill revises the requirements for an M.P.O.’s LRTP by:
 Removing the provision that requires the Metropolitan Planning Organization Advisory Council to review
the LRTPs of certain M.P.O.s.
 Allowing, in the financial plan requirement, public-private partnerships to be included as an innovative
financing technique to be used to fund needed projects and programs.
 Revising the list of proposed transportation enhancement activities that an M.P.O. must indicate, as
appropriate, to include integration of advanced air mobility and integration of autonomous, electric, and
alternative-fuel vehicles, electric bicycles, and motorized scooters used for freight, commuter, or
micromobility purposes. The list of such activities is no longer required to indicate historic preservation,
mitigation of water pollution due to highway runoff, and control of outdoor advertising.

The bill creates the following M.P.O. accountability and transparency provisions:
 Allows each M.P.O. to execute a written agreement with DOT, which must be reviewed and updated as
necessary every 5 years, which clearly establishes the cooperative relationship essential to accomplish the
transportation planning requirements of state and federal law. Roles, responsibilities, and expectations for
accomplishing consistency with federal and state requirements and priorities must be described and
formalized in the agreement. The agreement must describe and formalize the M.P.O.'s responsibility, in
collaboration with DOT, to identify, prioritize, and present to DOT a complete list of multimodal
transportation projects consistent with the needs of the metropolitan planning area. It is DOT's
responsibility to program projects in the Statewide Transportation Improvement Program (STIP) in
collaboration with the M.P.O.’s.
 Requires DOT to establish, in collaboration with the M.P.O.'s, quality performance metrics such as safety,
infrastructure condition, congestion relief, and mobility. Each M.P.O. must, as part of its LRTP, in direct
coordination with DOT, develop targets for each performance measure within the metropolitan planning
area boundary. The performance targets must support efficient and safe movement of people and goods
both within the metropolitan planning area and between regions. Each M.P.O. must report progress toward
establishing performance targets for each measure annually in its TIP. DOT must evaluate and post on its
website whether each M.P.O. has made significant progress toward its target for the applicable reporting
period.

The bill repeals the Metropolitan Planning Organization Advisory Council (MPOAC).

Strategic Intermodal System Highway Corridors (Section 18)

The bill requires DOT, in its Strategic Intermodal System (SIS) highway corridors plan of projects, to prioritize
projects addressing gaps in a corridor so that the corridor becomes contiguous.

Funding for Florida College System Equipment Simulators (Section 19)

The bill authorizes DOT in the fiscal years 2025-2026 through 2029-2030 to expend up to $5 million per fiscal year
for grants to Florida College System institutions and high schools for the purchase of equipment simulators with
authentic original equipment manufacturer controls.

Under the bill, each grant recipient must offer an elective course in heavy civil construction, the curriculum of
which is specifically designed to use the simulator and other instructional aides to, at a minimum, provide the
student with OSHA 10 Construction certification and an equipment simulator certification.

The bill requires that in awarding such grants, DOT must give priority to Florida College System institutions and
high schools in rural communities.3

Widening of Interstate 4 (Section 22)

3 The term “rural communities” is defined in s. 288.0656(2), F.S.

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6
The bill states that the Legislature finds that the widening of the portion of Interstate 4 (I-4) between U.S. Highway
27 in Polk County and Interstate 75 in Hillsborough County is in the public and strategic interest of the region to
improve the movement of people and goods.

The bill directs DOT to develop a report that includes, but is not limited to, detailed costs for project development
and environmental studies, design, acquisition of rights-of-way, and construction and a schedule to complete the
widening as expeditiously as possible. The bill requires the report to identify funding shortfalls and strategies to
address such shortfalls, including but not limited to, using express lane toll revenues generated on the I-4 corridor
and other available DOT funds for public-private partnerships.

Under the bill, DOT must submit the report by December 31, 2025, to the Governor, the President of the Senate,
and the Speaker of the House of Representatives.

DOT District Boundaries (Section 23)

The bill directs DOT to submit a report to the Governor, President of the Senate, and Speaker of the House of
Representatives by October 31, 2025, that provides a comprehensive review of the boundaries of each of DOT’s
districts and whether any district’s boundaries need to be redrawn as a result of population growth and increased
urban density.

Sarasota Manatee Airport Authority (Section 24)

The bill establishes a pilot program at the Sarasota Manatee Airport Authority (SMAA) in order to determine long-
term feasibility of alternative airport permitting procedures.

The bill directs DOT to adopt rules as necessary to implement the program.

Under the bill, DOT must submit recommendations to the President of the Senate and the Speaker of the House of
Representatives about how to expand the pilot program to additional airports, amend the pilot program to
increase effectiveness, or terminate the pilot program.

The bill provides a repeal date for the SMAA pilot program of June 30, 2028, unless reviewed and reenacted by the
Legislature.

Greater Miami Expressway Agency (Section 25)

The bill provides that the two members of the Greater Miami Expressway Agency appointed by the board of county
commissioners of Miami-Dade County must be residents of an unincorporated portion of the county and reside
within 15 miles of an agency toll road.

The bill updates cross references in accordance with the provisions of the bill. (Section 21)

The bill provides an effective date of July 1, 2025. (Section 26)

RULEMAKING:
The bill authorizes DHSMV to provide, by rule, for the design, size, color, and placement of the expectant mother
parking permit placard or decal.

The bill authorizes DOT to adopt rules necessary to implement the SMAA pilot program.

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7
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill creates new responsibilities and requirements for DOT, however, the fiscal impact of these provisions is
indeterminate.

The bill authorizes, but does not necessarily require, additional funding within the Work Program or other existing
department operational resources. The bill uses permissive language allowing DOT to expend up to $5 million per
fiscal year for grants to Florida College System institutions and high schools for the purchase of equipment
simulators.

The bill requires DOT to implement the Next-generation Traffic Signal Modernization Program which would
require DOT to retrofit all existing traffic signals and controllers on the State Highway System and nonstate
highway system. The fiscal impact of this provision on the department is indeterminant but likely significant.
However, there is no completion date established in the bill so it is likely the DOT can make these improvements
through the Work Program gradually, thus leveling out expenditures over a period of time. The DOT will also incur
indeterminate costs to develop a report regarding the widening of I-4 as required by the bill. The bill establishes a
pilot program regarding alternative permitting procedures at the Sarasota Manatee Airport Authority and requires
DOT to adopt rules to implement the program and submit recommendations to the Legislature. This bill contains
no appropriations and it is anticipated that any workload or need for increased expenditures will be absorbed
within existing Work Program or other operational resources.

The bill requires EDR to collect certain fiscal information from counties and report their findings to the Legislature
and DOT.

The DOT has not provided a fiscal impact or policy analysis for this bill.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
County Transportation Project Data

Annually, each county and municipality must provide DOT with uniform program data. Uniform program data
must include, but is not limited to, details on transportation receipts and expenditures, and on the number of miles
of road under the local governmental entity’s jurisdiction. DOT must compile this data and, upon request, furnish
its compilation to any interested person.4

Traffic Signals

DOT is required by Florida law to adopt a uniform system of traffic control devices for use on the streets and
highways of the state.5 To meet this requirement, it has adopted the U.S. Department of Transportation, Federal
Highway Administration's Manual on Uniform Traffic Control Devices (MUTCD).6 The MUTCD is a compilation of
national standards for all traffic control devices, including road markings, highway signs, and traffic signals. The
MUTCD defines the standards used by road managers nationwide to install and maintain traffic control devices on
all public streets, highways, bikeways, and private roads open to public travel.

Section 316.075, F.S., details the guidelines for traffic signal control devices.

Speed Limits

4 S. 218.322, F.S.
5 S. 316.0745(1), F.S.
6 R. 14-15.010, F.A.C.

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8
Florida law prohibits a person from driving a vehicle on a highway at a speed greater than what is reasonable and
prudent under current conditions and with regard to actual and potential hazard.7

Florida law also establishes minimum speed limits. On all highways on the National System of Interstate and
Defense that have four or more lanes, the minimum speed is 40 miles per hour, except that when the posted speed
limit is 70 miles per hour, then the minimum speed is 50 miles per hour.8 Current law establishes the following
maximum allowable speed limits:
 On limited access highways - 70 miles per hour.9
 On divided highways outside an urban area of 5,000 or more persons, with at least four lanes - 65 miles per
hour.10
 On other DOT roadways - as DOT deems safe and advisable, but not to exceed 60 miles per hour.11

Speeding violations are noncriminal traffic infractions, punishable as moving violations.12 The statutory fines,
based on the miles per hour above the speed limit are as follows:
 1-5 mph -Warning
 6-9 mph - $25
 10-14 mph - $100
 15-19 mph - $150
 20-29 mph - $175
 30 mph and above - $25013

Electric Bicycles, Motorized Scooters, and Micromobility Devices

Under Florida law, the operator of an electric bicycle or motorized scooter has all of the rights, privileges, and
duties applicable to the rider of a bicycle.14 These devices are defined in Florida law as follows:
 Electric bicycle:15 A bicycle or tricycle equipped with fully operable pedals, a seat or saddle for the use
of the rider, and an electric motor of less than 750 watts which meets the requirements of one of the
following three classifications:
o “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 20 miles per hour.
o “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used
exclusively to propel the electric bicycle and that ceases to provide assistance when the electric
bicycle reaches the speed of 20 miles per hour.
o “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides
assistance only when the rider is pedaling and that ceases to provide assistance when the
electric bicycle reaches the speed of 28 miles per hour.
 Motorized scooter:16 Any vehicle or micromobility device that is powered by a motor with or without a
seat or saddle for the use of the rider, which is designed to travel on not more than three wheels, and
which is not capable of propelling the vehicle at a speed greater than 20 miles per hour on level ground.
The term does not include an electric bicycle.
 Micromobility device:17 Any motorized transportation device made available for private use by
reservation through an online application, website, or software for point-to-point trips and which is not

7 S. 316.183(1), F.S.
8 S. 316.183(2), F.S.
9 S. 316.187(2)(a), F.S.
10 S. 316.187(2)(b), F.S.
11 S. 316.187(2)(c), F.S.
12 S. 316.183(7) and 316.187(3), F.S., Penalties are as provided in ch. 318, F.S.
13 S. 318.18(3)(b), F.S. In addition to these penalties, there Florida law imposes or authorizes additional fees and surcharges.
14 Ss. 316.20655 and 316.2128, F.S.
15 S. 316.003(23), F.S.
16 S. 316.003(48), F.S.
17 S. 316.003(41), F.S.

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9
capable of traveling at a speed greater than 20 miles per hour on level ground. This term includes
motorized scooters and bicycles as defined in ch. 316, F.S.

An electric bicycle must operate in a manner so that the electric motor is disengaged or ceases to function when
the rider stops pedaling or when the brakes are applied.18

An operator of an electric bicycle, motorized scooter, or micromobility device is not required to register the device
with the Department of Highway Safety and Motor Vehicles (DHSMV), carry minimum insurance, or have a driver
license to operate a motorized scooter.19 Helmets are required for operators under the age of 16.20

Local governments have authority to regulate electric bicycles, motorized scooters and micromobility devices,
including authority to:
 Enact an ordinance to permit, control, or regulate the operation of electric bicycles and motorized
scooters on sidewalks or sidewalk areas when such use is permissible under federal law.21 The
ordinance must restrict such vehicles or devices to a maximum speed of 15 miles per hour in such
areas.22
 Adopt an ordinance governing the operation of electric bicycles on streets, highways, sidewalks, and
sidewalk areas under the local government’s jurisdiction; to prevent a municipality, county, or agency
of the state having jurisdiction over a bicycle path, multiuse path, or trail network from restricting or
prohibiting the operation of an electric bicycle on a bicycle path, multiuse path, or trail network; or to
prevent a municipality, county, or agency of the state having jurisdiction over a beach or a dune from
restricting or prohibiting the operation of an electric bicycle on such beach or dune.23
 Adopt an ordinance governing the operation of motorized scooters on streets, highways, sidewalks, and
sidewalk areas under the local government’s jurisdiction.24

Expectant Mother Parking

Section 320.0848, F.S. authorizes DHSMV and its agents to issue disabled parking permits to persons with impaired
mobility. Upon application and receipt of the fee,25 a person with a long-term mobility impairment is issued a
disabled parking permit for a period of up to four years. Similarly, a person with a temporary mobility impairment
is issued a temporary disabled parking permit for a period of up to six months.26

A certificate of disability is required for a disabled parking permit and must be provided by a licensed physician,
podiatrist, optometrist, advanced registered nurse practitioner, physician’s assistant, or a similarly licensed
physician from another state.27

While current law does not explicitly contemplate whether an expectant mother would qualify for a temporary
disabled parking permit, there are circumstances under which an expectant mother with temporary mobility
issues could qualify so long as the expectant mother presents certification of disability from a physician as required
by law.28

Eminent Domain Authority

18 S. 316.20655(6), F.S.
19 Ss. 316.20655(2) and 316.2128(2)&(3), F.S.
20 S. 316.2065(3)(d), F.S.
21 S. 316.008(7)(a), F.S.
22 Id.
23 S. 316.2128(1), F.S.
24 S. 316.2128(1), F.S.
25 There is no charge for a “permanent” disabled parking permit. A temporary parking permit is $15; however, no person will

be required to pay a fee for a disabled parking permit more than once in a 12-month period. S. 320.0848(1)(a), F.S.
26 S. 320.0848(1)(a), F.S.
27 S. 320.0848(1)(b), F.S.
28 Email from Jonas Marquez, Director of Legislative Affairs, Department of Highway Safety and Motor Vehicles, RE: Question

on HB 567 (Mar. 20, 2025).
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10
Eminent domain refers to the government’s power to take private property and convert it into public use.29 The
Fifth Amendment of the United States Constitution provides that the government taking of property under the
power of eminent domain must include just compensation for property owners.30

Similarly, Article X, section 6(a) of the Florida Constitution provides that “[n]o private property shall be taken
except for a public purpose and with full compensation therefor paid to each owner or secured by deposit in the
registry of the court and available to the owner.”31

DOT may acquire, by eminent domain, all property or property rights, whether public or private, which it
determines necessary to perform its duties or execute its powers.32

DOT has the statutory authority to condemn all necessary lands and property, whether public or private, for the
purpose of securing and utilizing transportation rights-of-way, including a DOT-designated transportation
corridor.33 Florida’s statutory definition of the term “transportation corridor” includes all property or property
interests necessary for future transportation facilities for the purpose of securing and utilizing future
transportation rights-of-way.34

Center for Urban Transportation Research

Florida law establishes the Florida Center for Urban Transportation Research (CUTR) at the University of South
Florida, to be administered by the Board of Governors of the State University System.35 CUTR is responsible for
conducting and facilitating research on issues related to urban transportation problems in this state and serving as
an information exchange and depository for the most current information pertaining to urban transportation and
related issues.36 Additionally, CUTR is responsible for the promotion of intercampus transportation and related
research activities among Florida’s universities in order to enhance the ability of these universities to attract
federal and private sector funding for transportation and related research.37

Under Florida law, an advisory board is created to periodically and objectively review and advise CUTR concerning
its research program. The membership of the board must consist of nine experts in transportation-related areas,
including the secretaries of the DOT, the Department of Environmental Protection, and the Department Commerce,
or their designees, and a member of the Florida Transportation Commission (FTC). The nomination of the
remaining members of the board must be made to the President of the University of South Florida by the College of
Engineering at the University of South Florida, and the appointment of these members must be reviewed and
approved by the FTC and confirmed by the Board of Governors.38

Project Concept Studies

The term “project concept study” is not defined in federal or state law.

DOT conducts Project Development and Environment (PD&E) studies to meet federal National Environmental
Policy Act39 requirements. During these studies, DOT determines the location and conceptual design of feasible
build alternatives for roadway improvements and the social, economic, and environmental effects of such

29 Cornell Law School, Legal Information Institute, Eminent Domain,

https://www.law.cornell.edu/wex/eminent_domain#:~:text=Eminent%20domain%20refers%20to%20the,compensation%2
0to%20the%20property%20owners. (last visited Mar. 18, 2025).
30 U.S. Const. amend. V.
31 Florida’s eminent domain laws are codified in chapters 73 and 74, F.S.
32 S. 334.044(6), F.S.
33 S. 337.27(1), F.S.
34 S. 334.03(29)(b), F.S.
35 S. 334.065(1), F.S.
36 Id.
37 S. 334.065(2), F.S.
38 S. 334.065(3), F.S.
39 Pub. L. 91-190; 83 State. 852.

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11
improvements. Throughout the study, a no-build alternative, where roads are left in their present state with
routine maintenance, remains a viable alternative. A PD&E study is finalized when the Federal Highway
Administration reviews the study’s documentation and recommendations and provides a Location and Design
Concept Acceptance.40

DOT Contracting Authority

DOT may enter into contracts for the construction and maintenance of all roads on the State Highway System, the
State Park Road System, or any other road under its supervision. DOT may also enter into contracts for the
construction and maintenance of rest areas, weigh stations, and other structures used in connection with such
facilities. However, these contracts do not create third-party beneficiary rights in any person that is not a party to
the contract.41

Awarding DOT Contracts

DOT may award a contract for proposed construction and maintenance work to the lowest responsible bidder, or
with a time-plus-money contract, the lowest evaluated responsible bidder, or it may reject all bids and rebid the
work or otherwise perform the work.42

Phased Design-Build Contracts

DOT may enter into phased-design build contracts, where contract selection and award is done with a two-phase
process. For phase one, DOT competitively awards the contract, based upon qualifications, to a design-build firm.
For phase two, the design-build firm competitively bids construction trade subcontractor packages and based upon
these bids, negotiates with DOT a price that meets the project’s budget and scope.43

Marine General Liability Insurance

DOT requires each contractor to indemnify and hold harmless DOT and its officers and employees from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the
negligence, recklessness, or intentional wrongful misconduct of the contractor and persons employed or utilized by
the contractor in the performance of the construction contract.44

DOT also requires each contractor to carry commercial general liability insurance that provides continuous
coverage for all work and operations provided under the contract. Additional requirements exist for construction
adjacent to railroad tracks and certain utility facilities.45

Since commercial general liability insurance policies exclude marine work, marine general liability insurance is
designed to protect against claims of liability for bodily injury, property damage, and personal injury for those who
work on or near the water. These classes include ship repairers, marina operators, charterers, stevedores, and
terminal operators.46

40 DOT District 7, What is a PD&E Study, https://www.fdotd7studies.com/projects/what-is-a-pde-study/. (last visited Mar. 18,

2025).
41 S. 337.11(1), F.S.
42 S. 337.11(4), F.S.
43 S. 337.11(7)(b), F.S. The project’s budget and scope are as advertised in the request for qualifications.
44 DOT Specs Book (January 2017) at Section 7-12.1, https://www.fdot.gov/docs/default-

source/programmanagement/implemented/specbooks/january2017/files/007-117.pdf (last visited Mar. 20, 2025).
45 Id. at Sections 7-13.2, 7-13.3, and 7-13.4.
46 Kelly White and Associates Insurance, LLC, Marine General Liability Insurance, https://kwhiteinsurance.com/marine-

insurance/#:~:text=Marine%20General%20Liability%20protects%20against,%2C%20stevedores%2C%20and%20terminal%20operators
(last visited Mar. 20, 2025).

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12
Each contract let by DOT to perform bridge construction or maintenance over navigable waters must require
marine general liability insurance, in an amount determined by DOT, to cover third-party personal injury and
property damage caused by vessels used by the contractor in the performance of the work.47

Applications for Qualification

Under Florida law any contractor desiring to bid on a construction contract in excess of $250,000 must be certified
as qualified by DOT.48 DOT’s contractor certification rules address these qualifications and provide requirements
regarding a contractor’s equipment, past record, experience, financial resources, and organizational personnel.49

DOT may waive prequalification for projects of $500,000 or less if DOT determines that the project is of a
noncritical nature and the waiver will not endanger public health, safety, or property.50

Contractor Certification

Certification by DOT is required in order for a contractor to bid on a road, bridge, or public transportation
construction contract of more than $250,000. However, prior to the award of the contract, the successful bidder
must furnish a contract bond. DOT may waive all or a portion of the bonding requirement for contracts of $150,000
or less.51

Maintenance Contracts

Section 337.14(8), F.S., provides that that section, which relates to the applications for qualification and certificates
of qualification for DOT contractors does not apply to maintenance contracts.

State Arbitration Board

The State Arbitration Board (Board), within DOT, facilitates the prompt resolution of claims arising out of or in
connection with DOT’s construction or maintenance contract.52

The contractor53 may submit a claim54 of greater than $250,000 up to $1 million per contract or, upon agreement of
the parties, up to $2 million per contract for arbitration by the board. A board-issued award is final, unless a
request for a trial de novo is filed within certain time frames.55

Parties may not make an arbitration request prior to DOT’s final acceptance of the project;56 but such requests
must be made within 820 days after final acceptance.57

Suits By and Against DOT

47 S. 337.11(15), F.S.
48 Certification for qualification is pursuant to s. 337.14, F.S., and DOT rules.
49 S. 337.14(1), F.S.
50 S. 337.14(1), F.S.
51 S. 337.14(2), F.S.
52 S. 337.185(1), F.S.
53 Section 337.185(2)(b), F.S., defines the term “contractor” means a person or firm having a contract for rendering services to

the department relating to the construction or maintenance of a transportation facility.
54 Section 337.185(2)(a), F.S., defines the term “claim” to mean the aggregate of all outstanding written requests for additional

monetary compensation, time, or other adjustments to the contract, the entitlement or impact of which is disputed by the
department and could not be resolved by negotiation between the department and the contractor.
55 S. 337.185(4), F.S.
56 Section 337.185(2)(c), F.S., defines the term “final acceptance” to mean that the contractor has completely performed the

work provided for under the contract, the department or its agent has determined that the contractor has satisfactorily
completed the work provided for under the contract, and the department or its agent has submitted written notice of final
acceptance to the contractor.
57 S. 337.185(5), F.S.

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13
Under current law, suits may be brought by and against DOT for certain contract-related claims, which must
commence within 820 days of DOT’s final acceptance of the work.58

Metropolitan Planning Organizations

M.P.O.s and Primary Functions

Florida law provides that it is the intent of the Legislature to encourage and promote the safe and efficient
management, operation, and development of surface transportation systems that will serve the mobility needs of
people and freight and foster economic growth and development within and through urbanized areas of this state
while minimizing transportation-related fuel consumption, air pollution, and greenhouse gas emissions through
metropolitan transportation planning processes.59 To achieve this intent or objective, Florida law provides that
M.P.O.s, must develop, in cooperation with the state and public transit operators, transportation plans and
programs for metropolitan areas.60

M.P.O.s are entities comprised of representatives from local governments and transportation authorities that are
responsible for regional transportation planning in urbanized areas with populations of over 50,000 as determined
by the U.S. Census.61 As seen below, Florida has 27 M.P.O.s, and each have their own geographical boundary and
board of voting members.62

M.P.O. Designation

To the extent possible, only one M.P.O. is designated for each urbanized area or group of contiguous urbanized
areas. More than one M.P.O. may be designated within an existing urbanized area only if the Governor and the
existing M.P.O. determine that the size and complexity of the existing urbanized area makes the designation of
more than one M.P.O. for the area appropriate, in which case each M.P.O. designated for the area must:
 Consult with every other M.P.O. designated for the urbanized area and the state to coordinate plans and
transportation improvement programs; and
 Ensure, to the maximum extent practicable, the consistency of data used in the planning process, including
data used in forecasting travel demand within the urbanized area.63

Coordination with other M.P.O.s and Political Subdivisions

M.P.O.s are required to develop coordination mechanisms with one another to expand and improve transportation
within the state. The appropriate method of coordination between M.P.O.s may vary depending upon the project
involved and given local and regional needs. Consequently, discretion is used by M.P.O.s to coordinate with other
M.P.O.s and appropriate political subdivisions as circumstances demand.64

M.P.O.s and Transportation Planning

DOT and M.P.O.s are partners in the transportation planning, with DOT responsible for coordinating the state’s
long-range transportation goals, the Florida Transportation Plan (FTP),65 and M.P.O.s responsible for coordinating

58 S. 337.19 (1) and (2), F.S.
59 S. 339.175(1), F.S.
60 Id.
61 Federal Transit Administration, Metropolitan Planning Organization (MPO), https://www.transit.dot.gov/regulations-and-

guidance/transportation-planning/metropolitan-planning-organization-mpo#:~:text=Planning%20Organization%20(MPO)-
,Overview,determined%20by%20the%20U.S.%20Census. (last visited Mar. 22, 2025).
62 DOT, Metropolitan Planning Organization Subject Brief, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-

source/planning/policy/briefing-sheets/briefing_sheet_mpo_102720.pdf?sfvrsn=b17ab46b_2 (last visited Mar. 22, 2025).
63 S. 339.175(2), F.S.
64 S. 339.175(6)(j), F.S.
65 The FTP is a policy document updated at least once every five years and developed in compliance with requirements in s.

339.155, F.S. The FTP establishes and defines the state’s long-range transportation goals and objectives to be accomplished
over a period of at least 20 years. S. 339.155(1), F.S. It is based upon the prevailing principles of preserving the existing
transportation infrastructure, enhancing Florida’s economic competitiveness, improving travel choices to ensure mobility, and
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14
regional long-range transportation plans.66 The M.P.O.s develop their Long Range Transportation Plan (LRTP) to
implement national and state goals for their metropolitan area.67 Projects are developed and must be included in
the LRTP to be considered for funding.68 An M.P.O. must also develop its List of Priority Projects (LOPP), which
must be consistent with the LRTP and is used to inform the development of the Transportation Improvement
Program (TIP).69 An M.P.O.’s TIP includes a listing of projects planned for the next five fiscal years.70 TIPs from all
27 M.P.O.s are combined together, along with DOT’s other non-metropolitan statewide projects to form the
Statewide Transportation Improvement Program (STIP).71 To be eligible for federal funding, projects must be
included in the LRTP, TIP, and STIP.72 The projects included in an M.P.O.’s TIP are funded and completed through
the Work Program (WP).73

In developing the LRTP and the TIP, each M.P.O. must provide for consideration projects and strategies that will:
 Support the economic vitality of the contiguous urbanized metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
 Increase the safety and security of the transportation system for motorized and nonmotorized users;
 Increase the accessibility and mobility options available to people and for freight;
 Protect and enhance the environment, promote energy conservation, and improve quality of life;
 Enhance the integration and connectivity of the transportation system, across and between modes and
contiguous urbanized metropolitan areas, for people and freight;
 Promote efficient system management and operation;
 Emphasize the preservation of the existing transportation system; and
 Improve the resilience of transportation infrastructure.74

The LRTP must, at a minimum:
 Identify transportation facilities that will function as an integrated metropolitan transportation system.
o The LRTP must give emphasis to those transportation facilities that serve national, statewide, or
regional functions, and must consider the goals and objectives identified in the FTP.
o If a project is located within the boundaries of more than one M.P.O., the M.P.O.s must coordinate
plans regarding the project in the LRTP. Multiple M.P.O.s within a contiguous urbanized area must
coordinate the development of LRTPs to be reviewed by the Metropolitan Planning Organization
Advisory Council.
 Include a financial plan that demonstrates how the plan can be implemented, indicating resources from
public and private sources which are reasonably expected to be available to carry out the plan, and
recommends any additional financing strategies for needed projects and programs.
o The financial plan may include, for illustrative purposes, additional projects that would be included
in the adopted LRTP if reasonable additional resources beyond those identified in the financial plan
were available. For the purpose of developing the LRTP, the M.P.O. and DOT must cooperatively
develop estimates of funds that will be available to support the plan implementation. Innovative
financing techniques may be used to fund needed projects and programs. Such techniques may
include the assessment of tolls, the use of value capture financing, or the use of value pricing.
 Assess capital investment and other measures necessary to:
o Ensure the preservation of the existing metropolitan transportation system including requirements
for the operation, resurfacing, restoration, and rehabilitation of major roadways and requirements

expanding the state’s role as a hub for trade and investment. Id. The FTP is the single overarching plan guiding Florida’s
transportation future. DOT, Florida Transportation Plan, https://www.fdot.gov/planning/ftp/default.shtm (last visited Mar.
22, 2025).
66 DOT, supra note 90.
67 Id.
68 Id.
69 Id.
70 DOT, STIP Information, https://www.fdot.gov/workprogram/federal/stip-mpostip.shtm (last visited Mar. 21, 2025).
71 DOT, supra note 90.
72 Id.
73 Id.
74 S. 339.175(6)(b), F.S.

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15
for the operation, maintenance, modernization, and rehabilitation of public transportation facilities;
and
o Make the most efficient use of existing transportation facilities to relieve vehicular congestion,
improve safety, and maximize the mobility of people and goods. Such efforts must include, but are
not limited to, consideration of infrastructure and technological improvements necessary to
accommodate advances in vehicle technology, such as automated driving systems and other
developments.
 Indicate, as appropriate, proposed transportation enhancement activities, including, but not limited to,
pedestrian and bicycle facilities, trails or facilities that are regionally significant or critical linkages for the
Florida Shared-Use Nonmotorized Trail Network, scenic easements, landscaping, historic preservation,
mitigation of water pollution due to highway runoff, and control of outdoor advertising.
 Coordinate, in metropolitan areas that are classified as nonattainment areas for ozone or carbon monoxide,
the development of the LRTP with the State Implementation Plan developed pursuant to the requirements
of the federal Clean Air Act.75

In the development of its LRTP, each M.P.O. must provide the public, affected public agencies, representatives of
transportation agency employees, freight shippers, providers of freight transportation services, private providers
of transportation, representatives of users of public transit, and other interested parties with a reasonable
opportunity to comment on the LRTP. The LRTP must be approved by the M.P.O. 76

Feasibility Studies on Consolidation of Select M.P.O.s

The M.P.O.s serving Hillsborough, Pasco, and Pinellas Counties were required to submit, by December 31, 2023, a
feasibility report to the Governor, the President of the Senate, and the Speaker of the House of Representatives
exploring the benefits, costs, and process of consolidation into a single M.P.O. serving the contiguous urbanized
area, the goal of which was to:
 Coordinate transportation projects deemed to be regionally significant;
 Review the impact of regionally significant land use decisions on the region; and
 Review all proposed regionally significant transportation projects in the TIPs.77

75 S. 339.175(7), F.S.
76 Id.
77 S. 339.175(6)(i), F.S.

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16
Metropolitan Planning Organization Advisory Council (MPOAC)

Under Florida law, the MPOAC was established with the purpose to augment, and not supplant, the role of the
individual M.P.O.s in the cooperative transportation planning process.78 The council consists of one representative
from each M.P.O. and annually elects a chairperson from its membership.79

The main powers and duties of the council are to:
 Establish bylaws by action of its governing board providing procedural rules to guide its proceedings and
consideration of matters before the council, or, alternatively, adopt rules to implement provisions of law
conferring powers or duties upon the council;
 Assist M.P.O.s in carrying out the urbanized area transportation planning process by serving as the
principal forum for collective policy discussion;
 Serve as a clearinghouse for review and comment by M.P.O.s on the FTP and on other issues required to
comply with federal or state law in carrying out the urbanized area transportation and systematic planning
processes;
 Employ an executive director and such other staff as necessary to perform adequately the functions of the
council, within budgetary limitations;
 Deliver training on federal and state program requirements and procedures to M.P.O. board members and
M.P.O. staff; and
 Adopt an agency strategic plan that prioritizes steps the agency will take to carry out its mission within the
context of the state comprehensive plan and any other statutory mandates and directives.80

The council may also enter into contracts to support its duties.81

Strategic Intermodal System Highway Corridors

Florida’s Strategic Intermodal System (SIS) is its high priority network of transportation facilities important to the
state's economy and mobility.82 DOT must plan and develop SIS highway corridors to allow for high-speed and
high-volume.83 SIS highway corridors include facilities on State Highway System that meet DOT-adopted criteria,
including Interstate highways, the Florida Turnpike System, interregional and intercity limited access facilities.
existing interregional and intercity arterial highways meeting certain standards, and new limited access facilities
necessary to complete a balanced statewide system.84

DOT must develop and maintain a plan of SIS highway corridor projects that it anticipates, to contract for
construction within at least 20 the next years. This plan must also identify when SIS Highway Corridor segments
will SIS standards and criteria.85

Funding for Florida College System Equipment Simulators

Florida College System

The Florida College System provides higher education for Floridians, including recent high school graduates and
returning adult students. The 28-member colleges of the Florida College System respond quickly and efficiently to
meet the demand of employers by aligning certificate and degree programs with regional workforce needs. With an

78 S. 339.175(11)(a), F.S.
79 S. 339.175(11)(b), F.S.
80 S. 339.175(11)(c), F.S.
81 S. 339.175(11)(d), F.S.
82 DOT, Strategic Intermodal System, https://www.fdot.gov/planning/systems/sis (last visited Mar. 21, 2025).
83 S. 339.65(1), F.S.
84 S. 339.65(2), F.S.
85 S. 339.65(4), F.S.

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array of programs and services, our colleges serve individuals, communities and the state with low-cost, high-
quality education opportunities.86

Rural Areas of Opportunity

A Rural Area of Opportunity (RAO) is a rural community,87 or region comprised of rural communities, designated
by the Governor, that has been adversely affected by an extraordinary economic event, severe or chronic distress,
or a natural disaster.88 An area may also be designated as an RAO if it presents a unique economic development
opportunity of regional impact.89 The designation of an RAO must be agreed upon by the Department of Commerce,
as well as the county and municipal governments to be included in the RAO.90

Widening of Interstate 4

Included in DOT’s Moving Florida Forward Initiative, is the acceleration of the addition of two new express lanes in
each direction along I-4 from west of U.S. 27 in Polk County to east of World Center Drive (S.R. 536) in Orange
County. DOT is also accelerating the construction of two new congestion relief lanes, one in each direction, between
U.S. 27 and east of World Drive.91

DOT District Boundaries

DOT is a decentralized agency divided up into geographic districts. There are currently seven DOT districts:
Southwest Florida, Northeast Florida, Northwest Florida, Southeast Florida, Central Florida, South Florida, and
West Central Florida. DOT’s headquarters is in Tallahassee, and each of the seven districts have at least one office
in the district.92

Each DOT district varies in organizational structure, but in general, each has major divisions for Administration,
Planning, Production, and Operations. Additionally, each district has a Public Information Office that reports to the
District Secretary and a District Chief Counsel who reports to the DOT General Counsel in Tallahassee.93

Sarasota Manatee Airport Authority

The Sarasota Manatee Airport Authority was created as a public agency by the State of Florida to operate and
manage the Sarasota Bradenton International Airport. The Authority has six Commissioners appointed by the
Governor, each serving four-year terms. Three Commissioners reside in Manatee County and three reside in
Sarasota County.94

Greater Miami Expressway Agency

The governing body of the Greater Miami Expressway Agency consist of nine voting members. Four members, each
of whom must be a permanent resident of Miami-Dade County, are appointed by the Governor, subject to
confirmation by the Senate at the next regular session of the Legislature. Two members, who must be residents of
an unincorporated portion of the county and residing within 15 miles of an area with the highest amount of agency
toll roads, are appointed by the board of county commissioners of Miami-Dade County. Two members, who must
be residents of incorporated municipalities within a county served by the agency, are appointed by the

86 Florida College System, Florida Department of Education, https://www.fldoe.org/schools/higher-ed/fl-college-system/ (last

visited Mar. 22, 2025).
87 S. 288.0656(2)(e), F.S.
88 S. 288.0656(2)(d), F.S.
89 Id.
90 S. 288.0656(7)(b), F.S.
91 DOT, Moving I-4 Forward, https://movingi4forward.com/ (last visited Mar. 21, 2025).
92 DOT, Districts, https://www.fdot.gov/agencyresources/districts/index.shtm (last visited Mar. 21, 2025).
93 Id.
94 Airport Authority, Sarasota Manatee Airport Authority, https://flysrq.com/airport-authority (last visited Mar. 22, 2025).

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18
metropolitan planning organization for a county served by the agency. The district secretary of DOT serving in the
district that contains Miami-Dade County serves as an ex officio voting member of the governing body.95
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Economic Infrastructure 16 Y, 0 N, As CS 3/27/2025 Keating Bauldree
Subcommittee
THE CHANGES ADOPTED BY THE  Clarified the method of distribution of certain tax proceeds to the STTF.
COMMITTEE:  Required DOT to implement the Next-Generation Traffic Signal
Modernization Program.
 Required DOT to determine the safe and available minimum speed limit on
specified highways.
 Increased the maximum allowable speed limits on specified highways and
roadways.
 Amended the Florida Airport Development and Assistance Act to change
various references to airports to “public-use” airports.
 Removed language that provided that contractors provide a service to DOT,
 Removed a provision related to projects for which DOT’s estimate is $100
million or less.
 Revised provisions related to utility use of the public ROW, including
provisions related to the relocation of utility facilities.
 Clarified training provisions for metropolitan planning organizations.
 Streamlined provisions that create a pilot program for the Sarasota
Manatee Airport Authority and removes duplicative provisions.
 Authorized local governments to adopt ordinances pertaining to the
operation of electric bicycles, motorized scooters, or micromobility devices.
 Authorized local governments to provide training on the safe operation of
any of electric bicycles, motorized scooters, or micromobility devices and
on compliance with applicable state traffic laws.
Transportation & Economic 10 Y, 0 N, As CS 4/10/2025 Davis McAuliffe
Development Budget
Subcommittee
THE CHANGES ADOPTED BY THE  Removed provision related to the distribution of sales tax revenues.
COMMITTEE:  Removed provisions related to the Florida Airport Development and
Assistance Act.
 Removed provision related to settlements of protests.
 Removed provisions related to utility relocation.
 Provides that a person may not create an excessive wake while operating a
motor vehicle.
 Revises residence requirements for certain members of the Greater Miami
Expressway Agency.
Commerce Committee Hamon Bauldree

95 S. 348.0304(3), F.S.

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19
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 567 2025

1 A bill to be entitled
2 An act relating to transportation; creating s.
3 218.3215, F.S.; requiring counties to annually by a
4 date certain provide the Office of Economic and
5 Demographic Research with certain information;
6 requiring counties to report such information in the
7 format specified by the office; requiring the office
8 to compile the information into a report and submit
9 the report to the Legislature and the Department of
10 Transportation; amending s. 316.003, F.S.; revising
11 the definition of the term "vehicle"; amending s.
12 316.183, F.S.; requiring the Department of Highway
13 Safety and Motor Vehicles to determine certain speed
14 limits; amending s. 316.187, F.S.; increasing certain
15 speed limits; amending s. 316.20655, F.S.; authorizing
16 a local government to adopt certain ordinances and
17 provide certain training relating to the safe
18 operation of electric bicycles; amending s. 316.2128,
19 F.S.; authorizing a local government to adopt certain
20 ordinances and provide certain training relating to
21 the safe operation of motorized scooters and
22 micromobility devices; amending s. 316.88, F.S.,
23 prohibiting excessive wakes under certain
24 circumstances; creating s. 320.0849, F.S.; requiring
25 the department to issue expectant mother parking

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26 permits; specifying the validity period thereof;
27 providing design requirements for expectant mother
28 parking permit placards or decals; providing
29 application requirements; authorizing such
30 permitholders to park in certain spaces; amending s.
31 331.3051, F.S.; conforming provisions to changes made
32 by the act; amending s. 334.044, F.S.; revising
33 conditions under which the Department of
34 Transportation may acquire property through eminent
35 domain; amending s. 334.065, F.S.; removing the Board
36 of Governors of the State University System as
37 administrator of the Florida Center for Urban
38 Transportation Research; revising membership of the
39 Center for Urban Transportation Research advisory
40 board; creating s. 334.63, F.S.; providing
41 requirements for certain project concept studies and
42 project development and environmental studies;
43 amending s. 337.11, F.S.; providing competitive
44 bidding and award requirements for contracts for
45 certain projects; providing construction; revising
46 requirements for requests for proposals for design-
47 build contracts; revising requirements for selection
48 and award of phased design-build contracts; removing
49 provisions relating to design-build and phased design-
50 build contracts and construction; requiring contracts

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51 to contain protection and indemnity coverage; amending
52 s. 337.14, F.S.; authorizing the department to waive
53 certain requirements for push-button or task work
54 order contracts; revising the amount of contracts for
55 which the department may waive bonding requirements;
56 requiring a contractor seeking to bid on a certain
57 maintenance contract to possess certain
58 qualifications; amending s. 337.185, F.S.; revising
59 the amount of a contract that may be subject to
60 arbitration; revising the timeframe in which
61 arbitration requests must be made to the State
62 Arbitration Board; amending s. 337.19, F.S.; revising
63 the timeframe in which certain suits by and against
64 the department must commence; removing an obsolete
65 provision; amending s. 339.175, F.S.; revising
66 legislative intent; revising requirements for the
67 designation of additional M.P.O.'s; revising projects
68 and strategies to be considered in developing an
69 M.P.O.'s long-range transportation plan and
70 transportation improvement program; removing obsolete
71 provisions; requiring the department to convene
72 M.P.O.'s to exchange best practices; authorizing such
73 M.P.O.'s to develop committees or working groups;
74 requiring training for new M.P.O. governing board
75 members to be provided by the department or another

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76 specified entity; removing provisions relating to
77 M.P.O. coordination mechanisms; including public-
78 private partnerships in authorized financing
79 techniques; revising proposed transportation
80 enhancement activities that must be indicated by the
81 long-range transportation plan; authorizing each
82 M.P.O. to execute a written agreement with the
83 department regarding state and federal transportation
84 planning requirements; providing that the department
85 is responsible for scheduling projects in the state
86 transportation improvement program in collaboration
87 with the M.P.O.'s; requiring the department and
88 M.P.O.'s to establish certain quality performance
89 metrics and develop certain performance targets;
90 requiring the department to evaluate and post on its
91 website whether each M.P.O. has made significant
92 progress toward such targets; removing provisions
93 relating to the Metropolitan Planning Organization
94 Advisory Council; amending s. 339.65, F.S.; requiring
95 the department, in collaboration with each M.P.O., to
96 prioritize certain Strategic Intermodal System highway
97 corridor projects; amending s. 339.84, F.S.;
98 authorizing the department to expend certain funds for
99 grants for the purchase of certain equipment within a
100 specified timeframe; providing requirements for grant

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101 recipients; requiring the department to give certain
102 priority in awarding grants; creating s. 339.85, F.S.;
103 requiring the department to implement the Next-
104 generation Traffic Signal Modernization Program;
105 providing requirements for such program; amending s.
106 331.310, F.S.; conforming a cross-reference; providing
107 legislative findings regarding widening of a certain
108 roadway; requiring the department to develop and
109 submit to the Governor and Legislature a report with
110 certain specifications; requiring the department to
111 submit to the Governor and Legislature a report
112 regarding department districts; creating s. 332.136,
113 F.S.; establishing an airport pilot program at the
114 Sarasota Manatee Airport Authority; providing purpose
115 of the pilot program; requiring the department to
116 adopt rules; requiring the department, by a specified
117 date, to submit a report to the Governor and the
118 Legislature for specified purposes; providing for
119 repeal on a specified date; amending s. 348.0304,
120 F.S.; revising qualifications to be a member of the
121 governing body of the Greater Miami Expressway Agency;
122 providing an effective date.
123
124 Be It Enacted by the Legislature of the State of Florida:

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125 Section 1. Section 218.3215, Florida Statutes, is created
126 to read:
127 218.3215 County transportation projects.—
128 (1) Each county shall annually by January 15 report to the
129 Office of Economic and Demographic Research the following
130 information, by county fiscal year, for revenues received
131 pursuant to s. 212.055(1), for the previous county fiscal year:
132 (a) The total proceeds from the surtax received by the
133 county.
134 (b) The amount allocated by the county for road and bridge
135 projects. The Office of Economic and Demographic Research, in
136 consultation with the Department of Transportation, must
137 establish and define broad categories for reporting this
138 information, including, but not limited to, widening, repair and
139 rehabilitation, sidewalks, or payment or pledge of bonds for the
140 construction of roads and bridges.
141 (c) The total expenditures for road and bridge projects,
142 including by category established pursuant to paragraph (b).
143 (d) The unexpended balances of funds allocated to road and
144 bridge projects by category.
145 (e) A list of current road and bridge projects, including
146 the project cost, location, and scope.
147 (f) The amount allocated by the county to all other
148 authorized uses of the proceeds from the surtax, excluding road
149 and bridge projects and the payment or pledge of bonds for the

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150 construction of roads and bridges.
151 (2) Each county shall report the information required in
152 subsection (1) in the format specified by the Office of Economic
153 and Demographic Research. The Office of Economic and Demographic
154 Research shall compile the information from each county into a
155 report and submit the report to the President of the Senate, the
156 Speaker of the House of Representatives, and the Department of
157 Transportation.
158 Section 2. Subsection (109) of section 316.003, Florida
159 Statutes, is amended to read:
160 316.003 Definitions.—The following words and phrases, when
161 used in this chapter, shall have the meanings respectively
162 ascribed to them in this section, except where the context
163 otherwise requires:
164 (109) VEHICLE.—Every device in, upon, or by which any
165 person or property is or may be transported or drawn upon a
166 street or highway, except personal delivery devices, mobile
167 carriers, and devices used exclusively upon stationary rails or
168 tracks.
169 Section 3. Subsection (2) of section 316.183, Florida
170 Statutes, is amended to read:
171 316.183 Unlawful speed.—
172 (2) On all streets or highways, the maximum speed limits
173 for all vehicles must be 30 miles per hour in business or
174 residence districts, and 55 miles per hour at any time at all

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175 other locations. However, with respect to a residence district,
176 a county or municipality may set a maximum speed limit of 20 or
177 25 miles per hour on local streets and highways after an
178 investigation determines that such a limit is reasonable. It is
179 not necessary to conduct a separate investigation for each
180 residence district. The department shall determine the safe and
181 available minimum speed limit on all highways that are comprise
182 a part of the National System of Interstate and Defense Highways
183 and have at least not fewer than four lanes is 40 miles per
184 hour, except that when the posted speed limit is 70 miles per
185 hour, the minimum speed limit is 50 miles per hour.
186 Section 4. Subsection (2) of section 316.187, Florida
187 Statutes, is amended to read:
188 316.187 Establishment of state speed zones.—
189 (2)(a) The maximum allowable speed limit on limited access
190 highways is 75 70 miles per hour.
191 (b) The maximum allowable speed limit on any other highway
192 that which is outside an urban area of 5,000 or more persons and
193 that which has at least four lanes divided by a median strip is
194 70 65 miles per hour.
195 (c) The Department of Transportation is authorized to set
196 such maximum and minimum speed limits for travel over other
197 roadways under its authority as it deems safe and advisable, not
198 to exceed as a maximum limit 65 60 miles per hour.
199 Section 5. Subsections (8) and (9) are added to section

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200 316.20655, Florida Statutes, to read:
201 316.20655 Electric bicycle regulations.—
202 (8) A local government may adopt an ordinance providing
203 one or more minimum age requirements to operate an electric
204 bicycle and may adopt an ordinance requiring an operator of an
205 electric bicycle to possess a government-issued photographic
206 identification while operating the electric bicycle.
207 (9) A local government may provide training on the safe
208 operation of electric bicycles and compliance with the traffic
209 laws of this state that apply to electric bicycles.
210 Section 6. Subsections (7) and (8) are added to section
211 316.2128, Florida Statutes, to read:
212 316.2128 Micromobility devices, motorized scooters, and
213 miniature motorcycles; requirements.—
214 (7) A local government may adopt an ordinance providing
215 one or more minimum age requirements to operate a motorized
216 scooter or micromobility device and may adopt an ordinance
217 requiring a person who operates a motorized scooter or
218 micromobility device to possess a government-issued photographic
219 identification while operating the motorized scooter or
220 micromobility device.
221 (8) A local government may provide training on the safe
222 operation of motorized scooters and micromobility devices and
223 compliance with the traffic laws of this state that apply to
224 motorized scooters and micromobility devices.

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225 Section 7. Section 316.88, Florida Statutes, is created to
226 read:
227 316.88 Creation of a wake on streets or highways.—A person
228 may not operate a motor vehicle, vessel, or any other conveyance
229 at a speed that creates an excessive wake on a flooded or
230 inundated street or highway.
231 Section 8. Section 320.0849, Florida Statutes, is created
232 to read:
233 320.0849 Expectant mother parking permits.—
234 (1)(a) The department or its authorized agents shall, upon
235 application, issue an expectant mother parking permit placard or
236 decal to an expectant mother. The placard or decal is valid for
237 up to 1 year after the date of issuance.
238 (b) The department shall, by rule, provide for the design,
239 size, color, and placement of the expectant mother parking
240 permit placard or decal. The placard or decal must be designed
241 to conspicuously display the expiration date of the permit.
242 (2) An application for an expectant mother parking permit
243 must include, but need not be limited to:
244 (a) Certification provided by a physician licensed under
245 chapter 458 or chapter 459 that the applicant is an expectant
246 mother.
247 (b) The certifying physician's name and address.
248 (c) The physician's certification number.
249 (d) The following statement in bold letters: "An expectant

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250 mother parking permit may be issued only to an expectant mother
251 and is valid for up to 1 year after the date of issuance."
252 (e) The signatures of:
253 1. The certifying physician.
254 2. The applicant.
255 3. The employee of the department processing the
256 application.
257 (3) Notwithstanding any other provision of law, an
258 expectant mother who is issued an expectant mother parking
259 permit under this section may park a motor vehicle in a parking
260 space designated for persons who have disabilities as provided
261 in s. 553.5041.
262 Section 9. Subsection (14) of section 331.3051, Florida
263 Statutes, is amended to read:
264 331.3051 Duties of Space Florida.—Space Florida shall:
265 (14) Partner with the Metropolitan Planning Organization
266 Advisory Council to coordinate and specify how aerospace
267 planning and programming will be part of the state's cooperative
268 transportation planning process.
269 Section 10. Subsection (6) of section 334.044, Florida
270 Statutes, is amended to read:
271 334.044 Powers and duties of the department.—The
272 department shall have the following general powers and duties:
273 (6) To acquire, by the exercise of the power of eminent
274 domain as provided by law, all property or property rights,

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275 whether public or private, which it may determine are necessary
276 to the performance of its duties and the execution of its
277 powers, including advance purchase of property or property
278 rights to preserve a corridor for future proposed improvements.
279 Section 11. Subsections (1) and (3) of section 334.065,
280 Florida Statutes, are amended to read:
281 334.065 Center for Urban Transportation Research.—
282 (1) There is established within at the University of South
283 Florida the Florida Center for Urban Transportation Research, to
284 be administered by the Board of Governors of the State
285 University System. The responsibilities of the center include,
286 but are not limited to, conducting and facilitating research on
287 issues related to urban transportation problems in this state
288 and serving as an information exchange and depository for the
289 most current information pertaining to urban transportation and
290 related issues.
291 (3) An advisory board shall be created to periodically and
292 objectively review and advise the center concerning its research
293 program. Except for projects mandated by law, state-funded base
294 projects shall not be undertaken without approval of the
295 advisory board. The membership of the board shall consist of
296 nine experts in transportation-related areas, as follows:
297 (a) A member appointed by the President of the Senate.
298 (b) A member appointed by the Speaker of the House of
299 Representatives.

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300 (c) The Secretary of Transportation or his or her
301 designee.
302 (d) The Secretary of Commerce or his or her designee.
303 including the secretaries of the Department of Transportation,
304 the Department of Environmental Protection, and the Department
305 of Commerce, or their designees, and
306 (e) A member of the Florida Transportation Commission.
307 (f) Four members nominated by the University of South
308 Florida's College of Engineering and approved by the
309 university's president The nomination of the remaining members
310 of the board shall be made to the President of the University of
311 South Florida by the College of Engineering at the University of
312 South Florida, and the appointment of these members must be
313 reviewed and approved by the Florida Transportation Commission
314 and confirmed by the Board of Governors.
315 Section 12. Section 334.63, Florida Statutes, is created
316 to read:
317 334.63 Project concept studies; project development and
318 environmental studies.—
319 (1) All project concept studies and project development
320 and environmental studies for capacity improvement projects on
321 limited-access facilities must include the evaluation of
322 alternatives that provide transportation capacity using elevated
323 roadways above existing lanes.
324 (2) All project development and environmental studies for

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325 new alignment projects and new capacity improvement projects
326 must be completed within 18 months after commencement to the
327 maximum extent possible.
328 Section 13. Subsections (4), (7), and (15) of section
329 337.11, Florida Statutes, are amended to read:
330 337.11 Contracting authority of department; bids;
331 emergency repairs, supplemental agreements, and change orders;
332 combined design and construction contracts; progress payments;
333 records; requirements of vehicle registration.—
334 (4)(a) The department may award the proposed construction
335 and maintenance work to the lowest responsible bidder, or in the
336 instance of a time-plus-money contract, the lowest evaluated
337 responsible bidder, or it may reject all bids and proceed to
338 rebid the work in accordance with subsection (2) or otherwise
339 perform the work.
340 (b)1. Notwithstanding any other provision of law to the
341 contrary, if the department intends to reject all bids on any
342 project after announcing but before posting official notice of
343 such intent, the department must provide to the lowest
344 responsive and responsible bidder the opportunity to negotiate
345 the scope of work with the corresponding reduction in price, as
346 provided in the bid, to provide a reduced bid without filing a
347 protest or posting a bond under paragraph (5)(a). Upon reaching
348 a decision regarding such bidder's reduced bid, the department
349 must post notice of final agency action to either reject all

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350 bids or accept the reduced bid.
351 2. This subsection does not prohibit the filing of a
352 protest by any bidder or alter the deadlines in s. 120.57.
353 3. Notwithstanding ss. 120.57(3)(c) and 287.057(25), upon
354 receipt of a timely filed formal written protest, the department
355 may continue with the process provided for in this subsection
356 but may not take final agency action as to the lowest responsive
357 and responsible bidder, except as part of the department's final
358 agency action in the protest or if the protesting party
359 dismisses the protest.
360 (7)(a) If the department determines that it is in the best
361 interests of the public, the department may combine the design
362 and construction phases of a project into a single contract.
363 Such contract is referred to as a design-build contract. For
364 design-build contracts, the department must receive at least
365 three letters of interest, and the department shall request
366 proposals from no fewer than three of the design-build firms
367 submitting such letters of interest. If a design-build firm
368 withdraws from consideration after the department requests
369 proposals, the department may continue if at least two proposals
370 are received.
371 (b) If the department determines that it is in the best
372 interests of the public, the department may combine the design
373 and construction phases of a project fully funded in the work
374 program into a single contract and select the design-build firm

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375 in the early stages of a project to ensure that the design-build
376 firm is part of the collaboration and development of the design
377 as part of a step-by-step progression through construction. Such
378 a contract is referred to as a phased design-build contract. For
379 phased design-build contracts, selection and award must include
380 a two-phase process. For phase one, the department shall
381 competitively award the contract to a design-build firm based
382 upon qualifications, provided that the department has received
383 at least three statements of qualifications from qualified
384 design-build firms. If the department elects, during phase one,
385 to enter into contracts with more than one design-build firm
386 based on qualifications, the department shall competitively
387 select a single design-build firm to perform the work associated
388 with phase two. For phase two, the design-build firm may
389 independently perform portions of the work and shall
390 competitively bid construction trade subcontractor packages and,
391 based upon the design-build firm's estimates of its
392 independently performed work and these bids, negotiate with the
393 department a fixed firm price or guaranteed maximum price that
394 meets the project budget and scope as advertised in the request
395 for qualifications.
396 (c) Design-build contracts and phased design-build
397 contracts may be advertised and awarded notwithstanding the
398 requirements of paragraph (3)(c). However, construction
399 activities may not begin on any portion of such projects for

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400 which the department has not yet obtained title to the necessary
401 rights-of-way and easements for the construction of that portion
402 of the project has vested in the state or a local governmental
403 entity and all railroad crossing and utility agreements have
404 been executed. Title to rights-of-way shall be deemed to have
405 vested in the state when the title has been dedicated to the
406 public or acquired by prescription.
407 (c)(d) The department shall adopt by rule procedures for
408 administering design-build and phased design-build contracts.
409 Such procedures shall include, but not be limited to:
410 1. Prequalification requirements.
411 2. Public announcement procedures.
412 3. Scope of service requirements.
413 4. Letters of interest requirements.
414 5. Short-listing criteria and procedures.
415 6. Bid proposal requirements.
416 7. Technical review committee.
417 8. Selection and award processes.
418 9. Stipend requirements.
419 (d)(e) For design-build contracts and phased design-build
420 contracts, the department must receive at least three letters of
421 interest, and in order to proceed with a request for proposals.
422 the department shall request proposals from no fewer than three
423 of the design-build firms submitting such letters of interest.
424 If a design-build firm withdraws from consideration after the

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425 department requests proposals, the department may continue if at
426 least two proposals are received.
427 (15) Each contract let by the department for performance
428 of bridge construction or maintenance on over navigable waters
429 must contain a provision requiring marine general liability
430 insurance, including protection and indemnity coverage, in an
431 amount to be determined by the department, which covers third-
432 party personal injury and property damage caused by vessels used
433 by the contractor in the performance of the work. Protection and
434 indemnity coverage may be covered by endorsement on the marine
435 general liability insurance policy or may be a separate policy.
436 Section 14. Subsections (1), (2), and (8) of section
437 337.14, Florida Statutes, are amended to read:
438 337.14 Application for qualification; certificate of
439 qualification; restrictions; request for hearing.—
440 (1)(a) A Any contractor desiring to bid for the
441 performance of a any construction contract in excess of $250,000
442 which the department proposes to let must first be certified by
443 the department as qualified pursuant to this section and rules
444 of the department. The rules of the department must address the
445 qualification of contractors to bid on construction contracts in
446 excess of $250,000 and must include requirements with respect to
447 the equipment, past record, experience, financial resources, and
448 organizational personnel of the applying contractor which are
449 necessary to perform the specific class of work for which the

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450 contractor seeks certification.
451 (b) A Any contractor who desires to bid on contracts in
452 excess of $50 million and who is not qualified and in good
453 standing with the department as of January 1, 2019, must first
454 be certified by the department as qualified and must have
455 satisfactorily completed two projects, each in excess of $15
456 million, for the department or for any other state department of
457 transportation.
458 (c) The department may limit the dollar amount of any
459 contract upon which a contractor is qualified to bid or the
460 aggregate total dollar volume of contracts such contractor is
461 allowed to have under contract at any one time.
462 (d)1. Each applying contractor seeking qualification to
463 bid on construction contracts in excess of $250,000 shall
464 furnish the department a statement under oath, on such forms as
465 the department may prescribe, setting forth detailed information
466 as required on the application.
467 2. Each application for certification must be accompanied
468 by audited, certified financial statements prepared in
469 accordance with generally accepted accounting principles and
470 auditing standards by a certified public accountant licensed in
471 this state or another state. The audited, certified financial
472 statements must be for the applying contractor and must have
473 been prepared within the immediately preceding 12 months.
474 3. The department may not consider any financial

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475 information of the parent entity of the applying contractor, if
476 any.
477 4. The department may not certify as qualified any
478 applying contractor who fails to submit the audited, certified
479 financial statements required by this subsection.
480 5. If the application or the annual financial statement
481 shows the financial condition of the applying contractor more
482 than 4 months before the date on which the application is
483 received by the department, the applicant must also submit
484 interim audited, certified financial statements prepared in
485 accordance with generally accepted accounting principles and
486 auditing standards by a certified public accountant licensed in
487 this state or another state. The interim financial statements
488 must cover the period from the end date of the annual statement
489 and must show the financial condition of the applying contractor
490 no more than 4 months before the date that the interim financial
491 statements are received by the department. However, upon the
492 request of the applying contractor, an application and
493 accompanying annual or interim financial statement received by
494 the department within 15 days after either 4-month period under
495 this subsection shall be considered timely.
496 6. An applying contractor desiring to bid exclusively for
497 the performance of construction contracts with proposed budget
498 estimates of less than $2 million may submit reviewed annual or
499 reviewed interim financial statements prepared by a certified

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500 public accountant.
501 (e) The information required by this subsection is
502 confidential and exempt from s. 119.07(1).
503 (f) The department shall act upon the application for
504 qualification within 30 days after the department determines
505 that the application is complete.
506 (g) The department may waive the requirements of this
507 subsection for:
508 1. A push-button contract or a task work order contract
509 that has a contract price of $1 million or less; or
510 2. A project that has projects having a contract price of
511 $500,000 or less if the department determines that the project
512 is of a noncritical nature and the waiver will not endanger
513 public health, safety, or property.
514 (2) Certification shall be necessary in order to bid on a
515 road, bridge, or public transportation construction contract of
516 more than $250,000. However, the successful bidder on any
517 construction contract must furnish a contract bond before prior
518 to the award of the contract. The department may waive the
519 requirement for all or a portion of a contract bond for
520 contracts of $250,000 $150,000 or less under s. 337.18(1).
521 (8) This section does not apply to maintenance contracts.
522 Notwithstanding any other provision of law, a contractor seeking
523 to bid on a maintenance contract for which the majority of the
524 work includes repair and replacement of safety appurtenances,

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525 including, but not limited to, guardrails, attenuators, traffic
526 signals, and striping, must possess the prescribed
527 qualifications, equipment, past record, and experience required
528 to perform such work.
529 Section 15. Subsections (4) and (5) of section 337.185,
530 Florida Statutes, are amended to read:
531 337.185 State Arbitration Board.—
532 (4) The contractor may submit a claim greater than
533 $250,000 up to $2 million $1 million per contract or, upon
534 agreement of the parties, greater than up to $2 million per
535 contract to be arbitrated by the board. An award issued by the
536 board pursuant to this subsection is final if a request for a
537 trial de novo is not filed within the time provided by Rule
538 1.830, Florida Rules of Civil Procedure. At the trial de novo,
539 the court may not admit evidence that there has been an
540 arbitration proceeding, the nature or amount of the award, or
541 any other matter concerning the conduct of the arbitration
542 proceeding, except that sworn testimony given in connection with
543 at an arbitration hearing may be used for any purpose otherwise
544 permitted by the Florida Evidence Code. If a request for trial
545 de novo is not filed within the time provided, the award issued
546 by the board is final and enforceable by a court of law.
547 (5) An arbitration request may not be made to the board
548 before final acceptance but must be made to the board within 820
549 days after final acceptance or within 360 days after written

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550 notice by the department of a claim related to a written
551 warranty or defect after final acceptance, whichever is later.
552 Section 16. Subsection (2) of section 337.19, Florida
553 Statutes, is amended to read:
554 337.19 Suits by and against department; limitation of
555 actions; forum.—
556 (2) Suits by and against the department under this section
557 shall be commenced within 820 days after of the final acceptance
558 of the work or within 360 days after written notice by the
559 department of a claim related to a written warranty or defect
560 after final acceptance, whichever is later. This section shall
561 apply to all contracts entered into after June 30, 1993.
562 Section 17. Subsection (10) of section 339.175, Florida
563 Statutes, is renumbered as subsection (11), subsection (1),
564 paragraph (a) of subsection (2), paragraphs (b), (i), and (j) of
565 subsection (6), paragraphs (a), (b), and (d) of subsection (7),
566 and present subsection (11) are amended, and a new subsection
567 (10) is added to that section, to read:
568 339.175 Metropolitan planning organization.—
569 (1) PURPOSE.—It is the intent of the Legislature to
570 encourage and promote the safe and efficient management,
571 operation, and development of multimodal surface transportation
572 systems that will serve the mobility needs of people and freight
573 and foster economic growth and development within and through
574 urbanized areas of this state in accordance with the

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575 department's mission statement while minimizing transportation-
576 related fuel consumption, air pollution, and greenhouse gas
577 emissions through metropolitan transportation planning processes
578 identified in this section. To accomplish these objectives,
579 metropolitan planning organizations, referred to in this section
580 as M.P.O.'s, shall develop, in cooperation with the state and
581 public transit operators, transportation plans and programs for
582 metropolitan areas. The plans and programs for each metropolitan
583 area must provide for the development and integrated management
584 and operation of transportation systems and facilities,
585 including pedestrian walkways and bicycle transportation
586 facilities that will function as an intermodal transportation
587 system for the metropolitan area, based upon the prevailing
588 principles provided in s. 334.046(1). The process for developing
589 such plans and programs shall provide for consideration of all
590 modes of transportation and shall be continuing, cooperative,
591 and comprehensive, to the degree appropriate, based on the
592 complexity of the transportation problems to be addressed. To
593 ensure that the process is integrated with the statewide
594 planning process, M.P.O.'s shall develop plans and programs that
595 identify transportation facilities that should function as an
596 integrated metropolitan transportation system, giving emphasis
597 to facilities that serve important national, state, and regional
598 transportation functions. For the purposes of this section,
599 those facilities include the facilities on the Strategic

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600 Intermodal System designated under s. 339.63 and facilities for
601 which projects have been identified pursuant to s. 339.2819(4).
602 (2) DESIGNATION.—
603 (a)1. An M.P.O. shall be designated for each urbanized
604 area of the state; however, this does not require that an
605 individual M.P.O. be designated for each such area. Such
606 designation shall be accomplished by agreement between the
607 Governor and units of general-purpose local government
608 representing at least 75 percent of the population of the
609 urbanized area; however, the unit of general-purpose local
610 government that represents the central city or cities within the
611 M.P.O. jurisdiction, as defined by the United States Bureau of
612 the Census, must be a party to such agreement.
613 2. To the extent possible, only one M.P.O. shall be
614 designated for each urbanized area or group of contiguous
615 urbanized areas. More than one M.P.O. may be designated within
616 an existing urbanized area only if the Governor and the existing
617 M.P.O. determine that the size and complexity of the existing
618 urbanized area makes the designation of more than one M.P.O. for
619 the area appropriate. After July 1, 2025, no additional M.P.O.'s
620 may be designated in this state except in urbanized areas, as
621 defined by the United States Bureau of the Census, where the
622 urbanized area boundary is not contiguous to an urbanized area
623 designated before the 2020 census, in which case each M.P.O.
624 designated for the area must:

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625 a. Consult with every other M.P.O. designated for the
626 urbanized area and the state to coordinate plans and
627 transportation improvement programs.
628 b. Ensure, to the maximum extent practicable, the
629 consistency of data used in the planning process, including data
630 used in forecasting travel demand within the urbanized area.
631
632 Each M.P.O. required under this section must be fully operative
633 no later than 6 months following its designation.
634 (6) POWERS, DUTIES, AND RESPONSIBILITIES.—The powers,
635 privileges, and authority of an M.P.O. are those specified in
636 this section or incorporated in an interlocal agreement
637 authorized under s. 163.01. Each M.P.O. shall perform all acts
638 required by federal or state laws or rules, now and subsequently
639 applicable, which are necessary to qualify for federal aid. It
640 is the intent of this section that each M.P.O. be involved in
641 the planning and programming of transportation facilities,
642 including, but not limited to, airports, intercity and high-
643 speed rail lines, seaports, and intermodal facilities, to the
644 extent permitted by state or federal law. An M.P.O. may not
645 perform project production or delivery for capital improvement
646 projects on the State Highway System.
647 (b) In developing the long-range transportation plan and
648 the transportation improvement program required under paragraph
649 (a), each M.P.O. shall provide for consideration of projects and

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650 strategies that will:
651 1. Support the economic vitality of the contiguous
652 urbanized metropolitan area, especially by enabling global
653 competitiveness, productivity, and efficiency.
654 2. Increase the safety and security of the transportation
655 system for motorized and nonmotorized users.
656 3. Increase the accessibility and mobility options
657 available to people and for freight.
658 4. Protect and enhance the environment, conserve natural
659 resources promote energy conservation, and improve quality of
660 life.
661 5. Enhance the integration and connectivity of the
662 transportation system, across and between modes and contiguous
663 urbanized metropolitan areas, for people and freight.
664 6. Promote efficient system management and operation.
665 7. Emphasize the preservation of the existing
666 transportation system.
667 8. Improve the resilience of transportation
668 infrastructure.
669 9. Reduce traffic and congestion.
670 (i) By December 31, 2023, the M.P.O.'s serving
671 Hillsborough, Pasco, and Pinellas Counties must submit a
672 feasibility report to the Governor, the President of the Senate,
673 and the Speaker of the House of Representatives exploring the
674 benefits, costs, and process of consolidation into a single

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675 M.P.O. serving the contiguous urbanized area, the goal of which
676 would be to:
677 1. Coordinate transportation projects deemed to be
678 regionally significant.
679 2. Review the impact of regionally significant land use
680 decisions on the region.
681 3. Review all proposed regionally significant
682 transportation projects in the transportation improvement
683 programs.
684 (i)(j)1. To more fully accomplish the purposes for which
685 M.P.O.'s have been mandated, the department shall, at least
686 annually, convene M.P.O.'s for the purpose of exchanging best
687 practices. M.P.O.'s may shall develop committees or working
688 groups as needed to accomplish such purpose. Training for new
689 M.P.O. governing board members shall be provided by the
690 department or, at the discretion of the department, by an entity
691 pursuant to a contract with the department, by the Florida
692 Center for Urban Transportation Research, or by the Implementing
693 Solutions from Transportation Research and Evaluation of
694 Emerging Technologies (I-STREET) living lab coordination
695 mechanisms with one another to expand and improve transportation
696 within the state. The appropriate method of coordination between
697 M.P.O.'s shall vary depending upon the project involved and
698 given local and regional needs. Consequently, it is appropriate
699 to set forth a flexible methodology that can be used by M.P.O.'s

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700 to coordinate with other M.P.O.'s and appropriate political
701 subdivisions as circumstances demand.
702 2. Any M.P.O. may join with any other M.P.O. or any
703 individual political subdivision to coordinate activities or to
704 achieve any federal or state transportation planning or
705 development goals or purposes consistent with federal or state
706 law. When an M.P.O. determines that it is appropriate to join
707 with another M.P.O. or any political subdivision to coordinate
708 activities, the M.P.O. or political subdivision shall enter into
709 an interlocal agreement pursuant to s. 163.01, which, at a
710 minimum, creates a separate legal or administrative entity to
711 coordinate the transportation planning or development activities
712 required to achieve the goal or purpose; provides the purpose
713 for which the entity is created; provides the duration of the
714 agreement and the entity and specifies how the agreement may be
715 terminated, modified, or rescinded; describes the precise
716 organization of the entity, including who has voting rights on
717 the governing board, whether alternative voting members are
718 provided for, how voting members are appointed, and what the
719 relative voting strength is for each constituent M.P.O. or
720 political subdivision; provides the manner in which the parties
721 to the agreement will provide for the financial support of the
722 entity and payment of costs and expenses of the entity; provides
723 the manner in which funds may be paid to and disbursed from the
724 entity; and provides how members of the entity will resolve

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725 disagreements regarding interpretation of the interlocal
726 agreement or disputes relating to the operation of the entity.
727 Such interlocal agreement shall become effective upon its
728 recordation in the official public records of each county in
729 which a member of the entity created by the interlocal agreement
730 has a voting member. Multiple M.P.O.'s may merge, combine, or
731 otherwise join together as a single M.P.O.
732 (7) LONG-RANGE TRANSPORTATION PLAN.—Each M.P.O. must
733 develop a long-range transportation plan that addresses at least
734 a 20-year planning horizon. The plan must include both long-
735 range and short-range strategies and must comply with all other
736 state and federal requirements. The prevailing principles to be
737 considered in the long-range transportation plan are: preserving
738 the existing transportation infrastructure; enhancing Florida's
739 economic competitiveness; and improving travel choices to ensure
740 mobility. The long-range transportation plan must be consistent,
741 to the maximum extent feasible, with future land use elements
742 and the goals, objectives, and policies of the approved local
743 government comprehensive plans of the units of local government
744 located within the jurisdiction of the M.P.O. Each M.P.O. is
745 encouraged to consider strategies that integrate transportation
746 and land use planning to provide for sustainable development and
747 reduce greenhouse gas emissions. The approved long-range
748 transportation plan must be considered by local governments in
749 the development of the transportation elements in local

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750 government comprehensive plans and any amendments thereto. The
751 long-range transportation plan must, at a minimum:
752 (a) Identify transportation facilities, including, but not
753 limited to, major roadways, airports, seaports, spaceports,
754 commuter rail systems, transit systems, and intermodal or
755 multimodal terminals that will function as an integrated
756 metropolitan transportation system. The long-range
757 transportation plan must give emphasis to those transportation
758 facilities that serve national, statewide, or regional
759 functions, and must consider the goals and objectives identified
760 in the Florida Transportation Plan as provided in s. 339.155. If
761 a project is located within the boundaries of more than one
762 M.P.O., the M.P.O.'s must coordinate plans regarding the project
763 in the long-range transportation plan. Multiple M.P.O.'s within
764 a contiguous urbanized area must coordinate the development of
765 long-range transportation plans to be reviewed by the
766 Metropolitan Planning Organization Advisory Council.
767 (b) Include a financial plan that demonstrates how the
768 plan can be implemented, indicating resources from public and
769 private sources which are reasonably expected to be available to
770 carry out the plan, and recommends any additional financing
771 strategies for needed projects and programs. The financial plan
772 may include, for illustrative purposes, additional projects that
773 would be included in the adopted long-range transportation plan
774 if reasonable additional resources beyond those identified in

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775 the financial plan were available. For the purpose of developing
776 the long-range transportation plan, the M.P.O. and the
777 department shall cooperatively develop estimates of funds that
778 will be available to support the plan implementation. Innovative
779 financing techniques may be used to fund needed projects and
780 programs. Such techniques may include the assessment of tolls,
781 public-private partnerships, the use of value capture financing,
782 or the use of value pricing. Multiple M.P.O.'s within a
783 contiguous urbanized area must ensure, to the maximum extent
784 possible, the consistency of data used in the planning process.
785 (d) Indicate, as appropriate, proposed transportation
786 enhancement activities, including, but not limited to,
787 pedestrian and bicycle facilities, trails or facilities that are
788 regionally significant or critical linkages for the Florida
789 Shared-Use Nonmotorized Trail Network, scenic easements,
790 landscaping, integration of advanced air mobility, and
791 integration of autonomous and electric vehicles, electric
792 bicycles, and motorized scooters used for freight, commuter, or
793 micromobility purposes historic preservation, mitigation of
794 water pollution due to highway runoff, and control of outdoor
795 advertising.
796
797 In the development of its long-range transportation plan, each
798 M.P.O. must provide the public, affected public agencies,
799 representatives of transportation agency employees, freight

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800 shippers, providers of freight transportation services, private
801 providers of transportation, representatives of users of public
802 transit, and other interested parties with a reasonable
803 opportunity to comment on the long-range transportation plan.
804 The long-range transportation plan must be approved by the
805 M.P.O.
806 (10) AGREEMENTS; ACCOUNTABILITY.—
807 (a) Each M.P.O. may execute a written agreement with the
808 department, which shall be reviewed, and updated as necessary,
809 every 5 years, which clearly establishes the cooperative
810 relationship essential to accomplish the transportation planning
811 requirements of state and federal law. Roles, responsibilities,
812 and expectations for accomplishing consistency with federal and
813 state requirements and priorities must be set forth in the
814 agreement. In addition, the agreement must set forth the
815 M.P.O.'s responsibility, in collaboration with the department,
816 to identify, prioritize, and present to the department a
817 complete list of multimodal transportation projects consistent
818 with the needs of the metropolitan planning area. It is the
819 department's responsibility to schedule projects in the state
820 transportation improvement program, in collaboration with the
821 M.P.O.'s, considering the annual M.P.O. list of priority
822 projects, as available funding allows.
823 (b) The department must establish, in collaboration with
824 each M.P.O., quality performance metrics such as safety,

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825 infrastructure condition, congestion relief, and mobility. Each
826 M.P.O. must, as part of its long-range transportation plan, in
827 direct coordination with the department, develop targets for
828 each performance measure within the metropolitan planning area
829 boundary. The performance targets must support efficient and
830 safe movement of people and goods both within the metropolitan
831 planning area and between regions. Each M.P.O. must report
832 progress toward establishing performance targets for each
833 measure annually in its transportation improvement plan. The
834 department shall evaluate and post on its website whether each
835 M.P.O. has made significant progress toward its target for the
836 applicable reporting period.
837 (11) METROPOLITAN PLANNING ORGANIZATION ADVISORY COUNCIL.—
838 (a) A Metropolitan Planning Organization Advisory Council
839 is created to augment, and not supplant, the role of the
840 individual M.P.O.'s in the cooperative transportation planning
841 process described in this section.
842 (b) The council shall consist of one representative from
843 each M.P.O. and shall elect a chairperson annually from its
844 number. Each M.P.O. shall also elect an alternate representative
845 from each M.P.O. to vote in the absence of the representative.
846 Members of the council do not receive any compensation for their
847 services, but may be reimbursed from funds made available to
848 council members for travel and per diem expenses incurred in the
849 performance of their council duties as provided in s. 112.061.

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850 (c) The powers and duties of the Metropolitan Planning
851 Organization Advisory Council are to:
852 1. Establish bylaws by action of its governing board
853 providing procedural rules to guide its proceedings and
854 consideration of matters before the council, or, alternatively,
855 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
856 provisions of law conferring powers or duties upon it.
857 2. Assist M.P.O.'s in carrying out the urbanized area
858 transportation planning process by serving as the principal
859 forum for collective policy discussion pursuant to law.
860 3. Serve as a clearinghouse for review and comment by
861 M.P.O.'s on the Florida Transportation Plan and on other issues
862 required to comply with federal or state law in carrying out the
863 urbanized area transportation and systematic planning processes
864 instituted pursuant to s. 339.155. The council must also report
865 annually to the Florida Transportation Commission on the
866 alignment of M.P.O. long-range transportation plans with the
867 Florida Transportation Plan.
868 4. Employ an executive director and such other staff as
869 necessary to perform adequately the functions of the council,
870 within budgetary limitations. The executive director and staff
871 are exempt from part II of chapter 110 and serve at the
872 direction and control of the council. The council is assigned to
873 the Office of the Secretary of the Department of Transportation
874 for fiscal and accountability purposes, but it shall otherwise

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875 function independently of the control and direction of the
876 department.
877 5. Deliver training on federal and state program
878 requirements and procedures to M.P.O. board members and M.P.O.
879 staff.
880 6. Adopt an agency strategic plan that prioritizes steps
881 the agency will take to carry out its mission within the context
882 of the state comprehensive plan and any other statutory mandates
883 and directives.
884 (d) The Metropolitan Planning Organization Advisory
885 Council may enter into contracts in accordance with chapter 287
886 to support the activities described in paragraph (c). Lobbying
887 and the acceptance of funds, grants, assistance, gifts, or
888 bequests from private, local, state, or federal sources are
889 prohibited.
890 Section 18. Subsection (4) of section 339.65, Florida
891 Statutes, is amended to read:
892 339.65 Strategic Intermodal System highway corridors.—
893 (4) The department shall develop and maintain a plan of
894 Strategic Intermodal System highway corridor projects that are
895 anticipated to be let to contract for construction within a time
896 period of at least 20 years. The department, in collaboration
897 with each M.P.O., shall prioritize projects that address gaps in
898 a corridor so that the corridor becomes contiguous. The plan
899 shall also identify when segments of the corridor will meet the

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900 standards and criteria developed pursuant to subsection (5).
901 Section 19. Section 339.84, Florida Statutes, is amended
902 to read:
903 339.84 Workforce development.—
904 (1) Beginning in the 2023-2024 fiscal year and annually
905 thereafter for 5 years, $5 million shall be allocated from the
906 State Transportation Trust Fund to the workforce development
907 program as provided in s. 334.044(35) to promote career paths in
908 Florida's road and bridge industry.
909 (2) In fiscal years 2025-2026 through 2029-2030, the
910 department may expend up to $5 million each fiscal year for
911 grants to Florida College System institutions and high schools
912 for the purchase of equipment simulators with authentic original
913 equipment manufacturer controls. Each grant recipient must offer
914 an elective course in heavy civil construction the curriculum of
915 which is specifically designed to use an equipment simulator and
916 other instructional aides to, at a minimum, provide the student
917 with OSHA 10 Construction certification and an equipment
918 simulator certification. In awarding such grants, the department
919 shall give priority to Florida College System institutions and
920 high schools in rural communities as defined in s. 288.0656(2).
921 Section 20. Section 339.85, Florida Statutes, is created
922 to read:
923 339.85 Next-generation Traffic Signal Modernization
924 Program.—

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925 (1) The department shall implement the Next-generation
926 Traffic Signal Modernization Program. The Next-generation
927 Traffic Signal Modernization Program shall consist of
928 retrofitting existing traffic signals and controllers and
929 providing a communication backbone for remote operations and
930 management of such signals on the State Highway System and the
931 nonstate highway system. Such signal upgrades shall be
932 prioritized based on average annual daily traffic and the impact
933 of adding to an existing interconnected system.
934 (2) The program shall consist of an advanced traffic
935 management platform that uses state-of-the-art technology to
936 deliver accurate detection in all weather conditions, offering
937 fully integrated stop bar and advance detection management to
938 improve safety and vehicle movement at intersections, including
939 pedestrian protection. In addition to supporting time-of-day
940 signal timing plans, the program shall provide real-time traffic
941 optimization to improve flow and enhance safety. The program
942 must comply with leading cybersecurity standards, such as SOC 2
943 and ISO 27001, ensuring robust data protection.
944 Section 21. Paragraph (e) of subsection (2) of section
945 331.310, Florida Statutes, is amended to read:
946 331.310 Powers and duties of the board of directors.—
947 (2) The board of directors shall:
948 (e) Prepare an annual report of operations as a supplement
949 to the annual report required under s. 331.3051(15) s.

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950 331.3051(16). The report must include, but not be limited to, a
951 balance sheet, an income statement, a statement of changes in
952 financial position, a reconciliation of changes in equity
953 accounts, a summary of significant accounting principles, the
954 auditor's report, a summary of the status of existing and
955 proposed bonding projects, comments from management about the
956 year's business, and prospects for the next year.
957 Section 22. The Legislature finds that the widening of
958 that portion of Interstate 4 between U.S. Highway 27 in Polk
959 County and Interstate 75 in Hillsborough County is in the public
960 interest and in the strategic interest of the region to improve
961 the movement of people and goods. The Department of
962 Transportation shall develop a report that includes, but is not
963 limited to, detailed costs for project development and
964 environmental studies, design, acquisition of rights-of-way, and
965 construction and a schedule to complete the widening as
966 expeditiously as possible. Such report shall identify funding
967 shortfalls and strategies to address such shortfalls, including,
968 but not limited to, using express lane toll revenues generated
969 on the Interstate 4 corridor and other available department
970 funds for public-private partnerships. The department shall
971 submit the report by December 31, 2025, to the Governor, the
972 President of the Senate, and the Speaker of the House of
973 Representatives.
974 Section 23. By October 31, 2025, the Department of

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975 Transportation shall submit to the Governor, the President of
976 the Senate, and the Speaker of the House of Representatives a
977 report that provides a comprehensive review of the boundaries of
978 each of the department's districts and whether any district's
979 boundaries should be redrawn as a result of population growth
980 and increased urban density.
981 Section 24. Section 332.136, Florida Statutes, is created
982 to read:
983 332.136 Sarasota Manatee Airport Authority; airport pilot
984 program.—
985 (1) There is established at the Sarasota Manatee Airport
986 Authority (SMAA) an airport pilot program. The purpose of the
987 pilot program is to determine the long-term feasibility of
988 alternative airport permitting procedures such as those provided
989 in ss. 553.80, 1013.30, 1013.33, and 1013.371.
990 (2) The department shall adopt rules as necessary to
991 implement the pilot program.
992 (3) By December 1, 2027, the department shall submit
993 recommendations to the President of the Senate and the Speaker
994 of the House of Representatives about how to expand the pilot
995 program to additional airports, amend the pilot program to
996 increase its effectiveness, or terminate the pilot program.
997 (4) This section shall stand repealed on June 30, 2028,
998 unless reviewed and saved from appeal through reenactment by the
999 Legislature.

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1000 Section 25. Paragraph (a) of subsection (3) of section
1001 348.0304, Florida Statutes, is amended to read:
1002 348.0304 Greater Miami Expressway Agency.—
1003 (3)(a) The governing body of the agency shall consist of
1004 nine voting members. Except for the district secretary of the
1005 department, each member must be a permanent resident of a county
1006 served by the agency and may not hold, or have held in the
1007 previous 2 years, elected or appointed office in such county,
1008 except that this paragraph does not apply to any initial
1009 appointment under paragraph (b) or to any member who previously
1010 served on the governing body of the former Greater Miami
1011 Expressway Agency. Each member may only serve two terms of 4
1012 years each, except that there is no restriction on the term of
1013 the department's district secretary. Four members, each of whom
1014 must be a permanent resident of Miami-Dade County, shall be
1015 appointed by the Governor, subject to confirmation by the Senate
1016 at the next regular session of the Legislature. Refusal or
1017 failure of the Senate to confirm an appointment shall create a
1018 vacancy. Appointments made by the Governor and board of county
1019 commissioners of Miami-Dade County shall reflect the state's
1020 interests in the transportation sector and represent the intent,
1021 duties, and purpose of the Greater Miami Expressway Agency, and
1022 have at least 3 years of professional experience in one or more
1023 of the following areas: finance; land use planning; tolling
1024 industry; or transportation engineering. Two members, who must

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1025 be residents of an unincorporated portion of the geographic area
1026 described in subsection (1) and residing within 15 miles of an
1027 area with the highest amount of agency toll road roads, shall be
1028 appointed by the board of county commissioners of Miami-Dade
1029 County. Two members, who must be residents of incorporated
1030 municipalities within a county served by the agency, shall be
1031 appointed by the metropolitan planning organization for a county
1032 served by the agency. The district secretary of the department
1033 serving in the district that contains Miami-Dade County shall
1034 serve as an ex officio voting member of the governing body.
1035 Section 26. This act shall take effect July 1, 2025.

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CS/CS/HB 567 by Rep. McFarland
Transportation

AMENDMENT SUMMARY
April 22, 2025

Amendment 1 by Rep. McFarland (line 921):
• Amends procedures related to contesting a notice of violation, recorded by a school bus
infraction detection system, for failing to stop for a school bus and makes conforming
changes.
• Modifies provisions of the bill related to implementation of a Next-generation Traffic
Signal Modernization Program by the Department of Transportation (FDOT).
• Prohibits landing fees for certain aircraft operations.

Amendment 2 by Rep. McFarland (line 158):
• Revises the definitions of “dynamic driving task” and “micromobility device” found in
current law.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (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 921-1035 and insert:
6 Section 20. Effective upon this act becoming a law,
7 subsections (6) through (19) of section 316.173, Florida
8 Statutes, are renumbered as subsections (7) through (20),
9 respectively, paragraph (c) of subsection (1), subsection (5),
10 and present subsections (8), (10), (11), and (12) are amended,
11 and a new subsection (6) is added to that section, to read:
12 316.173 School bus infraction detection systems.—
13 (1)
14 (c) The school district must ensure that each school bus
15 infraction detection system meets the requirements of subsection
16 (19) (18).
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17 (5) Within 30 days after receiving the information
18 required in subsection (4), the law enforcement agency or its
19 designee must, if it is determined that the motor vehicle
20 violated s. 316.172(1)(a) or (b), send a notice of violation to
21 the registered owner of the motor vehicle involved in the
22 violation specifying the remedies available under s. 318.14 and
23 that the violator must pay the penalty under s. 318.18(5), or
24 furnish an affidavit in accordance with subsection (11), or
25 request an administrative hearing with the school district
26 subsection (10) within 60 30 days after the notice of violation
27 is sent in order to avoid court fees, costs, and the issuance of
28 a uniform traffic citation. The mailing of the notice of
29 violation constitutes notification. The notice of violation must
30 be sent by first-class mail and include all of the following:
31 (a) A copy of one or more recorded images showing the
32 motor vehicle involved in the violation, including an image
33 showing the license plate of the motor vehicle.
34 (b) The date, time, and location of the violation.
35 (c) The amount of the civil penalty, the date by which the
36 civil penalty must be paid, and instructions on how to pay the
37 civil penalty.
38 (d) Instructions on how to request a hearing to contest
39 liability or the notice of violation.
40 (e) A notice that the owner has the right to review, in
41 person or remotely, the video and images recorded by the school
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42 bus infraction detection system which constitute a rebuttable
43 presumption against the owner of the motor vehicle that the
44 motor vehicle was used in violation of s. 316.172(1)(a) or (b).
45 (f) The time when, and the place or website at which, the
46 recorded video and images may be examined and observed.
47 (g) A warning that failure to pay the civil penalty or to
48 contest liability within 60 30 days after the notice is sent
49 will result in the issuance of a uniform traffic citation. A
50 court that has jurisdiction over traffic violations shall
51 determine whether a violation of this section has occurred. If a
52 court finds by a preponderance of the evidence that a violation
53 occurred, the court must uphold the violation. If the notice of
54 violation is upheld, the court must require the petitioner to
55 pay the penalty previously assessed under s. 318.18(5), and may
56 also require the petitioner to pay costs, not to exceed those
57 established in s. 316.0083(5)(e).
58 (6)(a) A local hearing officer appointed by the school
59 district shall administer an administrative hearing process for
60 a contested notice of violation. The school district may appoint
61 an attorney who is, and has been for the preceding 5 years, a
62 member in good standing with The Florida Bar to serve as a local
63 hearing officer. At the administrative hearing, the local
64 hearing officer shall determine whether a violation of s.
65 316.172(1)(a) or (b) has occurred. If the local hearing officer
66 finds by a preponderance of the evidence that a violation has
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67 occurred, the local hearing officer must uphold the notice of
68 violation and require the petitioner to pay the penalty
69 previously assessed under s. 318.18(5). The local hearing
70 officer shall also require the petitioner to pay costs
71 consistent with this subsection.
72 (b) Procedures for an administrative hearing conducted
73 under this subsection are as follows:
74 1. The department shall make available electronically to
75 the school district or its designee a Request for Hearing form
76 to assist each district with administering this subsection.
77 2. Any person, herein referred to as the "petitioner," who
78 elects to request a hearing under this subsection shall be
79 scheduled for a hearing. The hearing may be conducted either
80 virtually via live video conferencing or in person.
81 3. Within 120 days after receipt of a timely request for a
82 hearing, the law enforcement agency or its designee shall
83 provide a replica of the notice of violation data to the school
84 district by manual or electronic transmission, and thereafter
85 the school district or its designee shall mail a notice of
86 hearing, which shall include a hearing date and may at the
87 discretion of the district include virtual and in-person hearing
88 options, to the petitioner by first-class mail. Mailing of the
89 notice of hearing constitutes notification. Upon receipt of the
90 notice of hearing, the petitioner may reschedule the hearing
91 once by submitting a written request to the local hearing
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92 officer at least 5 calendar days before the day of the
93 originally scheduled hearing. The petitioner may cancel his or
94 her hearing by paying the penalty assessed in the notice of
95 violation.
96 4. All testimony at the hearing shall be under oath. The
97 local hearing officer shall take testimony from the law
98 enforcement agency and the petitioner, and may take testimony
99 from others. The local hearing officer shall review the video
100 and images recorded by a school bus infraction detection system.
101 Formal rules of evidence do not apply, but due process shall be
102 observed and govern the proceedings.
103 5. At the conclusion of the hearing, the local hearing
104 officer shall determine by a preponderance of the evidence
105 whether a violation has occurred and shall uphold or dismiss the
106 violation. The local hearing officer shall issue a final
107 administrative order including the determination and, if the
108 notice of violation is upheld, require the petitioner to pay the
109 civil penalty previously assessed in the notice of violation,
110 and shall also require the petitioner to pay costs, not to
111 exceed those established in s. 316.0083(5)(e), to be used by the
112 school district for technology and operational costs relating to
113 the hearing process as well as school transportation safety-
114 related initiatives. The final administrative order shall be
115 mailed to the petitioner by first-class mail.

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116 6. An aggrieved party may appeal a final administrative
117 order consistent with the process provided in s. 162.11.
118 (c) Any hearing for a contested notice of violation that
119 has not been conducted before July 1, 2025, may be conducted
120 pursuant to the procedures in this subsection within 1 year
121 after such date.
122 (9)(8) A uniform traffic citation must be issued by
123 mailing the uniform traffic citation by certified mail to the
124 address of the registered owner of the motor vehicle involved in
125 the violation if, within 60 days after notification under
126 subsection (5), payment has not been made, within 30 days after
127 notification under subsection (5) and if the registered owner
128 has not submitted an affidavit in accordance with subsection
129 (11), or the registered owner has not requested an
130 administrative hearing with the school district contesting the
131 notice of violation pursuant to subsection (6) (10).
132 (a) Delivery of the uniform traffic citation constitutes
133 notification of a violation under this subsection. If the
134 registered owner or co-owner of the motor vehicle; the person
135 identified as having care, custody, or control of the motor
136 vehicle at the time of the violation; or a duly authorized
137 representative of the owner, co-owner, or identified person
138 initiates a proceeding to challenge the citation, such person
139 waives any challenge or dispute as to the delivery of the
140 uniform traffic citation.
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141 (b) In the case of joint ownership of a motor vehicle, the
142 uniform traffic citation must be mailed to the first name
143 appearing on the motor vehicle registration, unless the first
144 name appearing on the registration is a business organization,
145 in which case the second name appearing on the registration may
146 be used.
147 (c) The uniform traffic citation mailed to the registered
148 owner of the motor vehicle involved in the violation must be
149 accompanied by information described in paragraphs (5)(a)-(f).
150 (11)(10) To establish such facts under subsection (10)
151 (9), the registered owner of the motor vehicle must, within 60
152 30 days after the date of issuance of the notice of violation or
153 the uniform traffic citation, furnish to the law enforcement
154 agency that issued the notice of violation or uniform traffic
155 citation an affidavit setting forth information supporting an
156 exception under subsection (10) (9).
157 (a) An affidavit supporting the exception under paragraph
158 (10)(a) (9)(a) must include the name, address, date of birth,
159 and, if known, the driver license number of the person who
160 leased, rented, or otherwise had care, custody, or control of
161 the motor vehicle at the time of the alleged violation. If the
162 motor vehicle was stolen at the time of the alleged violation,
163 the affidavit must include the police report indicating that the
164 motor vehicle was stolen.

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165 (b) If a uniform traffic citation for a violation of s.
166 316.172(1)(a) or (b) was issued at the location of the violation
167 by a law enforcement officer, the affidavit must include the
168 serial number of the uniform traffic citation.
169 (c) If the motor vehicle's owner to whom a notice of
170 violation or a uniform traffic citation has been issued is
171 deceased, the affidavit must include a certified copy of the
172 owner's death certificate showing that the date of death
173 occurred on or before the date of the alleged violation and one
174 of the following:
175 1. A bill of sale or other document showing that the
176 deceased owner's motor vehicle was sold or transferred after his
177 or her death but on or before the date of the alleged violation.
178 2. Documented proof that the registered license plate
179 belonging to the deceased owner's motor vehicle was returned to
180 the department or any branch office or authorized agent of the
181 department after his or her death but on or before the date of
182 the alleged violation.
183 3. A copy of the police report showing that the deceased
184 owner's registered license plate or motor vehicle was stolen
185 after his or her death but on or before the date of the alleged
186 violation.
187
188 Upon receipt of the affidavit and documentation required under
189 paragraphs (b) and (c), or 60 30 days after the date of issuance
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190 of a notice of violation sent to a person identified as having
191 care, custody, or control of the motor vehicle at the time of
192 the violation under paragraph (a), the law enforcement agency
193 must dismiss the notice or citation and provide proof of such
194 dismissal to the person who submitted the affidavit. If, within
195 60 30 days after the date of a notice of violation sent to a
196 person under subsection (12) (11), the law enforcement agency
197 receives an affidavit under subsection (13) (12) from the person
198 who was sent a notice of violation affirming that the person did
199 not have care, custody, or control of the motor vehicle at the
200 time of the violation, the law enforcement agency must notify
201 the registered owner that the notice or citation will not be
202 dismissed due to failure to establish that another person had
203 care, custody, or control of the motor vehicle at the time of
204 the violation.
205 (12)(11) Upon receipt of an affidavit under paragraph
206 (10)(a) (9)(a), the law enforcement agency may issue the person
207 identified as having care, custody, or control of the motor
208 vehicle at the time of the violation a notice of violation
209 pursuant to subsection (5) for a violation of s. 316.172(1)(a)
210 or (b). The affidavit is admissible in a proceeding pursuant to
211 this section for the purpose of providing evidence that the
212 person identified in the affidavit was in actual care, custody,
213 or control of the motor vehicle. The owner of a leased motor
214 vehicle for which a uniform traffic citation is issued for a
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215 violation of s. 316.172(1)(a) or (b) is not responsible for
216 paying the uniform traffic citation and is not required to
217 submit an affidavit as specified in subsection (11) (10) if the
218 motor vehicle involved in the violation is registered in the
219 name of the lessee of such motor vehicle.
220 (13)(12) If a law enforcement agency receives an affidavit
221 under paragraph (10)(a) (9)(a), the notice of violation required
222 under subsection (5) must be sent to the person identified in
223 the affidavit within 30 days after receipt of the affidavit. The
224 person identified in an affidavit and sent a notice of violation
225 may also affirm he or she did not have care, custody, or control
226 of the motor vehicle at the time of the violation by furnishing
227 to the appropriate law enforcement agency within 60 30 days
228 after the date of the notice of violation an affidavit stating
229 such.
230 Section 21. Effective upon this act becoming a law,
231 paragraph (a) of subsection (1) of section 316.640, Florida
232 Statutes, is amended to read:
233 316.640 Enforcement.—The enforcement of the traffic laws
234 of this state is vested as follows:
235 (1) STATE.—
236 (a)1.a. The Division of Florida Highway Patrol of the
237 Department of Highway Safety and Motor Vehicles; the Division of
238 Law Enforcement of the Fish and Wildlife Conservation
239 Commission; the Division of Law Enforcement of the Department of
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240 Environmental Protection; and the agents, inspectors, and
241 officers of the Department of Law Enforcement each have
242 authority to enforce all of the traffic laws of this state on
243 all the streets and highways thereof and elsewhere throughout
244 the state wherever the public has a right to travel by motor
245 vehicle.
246 b. University police officers may enforce all of the
247 traffic laws of this state when violations occur on or within
248 1,000 feet of any property or facilities that are under the
249 guidance, supervision, regulation, or control of a state
250 university, a direct-support organization of such state
251 university, or any other organization controlled by the state
252 university or a direct-support organization of the state
253 university, or when such violations occur within a specified
254 jurisdictional area as agreed upon in a mutual aid agreement
255 entered into with a law enforcement agency pursuant to s.
256 23.1225(1). Traffic laws may also be enforced off-campus when
257 hot pursuit originates on or within 1,000 feet of any such
258 property or facilities, or as agreed upon in accordance with the
259 mutual aid agreement.
260 c. Florida College System institution police officers may
261 enforce all the traffic laws of this state only when such
262 violations occur on or within 1,000 feet of any property or
263 facilities that are under the guidance, supervision, regulation,
264 or control of the Florida College System institution, or when
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265 such violations occur within a specified jurisdictional area as
266 agreed upon in a mutual aid agreement entered into with a law
267 enforcement agency pursuant to s. 23.1225. Traffic laws may also
268 be enforced off-campus when hot pursuit originates on or within
269 1,000 feet of any such property or facilities, or as agreed upon
270 in accordance with the mutual aid agreement.
271 d. Police officers employed by an airport authority may
272 enforce all of the traffic laws of this state only when such
273 violations occur on any property or facilities that are owned or
274 operated by an airport authority.
275 (I) An airport authority may employ as a parking
276 enforcement specialist any individual who successfully completes
277 a training program established and approved by the Criminal
278 Justice Standards and Training Commission for parking
279 enforcement specialists but who does not otherwise meet the
280 uniform minimum standards established by the commission for law
281 enforcement officers or auxiliary or part-time officers under s.
282 943.12. This sub-sub-subparagraph may not be construed to permit
283 the carrying of firearms or other weapons, nor shall such
284 parking enforcement specialist have arrest authority.
285 (II) A parking enforcement specialist employed by an
286 airport authority may enforce all state, county, and municipal
287 laws and ordinances governing parking only when such violations
288 are on property or facilities owned or operated by the airport

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289 authority employing the specialist, by appropriate state,
290 county, or municipal traffic citation.
291 e. The Office of Agricultural Law Enforcement of the
292 Department of Agriculture and Consumer Services may enforce
293 traffic laws of this state.
294 f. School safety officers and school resource officers may
295 enforce all of the traffic laws of this state when such
296 violations occur on or about any property or facilities that are
297 under the guidance, supervision, regulation, or control of the
298 district school board, including violations of s. 316.172(1)(a)
299 and (b) as recorded by a school bus infraction detection system
300 pursuant to s. 316.173 on all roadways within the school
301 district.
302 2. Any disciplinary action taken or performance evaluation
303 conducted by an agency of the state as described in subparagraph
304 1. of a law enforcement officer's traffic enforcement activity
305 must be in accordance with written work-performance standards.
306 Such standards must be approved by the agency and any collective
307 bargaining unit representing such law enforcement officer. A
308 violation of this subparagraph is not subject to the penalties
309 provided in chapter 318.
310 3. The Division of the Florida Highway Patrol may employ
311 as a traffic accident investigation officer any individual who
312 successfully completes instruction in traffic accident
313 investigation and court presentation through the Selective
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314 Traffic Enforcement Program as approved by the Criminal Justice
315 Standards and Training Commission and funded through the
316 National Highway Traffic Safety Administration or a similar
317 program approved by the commission, but who does not necessarily
318 meet the uniform minimum standards established by the commission
319 for law enforcement officers or auxiliary law enforcement
320 officers under chapter 943. Any such traffic accident
321 investigation officer who makes an investigation at the scene of
322 a traffic accident may issue traffic citations, based upon
323 personal investigation, when he or she has reasonable and
324 probable grounds to believe that a person who was involved in
325 the accident committed an offense under this chapter, chapter
326 319, chapter 320, or chapter 322 in connection with the
327 accident. This subparagraph does not permit the officer to carry
328 firearms or other weapons, and such an officer does not have
329 authority to make arrests.
330 Section 22. Effective upon this act becoming a law,
331 paragraph (a) of subsection (3) of section 316.650, Florida
332 Statutes, is amended to read:
333 316.650 Traffic citations.—
334 (3)(a) Except for a traffic citation issued pursuant to s.
335 316.1001, s. 316.0083, s. 316.173, or s. 316.1896, each traffic
336 enforcement officer, upon issuing a traffic citation to an
337 alleged violator of any provision of the motor vehicle laws of
338 this state or of any traffic ordinance of any municipality or
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339 town, shall deposit the original traffic citation or, in the
340 case of a traffic enforcement agency that has an automated
341 citation issuance system, the chief administrative officer
342 agency shall provide by an electronic transmission a replica of
343 the citation data to the a court having jurisdiction over the
344 alleged offense or with its traffic violations bureau within 5
345 business days after issuance to the violator.
346 Section 23. Effective upon this act becoming a law,
347 paragraphs (a), (b), and (c) of subsection (5) of section
348 318.18, Florida Statutes, are amended to read:
349 318.18 Amount of penalties.—The penalties required for a
350 noncriminal disposition pursuant to s. 318.14 or a criminal
351 offense listed in s. 318.17 are as follows:
352 (5)(a)1. Except as provided in subparagraph 2., $200 two
353 hundred dollars for a violation of s. 316.172(1)(a), failure to
354 stop for a school bus. If, at a hearing, the alleged offender is
355 found to have committed this offense, the court shall impose a
356 minimum civil penalty of $200. In addition to this penalty, for
357 a second or subsequent offense within a period of 5 years, the
358 department shall suspend the driver license of the person for
359 not less than 180 days and not more than 1 year.
360 2. If a violation of s. 316.172(1)(a) is enforced by a
361 school bus infraction detection system pursuant to s. 316.173,
362 the penalty of $200 shall be imposed. If, at an administrative
363 hearing contesting a notice of violation or uniform traffic
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364 citation, the alleged offender is found to have committed this
365 offense, a minimum civil penalty of $200 shall be imposed.
366 Notwithstanding any other provision of law, the civil penalties
367 assessed under this subparagraph resulting from a notice of
368 violation or uniform traffic citation shall be remitted to the
369 school district at least monthly and used pursuant to s.
370 316.173(8).
371 (b)1. Except as provided in subparagraph 2., $400 four
372 hundred dollars for a violation of s. 316.172(1)(b), passing a
373 school bus on the side that children enter and exit when the
374 school bus displays a stop signal. If, at a hearing, the alleged
375 offender is found to have committed this offense, the court
376 shall impose a minimum civil penalty of $400.
377 2. If a violation of s. 316.172(1)(b) is enforced by a
378 school bus infraction detection system pursuant to s. 316.173,
379 the penalty under this subparagraph paragraph is a minimum of
380 $200. If, at a hearing contesting a notice of violation or
381 uniform traffic citation, the alleged offender is found to have
382 committed this offense, the court shall must impose a minimum
383 civil penalty of $200. Notwithstanding any other provision of
384 law, the civil penalties assessed under this subparagraph
385 resulting from notice of violation or uniform traffic citation
386 shall be remitted to the school district at least monthly and
387 used pursuant to s. 316.173(8).

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388 3. In addition to this penalty, for a second or subsequent
389 offense within a period of 5 years, the department shall suspend
390 the driver license of the person for not less than 360 days and
391 not more than 2 years.
392 (c)1. In addition to the penalty under subparagraph (a)2.
393 or subparagraph (b)2., if, at an administrative hearing
394 contesting a notice of violation or uniform traffic citation,
395 the alleged offender is found to have committed this offense,
396 costs shall be imposed, not to exceed those established in s.
397 316.0083(5)(e), to be paid by the petitioner and to be used by
398 the school district for technology and operational costs
399 relating to the hearing as well as school transportation safety-
400 related initiatives.
401 2. In addition to the penalty under paragraph (a) or
402 paragraph (b), $65 for a violation of s. 316.172(1)(a) or (b).
403 If the alleged offender is found to have committed the offense,
404 the court shall impose the civil penalty under paragraph (a) or
405 paragraph (b) plus an additional $65. The additional $65
406 collected under this subparagraph paragraph shall be remitted to
407 the Department of Revenue for deposit into the Emergency Medical
408 Services Trust Fund of the Department of Health to be used as
409 provided in s. 395.4036. If a violation of s. 316.172(1)(a) or
410 (b) is enforced by a school bus infraction detection system
411 pursuant to s. 316.173, the additional amount imposed on a
412 notice of violation, on a uniform traffic citation, or by the
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413 court under this paragraph must be $25, in lieu of the
414 additional $65, and, notwithstanding any other provision of law,
415 the civil penalties and additional costs must be remitted to the
416 participating school district at least monthly and used pursuant
417 to s. 316.173(8) s. 316.173(7).
418 Section 24. Effective upon this act becoming a law,
419 subsection (21) of section 318.21, Florida Statutes, is amended
420 to read:
421 318.21 Disposition of civil penalties by county courts.—
422 All civil penalties received by a county court pursuant to the
423 provisions of this chapter shall be distributed and paid monthly
424 as follows:
425 (21) Notwithstanding subsections (1) and (2) or any other
426 provision of law, the civil penalties and the proceeds from the
427 additional penalties imposed pursuant to s. 318.18(5)(a)2.,
428 (b)2., and (c) and (21) s. 318.18(5)(c) and (21) shall be
429 distributed as provided in that section.
430 Section 25. Section 339.85, Florida Statutes, is created
431 to read:
432 339.85 Next-generation Traffic Signal Modernization
433 Program.—
434 (1) The department shall implement a Next-generation
435 Traffic Signal Modernization Program. The purpose of the program
436 is to increase traffic signal interconnectivity and provide

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437 real-time traffic optimization to improve traffic flow and
438 enhance safety. The program shall:
439 (a) Provide for retrofitting existing traffic signals and
440 controllers and providing a communication backbone for remote
441 and automated operations and management of such signals on the
442 State Highway System and the nonstate highway system.
443 (b) Prioritize signal upgrades based on average annual
444 daily traffic and the impact of adding to an existing
445 interconnected system.
446 (c) Use at least one advanced traffic management platform
447 that uses state-of-the-art technology and that complies with
448 leading cybersecurity standards, such as SOC 2 and ISO 27001,
449 ensuring robust data protection.
450 Section 26. Section 330.355, Florida Statutes, is created
451 to read:
452 330.355 Prohibition on landing fees for certain aircraft
453 operations.—A publicly owned airport in this state may not
454 charge a landing fee established on or after January 1, 2025,
455 for aircraft operations conducted by an accredited nonprofit
456 institution located in this state which offers a 4-year
457 collegiate aviation program, when such aircraft operations are
458 for flight training necessary for pilot certification and
459 proficiency.
460 Section 27. Paragraph (e) of subsection (2) of section
461 331.310, Florida Statutes, is amended to read:
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462 331.310 Powers and duties of the board of directors.—
463 (2) The board of directors shall:
464 (e) Prepare an annual report of operations as a supplement
465 to the annual report required under s. 331.3051(15) s.
466 331.3051(16). The report must include, but not be limited to, a
467 balance sheet, an income statement, a statement of changes in
468 financial position, a reconciliation of changes in equity
469 accounts, a summary of significant accounting principles, the
470 auditor's report, a summary of the status of existing and
471 proposed bonding projects, comments from management about the
472 year's business, and prospects for the next year.
473 Section 28. The Legislature finds that the widening of
474 that portion of Interstate 4 between U.S. Highway 27 in Polk
475 County and Interstate 75 in Hillsborough County is in the public
476 interest and in the strategic interest of the region to improve
477 the movement of people and goods. The Department of
478 Transportation shall develop a report that includes, but is not
479 limited to, detailed costs for project development and
480 environmental studies, design, acquisition of rights-of-way, and
481 construction and a schedule to complete the widening as
482 expeditiously as possible. Such report shall identify funding
483 shortfalls and strategies to address such shortfalls, including,
484 but not limited to, using express lane toll revenues generated
485 on the Interstate 4 corridor and other available department
486 funds for public-private partnerships. The department shall
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Amendment No. 1

487 submit the report by December 31, 2025, to the Governor, the
488 President of the Senate, and the Speaker of the House of
489 Representatives.
490 Section 29. By October 31, 2025, the Department of
491 Transportation shall submit to the Governor, the President of
492 the Senate, and the Speaker of the House of Representatives a
493 report that provides a comprehensive review of the boundaries of
494 each of the department's districts and whether any district's
495 boundaries should be redrawn as a result of population growth
496 and increased urban density.
497 Section 30. Section 332.136, Florida Statutes, is created
498 to read:
499 332.136 Sarasota Manatee Airport Authority; airport pilot
500 program.—
501 (1) There is established at the Sarasota Manatee Airport
502 Authority (SMAA) an airport pilot program. The purpose of the
503 pilot program is to determine the long-term feasibility of
504 alternative airport permitting procedures such as those provided
505 in ss. 553.80, 1013.30, 1013.33, and 1013.371.
506 (2) The department shall adopt rules as necessary to
507 implement the pilot program.
508 (3) By December 1, 2027, the department shall submit
509 recommendations to the President of the Senate and the Speaker
510 of the House of Representatives about how to expand the pilot

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 1

511 program to additional airports, amend the pilot program to
512 increase its effectiveness, or terminate the pilot program.
513 (4) This section shall stand repealed on June 30, 2028,
514 unless reviewed and saved from appeal through reenactment by the
515 Legislature.
516 Section 31. Paragraph (a) of subsection (3) of section
517 348.0304, Florida Statutes, is amended to read:
518 348.0304 Greater Miami Expressway Agency.—
519 (3)(a) The governing body of the agency shall consist of
520 nine voting members. Except for the district secretary of the
521 department, each member must be a permanent resident of a county
522 served by the agency and may not hold, or have held in the
523 previous 2 years, elected or appointed office in such county,
524 except that this paragraph does not apply to any initial
525 appointment under paragraph (b) or to any member who previously
526 served on the governing body of the former Greater Miami
527 Expressway Agency. Each member may only serve two terms of 4
528 years each, except that there is no restriction on the term of
529 the department's district secretary. Four members, each of whom
530 must be a permanent resident of Miami-Dade County, shall be
531 appointed by the Governor, subject to confirmation by the Senate
532 at the next regular session of the Legislature. Refusal or
533 failure of the Senate to confirm an appointment shall create a
534 vacancy. Appointments made by the Governor and board of county
535 commissioners of Miami-Dade County shall reflect the state's
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 1

536 interests in the transportation sector and represent the intent,
537 duties, and purpose of the Greater Miami Expressway Agency, and
538 have at least 3 years of professional experience in one or more
539 of the following areas: finance; land use planning; tolling
540 industry; or transportation engineering. Two members, who must
541 be residents of an unincorporated portion of the geographic area
542 described in subsection (1) and residing within 15 miles of an
543 area with the highest amount of agency toll road roads, shall be
544 appointed by the board of county commissioners of Miami-Dade
545 County. Two members, who must be residents of incorporated
546 municipalities within a county served by the agency, shall be
547 appointed by the metropolitan planning organization for a county
548 served by the agency. The district secretary of the department
549 serving in the district that contains Miami-Dade County shall
550 serve as an ex officio voting member of the governing body.
551 Section 32. Except as otherwise expressly provided in this
552 act and except for this section, which shall take effect upon
553 becoming a law, this act shall take effect July 1, 2025.
554
555 -----------------------------------------------------
556 T I T L E A M E N D M E N T
557 Remove lines 102-122 and insert:
558 priority in awarding grants; amending s. 316.173,
559 F.S.; authorizing a person to request an
560 administrative hearing with a school district within a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 1

561 specified time period after receiving a notice of
562 violation; specifying that the mailing of the notice
563 of violation constitutes notification; removing a
564 provision requiring a court with jurisdiction over
565 traffic violations to determine whether a specified
566 violation has occurred; authorizing a school district
567 to appoint a local hearing officer to conduct an
568 administrative hearing; providing eligibility
569 requirements for such officer; providing duties of
570 such officer; providing for penalties and costs;
571 providing procedures for an administrative hearing;
572 providing a specified date by which certain
573 administrative hearings may be conducted; amending s.
574 316.640, F.S.; authorizing school resource officers to
575 enforce specified traffic laws on the roadways within
576 a school district; amending s. 316.650, F.S.; revising
577 the entity required to provide citation data in the
578 case of a traffic enforcement agency that has an
579 automated citation issuance system; amending s.
580 318.18, F.S.; providing minimum civil penalties for a
581 specified violation enforced by a school bus
582 infraction detection system; requiring such penalties
583 to be remitted to the school district at least monthly
584 and used for specified purposes; requiring specified
585 administrative costs to be imposed for specified
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 1

586 violations; requiring such costs to be used by a
587 school district for specified purposes; amending s.
588 318.21, F.S.; requiring specified penalties to be
589 distributed in a specified manner; creating s. 339.85,
590 F.S.; requiring the department to implement a Next-
591 generation Traffic Signal Modernization Program;
592 providing requirements for such program; creating s.
593 330.355, F.S.; prohibiting publicly owned airports
594 from charging a landing fee established on or after a
595 specified date for certain aircraft operations;
596 amending s. 331.310, F.S.; conforming a cross-
597 reference; providing legislative findings regarding
598 widening of a certain roadway; requiring the
599 department to develop and submit to the Governor and
600 Legislature a report with certain specifications;
601 requiring the department to submit to the Governor and
602 Legislature a report regarding department districts;
603 creating s. 332.136, F.S.; establishing an airport
604 pilot program at the Sarasota Manatee Airport
605 Authority; providing purpose of the pilot program;
606 requiring the department to adopt rules; requiring the
607 department, by a specified date, to submit a report to
608 the Governor and the Legislature for specified
609 purposes; providing for repeal on a specified date;
610 amending s. 348.0304, F.S.; revising qualifications to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 1

611 be a member of the governing body of the Greater Miami
612 Expressway Agency; providing effective dates.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (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 McFarland offered the following:
3
4 Amendment (with title amendment)
5 Remove lines 158-168 and insert:
6 Section 3. Paragraph (b) of subsection (3) and subsections
7 (41) and (109) of section 316.003, Florida Statutes, are amended
8 to read:
9 316.003 Definitions.—The following words and phrases, when
10 used in this chapter, shall have the meanings respectively
11 ascribed to them in this section, except where the context
12 otherwise requires:
13 (3) AUTOMATED DRIVING SYSTEM.—The hardware and software
14 that are collectively capable of performing the entire dynamic
15 driving task of an autonomous vehicle on a sustained basis,

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 2

16 regardless of whether it is limited to a specific operational
17 design domain. The term:
18 (b) "Dynamic driving task" means all of the real-time
19 operational and tactical functions required to operate a vehicle
20 in on-road traffic within its specific operational design
21 domain, if any, excluding strategic functions such as trip
22 scheduling; provision of event-based information, advice,
23 instruction, or revised goals; and selection of destinations and
24 waypoints.
25 (41) MICROMOBILITY DEVICE.—A motorized transportation
26 device designed for individual use which is typically 20 to 36
27 inches in width and 50 pounds or less in weight and which
28 operates at a speed of typically less than 15 miles per hour but
29 no more than 28 miles per hour. This term includes both a human-
30 powered and a nonhuman-powered device such as a bicycle,
31 electric bicycle, motorized scooter, or any other device that is
32 owned by an individual or part of a shared fleet Any motorized
33 transportation device made available for private use by
34 reservation through an online application, website, or software
35 for point-to-point trips and which is not capable of traveling
36 at a speed greater than 20 miles per hour on level ground. This
37 term includes motorized scooters and bicycles as defined in this
38 chapter.
39 (109) VEHICLE.—Every device in, upon, or by which any
40 person or property is or may be transported or drawn upon a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 567 (2025)
Amendment No. 2

41 street or highway, except personal delivery devices, mobile
42 carriers, and devices used exclusively upon stationary rails or
43 tracks.
44
45 -----------------------------------------------------
46 T I T L E A M E N D M E N T
47 Remove line 11 and insert:
48 the definitions of the terms "vehicle", “dynamic
49 driving task”, and “micromobility device”; amending s.

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Page 3 of 3
CS/HB 743
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 743 COMPANION BILL: CS/SB 868 (Ingoglia)
TITLE: Social Media Use by Minors LINKED BILLS: None
SPONSOR(S): Salzman, Sirois RELATED BILLS: None
Committee References
Industries & Professional Criminal Justice Commerce
Activities  15 Y, 0 N 
15 Y, 0 N, As CS

SUMMARY
Effect of the Bill:
The bill requires social media platforms to allow a parent or legal guardian of certain minor account holders to
view all messages, allow law enforcement to view messages in certain instances, and prohibit certain account
holders from using or accessing messages that are designed to disappear.

The effective date of the bill is July 1, 2025.

Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill enhances protections in Florida law governing social media use for minors. Specifically, the bill requires
social media platforms to:
 Allow a parent or legal guardian of an account holder to view all messages.
 Allow law enforcement to view messages relevant to any investigation upon receiving consent from the
parents or legal guardian of a minor or pursuant to a warrant.
 Prohibit an account holder from using or accessing messages that are designed to disappear after a certain
period of time or upon viewing, self-destructing messages, or messages that are ephemeral in nature.
(Section 1)

These provisions apply to account holders who are minors under 14 years of age, and minors 14 and 15 years of
age. (Section 1)

The effective date of the bill is July 1, 2025. (Section 2)

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
Indeterminate. The bill may result in an unknown increase in civil penalties collected by the Department of Legal
Affairs (DLA), and regulatory costs incurred by DLA to enforce the bill.

STORAGE NAME: h0743c.COM
DATE: 4/21/2025
1
PRIVATE SECTOR:
Indeterminate. The bill may result in an unknown increase in costs for companies operating websites due to the
resources necessary to block certain account holders from accessing disappearing messages and comply with
requested access by parents of account holders and law enforcement.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Social Media Use for Minors
In 2024, the Florida Legislature passed a law limiting minors’ access to social media platforms.1 The law, in part,
prohibits minors thirteen years of age or younger from holding a social media account, and requires parental
consent for fourteen and fifteen year olds to hold an account.2

Definitions
The law provides the following definitions:3
 "Account holder" means a resident who opens an account or creates a profile or is identified by the social
media platform by a unique identifier while using or accessing a social media platform when the social
media platform knows or has reason to believe the resident is located in this state.
 "Daily active users" means the number of unique users in the United States who used the online forum,
website, or application at least 80 percent of the days during the previous 12 months, or if the online
forum, website, or application did not exist during the previous 12 months, the number of unique users in
the United States who used the online forum, website, or application at least 80 percent of the days during
the previous month.
 "Resident" means a person who lives in this state for more than 6 months of the year.
 "Social media platform" means an online forum, website, or application that satisfies each of the following
criteria:
o Allows users to upload content or view the content or activity of other users;
o Ten percent or more of the daily active users who are younger than 16 years of age spend on
average 2 hours per day or longer on the online forum, website, or application on the days when
using the online forum, website, or application during the previous 12 months or, if the online
forum, website, or application did not exist during the previous 12 months, during the previous
month;
o Employs algorithms that analyze user data or information on users to select content for users; and
o Has any of the following addictive features:
 Infinite scrolling, which means either:
 Continuously loading content, or content that loads as the user scrolls down the
page without the need to open a separate page; or
 Seamless content, or the use of pages with no visible or apparent end or pagebreaks.
 Push notifications or alerts sent by the online forum, website, or application to inform a
user about specific activities or events related to the user's account.
 Displays personal interactive metrics that indicate the number of times other users have
clicked a button to indicate their reaction to content or have shared or reposted the content.
 Auto-play video or video that begins to play without the user first clicking on the video or
on a play button for that video.
 Live-streaming or a function that allows a user or advertiser to broadcast live video content
in real-time.
o The term does not include an online service, website, or application where the exclusive function is
e-mail or direct messaging consisting of text, photographs, pictures, images, or videos shared only
between the sender and the recipients, without displaying or posting publicly or to other users not
specifically identified as the recipients by the sender.

1 Ch. 2024-42, Laws of Fla.
2 See s. 501.1736, F.S.
3 S. 501.1736(1), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Minors Under 14 years of Age
For minors under 14 years of age, the law requires a social media platform to:4
 Prohibit a minor who is younger than 14 years of age from entering into a contract with a social media
platform to become an account holder.
 Terminate any account held by an account holder younger than 14 years of age, including accounts that the
social media platform treats or categorizes as belonging to an account holder who is likely younger than 14
years of age for purposes of targeting content or advertising.
o The social media platform must provide 90 days for an account holder to dispute such termination.
Termination must be effective upon the expiration of the 90 days if the account holder fails to
effectively dispute the termination.
 Allow an account holder younger than 14 years of age to request to terminate the account. Termination
must be effective within 5 business days after such request.
 Allow the confirmed parent or guardian of an account holder younger than 14 years of age to request the
minor's account be terminated. Termination must be effective within 10 business days after such request.
 Permanently delete all personal information held by the social media platform relating to the terminated
account, unless there are legal requirements to maintain such information.

Minors 14 or 15 Years of Age
For minors who are 14 or 15 years of age, the law provides the following:5
 Requires a social media platform to prohibit a minor who is 14 or 15 years of age from entering into a
contract with a social media platform to become an account holder, unless the minor's parent or guardian
provides consent for the minor to become an account holder.
 Terminate any account held by an account holder who is 14 or 15 years of age, including accounts that the
social media platform treats or categorizes as belonging to an account holder who is likely 14 or 15 years of
age for purposes of targeting content or advertising, if the account holder's parent or guardian has not
provided consent for the minor to create or maintain the account.
o The social media platform must provide 90 days for an account holder to dispute such termination.
Termination must be effective upon the expiration of the 90 days if the account holder fails to
effectively dispute the termination.
 Allow an account holder who is 14 or 15 years of age to request to terminate the account. Termination
must be effective within 5 business days after such request.
 Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to request that
the minor's account be terminated. Termination must be effective within 10 business days after such
request.
 Permanently delete all personal information held by the social media platform relating to the terminated
account, unless there are legal requirements to maintain such information.

If a court enjoins the enforcement of the provisions for minors 14 or 15 years of age, or such provision caused a
court to otherwise enjoin enforcement of any other of the provisions, then the provision is severed, and the
following comes into effect:6
 A social media platform must prohibit a minor who is 14 or 15 years of age from entering into a contract
with a social media platform to become an account holder.
 A social media platform must:
o Terminate any account held by an account holder who is 14 or 15 years of age, including accounts
that the social media platform treats or categorizes as belonging to an account holder who is likely
14 or 15 years of age for purposes of targeting content or advertising.
 The social media platform must provide 90 days for an account holder to dispute such
termination. Termination must be effective upon the expiration of 90 days if the account
holder fails to effectively dispute the termination.
o Allow an account holder who is 14 or 15 years of age to request to terminate the account.
Termination must be effective within 5 business days after such request.

4 S. 501.1736(2), F.S.
5 S. 501.1736(3), F.S.
6 S. 501.1736(4), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
o Allow the confirmed parent or guardian of an account holder who is 14 or 15 years of age to
request that the minor's account be terminated. Termination must be effective within 10 business
days after such request.
o Permanently delete all personal information held by the social media platform relating to the
terminated account, unless there are legal requirements to maintain such information.

Violations and Enforcement
Knowing or reckless violation of the requirements for minor users under 14 years of age or the requirements for
minor users under 16 years of age by a social media platform is an unfair and deceptive trade practice actionable
under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) solely by the Department of Legal Affairs
(DLA).7 In addition to other FDUTPA remedies, DLA may collect a civil penalty of up to $50,000 per violation and
reasonable attorney fees and court costs. When the social media platform's failure to comply with such
requirements is a consistent pattern of knowing or reckless conduct, punitive damages may be assessed against
the social media platform.8

A social media platform that knowingly or recklessly violates the requirements for minor users under 14 years of
age or the requirements for minor users under 16 years of age is liable to such minor account holder, including
court costs and reasonable attorney fees as ordered by the court. Claimants may be awarded up to $10,000 in
damages. Such an action must be brought within 1 year from the date the complainant knew, or reasonably should
have known, of the alleged violation.9

Actions may only be brought on behalf of a resident minor,10 and do not preclude any other available remedy at law
or equity against such social media platform.11

For purposes of bringing an action, a social media platform that allows a minor account holder younger than 14
years of age or a minor account holder who is 14 or 15 years of age to create an account on such platform is
considered to be both engaged in substantial and not isolated activities within Florida and operating, conducting,
engaging in, or carrying on a business and doing business in Florida, and is therefore subject to the jurisdiction of
the courts of Florida.12

DLA Subpoena Power
Relating to DLA subpoena power:13
 If, by its own inquiry or as a result of complaints, DLA has reason to believe that an entity or person has
engaged in, or is engaging in, an act or practice that violates such social media account requirements
related to account holders under 16 years of age, DLA may administer oaths and affirmations, subpoena
witnesses or matter, and collect evidence. Within 5 days, excluding weekends and legal holidays, after the
service of a subpoena or at any time before the return date specified therein, whichever is longer, the party
served may file in the circuit court in the county in which it resides or in which it transacts business and
serve upon the enforcing authority a petition for an order modifying or setting aside the subpoena. The
petitioner may raise any objection or privilege which would be available upon service of such subpoena in
a civil action. The subpoena must inform the party served of its rights.
 If the matter that DLA seeks to obtain by subpoena is located outside Florida, the entity or person
subpoenaed may make it available to DLA or its representative to examine the matter at the place where it

7 DLA is prohibited from bringing an action against:

 Any person or activity regulated under laws administered by Office of Insurance Regulation or Department of
Financial Services; and
 Banks, credit unions, and savings and loan associations regulated by Office of Financial Regulation or federal agencies.
S. 501.212(4), F.S.
8 S. 501.1736(5), F.S.
9 S. 501.1736(6)(a)and(b), F.S.
10 S. 501.1736(6)(c), F.S.
11 S. 501.1736(9), F.S.
12 S. 501.1736(7), F.S.
13 S. 501.1736(10), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
is located. DLA may designate representatives, including officials of the state where the matter is located, to
inspect the matter on its behalf, and may respond to similar requests from officials of other states.
 Upon failure of an entity or person without lawful excuse to obey a subpoena and upon reasonable notice
to all persons affected, DLA may apply to the circuit court for an order compelling compliance.
 DLA may request that an entity or person that refuses to comply with a subpoena on the ground that
testimony or matter may incriminate the entity or person be ordered by the court to provide the testimony
or matter. Except in a prosecution for perjury, an entity or individual that complies with a court order to
provide testimony or matter after asserting a valid privilege against self-incrimination shall not have the
testimony or matter so provided, or evidence derived therefrom, received against the entity or person in
any criminal investigation or proceeding.

Any entity or person upon whom a subpoena is served must comply with the terms thereof unless otherwise
provided by order of the court. Failure to appear is punishable as a civil penalty up to $5,000 per week, including
attorney's fees, and costs.14

Disappearing, Ephemeral Messaging
According to the National Law Review, “ephemeral messages are self-destructing messages with no backup or
archiving option. Unlike a typical text message that is sent and remains on a user’s and receiver’s phone until
manually deleted, ephemeral messages delete themselves after a set time. Some examples of platforms that offer
this type of feature are Signal, WhatsApp, WeChat, and Snapchat.”15

Disappearing messages have been found to be harmful to children. In 2020, when Facebook introduced
disappearing messages, Anna Edmundson, the National Society for the Prevention of Cruelty to Children’s head of
policy, expressed concerns, stating: “Despite its age restriction, many under-16s use WhatsApp and disappearing
messages could put children at greater risk of harm, by providing groomers with yet another tool to avoid
detection and erase evidence.”16

Some of the risks to children of disappearing messages include: cyberbullying, sexting, grooming, inadequate
oversight, false sense of security and privacy, and inappropriate content.17

Florida Deceptive and Unfair Trade Practices Act
FDUTPA is a consumer and business protection measure that prohibits unfair methods of competition, and
unconscionable, deceptive, or unfair acts or practices in the conduct of trade or commerce.18 The DLA or state
attorney’s office (SAO) in the judicial circuit affected or where the violation occurs may bring actions on behalf of
consumers or governmental entities when it serves the public interest.19 The SAO may enforce violations of
FDUTPA if the violations take place within its jurisdiction. The DLA has enforcement authority when the violation
is multi-jurisdictional, the state attorney defers to the DLA in writing, or the state attorney fails to act within 90
days after a written complaint is filed.20 In certain circumstances, consumers may also file suit through private
actions.21

14 Id.
15 Michelle A. Freeman, Disappearing Messages, Unofficial Communications Platforms and Ever-Increasing Scrutiny by

Regulators, The National Law Review (Oct. 7, 2024), https://natlawreview.com/article/disappearing-messages-unofficial-
communications-platforms-and-ever-increasing (last visited Mar. 26, 2025).
16 Mobicip, Gone in a Flash: How Disappearing Messages Can Impact Your Child’s Online Safety (May 13, 2024),

https://www.mobicip.com/blog/gone-flash-how-disappearing-messages-can-impact-your-childs-online-safety (last visited
Mar. 26, 2025).
17 Id.
18 S. 501.202, F.S.
19 Ss. 501.203(2) and s. 01.207(1)(c) and (2), F.S.; see also David J. Federbush, FDUTPA for Civil Antitrust: Additional Conduct,

Party, and Geographic Coverage; State Actions for Consumer Restitution, 76 FLORIDA BAR JOURNAL 52, Dec. 2002 (analyzing the
merits of FDUPTA and the potential for deterrence of anticompetitive conduct in Florida), available at
http://www.floridabar.org/divcom/jn/jnjournal01.nsf/c0d731e03de9828d852574580042ae7a/99aa165b7d8ac8a485256c8
300791ec1!OpenDocument&Highlight=0,business,Division* (last visited on Mar. 26, 2025).
20 S. 501.203(2), F.S.
21 S. 501.211, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
The DLA and the SAO have powers to investigate FDUTPA claims, which include:22
 Administering oaths and affirmations;
 Subpoenaing witnesses or matter; and
 Collecting evidence.

The DLA and SAO may seek the following remedies:
 Declaratory judgments;
 Injunctive relief;
 Actual damages on behalf of consumers and businesses;
 Cease and desist orders; and
 Civil penalties of up to $10,000 per willful violation.23

FDUTPA may not be applied to certain entities in certain circumstances, including:24
• Any person or activity regulated under laws administered by the Office of Insurance Regulation or the
Department of Financial Services; or
• Banks, credit unions, and savings and loan associations regulated by the Office of Financial Regulation or
federal agencies.

Recent Court Cases
In October 2024, two internet-industry groups filed a federal lawsuit challenging the constitutionality of Florida’s
law limiting minors’ access to social media platforms. The Computer & Communications Industry Association
(CCIS) and NetChoice, whose members include tech companies such as Google and Meta Platforms, alleged that the
law violated their First Amendment rights and that parents control their children's social-media use.25

In March 2025, the motion for preliminary injunction was denied. The order did not include a ruling on the First
Amendment issue. The order was instead based on the decision that the plaintiffs did not “show a substantial
likelihood demonstrating standing” that at least one of the group members “will suffer irreparable injury” without
an injunction. The effective date of the law was supposed to be January 1, 2025; however, in November the State
agreed not to enforce it until the ruling occurred.26 The case was dismissed; however, on March 28, 2025, the
plaintiffs filed an amended complaint asking the Court again to declare Section 1 of HB 3 unconstitutional and
enjoin the Attorney General of Florida from enforcing it.27 The plaintiff’s argued that they “have associational
standing to challenge the Act because: (1) some of their members have standing to sue in their own right;
(2) challenging the Act is germane to CCIA’s and NetChoice’s associational purposes; and (3) their members’
individual participation is unnecessary in this challenge.”28

RECENT LEGISLATION:

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

2024 CS/CS/HB 3 Tramont, Overdorf, Sirois, The bill became law on Jan. 1,
McFarland, Rayner 2025.

22 S. 501.206(1), F.S.
23 Ss. 501.207(1), 501.208, and 501.2075, F.S. Civil Penalties are deposited into general revenue. Enforcing authorities may

also request attorney fees and costs of investigation or litigation. S. 501.2105, F.S.
24 S. 501.212(4), F.S.
25 Computer & Communications Industry Association and NetChoice v. Uthmeier, Case No.: 4:24-cv-00438-MW-MAF. The case is

in the US District Court, Northern District of Florida.
26 Id.
27 Id.
28 Id.

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6
OTHER RESOURCES:
Johns Hopkins Medicine: Social Media and Mental Health in Children and Teens

Social Media and Youth Mental Health: The U.S. Surgeon General’s Advisory

BILL HISTORY
STAFF
DIRECTOR/
ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF
PREPARED BY
Industries & Professional Activities 15 Y, 0 N, As CS 3/19/2025 Anstead
Thompson
Subcommittee
THE CHANGES ADOPTED BY THE The PCS removed the main substance of the bill, which requires social media
COMMITTEE: platforms to disable end-to-end-encryption features for minor accounts under
16 years of age, and instead required the platforms to:
 Allow parents to view all messages.
 Allow law enforcement to view messages during an investigation
pursuant to parental consent and a warrant.
 Prohibit anyone under 16 from using disappearing messaging.
Criminal Justice Subcommittee 15 Y, 0 N 3/26/2025 Hall Leshko

Commerce Committee Hamon Thompson

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/HB 743 2025

1 A bill to be entitled
2 An act relating to social media use by minors;
3 amending s. 501.1736, F.S.; requiring social media
4 platforms to allow parents or guardians and law
5 enforcement officers to view messages of certain minor
6 account holders and prohibit such account holders from
7 using or accessing certain messages; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (b) of subsection (2), paragraph (b)
13 of subsection (3), and paragraph (b) of subsection (4) of
14 section 501.1736, Florida Statutes, are amended to read:
15 501.1736 Social media use for minors.—
16 (2)
17 (b) A social media platform shall:
18 1. Terminate any account held by an account holder younger
19 than 14 years of age, including accounts that the social media
20 platform treats or categorizes as belonging to an account holder
21 who is likely younger than 14 years of age for purposes of
22 targeting content or advertising, and provide 90 days for an
23 account holder to dispute such termination. Termination must be
24 effective upon the expiration of the 90 days if the account
25 holder fails to effectively dispute the termination.

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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 743 2025

26 2. Allow an account holder younger than 14 years of age to
27 request to terminate the account. Termination must be effective
28 within 5 business days after such request.
29 3. Allow the confirmed parent or guardian of an account
30 holder younger than 14 years of age to request that the minor's
31 account be terminated. Termination must be effective within 10
32 business days after such request.
33 4. Permanently delete all personal information held by the
34 social media platform relating to the terminated account, unless
35 there are legal requirements to maintain such information.
36 5. Allow the confirmed parent or legal guardian of an
37 account holder younger than 14 years of age to view all
38 messages.
39 6. Allow law enforcement officers to view messages of a
40 minor that are relevant to any investigation upon receiving
41 consent from the confirmed parent or guardian or pursuant to a
42 warrant.
43 7. Prohibit an account holder who is younger than 14 years
44 of age from using or accessing messages that are designed to
45 disappear or self-destruct after a certain period of time or
46 upon viewing, or messages that are ephemeral in nature.
47 (3)
48 (b) A social media platform shall:
49 1. Terminate any account held by an account holder who is
50 14 or 15 years of age, including accounts that the social media

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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 743 2025

51 platform treats or categorizes as belonging to an account holder
52 who is likely 14 or 15 years of age for purposes of targeting
53 content or advertising, if the account holder's parent or
54 guardian has not provided consent for the minor to create or
55 maintain the account. The social media platform shall provide 90
56 days for an account holder to dispute such termination.
57 Termination must be effective upon the expiration of the 90 days
58 if the account holder fails to effectively dispute the
59 termination.
60 2. Allow an account holder who is 14 or 15 years of age to
61 request to terminate the account. Termination must be effective
62 within 5 business days after such request.
63 3. Allow the confirmed parent or guardian of an account
64 holder who is 14 or 15 years of age to request that the minor's
65 account be terminated. Termination must be effective within 10
66 business days after such request.
67 4. Permanently delete all personal information held by the
68 social media platform relating to the terminated account, unless
69 there are legal requirements to maintain such information.
70 5. Allow the confirmed parent or guardian of an account
71 holder who is 14 or 15 years of age to view all messages.
72 6. Allow law enforcement officers to view messages of an
73 account holder younger who is a minor that are relevant to any
74 investigation upon receiving consent from the confirmed parent
75 or guardian of the minor or pursuant to a warrant.

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CS/HB 743 2025

76 7. Prohibit an account holder who is 14 or 15 years of age
77 from using or accessing messages that are designed to disappear
78 or self-destruct after a certain period of time or upon viewing,
79 or messages that are ephemeral in nature.
80 (4) If a court enjoins the enforcement of subsection (3)
81 or would otherwise enjoin enforcement of any other provision of
82 this section due to subsection (3), then subsection (3) shall be
83 severed, and the following shall come into effect:
84 (b) A social media platform shall:
85 1. Terminate any account held by an account holder who is
86 14 or 15 years of age, including accounts that the social media
87 platform treats or categorizes as belonging to an account holder
88 who is likely 14 or 15 years of age for purposes of targeting
89 content or advertising, and provide 90 days for an account
90 holder to dispute such termination. Termination must be
91 effective upon the expiration of 90 days if the account holder
92 fails to effectively dispute the termination.
93 2. Allow an account holder who is 14 or 15 years of age to
94 request to terminate the account. Termination must be effective
95 within 5 business days after such request.
96 3. Allow the confirmed parent or guardian of an account
97 holder who is 14 or 15 years of age to request that the minor's
98 account be terminated. Termination must be effective within 10
99 business days after such request.
100 4. Permanently delete all personal information held by the

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CS/HB 743 2025

101 social media platform relating to the terminated account, unless
102 there are legal requirements to maintain such information.
103 5. Allow the confirmed parent or guardian of an account
104 holder who is 14 or 15 years of age to view all messages.
105 6. Allow law enforcement officers to view messages of an
106 account holder who is 14 or 15 years of age that are relevant to
107 any investigation upon receiving consent from the confirmed
108 parent or guardian of the minor or pursuant to a warrant.
109 7. Prohibit an account holder who is 14 or 15 years of age
110 from using or accessing messages that are designed to disappear
111 or self-destruct after a certain period of time or upon viewing,
112 or messages that are ephemeral in nature.
113 Section 2. This act shall take effect July 1, 2025.

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hb743-01-c1
COMMERCE COMMITTEE

CS/HB 743 by Rep. Salzman
Social Media Use by Minors

AMENDMENT SUMMARY
April 22, 2025

Amendment 1, by Rep. Salzman (strike-all):
• Requires social media platforms to:
o Permanently delete all personal information held by the platform relating to a
terminated account within 45 days of termination.
o Allow the confirmed parent or legal guardian of certain minor account holders to
view a list of the account names with whom the minor has exchanged messages.
o Disclose any technically feasible and reasonably available data to a law
enforcement officer that is responsive to a criminal investigation related to an
account held by a minor.
• Changes the effective date from July 1, 2025, to January 1, 2026.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 743 (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 Salzman offered the following:
3
4 Amendment (with title amendment)
5 Remove everything after the enacting clause and insert:
6 Section 1. Paragraph (b) of subsection (2), paragraph (b)
7 of subsection (3), and paragraph (b) of subsection (4) of
8 section 501.1736, Florida Statutes, are amended to read:
9 501.1736 Social media use for minors.—
10 (2)
11 (b) A social media platform shall:
12 1. Terminate any account held by an account holder younger
13 than 14 years of age, including accounts that the social media
14 platform treats or categorizes as belonging to an account holder
15 who is likely younger than 14 years of age for purposes of
16 targeting content or advertising, and provide 90 days for an
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 743 (2025)
Amendment No. 1

17 account holder to dispute such termination. Termination must be
18 effective upon the expiration of the 90 days if the account
19 holder fails to effectively dispute the termination.
20 2. Allow an account holder younger than 14 years of age to
21 request to terminate the account. Termination must be effective
22 within 5 business days after such request.
23 3. Allow the confirmed parent or guardian of an account
24 holder younger than 14 years of age to request that the minor's
25 account be terminated. Termination must be effective within 10
26 business days after such request.
27 4. Permanently delete all personal information held by the
28 social media platform relating to the terminated account within
29 45 days of termination of the account, unless there are legal
30 requirements to maintain such information.
31 5. Allow the confirmed parent or legal guardian of an
32 account holder younger than 14 years of age to view a list of
33 the account names with whom the minor has exchanged messages.
34 6. Upon receipt of a valid legal process, including but
35 not limited to a court order, subpoena or search warrant, that
36 complies with 18 U.S.C. § 2703 and applicable state law,
37 disclose any technically feasible and reasonably available data
38 to a law enforcement officer that is responsive to a criminal
39 investigation related to an account held by a minor.
40 7. Prohibit an account holder who is younger than 14 years
41 of age from using or accessing messages that are designed to
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 743 (2025)
Amendment No. 1

42 disappear or self-destruct after a certain period of time or
43 upon viewing, or messages that are ephemeral in nature.
44 (3)
45 (b) A social media platform shall:
46 1. Terminate any account held by an account holder who is
47 14 or 15 years of age, including accounts that the social media
48 platform treats or categorizes as belonging to an account holder
49 who is likely 14 or 15 years of age for purposes of targeting
50 content or advertising, if the account holder's parent or
51 guardian has not provided consent for the minor to create or
52 maintain the account. The social media platform shall provide 90
53 days for an account holder to dispute such termination.
54 Termination must be effective upon the expiration of the 90 days
55 if the account holder fails to effectively dispute the
56 termination.
57 2. Allow an account holder who is 14 or 15 years of age to
58 request to terminate the account. Termination must be effective
59 within 5 business days after such request.
60 3. Allow the confirmed parent or guardian of an account
61 holder who is 14 or 15 years of age to request that the minor's
62 account be terminated. Termination must be effective within 10
63 business days after such request.
64 4. Permanently delete all personal information held by the
65 social media platform relating to the terminated account within
66 45 days of termination of the account, unless there are legal
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 743 (2025)
Amendment No. 1

67 requirements to maintain such information.
68 5. Allow the confirmed parent or legal guardian of an
69 account holder who is 14 or 15 years of age to view a list of
70 the account names with whom the minor has exchanged messages.
71 6. Upon receipt of a valid legal process, including but
72 not limited to a court order, subpoena or search warrant, that
73 complies with 18 U.S.C. § 2703 and applicable state law,
74 disclose any technically feasible and reasonably available data
75 to a law enforcement officer that is responsive to a criminal
76 investigation related to an account held by a minor.
77 7. Prohibit an account holder who is 14 or 15 years of age
78 from using or accessing messages that are designed to disappear
79 or self-destruct after a certain period of time or upon viewing,
80 or messages that are ephemeral in nature.
81 (4) If a court enjoins the enforcement of subsection (3)
82 or would otherwise enjoin enforcement of any other provision of
83 this section due to subsection (3), then subsection (3) shall be
84 severed, and the following shall come into effect:
85 (b) A social media platform shall:
86 1. Terminate any account held by an account holder who is
87 14 or 15 years of age, including accounts that the social media
88 platform treats or categorizes as belonging to an account holder
89 who is likely 14 or 15 years of age for purposes of targeting
90 content or advertising, and provide 90 days for an account
91 holder to dispute such termination. Termination must be
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 743 (2025)
Amendment No. 1

92 effective upon the expiration of 90 days if the account holder
93 fails to effectively dispute the termination.
94 2. Allow an account holder who is 14 or 15 years of age to
95 request to terminate the account. Termination must be effective
96 within 5 business days after such request.
97 3. Allow the confirmed parent or guardian of an account
98 holder who is 14 or 15 years of age to request that the minor's
99 account be terminated. Termination must be effective within 10
100 business days after such request.
101 4. Permanently delete all personal information held by the
102 social media platform relating to the terminated account within
103 45 days of termination of the account, unless there are legal
104 requirements to maintain such information.
105 5. Allow the confirmed parent or legal guardian of an
106 account holder who is 14 or 15 years of age to view a list of
107 the account names with whom the minor has exchanged messages.
108 6. Upon receipt of a valid legal process, including but
109 not limited to a court order, subpoena or search warrant, that
110 complies with 18 U.S.C. § 2703 and applicable state law,
111 disclose any technically feasible and reasonably available data
112 to a law enforcement officer that is responsive to a criminal
113 investigation related to an account held by a minor.
114 7. Prohibit an account holder who is 14 or 15 years of age
115 from using or accessing messages that are designed to disappear
116 or self-destruct after a certain period of time or upon viewing,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 743 (2025)
Amendment No. 1

117 or messages that are ephemeral in nature.
118 Section 2. This act shall take effect January 1, 2026.
119
120 -----------------------------------------------------
121 T I T L E A M E N D M E N T
122 Remove lines 4-7 and insert:
123 platforms to permanently delete certain information
124 within 45 days of termination of certain accounts,
125 allow certain parents or legal guardians of certain
126 minors to view a list of the account names with whom
127 the minor has exchanged messages, disclose certain
128 data to a law enforcement officer in certain
129 situations, prohibit certain minor account holders
130 from using or accessing certain messages; providing an
131 effective date.

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CS/CS/HB 943
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 943 COMPANION BILL: CS/CS/SB 1730 (Calatayud)
TITLE: Real Property and Land Use and Development LINKED BILLS: None
SPONSOR(S): Lopez, V. RELATED BILLS: None
Committee References
Housing, Agriculture & Tourism Intergovernmental Affairs Commerce
14 Y, 1 N, As CS  13 Y, 3 N, As CS 

SUMMARY
Effect of the Bill:
The bill:
 Amends various provisions in the Live Local Act relating to affordable housing, certain building
moratoriums, and reporting requirements.
 Makes certain qualified developments eligible to receive an exception or waiver for 20 percent of the
impact fees for the development of affordable housing.
 Revises the requirements to receive a property tax exemption for certain affordable housing.
 Requires local governments to allow the construction of accessory dwelling units (ADUs).
 Requires the Florida Housing Finance Corporation to finance housing near U.S. Department of Veterans
Affairs medical facilities.
 Incentivizes building affordable housing for employees of healthcare providers and governmental entities.
 Makes it unlawful to discriminate in land use decisions based on a development or proposed development
being affordable housing.
 Requires district school boards to adopt best practices for surplus land programs.

Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Affordable Housing Development

The bill amends various provisions in the Live Local Act (Act).

The bill prohibits a local government1 from adopting or enforcing any law, ordinance, rule, or other measure that:
 Limits or prohibits affordable housing, including, but not limited to, any measure that is adopted for the
purpose of limiting the maximum percentage of units within a certain project or within a certain distance
from another affordable housing project; or
 Otherwise prohibits affordable housing in areas zoned for such use. (Section 1 for counties; Section 4 for
municipalities.)

1 Local government means any county or municipality. S. 163.3164(29), F.S.

STORAGE NAME: h0943d.COM
DATE: 4/21/2025
1
The bill authorizes a local government to approve the development of affordable housing on any parcel, including
any contiguous parcel connected thereto, that is owned by a religious institution2 that contains a house of public
worship, regardless of the underlying zoning, so long as at least 10 percent of the units included in the project are
for affordable housing. (Section 1 for counties; Section 4 for municipalities.)

The bill also requires3 local governments to authorize multifamily and mixed use residential as allowable uses, if at
least 40 percent of the residential units in a proposed multifamily or mixed-use residential development are rental
units that have an affordability period of 30 years or more, on:
 Any parcel owned and authorized by the local government, a district school board, or a religious institution,
and in any area zoned for commercial, industrial, or mixed use; or
 Any planned unit development permitted for commercial, industrial, or mixed use. (Section 1 for counties;
Section 4 for municipalities.)

Under the bill, local governments may authorize the inclusion of an adjacent parcel of land as part of the
multifamily development, regardless of the land use designation on the adjacent parcel, if the residential units to be
built on the adjacent parcel comply with the zoning requirements of the Act. (Section 1 for counties; Section 4 for
municipalities.)

The bill provides that notwithstanding any local land development regulation categorization or title, an area is
considered zoned for mixed use by a local government when the area that includes both residential and
nonresidential uses, regardless of whether the residential or nonresidential uses are permitted as:
 Principal use,
 Conditional use,
 Ancillary use,
 Special use,
 Unusual use,
 Accessory use,
 Planned unit development, or
 Planned development. (Section 1 for counties; Section 4 for municipalities.)

Additionally, the bill provides that affordable or workforce units that qualify for incentives under current law4 may
also qualify as affordable as long as the units satisfy affordability requirements5 and local regulations. (Section 1
for counties; Section 4 for municipalities.)

The bill requires a proposed multifamily or mixed-use residential development to be administratively approved,
without further action by the board of county commissioners or governing body, as applicable, or any quasi-
judicial board of the reviewing body, if the development satisfies the local government’s land development
regulations for multifamily or mixed-use residential developments in areas zoned for such use, density, intensity,
and height, with the exception of provisions establishing allowable densities, floor area ratios, height and land use,

2 Religious institution means any church, synagogue, or other established physical place for worship at which nonprofit

religious services and activities are regularly conducted and carried on. S. 170.201(2), F.S.
3 This requirement is notwithstanding any other law, local ordinance, or regulation to the contrary, including any local

moratorium established after March 29, 2023. This provision does not apply to moratoria imposed to address stormwater or
flood water management, to address the supply of potable water, or due to the necessary repair of sanitary sewer systems, if
the moratoria apply equally to all types of multifamily or mixed-use residential development. (Section 1 for counties; Section 4
for municipalities.)
4 In exchange for a developer fulfilling the requirements of s. 125.01055(2), F.S. (for a county), or s. 166.04151(2), F.S. (for a

municipality), a local government must provide incentives to fully offset all costs to the developer of its affordable housing
contribution or linkage fee. Such incentives may include, but are not limited to: allowing the developer density or intensity
bonus incentives or more floor space than allowed under the current or proposed future land use designation or zoning;
reducing or waiving fees, such as impact fees or water and sewer charges; or granting other incentives. See ss. 125.01055(4)
and 166.04152(4), F.S.
5 See s. 420.0004(3), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
including mixed use and minimum nonresidential or commercial floor area requirements. (Section 1 for counties;
Section 4 for municipalities.)

The bill requires:
 The removal or demolition of an existing structure that must be performed as part of the proposed
development to also be administratively approved.
 A proposed development that is authorized must be treated as a conforming use, notwithstanding the local
government’s comprehensive plan, future land use designation, or zoning. (Section 1 for counties; Section 4
for municipalities.)

Under the bill, if a property owner files a site plan application for an affordable housing project, the administrative
review process must be based solely on the land development regulations in effect as of the date of filing the
application. Further, if an action is filed against a local government to challenge the adoption or enforcement of a
local ordinance, resolution, or other local regulation on the grounds that it is expressly preempted by state law, the
bill requires:
 A court to expedite the proceeding and render a decision within 30 days after service of process.
 A notice of appeal to be filed and served within 30 days after the rendition of the judgment appealed from.
 The Supreme Court to adopt rules by October 1, 2025, to ensure the proceedings are handled expeditiously
and consistently with the foregoing provisions. (Section 1 for counties; Section 4 for municipalities.)

Additionally, the bill requires each local government to:
 Maintain on its website a policy containing the zoning map and zoning regulations, in addition to the
procedures and expectations for certain administrative approval.
 Reduce parking requirements by at least 20 percent for affordable housing developments, or by 100
percent for structures that are 20,000 square feet or less.
 Approve a building permit plan review for proposed affordable housing developments within 60 business
days, and prioritize a building permit plan review for affordable housing projects over other development
projects. (Section 1 for counties; Section 4 for municipalities.)

Prohibited Acts

The bill prohibits6 a local government from requiring a proposed multifamily or mixed-use residential
development to take any of the following actions for the approval of certain height, density, or zoning, if the
proposed multifamily or mixed-use residential development is authorized:
 Acquire or transfer density, density units, or development units.
 Obtain an amendment to a development of regional impact, amendment to a development agreement, or
amendment to a restrictive covenant, or any other approval. (Section 1 for counties; Section 4 for
municipalities.)

The bill also prohibits a local government from requiring more than 10 percent of the total square footage of a
mixed-use residential project to be used for nonresidential purposes. (Section 1 for counties; Section 4 for
municipalities.)

The bill prohibits local governments from directly restricting, or taking action that has the effect of restricting:
 The maximum lot size of a proposed multifamily or mixed-use residential development below the highest
maximum lot size allowed on or after July 1, 2023, on any unincorporated land in the local government
where multifamily or mixed-use residential development is allowed pursuant to the local government’s
land development regulations.
 The maximum lot coverage of a proposed multifamily or mixed-use residential development below 70
percent. (Section 1 for counties; Section 4 for municipalities.)

6 This prohibition is notwithstanding any other law, local ordinance, or regulation to the contrary. (Section 1 for counties;

Section 4 for municipalities.)
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3
The bill clarifies that local governments may not directly restrict or take action that has the effect of restricting the
height of a proposed multifamily or mixed-use residential development below the highest height allowed on or
after July 1, 2023. . (Section 1 for counties; Section 4 for municipalities.)

The bill preempts any local government ordinance, resolution, or action adopted after July 1, 2023, that has the
effect, either directly or indirectly, of doing any of the following, and provides that any such ordinance, resolution,
or action that does any of the following is superseded by state law:
 Limiting the height, maximum lot size, or density of an affordable housing project;
 Unreasonably delaying the development or construction of an affordable housing project, including, but not
limited to, imposing a moratorium; or
 Restricting the manner in which affordable units are developed. (Section 1 for counties; Section 4 for
municipalities.)

The bill also preempts any local government ordinance, resolution, or action adopted after May 16, 2024, that has
the effect, either directly, or indirectly, of limiting the floor area ratio of an affordable housing project. (Section 1
for counties; Section 4 for municipalities.)

The bill also prohibits a local government’s review or approval of an application for a development permit or
development order from being conditioned on the waiver, forbearance, acquisition, transfer or abandonment of
any affordable housing development right, or the procurement or transfer of density units or development units.
The bill provides that any such waiver, forbearance, acquisition, transfer, procurement, or abandonment void.
These provisions do not apply to an area of critical state concern.7 (Section 1 for counties; Section 4 for
municipalities.)

Reporting Requirements

Beginning June 30, 2026, the bill requires all local governments to submit an annual report to the Department of
Commerce (Department), as the state planning agency, that includes:
 All litigation initiated under s. 125.01055(9), F.S., for counties, or s. 166.04151(9), F.S., for municipalities,
the status of the case, and, if applicable, the final disposition of the case.
 All actions the local government has taken on any affordable housing project, including, at minimum, the
project size, density, and intensity, and the number of units and the number of affordable units for such
proposed project.
 For any proposed development that is denied or not accepted, all actions the local government has taken on
such proposed development and an explanation for why such actions were taken. (Section 1 for counties;
Section 4 for municipalities.)

Under the bill, the Department must also provide an annual report to the Governor, the President of the Senate,
and the Speaker of the House of Representatives regarding local governments’ compliance with Florida’s
affordable housing project development laws. (Section 1 for counties; Section 4 for municipalities.)

Building Moratoriums

The bill prohibits a local government from initiating or enforcing zoning-in-progress or a building moratorium on
affordable housing developments for which the local government has approved the development’s preliminary site
plan. This prohibition does not apply to moratoria imposed to address stormwater or flood water management, to
address the supply of potable water, or due to the necessary repair of sanitary sewer systems, if the moratoria
apply equally to all types of multifamily or mixed-use residential development. (Section 1 for counties; Section 4
for municipalities.)

7 S. 380.05, F.S.

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4
The bill also prohibits local governments from imposing a building moratorium8 that has the effect of delaying the
permitting of construction of a multifamily project that would otherwise qualify for:
 An affordable housing ad valorem tax exemption.9
 Any grant, loan, or other incentive provided for the development of affordable housing under ch. 420, F.S.
 Any abatement of development restrictions.10 (Section 1 for counties; Section 4 for municipalities.)

Under the bill, if the owner of an administratively approved proposed development has acted in reliance on that
administrative approval, the owner has a vested right to proceed with development under the relevant laws,
regulations, and ordinances at the time such rights vested, if the property continues to comply with the
requirements of s. 125.01055, F.S., for counties, and s. 163.04151, F.S., for municipalities. (Section 1 for counties;
Section 4 for municipalities.)

Miscellaneous

The bill provides that, regardless of terminology used in a local government’s land development regulations, the
following terms are defined as follows:
 “Allowable density” means the density prescribed for a property without additional requirements to
procure and transfer density units or development units from other properties.
 “Allowable use” means the intended uses identified in a local government’s land development regulations
which are authorized within a zoning category as a use by right, without the requirement to obtain a
variance or waiver. The term does not include uses that are accessory, ancillary, or incidental to the
allowable uses or allowed only on a temporary basis.
 “Commercial use” means activities associated with the sale, rental, or distribution of products or the sale or
performance of services. The term includes, but is not limited to, retail, office, entertainment, hotels, and
other for-profit business activities. The term does not include vacation rentals;11 home-based businesses or
cottage food operations performed on residential property; or uses that are accessory, ancillary, or
incidental to the allowable uses or allowed only on a temporary basis.
 "Mixed use" means areas that include both residential and nonresidential uses, notwithstanding any local
land development regulation categorization or title.
 “Planned unit development” means an area of land that is planned and developed as a single entity or in
approved stages with uses and structures substantially related to the character of the entire development,
or a self-contained development in which the subdivision and zoning controls are applied to the project as
a whole rather than to individual lots. (Section 1 for counties; Section 4 for municipalities.)

The bill allows the prevailing party in a challenge under s. 125.01055, F.S., for counties, or s. 166.04151, F.S., for
municipalities, to recover attorney fees and costs, including reasonable appellate attorney fees and costs,
notwithstanding s. 57.112(6), F.S. (Section 1 for counties; Section 4 for municipalities.)

Impact Fees

Under the bill, qualified developments that are authorized must receive an exception or waiver for 20 percent of
the impact fees for the development of, or construction of the portion of the development that is, affordable
housing. (Section 2.)

Designation of Properties as Historical Landmarks

8 This provision does not apply to moratoria imposed to address stormwater or flood water management, to address the

supply of potable water, or due to the necessary repair of sanitary sewer systems, if such moratoria apply equally to all types
of multifamily or mixed-use residential development.
9 See ss. 196.1978 and 196.1979, F.S.
10 See s. 125.01055 (7), F.S., for counties, and s. 163.04151(7), F.S., for municipalities.
11 See s. 509.242(1)(c), F.S.

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5
The bill requires any ordinance that designates property as a historical landmark to have a printed or digital map
of the property readily available, and requires the map to be submitted to the State Historic Preservation Officer no
later than June 1, 2027. (Section 3.)

The bill requires a resolution of a local government’s governing body or board of county commissioners (as
applicable), which designates the character of privately owned property as a historical landmark without the
consent of the property owner, to be accompanied by a finding by the governing body, based on substantial
competent evidence, that the historic significance of the subject property is commensurate, to an equal or greater
degree, with property that is already designated as a historic landmark within the municipality. (Section 3.)

Accessory Dwelling Units

The bill amends the definition of “accessory dwelling unit” to include a manufactured home constructed on or after
January 1, 2025, which meets the National Manufactured Housing Construction and Safety Standards. (Section 5.)

The bill requires local governments to adopt an ordinance to allow ADUs in any area zoned for single-family
residential use. The bill prohibits local governments from unreasonably increasing (or in effect unreasonably
increasing) the cost to construct, in effect prohibiting the construction of, or extinguishing the ability to otherwise
construct, an ADU. Such regulation does not include:
 Restrictions on the terms of rentals that do not apply generally to other housing in the same district or
zone.
 Parking requirements and minimum lot size requirements that do not apply generally to other housing in
the same district or zone, other lot design regulations that unreasonably increase the cost to construct, or
unreasonably extinguish the ability to construct an accessory dwelling unit on a lot.
 Discretionary conditional use permit procedures or standards that do not apply generally to other housing
in the same district or zone. (Section 5.)

The bill removes the requirement for a building permit application to construct an ADU to include an affidavit from
the applicant which attests that the unit will be rented at an affordable rate to an extremely-low-income, very-low-
income, low-income, or moderate-income person or persons. (Section 5.)

The bill prohibits an ADU from being leased for a term of less than a month. (Section 5.)

Beginning October 1, 2025, and by October 1 every year thereafter, the bill requires local governments to submit
an annual report to the Department, in a form and manner prescribed by the Department, and post publicly on its
website, the following information for the previous fiscal year:
 The number of applications to construct new ADUs, the number of new ADUs that have been approved, and
the number of new ADUs that have been denied, including the reason for denial.
 The number of allowable ADUs located in the jurisdiction; the number of ADUs, attached or unattached,
which are not allowed by an ordinance; and the number of single-family homes in a zoning district in which
ADUs are allowed by an ordinance. (Section 5.)

The bill authorizes the Department to adopt rules to administer and enforce the above reporting requirements.
(Section 5.)

Homestead Exemption

The bill prohibits the owner of a property with an ADU from being denied a homestead exemption or homestead
property assessment limitation solely on the basis of the property containing an ADU which may be rented. Under
the bill, if the ADU is rented by the property owner:
 The assessment of the ADU must be separated from the homestead property.

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6
 The rental of the ADU by the owner may not be construed as an abandonment of the dwelling previously
claimed to be a homestead,12 provided the dwelling is physically occupied by the owner. (Section 5.)

If an ADU is not rented by the property owner, the bill requires the assessment of the ADU to be considered part of
the homestead property. (Section 5.)

Affordable Housing Property Exemption

The bill requires the property appraiser, upon the request of the property owner, to verify if a multifamily project
qualifies for an exemption. Within 30 days after receiving an owner’s request, the property appraiser must issue a
verification letter or explain why the project is ineligible for the exemption. If the project receives a verification
letter before a local government’s adoption of an ordinance electing to not exempt property pursuant to current s.
196.1978(o), F.S., the project is exempt. The letter serves as evidence of eligibility, allowing the project to obtain
the exemption starting January 1, immediately after obtaining a certificate of occupancy and being used as
affordable housing. (Section 6.)

For property to be eligible for a local government’s affordable housing property exemption, the bill requires a
portion of the property to be:
 Used to house natural persons or families whose household income meets certain requirements;13
 Within a multifamily project containing at least the minimum number of residential units as defined by the
local government. A local government may set a minimum residential unit threshold that deems a property
eligible for the exemption for properties that exceed 15,000 square feet, at a minimum of 5 units not to
exceed a minimum of 50 residential units; or
 An ADU (Section 7.)

Under the bill, qualified properties may receive an ad valorem property tax exemption up to 100 percent of the
assessed value of an ADU on the property if the ADU is used to provide affordable housing that meets the
requirements of s. 196.1979, F.S. (Section 7.)

Airport Zoning Regulations

The bill clarifies that local governments are not required to authorize:
 A proposed affordable housing development that is located within one-quarter of a mile laterally from the
edge of an airport’s runway and within an area that is the width of one-quarter of a mile extending at right
angles from the end of the runway for a distance of 10,000 feet of any runway for an existing commercial
service airport or planned commercial service airport runway identified in the local government’s airport
master plan.
 A proposed affordable housing development within any airport noise zone identified in the land use
compatibility table or in a land-use zoning or airport noise regulation adopted by the local government for
a commercial service airport.
 A proposed affordable housing development that exceeds maximum height restrictions identified in the
political subdivision’s airport zoning regulations for a commercial service airport. (Section 8.)

For purposes of the above provisions, the bill defines “commercial service airport” as a primary airport as defined
in 49 U.S.C. § 47102 which is classified as a large, medium, or small hub airport by the Federal Aviation
Administration.14 (Section 8.)

Housing for Veterans and Essential Employees

12 See s. 196.061, F.S.
13 See s. 196.1979(1)(a)1., F.S.
14 See s. 332.0075(1)(a), F.S.

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7
The bill requires the Florida Housing Finance Corporation (Corporation) to finance projects that provide housing
near U.S. Department of Veterans Affairs medical centers or outpatient clinics in the state, with preference given to
projects that incorporate critical services for servicemembers, their families, and veterans, such as mental health
treatment services, employment services, and assistance with transition from active-duty service to civilian life.
(Section 9.)

The bill also encourages certain employers to finance projects that provide housing in areas of critical housing
shortage for workers employed by a hospital,15 a health care facility,16 or a governmental entity17 by incentivizing
such employers to sponsor affordable housing opportunities.The bill allows developers that receive federal low-
income housing tax credits, local or state funds, or any other source of funding available to finance the
development of affordable housing with a preference for such workers, provided that the preference complies with
the requirements of federal law.

The bill authorizes the Corporation to finance one housing project a year that provides housing in areas of critical
housing shortage for essential service and high-demand career employees through a public-private housing
partnership agreement with public sector, hospital, and health care facility employers for whom housing shortages
are affecting the recruitment and retention of workers. Public sector, hospital, and health care facility employers
that partner with developers on such projects will provide land or other financial support. (Section 10.)

Prohibited Discrimination in Land Use Decisions

The bill clarifies that it is unlawful to discriminate in land use decisions or the permitting of development based on
the development or proposed development being affordable housing. (Section 12.)

The bill requires a court, upon finding that a person18 has committed a discriminatory housing practice, to issue an
order prohibiting the practice and providing affirmative relief from the effects of the practice, including injunctive
and other equitable relief, actual and punitive damages, and reasonable attorney fees and costs. (Section 14.)

The bill waives sovereign immunity for the state, its agencies and political subdivisions for causes of action based
on the application of the above provisions. (Section 14.)

The Legislature’s intent is that the bill’s changes to the above provisions are remedial and clarifying in nature. The
bill’s changes apply retroactively for any causes of action filed on or before the effective date of the bill, which is
July 1, 2025. (Section 13.)

15 The bill defines a hospital as any “hospital under ch. 155, F.S. a hospital district created pursuant to ch. 189, F.S. or a hospital

licensed pursuant to ch. 395, F.S., including corporations not for profit that qualify as charitable under s. 501(c)(3) of the
Internal Revenue Code and for-profit entities.”
16 The bill defines a health care facility as any “property operated in the private sector, whether operated for profit or not, used

for or useful in connection with the diagnosis, treatment, therapy, rehabilitation, housing, or care of or for aged, sick, ill,
injured, infirm, impaired, disabled, or handicapped persons, without discrimination among such persons due to race, religion,
or national origin; or for the prevention, detection, and control of disease, including, without limitation thereto, hospital, clinic,
emergency, outpatient, and intermediate care, including, but not limited to, facilities for the elderly such as assisted living
facilities, facilities defined in s. 154.205(8), day care and share-a-home facilities, nursing homes, and the following related
property when used for or in connection with the foregoing: laboratory; research; pharmacy; laundry; health personnel
training and lodging; patient, guest, and health personnel food service facilities; and offices and office buildings for persons
engaged in health care professions or services.” See s. 159.27(16), F.S.
17 The bill defines a governmental entity as any “state agency, a regional agency, a county agency, a local agency, a municipal

agency, or any other entity, however styled, that independently exercises any type of state or local government function,
whether executive, judicial, or legislative; any public school, state university, or Florida College System institution; or any
special district.”
18 For purposes of these provisions, the bill defines “person” as one or more individuals, corporations, partnerships,

associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries, and any other legal or commercial entity; the state;
or any governmental entity or agency. (Section 12.)
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8
District School Board’s Surplus Land Programs

The bill requires a district school board to use portions of school sites purchased within the guidelines of the State
Requirements for Educational Facilities land deemed not usable for educational purposes because of location or
other factors, or land declared as surplus by the board. The bill also requires each district school board’s most
recent and all future educational plan surveys to be updated to include an inventory of surplus lands. (Section 15.)

Additionally, the bill requires a district school board to adopt best practices for surplus land programs, including,
but not limited to:
 Establishing eligibility criteria for the receipt or purchase of surplus land by developers.
 Making the process for requesting surplus lands publicly available.
 Ensuring long-term affordability through ground leases by retaining the right of first refusal to purchase
property that would be sold or offered at market rate and by requiring reversion of property not used for
affordable housing within a certain timeframe. (Section 15.)

The bill has an effective date of July 1, 2025. (Section 16.)

RULEMAKING:
The bill authorizes the Department to adopt rules to administer and enforce the bill’s reporting requirements for
local governments relating to accessory dwelling units, including the form that local governments will use to
submit the reports. (Section 5.)

FISCAL OR ECONOMIC IMPACT:

LOCAL GOVERNMENT:
The bill has an indeterminate impact on local governments that are subject to the bill’s requirements to authorize
the development of affordable housing.

PRIVATE SECTOR:
The bill has an indeterminate positive impact on the private sector to the extent that the bill facilitates, and results
in an increase in the availability of, affordable housing in the state.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Affordable Housing

Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income.19 Over 2.4 million low-income Florida households
pay more than 30% of their incomes towards housing, which is the maximum amount considered affordable by
experts.20 Over half of these households, or 1.3 million low-income households, spend more than 50% of their

19 S. 420.0004(3), F.S.
20 Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-

Home-Matters-Report.pdf (last visited Mar. 21, 2025).
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9
income towards housing costs.21 This makes it difficult for those households to save for retirement or emergencies
and difficult to afford other necessities such as food and childcare.22

Eligibility to participate in Florida’s state and federally-funded housing programs is determined by area median
income (AMI) or statewide median family income, which is published annually by the United States Department of
Housing and Urban Development (HUD).23 In Florida, the current statewide AMI for a family of four is $88,600 (as
family size changes, the income range also varies):24
 Extremely-low-income – earning up to 30 percent AMI (at or below $26,600);25
 Very-low-income – earning from 30.01 to 50 percent AMI ($26,601 to $44,300);26
 Low-income – earning from 50.01 to 80 percent AMI ($44,301 to $70,900);27 and
 Moderate-income – earning from 80.01 to 120 percent of AMI ($70,901 to $106,320).28

As of 2024, Florida had only 24 affordable and available rental units for every 100 extremely low-income renters.29
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities.30

Florida Housing Finance Corporation

The Florida Housing Finance Corporation (Corporation) was created in 1997 as a public-private entity to assist in
providing a range of affordable housing opportunities for Floridians.31 The Corporation is held by the state and
housed within the Department of Commerce (Department).32 Additionally, the Corporation is a separate budget
entity and its operations are not subject to control, supervision, or direction by the Department.33

The Corporation’s mission is to increase the supply of safe, affordable housing for individuals and families in
Florida.34 The Corporation encourages the investment of private capital and facilitates public and private sector
housing partnerships.35 As a financial institution, the Corporation administers federal and state resources to
finance the development and preservation of affordable rental housing and assist homebuyers with financing and
down payments.36

The Corporation may prevent an applicant or an applicant’s affiliate from participating in any of its programs
under certain circumstances if the applicant or affiliate has:

21 Id.
22 Id.
23 See U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, Income Limits,

https://www.huduser.gov/portal/datasets/il.html#documents_2024 (last visited Mar. 21, 2025).
24 U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, FY 2024 State Income Limits:

Florida,
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2024 (last visited Mar. 21, 2025).
25 Id. See also s. 420.0004(9), F.S.
26 Supra note 25. See also s. 420.0004(17), F.S.
27 Supra note 25. See also s. 420.0004(11), F.S.
28 Supra note 25. See also s. 420.0004(12), F.S.
29 Supra note 21, at p. 2.
30 Id.
31 See ch. 97-167, Laws of Fla.
32 S. 420.504(1), F.S.
33 S. 420.504(3), F.S.
34 S. 420.502, F.S. See also Florida Housing Finance Corporation, About Florida Housing,

https://www.floridahousing.org/about-florida-housing/ (last visited Mar. 21, 2025);
35 S. 420.502, F.S. See also Office of Program Policy Analysis & Government Accountability, Report No. 09-S15: Florida Housing

Finance Corporation Overview, The Florida Legislature Sunset Review, Jan. 2009, p. 1.
https://oppaga.fl.gov/Documents/Reports/09-15S.pdf (last visited Mar. 21, 2025).
36 See Florida Housing Finance Corporation, About Florida Housing, https://www.floridahousing.org/about-florida-housing/

(last visited Mar. 21, 2025).
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10
 Made a material misrepresentation or engaged in fraudulent actions in connection with any Corporation
program;
 Been convicted or found guilty of, or entered a plea of guilty or nolo contendere37 to, a crime in any
jurisdiction which directly relates to the financing, construction, or management of affordable housing or
the fraudulent procurement of state or federal funds;
 Been excluded from any federal funding program related to providing housing, including debarment from
participation in federal housing programs by the U.S. Department of Housing and Urban Development;
 Been excluded from any federal or Florida procurement programs;
 Offered or given consideration, other than the consideration to provide affordable housing, with respect to
a local contribution;
 Demonstrated a pattern of noncompliance and a failure to correct any such noncompliance after notice
from the Corporation in the construction, operation, or management of one or more developments funded
through a Corporation program; or
 Materially or repeatedly violated any condition imposed by the corporation in connection with the
administration of a corporation program, including a land use restriction agreement, an extended use
agreement, or any other financing or regulatory agreement with the corporation.38

Land Use for Affordable Housing Development

All development, both public and private, and all development orders39 approved by a local government must be
consistent with the local government’s comprehensive plan.40 The Growth Management Act requires every county
and municipality to create and implement a comprehensive plan to guide future development.41 A comprehensive
plan is intended to provide for the future use of land, which contemplates a gradual and ordered growth, and
establishes a long-range maximum limit on the possible intensity of land use.

The future land use element designates proposed future general distribution, location, and extent of the uses of
land. Specified use designations include those for residential, commercial, industry, agriculture, recreation,
conservation, education, and public facilities. The approximate acreage and the general range of density or
intensity of use must be provided for each land use category.43 The specific use and intensities for specific parcels
are decided by a more detailed, implementing zoning map.44

37 By entering a plea of nolo contendere, a defendant does not admit the allegations of the charge against him or her in a

technical sense, but rather represents the defendant’s unwillingness to contest the charge. Grizzard v. State, 881 So. 2d 673, at
676-677 (Fla. Dist. Ct. App. 2004). See also, Vinson v. State, 345 So.2d 711 (Fla.1977); Kelly v. Dep't of Health & Rehab. Serv., 610
So.2d 1375 (Fla. 2d DCA 1992).
38 S. 420.518(1), F.S.
39 “Development order” means any order granting, denying, or granting with conditions an application for a development

permit. See s. 163.3164(15), F.S. “Development permit” includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land. See s. 163.3164(16), F.S.
40 S. 163.3194(3), F.S.
41 S. 163.3167(2), F.S.
42 S. 163.3177(6), F.S. The 10 required elements include capital improvements; future land use plan; transportation; general

sanitary sewer, solid waste, drainage, potable water, and natural groundwater aquifer recharge; conservation; recreation and
open space; housing; coastal management; intergovernmental coordination; and property rights. Throughout statutes exist
plans and programs that may be added as optional elements.
43 S. 163.3177(6)(a), F.S.
44 Richard Grosso, A Guide to Development Order "Consistency" Challenges Under Florida Statutes Section 163.3215, 34 J.

Envtl. L. & Litig. 129, 154 (2019) citing Brevard Cty. v. Snyder, 627 So. 2d 469, 475 (Fla. 1993).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
The housing element sets forth guidelines and strategies for the creation and preservation of affordable housing
for all current and anticipated future residents of the jurisdiction, elimination of substandard housing conditions,
provision of adequate sites for future housing, and distribution of housing for a range of incomes and types.45

A comprehensive plan is implemented through the adoption of land development regulations46 that are consistent
with the plan and that contain specific and detailed provisions necessary to implement the plan.47 Such regulations
must, among other requirements, regulate the subdivision of land and the use of land for the land use categories in
the land use element of the comprehensive plan.48 Substantially affected persons have the right to maintain
administrative actions that ensure land development regulations are implemented and consistent with the
comprehensive plan.49

Development that does not conform to the comprehensive plan may not be approved by a local government unless
the local government first amends its comprehensive plan. State law requires a proposed comprehensive plan
amendment to receive two public hearings, the first held by the local planning board and subsequently by the
governing board.50 Following the hearings, the local government must transmit the plan to several statutorily
identified reviewing agencies, including the Department, for review.51 Most plan amendments are placed into the
expedited state review process, while plan amendments relating to large-scale developments are placed into the
state coordinated review process.52

Live Local Act

The Live Local Act, which became law in 2023, preempts certain county and municipal zoning and land use
decisions to encourage development of affordable multifamily rental housing in targeted land use areas.53
Specifically, counties and municipalities must allow a multi-family or mixed-use residential54 rental development
in any area zoned for commercial, industrial, or mixed-use if at least 40 percent of the residential units in the
development are rental units that, for a period of at least 30 years, meet certain affordability requirements.55

Local governments are prohibited from restricting the density56 of qualifying developments below the highest
currently allowed density57 on land within its jurisdiction where residential development is allowed and may not
restrict the height below the highest currently allowed height for a commercial or residential development in its

45 S. 163.3177(6)(f), F.S.
46 “Land development regulations” means ordinances enacted by governing bodies for the regulation of any aspect of

development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or
any other regulations controlling the development of land, except that this definition does not apply in s. 163.3213. See s.
163.3164(26), F.S.
47 S. 163.3202, F.S.
48 Id.
49 S. 163.3213, F.S.
50 Ss. 163.3174(4)(a), F.S. and 163.3184, F.S.
51 S. 163.3184, F.S.
52 See ss. 163.3184 and 380.06, F.S. In the Expedited State Review Process, the Department reviews and approves or amends

the proposed comprehensive plan amendment. This process can take 4 to 6 months. The State Coordinated Review Process is
a more thorough, complex, multi-phase process. For more information, see, https://floridajobs.org/community-planning-and-
development/programs/community-planning-table-of-contents/amendments-that-must-follow-the-state-coordinated-
review-process-procedures-and-timeframes (last visited Mar. 21, 2025).
53 Ch. 2023-17, ss. 3, 5, Laws of Fla., codified as ss. 125.01055(7), F.S. and 166.04151(7), F.S.
54 For mixed-use residential, at least 65 percent of the total square footage must be used for residential purposes. Ss.

125.01055(7)(a) and 166.04151(7)(a), F.S.
55 Ss. 125.01055(7)(a) and 166.04151(7)(a), F.S.
56 “Density” means an objective measurement of the number of people or residential units allowed per unit of land, such as

residents or employees per acre, see s. 163.3164(12), F.S.
57 For purposes of the Live Local Act, “highest currently allowed density” does not include the density of any building that met

the requirements of the Live Local Act or the density of any building that has received any bonus, variance, or other special
exception for density provided in the local government’s land development regulations as an incentive for development. Ss.
125.01055(7)(b) and 166.04151(7)(b), F.S.
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12
jurisdiction within one mile of the proposed development or three stories, whichever is higher.58 Local
governments are also prohibited from restricting the floor area ratio of a proposed development below 150
percent of the highest currently allowed floor area ratio on land within its jurisdiction where residential
development is allowed.59

An application for a development must be administratively approved, and no further action is required from the
governing body of the local government, if the development satisfies the local government’s land development
regulations for multifamily in areas zoned for such use and is otherwise consistent with the jurisdiction’s
comprehensive plan, with the exception of provisions establishing density, floor area ratios, height, and land use
requirements.60

A local government must consider reducing parking requirements for these developments if they are located
within one-quarter mile of a transit stop, as the term is defined in the local government’s land development code,
and the transit stop is accessible from the development.61

These provisions do not apply to recreational and commercial working waterfronts in industrial areas.62 Qualifying
developments must comply with all other applicable state and local laws and regulations.63

These provisions are effective until October 1, 2033.64

Ad Valorem Tax Exemption for Affordable Housing

The ad valorem tax or “property tax” is an annual tax levied by counties, municipalities, school districts, and some
special districts. The tax is based on the taxable value of property as of January 1 of each year.65 The property
appraiser annually determines the “just value”66 of property within the taxing jurisdiction and then applies
relevant exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.”67 Tax bills
are mailed in November of each year based on the previous January 1 valuation, and payment is due by March 31
of the following year.

The Florida Constitution prohibits the state from levying ad valorem taxes,68 and it limits the Legislature’s
authority to provide for property valuations at less than just value, unless expressly authorized.69

Ad Valorem Tax Exemption for Newly Constructed Affordable Housing

The Live Local Act established a new ad valorem tax exemption for owners of newly constructed multifamily rental
developments who use a portion of the development to provide affordable housing.70 Eligible property includes
units in a newly constructed multifamily development containing more than 70 units dedicated to housing natural

58 Ss. 125.01055(7)(b) and 166.04151(7)(b), F.S.
59 Ss. 125.01055(7)(c) and 166.04151(7)(c), F.S.
60 Ss. 125.01055(7)(e) and 166.04151(7)(e) .
61 Ss. 125.01055(7)(f) and 166.04151(7)(f).
62 Ss. 125.01055(7)(k) and 166.04151(7)(k).
63 Ss. 125.01055(7)(i) and 166.04151(7)(i).
64 Ss. 125.01055(7)(l) and 166.04151(7)(l), F.S.
65 Both real property and tangible personal property are subject to tax. S. 192.001(12), F.S., defines “real property” as land,

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

otherwise. FLA. CONST. art VII, s. 4. Just value has been interpreted by the courts to mean the fair market value that a willing
buyer would pay a willing seller for the property in an arm’s-length transaction. See Walter v. Shuler, 176 So. 2d 81 (Fla. 1965);
Deltona Corp. v. Bailey, 336 So. 2d 1163 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade County, 275 So. 2d 4 (Fla. 1973).
67 See s. 192.001(2) and (16), F.S., F.S.
68 FLA. CONST. art. VII, s. 1(a).
69 See FLA. CONST. art. VII, s. 4.
70 Ch. 2023-17, s. 8, Laws of Fla, codified as s. 196.1978(3), F.S.

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persons or families below certain income thresholds.71 However, units subject to an agreement with the
Corporation are not eligible for the exemption.72

“Newly constructed” is defined as an improvement substantially completed within five years before the property
owner’s first application for a certification notice.73 The units must be occupied by such individuals or families and
rent limited so as to provide affordable housing at either the 80 or 120 percent AMI threshold.74 Rent for such units
may not exceed 90 percent of the fair market value of rent as determined by a rental market study.75

Qualified property used to provide affordable housing at the 80 to 120 percent AMI threshold receives an
exemption of 75 percent of the assessed value of the affordable units, while such property providing affordable
housing up to the 80 percent AMI threshold receives a complete ad valorem tax exemption for the affordable
units.76 When determining the value of a unit for purposes of applying an exemption, the property appraiser must
include in such valuation the proportionate share of the residential common areas, including the land, fairly
attributable to the unit.77

To receive this exemption, a property owner must apply by March 1 to the property appraiser, accompanied by a
certification notice from the Corporation.78 To receive the Corporation’s certification, a property owner must
submit a request on a form including the most recent market study, which must have been conducted by an
independent certified general appraiser in the preceding three years, a list of units for which the exemption is
sought, the rent amount received for each unit, and a sworn statement restricting the property for a period of not
less than three years to provide affordable housing.79

The certification process is administered within the Corporation. The Corporation is responsible for publishing the
deadline for submission, reviewing each request, sending certification notices to both the successful property
owner and the appropriate property appraiser, and notifying unsuccessful property owners and providing reasons
for the denial.80

This exemption first applied to the 2024 tax roll and will expire on December 31, 2059.

Local Option Affordable Housing Ad Valorem Exemption

The Live Local Act authorizes counties and municipalities to enact an ad valorem tax exemption for certain
property used for providing affordable housing.81

Portions of property eligible for the exemption must be utilized to house persons or families meeting the
extremely-low- limit82 or with incomes between 30 to 60 percent of AMI, be contained in a multifamily project of at
least 50 units where at least 20 percent are reserved for affordable housing, and have rent set such that it provides
affordable housing to people in the target income bracket, or no higher than 90 percent of the fair market rent
value as determined by a rental market study, whichever is less.83

71 S. 196.1978(3)(b), F.S.
72 S. 196.1978(3)(j), F.S.
73 S. 196.1978(3)(a)2., F.S.
74 S. 196.1978(3)(b)1., F.S.
75 S. 196.1978(3)(b)3., F.S.
76 S. 196.1978(3)(d)1., F.S.
77 S. 196.1978(3)(d)2., F.S.
78 S. 196.1978(3)(e), F.S.
79 S. 196.1978(3)(f), F.S.
80 S. 196.1978(3)(g), F.S.
81 Ch. 2023-17, s. 9, Laws of Fla., codified as s. 196.1979, F.S.
82 S. 420.0004(9), F.S.
83 S. 196.1979(1)(a)1.-3., F.S.

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Additionally, the property must not have been cited for code violations on three or more occasions in the preceding
24 months and must not have outstanding code violations or related fines.84

In adopting this exemption, a local government may choose to offer either or both an exemption for extremely-low-
income (up to 30 percent AMI) and for incomes between 30 to 60 percent AMI targets. The value of the exemption
is up to 75 percent of the assessed value of each unit if less than 100 percent of the multifamily project’s units are
used to provide affordable housing, or up to 100 percent of the assessed value if all of the project’s units are used
to provide affordable housing.85

An ordinance enacting such an exemption must:
 Be adopted under normal non-emergency procedures.
 Designate the local entity under the supervision of the governing body that must develop, receive, and
review applications for certification and develop notices of determination of eligibility.
 Require the property owner to apply for certification on a form including the most recent market study,
which must have been conducted by an independent certified general appraiser in the preceding three
years; a list of units for which the exemption is sought; and the rent amount received for each unit.
 Require the designated entity to verify and certify the property as having met the requirements for the
exemption, and notify unsuccessful applicants with the reasons for denial.
 Set out the requirements for each unit discussed above.
 Require the property owner to submit an application for exemption accompanied by certification to the
property appraiser by March 1.
 Specify that such exemption only applies to taxes levied by the unit of government granting the exemption.
 Specify that the property may not receive such an exemption after the expiration of the ordinance granting
the exemption.
 Identify the percentage of assessed value to be exempted, and whether such exemption applies to very-low-
income, extremely-low-income, or both.
 Require that the deadline to submit an application and a list of certified properties be published on the
local government’s website.86

The ordinance must expire before the fourth January 1 after adoption; however, the local governing body may
adopt a new ordinance renewing the exemption.87

If the property appraiser determines that such an exemption has been improperly granted within the last 10 years,
the property appraiser must serve the owner with a notice of intent to record a tax lien. Such property will be
subject to the taxes improperly exempted, plus a penalty of 50 percent and 15 percent annual interest. Penalty and
interest amounts do not apply to exemptions erroneously granted due to clerical mistake or omission by the
property appraiser.88

Accessory Dwelling Units

The Legislature has taken measures in recent years to address Florida’s need for more affordable housing.89 One of
those measures included encouraging the construction of accessory dwelling units (ADUs) in single-family
residential areas to increase the availability of affordable rentals.

84 S. 196.1979(1)(a)4., F.S.
85 S. 196.1979(1)(b), F.S.
86 S. 196.1979(3), F.S.
87 S. 196.1979(5), F.S.
88 S. 196.1979(6), F.S.
89 See chs. 2023-17, and 2024-188, Laws of Fla.
90 S. 163.31771(2)(a), F.S.

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names such as “carriage house,” “mother-in-law suite,” or “coach house,” and are quite common throughout the
United States.91

ADUs offer benefits to both individual homeowners and the wider communities where they exist.92 For individuals,
ADUs:
 Allow families to provide care to aging or disabled relatives, while still providing those relatives some
independence.
 Provide young adults an affordable housing option as a first step after college.
 May be a source of rental income to the landowner.93

For the wider community, ADUs:
 Are a more affordable housing alternative compared to a single-family residence or apartment unit with
costly neighborhood and amenity fees.
 Create diverse neighborhoods with a variety of residents of different ages and backgrounds.94

Under current law, local governments in Florida are authorized – but not required – to adopt ordinances that
allows ADUs in any area zoned for single-family residential use.95 An application for a permit to construct an ADU
must be accompanied by an affidavit from the applicant in which the applicant attests that the unit will be rented at
an affordable rate to extremely-low-income, very-low-income, low-income, or moderate-income persons.96

Manufactured Homes

Manufactured homes are constructed entirely or partially in an off-site factory, transported via roadways, and then
placed or assembled on a site-built foundation.97 Manufactured homes are constructed according to standards
administered by the U.S. Department of Housing and Urban Development (HUD), known as the Manufactured
Home Construction and Safety Standards (MHCS Standards).98, 99

Manufactured housing is the largest form of unsubsidized affordable housing in the U.S. and the only type of
housing built to federal construction and safety standards.100 The Office of Manufactured Housing Programs
administers the National Manufactured Housing Construction and Safety Standards Act of 1974,101 which
authorizes HUD to establish the MHCS Standards for the design and construction of manufactured homes to assure
the quality, durability, safety, and affordability of such homes.102

Impact Fees

91 City of Tallahassee: Growth Management Department, Zoning Spotlight: Accessory Dwelling Units, March 2024, p. 1.

https://www.talgov.com/uploads/public/documents/growth/zoning_spot_231010.pdf (last visited Mar. 21, 2025).
92 Id.
93 Id.
94 Id.
95 S. 163.31771(3), F.S.
96 S. 163.31771(4), F.S.
97 Federal Emergency Management Agency, Manufactured v. Modular Homes,

https://emilms.fema.gov/is_0285/groups/134.html (last visited Mar. 11, 2025).
98 The MHCS Standards are codified in 24 C.F.R. Part 3280.
99 The MHCS Standards require manufactured homes to be constructed on a permanent chassis. See U.S. Department of

Housing and Urban Development, Frequently Asked Questions About Manufactured Housing,
https://files.hudexchange.info/resources/documents/Manufactured-Housing-Webinar-FAQ-About-Manufactured-Housing-
Slides.pdf (last visited Mar. 11, 2025).
100 Manufactured Housing Institute, About Manufactured Homes, https://www.manufacturedhousing.org/about-

manufactured-homes/ (last visited Mar. 11, 2025).
101 42 U.S.C. § 5401-5426.
102 Florida Realtors, HUD Creates New Office for Manufactured Housing, https://www.floridarealtors.org/news-media/news-

articles/2023/06/hud-creates-new-office-manufactured-housing (last visited Mar. 11, 2025).
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Impact fees are a type of regulatory fee “imposed by local governments against new development to provide for
capital facilities’ costs made necessary by population growth. Rather than imposing the costs of these additional
capital facilities upon the general public, the purpose of impact fees is to shift the expense burden to
newcomers.”103 Examples of capital facilities include the provision of additional water and sewer systems, schools,
libraries, parks and recreation facilities.104 Impact fees are typically assessed using a fee schedule that sets forth
the charge per type of dwelling unit or per square footage of floor space.105 The charges are usually paid at the time
the building permit is approved.106

The Florida Impact Fee Act (Act) provides requirements and procedures to be followed by a county, municipality,
or special district when it adopts an impact fee.107 These requirements include basing an impact fee’s calculation on
recent and localized data and detailed accounting and reporting of collections and expenditures.108

Under the Act, a local government, school district, or special district may increase an impact fee rate beyond
certain phase-in limitations109 by establishing the need for the increase, provided the following criteria are met:
 A demonstrated-need study justifying any increase in excess of those authorized by the Act has been
completed within the 12 months before the adoption of the impact fee increase and expressly
demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations.
 The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the
extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in the Act.
 The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body.110

Homestead Exemption

Property owners in Florida may be eligible for exemptions and additional benefits that can reduce their property
tax liability.111 When someone owns property and makes it his or her permanent residence or the permanent
residence of his or her dependent, the property may be eligible to receive a homestead exemption up to $50,000.112
The first $25,000 applies to all property taxes, including school district taxes.113 The additional exemption up to
$25,000 applies to the assessed value between $50,000 and $75,000 and only to non-school taxes.114

103 Florida’s Office of Economic and Demographic Research, Local Government Financial Information Handbook (Nov. 2016), p.

13, https://edr.state.fl.us/Content/local-government/reports/lgfih16.pdf (last visited Mar. 21, 2025).
104 Florida Housing Finance Corporation, Overview of Impact Fees and Affordable Housing (Oct. 2017), p. 1,

https://www.floridahousing.org/docs/default-source/aboutflorida/august2017/october2017/TAB_3.pdf (last visited Mar.
21, 2025).
105 Id.
106 Id.
107 S. 163.31801, F.S.
108 Supra note 105, p. 1.
109 For purposes of this section in the Act, the phase-in limitations include the following:

 An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two
equal annual increments beginning with the date on which the increased fee is adopted.
 An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate
must be implemented in four equal installments beginning with the date the increased fee is adopted.
 An impact fee increase may not exceed 50 percent of the current impact fee rate.
 An impact fee may not be increased more than once every 4 years. S. 163.31801(6)(b)–(e), F.S.
110 S. 163.31801(6)(g), F.S.
111 Department of Revenue, Property Tax Exemptions and Additional Benefits,

https://floridarevenue.com/property/Pages/Taxpayers_Exemptions.aspx#:~:text=When%20someone%20owns%20propert
y%20and,by%20as%20much%20as%20%2450%2C000. (last visited Mar. 21, 2025).
112 Department of Revenue, Property Tax Information for Homestead Exemption (Aug. 2024),

https://floridarevenue.com/property/Documents/pt113.pdf (last visited Mar. 21, 2025). See also s. 196.031, F.S.
113 Department of Revenue, Property Tax Information for Homestead Exemption (Aug. 2024),

https://floridarevenue.com/property/Documents/pt113.pdf (last visited Mar. 21, 2025). See also s. 196.031, F.S.
114 Department of Revenue, Property Tax Information for Homestead Exemption (Aug. 2024),

https://floridarevenue.com/property/Documents/pt113.pdf (last visited Mar. 21, 2025). See also s. 196.031, F.S.
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Under current law, if a property owner that qualifies for the homestead tax exemption rents their home to a tenant,
the property could be considered abandoned which could cause the property owner to lose the exemption.115
However, the abandonment of a homestead after January 1 of any year does not affect the homestead exemption
for tax purposes for that particular year unless the property is rented for more than 30 days per calendar year for 2
consecutive years.116

District School Boards

Under Florida law, a district school board may use portions of school sites purchased within the guidelines of the
State Requirements for Educational Facilities,117 land deemed not usable for educational purposes because of
location or other factors, or land declared as surplus by the board to provide sites for affordable housing for
teachers and other district personnel and, in areas of critical state concern, for other essential services personnel
as defined by local affordable housing eligibility requirements, independently or in conjunction with other local
governments and planning authorities.118

Prohibited Discrimination in Land Use and Permitting Decisions

Florida law makes it unlawful to discriminate in land use decisions or in the permitting of development, based on
race, color, national origin, sex, disability, familial status, religious, or except as otherwise provided by law, the
source of financing of a development or proposed development.119 Currently, the state has not waived sovereign
immunity for itself and its agencies and political subdivisions for causes of action based on these provisions.

RECENT LEGISLATION:

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

2023 CS/CS/HB 627 Busatta, Lopez, V. Calatayud Approved by the Governor.
Created the Live Local Act.
2024 CS/CS/HB 1239 Lopez, V. Calatayud Approved by the Governor.
Made certain changes to the
Live Local Act.

115 The rental of all or substantially all of a dwelling previously claimed to be a homestead for tax purposes shall constitute the

abandonment of such dwelling as a homestead, and the abandonment continues until the dwelling is physically occupied by
the owner. S. 196.061(1), F.S.
116 Id.
117 The State Requirements for Educational Facilities (SREF) are part of the Florida Building Code. SREF requirements apply to

construction, renovation, and remodeling of public educational facilities owned by district school boards and Florida College
System boards of trustees. See Florida Legislature Office of Program Policy Analysis and Government Accountability, The State
Requirements for Educational Facilities Should Be Retained; Some Modifications Could Be Made (Jan. 2017), Report No. 17-04, at
p. 1, https://fsba.org/wp-content/uploads/2016/02/OPPAGA-SREF-Report-1-31-17.pdf (last visited Mar. 21, 2025). See also
Florida Department of Education, State Requirements for Educational Facilities (Nov. 4, 2014),
https://www.fldoe.org/core/fileparse.php/7738/urlt/srefrule14.pdf (last visited Mar. 21, 2025).
118 S. 1001.43(12), F.S.
119 S. 760.26, F.S.

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BILL HISTORY

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STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Housing, Agriculture & Tourism 14 Y, 1 N, As CS 3/25/2025 Curtin Fletcher
Subcommittee
THE CHANGES ADOPTED BY THE  Prohibited local governments from adopting any ordinance that limits or
COMMITTEE: prohibits affordable housing.
 Clarified the authority of local governments to approve the development of
affordable housing on certain lands owned by religious institutions,
regardless of the underlying zoning.
 Defined “allowable density” as the density prescribed for a property
without additional requirements to procure and transfer density or
development units from other properties.
 Allowed, rather than required, local governments to authorize the
inclusion of certain adjacent parcels as part of a multifamily development,
if the residential units meet affordability requirements.
 Revised the definition of “highest height” to include the height of the tallest
building in a local government’s jurisdiction located within 1 mile of a
proposed development if the building exceeds the highest height allowed
on or after July 1, 2023.
 Required certain proposed affordable housing developments to be treated
as a conforming use, notwithstanding a local government’s comprehensive
plan, future land use designation, or zoning.
 Removed the cause of action for certain property owners that are
adversely affected by certain building moratoriums.
 Required any ordinance that designates property as a historic landmark to
have a printed or digital map of the property readily available, and
required the map to be submitted to the State Historic Preservation Officer
no later than June 1, 2027.
 Restored the definitions of “compatibility” and “urban service area” under
the Community Planning Act (CPA) to current law.
 Modified the definition of “accessory dwelling unit” to include certain
manufactured homes.
 Required both private and public sector employers, who partner with
developers on housing projects to support essential service and high-
demand career employees, to provide land and financial support for the
housing projects.
 Defined “person” for purposes of the Fair Housing Act (FHA).
 Required a court, upon finding that a person has committed a
discriminatory housing practice under the FHA, to issue an order
prohibiting the practice and providing certain affirmative relief from the
effects of the practice.
Intergovernmental Affairs 13 Y, 3 N, As CS 4/9/2025 Darden Burgess
Subcommittee

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THE CHANGES ADOPTED BY THE  Revised definitions.
COMMITTEE:  Provided exceptions from prohibitions on moratoria for those imposed to
address water issues.
 Removed the provision requiring local governments to approve proposed
urban infill developments administratively.
 Removed the provision requiring local governments to adopt approvals for
increasing height or floor area ratio in their land development regulations
by a simple majority vote.
 Provided that ADUs may not be used for short-term rentals.
 Required the property appraiser to issue a letter to verify that a
multifamily project qualifies for an exemption based on its site plan.
 Limited the provision authorizing the Corporation to assist in housing
projects for workers in essential industries to one project per year for
healthcare workers or public sector employees.
 Removed provisions relating to expedited foreclosure proceedings for
abandoned property.
Commerce Committee Hamon Fletcher

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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 943 2025

1 A bill to be entitled
2 An act relating to real property and land use and
3 development; amending s. 125.01055, F.S.; prohibiting
4 counties from adopting or enforcing specified laws,
5 ordinances, rules, or other measures relating to
6 affordable housing; authorizing the board of county
7 commissioners to approve the development of housing
8 that is affordable on any parcel that is owned by a
9 specified religious institution; providing
10 definitions; requiring counties to authorize
11 multifamily and mixed-use residential as allowable
12 uses on parcels owned and authorized by specified
13 entities and in planned unit developments for
14 specified use, if certain conditions are met;
15 authorizing counties to include adjacent land as part
16 of multifamily development, regardless of land use
17 designation, if certain conditions are met; providing
18 applicability; prohibiting counties from requiring a
19 proposed multifamily development to acquire or
20 transfer density, density units, or development units
21 or obtain certain amendments or approval; prohibiting
22 counties from requiring more than a certain percentage
23 of total square footage to be used for specified
24 purposes; providing that certain affordable or
25 workforce units also qualify as affordable housing;

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26 prohibiting counties from restricting or taking action
27 that has the effect of restricting the density of a
28 proposed multifamily or mixed-use residential
29 development below the highest density allowed on or
30 after a specified date; providing construction;
31 prohibiting counties from restricting or taking action
32 that has the effect of restricting the maximum lot
33 size of a proposed multifamily or mixed-use
34 residential development below the largest maximum lot
35 size allowed on or after a specified date; prohibiting
36 counties from restricting or taking action that has
37 the effect of restricting the floor area ratio of a
38 proposed multifamily or mixed-use residential
39 development below a certain percentage allowed on or
40 after a specified date; prohibiting counties from
41 restricting or taking action that has the effect of
42 restricting the height of a proposed multifamily or
43 mixed-use residential development below the highest
44 height allowed on or after a specified date; revising
45 the ability of counties to restrict the height of
46 multifamily or mixed-use residential developments that
47 are adjacent to specified parcels to the highest
48 height allowed on or after a specified date; requiring
49 administrative approval of proposed multifamily or
50 mixed-use residential developments with no further

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51 action or approval in certain instances; requiring
52 such developments to be treated as a conforming use,
53 notwithstanding certain land development regulations;
54 prohibiting counties from initiating or enforcing
55 zoning-in-progress or building moratoriums in certain
56 instances; providing applicability; requiring each
57 county to maintain on its website a specified policy;
58 requiring counties to reduce certain parking
59 requirements by a specified percentage; requiring
60 counties to approve, within a specified timeframe,
61 building permit plan reviews for proposed
62 developments; providing for the awarding of attorney
63 fees and costs under certain conditions; providing
64 that if a county adopts an ordinance or resolution, or
65 makes any other decision, after a specified date
66 having certain effects, the ordinance, resolution, or
67 decision is deemed preempted; providing that the
68 administrative review process of a site plan filed
69 with a county must be based on land development
70 regulations in effect as of the date of filing the
71 application; preempting the regulation of affordable
72 housing to the state; requiring courts to expedite
73 proceedings and render an order within a specified
74 timeframe if an action is filed against a local
75 government based on preemption grounds; requiring

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76 notice of appeal to be filed and served within a
77 specified timeframe from such judgment; requiring the
78 Supreme Court to adopt rules by a specified date for
79 such expedited proceedings; prohibiting counties from
80 conditioning review or approval of applications for
81 development permits or orders on the waiver,
82 forbearance, acquisition, transfer, or abandonment of
83 any development right, or the procurement or transfer
84 of density units or development units; deeming such
85 actions to be void; providing applicability; providing
86 reporting requirements for counties and the state land
87 planning agency; prohibiting the imposition of a
88 building moratorium under certain circumstances;
89 providing applicability; providing that the owner of
90 an administratively approved proposed development has
91 a vested right to proceed with development under
92 certain circumstances; amending s. 163.31801, F.S.;
93 requiring an exception or waiver for a specified
94 percentage of the impact fees for certain
95 developments; amending s. 166.041, F.S.; requiring
96 that ordinances designating property as a historic
97 landmark require a map to be readily available;
98 requiring municipalities to submit such maps to the
99 State Historic Preservation Officer by a specified
100 date; requiring that resolutions designating certain

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101 privately owned property as a historic landmark be
102 based on a certain finding by the governing body for
103 adoption of such resolutions; amending s. 166.04151,
104 F.S.; prohibiting municipalities from adopting or
105 enforcing specified laws, ordinances, rules, or other
106 measures relating to affordable housing; authorizing
107 municipalities to approve the development of housing
108 that is affordable on any parcel that is owned by
109 specified religious institutions; providing
110 definitions; requiring municipalities to authorize
111 multifamily and mixed-use residential as allowable
112 uses on parcels owned and authorized by specified
113 entities and in planned unit developments for
114 specified use, if certain conditions are met;
115 authorizing municipalities to include adjacent land as
116 part of multifamily development, regardless of land
117 use designation, if certain conditions are met;
118 providing applicability; prohibiting municipalities
119 from requiring a proposed multifamily development to
120 acquire or transfer density, density units, or
121 development units or obtain certain amendments or
122 approval; prohibiting municipalities from requiring
123 more than a certain percentage of total square footage
124 to be used for specified purposes; providing that
125 certain affordable or workforce units also qualify as

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126 affordable housing; prohibiting municipalities from
127 restricting or taking action that has the effect of
128 restricting the density of a proposed multifamily or
129 mixed-use residential development below the highest
130 density allowed on or after a specified date;
131 prohibiting municipalities from restricting or taking
132 action that has the effect of restricting the maximum
133 lot size of a proposed multifamily or mixed-use
134 residential development below the largest maximum lot
135 size allowed on or after a specified date; prohibiting
136 municipalities from restricting or taking action that
137 has the effect of restricting the floor area ratio of
138 a proposed multifamily or mixed-use residential
139 development below a certain percentage allowed on or
140 after a specified date; prohibiting municipalities
141 from restricting or taking action that has the effect
142 of restricting the height of a proposed multifamily or
143 mixed-use residential development below the highest
144 height allowed on or after a specified date; revising
145 the ability of municipalities to restrict the height
146 of multifamily or mixed-use residential developments
147 that are adjacent to specified parcels to the highest
148 height allowed on or after a specified date; requiring
149 administrative approval of proposed multifamily or
150 mixed-use residential developments with no further

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151 action or approval in certain instances; requiring
152 such developments to be treated as a conforming use,
153 notwithstanding certain land development regulations;
154 prohibiting municipalities from initiating or
155 enforcing zoning-in-progress or building moratoriums
156 in certain instances; providing applicability;
157 requiring each municipality to maintain on its website
158 a specified policy; requiring municipalities to reduce
159 certain parking requirements by a specified
160 percentage; requiring municipalities to approve,
161 within a specified timeframe, building permit plan
162 reviews for proposed developments; providing for the
163 awarding of attorney fees and costs under certain
164 conditions; providing that if a municipality adopts an
165 ordinance or resolution, or makes any other decision,
166 after a specified date having certain effects, the
167 ordinance, resolution, or decision is deemed
168 preempted; providing that the administrative review
169 process of a site plan filed with a municipality must
170 be based on land development regulations in effect as
171 of the date of filing the application; preempting the
172 regulation of affordable housing to the state;
173 requiring courts to expedite proceedings and render an
174 order within a specified timeframe if an action is
175 filed against a local government based on preemption

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176 grounds; requiring notice of appeal to be filed and
177 served within a specified timeframe from such
178 judgment; requiring the Supreme Court to adopt rules
179 by a specified date for such expedited proceedings;
180 prohibiting municipalities from conditioning review or
181 approval of applications for development permits or
182 orders on the waiver, forbearance, acquisition,
183 transfer, or abandonment of any development right, or
184 the procurement or transfer of density units or
185 development units; deeming such actions to be void;
186 providing applicability; providing reporting
187 requirements for municipalities and the state land
188 planning agency; prohibiting the imposition of a
189 building moratorium under certain circumstances;
190 providing applicability; providing that the owner of
191 an administratively approved proposed development has
192 a vested right to proceed with development under
193 certain circumstances; amending s. 163.31771, F.S.;
194 revising the definition of the term "accessory
195 dwelling unit"; defining the term "department";
196 requiring local governments to adopt ordinances as
197 they relate to accessory dwelling units; prohibiting
198 local governments from increasing costs of
199 construction of accessory dwelling units; providing
200 exceptions; prohibiting accessory dwelling units from

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201 being leased for less than a specified term; requiring
202 local governments to submit annual reports beginning
203 on a specified date to the Department of Commerce and
204 post such reports on the local governments' websites;
205 providing requirements for the reports; authorizing
206 the department to adopt rules; prohibiting an owner of
207 property with an accessory dwelling unit from being
208 denied a homestead exemption or homestead property
209 assessment limitation solely on the basis of the
210 property containing an accessory dwelling unit;
211 establishing requirements for homestead purposes if an
212 accessory dwelling unit is rented by the property
213 owner; requiring an accessory dwelling unit that is
214 not rented to be considered part of homestead
215 property; amending s. 196.1978, F.S.; requiring the
216 property appraiser to issue a letter to verify that a
217 multifamily project qualifies for the affordable
218 housing exemption; exempting such project from a
219 certain ordinance in certain circumstances; providing
220 that a verification letter is prima facie evidence
221 that such project is eligible for an exemption in
222 certain circumstances; establishing the date on which
223 such project qualifies to obtain an exemption;
224 amending s. 196.1979, F.S.; authorizing the board of
225 county commissioners or the governing body of a

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226 municipality to exempt specified portions of property
227 within multifamily projects and accessory dwelling
228 units used to provide affordable housing; revising ad
229 valorem property tax exemption provisions for
230 accessory dwelling units; amending s. 333.03, F.S.;
231 revising applicability for certain proposed
232 developments; defining the term "commercial service
233 airport"; amending s. 420.50871, F.S.; expanding the
234 scope of financing of affordable housing projects to
235 include certain housing; creating s. 420.5098, F.S.;
236 providing legislative findings; providing definitions;
237 providing legislative policy; authorizing the Florida
238 Housing Finance Corporation to fund certain housing
239 projects within a specified time that will provide
240 affordable housing in specified areas for specified
241 individuals through a public-private housing
242 partnership agreement; requiring certain participating
243 employers to provide land or other financial support
244 to such individuals; amending s. 760.22, F.S.;
245 revising the definition of the term "person"; amending
246 s. 760.26, F.S.; prohibiting discrimination in land
247 use decisions and in permitting of development based
248 on a development or proposed development being
249 affordable housing; providing applicability; amending
250 s. 760.35, F.S.; revising provisions relating to the

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251 issuance of a court order prohibiting a discriminatory
252 housing practice; providing for waiver of sovereign
253 immunity; amending s. 479.01, F.S.; conforming a
254 cross-reference; amending s. 1001.43, F.S.; requiring
255 district school boards to exercise specified
256 supplemental powers and duties relating to affordable
257 housing; providing an effective date.
258
259 Be It Enacted by the Legislature of the State of Florida:
260
261 Section 1. Subsections (1), (6), (7), and (8) of section
262 125.01055, Florida Statutes, are amended, and subsections (9)
263 through (12) are added to that section, to read:
264 125.01055 Affordable housing.—
265 (1) Notwithstanding any other provision of law, a county
266 may adopt and maintain in effect any law, ordinance, rule, or
267 other measure that is adopted for the purpose of increasing the
268 supply of affordable housing using land use mechanisms such as
269 inclusionary housing or linkage fee ordinances. A county may not
270 adopt or enforce any law, ordinance, rule, or other measure that
271 limits or prohibits affordable housing, including, but not
272 limited to, any measure that is adopted for the purpose of
273 limiting the maximum percentage of affordable housing units
274 within a project within a certain geographic area or within a
275 certain distance from another affordable housing project, or

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276 that otherwise prohibits affordable housing in areas zoned for
277 such use.
278 (6) Notwithstanding any other law or local ordinance or
279 regulation to the contrary, the board of county commissioners
280 may approve the development of housing that is affordable, as
281 defined in s. 420.0004, including, but not limited to, a mixed-
282 use residential development, on any parcel zoned for commercial
283 or industrial use, or on any parcel, including any contiguous
284 parcel connected thereto, that is owned by a religious
285 institution, as defined in s. 170.201(2), that contains a house
286 of public worship, regardless of the underlying zoning, so long
287 as at least 10 percent of the units included in the project are
288 for housing that is affordable. The provisions of this
289 subsection are self-executing and do not require the board of
290 county commissioners to adopt an ordinance or a regulation
291 before using the approval process in this subsection.
292 (7)(a) As used in this subsection, regardless of
293 terminology used in a county's land development regulations, the
294 term:
295 1. "Allowable density" means the density prescribed for
296 the property without additional requirements to procure and
297 transfer density units or development units from other
298 properties.
299 2. "Allowable use" means the intended uses identified in a
300 county's land development regulations which are authorized

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301 within a zoning category as a use by right, without the
302 requirement to obtain a variance or waiver. The term does not
303 include uses that are accessory, ancillary, or incidental to the
304 allowable uses or allowed only on a temporary basis.
305 3. "Commercial use" means activities associated with the
306 sale, rental, or distribution of products or the sale or
307 performance of services. The term includes, but is not limited
308 to, retail, office, entertainment, hotels, and other for-profit
309 business activities. The term does not include vacation rentals
310 as classified in s. 509.242(1)(c); home-based businesses or
311 cottage food operations performed on residential property; or
312 uses that are accessory, ancillary, or incidental to the
313 allowable uses or allowed only on a temporary basis.
314 4. "Industrial use" means activities associated with the
315 manufacture, assembly, processing, or storage of products or the
316 performance of related services.
317 5. "Mixed use" means areas that include both residential
318 and nonresidential uses, notwithstanding any local land
319 development regulation categorization or title, regardless of
320 whether the residential or nonresidential uses are permitted as
321 principal use, conditional use, ancillary use, special use,
322 unusual use, accessory use, planned unit development, or planned
323 development. Nonresidential use includes, but is not limited to,
324 retail, office, hotel, lodging, civic, institutional, parking,
325 utilities, or other commercial uses.

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326 6. "Planned unit development" has the same meaning as in
327 s. 163.3202(5)(b).
328 (b)1.(a) Notwithstanding any other law, local ordinance,
329 or regulation to the contrary, including any local moratorium
330 established after March 29, 2023, a county must authorize
331 multifamily and mixed-use residential as allowable uses on any
332 parcel owned and authorized by the county, a district school
333 board, or a religious institution as defined in s. 170.201(2),
334 and in any area zoned for commercial, industrial, or mixed use;
335 or on any parcel within a planned unit development permitted for
336 commercial, industrial, or mixed use, if at least 40 percent of
337 the residential units in a proposed multifamily or mixed-use
338 residential development are rental units that, for a period of
339 at least 30 years, are affordable as defined in s. 420.0004. A
340 county may authorize the inclusion of an adjacent parcel of land
341 as part of the multifamily development, regardless of the land
342 use designation of the adjacent parcel, if the residential units
343 to be built on the adjacent parcel comply with the requirements
344 of this subsection. This subparagraph does not apply to
345 moratoria imposed to address stormwater or flood water
346 management, to address the supply of potable water, or due to
347 the necessary repair of sanitary sewer systems, if such
348 moratoria apply equally to all types of multifamily or mixed-use
349 residential development.
350 2. Notwithstanding any other law, local ordinance, or

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351 regulation to the contrary, a county may not require a proposed
352 multifamily or mixed-use residential development to acquire or
353 transfer density, density units, or development units or obtain
354 an amendment to a development of regional impact, amendment to a
355 development agreement, or amendment to a restrictive covenant or
356 a zoning or land use change, special exception, conditional use
357 approval, variance, or comprehensive plan amendment, or any
358 other approval for the building height, zoning, and densities
359 authorized under this subsection.
360 3. For mixed-use residential projects, at least 65 percent
361 of the total square footage must be used for residential
362 purposes. A county may not require more than 10 percent of the
363 total square footage to be used for nonresidential purposes.
364 4. Affordable or workforce units that qualify for
365 incentives under local regulations as contemplated by subsection
366 (4) may also qualify as affordable under this subsection if the
367 units satisfy the requirements of s. 420.0004 and the local
368 regulations.
369 (c)(b) A county may not directly restrict or take action
370 that has the effect of restricting the density of a proposed
371 multifamily or mixed-use residential development authorized
372 under this subsection below the highest currently allowed
373 density allowed on or after July 1, 2023, on any unincorporated
374 land in the county where residential development is allowed
375 under the county's land development regulations. For purposes of

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376 this paragraph, the term "highest currently allowed density"
377 does not include the density of any building that met the
378 requirements of this subsection or the density of any building
379 that has received any bonus, variance, or other special
380 exception for density provided in the county's land development
381 regulations as an incentive for development. For purposes of
382 this paragraph, to "directly restrict" or to "take action that
383 has the effect of restricting" density includes requirements to
384 procure or transfer density units or development units from
385 other properties.
386 (d) A county may not directly restrict or take action that
387 has the effect of restricting the maximum lot size of a proposed
388 multifamily or mixed-use residential development authorized
389 under this paragraph below the largest maximum lot size allowed
390 on or after July 1, 2023, on any unincorporated land in the
391 county where multifamily or mixed-use residential development is
392 allowed pursuant to the county's land development regulations. A
393 county may not restrict the maximum lot coverage of a proposed
394 multifamily or mixed-use residential development authorized
395 under this paragraph below 70 percent.
396 (e)(c) A county may not directly restrict or take action
397 that has the effect of restricting the floor area ratio of a
398 proposed multifamily or mixed-use residential development
399 authorized under this subsection below 150 percent of the
400 highest currently allowed floor area ratio allowed on or after

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401 May 16, 2024, on any unincorporated land in the county where
402 development is allowed under the county's land development
403 regulations. For purposes of this paragraph, the term "highest
404 currently allowed floor area ratio" does not include the floor
405 area ratio of any building that met the requirements of this
406 subsection or the floor area ratio of any building that has
407 received any bonus, variance, or other special exception for
408 floor area ratio provided in the county's land development
409 regulations as an incentive for development. For purposes of
410 this subsection, the term "floor area ratio" includes floor lot
411 ratio.
412 (f)(d)1. A county may not directly restrict or take action
413 that has the effect of restricting the height of a proposed
414 multifamily or mixed-use residential development authorized
415 under this subsection below the highest currently allowed height
416 allowed on or after July 1, 2023, for a commercial or
417 residential building located in its jurisdiction within 1 mile
418 of the proposed development or 3 stories, whichever is higher.
419 For purposes of this paragraph, the term "highest currently
420 allowed height" does not include the height of any building that
421 met the requirements of this subsection or the height of any
422 building that has received any bonus, variance, or other special
423 exception for height provided in the county's land development
424 regulations as an incentive for development.
425 2. If the proposed multifamily or mixed-use residential

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426 development is adjacent to, on two or more sides, a parcel zoned
427 for single-family residential use which is within a single-
428 family residential development with at least 25 contiguous
429 single-family homes, the county may restrict the height of the
430 proposed development to 150 percent of the tallest building on
431 any property adjacent to the proposed development, the highest
432 currently allowed height allowed on or after July 1, 2023, for
433 the property provided in the county's land development
434 regulations, or 3 stories, whichever is higher. For the purposes
435 of this paragraph, the term "adjacent to" means those properties
436 sharing more than one point of a property line, but does not
437 include properties separated by a public road.
438 (g)1.(e) A proposed multifamily or mixed-use residential
439 development authorized under this subsection must be
440 administratively approved and no further action by the board of
441 county commissioners or any quasi-judicial board of the
442 reviewing body is not authorized required if the development
443 satisfies the county's land development regulations for
444 multifamily or mixed-use residential developments in areas zoned
445 for such use, density, intensity, and height, and is otherwise
446 consistent with the comprehensive plan, with the exception of
447 provisions establishing allowable densities, floor area ratios,
448 height, and land use, including mixed-use and minimum
449 nonresidential or commercial floor area requirements. The
450 removal or demolition of an existing structure to be performed

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451 as part of the proposed development must also be
452 administratively approved. A proposed development authorized
453 under this subsection must be treated as a conforming use,
454 notwithstanding the county's comprehensive plan, future land use
455 designation, or zoning. Such land development regulations
456 include, but are not limited to, regulations relating to
457 setbacks and parking requirements.
458 2. A county may not initiate or enforce zoning-in-progress
459 or a building moratorium on a proposed development that is
460 subject to this subsection and for which the county has approved
461 the development's preliminary site plan. This subparagraph does
462 not apply to moratoria imposed to address stormwater or flood
463 water management, to address the supply of potable water, or due
464 to the necessary repair of sanitary sewer systems, if such
465 moratoria apply equally to all types of multifamily or mixed-use
466 residential development.
467 3. A proposed development located within one-quarter mile
468 of a military installation identified in s. 163.3175(2) may not
469 be administratively approved.
470 4. Each county shall maintain on its website a policy
471 containing the zoning map and zoning regulations as outlined in
472 this section and the procedures and expectations for
473 administrative approval pursuant to this subsection.
474 (h)(f)1. A county must reduce consider reducing parking
475 requirements by at least 20 percent for a proposed development

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476 authorized under this subsection, or by 100 percent for
477 structures that are 20,000 square feet or less if the
478 development is located within one-quarter mile of a transit
479 stop, as defined in the county's land development code, and the
480 transit stop is accessible from the development.
481 2. A county must reduce parking requirements by at least
482 20 percent for a proposed development authorized under this
483 subsection if the development:
484 a. Is located within one-half mile of a major
485 transportation hub that is accessible from the proposed
486 development by safe, pedestrian-friendly means, such as
487 sidewalks, crosswalks, elevated pedestrian or bike paths, or
488 other multimodal design features; and
489 b. Has available parking within 600 feet of the proposed
490 development which may consist of options such as on-street
491 parking, parking lots, or parking garages available for use by
492 residents of the proposed development. However, a county may not
493 require that the available parking compensate for the reduction
494 in parking requirements.
495 3. A county must eliminate parking requirements for a
496 proposed mixed-use residential development authorized under this
497 subsection within an area recognized by the county as a transit-
498 oriented development or area, as provided in paragraph (h).
499 4. For purposes of this paragraph, the term "major
500 transportation hub" means any transit station, whether bus,

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501 train, or light rail, which is served by public transit with a
502 mix of other transportation options.
503 (i)(g) For proposed multifamily developments in an
504 unincorporated area zoned for commercial or industrial use which
505 is within the boundaries of a multicounty independent special
506 district that was created to provide municipal services and is
507 not authorized to levy ad valorem taxes, and less than 20
508 percent of the land area within such district is designated for
509 commercial or industrial use, a county must authorize, as
510 provided in this subsection, such development only if the
511 development is mixed-use residential.
512 (j)(h) A proposed development authorized under this
513 subsection which is located within a transit-oriented
514 development or area, as recognized by the county, must be mixed-
515 use residential and otherwise comply with requirements of the
516 county's regulations applicable to the transit-oriented
517 development or area except for use, height, density, floor area
518 ratio, and parking as provided in this subsection or as
519 otherwise agreed to by the county and the applicant for the
520 development.
521 (k)(i) Except as otherwise provided in this subsection, a
522 development authorized under this subsection must comply with
523 all applicable state and local laws and regulations.
524 (l)(j)1. Nothing in this subsection precludes a county
525 from granting a bonus, variance, conditional use, or other

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526 special exception for height, density, or floor area ratio in
527 addition to the height, density, and floor area ratio
528 requirements in this subsection.
529 2. Nothing in this subsection precludes a proposed
530 development authorized under this subsection from receiving a
531 bonus for density, height, or floor area ratio pursuant to an
532 ordinance or regulation of the jurisdiction where the proposed
533 development is located if the proposed development satisfies the
534 conditions to receive the bonus except for any condition which
535 conflicts with this subsection. If a proposed development
536 qualifies for such bonus, the bonus must be administratively
537 approved by the county and no further action by the board of
538 county commissioners is required.
539 (m) A county shall approve a building permit plan review
540 for a proposed development within 60 business days as authorized
541 under this subsection, and prioritize a building permit plan
542 review for projects authorized under this subsection over other
543 development projects.
544 (n) Notwithstanding s. 57.112(6), the prevailing party in
545 a challenge under this subsection is entitled to recover
546 attorney fees and costs, including reasonable appellate attorney
547 fees and costs.
548 (o)(k) This subsection does not apply to:
549 1. Airport-impacted areas as provided in s. 333.03.
550 2. Property defined as recreational and commercial working

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551 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
552 (p) After July 1, 2023, if a county adopts an ordinance or
553 resolution, or makes any other decision, and such ordinance,
554 resolution, or decision has the effect, either directly or
555 indirectly, of:
556 1. Limiting the height, floor area ratio, maximum lot
557 size, or density of a project under this section;
558 2. Unreasonably delaying the development or construction
559 of a project under this section, including, but not limited to,
560 imposing a moratorium; or
561 3. Restricting the manner in which affordable units are
562 developed,
563
564 then such ordinance, resolution, or decision shall be deemed
565 preempted. If a property owner files a site plan application
566 under this section with a county, the administrative review
567 process must be based only on the land development regulations
568 in effect as of the date of filing the application.
569 (q) The regulation of affordable housing under this
570 subsection is expressly preempted to the state. This subsection
571 supersedes any local government ordinances, resolutions, or any
572 other local regulations, including local moratoriums, on matters
573 covered under this subsection.
574 (r) If an action is filed against a local government to
575 challenge the adoption or enforcement of a local ordinance,

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576 resolution, or other local regulation on the grounds that it is
577 expressly preempted by general law under this subsection, the
578 court shall expedite the proceeding and render a decision within
579 30 days after service of process. Notice of appeal shall be
580 filed and served within 30 days after the rendition of the
581 judgment appealed from. The Supreme Court shall adopt rules by
582 October 1, 2025, to ensure the proceedings are handled
583 expeditiously and in a manner consistent with this subsection.
584 (s)(l) This subsection expires October 1, 2033.
585 (8) Any development authorized under paragraph (7)(b)
586 (7)(a) must be treated as a conforming use even after the
587 expiration of subsection (7) and the development's affordability
588 period as provided in paragraph (7)(b) (7)(a), notwithstanding
589 the county's comprehensive plan, future land use designation, or
590 zoning. If at any point during the development's affordability
591 period the development violates the affordability period
592 requirement provided in paragraph (7)(b) (7)(a), the development
593 must be allowed a reasonable time to cure such violation. If the
594 violation is not cured within a reasonable time, the development
595 must be treated as a nonconforming use.
596 (9) A county's review or approval of an application for a
597 development permit or development order may not be conditioned
598 on the:
599 (a) Waiver, forbearance, acquisition, transfer, or
600 abandonment of any development right authorized by this section;

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601 or
602 (b) Procurement or transfer of density units or
603 development units.
604
605 Any such waiver, forbearance, acquisition, transfer,
606 procurement, or abandonment is void. This subsection does not
607 apply to an area of critical state concern as defined in s.
608 380.05.
609 (10)(a) Beginning June 30, 2026, each county must provide
610 an annual report to the state land planning agency that
611 includes:
612 1. All litigation initiated under subsection (9), the
613 status of the case, and, if applicable, the final disposition.
614 2. All actions the county has taken on any proposed
615 project under this section, including, at minimum, the project
616 size, density, and intensity, and the number of units and the
617 number of affordable units for such proposed project.
618 3. For any proposed development that is denied or not
619 accepted, all actions the county has taken on such proposed
620 development and an explanation for why such actions were taken.
621 (b) The state land planning agency shall provide an annual
622 report to the Governor, the President of the Senate, and the
623 Speaker of the House of Representatives regarding county
624 compliance with this section.
625 (11)(a) A county may not impose a building moratorium that

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626 has the effect of delaying the permitting of construction of a
627 multifamily project that would otherwise qualify for:
628 1. An affordable housing ad valorem tax exemption under s.
629 196.1978 or s. 196.1979.
630 2. Any grant loan or other incentive provided for the
631 development of affordable housing under chapter 420.
632 3. Any abatement of development restrictions under
633 subsection (7).
634 (b) This subsection does not apply to moratoria imposed to
635 address stormwater or flood water management, to address the
636 supply of potable water, or due to the necessary repair of
637 sanitary sewer systems, if such moratoria apply equally to all
638 types of multifamily or mixed-use residential development.
639 (12) If the owner of an administratively approved proposed
640 development has acted in reliance on that approval, the owner
641 has a vested right to proceed with development under the
642 relevant laws, regulations, and ordinances at the time such
643 rights vested, if the property continues to comply with the
644 requirements of this section.
645 Section 2. Subsection (11) of section 163.31801, Florida
646 Statutes, is amended to read:
647 163.31801 Impact fees; short title; intent; minimum
648 requirements; audits; challenges.—
649 (11)(a) A county, municipality, or special district may
650 provide an exception or waiver for an impact fee for the

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651 development or construction of housing that is affordable, as
652 defined in s. 420.9071. If a county, municipality, or special
653 district provides such an exception or waiver, it is not
654 required to use any revenues to offset the impact.
655 (b) Qualified developments authorized pursuant to s.
656 125.01055 or s. 166.04151 shall receive an exception or waiver
657 for 20 percent of the impact fees for the development of, or
658 construction of the portion of the development that is,
659 affordable housing.
660 Section 3. Subsection (2) of section 166.041, Florida
661 Statutes, is amended to read:
662 166.041 Procedures for adoption of ordinances and
663 resolutions.—
664 (2)(a) Each ordinance or resolution shall be introduced in
665 writing and shall embrace but one subject and matters properly
666 connected therewith. The subject shall be clearly stated in the
667 title. No ordinance shall be revised or amended by reference to
668 its title only. Ordinances to revise or amend shall set out in
669 full the revised or amended act or section or subsection or
670 paragraph of a section or subsection.
671 (b) Any ordinance the subject of which designates property
672 as a historic landmark shall require a printed or digital map of
673 such property to be readily available. A municipality shall
674 submit such map to the State Historic Preservation Officer no
675 later than June 1, 2027.

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676 (c) Any resolution the subject of which designates the
677 character of privately owned property as a historic landmark
678 without the consent of the property owner shall require a
679 finding by the governing body, based on substantial competent
680 evidence, that the historic significance of the subject property
681 is commensurate, to an equal or greater degree, with property
682 that is already designated as a historic landmark within the
683 municipality.
684 Section 4. Subsections (1), (6), (7), and (8) of section
685 166.04151, Florida Statutes, are amended, and subsections (9)
686 through (12) are added to that section, to read:
687 166.04151 Affordable housing.—
688 (1) Notwithstanding any other provision of law, a
689 municipality may adopt and maintain in effect any law,
690 ordinance, rule, or other measure that is adopted for the
691 purpose of increasing the supply of affordable housing using
692 land use mechanisms such as inclusionary housing or linkage fee
693 ordinances. A municipality may not adopt or enforce any law,
694 ordinance, rule, or other measure that limits or prohibits
695 affordable housing, including, but not limited to, any measure
696 that is adopted for the purpose of limiting the maximum
697 percentage of affordable housing units within a project within a
698 certain geographic area or within a certain distance from
699 another affordable housing project, or that otherwise prohibits
700 affordable housing in areas zoned for such use.

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701 (6) Notwithstanding any other law or local ordinance or
702 regulation to the contrary, the governing body of a municipality
703 may approve the development of housing that is affordable, as
704 defined in s. 420.0004, including, but not limited to, a mixed-
705 use residential development, on any parcel zoned for commercial
706 or industrial use, or on any parcel, including any contiguous
707 parcel connected thereto, that is owned by a religious
708 institution, as defined in s. 170.201(2), that contains a house
709 of public worship, regardless of the underlying zoning, so long
710 as at least 10 percent of the units included in the project are
711 for housing that is affordable. The provisions of this
712 subsection are self-executing and do not require the governing
713 body to adopt an ordinance or a regulation before using the
714 approval process in this subsection.
715 (7)(a) As used in this subsection, regardless of
716 terminology used in a municipality's land development
717 regulations, the term:
718 1. "Allowable density" means the density prescribed for
719 the property without additional requirements to procure and
720 transfer density units or development units from other
721 properties.
722 2. "Allowable use" means the intended uses identified in a
723 municipality's land development regulations which are authorized
724 within a zoning category as a use by right, without the
725 requirement to obtain a variance or waiver. The term does not

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726 include uses that are accessory, ancillary, or incidental to the
727 allowable uses or allowed only on a temporary basis.
728 3. "Commercial use" means activities associated with the
729 sale, rental, or distribution of products or the sale or
730 performance of services. The term includes, but is not limited
731 to, retail, office, entertainment, hotels, and other for-profit
732 business activities. The term does not include vacation rentals
733 as classified in s. 509.242(1)(c); home-based businesses or
734 cottage food operations performed on residential property; or
735 uses that are accessory, ancillary, or incidental to the
736 allowable uses or allowed only on a temporary basis.
737 4. "Industrial use" means activities associated with the
738 manufacture, assembly, processing, or storage of products or the
739 performance of related services.
740 5. "Mixed use" means areas that include both residential
741 and nonresidential uses, notwithstanding any local land
742 development regulation categorization or title, regardless of
743 whether the residential or nonresidential uses are permitted as
744 principal use, conditional use, ancillary use, special use,
745 unusual use, accessory use, planned unit development, or planned
746 development. Nonresidential use includes, but is not limited to,
747 retail, office, hotel, lodging, civic, institutional, parking,
748 utilities, or other commercial uses.
749 6. "Planned unit development" has the same meaning as in
750 s. 163.3202(5)(b).

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751 (b)1.(a) Notwithstanding any other law, local ordinance,
752 or regulation to the contrary, including any local moratorium
753 established after March 29, 2023, a municipality must authorize
754 multifamily and mixed-use residential as allowable uses on any
755 parcel owned and authorized by the municipality, a district
756 school board, or a religious institution as defined in s.
757 170.201(2), and in any area zoned for commercial, industrial, or
758 mixed use; or on any parcel within a planned unit development
759 permitted for commercial, industrial, or mixed use, if at least
760 40 percent of the residential units in a proposed multifamily or
761 mixed-use residential development are rental units that, for a
762 period of at least 30 years, are affordable as defined in s.
763 420.0004. A municipality may authorize the inclusion of an
764 adjacent parcel of land as part of the multifamily development,
765 regardless of the land use designation of the adjacent parcel,
766 if the residential units to be built on the adjacent parcel
767 comply with the requirements of this subsection. This
768 subparagraph does not apply to moratoria imposed to address
769 stormwater or flood water management, to address the supply of
770 potable water, or due to the necessary repair of sanitary sewer
771 systems, if such moratoria apply equally to all types of
772 multifamily or mixed-use residential development.
773 2. Notwithstanding any other law, local ordinance, or
774 regulation to the contrary, a municipality may not require a
775 proposed multifamily or mixed-use residential development to

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776 obtain an amendment to a development of regional impact,
777 amendment to a development agreement, or amendment to a
778 restrictive covenant or a zoning or land use change, special
779 exception, conditional use approval, variance, or comprehensive
780 plan amendment, or any other approval for the building height,
781 zoning, and densities authorized under this subsection.
782 3. For mixed-use residential projects, at least 65 percent
783 of the total square footage must be used for residential
784 purposes. A municipality may not require more than 10 percent of
785 the total square footage to be used for nonresidential purposes.
786 4. Affordable or workforce units that qualify for
787 incentives under local regulations as contemplated by subsection
788 (4) may also qualify as affordable under this subsection if the
789 units satisfy the requirements of s. 420.0004 and the local
790 regulations.
791 (c)(b) A municipality may not directly restrict or take
792 action that has the effect of restricting the density of a
793 proposed multifamily or mixed-use residential development
794 authorized under this subsection below the highest currently
795 allowed density allowed on or after July 1, 2023, on any land in
796 the municipality where residential development is allowed under
797 the municipality's land development regulations. For purposes of
798 this paragraph, the term "highest currently allowed density"
799 does not include the density of any building that met the
800 requirements of this subsection or the density of any building

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801 that has received any bonus, variance, or other special
802 exception for density provided in the municipality's land
803 development regulations as an incentive for development. For
804 purposes of this paragraph, to "directly restrict" or to "take
805 action that has the effect of restricting" density includes
806 requirements to procure or transfer density units or development
807 units from other properties.
808 (d) A municipality may not directly restrict or take
809 action that has the effect of restricting the maximum lot size
810 of a proposed multifamily or mixed-use residential development
811 authorized under this paragraph below the largest maximum lot
812 size allowed on or after July 1, 2023, on any land in the
813 municipality where multifamily or mixed-use residential
814 development is allowed pursuant to the municipality's land
815 development regulations. A municipality may not restrict the
816 maximum lot coverage of a proposed multifamily or mixed-use
817 residential development authorized under this paragraph below 70
818 percent.
819 (e)(c) A municipality may not directly restrict or take
820 action that has the effect of restricting the floor area ratio
821 of a proposed multifamily or mixed-use residential development
822 authorized under this subsection below 150 percent of the
823 highest currently allowed floor area ratio allowed on or after
824 May 16, 2024, on any land in the municipality where development
825 is allowed under the municipality's land development

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826 regulations. For purposes of this paragraph, the term "highest
827 currently allowed floor area ratio" does not include the floor
828 area ratio of any building that met the requirements of this
829 subsection or the floor area ratio of any building that has
830 received any bonus, variance, or other special exception for
831 floor area ratio provided in the municipality's land development
832 regulations as an incentive for development. For purposes of
833 this subsection, the term "floor area ratio" includes floor lot
834 ratio.
835 (f)(d)1. A municipality may not directly restrict or take
836 action that has the effect of restricting the height of a
837 proposed multifamily or mixed-use residential development
838 authorized under this subsection below the highest currently
839 allowed height allowed on or after July 1, 2023, for a
840 commercial or residential building located in its jurisdiction
841 within 1 mile of the proposed development or 3 stories,
842 whichever is higher. For purposes of this paragraph, the term
843 "highest currently allowed height" does not include the height
844 of any building that met the requirements of this subsection or
845 the height of any building that has received any bonus,
846 variance, or other special exception for height provided in the
847 municipality's land development regulations as an incentive for
848 development.
849 2. If the proposed multifamily or mixed-use residential
850 development is adjacent to, on two or more sides, a parcel zoned

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851 for single-family residential use that is within a single-family
852 residential development with at least 25 contiguous single-
853 family homes, the municipality may restrict the height of the
854 proposed development to 150 percent of the tallest building on
855 any property adjacent to the proposed development, the highest
856 currently allowed height allowed on or after July 1, 2023, for
857 the property provided in the municipality's land development
858 regulations, or 3 stories, whichever is higher. For the purposes
859 of this paragraph, the term "adjacent to" means those properties
860 sharing more than one point of a property line, but does not
861 include properties separated by a public road.
862 (g)1.(e) A proposed multifamily or mixed-use residential
863 development authorized under this subsection must be
864 administratively approved and no further action or approval by
865 the governing body of the municipality or any quasi-judicial
866 board of the reviewing body is not authorized required if the
867 development satisfies the municipality's land development
868 regulations for multifamily or mixed-use residential
869 developments as of July 1, 2023, in areas zoned for such use,
870 density, intensity, and height, and is otherwise consistent with
871 the comprehensive plan, with the exception of provisions
872 establishing allowable densities, floor area ratios, height, and
873 land use, including mixed-use and minimum nonresidential or
874 commercial floor area requirements. The removal or demolition of
875 an existing structure to be performed as part of the proposed

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876 development must also be administratively approved. A proposed
877 development authorized under this subsection must be treated as
878 a conforming use, notwithstanding the municipality's
879 comprehensive plan, future land use designation, or zoning. Such
880 land development regulations include, but are not limited to,
881 regulations relating to setbacks and parking requirements.
882 2. A municipality may not initiate or enforce zoning-in-
883 progress or a building moratorium on a proposed development that
884 is subject to this subsection and for which the municipality has
885 approved the development's preliminary site plan. This
886 subparagraph does not apply to moratoria imposed to address
887 stormwater or flood water management, to address the supply of
888 potable water, or due to the necessary repair of sanitary sewer
889 systems, if such moratoria apply equally to all types of
890 multifamily or mixed-use residential development.
891 3. A proposed development located within one-quarter mile
892 of a military installation identified in s. 163.3175(2) may not
893 be administratively approved.
894 4. Each municipality shall maintain on its website a
895 policy containing the zoning map and zoning regulations as
896 outlined in this section and the procedures and expectations for
897 administrative approval pursuant to this subsection.
898 (h)(f)1. A municipality must consider reducing parking
899 requirements by at least 20 percent for a proposed development
900 authorized under this subsection, or by 100 percent for

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901 structures that are 20,000 square feet or less if the
902 development is located within one-quarter mile of a transit
903 stop, as defined in the municipality's land development code,
904 and the transit stop is accessible from the development.
905 2. A municipality must reduce parking requirements by at
906 least 20 percent for a proposed development authorized under
907 this subsection if the development:
908 a. Is located within one-half mile of a major
909 transportation hub that is accessible from the proposed
910 development by safe, pedestrian-friendly means, such as
911 sidewalks, crosswalks, elevated pedestrian or bike paths, or
912 other multimodal design features.
913 b. Has available parking within 600 feet of the proposed
914 development which may consist of options such as on-street
915 parking, parking lots, or parking garages available for use by
916 residents of the proposed development. However, a municipality
917 may not require that the available parking compensate for the
918 reduction in parking requirements.
919 3. A municipality must eliminate parking requirements for
920 a proposed mixed-use residential development authorized under
921 this subsection within an area recognized by the municipality as
922 a transit-oriented development or area, as provided in paragraph
923 (h).
924 4. For purposes of this paragraph, the term "major
925 transportation hub" means any transit station, whether bus,

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926 train, or light rail, which is served by public transit with a
927 mix of other transportation options.
928 (i)(g) A municipality that designates less than 20 percent
929 of the land area within its jurisdiction for commercial or
930 industrial use must authorize a proposed multifamily development
931 as provided in this subsection in areas zoned for commercial or
932 industrial use only if the proposed multifamily development is
933 mixed-use residential.
934 (j)(h) A proposed development authorized under this
935 subsection which is located within a transit-oriented
936 development or area, as recognized by the municipality, must be
937 mixed-use residential and otherwise comply with requirements of
938 the municipality's regulations applicable to the transit-
939 oriented development or area except for use, height, density,
940 floor area ratio, and parking as provided in this subsection or
941 as otherwise agreed to by the municipality and the applicant for
942 the development.
943 (k)(i) Except as otherwise provided in this subsection, a
944 development authorized under this subsection must comply with
945 all applicable state and local laws and regulations.
946 (l)(j)1. Nothing in this subsection precludes a
947 municipality from granting a bonus, variance, conditional use,
948 or other special exception to height, density, or floor area
949 ratio in addition to the height, density, and floor area ratio
950 requirements in this subsection.

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951 2. Nothing in this subsection precludes a proposed
952 development authorized under this subsection from receiving a
953 bonus for density, height, or floor area ratio pursuant to an
954 ordinance or regulation of the jurisdiction where the proposed
955 development is located if the proposed development satisfies the
956 conditions to receive the bonus except for any condition which
957 conflicts with this subsection. If a proposed development
958 qualifies for such bonus, the bonus must be administratively
959 approved by the municipality and no further action by the
960 governing body of the municipality is required.
961 (m) A municipality shall approve building permit plan
962 review for a proposed development within 60 business days as
963 authorized under this subsection, and prioritize building permit
964 plan review for projects authorized under this subsection over
965 other development projects.
966 (n) Notwithstanding s. 57.112(6), the prevailing party in
967 a challenge under this subsection is entitled to recover
968 attorney fees and costs, including reasonable appellate attorney
969 fees and costs.
970 (o)(k) This subsection does not apply to:
971 1. Airport-impacted areas as provided in s. 333.03.
972 2. Property defined as recreational and commercial working
973 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
974 (p) After July 1, 2023, if a municipality adopts an
975 ordinance or resolution, or makes any other decision, and such

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976 ordinance, resolution, or decision has the effect, either
977 directly or indirectly, of:
978 1. Limiting the height, floor area ratio, maximum lot
979 size, or density of a project under this section;
980 2. Unreasonably delaying the development or construction
981 of a project under this section, including, but not limited to,
982 imposing a moratorium; or
983 3. Restricting the manner in which affordable units are
984 developed,
985
986 then such ordinance, resolution, or decision shall be deemed
987 preempted. If a property owner files a site plan application
988 under this section with a municipality, the administrative
989 review process must be based only on the land development
990 regulations in effect as of the date of filing the application.
991 (q) The regulation of affordable housing under this
992 subsection is expressly preempted to the state. This subsection
993 supersedes any local government ordinances, resolutions, or any
994 other local regulations, including local moratoriums, on matters
995 covered under this subsection.
996 (r) If an action is filed against a local government to
997 challenge the adoption or enforcement of a local ordinance,
998 resolution, or other local regulation on the grounds that it is
999 expressly preempted by general law under this subsection, the
1000 court shall expedite the proceeding and render a decision within

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1001 30 days after service of process. Notice of appeal shall be
1002 filed and served within 30 days from the rendition of the
1003 judgment appealed from. The Supreme Court shall adopt rules by
1004 October 1, 2025, to ensure the proceedings are handled
1005 expeditiously and in a manner consistent with this subsection.
1006 (s)(l) This subsection expires October 1, 2033.
1007 (8) Any development authorized under paragraph (7)(b)
1008 (7)(a) must be treated as a conforming use even after the
1009 expiration of subsection (7) and the development's affordability
1010 period as provided in paragraph (7)(b) (7)(a), notwithstanding
1011 the municipality's comprehensive plan, future land use
1012 designation, or zoning. If at any point during the development's
1013 affordability period the development violates the affordability
1014 period requirement provided in paragraph (7)(b) (7)(a), the
1015 development must be allowed a reasonable time to cure such
1016 violation. If the violation is not cured within a reasonable
1017 time, the development must be treated as a nonconforming use.
1018 (9) A municipality's review or approval of an application
1019 for a development permit or development order may not be
1020 conditioned on the:
1021 (a) Waiver, forbearance, acquisition, transfer, or
1022 abandonment of any development right authorized by this section;
1023 or
1024 (b) Procurement or transfer of density units or
1025 development units.

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1026
1027 Any such waiver, forbearance, acquisition, transfer,
1028 procurement, or abandonment is void. This subsection does not
1029 apply to an area of critical state concern as defined in s.
1030 380.05.
1031 (10)(a) Beginning June 30, 2026, each municipality must
1032 provide an annual report to the state land planning agency that
1033 includes:
1034 1. All litigation initiated under subsection (9), the
1035 status of the case, and, if applicable, the final disposition.
1036 2. All actions the municipality has taken on any proposed
1037 project under this section, including, at minimum, the project
1038 size, density, and intensity, and the number of units and the
1039 number of affordable units for such proposed project.
1040 3. For any proposed development that is denied or not
1041 accepted, all actions the municipality has taken relating to
1042 such proposed development and an explanation for why such
1043 actions were taken.
1044 (b) The state land planning agency shall provide an annual
1045 report to the Governor, the President of the Senate, and the
1046 Speaker of the House of Representatives regarding municipal
1047 compliance with this section.
1048 (11)(a) A municipality may not impose a building
1049 moratorium that has the effect of delaying the permitting of
1050 construction of a multifamily project that would otherwise

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1051 qualify for:
1052 1. An affordable housing ad valorem tax exemption under s.
1053 196.1978 or s. 196.1979.
1054 2. Any grant loan or other incentive provided for the
1055 development of affordable housing under chapter 420.
1056 3. Any abatement of development restrictions under
1057 subsection (7).
1058 (b) This subsection does not apply to moratoria imposed to
1059 address stormwater or flood water management, to address the
1060 supply of potable water, or due to the necessary repair of
1061 sanitary sewer systems, if such moratoria apply equally to all
1062 types of multifamily or mixed-use residential development.
1063 (12) If the owner of an administratively approved proposed
1064 development has acted in reliance on that approval, the owner
1065 has a vested right to proceed with development under the
1066 relevant laws, regulations, and ordinances at the time such
1067 rights vested, if the property continues to comply with the
1068 requirements of this section.
1069 Section 5. Section 163.31771, Florida Statutes, is amended
1070 to read:
1071 163.31771 Accessory dwelling units.—
1072 (1) The Legislature finds that the median price of homes
1073 in this state has increased steadily over the last decade and at
1074 a greater rate of increase than the median income in many urban
1075 areas. The Legislature finds that the cost of rental housing has

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1076 also increased steadily and the cost often exceeds an amount
1077 that is affordable to extremely-low-income, very-low-income,
1078 low-income, or moderate-income persons and has resulted in a
1079 critical shortage of affordable rentals in many urban areas in
1080 the state. This shortage of affordable rentals constitutes a
1081 threat to the health, safety, and welfare of the residents of
1082 the state. Therefore, the Legislature finds that it serves an
1083 important public purpose to encourage the permitting of
1084 accessory dwelling units in single-family residential areas in
1085 order to increase the availability of affordable rentals for
1086 extremely-low-income, very-low-income, low-income, or moderate-
1087 income persons.
1088 (2) As used in this section, the term:
1089 (a) "Accessory dwelling unit" means an ancillary or
1090 secondary living unit, that has a separate kitchen, bathroom,
1091 and sleeping area, existing either within the same structure, or
1092 on the same lot, as the primary dwelling unit. The term includes
1093 a manufactured home constructed on or after January 1, 2025,
1094 which meets the National Manufactured Housing Construction and
1095 Safety Standards.
1096 (b) "Affordable rental" means that monthly rent and
1097 utilities do not exceed 30 percent of that amount which
1098 represents the percentage of the median adjusted gross annual
1099 income for extremely-low-income, very-low-income, low-income, or
1100 moderate-income persons.

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1101 (c) "Department" means the Department of Commerce.
1102 (d)(g) "Extremely-low-income persons" has the same meaning
1103 as in s. 420.0004(9).
1104 (e)(c) "Local government" means a county or municipality.
1105 (f)(d) "Low-income persons" has the same meaning as in s.
1106 420.0004(11).
1107 (g)(e) "Moderate-income persons" has the same meaning as
1108 in s. 420.0004(12).
1109 (h)(f) "Very-low-income persons" has the same meaning as
1110 in s. 420.0004(17).
1111 (3) A local government shall may adopt an ordinance to
1112 allow accessory dwelling units in any area zoned for single-
1113 family residential use. A local government may not directly,
1114 unreasonably increase, or in effect unreasonably increase, the
1115 cost to construct, in effect prohibit the construction of, or
1116 extinguish the ability to otherwise construct an accessory
1117 dwelling unit. Such regulation does not include:
1118 (a) Restrictions on the terms of rentals that do not apply
1119 generally to other housing in the same district or zone.
1120 (b) Parking requirements and minimum lot size requirements
1121 that do not apply general to other housing in the same district
1122 or zone, other lot design regulations that unreasonably increase
1123 the cost to construct or unreasonably extinguish the ability to
1124 construct an accessory dwelling unit on a lot.
1125 (c) Discretionary conditional use permit procedures or

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1126 standards that do not apply generally to other housing in the
1127 same district or zone.
1128 (4) An application for a building permit to construct an
1129 accessory dwelling unit must include an affidavit from the
1130 applicant which attests that the unit will be rented at an
1131 affordable rate to an extremely-low-income, very-low-income,
1132 low-income, or moderate-income person or persons.
1133 (4)(5) Each accessory dwelling unit allowed by an
1134 ordinance adopted under this section applies shall apply toward
1135 satisfying the affordable housing component of the housing
1136 element in the local government's comprehensive plan under s.
1137 163.3177(6)(f).
1138 (5) An accessory dwelling unit may not be leased for a
1139 term of less than 1 month.
1140 (6)(a) Beginning October 1, 2025, and by October 1 every
1141 year thereafter, the local government shall submit an annual
1142 report to the department, in a form and manner prescribed by the
1143 department, and post publicly on its website, the following
1144 information for the previous fiscal year:
1145 1. The number of applications to construct new accessory
1146 dwelling units, the number of new accessory dwelling units that
1147 have been approved, and the number of new accessory dwelling
1148 units that have been denied, and the reason for denial.
1149 2. The number of allowable accessory dwelling units
1150 located in the jurisdiction, the number of accessory dwelling

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1151 units, attached or unattached, which are not allowed by an
1152 ordinance, and the number of single-family homes in a zoning
1153 district in which accessory dwelling units are allowed by an
1154 ordinance.
1155 (b) The department may adopt rules to administer and
1156 enforce this subsection.
1157 (7)(a) The owner of property with an accessory dwelling
1158 unit may not be denied a homestead exemption or homestead
1159 property assessment limitation solely on the basis of the
1160 property containing an accessory dwelling unit which may be
1161 rented.
1162 (b) If the accessory dwelling unit is rented by the
1163 property owner:
1164 1. The assessment of the accessory dwelling unit must be
1165 separated from the homestead property.
1166 2. It may not be construed as an abandonment of the
1167 dwelling previously claimed to be a homestead under s. 196.061,
1168 provided such dwelling is physically occupied by the owner.
1169 (c) If the accessory dwelling unit is not rented by the
1170 property owner, the assessment of the accessory dwelling unit
1171 must be considered part of the homestead property.
1172 Section 6. Paragraphs (n) and (o) of subsection (3) of
1173 section 196.1978, Florida Statutes, are redesignated as
1174 paragraphs (o) and (p), respectively, and a new paragraph (n) is
1175 added to that subsection, to read:

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1176 196.1978 Affordable housing property exemption.—
1177 (3)
1178 (n) Upon the request of a property owner, the property
1179 appraiser must issue a letter to verify that a multifamily
1180 project, if constructed and leased as described in the site
1181 plan, qualifies for the exemption under this section. Within 30
1182 days after receipt of such request, the property appraiser must
1183 issue a verification letter or explain why the project is
1184 ineligible for the exemption. A project that has received a
1185 verification letter before the adoption of the ordinance
1186 described in paragraph (p) is exempt from such ordinance. The
1187 verification letter is prima facie evidence that the project is
1188 eligible for the exemption if the project is constructed and
1189 leased as described in the site plan used to receive the
1190 verification letter. This letter shall qualify the project, if
1191 constructed and leased as described in the site plan, to obtain
1192 the exemption beginning with the January 1 assessment
1193 immediately after the date on which the property obtains a
1194 certificate of occupancy and is placed in service allowing the
1195 property to be used as an affordable housing property.
1196 Section 7. Paragraphs (a) and (b) of subsection (1) of
1197 section 196.1979, Florida Statutes, are amended to read:
1198 196.1979 County and municipal affordable housing property
1199 exemption.—
1200 (1)(a) Notwithstanding ss. 196.195 and 196.196, the board

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1201 of county commissioners of a county or the governing body of a
1202 municipality may adopt an ordinance to exempt those portions of
1203 property used to provide affordable housing meeting the
1204 requirements of this section. Such property is considered
1205 property used for a charitable purpose. To be eligible for the
1206 exemption, the portions of property:
1207 1. Must be used to house natural persons or families whose
1208 annual household income:
1209 a. Is greater than 30 percent but not more than 60 percent
1210 of the median annual adjusted gross income for households within
1211 the metropolitan statistical area or, if not within a
1212 metropolitan statistical area, within the county where in which
1213 the person or family resides; or
1214 b. Does not exceed 30 percent of the median annual
1215 adjusted gross income for households within the metropolitan
1216 statistical area or, if not within a metropolitan statistical
1217 area, within the county where in which the person or family
1218 resides.;
1219 2.a. Must be within a multifamily project containing at
1220 least the minimum number of residential units as defined by the
1221 county or municipality that adopts an ordinance under this
1222 section; a county or municipality that adopts an ordinance under
1223 this section may set a minimum residential unit threshold that
1224 deems a property eligible for the exemption for properties that
1225 exceed 15,000 square feet, at a minimum of 5 units not to exceed

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1226 a minimum of 50 residential units 50 or more residential units,
1227 at least 20 percent of which are used to provide affordable
1228 housing that meets the requirements of this section; or
1229 b. Must be an accessory dwelling unit as defined in s.
1230 163.31771(2).
1231 3. Must be rented for an amount no greater than the amount
1232 as specified by the most recent multifamily rental programs
1233 income and rent limit chart posted by the corporation and
1234 derived from the Multifamily Tax Subsidy Projects Income Limits
1235 published by the United States Department of Housing and Urban
1236 Development or 90 percent of the fair market value rent as
1237 determined by a rental market study meeting the requirements of
1238 subsection (4), whichever is less.;
1239 4. May not have been cited for code violations on three or
1240 more occasions in the 24 months before the submission of a tax
1241 exemption application.;
1242 5. May not have any cited code violations that have not
1243 been properly remedied by the property owner before the
1244 submission of a tax exemption application.; and
1245 6. May not have any unpaid fines or charges relating to
1246 the cited code violations. Payment of unpaid fines or charges
1247 before a final determination on a property's qualification for
1248 an exemption under this section will not exclude such property
1249 from eligibility if the property otherwise complies with all
1250 other requirements for the exemption.

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1251 (b) Qualified property may receive an ad valorem property
1252 tax exemption of:
1253 1. Up to 75 percent of the assessed value of each
1254 residential unit used to provide affordable housing if fewer
1255 than 100 percent of the multifamily project's residential units
1256 are used to provide affordable housing meeting the requirements
1257 of this section.
1258 2. Up to 100 percent of the assessed value of each
1259 residential unit used to provide affordable housing if 100
1260 percent of the multifamily project's residential units are used
1261 to provide affordable housing meeting the requirements of this
1262 section.
1263 3. Up to 100 percent of the assessed value of the
1264 accessory dwelling unit if the unit is used to provide
1265 affordable housing meeting the requirements of this section.
1266 Section 8. Subsection (5) of section 333.03, Florida
1267 Statutes, is amended to read:
1268 333.03 Requirement to adopt airport zoning regulations.—
1269 (5) Sections 125.01055(7) and 166.04151(7) do not apply to
1270 any of the following:
1271 (a) A proposed development near a runway within one-
1272 quarter of a mile laterally from the runway edge and within an
1273 area that is the width of one-quarter of a mile extending at
1274 right angles from the end of the runway for a distance of 10,000
1275 feet of any runway for an existing commercial service airport

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1276 runway or planned commercial service airport runway identified
1277 in the local government's airport master plan. As used in this
1278 paragraph, the term "commercial service airport" has the same
1279 meaning as in s. 332.0075(1).
1280 (b) A proposed development within any airport noise zone
1281 identified in the federal land use compatibility table or in a
1282 land-use zoning or airport noise regulation adopted by the local
1283 government for a commercial service airport.
1284 (c) A proposed development that exceeds maximum height
1285 restrictions identified in the political subdivision's airport
1286 zoning regulation for a commercial service airport adopted
1287 pursuant to this section.
1288 Section 9. Paragraph (d) of subsection (1) of section
1289 420.50871, Florida Statutes, is amended to read:
1290 420.50871 Allocation of increased revenues derived from
1291 amendments to s. 201.15 made by ch. 2023-17.—Funds that result
1292 from increased revenues to the State Housing Trust Fund derived
1293 from amendments made to s. 201.15 made by chapter 2023-17, Laws
1294 of Florida, must be used annually for projects under the State
1295 Apartment Incentive Loan Program under s. 420.5087 as set forth
1296 in this section, notwithstanding ss. 420.507(48) and (50) and
1297 420.5087(1) and (3). The Legislature intends for these funds to
1298 provide for innovative projects that provide affordable and
1299 attainable housing for persons and families working, going to
1300 school, or living in this state. Projects approved under this

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1301 section are intended to provide housing that is affordable as
1302 defined in s. 420.0004, notwithstanding the income limitations
1303 in s. 420.5087(2). Beginning in the 2023-2024 fiscal year and
1304 annually for 10 years thereafter:
1305 (1) The corporation shall allocate 70 percent of the funds
1306 provided by this section to issue competitive requests for
1307 application for the affordable housing project purposes
1308 specified in this subsection. The corporation shall finance
1309 projects that:
1310 (d) Provide housing near military installations and United
1311 States Department of Veterans Affairs medical centers or
1312 outpatient clinics in this state, with preference given to
1313 projects that incorporate critical services for servicemembers,
1314 their families, and veterans, such as mental health treatment
1315 services, employment services, and assistance with transition
1316 from active-duty service to civilian life.
1317 Section 10. Section 420.5098, Florida Statutes, is created
1318 to read:
1319 420.5098 Public sector and hospital employer-sponsored
1320 housing policy.—
1321 (1) The Legislature finds that it is in the best interest
1322 of this state and this state's economy to provide affordable
1323 housing to residents who are employed by a hospital, a health
1324 care facility, or a governmental entity to attract and maintain
1325 the highest quality labor by incentivizing such employers to

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1326 sponsor affordable housing opportunities. Section 42(g)(9)(B) of
1327 the Internal Revenue Code provides that a qualified low-income
1328 housing project does not fail to meet the general public use
1329 requirement solely because of occupancy restrictions or
1330 preferences that favor tenants who are members of a specified
1331 group under a state program or policy that supports housing for
1332 such specified group. Therefore, it is the intent of the
1333 Legislature to establish a policy that supports the development
1334 of affordable workforce housing for residents who are employed
1335 by a hospital, a health care facility, or a governmental entity.
1336 (2) For purposes of this section, the term:
1337 (a) "Governmental entity" means a state agency, a regional
1338 agency, a county agency, a local agency, a municipal agency, or
1339 any other entity, however styled, that independently exercises
1340 any type of state or local government function, whether
1341 executive, judicial, or legislative; any public school, state
1342 university, or Florida College System institution; or any
1343 special district as defined in s. 189.012.
1344 (b) "Health care facility" has the same meaning as in s.
1345 159.27(16).
1346 (c) "Hospital" means a hospital under chapter 155, a
1347 hospital district created pursuant to chapter 189, or a hospital
1348 licensed pursuant to chapter 395, including corporations not for
1349 profit that qualify as charitable under s. 501(c)(3) of the
1350 Internal Revenue Code and for-profit entities.

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1351 (3) It is the policy of this state to support affordable
1352 housing for residents who are employed by a hospital, a health
1353 care facility, or a governmental entity and to allow developers
1354 that receive federal low-income housing tax credits allocated
1355 pursuant to s. 420.5099, local or state funds, or any other
1356 source of funding available to finance the development of
1357 affordable housing to create a preference for housing for such
1358 employees. Such preference must conform to the requirements of
1359 s. 42(g)(9) of the Internal Revenue Code.
1360 (4) The Florida Housing Finance Corporation may fund one
1361 housing project per year which will provide affordable housing
1362 in areas of critical housing shortage for essential service and
1363 high-demand career employees through a public-private housing
1364 partnership agreement with public sector, hospital, and health
1365 care facility employers for whom housing shortages are affecting
1366 the recruitment and retention of workers. Public sector,
1367 hospital, and health care facility employers that partner with
1368 developers on such projects shall provide land or other
1369 financial support.
1370 Section 11. Subsection (8) of section 760.22, Florida
1371 Statutes, is amended to read:
1372 760.22 Definitions.—As used in ss. 760.20-760.37, the
1373 term:
1374 (8) "Person" includes one or more individuals,
1375 corporations, partnerships, associations, labor organizations,

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1376 legal representatives, mutual companies, joint-stock companies,
1377 trusts, unincorporated organizations, trustees, trustees in
1378 bankruptcy, receivers, and fiduciaries, and any other legal or
1379 commercial entity; the state; or any governmental entity or
1380 agency.
1381 Section 12. Section 760.26, Florida Statutes, is amended
1382 to read:
1383 760.26 Prohibited discrimination in land use decisions and
1384 in permitting of development.—It is unlawful to discriminate in
1385 land use decisions or in the permitting of development based on
1386 race, color, national origin, sex, disability, familial status,
1387 religion, or, except as otherwise provided by law, the source of
1388 financing of a development or proposed development or based on
1389 the development or proposed development being affordable housing
1390 as defined under s. 420.0004(3).
1391 Section 13. It is the intent of the Legislature that the
1392 amendment to s. 760.26, Florida Statutes, is remedial and
1393 clarifying in nature, and shall apply retroactively for any
1394 causes of action filed on or before the effective date of the
1395 passage of this act.
1396 Section 14. Subsection (4) of section 760.35, Florida
1397 Statutes, is amended to read:
1398 760.35 Civil actions and relief; administrative
1399 procedures.—
1400 (4) If the court finds that a person has committed a

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1401 discriminatory housing practice has occurred, it shall issue an
1402 order prohibiting the practice and providing affirmative relief
1403 from the effects of the practice, including injunctive and other
1404 equitable relief, actual and punitive damages, and reasonable
1405 attorney fees and costs. In accordance with s. 13, Art. X of the
1406 State Constitution, the state, for itself and its agencies or
1407 political subdivisions, waives sovereign immunity for causes of
1408 action based on the application of this section.
1409 Section 15. Subsection (12) of section 1001.43, Florida
1410 Statutes, is amended to read:
1411 1001.43 Supplemental powers and duties of district school
1412 board.—The district school board may exercise the following
1413 supplemental powers and duties as authorized by this code or
1414 State Board of Education rule.
1415 (12) AFFORDABLE HOUSING.—Notwithstanding any other
1416 provision of this section to the contrary, each a district
1417 school board shall:
1418 (a) may Use portions of school sites purchased within the
1419 guidelines of the State Requirements for Educational Facilities,
1420 land deemed not usable for educational purposes because of
1421 location or other factors, or land declared as surplus by the
1422 board to provide sites for affordable housing for teachers and
1423 other district personnel and, in areas of critical state
1424 concern, for other essential services personnel as defined by
1425 local affordable housing eligibility requirements, independently

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1426 or in conjunction with other agencies as described in subsection
1427 (5).
1428 (b) Adopt best practices for surplus land programs,
1429 including, but not limited to:
1430 1. Establishing eligibility criteria for the receipt or
1431 purchase of surplus land by developers.
1432 2. Making the process for requesting surplus lands
1433 publicly available.
1434 3. Ensuring long-term affordability through ground leases
1435 by retaining the right of first refusal to purchase property
1436 that would be sold or offered at market rate and by requiring
1437 reversion of property not used for affordable housing within a
1438 certain timeframe.
1439
1440 Each district school board's most recent and all future
1441 educational plan surveys conducted pursuant to s. 235.15 shall
1442 be updated to include an inventory list of such surplus lands.
1443 Section 16. This act shall take effect July 1, 2025.

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CS/CS HB 943 by Rep. Lopez, V.
Real Property and Land Use and Development

AMENDMENT SUMMARY
April 22, 2025

Amendment 1 by Rep. Lopez, V. (strike-all):
• Removes the prohibition on local governments from adopting or enforcing any law,
ordinance, or other measure that limits or prohibits affordable housing, and certain other
prohibitions on local governments relating to affordable housing developments.
• Amends, removes, and creates certain definitions.
• Requires local governments to maintain on their websites certain policies relating to
administrative approvals.
• Removes the prohibition on local governments imposing certain building moratoriums
that delays the permitting of construction of an affordable housing project.
• Requires the state land planning agency to submit an annual report to the Governor,
President of the Senate, and Speaker of the House of Representatives regarding local
governments’ compliance with certain affordable housing provisions.
• Provides the designation of certain properties as historical districts shall be made by the
adoption of a local preservation ordinance.
• Removes the provisions relating to accessory dwelling units.
• Creates certain requirements and restrictions relating to land development regulations in
the Florida Keys Area.
• Removes the authorization for the Florida Housing Finance Corporation to fund one
housing project per year which provides affordable housing in areas of critical housing
shortage for essential service and high demand career employees.
• Removes the requirement for district school boards to adopt best practices for surplus
land programs.

Amendment 1a by Rep. Porras (Line 234): The amendment makes clarifying, technical
changes.

Amendment 1b by Rep. Porras (Line 578): The amendment provides that certain provisions
apply retroactively to April 1, 2025.

Amendment 1c by Rep. Porras (Line 598): The amendment makes clarifying, technical
changes.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 943 (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. Subsections (6) and (7) of section 125.01055,
7 Florida Statutes, are amended, and new subsections (8), (9), and
8 (10) are added to that section, to read:
9 125.01055 Affordable housing.—
10 (6) Notwithstanding any other law or local ordinance or
11 regulation to the contrary, the board of county commissioners
12 may approve the development of housing that is affordable, as
13 defined in s. 420.0004, including, but not limited to, a mixed-
14 use residential development, on any parcel zoned for commercial
15 or industrial use, or on any parcel, including any contiguous
16 parcel connected thereto, which is owned by a religious
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17 institution, as defined in s. 170.201(2), which contains a house
18 of public worship, regardless of the underlying zoning, so long
19 as at least 10 percent of the units included in the project are
20 for housing that is affordable. The provisions of this
21 subsection are self-executing and do not require the board of
22 county commissioners to adopt an ordinance or a regulation
23 before using the approval process in this subsection.
24 (7)(a) A county must authorize multifamily and mixed-use
25 residential as allowable uses in any area zoned for commercial,
26 industrial, or mixed use, and in portions of any flexibly zoned
27 area such as a planned unit development permitted for
28 commercial, industrial, or mixed use, if at least 40 percent of
29 the residential units in a proposed multifamily development are
30 rental units that, for a period of at least 30 years, are
31 affordable as defined in s. 420.0004. Notwithstanding any other
32 law, local ordinance, or regulation to the contrary, a county
33 may not require a proposed multifamily development to obtain a
34 zoning or land use change, special exception, conditional use
35 approval, variance, transfer of density or development units, or
36 comprehensive plan amendment for the building height, zoning,
37 and densities authorized under this subsection. For mixed-use
38 residential projects, at least 65 percent of the total square
39 footage must be used for residential purposes. A county may not
40 require that more than 10 percent of the total square footage of

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41 such mixed-use residential projects be used for nonresidential
42 purposes.
43 (b) A county may not restrict the density of a proposed
44 development authorized under this subsection below the highest
45 currently allowed density or the highest density allowed on July
46 1, 2023, on any unincorporated land in the county where
47 residential development is allowed under the county's land
48 development regulations. For purposes of this paragraph, the
49 term "highest currently allowed density" does not include the
50 density of any building that met the requirements of this
51 subsection or the density of any building that has received any
52 bonus, variance, or other special exception for density provided
53 in the county's land development regulations as an incentive for
54 development.
55 (c) A county may not restrict the floor area ratio of a
56 proposed development authorized under this subsection below 150
57 percent of the highest currently allowed floor area ratio or the
58 highest floor ratio allowed on July 1, 2023, on any
59 unincorporated land in the county where development is allowed
60 under the county's land development regulations. For purposes of
61 this paragraph, the term "highest currently allowed floor area
62 ratio" does not include the floor area ratio of any building
63 that met the requirements of this subsection or the floor area
64 ratio of any building that has received any bonus, variance, or
65 other special exception for floor area ratio provided in the
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66 county's land development regulations as an incentive for
67 development. For purposes of this subsection, the term "floor
68 area ratio" includes floor lot ratio.
69 (d)1. A county may not restrict the height of a proposed
70 development authorized under this subsection below the highest
71 currently allowed height or the highest height allowed on July
72 1, 2023, for a commercial or residential building located in its
73 jurisdiction within 1 mile of the proposed development or 3
74 stories, whichever is higher. For purposes of this paragraph,
75 the term "highest currently allowed height" does not include the
76 height of any building that met the requirements of this
77 subsection or the height of any building that has received any
78 bonus, variance, or other special exception for height provided
79 in the county's land development regulations as an incentive for
80 development.
81 2. If the proposed development is adjacent to, on two or
82 more sides, a parcel zoned for single-family residential use
83 which is within a single-family residential development with at
84 least 25 contiguous single-family homes, the county may restrict
85 the height of the proposed development to 150 percent of the
86 tallest building on any property adjacent to the proposed
87 development, the highest currently allowed height or the highest
88 height allowed on July 1, 2023, for the property provided in the
89 county's land development regulations, or 3 stories, whichever
90 is highest, but not to exceed 10 stories higher. For the
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91 purposes of this paragraph, the term "adjacent to" means those
92 properties sharing more than one point of a property line, but
93 does not include properties separated by a public road or body
94 of water, including a man-made lake or pond. For a proposed
95 development located within a county within an area of critical
96 state concern, as designated by s. 380.0552 and chapter 28-36,
97 Florida Administrative Code, the term "story" includes only the
98 habitable space beginning at the base flood elevation, as
99 designated by the Federal Emergency Management Agency in the
100 most recent Flood Insurance Rate Map. A story may not exceed 10
101 feet in height measured from finished floor to finished floor,
102 including space for mechanical equipment. The highest story may
103 not exceed 10 feet from finished floor to the top plate.
104 (e) A proposed development authorized under this
105 subsection must be administratively approved without and no
106 further action by the board of county commissioners or any
107 quasi-judicial or administrative board or reviewing body is
108 required if the development satisfies the county's land
109 development regulations for multifamily developments in areas
110 zoned for such use and is otherwise consistent with the
111 comprehensive plan, with the exception of provisions
112 establishing allowable densities, floor area ratios, height, and
113 land use. Such land development regulations include, but are not
114 limited to, regulations relating to setbacks and parking
115 requirements. Unless a structure is, as of July 1, 2023,
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116 classified as "contributing" in a local government historic
117 properties database, the removal or demolition of all or part of
118 a structure does not require a public hearing for approval, to
119 the extent such removal or demolition is pursuant to a proposed
120 development authorized under this subsection. Notwithstanding
121 the foregoing, the rear portion of a structure abutting or
122 facing an alley may not be deemed "contributing." A proposed
123 development located within one-quarter mile of a military
124 installation identified in s. 163.3175(2) may not be
125 administratively approved. Each county shall maintain on its
126 website a policy containing procedures and expectations for
127 administrative approval pursuant to this subsection. For the
128 purposes of this paragraph, the term "allowable density" means
129 the density prescribed for the property without additional
130 requirements to procure and transfer density units or
131 development units from other properties.
132 (f)1. A county must, upon request of an applicant, reduce
133 consider reducing parking requirements by 20 percent for a
134 proposed development authorized under this subsection if the
135 development:
136 a. Is located within one-quarter mile of a transit stop,
137 as defined in the county's land development code, and the
138 transit stop is accessible from the development;.

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139 2. A county must reduce parking requirements by at least
140 20 percent for a proposed development authorized under this
141 subsection if the development:
142 b.a. Is located within one-half mile of a major
143 transportation hub that is accessible from the proposed
144 development by safe, pedestrian-friendly means, such as
145 sidewalks, crosswalks, elevated pedestrian or bike paths, or
146 other multimodal design features; or and
147 c.b. Has available parking within 600 feet of the proposed
148 development which may consist of options such as on-street
149 parking, parking lots, or parking garages available for use by
150 residents of the proposed development. However, a county may not
151 require that the available parking compensate for the reduction
152 in parking requirements.
153 2.3. A county must eliminate parking requirements for a
154 proposed mixed-use residential development authorized under this
155 subsection within an area recognized by the county as a transit-
156 oriented development or area, as provided in paragraph (h).
157 3.4. For purposes of this paragraph, the term "major
158 transportation hub" means any transit station, whether bus,
159 train, or light rail, which is served by public transit with a
160 mix of other transportation options.
161 (g) For proposed multifamily developments in an
162 unincorporated area zoned for commercial or industrial use which
163 is within the boundaries of a multicounty independent special
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164 district that was created to provide municipal services and is
165 not authorized to levy ad valorem taxes, and less than 20
166 percent of the land area within such district is designated for
167 commercial or industrial use, a county must authorize, as
168 provided in this subsection, such development only if the
169 development is mixed-use residential.
170 (h) A proposed development authorized under this
171 subsection which is located within a transit-oriented
172 development or area, as recognized by the county, must be mixed-
173 use residential and otherwise comply with requirements of the
174 county's regulations applicable to the transit-oriented
175 development or area except for use, height, density, floor area
176 ratio, and parking as provided in this subsection or as
177 otherwise agreed to by the county and the applicant for the
178 development.
179 (i) Except as otherwise provided in this subsection, a
180 development authorized under this subsection must comply with
181 all applicable state and local laws and regulations.
182 (j)1. Nothing in this subsection precludes a county from
183 granting a bonus, variance, conditional use, or other special
184 exception for height, density, or floor area ratio in addition
185 to the height, density, and floor area ratio requirements in
186 this subsection.
187 2. Nothing in this subsection precludes a proposed
188 development authorized under this subsection from receiving a
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189 bonus for density, height, or floor area ratio pursuant to an
190 ordinance or regulation of the jurisdiction where the proposed
191 development is located if the proposed development satisfies the
192 conditions to receive the bonus except for any condition which
193 conflicts with this subsection. If a proposed development
194 qualifies for such bonus, the bonus must be administratively
195 approved by the county and no further action by the board of
196 county commissioners is required.
197 (k) Notwithstanding any other law or local ordinance or
198 regulation to the contrary, a county may allow an adjacent
199 parcel of land to be included within a proposed multifamily
200 development authorized under this subsection.
201 (l)1.(k) This subsection does not apply to:
202 a.1. Airport-impacted areas as provided in s. 333.03.
203 b.2. Property defined as recreational and commercial
204 working waterfront in s. 342.201(2)(b) in any area zoned as
205 industrial.
206 c. The Wekiva Study Area, as described in s. 369.316.
207 d. The Everglades Protection Area, as defined in s.
208 373.4592(2).
209 e. The Florida Keys Area of Critical State Concern, as
210 designated by s. 380.0552.
211 f. The City of Key West Area of Critical State Concern, as
212 designated by the Administration Commission under s. 380.05.

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213 2. Sub-subparagraphs 1.c.-f. are remedial in nature and
214 apply retroactively to April 1, 2025.
215 (m) The court shall give priority to a civil action filed
216 against a county for a violation of this subsection and render a
217 preliminary or final decision in such action as expeditiously as
218 possible.
219 (n) If a civil action is filed against a county for a
220 violation of this subsection, the court must assess and award
221 reasonable attorney fees and costs to the prevailing party. An
222 award of reasonable attorney fees or costs pursuant to this
223 paragraph may not exceed $500,000. In addition, a prevailing
224 party may not recover any attorney fees or costs directly
225 incurred by or associated with litigation to determine an award
226 of reasonable attorney fees or costs.
227 (o) As used in this subsection, the term:
228 1. "Commercial use" means any activity associated with the
229 sale, rental, or distribution of a product or the performance of
230 a service related to such product. The term includes, but is not
231 limited to, such uses or activities as retail sales; wholesale
232 sales; rental of equipment, goods, or products; offices;
233 restaurants; public lodging establishments as described in s.
234 509.242; food service vendors; sports arenas; theaters; tourist
235 attractions; and other for-profit business activities. A parcel
236 zoned to allow such use by right, without the requirement to
237 obtain a variance or waiver, is considered commercial use for
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238 purposes of this subsection, regardless of the listed category
239 or title in the local land development regulations. The term
240 does not include a home-based business or a cottage food
241 operation performed on residential property, a public lodging
242 establishment as described in s. 509.242, or a use that is
243 accessory, ancillary, or incidental to the allowable use or
244 allowed only on a temporary basis. In addition, the term does
245 not include the following structures, regardless of their uses
246 or zoning classifications:
247 a. A contributing structure or building within a historic
248 district which was listed in the National Register of Historic
249 Places before January 1, 2000.
250 b. A structure or building individually listed in the
251 National Register of Historic Places.
252 2. "Industrial use" means any activity associated with the
253 manufacture, assembly, processing, or storage of a product or
254 the performance of a service related to such product. The term
255 includes, but is not limited to, such uses or activities as
256 automobile manufacturing or repair, boat manufacturing or
257 repair, junk yards, meat packing facilities, citrus processing
258 and packing facilities, produce processing and packing
259 facilities, electrical generating plants, water treatment
260 plants, sewage treatment plants, and solid waste disposal sites.
261 A parcel zoned to allow such use by right, without the
262 requirement to obtain a variance or waiver, is considered
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263 industrial use for purposes of this subsection, regardless of
264 the listed category or title in the local land development
265 regulations. The term does not include a use that is accessory,
266 ancillary, or incidental to the allowable use or allowed only on
267 a temporary basis.
268 3. "Mixed use" means any use that combines multiple types
269 of approved land uses from at least two of the residential use,
270 commercial use, or industrial use categories. The term does not
271 include uses that are accessory, ancillary, or incidental to the
272 allowable uses or allowed only on a temporary basis.
273 4. "Planned unit development" has the same meaning as in
274 s. 163.3202(5)(b).
275 (p)(l) This subsection expires October 1, 2033.
276 (8)(a) A proposed development on a parcel of land
277 primarily developed and maintained as a golf course, a tennis
278 court, or a swimming pool, regardless of the zoning of such
279 parcel, may use the approval process provided in subsection (7).
280 (b) If a proposed development is on a parcel that is
281 adjacent to, on two or more sides, a parcel zoned for single-
282 family residential use, the county may restrict the height of
283 the proposed development to 150 percent of the tallest
284 residential building on any property adjacent to the proposed
285 development, the highest height currently allowed or the highest
286 height allowed on July 1, 2023, for the property provided in the
287 county's land development regulations, or 3 stories, whichever
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288 is highest. For purposes of this paragraph, the term "adjacent
289 to" means those properties sharing more than one point of a
290 property line, but does not include properties separated by a
291 public road or body of water, including a man-made lake or pond.
292 (9)(a) Except as provided in paragraphs (b) and (d), a
293 county may not impose or enforce a building moratorium that has
294 the effect of delaying the permitting or construction of a
295 multifamily residential or mixed-use residential development
296 authorized under subsection (7).
297 (b) A county may, by ordinance, impose or enforce a
298 building moratorium that has the effect of delaying the
299 permitting or construction of a multifamily residential or
300 mixed-use residential development for no more than 90 days
301 within a 3-year period if, before the adoption of such
302 ordinance, the county prepares or causes to be prepared an
303 assessment of its need for affordable housing for extremely-low-
304 income persons, very-low-income persons, low-income persons, and
305 moderate-income persons, as defined in s. 420.0004, including
306 projections of future need for the preceding 5 years. This
307 assessment must be posted on the county's website by the date
308 the notice of proposed ordinance adoption is published, and
309 presented at the same public meeting at which the proposed
310 ordinance is adopted by the board of county commissioners. This
311 assessment must be included in the business impact estimate for

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312 the enactment of a proposed ordinance as required by s.
313 125.66(3).
314 (c) If a civil action is filed against a county for a
315 violation of this subsection, the court must assess and award
316 reasonable attorney fees and costs to the prevailing party. An
317 award of reasonable attorney fees or costs pursuant to this
318 paragraph may not exceed $500,000. In addition, a prevailing
319 party may not recover any attorney fees or costs directly
320 incurred by or associated with litigation to determine an award
321 of reasonable attorney fees or costs.
322 (d) This subsection does not apply to any moratorium that
323 is imposed or enforced to address stormwater or flood water
324 management, to address the supply of potable water, or due to
325 the necessary repair of sanitary sewer systems, if such
326 moratorium applies equally to all types of multifamily or mixed-
327 use residential development.
328 (10)(a) Beginning June 30, 2026, each county must provide
329 an annual report to the state land planning agency which must
330 include:
331 1. Any litigation related to the violation of this
332 section, the status of such litigation, and, if applicable, the
333 final disposition.
334 2. Any action a county has taken on a proposed development
335 project under this section, including, at minimum, the project

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336 size, density, and intensity and the number of units and the
337 number of affordable units for such project.
338 3. For a proposed development project that has been
339 denied, any action a county has taken on such project and an
340 explanation for why such action was taken.
341 (b) The state land planning agency shall submit an annual
342 report to the Governor, the President of the Senate, and the
343 Speaker of the House of Representatives regarding county
344 compliance with this section.
345 Section 2. Subsection (7) of section 163.3202, Florida
346 Statutes, is renumbered as subsection (8), and a new subsection
347 (7) is added to that section to read:
348 163.3202 Land development regulations.—
349 (7)(a) It is the intent of the Legislature to increase the
350 accessibility and public disclosure of the regulatory impact of
351 local preservation ordinances for purposes of historic
352 preservation.
353 (b) The designation by a local government of property or a
354 district as a historic property or a historic district, and the
355 adoption of land development regulations for purposes of
356 historic preservation, shall be made by the adoption of a local
357 preservation ordinance.
358 (c) Property that is designated by a local government as
359 historic property or located in a historic district, or that is
360 otherwise subject to land development regulations for purposes
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361 of historic preservation, must be clearly identified on a map
362 that is maintained by the local government. Property that is
363 newly designated as historic property or a district that is
364 newly designated as a historic district, and property that is
365 newly subject to historic preservation regulations, must be
366 included on the map within 30 days after such designation or the
367 application of such regulation. The local government must post
368 the map on its website no later than June 1, 2026, and include
369 the contact information for the local government official who is
370 responsible for providing public information about the local
371 government's land development regulations for purposes of
372 historic preservation.
373 (d) This subsection does not apply to a historic site or a
374 historic district that is designated as such solely for the
375 purpose of public recognition and which is not subject to land
376 development regulations by virtue of the designation.
377 Section 3. Subsections (6) and (7) of section 166.04151,
378 Florida Statutes, are amended, and new subsections (8), (9), and
379 (10) are added to that section, to read:
380 166.04151 Affordable housing.—
381 (6) Notwithstanding any other law or local ordinance or
382 regulation to the contrary, the governing body of a municipality
383 may approve the development of housing that is affordable, as
384 defined in s. 420.0004, including, but not limited to, a mixed-
385 use residential development, on any parcel zoned for commercial
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386 or industrial use, or on any parcel, including any contiguous
387 parcel connected thereto, which is owned by a religious
388 institution, as defined in s. 170.201(2), which contains a house
389 of public worship, regardless of the underlying zoning, so long
390 as at least 10 percent of the units included in the project are
391 for housing that is affordable. The provisions of this
392 subsection are self-executing and do not require the governing
393 body to adopt an ordinance or a regulation before using the
394 approval process in this subsection.
395 (7)(a) A municipality must authorize multifamily and
396 mixed-use residential as allowable uses in any area zoned for
397 commercial, industrial, or mixed use, and in portions of any
398 flexibly zoned area such as a planned unit development permitted
399 for commercial, industrial, or mixed use, if at least 40 percent
400 of the residential units in a proposed multifamily development
401 are rental units that, for a period of at least 30 years, are
402 affordable as defined in s. 420.0004. Notwithstanding any other
403 law, local ordinance, or regulation to the contrary, a
404 municipality may not require a proposed multifamily development
405 to obtain a zoning or land use change, special exception,
406 conditional use approval, variance, transfer of density or
407 development units, or comprehensive plan amendment for the
408 building height, zoning, and densities authorized under this
409 subsection. For mixed-use residential projects, at least 65
410 percent of the total square footage must be used for residential
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411 purposes. A municipality may not require that more than 10
412 percent of the total square footage of such mixed-use
413 residential projects be used for nonresidential purposes.
414 (b) A municipality may not restrict the density of a
415 proposed development authorized under this subsection below the
416 highest currently allowed density or the highest density allowed
417 on July 1, 2023, on any land in the municipality where
418 residential development is allowed under the municipality's land
419 development regulations. For purposes of this paragraph, the
420 term "highest currently allowed density" does not include the
421 density of any building that met the requirements of this
422 subsection or the density of any building that has received any
423 bonus, variance, or other special exception for density provided
424 in the municipality's land development regulations as an
425 incentive for development.
426 (c) A municipality may not restrict the floor area ratio
427 of a proposed development authorized under this subsection below
428 150 percent of the highest currently allowed floor area ratio or
429 the highest floor area ratio allowed on July 1, 2023, on any
430 land in the municipality where development is allowed under the
431 municipality's land development regulations. For purposes of
432 this paragraph, the term "highest currently allowed floor area
433 ratio" does not include the floor area ratio of any building
434 that met the requirements of this subsection or the floor area
435 ratio of any building that has received any bonus, variance, or
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436 other special exception for floor area ratio provided in the
437 municipality's land development regulations as an incentive for
438 development. For purposes of this subsection, the term "floor
439 area ratio" includes floor lot ratio.
440 (d)1. A municipality may not restrict the height of a
441 proposed development authorized under this subsection below the
442 highest currently allowed height or the highest height allowed
443 on July 1, 2023, for a commercial or residential building
444 located in its jurisdiction within 1 mile of the proposed
445 development or 3 stories, whichever is higher. For purposes of
446 this paragraph, the term "highest currently allowed height" does
447 not include the height of any building that met the requirements
448 of this subsection or the height of any building that has
449 received any bonus, variance, or other special exception for
450 height provided in the municipality's land development
451 regulations as an incentive for development.
452 2. If the proposed development is adjacent to, on two or
453 more sides, a parcel zoned for single-family residential use
454 that is within a single-family residential development with at
455 least 25 contiguous single-family homes, the municipality may
456 restrict the height of the proposed development to 150 percent
457 of the tallest building on any property adjacent to the proposed
458 development, the highest currently allowed height or the highest
459 height allowed on July 1, 2023, for the property provided in the
460 municipality's land development regulations, or 3 stories,
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461 whichever is highest, but not to exceed 10 stories higher. For
462 the purposes of this paragraph, the term "adjacent to" means
463 those properties sharing more than one point of a property line,
464 but does not include properties separated by a public road or
465 body of water, including a man-made lake or pond. For a proposed
466 development located within a municipality within an area of
467 critical state concern, as designated by s. 380.0552 and chapter
468 28-36, Florida Administrative Code, the term "story" includes
469 only the habitable space beginning at the base flood elevation,
470 as designated by the Federal Emergency Management Agency in the
471 most recent Flood Insurance Rate Map. A story may not exceed 10
472 feet in height measured from finished floor to finished floor,
473 including space for mechanical equipment. The highest story may
474 not exceed 10 feet from finished floor to the top plate.
475 (e) A proposed development authorized under this
476 subsection must be administratively approved without and no
477 further action by the governing body of the municipality or any
478 quasi-judicial or administrative board or reviewing body is
479 required if the development satisfies the municipality's land
480 development regulations for multifamily developments in areas
481 zoned for such use and is otherwise consistent with the
482 comprehensive plan, with the exception of provisions
483 establishing allowable densities, floor area ratios, height, and
484 land use. Such land development regulations include, but are not
485 limited to, regulations relating to setbacks and parking
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486 requirements. Unless a structure is, as of July 1, 2023,
487 classified as "contributing" in a local government historic
488 properties database, the removal or demolition of all or part of
489 a structure does not require a public hearing for approval, to
490 the extent such removal or demolition is pursuant to a proposed
491 development authorized under this subsection. Notwithstanding
492 the foregoing, the rear portion of a structure abutting or
493 facing an alley may not be deemed "contributing." A proposed
494 development located within one-quarter mile of a military
495 installation identified in s. 163.3175(2) may not be
496 administratively approved. Each municipality shall maintain on
497 its website a policy containing procedures and expectations for
498 administrative approval pursuant to this subsection. For the
499 purposes of this paragraph, the term "allowable density" means
500 the density prescribed for the property without additional
501 requirements to procure and transfer density units or
502 development units from other properties.
503 (f)1. A municipality must, upon request of an applicant,
504 reduce consider reducing parking requirements by 20 percent for
505 a proposed development authorized under this subsection if the
506 development:
507 a. Is located within one-quarter mile of a transit stop,
508 as defined in the municipality's land development code, and the
509 transit stop is accessible from the development;.

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510 2. A municipality must reduce parking requirements by at
511 least 20 percent for a proposed development authorized under
512 this subsection if the development:
513 b.a. Is located within one-half mile of a major
514 transportation hub that is accessible from the proposed
515 development by safe, pedestrian-friendly means, such as
516 sidewalks, crosswalks, elevated pedestrian or bike paths, or
517 other multimodal design features; or.
518 c.b. Has available parking within 600 feet of the proposed
519 development which may consist of options such as on-street
520 parking, parking lots, or parking garages available for use by
521 residents of the proposed development. However, a municipality
522 may not require that the available parking compensate for the
523 reduction in parking requirements.
524 2.3. A municipality must eliminate parking requirements
525 for a proposed mixed-use residential development authorized
526 under this subsection within an area recognized by the
527 municipality as a transit-oriented development or area, as
528 provided in paragraph (h).
529 3.4. For purposes of this paragraph, the term "major
530 transportation hub" means any transit station, whether bus,
531 train, or light rail, which is served by public transit with a
532 mix of other transportation options.
533 (g) A municipality that designates less than 20 percent of
534 the land area within its jurisdiction for commercial or
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535 industrial use must authorize a proposed multifamily development
536 as provided in this subsection in areas zoned for commercial or
537 industrial use only if the proposed multifamily development is
538 mixed-use residential.
539 (h) A proposed development authorized under this
540 subsection which is located within a transit-oriented
541 development or area, as recognized by the municipality, must be
542 mixed-use residential and otherwise comply with requirements of
543 the municipality's regulations applicable to the transit-
544 oriented development or area except for use, height, density,
545 floor area ratio, and parking as provided in this subsection or
546 as otherwise agreed to by the municipality and the applicant for
547 the development.
548 (i) Except as otherwise provided in this subsection, a
549 development authorized under this subsection must comply with
550 all applicable state and local laws and regulations.
551 (j)1. Nothing in this subsection precludes a municipality
552 from granting a bonus, variance, conditional use, or other
553 special exception to height, density, or floor area ratio in
554 addition to the height, density, and floor area ratio
555 requirements in this subsection.
556 2. Nothing in this subsection precludes a proposed
557 development authorized under this subsection from receiving a
558 bonus for density, height, or floor area ratio pursuant to an
559 ordinance or regulation of the jurisdiction where the proposed
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560 development is located if the proposed development satisfies the
561 conditions to receive the bonus except for any condition which
562 conflicts with this subsection. If a proposed development
563 qualifies for such bonus, the bonus must be administratively
564 approved by the municipality and no further action by the
565 governing body of the municipality is required.
566 (k) Notwithstanding any other law or local ordinance or
567 regulation to the contrary, a municipality may allow an adjacent
568 parcel of land to be included within a proposed multifamily
569 development authorized under this subsection.
570 (l) This subsection does not apply to:
571 1. Airport-impacted areas as provided in s. 333.03.
572 2. Property defined as recreational and commercial working
573 waterfront in s. 342.201(2)(b) in any area zoned as industrial.
574 3. The Wekiva Study Area, as described in s. 369.316.
575 4. The Everglades Protection Area, as defined in s.
576 373.4592(2).
577 5. The City of Key West Area of Critical State Concern, as
578 designated by the Administration Commission under s. 380.05.
579 (m) The court shall give priority to a civil action filed
580 against a municipality for a violation of this subsection and
581 render a preliminary or final decision in such action as
582 expeditiously as possible.
583 (n) If a civil action is filed against a municipality for
584 a violation of this subsection, the court must assess and award
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Amendment No. 1

585 reasonable attorney fees and costs to the prevailing party. An
586 award of reasonable attorney fees or costs pursuant to this
587 paragraph may not exceed $500,000. In addition, a prevailing
588 party may not recover any attorney fees or costs directly
589 incurred by or associated with litigation to determine an award
590 of reasonable attorney fees or costs.
591 (o) As used in this subsection, the term:
592 1. "Commercial use" means any activity associated with the
593 sale, rental, or distribution of a product or the performance of
594 a service related to such product. The term includes, but is not
595 limited to, such uses or activities as retail sales; wholesale
596 sales; rentals of equipment, goods, or products; offices;
597 restaurants; public lodging establishments as described in s.
598 509.242; food service vendors; sports arenas; theaters; tourist
599 attractions; and other for-profit business activities. A parcel
600 zoned to allow such use by right, without the requirement to
601 obtain a variance or waiver, is considered commercial use for
602 purposes of this subsection, regardless of the listed category
603 or title in the local land development regulations. The term
604 does not include a home-based business or a cottage food
605 operation performed on residential property, a public lodging
606 establishment as described in s. 509.242, or a use that is
607 accessory, ancillary, or incidental to the allowable use or
608 allowed only on a temporary basis. In addition, the term does

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Amendment No. 1

609 not include the following structures, regardless of their uses
610 or zoning classifications:
611 a. A contributing structure or building within a historic
612 district which was listed in the National Register of Historic
613 Places before January 1, 2000.
614 b. A structure or building individually listed in the
615 National Register of Historic Places.
616 2. "Industrial use" means any activity associated with the
617 manufacture, assembly, processing, or storage of a product or
618 the performance of a service related to such product. The term
619 includes, but is not limited to, such uses or activities as
620 automobile manufacturing or repair, boat manufacturing or
621 repair, junk yards, meat packing facilities, citrus processing
622 and packing facilities, produce processing and packing
623 facilities, electrical generating plants, water treatment
624 plants, sewage treatment plants, and solid waste disposal sites.
625 A parcel zoned to allow such use by right, without the
626 requirement to obtain a variance or waiver, is considered
627 industrial use for purposes of this subsection, regardless of
628 the listed category or title in the local land development
629 regulations. The term does not include a use that is accessory,
630 ancillary, or incidental to the allowable use or allowed only on
631 a temporary basis.
632 3. "Mixed use" means any use that combines multiple types
633 of approved land uses from at least two of the residential use,
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Amendment No. 1

634 commercial use, or industrial use categories. The term does not
635 include uses that are accessory, ancillary, or incidental to the
636 allowable uses or allowed only on a temporary basis.
637 4. "Planned unit development" has the same meaning as in
638 s. 163.3202(5)(b).
639 (p)(l) This subsection expires October 1, 2033.
640 (8)(a) A proposed development on a parcel of land
641 primarily developed and maintained as a golf course, a tennis
642 court, or a swimming pool, regardless of the zoning of such
643 parcel, may use the approval process provided in subsection (7).
644 (b) If a proposed development is on a parcel that is
645 adjacent to, on two or more sides, a parcel zoned for single-
646 family residential use, the municipality may restrict the height
647 of the proposed development to 150 percent of the tallest
648 residential building on any property adjacent to the proposed
649 development, the highest height currently allowed or the highest
650 height allowed on July 1, 2023, for the property provided in the
651 municipality's land development regulations, or 3 stories,
652 whichever is highest. For purposes of this paragraph, the term
653 "adjacent to" means those properties sharing more than one point
654 of a property line, but does not include properties separated by
655 a public road or body of water, including a manmade lake or
656 pond.
657 (9)(a) Except as provided in paragraphs (b) and (d), a
658 municipality may not impose or enforce a building moratorium
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659 that has the effect of delaying the permitting or construction
660 of a multifamily residential or mixed-use residential
661 development authorized under subsection (7).
662 (b) A municipality may, by ordinance, impose or enforce a
663 building moratorium that has the effect of delaying the
664 permitting or construction of a multifamily residential or
665 mixed-use residential development for no more than 90 days
666 within a 3-year period if, before the adoption of such
667 ordinance, the municipality prepares or causes to be prepared an
668 assessment of its need for affordable housing for extremely-low-
669 income persons, very-low-income persons, low-income persons, and
670 moderate-income persons, as defined in s. 420.0004, including
671 projections of future need for the preceding 5 years. This
672 assessment must be posted on the municipality's website by the
673 date the notice of proposed ordinance adoption is published, and
674 presented at the same public meeting at which the proposed
675 ordinance is adopted by the governing body of the municipality.
676 This assessment must be included in the business impact estimate
677 for the enactment of a proposed ordinance as required by s.
678 166.041(4).
679 (c) If a civil action is filed against a municipality for
680 a violation of this subsection, the court must assess and award
681 reasonable attorney fees and costs to the prevailing party. An
682 award of reasonable attorney fees or costs pursuant to this
683 paragraph may not exceed $500,000. In addition, a prevailing
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Amendment No. 1

684 party may not recover any attorney fees or costs directly
685 incurred by or associated with litigation to determine an award
686 of reasonable attorney fees or costs.
687 (d) This subsection does not apply to any moratorium that
688 is imposed or enforced to address stormwater or flood water
689 management, to address the supply of potable water, or due to
690 the necessary repair of sanitary sewer systems, if such
691 moratorium applies equally to all types of multifamily or mixed-
692 use residential development.
693 (10)(a) Beginning June 30, 2026, each municipality must
694 provide an annual report to the state land planning agency which
695 must include:
696 1. Any litigation related to the violation of this
697 section, the status of such litigation, and, if applicable, the
698 final disposition.
699 2. Any action a municipality has taken on a proposed
700 development project under this section, including, at minimum,
701 the project size, density, and intensity and the number of units
702 and the number of affordable units for such project.
703 3. For a proposed development project that has been
704 denied, any action a municipality has taken on such project and
705 an explanation for why such action was taken.
706 (b) The state land planning agency shall submit an annual
707 report to the Governor, the President of the Senate, and the

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Amendment No. 1

708 Speaker of the House of Representatives regarding municipality
709 compliance with this section.
710 Section 4. Effective upon this act becoming a law, an
711 applicant for a proposed development authorized under s.
712 125.01055(7), Florida Statutes, or s. 166.04151(7), Florida
713 Statutes, who submits to a county or municipality, as
714 applicable, an application, written request, or notice of intent
715 to use such provisions and which application, written request,
716 or notice of intent is received by the county or municipality,
717 as applicable, before July 1, 2025, may give notice to the
718 county or municipality no later than July 1, 2025, of the intent
719 to proceed under s. 125.01055(7), Florida Statutes, or s.
720 166.04151(7), Florida Statutes, as applicable, as it existed at
721 the time of submittal. A county or municipality, as applicable,
722 shall allow an applicant who submits such application, written
723 request, or notice of intent the opportunity to submit a revised
724 application, written request, or notice of intent to account for
725 the changes made by this act.
726 Section 5. Paragraphs (n) and (o) of subsection (3) of
727 section 196.1978, Florida Statutes, are redesignated as
728 paragraphs (o) and (p), respectively, and a new paragraph (n) is
729 added to that subsection to read:
730 196.1978 Affordable housing property exemption.—
731 (3)

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Amendment No. 1

732 (n) Upon the request of a property owner, the property
733 appraiser must issue a letter to verify that a multifamily
734 project, if constructed and leased as described in the site
735 plan, qualifies for the exemption under this section. Within 30
736 days after receipt of such request, the property appraiser must
737 issue a verification letter or explain why the project is
738 ineligible for the exemption. Verification of tenant eligibility
739 for affordable housing is not required for determining
740 eligibility for a property owner to qualify for the exemption
741 under this section. A project that has received a verification
742 letter before the adoption of the ordinance described in
743 paragraph (p) is exempt from such ordinance. The verification
744 letter is prima facie evidence that the project is eligible for
745 the exemption if the project is constructed and leased as
746 described in the site plan used to receive the verification
747 letter. This letter shall qualify the project, if constructed
748 and leased as described in the site plan, to obtain the
749 exemption beginning with the January 1 assessment immediately
750 after the date on which the property obtains a certificate of
751 occupancy and is placed in service allowing the property to be
752 used as an affordable housing property.
753 Section 6. Paragraph (a) of subsection (9) of section
754 380.0552, Florida Statutes, is amended to read:
755 380.0552 Florida Keys Area; protection and designation as
756 area of critical state concern.—
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Amendment No. 1

757 (9) MODIFICATION TO PLANS AND REGULATIONS.—
758 (a) Any land development regulation or element of a local
759 comprehensive plan in the Florida Keys Area may be enacted,
760 amended, or rescinded by a local government, but the enactment,
761 amendment, or rescission becomes effective only upon approval by
762 the state land planning agency. The state land planning agency
763 shall review the proposed change to determine if it is in
764 compliance with the principles for guiding development specified
765 in chapter 27F-8, Florida Administrative Code, as amended
766 effective August 23, 1984, and must approve or reject the
767 requested changes within 60 days after receipt. Amendments to
768 local comprehensive plans in the Florida Keys Area must also be
769 reviewed for compliance with the following:
770 1. Construction schedules and detailed capital financing
771 plans for wastewater management improvements in the annually
772 adopted capital improvements element, and standards for the
773 construction of wastewater treatment and disposal facilities or
774 collection systems that meet or exceed the criteria in s.
775 403.086(11) for wastewater treatment and disposal facilities or
776 s. 381.0065(4)(l) for onsite sewage treatment and disposal
777 systems.
778 2. Goals, objectives, and policies to protect public
779 safety and welfare in the event of a natural disaster by
780 maintaining a hurricane evacuation clearance time for permanent
781 residents of no more than 24 hours and 30 minutes. The hurricane
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Amendment No. 1

782 evacuation clearance time shall be determined by a hurricane
783 evacuation study conducted in accordance with a professionally
784 accepted methodology and approved by the state land planning
785 agency. For purposes of hurricane evacuation clearance time:
786 a. Mobile home residents are not considered permanent
787 residents.
788 b. The City of Key West Area of Critical State Concern
789 established by chapter 28-36, Florida Administrative Code, shall
790 be included in the hurricane evacuation study and is subject to
791 the evacuation requirements of this subsection.
792 3. To ensure the hurricane evacuation clearance time in
793 this subsection is met, Monroe County, the City of Marathon, the
794 Village of Islamorada, and the City of Key West shall each
795 continue to maintain permit allocation systems, limiting the
796 number of permits issued for new residential dwelling units. The
797 Administration Commission shall distribute 825 permit
798 allocations over a period of at least 10 years, as follows:
799 a. Monroe County shall receive 539 permit allocations with
800 the following limitations:
801 I. All permits must be issued to vacant, buildable
802 parcels.
803 II. Only one permit may be issued to an individual parcel.
804 III. Of the 539 permits issued, 377 permits shall be
805 issued only for workforce housing.

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806 b. The City of Marathon shall receive 187 permit
807 allocations with the following limitations:
808 I. All permits must be issued to vacant, buildable
809 parcels.
810 II. Only one permit may be issued to an individual parcel.
811 III. Distribution must prioritize allocations for owner-
812 occupied residences, affordable housing, and workforce housing.
813 c. The Village of Islamorada shall receive 71 permit
814 allocations with the following limitations:
815 I. All permits must be issued to vacant, buildable
816 parcels.
817 II. Only one permit may be issued to an individual parcel.
818 III. Distribution must prioritize allocations for owner-
819 occupied residences, affordable housing, and workforce housing.
820 d. The City of Key West shall receive 28 permit
821 allocations. The housing constructed pursuant to such permits
822 must be affordable as defined in s. 420.0004.
823
824 For purposes of this subparagraph, the term "workforce housing"
825 means residential dwelling units restricted for a period of at
826 least 99 years to occupancy by households that derive at least
827 70 percent of their household income from gainful employment in
828 Monroe County, supplying goods or services to Monroe County
829 residents or visitors.

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Amendment No. 1

830 Section 7. Paragraph (d) of subsection (1) of section
831 420.50871, Florida Statutes, is amended to read:
832 420.50871 Allocation of increased revenues derived from
833 amendments to s. 201.15 made by ch. 2023-17.—Funds that result
834 from increased revenues to the State Housing Trust Fund derived
835 from amendments made to s. 201.15 made by chapter 2023-17, Laws
836 of Florida, must be used annually for projects under the State
837 Apartment Incentive Loan Program under s. 420.5087 as set forth
838 in this section, notwithstanding ss. 420.507(48) and (50) and
839 420.5087(1) and (3). The Legislature intends for these funds to
840 provide for innovative projects that provide affordable and
841 attainable housing for persons and families working, going to
842 school, or living in this state. Projects approved under this
843 section are intended to provide housing that is affordable as
844 defined in s. 420.0004, notwithstanding the income limitations
845 in s. 420.5087(2). Beginning in the 2023-2024 fiscal year and
846 annually for 10 years thereafter:
847 (1) The corporation shall allocate 70 percent of the funds
848 provided by this section to issue competitive requests for
849 application for the affordable housing project purposes
850 specified in this subsection. The corporation shall finance
851 projects that:
852 (d) Provide housing near military installations and United
853 States Department of Veterans Affairs medical centers or
854 outpatient clinics in this state, with preference given to
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Amendment No. 1

855 projects that incorporate critical services for servicemembers,
856 their families, and veterans, such as mental health treatment
857 services, employment services, and assistance with transition
858 from active-duty service to civilian life.
859 Section 8. Section 420.5098, Florida Statutes, is created
860 to read:
861 420.5098 Public sector and health care facility employer-
862 sponsored affordable workforce housing policy.—
863 (1)(a) The Legislature finds that it is in the best
864 interest of this state and this state's economy to provide
865 affordable workforce housing to residents who are employed by
866 health care facilities and governmental entities to recruit and
867 retain high-quality professionals by incentivizing such
868 employers to sponsor affordable housing opportunities.
869 (b) The Legislature further finds that pursuant to s.
870 42(g)(9)(B) of the Internal Revenue Code, a qualified low-income
871 housing project does not fail to meet the general public use
872 requirement solely because of occupancy restrictions or
873 preferences that favor tenants who are members of a specified
874 group under a state program or policy that supports housing for
875 such specified group.
876 (c) It is the intent of the Legislature to establish a
877 policy that supports the development of affordable workforce
878 housing for employees of health care facilities and governmental
879 entities.
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Amendment No. 1

880 (2) For purposes of this section, the term:
881 (a) "Governmental entity" means a state agency, a county
882 agency, or any other entity, however styled, that independently
883 exercises any type of state or local function. The term includes
884 a public school, state university, or Florida College System
885 institution, and a special district as defined in s. 189.012.
886 (b) "Health care facility" has the same meaning as in s.
887 159.27(16).
888 (3) It is the policy of this state to support affordable
889 workforce housing for employees of health care facilities and
890 governmental entities. A developer that receives federal low-
891 income housing tax credits allocated pursuant to s. 420.5099,
892 local or state funds, or other sources of funding available to
893 finance the development of affordable housing may give priority
894 to the development of such housing for employees of health care
895 facilities and governmental entities. Such priority must conform
896 to the requirements of s. 42(g)(9) of the Internal Revenue Code.
897 Section 9. Subsection (8) of section 760.22, Florida
898 Statutes, is amended to read:
899 760.22 Definitions.—As used in ss. 760.20-760.37, the
900 term:
901 (8) "Person" includes one or more individuals,
902 corporations, partnerships, associations, labor organizations,
903 legal representatives, mutual companies, joint-stock companies,
904 trusts, unincorporated organizations, trustees, trustees in
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Amendment No. 1

905 bankruptcy, receivers, and fiduciaries, and any other legal or
906 commercial entity; a state agency; and any other governmental
907 entity or agency.
908 Section 10. Section 760.26, Florida Statutes, is amended
909 to read:
910 760.26 Prohibited discrimination in land use decisions and
911 in permitting of development.—It is unlawful to discriminate in
912 land use decisions or in the permitting of development based on
913 race, color, national origin, sex, disability, familial status,
914 religion;, or, except as otherwise provided by law, based on the
915 source of financing of a development or proposed development; or
916 based on a development or proposed development being for housing
917 that is affordable as defined in s. 420.0004.
918 Section 11. It is the intent of the Legislature that the
919 amendments made by this act to s. 760.26, Florida Statutes, are
920 remedial and clarifying in nature and apply retroactively to any
921 cause of action filed on or before the effective date of this
922 act.
923 Section 12. Subsection (4) of section 760.35, Florida
924 Statutes, is amended to read:
925 760.35 Civil actions and relief; administrative
926 procedures.—
927 (4) If the court finds that a person has committed a
928 discriminatory housing practice has occurred, it shall issue an
929 order prohibiting the practice and providing affirmative relief
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Amendment No. 1

930 from the effects of the practice, including injunctive and other
931 equitable relief, actual and punitive damages, and reasonable
932 attorney fees and costs. In accordance with s. 13, Art. X of the
933 State Constitution, the state, for itself and its agencies or
934 political subdivisions, waives sovereign immunity for causes of
935 action based on the application of this section.
936 Section 13. Except as otherwise expressly provided in this
937 act, this act shall take effect July 1, 2025.
938
939 -----------------------------------------------------
940 T I T L E A M E N D M E N T
941 Remove everything before the enacting clause and insert:
942 A bill to be entitled
943 An act relating to real property and land use and
944 development; amending ss. 125.01055 and 166.04151,
945 F.S.; authorizing the board of county commissioners
946 and the governing body of a municipality,
947 respectively, to approve the development of housing
948 that is affordable on certain parcels owned by
949 religious institutions; requiring counties and
950 municipalities, respectively, to authorize multifamily
951 and mixed-use residential as allowable uses in
952 specified areas; prohibiting counties and
953 municipalities, respectively, from requiring a
954 proposed multifamily development to obtain a transfer
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955 of density or development units; prohibiting counties
956 and municipalities, respectively, from requiring a
957 specified percentage of total square footage of mixed-
958 residential projects be used for nonresidential
959 purposes; prohibiting counties and municipalities,
960 respectively, from restricting the density of a
961 proposed development below the highest density allowed
962 on a specified date; prohibiting counties and
963 municipalities, respectively, from restricting the
964 floor area ratio of a proposed development below a
965 certain percentage of the highest floor area ratio
966 allowed on a specified date; prohibiting counties and
967 municipalities, respectively, from restricting the
968 height of a proposed development below the highest
969 height allowed on a specified date; revising an
970 exception; revising the definition of the term
971 "adjacent to"; providing construction; requiring that
972 a proposed development be administratively approved
973 without further action by the board of county
974 commissioners or governing body of a municipality,
975 respectively, or any quasi-judicial or administrative
976 board or reviewing body; providing that the removal or
977 demolition of all or part of a structure does not
978 require a public hearing for approval in certain
979 circumstances; defining the term "allowable density";
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Amendment No. 1

980 requiring counties and municipalities, respectively,
981 to reduce parking requirements by a specified
982 percentage in certain circumstances; authorizing
983 counties and municipalities, respectively, to allow
984 adjacent parcels of land to be included within a
985 proposed multifamily development; revising
986 applicability; requiring courts to give priority to
987 civil actions filed against counties and
988 municipalities, respectively, and render certain
989 decisions as expeditiously as possible; requiring
990 courts to assess and award reasonable attorney fees
991 and costs to the prevailing party in such actions;
992 limiting the amount and recovery of such fees and
993 costs; providing definitions; authorizing a certain
994 approval process for proposed developments on parcels
995 of land developed and maintained for specified
996 purposes; authorizing counties and municipalities,
997 respectively, to restrict the height of such proposed
998 developments in certain circumstances; defining the
999 term "adjacent to"; prohibiting counties and
1000 municipalities, respectively, from imposing or
1001 enforcing a building moratorium that delays the
1002 permitting or construction of multifamily residential
1003 or mixed-use residential development; providing an
1004 exception; requiring the court to assess and award
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1005 reasonable attorney fees and costs not to exceed a
1006 specified amount; prohibiting the award of such fees
1007 and costs in certain circumstances; providing
1008 applicability; providing reporting requirements
1009 beginning on a date certain; amending s. 163.3202,
1010 F.S.; providing legislative intent; requiring the
1011 local government to designate certain property as
1012 historic by the adoption of a local preservation
1013 ordinance; requiring such property to be clearly
1014 identified on a map maintained by the local
1015 government; requiring property that is newly
1016 designated as historic to be included on the map
1017 within a specified time period; requiring the local
1018 government to post the map on its website by a
1019 specified date and include certain additional
1020 information; providing applicability; authorizing
1021 certain applicants to give notice of intent to
1022 counties or municipalities, respectively, by a date
1023 certain to proceed under specified provisions;
1024 requiring such counties and municipalities,
1025 respectively, to allow such applicants the opportunity
1026 to submit revised notices; amending s. 196.1978, F.S.;
1027 requiring property appraisers to issue verification
1028 letters relating to multifamily projects qualifying
1029 for affordable housing property exemption in certain
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Amendment No. 1

1030 circumstances; providing that such verification is
1031 prima facie evidence that the project is eligible for
1032 exemption; providing a date on which such exemption
1033 begins; amending s. 380.0552, F.S.; revising
1034 provisions relating to the Florida Keys Area of
1035 Critical State Concern; defining the term "workforce
1036 housing"; amending s. 420.50871, F.S.; revising the
1037 types of affordable housing projects that the Florida
1038 Housing Corporation is required to finance; creating
1039 s. 420.5098, F.S.; providing legislative findings and
1040 intent; providing definitions; establishing state
1041 policy to support affordable workforce housing for
1042 employees of health care facilities and governmental
1043 entities; authorizing certain developers to give
1044 priority to the development of such housing for
1045 employees of health care facilities and governmental
1046 entities; requiring that such priority conform to
1047 certain federal provisions; amending s. 760.22, F.S.;
1048 revising the definition of the term "person"; amending
1049 s. 760.26, F.S.; prohibiting discrimination in land
1050 use decisions and in permitting of development based
1051 on a development or proposed development being for
1052 housing that is affordable; providing construction and
1053 retroactive application; amending s. 760.35, F.S.;
1054 waiving sovereign immunity of the state for
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Amendment No. 1

1055 discriminatory housing practices; providing effective
1056 dates.

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 943 (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 Porras offered the following:
3
4 Amendment to Amendment (326779) by Representative Lopez, V.
5
6 Remove lines 234-242 of the amendment and insert:
7 509.242(1)(a); food service vendors; sports arenas; theaters;
8 tourist attractions; and other for-profit business activities. A
9 parcel zoned to allow such use by right, without the requirement
10 to obtain a variance or waiver, is considered commercial use for
11 purposes of this subsection, regardless of the listed category
12 or title in the local land development regulations. The term
13 does not include a home-based business or a cottage food
14 operation performed on residential property, a public lodging
15 establishment as described in s. 509.242(1)(c), or a use that is

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Published On: 4/21/2025 8:12:31 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 943 (2025)
Amendment No. 1b

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Porras offered the following:
3
4 Amendment to Amendment (326779) by Representative Lopez, V.
5
6 Between lines 578 and 579 of the amendment, insert:
7 Sub-subparagraphs (l)3.-5. are remedial in nature and apply
8 retroactively to April 1, 2025.

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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/CS/HB 943 (2025)
Amendment No. 1c

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Commerce Committee
2 Representative Porras offered the following:
3
4 Amendment to Amendment (326779) by Representative Lopez, V.
5
6 Remove lines 598-606 of the amendment and insert:
7 509.242(1)(a); food service vendors; sports arenas; theaters;
8 tourist attractions; and other for-profit business activities. A
9 parcel zoned to allow such use by right, without the requirement
10 to obtain a variance or waiver, is considered commercial use for
11 purposes of this subsection, regardless of the listed category
12 or title in the local land development regulations. The term
13 does not include a home-based business or a cottage food
14 operation performed on residential property, a public lodging
15 establishment as described in s. 509.242(1)(c), or a use that is

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Page 1 of 1
HB 6033
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 6033 COMPANION BILL: SB 1672 (Truenow)
TITLE: Labor Pool Act LINKED BILLS: None
SPONSOR(S): Abbott RELATED BILLS: None
Committee References
Industries & Professional Civil Justice & Claims Commerce
Activities  11 Y, 3 N 
8 Y, 4 N

SUMMARY
Effect of the Bill:
The bill repeals Florida’s Labor Pool Act, codified in Part II of ch. 448, F.S. and consisting of ss. 448.20-448.26, F.S.

Fiscal or Economic Impact:
The bill will have an indeterminate economic impact on the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill repeals Florida’s Labor Pool Act, which governs the day labor industry in the state. (Section 1) The bill also
makes conforming changes. (Sections 2 and 3).

The effective date of the bill is July 1, 2025. (Section 4)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
The bill’s economic impact on the private sector is indeterminate. The bill may have a positive economic impact on
the private sector to the extent there will be a reduction in litigation expenses for labor pools due to the removal of
the prohibitions and remedies for violations under the Labor Pool Act.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Labor Pool Act
Part II of ch. 448, F.S., also known as the Labor Pool Act (Act),1 provides for the health, safety, and well-being of day
laborers throughout the state and outlines uniform standards of conduct and practice for labor pools. The Act
defines “labor pool” as a business entity that operates a labor hall2 by one or more of the following methods:3
 Contracting with third-party users to supply day laborers on a temporary basis;

1 Ch. 95-332, L.O.F.
2 S. 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble and are

dispatched to work for a third-party user.
3 S. 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as farm labor

contractors; employee leasing companies; temporary help services that solely provide white collar employees, secretarial
employees, clerical employees, or skilled laborers; labor union hiring halls; or labor bureau or employment offices operated by
a business entity for the sole purpose of employing an individual for its own use. See s. 448.23, F.S.
STORAGE NAME: h6033d.COM
DATE: 4/21/2025
1
 Hiring, employing, recruiting, or contracting with workers to fulfill contracts for temporary day labor; or
 Fulfilling any contracts for day labor in accordance with the Act, even if the entity also conducts other
business.

Exceptions
The Act does not apply to the following types of businesses:4
 Business entities duly registered as farm labor contractors pursuant to part III of chapter 450, F.S.;
 Employee leasing companies, as defined in s. 468.520, F.S.;
 Temporary help services engaged in supplying solely white-collar employees, secretarial employees,
clerical employees, or skilled laborers;
 Labor union hiring halls; or
 Labor bureau or employment offices operated by a business entity for the sole purpose of employing an
individual for its own use.

Prohibitions
The Act prohibits labor pools from:5
 Charging a day laborer:6
o For safety equipment, clothing, accessories, or any other items required by the nature of the work,
and in no case more than the market value of an item temporarily provided to the worker by the
labor pool should the worker willfully fail to return such item;
o More than actual cost or market value, whichever is less, for items other than those referenced
above which the labor pool makes available for purchase;
o More than a reasonable amount to transport a worker to or from the designated worksite, and in no
case more than $1.50 each way; or
o For directly or indirectly cashing a worker’s check.
 Requesting or requiring that any day laborer sign any document waiving statutory protections under the
Act.
 Charging more than the actual cost of providing lunch, if the labor pool provides lunch at the worksite, or
from making the purchase of lunch a condition of employment.7
 Restricting a day laborer’s right to accept a permanent position with a third-party user to whom the
laborer is referred for temporary work, or to restrict the right of a third-party user to offer employment to
an employee of the labor pool.8

Requirements
The Act requires labor pools to:
 If operating a labor hall, provide the following facilities for a worker waiting at the hall for a job
assignment:9
o Restroom facilities;
o Drinking water; and
o Sufficient seating.
 Select one of the following methods to pay a day laborer for work performed:10
o Cash;
o Commonly accepted negotiable instruments that are payable in cash, on demand at a financial
institution, and without discount;
o Payroll debit card; or
o Electronic fund transfer made to a financial institution designated by the day laborer.

4 s. 448.23, F.S.
5 S. 448.24(1), F.S.
6 “Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not

longer than the time period required to complete the temporary assignment for which the individual worker was hired,
although an individual may be eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
7 S. 448.24(4), F.S.
8 S. 448.24(6), F.S.
9 S. 448.24(5), F.S.
10 S. 448.24(2), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
 Notify a day laborer of the payment method that the labor pool intends to use and the day laborer’s options
to elect a different payment method.11
 If selecting to pay a day laborer by payroll debit card:12
o Offer the day laborer the option to elect payment by electronic fund transfer; and
o Provide the day laborer with a list, including the address, of a nearby business that does not charge
a fee to withdraw the debit card’s contents.
 Compensate day laborers at or above the minimum wage.13
 Comply with the Workers’ Compensation Law in ch. 440, F.S.14
 Insure any motor vehicle owned or operated by the labor pool and used for worker transportation.15
 Furnish each worker with a written itemized statement showing in detail each wage deduction.16
 Give each worker an annual earnings statement summary.17

Remedies
Under the Act, any worker affected by a violation of the provisions relating to labor pool duties and obligations
may file a lawsuit against the labor pool.18 In any such lawsuit, the worker must serve the labor pool with written
notice of the alleged violation, which notice must include a statement that the failure of the labor pool to timely
cure the alleged violation may result in the filing of a lawsuit, and give the labor pool a reasonable opportunity to
cure the alleged violation within 60 days.19 Where a lawsuit is ultimately filed, the lawsuit:
 Must be filed within 1 year after the date the notice of an alleged violation is served; and
 Is exclusive and prohibits the worker from pursuing any other available legal remedy.20

Further, workers prevailing in such lawsuits are authorized to recover actual and consequential damages, or
$1,000, whichever is greater, for each violation, and costs.21

Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections.22 In 1938, the FLSA established a minimum wage of $.25 an hour. The
current federal minimum wage rate is $7.25 an hour, which went into effect July 24, 2009. The FLSA applies to
employment within any state in the U.S., the District of Columbia, or any territory or possession of the U.S.23

The FLSA covers most private and public sector employees. However, certain employers and employees are
exempt from coverage, including individuals with disabilities, youth workers, tipped workers, and executive,
administrative, and professional workers. The FLSA covers businesses if the business has annual sales of at least
$500,000.24 It also covers certain individual employees if such employee is engaged in interstate commerce.

11 Id.
12 Id.
13 Id.
14 Id.
15 Id.
16 Id.
17 Id.
18 S. 448.25, F.S.
19 Id.
20 Id.
21 Id.
22
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
23
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited Apr. 10, 2025). (The main FLSA provisions and accompanying
Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws and federal child labor
law.).
24
The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all business
activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
The FLSA provides that if states enact worker protections, including minimum wage rates, that are more protective
of employees than what is provided by the FLSA, the state law applies.25 Consequently, no state law may weaken
the worker protections in the FLSA. However, state laws that impose greater worker protections will supersede
those in the FLSA.26

Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage greater than
the federal minimum wage. Thirteen states provide a minimum wage that is equal to the federal minimum wage.
Five states have not adopted a minimum wage and two states have a minimum wage that is below the federal
minimum wage.27 For those seven states without a minimum wage, or with a minimum wage that is below the
federal minimum wage, the federal minimum wage applies, but only as to those workers covered by the FLSA.

The US Department of Labor, Wage and Hour Division provides the following information regarding the application
of the minimum wage, overtime pay, and recordkeeping requirements of the FLSA to low-wage employees earning
wages by the day, commonly known as day laborers:28
 Minimum Wage: FLSA covered employers must pay day laborers at least the applicable minimum wage for
all hours worked regardless of whether the worker is paid by the hour, the day, or at a piece rate. The
minimum wage for covered nonexempt employees is $7.25 an hour effective July 24, 2009. (Certain State
rates may be higher.)
 Hours Worked: Employers must pay day laborers for all work performed, whether or not the employer
approves the work in advance. In general, “hours worked” includes all time an employee must be on duty,
or at the place of work. Normally, time spent in training, traveling from site to site during the day, and
doing repair work must be paid.
 Overtime: Normally, employers must pay time and one-half of the worker’s regular rate of pay after 40
hours of work in a 7-day workweek.
 Recordkeeping: Records must be kept by employers of all wages paid and of all hours worked, regardless
of where the work is performed. Workers should keep a record of their employer’s name, address, phone
number, the hours they worked, and any payments received.

RECENT LEGISLATION:

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

2023 CS/HB 895 Basabe Perry The bill became law on July 1,
2023.

25
29 U.S.C. §218.
26
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 8,
2023, https://crsreports.congress.gov/product/pdf/R/R42713, (last visited Apr. 10, 2025).
27
U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited
Apr. 10, 2025).
28 US Department of Labor, Fact Sheet #61: Day Laborers Under the Fair Labor Standards Act (FLSA),

https://www.dol.gov/agencies/whd/fact-sheets/61-flsa-day-
laborers#:~:text=FLSA%20covered%20employers%20must%20pay,State%20rates%20may%20be%20higher.) (last visited
Apr. 10, 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 8 Y, 4 N 3/26/2025 Anstead Thompson
Subcommittee
Civil Justice & Claims 11 Y, 3 N 4/10/2025 Jones Mawn
Subcommittee
Commerce Committee Hamon Thompson

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 6033 2025

1 A bill to be entitled
2 An act relating to the Labor Pool Act; repealing ss.
3 448.20, 448.21, 448.22, 448.23, 448.24, 448.25, and
4 448.26, F.S., relating to short title; legislative
5 intent; definitions; exclusions; duties and rights;
6 remedies, damages, and costs; and application,
7 respectively; amending ss. 443.101 and 448.111, F.S.;
8 conforming provisions to changes made by the act;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Sections 448.20, 448.21, 448.22, 448.23,
14 448.24, 448.25, and 448.26, Florida Statutes, are repealed.
15 Section 2. Subsection (10) of section 443.101, Florida
16 Statutes, is amended to read:
17 443.101 Disqualification for benefits.—An individual shall
18 be disqualified for benefits:
19 (10) Subject to the requirements of this subsection, if
20 the claim is made based on the loss of employment as a leased
21 employee for an employee leasing company or as a temporary
22 employee for a temporary help firm.
23 (a) As used in this subsection, the term:
24 1. "Temporary help firm" means a firm that hires its own
25 employees and assigns them to clients to support or supplement

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hb6033-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 6033 2025

26 the client's workforce in work situations such as employee
27 absences, temporary skill shortages, seasonal workloads, and
28 special assignments and projects, and includes a labor pool as
29 defined in s. 448.22. The term also includes a firm created by
30 an entity licensed under s. 125.012(6), which hires employees
31 assigned by a union for the purpose of supplementing or
32 supporting the workforce of the temporary help firm's clients.
33 The term does not include employee leasing companies regulated
34 under part XI of chapter 468.
35 2. "Temporary employee" means an employee assigned to work
36 for the clients of a temporary help firm. The term also includes
37 a day laborer performing day labor, as defined in s. 448.22, who
38 is employed by a labor pool as defined in s. 448.22.
39 3. "Leased employee" means an employee assigned to work
40 for the clients of an employee leasing company regulated under
41 part XI of chapter 468.
42 (b) A temporary or leased employee is deemed to have
43 voluntarily quit employment and is disqualified for benefits
44 under subparagraph (1)(a)1. if, upon conclusion of his or her
45 latest assignment, the temporary or leased employee, without
46 good cause, failed to contact the temporary help or employee-
47 leasing firm for reassignment, if the employer advised the
48 temporary or leased employee at the time of hire and that the
49 leased employee is notified also at the time of separation that
50 he or she must report for reassignment upon conclusion of each

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hb6033-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 6033 2025

51 assignment, regardless of the duration of the assignment, and
52 that reemployment assistance benefits may be denied for failure
53 to report. For purposes of this section, the time of hire for a
54 day laborer is upon his or her acceptance of the first
55 assignment following completion of an employment application
56 with the labor pool. The labor pool as defined in s. 448.22(1)
57 must provide notice to the temporary employee upon conclusion of
58 the latest assignment that work is available the next business
59 day and that the temporary employee must report for reassignment
60 the next business day. The notice must be given by means of a
61 notice printed on the paycheck, written notice included in the
62 pay envelope, or other written notification at the conclusion of
63 the current assignment.
64 Section 3. Subsection (2) of section 448.111, Florida
65 Statutes, is amended to read:
66 448.111 Evidentiary standards for actions of a business
67 during an emergency.—
68 (2) Notwithstanding any other law, the following actions
69 of a business, if taken during a public health emergency
70 declared by the State Health Officer under s. 381.00315 or a
71 state of emergency declared by the Governor under s. 252.36, may
72 not be used as evidence in a civil cause of action brought under
73 s. 440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s.
74 448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil
75 cause of action, as provided for under general law, to recover

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HB 6033 2025

76 lost wages, salary, employment benefits, or other compensation,
77 because an individual has not been properly classified as an
78 employee:
79 (a) Providing financial assistance to previously engaged
80 individuals who are unable to work because of health and safety
81 concerns.
82 (b) Directly providing benefits that are related to the
83 health and safety of engaged individuals, including medical or
84 cleaning supplies, personal protective equipment, health checks,
85 or medical testing.
86 (c) Providing training or information related to the
87 health and safety of engaged individuals or the public.
88 (d) Taking any action, including action required or
89 suggested by any federal, state, or local law, ordinance, order,
90 or directive which is intended to protect public health and
91 safety.
92 Section 4. This act shall take effect July 1, 2025.

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hb6033-00
CS/HB 7029
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 7029 COMPANION BILL: None
TITLE: Taxation of Hemp Consumable THC Products LINKED BILLS: HB 7027 Salzman, Trabulsy
SPONSOR(S): Salzman RELATED BILLS: None
Committee References
Orig. Comm.: Housing, Agriculture Budget Commerce
& Tourism  28 Y, 0 N, As CS 
15 Y, 0 N

SUMMARY
Effect of the Bill:
The bill creates a new excise tax on the retail sale of hemp consumable THC products. The tax for such products is
15% of the sales price when sold at retail.

Fiscal or Economic Impact:
The bill will have an indeterminate recurring positive impact on General Revenue and state trust funds.

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

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill creates a new excise tax on the retail sale of hemp consumable THC products. The tax on such products is
15% of the sales price of such products when sold at retail. (Section 3)

“Hemp consumable THC product” is defined as a substance or compound intended for ingestion or inhalation,
containing more than trace amounts of a cannabinoid which is derived from, consists of, or contains hemp or
psychotropic cannabinoids.1 A hemp consumable THC product may not contain controlled substances listed in s.
893.03, F.S. (Section 2)

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

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

The bill requires persons seeking to engage in business as a retail seller of hemp consumable THC products to
register with the Department of Agriculture and Consumer Services (DACS) as a dealer. (Section 4)

1 “Psychotropic cannabinoid” means any cannabinoid, including synthetic cannabinoids, that causes or may cause a

psychotropic effect when ingested or inhaled. The term includes delta-8-tetrahydrocannabinol, delta-10-
tetrahydrocannabinol, hexahydrocannabinol, tetrahydrocannabinol acetate, tetrahydrocannabiphorol,
tetrahydrocannabivarin, and any other cannabinoid defined as psychotropic by DACS.
STORAGE NAME: h7029a.COM
DATE: 4/21/2025
1
The bill provides that the first $6 million collected on the taxes for hemp consumable THC products must be
deposited in DACS’ General Inspection Trust Fund for enforcement of the state hemp program and the testing of
hemp consumable THC products. The remainder must be deposited into the General Revenue Fund. (Section 6)

The bill provides the legislative framework for administration of the tax, including specifying return filing and
payment requirements for dealers, specifying the records required to be kept by dealers, providing DACS authority
to audit the books and records of dealers to ensure compliance with the provisions of the bill and specifying other
powers provided to DACS for the administration and enforcement of the tax created by the bill. (Multiple Sections)

The bill provides that it takes effect on January 1, 2026, if HB 7027 or similar legislation becomes law, except as
otherwise provided in the bill. (Section 17)

RULEMAKING:
The bill authorizes DACS to adopt both emergency and permanent rules to implement and administer the
provisions of the bill.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The Revenue Estimating Conference has not estimated the potential impacts of the bill on state revenues. Staff
estimates that the bill will have an indeterminate recurring positive impact on General Revenue and state trust
funds.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Hemp
Section 1004.4473, F.S., authorized DACS to oversee the development of industrial hemp pilot projects for the
Institute of Food and Agricultural Sciences (IFAS) at the University of Florida, Florida Agricultural and Mechanical
University, any land grant university in the state that has a college of agriculture, and any Florida College System
institution or state university that has an established agriculture, engineering, or pharmacy program.2

The purpose of the pilot projects was to cultivate, process, test, research, create, and market safe and effective
commercial applications for industrial hemp in the agricultural sector in this state.3

In the Agricultural Improvement Act of 2018 (2018 Farm Bill), the U.S. Congress legalized industrial hemp as an
agricultural product by removing hemp’s classification as a controlled substance.4 The 2018 Farm Bill defined
“hemp” to mean:

[T]he plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or
not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry
weight basis.5

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

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
The 2018 Farm Bill allows a state department of agriculture or an Indian tribe to submit a plan to the United States
Secretary of Agriculture and apply for primary regulatory authority over the production of hemp in their state or
tribal territory.6

In 2019, the Legislature created the state hemp program within DACS to regulate the cultivation, distribution, and
sale of hemp in Florida.7

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

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

Consumable Hemp

The state hemp program defines “hemp extract” to mean

[A] substance or compound intended for ingestion, containing more than trace amounts of
cannabinoid, or for inhalation which is derived from or contains hemp, and which does not
contain other controlled substances.” The term does not include synthetic cannabidiol or seeds or
seed-derived ingredients that are generally recognized as safe by the United States Food and Drug
Administration. Products that are intended for inhalation and contain hemp extract may not be sold
to a person who is under 21 years of age.8

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

DACS is the agency responsible for the enforcement of the production, manufacture, transportation, and sale of
food. DACS’s Division of Food Safety (Division) is directly responsible for assuring the public of a safe, wholesome,
and properly represented food supply.9

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

DACS, as part of its responsibilities, can impose a variety of disciplinary actions against food establishments for
specified violations.10 This includes, but is not limited to, revoking or suspending the permit of a food
establishment11 or imposing Class III12 administrative fines.13 DACS, or its duly authorized agent, can also issue and
enforce a stop-sale, stop-use, removal, or hold order if DACS or its agent finds that any food, food processing
equipment, food processing area, or food storage area is in violation of the Florida Food Safety Act.14

6 Agricultural Improvement Act of 2018, Pub. L. No. 115-334, s. 10113, 132 Stat. 409 (2018) (codified at 7 U.S.C. s. 1639p).
7 Section 581.217, F.S.
8 Section 581.217(7)(d), F.S. (emphasis supplied)
9
DACS, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited March 29, 2025).
10
Section 500.121(1), F.S.
11
Id.
12
The fine for each Class III violation cannot exceed $10,000. Section 570.971(1)(c), F.S.
13
Section 500.121(1), F.S.
14
Section 500.172(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Taxes

Currently, there are no excise taxes on the sale of consumable hemp products in Florida. However, 23 states have
enacted a tax on the sales of products containing THC.15

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Housing, Agriculture 15 Y, 0 N 4/1/2025 Curtin Brackett
& Tourism Subcommittee
Budget Committee 28 Y, 0 N, As CS 4/16/2025 Pridgeon Trexler

THE CHANGES ADOPTED BY THE  Removes the wholesale excise tax on hemp consumable THC products,
COMMITTEE: established to be 60% of the wholesale price except beverages; $2.25
per gallon for beverages sold in bulk; and $0.29 per pint or fraction
thereof for beverages sold in containers of less than one gallon.
 Adds a retail excise tax on hemp consumable THC products, established
to be 15% of the sales price.
 Adds a framework for administration of the tax, including specifying
return filing and payment requirements for dealers, specifying the
records required to be kept by dealers, providing DACS authority to
audit the books and records of dealers to ensure compliance with the
provisions of the bill and specifying other powers provided to DACS for
the administration and enforcement of the tax.
 Changes the effective date from the same date that HB 7027 or similar
legislation takes effect to January 1, 2026, contingent upon HB 7027 or
similar legislation becoming law, except as otherwise provided in the
bill.
Commerce Committee Hamon Brackett

15 Adam Hoffer and Jacob Macumber-Rosin, Recreational Marijuana Taxes by State, 2024,

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

CS/HB 7029 2025

1 A bill to be entitled
2 An act relating to the taxation of hemp consumable THC
3 products; amending s. 212.02, F.S.; revising the
4 definition of term "sales price"; creating s. 581.222,
5 F.S.; providing definitions; creating s. 581.223,
6 F.S.; providing legislative findings; providing for
7 excise taxes on hemp consumable THC products; creating
8 s. 581.224, F.S.; requiring dealers of hemp consumable
9 THC products to file a certificate of registration
10 application with the Department of Agriculture and
11 Consumer Services; defining the term "active dealer";
12 creating s. 581.225, F.S.; providing for the payment
13 and collection of excise taxes on hemp consumable THC
14 products; defining the term "recurring sales to a
15 purchaser in the normal course of business"; creating
16 s. 581.226, F.S.; providing for the allocation and
17 disposition of proceeds of excise taxes on hemp
18 consumable THC products; creating s. 581.227, F.S.;
19 providing for returns and remittance of such taxes;
20 creating s. 581.2275, F.S.; providing penalties;
21 creating s. 581.228, F.S.; providing powers of the
22 Department of Agriculture and Consumer Services;
23 creating s. 581.229, F.S.; requiring that payment of
24 hemp consumable THC product excise taxes and filing of
25 such excise tax returns be made by electronic funds

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26 transfer and electronic data interchange,
27 respectively; creating s. 581.231, F.S.; declaring
28 that excise taxes on hemp consumable THC products are
29 government funds; providing for certain penalties and
30 warrants; creating s. 581.232, F.S.; providing record
31 keeping, inspection, and audit requirements for
32 dealers of hemp consumable THC products; creating s.
33 581.233, F.S.; providing powers of the department in
34 dealing with tax payment delinquencies; creating s.
35 581.234, F.S.; providing procedures for fraudulent tax
36 activities; creating s. 581.235, F.S.; providing
37 circuit court jurisdiction for violations; authorizing
38 the Department of Consumer and Agriculture Services to
39 adopt emergency rules; providing contingent effective
40 dates.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (16) of section 212.02, Florida
45 Statutes, is amended to read:
46 212.02 Definitions.—The following terms and phrases when
47 used in this chapter have the meanings ascribed to them in this
48 section, except where the context clearly indicates a different
49 meaning:
50 (16) "Sales price" means the total amount paid for

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51 tangible personal property, including any services that are a
52 part of the sale, valued in money, whether paid in money or
53 otherwise, and includes any amount for which credit is given to
54 the purchaser by the seller, without any deduction therefrom on
55 account of the cost of the property sold, the cost of materials
56 used, labor or service cost, interest charged, losses, or any
57 other expense whatsoever. "Sales price" also includes the
58 consideration for a transaction which requires both labor and
59 material to alter, remodel, maintain, adjust, or repair tangible
60 personal property. Trade-ins or discounts allowed and taken at
61 the time of sale shall not be included within the purview of
62 this subsection. "Sales price" also includes the full face value
63 of any coupon used by a purchaser to reduce the price paid to a
64 retailer for an item of tangible personal property; where the
65 retailer will be reimbursed for such coupon, in whole or in
66 part, by the manufacturer of the item of tangible personal
67 property; or whenever it is not practicable for the retailer to
68 determine, at the time of sale, the extent to which
69 reimbursement for the coupon will be made. The term "sales
70 price" does not include federal excise taxes imposed upon the
71 retailer on the sale of tangible personal property. The term
72 "sales price" does include federal manufacturers' excise taxes,
73 even if the federal tax is listed as a separate item on the
74 invoice. To the extent required by federal law, the term "sales
75 price" does not include charges for Internet access services

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76 which are not itemized on the customer's bill, but which can be
77 reasonably identified from the selling dealer's books and
78 records kept in the regular course of business. The dealer may
79 support the allocation of charges with books and records kept in
80 the regular course of business covering the dealer's entire
81 service area, including territories outside this state. The term
82 "sales price" does not include the excise tax imposed under s.
83 581.223.
84 Section 2. Section 581.222, Florida Statutes, is created
85 to read:
86 581.222 Definitions.—
87 (1) "Dealer" means a person authorized to sell hemp
88 consumable THC products under s. 581.217(7) and registered with
89 the department as a retail seller of hemp consumable THC
90 products in this state.
91 (2) "Hemp consumable THC product" has the same meaning as
92 in s. 581.217(3).
93 (3) "Retail sale" means the sale of hemp consumable THC
94 products for any purpose other than for resale. However, any
95 sale for resale must comply with s. 581.225(2) and the rules
96 adopted thereunder.
97 (4) "Sale" means any transfer of title or possession, or
98 both, exchange, or barter, in any manner or by any means
99 whatsoever, of hemp consumable THC products for a consideration.
100 (5) "Sales price" means the total amount charged in money

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101 or other consideration by a dealer for the sale of hemp
102 consumable THC products, but does not include any sales tax
103 imposed and charged pursuant to chapter 212.
104 Section 3. Section 581.223, Florida Statutes, is created
105 to read:
106 581.223 Excise tax on hemp consumable THC products.—
107 The Legislature finds that every person who engages in the
108 business of selling hemp consumable THC products at retail in
109 this state is exercising a taxable privilege. For the exercise
110 of such taxable privilege, a tax is levied on each taxable
111 transaction and is due and payable at the rate of 15 percent of
112 the sales price of the hemp consumable THC product when sold at
113 retail in this state.
114 Section 4. Section 581.224, Florida Statutes, is created
115 to read:
116 581.224 Registration.—
117 (1) Each person seeking to engage in business as a dealer
118 of hemp consumable THC products must file with the department an
119 application for a certificate of registration.
120 (2) A person may not engage in the business of selling
121 hemp consumable THC products at retail in this state without
122 first obtaining a certificate of registration. The failure or
123 refusal to submit an application by any person required to
124 register, as required by this section, is a misdemeanor of the
125 first degree, punishable as provided in s. 775.082 or s.

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126 775.083. Any person who fails or refuses to register shall pay
127 an initial registration fee of $100. However, this fee may be
128 waived by the department if the failure is due to reasonable
129 cause.
130 (3)(a) An application for a certificate of registration
131 must be completed by the dealer of hemp consumable THC products
132 before engaging in business. The application for a certificate
133 of registration must contain the information required by rule of
134 the department.
135 (b) The department, upon receipt of a completed
136 application, shall issue a certificate of registration to the
137 applicant.
138 (4) Each application required by paragraph (3)(a) must set
139 forth:
140 (a) The name under which the person will transact business
141 within this state.
142 (b) The street address of his or her principal office or
143 place of business within this state and of the location where
144 records are available for inspection.
145 (c) The name and complete residence address of the owner
146 or the names and residence addresses of the partners, if the
147 applicant is a partnership, or of the principal officers, if the
148 applicant is a corporation or association. If the applicant is a
149 corporation organized under the laws of another state,
150 territory, or country, he or she must also file with the

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151 application a certified copy of the certificate or license
152 issued by the Department of State showing that the corporation
153 is authorized to transact business in this state.
154 (d) Any other data required by the department.
155 (5) Certificates of registration issued by the department
156 are not assignable.
157 (6) In addition to the certificate of registration, the
158 department shall provide to each newly registered dealer an
159 initial resale certificate that is valid for the remainder of
160 the period of issuance. The department shall provide to each
161 active dealer an annual resale certificate. As used in this
162 section, the term "active dealer" means a person who is
163 registered with the department and who is required to file a
164 return at least once during each applicable reporting period.
165 (7) A certificate of registration issued by the department
166 may be revoked by the department or its designated agent when a
167 dealer fails to comply with this chapter. Before revoking a
168 dealer's certificate of registration, the department shall
169 schedule an informal conference at which the dealer may present
170 evidence regarding the department's intended revocation or enter
171 into a compliance agreement with the department. The department
172 shall notify the dealer of its intended action and of the time,
173 place, and date of the scheduled informal conference by written
174 notification sent by United States mail to the dealer's last
175 known address of record furnished by the dealer on a form

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176 prescribed by the department. The dealer must attend the
177 informal conference and present evidence refuting the
178 department's intended revocation or enter into a compliance
179 agreement with the department which resolves the dealer's
180 failure to comply with this chapter. The department shall issue
181 an administrative complaint under s. 120.60 if the dealer fails
182 to attend the department's informal conference, fails to enter
183 into a compliance agreement with the department resolving the
184 dealer's noncompliance with this chapter, or fails to comply
185 with the executed compliance agreement.
186 Section 5. Section 581.225, Florida Statutes, is created
187 to read:
188 581.225 Payment of excise taxes on hemp consumable THC
189 products.—The taxes imposed or administered under this chapter
190 shall be collected from all dealers on the sale at retail in
191 this state of hemp consumable THC products taxable under this
192 chapter.
193 (1)(a) The taxes collected under this chapter and chapter
194 203 shall be paid by the purchaser of the hemp consumable THC
195 products and shall be collected from such person by the dealer
196 of hemp consumable THC products.
197 (b) Each dealer of hemp consumable THC products selling
198 hemp consumable THC products in this state shall collect the
199 taxes imposed under this chapter from the purchaser of such
200 products, and such taxes must be stated separately from all

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201 other charges on the bill or invoice.
202 (2) Any dealer who makes a sale for resale shall document
203 the exempt nature of the transaction, as established by rules
204 adopted by the department, by retaining a copy of the
205 purchaser's initial or annual resale certificate issued pursuant
206 to s. 581.224(6). In lieu of maintaining a copy of the
207 certificate, a dealer may document, before the time of sale, an
208 authorization number provided telephonically or electronically
209 by the department or by such other means established by rule of
210 the department. The dealer may rely on an initial or annual
211 resale certificate issued pursuant to s. 581.224(6), valid at
212 the time of receipt from the purchaser, without seeking
213 additional annual resale certificates from such purchaser, if
214 the dealer makes recurring sales to the purchaser in the normal
215 course of business on a continual basis. For purposes of this
216 paragraph, the term "recurring sales to a purchaser in the
217 normal course of business" means sales in which the dealer
218 extends credit to the purchaser and records the debt as an
219 account receivable, or in which the dealer sells to a purchaser
220 who has an established cash account, similar to an open credit
221 account. For purposes of this paragraph, purchases are made from
222 a selling dealer on a continual basis if the selling dealer
223 makes, in the normal course of business, sales to the purchaser
224 no less frequently than once in every 12-month period. A person
225 who makes a sale for resale which is not in compliance with

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226 these rules is liable for any tax, penalty, and interest due for
227 failing to comply, to be calculated pursuant to s.
228 581.2275(2)(a).
229 (3)(a) A dealer must compute the tax due on the sale of
230 consumable hemp THC products imposed pursuant to this chapter
231 based on a rounding algorithm that meets the following criteria:
232 1. The computation of the tax must be carried to the third
233 decimal place.
234 2. The tax must be rounded to the whole cent using a
235 method that rounds up to the next cent whenever the third
236 decimal place is greater than four.
237 (b) A dealer may apply the rounding algorithm to the
238 aggregate tax amount computed on all taxable items on an invoice
239 or to the taxable amount on each individual item on the invoice.
240 (4) Each purchaser of hemp consumable THC products is
241 liable for the taxes imposed under this chapter. The purchaser's
242 liability is not extinguished until the tax has been paid to the
243 department, except that proof of payment of the tax to a dealer
244 of hemp consumable THC products engaged in business in this
245 state is sufficient to relieve the purchaser from further
246 liability for the tax.
247 Section 6. Section 581.226, Florida Statutes, is created
248 to read:
249 581.226 Allocation and disposition of tax proceeds.—The
250 proceeds of the taxes remitted under this chapter shall be

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251 treated as follows:
252 (1) The first $6 million collected must be deposited into
253 the department's General Inspection Trust Fund to be used for
254 the enforcement of ss. 581.217-581.224 and the testing of hemp
255 consumable THC products.
256 (2) The remainder of the moneys collected under this
257 section must be deposited into the General Revenue Fund.
258 Section 7. Section 581.227, Florida Statutes, is created
259 to read:
260 581.227 Returns.—
261 (1) For the purpose of ascertaining the amount of tax
262 payable under this chapter, each dealer must file a return and
263 remit the taxes required to be collected in any calendar month
264 to the department, on or before the 20th day of the subsequent
265 month, upon forms prepared and furnished by the department or in
266 a format prescribed by it. The department shall, by rule,
267 prescribe the information to be furnished by taxpayers on such
268 returns.
269 (2) The department shall accept returns, except those
270 required to be initiated through an electronic data interchange,
271 as timely if postmarked on or before the 20th day of the month;
272 if the 20th day falls on a Saturday, Sunday, or federal or state
273 legal holiday, returns are timely if postmarked on the next
274 succeeding workday. Each dealer shall file a return for each tax
275 period even though taxes are not due for such period.

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276 (3) Whenever returns are required to be made to the
277 department, the full amount of the taxes required to be paid as
278 shown by the return must be paid and accompany the return, and
279 the failure to remit the full amount of taxes at the time of
280 making the return shall cause the taxes to become delinquent.
281 All taxes and all interest and penalties imposed or administered
282 under this chapter must be remitted to the department at
283 Tallahassee or at another office designated by the department,
284 in the form required by the department.
285 (4) The department may require all returns of taxes under
286 this chapter to be accompanied by a written statement, by the
287 person or by an officer of any firm or corporation required to
288 pay such taxes, setting forth the facts that the department
289 requires in order to ascertain the amount of taxes that are due
290 and payable with the return. The filing of a return that is not
291 accompanied by payment is prima facie evidence of the wrongful
292 conversion of the money due. Any person or any duly authorized
293 corporation officer or agent, or members of any firm or
294 incorporated society or organization, who refuses to make a
295 return and pay the taxes due, as required by the department and
296 in the manner and in the form that the department requires, or
297 to state in writing that the return is correct to the best of
298 his or her knowledge and belief, as required by the department,
299 is subject to a penalty of 6 percent per annum of the amount due
300 and commits a misdemeanor of the first degree, punishable as

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301 provided in s. 775.082 or s. 775.083. The signing of a written
302 return has the same legal effect as if made under oath without
303 the necessity of appending an oath thereto.
304 (5) In addition to the contact person identified on the
305 return, each dealer obligated to collect and remit the tax
306 imposed under this chapter may at any time, and shall within 10
307 days after a request, designate a managerial representative to
308 whom the department shall direct any inquiry regarding the
309 completeness or accuracy of the dealer's return when the
310 response provided by the contact person identified on the return
311 has been inadequate. When the representative designated under
312 this subsection is contacted by the department, the dealer shall
313 respond to the department within 30 days.
314 Section 8. Section 581.2275, Florida Statutes, is created
315 to read:
316 581.2275 Penalties.—
317 (1) The department shall adopt rules requiring the
318 information that it considers necessary to ensure that the taxes
319 levied or administered under this chapter are properly
320 collected, reviewed, compiled, reported, and enforced,
321 including, but not limited to, rules requiring the reporting of
322 the amount of gross sales; the amount of taxable sales; the
323 amount of tax collected or due; the amount of lawful refunds,
324 deductions, or credits claimed; the amount claimed as the
325 dealer's collection allowance; the amount of penalty and

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326 interest; and the amount due with the return.
327 (2)(a) Any person who is required to make a return or pay
328 the taxes imposed by this chapter who fails to timely file such
329 return or fails to pay the taxes due within the time required,
330 in addition to all other penalties provided by law, is subject
331 to a specific penalty in the amount of 10 percent of any unpaid
332 tax if the failure is for not more than 30 days, and an
333 additional 10 percent of any unpaid tax for each additional 30
334 days, or fraction thereof, during which the failure continues,
335 not to exceed a total penalty of 50 percent, in the aggregate,
336 of any unpaid tax.
337 (b) Any person who knowingly and with a willful intent to
338 evade any tax imposed under this chapter fails to file six
339 consecutive returns as required by law commits a felony of the
340 third degree, punishable as provided in s. 775.082 or s.
341 775.083.
342 (c) Any person who makes a false or fraudulent return with
343 a willful intent to evade payment of any tax imposed under this
344 chapter is liable, in addition to the other penalties provided
345 by law, for a specific penalty of 100 percent of the tax bill or
346 fee, and:
347 1. If the total amount of unreported taxes is less than
348 $300:
349 a. Such person commits, for the first offense, a
350 misdemeanor of the second degree, punishable as provided in s.

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351 775.082 or s. 775.083.
352 b. Such person commits, for the second offense, a
353 misdemeanor of the first degree, punishable as provided in s.
354 775.082 or s. 775.083.
355 c. Such person commits, for the third and subsequent
356 offenses, a felony of the third degree, punishable as provided
357 in s. 775.082, s. 775.083, or s. 775.084.
358 2. If the total amount of unreported taxes is $300 or more
359 but less than $20,000, such person commits a felony of the third
360 degree, punishable as provided in s. 775.082, s. 775.083, or s.
361 775.084.
362 3. If the total amount of unreported taxes is $20,000 or
363 more but less than $100,000, such person commits a felony of the
364 second degree, punishable as provided in s. 775.082, s. 775.083,
365 or s. 775.084.
366 4. If the total amount of unreported taxes is $100,000 or
367 more, such person commits a felony of the first degree,
368 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
369 Section 9. Section 581.228, Florida Statutes, is created
370 to read:
371 581.228 Powers of the department.—
372 (1) The department shall administer and enforce the
373 assessment and collection of the taxes, interest, and penalties
374 collected under or imposed by this chapter.
375 (2) The department may adopt rules to implement and

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376 administer the tax imposed under this chapter.
377 Section 10. Section 581.229, Florida Statutes, is created
378 to read:
379 581.229 Payment of taxes by electronic funds transfer;
380 filing of returns by electronic data interchange.—
381 (1) A dealer of hemp consumable THC products is required
382 to remit taxes by electronic funds transfer, in the manner
383 prescribed by the department, when the amount of tax paid by the
384 dealer under this chapter in the previous state fiscal year was
385 greater than or equal to $5,000.
386 (2)(a) A dealer who is required to remit taxes by
387 electronic funds transfer shall make a return in a manner that
388 is initiated through an electronic data interchange. The
389 department shall prescribe the acceptable method of transfer;
390 the method, form, and content of the electronic data
391 interchange, giving due regard to developing uniform standards
392 for formats as adopted by the American National Standards
393 Institute; the circumstances under which an electronic data
394 interchange will serve as a substitute for the filing of another
395 form of return; and the means, if any, by which taxpayers will
396 be provided with acknowledgments. The department must accept
397 such returns as timely if initiated and accepted on or before
398 the 20th day of the month. If the 20th day falls on a Saturday,
399 Sunday, or federal or state legal holiday, returns are timely if
400 initiated and accepted on the next succeeding workday.

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401 (b) The department may waive the requirement to make a
402 return through an electronic data interchange when problems
403 arise with respect to the taxpayer's computer capabilities, data
404 systems changes, or operating procedures. To obtain a waiver,
405 the taxpayer must prove to the department that such problems
406 exist.
407 (3)(a) The department shall design, prepare, print, and
408 furnish to all dealers, except dealers filing through electronic
409 data interchange, or make available or prescribe to the dealers
410 all necessary forms for filing returns and instructions to
411 ensure a full collection from dealers and an accounting for the
412 taxes due, but failure of any dealer to secure such forms does
413 not relieve the dealer of the obligation to pay the tax at the
414 time and in the manner required.
415 (b) The department shall prescribe the format and
416 instructions necessary for filing returns in a manner that is
417 initiated through an electronic data interchange to ensure a
418 full collection from dealers and an accounting for the taxes
419 due. The failure of any dealer to use such format does not
420 relieve the dealer of the obligation to pay the tax at the time
421 and in the manner required.
422 Section 11. Section 581.231, Florida Statutes, is created
423 to read:
424 581.231 Taxes declared to be government funds; penalties
425 for failure to remit taxes; warrants.—

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426 (1) The taxes collected under this chapter become
427 government funds from the moment of collection by the dealer.
428 (2) Any person who, with intent to unlawfully deprive or
429 defraud the state government of its moneys or the use or benefit
430 thereof, fails to remit taxes collected under this chapter is
431 guilty of the theft of government funds, punishable as follows:
432 (a) If the total amount of stolen revenue is less than
433 $300, the offense is a misdemeanor of the second degree,
434 punishable as provided in s. 775.082 or s. 775.083. For a second
435 offense, the offender is guilty of a misdemeanor of the first
436 degree, punishable as provided in s. 775.082 or s. 775.083. For
437 a third or subsequent offense, the offender is guilty of a
438 felony of the third degree, punishable as provided in s.
439 775.082, s. 775.083, or s. 775.084.
440 (b) If the total amount of stolen revenue is $300 or more,
441 but less than $20,000, the offense is a felony of the third
442 degree, punishable as provided in s. 775.082, s. 775.083, or s.
443 775.084.
444 (c) If the total amount of stolen revenue is $20,000 or
445 more, but less than $100,000, the offense is a felony of the
446 second degree, punishable as provided in s. 775.082, s. 775.083,
447 or s. 775.084.
448 (d) If the total amount of stolen revenue is $100,000 or
449 more, the offense is a felony of the first degree, punishable as
450 provided in s. 775.082, s. 775.083, or s. 775.084.

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451 (3) All taxes collected under this chapter must be
452 remitted to the department. In addition to criminal sanctions,
453 the department shall, when any tax becomes delinquent or is
454 otherwise in jeopardy under this chapter, issue a warrant for
455 the full amount of the tax due or estimated to be due, with the
456 interest, penalties, and cost of collection, directed to the
457 sheriffs of the state, and mail the warrant to the clerk of the
458 circuit court of the county where any property of the taxpayer
459 is located. Upon receipt of the warrant, the clerk of the
460 circuit court shall record it, and thereupon the amount of the
461 warrant becomes a lien on any real or personal property of the
462 taxpayer in the same manner as a recorded judgment. The
463 department may issue a tax execution to enforce the collection
464 of taxes imposed by this chapter and deliver it to any sheriff.
465 The sheriff shall thereupon proceed in the same manner as
466 prescribed by law for executions and shall be entitled to the
467 same fees for his or her services in executing the warrant to be
468 collected. The department may also have a writ of garnishment
469 with respect to any indebtedness due to the delinquent dealer by
470 a third person in any goods, money, chattels, or effects of the
471 delinquent dealer in the hands, possession, or control of the
472 third person. Upon payment of the execution, warrant, judgment,
473 or garnishment, the department shall satisfy the lien of record
474 within 30 days. If there is jeopardy to the revenue and jeopardy
475 is asserted in or with an assessment, the department shall

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476 proceed in the manner specified for jeopardy assessments in s.
477 213.732.
478 Section 12. Section 581.232, Florida Statutes, is created
479 to read:
480 581.232 Records required to be kept; power to inspect;
481 audit procedure.—
482 (1)(a) Each dealer shall secure, maintain, and keep for a
483 minimum of 10 years a complete record of hemp consumable THC
484 products sold at retail by the dealer, together with invoices,
485 records of gross receipts from such sales, and other pertinent
486 records and papers required by the department for the reasonable
487 administration of this chapter. All such records that are
488 located or maintained in this state must be made available for
489 inspection by the department at all reasonable hours at the
490 dealer's office or other place of business located in this
491 state. Any dealer who maintains such books and records outside
492 this state must make such books and records available for
493 inspection by the department wherever the dealer's general
494 records are kept. Any dealer subject to the provisions of this
495 chapter who violates this subsection is guilty of a misdemeanor
496 of the first degree, punishable as provided in s. 775.082 or s.
497 775.083. If, however, any subsequent offense involves
498 intentional destruction of such records with an intent to evade
499 payment of or deprive the government of any tax revenues, such
500 subsequent offense constitutes a felony of the third degree,

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501 punishable as provided in s. 775.082 or s. 775.083.
502 (b) For the purpose of this subsection, if a dealer does
503 not have adequate records of its sales of hemp consumable THC
504 products, the department may, upon the basis of a test or
505 sampling of the dealer's available records or other information
506 relating to the sales made by such dealer for a representative
507 period, determine the proper basis for assessing tax. This
508 subsection does not affect the duty of the dealer to collect, or
509 the liability of any consumer to pay, any tax imposed or
510 administered under this chapter.
511 (c) If the records of a dealer are adequate but
512 voluminous, the department may reasonably sample such records
513 and project the audit findings derived therefrom over the entire
514 audit period to determine the proper basis for assessing tax. In
515 order to conduct such a sample, the department must first make a
516 good faith effort to reach an agreement with the dealer which
517 provides for the means and methods to be used in the sampling
518 process. If an agreement is not reached, the dealer is entitled
519 to a review by the executive director or the executive
520 director's designee of the sampling method to be used by the
521 auditor.
522 (2) For the purpose of enforcement of this chapter, each
523 dealer shall allow the department to examine its books and
524 records at all reasonable hours; and, if the dealer refuses, the
525 department may petition the circuit court to order the dealer to

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526 permit such examination, subject to the right of removal of the
527 cause to the judicial circuit wherein such person's business is
528 located or wherein such person's books and records are kept.
529 (3)(a) The department shall send written notification, at
530 least 60 days before the date an auditor is scheduled to begin
531 an audit, informing the person of the audit. The department is
532 not required to give written notification 60 days before a
533 forthcoming audit whenever the person requests an emergency
534 audit.
535 (b) The written notification must specify:
536 1. The approximate date on which the auditor is scheduled
537 to begin the audit.
538 2. A reminder that all of the records, receipts, invoices,
539 resale certificates, and related documentation of the person
540 must be made available to the auditor.
541 3. Any other requests or suggestions that the department
542 considers necessary.
543 (c) Only records, receipts, invoices, resale certificates,
544 and related documentation that are available to the auditor when
545 the audit begins are acceptable for the purposes of the audit. A
546 resale certificate containing a date before the date the audit
547 begins constitutes acceptable documentation of the specific
548 transactions that occurred in the past.
549 (d) The provisions of this chapter concerning fraudulent
550 or improper records, receipts, invoices, resale certificates,

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551 and related documentation apply with respect to any audit.
552 (4) If a dealer retains records in machine-readable and
553 hard copy formats, upon a request by the department, the dealer
554 shall make the records available to the department in the
555 machine-readable format in which such records are retained. Any
556 dealer or other person who fails or refuses to provide such
557 records within 60 days after the department's request or any
558 extension thereof shall, in addition to all other penalties
559 provided by law, be subject to a specific penalty of $5,000 per
560 audit.
561 Section 13. Section 581.233, Florida Statutes, is created
562 to read:
563 581.233 Powers of department in dealing with delinquents;
564 tax to be separately stated.—
565 (1) If any dealer or other person fails to remit the tax,
566 or any portion thereof, on or before the day when the tax is
567 required by law to be paid, there will be added to the amount
568 due interest at the rate of 1 percent each month of the amount
569 due from the date due until paid. Interest on the delinquent tax
570 is to be calculated beginning on the 21st day of the month
571 following the month for which the tax is due, except as
572 otherwise provided in this chapter.
573 (2) All penalties and interest imposed by this chapter are
574 payable to and collectible by the department in the same manner
575 as if they were a part of the tax collected under this chapter.

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576 (3) If a dealer or other person fails or refuses to make
577 his or her records available for inspection so that an audit or
578 examination of his or her books and records cannot be made,
579 fails or refuses to register as a dealer, fails to make a report
580 and pay the tax as provided by this chapter, makes a grossly
581 incorrect report, or makes a report that is false or fraudulent,
582 the department shall make an assessment from an estimate based
583 upon the best information available to it for the taxable period
584 of retail sales of the dealer, together with any accrued
585 interest and penalties. The department shall then proceed to
586 collect the taxes, interest, and penalties on the basis of such
587 assessment, which shall be considered prima facie correct, and
588 the burden to show the contrary rests upon the dealer or other
589 person.
590 (4) For all invoices, each dealer who makes retail sales
591 of hemp consumable THC products shall add the amount of the
592 taxes imposed or administered under this chapter to the price of
593 the hemp consumable THC products sold by him or her and shall
594 state the taxes separately from the price of the hemp consumable
595 THC products and separately from any sales tax levied pursuant
596 to chapter 212.
597 (5) A dealer may not advertise or hold out to the public,
598 in any manner, directly or indirectly, that he or she will
599 absorb all or any part of the tax; that he or she will relieve
600 the purchaser of the payment of all or any part of the tax; that

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601 the tax will not be added to the selling price of the property
602 sold or released; or, when added, that it or any part thereof
603 will be refunded directly or indirectly by any method. A person
604 who violates this subsection with respect to advertising or
605 refund is guilty of a misdemeanor of the second degree,
606 punishable as provided in s. 775.082 or s. 775.083. A second or
607 subsequent offense constitutes a misdemeanor of the first
608 degree, punishable as provided in s. 775.082 or s. 775.083.
609 (6) Whenever in the construction, administration, or
610 enforcement of this chapter there is any question respecting a
611 duplication of the tax, the sale to the end consumer or last
612 retail sale is the sale to be taxed, and, insofar as is
613 practicable, there is to be no duplication or pyramiding of the
614 tax.
615 Section 14. Section 581.234, Florida Statutes, is created
616 to read:
617 581.234 Departmental powers; hearings; distress warrants;
618 bonds; subpoenas and subpoenas duces tecum.—
619 (1) Any person required to pay a tax imposed or
620 administered under this chapter or to make a return who renders
621 a return or makes a payment of a tax with intent to deceive or
622 defraud the government and prevent the government from
623 collecting the amount of taxes imposed or administered by this
624 chapter, or who otherwise fails to comply with this chapter for
625 the taxable period for which any return is made, any tax is

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626 paid, or any report is made to the department, may be required
627 by the department to show cause at a time and place to be set by
628 the department. The department shall provide written notice to a
629 person 10 days before the required production of such books,
630 records, or papers relating to the business of such person for
631 such tax period. The department may require such person or his
632 or her employees to give testimony under oath and answer
633 interrogatories respecting the sale of hemp consumable THC
634 products within this state, failure to make a true report
635 thereof, or failure to pay the true amount of the tax required
636 to be paid under this chapter. If such person fails to produce
637 such books, records, or papers or to appear and answer questions
638 within the scope of investigation relating to matters concerning
639 taxes to be imposed or administered under this chapter, or fails
640 to allow his or her agents or employees to give testimony, the
641 department may estimate any unpaid deficiencies in taxes to be
642 assessed against such person based on whatever information is
643 available to it and may issue a distress warrant for the
644 collection of such taxes, interest, or penalties estimated by
645 the department to be due and payable, and such assessment shall
646 be deemed prima facie correct. In such cases, the warrant shall
647 be issued to the sheriff of any county in the state where such
648 person owns or possesses any property, and the sheriff shall
649 seize such property as is required to satisfy any such taxes,
650 interest, or penalties and sell such property under the distress

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651 warrant in the same manner as property is permitted to be seized
652 and sold under distress warrants issued to secure the payment of
653 delinquent taxes. The department shall also have the right to
654 writ of garnishment to subject any indebtedness due to the
655 delinquent dealer by a third person in any goods, money,
656 chattels, or effects of the delinquent dealer in the hands,
657 possession, or control of the third person in the manner
658 provided by law. The person whose tax return or report is being
659 investigated may by written request to the department require
660 that the hearing be set at a place within the judicial circuit
661 wherein the person's business is located or wherein such
662 person's books and records are kept.
663 (2) Whenever it is necessary to ensure compliance with
664 this chapter, the department shall require a cash deposit, bond,
665 or other security as a condition to a person's obtaining or
666 retaining a dealer's certificate of registration under this
667 chapter. The bond must be in such form and amount as the
668 department deems appropriate under the particular circumstances.
669 Any person who fails to produce such cash deposit, bond, or
670 other security may not obtain or retain a dealer's certificate
671 of registration under this chapter. The Department of Legal
672 Affairs may seek an injunction, when requested by the
673 department, to prevent such person from doing business subject
674 to the provisions of this chapter until the cash deposit, bond,
675 or other security is posted with the department. Any security

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676 required to be deposited may be sold by the department at public
677 sale if it becomes necessary to do so in order to recover any
678 tax, interest, or penalty due. Notice of such sale may be served
679 personally or by mail upon the person who deposited the
680 security. Mailing the notice to the last known address appearing
681 on the records of the department constitutes adequate service.
682 Any proceeds of the sale exceeding the amount due under this
683 chapter must be returned to the person who deposited the
684 security.
685 (3) The department or any person authorized by it in
686 writing is authorized to make and sign assessments, tax
687 warrants, assignments of tax warrants, and satisfaction of tax
688 warrants.
689 (4)(a) The department may issue subpoenas or subpoenas
690 duces tecum compelling the attendance and testimony of witnesses
691 and the production of books, records, written materials, and
692 electronically recorded information. Subpoenas must be issued
693 with the written and signed approval of the executive director
694 or his or her designee on written and sworn application by any
695 employee of the department. The application must set forth the
696 reason for the application, the name of the person subpoenaed,
697 the time and place of appearance of the witness, and a
698 description of any books, records, or electronically recorded
699 information to be produced, together with a statement by the
700 applicant that the department has unsuccessfully attempted other

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701 reasonable means of securing information and that the testimony
702 of the witness or the written or electronically recorded
703 materials sought in the subpoena are necessary for the
704 collection of taxes, penalty, or interest or the enforcement of
705 the taxes levied or administered under this chapter. A subpoena
706 shall be served in the manner provided by law and by the Florida
707 Rules of Civil Procedure and shall be returnable only during
708 regular business hours and at least 20 calendar days after the
709 date of service of the subpoena. Any subpoena to which this
710 subsection applies must identify the taxpayer to whom the
711 subpoena relates and to whom the records pertain and must
712 provide other information to enable the person subpoenaed to
713 locate the records required under the subpoena. The department
714 shall give notice to the taxpayer to whom the subpoena relates
715 within 3 days after the day on which the service of the subpoena
716 is made. Within 14 days after service of the subpoena, the
717 person to whom the subpoena is directed may serve written
718 objection to the inspection or copying of any of the designated
719 materials. If objection is made, the department may not inspect
720 or copy the materials, except pursuant to an order of the
721 circuit court. If an objection is made, the department may
722 petition any circuit court for an order to comply with the
723 subpoena. The subpoena must contain a written notice of the
724 right to object to the subpoena. Every subpoena served upon the
725 witness or custodian of records must be accompanied by a copy of

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726 the provisions of this subsection. If a person refuses to obey a
727 subpoena or subpoena duces tecum, the department may apply to
728 any circuit court of this state to enforce compliance with the
729 subpoena. Witnesses are entitled to be paid a mileage allowance
730 and witness fees as authorized for witnesses in civil cases.
731 (b)1. If any subpoena is served on any person who is a
732 third-party recordkeeper and the subpoena requires the
733 production of any portion of the records made or kept of the
734 business transactions or affairs of any person other than the
735 person subpoenaed, notice of the subpoena must be given to any
736 person to whom the records pertain and to the taxpayer to whom
737 the subpoena relates. Such notice must be given within 3 days
738 after the day on which the service on the third-party
739 recordkeeper is made, if the department can at that time
740 identify the person to whom the records pertain. If the person
741 to whom the records pertain cannot be identified at the time of
742 issuance of the subpoena, the third-party recordkeeper shall
743 immediately inform the department of such person's identity, and
744 the department shall give notice to that person within 3 days
745 thereafter. The notice must be accompanied by a copy of the
746 subpoena that has been served and must contain directions for
747 staying compliance with the subpoena under subparagraph (c)2.
748 2. The notice is sufficient if, on or before the third
749 day, the notice is delivered in hand to the person entitled to
750 notice or is mailed by certified or registered mail to the last

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751 known mailing address of the person, or, in the absence of a
752 last known address, is left with the person subpoenaed.
753 3. As used in this subsection, the term "third-party
754 recordkeeper" means:
755 a. Any mutual savings bank, cooperative bank, domestic
756 building and loan association, or other savings institution
757 chartered and supervised as a savings and loan association or
758 similar association under federal or state law; a bank as
759 defined in s. 581 of the Internal Revenue Code; or any credit
760 union within the meaning of s. 501(c)(14)(A) of the Internal
761 Revenue Code.
762 b. Any consumer reporting agency as defined under s.
763 603(f) of the Fair Credit Reporting Act, 15 U.S.C. s. 1681a(f).
764 c. Any person extending credit through the use of credit
765 cards or similar devices.
766 d. Any broker as defined in s. 3(a)(4) of the Securities
767 Exchange Act of 1934, 15 U.S.C. s. 78c(a)(4).
768 e. Any attorney.
769 f. Any accountant.
770 g. Any barter exchange as defined in s. 6045(c)(3) of the
771 Internal Revenue Code.
772 h. Any regulated investment company as defined in s. 851
773 of the Internal Revenue Code.
774 4. This paragraph does not apply to a subpoena served on
775 the person with respect to whose liability the subpoena is

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776 issued or an officer or employee of the person; to a subpoena to
777 determine whether or not records of the business transactions or
778 affairs of an identified person have been made or kept; or to a
779 subpoena described in paragraph (f).
780 (c)1. Notwithstanding any other law, a person who is
781 entitled to notice of a subpoena under paragraph (b) and the
782 taxpayer to whom the subpoena relates have the right to
783 intervene in any proceeding with respect to the enforcement of
784 the subpoena under paragraph (a).
785 2. Notwithstanding any other law, a person who is entitled
786 to notice of a subpoena under paragraph (b) and the taxpayer to
787 whom the subpoena relates have the right to stay compliance with
788 the subpoena if, within 14 days after the date notice is given
789 in the manner provided in subparagraph (b)2. and all of the
790 following apply:
791 a. Notice of intent to stay the subpoena is given in
792 writing to the person subpoenaed.
793 b. A copy of the notice of intent to stay the subpoena is
794 mailed by registered or certified mail to the person and to the
795 department.
796 c. Suit is filed against the department in the circuit
797 court to stay compliance with the subpoena.
798 (d) An examination of any records required to be produced
799 under a subpoena as to which notice is required under paragraph
800 (b) may not be made:

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801 1. Before the expiration of the 14-day period allowed for
802 the notice of intent to stay under subparagraph (c)2.; or
803 2. If the requirements of subparagraph (c)2. have been
804 met, except in accordance with an order issued by the circuit
805 court authorizing examination of the records or with the consent
806 of the person staying compliance.
807 (e) Any subpoena issued under paragraph (a) which does not
808 identify the person with respect to whose liability the subpoena
809 is issued may be served only after a proceeding in any circuit
810 court in which the department establishes all of the following:
811 1. The subpoena relates to the investigation of a
812 particular person or ascertainable group or class of persons.
813 2. There is reasonable basis for believing that the person
814 or group or class of persons may fail or may have failed to
815 comply with any provision of state law.
816 3. The information sought to be obtained from the
817 examination of the records and the identity of the person or
818 persons with respect to whose liability the subpoena is issued
819 is not readily available from other sources.
820 (f) In the case of a subpoena issued under paragraph (a),
821 the provisions of subparagraph (b)1., and paragraph (c) do not
822 apply if, upon petition by the department, a circuit court
823 determines, on the basis of the facts and circumstances alleged,
824 that there is reasonable cause to believe that the giving of
825 notice may lead to attempts to conceal, destroy, or alter

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826 records relevant to the examination, may prevent the
827 communication of information from other persons through
828 intimidation, bribery, or collusion, or may result in flight to
829 avoid prosecution, testifying, or production of records.
830 (g)1. Any circuit court has jurisdiction to hear and
831 determine proceedings brought under paragraph (e) or paragraph
832 (f). The determinations required to be made under paragraphs (e)
833 and (f) shall be ex parte and shall be made solely upon the
834 petition and supporting affidavits. An order denying the
835 petition shall be deemed a final order that may be appealed.
836 2. Except for cases that the court considers of great
837 importance, any proceeding brought for the enforcement of any
838 subpoena or any proceeding under this subsection, and any appeal
839 therefrom, takes precedence on the docket over all cases and
840 shall be assigned for hearing and decided at the earliest
841 practicable date.
842 (h) The department shall by rule establish the rates and
843 conditions for payments to reimburse reasonably necessary costs
844 directly incurred by third-party recordkeepers in searching for,
845 reproducing, or transporting books, papers, records, or other
846 data required to be produced by subpoena upon request of the
847 department. The reimbursement shall be in addition to any
848 mileage allowance and fees paid under paragraph (a).
849 (i)1. Except as provided in subparagraph 2., an action
850 initiated in circuit court under this subsection must be filed

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851 in the circuit court in the county where:
852 a. The taxpayer to whom the subpoena relates resides or
853 maintains his or her principal commercial domicile in this
854 state;
855 b. The person subpoenaed resides or maintains his or her
856 principal commercial domicile in this state; or
857 c. The person to whom the records pertain resides or
858 maintains his or her principal commercial domicile in this
859 state.
860 2. Venue in an action initiated in circuit court under
861 this subsection by a person who is not a resident of this state
862 or does not maintain a commercial domicile in this state rests
863 in Leon County.
864 3. Venue in an action initiated in circuit court pursuant
865 to paragraph (e) rests in the Second Judicial Circuit Court in
866 and for Leon County.
867 Section 15. Section 581.235, Florida Statutes, is created
868 to read:
869 581.235 Jurisdiction; dealers not qualified to do business
870 in this state.—
871 (1) All suits brought by the department against any dealer
872 for any violation of this chapter for the purpose of collecting
873 any tax due from the dealer, including garnishment proceedings,
874 regardless of the amount, must be brought in the circuit court
875 of this state having jurisdiction of the subject matter.

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876 (2) Each dealer who is not qualified to do business in
877 this state shall designate with the department an agent within
878 this state for service of process to enforce this chapter. If a
879 dealer fails to designate such an agent, the Secretary of State
880 or any agent or employee of the dealer within this state
881 constitutes the agent for the service of such process.
882 Section 16. Effective upon this act becoming a law, the
883 Department of Agriculture and Consumer Services may, and all
884 conditions are deemed met to, adopt emergency rules pursuant to
885 s. 120.54(4), Florida Statutes, to implement and administer this
886 act. Notwithstanding any other law, emergency rules adopted
887 pursuant to this section are effective for 6 months after
888 adoption and may be renewed during the pendency of procedures to
889 adopt permanent rules addressing the subject of the emergency
890 rules. This section expires July 1, 2027.
891 Section 17. Except as otherwise expressly provided in this
892 act and except for this section, which shall take effect upon
893 becoming a law, this act shall take effect January 1, 2026, if
894 HB 7027 or similar legislation is adopted in the same
895 legislative session or an extension thereof and becomes a law.

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CS/HB 7029 by Rep. Salzman
Taxation of Hemp Consumable THC Products

AMENDMENT SUMMARY
April 22, 2025

Amendment 1 by Rep. Salzman (line 86):
• Defines “Commissioner” as Florida’s Commissioner of Agriculture.

Amendment 2 by Rep. Salzman (line 193):
• Makes a technical change by removing language referencing taxes collected under
chapter 203, which is not applicable to the bill.

Amendment 3 by Rep. Salzman (line 324):
• Makes a technical change by removing language referencing “dealer’s collection
allowance” which is not referenced anywhere else in the bill.

Amendment 4 by Rep. Salzman (line 519):
• Replaces “executive director” with “Commissioner.”

Amendment 5 by Rep. Salzman (line 693):
• Replaces “executive director” with “Commissioner.”
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 7029 (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 Salzman offered the following:
3
4 Amendment
5 Between lines 86 and 87, insert:
6 (1) “Commissioner” has the same meaning as in s. 570.02
7 (4).

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Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 7029 (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 Salzman offered the following:
3
4 Amendment
5 Remove lines 193-194 and insert:
6 (1)(a) The taxes collected under this chapter shall be
7 paid by the purchaser of the hemp consumable THC

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Published On: 4/21/2025 6:43:29 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 7029 (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 Salzman offered the following:
3
4 Amendment
5 Remove lines 324-325 and insert:
6 deductions, or credits claimed; the amount of penalty and

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Published On: 4/21/2025 6:45:48 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 7029 (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 Salzman offered the following:
3
4 Amendment
5 Remove lines 519-520 and insert:
6 to a review by the Commissioner or the Commissioner’s designee
7 of the sampling method to be used by the

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Published On: 4/21/2025 6:46:46 PM
Page 1 of 1
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 7029 (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 Salzman offered the following:
3
4 Amendment
5 Remove lines 693-694 and insert:
6 with the written and signed approval of the Commissioner or his
7 or her designee on written and sworn application by any

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Page 1 of 1
PCS for CS/CS/HB 247
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for CS/CS/HB 247 COMPANION BILL: CS/CS/CS/SB 184
TITLE: Housing LINKED BILLS: None
SPONSOR(S): Commerce Committee RELATED BILLS: None
Committee References
Orig. Comm.: Commerce

SUMMARY
Effect of the Bill:
The bill authorizes, but does not require, a landlord to accept a reusable tenant screening report from a prospective
tenant and prohibits a landlord who has accepted a reusable tenant screening report from a prospective tenant
from charging the prospective tenant an application screening fee or other fee associated with accessing the report.

Additionally, the bill requires local governments to adopt an ordinance to allow accessory dwelling units (ADUs) in
any area zoned for single-family residential use. The ordinance may regulate the permitting, construction, and use
of an ADU, subject to certain exceptions. The bill clarifies that an owner of a property with an ADU may not be
denied a homestead exemption on the basis of renting the ADU to another person, but that the ADU must be
assessed separately according to its use. The bill requires OPPAGA to assess the effectiveness of mezzanine finance,
or second-position short-term debt, to encourage the construction of owner-occupied affordable housing and the
potential for tiny homes to help meet the state’s affordable housing needs.

The bill also provides that the use as or conversion of single-family or two-family dwellings into certain mental
health support residences do not constitute a change of occupancy under the Florida Building Code nor may such
residences be reclassified for the purpose of enforcing the Florida Fire Prevention Code solely due to such use or
conversion.

Fiscal or Economic Impact:
The bill has an indeterminate impact on the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Reusable Tenant Screening Reports
The bill authorizes, but does not require, a landlord to accept a reusable tenant screening report from a
prospective tenant. (Section 1).

The bill defines a “reusable tenant screening report” as a consumer report that:
• Has been prepared within the previous 30 days by a consumer reporting agency at the request and expense
of a prospective tenant.
• Is made directly available to a landlord for use in the rental application process or is provided through a
third-party website that regularly engages in the business of providing a reusable tenant screening report
and complies with all the state and federal laws pertaining to use and disclosure of information contained
in a consumer report by a consumer reporting agency.

STORAGE NAME: PCS0247.COM
DATE: 4/21/2025
1
• Is available to the landlord at no cost to access or use. (Section 1).

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

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

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

Accessory Dwelling Units
The bill defines a primary dwelling unit as an existing or proposed single-family dwelling on the property where a
proposed accessory dwelling unit (ADU) would be located. (Section 2).

Additionally, the bill requires, rather than authorizes, local governments to adopt an ordinance to allow the
construction of ADUs in any area zoned for single-family residential use. The bill requires the ordinance to be
adopted by December 1, 2025 and provides that the ordinance applies prospectively to ADUs approved after the
date the ordinance is adopted. The ordinance may regulate the permitting, construction, and use of an ADU, but
may not:
• Require that the owner of a parcel on which an ADU is constructed reside in the primary dwelling unit.
• Increase parking requirements on any parcel that can accommodate an additional motor vehicle on a
driveway without impeding access to the primary dwelling unit.
• Require replacement parking if a garage, carport, or covered parking structure is converted to create an
ADU. (Section 2).

The bill prohibits denying a homestead exemption to an owner of a property with an ADU, where the owner
maintains permanent residence, solely due to the ADU being rented or able to be rented. If the owner rents the
ADU, the property appraiser must assess the ADU separately from the homestead property and tax it based on its
use. (Section 2).

The bill also prohibits a local government from adopting an ordinance which allow ADUs to be within any area of
critical state concern as designated by law. (Section 2).

Density Bonus Incentives
The bill provides that local governments may provide density bonus incentives to landowners who donate real
estate for the purpose of assisting local governments in providing affordable housing to military families that are
receiving the basic allowance for housing. (Section 3).

Affordable Housing Study
The bill requires the Office of Program Policy Analysis and Government Accountability (OPPAGA) 1 to assess the
effectiveness of mezzanine finance, or second-position short-term debt, to encourage the construction of owner-
occupied affordable housing and the ability of tiny homes to help meet the state’s affordable housing needs. The
bill requires OPPAGA to consult with the Florida Housing Finance Corporation and the University of Florida

1 OPPAGA supports the Florida Legislature by providing data, evaluative research, and objective analyses that assist legislative

budget and policy deliberations. OPPAGA, About OPPAGA, https://oppaga.fl.gov/ (last visited Apr. 18, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Shimberg Center for Housing Studies in conducting its evaluation. OPPAGA is required to report its conclusions to
the President of the Senate and the Speaker of the House of Representatives by December 31, 2026. The report
must include recommendations for a model mezzanine finance program. (Section 4).

Mental Health Support Residences
The bill provides that using or converting single-family or two-family dwellings into certain residences whose
stated corporate purpose relates to the support of people who are living with a mental health disorder does not
constitute a change of occupancy as defined by the Florida Building Code. The residence must have at least two and
no more than four bedrooms, be occupied by a group or family of no more than six ambulatory adults living with a
mental health disorder, and have no more than two adults assigned to any bedroom. (Section 5).

The bill also provides that use as or conversion of single-family or two-family dwellings into such mental health
support residences may not be reclassified for purposes of enforcing the Florida Fire Prevention Code solely due to
such dwelling’s use or conversion. (Section 6).

The effective date of the bill is July 1, 2025. (Section 7).

FISCAL OR ECONOMIC IMPACT:

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

The bill has an indeterminate positive impact on extremely-low-income, very-low-income, low-income, and
moderate-income persons. If more local governments allow for the construction of ADUs, and more ADUs are in
fact constructed, this may lead to an increased supply of attainable housing options throughout Florida.

The bill also has an indeterminate positive impact on military families who receive the basic allowance for housing,
but only to the extent that the local jurisdictions in which the military families live opt-in to providing the density
bonus incentive under the bill.

The bill may have an indeterminate positive fiscal impact on mental health support residences as the exemption
from the Florida Building Code and Florida Fire Prevention Code may decrease costs for such residences.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
State Preemption of the Residential Landlord and Tenant Act
In 2023, the Legislature expressly preempted the regulation of residential tenancies, the landlord-tenant
relationship, and all other matters covered under the Residential Landlord and Tenant Act to the state. 2 This
preemption supersedes any local government regulations on such matters, including, but not limited to, the
screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and
fees associated with such applications; terms and conditions of rental agreements; the rights and responsibilities of
the landlord and the tenant; disclosures concerning the premises, the dwelling unit, the rental agreement, or the
rights and responsibilities of the landlord and tenant; fees charged by the landlord; and notice requirements. 3

2 Ch. 2023-314, L.O.F.
3 S. 83.425, F.S.

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

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

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

It further defines “consumer report” generally as any written, oral, or other communication of any information by a
consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in
whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for:
• Credit or insurance to be used primarily for personal, family, or household purposes;
• Employment purposes; or
• Any other purpose authorized in 15 U.S.C. s. 1681b. 8

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

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

Additionally, if any person takes any adverse action against an individual based in whole or in part on any
information contained in a consumer report, he or she must provide specified information to the individual,
including:
• Notice of the adverse action to the individual.

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

Apr. 18, 2025.)
6 Id.
7 15 U.S.C. § 1681a(f).
8 15 U.S.C. § 1681a(d).
9 15 U.S.C. § 1681b(a)(2).
10 15 U.S.C. § 1681b(a)(3)(F)(i).
11 Federal Trade Commission, A Summary of Your Rights Under the Fair Credit Reporting Act (Sept. 18, 2018), 12 CFR 1022,

https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0096-fair-credit-reporting-act.pdf (last visited Apr. 18,
2025).
12 15 U.S.C. § 1681, et. seq.
13 15 U.S.C. § 1681s-2.
14 15 U.S.C. §§ 1681g and 1681i.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
• The name, address, and telephone number of the CRA that furnished the consumer report the person relied
on.
• Notice of the individual’s right to obtain a free copy of a consumer report on themselves from the CRA that
issued such a report to the person taking the adverse action.
• Notice of the individual’s right to dispute the accuracy or completeness of any information in a consumer
report with the CRA who produced it. 15

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

On such a website, either a landlord or property manager or a tenant may create an account to either request
screening of a potential tenant or to screen themselves. 17 Such companies typically provide several tiers of reports
that are available for purchase to provide a prospective tenant or property manager or landlord with control over
the cost of the report which will impact how much information the report includes. 18 However, even for a top tier
tenant screening report, which includes all of the information listed above, the total cost is $47, and a prospective
tenant may grant permission for a property owner to access his or her report. 19

Affordable Housing in Florida
Housing is considered affordable when monthly rents or monthly mortgage payments, including taxes, insurance,
and utilities, do not exceed 30 percent of a family’s gross income. 20 Over 2.4 million low-income Florida households
pay more than 30% of their incomes towards housing. 21 Over half of these households, or 1.3 million low-income
households, spend more than 50% of their income towards housing costs. 22 This makes it difficult for those
households to save for retirement or emergencies and difficult to afford other necessities like food and childcare. 23

15 15 U.S.C. § 1681m(a).
16 TransUnion SmartMove, Tenant Background Screening Reports, https://www.mysmartmove.com/tenant-screening-services

(last visited Apr. 18, 2025).
17 Id.
18 TransUnion SmartMove, Pricing, https://www.mysmartmove.com/pricing (last visited Apr. 18, 2025).
19 Id.; TransUnion SmartMove, Tenant Frequently Asked Questions, https://www.mysmartmove.com/transunion-smartmove-

frequently-asked-questions/tenant-frequently-asked-questions#accordiongroup-338a6660be-item-bf9b64ac40 (last visited
Apr. 18, 2025).
20 S. 420.0004(3), F.S.
21 Florida Housing Coalition, 2024 Home Matters Report, p. 2. https://flhousing.org/wp-content/uploads/2024/08/FHC-2024-

Home-Matters-Report.pdf (last visited Apr. 18, 2025).
22 Id.
23 Id.
24 See U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, Income Limits,

https://www.huduser.gov/portal/datasets/il.html#documents_2024 (last visited Apr. 18, 2025).
25 U.S. Dept. of Housing and Urban Development: Office of Policy Development and Research, FY 2024 State Income Limits:

Florida,
https://www.huduser.gov/portal/datasets/il/il2024/2024summary.odn?inputname=STTLT*1299999999%2BFlorida&select
ion_type=county&stname=Florida&statefp=12.0&year=2024 (last visited Apr. 18, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
• Extremely-low-income – earning up to 30 percent AMI (at or below $26,600); 26
• Very-low-income – earning from 30.01 to 50 percent AMI ($26,601 to $44,300); 27
• Low-income – earning from 50.01 to 80 percent AMI ($44,301 to $70,900);28 and
• Moderate-income – earning from 80.01 to 120 percent of AMI ($70,901 to $106,320). 29

As of 2024, Florida had only 24 affordable and available rental units for every 100 extremely low-income renters. 30
In addition, there were little to no communities in Florida that could provide enough housing to support this group
of renters, which is primarily made up of low-income workers, retirees, and people with disabilities. 31

Accessory Dwelling Units
The Legislature has taken measures in recent years to address Florida’s need for more affordable housing. 32 One of
those measures included encouraging the construction of ADUs in single-family residential areas to increase the
availability of affordable rentals.

An ADU is an ancillary or secondary living unit that has a separate kitchen, bathroom, and sleeping area, existing
either within the same structure, or on the same lot, as the primary dwelling unit. 33 ADUs can go by many different
names such as “carriage house,” “mother-in-law suite,” or “coach house,” and are quite common throughout the
United States. 34

ADUs offer benefits to both individual homeowners and the wider communities where they exist. 35 For individuals,
ADUs:
• Allow families to provide care to aging or disabled relatives, while still providing those relatives some
independence.
• Provide young adults an affordable housing option as a first step after college.
• May be a source of rental income to the homeowner. 36

For the wider community, ADUs:
• Are a more affordable housing alternative compared to a single-family residence or apartment unit with
costly neighborhood and amenity fees.
• Create diverse neighborhoods with a variety of residents of different ages and backgrounds. 37

Under current law, a local government in Florida is authorized – but not required – to adopt an ordinance that
allows ADUs in any area zoned for single-family residential use. 38 An application for a permit to construct an ADU
must be accompanied by an affidavit from the applicant in which the applicant attests that the unit will be rented at
an affordable rate to extremely-low-income, very-low-income, low-income, or moderate-income persons. 39

26 Id. See also s. 420.0004(9), F.S.
27 Supra note 25. See also s. 420.0004(17), F.S.
28 Supra note 25. See also s. 420.0004(11), F.S.
29 Supra note 25. See also s. 420.0004(12), F.S.
30 Supra note 21, at p. 2.
31 Id.
32 In 2023, the Legislature passed the Live Local Act, which represented a generational retooling of state housing policy in

Florida. The Legislature made subsequent amendments to the Live Local Act in 2024. See chs. 2023-17 and 2024-188, Laws of
Fla. See also Florida Housing Coalition, Overview of the Live Local Act, https://www.floridahousing.org/live-local-act (last
visited Apr. 18, 2025).
33 S. 163.31771(2)(a), F.S.
34 City of Tallahassee: Growth Management Department, Zoning Spotlight: Accessory Dwelling Units, March 2024, p. 1.

https://www.talgov.com/uploads/public/documents/growth/zoning_spot_231010.pdf (last visited Apr. 18, 2025).
35 Id.
36 Id.
37 Id.
38 S. 163.31771(3), F.S.
39 S. 163.31771(4), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Homestead Exemption
The Florida Constitution establishes homestead protections for certain residential real estate in the state in three
distinct ways. First, it provides homesteads, property owned and maintained as a person’s primary residence, with
an exemption from taxes. 40 Second, the homestead provisions protect the homestead from forced sale by
creditors. 41 Third, the homestead provisions delineate the restrictions a homestead owner faces when attempting
to alienate or devise the homestead property. 42

Every person having legal or equitable title to real estate and who maintains a permanent residence on the real
estate is deemed to establish homestead property. Homestead property is eligible for a $25,000 tax exemption
applicable to all ad valorem tax levies, including levies by school districts. 43 An additional exemption applies to
homestead property value between $50,000 and $75,000. This exemption is adjusted annually for inflation from
the 2024 value of $25,000 and does not apply to ad valorem taxes levied by school districts.

Any portion of the homestead property used for commercial purposes is excluded from the homestead. 44 Property
rented for more than six months is presumed to be used for commercial purposes. 45

The homestead property tax exemption may be lost by a property owner that abandons homestead property.
Failure to maintain a homestead property as a permanent residence may constitute abandonment under certain
circumstances. 46 Renting all or substantially all of a homestead property constitutes abandonment until the
dwelling is physically occupied by the owner. 47

Areas Of Critical State Concern
The Florida Legislature has designated certain areas within the state as “areas of critical state concern” to protect
its natural resources and the environment; protect water resources; facilitate well-planned development; and
protect the health and quality of life of Floridians. To achieve this goal, the Legislature has found it necessary to
adequately plan and facilitate orderly development within the state. 48

Areas that have been designated as areas of critical state concern include:
• The Big Cypress Area;49
• The Green Swamp Area; 50
• The Florida Keys Area; 51
• The Brevard Barrier Island Area; 52 and
• The Apalachicola Bay area. 53

Density Bonus Incentives
A density bonus is a development incentive that allows developers to increase the maximum allowable
development for a proposed project, as defined by a local zoning code, in exchange for the developer’s support of

40 Art. VII, s. 6, Fla. Const.
41 Art. X, s. 4(a), Fla. Const.
42 Art. X, s. 4(c), Fla. Const.
43 Art. VII, s. 6(a), Fla. Const.
44 S. 196.012(13), F.S.
45 Id. See also R. 12D-7.013(5), F.A.C. (“Property used as a residence and also used by the owner as a place of business does not

lose its homestead character. The two uses should be separated with that portion used as a residence being granted the
exemption and the remainder being taxed.”)
46 See ss. 196.031 and 193.155, F.S.
47 S. 196.061(1), F.S.
48 S. 380.021, F.S.
49 S. 380.055(3), F.S.
50 S. 380.0551(1), F.S.
51 S. 380.0552(3), F.S.
52 S. 380.0553(2), F.S.
53 S. 380.0555, F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
specified public policy goals. 54 Density bonus programs are a common planning tool at local, county, and state
levels across the United States, but vary greatly both in the kinds of bonuses offered and the policy goals the
incentives are intended to address. 55

In Florida, local governments have the inherent home rule authority 56 to provide density bonuses in exchange for
the production of affordable housing units. Additionally, local governments that have adopted inclusionary housing
ordinances are required to provide incentives to developers to offset the cost of the developer’s affordable housing
contribution, which may include granting density or intensity bonuses. 57

A local government may also provide density bonus incentives to any landowner who voluntarily donates real
property to the local government for the purpose of assisting the local government in providing affordable
housing. 58 To receive a density bonus under this provision, the donated real property must:
• Be appropriate for use as affordable housing, as determined by the local government; 59 and
• Be subject to deed restrictions to ensure the property will be used for affordable housing. 60

The deed restrictions must also prohibit an affordable housing unit from being sold at a price that exceeds the
threshold for housing that is affordable for low-income or moderate-income persons or to a buyer who is not
eligible due to his or her income under chapter 420, F.S., Florida’s Housing statutes. The deed restriction may allow
affordable housing units to be rented to extremely-low-income, very-low-income, low-income, or moderate-
income persons. 61

In practice, an increase in density for a proposed development offers an economic incentive for developers to
produce affordable housing. 62 The allowance of full density allowed by local land use and zoning regulations, as
well as additional approved units allowed by density bonuses, creates the opportunity for an affordable housing
development to be financially feasible. 63 The allowance of more density also incentivizes market-rate developers to
produce affordable units. 64 The sale of more units or the leasing of more apartments offsets the lower sales price or
rent payments for each affordable unit. 65

Change of Occupancy and Minimum Firesafety Standards
Under the Florida Building Code, a change of occupancy occurs when a building or structure requires a greater
degree of safety, accessibility, structural strength, fire protection, means of egress, ventilation or sanitation than
currently exists. Changes in occupancy include:
• Any change in the occupancy classification of a building or structure.
• Any change in the purpose of, or a change in the level of activity within, a building or structure. 66

54 Planetizen, What is a Density Bonus? https://www.planetizen.com/definition/density-bonuses (last visited Apr. 18, 2025).
55 Id.
56 Home rule power refers to the ability of counties and municipalities to enact ordinances at the local level without prior state

approval. Such ordinances, however, must not conflict with state or federal laws. In Florida, home rule language was proposed
and subsequently adopted in the 1968 Constitutional revision. After several legal challenges, the Legislature adopted the
Home Rule Powers Act in 1973, which ended challenges related to city and county home rule powers. See Florida League of
Cities, Understanding Florida’s Home Rule Power, May 2011, https://www.floridaleagueofcities.com/docs/default-
source/Civic-Education/historyofhomerule.pdf?sfvrsn=2 (last visited Apr. 18, 2025).
57 See ss. 125.01055(1), (2), and (4)and166.04151(1), (2), and (4), F.S.
58 S. 420.615(1), F.S.
59 Id.
60 S. 420.615(6), F.S.
61 Id.
62 Florida Housing Coalition, Affordable Housing Incentive Strategies: A Guidebook for Affordable Housing Advisory Committee

Members and Local Government Staff, Aug. 2021, p. 49, https://www.flhousing.org/wp-content/uploads/2021/08/8-4-21-
AHAC-Guide-UPDATE.pdf (last visited Apr. 18, 2025).
63 Id.
64 Id.
65 Id.
66 Section 202 of the Florida Building Code, Building, Eighth Edition.

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8
The Fire Prevention Code contains or incorporates by reference all firesafety laws and rules that pertain to and
govern the design, construction, erection, alteration, modification, repair, and demolition of public and private
buildings, structures, and facilities and the enforcement of such firesafety laws and rules. 67

Current law provides that certain single-family or two-family dwellings that are converted into a certified recovery
residence 68 or a recovery residence 69 is not a change of occupancy as defined in the Building Code solely due to
such conversion. 70 Additionally, such certified recovery residence or recovery residence may not be reclassified for
purposes of enforcing the Florida Fire Prevention code solely due to such use. 71

OTHER RESOURCES:
Tenant Background Screening Reports

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IOrig. Comm.: Commerce Committee Hamon Fletcher

67 S. 633.202(1), F.S.
68 “Certified recovery residence” means a recovery residence that holds a valid certificate of compliance and is actively

managed by a certified recovery residence administrator. S. 397.311(5), F.S.
69 “Recovery residence” means a residential dwelling unit, the community housing component of a licensed day or night

treatment facility with community housing, or other form of group housing, which is offered or advertised through any means,
including oral, written, electronic, or printed means, by any person or entity as a residence that provides a peer-supported,
alcohol-free, and drug-free living environment. S. 397.311(39), F.S.
70 S. 553.80(10), F.S.
71 S. 633.208(11), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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

PCS for CS/CS/HB 247 2025

1 A bill to be entitled
2 An act relating to housing; creating s. 83.471, F.S.;
3 providing definitions; authorizing a landlord to
4 accept reusable tenant screening reports and require a
5 specified statement; requiring that certain
6 information be included in reusable tenant screening
7 reports; prohibiting a landlord from charging certain
8 fees to an applicant using a reusable tenant screening
9 report; providing applicability; amending s.
10 163.31771, F.S.; defining the term "primary dwelling
11 unit"; requiring, rather than authorizing, local
12 governments to adopt, by a specified date, an
13 ordinance to allow accessory dwelling units in certain
14 areas; requiring such ordinances to apply
15 prospectively; prohibiting such ordinances from
16 including certain requirements; removing a requirement
17 that an application for a building permit to construct
18 an accessory dwelling unit include a certain
19 affidavit; revising the accessory dwelling units that
20 apply toward satisfying a certain component of a local
21 government's comprehensive plan; specifying that
22 accessory dwelling units that provide affordable
23 rental housing shall apply towards satisfying a
24 certain component of a local government's
25 comprehensive plan; prohibiting the denial of a

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26 homestead exemption for certain portions of property
27 on a specified basis; requiring that a rented
28 accessory dwelling unit be assessed separately from
29 the homestead property and taxed according to its use;
30 providing an exception; prohibiting local governments
31 from adopting an ordinance to allow accessory dwelling
32 units in areas of critical state concern; amending s.
33 420.615, F.S.; authorizing a local government to
34 provide a density bonus incentive to landowners who
35 make certain real property donations to assist in the
36 provision of affordable housing for military families;
37 requiring the Office of Program Policy Analysis and
38 Government Accountability to evaluate the efficacy of
39 using mezzanine finance and the potential of tiny
40 homes for specified purposes; requiring the office to
41 consult with certain entities; requiring the office to
42 submit a certain report to the Legislature by a
43 specified date; amending s. 553.80, F.S.; providing
44 that the use of certain dwellings as, or the
45 conversion of such dwellings into, certain residences
46 is not a change in occupancy as defined in the Florida
47 Building Code; amending s. 633.208, F.S.; providing
48 that the use of certain dwellings as, or the
49 conversion of such dwellings into, certain residences
50 does not require the reclassification of such

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51 dwellings for purposes of enforcing the Florida Fire
52 Prevention Code; providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 83.471, Florida Statutes, is created to
57 read:
58 83.471 Reusable tenant screening reports.—
59 (1) As used in this section, the term:
60 (a)1. "Consumer report" means any written, oral, or other
61 communication of information by a consumer reporting agency
62 bearing on a consumer's credit worthiness, credit standing,
63 credit capacity, character, general reputation, personal
64 characteristics, or mode of living which is used or expected to
65 be used or collected in whole or in part for the purpose of
66 serving as a factor in establishing the consumer's eligibility
67 for credit or insurance to be used primarily for personal,
68 family, or household purposes; employment purposes; or any other
69 purpose authorized under 15 U.S.C. s. 1681b.
70 2. Except for the restrictions provided in 15 U.S.C. s.
71 1681a(d)(3), the term "consumer report" does not include:
72 a. Subject to 15 U.S.C. s. 1681s-3, any report containing
73 information solely as to transactions or experiences between the
74 consumer and the person making the report; communication of such
75 information among persons related by common ownership or

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76 affiliated by corporate control; or communication of other
77 information among persons related by common ownership or
78 affiliated by corporate control, if it is clearly and
79 conspicuously disclosed to the consumer that the information may
80 be communicated among such persons and the consumer is given the
81 opportunity, before the time that the information is initially
82 communicated, to direct that such information not be
83 communicated among such persons;
84 b. Any authorization or approval of a specific extension
85 of credit directly or indirectly by the issuer of a credit card
86 or similar device;
87 c. Any report in which a person who has been requested by
88 a third party to make a specific extension of credit directly or
89 indirectly to a consumer conveys his or her decision with
90 respect to such request, if the third party advises the consumer
91 of the name and address of the person to whom the request was
92 made, and such person makes the disclosures to the consumer
93 required under 15 U.S.C. s. 1681m; or
94 d. A communication described in 15 U.S.C. s. 1681a(o) or
95 s. 1681a(x).
96 (b) "Consumer reporting agency" means any person who, for
97 monetary fees, dues, or on a cooperative nonprofit basis,
98 regularly engages in whole or in part in the practice of
99 assembling or evaluating consumer credit information or other
100 information on consumers for the purpose of furnishing consumer

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101 reports to third parties, and which uses any means or facility
102 of interstate commerce for the purpose of preparing or
103 furnishing consumer reports.
104 (c) "Reusable tenant screening report" means a consumer
105 report that:
106 1. Is prepared within the previous 30 days by a consumer
107 reporting agency at the request and expense of an applicant.
108 2. Is made directly available to a landlord for use in the
109 rental application process or is provided through a third-party
110 website that regularly engages in the business of providing a
111 reusable tenant screening report and complies with all state and
112 federal laws pertaining to use and disclosure of information
113 contained in a consumer report by a consumer reporting agency.
114 3. Is available to the landlord at no cost to access or
115 use.
116 (2) A landlord may accept reusable tenant screening
117 reports and may require an applicant to state that there has not
118 been a material change to the information in the reusable tenant
119 screening report.
120 (3) A reusable tenant screening report must include all of
121 the following information:
122 (a) The applicant's full name.
123 (b) The applicant's contact information, including mailing
124 address, e-mail address, and telephone number.
125 (c) Verification of the applicant's employment.

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126 (d) The applicant's last known address.
127 (e) The results of an eviction history check in a manner
128 and for a period of time consistent with applicable law related
129 to the consideration of eviction history in housing.
130 (f) The date through which the information contained in
131 the report is current.
132 (4) If an applicant provides a reusable tenant screening
133 report to a landlord who accepts such reports, the landlord may
134 not charge the applicant a fee to access the report or an
135 application screening fee.
136 (5) This section does not:
137 (a) Affect any other applicable law related to the
138 consideration of criminal history information in housing; or
139 (b) Require a landlord to accept reusable tenant screening
140 reports.
141 Section 2. Subsections (3) and (4) and present subsection
142 (5) of section 163.31771, Florida Statutes, are amended,
143 paragraph (h) is added to subsection (2) of that section, and a
144 new subsection (5) is added to that section, to read:
145 163.31771 Accessory dwelling units.—
146 (2) As used in this section, the term:
147 (h) "Primary dwelling unit" means the existing or proposed
148 single-family dwelling on the property where a proposed
149 accessory dwelling unit would be located.
150 (3) By December 1, 2025, a local government shall may

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151 adopt an ordinance to allow accessory dwelling units in any area
152 zoned for single-family residential use. Such ordinance shall
153 apply prospectively to accessory dwelling units approved after
154 the date the ordinance is adopted. Such ordinance may regulate
155 the permitting, construction, and use of an accessory dwelling
156 unit, but may not do any of the following:
157 (a) Require that the owner of a parcel on which an
158 accessory dwelling unit is constructed reside in the primary
159 dwelling unit.
160 (b) Increase parking requirements on any parcel that can
161 accommodate an additional motor vehicle on a driveway without
162 impeding access to the primary dwelling unit.
163 (c) Require replacement parking if a garage, carport, or
164 covered parking structure is converted to create an accessory
165 dwelling unit.
166 (4) An application for a building permit to construct an
167 accessory dwelling unit must include an affidavit from the
168 applicant which attests that the unit will be rented at an
169 affordable rate to an extremely-low-income, very-low-income,
170 low-income, or moderate-income person or persons.
171 (4)(5) Each accessory dwelling unit allowed by an
172 ordinance adopted under this section which provides affordable
173 rental housing shall apply toward satisfying the affordable
174 housing component of the housing element in the local
175 government's comprehensive plan under s. 163.3177(6)(f).

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176 (5) The owner of a property with an accessory dwelling
177 unit may not be denied a homestead exemption for those portions
178 of property on which the owner maintains a permanent residence
179 solely on the basis of the property containing an accessory
180 dwelling unit that is or may be rented to another person.
181 However, if the accessory dwelling unit is rented to another
182 person, the accessory dwelling unit must be assessed separately
183 from the homestead property and taxed according to its use.
184 (6) Notwithstanding subsections (1) through (5), a local
185 government may not adopt an ordinance to allow accessory
186 dwelling units within any area of critical state concern as
187 designated in ss. 380.055, 380.0551, 380.0552, 380.0553, and
188 380.0555.
189 Section 3. Subsection (1) of section 420.615, Florida
190 Statutes, is amended to read:
191 420.615 Affordable housing land donation density bonus
192 incentives.—
193 (1) A local government may provide density bonus
194 incentives pursuant to the provisions of this section to any
195 landowner who voluntarily donates fee simple interest in real
196 property to the local government for the purpose of assisting
197 the local government in providing affordable housing, including
198 housing that is affordable for military families receiving the
199 basic allowance for housing. Donated real property must be
200 determined by the local government to be appropriate for use as

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201 affordable housing and must be subject to deed restrictions to
202 ensure that the property will be used for affordable housing.
203 Section 4. The Office of Program Policy Analysis and
204 Government Accountability (OPPAGA) shall evaluate the efficacy
205 of using mezzanine finance, or second-position short-term debt,
206 to stimulate the construction of owner-occupied housing that is
207 affordable as defined in s. 420.0004(3), Florida Statutes, in
208 this state. OPPAGA shall also evaluate the potential of tiny
209 homes in meeting the need for affordable housing in this state.
210 OPPAGA shall consult with the Florida Housing Finance
211 Corporation and the Shimberg Center for Housing Studies at the
212 University of Florida in conducting its evaluation. By December
213 31, 2026, OPPAGA shall submit a report of its findings to the
214 President of the Senate and the Speaker of the House of
215 Representatives. Such report must include recommendations for
216 the structuring of a model mezzanine finance program.
217 Section 5. Subsection (10) of section 553.80, Florida
218 Statutes, is amended to read:
219 553.80 Enforcement.—
220 (10) A single-family or two-family dwelling does not have
221 a change of occupancy as defined in the Florida Building Code
222 solely due to such dwelling's use as or conversion that is
223 converted into:
224 (a) A certified recovery residence, as defined in s.
225 397.311, or a recovery residence, as defined in s. 397.311, that

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226 has a charter from an entity recognized or sanctioned by
227 Congress; or
228 (b) A residence owned by a tax-exempt charitable
229 organization under s. 501(c)(3) of the Internal Revenue Code
230 whose stated corporate purpose relates to the support of people
231 who are living with a mental health disorder, which has no fewer
232 than two and no more than four bedrooms, is occupied by a group
233 or family of no more than six ambulatory adults living with a
234 mental health disorder, and has no more than two adults assigned
235 to any bedroom does not have a change of occupancy as defined in
236 the Florida Building Code solely due to such conversion.
237 Section 6. Subsection (11) of section 633.208, Florida
238 Statutes, is amended to read:
239 633.208 Minimum firesafety standards.—
240 (11) Notwithstanding subsection (8), a single-family or
241 two-family dwelling may not be reclassified for purposes of
242 enforcing the Florida Fire Prevention Code solely due to such
243 dwelling's use as or conversion into:
244 (a) that is A certified recovery residence, as defined in
245 s. 397.311, or that is a recovery residence, as defined in s.
246 397.311, that has a charter from an entity recognized or
247 sanctioned by Congress; or
248 (b) A residence owned by a tax-exempt charitable
249 organization under s. 501(c)(3) of the Internal Revenue Code
250 whose stated corporate purpose relates to the support of people

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251 who are living with a mental health disorder, which has no fewer
252 than two and no more than four bedrooms, is occupied by a group
253 or family of no more than six ambulatory adults living with a
254 mental health disorder, and has no more than two adults assigned
255 to any bedroom may not be reclassified for purposes of enforcing
256 the Florida Fire Prevention Code solely due to such use
257 Section 7. This act shall take effect July 1, 2025.

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PCS for CS/HB 579
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for CS/HB 579 COMPANION BILL: CS/SB 1080 (McClain)
TITLE: Land Use and Development LINKED BILLS: None
SPONSOR(S): Commerce Committee RELATED BILLS: None
Committee References
Orig. Comm.: Commerce

SUMMARY
Effect of the Bill:
The bill requires local governments to specify the minimum information required for certain zoning applications;
process an application for a development permit or order within certain timeframes; and issue a refund to an
applicant if the local government fails to meet those timeframes, unless an exception applies.

Additionally, the bill:
 Provides that the production of ethanol from plants and plant products by certain processes does not
constitute chemical manufacturing or chemical refining.
 Prohibits school districts from imposing any fee in lieu of an impact fee, unless an exception applies.
 Specifies that certain fees may be used by local governments to process or enforce building permits.
 Amends and creates certain definitions under the Homeowners’ Association Act (Act).
 Modifies the scope of the Act as it relates to amenities and properties governed by a recreational covenant
 Requires expenses related to amenities to be included in financial reports under the Act.
 Creates certain requirements, limitations, and disclosures for parcels subject to a recreational covenant.

Fiscal or Economic Impact:
The bill has an indeterminate impact on local governments and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Minimum Information for Certain Zoning Applications
The bill requires a local government1 to specify in writing the minimum information that must be submitted in an
application for a zoning approval, rezoning approval, subdivision approval, certification, special exception, or
variance. Under the bill, the local government must:
 Make the minimum information available for inspection and copying at the location where the local
government receives applications for development permits and orders;
 Provide the minimum information to the applicant at a pre-application meeting; or
 Post the minimum information on the local government’s website. (Section 1 for counties; Section 3 for
municipalities.)

1 Local government means any county or municipality. See s. 163.3164(29), F.S.

STORAGE NAME: PCS0579a.COM
DATE: 4/21/2025
1
Timeframes for Processing Certain Zoning Applications
Within 5 business days after receiving an application for approval of a development permit or development order,
the bill requires a local government to confirm receipt of the application using contact information provided by the
applicant. (Section 1 for counties; Section 3 for municipalities.)

The bill clarifies that, within 30 days of receiving an application for approval of a development permit or order, a
local government must review the application for completeness and either:
 Issue a written notification to the applicant indicating that all required information was submitted; or
 Specify, with particularity and in writing, any areas that are deficient. (Section 1 for counties; Section 3 for
municipalities.)

For applications that do not require final action through a quasi-judicial or public hearing, the bill requires a local
government to approve, approve with conditions, or deny the application for a development permit or order
within 120 days after the local government has deemed the application complete. For applications that do require
final action through a quasi-judicial or public hearing, local governments must approve, approve with conditions,
or deny the application within 180 days after the local government has deemed the application complete. The bill’s
changes to these provisions are intended to be remedial and clarifying in nature and apply retroactively to January
1, 2022. (Section 1 for counties; Section 3 for municipalities.)

The bill specifies that a local government and an applicant may agree in writing or in a public meeting or hearing to
an extension of time to process the application for a development permit or order. (Section 1 for counties; Section
3 for municipalities.)

The bill provides that the timeframes for processing an application restart if an applicant makes a substantive
change to the application. The bill defines a substantive change as an applicant-initiated change of 15 percent or
more in the proposed density, intensity, or square footage of a parcel. (Section 1 for counties; Section 3 for
municipalities.)

Requirement to Issue a Refund for Certain Zoning Application Fees
The bill requires a local government to issue a refund to an applicant equal to:
 Ten percent of the application fee if the local government fails to issue written notification of completeness
or written specification of areas of deficiency within 30 days after receiving the application.
 Ten percent of the application fee if the local government fails to issue a written notification of
completeness or written specification of areas of deficiency within 30 days after receiving the additional
information pursuant to an initial request by the local government to furnish the additional information.
 Twenty percent of the application fee if the local government fails to issue a written notification of
completeness or written specification of areas of deficiency within 10 days after receiving the additional
information pursuant to a second request by the local government to furnish the additional information.
 Fifty percent of the application fee if the local government fails to approve, approve with conditions, or
deny the application within 30 days after conclusion of the 120-day or 180-day timeframe for processing
applications.
 One hundred percent of the application fee if the local government fails to approve, approve with
conditions, or deny an application 31 days or more after conclusion of the 120-day or 180-day timeframe
for processing applications. (Section 1 for counties; Section 3 for municipalities.)

Under the bill, however, a local government is not required to issue a refund in any of the foregoing scenarios if:
 The applicant and the local government agree to an extension of time;
 The delay is caused by the applicant; or
 The delay is attributable to an unforeseen, extraordinary circumstance. (Section 1 for counties; Section 3
for municipalities.)

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2
Production of Ethanol from Plants or Plant Products
The bill amends the Agricultural Lands and Practices Act2 to specify that production of ethanol from plants or plant
products3 by fermentation, distillation, or drying does not constitute chemical manufacturing or chemical refining.
These provisions in the bill are intended to be remedial and clarifying in nature and apply retroactively to any law,
regulation, or ordinance, or any interpretation thereof. (Section 2.)

Alternative Fees for Educational Concurrency
The bill prohibits a school district from collecting, charging, or imposing any alternative fee in lieu of an impact fee
to mitigate the effects of development on educational facilities unless the fee would meet the dual rational nexus
test.4 If an alternative fee is challenged, the school district must prove by a preponderance of the evidence that the
fee meets the requirements of the test. (Section 4.)

Fees Related to Enforcement of the Florida Building Code
The bill specifies that fees imposed by local governments, and any related fines or investment earnings, imposed to
enforce the Florida Building Code may only be used for carrying out the local government’s responsibilities in
enforcing the Florida Building Code, which includes, but is not limited to, any process or enforcement related to
obtaining and finalizing a building permit. (Section 5.)

Similarly, the bill clarifies that planning and zoning or other general government activities not related to obtaining
a building permit may not be funded with fees adopted for enforcing the Florida Building Code. (Section 5.)

Definitions Under the Homeowners’ Association Act
The bill amends the Florida Homeowners’ Association Act5 (HOA Act) to define the following terms:
 “Amenity dues” means dues charged in accordance with a recreational covenant. The term does not include
the expenses of a homeowners’ association.
 “Recreational covenant” means a recorded covenant, separate and distinct from a declaration of covenants,
which provides the nature and requirements of a membership in or the use or purchase of privately owned
commercial recreational facilities or amenities for parcel owners in one or more communities or
community development districts and which:
o Is recorded in the public records of the county in which the recreational facility or amenity or a
property encumbered thereby is located;
o Contains information regarding the amenity dues that may be imposed on members and other
persons permitted to use the recreational facility or amenity and remedies that the recreational
facility or amenity owner or other third party may have upon nonpayment of such amenity dues;
and
o Requires mandatory membership or mandatory payment of amenity dues by some or all of the
parcel owners in a community. (Section 6.)

The bill also amends existing definitions under the HOA Act as follows:
 Clarifies that “[a]ssessment,” does not include “amenity fee.”
 The term “[g]overning documents” does not include recreational covenants respecting commercial
recreational facilities or amenities, regardless of whether such recreational covenants are attached as
exhibits to, or referenced in, a declaration of covenants. (Section 6.)

2 S. 163.3162, F.S.
3 For purposes of these provisions, “plants or plant products” means 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 Florida Department of Agriculture and Consumer
Services. S. 581.011(27), F.S.
4 See s. 163.31801(4)(f) and (g), F.S.
5 Ch. 720, F.S.

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3
Scope of the Homeowners’ Association Act
The bill modifies the scope of the HOA Act to exempt privately-owed recreational amenities. The bill specifies that
the HOA Act does not apply to recreational covenants or recreational facilities or amenities governed by a
recreational covenant, except as provided below. (Section 7.)

Parcels Subject to a Recreational Covenant
The bill provides that recreational facilities and amenities governed by a recreational covenant are not a part of a
common area. (Section 9.)

Additionally, the bill allows amenity dues to be imposed and collected only as provided in a recreational covenant.
The bill prohibits amenity dues from being increased by more than 10 percent from the preceding fiscal year,
unless the parcel owners subject to the recreational covenant, by a majority vote, approve an increase in excess of
10 percent. (Section 9.)

Under the bill, if the recreational facilities or amenities are intended to be converted to another use or sold, the
parcels which are subject to mandatory membership in a club or to the imposition of mandatory amenities dues, or
the association responsible for governing the parcels, have the right of first refusal to purchase the facilities or
amenities at fair market value, and shall be given notice at least 180 days prior to the intended conversion or sale.
However, in the event that a recreational covenant recorded before October 1, 2025 contains a purchase price or
formula for determining the purchase price, then the terms of the recreational covenant shall govern the purchase
and sale of the facilities or amenities. (Section 9.)

The bill requires a recreational covenant recorded on or after October 1, 2025, which creates mandatory
membership in a club or imposes mandatory amenity dues on parcel owners, to specify all of the following:
 The parcels within the community which are or will be subject to mandatory membership in a club or to
the imposition of mandatory amenity dues.
 The person responsible for owning, maintaining, and operating the recreational facility or amenity
governed by the recreational covenant, which may be the developer.
 The manner in which amenity dues are apportioned and collected from each encumbered parcel owner,
and the person authorized to collect such dues. The recreational covenant must specify the components
that comprise the amenity dues.
 The manner in which amenity dues may be increased, which increase may occur periodically by a fixed
percentage, a fixed dollar amount, or in accordance with increases in the Consumer Price Index for All
Urban Consumers released in January of each year.
 The rights and remedies that are available relating to payment and collection of amenity dues.
 A statement of whether collection rights to enforce payment of amenity dues are subordinate to an
association's right to collect assessments.
 A statement of whether the recreational facility or amenity is open to the public or may be used by persons
who are not members or parcel owners within the community. (Section 9.)

The bill requires a recreational covenant recorded before October 1, 2025, to comply with certain requirements6 in
the bill by October 1, 2026, to remain valid and effective after that date. (Section 9.)

The bill prohibits a recreational covenant, notwithstanding any provision in the recreational covenant to the
contrary, from requiring an association to collect amenity dues on behalf of a private third-party commercial
recreational facility or amenity owner. The bill specifies that the private third-party commercial recreational
facility or amenity owner is solely responsible for the collection of such dues. (Section 9.)

Under the bill, the termination of a recreational covenant or the right of a private amenity owner to suspend the
right of a parcel owner to use a privately owned recreational facility or amenity may not:
 Prohibit an owner or a tenant of a parcel from having vehicular and pedestrian ingress to and egress from
the parcel;

6 The requirements include those provided in s. 720.319(4), F.S., as created by the bill.

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4
 Prohibit an owner or a tenant of a parcel from receiving utilities provided to the parcel by virtue of utility
facilities or utility easements located within the privately owned recreational facility or amenity; or
 Prohibit an owner or a tenant of a parcel from having access to any mail delivery facility serving the parcel
which is located within the privately owned recreational facility or amenity. (Section 9.)

Beginning October 1, 2025, the bill requires each contract for the sale of a parcel by a developer or builder to a
third party which is governed by an association, but is also subject to a recreational covenant, to contain in
conspicuous type a clause that substantially states the following, if the contract does not already contain a
disclosure that meets the requirements of the Interstate Land Sales Full Disclosure Act of 1968, as amended:7

DISCLOSURE SUMMARY

YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A RECREATIONAL COVENANT, AS
DEFINED IN SECTION 720.301, FLORIDA STATUTES. AS A PURCHASER OF PROPERTY
SUBJECT TO THE RECREATIONAL COVENANT, YOU WILL BE OBLIGATED TO PAY AMENITY
DUES TO A PRIVATE THIRD-PARTY COMMERCIAL RECREATIONAL FACILITY OR AMENITY
OWNER.

BUYER ACKNOWLEDGES ALL OF THE FOLLOWING:

(1) THE RECREATIONAL FACILITY OR AMENITY GOVERNED BY THE RECREATIONAL
COVENANT IS NOT A COMMON AREA OF THE HOMEOWNERS' ASSOCIATION AND IS
NOT OWNED OR CONTROLLED BY THE HOMEOWNERS' ASSOCIATION. THE
RECREATIONAL COVENANT IS NOT A GOVERNING DOCUMENT OF THE ASSOCIATION.

(2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY THE RECREATIONAL
COVENANT. THE RECREATIONAL COVENANT CONTAINS IMPORTANT PROVISIONS
AND RIGHTS AND IS AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY.

(3) THE PARTY THAT CONTROLS THE MAINTENANCE AND OPERATION OF THE
RECREATIONAL FACILITY OR AMENITY DETERMINES THE BUDGET FOR THE
OPERATION AND MAINTENANCE OF SUCH RECREATIONAL FACILITY OR AMENITY.
HOWEVER, THE PARCEL OWNERS SUBJECT TO THE RECREATIONAL COVENANT ARE
STILL RESPONSIBLE FOR AMENITY DUES.

(4) AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE. AMENITY DUES ARE IN
ADDITION TO, AND SEPARATE AND DISTINCT FROM, ASSESSMENTS LEVIED BY THE
HOMEOWNERS' ASSOCIATION.

(5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES IMPOSED BY A PRIVATE THIRD-
PARTY COMMERCIAL RECREATIONAL FACILITY OR AMENITY OWNER MAY RESULT IN
A LIEN ON YOUR PROPERTY.

(6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE HOMEOWNERS' ASSOCIATION MAY
HAVE THE RIGHT TO ACCESS AND USE THE RECREATIONAL FACILITY OR AMENITY, AS
DETERMINED BY THE ENTITY THAT CONTROLS SUCH PROPERTIES.

(7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER OBLIGATIONS TO PAY
AMENITY DUES CAN BE FOUND IN THE RECREATIONAL COVENANT.

(8) THE PRIVATE THIRD-PARTY COMMERCIAL RECREATIONAL FACILITY OR AMENITY
OWNER MAY HAVE THE RIGHT TO AMEND THE RECREATIONAL COVENANT WITHOUT

7 15 U.S.C. §§ 1701-1720.

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5
THE APPROVAL OF MEMBERS OR PARCEL OWNERS, SUBJECT TO THE TERMS OF THE
RECREATIONAL COVENANT AND SECTION 720.319, FLORIDA STATUTES.

(9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN
NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE
RECREATIONAL COVENANTS BEFORE PURCHASE. THE RECREATIONAL COVENANT IS
EITHER A MATTER OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD
OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED OR IS NOT RECORDED
AND CAN BE OBTAINED FROM THE DEVELOPER. (Section 9.)

The bill specifies the above provisions may not be construed to impair the validity or effectiveness of a recreational
covenant recorded before October 1, 2025, except as otherwise provided. (Section 9.)

The bill requires the above disclosures to be supplied by the developer or, if the sale is by a parcel owner that is not
the developer, by the parcel owner. After October 1, 2025, the bill requires any contract or agreement for sale for a
parcel which is governed by a homeowners’ association and is also subject to a recreational covenant to refer to
and incorporate the disclosure summary and include, in prominent language, a statement that the potential buyer
should not execute the contract or agreement until they have received and read the disclosure summary. (Section
9.)

The bill specifies that, after October 1, 2025, if the disclosure summary is not provided to a prospective purchaser
as required by the bill, the purchaser may void the contract by delivering to the seller or the seller’s agent or
representative written notice canceling the contract within 3 days after receipt of the disclosure summary or
before closing, whichever occurs later. This right may not be waived by the purchaser but terminates at closing.
(Section 9.)

The bill provides that the above provisions do not apply to a corporation not for profit pursuant to chapter 617 or a
local governmental entity, including, but not limited to, a special district created pursuant to chapter 189 or
chapter 190. (Section 9.)

Financial Reports
The bill amends the information to be included in the annual financial reports required under the HOA Act to
include information related to amenity dues and operational costs, expenses, and other amounts expended for the
operation of certain facilities, amenities, or other properties. (Section 8.)

The bill has an effective date of October 1, 2025. (Section 15.)

FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may have an indeterminate negative fiscal impact on counties and municipalities to the extent those
governments must issue refunds for failing to meet statutory deadlines relating to development permits and
orders and on school districts to the extent any district charges an alternative fee that does not meet the
requirement of the dual rational nexus test.

PRIVATE SECTOR:
The bill may have an indeterminate positive fiscal impact to the extent applicants receive refunds from counties
and municipalities that fail to meet statutory deadlines relating to development permits and orders and are no
longer subject to alternative fees that do not meet the dual rational nexus test.

The bill’s amendments to the Homeowners’ Association Act may have an indeterminate impact on homeowners’
associations in Florida, to the extent the homeowners’ associations have privately-owned recreational amenities or
recreational covenants or recreational facilities or amenities governed by a recreational covenant.

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6
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Comprehensive Planning
The Community Planning Act8 provides counties and municipalities with the power to plan for future development
by adopting comprehensive plans.9 Each county and municipality must maintain a comprehensive plan to guide
future development and growth.10

All development, both public and private, and all development orders approved by local governments must be
consistent with the local government’s comprehensive plan.11 A comprehensive plan is intended to provide for the
future use of land, which contemplates a gradual and ordered growth, and establishes a long-range maximum limit
on the possible intensity of land use.12

A locality’s comprehensive plan lays out the locations for future public facilities, including roads, water and sewer
facilities, neighborhoods, parks, schools, and commercial and industrial developments.13 A comprehensive plan is
made up of 10 required elements, each laying out regulations for a different facet of development.14 Local
governments may also include optional elements in their comprehensive plan.15 The 10 required elements are:
 Capital improvements.
 Future land use plan.
 Transportation.
 General sanitary sewer, solid waste, drainage, potable water and natural groundwater aquifer recharge.
 Conservation.
 Recreation and open space.
 Housing.
 Coastal management.
 Intergovernmental coordination.
 Property rights.16

Development Permits and Orders
Under the Community Planning Act, a development permit is any official action of a local government permitting
the development of land.17 Development plans include, but are not limited to, building permits, zoning permits,
subdivision approval, rezoning, certifications, special exceptions, and variances.18 A development order is issued by
a local government and grants, denies, or grants with conditions an application for a development permit.19

Within 30 days after receiving an application for approval of a development permit or development order, a county
or municipality must review the application for completeness and issue a letter indicating that all required
information is submitted or specify any areas that are deficient.20 If the application is deficient, the applicant has 30
days to address the deficiencies by submitting the required additional information.21

8 Ch. 163, Part II, F.S.
9 S. 163.3167(1), F.S.
10 S. 163.3167(2), F.S.
11 S. 163.3194(1)(a), F.S.
12 See, e.g., Comprehensive Plan of Sarasota County, Fla. Codified through Ordinance No. 2024-028 (May 2024). Future Land

Use Policy 1.1.1. https://library.municode.com/fl/sarasota_county/codes/comprehensive_plan?nodeId=ELEMENT_3LAUS
(last visited Apr. 18, 2025).
13 S. 163.3177(1), F.S.
14 S. 163.3177(6), F.S.
15 S. 163.3177(1)(b), F.S.
16 Id.
17 S. 163.3164(16), F.S.
18 Id. Areas
19 See ss. 125.022, F.S., 163.3164(15), F.S., and 166.033, F.S.
20 Ss. 125.022(1), F.S. and 166.033(1), F.S.
21 Ss. 125.022(1), F.S. and 166.033(1), F.S.

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7
Within 120 days after the county or municipality has deemed the application complete, or 180 days for
applications that require final action through a quasi-judicial hearing or a public hearing, the county or
municipality must approve, approve with conditions, or deny the application for a development permit or
development order.22 Both the applicant and the local government may agree to an extension of time, particularly
in the event of a force majeure or other extraordinary circumstance.23 An approval, approval with conditions, or
denial of the application for a development permit or development order must include written findings supporting
the county’s decision.24 These timeframes do not apply in an area of critical state concern.25

When reviewing an application for a development permit or development order, not including building permit
applications, a county or municipality may not request additional information from the applicant more than three
times, unless the applicant waives the limitation in writing.26

If a county or municipality makes a request for additional information from the applicant and the applicant
provides the information within 30 days of receiving the request, the county or the municipality must:
 Review the additional information and issue a letter to the applicant indicating that the application is
complete or specify the remaining deficiencies within 30 days of receiving the information, if the request is
the county’s or municipality’s first request.27
 Review the additional information and issue a letter to the applicant indicating that the application is
complete or specify the remaining deficiencies within 10 days of receiving the additional information, if the
request is the county’s or municipality’s second request.28
 Deem the application complete within 10 days of receiving the additional information or proceed to
process the application for approval or denial unless the applicant waived the county’s or municipality’s
time limitations in writing, if the request is the county’s or municipality’s third request.29

Before a third request for information, the applicant must be offered a meeting to attempt to resolve outstanding
issues. If the applicant believes the request for additional information is not authorized by ordinance, rule, statute,
or other legal authority, the applicant can request that the county or municipality proceed to process the
application for approval or denial.30

If a development permit or order is denied, the county or municipality must give written notice to the applicant
and must reference the applicable legal authority for the denial of the permit.31

Concurrency
In the context of comprehensive planning, “concurrency” refers to the concept of providing additional public
facilities necessary to achieve and maintain standards of service in the community in a timely manner in response
to increased demand caused by development.32 All local government comprehensive plans must provide for
concurrency in providing public facilities and services for sanitary sewer, solid waste, drainage, and potable water,
but local governments may extend concurrency requirements to other public facilities such as transportation and
schools.33 When concurrency is applied to other public facilities and services, the local comprehensive plan must
provide sufficient principles, standards, and adopted levels of service to guide its implementation.34 Concurrency

22 Ss. 125.022(1), F.S. and 166.033(1), F.S.
23 Ss. 125.022(1), F.S. and 166.033(1), F.S.
24 Ss. 125.022(1), F.S. and 166.033(1), F.S.
25 Ss. 125.022(1), F.S. and 166.033(1), F.S. Areas of critical state concern are designated in s. 380.0552, F.S., and ch. 28-36, Fla.

Admin. Code.
26 Ss. 125.022(2)(a) and 166.033(2)(a), F.S.
27 Ss. 125.022(2)(b) and 166.033(2)(b), F.S.
28 Ss. 125.022(2)(c) and 166.033(2)(c), F.S.
29 Ss. 125.022(2)(d) and 166.033(2)(d), F.S.
30 Ss. 125.022(2)(e) and 166.033(2)(e), F.S.
31 Ss. 125.022(3) and 166.033(3), F.S.
32 See s. 163.3180(5)(d), F.S. See also, David M. Layman, Concurrency and Moratoria, 71 Fla. B.J. 49 (January 1997).
33 S. 163.3180(1), (5), and (6), F.S.
34 S. 163.3180(1)(a), F.S.

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8
requirements apply to state facilities and other public facilities to the same extent as all other facilities and
development.35

Impact Fees
One method of funding local government concurrency requirements is through the adoption and imposition of
impact fees on new development. Local governments impose impact fees to fund infrastructure36 needed to expand
local services to meet the demands of population growth caused by new development.37 Impact fees must meet the
following minimum criteria when adopted:
 The fee must be calculated based on a study using the most recent and localized data available within four
years of the update.
 The local government adopting the impact fee must account for and report impact fee collections and
expenditures. If the fee is imposed for a specific infrastructure need, the local government must account for
those revenues and expenditures in a separate accounting fund.
 Charges imposed for the collection of impact fees must be limited to the actual administrative costs.
 All local governments must give notice of a new or increased impact fee at least 90 days before the new or
increased fee takes effect, but need not wait 90 days before decreasing, suspending, or eliminating an
impact fee. Unless the result reduces total mitigation costs or impact fees on an applicant, new or increased
impact fees may not apply to current or pending applications submitted before the effective date of an
ordinance or resolution imposing a new or increased impact fee.
 A local government may not require payment of the impact fee before the date of issuing a building permit
for the property that is subject to the fee.
 The impact fee must be reasonably connected to, or have a rational nexus with, the need for additional
capital facilities and the increased impact generated by the new residential or commercial construction.
 The impact fee must be reasonably connected to, or have a rational nexus with, the expenditures of the
revenues generated and the benefits accruing to the new residential or commercial construction.
 The local government must specifically earmark revenues generated by the impact fee to acquire,
construct, or improve capital facilities to benefit new users.
 The local government may not use revenues generated by the impact fee to pay existing debt or for
previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus
with, the increased impact generated by the new residential or commercial construction.38

The types of impact fees charged and the timing of their collection after issuing a building permit are within the
discretion of the local government or special district authorities choosing to impose the fees.39 In general, a
building permit must be obtained before the construction, erection, modification, repair, or demolition of any
building.40 A development permit pertains to any building permit, zoning permit, subdivision approval, rezoning,
certification, special exception, variance, or any other official action of local government having the effect of
permitting the development of land.41 Local governments providing an exception or waiver of impact fees for the
development or construction of affordable housing are not required to use any revenues to offset the impact of
such development.42

Dual Rational Nexus Test

35 S. 163.3180(4), F.S.
36 “Infrastructure” means the fixed capital expenditure or outlay for the construction, reconstruction, or improvement of

public facilities with a life expectancy of five or more years, together with specific other costs required to bring the public
facility into service but excluding the costs of repairs or maintenance. The term also includes specific equipment. S.
163.31801(3), F.S.
37 S. 163.31801(2), F.S. Water and sewer connection fees are not impact fees. S. 163.31801(12), F.S.
38 S. 163.31801(4), F.S.
39 See s. 163.31801(2), F.S.
40 S. 553.79, F.S.
41 S. 163.3164(16), F.S.
42 S. 163.31801(11), F.S.

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9
Both federal and Florida courts have found the imposition of impact fees appropriate where the local government
meets two fundamental requirements known as the dual rational nexus test, which requires impact fees to have a
reasonable connection or rational between the:
 Need for additional capital facilities and the population growth generated by the project, and
 Expenditures of the funds collected from the impact fees and the benefits accruing to the subdivision or
project.43

Meeting the second criterion requires the local government ordinance imposing the impact fee to earmark the
funds collected to acquire the new capital facilities necessary to benefit the new residents.

These requirements were codified in 2019.44

Agricultural Lands and Practices Act
The Agricultural Lands and Practices Act45 (ALP Act) was passed in 2003 to prohibit duplicative and burdensome
regulations placed on farmers and agricultural lands by government entities.46 In 2013, the ALP Act was amended
to prohibit local governments from adopting rules for practices on farms that are otherwise regulated by the
Department of Environmental Protection, the Florida Department of Agriculture and Consumer Services, or the
water management districts.47

Florida Building Code
In 2000, the Legislature authorized implementation of the first edition of the Florida Building Code (Building
Code).48 Now in its eighth edition, the Building Code governs the design, construction, modification, repair, and
demolition of public and private buildings, structures, and facilities in the state.49

The Florida Building Codes Act50 allows local governments to charge reasonable fees as set forth in a schedule of
fees adopted by the enforcing agency for the issuance of a building permit.51 Such fees shall be used solely for
carrying out the local government’s responsibilities in enforcing the Building Code.52 Enforcing the Building Code
includes the direct costs and reasonable indirect costs associated with training, review of building plans, building
inspections, re-inspections, building permit processing, and fire inspections.53 Local governments must post all
building permit and inspection fee schedules on their website.54

Under the Florida Building Codes Act, the following activities may not be funded with fees adopted for enforcing
the Building Code:

43 Hollywood, Inc. v. Broward County, 431 So. 2d 606, 611-12 (Fla. 4th DCA 1983). See generally Nolan v. California Coastal

Commission, 483 U.S. 825 (1987) (exactions must have nexus to impact), Dolan v. City of Tigard, 512 U.S. 374 (1994) (exactions
must be roughly proportional to impact), Koontz v. St. John’s Water Management District, 570 U.S. 595 (2013) (Nolan and Dolan
requirements apply to money and land), and St. Johns County v. Northeast Florida Builders Ass'n, Inc., 583 So. 2d 635 (Fla.
1991).
44 See ch. 2019-106, Laws of Fla., codified at s. 163.31801(4)(f) and (g), F.S.
45 S. 163.3162, F.S.
46 S. 163.3162(1), F.S. See also, Florida Farm Bureau Federation, Statutory Exemptions and Transportation Laws for Agriculture

(2016 Edition), p. 11, https://www.floridafarmbureau.org/wp-content/uploads/2016/10/Statuatory-Exemptions-and-
Transportation-Laws-for-Agriculture-2016-Updated.pdf (last visited Apr. 12, 2025).
47 S. 163.3162(3)(a), F.S. See also, Florida Farm Bureau Federation, Statutory Exemptions and Transportation Laws for

Agriculture (2016 Edition), p. 11, https://www.floridafarmbureau.org/wp-content/uploads/2016/10/Statuatory-Exemptions-
and-Transportation-Laws-for-Agriculture-2016-Updated.pdf (last visited Apr. 12, 2025).
48 Florida Housing Finance Corporation, Overview of the Florida Building Code, https://www.floridahousing.org/docs/default-

source/aboutflorida/august2017/august2017/tab4.pdf (last visited Apr. 18, 2025).
49 Id. See also, International Code Council, Florida Building Codes, https://codes.iccsafe.org/codes/florida (last visited Apr. 18,

2025); ss. 553.72 and 553.73, F.S.
50 Ch. 553.70, Part IV, F.S.
51 S. 553.80(7)(a), F.S.
52 Id.
53 Id.
54 Id.

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10
 Planning and zoning or other general government activities.
 Inspections of public buildings for a reduced fee or no fee.
 Public information requests, community functions, boards, and any program not directly related to
enforcement of the Florida Building Code.
 Enforcement and implementation of any other local ordinance, excluding validly adopted local
amendments to the Florida Building Code and excluding any local ordinance directly related to enforcing
the Florida Building Code.55

Homeowners’ Association Act
A homeowners’ association (HOA) is an entity responsible for the operation of a community in which the voting
membership is made up of parcel56 owners,57 and in which membership is a mandatory condition of parcel
ownership.58 The Homeowners’ Association Act59 (HOA Act) regulates the operation of HOAs in Florida.60 Under
current law, the HOA Act does not apply to:
 A community that is composed of property primarily intended for commercial, industrial, or other
nonresidential use; or
 The commercial or industrial parcels in a community that contains both residential parcels and parcels
intended for commercial or industrial use.61

For a residential subdivision in which parcel owners must pay mandatory maintenance or amenity fees to the
subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving
the lots or parcels, the HOA requires the developer or owner of such areas, facilities, or properties to make public,
within 60 days following the end of each fiscal year, a complete financial report of the actual, total receipts of
mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from
such fees, for that year.62 The report must be made public by mailing it to each parcel owner, by publishing it in a
publication regularly distributed within the subdivision, or by posting it in prominent locations in the
subdivision.63

55 S. 553.80(7)(a)3., F.S.
56 “Parcel” means a platted or unplatted lot, tract, unit, or other subdivision of real property within a community, as described

in the declaration which is capable of separate conveyance, and of which the parcel owner, or an association in which the
parcel owner must be a member, is obligated: 1) by the governing documents to be a member of an association that serves the
community; and 2) to pay the HOA assessments that, if not paid, may result in a lien. S. 720.301, F.S.
57 “Parcel owner” means the record owner of legal title to a parcel. Id.
58 Id.
59 Ch. 720, F.S.
60 Ss. 720.3015 and 720.302, F.S.
61 S. 720.302(3), F.S.
62 S. 720.3086, F.S.
63 Id.

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11
RECENT LEGISLATION:

YEAR BILL # HOUSE SENATE OTHER INFORMATION
SPONSOR(S) SPONSOR
2024 CS/HB 791 Overdorf, Esposito Perry Required local governments to specify the minimum
information necessary for certain zoning applications;
Revised timeframes for processing certain zoning
applications; Provided refund parameters if a local
government failed to meet certain timeframes when
processing an application. Died in the House before
being voted off the House Floor. Senate companion was
only heard in its first committee of reference.

2024 CS/CS/HB Esposito, Anderson, Bradley Provided requirements for certain community
1203 Porras association managers and community association
management firms; Required HOAs to make public
certain HOA documents; Required HOAs to apply and
enforce certain HOA standards reasonably and equitably.
Approved by Governor. Effective July 1, 2024.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Commerce Committee Hamon Fletcher

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

PCS for CS/HB 579 2025

1 A bill to be entitled
2 An act relating to land use and development; amending
3 ss. 125.022 and 166.033, F.S.; requiring counties and
4 municipalities, respectively, to meet specified
5 requirements regarding the minimum information
6 necessary for certain zoning applications; revising
7 timeframes for processing applications for approvals
8 of development permits or development orders; defining
9 the term "substantive change"; providing a refund
10 requirement in situations in which the county or
11 municipality, respectively, fails to meet certain
12 timeframes; providing exceptions; amending s.
13 163.3162, F.S.; providing that ethanol from certain
14 plants or plant products do not constitute chemical
15 manufacturing or chemical refining; amending s.
16 163.3180, F.S.; prohibiting a school district from
17 collecting, charging, or imposing any alternative fee
18 for concurrency for educational facilities that does
19 not meet certain requirements; providing standard of
20 review for legal action challenging such fees;
21 amending s. 553.80, F.S.; specifying certain purposes
22 for which local governments may use certain fees to
23 carry out activities related to obtaining and
24 finalizing a building permit; amending s. 720.301,
25 F.S.; revising and providing definitions; amending s.

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26 720.302, F.S.; revising applicability of the
27 Homeowners' Association Act; amending s. 720.3086,
28 F.S.; revising the persons to whom and the method by
29 which a certain financial report must be made
30 available; creating s. 720.319, F.S.; specifying that
31 certain parcels may be subject to a recreational
32 covenant and that certain recreational facilities and
33 amenities are not a part of a common area; prohibiting
34 the imposition or collection of amenity dues except as
35 provided in a recreational covenant; limiting the
36 annual increase in amenity dues; providing
37 requirements for certain recreational covenants
38 recorded on or after a certain date; requiring that a
39 recreational covenant recorded before a certain date
40 comply with specified requirements to remain valid and
41 effective; limiting the annual increases in amenity
42 dues in certain circumstances; providing construction;
43 prohibiting a recreational covenant from requiring an
44 association to collect amenity dues; requiring a
45 specified disclosure summary for contracts for the
46 sale of certain parcels; providing construction;
47 amending ss. 336.125, 558.002, 617.0725, 718.116, and
48 720.3085, F.S.; conforming cross-references; providing
49 an effective date.
50

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PCS for CS/HB 579 2025

51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Section 125.022, Florida Statutes, is amended
54 to read:
55 125.022 Development permits and orders.—
56 (1) A county shall specify in writing the minimum
57 information that must be submitted in an application for a
58 zoning approval, rezoning approval, subdivision approval,
59 certification, special exception, or variance. A county shall
60 make such information available for inspection and copying at
61 the location where the county receives applications for
62 development permits and orders, provide the information to the
63 applicant at a preapplication meeting, or post the information
64 on the county's website.
65 (2)(1) Within 5 business days after receiving an
66 application for approval of a development permit or development
67 order, a county shall confirm receipt of the application using
68 contact information provided by the applicant. Within 30 days
69 after receiving an application for approval of a development
70 permit or development order, a county must review the
71 application for completeness and issue a written notification to
72 the applicant letter indicating that all required information is
73 submitted or specify in writing specifying with particularity
74 any areas that are deficient. If the application is deficient,
75 the applicant has 30 days to address the deficiencies by

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76 submitting the required additional information. For applications
77 that do not require final action through a quasi-judicial
78 hearing or a public hearing, the county must approve, approve
79 with conditions, or deny the application for a development
80 permit or development order within 120 days after the county has
81 deemed the application complete., or 180 days For applications
82 that require final action through a quasi-judicial hearing or a
83 public hearing, the county must approve, approve with
84 conditions, or deny the application for a development permit or
85 development order within 180 days after the county has deemed
86 the application complete. Both parties may agree in writing or
87 in a public meeting or hearing to a reasonable request for an
88 extension of time, particularly in the event of a force majeure
89 or other extraordinary circumstance. An approval, approval with
90 conditions, or denial of the application for a development
91 permit or development order must include written findings
92 supporting the county's decision. The timeframes contained in
93 this subsection do not apply in an area of critical state
94 concern, as designated in s. 380.0552. The timeframes contained
95 in this subsection restart if an applicant makes a substantive
96 change to the application. As used in this subsection, the term
97 "substantive change" means an applicant-initiated change of 15
98 percent or more in the proposed density, intensity, or square
99 footage of a parcel.
100

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101 This subsection is intended to be remedial and clarifying in
102 nature and shall apply retroactively to January 1, 2022.
103 (3)(2)(a) When reviewing an application for a development
104 permit or development order that is certified by a professional
105 listed in s. 403.0877, a county may not request additional
106 information from the applicant more than three times, unless the
107 applicant waives the limitation in writing.
108 (b) If a county makes a request for additional information
109 and the applicant submits the required additional information
110 within 30 days after receiving the request, the county must
111 review the application for completeness and issue a letter
112 indicating that all required information has been submitted or
113 specify with particularity any areas that are deficient within
114 30 days after receiving the additional information.
115 (c) If a county makes a second request for additional
116 information and the applicant submits the required additional
117 information within 30 days after receiving the request, the
118 county must review the application for completeness and issue a
119 letter indicating that all required information has been
120 submitted or specify with particularity any areas that are
121 deficient within 10 days after receiving the additional
122 information.
123 (d) Before a third request for additional information, the
124 applicant must be offered a meeting to attempt to resolve
125 outstanding issues. If a county makes a third request for

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126 additional information and the applicant submits the required
127 additional information within 30 days after receiving the
128 request, the county must deem the application complete within 10
129 days after receiving the additional information or proceed to
130 process the application for approval or denial unless the
131 applicant waived the county's limitation in writing as described
132 in paragraph (a).
133 (e) Except as provided in subsection (7) (5), if the
134 applicant believes the request for additional information is not
135 authorized by ordinance, rule, statute, or other legal
136 authority, the county, at the applicant's request, shall proceed
137 to process the application for approval or denial.
138 (4) A county must issue a refund to an applicant equal to:
139 (a) Ten percent of the application fee if the county fails
140 to issue written notification of completeness or written
141 specification of areas of deficiency within 30 days after
142 receiving the application.
143 (b) Ten percent of the application fee if the county fails
144 to issue written notification of completeness or written
145 specification of areas of deficiency within 30 days after
146 receiving the additional information pursuant to paragraph
147 (3)(b).
148 (c) Twenty percent of the application fee if the county
149 fails to issue written notification of completeness or written
150 specification of areas of deficiency within 10 days after

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151 receiving the additional information pursuant to paragraph
152 (3)(c).
153 (d) Fifty percent of the application fee if the county
154 fails to approve, approves with conditions, or denies the
155 application within 30 days after conclusion of the 120-day or
156 180-day timeframe specified in subsection (2).
157 (e) One hundred percent of the application fee if the
158 county fails to approve, approves with conditions, or denies an
159 application 31 days or more after conclusion of the 120-day or
160 180-day timeframe specified in subsection (2).
161
162 A county is not required to issue a refund if the applicant and
163 the county agree to an extension of time, the delay is caused by
164 the applicant, or the delay is attributable to a force majeure
165 or other extraordinary circumstance.
166 (5)(3) When a county denies an application for a
167 development permit or development order, the county shall give
168 written notice to the applicant. The notice must include a
169 citation to the applicable portions of an ordinance, rule,
170 statute, or other legal authority for the denial of the permit
171 or order.
172 (6)(4) As used in this section, the terms "development
173 permit" and "development order" have the same meaning as in s.
174 163.3164, but do not include building permits.
175 (7)(5) For any development permit application filed with

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176 the county after July 1, 2012, a county may not require as a
177 condition of processing or issuing a development permit or
178 development order that an applicant obtain a permit or approval
179 from any state or federal agency unless the agency has issued a
180 final agency action that denies the federal or state permit
181 before the county action on the local development permit.
182 (8)(6) Issuance of a development permit or development
183 order by a county does not in any way create any rights on the
184 part of the applicant to obtain a permit from a state or federal
185 agency and does not create any liability on the part of the
186 county for issuance of the permit if the applicant fails to
187 obtain requisite approvals or fulfill the obligations imposed by
188 a state or federal agency or undertakes actions that result in a
189 violation of state or federal law. A county shall attach such a
190 disclaimer to the issuance of a development permit and shall
191 include a permit condition that all other applicable state or
192 federal permits be obtained before commencement of the
193 development.
194 (9)(7) This section does not prohibit a county from
195 providing information to an applicant regarding what other state
196 or federal permits may apply.
197 Section 2. Subsection (5) is added to section 163.3162,
198 Florida Statutes, to read:
199 163.3162 Agricultural lands and practices.—
200 (5) Production of ethanol from plants or plant products as

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201 defined in s. 581.011(27) by fermentation, distillation, or
202 drying does not constitute chemical manufacturing or chemical
203 refining. This subsection is intended to be remedial and
204 clarifying in nature and shall apply retroactively to any law,
205 regulation, or ordinance or any interpretation thereof.
206 Section 3. Section 166.033, Florida Statutes, is amended
207 to read:
208 166.033 Development permits and orders.—
209 (1) A municipality shall specify in writing the minimum
210 information that must be submitted for an application for a
211 zoning approval, rezoning approval, subdivision approval,
212 certification, special exception, or variance. A municipality
213 shall make such information available for inspection and copying
214 at the location where the municipality receives applications for
215 development permits and orders, provide the information to the
216 applicant at a preapplication meeting, or post the information
217 on the municipality's website.
218 (2)(1) Within 5 business days after receiving an
219 application for approval of a development permit or development
220 order, a municipality shall confirm receipt of the application
221 using contact information provided by the applicant. Within 30
222 days after receiving an application for approval of a
223 development permit or development order, a municipality must
224 review the application for completeness and issue a written
225 notification to the applicant letter indicating that all

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226 required information is submitted or specify in writing
227 specifying with particularity any areas that are deficient. If
228 the application is deficient, the applicant has 30 days to
229 address the deficiencies by submitting the required additional
230 information. For applications that do not require final action
231 through a quasi-judicial hearing or a public hearing, the
232 municipality must approve, approve with conditions, or deny the
233 application for a development permit or development order within
234 120 days after the municipality has deemed the application
235 complete., or 180 days For applications that require final
236 action through a quasi-judicial hearing or a public hearing, the
237 municipality must approve, approve with conditions, or deny the
238 application for a development permit or development order within
239 180 days after the municipality has deemed the application
240 complete. Both parties may agree in writing or in a public
241 meeting or hearing to a reasonable request for an extension of
242 time, particularly in the event of a force majeure or other
243 extraordinary circumstance. An approval, approval with
244 conditions, or denial of the application for a development
245 permit or development order must include written findings
246 supporting the municipality's decision. The timeframes contained
247 in this subsection do not apply in an area of critical state
248 concern, as designated in s. 380.0552 or chapter 28-36, Florida
249 Administrative Code. The timeframes contained in this subsection
250 restart if an applicant makes a substantive change to the

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251 application. As used in this subsection, the term "substantive
252 change" means an applicant-initiated change of 15 percent or
253 more in the proposed density, intensity, or square footage of a
254 parcel.
255
256 This subsection is intended to be remedial and clarifying in
257 nature and shall apply retroactively to January 1, 2022.
258 (3)(2)(a) When reviewing an application for a development
259 permit or development order that is certified by a professional
260 listed in s. 403.0877, a municipality may not request additional
261 information from the applicant more than three times, unless the
262 applicant waives the limitation in writing.
263 (b) If a municipality makes a request for additional
264 information and the applicant submits the required additional
265 information within 30 days after receiving the request, the
266 municipality must review the application for completeness and
267 issue a letter indicating that all required information has been
268 submitted or specify with particularity any areas that are
269 deficient within 30 days after receiving the additional
270 information.
271 (c) If a municipality makes a second request for
272 additional information and the applicant submits the required
273 additional information within 30 days after receiving the
274 request, the municipality must review the application for
275 completeness and issue a letter indicating that all required

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276 information has been submitted or specify with particularity any
277 areas that are deficient within 10 days after receiving the
278 additional information.
279 (d) Before a third request for additional information, the
280 applicant must be offered a meeting to attempt to resolve
281 outstanding issues. If a municipality makes a third request for
282 additional information and the applicant submits the required
283 additional information within 30 days after receiving the
284 request, the municipality must deem the application complete
285 within 10 days after receiving the additional information or
286 proceed to process the application for approval or denial unless
287 the applicant waived the municipality's limitation in writing as
288 described in paragraph (a).
289 (e) Except as provided in subsection (7) (5), if the
290 applicant believes the request for additional information is not
291 authorized by ordinance, rule, statute, or other legal
292 authority, the municipality, at the applicant's request, shall
293 proceed to process the application for approval or denial.
294 (4) A municipality must issue a refund to an applicant
295 equal to:
296 (a) Ten percent of the application fee if the municipality
297 fails to issue written notification of completeness or written
298 specification of areas of deficiency within 30 days after
299 receiving the application.
300 (b) Ten percent of the application fee if the municipality

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301 fails to issue written notification of completeness or written
302 specification of areas of deficiency within 30 days after
303 receiving the additional information pursuant to paragraph
304 (3)(b).
305 (c) Twenty percent of the application fee if the
306 municipality fails to issue written notification of completeness
307 or written specification of areas of deficiency within 10 days
308 after receiving the additional information pursuant to paragraph
309 (3)(c).
310 (d) Fifty percent of the application fee if the
311 municipality fails to approve, approves with conditions, or
312 denies the application within 30 days after conclusion of the
313 120-day or 180-day timeframe specified in subsection (2).
314 (e) One hundred percent of the application fee if the
315 municipality fails to approve, approves with conditions, or
316 denies an application 31 days or more after conclusion of the
317 120-day or 180-day timeframe specified in subsection (2).
318
319 A municipality is not required to issue a refund if the
320 applicant and the municipality agree to an extension of time,
321 the delay is caused by the applicant, or the delay is
322 attributable to a force majeure or other extraordinary
323 circumstance.
324 (5)(3) When a municipality denies an application for a
325 development permit or development order, the municipality shall

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326 give written notice to the applicant. The notice must include a
327 citation to the applicable portions of an ordinance, rule,
328 statute, or other legal authority for the denial of the permit
329 or order.
330 (6)(4) As used in this section, the terms "development
331 permit" and "development order" have the same meaning as in s.
332 163.3164, but do not include building permits.
333 (7)(5) For any development permit application filed with
334 the municipality after July 1, 2012, a municipality may not
335 require as a condition of processing or issuing a development
336 permit or development order that an applicant obtain a permit or
337 approval from any state or federal agency unless the agency has
338 issued a final agency action that denies the federal or state
339 permit before the municipal action on the local development
340 permit.
341 (8)(6) Issuance of a development permit or development
342 order by a municipality does not create any right on the part of
343 an applicant to obtain a permit from a state or federal agency
344 and does not create any liability on the part of the
345 municipality for issuance of the permit if the applicant fails
346 to obtain requisite approvals or fulfill the obligations imposed
347 by a state or federal agency or undertakes actions that result
348 in a violation of state or federal law. A municipality shall
349 attach such a disclaimer to the issuance of development permits
350 and shall include a permit condition that all other applicable

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351 state or federal permits be obtained before commencement of the
352 development.
353 (9)(7) This section does not prohibit a municipality from
354 providing information to an applicant regarding what other state
355 or federal permits may apply.
356 Section 4. Paragraph (j) of subsection (6) of section
357 163.3180, Florida Statutes, is redesignated as paragraph (k),
358 and a new paragraph (j) is added to that subsection to read:
359 163.3180 Concurrency.—
360 (6)
361 (j) A school district may not collect, charge, or impose
362 any alternative fee in lieu of an impact fee to mitigate the
363 impact of development on educational facilities unless such fee
364 meets the requirements of s. 163.31801(4)(f) and (g). In any
365 action challenging a fee under this paragraph, the school
366 district has the burden of proving by a preponderance of the
367 evidence that the imposition and amount of the fee meets the
368 requirements of state legal precedent.
369 Section 5. Paragraph (a) of subsection (7) of section
370 553.80, Florida Statutes, is amended to read:
371 553.80 Enforcement.—
372 (7)(a) The governing bodies of local governments may
373 provide a schedule of reasonable fees, as authorized by s.
374 125.56(2) or s. 166.222 and this section, for enforcing this
375 part. These fees, and any fines or investment earnings related

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376 to the fees, may only be used for carrying out the local
377 government's responsibilities in enforcing the Florida Building
378 Code, including but not limited to any process or enforcement
379 related to obtaining or finalizing a building permit. When
380 providing a schedule of reasonable fees, the total estimated
381 annual revenue derived from fees, and the fines and investment
382 earnings related to the fees, may not exceed the total estimated
383 annual costs of allowable activities. Any unexpended balances
384 must be carried forward to future years for allowable activities
385 or must be refunded at the discretion of the local government. A
386 local government may not carry forward an amount exceeding the
387 average of its operating budget for enforcing the Florida
388 Building Code for the previous 4 fiscal years. For purposes of
389 this subsection, the term "operating budget" does not include
390 reserve amounts. Any amount exceeding this limit must be used as
391 authorized in subparagraph 2. However, a local government that
392 established, as of January 1, 2019, a Building Inspections Fund
393 Advisory Board consisting of five members from the construction
394 stakeholder community and carries an unexpended balance in
395 excess of the average of its operating budget for the previous 4
396 fiscal years may continue to carry such excess funds forward
397 upon the recommendation of the advisory board. The basis for a
398 fee structure for allowable activities must relate to the level
399 of service provided by the local government and must include
400 consideration for refunding fees due to reduced services based

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401 on services provided as prescribed by s. 553.791, but not
402 provided by the local government. Fees charged must be
403 consistently applied.
404 1. As used in this subsection, the phrase "enforcing the
405 Florida Building Code" includes the direct costs and reasonable
406 indirect costs associated with review of building plans,
407 building inspections, reinspections, and building permit
408 processing; building code enforcement; and fire inspections
409 associated with new construction. The phrase may also include
410 training costs associated with the enforcement of the Florida
411 Building Code and enforcement action pertaining to unlicensed
412 contractor activity to the extent not funded by other user fees.
413 2. A local government must use any excess funds that it is
414 prohibited from carrying forward to rebate and reduce fees, to
415 upgrade technology hardware and software systems to enhance
416 service delivery, to pay for the construction of a building or
417 structure that houses a local government's building code
418 enforcement agency, or for training programs for building
419 officials, inspectors, or plans examiners associated with the
420 enforcement of the Florida Building Code. Excess funds used to
421 construct such a building or structure must be designated for
422 such purpose by the local government and may not be carried
423 forward for more than 4 consecutive years. An owner or builder
424 who has a valid building permit issued by a local government for
425 a fee, or an association of owners or builders located in the

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426 state that has members with valid building permits issued by a
427 local government for a fee, may bring a civil action against the
428 local government that issued the permit for a fee to enforce
429 this subparagraph.
430 3. The following activities may not be funded with fees
431 adopted for enforcing the Florida Building Code:
432 a. Planning and zoning or other general government
433 activities not related to obtaining a building permit.
434 b. Inspections of public buildings for a reduced fee or no
435 fee.
436 c. Public information requests, community functions,
437 boards, and any program not directly related to enforcement of
438 the Florida Building Code.
439 d. Enforcement and implementation of any other local
440 ordinance, excluding validly adopted local amendments to the
441 Florida Building Code and excluding any local ordinance directly
442 related to enforcing the Florida Building Code as defined in
443 subparagraph 1.
444 4. A local government must use recognized management,
445 accounting, and oversight practices to ensure that fees, fines,
446 and investment earnings generated under this subsection are
447 maintained and allocated or used solely for the purposes
448 described in subparagraph 1.
449 5. The local enforcement agency, independent district, or
450 special district may not require at any time, including at the

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451 time of application for a permit, the payment of any additional
452 fees, charges, or expenses associated with:
453 a. Providing proof of licensure under chapter 489;
454 b. Recording or filing a license issued under this
455 chapter;
456 c. Providing, recording, or filing evidence of workers'
457 compensation insurance coverage as required by chapter 440; or
458 d. Charging surcharges or other similar fees not directly
459 related to enforcing the Florida Building Code.
460 Section 6. Subsections (1), (8), and (10) of section
461 720.301, Florida Statutes, are amended, current subsection (13)
462 is renumbered as subsection (14), and a new subsection (13) is
463 created to read:
464 720.301 Definitions.—As used in this chapter, the term:
465 (1) "Amenity dues" means dues charged in accordance with a
466 recreational covenant. The term does not include the expenses of
467 a homeowners’ association.
468 (2)(1) "Assessment" or "amenity fee" means a sum or sums
469 of money payable to the association, to the developer or other
470 owner of common areas, or to recreational facilities and other
471 properties serving the parcels by the owners of one or more
472 parcels as authorized in the governing documents, which if not
473 paid by the owner of a parcel, can result in a lien against the
474 parcel by the association.
475 (9)(a)(8) "Governing documents" means:

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476 1.(a) The recorded declaration of covenants for a
477 community and all duly adopted and recorded amendments,
478 supplements, and recorded exhibits thereto; and
479 2.(b) The articles of incorporation and bylaws of the
480 homeowners' association and any duly adopted amendments thereto.
481 (b) Consistent with s. 720.302(3)(c), recreational
482 covenants respecting privately-owned recreational amenities are
483 not governing documents of an association, even if the
484 recreational covenants are attached as exhibits to, or
485 referenced in, a declaration of covenants.
486 (11)(10) "Member" means a member of an association, and
487 may include, but is not limited to, a parcel owner or an
488 association representing parcel owners or a combination thereof,
489 and includes any person or entity obligated by the governing
490 documents to pay an assessment or amenity fee to the
491 association.
492 (14) "Recreational covenant" means a recorded covenant,
493 separate and distinct from a declaration of covenants, which
494 provides the nature and requirements of a membership in or the
495 use or purchase of privately owned commercial recreational
496 facilities or amenities for parcel owners in one or more
497 communities or community development districts and which:
498 (a) Is recorded in the public records of the county in
499 which the recreational facility or amenity or a property
500 encumbered thereby is located;

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501 (b) Contains information regarding the amenity dues that
502 may be imposed on members and other persons permitted to use the
503 recreational facility or amenity and remedies that the
504 recreational facility or amenity owner or other third party may
505 have upon nonpayment of such amenity dues; and
506 (c) Requires mandatory membership or mandatory payment of
507 amenity dues by some or all of the parcel owners in a community.
508 Section 7. Subsection (3) of section 720.302, Florida
509 Statutes, is amended, and subsection (6) is added to that
510 section, to read:
511 720.302 Purposes, scope, and application.—
512 (3) This chapter does not apply to:
513 (a) A community that is composed of property primarily
514 intended for commercial, industrial, or other nonresidential
515 use; or
516 (b) The commercial or industrial parcels in a community
517 that contains both residential parcels and parcels intended for
518 commercial or industrial use; or
519 (c) Privately-owned recreational amenities.
520 (6) This chapter does not apply to recreational covenants
521 or recreational facilities or amenities governed by a
522 recreational covenant except as provided in ss. 720.3086 and
523 720.319.
524 Section 8. Section 720.3086, Florida Statutes, is amended
525 to read:

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526 720.3086 Financial report.—In a residential subdivision in
527 which the owners of lots or parcels must pay mandatory
528 maintenance or amenity dues fees to the subdivision developer or
529 to the owners of the common areas, recreational facilities,
530 amenities, and or other properties serving the lots or parcels,
531 the developer or owner of such areas, facilities, amenities or
532 properties shall make public, within 60 days following the end
533 of each fiscal year, a complete financial report of the actual,
534 total receipts of mandatory maintenance or amenity dues fees
535 received by it, and an itemized listing of the expenditures made
536 for the operational costs, expenses, or other amounts expended
537 for the operation of such facilities, amenities, or properties
538 by it from such fees, for that year. Such report shall be made
539 public by mailing it to each lot or parcel owner in the
540 subdivision who is subject to the payment of such amenity dues,
541 by publishing it in a publication regularly distributed within
542 the subdivision, or by posting it in a prominent location
543 locations in the subdivision and in each such facility, amenity,
544 or property. The report must also be made available to a parcel
545 owner within the subdivision who makes a written request to
546 inspect the report. This section does not apply to assessments
547 or other amounts paid to homeowner associations pursuant to
548 chapter 617, chapter 718, chapter 719, chapter 721, or chapter
549 723, or to amounts paid to local governmental entities,
550 including special districts.

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551 Section 9. Section 720.319, Florida Statutes, is created
552 to read:
553 720.319 Parcels subject to a recreational covenant.—
554 (1) A parcel within a community may be subject to a
555 recreational covenant. Recreational facilities and amenities
556 governed by a recreational covenant are not a part of a common
557 area.
558 (2) Amenity dues may only be imposed and collected as
559 provided in a recreational covenant. Amenity dues may not be
560 increased by more than 10 percent from the preceding fiscal
561 year, unless the parcel owners subject to the recreational
562 covenant, by a majority vote, approve an increase in excess of
563 10 percent.
564 (3) If the recreational facilities or amenities are
565 intended to be converted to another use or sold, the parcels
566 which are subject to mandatory membership in a club or to the
567 imposition of mandatory amenities dues, or the association
568 responsible for governing the parcels, shall have the right of
569 first refusal to purchase the facilities or amenities at fair
570 market value, and shall be given notice at least 180 days prior
571 to the intended conversion or sale. In the event that a
572 recreational covenant recorded before October 1, 2025 contains a
573 purchase price or formula for determining the purchase price,
574 then the terms of the recreational covenant shall govern the
575 purchase and sale of the facilities or amenities.

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576 (4) A recreational covenant recorded on or after October
577 1, 2025, which creates mandatory membership in a club or imposes
578 mandatory amenity dues on parcel owners must specify all of the
579 following:
580 (a) The parcels within the community which are or will be
581 subject to mandatory membership in a club or to the imposition
582 of mandatory amenity dues.
583 (b) The person responsible for owning, maintaining, and
584 operating the recreational facility or amenity governed by the
585 recreational covenant, which may be the developer.
586 (c) The manner in which amenity dues are apportioned and
587 collected from each encumbered parcel owner, and the person
588 authorized to collect such dues. The recreational covenant must
589 specify the components that comprise the amenity dues.
590 (d) The manner in which amenity dues may be increased,
591 which increase may occur periodically by a fixed percentage, a
592 fixed dollar amount, or in accordance with increases in the
593 Consumer Price Index for All Urban Consumers released in January
594 of each year.
595 (e) The rights and remedies that are available relating to
596 payment and collection of amenity dues.
597 (f) A statement of whether collection rights to enforce
598 payment of amenity dues are subordinate to an association's
599 right to collect assessments.
600 (g) A statement of whether the recreational facility or

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601 amenity is open to the public or may be used by persons who are
602 not members or parcel owners within the community.
603 (5) A recreational covenant recorded before October 1,
604 2025, must comply with the requirements of subsection (4) by
605 October 1, 2026, to remain valid and effective after that date.
606 (6) Notwithstanding any provision in a recreational
607 covenant to the contrary, a recreational covenant may not
608 require an association to collect amenity dues on behalf of a
609 private third-party commercial recreational facility or amenity
610 owner. The private third-party commercial recreational facility
611 or amenity owner is solely responsible for the collection of
612 such dues.
613 (7) The termination of a recreational covenant or the
614 right of a private amenity owner to suspend the right of a
615 parcel owner to use a privately owned recreational facility or
616 amenity may not:
617 (a) Prohibit an owner or a tenant of a parcel from having
618 vehicular and pedestrian ingress to and egress from the parcel;
619 (b) Prohibit an owner or a tenant of a parcel from
620 receiving utilities provided to the parcel by virtue of utility
621 facilities or utility easements located within the privately
622 owned recreational facility or amenity; or
623 (c) Prohibit an owner or a tenant of a parcel from having
624 access to any mail delivery facility serving the parcel which is
625 located within the privately owned recreational facility or

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626 amenity.
627 (8) Beginning October 1, 2025, each contract for the sale
628 of a parcel which is governed by an association and is also
629 subject to a recreational covenant must contain in conspicuous
630 type a clause that substantially states the following, if the
631 contract does not already contain a disclosure that meets the
632 requirements of the Interstate Land Sales Full Disclosure Act of
633 1968, as amended:
634
635 DISCLOSURE SUMMARY
636
637 YOUR LOT, DWELLING, AND/OR PARCEL IS SUBJECT TO A
638 RECREATIONAL COVENANT, AS DEFINED IN SECTION 720.301,
639 FLORIDA STATUTES. AS A PURCHASER OF PROPERTY SUBJECT
640 TO THE RECREATIONAL COVENANT, YOU WILL BE OBLIGATED TO
641 PAY AMENITY DUES TO A PRIVATE THIRD-PARTY COMMERCIAL
642 RECREATIONAL FACILITY OR AMENITY OWNER.
643
644 BUYER ACKNOWLEDGES ALL OF THE FOLLOWING:
645
646 (1) THE RECREATIONAL FACILITY OR AMENITY GOVERNED BY
647 THE RECREATIONAL COVENANT IS NOT A COMMON AREA OF THE
648 HOMEOWNERS' ASSOCIATION AND IS NOT OWNED OR CONTROLLED
649 BY THE HOMEOWNERS' ASSOCIATION. THE RECREATIONAL
650 COVENANT IS NOT A GOVERNING DOCUMENT OF THE

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651 ASSOCIATION.
652
653 (2) CHARGES FOR AMENITY DUES WILL BE GOVERNED BY THE
654 RECREATIONAL COVENANT. THE RECREATIONAL COVENANT
655 CONTAINS IMPORTANT PROVISIONS AND RIGHTS AND IS
656 AVAILABLE IN THE PUBLIC RECORDS OF THE COUNTY.
657
658 (3) THE PARTY THAT CONTROLS THE MAINTENANCE AND
659 OPERATION OF THE RECREATIONAL FACILITY OR AMENITY
660 DETERMINES THE BUDGET FOR THE OPERATION AND
661 MAINTENANCE OF SUCH RECREATIONAL FACILITY OR AMENITY.
662 HOWEVER, THE PARCEL OWNERS SUBJECT TO THE RECREATIONAL
663 COVENANT ARE STILL RESPONSIBLE FOR AMENITY DUES.
664
665 (4) AMENITY DUES MAY BE SUBJECT TO PERIODIC CHANGE.
666 AMENITY DUES ARE IN ADDITION TO, AND SEPARATE AND
667 DISTINCT FROM, ASSESSMENTS LEVIED BY THE HOMEOWNERS'
668 ASSOCIATION.
669
670 (5) FAILURE TO PAY AMENITY DUES OR OTHER CHARGES
671 IMPOSED BY A PRIVATE THIRD-PARTY COMMERCIAL
672 RECREATIONAL FACILITY OR AMENITY OWNER MAY RESULT IN A
673 LIEN ON YOUR PROPERTY.
674
675 (6) THIRD PARTIES WHO ARE NOT MEMBERS OF THE

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676 HOMEOWNERS' ASSOCIATION MAY HAVE THE RIGHT TO ACCESS
677 AND USE THE RECREATIONAL FACILITY OR AMENITY, AS
678 DETERMINED BY THE ENTITY THAT CONTROLS SUCH FACILITY
679 OR AMENITY.
680
681 (7) MANDATORY MEMBERSHIP REQUIREMENTS OR OTHER
682 OBLIGATIONS TO PAY AMENITY DUES CAN BE FOUND IN THE
683 RECREATIONAL COVENANT.
684
685 (8) THE PRIVATE THIRD-PARTY COMMERCIAL RECREATIONAL
686 FACILITY OR AMENITY OWNER MAY HAVE THE RIGHT TO AMEND
687 THE RECREATIONAL COVENANT WITHOUT THE APPROVAL OF
688 MEMBERS OR PARCEL OWNERS, SUBJECT TO THE TERMS OF THE
689 RECREATIONAL COVENANT AND SECTION 720.319, FLORIDA
690 STATUTES.
691
692 (9) THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM
693 ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE
694 PURCHASER, YOU SHOULD REFER TO THE RECREATIONAL
695 COVENANT BEFORE PURCHASE. THE RECREATIONAL COVENANT IS
696 A MATTER OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE
697 RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS
698 LOCATED.
699
700 (9) This section may not be construed to impair the

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701 validity or effectiveness of a recreational covenant recorded
702 before October 1, 2025, except as provided in subsection (5).
703 (10) The disclosure summary required by this section must
704 be supplied by the developer or, if the sale is by a parcel
705 owner that is not the developer, by the parcel owner. After
706 October 1, 2025, any contract or agreement for sale for a parcel
707 which is governed by a homeowners’ association and is also
708 subject to a recreational covenant must refer to and incorporate
709 the disclosure summary and must include, in prominent language,
710 a statement that the potential buyer should not execute the
711 contract or agreement until they have received and read the
712 disclosure summary required by this section.
713 (11) After October 1, 2025, if the disclosure summary is
714 not provided to a prospective purchaser as required by this
715 section, the purchaser may void the contract by delivering to
716 the seller or the seller’s agent or representative written
717 notice canceling the contract within 3 days after receipt of the
718 disclosure summary or before closing, whichever occurs later.
719 This right may not be waived by the purchaser but terminates at
720 closing.
721 (12) This section shall not apply to a corporation not for
722 profit pursuant to chapter 617 or a local governmental entity,
723 including, but not limited to, a special district created
724 pursuant to chapter 189 or chapter 190.
725 Section 10. Paragraph (a) of subsection (1) of section

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726 336.125, Florida Statutes, is amended to read:
727 336.125 Closing and abandonment of roads; optional
728 conveyance to homeowners' association; traffic control
729 jurisdiction.—
730 (1)(a) In addition to the authority provided in s. 336.12,
731 the governing body of the county may abandon the roads and
732 rights-of-way dedicated in a recorded residential subdivision
733 plat and simultaneously convey the county's interest in such
734 roads, rights-of-way, and appurtenant drainage facilities to a
735 homeowners' association for the subdivision, if the following
736 conditions have been met:
737 1. The homeowners' association has requested the
738 abandonment and conveyance in writing for the purpose of
739 converting the subdivision to a gated neighborhood with
740 restricted public access.
741 2. No fewer than four-fifths of the owners of record of
742 property located in the subdivision have consented in writing to
743 the abandonment and simultaneous conveyance to the homeowners'
744 association.
745 3. The homeowners' association is both a corporation not
746 for profit organized and in good standing under chapter 617, and
747 a "homeowners' association" as defined in s. 720.301(10) s.
748 720.301(9) with the power to levy and collect assessments for
749 routine and periodic major maintenance and operation of street
750 lighting, drainage, sidewalks, and pavement in the subdivision.

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751 4. The homeowners' association has entered into and
752 executed such agreements, covenants, warranties, and other
753 instruments; has provided, or has provided assurance of, such
754 funds, reserve funds, and funding sources; and has satisfied
755 such other requirements and conditions as may be established or
756 imposed by the county with respect to the ongoing operation,
757 maintenance, and repair and the periodic reconstruction or
758 replacement of the roads, drainage, street lighting, and
759 sidewalks in the subdivision after the abandonment by the
760 county.
761 Section 11. Subsection (2) of section 558.002, Florida
762 Statutes, is amended to read:
763 558.002 Definitions.—As used in this chapter, the term:
764 (2) "Association" has the same meaning as in s. 718.103,
765 s. 719.103(2), s. 720.301(10) s. 720.301(9), or s. 723.075.
766 Section 12. Section 617.0725, Florida Statutes, is amended
767 to read:
768 617.0725 Quorum.—An amendment to the articles of
769 incorporation or the bylaws which adds, changes, or deletes a
770 greater or lesser quorum or voting requirement must meet the
771 same quorum or voting requirement and be adopted by the same
772 vote and voting groups required to take action under the quorum
773 and voting requirements then in effect or proposed to be
774 adopted, whichever is greater. This section does not apply to
775 any corporation that is an association, as defined in s.

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776 720.301(10) s. 720.301(9), or any corporation regulated under
777 chapter 718 or chapter 719.
778 Section 13. Paragraph (b) of subsection (1) of section
779 718.116, Florida Statutes, is amended to read:
780 718.116 Assessments; liability; lien and priority;
781 interest; collection.—
782 (1)
783 (b)1. The liability of a first mortgagee or its successor
784 or assignees who acquire title to a unit by foreclosure or by
785 deed in lieu of foreclosure for the unpaid assessments that
786 became due before the mortgagee's acquisition of title is
787 limited to the lesser of:
788 a. The unit's unpaid common expenses and regular periodic
789 assessments which accrued or came due during the 12 months
790 immediately preceding the acquisition of title and for which
791 payment in full has not been received by the association; or
792 b. One percent of the original mortgage debt. The
793 provisions of this paragraph apply only if the first mortgagee
794 joined the association as a defendant in the foreclosure action.
795 Joinder of the association is not required if, on the date the
796 complaint is filed, the association was dissolved or did not
797 maintain an office or agent for service of process at a location
798 which was known to or reasonably discoverable by the mortgagee.
799 2. An association, or its successor or assignee, that
800 acquires title to a unit through the foreclosure of its lien for

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801 assessments is not liable for any unpaid assessments, late fees,
802 interest, or reasonable attorney's fees and costs that came due
803 before the association's acquisition of title in favor of any
804 other association, as defined in s. 718.103 or s. 720.301(10) s.
805 720.301(9), which holds a superior lien interest on the unit.
806 This subparagraph is intended to clarify existing law.
807 Section 14. Paragraph (d) of subsection (2) of section
808 720.3085, Florida Statutes, is amended to read:
809 720.3085 Payment for assessments; lien claims.—
810 (2)
811 (d) An association, or its successor or assignee, that
812 acquires title to a parcel through the foreclosure of its lien
813 for assessments is not liable for any unpaid assessments, late
814 fees, interest, or reasonable attorney's fees and costs that
815 came due before the association's acquisition of title in favor
816 of any other association, as defined in s. 718.103 or s.
817 720.301(10) s. 720.301(9), which holds a superior lien interest
818 on the parcel. This paragraph is intended to clarify existing
819 law.
820 Section 15. This act shall take effect October 1, 2025.

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PCS for CS/HB 643
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for CS/HB 643 COMPANION BILL: CS/SB 1184 (DiCeglie)
TITLE: Insurance LINKED BILLS: None
SPONSOR(S): Commerce Committee RELATED BILLS: None
Committee References
Orig. Comm.: Commerce

SUMMARY
Effect of the Bill:
The bill:
 Authorizes the Florida Department of Law Enforcement (FDLE) to process background checks for insurance
personnel.
 Requires fair, documented affiliate compensation; mandates fee-for-service model by July 2026; requires
the Office of Insurance Regulation (OIR) approval for payments, dividends, and capital transfers to affiliates.
 Requires all affiliate payments to comply with new standards.
 Removes the definition of “diligent effort” relating to surplus lines;
 Revises surplus lines eligibility by eliminating the requirement that agents seek coverage from authorized
insurers before placing coverage in the surplus lines market, replacing it with a standard that allows export
if the coverage is not generally available from authorized insurers; clarifies that the full amount of
insurance may be exported without layering; and retains the required disclosure to insureds; and
 Authorizes Citizens Property Insurance Corporation to offer policyholders the option, at issuance or
renewal, to resolve claim disputes through arbitration before the Division of Administrative Hearings, with
specific notice and selection requirements.
 Reduces the coursework requirement for general lines agent licensure from 200 to 60 hours.

Fiscal or Economic Impact:
The bill will have an indeterminate fiscal impact.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Background Checks
The bill authorizes the FDLE to accept and process fingerprints and exchange criminal history records for
individuals involved in the insurance industry. The bill requires background checks for a wide range of persons
associated with insurers or insurance-related entities, including officers, employees, contractors, or persons who
control insurance operations. Fingerprints must be submitted to the OIR or an authorized vendor and will be
processed by both the FDLE and the Federal Bureau of Investigation. The results of the background checks will be
used by the OIR to determine whether individuals meet eligibility requirements for licensure, certification, or
authority to operate under the Florida Insurance Code. The bill also provides procedures for submission, retention,
and cost responsibilities associated with fingerprint processing and background checks. (Section 1).

Affiliate Transaction Oversight
The bill provides increased regulatory oversight of financial transactions between insurers and affiliated entities,
including managing general agents (MGAs), attorneys in fact, and reciprocal insurers. The bill applies to any
authorized insurer that involves compensation to such entities and establishes requirements to ensure those
payments are fair, reasonable, and in the insurer’s best interest.
STORAGE NAME: PCS0643.COM
DATE: 4/21/2025
1
The bill defines key terms, including "affiliated entity," which broadly includes affiliates, MGAs, attorneys in fact,
and reciprocal insurers involved in compensation with the insurer.

The bill requires insurers to submit documentation to the OIR demonstrating that all fees, commissions, or
payments to affiliated entities are fair and reasonable for each service provided. The OIR must evaluate this using
specified factors, including the actual cost of services, financial condition of the parties, debt levels, dividends or
payments exchanged, and whether the contract terms benefit the insurer.

For all agreements in effect on July 1, 2025, insurers must report by October 1, 2025, the costs incurred by
affiliates, amounts charged to the insurer, and any fees forgiven or reimbursed over the past two years. If charges
exceed costs, insurers must justify how the fees are fair and reasonable. New contracts after that date must include
similar documentation before becoming effective.

Beginning July 1, 2026, all compensation arrangements must follow a fee-for-service model, meaning fixed or
hourly rates for itemized services. Compensation may not be based on commissions, premium volume,
underwriting profits, or financial performance of the insurer. Dividends or other financial arrangements with
affiliates are still allowed but must be reviewed and approved by the OIR.

The bill also provides that:
 All agreements with affiliated entities must include a termination clause and may not exceed three years
without undergoing review and reapproval by the OIR.
 The OIR must be notified at least 30 days in advance before an insurer pledges capital or assets to an
affiliate, and the OIR may prohibit such arrangements if not in the insurer’s best interest.
 During a declared emergency, the OIR may issue orders restricting transfers of funds to affiliates without
prior approval, for up to 90 days, with extensions allowed.
 The OIR may recover improper transfers, including those made in violation of approved arrangements or
while the insurer was undercapitalized.

Finally, the bill authorizes the OIR to impose penalties for violations of these requirements and requires the
Financial Services Commission to adopt rules to implement these provisions. (Section 2).

Affiliate Compensation Compliance
The bill requires that affiliate compensation arrangements comply with the provisions created in the bill, in
addition, to the existing requirement that such payments be fair and reasonable. (Section 3).

Surplus Lines
The bill removes the definition of “diligent effort,” which previously required agents to seek and be rejected by
three authorized insurers before being admitted to the surplus lines market. (Section 4).

The bill revises eligibility standards for surplus lines insurance placements by removing the requirement that a
producing agent conduct and document a diligent effort to procure coverage from authorized insurers. Instead, the
bill provides that coverage may be exported to the surplus lines market if it is of a kind or class not generally
available from authorized insurers transacting insurance in this state. The bill also clarifies that the full amount of
insurance may be exported, even if partial coverage might otherwise be available from authorized insurers,
thereby eliminating the expectation that the risk be layered before surplus lines placement is permitted. (Section
5).

Citizens Arbitration Procedures
The bill authorizes Citizens Property Insurance Corporation (Citizens) to offer policyholders the option to resolve
claim disputes through arbitration proceedings before the Division of Administrative Hearings (DOAH). While
current law allows Citizens to use DOAH, the bill clarifies that this option can be offered directly to insureds in
policy forms.

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2
At issuance or renewal, Citizens may use forms that let insureds elect DOAH arbitration for disputes involving
coverage, scope, or value of a claim. The insured must be given written notice of this option and indicate their
choice by marking “ACCEPT” or “DECLINE” on a boldfaced 12-point disclosure immediately before the insured’s
signing. The selection applies for the entire policy term. (Section 6).

General Lines Agents
The bill decreases the coursework requirement for general lines agent licensure from 200 hours to 60 hours.
(Section 7).

The bill provides an effective date of July 1, 2025. (Section 8).

RULEMAKING:
The bill grants rulemaking authority to the OIR to implement the affiliate transaction oversight provisions created
by the bill, and requires rulemaking to implement s. 628.372, F.S., relating to financial arrangements with affiliates.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The bill will have an indeterminate fiscal impact.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Regulation of Insurance in Florida
The Office of Insurance Regulation (OIR) regulates specified insurance products, insurers and other risk bearing
entities in Florida.1 As part of their regulatory oversight, the OIR may suspend or revoke an insurer’s certificate of
authority under certain conditions.2 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.3 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.4 The OIR is also authorized to conduct market conduct examinations to determine compliance with
applicable provisions of the Insurance Code.5

Insurance companies that transact insurance in Florida or that have offices located in the state are required to
obtain a certificate of authority (COA) issued by the OIR pursuant to s. 624.401, F.S. These companies, referred to
as authorized or admitted insurers,6 are broadly regulated by the OIR under the Insurance Code as to reserves,
surplus as to policyholders, solvency, rates and forms, market conduct, permissible investments, and affiliate
relationships.7 Authorized insurers are also required to participate in a variety of government mandated insurance
programs and pay assessments levied by state guaranty funds in the event of insurer insolvencies.8

1 S. 20.121(3)(a), F.S. The Financial Services Commission, composed of the Governor, the Attorney General, the Chief Financial Officer, and

the Commissioner of Agriculture, serves as agency head of the Office of Insurance Regulation for purposes of rulemaking. Further, the
Financial Services Commission appoints the commissioner of the Office of Insurance Regulation.
2 S. 624.418, F.S.
3 S. 624.316(1)(a), F.S.
4 S. 624.318(2), F.S.
5 S. 624.3161, F.S.
6 An “authorized” or “admitted” insurer is one duly authorized by a COA to transact insurance in this state.
7 The Insurance Code consists of chs. 624-632, 634, 635, 636, 641, 642, 648, and 651, F.S.
8 For example, Florida licensed direct writers of property and casualty insurance must be members of the Florida Insurance Guaranty

Association, which handles the claims of insolvent insurers under part II of ch. 631, F.S., and insurers offering workers’ compensation

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Florida Department of Law Enforcement
The Florida Department of Law Enforcement (FDLE) is a state agency created in 1969 to provide investigative,
forensic, and criminal justice services in support of Florida’s law enforcement community.9 FDLE operates under
the direction of the Florida Cabinet and maintains its headquarters in Tallahassee, with regional operations
throughout the state. FDLE’s mission is to promote public safety and strengthen domestic security by providing
services to local, state, and federal agencies.10

FDLE is responsible for processing criminal history background checks and fingerprint submissions for a wide
range of professions and regulatory programs, including those involving licensure and employment eligibility.11
The agency is authorized to exchange fingerprint data with the United States Department of Justice as part of
national criminal history checks.12

As part of Florida’s oversight of the insurance industry, the FDLE provides access to criminal history information to
noncriminal justice agencies, such as the Department of Financial Services (DFS), for use in evaluating insurance
licensure applications.13 Individuals applying for licenses—such as insurance agents, adjusters, and other regulated
professionals—must submit to fingerprint-based background screenings.14 Fingerprints must be submitted
electronically through a LiveScan vendor approved by FDLE.15 FDLE processes the fingerprints and transmits the
results to the appropriate licensing authority, typically DFS, to determine the applicant’s eligibility.16

Managing General Agents
Some insurers operate within a holding company system that includes a managing general agent (MGA).17 An MGA
is a specialized type of insurance agent or broker that has underwriting authority from an insurer.18 MGAs can
perform certain functions that insurers typically handle, including binding coverage, underwriting and pricing,
agent appointments, and claims adjusting and settlement.19 An MGA may be an affiliate of an insurer. Section
624.10(1), F.S., defines an affiliate as an entity that exercises control over or is directly or indirectly controlled by
an insurer. MGAs must enter into contracts with the insurers they do business with, including those that are
affiliates—that is, entities that control or are controlled by the insurer.20 These contracts must specify the division
of responsibilities between the insurer and the MGA.21

There is currently no statutory limit on the duration of these contracts.

Examination of Insurers and MGAs
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.22 The OIR's examination authority extends
to MGAs.23

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

coverage in Florida must be members of the Florida Workers’ Compensation Insurance Guaranty Association, which provides payment of
covered claims for insurers that are declared insolvent under part V of ch. 631, F.S.
9 s. 943.03, F.S.
10 FDLE, Mission Statement, https://www.fdle.state.fl.us (last visited April 1, 2025).
11 S. 943.053, F.S.
12 S. 943.054, F.S.
13 S. 943.053(3)(a), F.S.
14 S. 626.171(4), F.S.
15 Florida Department of Financial Services, Fingerprinting Information, https://www.myfloridacfo.com/division/agents/licensing/agents-

and-adjusters/fingerprinting-information. (last visited on April 2, 2025).
16 Id.
17 See s. 628.801, F.S. An “insurance holding company system” consists of two or more affiliated persons, one or more of which is an insurer.
18 S. S. 626.015(16)(a), F.S., see also, International Risk Management Institute, https://www.irmi.com/term/insurance-

definitions/managing-general-agent (last visited Mar. 28, 2025);
19 Id.
20 S. 626.7451, F.S.
21 Id.
22 s. 624.316(1)(a), F.S.
23 Id.; S. 626.7452, F.S.

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4
of the examination.24 As part of an examination, the OIR reviews contracts between insurers and MGAs, so that it
can determine how much an insurer is paying its MGA and what services the insurer is receiving for the fee it pays.
The scope of the examination of an insurer’s affiliates in a holding company system is limited to information
reasonably necessary to ascertain an insurer’s financial condition.

Reciprocal Insurers
Reciprocal insurance exchanges are a form of insurance organization in which businesses and individuals exchange
insurance contracts and spread the risks associated with such contracts among themselves.25 Policyholders of a
reciprocal insurance exchange are known as “subscribers.”26 A reciprocal insurer operates through a common
representative known as the attorney in fact, who manages the day-to-day business and executes insurance
contracts on behalf of all subscribers.27 The authority of the attorney in fact is granted through a power of attorney
agreement signed by each subscriber.28

Chapter 629, Florida Statutes, governs the regulation of reciprocal insurers in Florida. A reciprocal insurer may
transact any type of insurance authorized under the Florida Insurance Code, except title insurance. Reciprocal
insurers must be licensed by the OIR and are subject to financial and operational requirements, including annual
reporting and minimum surplus standards.29

Payments to Affiliates
Each insurer doing business in Florida that pays a fee, commission, or other financial consideration or payment to
any affiliate is required to provide, upon request of the OIR, any information the OIR deems necessary. The fee,
commission, or other financial consideration or payment to any affiliate must be fair and reasonable. In
determining whether the fee, commission, or other financial consideration or payment is fair and reasonable, the
OIR must consider, among other things, the actual cost of the service being provided.30

Surplus Lines Insurance
Surplus lines insurance is the market of last resort for difficult to place commercial and personal lines risks in
Florida.31 Typically, surplus lines insurers write policies for unusual, high-risk situations that include hazardous
materials transporters, commercial trucking enterprises, day care centers, older homes located in coastal areas,
professional athletes, hospitals, expensive boats and cars, and medical malpractice. Surplus lines insurance is
coverage provided by a company that is not licensed in Florida but is allowed to transact insurance in the state as
an “eligible” insurer32 under the surplus lines law (ss. 626.913-626.937, F.S.). Under this law, insurance may only
be purchased from a surplus lines carrier if the necessary amount of coverage cannot be procured after a diligent
effort to buy the coverage from authorized insurers.33
Rates charged by a surplus lines carrier must not be lower than the rate applicable and in use by the majority of the
authorized insurers writing similar coverages on similar risks in Florida.34 Likewise, a surplus lines policy contract
form must not be more favorable to the insured as to the coverage or rate offered by the majority of authorized
carriers.35 Except as specifically stated as applicable, surplus lines insurers are not subject to regulation under

24 s. 624.318(2), F.S.
25 Julia Kagan and Eric Estevez, Reciprocal Insurance Exchange: Definition, How It Works, Example (last updated Sep. 28, 2023), Investopedia,

https://www.investopedia.com/terms/r/reciprocal-insurance-exchange.asp (last visited Mar. 28, 2024).
26 Id.
27 Verstein, supra note 4 at 264.
28 Id. at 251.
29 S. 629.041(1), F.S. Such an insurer may purchase reinsurance and may grant reinsurance as to any kind of insurance it is authorized to

transact directly. See s. 629.041(2), F.S.
30 S. 624.424(13), F.S.
31 Surplus lines insurance is insurance coverage provided by an insurer that is not licensed in Florida but is allowed to do business in the

state because the particular coverage offered is not available from Florida-licensed or authorized carriers. Surplus lines insurers are
governed under the Surplus Lines Law (ss. 626.913-626.937, F.S.).
32 An “eligible surplus lines insurer” as defined in s. 626.914(2), F.S., is an “unauthorized insurer” which has been made eligible by the Office

of Insurance Regulation to issue insurance coverage under the surplus lines law.
33 See s. 626.914(4), F.S. A “diligent effort” is defined as seeking coverage from and being rejected by at least three authorized insurers that

write the type of coverage being sought. The rejections must be documented.
34 S. 626.916(1)(b), F.S.
35 S. 626.916(1)(c), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
ch. 627, F.S., of the Florida Insurance Code, which includes, in part, provisions related to ratings standard,
contracts, and attorney fees for authorized insurers.36

The Florida Surplus Lines Service Office (FSLSO) is governed by a nine-person board of governors consisting of
eight members appointed by the DFS with the insurance consumer advocate being the ninth member.37 The FSLSO
is required to perform its functions under a plan of operation38 that is subject to the approval of the OIR.39 The
FSLSO is required to conduct the following activities:
 Receive, record and review all surplus lines insurance policies;
 Maintain records of the policies reported to the FSLSO and perform reports as required by the Financial
Services Commission;
 Prepare and deliver to each surplus lines agent quarterly reports of each agent's business;
 Collect and remit to the DFS the surplus lines tax as provided for in s. 626.932, F.S.;
 Reconcile the policies provided by non-admitted insurers with the policies reported to the service office by
agents;
 Collect monthly from each surplus lines agent a service fee of up to .03 percent; and
 Other activities as specified by statute.40

Diligent Effort
“To export” a policy means that an insurance agent,41 with the consent of the insurance applicant, places a policy
with an unauthorized insurer under the Surplus Lines Law through a surplus lines agent.42 Unless an exception
applies, in order to place business with a surplus lines insurer, the agent must make a “diligent effort” to place the
policy with a Florida-authorized insurer, which is shown by having three written rejections of coverage from
authorized insurers currently writing the type of insurance being sought.43 However, if the cost to replace a
residential dwelling is $700,000 or more, then diligent effort is seeking and being denied coverage from at least
one authorized insurer in the admitted market currently writing that type of coverage.44

Export requirements further specify that:
 The premium rate for policies written by a surplus lines insurer cannot be less than the premium rate used
by a majority of authorized insurers for the same coverage on similar risks;
 The policy exported cannot provide coverage or rates that are more favorable than those that are used by
the majority of authorized insurers actually writing similar coverages on similar risks;
 The deductibles must be the same as those used by one or more authorized insurers, unless the coverage is
for fire or windstorm; and
 The policyholder must be advised in writing that coverage may be available and less expensive in the
admitted market and persons insured by surplus lines carriers are not protected under the Florida
Insurance Guaranty Act with respect to any right of recovery for the obligation of an insolvent unlicensed
insurer.45

Only four states do not require that an agent make a diligent effort before exporting a policy to a surplus lines
insurer.46 Nineteen states require the agent obtain at least three declinations from authorized insurers before
exporting a policy to a surplus lines insurer.47

36 S. 626.913(4), F.S.
37 S. 626.921(4), F.S.
38 S. 626.921(3), F.S.
39 S. 626.921(5), F.S.
40 S. 626.921(3), F.S.
41 Typically, the applicant’s usual insurance agent works with the surplus lines agent to arrange the placement, rather than the applicant

working directly with the surplus lines agent.
42 S. 626.914(3), F.S.
43 Ss. 626.914(4) and 626.916(1)(a), F.S.
44 S. 626.914(4), F.S.
45 S. 626.916(1), F.S.
46 These states are Louisiana, Mississippi, Virgina, and Wisconsin. See Wholesale & Specialty Insurance Association Diligent Effort

Compliance Chart, https://www.wsia.org/docs/Diligent%20effort%20chart%202-3-17.pdf (last visited Apr. 3, 2025).
47 Id. Ohio requires five declinations and New Mexico requires four declinations. Idaho and South Carolina require only one declination.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
Citizens Property Insurance Corporation
Citizens Property Insurance Corporation (Citizens) is a state-created, not-for-profit, tax-exempt governmental
entity whose public purpose is to provide property insurance coverage to those unable to find affordable coverage
in the voluntary admitted market.48 Citizens is not a private insurance company.49 Citizens was statutorily created
in 2002 when the Florida Legislature combined the state’s two insurers of last resort, the Florida Residential
Property and Casualty Joint Underwriting Association (RPCJUA) and the Florida Windstorm Underwriting
Association (FWUA).50

Citizens operates in accordance with the provisions in s. 627.351(6), F.S., and is governed by a nine-member Board
of Governors (board) that administers its Plan of Operations. The Plan of Operations is reviewed and approved by
the Financial Services Commission.51 The Governor, President of the Senate, Speaker of the House of
Representatives, and Chief Financial Officer each appoint two members to the board.52 The Governor appoints an
additional member who serves solely to advocate on behalf of the consumer.53 Citizens is subject to regulation by
the Office of Insurance Regulation (OIR).

Citizens may only appoint as its licensed agents those agents who also hold an appointment by at least three
insurers who are authorized to write and are actually writing or renewing personal lines residential property
coverage, commercial residential property coverage, or commercial nonresidential property coverage within the
state.54

The Division of Administrative Hearings (DOAH)
DOAH is a state agency that employs full-time Administrative Law Judges to conduct hearings in most cases in
which the substantial interests of a person are determined by an agency and which involve a disputed issue of
material fact.55 When a state agency proposes to take some action that is adverse to a person, the affected person is
normally entitled to request an administrative hearing to determine the matter.56 Requests for hearings are
initially made to the appropriate state agency.57 If the case does not involve disputed facts, the agency itself will
conduct a proceeding and subsequently render a decision.58 If the request for hearing indicates that the affected
person disputes facts upon which the proposed action is based, the agency ordinarily refers the case to DOAH for a
hearing.59

DOAH provides a hearing conducted by an independent and neutral Administrative Law Judge who thereafter
enters a Recommendation or Final Order, which is provided to the state agency and the parties in the case. In the
case of a Recommended Order, the agency reviews the Recommended Order and issues a Final Order which usually
adopts the Judge's factual findings, but, under certain circumstances, the agency may reject or modify certain legal
conclusions of the Judge or the recommended penalty, if any. If the Final Order is adverse to the non-agency party,
an appeal may be taken within a limited time to a District Court of Appeal.60

Integration of DOAH in Citizens' Dispute Resolution Process
Traditionally, disputes between Citizens and its policyholders that couldn't be resolved through informal
negotiations or traditional alternative dispute resolution methods often resulted in civil suits filed in circuit court.
In July 2022, Citizens' Board of Governors approved a policy endorsement allowing either the insurer or the

48 The term “admitted market” means insurance companies licensed to transact insurance in Florida.
49 S. 627.351(6)(a)1., F.S.
50 S. 2, ch. 2002-240, Laws of Fla.
51 S. 627.351(6)(a)2., F.S.
52 S. 627.351(6)(c)4.a., F.S.
53 S. 627.351(6)(c)4., F.S.
54 S. 627.351(6)(c)13., F.S.
55 Ch. 120, F.S.
56 S.120.68(1), F.S.
57 See Uniform Rule 28-106.201(2).
58 S.120.57(2), F.S.
59 S.120.57(1), F.S.
60 S.120.68(2)(a), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
insured to direct claims disputes to DOAH. This endorsement was subsequently approved by the OIR in August
2022 and became effective for new and renewing policies on February 1, 2023. 61

HB 799 (2023) codified Citizens’ authority to include DOAH arbitration in its policy forms and to contract with
DOAH to conduct claim-related dispute proceedings. Under current law, such proceedings are not governed by ch.
120, F.S., but are instead subject to ss. 57.105 and 768.79, F.S., allowing for attorney fee awards and settlement
procedures similar to those in circuit court.62

General Lines Agent
A general lines agent63 is one who sells the following lines of insurance: property;64 casualty,65 including
commercial liability insurance underwritten by a risk retention group, a commercial self-insurance fund,66 or a
workers’ compensation self-insurance fund;67 surety;68 health;69 and, marine.70 The general lines agent may only
transact health insurance for an insurer that the general lines agent also represents for property and casualty
insurance. If the general lines agent wishes to represent health insurers that are not also property and casualty
insurers, they must be licensed as a health insurance agent.71 Motor vehicle insurance is a type of casualty
insurance.72

RECENT LEGISLATION:

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

2023 799 Griffitts and Barnaby Martin The bill was approved by the
Governor on May 31, 2023.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Commerce Committee Hamon Herrera

61 See Insurance Journal, Citizens Insurance to Begin Using DOAH for Dispute Resolution, July 14, 2022,

https://www.insurancejournal.com/news/southeast/2022/07/14/675721.htm (last visited Apr. 3, 2025); Insurance Journal, Citizens
Insurance Adds DOAH Arbitration Option to Policies, Feb. 6, 2023.
https://www.insurancejournal.com/news/southeast/2023/02/06/706063.htm last visited Apr. 3, 2025).
62 Ch. 2023-172, § 5, Laws of Fla.; see also § 57.105, 768.79, Fla. Stat. (2023).
63 S. 626.015(5), F.S.
64 S. 624.604, F.S.
65 S. 624.605, F.S.
66 As defined in s. 624.462, F.S.
67 Pursuant to s. 624.4621, F.S.
68 S. 626.606, F.S.
69 Ss. 624.603 and 627.6482, F.S.
70 S. 624.607, F.S.
71 S. 626.829, F.S.
72 S. 624.605, F.S.

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8
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1 A bill to be entitled
2 An act relating to insurance; amending s. 626.914,
3 F.S.; removing the definition of the term "diligent
4 effort"; amending s. 626.916, F.S.; removing the
5 diligent effort and other requirements for insurance
6 coverage to be eligible for export; providing that
7 insureds are presumed to have been informed and to
8 know of the availability of certain insurance coverage
9 under specified circumstances; creating s. 624.341,
10 F.S.; providing legislative findings and intent;
11 requiring the Department of Law Enforcement to accept
12 certain fingerprints; specifying procedures for
13 fingerprinting; authorizing the department to exchange
14 certain records with the Office of Insurance
15 Regulation; specifying that fingerprints must be
16 submitted in accordance with certain rules;
17 authorizing that the fingerprints be submitted through
18 a third-party vendor authorized by the department;
19 requiring the department to conduct certain background
20 checks; requiring that certain fingerprints be
21 submitted and entered into a specified system;
22 requiring the office to inform the department of any
23 person whose fingerprints no longer must be retained;
24 specifying who bears the costs of fingerprint
25 processing; specifying that certain criminal records

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26 must be used by the office for certain purposes;
27 creating s. 624.347, F.S.; providing definitions;
28 providing applicability; establishing standards for
29 compensation arrangements and oversight of affiliate
30 transactions involving insurers, managing general
31 agents, and attorneys in fact; providing penalties;
32 requiring the office to adopt rules; amending s.
33 624.424, F.S.; specifying requirements for affiliate
34 compensation arrangements; removing requirements that
35 the office consider a specified factor in determining
36 whether certain affiliate considerations and payments
37 by an insurer are fair and reasonable; amending s.
38 626.732, F.S.; revising the requirements for licensing
39 and qualifying for general lines agents; amending s.
40 627.351, F.S.; requiring notification of arbitration
41 before the Division of Administrative Hearings as an
42 option for dispute resolution procedures under
43 Citizens Property Insurance Corporation; removing
44 obsolete language; providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Section 624.341, Florida Statutes, is created
49 to read:
50 624.341 Authority of Department of Law Enforcement to

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51 accept fingerprints of, and exchange criminal history records
52 with respect to, certain persons applying to the Office of
53 Insurance Regulation.—
54 (1) The Legislature finds that criminal activity of
55 insurers poses a particular danger to the residents of this
56 state. Floridians rely, in good faith, on the honest conduct of
57 those who issue and manage insurance policies and other
58 insurance instruments in this state. To safeguard this state's
59 residents, the Legislature finds it necessary to ensure that
60 incorporators, subscribers, officers, employees, contractors,
61 stockholders, directors, owners, members, managers, or
62 volunteers, or in the organization, operation, or management of
63 any insurer that is authorized to sell insurance do not have a
64 criminal background.
65 (2) The Department of Law Enforcement shall accept and
66 process fingerprints of incorporators, subscribers, officers,
67 employees, contractors, stockholders, directors, owners,
68 members, managers, or volunteers involved in the organization,
69 operation, or management of:
70 (a) Any insurer or proposed insurer transacting or
71 proposing to transact insurance in this state.
72 (b) Any entity that is eligible to be examined or
73 investigated under 624.316, F.S.
74 (3) Each person required to submit fingerprints to the
75 office, must provide a full set of fingerprints to the office or

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76 to a vendor, an entity, or an agency authorized by s.
77 943.053(13). The office, vendor, entity, or agency shall forward
78 the fingerprints to the Department of Law Enforcement for state
79 processing, and the Department of Law Enforcement shall forward
80 the fingerprints to the Federal Bureau of Investigation for
81 national processing as described in s. 624.34. Fees for state
82 and federal fingerprint processing must be borne by the person
83 submitting the fingerprints. The state cost for fingerprint
84 processing is as provided in s. 943.053(3)(e).
85 (4) The Department of Law Enforcement may, to the extent
86 provided by federal law, exchange any state or national criminal
87 history records with the office for the purpose of issuance or
88 continuation of a certificate of authority, certification, or
89 license to operate in this state.
90 (5) Fingerprints must be submitted in accordance with
91 rules adopted by the commission.
92 (a) Fingerprints may be submitted through a third-party
93 vendor authorized by the Department of Law Enforcement.
94 (b) The Department of Law Enforcement shall conduct the
95 state criminal history background check, and a federal criminal
96 history background check shall be conducted through the Federal
97 Bureau of Investigation.
98 (c) All fingerprints submitted to the Department of Law
99 Enforcement must be submitted and entered into the statewide
100 automated fingerprint identification system established in s.

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101 943.05(2)(b) and available for use in accordance with s.
102 943.05(2)(g) and (h).
103 (d) The costs of fingerprint processing, including the
104 cost of retaining the fingerprints, must be borne by the person
105 subject to the background checks.
106 (e) The office shall review the results of the state and
107 federal criminal history background checks and determine whether
108 the applicant meets the requirements for the certificate of
109 authority, certification, or license to operate in this state.
110 (6) Statewide criminal records obtained through the
111 Department of Law Enforcement, federal criminal records obtained
112 through the Federal Bureau of Investigation, and local criminal
113 records obtained through local law enforcement agencies must be
114 used by the office for the purpose of issuance, denial,
115 suspension, or revocation of certificates of authority,
116 certifications, or licenses issued to operate in this state.
117 Section 2. Section 624.347, Florida Statutes, is created
118 to read:
119 624.347 Affiliate transactions; managing general agents;
120 attorneys in fact; oversight.—
121 (1) DEFINITIONS.—As used in this section, the term:
122 (a) “Affiliated entity” means any affiliate of an insurer.
123 The term includes a managing general agent, attorney in fact,
124 and reciprocal insurer when acting in a capacity that involves
125 compensation from the insurer.

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126 (b) “Attorney in fact” has the same meaning as in s.
127 629.011.
128 (c) “Managing general agent” has the same meaning as in s.
129 626.015.
130 (d) “Reciprocal insurer” has the same meaning as in s.
131 629.011.
132 (e) “Insurer” means an authorized property insurer.
133 (2) APPLICABILITY.—This section applies to any insurer that
134 contracts with or makes payments to an affiliated entity.
135 (3) COMPENSATION ARRANGEMENTS WITH AFFILIATED ENTITIES.—
136 (a) Each insurer doing business in this state which pays,
137 directly or indirectly, a fee, commission, or other financial
138 consideration or payment to any affiliated entity must provide
139 to the office documentation demonstrating that such fee,
140 commission, or other financial consideration or payment is fair
141 and reasonable for each service being provided. In determining
142 whether the fee, commission, or other financial consideration or
143 payment is fair and reasonable, the office must consider all of
144 the following:
145 1. The actual cost of each service provided by an
146 affiliated entity.
147 2. The relative financial condition of the insurer and the
148 affiliated entity.
149 3. The level of debt and how that debt is serviced.
150 4. The amount of the dividends paid by the insurer and the

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151 affiliated entity and for what purpose.
152 5. Whether the terms of the written contract benefit the
153 insurer and are in the best interest of the policyholders or
154 subscribers.
155 6. Any other such information as the office reasonably
156 requires in making this determination.
157 (b) For each agreement with an affiliated entity in force
158 on July 1, 2025, each insurer shall provide to the office no
159 later than October 1, 2025, the cost incurred by the affiliated
160 entity to provide each service, the dollar amount charged to the
161 insurer for each service, and the dollar amount of fees
162 forgiven, waived, or reimbursed by the affiliated entity for the
163 2 most recent preceding years. If the total dollar amount
164 charged to the insurer was greater than the total cost to
165 provide services for either year, the insurer must explain how
166 it determined the fee was fair and reasonable. For any proposed
167 contract with an affiliated entity effective after July 1, 2025,
168 the insurer must provide documentation to support that the fee,
169 commission, or other financial consideration or payment to the
170 affiliated entity is fair and reasonable.
171 (c)1. Beginning July 1, 2026, the office may require
172 specific types of compensation arrangements between an insurer
173 and any affiliated entity to be be structured as fee for
174 service. As used in this subparagraph, the term “fee for
175 service” means fixed amounts or hourly rates for itemized

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176 services.
177 2. Compensation as a fee for service may not be based on:
178 a. Commission;
179 b. Premium volume;
180 c. Underwriting profit; or
181 d. Financial results of the insurer.
182 (d) This subsection does not prohibit an insurer from
183 paying a dividend or other financial arrangement to an
184 affiliated entity if such dividend or financial arrangement has
185 been reviewed and approved by the office pursuant to this
186 section, s. 628.372, or any other applicable law.
187 (e) An agreement between an insurer and an affiliated
188 entity must include a termination clause and may not exceed a
189 term of 3 years. Any extension of such an agreement must be
190 approved by the office before becoming effective. An agreement
191 between an insurer and an affiliated entity may include
192 provisions for extension, but may not remain in effect for
193 longer than 3 years without a review pursuant to paragraph (a)
194 and approval by the office. If the agreement provides for
195 extension, the agreement must clearly state that the extension
196 is subject to approval by the office at least every 3 years.
197 (4) EMERGENCY RESTRICTIONS.—
198 (a) During a declared emergency, the office may issue
199 orders restricting fund transfers from an insurer to an
200 affiliated entity without prior approval.

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201 (b) Orders under paragraph (a) may apply to all or
202 specified insurers and may not exceed 90 days unless extended by
203 the office.
204 (5) ADDITIONAL OVERSIGHT.—
205 (a) The office may recover improper affiliated entity
206 payment transfers, including, but not limited to, both of the
207 following:
208 1. Transfers that violate the approved compensation,
209 approved dividend, or any other approved financial arrangement.
210 2. Transfers made while the insurer was undercapitalized.
211 (b) An insurer must provide notice to the office at least
212 30 days before any pledge of capital or assets to any affiliated
213 entity for a loan or financial obligation. Such notice must
214 include a description of the collateral, the nature of the
215 obligation, and the parties involved. The office may reject and
216 prohibit the pledge if such financial arrangement is not in the
217 best interest of the insurer.
218 (6) ENFORCEMENT.—
219 (a) The office may impose penalties for violations of this
220 section.
221 (b) The office shall adopt rules to implement this section.
222 Section 3. Subsection (13) of section 624.424, Florida
223 Statutes, is amended to read:
224 624.424 Annual statement and other information.—
225 (13) Each insurer doing business in this state which pays

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226 a fee, commission, or other financial consideration or payment
227 to any affiliate directly or indirectly is required upon request
228 to provide to the office any information the office deems
229 necessary. The fee, commission, or other financial consideration
230 or payment to any affiliate must be fair and reasonable.
231 Affiliate compensation arrangements must comply with s. 624.347
232 and with the requirements of this subsection In determining
233 whether the fee, commission, or other financial consideration or
234 payment is fair and reasonable, the office shall consider, among
235 other things, the actual cost of the service being provided.
236 Section 4. Subsection (4) of section 626.914, Florida
237 Statutes, is amended to read:
238 626.914 Definitions.—As used in this Surplus Lines Law,
239 the term:
240 (4) "Diligent effort" means seeking coverage from and
241 having been rejected by at least three authorized insurers
242 currently writing this type of coverage and documenting these
243 rejections. However, if the residential structure has a dwelling
244 replacement cost of $700,000 or more, the term means seeking
245 coverage from and having been rejected by at least one
246 authorized insurer currently writing this type of coverage and
247 documenting this rejection.
248 Section 5. Paragraphs (a) and (e) of subsection (1) and
249 paragraph (b) of subsection (3) of section 626.916, Florida
250 Statutes, are amended to read:

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251 626.916 Eligibility for export.—
252 (1) No insurance coverage shall be eligible for export
253 unless it meets all of the following conditions:
254 (a) The coverage must be of a kind or class not generally
255 available from authorized insurers transacting insurance in this
256 state The full amount of insurance required must not be
257 procurable, after a diligent effort has been made by the
258 producing agent to do so, from among the insurers authorized to
259 transact and actually writing that kind and class of insurance
260 in this state, and the amount of insurance exported shall be
261 only the excess over the amount so procurable from authorized
262 insurers. Surplus lines agents must verify that a diligent
263 effort has been made by requiring a properly documented
264 statement of diligent effort from the retail or producing agent.
265 However, to be in compliance with the diligent effort
266 requirement, the surplus lines agent's reliance must be
267 reasonable under the particular circumstances surrounding the
268 export of that particular risk. Reasonableness shall be assessed
269 by taking into account factors which include, but are not
270 limited to, a regularly conducted program of verification of the
271 information provided by the retail or producing agent.
272 Declinations must be documented on a risk-by-risk basis. If it
273 is not possible to obtain the full amount of insurance required
274 by layering the risk, it is permissible to export the full
275 amount.

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276 (e) The insured has signed or otherwise provided
277 documented acknowledgment of a disclosure in substantially the
278 following form: "You are agreeing to place coverage in the
279 surplus lines market. Coverage may be available in the admitted
280 market. Persons insured by surplus lines carriers are not
281 protected under the Florida Insurance Guaranty Act with respect
282 to any right of recovery for the obligation of an insolvent
283 unlicensed insurer." If the acknowledgment of the disclosure is
284 signed by the insured, the insured is presumed to have been
285 informed and to know that other coverage may be available.
286 (3)
287 (b) Subsection (1) does not apply to classes of insurance
288 which are related to indemnity of deductibles for property
289 insurance or are subject to s. 627.062(3)(d)1. These classes may
290 be exportable under the following conditions:
291 1. The insurance must be placed only by or through a
292 surplus lines agent licensed in this state;
293 2. The insurer must be made eligible under s. 626.918; and
294 3. The insured has complied with paragraph (1)(e). If the
295 disclosure is signed by the insured, the insured is presumed to
296 have been informed and to know that other coverage may be
297 available, and, with respect to the diligent-effort requirement
298 under subsection (1), there is no liability on the part of, and
299 no cause of action arises against, the retail agent presenting
300 the form.

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PCS for CS/HB 643 2025

301 Section 6. Paragraph (ll) of subsection (6) of section
302 627.351, Florida Statutes, is amended to read:
303 627.351 Insurance risk apportionment plans.—
304 (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
305 (ll)1. In addition to any other method of alternative
306 dispute resolution authorized by state law, the corporation may
307 adopt policy forms that provide an option for the insured to
308 select, at the time of entering into the policy or upon renewal,
309 to have disputes regarding the corporation's claim
310 determinations for the resolution of disputes regarding its
311 claim determinations, including disputes regarding coverage for,
312 or the scope and value of, a claim, resolved through arbitration
313 in a proceeding before the Division of Administrative Hearings.
314 Each insured must be notified in writing, at the time of
315 entering into a policy with the corporation and upon each
316 renewal, that the insured must decide whether to resolve
317 disputes through arbitration before the Division of
318 Administrative Hearings. Such notification must be in at least
319 12-point boldfaced type, immediately preceding the insured's
320 signature in substantially the following form:
321
322 AN INSURED MUST CHOOSE AT THE TIME OF ENTERING INTO THIS POLICY
323 OR UPON RENEWAL WHETHER TO RESOLVE DISPUTES THROUGH ARBITRATION
324 BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS. THE INSURED MUST
325 INDICATE THIS SELECTION BY MARKING 'ACCEPT' OR 'DECLINE' BELOW.

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326 THIS DECISION CANNOT BE CHANGED DURING THE TERM OF THE POLICY.
327
328 2. Any such policies are not subject to s. 627.70154. All
329 arbitrations before proceedings in the Division of
330 Administrative Hearings pursuant to such policies are subject to
331 ss. 57.105 and 768.79 as if filed in the courts of this state
332 and are not considered chapter 120 administrative proceedings.
333 Rule 1.442, Florida Rules of Civil Procedure, applies to any
334 offer served pursuant to s. 768.79, except that, notwithstanding
335 any provision in Rule 1.442, Florida Rules of Civil Procedure,
336 to the contrary, an offer shall not be served earlier than 10
337 days after filing the request for hearing with the Division of
338 Administrative Hearings and shall not be served later than 10
339 days before the date set for the final hearing. The
340 administrative law judge in such arbitrations proceedings shall
341 award attorney fees and other relief pursuant to ss. 57.105 and
342 768.79. The corporation may not seek, and the office may not
343 approve, a maximum hourly rate for attorney fees.
344 2. The corporation may contract with the division to
345 conduct proceedings to resolve disputes regarding its claim
346 determinations as may be provided for in the applicable policies
347 of insurance. This subparagraph expires July 1, 2025.
348 Section 7. Subsection (1) of section 626.732, Florida
349 Statutes, is amended to read:
350 626.732 Requirement as to knowledge, experience, or

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351 instruction.—
352 (1) Except as provided in subsection (4), an applicant for
353 a license as a general lines agent, except for a chartered
354 property and casualty underwriter (CPCU), may not be qualified
355 or licensed unless, within the 4 years immediately preceding the
356 date the application for license is filed with the department,
357 the applicant has satisfied, at a minimum, one of the following
358 requirements:
359 (a) Taught or successfully completed 60 200 hours of
360 coursework in property, casualty, surety, health, and marine
361 insurance approved by the department, 3 hours of which must be
362 on the subject matter of ethics.;
363 (b) Completed at least 1 year in responsible insurance
364 duties as a substantially full-time bona fide employee in all
365 lines of property and casualty insurance as set forth in the
366 definition of a general lines agent under s. 626.015, but
367 without the education requirement described in paragraph (a).;
368 or
369 (c) Completed at least 1 year of responsible insurance
370 duties as a licensed and appointed customer representative,
371 service representative, or personal lines agent and 40 hours of
372 coursework approved by the department covering the areas of
373 property, casualty, surety, health, and marine insurance.
374 Section 8. This act shall take effect July 1, 2025.
375

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PCS for 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 #: PCS for CS/HB 991 COMPANION BILL: None
TITLE: Community and Economic Development LINKED BILLS: None
SPONSOR(S): Commerce Committee RELATED BILLS: None
Committee References
Orig. Comm.: Commerce

SUMMARY
Effect of the Bill:
The bill promotes the development of communities and economic growth in Florida by promoting the advancement
and growth of rural communities and removing regulatory barriers for businesses and professionals.

Fiscal or Economic Impact:
The Revenue Estimating Conference has not yet met to estimate the impacts of the bill on state and local
government revenues.

The bill creates new programs and expands existing programs to provide additional funding opportunities to
support rural community advancement and growth. Funding for these programs is subject to appropriation. Local
governments in rural areas of the state will likely benefit from participating in the new and expanded programs
provided for in the bill to the extent that funding is appropriated for those programs. Local governments may also
benefit from the retention of funds that would otherwise be deposited in a redevelopment trust fund. Citizens in
rural communities will benefit indirectly from programs designed to increase community investment.

The bill will likely reduce state and local government revenues associated with certain permitting and licensing
fees, though these reductions may be offset in whole or in part due to reduced operational and administrative costs
associated with these activities. The bill may have a positive impact on the private sector by lowering costs for
businesses and professionals.

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ANALYSIS
EFFECT OF THE BILL:
The bill promotes the responsible development of communities and economic growth in Florida by removing
regulatory barriers for businesses and professions and promoting the advancement of rural communities and
opportunity therein. The provisions of the bill are addressed in detail below.

Rural Communities

The Office of Rural Prosperity
The bill creates the Office of Rural Prosperity (Office) within the Department of Commerce (Department) for the
purpose of supporting rural communities, helping them navigate available state and federal resources, and
representing rural interests across state government. The Office will serve as the state point of contact for rural
local governments and will administer various rural-focused grant programs currently administered by the
Department, as well as new programs created in the bill. The Office will be led by a director, who will be appointed
by the Governor and confirmed by the Senate. (Section 297).

STORAGE NAME: PCS0991.COM
DATE: 4/21/2025
1
The Office will create and maintain an interactive tool, the “Rural Resource Directory,” designed for rural local
governments to navigate state and federal grants and resources.

The Office of Program Policy Analysis and Government Accountability (OPPAGA) will review the effectiveness of
the Office by December 15, 2026, and each year thereafter until 2028. Beginning in 2029, OPPAGA shall review and
evaluate the Office every three years and shall submit a report 1 based on its findings. (Section 297).

The bill transfers the administration of the following programs from the Department to the Office:
• Regional Rural Development Grants Program (Section 300);
• Rural Community Development Revolving Loan Fund (Section 303);
• Rural Infrastructure Fund (Section 304);
• Rural Economic Development Strategy Grants (Section 307).

Regional Rural Community Liaison Centers
The bill requires the Office, by October 1, 2025, to establish and staff seven regional rural community liaison
centers across the state for the purpose of providing in-person state support to rural local governments. The Office
must, by rule, divide the state into seven regions and assign a liaison center to each region. Each liaison center will
be staffed with at least two full-time department personnel who will be responsive to the rural local governments
within the respective region. Specifically, liaison centers are required, at a minimum, to do the following:
• Work with local governments to plan and achieve goals for local or regional growth, economic
development, and rural prosperity;
• Facilitate access to state and federal resources, such as grants, loans, and other aid or resources;
• Advise on waivers for rural local governments for certain requirements for state and federal programs,
such as local financial match waivers;
• Coordinate technical assistance needs with the Department and other state or federal agencies;
• Promote model ordinances, policies, and strategies related to economic development;
• Regularly engage with the Rural Economic Development Initiative; and
• Assist local governments with regulatory and reporting compliance. (Section 297)
Rural Communities Report
The bill requires OPPAGA and the Office of Economic and Demographic Research (EDR) to prepare a report on the
impact of the Florida Statutes on rural communities. Specifically, the two entities must review definitions in the
Florida Statutes of terms such as “rural community,” “rural area of opportunity,” and similar terms used to define
rural areas of the state to assess whether the current definitions are appropriate, whether appropriate metrics are
used to describe these communities, and if statutory changes are needed. OPPAGA and the EDR must also survey
rural local governments to evaluate the statutory advantages of qualifying as a rural local government and assess
perceived unmet needs in the implementation of current statutory provisions designed to support rural
communities. OPPAGA and the EDR must submit a report and recommendations to the President of the Senate and
the Speaker of the House of Representatives by December 31, 2025. These provisions expire on July 1, 2026.
(Section 294)

Fiscally-Constrained Counties
The bill updates definitions related to fiscally constrained counties (FCC). For example, the bill increases the FCC
threshold from a county that raises $5 million in property tax revenue per 1 mill, to $10 million per 1 mill. (Section
293)

The bill changes the formula for distributions to fiscally-constrained counties to use the following distribution
factors: sales tax collections, per capita personal income, and population. An FCC with declining per capita sales tax
collections or per capital personal income will receive a relatively larger share of the total distribution. Finally, the
bill adds spending requirements. Specifically, 50% of the distribution must be used for public safety, 30% for
infrastructure, and 20% for any public purpose. Debt service is prohibited. (Section 293)

1 OPPAGA must submit each report to the President of the Senate and the Speaker of the House of Representatives in

accordance with the schedule.
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2
Renaissance Grants for Counties with Declining Population
The bill establishes the Renaissance Grant Program to be administered by the Office of Rural Prosperity (Office).
Under the program, the Office, subject to appropriation, will provide block grants to counties that are “growth-
impeded,” meaning a county that has had a declining population over the last ten years, as certified by the EDR. By
October 1, 2025, the EDR must certify to the Office which counties are growth-impeded. After the initial
certification, the EDR shall annually certify whether each participating county remains growth-impeded, until the
county has three consecutive years of population growth. (Section 298)

Participating counties must enter into an agreement with the Office to receive a block grant and have broad
authority to design a specific plan to achieve population growth within the specified parameters. Participating
counties must design a plan to make targeted investments in the community to achieve population growth and
increase the economic vitality of the community. The plan must incorporate certain features. (Section 298)

Each participating county must hire a renaissance coordinator who is responsible for overseeing the use of funds,
coordinating with other entities, and complying with reporting requirements. Upon request, the regional rural
community liaison center staff must provide training and assistance to the renaissance coordinator. (Section 298)

The bill directs the Auditor General to conduct an operational audit of each participating county’s grant program
every two years, beginning in 2026. Additionally, on December 31, 2026, and each year thereafter, the EDR must
submit an annual report of grant recipients by county to the President of the Senate and the Speaker of the House
of Representatives. (Section 298)

The Renaissance Grant Program expires June 30, 2040. (Section 298)

Rural Economic Development Initiative (REDI)
The bill requires REDI to meet at least monthly and requires each REDI representative or his or her designee to be
physically present or available electronically. The bill provides a legislative finding that rural communities are the
essential conduits for the economy’s distribution, manufacturing, and food supply. The bill removes a reference to
“economically distressed” rural communities which broadens REDI’s reach to all rural communities. The bill
requires:
• Enhanced reporting on projects being coordinated by REDI and enhanced reporting on program
requirement waivers granted to rural communities, and
• REDI to provide legislative recommendations for statutory waivers or reductions for economic
development programs for rural applicants. (Section 305)

The bill removes language regarding rural enterprise zones, catalyst projects, and catalyst sites. (Section 305)

Agreements Funded with Federal or State Assistance
The bill clarifies provisions regarding the payment of invoices due and requires agencies to expedite such payment
requests for local governments. (Section 292)

The bill requires each state agency to annually report to the Office, by August 1, a summary of the implementation
of this provision for the previous fiscal year, which shall be incorporated in the office annual report (Section 292).

Small Business Development Center Network
The Small Business Development Center Network (Network) currently funds staff in rural areas to "ride the
circuit" of their region and work with local governments and communities to provide services, including access to
capital, technical assistance, and other small business services. The bill requires the Network to use funds directly
appropriated for the specific purpose of expanding service in rural communities in addition to any funds allocated
by the network from other sources. The bill also requires the Network to use such funds to develop, in
collaboration with regional economic development organizations, an activity plan focused on network consultants
and resources in rural communities. The plan must provide for either full- or part-time consultants to be available
for at least 20 hours per week in rural areas or be permanently stationed in rural areas. This may include

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establishing a circuit in specific rural locations to ensure the consultants' availability on a regular basis. The bill
provides that the Network may dedicate funds to facilitate local or regional events that focus on small business
topics, provide consulting services, and leverage partner organizations, such as the regional economic
development organizations, local workforce development boards as described in s. 445.07, F.S., and Florida College
System institutions (Section 295).

Inventory of Communities Seeking to Recruit Businesses
The bill requires each local government within a Rural Area of Opportunity (RAO) or its local economic
development organization to submit certain required information to the Department for inclusion in the inventory
of communities seeking to recruit businesses. (Section 296)

Rural Housing

Minimum Allocations for SHIP
Currently, allocations are population-based, with the minimum allocation for each county within the State Housing
Initiatives Partnership (SHIP) Program set at $350,000. The bill increases the minimum allocation for each county
to $1 million, subject to appropriation, which will provide additional funding to rural communities (Section 319).

Rental Housing in Rural Communities
The bill removes statutory restrictions on the use of SHIP funds. It allows counties and municipalities to use up to
25 percent of their SHIP funds to preserve existing multifamily affordable rental housing financed with USDA
loans. This provision expires on June 30, 2031. (Section 320)

The bill appropriates $30 million in nonrecurring funds from the General Revenue Fund to the Florida Housing
Finance Corporation (FHFC) to preserve affordable multifamily rental housing funded through USDA loans. Funds
must be used to issue competitive requests for application for the rehabilitation or acquisition of such properties
to ensure continued affordability. By October 1, 2026, the FHFC must submit a report to the President of the Senate
and the Speaker of the House of Representatives on projects funded pursuant to this section. The report must
include the number of units preserved and the financing portfolio for each project.

Rural Infrastructure

Rural Infrastructure Fund
The bill:
• Specifically provides that, subject to appropriation, Rural Infrastructure Fund grant funds may be awarded
to a unit of local government within a rural community or an RAO, or to a regional economic development
organization, a unit of local government, or certain economic development organizations for an
infrastructure project located within an unincorporated area that has a population of 15,000 or less, has
been in existence for 100 years or more, is contiguous to a rural community, and has been adversely
affected by a natural disaster or presents a unique economic development opportunity of regional impact.
• Clarifies that grant funds may be awarded for “site readiness” expenses, which may include clearing title,
surveys, permitting, environmental studies, and regulatory compliance costs.
• Requires the Office to consult with the Department of Transportation (FDOT) instead of Visit Florida when
reviewing applications for funding.
• Requires enhanced annual reporting of the program. (Section 304)

Rural Community Development Revolving Loan Fund
The bill requires the Office to include in its annual report detailed information about the Rural Community
Development Revolving Loan Fund, including loans made during the previous fiscal year, active loans, repaid loans,
and unobligated funds. (Section 303).

Coordination for Broadband Programs
The bill improves coordination and technical assistance between the Office of Broadband at the Department and
rural communities in need of broadband services. The bill requires the Office of Broadband:

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• To consult with each regional rural community liaison center and with the Office to develop and update its
strategic plan to increase broadband internet service.
• To submit a quarterly report on the implementation of broadband activities in rural communities and an
annual report to the Governor, the President of the Senate, and the Speaker of the House of
Representatives. (Section 310)

Public Infrastructure Smart Technology Grants
The bill creates the Public Infrastructure Smart Technology Grant Program, which will be administered by the
Office to fund and support infrastructure projects in rural communities that utilize smart technology to increase
efficiency, enhance public services, and promote sustainable development. (Section 299)

The bill directs the Office to contract with one or more not-for-profit entities (smart technology lead organization)
that specialize in smart regional planning to provide grants to counties and municipalities within a RAO for public
infrastructure smart technology projects. The bill defines “public infrastructure smart technology” as systems and
applications that use connectivity, data analytics, automation to improve public infrastructure by increasing
efficiency, enhancing public services, and promoting sustainable development. (Section 299)

Rural Economic Development Strategy Grants
The bill provides that grants may be provided to assist with costs associated with marketing sites to potential
businesses for an economic development project. The bill requires the regional rural community liaison centers
within the Office to aid those applying for grants. The bill provides that marketing grants may include funding to
deploy materials through advertising campaigns and costs associated with marketing, site preparation, meetings,
trade missions, and professional development. (Section 307)

Florida Arterial Road Modernization (FARM) Program
The bill creates the Florida Arterial Road Modernization (FARM) Program within FDOT to provide capacity and
safety improvements to two-lane arterial roads located in rural communities. (Sections 317, 318)

Beginning in fiscal year 2025-2026, subject to appropriation, the bill directs FDOT to allocate from the State
Transportation Trust Fund a minimum of $50 million annually to fund the FARM Program. The bill directs FDOT to
use certain criteria to prioritize funding projects under the program. (Section 317)

Beginning January 1, 2027, and every two years thereafter, FDOT must issue a report to the Governor, the
President of the Senate, and the Speaker of the House of Representatives evaluating the condition of arterial roads
in rural communities and the implementation of the FARM Program. (Section 317)

Small County Road Assistance Program
The Small County Road Assistance Program (SCRAP) assists small county governments in resurfacing and
reconstructing county roads. The bill amends powers and duties of FDOT to specifically authorize the department
to provide technical assistance and support to counties that are not located in a metropolitan planning
organization. (Section 312)

The bill requires FDOT to use the additional vehicle title fee revenues allocated by s. 339.0801, F.S., which are
currently directed to the state’s general revenue fund, to the State Transportation Trust Fund to increase funding
available for SCRAP. The bill provides that the current requirement for FDOT to expend $25 million annually on the
program is subject to appropriation. (Sections 313, 314, 318).

Small County Outreach Program
The bill amends provisions relating to the Small County Outreach Program (SCOP) to remove obsolete statutory
provisions and correct cross-references. Similarly, the bill revises the SCOP funding eligibility requirements to
repeal an existing category for certain local governments located within the Everglades Agricultural Area or
designated river basins. (Section 316).

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Community Redevelopment Agencies

The bill prohibits the creation of new community redevelopment agencies (CRAs) on or after July 1, 2025. It also
prohibits a CRA, or the governing body of the county or municipality that created the CRA, from expanding the
boundaries of the agency’s community redevelopment area 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, unless the
new project is completed by, and any new debt issued to finance a new project matures on or before, the agency’s
termination date. 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 provisions of the bill, except those limiting the creation of new CRAs and expansion of a CRA’s boundaries, do
not apply to a CRA created by a county if the county that created the CRA is the only taxing authority that
contributes to the CRA’s redevelopment trust fund and the county’s charter establishes a limitation on the amount
of revenue the county may collect each year. A CRA that meets this definition may not issue any new bond debt on
or after October 1, 2025. (Section 1)

Regulation of Businesses and Professions

The bill repeals the following boards, commissions, and councils within the Department of Business and
Professional Regulation (DBPR) and shifts the authority for such boards, commissions, and councils to DBPR:
• Board of Pilot Commissioners (Harbor Pilots).
• Florida Board of Auctioneers.
• Regulatory Council of Community Association Managers.
• Board of Employee Leasing Companies.
• Florida Building Code Administrators and Inspectors Board (Building Officials).
• Board of Professional Engineers.
• Board of Veterinary Medicine.
• Board of Accountancy.
• Florida Real Estate Commission.
• Florida Real Estate Appraisal Board
• Barbers’ Board.
• Board of Cosmetology.
• Board of Architecture and Interior Design.
• Board of Landscape Architecture.
• Construction Industry Licensing Board.
• Electrical Contractors’ Licensing Board.
• Board of Professional Geologists.
• Drug Wholesale Distributor Advisory Council. (Sections 2, 3, 359)

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The bill repeals the following boards and councils within the Department of Agriculture and Consumer Services
(DACS) and shifts the authority for such boards and councils to DACS:
• Board of Professional Surveyors and Mappers.
• Pest Control Enforcement Advisory Council.
• Motor Vehicle Repair Advisory Council.
• Agricultural Economic Development Project Review Committee.
• Babcock Ranch Advisory Group. (Sections 3, 268)

Continuing Education
The bill repeals provisions requiring continuing education for the following professions and occupations licensed
by DBPR and DACS:
• Barbers. (Section 3)
• Cosmetology. (Sections 3, 144, 146)
• Home Inspectors. (Section 3)
• Mold-Related Services. (Section 3)
• Contractors. (Sections 185, 187, 188)
• Electrical contractors. (Sections 216, 217, 218, 219)
• Engineers. (Section 88)
• Landscape architects. (Sections 171, 172)
• Accountants. (Section 3)
• Asbestos contractors (Sections 80, 81, 82)
• Architects. (Sections 157, 158)
• Community Association Managers. (Section 3, 50, 51)
• Building officials. (Section 74)
• Harbor Pilots. (Section 16)
• Real Estate Brokers and Sales Associates. (Sections 352, 355, 356)
• Veterinarians. (Section 120)
• Surveyors and Mappers. (Section 3)

Private Investigator, Security Officers, and Recovery Agents Secondary Licenses
The bill removes licensure requirements for secondary license types for the following licenses issued by DACS,
while maintaining the main license type:
• Private Investigator Interns.
• Private Investigative Agencies.
• Private Investigative Agency Branch Offices.
• Private Investigative Agency Managers.
• Private Investigative/Security Agency Managers.
• Security Agencies.
• Security Agency Branch Offices.
• Security Managers.
• Security Agency/Private Investigative Agency Branch Offices.
• Recovery Agent Interns.
• Recovery Agencies.
• Recovery Agency Branch Offices.
• Recovery Agency Managers. (Sections 247, 250, 255)

The bill does not repeal the licensure requirement for private investigators, security officers, and recovery agents.

Division of Alcoholic Beverages and Tobacco (ABT) within DBPR
The bill expands the jurisdiction of ABT’s law enforcement bureau to include the investigation, enforcement, and
prosecution of crimes related to a business or profession regulated by DBPR including unlicensed activity of a
business or profession. (Section 2)

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The bill allows ABT to discipline a retail tobacco products dealer or retail nicotine products dealer’s permit for any
violation of the laws of this state or any state or territory of the United States. (Sections 287 and 288)

The bill authorizes ABT to assist DACS in enforcing the distribution and retail sale of consumable hemp in Florida,
including entering any public or private premises during regular business hours in the performance of its duties
relating to the retail sale of consumable hemp. (Section 289)

Division of Hotels and Restaurants
The bill allows DBPR’s Division of Hotel and Restaurants to discipline a public food service establishment or public
lodging establishment for violation of Florida’s hemp laws. (Section 285)

Licensure of Engineers and Architects by Endorsements
The bill allows DBPR to approve engineers and architects licensed outside the country for licensure by
endorsement. (Sections 275 and 281)

Applicants for endorsement as an engineer must hold a valid license from a foreign jurisdiction and hold an active
Council Record with the National Council of Examiners for Engineers and Surveying. Applicants seeking licensure
as an architect must hold a valid license from a foreign jurisdiction, pass the licensure examination for architects,
and hold a valid certificate issued by the National Council of Architectural Registration Boards.
(Sections 275 and 281)

Barbers
The bill provides for the licensure, operation, and inspection of mobile barbershops, as follows:
• Requires DBPR to adopt rules governing the licensure, operation, and inspection of mobile barbershops,
including their facilities, personnel, and safety and sanitary requirements.
• Requires mobile barbershops to comply with all licensure and operating requirements specified in the
chapter of law governing barbershops, DBPR’s general statutes, or DBPR rules that apply to barbershops at
fixed locations.
• Requires mobile barbershops to maintain a permanent business address, located in the inspection area of
the local department office, at which records of appointments, itineraries, license numbers of employees,
and vehicle identification numbers of the licenseholder's mobile barbershop must be kept and made
available for verification purposes by department personnel, and where correspondence from the
department can be received.
• To facilitate periodic inspections, the bill requires before the beginning of each month, each mobile
barbershop license holder to file with DBPR a written monthly itinerary listing the locations where and the
dates and hours when the mobile barbershop will be operating.
• Requires the license holder to comply with all local laws and ordinances regulating business
establishments, with all applicable requirements of the Americans with Disabilities Act relating to
accommodations for persons with disabilities, and with all applicable requirements of the Occupational
Safety and Health Administration.
• Pursuant to DBPR rules, authorizes the practice of barbering to be performed in a location other than a
licensed barbershop when performed in connection with a special event and by a person who holds the
proper license.
o Barbers are already allowed to shampoo, cut, or arrange hair in locations outside of barbershops.
(Section 279)

Certified Public Accountants
The bill revises the requirements for the licensure of Certified Public Accountants (CPAs), as follows:
• Revises the requirements for licensure of CPAs, including licensure by endorsement and of international
applicants, by providing four separate pathways to qualify for a license based on education and work
experience criteria. Effective January 1, 2026, a person may qualify for a CPA license if he or she:
o Completes at least 150 semester hours of college education, including a baccalaureate or higher
degree conferred by an accredited college or university, with a concentration in accounting and
business as prescribed by the department, and have one year of work experience;

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8
o Holds a master’s degree in accounting or finance conferred by an accredited college or university
with a concentration in accounting and business as prescribed by the department, and have one
year of work experience;
o Holds a baccalaureate degree in accounting or finance conferred by an accredited college or
university with a concentration in accounting and business as prescribed by the department, and
have two years of work experience; or
o Holds a baccalaureate degree in any major course of study conferred by an accredited college or
university, have completed coursework required for a concentration in accounting and business as
prescribed by the department, and have two years of work experience. (Sections 276 and 277)

The bill requires the department to prescribe the coursework required for a concentration in accounting and
business. Under the bill, an applicant may satisfy the coursework requirement if the applicant receives a
baccalaureate or higher degree in accounting or finance conferred by an accredited college or university in a state
or territory of the United States. If the applicant has received a baccalaureate or higher degree with a major course
of study other than accounting or finance, the applicant must complete the coursework required for a
concentration in accounting and business as prescribed by the department. (Section 276)

The bill revises the licensure by endorsement requirements for applicants who are licensed in any state or
territory of the United States. Under the bill, a person holding a license in another state or a territory of the United
States may qualify for licensure by endorsement if they have maintained good moral character and, at the time of
licensure by the other state or territory, were required to show evidence of having obtained at least a
baccalaureate degree from an accredited college or university and having passed the Uniform CPA Examination.
(Section 276)

The bill revises the requirements for the licensure of international applicants. The bill requires international
applicants for licensure as a certified public accountant in this state to meet the requirements for education, work
experience, and good moral character under s. 473.308, F.S.
(Section 277)

Effective January 1, 2026, the bill permits, a person who holds an active CPA license in good standing in another
state or territory to provide accountancy services without obtaining a state license if at the time of licensure by the
other state or territory, the individual was required to show evidence of having obtained at least a baccalaureate
degree and having passed the Uniform CPA Examination. (Section 278)

Florida Drug and Cosmetic Act
The bill removes the requirement that every prescription drug wholesale distributor must have at least one
designated representative, who must be certified by the department. (Section 282)

The bill provides that a permitted entity applying for a new permit from the Division of Drugs, Devices, and
Cosmetics because of a sale or transfer of ownership in the permitted entity must apply within 30 days of the sale
or transfer instead of before the sale or transfer. (Section 282)

DBPR Information on Professions
The bill requires DBPR to e-mail and post information on their website at the end of each legislative session
explaining new laws related to each profession. (Section 2)

Auctioneer Fees
Effective July 1, 2026, requires all fees established by DBPR related to auctioneers to be reduced by 50 percent.
(Section 273)

Veterinary Telehealth Prescriptions
The bill extends the duration of treatment for flea and tick control that a licensed veterinarian may prescribe via
telehealth from one month to one year. (Section 117)

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9
Building Permits

Home Repairs During States of Emergency
The bill prohibits local governments from requiring a permit for repairs and renovations completed within one
year after the issuance of a state of emergency for a natural disaster for single family homes as long as the damage
being repaired does not have a total cost that exceeds more than 50 percent of the value of the home, does not
include more than 50 percent of such home, and does not change the footprint of the home.
(Section 351)

Landscaping Violations During States of Emergency
The bill prohibits local governments from denying a certificate of occupancy based on noncompliance with a
Florida-friendly landscaping ordinance for residential or commercial properties issued a permit within one year of
a state of emergency for a natural disaster for the county in which the property is located. (Section 351)

Building Permits for Playgrounds, Fences, or Landscape Irrigation
The bill prohibits local enforcement agencies from requiring a building permit for the construction of playground
equipment, a fence, or a landscape irrigation system on single-family residential property. (Section 351)

Building Permits for Work Valued Under $7,500
The bill prohibits local governments from requiring an owner or the owner’s contractor to obtain a building permit
for work, which is valued at less than $7,500, on a parcel containing a single-family dwelling. This does not apply to
larger or major projects where the work is divided up into amounts less than $7,500. (Section 351)

Local governments may still require a building permit for any electrical, plumbing, or structural work, not
including the repair or replacement of exterior doors or windows, performed on the parcel regardless of the value
of the work. (Section 351)

Uniform Permit Applications
The bill requires DBPR to recommend a uniform permit application form for most routine types of building
permits and inspections for common building permits and to recommend a uniform process for video inspections.
(Section 4)

Landscape Architects Services
The bill requires state agencies and local governments to accept the seal of a landscape architect for any
professional services within a landscape architect’s scope of work, including, but not limited to, grading and
drainage. (Section 357)

Elevator Accessibility
The bill revises elevator accessibility requirements to align with the Florida Building Code. (Section 269)

Licensure Fingerprint Requirements

The bill eliminates the current fingerprint requirement for active duty military personnel, as well as their spouses,
who seek licensure in those professions that do not otherwise require fingerprinting for initial licensure. (Section
271)

The bill authorizes the FDLE to accept and process fingerprints and exchange criminal history records for
individuals involved in the insurance industry. The bill requires background checks for a wide range of persons
associated with insurers or insurance-related entities, including officers, employees, contractors, or persons who
control insurance operations. Fingerprints must be submitted to the OIR or an authorized vendor and will be
processed by both the FDLE and the Federal Bureau of Investigation. The results of the background checks will be
used by the OIR to determine whether individuals meet eligibility requirements for licensure, certification, or
authority to operate under the Florida Insurance Code. The bill also provides procedures for submission, retention,
and cost responsibilities associated with fingerprint processing and background checks. (Section 358)

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10
RULEMAKING:
The bill requires the Office of Rural Prosperity within the Department of Commerce to promulgate by rule the
division of Florida into seven different regions and assign a regional rural community liaison center to each region.

FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference has not yet met to estimate the impacts of the bill on state revenues.

Rural Communities, Housing, and Infrastructure
The bill creates new programs and expands existing programs to provide additional funding opportunities that
support rural community advancement and growth. Funding for these programs is subject to appropriation.

Regulation of Businesses and Professions
The bill may have a positive fiscal impact for DBPR and DACS due to the following:
• Reduced operational and administrative costs associated with maintaining the repealed boards,
commissions, and councils.
• Decreased continuing education (CE) oversight expenses needed to administer, monitor, or enforce CE
requirements.

While the state may lose some fee revenue (e.g., CE-related or certain secondary license fees), this is likely offset by
lower enforcement and processing expenses.

DACS estimates an annual revenue decrease of $1,152,033 associated with the repeal of new and renewal intern
licenses, agency licenses (including branch agencies) and agency manager licenses. This estimated reduction is
based on actual FY 2023-24 revenue collections and final license counts. This revenue decrease does not
contemplate decreases at the Florida Department of Law Enforcement for applicant background screenings. 2

DBPR may incur short-term costs related to reorganizing oversight functions, updating rules, systems, and internal
processes that may be absorbed by current resources.

The bill requires DBPR and DACS to conduct studies on uniform permitting processes and licensure pathways
based on experience. The cost of these studies may likely be absorbed in existing budgets.

LOCAL GOVERNMENT:
The Revenue Estimating Conference has not yet met to estimate the impacts of this bill on local government
revenues.

Rural Communities, Housing, and Infrastructure
Local governments in rural areas of the state will benefit from participating in the new and expanded programs
provided for in the bill to the extent that funding is appropriated for those programs.

Community Redevelopment Agencies
The CRA provisions of 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.

2 Email from Thomas Poucher, Deputy Commissioner, Department of Agriculture & Consumer Services, Info Request (April 11,

2025).
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11
Regulation of Businesses and Professions
Some portions of the bill may have a negative fiscal impact on local governments due to reduced permit fee
revenue from small building permits prohibited in the bill. However, these changes may reduce local enforcement
burdens and administrative costs, especially after natural disasters.

PRIVATE SECTOR:
Rural Communities, Housing, and Infrastructure
The bill creates new programs and expands existing programs to provide additional funding opportunities that
support rural community advancement and growth. Subject to appropriation of funds for these new and expanded
programs, these programs may directly or indirectly fund private sector activity, primarily in the transportation,
education, and healthcare fields. Citizens in rural communities will benefit indirectly from programs designed to
increase community investment as guided by local governments.

Regulation of Businesses and Professions
The bill may have a positive impact on the private sector by lowering costs for professionals. Eliminating required
continuing education saves professionals time and money. Private investigators and security firms may experience
lower overhead costs through the elimination of secondary licenses. Easier licensure may increase competition in
some professions, which could affect wages or business volume for existing licensees.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
The Department of Commerce
The Department of Commerce (Department) is Florida’s lead agency for working with the Legislature, state
agencies, business leaders, and economic development professionals to formulate and implement coherent and
consistent policies and strategies designed to promote economic opportunities for all Floridians. 3 The Department
is also the state’s chief agency for business recruitment and expansion. 4 The department must also promote viable,
sustainable communities by providing technical assistance and guidance on growth and development issues,
grants, and other assistance to local communities. 5

The head of the Department is the Secretary of Commerce, who is appointed by the Governor and confirmed by the
Senate. 6 The secretary may create offices within the Office of the Secretary and within the divisions to promote
efficient and effective operation of the Department. 7 The Department must also ensure that the state’s goals and
policies relating to economic development, workforce development, community planning and development, and
affordable housing are fully integrated with appropriate implementation strategies. 8

There are seven divisions and offices within the Department:
• Economic Development
• Community Development
• Workforce Services
• Finance and Administration
• Information Technology
• Office of the Secretary

3 S. 20.60(4), F.S.
4 Id.
5 S. 20.60(4)(c), F.S
6 S. 20.60(2), F.S.
7 S. 20.60(3)(b), F.S.
8 S. 20.60(3), F.S.

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12
• Office of Economic Accountability and Transparency 9

The Department is charged with managing the activities of public-private partnerships and state agencies in order
to avoid duplication and promote coordinated and consistent implementation of programs, including rural
community development. 10 This includes stimulation of economic development and job creation in rural areas,
including strategies for rural marketing and the development of infrastructure in rural areas. 11 Additionally, the
Department runs a number of financial and grant programs aimed at helping small rural communities in Florida.

Rural Economic Development Initiative (REDI)
The Rural Economic Development Initiative (REDI) was established by the Legislature to encourage and facilitate
the location and expansion of major economic development projects of significant scale in rural communities. 12
REDI operates as a statewide initiative led by the Department to serve Florida’s rural communities by providing a
more focused and coordinated effort among state and regional agencies to improve the fiscal, economic, and
community viability of these areas. 13

Specified agencies and organizations 14 are required to designate a high-level staff person to serve as their REDI
representative. Each REDI representative is responsible for ensuring that their agency or organization is informed
about REDI and helps to identify opportunities to accommodate or include rural local governments in their agency
programs.

REDI is required to review and evaluate the impact of statutes and rules on rural communities and work to
minimize any adverse impact and undertake outreach and capacity-building efforts. 15 A rural community is defined
as:
• A county with a population of 75,000 or fewer;
• A county with a population of 125,000 or fewer, if the county is contiguous to a county with a
population of 75,000 or fewer;
• Any municipality in a county that meets the above criteria; or
• An unincorporated federal enterprise community or an incorporated rural city with a population of
25,000 or fewer, with an employment base focused on traditional agriculture or resource-based
industries, located in a county not defined as rural, and which has at least three or more economic
distress factors. 16

Each REDI member agency is required to review financial match requirements for projects in rural areas, develop a
proposal to waive or reduce match requirements, and submit such proposals to REDI. 17 REDI must call a meeting
within 30 days of receipt of such proposals for comment and recommendation. 18 Waivers and reductions must be
requested by the county or community, and to the fullest extent possible member organizations must expedite
rule and amendment adoption to incorporate the reduction in match by rural areas in financial distress. 19 REDI
must prepare an annual report as a supplement to the Department’s annual report which includes in an evaluation

9 Id.
10 S. 20.60(4)(e), F.S.
11 S. 20.60(5)(a)4.c., F.S.
12 S. 288.0656(1)(a), F.S.
13 S. 288.0656(3), F.S.
14 The Department of Transportation, Department of Environmental Protection, Department of Agriculture and Consumer

Services, Department of State, Department of Health, Department of Children and Families, Department of Corrections,
Department of Education, Department of Juvenile Justice, Fish and Wildlife Conservation Commission, each water
management district, CareerSource Florida, Inc., VISIT Florida, the Florida Regional Planning Council Association, Agency for
Health Care Administration, and the Institute of Food and Agricultural Sciences. See s. 288.0656(6)(a), F.S.
15 S. 288.0656(4), F.S.
16 S. 288.0656(2)(e), F.S.
17 S. 288.06561, F.S.
18 S. 288.06561(3), F.S.
19 S. 288.06561(4) and (7), F.S.

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13
on the status of changes to rules, number of awards made with waivers, and recommendations for future
changes. 20

Based on recommendations of the REDI, the Governor may designate up to three rural areas of opportunity (RAOs)
by executive order, 21 which establishes certain local governments as a priority for the Department. The orders also
permit all state agencies and departments to use all available tools and resources to the extent permissible by law
to promote the creation and development of projects designated by the RAO that has been recommended by the
department. 22

Rural Area of Opportunity
A RAO is a rural community, 23 or region comprised of rural communities that has been adversely affected by an
extraordinary economic event, severe or chronic distress, or a natural disaster. 24 An area may also be designated as
an RAO if it presents a unique economic development opportunity of regional impact. 25 The designation of an RAO
must be agreed upon by the Department, as well as the county and municipal governments to be included in the
RAO. 26

This designation establishes these areas as priority assignments for REDI and allows the Governor, acting through
REDI, to waive criteria, requirements, or similar provisions of any economic development initiative. Such
incentives include, but are not limited to, the Quick Response Training Program 27, the Quick Response Training
Program for participants in the welfare transition program 28, transportation projects, 29 the brownfield
redevelopment bonus refund 30, and the rural job tax credit program. 31

Currently, there are three designated RAO areas:
• Northwest RAO: Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Liberty, Wakulla, and Washington
counties, and portions of Walton County (the City of Freeport and lands north of the Choctawhatchee Bay
and intercoastal waterway).
• South Central RAO: DeSoto, Glades, Hardee, Hendry, Highlands, and Okeechobee counties, and the cities of
Pahokee, Belle Glade, and South Bay in Palm Beach County and the city of Immokalee in Collier County.
• North Central RAO: Baker, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Jefferson, Lafayette, Levy,
Madison, Putnam, Suwannee, Taylor, and Union counties. 32

Fiscally Constrained Counties
Fiscally constrained counties are counties entirely within a RAO or where a 1-mill levy would raise no more than
$5 million in annual tax revenue. 33 There are 29 counties that currently meet these conditions; Baker, Bradford,
Calhoun, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands,

20 S. 288.06561(8), F.S.
21 S. 288.0656(7)(a), F.S.
22 Executive Orders 20-170, 21-149, and 23-132 available at https://www.flgov.com/eog/sites/default/files/executive-

orders/2024/EO_20-170.pdf, https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO_21-149.pdf, and
https://www.flgov.com/eog/sites/default/files/executive-orders/2024/EO-23-132.pdf (last visited Mar. 21, 2025)
23 S. 288.0656(2)(e), F.S.
24 S. 288.0656(2)(d), F.S.
25 Id.
26 S. 288.0656(7)(b), F.S.
27 S. 288.047, F.S.
28 S.288.047(8), F.S.
29 S. 339.2821, F.S.
30 S. 288.107, F.S.
31 Ss. 212.098 and 220.1895, F.S.
32 Department of Commerce, Rural Areas of Opportunity, available at https://floridajobs.org/community-planning-and-

development/rural-community-programs/rural-areas-of-opportunity (last visited Mar.19, 2025). The economic development
organizations for these RAOs are named Opportunity Florida, Florida’s Heartland Regional Economic Development Initiative,
and the North Florida Economic Development Partnership, respectively.
33 S. 218.67(1), F.S.

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14
Holmes, Jackson, Jefferson, Lafayette, Levy, Liberty, Madison, Okeechobee, Putnam, Suwannee, Taylor, Union,
Wakulla, and Washington. 34 Highlands’ and Putnam’s 1-mill levy currently surpass the $5 million threshold.

Distribution Factors
Each fiscally constrained county receives a portion of the total direct-to-home satellite service distribution. At the
beginning of each fiscal year, the Department of Revenue (DOR) determines the amount to be distributed to each
fiscally constrained county using the prior fiscal year’s certified school taxable value, county millage rate, and latest
April 1 county population, excluding prisoners. 35 The following factors were created by DOR to determine each
county’s relative share of the total distribution available for the coming fiscal year: 36

The relative revenue-raising-capacity factor is based on a county’s certified school taxable value and population
and referred to in law as the ability of a county to generate property tax revenues from 1 mill on a per capita basis.
37 Counties that generate less per capita revenue receive a higher factor. 38

The local-effort factor is based on a county’s millage rate and referred to in law as a measure of the relative level of
local effort of a county as indicated by the millage rate levied for the prior fiscal year. 39 This factor guarantees that
each county receives a portion of the total distribution. It uses the most recently adopted countywide operating
millage rate for each eligible county and multiplies that millage rate by 0.1. For example, a county with a
countywide operating millage rate of 6.73 would receive a factor value of 0.673.

Florida Office of Broadband
The Office of Broadband (office) is an office created within the Division of Community Development 40 in the
Department for the purpose of providing broadband internet service to residents of Florida including: libraries,
schools, colleges and universities, health care providers, and community organizations. 41 Under the office, the
department may apply for and accept federal funds, enter into contracts, and establish any committee or
workgroups to administer the program. 42

Regional Rural Development Grants Program
The Regional Rural Development Grants Program was established to provide funding, through matching grants, to
build the professional capacity of regionally based economic development organizations located in rural
communities. The concept of building the professional capacity of an economic development organization includes
hiring professional staff to develop, deliver, and provide economic development professional services. Professional
services include technical assistance, education and leadership development, marketing, and project recruitment. 43

Applications submitted to the Department for funding through this program must provide the following: 44
• Official commitments of support from each of the units of local government represented by the regional
organization;
• The regional organization is in existence and actively involved in economic development activities serving
the region; and
• The manner in which the organization coordinates its efforts with those other local and state organizations.

34 Florida Department of Revenue, Fiscally Constrained Counties, available at

https://www.floridarevenue.com/property/Documents/fcc_map.pdf (last visited Mar. 21, 2025).
35 S. 186.901, F.S.
36 S. 218.67(3)(a), F.S
37 Id.
38 For example, a county that raises $25 or less per capita receives a factor value of 1; whereas a county that raises more than

$50 per capita receives a factor value of 0. In Fiscal Year 2024-2025, only three fiscally constrained counties were eligible for
this factor. See Email correspondence with staff at the Department of Revenue, Feb. 6, 2025 (on file with the Senate Committee
on Finance and Tax).
39 S. 218.67(3)(b), F.S.
40 S. 288.9961(4), F.S.
41 S. 288.9961(1), F.S.
42 S. 288.9961(5), F.S.
43 S. 288.018(1)(b), F.S.
44 S. 288.018(2), F.S.

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A contract or agreement that involves the expenditure of grant funds must include: 45
• The purpose of the contract or agreement.
• Specific performance standards and responsibilities for each entity under the contract or agreement.
• A detailed project or contract budget, if applicable.
• The value of any services provided.
• The projected travel expenses for employees and board members, if applicable.

An organization may receive up to $50,000 a year or $250,000 for any three regional economic development
organizations that serve an entire RAO. 46 The Department is authorized to spend up to $750,000 each fiscal year
from funds appropriated to the Rural Community Development Revolving Loan Fund to carry out this program. 47

Rural Infrastructure Fund
The Rural Infrastructure Fund is a grant program created to facilitate the planning, preparing, and financing of
infrastructure projects in rural communities. 48 The program provides access to federal and state infrastructure
funding programs, including, but not limited to, those offered by the United States Departments of Agriculture and
Commerce and including those offered by Rural Economic Development Initiative agencies. 49 The program funds
total infrastructure project grants, infrastructure feasibility grants, and preclearance review grants.

The Department may award grants for up to 75 percent of the total infrastructure cost, or up to 100 percent of the
total infrastructure project cost for a project that is located in a rural community that is also located in a fiscally
constrained county 50 or a RAO. 51 Additionally, projects may include improving any inadequate infrastructure that
has resulted in regulatory action that prohibits economic or community growth or reducing the costs to
community users of proposed infrastructure improvements that exceed such costs in comparable communities.

Eligible uses of funds include improvements to public infrastructure for industrial or commercial sites and
upgrades to or development of public tourism infrastructure. 52 Infrastructure can include public or public-private
partnership facilities, such as stormwater systems, telecommunication, roads or other remedies to transportation
impediments, nature-based tourism facilities and physical requirements necessary to facilitate tourism, trade, and
economic development activities. 53 The Department may award grants of up to $300,000 for infrastructure
feasibility studies, design and engineering activities, or other infrastructure planning and preparation activities. 54
The total project participation grant may be used in conjunction with the infrastructure feasibility grant.

To enable local governments to access the resources the Department may award grants for surveys, feasibility
studies, and other activities related to the identification and preclearance review of suitable land. 55 Authorized
grants under program may not exceed $75,000 each, except in the case of a project in a rural area of opportunity, in
which case the grant may not exceed $300,000. 56

45 S. 288.018(3)(a), F.S.
46 S. 288.018(1)(c), F.S.
47 S. 288.018(4), F.S.
48 See s. 288.0655, F.S.
49 S. 288.0655(2)(b), F.S.
50 A fiscally constrained country is any county that is entirely within a rural area of opportunity as designated by the Governor

pursuant to s. 288.0656, F.S., 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., F.S., from the previous July 1. S. 218.67(1), F.S.
51 S. 288.0655(2)(b), F.S.
52 Id.
53 Broadband internet service must be provided in partnership with one or more dealers of communications services. S.

288.0655(2)(b), F.S.
54 S. 288.0655(2)(c), F.S.
55 S. 288.0655(2)(e), F.S.
56 Id.

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Rural Community Development Revolving Loan Fund
The Rural Community Development Revolving Loan Fund Program is administered by the Department to facilitate
the use of existing federal, state, and local financial resources by providing local governments with financial
assistance to further promote the economic viability of rural communities. 57

The program provides for long-term loans, loan guarantees, and loan loss reserves to units of local governments, or
economic development organizations in counties with populations of 75,000 or fewer, or within any county with a
population of 125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer. 58 Loans must
be made pursuant to agreements specifying the terms and conditions agreed to between the applicant and the
department, and loans are the legal obligations of the applicant. 59 All repayments of principal and interest must be
returned to the loan fund and made available for loans to other applicants.

However, in a RAO, repayments of principal and interest may be retained by the applicant if repayments are
dedicated and matched to fund regionally based economic development organizations representing the rural area
of opportunity. 60

Rural Economic Development Strategy Grants
The Department accepts and administers money which is appropriated to the department for providing grants to
assist rural communities in developing and implementing strategic economic development plans. 61 The rural
community must be counties with populations of 75,000 or fewer, or within any county with a population of
125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer, or a municipality therein. 62
The Department must establish criteria for reviewing grant applications under this section. These criteria include,
but are not limited to, the degree of participation and commitment by the local community and the application’s
consistency with local comprehensive planning. 63

Inventory of Communities Seeking to Recruit Businesses
By September 30 of each year, a county or municipality that has a population of at least 25,000 or its local
economic development organization must submit to the Department a brief overview of the strengths, services,
and economic development incentives that its community offers. 64 The local government or its local economic
development organization also must identify any industries that it is encouraging to locate or relocate to its area. 65
Such local governments and organizations seeking to recruit businesses may submit information and may
participate in any activity or initiative resulting from the collection, analysis, and reporting of the information to
the Department. 66

Agreements Funded with Federal or State Assistance
Current law requires an agency agreement that provides state financial assistance to a recipient or subrecipient, 67
or that provides federal financial assistance to a subrecipient, to include the following:
• A provision specifying scope of work that clearly establishes the tasks the recipient or subrecipient is
required to perform;
• A provision dividing the agreement into quantifiable units of deliverables that must be received and
accepted in writing by the agency before payment. Each deliverable must be directly related to the

57 S. 288.065, (1) F.S.
58 S. 288.065, (2)(a) F.S.
59 S. 288.065 (2)(b), F.S.
60 S. 288.065 (2)(c), F.S.
61 S. 288.0657 (2), F.S.
62 S. 288.0657 (1), F.S.
63 S. 288.0657(4), F.S.
64 S. 288.007, F.S.
65 Id.
66 Id.
67 S. 215.97, F.S., defines a “subrecipient” as a nonstate entity that receives state financial assistance through another nonstate

entity.
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17
scope of work and must specify the required minimum level of service to be performed and the criteria
for evaluating the successful completion of each deliverable;
• A provision specifying the financial consequences that apply if the recipient or subrecipient fails to
perform the minimum level of service required in the agreement. The provision can be excluded in
specified situations;
• A provision specifying that a recipient or subrecipient of federal or state financial assistance may
expend funds only for allowable costs resulting from obligations incurred during the specified
agreement period;
• A provision specifying that any balance of unobligated funds which has been advanced or paid must be
refunded to the state agency;
• A provision specifying that any funds paid in excess of the amount to which the recipient or
subrecipient is entitled must be refunded to the state agency; and
• Any additional information required pursuant to the Florida Single Audit Act. 68

Current law prohibits an agency agreement that provides state or federal financial assistance to local government
entities within a RAO from requiring the local government entity to expend funds in order to be reimbursed. For
these local government entities, an agency is authorized to advance funding based on an analysis of estimated
costs, to pay service providers and vendors directly, or to undertake other options to meet the requirements of the
agreement, allowing local governments in rural areas to be paid without spending their own capital first. 69

The Small Business Development Center Network
Established in 2008, the Florida Small Business Development Center Network (SBDC) is the principal business
assistance organization for small businesses in the state. The purpose of the SBDC is to serve emerging and
established for-profit, privately held businesses that maintain a place of business in the state. 70 The SBDC is a
consortium of regional small business development centers throughout the state that offer current and prospective
small businesses consulting services, training opportunities, and access to other resources and information. 71
Regional centers are based at several of Florida’s colleges and universities. 72 The SBDC is run by a statewide
director in consultation with a 19 member statewide advisory board. 73

The network is funded in part by the U.S. Small Business Administration, Department of Defense, State of Florida
through appropriations, and other private and public partners, with the University of West Florida serving as the
SBDC’s designated lead host institution. 74 Half of any state funds received directly by a host institution which are
specifically designated for the network are distributed for the following purposes:
• Ensuring that support services are available statewide, especially in underserved and rural areas of the
state, to assist eligible businesses;
• Enhancing participation in the network among state universities and colleges; and
• Facilitating the adoption of innovative small business assistance best practices by the regional small
business development centers.

State Housing Initiatives Partnership (SHIP) Program
The SHIP Program was created to provide funds to local governments as an incentive to create partnerships that
produce and preserve affordable homeownership and multifamily housing. The SHIP program provides funds to all
67 counties and 52 Community Development Block Grant 75 entitlement cities on a population-based formula to
finance and preserve affordable housing based on locally adopted housing plans. 76 The program was designed to

68 S. 215.971(1)(a)-(g), F.S.
69 S. 215.971, F.S (h) F.S.
70 Ch. 2008-149, L.O.F., codified as s. 288.001, F.S.
71 America’s SBDC Florida, Consulting Services, available at https://floridasbdc.org/ (last visited Mar. 21, 2025)
72 America’s SBDC Florida, Our Network, available at https://floridasbdc.org/ (last visited Mar. 21, 2025).
73 S. 288.001 (3)-(4), F.S.
74 America’s SBDC Florida, About Funding, available at https://floridasbdc.org/about/ (last visited Mar. 21, 2025).
75 The CDBG program is a federal program created in 1974 that provides funding for housing and community development

activities.
76 See ss. 420.907-420.9089, F.S.

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18
serve very-low, low-, and moderate-income families and is administered by Florida Housing Finance Corporation
(FHFC). SHIP funds may be used to pay for emergency repairs, rehabilitation, down payment and closing cost
assistance, impact fees, construction and gap financing, mortgage buydowns, acquisition of property for affordable
housing, matching dollars for federal housing grants and programs, and homeownership counseling. 77

Funds are expended per each local government’s adopted Local Housing Assistance Plan (LHAP), which details the
housing strategies it will use. 78 Local governments submit their LHAPs to the FHFC for review to ensure that they
meet the broad statutory guidelines and the requirements of the program rules. The guaranteed minimum
allocation amount that will be disbursed on a quarterly or more frequent basis by the FHFC to local governments is
$350,000. 79

Certain statutory requirements restrict a local government’s use of funds made available under the SHIP program
(excluding amounts set aside for administrative costs):
• At least 75 percent of SHIP funds must be reserved for construction, rehabilitation, or emergency repair of
affordable, eligible housing; 80 and
• Up to 25 percent of SHIP funds may be reserved for allowed rental services. 81

Within those distributions by local governments, additional requirements must be met:
• At least 65 percent of SHIP funds must be reserved for home ownership for eligible persons; 82
• At least 20 percent of SHIP funds must serve persons with special needs;83
• Up to 20 percent of SHIP funds may be used for manufactured housing; 84 and
• At least 30 percent of SHIP funds must be used for awards to very-low-income persons or eligible sponsors
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. 85

USDA Section 515 Rural Affordable Housing
Many of rural America’s 65 million residents experience acute housing problems with nearly 30 percent of rural
households experiencing at least one major housing problem, such as high cost, physical deficiencies, or
overcrowding. 86 The United States Department of Agriculture’s (USDA) Section 515 program is a part of the
national Rural Rental Housing program. Under the Section 515 program, USDA Rural Development makes direct
loans to developers to finance affordable multifamily rental housing for very low-income, low-income, and
moderate-income families, for elderly people, and for persons with disabilities. 87

Section 515 funds can be used for any new construction and for the rehabilitation of existing rural properties.
Funding can also be used to buy or improve land, and to provide critical infrastructure for properties such as water

77 S. 420.9072(7), F.S.
78 S. 420.9075, F.S. S. 420.9075(3), F.S., outlines 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.
79 S. 420.9073 (3)(a-b) F.S.
80 S. 420.9075(5)(c), F.S.
81 S. 420.9075(5)(b), F.S. However, a local government may not expend money distributed to it to provide ongoing rent

subsidies, except for: security and utility deposit assistance; eviction prevention not to exceed six months’ rent; or a rent
subsidy program for very-low-income households with at least one adult who is a person with special needs or is homeless,
not to exceed 12 months’ rental assistance.
82 S. 420.9075(5)(a), F.S. “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.
83 S. 420.9075(5)(d), F.S.
84 S. 420.9075(5)(e), F.S.
85 S. 420.9075(5)(g)2., F.S.
86 National Low Income Housing Coalition, USDA Rural Rental Housing Programs, available at

https://nlihc.org/sites/default/files/AG-2019/04-13_USDA-Rural-Rental-Housing-Programs.pdf (last visited Mar. 21, 2025).
87 Id.

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19
and waste disposal systems. However, no new rental properties have been developed under Section 515 since
2011. 88

Small County Road Programs

Small County Road Assistance Program (SCRAP)
FDOT administers SCRAP to assist small county governments in resurfacing or reconstructing county roads that
were part of the county road system on June 10, 1995. 89 Counties eligible to compete for funding based on
population include those with a population of 75,000 or less according to the 1990 federal census. Under this
criterion, there are currently 33 counties eligible to receive funding through the program. Capacity improvements
on county roads are not eligible for SCRAP funding, except when FDOT determines that widening existing lanes as
part of a resurfacing or reconstruction project is necessary to address safety concerns. 90

Currently, up to $25 million annually from the State Transportation Trust Fund may be used to fund the SCRAP. 91
Available funds are allocated to the FDOT districts based on the number of counties eligible for funding under the
criteria in s. 339.2816, F.S.

Small County Outreach Program (SCOP)
The SCOP assists small counties in repairing or rehabilitating county bridges, paving unpaved roads, addressing
road-related drainage improvements, resurfacing or reconstructing county roads, or constructing capacity or
safety improvements to county roads. Small counties eligible to compete for project funding include those with a
population of 200,000 or less as determined by the most recent official estimate of the Office of Economic and
Demographic Research. 92 Similar to the SCRAP, available funds are allocated to FDOT districts based on the
number of counties eligible for funding under the criteria in s. 339.2818, F.S.

FDOT is required to fund 75 percent of the cost of projects on county roads selected for funding under the program
and the county must provide 25 percent of such costs. 93 Rural counties qualifying under the Rural Economic
Development Initiative 94 may apply for a waiver or reduction of the required 25 percent local match. 95 Subject to
specific appropriation, municipalities within a rural area of opportunity may also compete for funding at up to 100
percent of the project costs. 96

In 2024, the SCOP was amended to incorporate additional eligibility provisions. Specifically, subject to a specific
appropriation, a local government either wholly or partially within the Everglades Agricultural Area, the Peace
River Basin, or the Suwannee River Basin may compete for additional funding at up to 100 percent of project costs
on state or county roads used primarily as farm-to-market connections between rural agricultural areas and
market distribution centers, excluding capacity improvement projects. 97

Arterial Roads
Under Florida’s Transportation Code “arterial road” means a route providing service which is relatively continuous
and of relatively high traffic volume, long average trip length, high operating speed, and high mobility
importance. 98 Arterials include U.S. numbered highways and principal state roads that connect cities and towns.

88 Id.
89 S. 339.2816(4), F.S.
90 FDOT, Work Program Instructions FY 25/26-29/30, September 6, 2024, at p. 394, available at

https://fdotewp1.dot.state.fl.us/fmsupportapps/Documents/development/WorkProgramInstructions.pdf
91 S. 339.2816(3), F.S.
92 S. 339.2818, F.S.
93 S. 339.2818(4)(a), F.S.
94 See s. 288.056, F.S., for a full description of the Rural Economic Development Initiative.
95 FDOT, Work Program Instructions FY 25/26-29/30, September 6, 2024, at p. 384, available at

https://fdotewp1.dot.state.fl.us/fmsupportapps/Documents/development/WorkProgramInstructions.pdf (last visited Mar.
21, 2025).
96 S. 339.2818(7), F.S.
97 S. 339.2818(8), F.S.
98 S. 334.03(1), F.S.

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FDOT’s Functional Classification system distinguishes between urban and rural designations for arterial roads. 99
FDOT routinely manages and improves arterial roads to increase capacity and facilitate traffic throughput, while at
the same time achieving the paramount goal of improving safety.

FDOT is required to identify and include in the work program projects to increase capacity by widening existing
two-lane arterial rural roads to four lanes. To be included in a work program project, the road must be classified as
an arterial rural road, and truck traffic using the road must amount to at least 15 percent of all such traffic, as
determined by the department. FDOT is required to fund at least $20 million annually for such projects. 100

Community Redevelopment Agencies
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. 101 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. 102

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.103

99 FDOT, 2020 Urban Area Boundary and Functional Classification Handbook, available at

https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/statistics/docs/urbanfunclass.pdf?sfvrsn=84c718c4_15 (last visited Mar. 21, 2025).
100 S. 339.68, F.S.
101 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.
102 S. 163.340(7), F.S.
103 S. 163.340(8), F.S.

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21
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. 104

As of April 17, 2025, there are 213 CRAs in operation. 105

Creation of a CRA
Before creating a CRA, a county or municipal government must adopt a resolution with a “finding of necessity.” 106
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. 107

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. 108 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. 109

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. 110 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. 111

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. 112 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. 113 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). 114 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, 115 excluding any debt
service millage, on taxable real property within the boundaries of the community redevelopment area; and

104 Id.
105 See Florida Department of Commerce, Official List of Special Districts (last visited Apr. 17, 2025).
106 S. 163.355, F.S.
107 Id.
108 S. 163.356(1), F.S.
109 S. 163.340(10), F.S.
110 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.
111 S. 163.415, F.S.
112 S. 163.3755(1), F.S.
113 S. 163.3755(2), F.S.
114 S. 163.387, F.S.
115 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
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22
• 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
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. 116

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. 117

Each taxing authority must transfer TIF funds to the redevelopment trust fund of the CRA by January 1 of each
year. 118 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. 119 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. 120

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. 121 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.122
• 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. 123

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.
116 S. 163.387(1), F.S.
117 See ch. 2019-163, s. 8, Laws of Fla.
118 S. 163.387(2)(a), F.S.
119 S. 163.387(2)(a), F.S.
120 S. 163.387(3)(a), F.S.
121 S. 163.387(2)(b), F.S.
122 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.
123 S. 163.387(6), F.S.

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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. 124

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. 125

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. 126 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. 127 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. 128 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. 129

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. 130

Continuing Education
Continuing education includes any additional required education undertaken by a professional after receiving
licensure. Below is a chart of the continuing education requirements for licensed professionals in Florida: 131

Profession Continuing Education
Requirements
Community Association Managers • 10 hours of CE annually
• 15 classroom hours of CE to reinstate an
inactive license
Building Code Officials, Inspectors, and Plans • 14 classroom hours biannually
Examiners

124 S. 163.387(7), F.S.
125 S. 163.387(7)(d), F.S.
126 S. 163.385(1)(a), F.S.
127 S. 163.387(4), F.S.
128 S. 163.385(1)(a), F.S.
129 S. 163.387(4), F.S.
130 S. 163.387(5), F.S.
131 See Ss. 310.081, 455.2228, 468.4337, 468.4338, 468.627, 468.8316, 468.8317, 468.8416, 471.017, 471.019, 472.018,

472.019, 473.312, 473.313, 474.211, 475.17, 475.182, 475.182, 475.183, 477.019, 477.0212, 481.215, 481.217, 481.313.
481.315, 482.111, 489.115, 489.116, 489.517, 489.519, F.S.; Rules 61E14-4.004, 61-30.403, 61G3-16.0091, 61G10-13.003,
61G10-18.001, 61J2-1.011, 61J2-3.020, and 61H1-33.003 F.A.C.
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24
Profession Continuing Education
Requirements
Home Inspectors • 14 hours of CE biannually
• 14 hours of CE to reinstate an inactive
license
Mold-Related Services • 14 hours of CE biannually
Engineering • 18 hours of CE biannually
• Up to 9 hours of CE for every year the
license was inactive to reinstate an inactive
license
Public Accountancy • 80 hours biannually
• Up to 120 hours to reinstate inactive
license
Veterinary Medicine • Up to 30 hours of CE biannually
Cosmetologists • Up to 10 hours of CE biannually
• Up 10 hours of CE to reinstate inactive
license.
Barbers • 2 hours of CE biannually
Architects • 20 hours of CE biannually
• Up to 20 hours of CE to reinstate inactive
license
Landscape Architects • 16 hours of CE biannually
• Up to 16 hours of CE to reinstate an
inactive license.
Construction contractors • 14 classroom hours of CE biannually
• Up to 14 classroom hours of CE to reinstate
an inactive license.
Electrical Contractors • 2 classroom hours of CE biannually if the
person is fire alarm system agent.
• 6 classroom hours of CE biannually if the
person is burglar alarm system agent.
• 7 classroom hours of CE biannually if the
licensee is an alarm system or specialty
contractor.
• 11 classroom hours of CE biannually if the
licensee is an electrical contractor.
• Up to 11 classroom hours of CE to reinstate
an inactive license.
Harbor Pilots • Board approved seminar biannually
Asbestos Contractors • One-day course of CE biannually for
asbestos contractor.
• Two-day course of CE biannually for
asbestos consultant.
• One-day course of CE annually for onsite
supervisor.
Land Surveyors and Mappers • 24 hours of CE biannually
• Up to 12 classroom hours of CE for each
inactive year to reinstate an inactive
license.

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25
Profession Continuing Education
Requirements
Real Estate Brokers and Sales Associates • 14 hours of CE biannually.
• 12 hours of CE for every year a license is
inactive to reinstate an inactive license.
• 45 hours for sales associates before the
first renewal after initial licensure.
• 60 hours for brokers before the first
renewal after initial licensure.

Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses various businesses
and professionals in Florida. 132

The Division of Professions licenses and regulates more than 542,000 professionals through the following
professional boards and programs: 133
• Board of Architecture and Interior Design,
• Asbestos Licensing Unit,
• Athlete Agents,
• Board of Auctioneers,
• Barbers’ Board,
• Building Code Administrators and Inspectors Board,
• Regulatory Council of Community Association Managers,
• Construction Industry Licensing Board,
• Board of Cosmetology,
• Electrical Contractors’ Licensing Board,
• Board of Employee Leasing Companies,
• Home Inspectors,
• Board of Landscape Architecture,
• Mold-Related Services,
• Board of Pilot Commissioners,
• Board of Professional Geologists,
• Talent Agencies,
• Board of Veterinary Medicine, and
• Florida Board of Professional Engineers.

The Division of Alcoholic Beverages (ABT)
ABT regulates the manufacture, distribution, sale, and service of alcoholic beverages and tobacco products in
Florida, including:
• receipt and processing of license applications;
• collection and auditing of taxes, surcharges, and fees paid by licensees; and
• enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco products. 134

132 S. 20.165, F.S.
133 Florida Department of Business and Professional Regulation, Division of Professions,

http://www.myfloridalicense.com/DBPR/division-of-professions/ (last visited April 3, 2025).
134 Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,

http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited April 3, 2025).
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26
ABT’s Bureau of Law Enforcement is an accredited law enforcement agency with law enforcement officers who
have the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of
illegal activities. 135

The Bureau’s law enforcement officers are responsible for enforcing the Beverage Law and the laws relating to
distribution and sale of tobacco and nicotine products. They do not have authority to enforce any other state laws
unless it is incidental to enforcing the Beverage Law or the laws relating to the distribution and sale of tobacco and
nicotine products. 136

The Division may discipline an alcoholic beverage license for any violation of the laws of this state or any state or
territory of the United States. 137 However, the Division may only discipline a tobacco retailer or nicotine product
retailer’s permit for violating any of the provisions relating to the retail sale of such products. Such discipline
includes administrative fines up to $1,000 and suspension or revocation of a permit. 138

Board of Auctioneers
The Board of Auctioneers is responsible for licensing and regulating auctioneers. The board generally meets four
times a year to consider applications for licensure, to review disciplinary cases, and to conduct informal hearings
relating to licensure and discipline. The board engages in rulemaking to implement the provisions set forth in its
statutes, administers the Auctioneer Recovery Fund, and conducts other general business, as necessary. 139

The board consists of five members appointed by the Governor and confirmed by the Senate. Two of the members
must be licensed auctioneers with at least five years of experience, two members must be laypersons, and one
must be an auction company. Members serve for terms of four years. 140

135 S. 20.165(9), F.S.; Department of Business and Professional Regulation, Alcoholic Beverages & Tobacco – Law Enforcement,

https://www2.myfloridalicense.com/alcoholic-beverages-and-tobacco/law-enforcement/ (last visited April 3, 2025).
136 Id.
137 S. 561.29, F.S.
138 Ss. 569.006 and 569.35, F.S.
139 Florida Department of Business and Professional Regulation, Auctioneers,

https://www2.myfloridalicense.com/auctioneers/ (last visited April 3, 2025).
140 S. 468.384, F.S.

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27
Auctioneer Fees
The Board of Auctioneers may establish application, examination, licensure, renewal, and other reasonable and
necessary fees, based upon the department’s estimate of the costs to regulate licensed auctioneers. Below is a table
of the applicable fees for licensed auctioneers: 141

Type of Fee Fee amount
Application Fee • $50 for license by exam
• $75 for license by endorsement or reciprocity
• $50 apprentice license
• $50 auction business
Exam Fee • $250
Initial Licensure Fee • $150
Unlicensed Activities Fee • $5 upon initial license and each renewal
Renewal Fees • $150
Reactivation Fee • $50
Examination Review Fee • 50
Auctioneer Recovery Fund Surcharge • $100 at the time of renewal
Change of Status • $50
Delinquent License Fee • $25
Reinstatement of a Void License Fee • $150 application
• $150 - $300 renewal fee for each biennium
when timely renewal was missed.
• $105.00 – $210.00 Unlicensed Activity fee for
each biennium when timely renewal was
missed.

Florida Real Estate Commission
The Florida Real Estate Commission (FREC) is responsible for licensing and regulating real estate sales associates
and brokers. The FREC meets for two days every month. The FREC also engages in rulemaking to implement the
provisions set forth in its statutes. 142

The commission consists of seven members appointed by the Governor and confirmed by the Senate. Four
members must be licensed brokers with at least five years of experience, one member must be a licensed broker or
a licensed sales associate with at least two years of experience, and two members must be laypersons. At least one
member must be 60 years of age or older. Members serve for terms of four years. 143

The Division of Real Estate (DRE) is responsible for supporting the Florida Real Estate Commission and the Florida
Real Estate Appraisal Board in the regulation of real estate sales associates, brokers, and appraisers, in conjunction
with the. 144 DRE’s offices are located in Orlando. 145

Florida Real Estate Appraisal Board
The Florida Real Estate Appraisal Board (FREAB) administers and enforces the real estate appraiser license law.
The FREAB has power to regulate the issuance of appraiser licenses, certifications, registrations, and permits; to
discipline appraisers; to establish qualifications for appraiser licenses, certifications, registrations, and permits; to
regulate approved courses; to establish standards for real estate appraisals; and to establish standards for and

141 S. 468.386, F.S.; R. 61G2-3.001, F.A.C.
142 Florida Department of Business and Professional Regulation, Real Estate Commission – Commission Information,

https://www2.myfloridalicense.com/real-estate-commission/commission-information/#1493754459693-55f707f3-f1ea
(last visited April 3, 2025).
143 S. 475.02, F.S.
144 S. 475.021, F.S.
145 S. 20.165(2), F.S.

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28
regulate supervisory appraisers. Additionally, the board has authority to adopt rules in order to implement its
authorized duties and responsibilities. 146 The FREAB generally meets six times a year. 147

The FREAB consists of nine members who are appointed by the Governor and confirmed by the Senate. Four
members must be appraisers with at least five years of experience, one member must represent the appraisal
management industry, one member must represent an organization that uses appraisals, and three members must
represent the general public and have no connection to the practice of real estate appraisal. 148

Division of Certified Public Accounting
The Division of Certified Public Accounting (Division of CPA) within DBPR is responsible for the regulation of
certified public accountants (CPAs) and accounting firms. The Division of CPA processes applications to sit for the
CPA exam, original Florida licensure applications, licensure by endorsement applications, reactivation of a
delinquent or inactive CPA license, temporary permit applications, accountancy firm licensure, and continuing
education reporting forms. The Division of CPA also provides administrative support to the Board of
Accountancy. 149

The offices for the Division of CPA are located in Gainesville. 150

The Board of Accountancy is responsible for licensing and regulating CPAs. The board meets 10 times a year to
consider applications, review disciplinary cases, and conduct informal hearings relating to licensure and discipline.
The board also engages in rulemaking to implement the provisions set forth in its statutes and conducts other
general business, as necessary.

The board consists of nine members who are appointed by the Governor and confirmed by the Senate. Seven of the
members must be licensed CPAs with at least five years of experience and two must be laypersons. At least one
member must be over 60 years old. 151

In order to obtain licensure as a CPA, an applicant must: 152
• have at least 150 semester hours of college education, including a baccalaureate or higher degree conferred
by an accredited college or university, with a concentration in accounting and business.
• Have one year of experience.
• Have good moral character.
• Pass an examination.

An applicant is also eligible for licensure by endorsement if the applicant has good moral character and meets one
of the following requirements: 153
• Is not licensed, but has otherwise met the licensing requirements and has passed a licensing examination
that is substantially equivalent to the Florida examination;
• Holds a valid license to practice public accounting issued by another state or territory of the United States,
if the criteria for issuance of such license are substantially equivalent to a Florida license or is otherwise
permitted; or

146 S. 475.613, F.S.; Florida Department of Business and Professional Regulation, Real Estate Appraisal – Board Information,

https://www2.myfloridalicense.com/real-estate-appraisal-board/board-information/#1493754459693-55f707f3-f1ea (last
visited April 18, 2025).
147 Florida Department of Business and Professional Regulation, Real Estate Appraisal – Meetings and Workshops,

https://www2.myfloridalicense.com/real-estate-appraisal-board/meetings-and-workshops/ (last visited April 19, 2025).
148 S. 475.613, F.S.
149 Florida Department of Business and Professional Regulation, Certified Public Accounting,

https://www2.myfloridalicense.com/certified-public-accounting/ (last visited April 4, 2025).
150 S. 20.165(2), F.S.
151 S. 473.303, F.S.
152 Ss. 473.306, and 473.308, F.S.
153 473.308, F.S.; Rule 61H1-29.003, F.A.C

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29
• Holds a valid license to practice public accounting issued by another state or territory of the United States
for at least 10 years before the date of application and has passed a licensing examination that is
substantially equivalent to the Florida examination.

Barbers’ Board
The Barbers’ Board is responsible for licensing and regulating barbers. The board meets regularly, which is
generally six times a year, to consider applications for licensure, to review disciplinary cases, and to conduct
informal hearings relating to licensure and discipline. The board also engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 154

The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed barbers with at least five years of experience, and two members must be laypersons. No
member may be connected with the manufacture, rental, or wholesale distribution of barber equipment and
supplies. Members serve for terms of four years. 155

Board of Cosmetology
The Board of Cosmetology is responsible for licensing and regulating cosmetology. The board meets approximately
four times a year to consider applications for licensure, to review disciplinary cases, and to conduct informal
hearings relating to licensure and discipline. The board engages in rulemaking to implement the provisions set
forth in its statutes and conducts other general business, as necessary. 156

The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed cosmetologists who have practiced cosmetology in Florida for at least five years and
two members must be laypersons. 157

Barbers and Mobile Cosmetology Salons
Current law requires licensed cosmetologists to only practice in licensed cosmetology salons unless expressly
allowed to practice elsewhere. Current law also allows for mobile cosmetology salons, which must meet the
following requirements:158
• Must comply with all licensure and operating requirements for fixed cosmetology salons.
• Must maintain a permanent business address located in the inspection area of the local department office.
The mobile salon’s records must be kept at the permanent address.
• Must file a written monthly itinerary with the Board of Cosmetology.
• Must pay a fee, which may not be more than the fee for a fixed cosmetology salon.
• Must comply with all local laws and ordinances regulating business establishments, the applicable
Americans with Disabilities Act requirements, and the applicable OSHA requirements.

Licensed barbers are also required to practice only in licensed barbershops unless expressly allowed to practice
elsewhere. However, current law does not provide for mobile barbershops. 159

Construction Industry Licensing Board
The Construction Industry Licensing Board is responsible for licensing and regulating the construction industry.
The board meets regularly, which is generally eleven times a year, to consider applications for licensure, to review
disciplinary cases, and to conduct informal hearings relating to licensure and discipline. The board engages in

154 Florida Department of Business and Professional Regulation, Barbers, https://www2.myfloridalicense.com/barbers/ (last

visited April 3, 2025)
155 S. 476.054, F.S.
156 Florida Department of Business and Professional Regulation, Cosmetology,

https://www2.myfloridalicense.com/cosmetology/ (last visited April 4, 2025).
157 S. 477.015, F.S.
158 SS. 477.025(10), and 477.0263, F.S.
159 S. 476.188, F.S.

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30
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary. 160

The board consists of 18 members who are appointed by the Governor and confirmed by the Senate. The board
must consist of four general contractors, three building or residential contractors (with at least one building
contractor and one residential contractor), one sheet metal contractor, one pool contractor, one plumbing
contractor, two building officials of a municipality or county, one roofing contractor, one air conditioning
contractor, one mechanical contractor, one underground utility and excavation contractor, and two consumer
members. 161

Electrical Contractors’ Licensing Board
The Electrical Contractors’ Licensing Board is responsible for licensing and regulating electrical contractors. The
board meets regularly, which is generally six times a year, to consider applications for licensure, to review
disciplinary cases, and to conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary. 162

The board consists of 11 members appointed by the Governor and confirmed by the Senate. Seven members must
be certified electrical contractors, two must be consumer members, and 2 must be certified alarm system
contractors. 163

Regulatory Council of Community Association Managers
The Regulatory Council of Community Association Managers duties relate to licensure examination, continuing
education requirements, continuing education providers, fees and professional practice standards relative to the
Community Association Manager profession. 164 The Council holds quarterly meetings and engages in rulemaking to
implement the provisions set forth in its statutes and conducts other general business, as necessary. 165

The Council consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed community association managers and two members must be residents of Florida who
must not be or ever have been connected with the business of community association management. 166

Drug Wholesale Distributor Advisory Council
The Drug Wholesale Distributor Advisory Council of the Division of Drugs, Devices, and Cosmetics (DDC) reviews
the Florida Drug and Cosmetic Act (Act) and the rules adopted thereunder, provides input to DBPR regarding all
proposed rules to administer the Act, makes recommendations to DBPR to improve the protection of prescription
drugs and public health, makes recommendations to improve coordination with other states’ regulatory agencies
and the federal government concerning the wholesale distribution of drugs, and makes recommendations to

160 Florida Department of Business and Professional Regulation, Construction Industry,

https://www2.myfloridalicense.com/construction-industry/ (last visited April 4, 2025).
161 S. 489.107, F.S.
162 Florida Department of Business and Professional Regulation, Electrical Contractors,

https://www2.myfloridalicense.com/electrical-contractors/ (last visited April 4, 2025).
163 S. 489.507(1), F.S.
164 A community association manager or community association management firm manages community associations with

more than 10 residential units or budgets greater than $100,000 for compensation. Florida Department of Business and
Professional Regulation, Community Association Managers and Firms – Council Information,
https://www2.myfloridalicense.com/community-association-managers-and-firms/council-information/ (last visited April 4,
2025).
165 Florida Department of Business and Professional Regulation, Community Association Managers and Firms,

https://www2.myfloridalicense.com/community-association-managers-and-firms/ (last visited April 4, 2025).
166 S. 468.4315, F.S.

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31
minimize the impact of regulation of the wholesale distribution industry while ensuring protection of the public
health. 167

The Council generally meets three times a year and consists of 12 members. The Council must consist of the
Secretary of DBPR (or his or her designee), the Secretary of Health Care Administration (or her or his designee),
and 10 DBPR appointees. The DBPR appointees must consist of three employees of different prescription drug
wholesale distributors which operate nationally, one employee of a prescription drug wholesale distributor, one
employee of a retail pharmacy chain located in Florida, one licensed pharmacist who is a member of the Board of
Pharmacy, one licensed physician, one employee of a licensed hospital who is a licensed pharmacist, one employee
of a permitted medical gas manufacturer or medical gas wholesale distributor who has been recommended by the
Compressed Gas Association, 168 and one employee of a pharmaceutical manufacturer. 169

Drug Wholesale Distributor Designated Representative
Each establishment that is issued a permit as a prescription drug wholesale distributor or an out-of-state
prescription drug wholesale distributor must designate in writing to DBPR at least one natural person to serve as
the designated representative of the wholesale distributor. Such person must have an active certification as a
designated representative from DBPR. 170

A designated representative: 171
• Must be actively involved in and aware of the actual daily operation of the wholesale distributor.
• Must be employed full time in a managerial position by the wholesale distributor.
• Must be physically present at the establishment during normal business hours, except for time periods
when absent due to illness, family illness or death, scheduled vacation, or other authorized absence.
• May serve as a designated representative for only one wholesale distributor at any one time.

To be certified as a designated representative, a natural person must: 172
• Submit an application and pay the appropriate fees.
• Be at least 18 years of age.
• Have at least 2 years of verifiable full-time:
o Work experience in a pharmacy licensed in Florida or another state, where the person’s
responsibilities included, but were not limited to, recordkeeping for prescription drugs;
o Managerial experience with a prescription drug wholesale distributor licensed in Florida or in
another state;
o Managerial experience with the United States Armed Forces, where the person’s responsibilities
included, but were not limited to, recordkeeping, warehousing, distributing, or other logistics
services pertaining to prescription drugs;
o Managerial experience with a state or federal organization responsible for regulating or permitting
establishments involved in the distribution of prescription drugs, whether in an administrative or a
sworn law enforcement capacity; or
o Work experience as a drug inspector or investigator with a state or federal organization, whether in
an administrative or a sworn law enforcement capacity, where the person's responsibilities related
primarily to compliance with state or federal requirements pertaining to the distribution of
prescription drugs.
• Pass the required examination.
• Provide DBPR with a personal information statement and fingerprints.

167 Florida Department of Business and Professional Regulation, Division of Drugs, Devices and Cosmetics – Council Information,

https://www2.myfloridalicense.com/drugs-devices-and-cosmetics/council-information/ (last visited April 4, 2025).
168 The Compressed Gas Association is an American trade association that develops and promotes safety standards and safe

practices for the industrial, medical, and food gases industry. International Society of Beverage Technologists, Resources,
https://www2.myfloridalicense.com/landscape-architecture/ (last visited April 4, 2025).
169 S. 499.01211, F.S.
170 S. 499.012(15), F.S.
171 Id.
172 Id.

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32
If an entity, which has received a permit from DDC, changes a majority of the ownership or the controlling interest,
then it must apply for a new permit from DDC before the change of ownership or controlling interest. 173

Board of Landscape Architecture
The Board of Landscape Architecture is responsible for licensing and regulating landscape architects. The board
generally meets four times a year to consider applications for licensure, review disciplinary cases, and conduct
informal hearings relating to licensure and discipline. The board engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 174

The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be registered landscape architects and two members must be laypersons who are not and have
never been registered landscape architects or members of any closely related profession. 175

Board of Architecture and Interior Design
The Board of Architecture and Interior Design is responsible for licensing and regulating architects and interior
designers. The board generally meets four times a year to consider applications for licensure, review disciplinary
cases, and conduct informal hearings relating to licensure and discipline. The board engages in rulemaking to
implement the provisions set forth in its statutes and conducts other general business, as necessary. 176

The board consists of eleven members who are appointed by the Governor and confirmed by the Senate. Five
members but be registered architects who have been engaged in the practice of architecture for at least five years,
three members must be registered interior designers who have been offering interior design services for at least 5
years and who are not also registered architects, and three members must be laypersons who are not, and have
never been, architects, interior designers, or members of any closely related profession or occupation. At least one
member of the board must be 60 years of age or older. 177

Board of Pilot Commissioners
The Board of Pilot Commissioners is responsible for licensing and regulating state pilots and deputy pilots. 178 The
board meets approximately four times a year to consider applications for licensure, review disciplinary cases, and
conduct informal hearings relating to licensure and discipline. The board engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 179

The board consists of 10 members who are appointed by the Governor and confirmed by the Senate. The board
consists of five licensed and active state pilots, two members who are actively involved in a professional or
business capacity in the maritime industry, one CPA who has at least five years of experience in financial
management, and two citizens of Florida. The latter three board members may not be involved in, or have any
financial interest in, the piloting profession, the maritime industry, the marine shipping industry, or the
commercial passenger cruise industry. 180

Board of Veterinary Medicine
The Board of Veterinary Medicine is responsible for licensing and regulating veterinarians. The board meets
approximately four times a year to consider applications for licensure, review disciplinary cases, and conduct

173 S. 499.012(6), F.S.
174 Florida Department of Business and Professional Regulation, Cosmetology,

https://www2.myfloridalicense.com/cosmetology/ (last visited April 4, 2025).
175 S. 481.305, F.S.
176 Florida Department of Business and Professional Regulation, Architecture and Interior Design,

https://www2.myfloridalicense.com/architecture-and-interior-design/ (last visited April 4, 2025).
177 S. 481.205(1), F.S.
178 State and deputy pilots navigate vessels within channels, waters, harbors, and ports.
179 Florida Department of Business and Professional Regulation, Harbor Pilots, https://www2.myfloridalicense.com/harbor-

pilots/ (last visited April 4, 2025).
180 S. 310.011, F.S.

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33
informal hearings relating to licensure and discipline. The board engages in rulemaking to implement the
provisions set forth in its statutes and conducts other general business, as necessary. 181

The board consists of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be licensed veterinarians and two members must be laypersons who have no connection to the
veterinary profession. 182

Board of Professional Geologists
The Board of Professional Geologists is responsible for licensing and regulating the practice of professional
geology. The board meets approximately four times a year to consider applications for licensure, review
disciplinary cases, and conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as necessary.

The board is comprised of seven members who are appointed by the Governor and confirmed by the Senate and
one ex officio member. Five members must be professional geologists and two must be laypersons who have no
connection to the geology profession. The chief of the Bureau of Geology in the Department of Environmental
Protection (or his or her designee) must serve as an ex officio member of the board. 183

Building Code Administrators and Inspectors Board
The Building Code Administrators and Inspectors Board is responsible for licensing and regulating building code
administrators, building code inspectors, and building code plans examiners. The board meets approximately six
times a year to consider applications for licensure, review disciplinary cases, and conduct informal hearings
relating to licensure and discipline. The board engages in rulemaking to implement the provisions set forth in its
statutes and conducts other general business, as necessary. 184

The board is comprised of nine members who are appointed by the Governor and confirmed by the Senate. The
board must consist of one member who is either a licensed architect, engineer, or contractor, two members serving
as building code administrators, two members serving as building code inspectors, one member serving as a plan
examiner, one member who is a representative of a city or county, and two consumer members who are not, and
have never been, members of such related professions. One of the consumer members must be a person with a
disability or a representative of an organization which represents persons with disabilities. 185

Board of Employee Leasing Companies
The Board of Employee Leasing Companies is responsible for licensing and regulating employee leasing
companies. 186 The board meets approximately six times a year to consider applications for licensure, review
disciplinary cases, and conduct informal hearings relating to licensure and discipline. The board engages in
rulemaking to implement the provisions set forth in its statutes and conducts other general business, as
necessary. 187

The board is comprised of seven members who are appointed by the Governor and confirmed by the Senate. Five
members must be engaged in the employee leasing industry and be Florida-licensed, where one of the licensed
members is part of an employee leasing company that has an annual gross Florida payroll for its leased employees
which is among the smallest 20 percent of licensed employee leasing companies in the state at the time of the

181 Florida Department of Business and Professional Regulation, Veterinary Medicine,

https://www2.myfloridalicense.com/veterinary-medicine/ (last visited April 4, 2025).
182 S. 474.204, F.S.
183 S. 492.103, F.S.
184 Florida Department of Business and Professional Regulation, Building Code Administrators & Inspectors,

https://www2.myfloridalicense.com/building-code-administrators-and-inspectors/ (last visited April 4, 2025).
185 S. 468.605, F.S.
186 “Employee leasing” is an arrangement where a leasing company assigns its employees to a client and allocates the direction

of and control over the leased employees between the leasing company and the client. S. 468.520(4), F.S.
187 Florida Department of Business and Professional Regulation, Employee Leasing Companies,

https://www2.myfloridalicense.com/employee-leasing-companies/ (last visited April 4, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
34
member’s appointment and each reappointment. The remaining two board members must be Florida residents
who must not be, or ever have been, connected with the business of employee leasing. 188

Florida Board of Professional Engineers
The practice of engineering is regulated by the Florida Board of Professional Engineers (FBPE) under the DBPR.
FBPE is responsible for reviewing applications, administering exams, licensing qualified applicants, and regulating
and enforcing the proper practice of engineering in the state. The administrative, investigative, and prosecutorial
services for FBPE are administered by the Florida Engineers Management Corporation (FEMC). FEMC is a non-
profit, single purpose corporation that operates through a contract with DBPR. 189

Under current law, FBPE is required to certify as qualified for a license by endorsement an applicant who:
• Qualifies to take the fundamentals examination and the principles and practice examination under state
law;
• Has passed a United States national, regional, state, or territorial licensing examination that is substantially
equivalent to the fundamentals examination and principles and practice examination under state law and
has satisfied certain experience requirements; or
• Holds a valid license to practice engineering issued by another state or territory of the United States, if the
criteria for issuance of the license were substantially the same as the licensure criteria that existed in
Florida at the time the license was issued.

FBPE must deem that an applicant who seeks licensure by endorsement has passed an examination substantially
equivalent to the fundamentals examination when such applicant has held a valid professional engineer’s license in
another state for 10 years. FBPE must deem that an applicant who seeks licensure by endorsement has passed an
examination substantially equivalent to the fundamentals examination and the principles and practices
examination when such applicant has held a valid professional engineer’s license in another state for 15 years. 190

FBPE meets six times a year and consists of 11 members who are appointed by the Governor for terms of four
years each. Nine members must be licensed engineers and two must be laypersons who are not and have never
been engineers or members of any closely related profession or occupation. A member of the board who is a
licensed engineer must be selected and appointed based on his or her qualifications to provide expertise and
experience to the board at all times in civil engineering, structural engineering, electrical or electronic engineering,
mechanical engineering, or engineering education. 191

The board is made up of 11 members appointed by the Governor. Nine members must be licensed engineers and
two members must be laypersons. Members are appointed to four-year terms. The board generally meets every
month. 192

Licensure by Endorsement for Engineers and Architects
Current law allows persons licensed as engineers or architects in other states or U.S. territories to receive a
licensure by endorsement if the person meets one of the following: 193
• Holds a valid license to practice engineering or architecture issued by another state or territory of the
United States.
o The criteria for issuance of the license in the other state or territory must be substantially the same
as the licensure criteria that existed in Florida at the time the license was issued.
• Qualifies for and passes the licensure exam to be an engineer or architect and meets the experience
requirement to be an engineer or architect.

188 S. 468.521, F.S.
189 Ss. 20.165(4)(a), and 471.038(3), F.S.
190 S. 471.015, F.S.
191 S. 471.007, F.S.
192 S. 471.007, F.S.; Florida Board of Professional Engineers, Agenda, Minutes, & Meetings, https://fbpe.org/meetings-

info/agendas-minutes-meetings/agenda-and-minutes-2024/#october (last visited April 7, 2025).
193 Ss. 471.015(3) and 481.213(3), F.S.

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35
• Holds a valid certificate issued by the National Council of Architectural Registration Boards, and holds a
valid license to practice architecture issued by another state or jurisdiction of the United State (This option
only applies to licensure as an architect).

Current law does not provide an option for licensure by endorsement for persons licensed as an engineer or
architect in a foreign jurisdiction.

Board of Professional Surveyors and Mappers
The Florida Department of Agriculture and Consumer Services (FDACS) licenses and regulates professional
surveyors and mappers in Florida through the Florida Board of Professional Surveyors and Mappers.

The Florida Board of Professional Surveyors and Mappers encourages the entry of qualified individuals into the
profession by approving individuals and businesses applying for licensure as professional surveyors and mappers.
In addition, the board protects the public by disciplining licensees who violate professional practice standards. 194

The board must meet at least once a year and consists of nine members who are appointed by the Commissioner of
Agriculture and confirmed by the Senate. Seven members must be registered surveyors and mappers who are
primarily engaged in the practice of surveying and mapping and two must be laypersons who are not and have
never been surveyors and mappers or members of any closely related profession or occupation. Members serve
four-year staggered terms. 195

Division of Hotels and Restaurants
The Division of Hotels and Restaurants of the DBPR licenses, inspects and regulates public lodging and food service
establishments in Florida. The division also licenses and regulates elevators, escalators and other vertical
conveyance devices. 196

The division is authorized to revoke or suspend licenses, or issue fines, for public lodging or public food service
establishments found to be operating in violation of ch. 509, F.S. 197

Fingerprinting for Military Spouse Licensure
Under certain circumstances, DBPR is required to issue professional licenses to applicants who are a
spouse or surviving spouse of active duty members of the U.S. Armed Forces. To be eligible for such
licensure, the spouse must provide the following to the department: 198
• Proof that the applicant is or was married to a member of the U.S. Armed Forces serving on active duty.
• Proof that the applicant holds a valid license for the profession issued by another state, the District of
Columbia, any possession or territory of the United States, or any foreign jurisdiction.
• Proof that the applicant, where required by the specific practice act, has complied with insurance or
bonding requirements.
• A complete set of the applicant’s fingerprints to the Department of Law Enforcement (FDLE) for a
statewide criminal history check.

194 Professional surveyors and mappers make exact measurements and determine property boundaries. They provide data

relevant to the shape, contour, gravitation, location, elevation, or dimension of land or land features on or near the earth's
surface for engineering, mapmaking, mining, land evaluation, construction and other purposes. Florida Department of
Agriculture and Consumer Services, Professional Surveyors and Mappers, https://www.fdacs.gov/Business-
Services/Surveyors-and-Mappers (last visited April 8, 2025).
195 S. 472.007, F.S.
196 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,

https://www2.myfloridalicense.com/hotels-restaurants/ (last visited April 8, 2025).
197 S. 509.261, F.S.
198 S. 455.02(3), F.S.

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36
FDLE must forward the fingerprints to the Federal Bureau of Investigation for a national criminal history check.
DBPR must, and the board may, review the results of the criminal history checks, and determine whether the
applicant meets the licensure requirements. 199

The costs of fingerprint processing are borne by the applicant. If the applicant’s fingerprints are submitted through
an authorized agency or vendor, the agency or vendor shall collect the required processing fees and remit the fees
to the Department of Law Enforcement. 200

Elevator Regulation
The Elevator Safety Act, located in ch. 399, F.S., establishes the minimum standards for elevator personnel in order
“to provide for the safety of life and limb and to promote public safety awareness”. 201

The Elevator Safety Act requires buildings more than three stories high, or buildings in which the vertical distance
between the bottom terminal landing and the top terminal landing exceeds 25 feet, to contain at least one
passenger elevator that will accommodate an ambulance stretcher 76 inches long and 24 inches wide in the
horizontal position. 202

Building Permits
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. 203

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. 204
Every local government must enforce the Florida Building Code and issue building permits. 205

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 206 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. 207

Local governments may not require an owner of a residence to obtain a permit to paint such residence. 208

Current law requires local governments to post their building permit applications, including a list of all required
attachments, drawings, and documents for each application, on its website. However, other than fire alarm building
permit applications, local governments are not required to have uniform building permit applications, and they are
free to create their own applications with their own requirements. 209

Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Florida Building Code. The Florida Building Code requires certain building, electrical,
plumbing, mechanical, and gas inspections. Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit for construction work that passes the required

199 Id.
200 Id.
201 S. 399.001, F.S.
202 S. 399.035(2), F.S.
203 553.72(1), F.S.
204 S. 553.72, F.S.
205 Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
206 S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
207 Ss. 125.56(4)(a) and 553.79(1), F.S.
208 Ss. 125.571, and 166.0483, F.S.
209 Ss. 553.79(1), and 553.7921, F.S.

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37
inspections is considered completed or closed. 210

Consumptive Water Use Permitting
A person must apply for and obtain a consumptive use permit (CUP) from the applicable water management
district (WMD) before using surface or groundwater of the state, unless the person is solely using the water for
domestic use. 211 To obtain a CUP, an applicant must satisfy three requirements, commonly referred to as the “the
three-prong test.” To satisfy the test, an applicant must establish that the proposed use of water:
• Is for a “reasonable-beneficial use,” meaning the use of water in such quantity as is necessary for economic
and efficient utilization for a purpose and in a manner, which is both reasonable and consistent with the
public interest; 212
• Will not interfere with any presently existing legal use of water; and
• Is consistent with the public interest. 213

Department of Agriculture and Consumer Services
The Department of Agriculture and Consumer Services (DACS) supports and promotes Florida agriculture, protects
the environment, safeguards consumers, and ensures the safety and wholesomeness of food. 214 The Division of
Licensing (Division) within DACS administers Florida's concealed weapon licensing program 215 and oversees
Florida's private investigative, private security, and recovery services industries. 216 The Division's regulatory
oversight of those services includes licensing, enforcing compliance standards, and ensuring public protection from
unethical business practices and unlicensed activity. 217

Private Investigative, Private Security, and Recovery Services Industries
Currently, the Division offers 22 different types of private investigative, private security, and recovery services
licenses and four different types of concealed weapon or firearm licenses. As of March 31, 2025, the Division had
issued a total of 213,977 private investigative, private security, and recovery services licenses. The following chart
provides a breakdown of the total number of each license type. 218

License License Title Total
Type
C Private Investigators 6,884
CC Private Investigator Interns 1,380
A Private Investigative Agencies 2,555
AA Private Investigative Agency Branch Offices 18
MA Private Investigative Agency Managers 82
M Private Investigative/Security Agency 438
Managers
D Security Officers 167,488
B Security Agencies 2,108
BB Security Agency Branch Offices 178
MB Security Managers 1,549
AB Security Agency/Private Investigative Agency 10
Branch Offices
DS Security Officer Schools 483

210 Section 110 of Eighth Edition of the Florida Building Code (Building).
211 S. 373.219, F.S.
212 S. 373.019(16), F.S.
213 S. 373.223, F.S.
214 Department of Agriculture and Consumer Services, About, https://www.fdacs.gov/About-Us (last visited April 4, 2025).
215 S. 790.06, F.S.
216 Ch. 493, F.S.
217 Office of Program Policy Analysis and Government Accountability, Government Program Summaries, Department of

Agriculture and Consumer Services Licensing, https://www.fdacs.gov/Divisions-Offices/Licensing (last visited April 4, 2025).
218 The Florida Department of Agriculture and Consumer Services, Division of Licensing Statistical Reports,

https://www.fdacs.gov/Divisions-Offices/Licensing/Statistical-Reports (last visited April 4, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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DI Security Officer Instructors 1,788
G Statewide Firearm Licenses 26,790
K Firearms Instructors 654
E Recovery Agents 799
EE Recovery Agent Interns 417
R Recovery Agencies 293
RR Recovery Agency Branch Offices 43
MR Recovery Agency Managers 4
RS Recovery Agent Schools 8
RI Recovery Agent Instructors 8
Total of Private Investigative, Private Security, and Recovery 213,977
Services Licenses

In order to receive a license for private investigative, private security, and recovery services industries from DACS,
a person must meet the following in addition to any other specific requirements for each license:219
• Be at least 18 years old;
• Be one of the following:
o A United States citizen,
o A permanent legal resident, or
o A holder of a work visa from the United States Citizenship and Immigration Service;
• Have no disqualifying criminal history;
• Be of good moral character;
• Have no history of:
o Mental illness,
o Alcohol abuse, or
o Substance abuse;
• Submit an application with certain identifying information.

Private Investigators
A private investigator is any individual who, for consideration, advertises as providing or performs private
investigations. 220 Any individual who performs the services of a private investigator must have a private
investigator Class “C” license. In order to obtain a license a person must: 221
• have two years of lawfully gained, verifiable, full-time experience to qualify for the license. This experience
can be acquired through a combination of:
o Private investigative work or related fields of work that provided equivalent experience or training;
o College coursework related to criminal justice, criminology or law enforcement administration, or
successful completion of any law enforcement-related training which may count for one year; or
o A Class “CC” licensed private investigator intern.
• pay a fee of $75
• pass an examination.

A private investigator intern is a person interning under a private investigator. Any person who wants to intern
with a private investigator must have private investigator intern Class “CC” license. In order to obtain a license a
person must: 222
• Pay a fee of $60
• Complete 40 hours of professional training pertaining to general investigative techniques.

219 Ss. 493.6105 and 493. 6106, F.S.
220 S. 493.6101(17), F.S.
221 Ss. 493.6202, and 493.6203, F.S.
222 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
39
Any person, firm, company, partnership or corporation that engages in business as a private investigative agency
must have a Class “A” license for its main location. A Class “A” license is valid for only one location. In order to
obtain a Class “A” license a person must pay a fee of $450. 223

A Class “A” license is valid for only one location. Any satellite or additional locations within a private investigative
agency must obtain a Class “AA” license. In order to obtain a Class “AA” license a person must: 224
• Have a Class “A” license for the main location.
• Pay a fee of $125.

Every location with a Class “A” license or branch location with a Class “AA” license must have a licensed manager. A
manager may supervise up to three locations within a 150-mile radius. A private investigator with a Class “C”
license may act as a manager; however, any person who wants to be a licensed manager must have a Class “MA”
license. In order to obtain such license a person must:
• Have two years of experience in the private investigative work or related fields of work that provided
equivalent experience or training;
• Pass an exam; and
• Pay a fee of $75.

Security Officers
A security officer is any individual who, for consideration, advertises or performs the following: 225
• Providing bodyguard protection.
• Guarding property.
• Transporting prisoners.
• Providing armored car services.
• Assisting in prevention of theft.
• Assisting in prevention of the misappropriation or concealment of articles of value or assisting in the return
of such articles.

In order to be a security officer, an individual must have security officer Class “D” license from DACS. 226

Any person, firm, company, partnership or corporation that engages in business as a security agency must have a
security agency Class “B” license for its main location. A Class “B” license is valid for only one location. In order to
obtain a Class “B” license a person must pay a fee of $450. 227

A Class “B” license is valid for only one location. Any satellite or additional locations within a security must obtain a
security agency branch office Class “BB” license. In order to obtain a Class “BB” license a person must: 228
• Have a Class “B” license for a different location.
• Pay a fee of $125.

Every location with a Class “B” license or branch location with a Class “BB” license must have a licensed manager or
a licensed security officer with at least two years of experience. Any person who wants to be a licensed manager
must have a manager of a security agency Class “MB” license. In order to obtain such license a person must: 229
• Have two years of experience in security work or related fields of work that provided equivalent
experience or training (College coursework, law enforcement-related training, or managerial experience
may count towards one year of experience); and
• Pay a fee of $75.

223 Id.
224 Id.
225 S. 493.6101(19), F.S.
226 S. 493.6301, F.S.
227 Ss. 493.6301, and 493.6302, F.S.
228 Id.
229 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
40
Dual Private Investigator and Security Agency Licenses
If a person, firm, company, partnership or corporation holds both a private investigative agency Class “A” and
security agency Class “B” license, each additional or branch office must have a Class “AB” license. In order to obtain
a Class “AB” license a person must: 230
• Have a Class “A” and Class “B” license for the main location.
• Pay a fee of $125.

A person who qualifies as manager for a private investigative agency and a security agency may obtain a manager
Class “M” license, which allows the person to be a manager for both types of agencies. In order to obtain a Class “M”
license a person must: 231
• Qualify for a private investigator manager Class “MA” license;
• Qualify for a security agency manager Class “MB” license;
• Pass an exam; and
• Pay a fee of $75.

Repossession Services
Repossession means the recovery of a motor vehicle, a mobile home, a motorboat, an aircraft, a personal
watercraft, an all-terrain vehicle, farm equipment, or industrial equipment, by an individual who is authorized by
the legal owner, lienholder, or lessor to recover that which has been sold or leased under a security agreement that
contains a repossession clause. 232

Any individual who performs repossession services must be licensed as a recovery agent and have a recovery
agent Class “E” license issued by DACs. In order to obtain a license a person must: 233
• Have one year of lawfully gained, verifiable, full-time experience to qualify for the license. This experience
can be acquired through a combination of:
o Repossession work; or
o Completing a repossession internship
• Complete 40 hours of professional training
• Pay a fee of $75.

A recovery agent intern is a person interning under a licensed recovery agent. Any person who wants to enter the
internship must have Class “EE” license issued by DACS. In order to obtain a license a person must: 234
• Pay a fee of $60
• Complete 40 hours of professional training pertaining to general investigative techniques.

Any person, firm, company, partnership or corporation that engages in business as a recovery must have a
recovery agency main office Class “R” license for their main office. A Class “R” license is valid for only one location.
In order to obtain a Class “R” license a person must: 235
• Pay a fee of $450.

Any satellite or additional locations within a recovery agency must obtain a recovery agent intern Class “RR”
license. In order to obtain a Class “RR” license a person must: 236
• Have a Class “R” license for the main location.
• Pay a fee of $125.

230 Ss. 493.6201, and 493.6202, F.S.
231 Ss. 493.6203, and 493.6303, F.S.
232 S. 493.6101(22), F.S.
233 Ss. 493.6402, and 493.6403, F.S.
234 Id.
235 Id.
236 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
41
Every location with a Class “R” license or branch location with a Class “RR” license must have a licensed manager.
However, a licensed recovery agent may also act as a manager. A licensed manager must have a manager of a
recovery agency Class “MR” license. In order to obtain such license a person must: 237
• Have one year of experience as a licensed recovery agent; and
• Pay a fee of $75.

Motor Vehicle Repair Advisory Council
The Motor Vehicle Repair Advisory Council advises and assists DACS in carrying out and reviewing the rules
relating to the Florida Motor Vehicle Repair Act. The council also advises DACS on matters relating to educational
grants, advancements in industry standards and practices, and other issues that require technical expertise and
consultation or that promise better consumer protection in the motor vehicle repair industry. 238

The council is made up of nine members appointed by the Commissioner of Agriculture. One person must be a
motor vehicle mechanic, two persons must be laymen, and six members from the motor vehicle repair business
including one from each of the below categories: 239
• Independent automotive mechanics shop.
• Franchise or company-owned automotive mechanics shop.
• Automotive collision shop.
• Tire dealer.
• Independent motor vehicle dealer.
• Franchise motor vehicle dealer.

Pest Control Enforcement Advisory Council
The Pest Control Enforcement Advisory Council advises the Commissioner of Agriculture regarding the regulation
of pest control practices. The council also advises government agencies with respect to those activities related to
their responsibilities regarding pest control. The council shall serve as the statewide forum for the coordination of
pest control related activities to eliminate duplication of effort and maximize protection of the public. 240

The council shall consist of 11 members appointed to 4-year terms by the Commissioner of Agriculture. The 11
members must include the following: 241
• A representative of DACS.
• A citizen not involved in the conduct of pest control;
• A state university urban entomologist.
• Two pest control operators actively involved in termite control.
• Two pest control operators actively involved in general household pest control.
• Two pest control operators actively involved in structural fumigation.
• Two pest control operators actively involved in lawn and landscape pest control.

Babcock Ranch Advisory Group
The Babcock Ranch Advisory Group assists DACS by providing guidance and advice concerning the management
and stewardship of the Babcock Ranch Preserve. 242

237 Id.
238 S. 559.9221, F.S.
239 Id.
240 S. 482.243, F.S.
241 Id.
242 S. 259.1053(4), F.S.; The “Babcock Ranch Preserve constitutes a unique land mass that has significant scientific, cultural,

historical, recreational, ecological, wildlife, fisheries, and productive values. The property is part of a potential greenway of
undeveloped land extending from Lake Okeechobee to the east and Charlotte Harbor to the west. The natural beauty and
abundant resources of the ranch provide numerous public recreational opportunities such as hiking, fishing, camping,
horseback riding, and hunting. Ss. 259.1052, and 259.1053, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
42
The Advisory Group is composed of nine members appointed to 5-year terms. Members are appointed by the
Commissioner of Agriculture based on recommendations from the Governor and Cabinet, and the governing
boards of Charlotte County and Lee County. The nine members must include: 243
• One member with experience in sustainable management of forest lands for commodity purposes.
• One member with experience in financial management, budget and program analysis, and small business
operations.
• One member with experience in management of game and nongame wildlife and fish populations, including
hunting, fishing, and other recreational activities.
• One member with experience in domesticated livestock management, production, and marketing, including
range management and livestock business management.
• One member with experience in agriculture operations or forestry management.
• One member with experience in hunting, fishing, nongame species management, or wildlife habitat
management, restoration, and conservation.
• One member with experience in public outreach and education.
• One member who is a resident of Lee County, to be designated by the Board of County Commissioners of
Lee County.
• One member who is a resident of Charlotte County, to be designated by the Board of County Commissioners
of Charlotte County.

Agriculture Economic Development Project Review Committee
In 1991, the Legislature created the Agriculture Economic Development Program within DACS to promote and
coordinate efficient and beneficial agricultural economic development within agriculturally depressed areas of the
state. 244

The program is administered by the Division of Marketing and Development within DACS. At that time, an
Agriculture Economic Development Project Review Committee was created within DACS to facilitate the project
selection process and to make recommendations to the Commissioner regarding project prioritization and
selection. 245

The Agricultural Economic Development Project Review Committee includes five members appointed by the
commissioner and should include: The commissioner; One representative from the Farm Credit Service; One
representative from the Department of Commerce; One representative from the Florida Farm Bureau Federation;
One agricultural economist from the Institute of Food and Agricultural Sciences or from Florida Agricultural and
Mechanical University. The committee reviews each application for assistance that meets the basic program
criteria and makes recommendations to the commissioner regarding all aspects of each eligible application,
including the acceptance or rejection of each application. It also prioritizes the applications recommended for
assistance and forwards all written comments and recommendations to the commissioner, which shall be included
in the annual report of the department. If the commissioner does not accept the recommendations or priorities of
the review committee, the annual report of the department shall include justification for any or all rejections. 246

Florida Department of Law Enforcement
The Florida Department of Law Enforcement (FDLE) is a state agency created in 1969 to provide investigative,
forensic, and criminal justice services in support of Florida’s law enforcement community. 247 FDLE operates under
the direction of the Florida Cabinet and maintains its headquarters in Tallahassee, with regional operations
throughout the state. FDLE’s mission is to promote public safety and strengthen domestic security by providing
services to local, state, and federal agencies. 248

243 S. 259.1053(4), F.S.
244 Ch. 91-268, Laws of Florida
245 S. 570.248, F.S.
246 Id.
247 s. 943.03, F.S.
248 FDLE, Mission Statement, https://www.fdle.state.fl.us (last visited April 1, 2025).

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
43
FDLE is responsible for processing criminal history background checks and fingerprint submissions for a wide
range of professions and regulatory programs, including those involving licensure and employment eligibility. 249
The agency is authorized to exchange fingerprint data with the United States Department of Justice as part of
national criminal history checks. 250

As part of Florida’s oversight of the insurance industry, the FDLE provides access to criminal history information to
noncriminal justice agencies, such as the Department of Financial Services (DFS), for use in evaluating insurance
licensure applications. 251 Individuals applying for licenses—such as insurance agents, adjusters, and other
regulated professionals—must submit to fingerprint-based background screenings. 252 Fingerprints must be
submitted electronically through a LiveScan vendor approved by FDLE. 253 FDLE processes the fingerprints and
transmits the results to the appropriate licensing authority, typically DFS, to determine the applicant’s eligibility. 254

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Commerce Committee Hamon Keating

249 S. 943.053, F.S.
250 S. 943.054, F.S.
251 S. 943.053(3)(a), F.S.
252 S. 626.171(4), F.S.
253 Florida Department of Financial Services, Fingerprinting Information, https://www.myfloridacfo.com/division/agents/licensing/agents-

and-adjusters/fingerprinting-information. (last visited on April 2, 2025).
254 Id.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
44
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

PCS for CS/HB 991 2025

1 A bill to be entitled
2 An act relating to community and economic development;
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 initiating new
7 projects or issuing new debt on or after a specified
8 date unless certain requirements are met; defining the
9 term "new project"; revising provisions relating to
10 any outstanding bonds of a community redevelopment
11 agency; prohibiting the creation of community
12 redevelopment agencies on or after a specified date;
13 prohibiting the expansion of community redevelopment
14 areas on or after a specified date; providing
15 applicability; authorizing existing agencies before a
16 specified date to continue to operate; amending s.
17 20.165, F.S.; renaming, removing, and redesignating
18 specified boards, commissions, and councils
19 established within the Department of Business and
20 Professional Regulation; changing the office locations
21 of certain divisions; requiring the department to
22 provide to the Division of Professions a summary of
23 changes to statutory law within a specified time
24 period after adjournment of session; repealing ss.
25 310.011, 310.032, 310.042, 455.2124, 455.2228,

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PCS for CS/HB 991 2025

26 468.384, 468.399, 468.4315, 468.4337, 468.4338,
27 468.521, 468.522, 468.523, 468.605, 468.8316,
28 468.8416, 471.007, 471.008, 471.009, 471.019,
29 471.0195, 471.038, 472.007, 472.008, 472.009, 472.018,
30 472.019, 473.303, 473.312, 474.204, 474.206, 475.02,
31 475.03, 475.04, 475.045, 475.05, 475.10, 476.054,
32 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243,
33 489.107, 489.507, 492.103, 493.6116, 499.01211,
34 559.9221, and 570.81, F.S., relating to Board of Pilot
35 Commissioners; oath of members of the Board of Pilot
36 Commissioners; organization and meetings of the board;
37 proration of continuing education; barbers and
38 cosmetologists and instruction on HIV and AIDS;
39 Florida Board of Auctioneers; expenditure of excess
40 funds; Regulatory Council of Community Association
41 Managers; continuing education; reactivation and
42 continuing education; the Board of Employee Leasing
43 Companies, membership, appointments, and terms; rules
44 of the board; applicability of s. 20.165 and chapter
45 455; Florida Building Code Administrators and
46 Inspectors Board; continuing education; Board of
47 Professional Engineers; rulemaking authority of the
48 board; board headquarters; reactivation; Florida
49 Building Code training for engineers; Florida
50 Engineers Management Corporation; Board of

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PCS for CS/HB 991 2025

51 Professional Surveyors and Mappers; rules of the
52 board; board headquarters; continuing education;
53 continuing education for reactivating a license; Board
54 of Veterinary Medicine; renewal of license; Board of
55 Accountancy; continuing education; Barbers' Board;
56 organization, headquarters, personnel, and meetings of
57 the board; Board of Cosmetology; Board of Architecture
58 and Interior Design; authority of the board to make
59 rules; Florida Real Estate Commission; delegation of
60 powers and duties; legal services; duty of commission
61 to educate members of profession; Florida Real Estate
62 Commission Education and Research Foundation; power of
63 commission to enact bylaws and rules and decide
64 questions of practice; seal; Board of Landscape
65 Architecture; Pest Control Enforcement Advisory
66 Council; Construction Industry Licensing Board;
67 Electrical Contractors' Licensing Board; Board of
68 Professional Geologists; sponsorship of interns; Drug
69 Wholesale Distributor Advisory Council; Motor Vehicle
70 Repair Advisory Council; and Agricultural Economic
71 Development Project Review Committee, respectively;
72 requiring the department to conduct a specified study;
73 amending ss. 212.08, 215.5586, 215.55871, 309.01,
74 310.0015, 310.002, 310.051, 310.061, 310.071, 310.073,
75 310.075, 310.081, 310.101, 310.102, 310.111, 310.1115,

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PCS for CS/HB 991 2025

76 310.121, 310.131, 310.142, 310.151, 310.183, 310.185,
77 319.28, 326.002, 326.006, 376.303, 381.0065, 403.868,
78 403.9329, 440.02, 448.26, 468.382, 468.385, 468.3852,
79 468.3855, 468.387, 468.388, 468.389, 468.392, 468.393,
80 468.395, 468.396, 468.397, 468.398, 468.431, 468.433,
81 468.4336, 468.435, 468.436, 468.520, 468.522, 468.524,
82 468.5245, 468.525, 468.526, 468.527, 468.5275,
83 468.529, 468.530, 468.531, 468.532, 468.603, 468.606,
84 468.607, 468.613, 468.619, 468.621, 468.627, 468.629,
85 468.631, 468.8312, 468.8315, 468.8415, 468.8417,
86 468.8419, 469.004, 469.012, 469.013, 471.003,
87 471.0035, 471.005, 471.011, 471.013, 471.017, 471.021,
88 471.023, 471.025, 471.031, 471.033, 471.045, 471.055,
89 472.003, 472.005, 473.302, 473.3035, 473.304, 473.305,
90 473.306, 473.309, 473.3101, 473.311, 473.3125,
91 473.313, 473.314, 473.315, 473.316, 473.319, 473.3205,
92 473.321, 473.322, 473.323, 474.202, 474.2065, 474.207,
93 474.211, 474.2125, 474.213, 474.214, 474.215, 474.216,
94 474.2165, 474.217, 474.221, 476.034, 476.074, 476.114,
95 476.134, 476.144, 476.154, 476.155, 476.192, 476.204,
96 476.214, 476.234, 477.013, 477.0135, 477.016, 477.018,
97 477.019, 477.0201, 477.0212, 477.022, 477.025,
98 477.026, 477.0263, 477.028, 477.029, 481.203, 481.207,
99 481.209, 481.211, 481.215, 481.217, 481.219, 481.221,
100 481.222, 481.223, 481.225, 481.2251, 481.303, 481.306,

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PCS for CS/HB 991 2025

101 481.307, 481.309, 481.310, 481.311, 481.313, 481.315,
102 481.317, 481.319, 481.321, 481.323, 481.325, 489.103,
103 489.105, 489.108, 489.109, 489.111, 489.113, 489.1131,
104 489.1136, 489.114, 489.115, 489.116, 489.117, 489.118,
105 489.119, 489.1195, 489.121, 489.126, 489.127, 489.129,
106 489.131, 489.132, 489.133, 489.1401, 489.1402,
107 489.141, 489.142, 489.1425, 489.143, 489.1455,
108 489.146, 489.509, 489.510, 489.511, 489.513, 489.514,
109 489.515, 489.516, 489.5161, 489.517, 489.518,
110 489.5185, 489.519, 489.520, 489.521, 489.522, 489.523,
111 489.525, 489.533, 489.5335, 489.537, 489.552, 492.102,
112 492.104, 492.105, 492.1051, 492.106, 492.107, 492.108,
113 492.1101, 492.111, 492.113, 493.6101, 493.6105,
114 493.6106, 493.6111, 493.6113, 493.6118, 493.6120,
115 493.6123, 493.6201, 493.6202, 493.6203, 493.6301,
116 493.6302, 493.6303, 493.6304, 493.631, 493.6401,
117 493.6402, 493.6403, 493.6406, 514.0315, 514.075,
118 533.791, 553.998, 569.34, 627.192, 633.216, 713.01,
119 and 1006.12, F.S.; providing licensing authority to
120 the department rather than licensing boards; removing
121 continuing education requirements; conforming
122 provisions to changes made by the act; amending s.
123 474.2021, F.S.; revising requirements related to
124 prescriptions by veterinarians practicing telehealth;
125 providing licensing authority to the department rather

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126 than licensing boards; amending s. 259.1053, F.S.;
127 removing the Babcock Ranch Advisory Group; amending s.
128 399.035, F.S.; revising the requirements for
129 accessibility of elevators for the physically
130 handicapped; amending s. 373.219, F.S.; providing an
131 exception to the permit requirement for certain
132 landscape irrigation water users; amending s. 455.02,
133 F.S.; specifying that certain license application
134 requirements apply only to certain professions;
135 amending s. 455.213, F.S.; providing regulation
136 authority to the department to regulate a
137 cosmetologist or cosmetology specialist review an
138 applicant's criminal record; amending s. 468.386,
139 F.S.; requiring the department to reduce fees by a
140 specified percentage on a certain date; amending s.
141 468.609, F.S.; revising the standards for
142 certification as a building code inspector or plans
143 examiner; amending s. 471.015, F.S.; revising who the
144 department must certify as qualified for a license by
145 endorsement for the practice of engineering; amending
146 s. 473.308, F.S.; revising the education and work
147 experience requirements for a certified public
148 accountant license; directing the department to
149 prescribe specified coursework for licensure; revising
150 requirements for licensure by endorsement; removing

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151 provisions relating to licensure of applicants with
152 work experience in foreign countries; providing
153 applicability; creating s. 473.3085, F.S.; requiring
154 an international applicant who seeks licensure as a
155 certified public accountant in this state to meet
156 specified criteria prescribed by the department;
157 requiring such applicants to apply to the department;
158 requiring such applicants to create and maintain an
159 online account with the department; providing that the
160 applicant's e-mail address serves as the primary means
161 of communication from the department; requiring an
162 applicant to submit any change in certain information
163 within a specified timeframe through the department's
164 online system; requiring the department to certify an
165 applicant who meets certain requirements; requiring
166 the department to adopt rules; amending s. 473.3141,
167 F.S.; revising requirements for certified public
168 accountants licensed in another state or a territory
169 of the United States to practice in this state without
170 obtaining a license; amending s. 476.184, F.S.;
171 requiring the department to adopt rules; requiring a
172 mobile barbershop to comply with all licensure and
173 operating requirements that apply to a barbershop at a
174 fixed location; providing an exception; requiring a
175 mobile barbershop to have a permanent business address

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176 in a specified location; requiring that certain
177 records be kept at the permanent business address;
178 requiring a mobile barbershop licenseholder to file
179 with the department a written monthly itinerary that
180 provides certain information; requiring that a
181 licenseholder comply with certain laws and ordinances;
182 amending s. 476.188, F.S.; providing that a barbershop
183 must be licensed with the department, rather than
184 registered; authorizing the practice of barbering to
185 be performed in a location other than a licensed
186 barbershop under certain circumstances; amending s.
187 481.213, F.S.; revising who the department shall
188 certify as qualified for a license by endorsement in
189 the practice of architecture; amending s. 499.012,
190 F.S.; revising permit application requirements for
191 sale, transfer, assignment, or lease; removing permit
192 application requirements for a prescription drug
193 wholesale distributor to include a designated
194 representative; amending s. 499.0121, F.S.; removing a
195 designated representative as a responsible person who
196 must be listed by a wholesale distributor; amending s.
197 499.041, F.S.; removing a requirement that the
198 department assess each person applying for
199 certification as a designated representative a fee,
200 plus the cost of processing a criminal history record

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201 check; amending s. 509.261, F.S.; prohibiting a
202 lodging establishment or a public food service
203 establishment from selling hemp in violation of the
204 state hemp program; reordering and amending s.
205 569.002, F.S; making technical changes; amending s.
206 569.006, F.S.; revising the violations for which
207 retail tobacco products dealers are penalized;
208 amending 569.35, F.S.; revising retail nicotine
209 product dealer administrative penalties; amending s.
210 581.217, F.S.; defining the term "division";
211 authorizing the Division of Alcoholic Beverages and
212 Tobacco to assist any agent of the Department of
213 Agriculture and Consumer Services in enforcing the
214 state hemp program; authorizing the division to enter
215 any public or private premises during a specified
216 timeframe in the performance of its duties; reenacting
217 and amending s. 20.60, F.S.; revising the list of
218 divisions and offices within the Department of
219 Commerce to conform to changes made by the act;
220 revising the annual program reports that must be
221 included in the annual report of the Department of
222 Commerce; amending s. 163.3168, F.S.; requiring the
223 state land planning agency to give preference for
224 technical assistance funding to local governments
225 located in a rural area of opportunity; requiring the

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226 agency to consult with the Office of Rural Prosperity
227 when awarding certain funding; amending s. 215.971,
228 F.S.; providing construction regarding agreements
229 funded with federal or state assistance; requiring the
230 agency to expedite payment requests from a county,
231 municipality, or rural area of opportunity for a
232 specified purpose; requiring each state agency to
233 report to the Office of Rural Prosperity by a certain
234 date with a summary of certain information; requiring
235 the office to summarize the information it receives
236 for its annual report; amending s. 218.67, F.S.;
237 revising the conditions required for a county to be
238 considered a fiscally constrained county; authorizing
239 eligible counties to receive a distribution of sales
240 and use tax revenue; revising the sources that the
241 Department of Revenue must use to determine the amount
242 distributed to fiscally constrained counties; revising
243 the factors for allocation of the distribution of
244 revenue to fiscally constrained counties; requiring
245 that the computation and amount distributed be
246 calculated based on a specified rounding algorithm;
247 authorizing specified uses for the revenue; conforming
248 a cross-reference; amending s. 288.0001, F.S.;
249 requiring the Office of Economic and Demographic
250 Research and the Office of Program Policy Analysis and

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251 Government Accountability (OPPAGA) to prepare a report
252 for a specified purpose; specifying requirements for
253 the report; providing that the Office of Economic and
254 Demographic Research and OPPAGA must be provided with
255 all data necessary to complete the rural communities
256 or areas report upon request; authorizing the Office
257 of Economic and Demographic Research and OPPAGA to
258 collaborate on all data collection and analysis;
259 requiring the Office of Economic and Demographic
260 Research and OPPAGA to submit the report to the
261 Legislature by a specified date; providing additional
262 requirements for the report; providing for expiration;
263 amending s. 288.001, F.S.; requiring the Florida Small
264 Business Development Center Network to use certain
265 funds appropriated for a specified purpose;
266 authorizing the network to dedicate funds to
267 facilitate certain events; amending s. 288.007, F.S.;
268 revising which local governments and economic
269 development organizations seeking to recruit
270 businesses are required to submit a specified report;
271 creating s. 288.013, F.S.; providing legislative
272 findings; creating the Office of Rural Prosperity
273 within the Department of Commerce; requiring the
274 Governor to appoint a director, subject to
275 confirmation by the Senate; providing that the

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276 director reports to and serves at the pleasure of the
277 secretary of the department; providing the duties of
278 the office; requiring the office to establish by a
279 specified date a certain number of regional rural
280 community liaison centers across this state for a
281 specified purpose; providing the powers, duties, and
282 functions of the liaison centers; requiring the
283 liaison centers, to the extent possible, to coordinate
284 with certain entities; requiring the liaison centers
285 to engage with the Rural Economic Development
286 Initiative (REDI); requiring at least one staff member
287 of a liaison center to attend the monthly meetings in
288 person or by means of electronic communication;
289 requiring the director of the office to submit an
290 annual report to the Administration Commission in the
291 Executive Office of the Governor; specifying
292 requirements for the annual report; requiring that the
293 annual report also be submitted to the Legislature by
294 a specified date and published on the office's
295 website; requiring the director of the office to
296 attend the next Administration Commission meeting to
297 present detailed information from the annual report;
298 requiring OPPAGA to review the effectiveness of the
299 office by a certain date annually until a specified
300 date; requiring OPPAGA to review the office at

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301 specified intervals; requiring such reviews to include
302 certain information to be considered by the
303 Legislature; requiring that such reports be submitted
304 to the Legislature; requiring OPPAGA to review certain
305 strategies from other states; requiring OPPAGA to
306 submit to the Legislature its findings at certain
307 intervals; creating s. 288.014, F.S.; providing
308 legislative findings; requiring the Office of Rural
309 Prosperity to administer the Renaissance Grants
310 Program to provide block grants to eligible
311 communities; requiring the Office of Economic and
312 Demographic Research to certify to the Office of Rural
313 Prosperity certain information by a specified date;
314 defining the term "growth-impeded"; requiring the
315 Office of Economic and Demographic Research to certify
316 annually that a county remains growth-impeded until
317 such county has positive population growth for a
318 specified amount of time; providing that such county,
319 after 3 consecutive years of population growth, is
320 eligible to participate in the program for 1
321 additional year; requiring a county eligible for the
322 program to enter into an agreement with the Office of
323 Rural Prosperity in order to receive the block grant;
324 giving such counties broad authority to design their
325 specific plans; prohibiting the Office of Rural

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326 Prosperity from determining how such counties
327 implement the block grant; requiring regional rural
328 community liaison center staff to provide assistance,
329 upon request; requiring participating counties to
330 report annually to the Office of Rural Prosperity with
331 certain information; providing that a participating
332 county receives a specified amount from funds
333 appropriated to the program; requiring participating
334 counties to make all attempts to limit the amount
335 spent on administrative costs; authorizing
336 participating counties to contribute other funds for
337 block grant purposes; requiring participating counties
338 to hire a renaissance coordinator; providing that
339 funds from the block grant may be used to hire the
340 renaissance coordinator; providing the
341 responsibilities of the renaissance coordinator;
342 requiring the regional rural community liaison center
343 staff to provide assistance and training to the
344 renaissance coordinator, upon request; requiring
345 participating counties to design a plan to make
346 targeted investments to achieve population growth and
347 increase economic vitality; providing requirements for
348 such plans; requiring participating counties to
349 develop intergovernmental agreements with certain
350 entities in order to implement the plan; requiring the

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351 Auditor General to conduct an operational audit every
352 2 years for a specified purpose; requiring the Office
353 of Economic and Demographic Research to provide an
354 annual report on a specified date of renaissance block
355 grant recipients by county; providing requirements for
356 the annual report; requiring that the report be
357 submitted to the Legislature; prohibiting funds
358 appropriated for the program from being subject to
359 reversion; providing for an expiration of the section;
360 creating s. 288.0175, F.S.; creating the Public
361 Infrastructure Smart Technology Grant Program within
362 the Office of Rural Prosperity; defining terms;
363 requiring the office to contract with one or more
364 smart technology lead organizations to administer a
365 grant program for a specified purpose; providing the
366 criteria for such contracts; requiring that projects
367 funded by the grant program be included in the
368 office's annual report; amending s. 288.018, F.S.;
369 requiring the office, rather than the Department of
370 Commerce, to establish a grant program to provide
371 funding for regional economic development
372 organizations; revising who may apply for such grants;
373 providing that a grant award may not exceed a certain
374 amount in a year; providing exceptions to a provision
375 that the department may expend a certain amount for a

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376 certain purpose; amending s. 288.019, F.S.; revising
377 the program criteria and procedures that agencies and
378 organizations of REDI are required to review; revising
379 the list of impacts each REDI agency and organization
380 must consider in its review; requiring REDI agencies
381 and organizations to develop a proposal for
382 modifications which minimizes the financial and
383 resource impacts to a rural community; requiring that
384 ranking of evaluation criteria and scoring procedures
385 be used only when ranking is a component of the
386 program; requiring that match requirements be waived
387 or reduced for rural communities; providing that
388 donations of land may be treated as in-kind matches;
389 requiring each agency and organization that applies
390 for or receives federal funding to request federal
391 approval to waive or reduce the financial match
392 requirements, if any, for projects in rural
393 communities; requiring that proposals be submitted to
394 the office, rather than the department; requiring each
395 REDI agency and organization to modify rules or
396 policies as necessary to reflect the finalized
397 proposal; requiring that information about authorized
398 waivers be included on the office's online rural
399 resource directory; conforming a cross-reference;
400 amending s. 288.021, F.S.; requiring, when

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401 practicable, the economic development liaison to serve
402 as the agency representative for REDI; amending s.
403 288.065, F.S.; defining the term "unit of local
404 government"; requiring the office to include in its
405 annual report certain information about the Rural
406 Community Development Revolving Loan Fund; conforming
407 provisions to changes made by the act; amending s.
408 288.0655, F.S.; revising the list of grants that may
409 be awarded by the office; deleting the authorization
410 for local match requirements to be waived for a
411 catalyst site; revising the list of departments the
412 office must consult with to certify applicants;
413 requiring the office to include certain information
414 about the Rural Infrastructure Trust Fund in its
415 annual report; conforming provisions to changes made
416 by the act; amending s. 288.0656, F.S.; providing
417 legislative findings; providing that REDI is created
418 within the Office of Rural Prosperity, rather than the
419 department; deleting the definitions of the terms
420 "catalyst project" and "catalyst site"; requiring that
421 an alternate for each designated deputy secretary be a
422 deputy secretary or higher-level staff person;
423 requiring that the names of such alternates be
424 reported to the director of the office; requiring at
425 least one rural liaison to participate in REDI

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426 meetings; requiring REDI to meet at least each month;
427 deleting a provision that a rural area of opportunity
428 may designate catalyst projects; requiring REDI to
429 submit a certain report to the office, rather than to
430 the department; specifying requirements for such
431 report; conforming provisions to changes made by the
432 act; repealing s. 288.06561, F.S., relating to
433 reduction or waiver of financial match requirements;
434 amending s. 288.0657, F.S.; requiring the office,
435 rather than the department, to provide grants to
436 assist rural communities; providing that such grants
437 may be used for specified purposes; requiring the
438 rural liaison to assist those applying for such
439 grants; providing that marketing grants may include
440 certain funding; amending s. 288.1226, F.S.; revising
441 required components of the 4-year marketing plan of
442 the Florida Tourism Industry Marketing Corporation;
443 repealing s. 288.12266, F.S., relating to the Targeted
444 Marketing Assistance Program; amending s. 288.9961,
445 F.S.; revising the definition of the term
446 "underserved"; requiring the office to consult with
447 regional rural community liaison centers on
448 development of a certain strategic plan; requiring
449 rural liaisons to assist rural communities with
450 providing feedback in applying for federal grants for

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451 broadband Internet services; requiring the office to
452 submit reports with specified information to the
453 Governor and the Legislature within certain
454 timeframes; repealing s. 290.06561, F.S., relating to
455 designation of rural enterprise zones as catalyst
456 sites; amending s. 334.044, F.S.; revising the powers
457 and duties of the Department of Transportation;
458 amending s. 339.0801, F.S.; revising the allocation of
459 funds received in the State Transportation Trust Fund;
460 amending s. 339.2816, F.S.; requiring, rather than
461 authorizing, that certain funds received from the
462 State Transportation Trust Fund be used for the Small
463 County Road Assistance Program; requiring the
464 department to use other additional revenues for the
465 Small County Road Assistance Program; providing an
466 exception from the prohibition against funding
467 capacity improvements on county roads; amending s.
468 339.2817, F.S.; revising the criteria that the
469 Department of Transportation must consider for
470 evaluating projects for County Incentive Grant Program
471 assistance; requiring the department to give priority
472 to counties located either wholly or partially within
473 the Everglades Agricultural Area and which request a
474 specified percentage of project costs for eligible
475 projects; specifying a limitation on such requests;

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476 providing for future expiration; amending s. 339.2818,
477 F.S.; deleting a provision that the funds allocated
478 under the Small County Outreach Program are in
479 addition to the Small County Road Assistance Program;
480 deleting a provision that a local government within
481 the Everglades Agricultural Area, the Peace River
482 Basin, or the Suwannee River Basin may compete for
483 additional funding; conforming provisions to changes
484 made by the act; making a technical change; amending
485 s. 339.68, F.S.; providing legislative findings;
486 creating the Florida Arterial Road Modernization
487 Program within the Department of Commerce; defining
488 the term "rural community"; requiring the department
489 to allocate from the State Transportation Trust Fund a
490 minimum sum in each fiscal year to fund the program;
491 providing that such funding is in addition to any
492 other funding provided to the program; providing
493 criteria the department must use to prioritize
494 projects for funding under the program; requiring the
495 department to submit a report to the Governor and the
496 Legislature by a specified date; requiring that such
497 report be submitted every 2 years thereafter;
498 providing the criteria for such report; requiring the
499 Department of Transportation to allocate additional
500 funds to implement the Small County Road Assistance

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501 Program and amend the tentative work program for a
502 specified number of fiscal years; requiring the
503 department to submit a budget amendment before the
504 adoption of the work program; requiring the department
505 to allocate sufficient funds to implement the Florida
506 Arterial Road Modernization Program; requiring the
507 department to amend the current tentative work program
508 for a specified number of fiscal years to include the
509 program's projects; requiring the department to submit
510 a budget amendment before the implementation of the
511 program; requiring that the revenue increases in the
512 State Transportation Trust Fund which are derived from
513 the act be used to fund the work program; amending s.
514 420.9073, F.S.; revising the calculation of guaranteed
515 amounts distributed from the Local Government Housing
516 Trust Fund; reenacting and amending s. 420.9075, F.S.;
517 authorizing a certain percentage of the funds made
518 available in each county and eligible municipality
519 from the local housing distribution to be used to
520 preserve multifamily affordable rental housing;
521 specifying what such funds may be used for; providing
522 an expiration; amending ss. 163.3187, 212.205,
523 257.191, 257.193, 265.283, 288.11621, 288.11631,
524 443.191, 571.26, and 571.265, F.S.; conforming cross-
525 references and provisions to changes made by the act;

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526 reenacting s. 288.9935(8), F.S., relating to the
527 Microfinance Guarantee Program, to incorporate the
528 amendment made to s. 20.60, F.S., in a reference
529 thereto; reenacting ss. 125.0104(5)(c), 193.624(3),
530 196.182(2), 218.12(1), 218.125(1), 218.135(1),
531 218.136(1), 252.35(2)(cc), 288.102(4), 403.064(16)(g),
532 589.08(2) and (3), and 1011.62(1)(f), F.S., relating
533 to authorized uses of tourist development tax;
534 applicability of assessments of renewable energy
535 source devices; application of exemptions of renewable
536 energy source devices; appropriations to offset
537 reductions in ad valorem tax revenue in fiscally
538 constrained counties; offset for tax loss associated
539 with certain constitutional amendments affecting
540 fiscally constrained counties; offset for tax loss
541 associated with reductions in value of certain citrus
542 fruit packing and processing equipment; offset for ad
543 valorem revenue loss affecting fiscally constrained
544 counties; Division of Emergency Management powers;
545 one-to-one match requirement under the Supply Chain
546 Innovation Grant Program; applicability of provisions
547 related to reuse of reclaimed water; land acquisition
548 restrictions; and funds for operation of schools,
549 respectively, to incorporate the amendment made to s.
550 218.67, F.S., in references thereto; reenacting s.

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551 403.0741(6)(c), F.S., relating to grease waste removal
552 and disposal, to incorporate the amendments made to
553 ss. 218.67 and 339.2818, F.S., in references thereto;
554 reenacting s. 163.3177(7)(e), F.S., relating to
555 required and optional elements of comprehensive plans
556 and studies and surveys, to incorporate the amendment
557 made to s. 288.0656, F.S., in a reference thereto;
558 reenacting s. 288.9962(7)(a), F.S., relating to the
559 Broadband Opportunity Program, to incorporate the
560 amendment made to s. 288.9961, F.S., in a reference
561 thereto; reenacting s. 339.66(5) and (6), F.S.,
562 relating to upgrades of arterial highways with
563 controlled access facilities, to incorporate the
564 amendment made to s. 339.68, F.S., in references
565 thereto; reenacting ss. 420.9072(4) and (6),
566 420.9076(7)(b), and 420.9079(2), F.S., relating to the
567 State Housing Initiatives Partnership Program,
568 adoption of affordable housing incentive strategies
569 and committees, and the Local Government Housing Trust
570 Fund, respectively, to incorporate the amendment made
571 to s. 420.9073, F.S., in references thereto; amending
572 s. 553.79, F.S.; prohibiting a local enforcement
573 agency from denying the issuance of a certificate of
574 occupancy to an owner of residential or commercial
575 property based on noncompliance with Florida-friendly

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576 landscaping ordinances in certain circumstances;
577 prohibiting a local enforcement agency from denying
578 the issuance of a building permit for the alteration,
579 modification, or repair of a single-family residential
580 structure in certain circumstances; prohibiting a
581 local enforcement agency from requiring a building
582 permit for the construction of playground equipment or
583 a fence on certain property; amending s. 475.17, F.S.;
584 removing postlicensure education requirements for
585 brokers, broker associates, and sales associates;
586 amending ss. 475.175 and 475.180, F.S.; conforming
587 provisions to changes made by the act; amending s.
588 475.182, F.S.; removing continuing education
589 requirements for licensure renewal as a broker, a
590 broker associate, and a sales associate; amending s.
591 475.183, F.S.; removing continuing education
592 requirements for licensure renewal due to inactive
593 status; amending s. 481.321, F.S.; revising provisions
594 relating to seals and display of certificate number of
595 registered landscape architects; amending s. 624.341,
596 F.S.; providing legislative findings and intent;
597 requiring the Department of Law Enforcement to accept
598 certain fingerprints; specifying procedures for
599 fingerprinting; authorizing the department to exchange
600 certain records with the Office of Insurance

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601 Regulation; specifying that fingerprints must be
602 submitted in accordance with certain rules;
603 authorizing that the fingerprints be submitted through
604 a third-party vendor authorized by the department;
605 requiring the department to conduct certain background
606 checks; requiring that certain fingerprints be
607 submitted and entered into a specified system;
608 requiring the office to inform the department of any
609 person whose fingerprints no longer must be retained;
610 specifying who bears the costs of fingerprint
611 processing; specifying that certain criminal records
612 must be used by the office for certain purposes;
613 amending s. 475.613, F.S.; granting certain authority
614 to the department, rather than the Florida Real Estate
615 Appraisal Board; amending ss. 475.25, 475.611,
616 475.612, 475.614, 475.6145, 475.6147, 475.615,
617 475.617, 475.6171, 475.618, 475.619, 475.621,
618 475.6222, 475.6235, 475.624, 475.6245, 475.625,
619 475.626, 475.627, 475.628, 475.629, 475.630, and
620 475.631, F.S.; revising provisions pertaining to the
621 board to transfer powers, duties, and responsibilities
622 of the board to the Department of Business and
623 Professional Regulation; providing effective dates.
624
625 Be It Enacted by the Legislature of the State of Florida:

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626
627 Section 1. Section 163.3755, Florida Statutes, is amended
628 to read:
629 163.3755 Termination of community redevelopment agencies;
630 prohibition on future creation and expansion.—
631 (1) A community redevelopment agency in existence on July
632 1, 2025 October 1, 2019, shall terminate on the expiration date
633 provided in the agency's charter on July 1, 2025 October 1,
634 2019, or on September 30, 2045 September 30, 2039, whichever is
635 earlier, unless the governing body of the county or municipality
636 that created the community redevelopment agency approves its
637 continued existence by a majority vote of the members of the
638 governing body.
639 (2) A community redevelopment agency may not initiate any
640 new projects or issue any new debt on or after October 1, 2025,
641 unless:
642 (a) The new project initiated is completed by the agency's
643 termination date.
644 (b) Any new debt issued to finance a new project matures
645 on or before the agency's termination date.
646
647 For purposes of this subsection, the term "new project" means
648 any project for which there is no appropriation in the community
649 redevelopment agency's budget for the fiscal year ending on
650 September 30, 2025, or for which the community redevelopment

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651 agency has not retained appropriated funds pursuant to s.
652 163.387(7)(d) for the fiscal year ending on September 30, 2025.
653 (3)(2)(a) Notwithstanding subsection (1) If the governing
654 body of the county or municipality that created the community
655 redevelopment agency does not approve its continued existence by
656 a majority vote of the governing body members, a community
657 redevelopment agency with outstanding bonds as of July 1, 2025
658 October 1, 2019, that do not mature until after the termination
659 date of the agency or September 30, 2045 September 30, 2039,
660 whichever is earlier, remains in existence until the date the
661 bonds mature.
662 (b) A community redevelopment agency operating under this
663 subsection on or after September 30, 2045 September 30, 2039,
664 may not extend the maturity date of any outstanding bonds.
665 (c) The county or municipality that created the community
666 redevelopment agency must issue an amended community
667 redevelopment plan a new finding of necessity limited to timely
668 meeting the remaining bond obligations of the community
669 redevelopment agency.
670 (4) Subsections (1), (2), and (3) do not apply to a
671 community redevelopment agency created by a county if the county
672 that created such agency is the only taxing authority that
673 contributes to the community redevelopment agency's
674 redevelopment trust fund pursuant to s. 163.387 and the county
675 charter establishes a limitation on the amount of revenue the

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676 county may collect. However, such community redevelopment agency
677 may not issue any new bond debt on or after October 1, 2025.
678 (5)(a) A community redevelopment agency may not be created
679 on or after July 1, 2025.
680 (b) A community redevelopment agency, or the governing
681 body of the county or municipality that created the community
682 redevelopment agency, may not expand the boundaries of its
683 community redevelopment area on or after July 1, 2025.
684 (c) A community redevelopment agency in existence before
685 July 1, 2025, may continue to operate within its community
686 redevelopment area as provided in this part.
687 Section 2. Section 20.165, Florida Statutes, is amended to
688 read:
689 20.165 Department of Business and Professional
690 Regulation.—There is created a Department of Business and
691 Professional Regulation.
692 (1) The head of the Department of Business and
693 Professional Regulation is the Secretary of Business and
694 Professional Regulation. The secretary shall be appointed by the
695 Governor, subject to confirmation by the Senate. The secretary
696 shall serve at the pleasure of the Governor.
697 (2) The following divisions of the Department of Business
698 and Professional Regulation are established:
699 (a) Division of Administration.
700 (b) Division of Alcoholic Beverages and Tobacco.

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701 (c) Division of Certified Public Accounting.
702 1. The director of the division shall be appointed by the
703 secretary of the department, subject to approval by a majority
704 of the Board of Accountancy.
705 2. The offices of the division shall be located in
706 Tallahassee Gainesville.
707 (d) Division of Drugs, Devices, and Cosmetics.
708 (e) Division of Florida Condominiums, Timeshares, and
709 Mobile Homes.
710 (f) Division of Hotels and Restaurants.
711 (g) Division of Professions.
712 (h) Division of Real Estate.
713 1. The director of the division shall be appointed by the
714 secretary of the department, subject to approval by a majority
715 of the Florida Real Estate Commission.
716 2. The offices of the division shall be located in
717 Tallahassee Orlando.
718 (i) Division of Regulation.
719 (j) Division of Technology.
720 (k) Division of Service Operations.
721 (3) The secretary shall appoint a director for each
722 division established within this section. Each division director
723 shall directly administer the division and shall be responsible
724 to the secretary. The secretary may appoint deputy and assistant
725 secretaries as necessary to aid the secretary in fulfilling the

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726 secretary's statutory obligations.
727 (4)(a) The following boards and programs are established
728 within the Division of Professions:
729 (a)1. Board of Architecture and Interior Design licensing
730 program, created under parts part I and II of chapter 481.
731 (b)2. Florida Board of Auctioneers licensing program,
732 created under part VI of chapter 468.
733 (c)3. Barbers' licensing program Board, created under
734 chapter 476.
735 (d)4. Florida Building Code Administrators and Inspectors
736 licensing program Board, created under part XII of chapter 468.
737 (e)5. Construction Industry licensing program Board,
738 created under part I of chapter 489.
739 (f)6. Board of Cosmetology licensing program, created
740 under chapter 477.
741 (g)7. Electrical Contractors' licensing program Board,
742 created under part II of chapter 489.
743 (h)8. Board of Employee Leasing Companies licensing
744 program, created under part XI of chapter 468.
745 (i)9. Board of Landscape Architecture licensing program,
746 created under part II of chapter 481.
747 (j)10. Board of Pilot Commissioners licensing program,
748 created under chapter 310.
749 (k)11. Board of Professional Engineers licensing program,
750 created under chapter 471.

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751 (l)12. Board of Professional Geologists licensing program,
752 created under chapter 492.
753 (m)13. Board of Veterinary Medicine licensing program,
754 created under chapter 474.
755 (n)14. Home inspection services licensing program, created
756 under part XV of chapter 468.
757 (o)15. Mold-related services licensing program, created
758 under part XVI of chapter 468.
759 (p) Talent agency licensing program, created under part
760 VII of chapter 468.
761 (q) The Florida Building Commission, created under chapter
762 553.
763 (r) The Community Association Managers Licensing Program,
764 created under part VIII of chapter 468.
765 (s) Yacht and ship brokers licensing program, created
766 under chapter 326.
767 (b) The following board and commission are established
768 within the Division of Real Estate:
769 1. Florida Real Estate Appraisal Board, created under part
770 II of chapter 475.
771 2. Florida Real Estate Commission, created under part I of
772 chapter 475.
773 (c) The following board is established within the Division
774 of Certified Public Accounting: Board of Accountancy, created
775 under chapter 473.

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776 (5) The members of each board established pursuant to
777 subsection (4) shall be appointed by the Governor, subject to
778 confirmation by the Senate. Consumer members on the board shall
779 be appointed pursuant to subsection (6). Members shall be
780 appointed for 4-year terms, and such terms shall expire on
781 October 31. However, a term of less than 4 years may be utilized
782 to ensure that:
783 (a) No more than two members' terms expire during the same
784 calendar year for boards consisting of seven or eight members.
785 (b) No more than 3 members' terms expire during the same
786 calendar year for boards consisting of 9 to 12 members.
787 (c) No more than 5 members' terms expire during the same
788 calendar year for boards consisting of 13 or more members.
789
790 A member whose term has expired shall continue to serve on the
791 board until such time as a replacement is appointed. A vacancy
792 on the board shall be filled for the unexpired portion of the
793 term in the same manner as the original appointment. No member
794 may serve for more than the remaining portion of a previous
795 member's unexpired term, plus two consecutive 4-year terms of
796 the member's own appointment thereafter.
797 (6) Each board with five or more members shall have at
798 least two consumer members who are not, and have never been,
799 members or practitioners of the profession regulated by such
800 board or of any closely related profession. Each board with

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801 fewer than five members shall have at least one consumer member
802 who is not, and has never been, a member or practitioner of the
803 profession regulated by such board or of any closely related
804 profession.
805 (7) No board, with the exception of joint
806 coordinatorships, shall be transferred from its present location
807 unless authorized by the Legislature in the General
808 Appropriations Act.
809 (5)(8) Notwithstanding any other provision of law, the
810 department shall is authorized to establish uniform application
811 forms and certificates of licensure for use by the divisions
812 within the department. However, Nothing in this subsection does
813 not authorize authorizes the department to vary any substantive
814 requirements, duties, or eligibilities for licensure or
815 certification as provided by law.
816 (6)(9)
817 (a) All employees authorized by the Division of Alcoholic
818 Beverages and Tobacco shall have access to, and shall have the
819 right to inspect, premises licensed by the division, to collect
820 taxes and remit them to the officers entitled to them, and to
821 examine the books and records of all licensees. The authorized
822 employees shall require of each licensee strict compliance with
823 the laws of this state relating to the transaction of such
824 business.
825 (b) Each employee serving as a law enforcement officer for

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826 the division must meet the qualifications for employment or
827 appointment as a law enforcement officer set forth under s.
828 943.13 and must be certified as a law enforcement officer by the
829 Department of Law Enforcement under chapter 943. Upon
830 certification, each law enforcement officer is subject to and
831 has the same authority as provided for law enforcement officers
832 generally in chapter 901 and has statewide jurisdiction. Each
833 officer also has arrest authority as provided for state law
834 enforcement officers in s. 901.15. Each officer possesses the
835 full law enforcement powers granted to other peace officers of
836 this state, including the authority to make arrests, carry
837 firearms, serve court process, and seize contraband and the
838 proceeds of illegal activities.
839 1. The primary responsibility of each officer appointed
840 under this section is to investigate, enforce, and prosecute,
841 throughout this the state, violations and violators of parts I
842 and II of chapter 210; chapter 310; chapter 326; parts I and III
843 of chapter 450; chapter 455; parts VI-IX, XI, XII, XV, and XVI
844 of chapter 468; chapter 469; chapter 471; chapters 473-477;
845 chapter 481; parts I and II of chapter 489; chapter 499; chapter
846 509; chapter 548; chapter 553;, part VII of chapter 559;, and
847 chapters 561-569; chapters 718-719; chapter 721; and chapter
848 723;, and the rules adopted thereunder, as well as other state
849 laws that the division, all state law enforcement officers, or
850 beverage enforcement agents are specifically authorized to

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851 enforce.
852 2. The secondary responsibility of each officer appointed
853 under this section is to enforce all other state laws, provided
854 that the enforcement is incidental to exercising the officer's
855 primary responsibility as provided in subparagraph 1., and the
856 officer exercises the powers of a deputy sheriff, only after
857 consultation or coordination with the appropriate local
858 sheriff's office or municipal police department or when the
859 division participates in the Florida Mutual Aid Plan during a
860 declared state emergency.
861 (7) The Department of Business and Professional Regulation
862 shall provide, via email, to each person licensed by the
863 department, as promptly after the adjournment of the legislative
864 session as possible, a summary of changes to existing law
865 relating to each business and profession, and the effective date
866 of each change.
867 Section 3. Sections 310.011, 310.032, 310.042, 455.2124,
868 455.2228, 468.384, 468.399, 468.4315, 468.4337, 468.4338,
869 468.521, 468.522, 468.523, 468.605, 468.8316, 468.8416, 471.007,
870 471.008, 471.009, 471.019, 471.0195, 471.038, 472.007, 472.008,
871 472.009, 472.018, 472.019, 473.303, 473.312, 474.204, 474.206,
872 475.02, 475.03, 475.04, 475.045, 475.05, 475.10, 476.054,
873 476.064, 477.015, 481.205, 481.2055, 481.305, 482.243, 489.107,
874 489.507, 492.103, 493.6116, 499.01211, 559.9221, and 570.81,
875 Florida Statutes, are repealed.

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876 Section 4. (1) The Department of Business and
877 Professional Regulation created under s. 20.165, Florida
878 Statutes, shall conduct a study to evaluate and make
879 recommendations regarding:
880 (a) The department's recommendations for creating a
881 uniform process for permit inspections, including a uniform
882 process for virtual inspections. The department's
883 recommendations shall include how building officials can most
884 efficiently perform the most common building inspections and how
885 to reduce the number of inspections performed by such officials.
886 (b) The creation of a uniform permitting process in this
887 state for common building permits issued pursuant to chapter
888 553, Florida Statutes.
889 (2) The department, created under s. 20.165, Florida
890 Statutes, and the Department of Agriculture and Consumer
891 Services, created under s. 20.14, Florida Statutes, shall
892 conduct a study to evaluate and make recommendations regarding
893 the inclusion of a pathway to licensure for all professions,
894 regulated and licensed by the respective departments, that
895 includes work experience only or work experience plus an
896 examination and submit a report to the Legislature on or before
897 January 1, 2026.
898 Section 5. Paragraph (uuu) of subsection (7) of section
899 212.08, Florida Statutes, is amended to read:
900 212.08 Sales, rental, use, consumption, distribution, and

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901 storage tax; specified exemptions.—The sale at retail, the
902 rental, the use, the consumption, the distribution, and the
903 storage to be used or consumed in this state of the following
904 are hereby specifically exempt from the tax imposed by this
905 chapter.
906 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
907 entity by this chapter do not inure to any transaction that is
908 otherwise taxable under this chapter when payment is made by a
909 representative or employee of the entity by any means,
910 including, but not limited to, cash, check, or credit card, even
911 when that representative or employee is subsequently reimbursed
912 by the entity. In addition, exemptions provided to any entity by
913 this subsection do not inure to any transaction that is
914 otherwise taxable under this chapter unless the entity has
915 obtained a sales tax exemption certificate from the department
916 or the entity obtains or provides other documentation as
917 required by the department. Eligible purchases or leases made
918 with such a certificate must be in strict compliance with this
919 subsection and departmental rules, and any person who makes an
920 exempt purchase with a certificate that is not in strict
921 compliance with this subsection and the rules is liable for and
922 shall pay the tax. The department may adopt rules to administer
923 this subsection.
924 (uuu) Small private investigative agencies.—
925 1. As used in this paragraph, the term:

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926 a. "Private investigation services" has the same meaning
927 as "private investigation," as defined in s. 493.6101(14) s.
928 493.6101(17).
929 b. "Small private investigative agency" means a private
930 investigator licensed under s. 493.6201 which:
931 (I) Employs three or fewer full-time or part-time
932 employees, including those performing services pursuant to an
933 employee leasing arrangement as defined in s. 468.520 s.
934 468.520(4), in total; and
935 (II) During the previous calendar year, performed private
936 investigation services otherwise taxable under this chapter in
937 which the charges for the services performed were less than
938 $150,000 for all its businesses related through common
939 ownership.
940 2. The sale of private investigation services by a small
941 private investigative agency to a client is exempt from the tax
942 imposed by this chapter.
943 3. The exemption provided by this paragraph may not apply
944 in the first calendar year a small private investigative agency
945 conducts sales of private investigation services taxable under
946 this chapter.
947 Section 6. Paragraph (f) of subsection (1) of section
948 215.5586, Florida Statutes, is amended to read:
949 215.5586 My Safe Florida Home Program.—There is
950 established within the Department of Financial Services the My

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951 Safe Florida Home Program. The department shall provide fiscal
952 accountability, contract management, and strategic leadership
953 for the program, consistent with this section. This section does
954 not create an entitlement for property owners or obligate the
955 state in any way to fund the inspection or retrofitting of
956 residential property in this state. Implementation of this
957 program is subject to annual legislative appropriations. It is
958 the intent of the Legislature that, subject to the availability
959 of funds, the My Safe Florida Home Program provide licensed
960 inspectors to perform hurricane mitigation inspections of
961 eligible homes and grants to fund hurricane mitigation projects
962 on those homes. The department shall implement the program in
963 such a manner that the total amount of funding requested by
964 accepted applications, whether for inspections, grants, or other
965 services or assistance, does not exceed the total amount of
966 available funds. If, after applications are processed and
967 approved, funds remain available, the department may accept
968 applications up to the available amount. The program shall
969 develop and implement a comprehensive and coordinated approach
970 for hurricane damage mitigation pursuant to the requirements
971 provided in this section.
972 (1) HURRICANE MITIGATION INSPECTIONS.—
973 (f) To qualify for selection by the department as a wind
974 certification entity to provide hurricane mitigation
975 inspections, the entity must, at a minimum, meet the following

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976 requirements:
977 1. Use hurricane mitigation inspectors who are licensed or
978 certified as:
979 a. A building inspector under s. 468.607;
980 b. A general, building, or residential contractor under s.
981 489.111;
982 c. A professional engineer under s. 471.015;
983 d. A professional architect under s. 481.213; or
984 e. A home inspector under s. 468.8314 and who have
985 completed at least 3 hours of hurricane mitigation training
986 approved by the department Construction Industry Licensing
987 Board, which training must include hurricane mitigation
988 techniques, compliance with the uniform mitigation verification
989 form, and completion of a proficiency exam.
990 2. Use hurricane mitigation inspectors who also have
991 undergone drug testing and a background screening. The
992 department may conduct criminal record checks of inspectors used
993 by wind certification entities. Inspectors must submit a set of
994 fingerprints to the department for state and national criminal
995 history checks and must pay the fingerprint processing fee set
996 forth in s. 624.501. The fingerprints must be sent by the
997 department to the Department of Law Enforcement and forwarded to
998 the Federal Bureau of Investigation for processing. The results
999 must be returned to the department for screening. The
1000 fingerprints must be taken by a law enforcement agency,

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1001 designated examination center, or other department-approved
1002 entity.
1003 3. Provide a quality assurance program including a
1004 reinspection component.
1005 Section 7. Paragraph (b) of subsection (3) of section
1006 215.55871, Florida Statutes, is amended to read:
1007 215.55871 My Safe Florida Condominium Pilot Program.—There
1008 is established within the Department of Financial Services the
1009 My Safe Florida Condominium Pilot Program to be implemented
1010 pursuant to appropriations. The department shall provide fiscal
1011 accountability, contract management, and strategic leadership
1012 for the pilot program, consistent with this section. This
1013 section does not create an entitlement for associations or unit
1014 owners or obligate the state in any way to fund the inspection
1015 or retrofitting of condominiums in the state. Implementation of
1016 this pilot program is subject to annual legislative
1017 appropriations. It is the intent of the Legislature that the My
1018 Safe Florida Condominium Pilot Program provide licensed
1019 inspectors to perform inspections for and grants to eligible
1020 associations as funding allows.
1021 (3) HURRICANE MITIGATION INSPECTORS.—
1022 (b) The department shall contract with wind certification
1023 entities to provide hurricane mitigation inspections. To qualify
1024 for selection by the department as a wind certification entity
1025 to provide hurricane mitigation inspections, the entity must, at

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1026 a minimum, meet all of the following requirements:
1027 1. Use hurricane mitigation inspectors who are licensed or
1028 certified as:
1029 a. A building inspector under s. 468.607;
1030 b. A general, building, or residential contractor under s.
1031 489.111;
1032 c. A professional engineer under s. 471.015;
1033 d. A professional architect under s. 481.213; or
1034 e. A home inspector under s. 468.8314 who has completed at
1035 least 3 hours of hurricane mitigation training approved by the
1036 department Construction Industry Licensing Board, which must
1037 include hurricane mitigation techniques, compliance with the
1038 uniform mitigation verification form, and completion of a
1039 proficiency exam.
1040 2. Use hurricane mitigation inspectors who have undergone
1041 drug testing and a background screening. The department may
1042 conduct criminal record checks of inspectors used by wind
1043 certification entities. Inspectors must submit a full set of
1044 fingerprints to the department or to a vendor, an entity, or an
1045 agency authorized under s. 943.053(13). The department, vendor,
1046 entity, or agency shall forward the fingerprints to the
1047 Department of Law Enforcement for state processing, and the
1048 Department of Law Enforcement shall forward the fingerprints to
1049 the Federal Bureau of Investigation for national processing.
1050 Fees for state and federal fingerprint processing shall be borne

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1051 by the inspector. The state cost for fingerprint processing
1052 shall be as provided in s. 943.053(3)(e). The results must be
1053 returned to the department for screening. The fingerprints must
1054 be taken by a law enforcement agency, designated examination
1055 center, or other department-approved entity.
1056 3. Provide a quality assurance program including a
1057 reinspection component.
1058 Section 8. Subsection (1) of section 309.01, Florida
1059 Statutes, is amended to read:
1060 309.01 Deposit of material in tidewater regulated.—
1061 (1) It is not lawful for any person to discharge or cause
1062 to be discharged or deposit or cause to be deposited, in the
1063 tide or salt waters of any bay, port, harbor, or river of this
1064 state, any ballast or material of any kind other than clear
1065 stone or rock, free from gravel or pebbles, which said clear
1066 stone or rock shall be deposited or discharged only in the
1067 construction of enclosures in connection with wharves, piers,
1068 quays, jetties, or in the construction of permanent bulkheads
1069 connecting the solid and permanent portion of wharves. It is
1070 lawful to construct three characters of bulkheads for retention
1071 of material in solid wharves. First, clear stone or rock
1072 enclosures, or bulkheads, may be built upon all sides to a
1073 height not less than 2 1/2 feet above high watermark; and after
1074 the enclosures have been made so solid, tight, and permanent as
1075 to prevent any sand, mud, gravel, or other material that may be

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1076 discharged or deposited in them from drifting or escaping
1077 through such enclosures, any kind of ballast may be discharged
1078 or deposited within the enclosures. The enclosures may be
1079 constructed of wood, stone, and rock combined, the stone and
1080 rocks to be placed on the outside of the wood to a height not
1081 less at any point than 2 1/2 feet above high watermark. Second,
1082 a bulkhead may be built by a permanent wharf consisting of
1083 thoroughly creosoted piles not less than 12 inches in diameter
1084 at the butt end, to be driven close together and to be capped
1085 with timber not less than 10 or 14 inches drift, bolted to each
1086 pile, and one or more longitudinal stringers to be placed on the
1087 outside of the bulkhead and securely anchored by means of iron
1088 rods to piles driven within the bulkheads, clear rock to be on
1089 the inside of the bulkhead, to a height of not less than 2 1/2
1090 feet above high water; and after this is done, ballast or other
1091 material may be deposited within the permanent enclosure so
1092 constructed. Third, a bulkhead may be constructed to consist of
1093 creosoted piles, as described herein, driven not exceeding 4
1094 feet apart from center to center, inside of which two or more
1095 longitudinal stringers may be placed and securely bolted to the
1096 piles. Inside of these longitudinal pieces, two thicknesses of
1097 creosoted sheet piling are to be driven, each course of the
1098 sheet piling to make a joint with the other so as to form an
1099 impenetrable wharf; and within this permanent bulkhead so
1100 constructed, any ballast or other material may be deposited. No

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1101 such enclosure, pier, quay, or jetty may not begin shall be
1102 begun until the point at which whereat it is to be built shall
1103 have been connected by a substantial wharf with a shore or with
1104 a permanent wharf; except that the owners of wharves may at any
1105 time, with the consent of the Board of Pilot Commissioners of
1106 the Division of Professions of the Department of Business and
1107 Professional Regulation, build wharves of clear stone or rock,
1108 or creosoted walls as hereinafter provided, on each side of
1109 their wharves from the shore to a point at which the water is
1110 not more than 15 feet deep, and when such walls have attained a
1111 height of 2 1/2 feet above high watermark and have been securely
1112 closed at the deepwater end by stone or creosoted walls of the
1113 same height, any kind of ballast may be deposited in them.
1114 Nothing contained in this section shall interfere with any
1115 rights or privileges now enjoyed by riparian owners. While this
1116 section empowers those who desire to construct the several
1117 characters of wharves, piers, quays, jetties, and bulkheads
1118 provided for and described herein, nothing in this section shall
1119 be so construed as to require any person not desiring to
1120 construct a permanent wharf by filling up with ballast, stone,
1121 or other material to construct under the specifications
1122 contained herein; and nothing in this chapter shall be so
1123 construed as to prevent any person from constructing any wharf
1124 or placing any pilings, logs, or lumber in any waters where the
1125 person would have heretofore had the right so to do.

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1126 Section 9. Subsection (3) of section 310.0015, Florida
1127 Statutes, is amended to read:
1128 310.0015 Piloting regulation; general provisions.—
1129 (3) The rate-setting process, the issuance of licenses
1130 only in numbers deemed necessary or prudent by the department
1131 board, and other aspects of the economic regulation of piloting
1132 established in this chapter are intended to protect the public
1133 from the adverse effects of unrestricted competition which would
1134 result from an unlimited number of licensed pilots being allowed
1135 to market their services on the basis of lower prices rather
1136 than safety concerns. This system of regulation benefits and
1137 protects the public interest by maximizing safety, avoiding
1138 uneconomic duplication of capital expenses and facilities, and
1139 enhancing state regulatory oversight. The system seeks to
1140 provide pilots with reasonable revenues, taking into
1141 consideration the normal uncertainties of vessel traffic and
1142 port usage, sufficient to maintain reliable, stable piloting
1143 operations. Pilots have certain restrictions and obligations
1144 under this system, including, but not limited to, the following:
1145 (a) Pilots may not refuse to provide piloting services to
1146 any person or entity that may lawfully request such services,
1147 except for justifiable concerns relating to safety, or, in the
1148 case of a vessel planning a departure, for nonpayment of
1149 pilotage.
1150 (b) Pilots may not unilaterally determine the pilotage

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1151 rates they charge. Such pilotage rates shall instead be
1152 determined by the Pilotage Rate Review Committee, in the public
1153 interest, as set forth in s. 310.151.
1154 (c) Pilots shall maintain or secure adequate pilot boats,
1155 office facilities and equipment, dispatch systems, communication
1156 equipment and other facilities, and equipment and support
1157 services necessary for a modern, dependable piloting operation.
1158 (d) The pilot or pilots in a port shall train and
1159 compensate all member deputy pilots in that port. Failure to
1160 train or compensate such deputy pilots constitutes a ground for
1161 disciplinary action under s. 310.101. Nothing in this subsection
1162 may be deemed to create an agency or employment relationship
1163 between a pilot or deputy pilot and the pilot or pilots in a
1164 port.
1165 (e) In any instance of a payment or transfer of funds, a
1166 request for the payment or transfer of funds, or a contractual
1167 obligation assumed in respect to the payment or transfer of
1168 funds from a licensee payor to a pilot or group of pilots, or to
1169 any legal entity or fund administered or controlled by or under
1170 common control with such pilot or group of pilots, the pilot or
1171 group of pilots shall provide to the licensee payor, at the time
1172 the payment or transfer or request for the payment or transfer
1173 is made or the obligation is assumed in respect to the payment
1174 or transfer, a detailed accounting of the specific assets,
1175 tangible or intangible, in which an interest is being directly

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1176 or indirectly purchased or for which the licensee payor is being
1177 granted an interest in return for such payment or transfer of
1178 funds or such contractual obligation. This paragraph does not
1179 apply to either payments or transfers of funds if their
1180 aggregate amounts are less than $1,000. As used in this
1181 paragraph, "licensee payor" means any current or prospective
1182 state pilot or deputy pilot.
1183 Section 10. Subsection (3) of section 310.002, Florida
1184 Statutes, is amended to read:
1185 310.002 Definitions.—As used in this chapter, except where
1186 the context clearly indicates otherwise:
1187 (3) "Board" means the Board of Pilot Commissioners.
1188 Section 11. Section 310.051, Florida Statutes, is amended
1189 to read:
1190 310.051 Personnel; employment.—
1191 (1) The department may appoint or employ such personnel as
1192 may be necessary to assist the department and the department
1193 board in doing and performing any and all of the powers, duties,
1194 and obligations set forth in this chapter. Such personnel need
1195 not be licensed state pilots or members of the department board.
1196 Such personnel shall be authorized to do and perform such duties
1197 and work as may be assigned by the department. Except as
1198 otherwise provided in this chapter, the department shall provide
1199 all legal services necessary in carrying out the provisions of
1200 this chapter.

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1201 (2) The department shall hire a person knowledgeable and
1202 experienced in matters related to piloting. Such person shall
1203 act for the department on matters of examination and
1204 investigation and, when he or she deems it necessary, in the
1205 selection of legal counsel qualified in admiralty law. On an
1206 annual basis, the board shall recommend to the department a
1207 person knowledgeable and experienced in matters related to
1208 piloting to fill this post, and the department may accept or
1209 reject the recommendation. If the department rejects the board's
1210 recommendation, the board shall continue to submit
1211 recommendations until one is accepted by the department. Unless
1212 there is affirmative action by both the board and the
1213 department, at the end of each year, the position shall be
1214 declared vacant and the board shall submit a new recommendation
1215 for a person to fill such position.
1216 Section 12. Section 310.061, Florida Statutes, is amended
1217 to read:
1218 310.061 State pilots; number; cross licensing.—The
1219 department board shall determine the number of pilots based on
1220 the supply and demand for piloting services and the public
1221 interest in maintaining efficient and safe piloting services.
1222 Based on the economic conditions of the port, the department
1223 board may adopt rules authorizing cross licensing between ports,
1224 if this will best serve the public interest.
1225 Section 13. Paragraphs (b), (c), and (d) of subsection (1)

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1226 and subsections (2) and (3) of section 310.071, Florida
1227 Statutes, are amended to read:
1228 310.071 Deputy pilot certification.—
1229 (1) In addition to meeting other requirements specified in
1230 this chapter, each applicant for certification as a deputy pilot
1231 must:
1232 (b) Have successfully completed 12 years of formal
1233 education, as evidenced by a high school diploma or by
1234 equivalent evidence thereof that is satisfactory to the
1235 department board.
1236 (c) Be in good physical and mental health, as evidenced by
1237 documentary proof of having satisfactorily passed a complete
1238 physical examination administered by a licensed physician within
1239 the preceding 6 months. The department board shall adopt rules
1240 to establish requirements for passing the physical examination,
1241 which rules shall establish minimum standards for the physical
1242 or mental capabilities necessary to carry out the professional
1243 duties of a certificated deputy pilot. Such standards shall
1244 include zero tolerance for any controlled substance regulated
1245 under chapter 893 unless that individual is under the care of a
1246 physician, an advanced practice registered nurse, or a physician
1247 assistant and that controlled substance was prescribed by that
1248 physician, advanced practice registered nurse, or physician
1249 assistant. To maintain eligibility as a certificated deputy
1250 pilot, each certificated deputy pilot must annually provide

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1251 documentary proof of having satisfactorily passed a complete
1252 physical examination administered by a licensed physician. The
1253 physician must know the minimum standards and certify that the
1254 certificateholder satisfactorily meets the standards. The
1255 standards for certificateholders shall include a drug test.
1256 (d) Have had maritime experience satisfactory to the
1257 department board prior to taking the examination required under
1258 s. 310.081(2), as evidenced by documentation of the following
1259 service while holding a United States Coast Guard license:
1260 1. At least 2 years of service at sea during the 5-year
1261 period immediately preceding the examination, 1 year of which
1262 must have been in at least the capacity of an unlimited second
1263 mate;
1264 2. At least 2 years of service during the 5-year period
1265 immediately preceding the examination in a deepwater United
1266 States port as an active first-class unlimited pilot serving on
1267 at least an unlimited second mate's license or a license as
1268 master of freight and towing vessel of at least 1,600 gross
1269 registered tons upon oceans, and acting under authority of a
1270 duly constituted governmental regulatory entity;
1271 3. At least 2 years of service during the 5-year period
1272 immediately preceding the examination as an active first-class
1273 unlimited pilot serving on a Great Lakes unlimited master's
1274 license;
1275 4. At least 2 years of towing experience during the 5-year

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1276 period immediately preceding the examination, 1 year of which
1277 must have been in the capacity of master of a tugboat/barge
1278 combination of at least 5,000 gross registered tons, combined
1279 tonnage, while holding a license as master of freight and towing
1280 vessel of at least 1,600 gross registered tons upon oceans; or
1281 5. At least 3 years of experience as a deck watch officer
1282 during the 10-year period immediately preceding the examination,
1283 1 year of which in the 5-year period immediately preceding the
1284 exam must have been as the commanding officer, executive
1285 officer, or operations officer of a United States Navy vessel or
1286 a United States Coast Guard vessel of at least 1,600 gross tons,
1287 and must currently hold a United States Coast Guard license of
1288 at least an unlimited second mate.
1289 (2) The department board may adopt rules authorizing
1290 equivalent combinations of service from two or more of the areas
1291 specified in subparagraphs (1)(d)1., 2., 3., 4., and 5. However,
1292 the department board may waive the maritime experience
1293 requirements prescribed in paragraph (1)(d) when necessary to
1294 fill an opening, provided an applicant meeting such requirements
1295 has not applied for the opening and the opening has been
1296 advertised more than once.
1297 (3) The initial certificate issued to a deputy pilot shall
1298 be valid for a period of 12 months, and at the end of this
1299 period, the certificate shall automatically expire and may shall
1300 not be renewed. During this period, the department board shall

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1301 thoroughly evaluate the deputy pilot's performance for
1302 suitability to continue training and shall make appropriate
1303 recommendations to the department. Upon the finding receipt of a
1304 favorable evaluation recommendation by the board, the department
1305 shall issue a certificate to the deputy pilot, which shall be
1306 valid for a period of 2 years. The certificate may be renewed
1307 only two times, except in the case of a fully licensed pilot who
1308 is cross-licensed as a deputy pilot in another port, and
1309 provided the deputy pilot meets the requirements specified for
1310 pilots in paragraph (1)(c).
1311 Section 14. Section 310.073, Florida Statutes, is amended
1312 to read:
1313 310.073 State pilot licensing.—In addition to meeting
1314 other requirements specified in this chapter, each applicant for
1315 license as a state pilot must:
1316 (1) Be at least 21 years of age, as evidenced by a copy of
1317 a birth certificate or other legal proof of age.
1318 (2) Have successfully completed 12 years of formal
1319 education, as evidenced by a high school diploma or by
1320 equivalent evidence thereof that is satisfactory to the
1321 department board.
1322 (3) Be in good physical and mental health, as evidenced by
1323 documentary proof of having satisfactorily passed a complete
1324 physical examination administered by a licensed physician within
1325 the preceding 6 months. The department board shall adopt rules

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1326 to establish requirements for passing the physical examination,
1327 which rules shall establish minimum standards for the physical
1328 or mental capabilities necessary to carry out the professional
1329 duties of a licensed state pilot. Such standards shall include
1330 zero tolerance for any controlled substance regulated under
1331 chapter 893 unless that individual is under the care of a
1332 physician, an advanced practice registered nurse, or a physician
1333 assistant and that controlled substance was prescribed by that
1334 physician, advanced practice registered nurse, or physician
1335 assistant. To maintain eligibility as a licensed state pilot,
1336 each licensed state pilot must annually provide documentary
1337 proof of having satisfactorily passed a complete physical
1338 examination administered by a licensed physician. The physician
1339 must know the minimum standards and certify that the licensee
1340 satisfactorily meets the standards. The standards for licensees
1341 shall include a drug test.
1342 (4) Have had at least 2 years of service as a deputy pilot
1343 in the port in which license as a licensed state pilot is
1344 desired, which service must have been attained during the period
1345 immediately preceding the examination required under s.
1346 310.081(1). Further, at the time of application, each applicant
1347 must have a valid United States Coast Guard first-class
1348 unlimited pilot's license covering all of the waters of the port
1349 in which license as a state pilot is desired and must have
1350 successfully completed the department-approved board-approved

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1351 deputy pilot training program in the port in which license as a
1352 state pilot is desired.
1353 Section 15. Section 310.075, Florida Statutes, is amended
1354 to read:
1355 310.075 Deputy pilot training program.—The licensed state
1356 pilots in each port shall submit to the department board for its
1357 approval a deputy pilot training program of not less than 2
1358 years' duration, applicable to all deputy pilots appointed to
1359 serve at such port. The following requirements constitute the
1360 parameters within which deputy pilot training programs are to be
1361 established and carried out by the licensed state pilots at all
1362 ports in this state:
1363 (1) Upon receiving his or her appointment, a deputy pilot
1364 must report to the licensed state pilots at the port he or she
1365 is appointed to serve and must serve a period of not less than
1366 90 days as an observer trainee. During such period:
1367 (a) The observer trainee must accompany licensed state
1368 pilots, becoming thoroughly familiar with all of the waters, the
1369 channels, the harbor, and the port under varied conditions.
1370 (b) The observer trainee must obtain a valid United States
1371 Coast Guard first-class unlimited pilot's license covering all
1372 of the waters of the port before the department board may
1373 authorize him or her to pilot vessels within the limits and
1374 specifications established by the licensed state pilots of the
1375 port.

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1376 (2) Upon completion of the observer-trainee period, the
1377 deputy pilot must submit to the department board a deputy pilot
1378 vessel handling form for each vessel upon which he or she has
1379 accompanied a licensed state pilot. Each such form must be
1380 signed by the pilot in charge who accompanied the deputy pilot
1381 and must accurately recite:
1382 (a) The vessel's registry, length, gross tonnage, and
1383 draft;
1384 (b) The name of the berth from which or to which the
1385 vessel was piloted;
1386 (c) The weather and sea conditions encountered;
1387 (d) The time of day;
1388 (e) Any marine incidents required to be reported under s.
1389 310.111; and
1390 (f) The comments of the pilot in charge, including
1391 whether, under his or her supervision, the pilot in charge
1392 turned the navigation of the vessel over to the deputy pilot.
1393 (3) Each request to increase the limits and specifications
1394 under which a deputy pilot is authorized to pilot must be
1395 submitted to the department board and must be accompanied by a
1396 deputy pilot vessel handling form as provided in subsection (2)
1397 for each vessel the deputy pilot has piloted since his or her
1398 limits and specifications were last increased by the department
1399 board.
1400 (4) For successful completion of the deputy pilot training

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1401 program, a deputy pilot must have gradually been increased in
1402 his or her authorized limits and specifications until the deputy
1403 pilot has been authorized by the department board to pilot
1404 vessels with a maximum draft of not more than 3 feet less than
1405 the normal maximum draft allowable in the port in which the
1406 deputy pilot is authorized to pilot, as proposed by the licensed
1407 state pilots in that port and approved by the department board.
1408 Section 16. Section 310.081, Florida Statutes, is amended
1409 to read:
1410 310.081 Department to examine and license state pilots and
1411 certificate deputy pilots; vacancies.—
1412 (1) The department shall examine persons who file
1413 application as state pilot in all matters pertaining to the
1414 management of vessels and in regard to their knowledge of the
1415 channels, waters, harbors, and port where they wish to serve,
1416 and, if upon examination to determine proficiency the department
1417 finds them qualified to pilot all classes of vessels liable to
1418 enter that port and thoroughly familiar with the waters, the
1419 channels, the harbor, and the port, the department shall appoint
1420 and license as state pilots such number of pilots as in the
1421 discretion of the department board are required to act in the
1422 ports of the state. However, the number of pilots appointed and
1423 licensed by the department may shall not exceed the number
1424 provided for in s. 310.061.
1425 (2) The department shall similarly examine persons who

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1426 file applications for certificate as deputy pilot, and, if upon
1427 examination to determine proficiency the department finds them
1428 qualified, the department must certify as qualified all
1429 applicants who pass the examination, provided that not more than
1430 five persons who passed the examination are certified for each
1431 declared opening. If more than five applicants per opening pass
1432 the examination, the persons having the highest scores must be
1433 certified as qualified up to the number of openings times five.
1434 The department shall appoint and certificate such number of
1435 deputy pilots from those applicants deemed qualified as in the
1436 discretion of the department board are required in the
1437 respective ports of the state. A deputy pilot shall be
1438 authorized by the department to pilot vessels within the limits
1439 and specifications established by the licensed state pilots at
1440 the port where the deputy is appointed to serve.
1441 (3) Pilots shall hold their licenses or certificates
1442 pursuant to the requirements of this chapter so long as they:
1443 (a) Possess the qualifications set out in this chapter.
1444 (b) Are in good physical and mental health as evidenced by
1445 documentary proof of having satisfactorily passed a physical
1446 examination administered by a licensed physician or physician
1447 assistant within each calendar year. The department board shall
1448 adopt rules to establish requirements for passing the physical
1449 examination, which rules shall establish minimum standards for
1450 the physical or mental capabilities necessary to carry out the

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1451 professional duties of a licensed state pilot or a certificated
1452 deputy pilot. Such standards shall include zero tolerance for
1453 any controlled substance regulated under chapter 893 unless that
1454 individual is under the care of a physician, an advanced
1455 practice registered nurse, or a physician assistant and that
1456 controlled substance was prescribed by that physician, advanced
1457 practice registered nurse, or physician assistant. To maintain
1458 eligibility as a certificated deputy pilot or licensed state
1459 pilot, each certificated deputy pilot or licensed state pilot
1460 must annually provide documentary proof of having satisfactorily
1461 passed a complete physical examination administered by a
1462 licensed physician. The physician must know the minimum
1463 standards and certify that the certificateholder or licensee
1464 satisfactorily meets the standards. The standards for
1465 certificateholders and for licensees shall include a drug test.
1466 (c) Are subject to a substance abuse program that has been
1467 approved by the department board, which includes provisions for
1468 drug testing.
1469 (d) Attend a board-approved seminar for continuing
1470 education which includes radar certification.
1471 (d)(e) Remain in active service in the ports for which
1472 they are appointed.
1473
1474 Upon resignation or in the case of disability permanently
1475 affecting a pilot's ability to serve, the state license or

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1476 certificate issued under this chapter shall be revoked by the
1477 department.
1478 Section 17. Paragraphs (d), (g), and (h) of subsection (1)
1479 and subsections (2), (3), and (4) of section 310.101, Florida
1480 Statutes, are amended to read:
1481 310.101 Grounds for disciplinary action by the department
1482 board.—
1483 (1) Any act of misconduct, inattention to duty,
1484 negligence, or incompetence; any willful violation of any law or
1485 rule, including the rules of the road, applicable to a licensed
1486 state pilot or certificated deputy pilot; or any failure to
1487 exercise that care which a reasonable and prudent licensed state
1488 pilot or certificated deputy pilot would exercise under the same
1489 or similar circumstances may result in disciplinary action.
1490 Examples of acts by a licensed state pilot or certificated
1491 deputy pilot which constitute grounds for disciplinary action
1492 include, but are not limited to:
1493 (d) Navigating in channels where the depth of water under
1494 the keel is less than the prescribed bottom clearance as
1495 recommended by the licensed state pilots of that port and
1496 approved by the department board.
1497 (g) Making or filing, or inducing another person to make
1498 or file, a report which the pilot knows to be false or
1499 intentionally or negligently failing to file, or willfully
1500 impeding or obstructing the filing of, a report or record

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1501 required by state law or by rule of the board or the department.
1502 Such reports or records include only those which are signed by
1503 the pilot in his or her capacity as a licensed state pilot or
1504 certificated deputy pilot.
1505 (h) Being unable to perform the duties of a pilot with
1506 reasonable skill and safety by reason of illness or use of
1507 alcohol, drugs, narcotics, chemicals, or any other type of
1508 material or as a result of any mental or physical condition such
1509 as, but not limited to, poor eyesight or hearing, heart disease,
1510 or diabetes. In enforcing this paragraph, the department shall
1511 have authority, upon recommendation of the probable cause panel
1512 of the department board, to compel a licensed state pilot or
1513 certificated deputy pilot to submit to a mental or physical
1514 examination by physicians designated by the department. The
1515 failure of a pilot to submit to such an examination when so
1516 directed constitutes an admission of the allegations against the
1517 pilot, unless the failure is due to circumstances beyond his or
1518 her control, consequent upon which an emergency suspension order
1519 may be entered by the department suspending the pilot's license
1520 until he or she complies with the order for a compulsory mental
1521 or physical examination. A licensed state pilot or certificated
1522 deputy pilot affected under this paragraph must be afforded, at
1523 reasonable intervals, an opportunity to demonstrate that he or
1524 she can resume the competent practice of piloting with
1525 reasonable skill and safety.

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1526 (2) When the department board finds any person has
1527 committed any act set forth in subsection (1), it may enter an
1528 order imposing one or more of the following penalties:
1529 (a) Refusing to certify to the department an application
1530 for license or certification.
1531 (b) Revoking or suspending the license or certificate.
1532 (c) Restricting the practice of the violator.
1533 (d) Imposing an administrative fine not to exceed $5,000
1534 for each count or separate offense.
1535 (e) Issuing a reprimand.
1536 (f) Placing the licensed state pilot or certificated
1537 deputy pilot on probation for such period of time and subject to
1538 such conditions as the department board may specify, including,
1539 but not limited to, requiring the pilot to submit to treatment,
1540 submit to additional or remedial training, submit to
1541 reexamination, or undergo a complete physical examination.
1542 (3) The department board shall not reinstate the license
1543 or certificate of a state pilot or deputy pilot or cause a
1544 license or certificate to be issued to a person whom it has
1545 determined to be unqualified until the department board is
1546 satisfied that such person has complied with all the terms and
1547 conditions set forth in the final order and that such person is
1548 capable of safely engaging in the practice of piloting.
1549 (4) In any foreign vessel or foreign trading vessel
1550 movement that an individual holding a state pilot license or

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1551 deputy pilot certificate is engaged in directing, whether
1552 movement of the vessel in or out of the port or movement in
1553 close proximity to a dock or any other movement undertaken in
1554 furtherance of his or her piloting duties, such individual is
1555 operating under the authority of his or her state license or
1556 certificate and is accountable to the department board for his
1557 or her actions.
1558 Section 18. Subsections (4) and (6) of section 310.102,
1559 Florida Statutes, are amended to read:
1560 310.102 Treatment programs for impaired pilots and deputy
1561 pilots.—
1562 (4) In any disciplinary action for a violation other than
1563 impairment, if a pilot or deputy pilot establishes that the
1564 violation for which the pilot or deputy pilot is being
1565 prosecuted was due to or connected with impairment and further
1566 establishes that the pilot or deputy pilot is satisfactorily
1567 progressing through or has successfully completed an approved
1568 treatment program pursuant to this section, such information may
1569 be considered by the department board as a mitigating factor in
1570 determining the appropriate penalty. This subsection does not
1571 limit mitigating factors the department board may consider.
1572 (6) A consultant, licensee, or approved treatment provider
1573 who makes a disclosure pursuant to this section is not subject
1574 to civil liability for such disclosure or its consequences. The
1575 provisions of s. 766.101 apply to any officer, employee, or

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1576 agent of the department or the department board and to any
1577 officer, employee, or agent of any entity with which the
1578 department has contracted pursuant to this section.
1579 Section 19. Section 310.111, Florida Statutes, is amended
1580 to read:
1581 310.111 Marine incident reports.—Each collision,
1582 grounding, stranding, or other marine peril sustained or caused
1583 by a vessel on which there was employed a licensed state pilot
1584 or certificated deputy pilot shall be reported to the office of
1585 the department board or the piloting consultant within 48 hours
1586 of the occurrence. In addition, a written report shall be
1587 submitted to the department on forms and in the manner
1588 prescribed by the department within 7 days of the occurrence.
1589 However, any marine incident involving oil spillage, pollution,
1590 physical injury, or death shall be reported to the department
1591 board or the piloting consultant by telephone or telegram within
1592 24 hours of the occurrence in addition to submission of the
1593 required written report.
1594 Section 20. Subsection (1) of section 310.1115, Florida
1595 Statutes, is amended to read:
1596 310.1115 Bridge electronic navigation protection
1597 equipment; duty of pilot.—
1598 (1) When a piloted vessel passes under a bridge located in
1599 a harbor, in the approaches to a harbor, or in a river, and when
1600 electronic navigation protection equipment is available, it is

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1601 the duty of the pilot or certificated deputy pilot on department
1602 board to use the electronic navigation protection equipment. If
1603 the electronic navigation protection equipment can be utilized
1604 only in conjunction with a portable device or devices located on
1605 department board the piloted vessel, it is the responsibility of
1606 the pilot to bring such device or devices on department board
1607 the piloted vessel and to remove such device or devices upon
1608 completion of the pilot's duties aboard the piloted vessel.
1609 Section 21. Section 310.121, Florida Statutes, is amended
1610 to read:
1611 310.121 Application, examination, and biennial fees.—
1612 (1) The department shall, in accordance with rules set by
1613 the department board, assess and collect the following fees:
1614 (a) A fee not to exceed $300 for each application for
1615 licensure as a state pilot or certification as a deputy pilot.
1616 This fee shall be nonrefundable.
1617 (b) A fee not to exceed $300 for each examination for
1618 licensure as a state pilot or certification as a deputy pilot.
1619 (c) A fee not to exceed $300 for each examination review.
1620 (2) The department shall assess and collect biennially
1621 from each licensed state pilot and each certificated deputy
1622 pilot a fee, not to exceed $200 in the case of a licensed state
1623 pilot or $100 in the case of a certificated deputy pilot, such
1624 fees to be set by the department board.
1625 Section 22. Section 310.131, Florida Statutes, is amended

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1626 to read:
1627 310.131 Assessment of percentage of gross pilotage.—The
1628 department shall assess the licensed state pilots in the
1629 respective ports of the state a percentage of the gross amount
1630 of pilotage earned by such pilots during each year, which
1631 percentage will be established by the department board not to
1632 exceed 2 percent, to be paid into the Professional Regulation
1633 Trust Fund by such pilots at such time and in such manner as the
1634 department board prescribes or as is set forth in the General
1635 Appropriations Act. The financial records of all pilots and
1636 deputy pilots relating to pilotage are subject to audit by the
1637 department and the Auditor General. The department shall by rule
1638 set a procedure for verifying the amount of pilotage at each
1639 port and may charge costs to the appropriate port if the port
1640 does not comply with such procedure.
1641 Section 23. Section 310.142, Florida Statutes, is amended
1642 to read:
1643 310.142 Pilotage at St. Marys Entrance.—The department may
1644 exercise board is authorized to enter into an agreement with the
1645 Board of Pilotage Commissioners for the corporate authority of
1646 St. Marys, Georgia, for reciprocal pilotage of vessels in the
1647 boundary waters and tributaries of St. Marys Entrance.
1648 Section 24. Subsections (1) and (7) of section 310.151,
1649 Florida Statutes, are amended to read:
1650 310.151 Rates of pilotage; Pilotage Rate Review

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1651 Committee.—
1652 (1)(a) As used in this section, the term:
1653 1. "Committee" means the Pilotage Rate Review Committee
1654 established under this section as part of the Board of Pilot
1655 Commissioners.
1656 2. "Department" means the Department of Business and
1657 Professional Regulation.
1658 2. "Board" means the Board of Pilot Commissioners.
1659 (b) To carry out the provisions of this section, the
1660 Pilotage Rate Review Committee is established as part of the
1661 Board of Pilot Commissioners within the department of Business
1662 and Professional Regulation. The committee shall consist of the
1663 following seven members of the board: two board members who are
1664 licensed state pilots actively practicing their profession, who
1665 shall be appointed by majority vote of the licensed state pilots
1666 serving on the board; two board members who are actively
1667 involved in a professional or business capacity in the maritime
1668 industry, marine shipping industry, or commercial passenger
1669 cruise industry; one board member who is a certified public
1670 accountant with at least 5 years of experience in financial
1671 management; and two board members who are citizens of the state.
1672 (c) Committee members shall comply with the disclosure
1673 requirements of s. 112.3143(4) if participating in any matter
1674 that would result in special private gain or loss as described
1675 in that subsection.

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1676 (d) The committee may has authority to adopt rules
1677 pursuant to ss. 120.536(1) and 120.54 to implement provisions of
1678 this section conferring duties upon it. The department shall
1679 provide the staff required by the committee to carry out its
1680 duties under this section.
1681 (e) All funds received pursuant to this section shall be
1682 placed in the account of the department Board of Pilot
1683 Commissioners, and the department Board of Pilot Commissioners
1684 shall pay for all expenses incurred pursuant to this section.
1685 (7) The decisions of the committee regarding rates are not
1686 appealable to the department board.
1687 Section 25. Section 310.183, Florida Statutes, is amended
1688 to read:
1689 310.183 Immediate inactivation of license or certificate
1690 for certain violations.—The department shall issue an emergency
1691 order placing on inactive status, for a period not to exceed 15
1692 days, the license of any pilot or certificate of any deputy
1693 pilot who, while providing piloting services, is involved in a
1694 marine incident that results in the death of a human or, as
1695 determined by rule of the board, substantial physical injury to
1696 a human or significant property or environmental damage, unless
1697 the department determines that the incident is clearly not the
1698 result of the actions of the pilot or deputy pilot.
1699 Section 26. Subsection (1) of section 310.185, Florida
1700 Statutes, is amended to read:

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1701 310.185 Rulemaking.—
1702 (1) The department board has authority to adopt rules
1703 pursuant to ss. 120.536(1) and 120.54 to implement the
1704 provisions of this chapter.
1705 Section 27. Subsection (3) of section 319.28, Florida
1706 Statutes, is amended to read:
1707 319.28 Transfer of ownership by operation of law.—
1708 (3) A dealer of industrial equipment who conducts a
1709 repossession, as defined in s. 493.6101(19) s. 493.6101(22), of
1710 such equipment is not subject to licensure as a recovery agent
1711 or recovery agency if the dealer is regularly engaged in the
1712 sale of the equipment for a particular manufacturer, the lender
1713 is affiliated with that manufacturer, and the dealer uses his or
1714 her own employees to make such repossessions.
1715 Section 28. Subsections (2) of section 326.002, Florida
1716 Statutes, is amended to read:
1717 326.002 Definitions.—As used in ss. 326.001-326.006, the
1718 term:
1719 (2) "Division" means the Division of Professions Florida
1720 Condominiums, Timeshares, and Mobile Homes of the Department of
1721 Business and Professional Regulation.
1722 Section 29. Subsection (3) of section 326.006, Florida
1723 Statutes, is amended to read:
1724 326.006 Powers and duties of division.—
1725 (3) All fees must be deposited in the Professional

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1726 Regulation Division of Florida Condominiums, Timeshares, and
1727 Mobile Homes Trust Fund as provided by law.
1728 Section 30. Paragraph (a) of subsection (3) of section
1729 376.303, Florida Statutes, is amended to read:
1730 376.303 Powers and duties of the Department of
1731 Environmental Protection.—
1732 (3)(a) The department may inspect the installation of any
1733 pollutant storage tank. Any person installing a pollutant
1734 storage tank, as defined in s. 489.105(16) s. 489.105(17), shall
1735 certify that such installation is in accordance with the
1736 standards adopted pursuant to this section. The department shall
1737 promulgate a form for such certification which shall at a
1738 minimum include:
1739 1. A signed statement by the certified pollutant storage
1740 systems contractor, as defined in s. 489.105(2)(p) s.
1741 489.105(3)(p), that such installation is in accordance with
1742 standards adopted pursuant to this section; and
1743 2. Signed statements by the onsite persons performing or
1744 supervising the installation of a pollutant storage tank, which
1745 statements shall be required of tasks that are necessary for the
1746 proper installation of such tank.
1747 Section 31. Paragraph (n) of subsection (3) of section
1748 381.0065, Florida Statutes, is amended to read:
1749 381.0065 Onsite sewage treatment and disposal systems;
1750 regulation.—

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1751 (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
1752 PROTECTION.—The department shall:
1753 (n) Regulate and permit maintenance entities for
1754 performance-based treatment systems and aerobic treatment unit
1755 systems. To ensure systems are maintained and operated according
1756 to manufacturer's specifications and designs, the department
1757 shall establish by rule minimum qualifying criteria for
1758 maintenance entities. The criteria shall include training,
1759 access to approved spare parts and components, access to
1760 manufacturer's maintenance and operation manuals, and service
1761 response time. The maintenance entity shall employ a contractor
1762 licensed under s. 489.105(2)(m) s. 489.105(3)(m), or part III of
1763 chapter 489, or a state-licensed wastewater plant operator, who
1764 is responsible for maintenance and repair of all systems under
1765 contract.
1766 Section 32. Section 403.868, Florida Statutes, is amended
1767 to read:
1768 403.868 Requirements by a utility.—A utility may have more
1769 stringent requirements than set by law, including certification
1770 requirements for water distribution systems and domestic
1771 wastewater collection systems operations, except that a utility
1772 may not require a licensed contractor, as defined in s.
1773 489.105(2) s. 489.105(3) to have any additional license for work
1774 in water distribution systems or domestic wastewater collection
1775 systems.

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1776 Section 33. Paragraph (e) of subsection (1) of section
1777 403.9329, Florida Statutes, is amended to read:
1778 403.9329 Professional mangrove trimmers.—
1779 (1) For purposes of ss. 403.9321-403.9333, the following
1780 persons are considered professional mangrove trimmers:
1781 (e) Persons licensed under part II of chapter 481. The
1782 Department of Business and Professional Regulation Board of
1783 Landscape Architecture shall establish appropriate standards and
1784 continuing legal education requirements to assure the competence
1785 of licensees to conduct the activities authorized under ss.
1786 403.9321-403.9333. Trimming by landscape architects as
1787 professional mangrove trimmers is not allowed until the
1788 establishment of standards by the department board. The
1789 department board shall also establish penalties for violating
1790 ss. 403.9321-403.9333. Only those landscape architects who are
1791 certified in the state may qualify as professional mangrove
1792 trimmers under ss. 403.9321-403.9333, notwithstanding any
1793 reciprocity agreements that may exist between this state and
1794 other states;
1795 Section 34. Paragraph (a) of subsection (19) of section
1796 440.02, Florida Statutes, is amended to read:
1797 440.02 Definitions.—When used in this chapter, unless the
1798 context clearly requires otherwise, the following terms shall
1799 have the following meanings:
1800 (19)(a) "Employer" means the state and all political

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1801 subdivisions thereof, all public and quasi-public corporations
1802 therein, every person carrying on any employment, and the legal
1803 representative of a deceased person or the receiver or trustees
1804 of any person. The term also includes employee leasing
1805 companies, as defined in s. 468.520(4) s. 468.520(5), and
1806 employment agencies that provide their own employees to other
1807 persons. If the employer is a corporation, parties in actual
1808 control of the corporation, including, but not limited to, the
1809 president, officers who exercise broad corporate powers,
1810 directors, and all shareholders who directly or indirectly own a
1811 controlling interest in the corporation, are considered the
1812 employer for the purposes of ss. 440.105, 440.106, and 440.107.
1813 Section 35. Section 448.26, Florida Statutes, is amended
1814 to read:
1815 448.26 Application.—Nothing in this part shall exempt any
1816 client of any labor pool or temporary help arrangement entity as
1817 defined in s. 468.520(3)(a) s. 468.520(4)(a) or any assigned
1818 employee from any other license requirements of state, local, or
1819 federal law. Any employee assigned to a client who is licensed,
1820 registered, or certified pursuant to law shall be deemed an
1821 employee of the client for such licensure purposes but shall
1822 remain an employee of the labor pool or temporary help
1823 arrangement entity for purposes of chapters 440 and 443.
1824 Section 36. Subsection (4) of section 468.382, Florida
1825 Statutes, is amended to read:

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1826 468.382 Definitions.—As used in this act, the term:
1827 (4) "Board" means the Florida Board of Auctioneers.
1828 Section 37. Subsections (1), (4), (5), (6) and (7) of
1829 section 468.385, Florida Statutes, are amended, and subsection
1830 (3) of that section is republished, to read:
1831 468.385 Licenses required; qualifications; examination.—
1832 (1) The department shall license any applicant who the
1833 board certifies is certified and qualified to practice
1834 auctioneering.
1835 (3) A No person may not shall be licensed as an auctioneer
1836 or apprentice if he or she:
1837 (a) Is under 18 years of age; or
1838 (b) Has committed any act or offense in this state or any
1839 other jurisdiction which would constitute a basis for
1840 disciplinary action under s. 468.389.
1841 (4) Any person seeking a license as an auctioneer must
1842 pass a written examination approved by the department board
1843 which tests his or her general knowledge of the laws of this
1844 state relating to provisions of the Uniform Commercial Code that
1845 are relevant to auctions, the laws of agency, and the provisions
1846 of this act.
1847 (5) Each apprentice application and license shall name a
1848 licensed auctioneer who has agreed to serve as the supervisor of
1849 the apprentice. An No apprentice may not conduct, or contract to
1850 conduct, an auction without the express approval of his or her

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1851 supervisor. The supervisor shall regularly review the
1852 apprentice's records, which are required by the department board
1853 to be maintained, to determine whether if such records are
1854 accurate and current.
1855 (6) A No person may not shall be licensed as an auctioneer
1856 unless he or she:
1857 (a) Has held an apprentice license and has served as an
1858 apprentice for 1 year or more, or has completed a course of
1859 study, consisting of not less than 80 classroom hours of
1860 instruction, that meets standards adopted by the department
1861 board;
1862 (b) Has passed the required examination; and
1863 (c) Is approved by the department board.
1864 (7)(a) Any auction that is subject to the provisions of
1865 this part must be conducted by an auctioneer who has an active
1866 license or an apprentice who has an active apprentice auctioneer
1867 license and who has received prior written sponsor consent.
1868 (b) A No business may not shall auction or offer to
1869 auction any property in this state unless it is licensed as an
1870 auction business by the department board or is exempt from
1871 licensure under this act. An Each application for licensure must
1872 shall include the names of the owner and the business, the
1873 business mailing address and location, and any other information
1874 which the department board may require. The owner of an auction
1875 business shall report to the department board within 30 days

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1876 after of any change in this required information.
1877 Section 38. Section 468.3852, Florida Statutes, is amended
1878 to read:
1879 468.3852 Reactivation of license; fee.—The department
1880 board shall prescribe a fee not to exceed $250 for the
1881 reactivation of an inactive license. The fee shall be in
1882 addition to the current biennial renewal fee.
1883 Section 39. Subsections (2), (3), (4), (5), and (8) of
1884 section 468.3855, Florida Statutes, are amended to read:
1885 468.3855 Apprenticeship training requirements.—
1886 (2) Any auctioneer who undertakes the sponsorship of an
1887 apprentice shall ensure that the apprentice receives training as
1888 required by department board rule.
1889 (3) An apprentice must actively participate in auction
1890 sales as required by department board rule, and a record of each
1891 auction for which participation credit is claimed must be made
1892 as required by department board rule.
1893 (4) Apprentices are prohibited from conducting any auction
1894 without the prior express written consent of the sponsor. The
1895 apprentice's sponsor must be present at the auction site at any
1896 time the apprentice is actively participating in the conduct of
1897 the auction. If the apprentice's sponsor cannot attend a
1898 particular auction, the sponsor may appoint a qualified
1899 auctioneer who meets the requirements of department board rule
1900 to attend the auction in his or her place. Prior written consent

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1901 must be given by the apprentice's sponsor for each substitution.
1902 (5) Each apprentice and sponsor shall file reports as
1903 required by department board rule.
1904 (8) All apprentice applications shall be valid for a
1905 period of 6 months after department board approval. Any
1906 applicant who fails to complete the licensure process within
1907 that time shall be required to make application as a new
1908 applicant.
1909 Section 40. Section 468.387, Florida Statutes, is amended
1910 to read:
1911 468.387 Licensing of nonresidents; endorsement;
1912 reciprocity.—The department shall issue a license by endorsement
1913 to practice auctioneering to an applicant who, upon applying to
1914 the department and remitting the required fee, set by the
1915 department board, demonstrates to the department board that he
1916 or she satisfies the requirements of s. 468.385(3) and holds a
1917 valid license to practice auctioneering in another state,
1918 provided that the requirements for licensure in that state are
1919 substantially equivalent to or more stringent than those
1920 existing in this state. The endorsement and reciprocity
1921 provisions of this section shall apply to auctioneers only and
1922 not to professions or occupations regulated by other statutes.
1923 Section 41. Subsections (3) and (9) and paragraph (b) of
1924 subsection (10) of section 468.388, Florida Statutes, are
1925 amended to read:

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1926 468.388 Conduct of an auction.—
1927 (3) Each auctioneer or auction business shall maintain a
1928 record book of all sales. The record book shall be open to
1929 inspection by the department board at reasonable times.
1930 (9) The auction business under which the auction is
1931 conducted is responsible for all other aspects of the auction as
1932 required by department board rule. The auction business may
1933 delegate in whole, or in part, different aspects of the auction
1934 only to the extent that such delegation is permitted by law and
1935 that such delegation will not impede the principal auctioneer's
1936 ability to ensure the proper conduct of his or her independent
1937 responsibility for the auction. The auction business under whose
1938 auspices the auction is conducted is responsible for ensuring
1939 compliance as required by department board rule.
1940 (10)
1941 (b) Each auction business shall maintain, for not less
1942 than 2 years, a separate ledger showing the funds held for
1943 another person deposited and disbursed by the auction business
1944 for each auction. The escrow or trust account must be reconciled
1945 monthly with the bank statement. A signed and dated record shall
1946 be maintained for a 2-year period and be available for
1947 inspection by the department or at the request of the department
1948 board.
1949 Section 42. Paragraph (j) of subsection (1), subsection
1950 (2), and paragraph (a) of subsection (3) of section 468.389,

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1951 Florida Statutes, are amended to read:
1952 468.389 Prohibited acts; penalties.—
1953 (1) The following acts shall be grounds for the
1954 disciplinary activities provided in subsections (2) and (3):
1955 (j) Violating a statute or administrative rule regulating
1956 practice under this part or a lawful disciplinary order of the
1957 board or the department.
1958 (2) When the department board finds any person guilty of
1959 any of the prohibited acts set forth in subsection (1), it may
1960 enter an order imposing one or more of the following penalties:
1961 (a) Refusal to certify to the department an application
1962 for licensure.
1963 (b) Revocation or suspension of a license.
1964 (c) Imposition of an administrative fine not to exceed
1965 $1,000 for each count or separate offense.
1966 (d) Issuance of a reprimand.
1967 (e) Placement of the auctioneer on probation for a period
1968 of time and subject to conditions as the department board may
1969 specify, including requiring the auctioneer to successfully
1970 complete the licensure examination.
1971 (f) Requirement that the person in violation make
1972 restitution to each consumer affected by that violation. Proof
1973 of such restitution shall be a signed and notarized release
1974 executed by the consumer or the consumer's estate.
1975 (3)(a) Failure to pay a fine within a reasonable time, as

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1976 prescribed by department board rule, may be grounds for
1977 disciplinary action.
1978 Section 43. Section 468.392, Florida Statutes, is amended
1979 to read:
1980 468.392 Auctioneer Recovery Fund.—There is created the
1981 Auctioneer Recovery Fund as a separate account in the
1982 Professional Regulation Trust Fund. The fund shall be
1983 administered by the department Florida Board of Auctioneers.
1984 (1) The Chief Financial Officer shall invest the money not
1985 currently needed to meet the obligations of the fund in the same
1986 manner as other public funds may be invested. Interest that
1987 accrues from these investments shall be deposited to the credit
1988 of the Auctioneer Recovery Fund and shall be available for the
1989 same purposes as other moneys deposited in the Auctioneer
1990 Recovery Fund.
1991 (2) All payments and disbursements from the Auctioneer
1992 Recovery Fund shall be made by the Chief Financial Officer upon
1993 a voucher signed by the Secretary of Business and Professional
1994 Regulation or the secretary's designee.
1995 (3) If at any time the moneys in the Auctioneer Recovery
1996 Fund are insufficient to satisfy any valid claim or portion
1997 thereof, the department board shall satisfy such unpaid claim or
1998 portion thereof as soon as a sufficient amount has been
1999 deposited in or transferred to the fund. When there is more than
2000 one unsatisfied claim outstanding, such claims shall be paid in

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2001 the order in which the claims were made.
2002 (4) Upon the payment of any amount from the Auctioneer
2003 Recovery Fund in settlement of a claim in satisfaction of a
2004 judgment against an auctioneer or auction business as described
2005 in s. 468.395, the license of such auctioneer or auction
2006 business shall be automatically suspended until the licensee has
2007 complied with s. 468.398. A discharge of bankruptcy does shall
2008 not relieve a person from the penalties and disabilities
2009 provided in this section.
2010 (5) Moneys in the fund at the end of a fiscal year shall
2011 be retained in the fund and shall accrue for the benefit of
2012 auctioneers and auction businesses. When the fund exceeds the
2013 amount as set forth in s. 468.393(2), all surcharges shall be
2014 suspended until such time as the fund is reduced below the
2015 amount as set forth in s. 468.393(3).
2016 Section 44. Subsections (1), (3), and (4) of section
2017 468.393, Florida Statutes, are amended to read:
2018 468.393 Surcharge to license fee; assessments.—
2019 (1) At the time of licensure under s. 468.385, s.
2020 468.3851, or s. 468.3852, each licensee shall pay, in addition
2021 to an application and license fee, a surcharge in an amount to
2022 be determined by the department board, not to exceed $300, which
2023 shall be deposited in the Auctioneer Recovery Fund.
2024 (3) After October 1, 1995, if the total amount in the
2025 Auctioneer Recovery Fund, including principal and interest, is

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2026 less than $200,000 at the end of the fiscal year after the
2027 payment of all claims and expenses, the department board shall
2028 assess, in addition to any other fees under s. 468.3852, a
2029 surcharge against a licensee at the time of initial licensure or
2030 at the time of license renewal, according to the following
2031 formula in order to maintain the fund at $500,000:
2032 (a) Determine the amount remaining in the fund at the end
2033 of the state fiscal year after all expenses and claims have been
2034 paid.
2035 (b) Subtract the amount determined under paragraph (a)
2036 from $500,000.
2037 (c) Determine the number of initial licenses and license
2038 renewals in the fiscal year that precedes the current fiscal
2039 year.
2040 (d) Divide the amount determined under paragraph (b) by
2041 the number determined under paragraph (c).
2042 (4) The department board shall assess the surcharge
2043 described in subsection (3) against each licensee who receives
2044 an initial license or receives a renewal license during the
2045 fiscal year that follows the year in which the amount remaining
2046 in the fund was less than $200,000.
2047 Section 45. Subsections (1) and (4) of section 468.395,
2048 Florida Statutes, are amended to read:
2049 468.395 Conditions of recovery; eligibility.—
2050 (1) Recovery from the Auctioneer Recovery Fund may be

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2051 obtained as follows:
2052 (a) Any aggrieved person is eligible to receive recovery
2053 from the Auctioneer Recovery Fund if the department Florida
2054 Board of Auctioneers has issued a final order directing an
2055 offending licensee to pay restitution to the claimant as the
2056 result of the licensee violating, within this state, any
2057 provision of s. 468.389 or any rule adopted by the department
2058 board and if the department board determined that the order of
2059 restitution cannot be enforced; or
2060 (b) Any aggrieved person who obtains a final judgment in
2061 any court against any licensee to recover damages for any actual
2062 loss that results from the violation, within this state, by a
2063 licensee of any provision of s. 468.389 or any rule adopted by
2064 the department board may, upon termination of all proceedings,
2065 including appeals and proceedings supplemental to judgment for
2066 collection purposes, file a verified application to the
2067 department board for an order directing payment out of the
2068 Auctioneer Recovery Fund of the amount of actual loss in the
2069 transaction that remains unpaid upon the judgment. The amount of
2070 actual loss may include court costs, but may shall not include
2071 attorney's fees or punitive damages awarded.
2072 (4) The department board may shall not issue an order for
2073 payment of a claim from the Auctioneer Recovery Fund unless the
2074 claimant has reasonably established to the department board that
2075 she or he has taken proper and reasonable action to collect the

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2076 amount of her or his claim from the licensee responsible for the
2077 loss and that any recovery made has been applied to reduce the
2078 amount of the claim on the Auctioneer Recovery Fund.
2079 Section 46. Subsections (2) and (3) of section 468.396,
2080 Florida Statutes, are amended to read:
2081 468.396 Claims against a single licensee in excess of
2082 dollar limitation; joinder of claims, payment; insufficient
2083 funds.—
2084 (2) Upon petition of the department board, the court may
2085 require all claimants and prospective claimants against one
2086 licensee to be joined in one action, to the end that the
2087 respective rights of all the claimants to the department board
2088 may be equitably adjudicated and settled.
2089 (3) On June 30 and December 31 of each year, the
2090 department board shall identify each claim that the court orders
2091 to be paid during the 6-month period that ended on that day. The
2092 department board shall pay the part of each claim that is so
2093 identified within 15 days after the end of the 6-month period in
2094 which the claim is ordered paid. However, if the balance in the
2095 fund is insufficient to pay the full payable amount of each
2096 claim that is ordered to be paid during a 6-month period, the
2097 department board shall pay a prorated portion of each claim that
2098 is ordered to be paid during the period. Any part of the payable
2099 amount of a claim left unpaid due to the prorating of payments
2100 under this subsection shall be paid, subject to the $50,000

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2101 limit described in s. 468.395, before the payment of claims
2102 ordered to be paid during the following 6 months.
2103 Section 47. Section 468.397, Florida Statutes, is amended
2104 to read:
2105 468.397 Payment of claim.—Upon a final order of the court
2106 directing that payment be made out of the Auctioneer Recovery
2107 Fund, the department board shall, subject to the provisions of
2108 this part, make the payment out of the Auctioneer Recovery Fund
2109 as provided in s. 468.395.
2110 Section 48. Section 468.398, Florida Statutes, is amended
2111 to read:
2112 468.398 Suspension of judgment debtor's license; repayment
2113 by licensee; interest.—If the department board is required to
2114 make any payment from the Auctioneer Recovery Fund in settlement
2115 of a claim or toward the satisfaction of a judgment under this
2116 part, the department board shall suspend the judgment debtor's
2117 license. The licensee is not eligible to be licensed again as
2118 either an auctioneer or auction business until the licensee has
2119 repaid in full the amount paid from the Auctioneer Recovery
2120 Fund, with interest at the current applicable rate.
2121 Section 49. Subsection (5) of section 468.431, Florida
2122 Statutes, is amended to read:
2123 468.431 Definitions.—As used in this part:
2124 (5) "Council" means the Regulatory Council of Community
2125 Association Managers.

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2126 Section 50. Paragraph (d) of subsection (2) and subsection
2127 (3) of section 468.433, Florida Statutes, are amended to read:
2128 468.433 Licensure by examination.—
2129 (2) The department shall examine each applicant who is at
2130 least 18 years of age, who has successfully completed all
2131 prelicensure education requirements, and who the department
2132 certifies is of good moral character.
2133 (d) The department council shall establish by rule the
2134 required amount of prelicensure education, which shall consist
2135 of not more than 24 hours of in-person instruction by a
2136 department-approved provider and which shall cover all areas of
2137 the examination specified in subsection (3). Such instruction
2138 shall be completed within 12 months before prior to the date of
2139 the examination. Prelicensure education providers shall be
2140 considered continuing education providers for purposes of
2141 establishing provider approval fees. A licensee shall not be
2142 required to comply with the continuing education requirements of
2143 s. 468.4337 prior to the first license renewal. The department
2144 shall, by rule, set standards for exceptions to the requirement
2145 of in-person instruction in cases of hardship or disability.
2146 (3) The department council shall approve an examination
2147 for licensure. The examination must demonstrate that the
2148 applicant has a fundamental knowledge of state and federal laws
2149 relating to the operation of all types of community associations
2150 and state laws relating to corporations and nonprofit

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2151 corporations, proper preparation of community association
2152 budgets, proper procedures for noticing and conducting community
2153 association meetings, insurance matters relating to community
2154 associations, and management skills.
2155 Section 51. Subsection (1) of section 468.4336, Florida
2156 Statutes, is amended to read:
2157 468.4336 Renewal of license.—
2158 (1) The department shall renew a license upon receipt of
2159 the renewal application and fee and upon proof of compliance
2160 with the continuing education requirements of s. 468.4337.
2161 Section 52. Section 468.435, Florida Statutes, is amended
2162 to read:
2163 468.435 Fees; establishment; disposition.—
2164 (1) The department council shall establish fees for the
2165 described purposes and within the ranges specified in this
2166 section:
2167 (a) Application fee: not less than $25, or more than $50.
2168 (b) Examination fee: not less than $25, or more than $100.
2169 (c) Initial license fee: not less than $25, or more than
2170 $100.
2171 (d) Renewal of license fee: not less than $25, or more
2172 than $100.
2173 (e) Delinquent license fee: not less than $25, or more
2174 than $50.
2175 (f) Inactive license fee: not less than $10, or more than

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2176 $25.
2177 (2) Until the department council establishes fees under
2178 subsection (1), the lower amount in each range shall apply.
2179 (3) Fees collected under this section shall be deposited
2180 to the credit of the Professional Regulation Trust Fund.
2181 (4) The department council shall establish fees that are
2182 adequate to fund the cost to implement the provisions of this
2183 part. Fees shall be based on the department estimates of the
2184 revenue required to implement this part and the provisions of
2185 law with respect to the regulation of community association
2186 managers.
2187 Section 53. Paragraph (b) of subsection (2) and subsection
2188 (3) of section 468.436, Florida Statutes, are amended to read:
2189 468.436 Disciplinary proceedings.—
2190 (2) The following acts constitute grounds for which the
2191 disciplinary actions in subsection (4) may be taken:
2192 (b)1. Violation of this part.
2193 2. Violation of any lawful order or rule rendered or
2194 adopted by the department or the council.
2195 3. Being convicted of or pleading nolo contendere to a
2196 felony in any court in the United States.
2197 4. Obtaining a license or certification or any other
2198 order, ruling, or authorization by means of fraud,
2199 misrepresentation, or concealment of material facts.
2200 5. Committing acts of gross misconduct or gross negligence

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2201 in connection with the profession.
2202 6. Contracting, on behalf of an association, with any
2203 entity in which the licensee has a financial interest that is
2204 not disclosed.
2205 7. Failing to disclose any conflict of interest as
2206 required by s. 468.4335.
2207 8. Violating chapter 718, chapter 719, or chapter 720
2208 during the course of performing community association management
2209 services pursuant to a contract with a community association as
2210 defined in s. 468.431(1).
2211 (3) The department council shall specify by rule the acts
2212 or omissions that constitute a violation of subsection (2).
2213 Section 54. Subsection (2) of section 468.520, Florida
2214 Statutes, is amended to read:
2215 468.520 Definitions.—As used in this part:
2216 (2) "Board" means the Board of Employee Leasing Companies.
2217 Section 55. Section 468.522, Florida Statutes, is amended
2218 to read:
2219 468.522 Rules of the department board.—The department
2220 board has authority to adopt rules pursuant to ss. 120.536(1)
2221 and 120.54 to implement the provisions of this part. Every
2222 licensee shall be governed and controlled by this part and the
2223 rules adopted by the department board.
2224 Section 56. Subsection (2) and paragraph (b) of subsection
2225 (4) of section 468.524, Florida Statutes, are amended to read:

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2226 468.524 Application for license.—
2227 (2) The department board may require information and
2228 certifications necessary to determine that the applicant is of
2229 good moral character and meets other licensure requirements of
2230 this part.
2231 (4) An applicant or licensee is ineligible to reapply for
2232 a license for a period of 1 year following final agency action
2233 on the denial or revocation of a license applied for or issued
2234 under this part. This time restriction does not apply to
2235 administrative denials or revocations entered because:
2236 (b) The experience documented to the department board was
2237 insufficient at the time of the previous application;
2238 Section 57. Section 468.5245, Florida Statutes, is amended
2239 to read:
2240 468.5245 Change of ownership.—
2241 (1) A license or registration issued to any entity under
2242 this part may not be transferred or assigned. The department
2243 board shall adopt rules to provide for a licensee's or
2244 registrant's change of name or location.
2245 (2) A person or entity that seeks to purchase or acquire
2246 control of an employee leasing company or group licensed or
2247 registered under this part must first apply to the department
2248 board for a certificate of approval for the proposed change of
2249 ownership. However, prior approval is not required if, at the
2250 time the purchase or acquisition occurs, a controlling person of

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2251 the employee leasing company or group maintains a controlling
2252 person license under this part. Notification must be provided to
2253 the department board within 30 days after the purchase or
2254 acquisition of such company in the manner prescribed by the
2255 department board.
2256 (3) Any application that is submitted to the department
2257 board under this section shall be deemed approved if the board
2258 has not approved the application or rejected the application,
2259 and provided the applicant with the basis for a rejection,
2260 within 90 days after the receipt of the completed application.
2261 (4) The department board shall establish filing fees for a
2262 change-of-ownership application in accordance with s.
2263 468.524(1).
2264 Section 58. Subsection (2) and paragraphs (c), (d), (e),
2265 and (f) of subsection (3) of section 468.525, Florida Statutes,
2266 are amended to read:
2267 468.525 License requirements.—
2268 (2)(a) As used in this part, "good moral character" means
2269 a personal history of honesty, trustworthiness, fairness, a good
2270 reputation for fair dealings, and respect for the rights of
2271 others and for the laws of this state and nation. A thorough
2272 background investigation of the individual's good moral
2273 character shall be instituted by the department. Such
2274 investigation shall require:
2275 1. The submission of fingerprints, for processing through

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2276 appropriate law enforcement agencies, by the applicant and the
2277 examination of police records by the department board.
2278 2. Such other investigation of the individual as the
2279 department board may deem necessary.
2280 (b) The department board may deny an application for
2281 licensure or renewal citing lack of good moral character.
2282 Conviction of a crime within the last 7 years may shall not
2283 automatically bar any applicant or licensee from obtaining a
2284 license or continuing as a licensee. The department board shall
2285 consider the type of crime committed, the crime's relevancy to
2286 the employee leasing industry, the length of time since the
2287 conviction and any other factors deemed relevant by the
2288 department board.
2289 (3) Each employee leasing company licensed by the
2290 department shall have a registered agent for service of process
2291 in this state and at least one licensed controlling person. In
2292 addition, each licensed employee leasing company shall comply
2293 with the following requirements:
2294 (c) An applicant for initial or renewal license of an
2295 employee leasing company license or employee leasing company
2296 group shall have an accounting net worth or shall have
2297 guaranties, letters of credit, or other security acceptable to
2298 the department board in sufficient amounts to offset any
2299 deficiency. A guaranty will not be acceptable to satisfy this
2300 requirement unless the applicant submits sufficient evidence to

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2301 satisfy the department board that the guarantor has adequate
2302 resources to satisfy the obligation of the guaranty.
2303 (d) Each employee leasing company shall maintain an
2304 accounting net worth and positive working capital, as determined
2305 in accordance with generally accepted accounting principles, or
2306 shall have guaranties, letters of credit, or other security
2307 acceptable to the department board in sufficient amounts to
2308 offset any deficiency. A guaranty will not be acceptable to
2309 satisfy this requirement unless the licensee submits sufficient
2310 evidence, as defined by rule, that the guarantor has adequate
2311 resources to satisfy the obligation of the guaranty. In
2312 determining the amount of working capital, a licensee shall
2313 include adequate reserves for all taxes and insurance, including
2314 plans of self-insurance or partial self-insurance for claims
2315 incurred but not paid and for claims incurred but not reported.
2316 Compliance with the requirements of this paragraph is subject to
2317 verification by department or board audit.
2318 (e) Each employee leasing company or employee leasing
2319 company group shall submit annual financial statements audited
2320 by an independent certified public accountant, with the
2321 application and within 120 days after the end of each fiscal
2322 year, in a manner and time prescribed by the department board,
2323 provided however, that any employee leasing company or employee
2324 leasing company group with gross Florida payroll of less than
2325 $2.5 million during any fiscal year may submit financial

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2326 statements reviewed by an independent certified public
2327 accountant for that year.
2328 (f) The licensee shall notify the department or board in
2329 writing within 30 days after any change in the application or
2330 status of the license.
2331 Section 59. Subsections (3) and (5) of section 468.526,
2332 Florida Statutes, are amended to read:
2333 468.526 License required; fees.—
2334 (3) Each employee leasing company and employee leasing
2335 company group licensee shall pay to the department upon the
2336 initial issuance of a license and upon each renewal thereafter a
2337 license fee not to exceed $2,500 to be established by the
2338 department board. In addition to the license fee, the department
2339 board shall establish an annual assessment for each employee
2340 leasing company and each employee leasing company group
2341 sufficient to cover all costs for regulation of the profession
2342 pursuant to this chapter, chapter 455, and any other applicable
2343 provisions of law. The annual assessment shall:
2344 (a) Be due and payable upon initial licensure and
2345 subsequent renewals thereof and 1 year before the expiration of
2346 any licensure period; and
2347 (b) Be based on a fixed percentage, variable classes, or a
2348 combination of both, as determined by the department board, of
2349 gross Florida payroll for employees leased to clients by the
2350 applicant or licensee during the period beginning five quarters

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2351 before and ending one quarter before each assessment. It is the
2352 intent of the Legislature that the greater weight of total fees
2353 for licensure and assessments should be on larger companies and
2354 groups.
2355 (5) Each controlling person licensee shall pay to the
2356 department upon the initial issuance of a license and upon each
2357 renewal thereafter a license fee to be established by the
2358 department board in an amount not to exceed $2,000.
2359 Section 60. Subsection (1) of section 468.527, Florida
2360 Statutes, is amended to read:
2361 468.527 Licensure and license renewal.—
2362 (1) The department shall license any applicant who the
2363 department board certifies is qualified to practice employee
2364 leasing as an employee leasing company, employee leasing company
2365 group, or controlling person.
2366 Section 61. Subsection (2) of section 468.5275, Florida
2367 Statutes, is amended to read:
2368 468.5275 Registration and exemption of de minimis
2369 operations.—
2370 (2) A registration is valid for 1 year. Each registrant
2371 shall pay to the department upon initial registration, and upon
2372 each renewal thereafter, a registration fee to be established by
2373 the department board in an amount not to exceed:
2374 (a) Two hundred and fifty dollars for an employee leasing
2375 company.

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2376 (b) Five hundred dollars for an employee leasing company
2377 group.
2378 Section 62. Subsections (2), (4), and (5) of section
2379 468.529, Florida Statutes, are amended to read:
2380 468.529 Licensee's insurance; employment tax; benefit
2381 plans.—
2382 (2) An initial or renewal license may not be issued to any
2383 employee leasing company unless the employee leasing company
2384 first files with the department board evidence of workers'
2385 compensation coverage for all leased employees in this state.
2386 Each employee leasing company shall maintain and make available
2387 to its workers' compensation carrier the following information:
2388 (a) The correct name and federal identification number of
2389 each client company.
2390 (b) A listing of all covered employees provided to each
2391 client company, by classification code.
2392 (c) The total eligible wages by classification code and
2393 the premiums due to the carrier for the employees provided to
2394 each client company.
2395 (4) An initial or renewal license may not be issued to any
2396 employee leasing company unless the employee leasing company
2397 first provides evidence to the department board, as required by
2398 department board rule, that the employee leasing company has
2399 paid all of the employee leasing company's obligations for
2400 payroll, payroll-related taxes, workers' compensation insurance,

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2401 and employee benefits. All disputed amounts must be disclosed in
2402 the application.
2403 (5) The provisions of this section are subject to
2404 verification by department or board audit.
2405 Section 63. Subsections (3) and (4) of section 468.530,
2406 Florida Statutes, are amended to read:
2407 468.530 License, contents; posting.—
2408 (3) A No license is not shall be valid for any person or
2409 entity who engages in the business under any name other than
2410 that specified in the license. A license issued under this part
2411 is shall not be assignable, and a no licensee may not conduct a
2412 business under a fictitious name without prior written
2413 authorization of the department board to do so. The department
2414 board may not authorize the use of a name which is so similar to
2415 that of a public officer or agency, or of that used by another
2416 licensee, that the public may be confused or misled thereby. A
2417 No licensee shall be permitted to conduct business under more
2418 than one name unless it has obtained a separate license. A
2419 licensee desiring to change its licensed name at any time except
2420 upon license renewal shall notify the department board and pay a
2421 fee not to exceed $50 for each authorized change of name.
2422 (4) Each employee leasing company or employee leasing
2423 company group licensed under this part shall be properly
2424 identified in all advertisements, which must include the license
2425 number, licensed business name, and other appropriate

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2426 information in accordance with rules established by the
2427 department board.
2428 Section 64. Paragraph (e) of subsection (1) of section
2429 468.531, Florida Statutes, is amended to read:
2430 468.531 Prohibitions; penalties.—
2431 (1) No person or entity shall:
2432 (e) Knowingly give false or forged evidence to the
2433 department board or a member thereof; or
2434 Section 65. Section 468.532, Florida Statutes, is amended
2435 to read:
2436 468.532 Discipline.—
2437 (1) The following constitute grounds for which
2438 disciplinary action against a licensee may be taken by the
2439 department board:
2440 (a) Being convicted or found guilty of, or entering a plea
2441 of nolo contendere to, regardless of adjudication, bribery,
2442 fraud, or willful misrepresentation in obtaining, attempting to
2443 obtain, or renewing a license.
2444 (b) Being convicted or found guilty of, or entering a plea
2445 of nolo contendere to, regardless of adjudication, a crime in
2446 any jurisdiction which relates to the operation of an employee
2447 leasing business or the ability to engage in business as an
2448 employee leasing company.
2449 (c) Being convicted or found guilty of, or entering a plea
2450 of nolo contendere to, regardless of adjudication, fraud,

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2451 deceit, or misconduct in the classification of employees
2452 pursuant to chapter 440.
2453 (d) Being convicted or found guilty of, or entering a plea
2454 of nolo contendere to, regardless of adjudication, fraud,
2455 deceit, or misconduct in the establishment or maintenance of
2456 self-insurance, be it health insurance or workers' compensation
2457 insurance.
2458 (e) Being convicted or found guilty of, or entering a plea
2459 of nolo contendere to, regardless of adjudication, fraud,
2460 deceit, or misconduct in the operation of an employee leasing
2461 company.
2462 (f) Conducting business without an active license.
2463 (g) Failing to maintain workers' compensation insurance as
2464 required in s. 468.529.
2465 (h) Transferring or attempting to transfer a license
2466 issued pursuant to this part.
2467 (i) Violating any provision of this part or any lawful
2468 order or rule issued under the provisions of this part or
2469 chapter 455.
2470 (j) Failing to notify the department board, in writing, of
2471 any change of the primary business address or the addresses of
2472 any of the licensee's offices in the state.
2473 (k) Having been confined in any county jail,
2474 postadjudication, or being confined in any state or federal
2475 prison or mental institution, or when through mental disease or

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2476 deterioration, the licensee can no longer safely be entrusted to
2477 deal with the public or in a confidential capacity.
2478 (l) Having been found guilty for a second time of any
2479 misconduct that warrants suspension or being found guilty of a
2480 course of conduct or practices which shows that the licensee is
2481 so incompetent, negligent, dishonest, or untruthful that the
2482 money, property, transactions, and rights of investors, or those
2483 with whom the licensee may sustain a confidential relationship,
2484 may not safely be entrusted to the licensee.
2485 (m) Failing to inform the department board in writing
2486 within 30 days after being convicted or found guilty of, or
2487 entering a plea of nolo contendere to, any felony, regardless of
2488 adjudication.
2489 (n) Failing to conform to any lawful order of the
2490 department board.
2491 (o) Being determined liable for civil fraud by a court in
2492 any jurisdiction.
2493 (p) Having adverse material final action taken by any
2494 state or federal regulatory agency for violations within the
2495 scope of control of the licensee.
2496 (q) Failing to inform the department board in writing
2497 within 30 days after any adverse material final action by a
2498 state or federal regulatory agency.
2499 (r) Failing to meet or maintain the requirements for
2500 licensure as an employee leasing company or controlling person.

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2501 (s) Engaging as a controlling person any person who is not
2502 licensed as a controlling person by the department board.
2503 (t) Attempting to obtain, obtaining, or renewing a license
2504 to practice employee leasing by bribery, misrepresentation, or
2505 fraud.
2506 (2) When the department board finds any violation of
2507 subsection (1), it may do one or more of the following:
2508 (a) Deny an application for licensure.
2509 (b) Permanently revoke, suspend, restrict, or not renew a
2510 license.
2511 (c) Impose an administrative fine not to exceed $5,000 for
2512 every count or separate offense.
2513 (d) Issue a reprimand.
2514 (e) Place the licensee on probation for a period of time
2515 and subject to such conditions as the department board may
2516 specify.
2517 (f) Assess costs associated with investigation and
2518 prosecution.
2519 (3) Upon revocation or suspension of a license, the
2520 licensee must immediately return to the department the license
2521 that was revoked or suspended.
2522 (4) The department board shall specify the penalties for
2523 any violation of this part.
2524 Section 66. Subsection (1) of section 468.603, Florida
2525 Statutes, is amended to read:

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2526 468.603 Definitions.—As used in this part:
2527 (1) "Board" means the Florida Building Code Administrators
2528 and Inspectors Board.
2529 Section 67. Section 468.606, Florida Statutes, is amended
2530 to read:
2531 468.606 Authority of the department board.—The department
2532 may board is authorized to:
2533 (1) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
2534 implement the provisions of this part.
2535 (2) Certify individuals as being qualified under the
2536 provisions of this part to be building code administrators,
2537 plans examiners, and building code inspectors.
2538 Section 68. Section 468.607, Florida Statutes, is amended
2539 to read:
2540 468.607 Certification of building code administration and
2541 inspection personnel.—The department board shall issue a
2542 certificate to any individual whom the department board
2543 determines to be qualified, within such class and level as
2544 provided in this part and with such limitations as the
2545 department board may place upon it. A No person may not be
2546 employed by a state agency or local governmental authority to
2547 perform the duties of a building code administrator, plans
2548 examiner, or building code inspector after October 1, 1993,
2549 without possessing the proper valid certificate issued in
2550 accordance with the provisions of this part. Any person who acts

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2551 as an inspector and plans examiner under s. 1013.37 while
2552 conducting activities authorized by certification under that
2553 section is certified to continue to conduct inspections for a
2554 local enforcement agency until the person's UBCI certification
2555 expires, after which time such person must possess the proper
2556 valid certificate issued in accordance with this part.
2557 Section 69. Section 468.613, Florida Statutes, is amended
2558 to read:
2559 468.613 Certification by endorsement.—The department board
2560 shall examine other certification or training programs, as
2561 applicable, upon submission to the department board for its
2562 consideration of an application for certification by
2563 endorsement. The department board shall waive its examination,
2564 qualification, education, or training requirements, to the
2565 extent that such examination, qualification, education, or
2566 training requirements of the applicant are determined by the
2567 department board to be comparable with those established by the
2568 department board. The department board shall waive its
2569 examination, qualification, education, or training requirements
2570 if an applicant for certification by endorsement is at least 18
2571 years of age; is of good moral character; has held a valid
2572 building administrator, inspector, plans examiner, or the
2573 equivalent, certification issued by another state or territory
2574 of the United States for at least 10 years before the date of
2575 application; and has successfully passed an applicable

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2576 examination administered by the International Code Council. Such
2577 application must be made either when the license in another
2578 state or territory is active or within 2 years after such
2579 license was last active.
2580 Section 70. Subsections (5) and (7) of section 468.619,
2581 Florida Statutes, are amended to read:
2582 468.619 Building code enforcement officials' bill of
2583 rights.—
2584 (5) The enforcement official shall be considered an agent
2585 of the governmental entity employing him or her and as such
2586 shall be defended by that entity in any action brought by the
2587 department or the board, provided the enforcement official is
2588 working within the scope of his or her employment.
2589 (7) If any action taken against the enforcement official
2590 by the department or the board is found to be without merit by a
2591 court of competent jurisdiction, or if judgment in such an
2592 action is awarded to the enforcement official, the department or
2593 the board, or the assignee of the department or board, shall
2594 reimburse the enforcement official or his or her employer, as
2595 appropriate, for reasonable legal costs and reasonable
2596 attorney's fees incurred. The amount awarded may shall not
2597 exceed the limit provided in s. 120.595.
2598 Section 71. Paragraph (a) of subsection (1) and
2599 subsections (2), (3), and (4) of section 468.621, Florida
2600 Statutes, are amended to read:

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2601 468.621 Disciplinary proceedings.—
2602 (1) The following acts constitute grounds for which the
2603 disciplinary actions in subsection (2) may be taken:
2604 (a) Violating or failing to comply with any provision of
2605 this part, or a valid rule or lawful order of the board or
2606 department pursuant thereto.
2607 (2) When the department board finds any person guilty of
2608 any of the grounds set forth in subsection (1), it may enter an
2609 order imposing one or more of the following penalties:
2610 (a) Denial of an application for certification.
2611 (b) Permanent revocation.
2612 (c) Suspension of a certificate.
2613 (d) Imposition of an administrative fine not to exceed
2614 $5,000 for each separate offense. Such fine must be rationally
2615 related to the gravity of the violation.
2616 (e) Issuance of a reprimand.
2617 (f) Placement of the certificateholder on probation for a
2618 period of time and subject to such conditions as the department
2619 board may impose, including alteration of performance level.
2620 (g) Satisfactory completion of continuing education.
2621 (h) Issuance of a citation.
2622 (3) Where a certificate is suspended, placed on probation,
2623 or has conditions imposed, the department board shall reinstate
2624 the certificate of a disciplined building code administrator,
2625 plans examiner, or building code inspector upon proof the

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2626 disciplined individual has complied with all terms and
2627 conditions set forth in the final order.
2628 (4) A No person may not be allowed to apply for
2629 certification under this part for a minimum of 5 years after the
2630 date of revocation of any certificate issued pursuant to this
2631 part. The department board may by rule establish additional
2632 criteria for certification following revocation.
2633 Section 72. Subsections (1) and (5) of section 468.627,
2634 Florida Statutes, are amended to read:
2635 468.627 Application; examination; renewal; fees.—
2636 (1) The department board shall establish by rule fees to
2637 be paid for application, examination, reexamination,
2638 certification and certification renewal, inactive status
2639 application, and reactivation of inactive certificates. The
2640 department board may establish by rule a late renewal penalty.
2641 The department board shall establish fees which are adequate,
2642 when combined with revenue generated by the provisions of s.
2643 468.631, to ensure the continued operation of this part. Fees
2644 shall be based on department estimates of the revenue required
2645 to implement this part.
2646 (5) The certificateholder shall provide proof, in a form
2647 established by board rule, that the certificateholder has
2648 completed at least 14 classroom hours of at least 50 minutes
2649 each of continuing education courses during each biennium since
2650 the issuance or renewal of the certificate, including the

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2651 specialized or advanced coursework approved by the Florida
2652 Building Commission, as part of the building code training
2653 program established pursuant to s. 553.841, appropriate to the
2654 licensing category sought. A minimum of 3 of the required 14
2655 classroom hours must be on state law, rules, and ethics relating
2656 to professional standards of practice, duties, and
2657 responsibilities of the certificateholder. The board shall by
2658 rule establish criteria for approval of continuing education
2659 courses and providers, and may by rule establish criteria for
2660 accepting alternative nonclassroom continuing education on an
2661 hour-for-hour basis.
2662 Section 73. Paragraph (d) of subsection (1) of section
2663 468.629, Florida Statutes, is amended to read:
2664 468.629 Prohibitions; penalties.—
2665 (1) No person may:
2666 (d) Give false or forged evidence to the board or the
2667 department, or a member, an employee, or an officer thereof, for
2668 the purpose of obtaining a certificate.
2669 Section 74. Subsection (1) of section 468.631, Florida
2670 Statutes, is amended to read:
2671 468.631 Building Code Administrators and Inspectors Fund.—
2672 (1) This part shall be funded through a surcharge, to be
2673 assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
2674 1.5 percent of all permit fees associated with enforcement of
2675 the Florida Building Code as defined by the uniform account

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2676 criteria and specifically the uniform account code for building
2677 permits adopted for local government financial reporting
2678 pursuant to s. 218.32. The minimum amount collected on any
2679 permit issued shall be $2. The unit of government responsible
2680 for collecting permit fees pursuant to s. 125.56 or s. 166.201
2681 shall collect such surcharge and shall remit the funds to the
2682 department on a quarterly calendar basis beginning not later
2683 than December 31, 2010, for the preceding quarter, and
2684 continuing each third month thereafter; and such unit of
2685 government shall retain 10 percent of the surcharge collected to
2686 fund the participation of building departments in the national
2687 and state building code adoption processes and to provide
2688 education related to enforcement of the Florida Building Code.
2689 There is created within the Professional Regulation Trust Fund a
2690 separate account to be known as the Building Code Administrators
2691 and Inspectors Fund, which shall deposit and disburse funds as
2692 necessary for the implementation of this part. The proceeds from
2693 this surcharge shall be allocated equally to fund the Florida
2694 Homeowners' Construction Recovery Fund established by s. 489.140
2695 and the functions of the Building Code Administrators and
2696 Inspectors Board. The department may transfer excess cash to the
2697 Florida Homeowners' Construction Recovery Fund that it
2698 determines is not required to fund the implementation of this
2699 part board from the board's account within the Professional
2700 Regulation Trust Fund. However, the department may not transfer

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2701 excess cash that would exceed the amount appropriated in the
2702 General Appropriations Act, and any amount approved by the
2703 Legislative Budget Commission pursuant to s. 216.181, to be used
2704 for the payment of claims from the Florida Homeowners'
2705 Construction Recovery Fund.
2706 Section 75. Subsection (7) of section 468.8312, Florida
2707 Statutes, is amended to read:
2708 468.8312 Fees.—
2709 (7) The fee for applications from providers of continuing
2710 education may not exceed $500.
2711 Section 76. Subsection (1) of section 468.8315, Florida
2712 Statutes, is amended to read:
2713 468.8315 Renewal of license.—
2714 (1) The department shall renew a license upon receipt of
2715 the renewal application and upon certification by the department
2716 that the licensee has satisfactorily completed the continuing
2717 education requirements of s. 468.8316.
2718 Section 77. Subsection (1) of section 468.8415, Florida
2719 Statutes, is amended to read:
2720 468.8415 Renewal of license.—
2721 (1) The department shall renew a license upon receipt of
2722 the renewal application and fee and upon certification by the
2723 department that the licensee has satisfactorily completed the
2724 continuing education requirements of s. 468.8416.
2725 Section 78. Subsection (2) of section 468.8417, Florida

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2726 Statutes, is amended to read:
2727 468.8417 Inactive license.—
2728 (2) A license that becomes inactive may be reactivated
2729 upon application to the department. The department may prescribe
2730 by rule continuing education requirements as a condition of
2731 reactivating a license. The rules may not require more than one
2732 renewal cycle of continuing education to reactivate a license.
2733 Section 79. Paragraph (d) of subsection (1) and paragraph
2734 (d) of subsection (2) of section 468.8419, Florida Statutes, are
2735 amended to read:
2736 468.8419 Prohibitions; penalties.—
2737 (1) A person may not:
2738 (d) Perform or offer to perform any mold remediation to a
2739 structure on which the mold assessor or the mold assessor's
2740 company provided a mold assessment within the last 12 months.
2741 This paragraph does not apply to a certified contractor who is
2742 classified in s. 489.105(2) s. 489.105(3) as a Division I
2743 contractor. However, the department may adopt rules requiring
2744 that, if such contractor performs the mold assessment and offers
2745 to perform the mold remediation, the contract for mold
2746 remediation provided to the homeowner discloses that he or she
2747 has the right to request competitive bids.
2748 (2) A mold remediator, a company that employs a mold
2749 remediator, or a company that is controlled by a company that
2750 also has a financial interest in a company employing a mold

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2751 remediator may not:
2752 (d) Perform or offer to perform any mold assessment to a
2753 structure on which the mold remediator or the mold remediator's
2754 company provided a mold remediation within the last 12 months.
2755 This paragraph does not apply to a certified contractor who is
2756 classified in s. 489.105(2) s. 489.105(3) as a Division I
2757 contractor. However, the department may adopt rules requiring
2758 that, if such contractor performs the mold remediation and
2759 offers to perform the mold assessment, the contract for mold
2760 assessment provided to the homeowner discloses that he or she
2761 has the right to request competitive bids.
2762 Section 80. Subsection (4) of section 469.004, Florida
2763 Statutes, is amended to read:
2764 469.004 License; asbestos consultant; asbestos
2765 contractor.—
2766 (4) A license issued under this chapter must be renewed
2767 every 2 years. Before an asbestos contractor's license may be
2768 renewed, the licensee must complete a 1-day course of continuing
2769 education during each of the preceding 2 years. Before an
2770 asbestos consultant's license may be renewed, the licensee must
2771 complete a 2-day course of continuing education during each of
2772 the preceding 2 years.
2773 Section 81. Subsection (5) of section 469.012, Florida
2774 Statutes, is renumbered as subsection (4) and subsection (1) and
2775 present subsection (4) of that section are amended, to read:

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2776 469.012 Course requirements for onsite supervisors and
2777 asbestos abatement workers.—
2778 (1) Each asbestos contractor's onsite supervisor must
2779 complete an asbestos contractor/supervisor course of not less
2780 than 5 days before prior to engaging in onsite supervision. Such
2781 training shall cover the nature of the health risks, the medical
2782 effects of exposure, federal and state asbestos laws and
2783 regulations, worker protection, and work area protection. Each
2784 onsite supervisor must also complete a continuing education
2785 course of not less than 1 day in length each year.
2786 (4) All asbestos abatement workers, including onsite
2787 supervisors, must complete, as a condition of renewal of
2788 accreditation, such courses of continuing education each year as
2789 are approved and required by the department.
2790 Section 82. Subsection (1) of section 469.013, Florida
2791 Statutes, is amended to read:
2792 469.013 Course requirements for asbestos surveyors,
2793 management planners, project monitors, and project designers.—
2794 (1) All asbestos surveyors, management planners, and
2795 project monitors must comply with the requirements under set
2796 forth in this section before prior to commencing such activities
2797 and must also complete the continuing education necessary to
2798 maintain accreditation each year.
2799 (a) Management planners must complete all requirements of
2800 s. 469.005(2)(b) and (d).

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2801 (b) Asbestos surveyors must complete all requirements of
2802 s. 469.005(2)(a).
2803 (c) Project monitors must complete all requirements of s.
2804 469.005(3)(a) and must also complete an asbestos sampling course
2805 which is equivalent to NIOSH Course 582.
2806 (d) Project designers must complete all requirements of s.
2807 469.005(2)(d).
2808 Section 83. Paragraph (b) of subsection (2) of section
2809 471.003, Florida Statutes, is amended to read:
2810 471.003 Qualifications for practice; exemptions.—
2811 (2) The following persons are not required to be licensed
2812 under the provisions of this chapter as a licensed engineer:
2813 (b)1. A person acting as a public officer employed by any
2814 state, county, municipal, or other governmental unit of this
2815 state when working on any project the total estimated cost of
2816 which is $10,000 or less.
2817 2. Persons who are employees of any state, county,
2818 municipal, or other governmental unit of this state and who are
2819 the subordinates of a person in responsible charge licensed
2820 under this chapter, to the extent that the supervision meets
2821 standards adopted by rule of the department board.
2822 Section 84. Section 471.0035, Florida Statutes, is amended
2823 to read:
2824 471.0035 Instructors in postsecondary educational
2825 institutions; exemption from licensure requirement.—For the sole

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2826 purpose of teaching the principles and methods of engineering
2827 design, notwithstanding the provisions of s. 471.005(6) s.
2828 471.005(7), a person employed by a public postsecondary
2829 educational institution, or by an independent postsecondary
2830 educational institution licensed or exempt from licensure
2831 pursuant to the provisions of chapter 1005, is not required to
2832 be licensed under the provisions of this chapter as a
2833 professional engineer.
2834 Section 85. Subsections (2) through (12) of section
2835 471.005, Florida Statutes, are renumbered as subsections (1)
2836 through (11), respectively, and present subsections (1), (6),
2837 and (10) of that section are amended, to read:
2838 471.005 Definitions.—As used in this chapter, the term:
2839 (1) "Board" means the Board of Professional Engineers.
2840 (5)(6) "Engineer intern" means a person who has graduated
2841 from an engineering curriculum approved by the department board
2842 and has passed the fundamentals of engineering examination as
2843 provided by rules adopted by the department board.
2844 (9)(10) "Retired professional engineer" or "professional
2845 engineer, retired" means a person who has been duly licensed as
2846 a professional engineer by the department board and who chooses
2847 to relinquish or not to renew his or her license and applies to
2848 and is approved by the department board to be granted the title
2849 "Professional Engineer, Retired."
2850 Section 86. Subsection (1) of section 471.011, Florida

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2851 Statutes, is amended to read:
2852 471.011 Fees.—
2853 (1) The department board by rule may establish fees to be
2854 paid for applications, examination, reexamination, licensing and
2855 renewal, inactive status application and reactivation of
2856 inactive licenses, and recordmaking and recordkeeping. The
2857 department board may also establish by rule a delinquency fee.
2858 The board shall establish fees that are adequate to ensure the
2859 continued operation of the board. Fees shall be based on
2860 department estimates of the revenue required to implement this
2861 chapter and the provisions of law with respect to the regulation
2862 of engineers.
2863 Section 87. Section 471.013, Florida Statutes, is amended
2864 to read:
2865 471.013 Examinations; prerequisites.—
2866 (1)(a) A person shall be entitled to take an examination
2867 for the purpose of determining whether she or he is qualified to
2868 practice in this state as an engineer if the person is of good
2869 moral character and:
2870 1. Is a graduate from an approved engineering science
2871 curriculum of 4 years or more in a school, college, or
2872 university which has been approved by the department board; or
2873 2. Is a graduate of an approved engineering technology
2874 curriculum of 4 years or more in a school, college, or
2875 university which has been approved by the department board.

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2876
2877 The department board shall adopt rules providing for the review
2878 and approval of schools or colleges and the courses of study in
2879 engineering in such schools and colleges. The rules shall be
2880 based on the educational requirements for engineering as defined
2881 in s. 471.005. The department board may adopt rules providing
2882 for the acceptance of the approval and accreditation of schools
2883 and courses of study by a nationally accepted accreditation
2884 organization.
2885 (b) A person shall be entitled to take the fundamentals
2886 examination for the purpose of determining whether she or he is
2887 qualified to practice in this state as an engineer intern if she
2888 or he is in the final year of, or is a graduate of, an approved
2889 engineering curriculum in a school, college, or university
2890 approved by the department board.
2891 (c) A person may shall not be entitled to take the
2892 principles and practice examination until that person has
2893 successfully completed the fundamentals examination.
2894 (2)(d) The department board shall deem that an applicant
2895 who seeks licensure by examination has passed the fundamentals
2896 examination when such applicant has received a doctorate degree
2897 in engineering from an institution that has an undergraduate
2898 engineering program that is accredited by the Engineering
2899 Accreditation Commission of the Accreditation Board for
2900 Engineering and Technology, Inc., and has taught engineering

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2901 full time for at least 3 years, at the baccalaureate level or
2902 higher, after receiving that degree.
2903 (3)(e) Every applicant who is qualified to take the
2904 fundamentals examination or the principles and practice
2905 examination shall be allowed to take either examination three
2906 times, notwithstanding the number of times either examination
2907 has been previously failed. If an applicant fails either
2908 examination three times, the department board shall require the
2909 applicant to complete additional college-level education courses
2910 or a department-approved board-approved relevant examination
2911 review course as a condition of future eligibility to take that
2912 examination. If the applicant is delayed in taking the
2913 examination due to reserve or active duty service in the United
2914 States Armed Forces or National Guard, the applicant is allowed
2915 an additional two attempts to take the examination before the
2916 department board may require additional college-level education
2917 or review courses.
2918 (4)(2)(a) The department board may refuse to certify an
2919 applicant for failure to satisfy the requirement of good moral
2920 character only if:
2921 1. There is a substantial connection between the lack of
2922 good moral character of the applicant and the professional
2923 responsibilities of a licensed engineer; and
2924 2. The finding by the department board of lack of good
2925 moral character is supported by clear and convincing evidence.

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2926 (b) When an applicant is found to be unqualified for a
2927 license because of a lack of good moral character, the
2928 department board shall furnish the applicant a statement
2929 containing the findings of the department board, a complete
2930 record of the evidence upon which the determination was based,
2931 and a notice of the rights of the applicant to a rehearing and
2932 appeal.
2933 Section 88. Section 471.017, Florida Statutes, is amended
2934 to read:
2935 471.017 Renewal of license.—
2936 (1) The department management corporation shall renew a
2937 license upon receipt of the renewal application and fee.
2938 (2) The department board shall adopt rules establishing a
2939 procedure for the biennial renewal of licenses.
2940 (3)(a) The board shall require a demonstration of
2941 continuing professional competency of engineers as a condition
2942 of license renewal or relicensure. Every licensee must complete
2943 9 continuing education hours for each year of the license
2944 renewal period, totaling 18 continuing education hours for the
2945 license renewal period. For each renewal period for such
2946 continuing education:
2947 1. One hour must relate to this chapter and the rules
2948 adopted under this chapter.
2949 2. One hour must relate to professional ethics.
2950 3. Four hours must relate to the licensee's area of

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2951 practice.
2952 4. The remaining hours may relate to any topic pertinent
2953 to the practice of engineering.
2954
2955 Continuing education hours may be earned by presenting or
2956 attending seminars, in-house or nonclassroom courses, workshops,
2957 or professional or technical presentations made at meetings,
2958 webinars, conventions, or conferences, including those presented
2959 by vendors with specific knowledge related to the licensee's
2960 area of practice. Up to 4 hours may be earned by serving as an
2961 officer or actively participating on a committee of a board-
2962 recognized professional or technical engineering society. The 2
2963 required continuing education hours relating to this chapter,
2964 the rules adopted pursuant to this chapter, and ethics may be
2965 earned by serving as a member of the Legislature or as an
2966 elected state or local official. The hours required pursuant to
2967 s. 471.0195 may apply to any requirements of this section except
2968 for those required under subparagraph 1.
2969 (b) The board shall adopt rules that are substantially
2970 consistent with the most recent published version of the
2971 Continuing Professional Competency Guidelines of the National
2972 Council of Examiners for Engineering and Surveying, and shall
2973 allow nonclassroom hours to be credited. The board may, by rule,
2974 exempt from continuing professional competency requirements
2975 retired professional engineers who no longer sign and seal

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2976 engineering documents and licensees in unique circumstances that
2977 severely limit opportunities to obtain the required continuing
2978 education hours.
2979 Section 89. Subsections (1) and (2) of section 471.021,
2980 Florida Statutes, are amended to read:
2981 471.021 Engineers and firms of other states; temporary
2982 registration to practice in Florida.—
2983 (1) Upon approval of the department board and payment of
2984 the fee set in s. 471.011, the department management corporation
2985 shall issue a temporary registration for work on one specified
2986 project in this state for a period not to exceed 1 year to an
2987 engineer holding a certificate to practice in another state,
2988 provided Florida licensees are similarly permitted to engage in
2989 work in such state and provided that the engineer be qualified
2990 for licensure by endorsement.
2991 (2) Upon approval by the department board and payment of
2992 the fee set in s. 471.011, the department management corporation
2993 shall issue a temporary registration for work on one specified
2994 project in this state for a period not to exceed 1 year to an
2995 out-of-state corporation, partnership, or firm, provided one of
2996 the principal officers of the corporation, one of the partners
2997 of the partnership, or one of the principals in the fictitiously
2998 named firm has obtained a temporary registration in accordance
2999 with subsection (1).
3000 Section 90. Subsection (4) of section 471.023, Florida

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3001 Statutes, is amended to read:
3002 471.023 Qualification of business organizations.—
3003 (4) Each qualifying agent of a business organization
3004 qualified under this section must notify the department board
3005 within 30 days after any change in the information contained in
3006 the application upon which the qualification is based.
3007 (a) A qualifying agent who terminates an affiliation with
3008 a qualified business organization shall notify the department
3009 management corporation of such termination within 24 hours. If
3010 such qualifying agent is the only qualifying agent for that
3011 business organization, the business organization must be
3012 qualified by another qualifying agent within 60 days after the
3013 termination. Except as provided in paragraph (b), the business
3014 organization may not engage in the practice of engineering until
3015 it is qualified by another qualifying agent.
3016 (b) In the event a qualifying agent ceases employment with
3017 a qualified business organization and the qualifying agent is
3018 the only licensed individual affiliated with the business
3019 organization, the executive director of the department
3020 management corporation or the chair of the board may authorize
3021 another licensee employed by the business organization to
3022 temporarily serve as its qualifying agent for a period of no
3023 more than 60 days to proceed with incomplete contracts. The
3024 business organization is not authorized to operate beyond such
3025 period under this chapter absent replacement of the qualifying

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3026 agent.
3027 (c) A qualifying agent shall notify the department in
3028 writing before engaging in the practice of engineering in the
3029 licensee's name or in affiliation with a different business
3030 organization.
3031 Section 91. Subsections (1) and (2) of section 471.025,
3032 Florida Statutes, are amended to read:
3033 471.025 Seals.—
3034 (1) The department board shall prescribe, by rule, one or
3035 more forms of seal to be used by licensees. Each licensee shall
3036 obtain at least one seal in the form approved by rule of the
3037 department board and may, in addition, register his or her seal
3038 electronically in accordance with ss. 668.001-668.006. All final
3039 drawings, specifications, plans, reports, or documents prepared
3040 or issued by the licensee and being filed for public record and
3041 all final documents provided to the owner or the owner's
3042 representative shall be signed by the licensee, dated, and
3043 sealed with said seal. Such signature, date, and seal shall be
3044 evidence of the authenticity of that to which they are affixed.
3045 Drawings, specifications, plans, reports, final documents, or
3046 documents prepared or issued by a licensee may be transmitted
3047 electronically and may be signed by the licensee, dated, and
3048 sealed electronically with said seal in accordance with ss.
3049 668.001-668.006.
3050 (2) It is unlawful for any person to seal or digitally

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3051 sign any document with a seal or digital signature after his or
3052 her license has expired or been revoked or suspended, unless
3053 such license has been reinstated or reissued. When an engineer's
3054 license has been revoked or suspended by the department board,
3055 the licensee shall, within a period of 30 days after the
3056 revocation or suspension has become effective, surrender his or
3057 her seal to the executive director of the department board and
3058 confirm to the department executive director the cancellation of
3059 the licensee's digital signature in accordance with ss. 668.001-
3060 668.006. In the event the engineer's license has been suspended
3061 for a period of time, his or her seal shall be returned to him
3062 or her upon expiration of the suspension period.
3063 Section 92. Paragraphs (b) and (d) of subsection (1) of
3064 section 471.031, Florida Statutes, are amended to read:
3065 471.031 Prohibitions; penalties.—
3066 (1) A person may not:
3067 (b)1. Except as provided in subparagraph 2. or
3068 subparagraph 3., use the name or title "professional engineer"
3069 or any other title, designation, words, letters, abbreviations,
3070 or device tending to indicate that such person holds an active
3071 license as an engineer when the person is not licensed under
3072 this chapter, including, but not limited to, the following
3073 titles: "agricultural engineer," "air-conditioning engineer,"
3074 "architectural engineer," "building engineer," "chemical
3075 engineer," "civil engineer," "control systems engineer,"

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3076 "electrical engineer," "environmental engineer," "fire
3077 protection engineer," "industrial engineer," "manufacturing
3078 engineer," "mechanical engineer," "metallurgical engineer,"
3079 "mining engineer," "minerals engineer," "marine engineer,"
3080 "nuclear engineer," "petroleum engineer," "plumbing engineer,"
3081 "structural engineer," "transportation engineer," "software
3082 engineer," "computer hardware engineer," or "systems engineer."
3083 2. Any person who is exempt from licensure under s.
3084 471.003(2)(j) may use the title or personnel classification of
3085 "engineer" in the scope of his or her work under that exemption
3086 if the title does not include or connote the term "professional
3087 engineer," "registered engineer," "licensed engineer,"
3088 "registered professional engineer," or "licensed professional
3089 engineer."
3090 3. Any person who is exempt from licensure under s.
3091 471.003(2)(c) or (e) may use the title or personnel
3092 classification of "engineer" in the scope of his or her work
3093 under that exemption if the title does not include or connote
3094 the term "professional engineer," "registered engineer,"
3095 "licensed engineer," "registered professional engineer," or
3096 "licensed professional engineer" and if that person is a
3097 graduate from an approved engineering curriculum of 4 years or
3098 more in a school, college, or university which has been approved
3099 by the department board.
3100 (d) Give false or forged evidence to the department board

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3101 or a member thereof.
3102 Section 93. Paragraphs (a) and (k) of subsection (1) and
3103 subsections (2), (3), and (4) of section 471.033, Florida
3104 Statutes, are amended to read:
3105 471.033 Disciplinary proceedings.—
3106 (1) The following acts constitute grounds for which the
3107 disciplinary actions in subsection (3) may be taken:
3108 (a) Violating any provision of s. 455.227(1), s. 471.025,
3109 or s. 471.031, or any other provision of this chapter or rule of
3110 the board or department.
3111 (k) Violating any order of the board or department
3112 previously entered in a disciplinary hearing.
3113 (2) The department board shall specify, by rule, what acts
3114 or omissions constitute a violation of subsection (1).
3115 (3) When the department board finds any person guilty of
3116 any of the grounds set forth in subsection (1), it may enter an
3117 order imposing one or more of the following penalties:
3118 (a) Denial of an application for licensure.
3119 (b) Revocation or suspension of a license.
3120 (c) Imposition of an administrative fine not to exceed
3121 $5,000 for each count or separate offense.
3122 (d) Issuance of a reprimand.
3123 (e) Placement of the licensee on probation for a period of
3124 time and subject to such conditions as the department board may
3125 specify.

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3126 (f) Restriction of the authorized scope of practice by the
3127 licensee.
3128 (g) Restitution.
3129 (4) The department management corporation shall reissue
3130 the license of a disciplined engineer or business upon
3131 certification by the department board that the disciplined
3132 person has complied with all of the terms and conditions set
3133 forth in the final order.
3134 Section 94. Section 471.045, Florida Statutes, is amended
3135 to read:
3136 471.045 Professional engineers performing building code
3137 inspector duties.—Notwithstanding any other provision of law, a
3138 person who is currently licensed under this chapter to practice
3139 as a professional engineer may provide building code inspection
3140 services described in s. 468.603(4) and (7) s. 468.603(5) and
3141 (8) to a local government or state agency upon its request,
3142 without being certified by the Florida Building Code
3143 Administrators and Inspectors licensing program Board under part
3144 XII of chapter 468. When performing these building code
3145 inspection services, the professional engineer is subject to the
3146 disciplinary guidelines of this chapter and s. 468.621(1)(c)-
3147 (h). Any complaint processing, investigation, and discipline
3148 that arise out of a professional engineer's performing building
3149 code inspection services shall be conducted by the department
3150 Board of Professional Engineers rather than the Florida Building

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3151 Code Administrators and Inspectors Board. A professional
3152 engineer may not perform plans review as an employee of a local
3153 government upon any job that the professional engineer or the
3154 professional engineer's company designed.
3155 Section 95. Subsections (1), (2), and (5) of section
3156 471.055, Florida Statutes, are amended to read:
3157 471.055 Structural Engineering Recognition Program for
3158 Professional Engineers.—
3159 (1) The department board shall establish the Structural
3160 Engineering Recognition Program for Professional Engineers to
3161 recognize professional engineers who specialize in structural
3162 engineering and have gone above and beyond the required minimum
3163 professional engineer licensing standards. The department board
3164 shall establish minimum requirements to receive recognition
3165 through the program. The department board must recognize any
3166 licensed professional engineer who has successfully passed the
3167 National Council of Examiners for Engineering and Surveying
3168 Structural Engineering 16-hour PE Structural examination or any
3169 other examination approved by the department board. In addition,
3170 the department board may recognize any licensed professional
3171 engineer who specializes in structural engineering based on
3172 alternative criteria determined by the department board.
3173 (2) Upon application to the department board, a
3174 professional engineer who has the minimum program requirements
3175 shall be recognized as a professional engineer who has gone

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3176 above and beyond in the field of structural engineering. The
3177 department board may not collect a fee for such application or
3178 for recognition by the program.
3179 (5) The department board shall adopt rules to implement
3180 this section.
3181 Section 96. Subsection (4) of section 472.003, Florida
3182 Statutes, is amended to read:
3183 472.003 Persons not affected by ss. 472.001-472.037.—
3184 Sections 472.001-472.037 do not apply to:
3185 (4) Persons employed by county property appraisers, as
3186 defined at s. 192.001(3), and persons employed by the Department
3187 of Revenue, to prepare maps for property appraisal purposes
3188 only, but only to the extent that they perform mapping services
3189 which do not include any surveying activities as described in s.
3190 472.005(3)(a) and (b) s. 472.005(4)(a) and (b).
3191 Section 97. Subsection (1) of section 472.005, Florida
3192 Statutes, is amended to read:
3193 472.005 Definitions.—As used in ss. 472.001-472.037:
3194 (1) "Board" means the Board of Professional Surveyors and
3195 Mappers.
3196 Section 98. Subsections (2) through (9) of section
3197 473.302, Florida Statutes, are renumbered as subsections (1)
3198 through (8), respectively, and subsection (1), paragraph (c) of
3199 present subsection (8), and present subsection (9) of that
3200 section are amended, to read:

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3201 473.302 Definitions.—As used in this chapter, the term:
3202 (1) "Board" means the Board of Accountancy.
3203 (7)(8) "Practice of," "practicing public accountancy," or
3204 "public accounting" means:
3205 (c) Offering to perform or performing for the public one
3206 or more types of service involving the preparation of financial
3207 statements not included within paragraph (a), by a certified
3208 public accountant who holds an active license, issued pursuant
3209 to this chapter, or who is authorized to practice public
3210 accounting pursuant to the practice privileges granted in s.
3211 473.3141; by a firm of certified public accountants; or by a
3212 firm in which a certified public accountant has an ownership
3213 interest, including the performance of such services in the
3214 employ of another person. The department board shall adopt rules
3215 establishing standards of practice for such reports and
3216 financial statements; provided, however, that nothing in this
3217 paragraph shall be construed to permit the department board to
3218 adopt rules that have the result of prohibiting Florida
3219 certified public accountants employed by unlicensed firms from
3220 preparing financial statements as authorized by this paragraph;
3221 or
3222 (8)(9) "Uniform Accountancy Act" means the Uniform
3223 Accountancy Act, Eighth Edition, dated January 2018 and
3224 published by the American Institute of Certified Public
3225 Accountants and the National Association of State Boards of

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3226 Accountancy.
3227
3228 However, these terms may shall not include services provided by
3229 the American Institute of Certified Public Accountants or the
3230 Florida Institute of Certified Public Accountants, or any full
3231 service association of certified public accounting firms whose
3232 plans of administration have been approved by the department
3233 board, to their members or services performed by these entities
3234 in reviewing the services provided to the public by members of
3235 these entities.
3236 Section 99. Section 473.3035, Florida Statutes, is amended
3237 to read:
3238 473.3035 Division of Certified Public Accounting.—
3239 (1) All services concerning this chapter, including, but
3240 not limited to, recordkeeping services, examination services,
3241 legal services, and investigative services, and those services
3242 in chapter 455 necessary to perform the duties of this chapter
3243 shall be provided by the Division of Certified Public
3244 Accounting. The department board may, by majority vote, delegate
3245 a duty or duties to the appropriate division within the
3246 department. The department board may, by majority vote, rescind
3247 any such delegation of duties at any time.
3248 (2) The Division of Certified Public Accounting shall be
3249 funded by fees and assessments of the department board, and
3250 funds collected by the department board shall be used only to

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3251 fund public accounting regulation. Funding for the Division of
3252 Certified Public Accounting shall be governed by ss. 215.37 and
3253 455.219.
3254 Section 100. Section 473.304, Florida Statutes, is amended
3255 to read:
3256 473.304 Rules of department board; powers and duties;
3257 legal services.—
3258 (1) The department board shall adopt rules pursuant to ss.
3259 120.536(1) and 120.54 to implement the provisions of this act.
3260 Every certified public accountant and firm shall be governed and
3261 controlled by this act and the rules adopted by the department
3262 board.
3263 (2) Subject to the prior approval of the Attorney General,
3264 the department board may retain independent legal counsel to
3265 provide legal advice to the department board on a specific
3266 matter.
3267 (3) An attorney employed or used by the department board
3268 may not both prosecute a matter and provide legal services to
3269 the department board with respect to the same matter.
3270 Section 101. Section 473.305, Florida Statutes, is amended
3271 to read:
3272 473.305 Fees.—The department board, by rule, may establish
3273 fees to be paid for applications, examination, reexamination,
3274 licensing and renewal, reinstatement, and recordmaking and
3275 recordkeeping. The fee for the examination shall be established

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3276 at an amount that covers the costs for the procurement or
3277 development, administration, grading, and review of the
3278 examination. The fee for the examination is refundable if the
3279 applicant is found to be ineligible to sit for the examination.
3280 The fee for initial application is nonrefundable, and the
3281 combined fees for application and examination may not exceed
3282 $250 plus the actual per applicant cost to the department for
3283 purchase of the examination from the American Institute of
3284 Certified Public Accountants or a similar national organization.
3285 The biennial renewal fee may not exceed $250. The department
3286 board may also establish, by rule, a reactivation fee, and a
3287 delinquency fee not to exceed $50 for continuing professional
3288 education reporting forms. The department board shall establish
3289 fees which are adequate to ensure the continued operation of the
3290 department board and to fund the proportionate expenses incurred
3291 by the department which are allocated to the regulation of
3292 public accountants. Fees shall be based on department estimates
3293 of the revenue required to implement this chapter and the
3294 provisions of law with respect to the regulation of certified
3295 public accountants.
3296 Section 102. Paragraph (b) of subsection (3) and
3297 subsections (4), (5), and (6) of section 473.306, Florida
3298 Statutes, are amended to read:
3299 473.306 Examinations.—
3300 (3) An applicant is entitled to take the licensure

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3301 examination to practice in this state as a certified public
3302 accountant if:
3303 (b) The applicant shows that she or he has good moral
3304 character. For purposes of this paragraph, the term "good moral
3305 character" has the same meaning as provided in s. 473.308(6)(a)
3306 s. 473.308(7)(a). The department board may refuse to allow an
3307 applicant to take the licensure examination for failure to
3308 satisfy this requirement if:
3309 1. The department board finds a reasonable relationship
3310 between the lack of good moral character of the applicant and
3311 the professional responsibilities of a certified public
3312 accountant; and
3313 2. The finding by the department board of lack of good
3314 moral character is supported by competent substantial evidence.
3315
3316 If an applicant is found pursuant to this paragraph to be
3317 unqualified to take the licensure examination because of a lack
3318 of good moral character, the department board shall furnish to
3319 the applicant a statement containing the findings of the
3320 department board, a complete record of the evidence upon which
3321 the determination was based, and a notice of the rights of the
3322 applicant to a rehearing and appeal.
3323 (4) The department board shall have the authority to
3324 establish the standards for determining and shall determine:
3325 (a) What constitutes a passing grade for each subject or

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3326 part of the licensure examination;
3327 (b) Which educational institutions, in addition to the
3328 universities in the State University System of Florida, shall be
3329 deemed to be accredited colleges or universities;
3330 (c) What courses and number of hours constitute a major in
3331 accounting; and
3332 (d) What courses and number of hours constitute additional
3333 accounting courses acceptable under s. 473.308(4).
3334 (5) The department board may adopt an alternative
3335 licensure examination for persons who have been licensed to
3336 practice public accountancy or its equivalent in a foreign
3337 country so long as the International Qualifications Appraisal
3338 Board of the National Association of State Boards of Accountancy
3339 has ratified an agreement with that country for reciprocal
3340 licensure.
3341 (6) For the purposes of maintaining the proper educational
3342 qualifications for licensure under this chapter, the department
3343 board may appoint an Educational Advisory Committee, which shall
3344 be composed of one member of the department board, two persons
3345 in public practice who are licensed under this chapter, and four
3346 academicians on faculties of universities in this state.
3347 Section 103. Subsections (1), (2), and (3) of section
3348 473.309, Florida Statutes, are amended to read:
3349 473.309 Practice requirements for partnerships,
3350 corporations, and limited liability companies; business entities

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3351 practicing public accounting.—
3352 (1) A partnership may not engage in the practice of public
3353 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or
3354 meet the requirements of s. 473.3101(1)(b), unless:
3355 (a) It is a form of partnership recognized by Florida law.
3356 (b) Partners owning at least 51 percent of the financial
3357 interest and voting rights of the partnership are certified
3358 public accountants in some state. However, each partner who is a
3359 certified public accountant in another state and is domiciled in
3360 this state must be a certified public accountant of this state
3361 and hold an active license.
3362 (c) At least one general partner is a certified public
3363 accountant of this state and holds an active license or, in the
3364 case of a firm that must have a license pursuant to s.
3365 473.3101(1)(c), at least one general partner is a certified
3366 public accountant in some state and meets the requirements of s.
3367 473.3141(1) s. 473.3141(1)(a) or (b).
3368 (d) All partners who are not certified public accountants
3369 in any state are engaged in the business of the partnership as
3370 their principal occupation.
3371 (e) It is in compliance with rules adopted by the
3372 department board pertaining to minimum capitalization, letters
3373 of credit, and adequate public liability insurance.
3374 (2) A corporation may not engage in the practice of public
3375 accounting, as defined in s. 473.302(7)(a) s. 473.302(8)(a), or

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3376 meet the requirements of s. 473.3101(1)(b), unless:
3377 (a) It is a corporation duly organized in this or some
3378 other state.
3379 (b) Shareholders of the corporation owning at least 51
3380 percent of the financial interest and voting rights of the
3381 corporation are certified public accountants in some state and
3382 are principally engaged in the business of the corporation.
3383 However, each shareholder who is a certified public accountant
3384 in another state and is domiciled in this state must be a
3385 certified public accountant of this state and hold an active
3386 license.
3387 (c) The principal officer of the corporation is a
3388 certified public accountant in some state.
3389 (d) At least one shareholder of the corporation is a
3390 certified public accountant and holds an active license in this
3391 state or, in the case of a firm that must have a license
3392 pursuant to s. 473.3101(1)(c), at least one shareholder is a
3393 certified public accountant in some state and meets the
3394 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
3395 (e) All shareholders who are not certified public
3396 accountants in any state are engaged in the business of the
3397 corporation as their principal occupation.
3398 (f) It is in compliance with rules adopted by the
3399 department board pertaining to minimum capitalization, letters
3400 of credit, and adequate public liability insurance.

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3401 (3) A limited liability company may not engage in the
3402 practice of public accounting, as defined in s. 473.302(7)(a) s.
3403 473.302(8)(a), or meet the requirements of s. 473.3101(1)(b),
3404 unless:
3405 (a) It is a limited liability company duly organized in
3406 this or some other state.
3407 (b) Members of the limited liability company owning at
3408 least 51 percent of the financial interest and voting rights of
3409 the company are certified public accountants in some state.
3410 However, each member who is a certified public accountant in
3411 some state and is domiciled in this state must be a certified
3412 public accountant of this state and hold an active license.
3413 (c) At least one member of the limited liability company
3414 is a certified public accountant and holds an active license in
3415 this state or, in the case of a firm that must have a license
3416 pursuant to s. 473.3101(1)(c), at least one member is a
3417 certified public accountant in some state and meets the
3418 requirements of s. 473.3141(1) s. 473.3141(1)(a) or (b).
3419 (d) All members who are not certified public accountants
3420 in any state are engaged in the business of the company as their
3421 principal occupation.
3422 (e) It is in compliance with rules adopted by the
3423 department board pertaining to minimum capitalization, letters
3424 of credit, and adequate public liability insurance.
3425 (f) It is currently licensed as required by s. 473.3101.

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3426 Section 104. Subsections (1) and (4) of section 473.3101,
3427 Florida Statutes, are amended to read:
3428 473.3101 Licensure of firms or public accounting firms.—
3429 (1) The following must hold a license issued under this
3430 section:
3431 (a) Any firm with an office in this state which performs
3432 services as defined in s. 473.302(7)(a) s. 473.302(8)(a);
3433 (b) Any firm with an office in this state which uses the
3434 title "CPA," "CPA firm," or any other title, designation, words,
3435 letters, abbreviations, or device tending to indicate that it is
3436 a CPA firm. The department board shall define by rule what
3437 constitutes a CPA firm; or
3438 (c)1. Any firm that does not have an office in this state
3439 but performs the services described in s. 473.3141(4) for a
3440 client having its home office in this state, unless it:
3441 a. Complies with the qualifications described in s.
3442 473.309.
3443 b. Is enrolled in a peer review program pursuant to s.
3444 473.3125(4).
3445 c. Performs services through an individual with practice
3446 privileges under s. 473.3141.
3447 d. Lawfully performs services in a state where an
3448 individual with practice privileges granted under s. 473.3141
3449 has his or her principal place of business.
3450 2. The department board shall define by rule what

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3451 constitutes an office.
3452 (4) The department board shall determine whether the firm
3453 or public accounting firm meets the requirements for practice
3454 and, pending that determination, may certify to the department
3455 the firm or public accounting firm for provisional licensure.
3456 Section 105. Subsection (1) of section 473.311, Florida
3457 Statutes, is amended to read:
3458 473.311 Renewal of license.—
3459 (1)(a) The department shall renew a license issued under
3460 s. 473.308 upon receipt of the renewal application and fee and
3461 upon certification by the board that the Florida certified
3462 public accountant has satisfactorily completed the continuing
3463 education requirements of s. 473.312.
3464 (b) A nonresident licensee seeking renewal of a license in
3465 this state shall be determined to have met the continuing
3466 education requirements in s. 473.312, except for the
3467 requirements in s. 473.312(1)(c), if the licensee has complied
3468 with the continuing education requirements applicable in the
3469 state in which his or her office is located. If the state in
3470 which the nonresident licensee's office is located has no
3471 continuing education requirements for license renewals, the
3472 nonresident licensee must comply with the continuing education
3473 requirements in s. 473.312.
3474 Section 106. Paragraph (a) of subsection (1), and
3475 subsections (2), (3), and (4) of section 473.3125, Florida

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3476 Statutes, are amended to read:
3477 473.3125 Peer review.—
3478 (1) As used in this section, the term:
3479 (a) "Licensee" means a licensed firm or public accounting
3480 firm as defined in s. 473.302 s. 473.302(7) and engaged in the
3481 practice of public accounting as defined in s. 473.302(7)(a) s.
3482 473.302(8)(a) that is required to be licensed under s. 473.3101.
3483 (2) The department board shall adopt rules establishing
3484 minimum standards for peer review programs, including, but not
3485 limited to, standards for administering, performing, and
3486 reporting peer reviews. The department board shall also adopt
3487 rules establishing minimum criteria for the department's board's
3488 approval of one or more organizations that facilitate and
3489 administer peer review programs.
3490 (3) For the purposes of maintaining oversight of the
3491 license renewal requirements of s. 473.311(2), the department
3492 board may establish a peer review oversight committee, which
3493 shall be composed of at least three, but no more than five,
3494 members who are licensed under this chapter and whose firms are
3495 subject to s. 473.311(2) and have received a review rating of
3496 "pass" on the most recent peer review.
3497 (4) Effective January 1, 2015, a licensed firm or public
3498 accounting firm as defined in s. 473.302 s. 473.302(7) and
3499 licensed under s. 473.3101 and engaged in the practice of public
3500 accounting as defined in s. 473.302(7)(a) s. 473.302(8)(a),

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3501 except for the performance of compilations and reviews as those
3502 terms are defined by the department board, must be enrolled in a
3503 peer review program.
3504 Section 107. Section 473.313, Florida Statutes, is amended
3505 to read:
3506 473.313 Inactive status; retired status.—
3507 (1) A Florida certified public accountant may request that
3508 her or his license be placed in an inactive status by making
3509 application to the department. The department board may
3510 prescribe by rule fees for placing a license on inactive status,
3511 renewal of inactive status, and reactivation of an inactive
3512 license.
3513 (a) A license that has become inactive under this
3514 subsection or for failure to complete the requirements in s.
3515 473.312 may be reactivated under s. 473.311 upon application to
3516 the department. The board may prescribe by rule continuing
3517 education requirements as a condition of reactivating a license.
3518 The maximum continuing education requirements for reactivating a
3519 license are 120 hours, including at least 30 hours in
3520 accounting-related and auditing-related subjects, not more than
3521 30 hours in behavioral subjects, and a minimum of 8 hours in
3522 ethics subjects approved by the board, for the reactivation of a
3523 license that is inactive or delinquent.
3524 (b) A license that is delinquent for failure to report
3525 completion of the requirements in s. 473.312 may be reactivated

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3526 under s. 473.311 upon application to the department.
3527 Reactivation requires the payment of an application fee as
3528 determined by the board and certification by the Florida
3529 certified public accountant that the applicant satisfactorily
3530 completed the continuing education requirements set forth under
3531 s. 473.311. If the license is delinquent on January 1 because of
3532 failure to report completed continuing education requirements,
3533 the applicant must submit a complete application to the board by
3534 March 15 immediately after the delinquent period.
3535 (a)(c) Any Florida certified public accountant holding an
3536 inactive license may be permitted to reactivate such license in
3537 a conditional manner. The conditions of reactivation shall
3538 require the payment of fees and the completion of required
3539 continuing education.
3540 (b)(d) Notwithstanding the provisions of s. 455.271, the
3541 department board may, at its discretion, reinstate the license
3542 of an individual whose license has become null and void if the
3543 individual has made a good faith effort to comply with this
3544 section but has failed to comply because of illness or unusual
3545 hardship. The individual shall apply to the department board for
3546 reinstatement in a manner prescribed by rules of the department
3547 board and shall pay an application fee in an amount determined
3548 by rule of the department board. The department board shall
3549 require that the individual meet all continuing education
3550 requirements as provided in paragraph (a), pay appropriate

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3551 licensing fees, and otherwise be eligible for renewal of
3552 licensure under this chapter.
3553 (2) A Florida certified public accountant who is at least
3554 65 years of age, currently holds an active or inactive license
3555 in good standing under this chapter, and is not the subject of
3556 any sanction or disciplinary action may request that her or his
3557 license be placed on retired status by making application to the
3558 department. The department board may prescribe by rule the
3559 application for placing a license on retired status, which must
3560 state that the applicant has no association with accounting or
3561 any of the services described in s. 473.302 s. 473.302(8). If a
3562 licensee who has been granted retired status reenters the
3563 workforce in a position that has an association with accounting
3564 or any of the services described in s. 473.302 s. 473.302(8),
3565 the licensee automatically loses her or his retired status.
3566 (a) A retired licensee may, without losing her or his
3567 retired status, serve without compensation on a board of
3568 directors or board of trustees, provide volunteer tax
3569 preparation services, participate in a government-sponsored
3570 business mentoring program such as the Internal Revenue
3571 Service's Volunteer Income Tax Assistance program or the Small
3572 Business Administration's SCORE program, or participate in an
3573 advisory role for a similar charitable, civic, or other non-
3574 profit organization.
3575 (b) The department board shall require a retired licensee

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3576 to affirm in writing her or his understanding of the limited
3577 types of activities in which she or he may engage while in
3578 retired status and that she or he has a professional duty to
3579 ensure that she or he holds the professional competencies
3580 necessary to participate in such activities.
3581 (c) A retired licensee may accept routine reimbursement
3582 for actual costs of travel and meals associated with volunteer
3583 services or de minimis per diem amounts paid to the licensee to
3584 cover such expenses as allowed by law.
3585 (d) A retired licensee may use the title of "retired CPA"
3586 on any business card or letterhead or any other printed or
3587 electronic document. However, such title must not be applied in
3588 such a manner that could confuse the public as to the current
3589 status of the licensee. The licensee is not required to have a
3590 certificate issued with the word "retired" on the certificate.
3591 (e) A retired licensee is not required to maintain the
3592 continuing education requirements under s. 473.312.
3593 (e)(f) A retired licensee may not offer or render
3594 professional services that require her or his signature and the
3595 use of the CPA title, regardless of whether "retired" is
3596 attached to such title.
3597 (f)(g) A retired licensee may be permitted to reactivate
3598 her or his license in a conditional manner as determined by the
3599 department board. The conditions of reactivation must require
3600 the payment of fees and the completion of required continuing

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3601 education. The department board may prescribe by rule an
3602 application for reactivating a license placed on retired status
3603 and continuing education requirements as a condition of
3604 reactivating a license placed on retired status. The minimum
3605 continuing education requirements for reactivating a license
3606 placed on retired status are those of the most recent biennium
3607 plus one-half of the requirements in s. 473.312 for each
3608 biennium or part thereof during which the license was on retired
3609 status.
3610
3611 For the purposes of this subsection, the term "retired licensee"
3612 means a licensee whose license has been placed in retired status
3613 by the department.
3614 Section 108. Subsections (1), (2), and (4) of section
3615 473.314, Florida Statutes, are amended to read:
3616 473.314 Temporary license.—
3617 (1) The department board shall adopt rules providing for
3618 the issuance of temporary licenses to certified public
3619 accountants or firms of other states who do not meet the
3620 requirements of s. 473.3141, for the purpose of enabling them or
3621 their employees to perform specific engagements involving the
3622 practice of public accountancy in this state. No temporary
3623 license shall be valid for more than 90 days after its issuance,
3624 and no license shall cover more than one engagement. After the
3625 expiration of 90 days, a new license shall be required.

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3626 (2) Each application for a temporary license shall state
3627 the names of all persons who are to enter this state and shall
3628 be accompanied by a fee in an amount established by the
3629 department board not to exceed $400.
3630 (4) Upon certification of the applicant by the department
3631 board, the department shall issue a temporary license to the
3632 applicant.
3633 Section 109. Subsections (3) and (4) of section 473.315,
3634 Florida Statutes, are amended to read:
3635 473.315 Independence, technical standards.—
3636 (3) The department board shall adopt rules establishing
3637 the standards of practice of public accounting, including, but
3638 not limited to, independence, competence, and technical
3639 standards.
3640 (4) Attorneys who are admitted to practice law by the
3641 Supreme Court of Florida are exempt from the standards of
3642 practice of public accounting as defined in s. 473.302(7)(b) and
3643 (c) s. 473.302(8)(b) and (c) when such standards conflict with
3644 the rules of The Florida Bar or orders of the Florida Supreme
3645 Court.
3646 Section 110. Subsections (5) and (6) of section 473.316,
3647 Florida Statutes, are amended to read:
3648 473.316 Communications between the accountant and client
3649 privileged.—
3650 (5) Communications are not privileged from disclosure in

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3651 any disciplinary investigation or proceeding conducted pursuant
3652 to this act by the department or before the department board or
3653 in any judicial review of such a proceeding. In any such
3654 proceeding, a certified public accountant or public accountant,
3655 without the consent of her or his client, may testify with
3656 respect to any communication between the accountant and the
3657 accountant's client or be compelled, pursuant to a subpoena of
3658 the department or the board, to testify or produce records,
3659 books, or papers. Such a communication disclosed to the
3660 department board and records of the department board relating to
3661 the communication shall for all other purposes and proceedings
3662 be a privileged communication in all of the courts of this
3663 state.
3664 (6) The proceedings, records, and workpapers of a review
3665 committee are privileged and are not subject to discovery,
3666 subpoena, or other means of legal process or to introduction
3667 into evidence in a civil action or arbitration, administrative
3668 proceeding, or state accountancy board proceeding. A member of a
3669 review committee or person who was involved in a quality review
3670 may not testify in a civil action or arbitration, administrative
3671 proceeding, or state accountancy board proceeding as to any
3672 matter produced or disclosed during the quality review or as to
3673 any findings, recommendations, evaluations, opinions, or other
3674 actions of the review committee or any members thereof. Public
3675 records and materials prepared for a particular engagement are

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3676 not privileged merely because they were presented during the
3677 quality review. This privilege does not apply to disputes
3678 between a review committee and a person subject to a quality
3679 review.
3680 Section 111. Section 473.319, Florida Statutes, is amended
3681 to read:
3682 473.319 Contingent fees.—Public accounting services as
3683 defined in s. 473.302(7)(a) and (c) s. 473.302(8)(a) and (c),
3684 and those that include tax filings with federal, state, or local
3685 government, may shall not be offered or rendered for a fee
3686 contingent upon the findings or results of such service. This
3687 section does not apply to services involving federal, state, or
3688 other taxes in which the findings are those of the tax
3689 authorities and not those of the certified public accountant or
3690 firm. Fees to be fixed by courts or other public authorities,
3691 which are of an indeterminate amount at the time a public
3692 accounting service is undertaken, may shall not be regarded as
3693 contingent fees for purposes of this section.
3694 Section 112. Section 473.3205, Florida Statutes, is
3695 amended to read:
3696 473.3205 Commissions or referral fees.—A certified public
3697 accountant or firm may not accept or pay a commission or
3698 referral fee in connection with the sale or referral of public
3699 accounting services as defined in s. 473.302(7)(a) and (c) s.
3700 473.302(8)(a) and (c). Any certified public accountant or firm

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3701 that is engaged in the practice of public accounting and that
3702 accepts a commission for the sale of a product or service to a
3703 client must disclose that fact to the client in writing in
3704 accordance with rules adopted by the department board. However,
3705 this section may shall not prohibit:
3706 (1) Payments for the purchase of an accounting practice;
3707 (2) Retirement payments to individuals formerly engaged in
3708 the practice of public accounting or payments to their heirs or
3709 estates; or
3710 (3) Payment of fees to a referring certified public
3711 accountant or firm for public accounting services to the
3712 successor certified public accountant or firm or the client in
3713 connection with an engagement.
3714 Section 113. Subsection (3) of section 473.321, Florida
3715 Statutes, is amended to read:
3716 473.321 Fictitious names.—
3717 (3) The department board shall adopt rules for
3718 interpretation of this section.
3719 Section 114. Paragraphs (c) and (e) of subsection (1) of
3720 section 473.322, Florida Statutes, are amended to read:
3721 473.322 Prohibitions; penalties.—
3722 (1) A person may not knowingly:
3723 (c) Perform or offer to perform any services described in
3724 s. 473.302(7)(a) or (d) s. 473.302(8)(a) or (d) unless such
3725 person holds an active license under this chapter and is a

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3726 licensed firm, provides such services through a licensed firm,
3727 or complies with ss. 473.3101 and 473.3141. This paragraph does
3728 not prohibit the performance by persons other than certified
3729 public accountants of other services involving the use of
3730 accounting skills, including the preparation of tax returns and
3731 the preparation of financial statements without expression of
3732 opinion thereon;
3733 (e) Give false or forged evidence to the department board
3734 or a member thereof;
3735 Section 115. Paragraph (m) of subsection (1) and
3736 subsections (2), (3), and (4) of section 473.323, Florida
3737 Statutes, are amended to read:
3738 473.323 Disciplinary proceedings.—
3739 (1) The following acts constitute grounds for which the
3740 disciplinary actions in subsection (3) may be taken:
3741 (m) Failing to provide any written disclosure to a client
3742 or the public which is required by this chapter or rule of the
3743 department board.
3744 (2) The department board shall specify, by rule, what acts
3745 or omissions constitute a violation of subsection (1).
3746 (3) When the department board finds any certified public
3747 accountant or firm guilty of any of the grounds set forth in
3748 subsection (1), it may enter an order imposing one or more of
3749 the following penalties:
3750 (a) Denial of an application for licensure.

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3751 (b) Revocation or suspension of the certified public
3752 accountant or firm's license or practice privileges in this
3753 state.
3754 (c) Imposition of an administrative fine not to exceed
3755 $5,000 for each count or separate offense.
3756 (d) Issuance of a reprimand.
3757 (e) Placement of the certified public accountant on
3758 probation for a period of time and subject to such conditions as
3759 the department board may specify, including requiring the
3760 certified public accountant to attend continuing education
3761 courses or to work under the supervision of another licensee.
3762 (f) Restriction of the authorized scope of practice by the
3763 certified public accountant.
3764 (4) The department shall reissue the license of a
3765 disciplined licensee upon certification by the department board
3766 that the disciplined licensee has complied with all of the terms
3767 and conditions set forth in the final order.
3768 Section 116. Subsections (2) of section 474.202, Florida
3769 Statutes, is amended to read:
3770 474.202 Definitions.—As used in this chapter:
3771 (2) "Board" means the Board of Veterinary Medicine.
3772 Section 117. Subsection (3) and paragraph (e) of
3773 subsection (4) of section 474.2021, Florida Statutes, are
3774 amended to read:
3775 474.2021 Veterinary telehealth.—

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3776 (3) The department board has jurisdiction over a
3777 veterinarian practicing veterinary telehealth, regardless of
3778 where the veterinarian's physical office is located. The
3779 practice of veterinary medicine is deemed to occur when the
3780 veterinarian, the patient, or both are located within this state
3781 at the time the veterinarian practices veterinary telehealth.
3782 (4) A veterinarian practicing veterinary telehealth:
3783 (e) Shall prescribe all drugs and medications in
3784 accordance with all federal and state laws and the following
3785 requirements:
3786 1. A veterinarian practicing veterinary telehealth may
3787 order, prescribe, or make available medicinal drugs or drugs
3788 specifically approved for use in animals by the United States
3789 Food and Drug Administration, the use of which conforms to the
3790 approved labeling. Prescriptions based solely on a telehealth
3791 evaluation may be issued for up to 1 year month for products
3792 labeled solely for flea and tick control and up to 14 days of
3793 treatment for other animal drugs. Prescriptions based solely on
3794 a telehealth evaluation may not be renewed without an in-person
3795 examination.
3796 2. A veterinarian practicing veterinary telehealth may not
3797 order, prescribe, or make available medicinal drugs or drugs as
3798 defined in s. 465.003 approved by the United States Food and
3799 Drug Administration for human use or compounded antibacterial,
3800 antifungal, antiviral, or antiparasitic medications, unless the

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3801 veterinarian has conducted an in-person physical examination of
3802 the animal or made medically appropriate and timely visits to
3803 the premises where the animal is kept.
3804 3. A veterinarian may not use veterinary telehealth to
3805 prescribe a controlled substance as defined in chapter 893
3806 unless the veterinarian has conducted an in-person physical
3807 examination of the animal or made medically appropriate and
3808 timely visits within the past year to the premises where the
3809 animal is kept.
3810 4. A veterinarian practicing veterinary telehealth may not
3811 prescribe a drug or other medication for use on a horse engaged
3812 in racing or training at a facility under the jurisdiction of
3813 the Florida Gaming Control Commission or on a horse that is a
3814 covered horse as defined in the federal Horseracing Integrity
3815 and Safety Act, 15 U.S.C. ss. 3051 et seq.;
3816 Section 118. Section 474.2065, Florida Statutes, is
3817 amended to read:
3818 474.2065 Fees.—The department board, by rule, shall
3819 establish fees for application and examination, reexamination,
3820 license renewal, inactive status, renewal of inactive status,
3821 license reactivation, periodic inspection of veterinary
3822 establishments, and duplicate copies of licenses, certificates,
3823 and permits. The fee for the initial application and examination
3824 may not exceed $650 plus the actual per applicant cost to the
3825 department for purchase of portions of the examination from the

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3826 Professional Examination Service for the American Veterinary
3827 Medical Association or a similar national organization. The fee
3828 for licensure by endorsement may not exceed $500. The fee for
3829 temporary licensure may not exceed $200. The department board
3830 shall establish fees that are adequate to ensure its continued
3831 operation and to fund the proportionate expenses incurred by the
3832 department which are allocated to the regulation of
3833 veterinarians. Fees shall be based on departmental estimates of
3834 the revenue required to administer this chapter and the
3835 provisions relating to the regulation of veterinarians.
3836 Section 119. Subsections (1) through (4) of section
3837 474.207, Florida Statutes, are amended to read:
3838 474.207 Licensure by examination.—
3839 (1) Any person desiring to be licensed as a veterinarian
3840 shall apply to the department to take a licensure examination.
3841 The department board may by rule adopt use of a national
3842 examination in lieu of part or all of the examination required
3843 by this section, with a reasonable passing score to be set by
3844 rule of the department board.
3845 (2) The department shall license each applicant who the
3846 board certifies has:
3847 (a) Completed the application form and remitted an
3848 examination fee set by the department board.
3849 (b)1. Graduated from a college of veterinary medicine
3850 accredited by the American Veterinary Medical Association

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3851 Council on Education; or
3852 2. Graduated from a college of veterinary medicine listed
3853 in the American Veterinary Medical Association Roster of
3854 Veterinary Colleges of the World and obtained a certificate from
3855 the Education Commission for Foreign Veterinary Graduates or the
3856 Program for the Assessment of Veterinary Education Equivalence.
3857 (c) Successfully completed the examination provided by the
3858 department for this purpose, or an examination determined by the
3859 department board to be equivalent.
3860 (d) Demonstrated knowledge of the laws and rules governing
3861 the practice of veterinary medicine in Florida in a manner
3862 designated by rules of the department board.
3863
3864 The department may shall not issue a license to any applicant
3865 who is under investigation in any state or territory of the
3866 United States or in the District of Columbia for an act which
3867 would constitute a violation of this chapter until the
3868 investigation is complete and disciplinary proceedings have been
3869 terminated, at which time the provisions of s. 474.214 shall
3870 apply.
3871 (3) Notwithstanding the provisions of paragraph (2)(b), an
3872 applicant shall be deemed to have met the education requirements
3873 for licensure upon submission of evidence that the applicant
3874 meets one of the following:
3875 (a) The applicant was certified for examination by the

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3876 board prior to October 1, 1989; or
3877 (b) The applicant immigrated to the United States after
3878 leaving her or his home country because of political reasons,
3879 provided such country is located in the Western Hemisphere and
3880 lacks diplomatic relations with the United States; and
3881 1. Was a Florida resident immediately preceding her or his
3882 application for licensure;
3883 2. Demonstrates to the department board, through
3884 submission of documentation verified by the applicant's
3885 respective professional association in exile, that she or he
3886 received a professional degree in veterinary medicine from a
3887 college or university located in the country from which she or
3888 he emigrated. However, the department board may not require
3889 receipt transcripts from the Republic of Cuba as a condition of
3890 eligibility under this section; and
3891 3. Lawfully practiced her or his profession for at least 3
3892 years.
3893 (4) Applicants certified for examination or reexamination
3894 under subsection (3) who fail the examination three times
3895 subsequent to October 1, 1989, shall be required to demonstrate
3896 to the department board that they meet the requirements of
3897 paragraph (2)(b) before prior to any further reexamination or
3898 certification for licensure.
3899 Section 120. Section 474.211, Florida Statutes, is amended
3900 to read:

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3901 474.211 Renewal of license.—
3902 (1) The department shall renew a license upon receipt of
3903 the renewal application and fee and an affidavit of compliance
3904 with continuing education requirements set by rule of the board.
3905 (2) The department shall adopt rules establishing a
3906 procedure for the biennial renewal of licenses.
3907 (3) The board may by rule prescribe continuing education,
3908 not to exceed 30 hours biennially, as a condition for renewal of
3909 a license or certificate. The criteria for such programs,
3910 providers, and courses shall be approved by the board.
3911 Section 121. Subsections (1), (2), and (3) of section
3912 474.2125, Florida Statutes, are amended to read:
3913 474.2125 Temporary license.—
3914 (1) The department board shall adopt rules providing for
3915 the issuance of a temporary license to a licensed veterinarian
3916 of another state for the purpose of enabling her or him to
3917 provide veterinary medical services in this state for the
3918 animals of a specific owner or, as may be needed in an emergency
3919 as defined in s. 252.34(4), for the animals of multiple owners,
3920 provided the applicant would qualify for licensure by
3921 endorsement under s. 474.217. No temporary license shall be
3922 valid for more than 30 days after its issuance, and no license
3923 shall cover more than the treatment of the animals of one owner
3924 except in an emergency as defined in s. 252.34(4). After the
3925 expiration of 30 days, a new license is required.

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3926 (2) Each application for a temporary license shall state
3927 the names of all persons who are to enter this state and shall
3928 be accompanied by a fee in an amount established by the
3929 department board.
3930 (3) Upon certification of the applicant by the department
3931 board, the department shall issue a temporary license to the
3932 applicant.
3933 Section 122. Paragraph (d) of subsection (1) of section
3934 474.213, Florida Statutes, is amended to read:
3935 474.213 Prohibitions; penalties.—
3936 (1) No person shall:
3937 (d) Give false or forged evidence to the department board
3938 or a member thereof for the purpose of obtaining a license;
3939 Section 123. Paragraphs (a), (f), (h), (j), (v), (aa),
3940 (ee), (jj), and (nn) of subsection (1) and subsections (2) and
3941 (3) of section 474.214, Florida Statutes, are amended to read:
3942 474.214 Disciplinary proceedings.—
3943 (1) The following acts shall constitute grounds for which
3944 the disciplinary actions in subsection (2) may be taken:
3945 (a) Attempting to procure a license to practice veterinary
3946 medicine by bribery, by fraudulent representations, or through
3947 an error of the department or the board.
3948 (f) Violating any provision of this chapter or chapter
3949 455, a rule of the board or department, or a lawful order of the
3950 board or department previously entered in a disciplinary

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3951 hearing, or failing to comply with a lawfully issued subpoena of
3952 the department.
3953 (h) Being unable to practice veterinary medicine with
3954 reasonable skill or safety to patients by reason of illness,
3955 drunkenness, use of drugs, narcotics, chemicals, or any other
3956 material or substance or as a result of any mental or physical
3957 condition. In enforcing this paragraph, upon a finding by the
3958 secretary, the secretary's designee, or the probable cause panel
3959 of the department board that probable cause exists to believe
3960 that the licensee is unable to practice the profession because
3961 of the reasons stated in this paragraph, the department shall
3962 have the authority to compel a licensee to submit to a mental or
3963 physical examination by a physician designated by the
3964 department. If the licensee refuses to comply with the
3965 department's order, the department may file a petition for
3966 enforcement in the circuit court of the circuit in which the
3967 licensee resides or does business. The licensee may shall not be
3968 named or identified by initials in any other public court
3969 records or documents and the enforcement proceedings shall be
3970 closed to the public. The department shall be entitled to the
3971 summary procedure provided in s. 51.011. A licensee affected
3972 under this paragraph shall be afforded an opportunity at
3973 reasonable intervals to demonstrate that she or he can resume
3974 the competent practice for which she or he is licensed with
3975 reasonable skill and safety to patients. Neither the record of

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3976 proceedings nor the orders entered by the department board in
3977 any proceedings under this paragraph shall be used against a
3978 licensee in any other proceedings.
3979 (j) Knowingly maintaining a professional connection or
3980 association with any person who is in violation of the
3981 provisions of this chapter or the rules of the board or
3982 department. However, if the licensee verifies that the person is
3983 actively participating in a department-approved board-approved
3984 program for the treatment of a physical or mental condition, the
3985 licensee is required only to report such person to the
3986 consultant.
3987 (v) Failing to keep the equipment and premises of the
3988 business establishment in a clean and sanitary condition, having
3989 a premises permit suspended or revoked pursuant to s. 474.215,
3990 or operating or managing premises that do not comply with
3991 requirements established by rule of the department board.
3992 (aa) Failing to report to the department any person the
3993 licensee knows to be in violation of this chapter or of the
3994 rules of the department or board. However, if the licensee
3995 verifies that the person is actively participating in a
3996 department-approved board-approved program for the treatment of
3997 a physical or mental condition, the licensee is required only to
3998 report such person to the consultant.
3999 (ee) Failing to keep contemporaneously written medical
4000 records as required by rule of the department board.

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4001 (jj) Failing to report to the department board within 30
4002 days, in writing, any action set forth in paragraph (b) that has
4003 been taken against the practitioner's license to practice
4004 veterinary medicine by any jurisdiction, including any agency or
4005 subdivision thereof.
4006 (nn) Failing to report a change of address to the
4007 department board within 60 days thereof.
4008 (2) When the department board finds any applicant or
4009 veterinarian guilty of any of the grounds set forth in
4010 subsection (1), regardless of whether the violation occurred
4011 before prior to licensure, it may enter an order imposing one or
4012 more of the following penalties:
4013 (a) Denial of certification for examination or licensure.
4014 (b) Revocation or suspension of a license.
4015 (c) Imposition of an administrative fine not to exceed
4016 $5,000 for each count or separate offense.
4017 (d) Issuance of a reprimand.
4018 (e) Placement of the veterinarian on probation for a
4019 period of time and subject to such conditions as the department
4020 board may specify, including requiring the veterinarian to
4021 attend continuing education courses or to work under the
4022 supervision of another veterinarian.
4023 (f) Restricting the authorized scope of practice.
4024 (g) Imposition of costs of the investigation and
4025 prosecution.

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4026 (h) Requiring the veterinarian to undergo remedial
4027 education.
4028
4029 In determining appropriate action, the department board must
4030 first consider those sanctions necessary to protect the public.
4031 Only after those sanctions have been imposed may the
4032 disciplining authority consider and include in its order
4033 requirements designed to rehabilitate the veterinarian. All
4034 costs associated with compliance with any order issued under
4035 this subsection are the obligation of the veterinarian.
4036 (3) The department shall reissue the license of a
4037 disciplined veterinarian upon certification by the department
4038 board that the disciplined veterinarian has complied with all of
4039 the terms and conditions set forth in the final order and is
4040 capable of competently and safely engaging in the practice of
4041 veterinary medicine.
4042 Section 124. Subsections (1), (5), (7), (8), and (9) of
4043 section 474.215, Florida Statutes, are amended to read:
4044 474.215 Premises permits.—
4045 (1) Any establishment, permanent or mobile, where a
4046 licensed veterinarian practices must have a premises permit
4047 issued by the department. Upon application and payment of a fee
4048 not to exceed $250, as set by rule of the board, the department
4049 shall cause such establishment to be inspected. A premises
4050 permit shall be issued if the establishment meets minimum

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4051 standards, to be adopted by rule of the department board, as to
4052 sanitary conditions, recordkeeping, equipment, radiation
4053 monitoring, services required, and physical plant.
4054 (5) The department may issue a temporary premises permit
4055 to a responsible veterinarian who has submitted the application
4056 fee and a completed application form affirming compliance with
4057 the standards set by rule of the department board. If the
4058 department inspects the establishment and discovers that it is
4059 not in compliance with the department's standards, the
4060 department shall notify the veterinarian in writing of the
4061 deficiencies and shall provide 30 days for correction of the
4062 deficiencies and reinspection. Such temporary permit shall
4063 become void upon notification by the department that the
4064 establishment has failed, after reinspection, to meet those
4065 standards. Upon receipt of such notice, the responsible
4066 veterinarian shall close the establishment until completion of a
4067 subsequent inspection affirming that the required standards have
4068 been met and until another permit has been issued by the
4069 department.
4070 (7) The department board by rule shall establish minimum
4071 standards for the operation of limited service veterinary
4072 medical practices. Such rules may shall not restrict limited
4073 service veterinary medical practices and shall be consistent
4074 with the type of limited veterinary medical service provided.
4075 (a) Any person that offers or provides limited service

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4076 veterinary medical practice shall obtain a biennial permit from
4077 the department board the cost of which may shall not exceed
4078 $250. The limited service permittee shall register each location
4079 where a limited service clinic is held and shall pay a fee set
4080 by rule not to exceed $25 to register each such location.
4081 (b) All permits issued under this subsection are subject
4082 to the provisions of ss. 474.213 and 474.214.
4083 (c) Notwithstanding any provision of this subsection to
4084 the contrary, any temporary rabies vaccination effort operated
4085 by a county health department in response to a public health
4086 threat, as declared by the State Health Officer in consultation
4087 with the State Veterinarian, is not subject to any
4088 preregistration, time limitation, or fee requirements, but must
4089 adhere to all other requirements for limited service veterinary
4090 medical practice as prescribed by rule. The fee charged to the
4091 public for a rabies vaccination administered during such
4092 temporary rabies vaccination effort may not exceed the actual
4093 cost of administering the rabies vaccine. Such rabies
4094 vaccination efforts may not be used for any purpose other than
4095 to address the public health consequences of the rabies
4096 outbreak. The department board shall be immediately notified in
4097 writing of any temporary rabies vaccination effort operated
4098 under this paragraph.
4099 (8) Any person who is not a veterinarian licensed under
4100 this chapter but who desires to own and operate a veterinary

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4101 medical establishment or limited service clinic shall apply to
4102 the department board for a premises permit. If the department
4103 board certifies that the applicant complies with the applicable
4104 laws and rules of the department board, the department shall
4105 issue a premises permit. No permit shall be issued unless a
4106 licensed veterinarian is designated to undertake the
4107 professional supervision of the veterinary medical practice and
4108 the minimum standards set by rule of the department board for
4109 premises where veterinary medicine is practiced. Upon
4110 application, the department shall submit the permittee's name
4111 for a statewide criminal records correspondence check through
4112 the Department of Law Enforcement. The permittee shall notify
4113 the department board within 10 days after any designation of a
4114 new licensed veterinarian responsible for such duties. A
4115 permittee under this subsection is subject to the provisions of
4116 subsection (9) and s. 474.214.
4117 (9)(a) The department or the board may deny, revoke, or
4118 suspend the permit of any permittee under this section and may
4119 fine, place on probation, or otherwise discipline any such
4120 permittee who has:
4121 1. Obtained a permit by misrepresentation or fraud or
4122 through an error of the department or board;
4123 2. Attempted to procure, or has procured, a permit for any
4124 other person by making, or causing to be made, any false
4125 representation;

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4126 3. Violated any of the requirements of this chapter or any
4127 rule of the department board; or
4128 4. Been convicted or found guilty of, or entered a plea of
4129 nolo contendere to, regardless of adjudication, a felony in any
4130 court of this state, of any other state, or of the United
4131 States.
4132 (b) If the permit is revoked or suspended, the owner,
4133 manager, or proprietor shall cease to operate the premises as a
4134 veterinary medical practice as of the effective date of the
4135 suspension or revocation. In the event of such revocation or
4136 suspension, the owner, manager, or proprietor shall remove from
4137 the premises all signs and symbols identifying the premises as a
4138 veterinary medical practice. The period of any such suspension
4139 shall be prescribed by rule of the department board, but may not
4140 exceed 1 year. If the permit is revoked, the person owning or
4141 operating the establishment may not apply for a permit to
4142 operate a premises for a period of 1 year after the effective
4143 date of such revocation. Upon the effective date of such
4144 revocation, the permittee must advise the department board of
4145 the disposition of all medicinal drugs and must provide for
4146 ensuring the security, confidentiality, and availability to
4147 clients of all patient medical records.
4148 Section 125. Section 474.216, Florida Statutes, is amended
4149 to read:
4150 474.216 License and premises permit to be displayed.—Each

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4151 person to whom a license or premises permit is issued shall keep
4152 such document conspicuously displayed in her or his office,
4153 place of business, or place of employment, whether a permanent
4154 or mobile veterinary establishment or clinic, and shall,
4155 whenever required, exhibit said document to any member or
4156 authorized representative of the department board.
4157 Section 126. Subsections (6), (8), (10), and (11) of
4158 section 474.2165, Florida Statutes, are amended to read:
4159 474.2165 Ownership and control of veterinary medical
4160 patient records; report or copies of records to be furnished.—
4161 (6) The department may obtain patient records pursuant to
4162 a subpoena without written authorization from the client if the
4163 department and the probable cause panel of the board find
4164 reasonable cause to believe that a veterinarian has excessively
4165 or inappropriately prescribed any controlled substance specified
4166 in chapter 893 in violation of this chapter or that a
4167 veterinarian has practiced his or her profession below that
4168 level of care, skill, and treatment required as defined by this
4169 chapter.
4170 (8) Notwithstanding the provisions of s. 455.242, records
4171 owners shall notify the department board office when they are
4172 terminating practice, retiring, or relocating and are no longer
4173 available to patients, specifying who the new records owner is
4174 and where the medical records can be found.
4175 (10) Veterinarians in violation of the provisions of this

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4176 section shall be disciplined by the department board.
4177 (11) A records owner furnishing copies of reports or
4178 records pursuant to this section shall charge no more than the
4179 actual cost of copying, including reasonable staff time, or the
4180 amount specified in administrative rule by the department board.
4181 Section 127. Subsection (1) of section 474.217, Florida
4182 Statutes, is amended to read:
4183 474.217 Licensure by endorsement.—
4184 (1) The department shall issue a license by endorsement to
4185 any applicant who, upon applying to the department and remitting
4186 a fee set by the department board, demonstrates to the
4187 department board that she or he:
4188 (a) Has demonstrated, in a manner designated by rule of
4189 the department board, knowledge of the laws and rules governing
4190 the practice of veterinary medicine in this state; and
4191 (b)1. Holds, and has held for the 3 years immediately
4192 preceding the application for licensure, a valid, active license
4193 to practice veterinary medicine in another state of the United
4194 States, the District of Columbia, or a territory of the United
4195 States, provided that the applicant has successfully completed a
4196 state, regional, national, or other examination that is
4197 equivalent to or more stringent than the examination required by
4198 the department board; or
4199 2. Meets the qualifications of s. 474.207(2)(b) and has
4200 successfully completed a state, regional, national, or other

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4201 examination which is equivalent to or more stringent than the
4202 examination given by the department and has passed the board's
4203 clinical competency examination or another clinical competency
4204 examination specified by rule of the department board.
4205 Section 128. Section 474.221, Florida Statutes, is amended
4206 to read:
4207 474.221 Impaired practitioner provisions; applicability.—
4208 Notwithstanding the transfer of the Division of Medical Quality
4209 Assurance to the Department of Health or any other provision of
4210 law to the contrary, veterinarians licensed under this chapter
4211 shall be governed by the impaired practitioner program
4212 provisions of s. 456.076 as if they were under the jurisdiction
4213 of the Division of Medical Quality Assurance, except that for
4214 veterinarians the Department of Business and Professional
4215 Regulation shall, at its option, exercise any of the powers
4216 granted to the Department of Health by that section, and "board"
4217 shall mean board as defined in this chapter.
4218 Section 129. Subsection (4) of section 476.034, Florida
4219 Statutes, is amended to read:
4220 476.034 Definitions.—As used in this act:
4221 (4) "Board" means the Barbers' Board.
4222 Section 130. Subsection (2) of section 476.074, Florida
4223 Statutes, is amended to read:
4224 476.074 Legal, investigative, and inspection services.—
4225 (2) The department shall provide all investigative

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4226 services required by the board or the department in carrying out
4227 the provisions of this act.
4228 Section 131. Paragraph (c) of subsection (2) and
4229 subsection (3) of section 476.114, Florida Statutes, are amended
4230 to read:
4231 476.114 Examination; prerequisites.—
4232 (2) An applicant is eligible for licensure by examination
4233 to practice barbering if the applicant:
4234 (c) Has received a minimum of 900 hours of training in
4235 sanitation, safety, and laws and rules, as established by the
4236 department board, which must include, but is not limited to, the
4237 equivalent of completion of services directly related to the
4238 practice of barbering at one of the following:
4239 1. A school of barbering licensed pursuant to chapter
4240 1005;
4241 2. A barbering program within the public school system; or
4242 3. A government-operated barbering program in this state.
4243
4244 The department board shall establish by rule procedures whereby
4245 the school or program may certify that a person is qualified to
4246 take the required examination after the completion of a minimum
4247 of 600 actual school hours. If the person passes the
4248 examination, she or he has satisfied this requirement; but if
4249 the person fails the examination, she or he may not be qualified
4250 to take the examination again until the completion of the full

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4251 requirements provided by this section.
4252 (3) An applicant who meets the requirements set forth in
4253 paragraph (2)(c) who fails to pass the examination may take
4254 subsequent examinations as many times as necessary to pass,
4255 except that the department board may specify by rule reasonable
4256 timeframes for rescheduling the examination and additional
4257 training requirements for applicants who, after the third
4258 attempt, fail to pass the examination. Before Prior to
4259 reexamination, the applicant must file the appropriate form and
4260 pay the reexamination fee as required by rule.
4261 Section 132. Subsections (1) and (2) of section 476.134,
4262 Florida Statutes, are amended to read:
4263 476.134 Examinations.—
4264 (1) Examinations of applicants for licenses as barbers
4265 shall be offered not less than four times each year. The
4266 examination of applicants for licenses as barbers shall include
4267 a written test. The department may board shall have the
4268 authority to adopt rules with respect to the examination of
4269 applicants for licensure. The department board may provide rules
4270 with respect to written examinations in such manner as the
4271 department board may deem fit.
4272 (2) The department board shall adopt rules specifying the
4273 areas of competency to be covered by the examination. Such rules
4274 shall include the relative weight assigned in grading each area.
4275 All areas tested shall be reasonably related to the protection

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4276 of the public and the applicant's competency to practice
4277 barbering in a manner which will not endanger the public.
4278 Section 133. Subsections (1), (2), (5), and (6) of section
4279 476.144, Florida Statutes, are amended to read:
4280 476.144 Licensure.—
4281 (1) The department shall license any applicant who the
4282 department board certifies is qualified to practice barbering in
4283 this state.
4284 (2) The department board shall certify for licensure any
4285 applicant who satisfies the requirements of s. 476.114, and who
4286 passes the required examination, achieving a passing grade as
4287 established by department board rule.
4288 (5) The department board shall certify as qualified for
4289 licensure by endorsement as a barber in this state an applicant
4290 who holds a current active license to practice barbering in
4291 another state. The department board shall adopt rules specifying
4292 procedures for the licensure by endorsement of practitioners
4293 desiring to be licensed in this state who hold a current active
4294 license in another country and who have met qualifications
4295 substantially similar to, equivalent to, or greater than the
4296 qualifications required of applicants from this state.
4297 (6) A person may apply for a restricted license to
4298 practice barbering. The department board shall adopt rules
4299 specifying procedures for an applicant to obtain a restricted
4300 license if the applicant:

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4301 (a)1. Has successfully completed a restricted barber
4302 course, as established by rule of the department board, at a
4303 school of barbering licensed pursuant to chapter 1005, a
4304 barbering program within the public school system, or a
4305 government-operated barbering program in this state; or
4306 2.a. Holds or has within the previous 5 years held an
4307 active valid license to practice barbering in another state or
4308 country or has held a Florida barbering license which has been
4309 declared null and void for failure to renew the license, and the
4310 applicant fulfilled the requirements of s. 476.114(2)(c) for
4311 initial licensure; and
4312 b. Has not been disciplined relating to the practice of
4313 barbering in the previous 5 years; and
4314 (b) Passes a written examination on the laws and rules
4315 governing the practice of barbering in Florida, as established
4316 by the department board.
4317
4318 The restricted license shall limit the licensee's practice to
4319 those specific areas in which the applicant has demonstrated
4320 competence pursuant to rules adopted by the department board.
4321 Section 134. Subsection (2) of section 476.154, Florida
4322 Statutes, is amended to read:
4323 476.154 Biennial renewal of licenses.—
4324 (2) Any license or certificate of registration issued
4325 pursuant to this act for a period less than the established

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4326 biennial issuance period may be issued for that lesser period of
4327 time, and the department shall adjust the required fee
4328 accordingly. The department board shall adopt rules providing
4329 for such partial period fee adjustments.
4330 Section 135. Subsection (2) of section 476.155, Florida
4331 Statutes, is amended to read:
4332 476.155 Inactive status; reactivation of inactive
4333 license.—
4334 (2) The department board shall adopt promulgate rules
4335 relating to licenses which have become inactive and for the
4336 renewal of inactive licenses. The department board shall
4337 prescribe by rule a fee not to exceed $100 for the reactivation
4338 of an inactive license and a fee not to exceed $50 for the
4339 renewal of an inactive license.
4340 Section 136. Subsection (1) of section 476.192, Florida
4341 Statutes, is amended to read:
4342 476.192 Fees; disposition.—
4343 (1) The department board shall set by rule fees according
4344 to the following schedule:
4345 (a) For barbers, fees for original licensing, license
4346 renewal, and delinquent renewal may shall not exceed $100.
4347 (b) For barbers, fees for endorsement application,
4348 examination, and reexamination may shall not exceed $150.
4349 (c) For barbershops, fees for license application,
4350 original licensing, license renewal, and delinquent renewal may

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4351 shall not exceed $150.
4352 (d) For duplicate licenses and certificates, fees may
4353 shall not exceed $25.
4354 Section 137. Paragraph (i) of subsection (1) and
4355 subsection (2) of section 476.204, Florida Statutes, are amended
4356 to read:
4357 476.204 Penalties.—
4358 (1) It is unlawful for any person to:
4359 (i) Violate or refuse to comply with any provision of this
4360 chapter or chapter 455 or a rule or final order of the
4361 department board.
4362 (2) Any person who violates any provision of this section
4363 shall be subject to one or more of the following penalties, as
4364 determined by the department board:
4365 (a) Revocation or suspension of any license or
4366 registration issued pursuant to this chapter.
4367 (b) Issuance of a reprimand or censure.
4368 (c) Imposition of an administrative fine not to exceed
4369 $500 for each count or separate offense.
4370 (d) Placement on probation for a period of time and
4371 subject to such reasonable conditions as the department board
4372 may specify.
4373 (e) Refusal to certify to the department an applicant for
4374 licensure.
4375 Section 138. Section 476.214, Florida Statutes, is amended

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4376 to read:
4377 476.214 Grounds for suspending, revoking, or refusing to
4378 grant license or certificate.—
4379 (1) The department may board shall have the power to
4380 revoke or suspend any license, registration card, or certificate
4381 of registration issued pursuant to this act, or to reprimand,
4382 censure, deny subsequent licensure of, or otherwise discipline
4383 any holder of a license, registration card, or certificate of
4384 registration issued pursuant to this act, for any of the
4385 following causes:
4386 (a) Gross malpractice or gross incompetency in the
4387 practice of barbering;
4388 (b) Practice by a person knowingly having an infectious or
4389 contagious disease; or
4390 (c) Commission of any of the offenses described in s.
4391 476.194.
4392 (2) The department board shall keep a record of its
4393 disciplinary proceedings against holders of licenses or
4394 certificates of registration issued pursuant to this act.
4395 (3) The department may shall not issue or renew a license
4396 or certificate of registration under this chapter to any person
4397 against whom or barbershop against which the department board
4398 has assessed a fine, interest, or costs associated with
4399 investigation and prosecution until the person or barbershop has
4400 paid in full such fine, interest, or costs associated with

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4401 investigation and prosecution or until the person or barbershop
4402 complies with or satisfies all terms and conditions of the final
4403 order.
4404 Section 139. Section 476.234, Florida Statutes, is amended
4405 to read:
4406 476.234 Civil proceedings.—In addition to any other
4407 remedy, the department may file a proceeding in the name of the
4408 state seeking issuance of a restraining order, injunction, or
4409 writ of mandamus against any person who is or has been violating
4410 any of the provisions of this act or the lawful rules or orders
4411 of the board, commission, or department.
4412 Section 140. Subsections (2) through (13) of section
4413 477.013, Florida Statutes, are renumbered as subsections (1)
4414 through (12), respectively, and present subsections (1) and (8)
4415 of that section are amended, to read:
4416 477.013 Definitions.—As used in this chapter:
4417 (1) "Board" means the Board of Cosmetology.
4418 (7)(8) "Specialty salon" means any place of business
4419 wherein the practice of one or all of the specialties as defined
4420 in subsection (5) (6) are engaged in or carried on.
4421 Section 141. Subsections (7), (8), and (9) of section
4422 477.0135, Florida Statutes, are amended to read:
4423 477.0135 Exemptions.—
4424 (7) A license or registration is not required for a person
4425 whose occupation or practice is confined solely to hair braiding

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4426 as defined in s. 477.013(8) s. 477.013(9).
4427 (8) A license or registration is not required for a person
4428 whose occupation or practice is confined solely to hair wrapping
4429 as defined in s. 477.013(9) s. 477.013(10).
4430 (9) A license or registration is not required for a person
4431 whose occupation or practice is confined solely to body wrapping
4432 as defined in s. 477.013(11) s. 477.013(12).
4433 Section 142. Section 477.016, Florida Statutes, is amended
4434 to read:
4435 477.016 Rulemaking.—
4436 (1) The department board may adopt rules pursuant to ss.
4437 120.536(1) and 120.54 to implement the provisions of this
4438 chapter conferring duties upon it.
4439 (2) The department board may by rule adopt any restriction
4440 established by a regulation of the United States Food and Drug
4441 Administration related to the use of a cosmetic product or any
4442 substance used in the practice of cosmetology if the department
4443 board finds that the product or substance poses a risk to the
4444 health, safety, and welfare of clients or persons providing
4445 cosmetology services.
4446 Section 143. Section 477.018, Florida Statutes, is amended
4447 to read:
4448 477.018 Investigative services.—The department shall
4449 provide all investigative services required by the board or the
4450 department in carrying out the provisions of this act.

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4451 Section 144. Subsections (2), (3), (5), (6), and (7) of
4452 section 477.019, Florida Statutes, are amended to read:
4453 477.019 Cosmetologists; qualifications; licensure;
4454 supervised practice; license renewal; endorsement; continuing
4455 education.—
4456 (2) An applicant is eligible for licensure by examination
4457 to practice cosmetology if the applicant:
4458 (a) Is at least 16 years of age or has received a high
4459 school diploma;
4460 (b) Pays the required application fee, which is not
4461 refundable, and the required examination fee, which is
4462 refundable if the applicant is determined to not be eligible for
4463 licensure for any reason other than failure to successfully
4464 complete the licensure examination; and
4465 (c) Has received a minimum of 1,200 hours of training as
4466 established by the department board, which must include, but is
4467 not limited to, the equivalent of completion of services
4468 directly related to the practice of cosmetology at one of the
4469 following:
4470 1. A school of cosmetology licensed pursuant to chapter
4471 1005.
4472 2. A cosmetology program within the public school system.
4473 3. The Cosmetology Division of the Florida School for the
4474 Deaf and the Blind, provided the division meets the standards of
4475 this chapter.

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4476 4. A government-operated cosmetology program in this
4477 state.
4478
4479 The department board shall establish by rule procedures whereby
4480 the school or program may certify that a person is qualified to
4481 take the required examination after the completion of a minimum
4482 of 1,000 actual school hours. If the person then passes the
4483 examination, he or she has satisfied this requirement; but if
4484 the person fails the examination, he or she may not be qualified
4485 to take the examination again until the completion of the full
4486 requirements provided by this section.
4487 (3) Upon an applicant receiving a passing grade, as
4488 established by department board rule, on the examination and
4489 paying the initial licensing fee, the department shall issue a
4490 license to practice cosmetology.
4491 (5) Renewal of license registration shall be accomplished
4492 pursuant to rules adopted by the department board.
4493 (6) The department board shall certify as qualified for
4494 licensure by endorsement as a cosmetologist in this state an
4495 applicant who holds a current active license to practice
4496 cosmetology in another state.
4497 (7)(a) The board shall prescribe by rule continuing
4498 education requirements intended to ensure protection of the
4499 public through updated training of licensees and registered
4500 specialists, not to exceed 10 hours biennially, as a condition

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4501 for renewal of a license or registration as a specialist under
4502 this chapter. Continuing education courses shall include, but
4503 not be limited to, the following subjects as they relate to the
4504 practice of cosmetology: human immunodeficiency virus and
4505 acquired immune deficiency syndrome; Occupational Safety and
4506 Health Administration regulations; workers' compensation issues;
4507 state and federal laws and rules as they pertain to
4508 cosmetologists, cosmetology, salons, specialists, specialty
4509 salons, and booth renters; chemical makeup as it pertains to
4510 hair, skin, and nails; and environmental issues. Courses given
4511 at cosmetology conferences may be counted toward the number of
4512 continuing education hours required if approved by the board.
4513 (b) The board may, by rule, require any licensee in
4514 violation of a continuing education requirement to take a
4515 refresher course or refresher course and examination in addition
4516 to any other penalty. The number of hours for the refresher
4517 course may not exceed 48 hours.
4518 Section 145. Paragraphs (b) and (c) of subsection (1) and
4519 subsections (4) and (5) of section 477.0201, Florida Statutes,
4520 are amended to read:
4521 477.0201 Specialty registration; qualifications;
4522 registration renewal; endorsement.—
4523 (1) Any person is qualified for registration as a
4524 specialist in any specialty practice within the practice of
4525 cosmetology under this chapter who:

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4526 (b) Has received a certificate of completion for:
4527 1. One hundred and eighty hours of training, as
4528 established by the department board, which shall focus primarily
4529 on sanitation and safety, to practice specialties as defined in
4530 s. 477.013(11)(a) and (b) s. 477.013(6)(a) and (b);
4531 2. Two hundred and twenty hours of training, as
4532 established by the department board, which shall focus primarily
4533 on sanitation and safety, to practice the specialty as defined
4534 in s. 477.013(11)(c) s. 477.013(6)(c); or
4535 3. Four hundred hours of training or the number of hours
4536 of training required to maintain minimum Pell Grant
4537 requirements, as established by the department board, which
4538 shall focus primarily on sanitation and safety, to practice the
4539 specialties as defined in s. 477.013(11)(a)-(c) s.
4540 477.013(6)(a)-(c).
4541 (c) The certificate of completion specified in paragraph
4542 (b) must be from one of the following:
4543 1. A school licensed pursuant to s. 477.023.
4544 2. A school licensed pursuant to chapter 1005 or the
4545 equivalent licensing authority of another state.
4546 3. A specialty program within the public school system.
4547 4. A specialty division within the Cosmetology Division of
4548 the Florida School for the Deaf and the Blind, provided the
4549 training programs comply with minimum curriculum requirements
4550 established by the department board.

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4551 (4) Renewal of registration shall be accomplished pursuant
4552 to rules adopted by the department board.
4553 (5) The department board shall adopt rules specifying
4554 procedures for the registration of specialty practitioners
4555 desiring to be registered in this state who have been registered
4556 or licensed and are practicing in states which have registering
4557 or licensing standards substantially similar to, equivalent to,
4558 or more stringent than the standards of this state.
4559 Section 146. Subsection (2) of section 477.0212, Florida
4560 Statutes, is amended to read:
4561 477.0212 Inactive status.—
4562 (2) The department board shall adopt rules relating to
4563 licenses that become inactive and for the renewal of inactive
4564 licenses. The rules may not require more than one renewal cycle
4565 of continuing education to reactivate a license. The department
4566 board shall prescribe by rule a fee not to exceed $50 for the
4567 reactivation of an inactive license and a fee not to exceed $50
4568 for the renewal of an inactive license.
4569 Section 147. Subsections (1) and (2) of section 477.022,
4570 Florida Statutes, are amended to read:
4571 477.022 Examinations.—
4572 (1) The department board shall ensure that examinations
4573 adequately measure both an applicant's competency and her or his
4574 knowledge of related statutory requirements. Professional
4575 testing services may be utilized to formulate the examinations.

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4576 The department board may offer a written clinical examination or
4577 a performance examination, or both, in addition to a written
4578 theory examination.
4579 (2) The department board shall ensure that examinations
4580 comply with state and federal equal employment opportunity
4581 guidelines.
4582 Section 148. Subsections (2), (8), (9), and (10) of
4583 section 477.025, Florida Statutes, are amended to read:
4584 477.025 Cosmetology salons; specialty salons; requisites;
4585 licensure; inspection; mobile cosmetology salons.—
4586 (2) The department board shall adopt rules governing the
4587 licensure and operation of salons and specialty salons and their
4588 facilities, personnel, safety and sanitary requirements, and the
4589 license application and granting process.
4590 (8) Renewal of license registration for cosmetology salons
4591 or specialty salons shall be accomplished pursuant to rules
4592 adopted by the department board. The department board is further
4593 authorized to adopt rules governing delinquent renewal of
4594 licenses and may impose penalty fees for delinquent renewal.
4595 (9) The department board is authorized to adopt rules
4596 governing the periodic inspection of cosmetology salons and
4597 specialty salons licensed under this chapter.
4598 (10)(a) The department board shall adopt rules governing
4599 the licensure, operation, and inspection of mobile cosmetology
4600 salons, including their facilities, personnel, and safety and

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4601 sanitary requirements.
4602 (b) Each mobile salon must comply with all licensure and
4603 operating requirements specified in this chapter or chapter 455
4604 or rules of the board or department that apply to cosmetology
4605 salons at fixed locations, except to the extent that such
4606 requirements conflict with this subsection or rules adopted
4607 pursuant to this subsection.
4608 (c) A mobile cosmetology salon must maintain a permanent
4609 business address, located in the inspection area of the local
4610 department office, at which records of appointments,
4611 itineraries, license numbers of employees, and vehicle
4612 identification numbers of the licenseholder's mobile salon shall
4613 be kept and made available for verification purposes by
4614 department personnel, and at which correspondence from the
4615 department can be received.
4616 (d) To facilitate periodic inspections of mobile
4617 cosmetology salons, before prior to the beginning of each month
4618 each mobile salon licenseholder must file with the department
4619 board a written monthly itinerary listing the locations where
4620 and the dates and hours when the mobile salon will be operating.
4621 (e) The department board shall establish fees for mobile
4622 cosmetology salons, not to exceed the fees for cosmetology
4623 salons at fixed locations.
4624 (f) The operation of mobile cosmetology salons must be in
4625 compliance with all local laws and ordinances regulating

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4626 business establishments, with all applicable requirements of the
4627 Americans with Disabilities Act relating to accommodations for
4628 persons with disabilities, and with all applicable OSHA
4629 requirements.
4630 Section 149. Section 477.026, Florida Statutes, is amended
4631 to read:
4632 477.026 Fees; disposition.—
4633 (1) The department board shall set fees according to the
4634 following schedule:
4635 (a) For cosmetologists, fees for original licensing,
4636 license renewal, and delinquent renewal may shall not exceed
4637 $50.
4638 (b) For cosmetologists, fees for endorsement application,
4639 examination, and reexamination may shall not exceed $50.
4640 (c) For cosmetology and specialty salons, fees for license
4641 application, original licensing, license renewal, and delinquent
4642 renewal may shall not exceed $50.
4643 (d) For specialists, fees for application and endorsement
4644 registration may shall not exceed $30.
4645 (e) For specialists, fees for initial registration,
4646 registration renewal, and delinquent renewal may shall not
4647 exceed $50.
4648 (2) All moneys collected by the department from fees
4649 authorized by this chapter shall be paid into the Professional
4650 Regulation Trust Fund, which fund is created in the department,

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4651 and shall be applied in accordance with ss. 215.37 and 455.219.
4652 The Legislature may appropriate any excess moneys from this fund
4653 to the General Revenue Fund.
4654 (3) The department, with the advice of the department
4655 board, shall prepare and submit a proposed budget in accordance
4656 with law.
4657 Section 150. Subsections (2) and (4) of section 477.0263,
4658 Florida Statutes, are amended to read:
4659 477.0263 Cosmetology services to be performed in licensed
4660 salon; exceptions.—
4661 (2) Pursuant to rules established by the department board,
4662 cosmetology services may be performed by a licensed
4663 cosmetologist in a location other than a licensed salon,
4664 including, but not limited to, a nursing home, hospital, or
4665 residence, when a client for reasons of ill health is unable to
4666 go to a licensed salon. Arrangements for the performance of such
4667 cosmetology services in a location other than a licensed salon
4668 shall be made only through a licensed salon.
4669 (4) Pursuant to rules adopted by the department board, any
4670 cosmetology or specialty service may be performed in a location
4671 other than a licensed salon when the service is performed in
4672 connection with a special event and is performed by a person who
4673 holds the proper license or specialty registration.
4674 Section 151. Section 477.028, Florida Statutes, is amended
4675 to read:

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4676 477.028 Disciplinary proceedings.—
4677 (1) The department may board shall have the power to
4678 revoke or suspend the license of a cosmetologist licensed under
4679 this chapter, or the registration of a specialist registered
4680 under this chapter, and to reprimand, censure, deny subsequent
4681 licensure or registration of, or otherwise discipline a
4682 cosmetologist or a specialist licensed or registered under this
4683 chapter in any of the following cases:
4684 (a) Upon proof that a license or registration has been
4685 obtained by fraud or misrepresentation.
4686 (b) Upon proof that the holder of a license or
4687 registration is guilty of fraud or deceit or of gross
4688 negligence, incompetency, or misconduct in the practice or
4689 instruction of cosmetology or a specialty.
4690 (c) Upon proof that the holder of a license or
4691 registration is guilty of aiding, assisting, procuring, or
4692 advising any unlicensed person to practice as a cosmetologist.
4693 (2) The department may board shall have the power to
4694 revoke or suspend the license of a cosmetology salon or a
4695 specialty salon licensed under this chapter, to deny subsequent
4696 licensure of such salon, or to reprimand, censure, or otherwise
4697 discipline the owner of such salon in either of the following
4698 cases:
4699 (a) Upon proof that a license has been obtained by fraud
4700 or misrepresentation.

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4701 (b) Upon proof that the holder of a license is guilty of
4702 fraud or deceit or of gross negligence, incompetency, or
4703 misconduct in the operation of the salon so licensed.
4704 (3) Disciplinary proceedings shall be conducted pursuant
4705 to the provisions of chapter 120.
4706 (4) The department may shall not issue or renew a license
4707 or certificate of registration under this chapter to any person
4708 against whom or salon against which the department board has
4709 assessed a fine, interest, or costs associated with
4710 investigation and prosecution until the person or salon has paid
4711 in full such fine, interest, or costs associated with
4712 investigation and prosecution or until the person or salon
4713 complies with or satisfies all terms and conditions of the final
4714 order.
4715 Section 152. Paragraph (i) of subsection (1) and
4716 subsection (2) of section 477.029, Florida Statutes, are amended
4717 to read:
4718 477.029 Penalty.—
4719 (1) It is unlawful for any person to:
4720 (i) Violate or refuse to comply with any provision of this
4721 chapter or chapter 455 or a rule or final order of the board or
4722 the department.
4723 (2) Any person who violates the provisions of this section
4724 shall be subject to one or more of the following penalties, as
4725 determined by the department board:

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4726 (a) Revocation or suspension of any license or
4727 registration issued pursuant to this chapter.
4728 (b) Issuance of a reprimand or censure.
4729 (c) Imposition of an administrative fine not to exceed
4730 $500 for each count or separate offense.
4731 (d) Placement on probation for a period of time and
4732 subject to such reasonable conditions as the department board
4733 may specify.
4734 (e) Refusal to certify to the department an applicant for
4735 licensure.
4736 Section 153. Subsections (4) through (16) of section
4737 481.203, Florida Statutes, are renumbered as subsections (3)
4738 through (15), respectively, and subsection (3) and present
4739 subsection (8) of that section are amended, to read:
4740 481.203 Definitions.—As used in this part, the term:
4741 (3) "Board" means the Board of Architecture and Interior
4742 Design.
4743 (7)(8) "Diversified interior design experience" means
4744 experience which substantially encompasses the various elements
4745 of interior design services set forth under the definition of
4746 "interior design" in subsection (9) (10).
4747 Section 154. Section 481.207, Florida Statutes, is amended
4748 to read:
4749 481.207 Fees.—The department board, by rule, may establish
4750 fees for architects and registered interior designers, to be

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4751 paid for applications, examination, reexamination, licensing and
4752 renewal, delinquency, reinstatement, and recordmaking and
4753 recordkeeping. The examination fee shall be in an amount that
4754 covers the cost of obtaining and administering the examination
4755 and shall be refunded if the applicant is found ineligible to
4756 sit for the examination. The application fee is nonrefundable.
4757 The fee for initial application and examination for architects
4758 may not exceed $775 plus the actual per applicant cost to the
4759 department for purchase of the examination from the National
4760 Council of Architectural Registration Boards or similar national
4761 organizations. The initial nonrefundable fee for registered
4762 interior designers may not exceed $75. The biennial renewal fee
4763 for architects may not exceed $200. The biennial renewal fee for
4764 registered interior designers may not exceed $75. The
4765 delinquency fee may not exceed the biennial renewal fee
4766 established by the department board for an active license. The
4767 department board shall establish fees that are adequate to
4768 ensure the continued operation of the department board and to
4769 fund the proportionate expenses incurred by the department which
4770 are allocated to the regulation of architects and registered
4771 interior designers. Fees shall be based on department estimates
4772 of the revenue required to implement this part and the
4773 provisions of law with respect to the regulation of architects
4774 and interior designers.
4775 Section 155. Subsection (1) of section 481.209, Florida

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4776 Statutes, is amended to read:
4777 481.209 Examinations.—
4778 (1) A person desiring to be licensed as a registered
4779 architect by initial examination shall apply to the department,
4780 complete the application form, and remit a nonrefundable
4781 application fee. The department shall license any applicant who
4782 the department board certifies has passed the licensure
4783 examination prescribed by department board rule and is a
4784 graduate of a school or college of architecture with a program
4785 accredited by the National Architectural Accreditation Board.
4786 Section 156. Section 481.211, Florida Statutes, is amended
4787 to read:
4788 481.211 Architecture internship required.—An applicant for
4789 licensure as a registered architect shall complete, before
4790 licensure, an internship of diversified architectural experience
4791 approved by the department board, which meets the requirements
4792 set forth by rule.
4793 Section 157. Subsections (3), (4), and (5) of section
4794 481.215, Florida Statutes, are amended to read:
4795 481.215 Renewal of license or certificate of
4796 registration.—
4797 (3) A license or certificate of registration renewal may
4798 not be issued to an architect or a registered interior designer
4799 by the department until the licensee or registrant submits proof
4800 satisfactory to the department that, during the 2 years before

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4801 application for renewal, the licensee or registrant participated
4802 per biennium in not less than 20 hours of at least 50 minutes
4803 each per biennium of continuing education approved by the board.
4804 The board shall approve only continuing education that builds
4805 upon the basic knowledge of architecture or interior design. The
4806 board may make exception from the requirements of continuing
4807 education in emergency or hardship cases.
4808 (4) The board shall by rule establish criteria for the
4809 approval of continuing education courses and providers and shall
4810 by rule establish criteria for accepting alternative
4811 nonclassroom continuing education on an hour-for-hour basis.
4812 (5) For a license or certificate of registration, the
4813 board shall require, by rule adopted pursuant to ss. 120.536(1)
4814 and 120.54, 2 hours in specialized or advanced courses on any
4815 portion of the Florida Building Code, adopted pursuant to part
4816 IV of chapter 553, relating to the licensee's respective area of
4817 practice. Such hours count toward the continuing education hours
4818 required under subsection (3). A licensee may complete the
4819 courses required under this subsection online.
4820 Section 158. Section 481.217, Florida Statutes, is amended
4821 to read:
4822 481.217 Inactive status.—
4823 (1) The board may prescribe by rule continuing education
4824 requirements as a condition of reactivating a license. The rules
4825 may not require more than one renewal cycle of continuing

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4826 education to reactivate a license or registration for a
4827 registered architect or registered interior designer.
4828 (2) The department board shall adopt rules relating to
4829 application procedures for inactive status and for the
4830 reactivation of inactive licenses and registrations.
4831 Section 159. Subsection (2), paragraph (b) of subsection
4832 (3), and subsection (5) of section 481.219, Florida Statutes,
4833 are amended to read:
4834 481.219 Qualification of business organizations.—
4835 (2) If a licensee or an applicant proposes to engage in
4836 the practice of architecture as a business organization, the
4837 licensee or applicant shall qualify the business organization
4838 upon approval of the department board.
4839 (3)
4840 (b) In the event a qualifying agent ceases employment with
4841 a qualified business organization, the department executive
4842 director or the chair of the board may authorize another
4843 registered architect employed by the business organization to
4844 temporarily serve as its qualifying agent for a period of no
4845 more than 60 days. The business organization is not authorized
4846 to operate beyond such period under this chapter absent
4847 replacement of the qualifying agent who has ceased employment.
4848 (5) The department board shall allow a licensee or an
4849 applicant to qualify one or more business organizations to offer
4850 architectural services, or to use a fictitious name to offer

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4851 such services, if one or more of the principal officers of the
4852 corporation or limited liability company, or one or more
4853 partners of the partnership, and all personnel of the
4854 corporation, limited liability company, or partnership who act
4855 in its behalf in this state as architects, are registered as
4856 provided by this part.
4857 Section 160. Subsections (1), (2), (6), (11), and (12) of
4858 section 481.221, Florida Statutes, are amended to read:
4859 481.221 Seals; display of certificate number.—
4860 (1) The department board shall prescribe, by rule, one or
4861 more forms of seals to be used by registered architects holding
4862 valid certificates of registration.
4863 (2) Each registered architect shall obtain one seal in a
4864 form approved by rule of the department board and may, in
4865 addition, register her or his seal electronically in accordance
4866 with ss. 668.001-668.006. All final construction documents and
4867 instruments of service which include drawings, plans,
4868 specifications, or reports prepared or issued by the registered
4869 architect and being filed for public record shall bear the
4870 signature and seal of the registered architect who prepared or
4871 approved the document and the date on which they were sealed.
4872 The signature, date, and seal shall be evidence of the
4873 authenticity of that to which they are affixed. Final plans,
4874 specifications, or reports prepared or issued by a registered
4875 architect may be transmitted electronically and may be signed by

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4876 the registered architect, dated, and sealed electronically with
4877 the seal in accordance with ss. 668.001-668.006.
4878 (6) No registered architect shall affix her or his
4879 signature or seal to any final construction document or
4880 instrument of service which includes drawings, plans,
4881 specifications, or architectural documents which were not
4882 prepared by her or him or under her or his responsible
4883 supervising control or by another registered architect and
4884 reviewed, approved, or modified and adopted by her or him as her
4885 or his own work according to rules adopted by the department
4886 board.
4887 (11) When the certificate of registration of a registered
4888 architect or interior designer has been revoked or suspended by
4889 the department board, the registered architect or interior
4890 designer shall surrender her or his seal to the secretary of the
4891 department board within a period of 30 days after the revocation
4892 or suspension has become effective. If the certificate of the
4893 registered architect or interior designer has been suspended for
4894 a period of time, her or his seal shall be returned to her or
4895 him upon expiration of the suspension period.
4896 (12) A person may not sign and seal by any means any final
4897 plan, specification, or report after her or his certificate of
4898 registration has expired or is suspended or revoked. A
4899 registered architect or interior designer whose certificate of
4900 registration is suspended or revoked shall, within 30 days after

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4901 the effective date of the suspension or revocation, surrender
4902 her or his seal to the department executive director of the
4903 board and confirm in writing to the department executive
4904 director the cancellation of the registered architect's or
4905 interior designer's electronic signature in accordance with ss.
4906 668.001-668.006. When a registered architect's or interior
4907 designer's certificate of registration is suspended for a period
4908 of time, her or his seal shall be returned upon expiration of
4909 the period of suspension.
4910 Section 161. Section 481.222, Florida Statutes, is amended
4911 to read:
4912 481.222 Architects performing building code inspection
4913 services.—Notwithstanding any other provision of law, a person
4914 who is currently licensed to practice as an architect under this
4915 part may provide building code inspection services described in
4916 s. 468.603(4) and (7) s. 468.603(5) and (8) to a local
4917 government or state agency upon its request, without being
4918 certified by the Florida Building Code Administrators and
4919 Inspectors licensing program Board under part XII of chapter
4920 468. With respect to the performance of such building code
4921 inspection services, the architect is subject to the
4922 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
4923 Any complaint processing, investigation, and discipline that
4924 arise out of an architect's performance of building code
4925 inspection services shall be conducted by the Department of

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4926 Business and Professional Regulation Board of Architecture and
4927 Interior Design rather than the Florida Building Code
4928 Administrators and Inspectors Board. An architect may not
4929 perform plans review as an employee of a local government upon
4930 any job that the architect or the architect's company designed.
4931 Section 162. Paragraphs (a) and (d) of subsection (1) of
4932 section 481.223, Florida Statutes, are amended to read:
4933 481.223 Prohibitions; penalties; injunctive relief.—
4934 (1) A person may not knowingly:
4935 (a) Practice architecture unless the person is an
4936 architect or a registered architect; however, a licensed
4937 architect who has been licensed by the department board and who
4938 chooses to relinquish or not to renew his or her license may use
4939 the title "Architect, Retired" but may not otherwise render any
4940 architectural services.
4941 (d) Give false or forged evidence to the department board
4942 or a member thereof.
4943 Section 163. Paragraphs (a), (g), and (i) of subsection
4944 (1) and subsections (2), (3), and (4) of section 481.225,
4945 Florida Statutes, are amended to read:
4946 481.225 Disciplinary proceedings against registered
4947 architects.—
4948 (1) The following acts constitute grounds for which the
4949 disciplinary actions in subsection (3) may be taken:
4950 (a) Violating any provision of s. 455.227(1), s. 481.221,

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4951 or s. 481.223, or any rule of the board or department lawfully
4952 adopted pursuant to this part or chapter 455.
4953 (g) Committing an act of fraud or deceit, or of
4954 negligence, incompetency, or misconduct, in the practice of
4955 architecture, including, but not limited to, allowing the
4956 preparation of any architectural studies, plans, or other
4957 instruments of service in an office that does not have a full-
4958 time Florida-registered architect assigned to such office or
4959 failing to ensure the responsible supervising control of
4960 services or projects, as required by department board rule.
4961 (i) Aiding, assisting, procuring, or advising any
4962 unlicensed person to practice architecture contrary to this part
4963 or to a rule of the department or the board.
4964 (2) The department board shall specify, by rule, what acts
4965 or omissions constitute a violation of subsection (1).
4966 (3) When the department board finds any registered
4967 architect guilty of any of the grounds set forth in subsection
4968 (1), it may enter an order imposing one or more of the following
4969 penalties:
4970 (a) Denial of an application for licensure.
4971 (b) Revocation or suspension of a license.
4972 (c) Imposition of an administrative fine not to exceed
4973 $1,000 for each count or separate offense and a fine of up to
4974 $5,000 for matters pertaining to a material violation of the
4975 Florida Building Code as reported by a local jurisdiction.

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4976 (d) Issuance of a reprimand.
4977 (e) Placement of the registered architect on probation for
4978 a period of time and subject to such conditions as the
4979 department board may specify, including requiring the registered
4980 architect to attend continuing education courses or to work
4981 under the supervision of another registered architect.
4982 (f) Restriction of the authorized scope of practice by the
4983 registered architect.
4984 (4) The department shall reissue the license of a
4985 disciplined registered architect upon certification by the
4986 department board that he or she has complied with all of the
4987 terms and conditions set forth in the final order.
4988 Section 164. Paragraph (a) of subsection (1) and
4989 subsection (2) of section 481.2251, Florida Statutes, are
4990 amended to read:
4991 481.2251 Disciplinary proceedings against registered
4992 interior designers.—
4993 (1) The following acts constitute grounds for which the
4994 disciplinary actions specified in subsection (2) may be taken:
4995 (a) Attempting to register or renewing registration by
4996 bribery, by fraudulent misrepresentation, or through an error of
4997 the department board;
4998 (2) When the department board finds any person guilty of
4999 any of the grounds set forth in subsection (1), it may enter an
5000 order taking the following action or imposing one or more of the

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5001 following penalties:
5002 (a) Refusal to register the applicant;
5003 (b) Refusal to renew an existing registration;
5004 (c) Removal from the state registry; or
5005 (d) Imposition of an administrative fine not to exceed
5006 $500 for each violation or separate offense and a fine of up to
5007 $2,500 for matters pertaining to a material violation of the
5008 Florida Building Code as reported by a local jurisdiction.
5009 Section 165. Subsection (1) of section 481.303, Florida
5010 Statutes, is amended to read:
5011 481.303 Definitions.—As used in this chapter, the term:
5012 (1) "Board" means the Board of Landscape Architecture.
5013 Section 166. Section 481.306, Florida Statutes, is amended
5014 to read:
5015 481.306 Authority to make rules.—The department may board
5016 has authority to adopt rules pursuant to ss. 120.536(1) and
5017 120.54 to implement the provisions of this chapter and chapter
5018 455 conferring duties upon it.
5019 Section 167. Section 481.307, Florida Statutes, is amended
5020 to read:
5021 481.307 Fees.—The department board, by rule, may establish
5022 fees to be paid for applications, examination, reexamination,
5023 licensing and renewal, delinquency, reinstatement, and
5024 recordmaking and recordkeeping. The examination fee shall be in
5025 an amount that covers the costs of obtaining and administering

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5026 the examination and shall be refunded if the applicant is found
5027 ineligible to sit for the examination. The application fee is
5028 nonrefundable. The combined fees for initial application and
5029 examination may not exceed $800 plus the actual per applicant
5030 cost to the department for purchase of portions of the
5031 examination from the Council of Landscape Architectural
5032 Registration Boards or a similar national organization. The
5033 biennial renewal fee may not exceed $600. The delinquency fee
5034 may not exceed the biennial renewal fee established by the
5035 department board for an active license. The department board
5036 shall establish fees that are adequate to ensure the continued
5037 operation of the department board and to fund the proportionate
5038 expenses incurred by the department which are allocated to the
5039 regulation of landscape architects. Fees shall be based on
5040 department estimates of the revenue required to implement this
5041 part and the provisions of law with respect to the regulation of
5042 landscape architects.
5043 Section 168. Subsection (1) of section 481.309, Florida
5044 Statutes, is amended to read:
5045 481.309 Examinations.—
5046 (1) A person desiring to be licensed as a registered
5047 landscape architect shall apply to the department to take the
5048 licensure examination. The department shall examine each
5049 applicant who the department board certifies:
5050 (a) Has completed the application form and remitted a

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5051 nonrefundable application fee and an examination fee which is
5052 refundable if the applicant is found to be ineligible to take
5053 the examination; and
5054 (b)1. Has completed a professional degree program in
5055 landscape architecture as approved by the department Landscape
5056 Architectural Accreditation Board; or
5057 2. Presents evidence of not less than 6 years of actual
5058 practical experience in landscape architectural work of a grade
5059 and character satisfactory to the department board. Each year of
5060 education completed in a recognized school shall be considered
5061 to be equivalent to 1 year of experience, with a maximum credit
5062 of 4 years.
5063 Section 169. Section 481.310, Florida Statutes, is amended
5064 to read:
5065 481.310 Practical experience requirement.—Beginning
5066 October 1, 1990, every applicant for licensure as a registered
5067 landscape architect shall demonstrate, before prior to
5068 licensure, 1 year of practical experience in landscape
5069 architectural work. An applicant who holds a master of landscape
5070 architecture degree and a bachelor's degree in a related field
5071 is not required to demonstrate 1 year of practical experience in
5072 landscape architectural work to obtain licensure. The department
5073 board shall adopt rules providing standards for the required
5074 experience. An applicant who qualifies for examination pursuant
5075 to s. 481.309(1)(b)1. may obtain the practical experience after

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5076 completing the required professional degree. Experience used to
5077 qualify for examination pursuant to s. 481.309(1)(b)2. may not
5078 be used to satisfy the practical experience requirement under
5079 this section.
5080 Section 170. Section 481.311, Florida Statutes, is amended
5081 to read:
5082 481.311 Licensure.—
5083 (1) The department shall license any applicant who the
5084 department board certifies is qualified to practice landscape
5085 architecture and who has paid the initial licensure fee.
5086 (2) The department board shall certify for licensure any
5087 applicant who:
5088 (a) Passes the examination required by s. 481.309; and
5089 (b) Satisfies the experience requirement of s. 481.310.
5090 (3) The department board shall certify as qualified for a
5091 license by endorsement an applicant who:
5092 (a) Qualifies to take the examination as set forth in s.
5093 481.309; and has passed a national, regional, state, or
5094 territorial licensing examination which is substantially
5095 equivalent to the examination required by s. 481.309;
5096 (b) Holds a valid license to practice landscape
5097 architecture issued by another state or territory of the United
5098 States, if the criteria for issuance of such license were
5099 substantially identical to the licensure criteria which existed
5100 in this state at the time the license was issued; or

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5101 (c) Has held a valid license to practice landscape
5102 architecture in another state or territory of the United States
5103 for at least 10 years before the date of application and has
5104 successfully completed a state, regional, national, or other
5105 examination that is equivalent to or more stringent than the
5106 examination required by the department board, subject to
5107 subsection (5). An applicant who has met the requirements to be
5108 qualified for a license by endorsement, except for successful
5109 completion of an examination that is equivalent to or more
5110 stringent than the examination required by the department board,
5111 may take the examination required by the department board
5112 without completing additional education requirements. Such
5113 application must be submitted to the department board while the
5114 applicant holds a valid license in another state or territory or
5115 within 2 years after the expiration of such license.
5116 (4) The department board may refuse to certify any
5117 applicant who is under investigation in any jurisdiction for any
5118 act which would constitute a violation of this act or of chapter
5119 455, until the investigation is complete and disciplinary
5120 proceedings have been terminated.
5121 (5) The department board may refuse to certify any
5122 applicant who has violated any of the provisions of s. 481.325.
5123 Section 171. Subsections (3), (4), and (5) of section
5124 481.313, Florida Statutes, are amended to read:
5125 481.313 Renewal of license.—

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5126 (3) No license renewal shall be issued to a landscape
5127 architect by the department until the licensee submits proof,
5128 satisfactory to the department, that during the 2-year period
5129 prior to application for renewal, the licensee participated in
5130 such continuing education courses required by the board. The
5131 board shall approve only continuing education courses that
5132 relate to and increase the basic knowledge of landscape
5133 architecture. The board may make an exception from the
5134 requirements of continuing education in emergency or hardship
5135 cases.
5136 (4) The board, by rule adopted pursuant to ss. 120.536(1)
5137 and 120.54, shall establish criteria for the approval of
5138 continuing education courses and providers, and shall by rule
5139 establish criteria for accepting alternative nonclassroom
5140 continuing education on an hour-for-hour basis. A landscape
5141 architect shall receive hour-for-hour credit for attending
5142 continuing education courses approved by the Landscape
5143 Architecture Continuing Education System or another nationally
5144 recognized clearinghouse for continuing education that relate to
5145 and increase his or her basic knowledge of landscape
5146 architecture, as determined by the board, if the landscape
5147 architect submits proof satisfactory to the board that such
5148 course was approved by the Landscape Architecture Continuing
5149 Education System or another nationally recognized clearinghouse
5150 for continuing education, along with the syllabus or outline for

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5151 such course and proof of course attendance.
5152 (5) The board shall require, by rule adopted pursuant to
5153 ss. 120.536(1) and 120.54, a specified number of hours in
5154 specialized or advanced courses, approved by the Florida
5155 Building Commission, on any portion of the Florida Building
5156 Code, adopted pursuant to part IV of chapter 553, relating to
5157 the licensee's respective area of practice.
5158 Section 172. Section 481.315, Florida Statutes, is amended
5159 to read:
5160 481.315 Inactive status.—
5161 (1) A license that has become inactive or delinquent may
5162 be reactivated under this section upon application to the
5163 department and payment of any applicable biennial renewal or
5164 delinquency fee, or both, and a reactivation fee. The board may
5165 not require a licensee to complete more than one renewal cycle
5166 of continuing education requirements.
5167 (2) The department board shall adopt rules relating to
5168 application procedures for inactive status and for the
5169 reactivation of inactive licenses.
5170 Section 173. Subsection (1) of section 481.317, Florida
5171 Statutes, is amended to read:
5172 481.317 Temporary certificates.—
5173 (1) Upon the approval by the department board and payment
5174 of the fee set in s. 481.307, the department shall grant a
5175 temporary certificate of registration for work on a specified

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5176 project in this state for a period not to exceed 1 year to an
5177 applicant who is licensed in another state or territory to
5178 practice landscape architecture.
5179 Section 174. Subsection (3) of section 481.319, Florida
5180 Statutes, is amended to read:
5181 481.319 Corporate and partnership practice of landscape
5182 architecture.—
5183 (3) A landscape architect applying to practice in the name
5184 of a corporation must file with the department the names and
5185 addresses of all officers and department board members of the
5186 corporation, including the principal officer or officers, duly
5187 registered to practice landscape architecture in this state and,
5188 also, of all individuals duly registered to practice landscape
5189 architecture in this state who shall be in responsible charge of
5190 the practice of landscape architecture by the corporation in
5191 this state. A landscape architect applying to practice in the
5192 name of a partnership must file with the department the names
5193 and addresses of all partners of the partnership, including the
5194 partner or partners duly registered to practice landscape
5195 architecture in this state and, also, of an individual or
5196 individuals duly registered to practice landscape architecture
5197 in this state who shall be in responsible charge of the practice
5198 of landscape architecture by said partnership in this state.
5199 Section 175. Subsections (1) and (2) of section 481.321,
5200 Florida Statutes, are amended to read:

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5201 481.321 Seals; display of certificate number.—
5202 (1) The department board shall prescribe, by rule, one or
5203 more forms of seals for use by a registered landscape architect
5204 who holds a valid certificate of registration. Each registered
5205 landscape architect shall obtain one seal in a form approved by
5206 rule of the department board and may, in addition, register her
5207 or his seal electronically in accordance with ss. 668.001-
5208 668.006. All final plans, specifications, or reports prepared or
5209 issued by the registered landscape architect and filed for
5210 public record shall be signed by the registered landscape
5211 architect, dated, and stamped or sealed electronically with her
5212 or his seal. The signature, date, and seal constitute evidence
5213 of the authenticity of that to which they are affixed. Final
5214 plans, specifications, or reports prepared or issued by a
5215 registered landscape architect may be transmitted electronically
5216 and may be signed by the registered landscape architect, dated,
5217 and sealed electronically with the seal in accordance with ss.
5218 668.001-668.006.
5219 (2) It is unlawful for any person to sign and seal by any
5220 means any final plan, specification, or report after her or his
5221 certificate of registration is expired, suspended, or revoked. A
5222 registered landscape architect whose certificate of registration
5223 is suspended or revoked shall, within 30 days after the
5224 effective date of the suspension or revocation, surrender her or
5225 his seal to the department executive director of the board and

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5226 confirm in writing to the department executive director the
5227 cancellation of the landscape architect's electronic signature
5228 in accordance with ss. 668.001-668.006. When a landscape
5229 architect's certificate of registration is suspended for a
5230 period of time, her or his seal shall be returned upon
5231 expiration of the period of suspension.
5232 Section 176. Paragraph (d) of subsection (1) of section
5233 481.323, Florida Statutes, is amended to read:
5234 481.323 Prohibitions; penalties.—
5235 (1) A person may not knowingly:
5236 (d) Give false or forged evidence to the department board
5237 or a member thereof;
5238 Section 177. Subsections (2), (3), and (4) of section
5239 481.325, Florida Statutes, are amended to read:
5240 481.325 Disciplinary proceedings.—
5241 (2) The department board shall specify, by rule, what acts
5242 or omissions constitute a violation of subsection (1).
5243 (3) When the department board finds any registered
5244 landscape architect guilty of any of the grounds set forth in
5245 subsection (1), it may enter an order imposing one or more of
5246 the following penalties:
5247 (a) Denial of an application for licensure.
5248 (b) Revocation or suspension of a license.
5249 (c) Imposition of an administrative fine not to exceed
5250 $1,000 for each count or separate offense and a fine of up to

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5251 $5,000 for matters pertaining to a material violation of the
5252 Florida Building Code as reported by a local jurisdiction.
5253 (d) Issuance of a reprimand.
5254 (e) Placement of the registered landscape architect on
5255 probation for a period of time and subject to such conditions as
5256 the department board may specify, including requiring the
5257 registered landscape architect to attend continuing education
5258 courses or to work under the supervision of another registered
5259 landscape architect.
5260 (f) Restriction of the authorized scope of practice by the
5261 registered landscape architect.
5262 (4) The department shall reissue the license of a
5263 disciplined registered landscape architect upon certification by
5264 the department board that she or he has complied with all of the
5265 terms and conditions set forth in the final order.
5266 Section 178. Paragraph (c) of subsection (7) of section
5267 489.103, Florida Statutes, is amended to read:
5268 489.103 Exemptions.—This part does not apply to:
5269 (7)
5270 (c) To qualify for exemption under this subsection, an
5271 owner must personally appear and sign the building permit
5272 application and must satisfy local permitting agency
5273 requirements, if any, proving that the owner has a complete
5274 understanding of the owner's obligations under the law as
5275 specified in the disclosure statement in this section. However,

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5276 for purposes of implementing a "United States Department of
5277 Energy SunShot Initiative: Rooftop Solar Challenge" grant and
5278 the participation of county and municipal governments, including
5279 local permitting agencies under the jurisdiction of such county
5280 and municipal governments, an owner's notarized signature or
5281 personal appearance to sign the permit application is not
5282 required for a solar project, as described in subparagraph
5283 (a)3., if the building permit application is submitted
5284 electronically to the permitting agency and the owner certifies
5285 the application and disclosure statement using the permitting
5286 agency's electronic confirmation system. If any person violates
5287 the requirements of this subsection, the local permitting agency
5288 shall withhold final approval, revoke the permit, or pursue any
5289 action or remedy for unlicensed activity against the owner and
5290 any person performing work that requires licensure under the
5291 permit issued. The local permitting agency shall provide the
5292 person with a disclosure statement in substantially the
5293 following form:
5294 DISCLOSURE STATEMENT
5295 1. I understand that state law requires construction to be done
5296 by a licensed contractor and have applied for an owner-builder
5297 permit under an exemption from the law. The exemption specifies
5298 that I, as the owner of the property listed, may act as my own
5299 contractor with certain restrictions even though I do not have a
5300 license.

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5301 2. I understand that building permits are not required to be
5302 signed by a property owner unless he or she is responsible for
5303 the construction and is not hiring a licensed contractor to
5304 assume responsibility.
5305 3. I understand that, as an owner-builder, I am the responsible
5306 party of record on a permit. I understand that I may protect
5307 myself from potential financial risk by hiring a licensed
5308 contractor and having the permit filed in his or her name
5309 instead of my own name. I also understand that a contractor is
5310 required by law to be licensed in Florida and to list his or her
5311 license numbers on permits and contracts.
5312 4. I understand that I may build or improve a one-family or
5313 two-family residence or a farm outbuilding. I may also build or
5314 improve a commercial building if the costs do not exceed
5315 $75,000. The building or residence must be for my own use or
5316 occupancy. It may not be built or substantially improved for
5317 sale or lease, unless I am completing the requirements of a
5318 building permit where the contractor listed on the permit
5319 substantially completed the project. If a building or residence
5320 that I have built or substantially improved myself is sold or
5321 leased within 1 year after the construction is complete, the law
5322 will presume that I built or substantially improved it for sale
5323 or lease, which violates the exemption.
5324 5. I understand that, as the owner-builder, I must provide
5325 direct, onsite supervision of the construction.

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5326 6. I understand that I may not hire an unlicensed person to act
5327 as my contractor or to supervise persons working on my building
5328 or residence. It is my responsibility to ensure that the persons
5329 whom I employ have the licenses required by law and by county or
5330 municipal ordinance.
5331 7. I understand that it is a frequent practice of unlicensed
5332 persons to have the property owner obtain an owner-builder
5333 permit that erroneously implies that the property owner is
5334 providing his or her own labor and materials. I, as an owner-
5335 builder, may be held liable and subjected to serious financial
5336 risk for any injuries sustained by an unlicensed person or his
5337 or her employees while working on my property. My homeowner's
5338 insurance may not provide coverage for those injuries. I am
5339 willfully acting as an owner-builder and am aware of the limits
5340 of my insurance coverage for injuries to workers on my property.
5341 8. I understand that I may not delegate the responsibility for
5342 supervising work to a licensed contractor who is not licensed to
5343 perform the work being done. Any person working on my building
5344 who is not licensed must work under my direct supervision and
5345 must be employed by me, which means that I must comply with laws
5346 requiring the withholding of federal income tax and social
5347 security contributions under the Federal Insurance Contributions
5348 Act (FICA) and must provide workers' compensation for the
5349 employee. I understand that my failure to follow these laws may
5350 subject me to serious financial risk.

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5351 9. I agree that, as the party legally and financially
5352 responsible for this proposed construction activity, I will
5353 abide by all applicable laws and requirements that govern owner-
5354 builders as well as employers. I also understand that the
5355 construction must comply with all applicable laws, ordinances,
5356 building codes, and zoning regulations.
5357 10. I understand that I may obtain more information regarding
5358 my obligations as an employer from the Internal Revenue Service,
5359 the United States Small Business Administration, the Florida
5360 Department of Financial Services, and the Florida Department of
5361 Revenue. I also understand that I may contact the Department of
5362 Business and Professional Regulation Florida Construction
5363 Industry Licensing Board at ...(telephone number)... or
5364 ...(Internet website address)... for more information about
5365 licensed contractors.
5366 11. I am aware of, and consent to, an owner-builder building
5367 permit applied for in my name and understand that I am the party
5368 legally and financially responsible for the proposed
5369 construction activity at the following address: ...(address of
5370 property)....
5371 12. I agree to notify ...(issuer of disclosure statements)...
5372 immediately of any additions, deletions, or changes to any of
5373 the information that I have provided on this disclosure.
5374 Licensed contractors are regulated by laws designed to protect
5375 the public. If you contract with a person who does not have a

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5376 license, the Construction Industry Licensing Board and
5377 Department of Business and Professional Regulation may be unable
5378 to assist you with any financial loss that you sustain as a
5379 result of a complaint. Your only remedy against an unlicensed
5380 contractor may be in civil court. It is also important for you
5381 to understand that, if an unlicensed contractor or employee of
5382 an individual or firm is injured while working on your property,
5383 you may be held liable for damages. If you obtain an owner-
5384 builder permit and wish to hire a licensed contractor, you will
5385 be responsible for verifying whether the contractor is properly
5386 licensed and the status of the contractor's workers'
5387 compensation coverage.
5388 Before a building permit can be issued, this disclosure
5389 statement must be completed and signed by the property owner and
5390 returned to the local permitting agency responsible for issuing
5391 the permit. A copy of the property owner's driver license, the
5392 notarized signature of the property owner, or other type of
5393 verification acceptable to the local permitting agency is
5394 required when the permit is issued.
5395 Signature: ...(signature of property owner)....
5396 Date: ...(date)....
5397 Section 179. Subsections (2) through (19) of section
5398 489.105, Florida Statutes, are renumbered as subsections (1)
5399 through (18), respectively, and subsection (1) and present
5400 subsection (6) of that section are amended, to read:

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5401 489.105 Definitions.—As used in this part:
5402 (1) "Board" means the Construction Industry Licensing
5403 Board.
5404 (5)(6) "Contracting" means, except as exempted in this
5405 part, engaging in business as a contractor and includes, but is
5406 not limited to, performance of any of the acts as set forth in
5407 subsection (2) (3) which define types of contractors. The
5408 attempted sale of contracting services and the negotiation or
5409 bid for a contract on these services also constitutes
5410 contracting. If the services offered require licensure or agent
5411 qualification, the offering, negotiation for a bid, or attempted
5412 sale of these services requires the corresponding licensure.
5413 However, the term "contracting" does shall not extend to an
5414 individual, partnership, corporation, trust, or other legal
5415 entity that offers to sell or sells completed residences on
5416 property on which the individual or business entity has any
5417 legal or equitable interest, or to the individual or business
5418 entity that offers to sell or sells manufactured or factory-
5419 built buildings that will be completed on site on property on
5420 which either party to a contract has any legal or equitable
5421 interest, if the services of a qualified contractor certified or
5422 registered pursuant to the requirements of this chapter have
5423 been or will be retained for the purpose of constructing or
5424 completing such residences.
5425 Section 180. Section 489.108, Florida Statutes, is amended

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5426 to read:
5427 489.108 Rulemaking authority.—The department board has
5428 authority to adopt rules pursuant to ss. 120.536(1) and 120.54
5429 to implement the provisions of this chapter conferring duties
5430 upon it.
5431 Section 181. Paragraphs (c), (e), (f), and (g) of
5432 subsection (1) and subsection (2) of section 489.109, Florida
5433 Statutes, are amended to read:
5434 489.109 Fees.—
5435 (1) The department board, by rule, shall establish
5436 reasonable fees to be paid for applications, certification and
5437 renewal, registration and renewal, and recordmaking and
5438 recordkeeping. The fees shall be established as follows:
5439 (c) The department board, by rule, may establish
5440 delinquency fees, not to exceed the applicable renewal fee for
5441 renewal applications made after the expiration date of the
5442 certificate or registration.
5443 (e) The department board, by rule, shall impose a renewal
5444 fee for an inactive status certificate or registration, not to
5445 exceed the renewal fee for an active status certificate or
5446 registration. Neither the inactive certification fee nor the
5447 inactive registration fee may exceed $50. The department board,
5448 by rule, may provide for a different fee for inactive status
5449 where such status is sought by a building code administrator,
5450 plans examiner, or inspector certified pursuant to part XII of

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5451 chapter 468 who is employed by a local government and is not
5452 allowed by the terms of such employment to maintain a
5453 certificate on active status issued pursuant to this part.
5454 (f) The department board, by rule, shall impose an
5455 additional late fee on a delinquent status certificateholder or
5456 registrant when such certificateholder or registrant applies for
5457 active or inactive status.
5458 (g) The department board, by rule, shall impose an
5459 additional fee, not to exceed the applicable renewal fee, which
5460 reasonably reflects the costs of processing a
5461 certificateholder's or registrant's request to change licensure
5462 status at any time other than at the beginning of a licensure
5463 cycle.
5464 (2) The board shall establish fees that are adequate to
5465 ensure the continued operation of the board. Fees shall be based
5466 on department estimates of the revenue required to implement
5467 this part and the provisions of law with respect to the
5468 regulation of the construction industry.
5469 Section 182. Paragraph (c) of subsection (2) and
5470 subsection (3) of section 489.111, Florida Statutes, are amended
5471 to read:
5472 489.111 Licensure by examination.—
5473 (2) A person shall be eligible for licensure by
5474 examination if the person:
5475 (c) Meets eligibility requirements according to one of the

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5476 following criteria:
5477 1. Has received a baccalaureate degree from an accredited
5478 4-year college in the appropriate field of engineering,
5479 architecture, or building construction and has 1 year of proven
5480 experience in the category in which the person seeks to qualify.
5481 For the purpose of this part, a minimum of 2,000 person-hours
5482 shall be used in determining full-time equivalency. An applicant
5483 who is exempt from passing an examination under s. 489.113(1) is
5484 eligible for a license under this section.
5485 2. Has a total of at least 4 years of active experience as
5486 a worker who has learned the trade by serving an apprenticeship
5487 as a skilled worker who is able to command the rate of a
5488 mechanic in the particular trade or as a foreman who is in
5489 charge of a group of workers and usually is responsible to a
5490 superintendent or a contractor or his or her equivalent;
5491 provided, however, that at least 1 year of active experience
5492 shall be as a foreman.
5493 3. Has a combination of not less than 1 year of experience
5494 as a foreman and not less than 3 years of credits for any
5495 accredited college-level courses; has a combination of not less
5496 than 1 year of experience as a skilled worker, 1 year of
5497 experience as a foreman, and not less than 2 years of credits
5498 for any accredited college-level courses; or has a combination
5499 of not less than 2 years of experience as a skilled worker, 1
5500 year of experience as a foreman, and not less than 1 year of

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5501 credits for any accredited college-level courses. All junior
5502 college or community college-level courses shall be considered
5503 accredited college-level courses.
5504 4.a. An active certified residential contractor is
5505 eligible to receive a certified building contractor license
5506 after passing or having previously passed the building
5507 contractors' examination if he or she possesses a minimum of 3
5508 years of proven experience in the classification in which he or
5509 she is certified.
5510 b. An active certified residential contractor is eligible
5511 to receive a certified general contractor license after passing
5512 or having previously passed the general contractors' examination
5513 if he or she possesses a minimum of 4 years of proven experience
5514 in the classification in which he or she is certified.
5515 c. An active certified building contractor is eligible to
5516 receive a certified general contractor license after passing or
5517 having previously passed the general contractors' examination if
5518 he or she possesses a minimum of 4 years of proven experience in
5519 the classification in which he or she is certified.
5520 5.a. An active certified air-conditioning Class C
5521 contractor is eligible to receive a certified air-conditioning
5522 Class B contractor license after passing or having previously
5523 passed the air-conditioning Class B contractors' examination if
5524 he or she possesses a minimum of 3 years of proven experience in
5525 the classification in which he or she is certified.

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5526 b. An active certified air-conditioning Class C contractor
5527 is eligible to receive a certified air-conditioning Class A
5528 contractor license after passing or having previously passed the
5529 air-conditioning Class A contractors' examination if he or she
5530 possesses a minimum of 4 years of proven experience in the
5531 classification in which he or she is certified.
5532 c. An active certified air-conditioning Class B contractor
5533 is eligible to receive a certified air-conditioning Class A
5534 contractor license after passing or having previously passed the
5535 air-conditioning Class A contractors' examination if he or she
5536 possesses a minimum of 1 year of proven experience in the
5537 classification in which he or she is certified.
5538 6.a. An active certified swimming pool servicing
5539 contractor is eligible to receive a certified residential
5540 swimming pool contractor license after passing or having
5541 previously passed the residential swimming pool contractors'
5542 examination if he or she possesses a minimum of 3 years of
5543 proven experience in the classification in which he or she is
5544 certified.
5545 b. An active certified swimming pool servicing contractor
5546 is eligible to receive a certified commercial swimming pool
5547 contractor license after passing or having previously passed the
5548 swimming pool commercial contractors' examination if he or she
5549 possesses a minimum of 4 years of proven experience in the
5550 classification in which he or she is certified.

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5551 c. An active certified residential swimming pool
5552 contractor is eligible to receive a certified commercial
5553 swimming pool contractor license after passing or having
5554 previously passed the commercial swimming pool contractors'
5555 examination if he or she possesses a minimum of 1 year of proven
5556 experience in the classification in which he or she is
5557 certified.
5558 d. An applicant is eligible to receive a certified
5559 swimming pool/spa servicing contractor license after passing or
5560 having previously passed the swimming pool/spa servicing
5561 contractors' examination if he or she has satisfactorily
5562 completed 60 hours of instruction in courses related to the
5563 scope of work covered by that license and approved by the
5564 department Construction Industry Licensing Board by rule and has
5565 at least 1 year of proven experience related to the scope of
5566 work of such a contractor.
5567 (3)(a) The department board may refuse to certify an
5568 applicant for failure to satisfy the requirement of good moral
5569 character only if:
5570 1. There is a substantial connection between the lack of
5571 good moral character of the applicant and the professional
5572 responsibilities of a certified contractor; and
5573 2. The finding by the department board of lack of good
5574 moral character is supported by clear and convincing evidence.
5575 (b) When an applicant is found to be unqualified for a

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5576 certificate because of a lack of good moral character, the
5577 department board shall furnish the applicant a statement
5578 containing the findings of the department board, a complete
5579 record of the evidence upon which the determination was based,
5580 and a notice of the rights of the applicant to a rehearing and
5581 appeal.
5582 Section 183. Subsections (1) and (2), paragraph (f) of
5583 subsection (3), and subsections (6), (7), and (8) of section
5584 489.113, Florida Statutes, are amended to read:
5585 489.113 Qualifications for practice; restrictions.—
5586 (1) Any person who desires to engage in contracting on a
5587 statewide basis shall, as a prerequisite thereto, establish his
5588 or her competency and qualifications to be certified pursuant to
5589 this part. To establish competency, a person shall pass the
5590 appropriate examination approved by the board and certified by
5591 the department. If an applicant has received a baccalaureate
5592 degree in building construction from an accredited 4-year
5593 college, or a related degree as approved by the department board
5594 by rule, and has a grade point average of 3.0 or higher, such
5595 applicant is only required to take and pass the business and
5596 finance portion of the examination. Any person who desires to
5597 engage in contracting on other than a statewide basis shall, as
5598 a prerequisite thereto, be registered pursuant to this part,
5599 unless exempted by this part.
5600 (2) A person must be certified or registered in order to

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5601 engage in the business of contracting in this state. However,
5602 for purposes of complying with the provisions of this chapter, a
5603 subcontractor who is not certified or registered may perform
5604 construction work under the supervision of a person who is
5605 certified or registered, provided that the work is within the
5606 scope of the supervising contractor's license, the supervising
5607 contractor is responsible for the work, and the subcontractor
5608 being supervised is not engaged in construction work that would
5609 require a license as a contractor under any of the categories
5610 listed in s. 489.105(2)(d)-(o) s. 489.105(3)(d)-(o). This
5611 subsection does not affect the application of any local
5612 construction licensing ordinances. To enforce this subsection:
5613 (a) The department shall issue a cease and desist order to
5614 prohibit any person from engaging in the business of contracting
5615 who does not hold the required certification or registration for
5616 the work being performed under this part. For the purpose of
5617 enforcing a cease and desist order, the department may file a
5618 proceeding in the name of the state seeking issuance of an
5619 injunction or a writ of mandamus against any person who violates
5620 any provision of such order.
5621 (b) A county, municipality, or local licensing board
5622 created by special act may issue a cease and desist order to
5623 prohibit any person from engaging in the business of contracting
5624 who does not hold the required certification or registration for
5625 the work being performed under this part.

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5626 (3) A contractor shall subcontract all electrical,
5627 mechanical, plumbing, roofing, sheet metal, swimming pool, and
5628 air-conditioning work, unless such contractor holds a state
5629 certificate or registration in the respective trade category,
5630 however:
5631 (f) A solar contractor may shall not be required to
5632 subcontract minor, as defined by department board rule,
5633 electrical, mechanical, plumbing, or roofing work so long as
5634 that work is within the scope of the license held by the solar
5635 contractor and where such work exclusively pertains to the
5636 installation of residential solar energy equipment as defined by
5637 rules of the department board adopted in conjunction with the
5638 Electrical Contracting Licensing Board.
5639 (6)(a) The department board shall, by rule, designate
5640 those types of specialty contractors which may be certified
5641 under this part. The limit of the scope of work and
5642 responsibility of a specialty contractor shall be established by
5643 the department board by rule. However, a certified specialty
5644 contractor category established by department board rule exists
5645 as a voluntary statewide licensing category and does not create
5646 a mandatory licensing requirement. Any mandatory statewide
5647 construction contracting licensure requirement may only be
5648 established through specific statutory provision.
5649 (b) By July 1, 2025, the department board shall, by rule,
5650 establish certified specialty contractor categories for

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5651 voluntary licensure for all of the following:
5652 1. Structural aluminum or screen enclosures.
5653 2. Marine seawall work.
5654 3. Marine bulkhead work.
5655 4. Marine dock work.
5656 5. Marine pile driving.
5657 6. Structural masonry.
5658 7. Structural prestressed, precast concrete work.
5659 8. Rooftop solar heating installation.
5660 9. Structural steel.
5661 10. Window and door installation, including garage door
5662 installation and hurricane or windstorm protection.
5663 11. Plaster and lath.
5664 12. Structural carpentry.
5665 (7) If an eligible applicant fails any contractor's
5666 written examination, except the general and building
5667 contractors' examination, and provides the department board with
5668 acceptable proof of lack of comprehension of written
5669 examinations, the applicant may petition the department board to
5670 be administered a uniform oral examination, subject to the
5671 following conditions:
5672 (a) The applicant documents 10 years of experience in the
5673 appropriate construction craft.
5674 (b) The applicant files written recommendations concerning
5675 his or her competency in the appropriate construction craft.

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5676 (c) The applicant is administered only one oral
5677 examination within a period of 1 year.
5678 (8) Any public record of the department board, when
5679 certified by the department executive director of the board or
5680 the executive director's representative, may be received as
5681 prima facie evidence in any administrative or judicial
5682 proceeding.
5683 Section 184. Subsection (1) of section 489.1131, Florida
5684 Statutes, is amended to read:
5685 489.1131 Credit for relevant military training and
5686 education.—
5687 (1) The department shall provide a method by which
5688 honorably discharged veterans may apply for licensure. The
5689 method must include a veteran-specific application and provide:
5690 (a) To the fullest extent possible, credit toward the
5691 requirements for licensure for military experience, training,
5692 and education received and completed during service in the
5693 United States Armed Forces if the military experience, training,
5694 or education is substantially similar to the experience,
5695 training, or education required for licensure.
5696 (b) Acceptance of up to 3 years of active duty service in
5697 the United States Armed Forces, regardless of duty or training,
5698 to meet the experience requirements of s. 489.111(2)(c). At
5699 least 1 additional year of active experience as a foreman in the
5700 trade, either civilian or military, is required to fulfill the

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5701 experience requirement of s. 489.111(2)(c).
5702
5703 The department board may adopt rules pursuant to ss. 120.536(1)
5704 and 120.54 to implement this subsection.
5705 Section 185. Subsection (1) of section 489.1136, Florida
5706 Statutes, is amended to read:
5707 489.1136 Medical gas certification.—
5708 (1)(a) In addition to the certification or registration
5709 required to engage in business as a plumbing contractor, any
5710 plumbing contractor who wishes to engage in the business of
5711 installation, improvement, repair, or maintenance of any tubing,
5712 pipe, or similar conduit used to transport gaseous or partly
5713 gaseous substances for medical purposes shall take, as part of
5714 the contractor's continuing education requirement, at least once
5715 during the holding of such license, a course of at least 6 hours
5716 before any installation, improvement, repair, or maintenance of
5717 any tubing, pipe, or similar conduit used to transport gaseous
5718 or partly gaseous substances for medical purposes. Such course
5719 shall be given by an instructional facility or teaching entity
5720 that has been approved by the department board. In order for a
5721 course to be approved, the department board must find that the
5722 course is designed to teach familiarity with the National Fire
5723 Prevention Association Standard 99C (Standard on Gas and Vacuum
5724 Systems, latest edition) and also designed to teach familiarity
5725 and practical ability in performing and inspecting brazing

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5726 duties required of medical gas installation, improvement,
5727 repair, or maintenance work. Such course shall issue a
5728 certificate of completion to the taker of the course, which
5729 certificate shall be available for inspection by any entity or
5730 person seeking to have such contractor engage in the business of
5731 installation, improvement, repair, or maintenance of a medical
5732 gas system.
5733 (b) Any other natural person who is employed by a licensed
5734 plumbing contractor to provide work on the installation,
5735 improvement, repair, or maintenance of a medical gas system,
5736 except as noted in paragraph (c), shall, as a prerequisite to
5737 his or her ability to provide such service, take a course
5738 approved by the department board. Such course shall be at least
5739 8 hours and consist of both classroom and practical work
5740 designed to teach familiarity with the National Fire Prevention
5741 Association Standard 99C (Standard on Gas and Vacuum Systems,
5742 latest edition) and also designed to teach familiarity and
5743 practical ability in performing and inspecting brazing duties
5744 required of medical gas installation, improvement, repair, or
5745 maintenance work. Such course shall also include the
5746 administration of a practical examination in the skills required
5747 to perform work as outlined above, including brazing, and each
5748 examination shall be reasonably constructed to test for
5749 knowledge of the subject matter. The person taking such course
5750 and examination must, upon successful completion of both, be

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5751 issued a certificate of completion by the giver of such course,
5752 which certificate shall be made available by the holder for
5753 inspection by any person or entity seeking to have such person
5754 perform work on the installation, improvement, repair, or
5755 maintenance of a medical gas system.
5756 (c) Any other natural person who wishes to perform only
5757 brazing duties incidental to the installation, improvement,
5758 repair, or maintenance of a medical gas system shall pass an
5759 examination designed to show that person's familiarity with and
5760 practical ability in performing brazing duties required of
5761 medical gas installation, improvement, repair, or maintenance.
5762 Such examination shall be from a test approved by the department
5763 board. Such examination must test for knowledge of National Fire
5764 Prevention Association Standard 99C (Standard on Gas and Vacuum
5765 Systems, latest edition). The person taking such examination
5766 must, upon passing such examination, be issued a certificate of
5767 completion by the giver of such examination, and such
5768 certificate shall be made available by the holder for inspection
5769 by any person or entity seeking to have or employ such person to
5770 perform brazing duties on a medical gas system.
5771 (d) It is the responsibility of the licensed plumbing
5772 contractor to ascertain whether members of his or her workforce
5773 are in compliance with this subsection, and such contractor is
5774 subject to discipline under s. 489.129 for violation of this
5775 subsection.

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5776 (e) Training programs in medical gas piping installation,
5777 improvement, repair, or maintenance shall be reviewed annually
5778 by the department board to ensure that programs have been
5779 provided equitably across the state.
5780 (f) Periodically, the department board shall review
5781 training programs in medical gas piping installation for quality
5782 in content and instruction in accordance with the National Fire
5783 Prevention Association Standard 99C (Standard on Gas and Vacuum
5784 Systems, latest edition). The department board shall also
5785 respond to complaints regarding approved programs.
5786 Section 186. Section 489.114, Florida Statutes, is amended
5787 to read:
5788 489.114 Evidence of workers' compensation coverage.—Except
5789 as provided in s. 489.115(5)(d), any person, business
5790 organization, or qualifying agent engaged in the business of
5791 contracting in this state and certified or registered under this
5792 part shall, as a condition precedent to the issuance or renewal
5793 of a certificate or registration of the contractor, provide to
5794 the department Construction Industry Licensing Board, as
5795 provided by department board rule, evidence of workers'
5796 compensation coverage pursuant to chapter 440. In the event that
5797 the Division of Workers' Compensation of the Department of
5798 Financial Services receives notice of the cancellation of a
5799 policy of workers' compensation insurance insuring a person or
5800 entity governed by this section, the Division of Workers'

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5801 Compensation shall certify and identify all persons or entities
5802 by certification or registration license number to the
5803 department after verification is made by the Division of
5804 Workers' Compensation that persons or entities governed by this
5805 section are no longer covered by workers' compensation
5806 insurance. Such certification and verification by the Division
5807 of Workers' Compensation may result from records furnished to
5808 the Division of Workers' Compensation by the persons or entities
5809 governed by this section or an investigation completed by the
5810 Division of Workers' Compensation. The department shall notify
5811 the persons or entities governed by this section who have been
5812 determined to be in noncompliance with chapter 440, and the
5813 persons or entities notified shall provide certification of
5814 compliance with chapter 440 to the department and pay an
5815 administrative fine in the amount of $500. The failure to
5816 maintain workers' compensation coverage as required by law shall
5817 be grounds for the department board to revoke, suspend, or deny
5818 the issuance or renewal of a certificate or registration of the
5819 contractor under the provisions of s. 489.129.
5820 Section 187. Paragraph (a) of subsection (2), subsection
5821 (3), paragraph (b) of subsection (4), and subsections (5), (6),
5822 (7), and (9) of section 489.115, Florida Statutes, are amended
5823 to read:
5824 489.115 Certification and registration; endorsement;
5825 reciprocity; renewals; continuing education.—

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5826 (2)(a) The department shall issue a certificate or
5827 registration to each person qualified by the department board
5828 and upon receipt of the original license fee.
5829 (3) The department board shall certify as qualified for
5830 certification by endorsement any applicant who:
5831 (a) Meets the requirements for certification as set forth
5832 in this section; has passed a national, regional, state, or
5833 United States territorial licensing examination that is
5834 substantially equivalent to the examination required by this
5835 part; and has satisfied the requirements set forth in s.
5836 489.111;
5837 (b) Holds a valid license to practice contracting issued
5838 by another state or territory of the United States, if the
5839 criteria for issuance of such license were substantially
5840 equivalent to Florida's current certification criteria;
5841 (c) Holds a valid, current license to practice contracting
5842 issued by another state or territory of the United States, if
5843 the state or territory has entered into a reciprocal agreement
5844 with the department board for the recognition of contractor
5845 licenses issued in that state, based on criteria for the
5846 issuance of such licenses that are substantially equivalent to
5847 the criteria for certification in this state; or
5848 (d) Has held a valid, current license to practice
5849 contracting issued by another state or territory of the United
5850 States for at least 10 years before the date of application and

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5851 is applying for the same or similar license in this state,
5852 subject to subsections (5)-(9). The department board may
5853 consider an applicant's technical competence to ensure the
5854 applicant is able to meet the requirements of this state's codes
5855 and standards for wind mitigation and water intrusion. The
5856 department board may also consider whether such applicant has
5857 had a license to practice contracting revoked, suspended, or
5858 otherwise acted against by the licensing authority of another
5859 state, territory, or country. Such application must be made
5860 either when the license in another state or territory is active
5861 or within 2 years after such license was last active. Division I
5862 contractors and roofing contractors must complete a 2-hour
5863 course on the Florida Building Code which includes information
5864 on wind mitigation techniques. The required courses may be
5865 completed online.
5866 (4)
5867 (b)1. Each certificateholder or registrant shall provide
5868 proof, in a form established by rule of the board, that the
5869 certificateholder or registrant has completed at least 14
5870 classroom hours of at least 50 minutes each of continuing
5871 education courses during each biennium since the issuance or
5872 renewal of the certificate or registration. The board shall
5873 establish by rule that a portion of the required 14 hours must
5874 deal with the subject of workers' compensation, business
5875 practices, workplace safety, and, for applicable licensure

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5876 categories, wind mitigation methodologies, and 1 hour of which
5877 must deal with laws and rules. The board shall by rule establish
5878 criteria for the approval of continuing education courses and
5879 providers, including requirements relating to the content of
5880 courses and standards for approval of providers, and may by rule
5881 establish criteria for accepting alternative nonclassroom
5882 continuing education on an hour-for-hour basis. The board shall
5883 prescribe by rule the continuing education, if any, which is
5884 required during the first biennium of initial licensure. A
5885 person who has been licensed for less than an entire biennium
5886 must not be required to complete the full 14 hours of continuing
5887 education.
5888 2. In addition, the board may approve specialized
5889 continuing education courses on compliance with the wind
5890 resistance provisions for one and two family dwellings contained
5891 in the Florida Building Code and any alternate methodologies for
5892 providing such wind resistance which have been approved for use
5893 by the Florida Building Commission. Division I
5894 certificateholders or registrants who demonstrate proficiency
5895 upon completion of such specialized courses may certify plans
5896 and specifications for one and two family dwellings to be in
5897 compliance with the code or alternate methodologies, as
5898 appropriate, except for dwellings located in floodways or
5899 coastal hazard areas as defined in ss. 60.3D and E of the
5900 National Flood Insurance Program.

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5901 3. The board shall require, by rule adopted pursuant to
5902 ss. 120.536(1) and 120.54, a specified number of hours in
5903 specialized or advanced module courses, approved by the Florida
5904 Building Commission, on any portion of the Florida Building
5905 Code, adopted pursuant to part IV of chapter 553, relating to
5906 the contractor's respective discipline.
5907 (5)(a) As a prerequisite to the initial issuance or the
5908 renewal of a certificate or registration, the applicant shall
5909 submit an affidavit on a form provided by the department board
5910 attesting to the fact that the applicant has obtained workers'
5911 compensation insurance as required by chapter 440, public
5912 liability insurance, and property damage insurance for the
5913 safety and welfare of the public, in amounts determined by rule
5914 of the department board. The department board shall by rule
5915 establish a procedure to verify the accuracy of such affidavits
5916 based upon a random sample method.
5917 (b) In addition to the affidavit of insurance, as a
5918 prerequisite to the initial issuance of a certificate, the
5919 applicant shall furnish a credit report from a nationally
5920 recognized credit agency that reflects the financial
5921 responsibility of the applicant and evidence of financial
5922 responsibility, credit, and business reputation of either
5923 himself or herself or the business organization he or she
5924 desires to qualify. The department board shall adopt rules
5925 defining financial responsibility based upon the applicant's

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5926 credit history, ability to be bonded, and any history of
5927 bankruptcy or assignment of receivers. The department board may
5928 also adopt rules that would allow applicants to demonstrate
5929 financial responsibility, as an alternative to the foregoing, by
5930 providing minimum credit scores or bonds payable as prescribed
5931 for financially responsible officers. Such rules shall specify
5932 the financial responsibility grounds on which the department
5933 board may refuse to qualify an applicant for certification.
5934 (c) If, within 60 days from the date the applicant is
5935 notified that he or she has qualified, he or she does not
5936 provide the evidence required, he or she shall apply to the
5937 department for an extension of time which shall be granted upon
5938 a showing of just cause.
5939 (d) An applicant for initial issuance of a certificate or
5940 registration shall submit as a prerequisite to qualifying for an
5941 exemption from workers' compensation coverage requirements under
5942 s. 440.05 an affidavit attesting to the fact that the applicant
5943 will obtain an exemption within 30 days after the date the
5944 initial certificate or registration is issued by the department
5945 board.
5946 (6) An applicant for initial issuance of a certificate or
5947 registration shall submit to a statewide criminal history
5948 records check through the Department of Law Enforcement. The
5949 Department of Business and Professional Regulation shall submit
5950 the requests for the criminal history records check to the

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5951 Department of Law Enforcement for state processing, and the
5952 Department of Law Enforcement shall return the results to the
5953 department to determine if the applicant meets certification or
5954 registration requirements. If the applicant has been convicted
5955 of a felony, the department board may deny licensure to the
5956 applicant based upon the severity of the crime, the relationship
5957 of the crime to contracting, or the potential for public harm.
5958 The department board shall also, in denying or approving
5959 licensure, consider the length of time since the commission of
5960 the crime and the rehabilitation of the applicant. The
5961 department board may not deny licensure to an applicant based
5962 solely upon a felony conviction or the applicant's failure to
5963 provide proof of restoration of civil rights.
5964 (7) An initial applicant shall, along with the
5965 application, and a certificateholder or registrant shall, upon
5966 requesting a change of status, submit to the department board a
5967 credit report from a nationally recognized credit agency that
5968 reflects the financial responsibility of the applicant or
5969 certificateholder or registrant. The credit report required for
5970 the initial applicant shall be considered the minimum evidence
5971 necessary to satisfy the department board that he or she is
5972 financially responsible to be certified, has the necessary
5973 credit and business reputation to engage in contracting in the
5974 state, and has the minimum financial stability necessary to
5975 avoid the problem of financial mismanagement or misconduct. The

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5976 department board shall, by rule, adopt guidelines for
5977 determination of financial stability, which may include minimum
5978 requirements for net worth, cash, and bonding for Division I
5979 certificateholders of no more than $20,000 and for Division II
5980 certificateholders of no more than $10,000. Fifty percent of the
5981 financial requirements may be met by completing a 14-hour
5982 financial responsibility course approved by the department
5983 board.
5984 (9) An initial applicant shall submit, along with the
5985 application, a complete set of fingerprints to the department.
5986 The fingerprints shall be submitted to the Department of Law
5987 Enforcement for state processing, and the Department of Law
5988 Enforcement shall forward them to the Federal Bureau of
5989 Investigation for national processing for the purpose of
5990 determining if the applicant has a criminal history record. The
5991 department shall and the department board may review the
5992 background results to determine if an applicant meets licensure
5993 requirements. The cost for the fingerprint processing shall be
5994 borne by the person subject to the background screening. These
5995 fees are to be collected by the authorized agencies or vendors.
5996 The authorized agencies or vendors are responsible for paying
5997 the processing costs to the Department of Law Enforcement.
5998 Section 188. Subsections (7) and (8) of section 489.116,
5999 Florida Statutes, are renumbered as subsections (6) and (7),
6000 respectively, and subsections (2) through (5) and subsection (6)

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6001 and present subsection (7) of that section are amended, to read:
6002 489.116 Inactive and delinquent status; renewal and
6003 cancellation notices.—
6004 (2) The department board shall permit a certificateholder
6005 or registrant to elect, at the time of licensure renewal, an
6006 active or inactive status.
6007 (3) An inactive status certificateholder or registrant may
6008 change to active status at any time, if the certificateholder or
6009 registrant meets all requirements for active status, pays any
6010 additional licensure fees necessary to equal those imposed on an
6011 active status certificateholder or registrant, pays any
6012 applicable late fees, and meets all continuing education
6013 requirements prescribed by the department board.
6014 (4) A certificateholder or registrant shall apply with a
6015 completed application, as determined by department board rule,
6016 to renew an active or inactive status certificate or
6017 registration before the certificate or registration expires.
6018 Failure of a certificateholder or registrant to so apply shall
6019 cause the certificate or registration to become a delinquent
6020 certificate or registration. Further, any delinquent
6021 certificateholder or registrant who fails to apply to renew
6022 licensure on either active or inactive status before expiration
6023 of the current licensure cycle must reapply in the same manner
6024 as an applicant for initial certification or registration.
6025 (5) A delinquent status certificateholder or registrant

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6026 must apply with a completed application, as determined by
6027 department board rule, for active or inactive status during the
6028 current licensure cycle. Failure by a delinquent status
6029 certificateholder or registrant to become active or inactive
6030 before the expiration of the current licensure cycle renders the
6031 certificate or registration void, and any subsequent licensure
6032 shall be subject to all procedures and requirements imposed on
6033 an applicant for initial licensure.
6034 (6) The board may not require an inactive
6035 certificateholder or registrant to complete more than one
6036 renewal cycle of continuing education for reactivating a
6037 certificate or registration.
6038 (6)(7) The status or any change in status of a
6039 certificateholder or registrant may shall not alter in any way
6040 the department's board's right to impose discipline or to
6041 enforce discipline previously imposed on a certificateholder or
6042 registrant for acts or omissions committed by the
6043 certificateholder or registrant while holding a certificate or
6044 registration.
6045 Section 189. Paragraphs (a) and (c) of subsection (1),
6046 subsection (2), paragraph (a) of subsection (3), and subsection
6047 (4) of section 489.117, Florida Statutes, are amended to read:
6048 489.117 Registration; specialty contractors.—
6049 (1)(a) A person engaged in the business of a contractor as
6050 defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) must be

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6051 registered before engaging in business as a contractor in this
6052 state, unless he or she is certified. Except as provided in
6053 paragraph (2)(b), to be initially registered, the applicant must
6054 submit the required fee and file evidence of successful
6055 compliance with the local examination and licensing
6056 requirements, if any, in the area for which registration is
6057 desired. An examination is not required for registration.
6058 (c) Each registrant shall report to the department board
6059 each local jurisdiction and each category of registration in
6060 which the registrant holds a certificate of competency or
6061 license, or where the registrant has been granted a certificate
6062 of competency or license by reciprocal agreement, for which
6063 registration is required by this part, within 30 days after
6064 obtaining such certificate or license.
6065 (2)(a) Except as provided in paragraph (b), the department
6066 board may not issue a new registration after July 1, 1993, based
6067 on any certificate of competency or license for a category of
6068 contractor defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o)
6069 which is issued by a municipal or county government that does
6070 not exercise disciplinary control and oversight over such
6071 locally licensed contractors, including forwarding a recommended
6072 order in each action to the department board as provided in s.
6073 489.131(7). For purposes of this subsection and s. 489.131(10),
6074 the department board shall determine the adequacy of such
6075 disciplinary control by reviewing the local government's ability

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6076 to process and investigate complaints and to take disciplinary
6077 action against locally licensed contractors.
6078 (b) The department board shall issue a registration to an
6079 eligible applicant to engage in the business of a contractor in
6080 a specified local jurisdiction, provided each of the following
6081 conditions are satisfied:
6082 1. The applicant held, in any local jurisdiction in this
6083 state during 2021, 2022, or 2023, a certificate of registration
6084 issued by the state or a local license issued by a local
6085 jurisdiction to perform work in a category of contractor defined
6086 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o).
6087 2. The applicant submits all of the following to the
6088 department board:
6089 a. Evidence of the certificate of registration or local
6090 license held by the applicant as required by subparagraph 1.
6091 b. Evidence that the specified local jurisdiction does not
6092 have a license type available for the category of work for which
6093 the applicant was issued a certificate of registration or local
6094 license during 2021, 2022, or 2023, such as a notification on
6095 the website of the local jurisdiction or an e-mail or letter
6096 from the office of the local building official or local building
6097 department stating that such license type is not available in
6098 that local jurisdiction.
6099 c. Evidence that the applicant has submitted the required
6100 fee.

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6101 d. Evidence of compliance with the insurance and financial
6102 responsibility requirements of s. 489.115(5).
6103
6104 An examination is not required for an applicant seeking a
6105 registration under this paragraph.
6106 (c) The department board is responsible for disciplining
6107 licensees issued a registration under paragraph (b). The
6108 department board shall make such licensure and disciplinary
6109 information available through the automated information system
6110 provided pursuant to s. 455.2286.
6111 (d) The fees for an applicant seeking a registration under
6112 paragraph (b) and renewal of such registration every 2 years are
6113 the same as the fees established by the department board for
6114 applications, registration and renewal, and record making and
6115 recordkeeping, as set forth in s. 489.109. The department shall
6116 provide license, renewal, and cancellation notices pursuant to
6117 ss. 455.273 and 455.275.
6118 (3)(a) Upon findings of fact supporting the need therefor,
6119 the department board may grant a limited nonrenewable
6120 registration to a contractor not domiciled in the state, for one
6121 project. During the period of such registration the department
6122 board may require compliance with this and any other statute of
6123 the state.
6124 (4)(a)1. A person whose job scope does not substantially
6125 correspond to either the job scope of one of the contractor

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6126 categories defined in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o),
6127 or the job scope of one of the certified specialty contractor
6128 categories established by department board rule, is not required
6129 to register with the department board. A local government, as
6130 defined in s. 163.211, may not require a person to obtain a
6131 license, issued by the local government or the state, for a job
6132 scope which does not substantially correspond to the job scope
6133 of one of the contractor categories defined in s. 489.105(2)(a)-
6134 (o) and (q) s. 489.105(3)(a)-(o) and (q) or authorized in s.
6135 489.1455(1), or the job scope of one of the certified specialty
6136 contractor categories established pursuant to s. 489.113(6). A
6137 local government may not require a state or local license to
6138 obtain a permit for such job scopes. For purposes of this
6139 section, job scopes for which a local government may not require
6140 a license include, but are not limited to, painting; flooring;
6141 cabinetry; interior remodeling when the scope of the project
6142 does not include a task for which a state license is required;
6143 driveway or tennis court installation; handyman services;
6144 decorative stone, tile, marble, granite, or terrazzo
6145 installation; plastering; pressure washing; stuccoing; caulking;
6146 and canvas awning and ornamental iron installation.
6147 2. A county that includes an area designated as an area of
6148 critical state concern under s. 380.05 may offer a license for
6149 any job scope which requires a contractor license under this
6150 part if the county imposed such a licensing requirement before

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6151 January 1, 2021.
6152 3. A local government may continue to offer a license for
6153 veneer, including aluminum or vinyl gutters, siding, soffit, or
6154 fascia; rooftop painting, coating, and cleaning above three
6155 stories in height; or fence installation and erection if the
6156 local government imposed such a licensing requirement before
6157 January 1, 2021.
6158 4. A local government may not require a license as a
6159 prerequisite to submit a bid for public works projects if the
6160 work to be performed does not require a license under general
6161 law.
6162 (b) The local jurisdictions are responsible for providing
6163 the following information to the department board within 30 days
6164 after licensure of, or any disciplinary action against, a
6165 locally licensed contractor who is registered under this part:
6166 1. Licensure information.
6167 2. Code violation information pursuant to s. 553.781.
6168 3. Disciplinary information.
6169
6170 The department board shall maintain such licensure and
6171 disciplinary information as it is provided to the department
6172 board and shall make the information available through the
6173 automated information system provided pursuant to s. 455.2286.
6174 (c) Providing discipline to such locally licensed
6175 contractors is the responsibility of the local jurisdiction.

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6176 (d) Any person who is not required to obtain registration
6177 or certification pursuant to s. 489.105(2)(d)-(o) s.
6178 489.105(3)(d)-(o) may perform contracting services for the
6179 construction, remodeling, repair, or improvement of single-
6180 family residences, including a townhouse as defined in the
6181 Florida Building Code, without obtaining a local license if such
6182 person is under the supervision of a certified or registered
6183 general, building, or residential contractor. As used in this
6184 paragraph, supervision may shall not be deemed to require the
6185 existence of a direct contract between the certified or
6186 registered general, building, or residential contractor and the
6187 person performing specialty contracting services.
6188 (e) Any person who is not certified or registered may
6189 perform the work of a specialty contractor whose scope of
6190 practice is limited to the type of work specified under s.
6191 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l) for the
6192 construction, remodeling, repair, or improvement of commercial
6193 or residential swimming pools, interactive water features as
6194 defined in the Florida Building Code, hot tubs, and spas without
6195 obtaining a local license or certification as a specialty
6196 contractor if he or she is supervised by a contractor who is
6197 certified or registered under s. 489.105(2)(j), (k), or (l) s.
6198 489.105(3)(j), (k), or (l); the work is within the scope of the
6199 supervising contractor's license; the supervising contractor is
6200 responsible for the work; and the work does not require

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6201 certification or registration under s. 489.105(2)(d)-(i), (m)-
6202 (o) s. 489.105(3)(d)-(i), (m)-(o), or s. 489.505. Such
6203 supervision does not require a direct contract between the
6204 contractor certified or registered under s. 489.105(2)(j), (k),
6205 or (l) s. 489.105(3)(j), (k), or (l) and the person performing
6206 the work, or for the person performing the work to be an
6207 employee of the contractor certified or registered under s.
6208 489.105(2)(j), (k), or (l) s. 489.105(3)(j), (k), or (l). This
6209 paragraph does not limit the exemptions provided in s. 489.103
6210 and may not be construed to expand the scope of a contractor
6211 certified or registered under s. 489.105(2)(j), (k), or (l) s.
6212 489.105(3)(j), (k), or (l) to provide plumbing or electrical
6213 services for which certification or registration is required by
6214 this part or part II.
6215 Section 190. Section 489.118, Florida Statutes, is amended
6216 to read:
6217 489.118 Certification of registered contractors;
6218 grandfathering provisions.—The department board shall, upon
6219 receipt of a completed application and appropriate fee, issue a
6220 certificate in the appropriate category to any contractor
6221 registered under this part who makes application to the
6222 department board and can show that he or she meets each of the
6223 following requirements:
6224 (1) Currently holds a valid registered local license in
6225 one of the contractor categories defined in s. 489.105(3)(a)-(p)

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6226 s. 489.105(3)(a)-(p).
6227 (2) Has, for that category, passed a written examination
6228 that the department board finds to be substantially similar to
6229 the examination required to be licensed as a certified
6230 contractor under this part. For purposes of this subsection, a
6231 written, proctored examination such as that produced by the
6232 National Assessment Institute, Block and Associates, NAI/Block,
6233 Experior Assessments, Professional Testing, Inc., or Assessment
6234 Systems, Inc., shall be considered to be substantially similar
6235 to the examination required to be licensed as a certified
6236 contractor. The department board may not impose or make any
6237 requirements regarding the nature or content of these cited
6238 examinations.
6239 (3) Has at least 5 years of experience as a contractor in
6240 that contracting category, or as an inspector or building
6241 administrator with oversight over that category, at the time of
6242 application. For contractors, only time periods in which the
6243 contractor license is active and the contractor is not on
6244 probation shall count toward the 5 years required by this
6245 subsection.
6246 (4) Has not had his or her contractor's license revoked at
6247 any time, had his or her contractor's license suspended within
6248 the last 5 years, or been assessed a fine in excess of $500
6249 within the last 5 years.
6250 (5) Is in compliance with the insurance and financial

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6251 responsibility requirements in s. 489.115(5).
6252 Section 191. Paragraphs (b), (c), and (e) of subsection
6253 (2), paragraph (a) of subsection (3), paragraphs (a), (b), and
6254 (e) of subsection (5), subsection (6), and paragraphs (a) and
6255 (b) of subsection (7) of section 489.119, Florida Statutes, are
6256 amended to read:
6257 489.119 Business organizations; qualifying agents.—
6258 (2) If the applicant proposes to engage in contracting as
6259 a business organization, including any partnership, corporation,
6260 business trust, or other legal entity, or in any name other than
6261 the applicant's legal name or a fictitious name where the
6262 applicant is doing business as a sole proprietorship, the
6263 applicant must apply for registration or certification as the
6264 qualifying agent of the business organization.
6265 (b)1. An application for registration or certification to
6266 qualify a business organization must include an affidavit on a
6267 form provided by the department board attesting that the
6268 applicant has final approval authority for all construction work
6269 performed by the business organization and that the applicant
6270 has final approval authority on all business matters, including
6271 contracts, specifications, checks, drafts, or payments,
6272 regardless of the form of payment, made by the business
6273 organization, except where a financially responsible officer is
6274 approved.
6275 2. The application for financially responsible officer

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6276 must include an affidavit on a form provided by the department
6277 board attesting that the applicant's approval is required for
6278 all checks, drafts, or payments, regardless of the form of
6279 payment, made by the business organization and that the
6280 applicant has authority to act for the business organization in
6281 all financial matters.
6282 3. The application for secondary qualifying agent must
6283 include an affidavit on a form provided by the department board
6284 attesting that the applicant has authority to supervise all
6285 construction work performed by the business organization as
6286 provided in s. 489.1195(2).
6287 (c) The department board may deny an application for
6288 registration or certification to qualify a business organization
6289 if the applicant, or any person listed in paragraph (a), has
6290 been involved in past disciplinary actions or on any grounds for
6291 which an individual registration or certification may be denied.
6292 (e) A joint venture, including a joint venture composed of
6293 qualified business organizations, is itself a separate and
6294 distinct organization that must be qualified in accordance with
6295 department board rules.
6296 (3)(a) A qualifying agent must be certified or registered
6297 under this part in order for the business organization to
6298 operate in the category of contracting in which the qualifying
6299 agent is certified or registered. If any qualifying agent ceases
6300 to be affiliated with a business organization, he or she shall

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6301 inform the department. In addition, if the qualifying agent is
6302 the only certified or registered contractor affiliated with the
6303 business organization, the business organization shall notify
6304 the department of the termination of the qualifying agent and
6305 shall have 60 days from the termination of the qualifying
6306 agent's affiliation with the business organization in which to
6307 employ another qualifying agent. The business organization may
6308 not engage in contracting until a qualifying agent is employed,
6309 unless the department executive director or chair of the board
6310 has granted a temporary nonrenewable certificate or registration
6311 to the financially responsible officer, the president, a
6312 partner, or, in the case of a limited partnership, the general
6313 partner, who assumes all responsibilities of a primary
6314 qualifying agent for the business organization. This temporary
6315 certificate or registration shall only allow the business
6316 organization to proceed with incomplete contracts. For the
6317 purposes of this paragraph, an incomplete contract is one which
6318 has been awarded to, or entered into by, the business
6319 organization before prior to the cessation of affiliation of the
6320 qualifying agent with the business organization or one on which
6321 the business organization was the low bidder and the contract is
6322 subsequently awarded, regardless of whether any actual work has
6323 commenced under the contract before prior to the qualifying
6324 agent ceasing to be affiliated with the business organization.
6325 (5)(a) Each registered or certified contractor shall affix

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6326 the number of his or her registration or certification to each
6327 application for a building permit and on each building permit
6328 issued and recorded. Each city or county building department
6329 shall require, as a precondition for the issuance of the
6330 building permit, that the contractor taking out the permit must
6331 provide verification giving his or her department Construction
6332 Industry Licensing Board registration or certification number.
6333 (b) The registration or certification number of each
6334 contractor shall appear in each offer of services, business
6335 proposal, bid, contract, or advertisement, regardless of medium,
6336 as defined by department board rule, used by that contractor or
6337 business organization in the practice of contracting.
6338 (e) The department board shall issue a notice of
6339 noncompliance for the first offense, and may assess a fine or
6340 issue a citation for failure to correct the offense within 30
6341 days or for any subsequent offense, to any contractor or
6342 business organization that fails to include the certification or
6343 registration number as required by this part when submitting an
6344 advertisement for publication, broadcast, or printing or fails
6345 to display the certification or registration number as required
6346 by this part.
6347 (6) Each qualifying agent shall pay the department an
6348 amount equal to the original fee for registration or
6349 certification to qualify a new business organization. If the
6350 qualifying agent for a business organization desires to qualify

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6351 additional business organizations, the department board shall
6352 require the qualifying agent to present evidence of his or her
6353 ability to supervise the construction activities of each such
6354 organization. Approval of each business organization is
6355 discretionary with the department board.
6356 (7)(a) A business organization proposing to engage in
6357 contracting is not required to apply for or obtain authorization
6358 under this part to engage in contracting if:
6359 1. The business organization employs one or more
6360 registered or certified contractors licensed in accordance with
6361 this part who are responsible for obtaining permits and
6362 supervising all of the business organization's contracting
6363 activities;
6364 2. The business organization engages only in contracting
6365 on property owned by the business organization or by its parent,
6366 subsidiary, or affiliated entities; and
6367 3. The business organization, or its parent entity if the
6368 business organization is a wholly owned subsidiary, maintains a
6369 minimum net worth of $20 million.
6370 (b) Any business organization engaging in contracting
6371 under this subsection shall provide the department board with
6372 the name and license number of each registered or certified
6373 contractor employed by the business organization to supervise
6374 its contracting activities. The business organization is not
6375 required to post a bond or otherwise evidence any financial or

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6376 credit information except as necessary to demonstrate compliance
6377 with paragraph (a).
6378 Section 192. Paragraphs (b) and (d) of subsection (1),
6379 paragraphs (a) and (b) of subsection (2), and paragraphs (a) and
6380 (b) of subsection (3) of section 489.1195, Florida Statutes, are
6381 amended to read:
6382 489.1195 Responsibilities.—
6383 (1) A qualifying agent is a primary qualifying agent
6384 unless he or she is a secondary qualifying agent under this
6385 section.
6386 (b) Upon approval by the department board, a business
6387 entity may designate a financially responsible officer for
6388 purposes of certification or registration. A financially
6389 responsible officer shall be responsible for all financial
6390 aspects of the business organization and may not be designated
6391 as the primary qualifying agent. The designated financially
6392 responsible officer shall furnish evidence of the financial
6393 responsibility, credit, and business reputation of either
6394 himself or herself, or the business organization he or she
6395 desires to qualify, as determined appropriate by the department
6396 board.
6397 (d) The department board shall adopt rules prescribing the
6398 qualifications for financially responsible officers, including
6399 net worth, cash, and bonding requirements. These qualifications
6400 must be at least as extensive as the requirements for the

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6401 financial responsibility of qualifying agents.
6402 (2)(a) One of the qualifying agents for a business
6403 organization that has more than one qualifying agent may be
6404 designated as the sole primary qualifying agent for the business
6405 organization by a joint agreement that is executed, on a form
6406 provided by the department board, by all qualifying agents for
6407 the business organization.
6408 (b) The joint agreement must be submitted to the
6409 department board for approval. If the department board
6410 determines that the joint agreement is in good order, it shall
6411 approve the designation and immediately notify the qualifying
6412 agents of such approval. The designation made by the joint
6413 agreement is effective upon receipt of the notice by the
6414 qualifying agents.
6415 (3)(a) A qualifying agent who has been designated by a
6416 joint agreement as the sole primary qualifying agent for a
6417 business organization may terminate this status as such by
6418 giving actual notice to the business organization, to the
6419 department board, and to all secondary qualifying agents of his
6420 or her intention to terminate this status. The notice to the
6421 department board must include proof satisfactory to the
6422 department board that he or she has given the notice required in
6423 this paragraph.
6424 (b) The status of the qualifying agent shall cease upon
6425 the designation of a new primary qualifying agent or 60 days

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6426 after satisfactory notice of termination has been provided to
6427 the department board, whichever first occurs.
6428 Section 193. Section 489.121, Florida Statutes, is amended
6429 to read:
6430 489.121 Emergency registration upon death of contractor.—
6431 If an incomplete contract exists at the time of death of a
6432 contractor, the contract may be completed by any person even
6433 though not certified or registered. Such person shall notify the
6434 department board, within 30 days after the death of the
6435 contractor, of his or her name and address, knowledge of the
6436 contract, and ability to complete it. If the department board
6437 approves, he or she may proceed with the contract. For purposes
6438 of this section, an incomplete contract is one which has been
6439 awarded to, or entered into by, the contractor before his or her
6440 death, or on which he or she was the low bidder and the contract
6441 is subsequently awarded to him or her, regardless of whether any
6442 actual work has commenced under the contract before the
6443 contractor's death.
6444 Section 194. Subsection (1) of section 489.126, Florida
6445 Statutes, is amended to read:
6446 489.126 Moneys received by contractors.—
6447 (1) For purposes of this section, the term "contractor"
6448 includes all definitions as set forth in s. 489.105(2) s.
6449 489.105(3), and any person performing or contracting or
6450 promising to perform work described therein, without regard to

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6451 the licensure of the person.
6452 Section 195. Subsection (6) of section 489.127, Florida
6453 Statutes, is amended to read:
6454 489.127 Prohibitions; penalties.—
6455 (6) Local building departments may collect outstanding
6456 fines against registered or certified contractors issued by the
6457 department Construction Industry Licensing Board and may retain
6458 75 percent of the fines they are able to collect, provided that
6459 they transmit 25 percent of the fines they are able to collect
6460 to the department according to a procedure to be determined by
6461 the department.
6462 Section 196. Subsections (1) through (9), paragraph (d) of
6463 subsection (11), and subsection (12) of section 489.129, Florida
6464 Statutes, are amended to read:
6465 489.129 Disciplinary proceedings.—
6466 (1) The department board may take any of the following
6467 actions against any certificateholder or registrant: place on
6468 probation or reprimand the licensee, revoke, suspend, or deny
6469 the issuance or renewal of the certificate or registration,
6470 require financial restitution to a consumer for financial harm
6471 directly related to a violation of a provision of this part,
6472 impose an administrative fine not to exceed $10,000 per
6473 violation, require continuing education, or assess costs
6474 associated with investigation and prosecution, if the
6475 contractor, financially responsible officer, or business

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6476 organization for which the contractor is a primary qualifying
6477 agent, a financially responsible officer, or a secondary
6478 qualifying agent responsible under s. 489.1195 is found guilty
6479 of any of the following acts:
6480 (a) Obtaining a certificate or registration by fraud or
6481 misrepresentation.
6482 (b) Being convicted or found guilty of, or entering a plea
6483 of nolo contendere to, regardless of adjudication, a crime in
6484 any jurisdiction which directly relates to the practice of
6485 contracting or the ability to practice contracting.
6486 (c) Violating any provision of chapter 455.
6487 (d) Performing any act which assists a person or entity in
6488 engaging in the prohibited uncertified and unregistered practice
6489 of contracting, if the certificateholder or registrant knows or
6490 has reasonable grounds to know that the person or entity was
6491 uncertified and unregistered.
6492 (e) Knowingly combining or conspiring with an uncertified
6493 or unregistered person by allowing his or her certificate or
6494 registration to be used by the uncertified or unregistered
6495 person with intent to evade the provisions of this part. When a
6496 certificateholder or registrant allows his or her certificate or
6497 registration to be used by one or more business organizations
6498 without having any active participation in the operations,
6499 management, or control of such business organizations, such act
6500 constitutes prima facie evidence of an intent to evade the

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6501 provisions of this part.
6502 (f) Acting in the capacity of a contractor under any
6503 certificate or registration issued hereunder except in the name
6504 of the certificateholder or registrant as set forth on the
6505 issued certificate or registration, or in accordance with the
6506 personnel of the certificateholder or registrant as set forth in
6507 the application for the certificate or registration, or as later
6508 changed as provided in this part.
6509 (g) Committing mismanagement or misconduct in the practice
6510 of contracting that causes financial harm to a customer.
6511 Financial mismanagement or misconduct occurs when:
6512 1. Valid liens have been recorded against the property of
6513 a contractor's customer for supplies or services ordered by the
6514 contractor for the customer's job; the contractor has received
6515 funds from the customer to pay for the supplies or services; and
6516 the contractor has not had the liens removed from the property,
6517 by payment or by bond, within 75 days after the date of such
6518 liens;
6519 2. The contractor has abandoned a customer's job and the
6520 percentage of completion is less than the percentage of the
6521 total contract price paid to the contractor as of the time of
6522 abandonment, unless the contractor is entitled to retain such
6523 funds under the terms of the contract or refunds the excess
6524 funds within 30 days after the date the job is abandoned; or
6525 3. The contractor's job has been completed, and it is

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6526 shown that the customer has had to pay more for the contracted
6527 job than the original contract price, as adjusted for subsequent
6528 change orders, unless such increase in cost was the result of
6529 circumstances beyond the control of the contractor, was the
6530 result of circumstances caused by the customer, or was otherwise
6531 permitted by the terms of the contract between the contractor
6532 and the customer.
6533 (h) Being disciplined by any municipality or county for an
6534 act or violation of this part.
6535 (i) Failing in any material respect to comply with the
6536 provisions of this part or violating a rule or lawful order of
6537 the department board.
6538 (j) Abandoning a construction project in which the
6539 contractor is engaged or under contract as a contractor. A
6540 project may be presumed abandoned after 90 days if the
6541 contractor terminates the project without just cause or without
6542 proper notification to the owner, including the reason for
6543 termination, or fails to perform work without just cause for 90
6544 consecutive days.
6545 (k) Signing a statement with respect to a project or
6546 contract falsely indicating that the work is bonded; falsely
6547 indicating that payment has been made for all subcontracted
6548 work, labor, and materials which results in a financial loss to
6549 the owner, purchaser, or contractor; or falsely indicating that
6550 workers' compensation and public liability insurance are

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6551 provided.
6552 (l) Committing fraud or deceit in the practice of
6553 contracting.
6554 (m) Committing incompetency or misconduct in the practice
6555 of contracting.
6556 (n) Committing gross negligence, repeated negligence, or
6557 negligence resulting in a significant danger to life or
6558 property.
6559 (o) Proceeding on any job without obtaining applicable
6560 local building department permits and inspections.
6561 (p) Intimidating, threatening, coercing, or otherwise
6562 discouraging the service of a notice to owner under part I of
6563 chapter 713 or a notice to contractor under chapter 255 or part
6564 I of chapter 713.
6565 (q) Failing to satisfy within a reasonable time, the terms
6566 of a civil judgment obtained against the licensee, or the
6567 business organization qualified by the licensee, relating to the
6568 practice of the licensee's profession.
6569 (r) Committing misapplication of construction funds in
6570 violation of s. 713.345. If a contractor, subcontractor, sub-
6571 subcontractor, or other person licensed by the department board
6572 under this chapter is convicted of misapplication of
6573 construction funds, the department board must suspend all
6574 licenses issued to such licensee under this chapter for a
6575 minimum of 1 year from the date of conviction. The suspension

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6576 required under this paragraph is not exclusive, and the
6577 department board may impose any additional penalties set forth
6578 in this subsection.
6579
6580 For the purposes of this subsection, construction is considered
6581 to be commenced when the contract is executed and the contractor
6582 has accepted funds from the customer or lender. A contractor
6583 does not commit a violation of this subsection when the
6584 contractor relies on a building code interpretation rendered by
6585 a building official or person authorized by s. 553.80 to enforce
6586 the building code, absent a finding of fraud or deceit in the
6587 practice of contracting, or gross negligence, repeated
6588 negligence, or negligence resulting in a significant danger to
6589 life or property on the part of the building official, in a
6590 proceeding under chapter 120.
6591 (2) If a registrant or certificateholder disciplined under
6592 subsection (1) is a qualifying agent or financially responsible
6593 officer for a business organization and the violation was
6594 performed in connection with a construction project undertaken
6595 by that business organization, the department board may impose
6596 an additional administrative fine not to exceed $5,000 per
6597 violation against the business organization or against any
6598 partner, officer, director, trustee, or member if such person
6599 participated in the violation or knew or should have known of
6600 the violation and failed to take reasonable corrective action.

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6601 (3) The department board may specify by rule the acts or
6602 omissions which constitute violations of this section.
6603 (4) In recommending penalties in any proposed recommended
6604 final order, the department shall follow the penalty guidelines
6605 established by the department board by rule. The department
6606 shall advise the administrative law judge of the appropriate
6607 penalty, including mitigating and aggravating circumstances, and
6608 the specific rule citation.
6609 (5) The department board may not reinstate the
6610 certification or registration of, or cause a certificate or
6611 registration to be issued to, a person who or business
6612 organization which the department board has determined is
6613 unqualified or whose certificate or registration the department
6614 board has suspended until it is satisfied that such person or
6615 business organization has complied with all the terms and
6616 conditions set forth in the final order and is capable of
6617 competently engaging in the business of contracting.
6618 (6)(a) The department board may assess interest or
6619 penalties on all fines imposed under this chapter against any
6620 person or business organization which has not paid the imposed
6621 fine by the due date established by rule or final order. The
6622 provisions of chapter 120 do not apply to such assessment.
6623 Interest rates to be imposed shall be established by rule and
6624 may shall not be usurious.
6625 (b) Venue for all actions to enforce any fine levied by

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6626 the department board shall be in Duval County. The department
6627 board is authorized to enter into contracts with private
6628 businesses or attorneys to collect such fines with payment for
6629 such collections made on a contingent fee basis. All such
6630 contracts shall be publicly advertised and competitively awarded
6631 based upon responses submitted to a request for proposals
6632 developed by the department board.
6633 (7) The department may board shall not issue or renew a
6634 certificate or registration to any person or business
6635 organization that has been assessed a fine, interest, or costs
6636 associated with investigation and prosecution, or has been
6637 ordered to pay restitution, until such fine, interest, or costs
6638 associated with investigation and prosecution or restitution are
6639 paid in full or until all terms and conditions of the final
6640 order have been satisfied.
6641 (8) If the department board finds any certified or
6642 registered contractor guilty of a violation, the department
6643 board may, as part of its disciplinary action, require such
6644 contractor to obtain continuing education in the areas of
6645 contracting affected by such violation.
6646 (9) Any person certified or registered pursuant to this
6647 part who has had his or her license revoked may shall not be
6648 eligible to be a partner, officer, director, or trustee of a
6649 business organization defined by this section or be employed in
6650 a managerial or supervisory capacity for a 5-year period. Such

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6651 person shall also be ineligible to reapply for certification or
6652 registration under this part for a period of 5 years after the
6653 effective date of the revocation.
6654 (11)
6655 (d) The arbitrator's order shall become a final order of
6656 the department board if not challenged by the complainant or the
6657 certificateholder or registrant within 30 days after filing. The
6658 department's board's review of the arbitrator's order shall
6659 operate in the manner of the review of recommended orders
6660 pursuant to s. 120.57(1) and may shall not be a de novo review.
6661 (12) When an investigation of a contractor is undertaken,
6662 the department shall promptly furnish to the contractor or the
6663 contractor's attorney a copy of the complaint or document that
6664 resulted in the initiation of the investigation. The department
6665 shall make the complaint and supporting documents available to
6666 the contractor. The complaint or supporting documents shall
6667 contain information regarding the specific facts that serve as
6668 the basis for the complaint. The contractor may submit a written
6669 response to the information contained in such complaint or
6670 document within 20 days after service to the contractor of the
6671 complaint or document. The contractor's written response shall
6672 be considered by the probable cause panel. The right to respond
6673 does not prohibit the issuance of a summary emergency order if
6674 necessary to protect the public. However, if the department
6675 decides secretary, or the secretary's designee, and the chair of

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6676 the board or the chair of the probable cause panel agree in
6677 writing that such notification would be detrimental to the
6678 investigation, the department may withhold notification. The
6679 department may conduct an investigation without notification to
6680 a contractor if the act under investigation is a criminal
6681 offense.
6682 Section 197. Paragraphs (c) and (f) of subsection (3),
6683 paragraphs (b) and (c) of subsection (6), paragraphs (c), (d),
6684 (e), and (f) of subsection (7), and subsections (10), (11), and
6685 (12) of section 489.131, Florida Statutes, are amended to read:
6686 489.131 Applicability.—
6687 (3) Nothing in this part limits the power of a
6688 municipality or county:
6689 (c) To collect business taxes, subject to s. 205.065, and
6690 inspection fees for engaging in contracting or examination fees
6691 from persons who are registered with the department board
6692 pursuant to local examination requirements and issue business
6693 tax receipts. However, nothing in this part shall be construed
6694 to require general contractors, building contractors, or
6695 residential contractors to obtain additional business tax
6696 receipts for specialty work when such specialty work is
6697 performed by employees of such contractors on projects for which
6698 they have substantially full responsibility and such contractors
6699 do not hold themselves out to the public as being specialty
6700 contractors.

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6701 (f) To refuse to issue permits or issue permits with
6702 specific conditions to a contractor who has committed multiple
6703 violations, when he or she has been disciplined for each of them
6704 by the department board and when each disciplinary action has
6705 involved revocation or suspension of a license, imposition of an
6706 administrative fine of at least $1,000, or probation; or to
6707 issue permits with specific conditions to a contractor who,
6708 within the previous 12 months, has had disciplinary action other
6709 than a citation or letter of guidance taken against him or her
6710 by the department or by a local board or agency which licenses
6711 contractors and has reported the action pursuant to paragraph
6712 (6)(c), for engaging in the business or acting in the capacity
6713 of a contractor without a license. However, this subsection does
6714 not supersede the provisions of s. 489.113(4), and no county or
6715 municipality may require any certificateholder to obtain a local
6716 professional license or pay a local professional license fee as
6717 a condition of performing any services within the scope of the
6718 certificateholder's statewide license as established under this
6719 part.
6720 (6)
6721 (b) To engage in contracting in the territorial area, an
6722 applicant shall also be registered with the department board, as
6723 required by s. 489.117.
6724 (c) Each local board or agency that licenses contractors
6725 must transmit quarterly to the department board a report of any

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6726 disciplinary action taken against contractors and of any
6727 administrative or disciplinary action taken against unlicensed
6728 persons for engaging in the business or acting in the capacity
6729 of a contractor including any cease and desist orders issued
6730 pursuant to s. 489.113(2)(b) and any fine issued pursuant to s.
6731 489.127(5).
6732 (7)
6733 (c) In addition to any action the local jurisdiction
6734 enforcement body may take against the individual's local
6735 license, and any fine the local jurisdiction may impose, the
6736 local jurisdiction enforcement body shall issue a recommended
6737 penalty for department board action. This recommended penalty
6738 may include a recommendation for no further action, or a
6739 recommendation for suspension, restitution, revocation, or
6740 restriction of the registration, or a fine to be levied by the
6741 department board, or a combination thereof. The recommended
6742 penalty must specify the violations of this chapter upon which
6743 the recommendation is based. The local jurisdiction enforcement
6744 body shall inform the disciplined contractor and the complainant
6745 of the local license penalty imposed, the department board
6746 penalty recommended, his or her rights to appeal, and the
6747 consequences should he or she decide not to appeal. The local
6748 jurisdiction enforcement body shall, upon having reached
6749 adjudication or having accepted a plea of nolo contendere,
6750 immediately inform the department board of its action and the

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6751 recommended department board penalty.
6752 (d) The department, the disciplined contractor, or the
6753 complainant may challenge the local jurisdiction enforcement
6754 body's recommended penalty for department board action to the
6755 department Construction Industry Licensing Board. A challenge
6756 shall be filed within 60 days after the issuance of the
6757 recommended penalty to the department board. If challenged,
6758 there is a presumptive finding of probable cause and the case
6759 may proceed without the need for a probable cause hearing.
6760 (e) Failure of the department, the disciplined contractor,
6761 or the complainant to challenge the local jurisdiction's
6762 recommended penalty within the time period set forth in this
6763 subsection shall constitute a waiver of the right to a hearing
6764 before the department board. A waiver of the right to a hearing
6765 before the department board shall be deemed an admission of the
6766 violation, and the penalty recommended shall become a final
6767 order according to procedures developed by department board rule
6768 without further department board action. The disciplined
6769 contractor may appeal this department board action to the
6770 district court.
6771 (f)1. The department may investigate any complaint which
6772 is made with the department. However, the department may not
6773 initiate or pursue any complaint against a registered contractor
6774 who is not also a certified contractor where a local
6775 jurisdiction enforcement body has jurisdiction over the

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6776 complaint, unless summary procedures are initiated by the
6777 secretary pursuant to s. 455.225(8), or unless the local
6778 jurisdiction enforcement body has failed to investigate and
6779 prosecute a complaint, or make a finding of no violation, within
6780 6 months of receiving the complaint. The department shall refer
6781 the complaint to the local jurisdiction enforcement body for
6782 investigation, and if appropriate, prosecution. However, the
6783 department may investigate such complaints to the extent
6784 necessary to determine whether summary procedures should be
6785 initiated.
6786 2. Upon a recommendation by the department, the department
6787 board may make conditional, suspend, or rescind its
6788 determination of the adequacy of the local government
6789 enforcement body's disciplinary procedures granted under s.
6790 489.117(2).
6791 (10) No municipal or county government may issue any
6792 certificate of competency or license for any contractor defined
6793 in s. 489.105(2)(a)-(o) s. 489.105(3)(a)-(o) after July 1, 1993,
6794 unless such local government exercises disciplinary control and
6795 oversight over such locally licensed contractors, including
6796 forwarding a recommended order in each action to the department
6797 board as provided in subsection (7). Each local board that
6798 licenses and disciplines contractors must have at least two
6799 consumer representatives on that board. If the local board has
6800 seven or more members, at least three of those members must be

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6801 consumer representatives. The consumer representative may be any
6802 resident of the local jurisdiction who is not, and has never
6803 been, a member or practitioner of a profession regulated by the
6804 department board or a member of any closely related profession.
6805 (11) Any municipal or county government which enters or
6806 has in place a reciprocal agreement which accepts a certificate
6807 of competency or license issued by another municipal or county
6808 government in lieu of its own certificate of competency or
6809 license allowing contractors defined in s. 489.105(2)(a)-(o) s.
6810 489.105(3)(a)-(o), shall file a certified copy of such agreement
6811 with the department board not later than 60 days after July 1,
6812 1993, or 30 days after the effective date of such agreement.
6813 (12) Unless specifically provided, the provisions of this
6814 part does shall not be construed to create a civil cause of
6815 action.
6816 Section 198. Subsection (5) of section 489.132, Florida
6817 Statutes, is amended to read:
6818 489.132 Prohibited acts by unlicensed principals;
6819 investigation; hearing; penalties.—
6820 (5) The department may suspend, revoke, or deny issuance
6821 or renewal of a certificate or registration for any individual
6822 or business organization that associates a person as an officer,
6823 director, or partner, or in a managerial or supervisory
6824 capacity, after such person has been found under a final order
6825 to have violated this section or was an officer, director,

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6826 partner, trustee, or manager of a business organization
6827 disciplined by the department board by revocation, suspension,
6828 or fine in excess of $2,500, upon finding reasonable cause that
6829 such person knew or reasonably should have known of the conduct
6830 leading to the discipline.
6831 Section 199. Subsections (2) and (4) of section 489.133,
6832 Florida Statutes, are amended to read:
6833 489.133 Pollutant storage systems specialty contractors;
6834 definitions; certification; restrictions.—
6835 (2) The department board shall adopt rules providing
6836 standards for registration of precision tank testers who
6837 precision test a pollutant storage tank. The Department of
6838 Environmental Protection shall approve the methodology,
6839 procedures, and equipment used and shall approve the applicant
6840 as being eligible for registration as a registered precision
6841 tank tester. A registered precision tank tester is subject to
6842 the provisions of ss. 489.129 and 489.132 and is considered a
6843 contractor operating as a primary qualifying agent for the
6844 business entity employing him or her, which is considered a
6845 contracting firm for the purposes of ss. 489.129 and 489.132. A
6846 person who registers under this subsection is exempt from
6847 municipal, county, or development district registration under s.
6848 489.117 and may operate as a precision tank tester statewide.
6849 (4) The department board shall adopt rules providing
6850 standards for certification of pollutant storage systems

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6851 specialty contractors, including persons who remove such
6852 systems. The department board shall provide the proposed rules
6853 to the Department of Environmental Protection for review and
6854 comment before prior to adoption. The rules shall include, but
6855 not be limited to:
6856 (a) Standards for operating as a pollutant storage systems
6857 specialty contractor.
6858 (b) Requirements for certification as a pollutant storage
6859 systems specialty contractor.
6860 (c) Requirements for certification without examination of
6861 pollutant storage systems specialty contractors for any person
6862 who has passed a local licensure examination, a licensure
6863 examination in another state, or a licensure examination of a
6864 national organization, which is at least as stringent as the
6865 examination adopted by the department board.
6866 Section 200. Subsections (1) and (2) of section 489.1401,
6867 Florida Statutes, are amended to read:
6868 489.1401 Legislative intent.—
6869 (1) It is the intent of the Legislature that actions taken
6870 by the department Construction Industry Licensing Board with
6871 respect to contractor sanctions and pursuant to this chapter are
6872 an exercise of the department's regulatory power for the
6873 protection of public safety and welfare.
6874 (2) It is the intent of the Legislature that the sole
6875 purpose of the Florida Homeowners' Construction Recovery Fund is

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6876 to compensate an aggrieved claimant who contracted for the
6877 construction or improvement of the homeowner's residence located
6878 within this state and who has obtained a final judgment in a
6879 court of competent jurisdiction, was awarded restitution by the
6880 department Construction Industry Licensing Board, or received an
6881 award in arbitration against a licensee on grounds of financial
6882 mismanagement or misconduct, abandoning a construction project,
6883 or making a false statement with respect to a project. Such
6884 grievance must arise directly out of a transaction conducted
6885 when the judgment debtor was licensed and must involve an act
6886 enumerated in s. 489.129(1)(g), (j), or (k).
6887 Section 201. Paragraphs (c) through (l) of subsection (1)
6888 of section 489.1402, Florida Statutes, are redesignated as
6889 paragraphs (b) through (k), respectively, and paragraph (b) and
6890 present paragraph (d) of that subsection are amended, to read:
6891 489.1402 Homeowners' Construction Recovery Fund;
6892 definitions.—
6893 (1) The following definitions apply to ss. 489.140-
6894 489.144:
6895 (b) "Board" means the Construction Industry Licensing
6896 Board.
6897 (c)(d) "Contractor" means a Division I or Division II
6898 contractor performing his or her respective services described
6899 in s. 489.105(2) s. 489.105(3).
6900 Section 202. Paragraphs (a), (e), (f), and (g) of

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6901 subsection (1), paragraph (f) of subsection (2), and subsection
6902 (3) of section 489.141, Florida Statutes, are amended to read:
6903 489.141 Conditions for recovery; eligibility.—
6904 (1) A claimant is eligible to seek recovery from the
6905 recovery fund after making a claim and exhausting the limits of
6906 any available bond, cash bond, surety, guarantee, warranty,
6907 letter of credit, or policy of insurance if each of the
6908 following conditions is satisfied:
6909 (a) The claimant has received a final judgment in a court
6910 of competent jurisdiction in this state or has received an award
6911 in arbitration or the department Construction Industry Licensing
6912 Board has issued a final order directing the licensee to pay
6913 restitution to the claimant. The department board may waive this
6914 requirement if:
6915 1. The claimant is unable to secure a final judgment
6916 against the licensee due to the death of the licensee; or
6917 2. The claimant has sought to have assets involving the
6918 transaction that gave rise to the claim removed from the
6919 bankruptcy proceedings so that the matter might be heard in a
6920 court of competent jurisdiction in this state and, after due
6921 diligence, the claimant is precluded by action of the bankruptcy
6922 court from securing a final judgment against the licensee.
6923 (e) The contract was executed and the violation occurred
6924 on or after July 1, 1993, and provided that:
6925 1. The claimant has caused to be issued a writ of

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6926 execution upon such judgment, and the officer executing the writ
6927 has made a return showing that no personal or real property of
6928 the judgment debtor or licensee liable to be levied upon in
6929 satisfaction of the judgment can be found or that the amount
6930 realized on the sale of the judgment debtor's or licensee's
6931 property pursuant to such execution was insufficient to satisfy
6932 the judgment;
6933 2. If the claimant is unable to comply with subparagraph
6934 1. for a valid reason to be determined by the department board,
6935 the claimant has made all reasonable searches and inquiries to
6936 ascertain whether the judgment debtor or licensee is possessed
6937 of real or personal property or other assets subject to being
6938 sold or applied in satisfaction of the judgment and by his or
6939 her search has discovered no property or assets or has
6940 discovered property and assets and has taken all necessary
6941 action and proceedings for the application thereof to the
6942 judgment but the amount thereby realized was insufficient to
6943 satisfy the judgment; and
6944 3. The claimant has made a diligent attempt, as defined by
6945 department board rule, to collect the restitution awarded by the
6946 department board.
6947 (f) A claim for recovery is made within 1 year after the
6948 conclusion of any civil, criminal, or administrative action or
6949 award in arbitration based on the act. This paragraph applies to
6950 any claim filed with the department board after October 1, 1998.

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6951 (g) Any amounts recovered by the claimant from the
6952 judgment debtor or licensee, or from any other source, have been
6953 applied to the damages awarded by the court or the amount of
6954 restitution ordered by the department board.
6955 (2) A claimant is not qualified to make a claim for
6956 recovery from the recovery fund if:
6957 (f) The claimant had entered into a contract with a
6958 licensee to perform a scope of work described in s.
6959 489.105(2)(d)-(q) s. 489.105(3)(d)-(q) before July 1, 2016.
6960 (3) The department board may determine by rule
6961 documentation that is required to complete a claim.
6962 Section 203. Section 489.142, Florida Statutes, is amended
6963 to read:
6964 489.142 Department Board powers relating to recovery;
6965 conduct of hearings and service.—
6966 (1) With respect to actions for recovery from the recovery
6967 fund, the department board may intervene, enter an appearance,
6968 file an answer, defend the action, or take any action it deems
6969 appropriate and may take recourse through any appropriate method
6970 of review on behalf of the State of Florida. The department
6971 board may delegate to the department by rule the authority to
6972 close any case when a claimant is not qualified to make a claim
6973 for recovery from the recovery fund under s. 489.141(2); when
6974 after notice the claimant has failed to provide documentation in
6975 support of the claim as required by the department board; or

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6976 when the licensee has reached the aggregate limit.
6977 (2) Notwithstanding any other provision of law, the
6978 department board shall cause a notice of hearing to be served 14
6979 days in advance of the hearing on the claimant and on the
6980 licensee whose license is subject to suspension by s. 489.143.
6981 Each notice shall inform the recipient of any administrative
6982 hearing or judicial review that is available under s. 120.569,
6983 s. 120.57, or s. 120.68; shall indicate the procedure that must
6984 be followed to obtain the hearing or judicial review; and shall
6985 state the time limits that apply. Service of the notice on the
6986 licensee shall be made in accordance with s. 455.275. Service of
6987 the notice on the claimant shall be by regular United States
6988 mail at the address provided on the claim. The service of notice
6989 in accordance with this section is complete upon expiration of
6990 14 days after deposit in the United States mail. Proof of
6991 service of a notice shall be made by entry in the records of the
6992 department that the notice was given. The entry shall be
6993 admissible in judicial and administrative proceedings of this
6994 state and shall constitute sufficient proof that notice was
6995 given.
6996 (3) Notwithstanding any other provision of law, department
6997 board hearings on claims shall be conducted in accordance with
6998 ss. 120.569 and 120.57(2). All claim hearings shall be conducted
6999 at the department's board's regular meeting at the place, date,
7000 and time published. Orders of the department board denying or

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7001 awarding funds to a claimant constitute final orders that may be
7002 appealed in accordance with s. 120.68. Orders awarding or
7003 denying claims shall be served in the same manner as notices of
7004 hearing in this section.
7005 Section 204. Section 489.1425, Florida Statutes, is
7006 amended to read:
7007 489.1425 Duty of contractor to notify residential property
7008 owner of recovery fund.—
7009 (1) Each agreement or contract for repair, restoration,
7010 improvement, or construction to residential real property must
7011 contain a written statement explaining the consumer's rights
7012 under the recovery fund, except where the value of all labor and
7013 materials does not exceed $2,500. The written statement must be
7014 substantially in the following form:
7015
7016 FLORIDA HOMEOWNERS' CONSTRUCTION
7017 RECOVERY FUND
7018 PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
7019 FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
7020 ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
7021 FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
7022 CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
7023 CLAIM, CONTACT THE FLORIDA DEPARTMENT OF BUSINESS AND
7024 PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD AT
7025 THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:

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7026
7027 The statement must shall be immediately followed by the
7028 department's board's address and telephone number as established
7029 by department board rule.
7030 (2)(a) Upon finding a first violation of subsection (1),
7031 the department board may fine the contractor up to $500, and the
7032 moneys must be deposited into the recovery fund.
7033 (b) Upon finding a second or subsequent violation of
7034 subsection (1), the department board shall fine the contractor
7035 $1,000 per violation, and the moneys must be deposited into the
7036 recovery fund.
7037 Section 205. Subsections (1), (2), (4), and (6) of section
7038 489.143, Florida Statutes, are amended to read:
7039 489.143 Payment from the fund.—
7040 (1) The fund shall be disbursed as provided in s. 489.141
7041 on a final order of the department board.
7042 (2) A claimant who meets all of the conditions prescribed
7043 in s. 489.141 may apply to the department board to cause payment
7044 to be made to a claimant from the recovery fund in an amount
7045 equal to the judgment, award, or restitution order or $25,000,
7046 whichever is less, or an amount equal to the unsatisfied portion
7047 of such person's judgment, award, or restitution order, but only
7048 to the extent and amount of actual damages suffered by the
7049 claimant, and only up to the maximum payment allowed for each
7050 respective Division I and Division II claim. Payment from the

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7051 fund for other costs related to or pursuant to civil proceedings
7052 such as postjudgment interest, attorney fees, court costs,
7053 medical damages, and punitive damages is prohibited. The
7054 recovery fund is not obligated to pay a judgment, an award, or a
7055 restitution order, or any portion thereof, which is not
7056 expressly based on one of the grounds for recovery set forth in
7057 s. 489.141.
7058 (4) Upon receipt by a claimant under subsection (2) of
7059 payment from the recovery fund, the claimant shall assign his or
7060 her additional right, title, and interest in the judgment,
7061 award, or restitution order, to the extent of such payment, to
7062 the department board, and thereupon the department board shall
7063 be subrogated to the right, title, and interest of the claimant;
7064 and any amount subsequently recovered on the judgment, award, or
7065 restitution order, to the extent of the right, title, and
7066 interest of the department board therein, shall be for the
7067 purpose of reimbursing the recovery fund.
7068 (6) For contracts entered into before July 1, 2004,
7069 payments for claims against any one licensee may not exceed, in
7070 the aggregate, $100,000 annually, up to a total aggregate of
7071 $250,000. For any claim approved by the department board which
7072 is in excess of the annual cap, the amount in excess of $100,000
7073 up to the total aggregate cap of $250,000 is eligible for
7074 payment in the next and succeeding fiscal years, but only after
7075 all claims for the then-current calendar year have been paid.

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7076 Payments may not exceed the aggregate annual or per claimant
7077 limits under law. Beginning January 1, 2005, for each Division I
7078 contract entered into after July 1, 2004, payment from the
7079 recovery fund is subject only to a total aggregate cap of
7080 $500,000 for each Division I licensee. Beginning January 1,
7081 2017, for each Division II contract entered into on or after
7082 July 1, 2016, payment from the recovery fund is subject only to
7083 a total aggregate cap of $150,000 for each Division II licensee.
7084 Beginning January 1, 2025, for Division I and Division II
7085 contracts entered into on or after July 1, 2024, payment from
7086 the recovery fund is subject only to a total aggregate cap of $2
7087 million for each Division I licensee and $600,000 for each
7088 Division II licensee.
7089 Section 206. Paragraph (a) of subsection (1) of section
7090 489.1455, Florida Statutes, is amended to read:
7091 489.1455 Journeyman; reciprocity; standards.—
7092 (1) Counties and municipalities are authorized to issue
7093 journeyman licenses in the plumbing, pipe fitting, mechanical,
7094 or HVAC trades to an individual who:
7095 (a) Has scored at least 70 percent, or after October 1,
7096 1997, at least 75 percent, on a proctored journeyman Block and
7097 Associates examination or other proctored examination approved
7098 by the department board for the trade in which he or she is
7099 licensed;
7100 Section 207. Section 489.146, Florida Statutes, is amended

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7101 to read:
7102 489.146 Privatization of services.—Notwithstanding any
7103 other provision of this part relating to the review of licensure
7104 applications, issuance of licenses and renewals, collection of
7105 revenues, fees, and fines, service of documents, publications,
7106 and printing, and other ministerial functions of the department
7107 relating to the regulation of contractors, the department shall
7108 make all reasonable efforts to contract with one or more private
7109 entities for provision of such services, when such services can
7110 be provided in a more efficient manner by private entities. The
7111 department or the department board shall retain final authority
7112 for licensure decisions and rulemaking, including all appeals or
7113 other legal action resulting from such licensure decisions or
7114 rulemaking.
7115 Section 208. Subsection (1) of section 489.509, Florida
7116 Statutes, is amended to read:
7117 489.509 Fees.—
7118 (1) The department board, by rule, shall establish fees to
7119 be paid for applications, examination, reexamination, transfers,
7120 licensing and renewal, reinstatement, and recordmaking and
7121 recordkeeping. The examination fee shall be in an amount that
7122 covers the cost of obtaining and administering the examination
7123 and shall be refunded if the applicant is found ineligible to
7124 sit for the examination. The application fee is nonrefundable.
7125 The fee for initial application and examination for

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7126 certification of electrical contractors may not exceed $400. The
7127 initial application fee for registration may not exceed $150.
7128 The biennial renewal fee may not exceed $400 for
7129 certificateholders and $200 for registrants. The fee for initial
7130 application and examination for certification of alarm system
7131 contractors may not exceed $400. The biennial renewal fee for
7132 certified alarm system contractors may not exceed $450. The
7133 department board may establish a fee for a temporary certificate
7134 as an alarm system contractor not to exceed $75. The department
7135 board may also establish by rule a delinquency fee not to exceed
7136 $50. The fee to transfer a certificate or registration from one
7137 business organization to another may not exceed $200. The fee
7138 for reactivation of an inactive license may not exceed $50. The
7139 department board shall establish fees that are adequate to
7140 ensure the continued operation of the department board. Fees
7141 shall be based on department estimates of the revenue required
7142 to implement this part and the provisions of law with respect to
7143 the regulation of electrical contractors and alarm system
7144 contractors.
7145 Section 209. Section 489.510, Florida Statutes, is amended
7146 to read:
7147 489.510 Evidence of workers' compensation coverage.—Except
7148 as provided in s. 489.515(3)(b), any person, business
7149 organization, or qualifying agent engaged in the business of
7150 contracting in this state and certified or registered under this

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7151 part shall, as a condition precedent to the issuance or renewal
7152 of a certificate or registration of the contractor, provide to
7153 the department Electrical Contractors' Licensing Board, as
7154 provided by department board rule, evidence of workers'
7155 compensation coverage pursuant to chapter 440. In the event that
7156 the Division of Workers' Compensation of the Department of
7157 Financial Services receives notice of the cancellation of a
7158 policy of workers' compensation insurance insuring a person or
7159 entity governed by this section, the Division of Workers'
7160 Compensation shall certify and identify all persons or entities
7161 by certification or registration license number to the
7162 department after verification is made by the Division of
7163 Workers' Compensation that persons or entities governed by this
7164 section are no longer covered by workers' compensation
7165 insurance. Such certification and verification by the Division
7166 of Workers' Compensation may result from records furnished to
7167 the Division of Workers' Compensation by the persons or entities
7168 governed by this section or an investigation completed by the
7169 Division of Workers' Compensation. The department shall notify
7170 the persons or entities governed by this section who have been
7171 determined to be in noncompliance with chapter 440, and the
7172 persons or entities notified shall provide certification of
7173 compliance with chapter 440 to the department and pay an
7174 administrative fine in the amount of $500. The failure to
7175 maintain workers' compensation coverage as required by law shall

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7176 be grounds for the department board to revoke, suspend, or deny
7177 the issuance or renewal of a certificate or registration of the
7178 contractor under the provisions of s. 489.533.
7179 Section 210. Paragraph (b) of subsection (1) and
7180 subsections (2) through (5) of section 489.511, Florida
7181 Statutes, are amended to read:
7182 489.511 Certification; application; examinations;
7183 endorsement.—
7184 (1)
7185 (b) Any person desiring to be certified as a contractor
7186 shall apply to the department in writing and must meet the
7187 following criteria:
7188 1. Be of good moral character;
7189 2. Pass the certification examination, achieving a passing
7190 grade as established by department board rule; and
7191 3. Meet eligibility requirements according to one of the
7192 following criteria:
7193 a. Has, within the 6 years immediately preceding the
7194 filing of the application, at least 3 years of proven management
7195 experience in the trade or education equivalent thereto, or a
7196 combination thereof, but not more than one-half of such
7197 experience may be educational equivalent;
7198 b. Has, within the 8 years immediately preceding the
7199 filing of the application, at least 4 years of experience as a
7200 supervisor or contractor in the trade for which he or she is

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7201 making application, or at least 4 years of experience as a
7202 supervisor in electrical or alarm system work with the United
7203 States Armed Forces;
7204 c. Has, within the 12 years immediately preceding the
7205 filing of the application, at least 6 years of comprehensive
7206 training, technical education, or supervisory experience
7207 associated with an electrical or alarm system contracting
7208 business, or at least 6 years of technical experience,
7209 education, or training in electrical or alarm system work with
7210 the United States Armed Forces or a governmental entity;
7211 d. Has, within the 12 years immediately preceding the
7212 filing of the application, been licensed for 3 years as a
7213 professional engineer who is qualified by education, training,
7214 or experience to practice electrical engineering; or
7215 e. Has any combination of qualifications under sub-
7216 subparagraphs a.-c. totaling 6 years of experience.
7217 (2) The department board may determine by rule the number
7218 of times per year the applicant may take the examination and
7219 after three unsuccessful attempts may require the applicant to
7220 complete additional college-level or technical education courses
7221 in the areas of deficiency, as determined by the department
7222 board, as a condition of future eligibility to take the
7223 examination.
7224 (3)(a) "Good moral character" means a personal history of
7225 honesty, fairness, and respect for the rights of others and for

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7226 laws of this state and nation.
7227 (b) The department board may determine that an individual
7228 applying for certification is ineligible for failure to satisfy
7229 the requirement of good moral character only if:
7230 1. There is a substantial connection between the lack of
7231 good moral character of the individual and the professional
7232 responsibilities of a certified contractor; and
7233 2. The finding by the department board of lack of good
7234 moral character is supported by clear and convincing evidence.
7235 (c) When an individual is found to be unqualified for
7236 certification because of a lack of good moral character, the
7237 department board shall furnish such individual a statement
7238 containing the findings of the department board, a complete
7239 record of the evidence upon which the determination was based,
7240 and a notice of the rights of the individual to a rehearing and
7241 appeal.
7242 (4) The department board shall, by rule, designate those
7243 types of specialty electrical or alarm system contractors who
7244 may be certified under this part. The limit of the scope of work
7245 and responsibility of a certified specialty contractor shall be
7246 established by department board rule. A certified specialty
7247 contractor category exists as an optional statewide licensing
7248 category. Qualification for certification in a specialty
7249 category created by rule shall be the same as set forth in
7250 paragraph (1)(b). The existence of a specialty category created

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7251 by rule does not itself create any licensing requirement;
7252 however, neither does its optional nature remove any licensure
7253 requirement established elsewhere in this part.
7254 (5) The department board shall certify as qualified for
7255 certification by endorsement any individual applying for
7256 certification who:
7257 (a) Meets the requirements for certification as set forth
7258 in this section; has passed a national, regional, state, or
7259 United States territorial licensing examination that is
7260 substantially equivalent to the examination required by this
7261 part; and has satisfied the requirements set forth in s.
7262 489.521;
7263 (b) Holds a valid license to practice electrical or alarm
7264 system contracting issued by another state or territory of the
7265 United States, if the criteria for issuance of such license were
7266 substantially equivalent to the certification criteria that
7267 existed in this state at the time the certificate was issued; or
7268 (c) Has held a valid, current license to practice
7269 electrical or alarm system contracting issued by another state
7270 or territory of the United States for at least 10 years before
7271 the date of application and is applying for the same or similar
7272 license in this state, subject to ss. 489.510 and 489.521(3)(a)
7273 and subparagraph (1)(b)1. Such application must be made either
7274 when the license in another state or territory is active or
7275 within 2 years after such license was last active. Electrical

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7276 contractors and alarm system contractors must complete a 2-hour
7277 course on the Florida Building Code. The required courses may be
7278 completed online.
7279 Section 211. Paragraph (c) of subsection (1) and
7280 subsections (3) and (6) of section 489.513, Florida Statutes,
7281 are amended to read:
7282 489.513 Registration; application; requirements.—
7283 (1) Any person engaged in the business of contracting in
7284 the state shall be registered in the proper classification
7285 unless he or she is certified. Any person desiring to be a
7286 registered contractor shall apply to the department for
7287 registration and must:
7288 (c) Meet eligibility requirements according to the
7289 following criteria:
7290 1. As used in this subsection, the term "good moral
7291 character" means a personal history of honesty, fairness, and
7292 respect for the rights of others and for state and federal law.
7293 2. The department board may determine that an individual
7294 applying for registration is ineligible due to failure to
7295 satisfy the requirement of good moral character only if:
7296 a. There is a substantial connection between the lack of
7297 good moral character of the individual and the professional
7298 responsibilities of a registered contractor; and
7299 b. The finding by the department board of lack of good
7300 moral character is supported by clear and convincing evidence.

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7301 3. When an individual is found to be unqualified because
7302 of lack of good moral character, the department board must
7303 furnish such individual a statement containing the findings of
7304 the department board, a complete record of evidence upon which
7305 the determination was based, and a notice of the rights of the
7306 individual to a rehearing and an appeal.
7307 (3) To be registered as an electrical contractor, an alarm
7308 system contractor I, an alarm system contractor II, or a
7309 residential alarm system contractor, the applicant shall file
7310 evidence of holding a current certificate of competency issued
7311 by any municipality or county of the state for the type of work
7312 for which registration is desired, on a form provided by the
7313 department, together with evidence of having passed an
7314 appropriate local examination, written or oral, designed to test
7315 skills and knowledge relevant to the technical performance of
7316 the profession, accompanied by the registration fee fixed
7317 pursuant to this part. For any person working or wishing to work
7318 in any local jurisdiction that does not require an examination
7319 for its license, the applicant may apply and shall be considered
7320 qualified to be issued a registration in the appropriate
7321 electrical or alarm system category, provided that he or she
7322 shows that he or she has scored at least 75 percent on an
7323 examination which is substantially equivalent to the examination
7324 approved by the department board for certification in the
7325 category and that he or she has had at least 3 years' technical

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7326 experience in the trade. The requirement to take and pass an
7327 examination in order to obtain a registration does shall not
7328 apply to persons making application before prior to the
7329 effective date of this act.
7330 (6) The local jurisdictions are responsible for providing
7331 the following information to the department board within 30 days
7332 after licensure of, or any disciplinary action against, a
7333 locally licensed contractor who is registered under this part:
7334 (a) Licensure information.
7335 (b) Code violation information pursuant to s. 553.781.
7336 (c) Disciplinary information.
7337
7338 The department board shall maintain such licensure and
7339 disciplinary information as it is provided to the department
7340 board and shall make the information available through the
7341 automated information system provided pursuant to s. 455.2286.
7342 Section 212. Section 489.514, Florida Statutes, is amended
7343 to read:
7344 489.514 Certification for registered contractors;
7345 grandfathering provisions.—
7346 (1) The department board shall, upon receipt of a
7347 completed application, appropriate fee, and proof of compliance
7348 with the provisions of this section, issue:
7349 (a) To an applying registered electrical contractor, a
7350 certificate as an electrical contractor, as defined in s.

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7351 489.505(12);
7352 (b) To an applying registered alarm system contractor, a
7353 certificate in the matching alarm system contractor category, as
7354 defined in s. 489.505(2)(a) or (b); or
7355 (c) To an applying registered electrical specialty
7356 contractor, a certificate in the matching electrical specialty
7357 contractor category, as defined in s. 489.505(19).
7358 (2) Any contractor registered under this part who makes
7359 application under this section to the department board shall
7360 meet each of the following requirements for certification:
7361 (a) Currently holds a valid registered local license in
7362 the category of electrical contractor, alarm system contractor,
7363 or electrical specialty contractor.
7364 (b) Has, for that category, passed a written, proctored
7365 examination that the department board finds to be substantially
7366 similar to the examination required to be licensed as a
7367 certified contractor under this part. For purposes of this
7368 subsection, a written, proctored examination such as that
7369 produced by the National Assessment Institute, Block and
7370 Associates, NAI/Block, Experior Assessments, Professional
7371 Testing, Inc., or Assessment Systems, Inc., shall be considered
7372 to be substantially similar to the examination required to be
7373 licensed as a certified contractor. The department board may not
7374 impose or make any requirements regarding the nature or content
7375 of these cited examinations.

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7376 (c) Has at least 5 years of experience as a contractor in
7377 that contracting category, or as an inspector or building
7378 administrator with oversight over that category, at the time of
7379 application. For contractors, only time periods in which the
7380 contractor license is active and the contractor is not on
7381 probation shall count toward the 5 years required under this
7382 subsection.
7383 (d) Has not had his or her contractor's license revoked at
7384 any time, had his or her contractor's license suspended in the
7385 last 5 years, or been assessed a fine in excess of $500 in the
7386 last 5 years.
7387 (e) Is in compliance with the insurance and financial
7388 responsibility requirements in s. 489.515(1)(b).
7389 Section 213. Subsections (1) through(4) of section
7390 489.515, Florida Statutes, are amended to read:
7391 489.515 Issuance of certificates; registrations.—
7392 (1)(a) The department shall issue a certificate to a
7393 person who the department board certifies is qualified to become
7394 a certified contractor.
7395 (b) The department board shall certify as qualified for
7396 certification any person who satisfies the requirements of s.
7397 489.511 and who submits satisfactory evidence that he or she has
7398 obtained both workers' compensation insurance or an acceptable
7399 exemption certificate issued by the department and public
7400 liability and property damage insurance for the health, safety,

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7401 and welfare of the public in amounts determined by rule of the
7402 department board, and furnishes evidence of financial
7403 responsibility, credit, and business reputation of either
7404 himself or herself or the business organization he or she
7405 desires to qualify.
7406 (c) Upon compliance with the provisions of this section
7407 and payment of the certification fee, the department shall issue
7408 the person a certificate.
7409 (2) The department shall issue a registration to a person
7410 who is in compliance with the provisions of s. 489.513 and who
7411 the department board certifies is qualified to be registered.
7412 (3)(a) As a prerequisite to the initial issuance or the
7413 renewal of a certificate or registration, the applicant shall
7414 submit an affidavit on a form provided by the department board
7415 attesting to the fact that the applicant has obtained both
7416 workers' compensation insurance or an acceptable exemption
7417 certificate issued by the department and public liability and
7418 property damage insurance for the health, safety, and welfare of
7419 the public in amounts determined by rule of the department
7420 board. The department board shall by rule establish a procedure
7421 to verify the accuracy of such affidavits based upon a random
7422 audit method.
7423 (b) An applicant for initial issuance of a certificate or
7424 registration shall submit as a prerequisite to qualifying for an
7425 exemption from workers' compensation coverage requirements under

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7426 s. 440.05 an affidavit attesting to the fact that the applicant
7427 will obtain an exemption within 30 days after the date the
7428 initial certificate or registration is issued by the department
7429 board.
7430 (4) The department board may refuse to certify any
7431 applicant who has violated any of the provisions of s. 489.533.
7432 Section 214. Subsection (4) of section 489.516, Florida
7433 Statutes, is amended to read:
7434 489.516 Qualifications to practice; restrictions;
7435 prerequisites.—
7436 (4) A county or municipality may suspend or deny a locally
7437 issued permit when the local building official, tax collector,
7438 or other authorized person determines that the contractor has
7439 failed to obtain both workers' compensation insurance or an
7440 acceptable exemption certificate issued by the department and
7441 public liability and property damage insurance in the amounts
7442 determined by rule of the department board.
7443 Section 215. Section 489.5161, Florida Statutes, is
7444 amended to read:
7445 489.5161 Credit for relevant military training and
7446 education.—
7447 (1) The department shall provide a method by which
7448 honorably discharged veterans may apply for licensure. The
7449 method must include a veteran-specific application and provide,
7450 to the fullest extent possible, credit toward the requirements

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7451 for licensure for military experience, training, and education
7452 received and completed during service in the United States Armed
7453 Forces if the military experience, training, or education is
7454 substantially similar to the experience, training, or education
7455 required for licensure. The department board may adopt rules
7456 pursuant to ss. 120.536(1) and 120.54 to implement this
7457 subsection.
7458 (2) Notwithstanding any other provision of law, beginning
7459 October 1, 2017, and annually thereafter, the department, in
7460 conjunction with the board, is directed to prepare and submit a
7461 report titled "Construction and Electrical Contracting Veteran
7462 Applicant Statistics" to the Governor, the President of the
7463 Senate, and the Speaker of the House of Representatives. The
7464 report shall include statistics and information relating to this
7465 section and s. 489.1131 which detail:
7466 (a) The number of applicants who identified themselves as
7467 veterans.
7468 (b) The number of veterans whose application for a license
7469 was approved.
7470 (c) The number of veterans whose application for a license
7471 was denied, including data on the reasons for denial.
7472 (d) Data on the application processing times for veterans.
7473 (e) Recommendations on ways to improve the department's
7474 ability to meet the needs of veterans which would effectively
7475 address the challenges that veterans face when separating from

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7476 military service and seeking a license regulated by the
7477 department pursuant to this part.
7478 Section 216. Subsections (4), (5), and (6) of section
7479 489.517, Florida Statutes, are renumbered as subsections (3),
7480 (4), and (5), respectively, and subsection (3) and present
7481 subsections (5) and (6) of that section are amended, to read:
7482 489.517 Renewal of certificate or registration; continuing
7483 education.—
7484 (3)(a) Each certificateholder or registrant licensed as a
7485 specialty contractor or an alarm system contractor shall provide
7486 proof, in a form established by rule of the board, that the
7487 certificateholder or registrant has completed at least 7
7488 classroom hours of at least 50 minutes each of continuing
7489 education courses during each biennium since the issuance or
7490 renewal of the certificate or registration. The board shall by
7491 rule establish criteria for the approval of continuing education
7492 courses and providers and may by rule establish criteria for
7493 accepting alternative nonclassroom continuing education on an
7494 hour-for-hour basis.
7495 (b) Each certificateholder or registrant licensed as an
7496 electrical contractor shall provide proof, in a form established
7497 by rule of the board, that the certificateholder or registrant
7498 has completed at least 11 classroom hours of at least 50 minutes
7499 each of continuing education courses during each biennium since
7500 the issuance or renewal of the certificate or registration. The

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7501 board shall by rule establish criteria for the approval of
7502 continuing education courses and providers and may by rule
7503 establish criteria for accepting alternative nonclassroom
7504 continuing education on an hour-for-hour basis.
7505 (4)(5) By applying for renewal, each certificateholder or
7506 registrant certifies that he or she has continually maintained
7507 the required amounts of public liability and property damage
7508 insurance as specified by department board rule. The department
7509 board shall establish by rule a procedure to verify the public
7510 liability and property damage insurance for a specified period,
7511 based upon a random sampling method.
7512 (5)(6) The department board shall require, by rule adopted
7513 pursuant to ss. 120.536(1) and 120.54, a specialized number of
7514 hours in specialized or advanced module courses, approved by the
7515 Florida Building Commission, on any portion of the Florida
7516 Building Code, adopted pursuant to part IV of chapter 553,
7517 relating to the contractor's respective discipline.
7518 Section 217. Subsection (6) is renumbered as subsection
7519 (5), paragraph (b) of subsection (1), paragraphs (b) and (d) of
7520 subsection (4), and subsection (5) of section 489.518, Florida
7521 Statutes, are amended to read:
7522 489.518 Alarm system agents.—
7523 (1) A licensed electrical or alarm system contractor may
7524 not employ a person to perform the duties of a burglar alarm
7525 system agent unless the person:

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7526 (b) Has successfully completed a minimum of 14 hours of
7527 training within 90 days after employment, to include basic alarm
7528 system electronics in addition to related training including
7529 CCTV and access control training, with at least 2 hours of
7530 training in the prevention of false alarms. Such training shall
7531 be from a department-approved board-approved provider, and the
7532 employee or applicant for employment shall provide proof of
7533 successful completion to the licensed employer. The department
7534 board shall by rule establish criteria for the approval of
7535 training courses and providers and may by rule establish
7536 criteria for accepting alternative nonclassroom education on an
7537 hour-for-hour basis. The department board shall approve
7538 providers that conduct training in other than the English
7539 language. The department board shall establish a fee for the
7540 approval of training providers or courses, not to exceed $60.
7541 Qualified employers may conduct training classes for their
7542 employees, with department board approval.
7543 (4)
7544 (b) The identification card shall be designed in a
7545 department-approved board-approved format. The card must include
7546 a picture of the agent, must specify at least the name of the
7547 holder of the card and the name and license number of the
7548 contractor, and must be signed by the contractor and by the
7549 holder of the card. Each identification card is valid for a
7550 period of 2 years after the date of issuance. The identification

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7551 card must be in the possession of each burglar alarm system
7552 agent while engaged in burglar alarm system agent duties.
7553 (d) Each identification card must be renewed every 2 years
7554 and in a board-approved format to show compliance with the 6
7555 hours of continuing education necessary to maintain
7556 certification as a burglar alarm system agent.
7557 (5) Each burglar alarm system agent must receive 6 hours
7558 of continuing education on burglar alarm system installation and
7559 repair and false alarm prevention every 2 years from a board-
7560 approved sponsor of training and through a board-approved
7561 training course.
7562 Section 218. Subsection (6) of section 489.5185, Florida
7563 Statutes, is renumbered as subsection (5) and paragraph (b) of
7564 subsection (1), paragraphs (a) and (f) of subsection (2),
7565 paragraphs (b) and (d) of subsection (4), and subsection (5) of
7566 that section are amended, to read:
7567 489.5185 Fire alarm system agents.—
7568 (1) A certified unlimited electrical contractor or
7569 licensed fire alarm contractor may not employ a person to
7570 perform the duties of a fire alarm system agent unless the
7571 person:
7572 (b) Has successfully completed a minimum of 14 hours of
7573 initial training, to include basic fire alarm system technology
7574 in addition to related training in National Fire Protection
7575 Association (NFPA) codes and standards and access control

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7576 training, with at least 2 hours of training in the prevention of
7577 false alarms. Such training must be from a department-approved
7578 board-approved provider, and the employee or applicant for
7579 employment must provide proof of successful completion to the
7580 licensed employer. The department board, by rule, shall
7581 establish criteria for the approval of training courses and
7582 providers. The department board shall approve qualified
7583 providers that conduct training in other than the English
7584 language. The department board shall establish a fee for the
7585 approval of training providers, not to exceed $200, and a fee
7586 for the approval of courses at $25 per credit hour, not to
7587 exceed $100 per course.
7588 (2)(a) Any applicant for employment as a fire alarm system
7589 agent, or any individual employed as a fire alarm system agent
7590 on the effective date of this act, who has completed alarm
7591 system agent or burglar alarm system agent training before prior
7592 to the effective date of this act in a department-certified
7593 board-certified program is not required to take additional
7594 training in order to comply with the initial training
7595 requirements of this section.
7596 (f) If a person holds a current National Institute of
7597 Certification in Engineering Technologies (NICET) Level II
7598 certification or higher in Fire Alarm Systems or Inspection and
7599 Testing of Fire Alarm Systems, a current certification as an
7600 Electronic Security Association (ESA) Certified Fire Alarm

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7601 Technician, or a current certification as an ESA Certified Fire
7602 Alarm Designer, he or she is required to complete only the 2
7603 hours of training in the prevention of false alarms required by
7604 paragraph (1)(b) from a department-approved board-approved
7605 sponsor of training and through a department-approved board-
7606 approved training course.
7607 (4)
7608 (b) The card shall follow a department-approved board-
7609 approved format, to include a picture of the agent; shall
7610 specify at least the name of the holder of the card and the name
7611 and license number of the certified unlimited electrical
7612 contractor or licensed fire alarm contractor; and shall be
7613 signed by both the contractor and the holder of the card. Each
7614 identification card shall be valid for a period of 2 years after
7615 the date of issuance. The identification card must be in the
7616 possession of the fire alarm system agent while engaged in fire
7617 alarm system agent duties.
7618 (d) Each identification card must be renewed every 2 years
7619 and in a board-approved format to show compliance with the 6
7620 hours of continuing education necessary to maintain
7621 certification as a fire alarm system agent.
7622 (5)(a) Except as provided in paragraph (b), each fire
7623 alarm system agent must receive 6 hours of continuing education
7624 on fire alarm system installation and repair and false alarm
7625 prevention every 2 years from a board-approved sponsor of

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7626 training and through a board-approved training course.
7627 (b) A person holding a current NICET Level II
7628 certification or higher in Fire Alarm Systems or Inspection and
7629 Testing of Fire Alarm Systems, certification as an ESA Certified
7630 Fire Alarm Technician, or certification as an ESA Certified Fire
7631 Alarm Designer is required to complete only 2 hours of
7632 continuing education training in the prevention of false alarms
7633 every 2 years from a board-approved sponsor of training and
7634 through a board-approved training course.
7635 Section 219. Subsections (1) and (3) of section 489.519,
7636 Florida Statutes, are amended to read:
7637 489.519 Inactive status.—
7638 (1) A certificate or registration that becomes inactive
7639 may be reactivated under s. 489.517 upon application to the
7640 department. The board may not require a licensee to complete
7641 more than one renewal cycle of continuing education to
7642 reactivate a certificate or registration.
7643 (3) The board shall impose, by rule, continuing education
7644 requirements for inactive certificateholders, when inactive
7645 status is sought by certificateholders who are also building
7646 code administrators, plans examiners, or inspectors certified
7647 pursuant to part XII of chapter 468.
7648 Section 220. Section 489.520, Florida Statutes, is amended
7649 to read:
7650 489.520 Automated licensure status information system.—By

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7651 January 1, 1995, the department shall implement an automated
7652 licensure status information system for electrical and alarm
7653 system contracting. The system shall provide instant
7654 notification to local building departments and other interested
7655 parties, as determined by the board or department, regarding the
7656 status of the certification or registration of any contractor
7657 certified or registered pursuant to the provisions of this part.
7658 The provision of such information shall consist, at a minimum,
7659 of an indication of whether the certification or registration of
7660 the contractor applying for a permit is active, of any current
7661 failure of the contractor to make restitution according to the
7662 terms of any final action by the department board, of any
7663 ongoing disciplinary cases against the contractor that are
7664 subject to public disclosure, and whether there are any
7665 outstanding fines against the contractor.
7666 Section 221. Paragraphs (a) and (b) of subsection (2),
7667 subsections (3), (4), and (5), paragraph (c) of subsection (7),
7668 subsections (8) and (9), and paragraph (b) of subsection (10) of
7669 section 489.521, Florida Statutes, are amended to read:
7670 489.521 Business organizations; qualifying agents.—
7671 (2)(a)1. If the applicant proposing to engage in
7672 contracting is a partnership, corporation, business trust, or
7673 other legal entity, other than a sole proprietorship, the
7674 application shall state the name of the partnership and its
7675 partners; the name of the corporation and its officers and

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7676 directors and the name of each of its stockholders who is also
7677 an officer or director; the name of the business trust and its
7678 trustees; or the name of such other legal entity and its
7679 members. In addition, the applicant shall furnish evidence of
7680 statutory compliance if a fictitious name is used. A joint
7681 venture, including a joint venture composed of qualified
7682 business organizations, is itself a separate and distinct
7683 organization that shall be qualified in accordance with
7684 department board rules. The registration or certification, when
7685 issued upon application of a business organization, shall be in
7686 the name of the qualifying agent, and the name of the business
7687 organization shall be noted thereon. If there is a change in any
7688 information that is required to be stated on the application,
7689 the business organization shall, within 45 days after such
7690 change occurs, mail the correct information to the department.
7691 2. Any person certified or registered pursuant to this
7692 part who has had his or her license revoked may shall not be
7693 eligible for a 5-year period to be a partner, officer, director,
7694 or trustee of a business organization as defined by this
7695 section. Such person shall also be ineligible to reapply for
7696 certification or registration under this part for a period of 5
7697 years.
7698 (b) The applicant shall also show that the proposed
7699 qualifying agent is legally qualified to act for the business
7700 organization in all matters connected with its electrical or

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7701 alarm system contracting business and concerning regulations by
7702 the department board and that he or she has authority to
7703 supervise electrical or alarm system contracting undertaken by
7704 the business organization.
7705 (3)(a) The applicant shall furnish evidence of financial
7706 responsibility, credit, and business reputation of the business
7707 organization, as well as the name of the qualifying agent. The
7708 department board shall adopt rules defining financial
7709 responsibility based upon the business organization's credit
7710 history, ability to be bonded, and any history of bankruptcy or
7711 assignment of receivers. Such rules shall specify the financial
7712 responsibility grounds on which the department board may
7713 determine that a business organization is not qualified to
7714 engage in contracting.
7715 (b) In the event a qualifying agent must take the
7716 certification examination, the department board shall, within 60
7717 days from the date of the examination, inform the business
7718 organization in writing whether or not its qualifying agent has
7719 qualified.
7720 (c) If the qualifying agent of a business organization
7721 applying to engage in contracting, after having been notified to
7722 do so, does not appear for examination within 1 year from the
7723 date of filing of the application, the examination fee paid by
7724 it shall be credited as an earned fee to the department. A new
7725 application to engage in contracting shall be accompanied by

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7726 another application fee fixed pursuant to this act. Forfeiture
7727 of a fee may be waived by the department board for good cause.
7728 (d) Once the department board has determined that the
7729 business organization's proposed qualifying agent has qualified,
7730 the business organization shall be authorized to engage in the
7731 contracting business. The certificate, when issued, shall be in
7732 the name of the qualifying agent, and the name of the business
7733 organization shall be noted thereon.
7734 (4) As a prerequisite to the initial issuance of a
7735 certificate, the applicant or the business organization he or
7736 she qualifies shall submit evidence that he or she or the
7737 business organization has obtained public liability and property
7738 damage insurance for the safety and welfare of the public in an
7739 amount to be determined by department board rule.
7740 (5) At least one officer or supervising employee of the
7741 business organization must be qualified under this act in order
7742 for the business organization to be qualified to engage in
7743 contracting in the category of the business conducted. If any
7744 individual so qualified on behalf of the business organization
7745 ceases to qualify the business organization, he or she shall
7746 notify the board and the department thereof within 30 days after
7747 such occurrence. In addition, if the individual is the only
7748 individual who qualifies the business organization, the business
7749 organization shall notify the board and the department of the
7750 individual's termination, and it shall have a period of 60 days

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7751 from the termination of the individual to qualify another person
7752 under the provision of this act, failing which, the department
7753 board shall determine that the business organization is no
7754 longer qualified to engage in contracting. The individual shall
7755 also inform the department board in writing when he or she
7756 proposes to engage in contracting in his or her own name or in
7757 affiliation with another business organization, and the
7758 individual, or such new business organization, shall supply the
7759 same information to the department board as required for
7760 applicants under this act. After an investigation of the
7761 financial responsibility, credit, and business reputation of the
7762 individual or the new business organization and upon a favorable
7763 determination, the department board shall certify the business
7764 organization as qualified, and the department shall issue,
7765 without examination, a new certificate in the individual's name,
7766 which shall include the name of the new business organization,
7767 as provided in this section.
7768 (7)
7769 (c) The department board shall assess a fine of not less
7770 than $100 or issue a citation to any contractor who fails to
7771 include that contractor's certification or registration number
7772 when submitting an advertisement for publication, broadcast, or
7773 printing. In addition, any person who claims in any
7774 advertisement to be a certified or registered contractor, but
7775 who does not hold a valid state certification or registration,

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7776 commits a misdemeanor of the second degree, punishable as
7777 provided in s. 775.082 or s. 775.083.
7778 (8) Each qualifying agent shall pay the department an
7779 amount equal to the original fee for certification or
7780 registration to qualify any additional business organizations.
7781 If the qualifying agent for a business organization desires to
7782 qualify additional business organizations, the department board
7783 shall require him or her to present evidence of supervisory
7784 ability and financial responsibility of each such organization.
7785 Allowing a licensee to qualify more than one business
7786 organization shall be conditioned upon the licensee showing that
7787 the licensee has both the capacity and intent to adequately
7788 supervise each business organization in accordance with s.
7789 489.522(1). The department may board shall not limit the number
7790 of business organizations which the licensee may qualify except
7791 upon the licensee's failing to provide such information as is
7792 required under this subsection or upon a finding that such
7793 information or evidence as is supplied is incomplete or
7794 unpersuasive in showing the licensee's capacity and intent to
7795 comply with the requirements of this subsection. A qualification
7796 for an additional business organization may be revoked or
7797 suspended upon a finding by the department board that the
7798 licensee has failed in the licensee's responsibility to
7799 adequately supervise the operations of that business
7800 organization in accordance with s. 489.522(1). Failure of the

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7801 responsibility to adequately supervise the operations of a
7802 business organization in accordance with s. 489.522(1) shall be
7803 grounds for denial to qualify additional business organizations.
7804 (9) If a business organization or any of its partners,
7805 officers, directors, trustees, or members is disciplined for
7806 violating s. 489.533(1), the department board may, on that basis
7807 alone, deny issuance of a certificate or registration to a
7808 qualifying agent on behalf of that business organization.
7809 (10)
7810 (b) Any business organization engaging in contracting
7811 under this subsection shall provide the department board with
7812 the name and license number of each registered or certified
7813 contractor employed by the business organization to supervise
7814 its contracting activities. The business organization is not
7815 required to post a bond or otherwise evidence any financial or
7816 credit information except as necessary to demonstrate compliance
7817 with paragraph (a).
7818 Section 222. Subsection (2) and paragraph (a) of
7819 subsection (3) of section 489.522, Florida Statutes, are amended
7820 to read:
7821 489.522 Qualifying agents; responsibilities.—
7822 (2) One of the qualifying agents for a business
7823 organization that has more than one qualifying agent may be
7824 designated as the sole primary qualifying agent for the business
7825 organization by a joint agreement that is executed, on a form

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7826 provided by the department board, by all qualifying agents for
7827 the business organization. The joint agreement shall be
7828 submitted to the department board for approval. If the
7829 department board determines that the joint agreement is in good
7830 order, it shall approve the designation and immediately notify
7831 the qualifying agents of such approval. The designation made by
7832 the joint agreement is effective upon receipt of the notice by
7833 the qualifying agents. The qualifying agent designated for a
7834 business organization by a joint agreement is the sole primary
7835 qualifying agent for the business organization, and all other
7836 qualifying agents for the business organization are secondary
7837 qualifying agents.
7838 (a) A designated sole primary qualifying agent has all the
7839 responsibilities and duties of a primary qualifying agent,
7840 notwithstanding that there are secondary qualifying agents for
7841 specified jobs. The designated sole primary qualifying agent is
7842 jointly and equally responsible with secondary qualifying agents
7843 for field work supervision.
7844 (b) A secondary qualifying agent is responsible only for:
7845 1. The supervision of field work at sites where his or her
7846 license was used to obtain the building permit; and
7847 2. Any other work for which he or she accepts
7848 responsibility.
7849
7850 A secondary qualifying agent is not responsible for supervision

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7851 of financial matters.
7852 (c) A primary qualifying agent shall have approval
7853 authority for checks, payments, drafts, and contracts issued by
7854 or entered into by the business organization.
7855 (3)(a) A qualifying agent who has been designated by a
7856 joint agreement as the sole primary qualifying agent for a
7857 business organization may terminate this status as such by
7858 giving actual notice to the business organization, to the
7859 department board, and to all secondary qualifying agents of his
7860 or her intention to terminate this status. The notice to the
7861 department board shall include proof satisfactory to the
7862 department board that he or she has given the notice required in
7863 this paragraph. The status of the qualifying agent shall cease
7864 upon the designation of a new primary qualifying agent or 60
7865 days after satisfactory notice of termination has been provided
7866 to the department board, whichever first occurs. If no new
7867 primary qualifying agent has been designated within 60 days, all
7868 secondary qualifying agents for the business organization shall
7869 become primary qualifying agents, unless the joint agreement
7870 specifies that one or more of them shall become sole qualifying
7871 agents under such circumstances, in which case only they shall
7872 become sole qualifying agents.
7873 Section 223. Section 489.523, Florida Statutes, is amended
7874 to read:
7875 489.523 Emergency registration upon death of contractor.—

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7876 If an incomplete contract exists at the time of death of a
7877 contractor, the contract may be completed by any person even
7878 though not certified. The person shall notify the department
7879 appropriate board, within 30 days after the death of the
7880 contractor, of his or her name and address, knowledge of the
7881 contract, and ability to complete it. If the department board
7882 approves, he or she may proceed with the contract. The
7883 department board shall then issue an emergency registration
7884 which shall expire upon the completion of the contract. For
7885 purposes of this section, and upon written approval of the
7886 department board, an incomplete contract may be one which has
7887 been awarded to, or entered into by, the contractor before his
7888 or her death, or on which he or she was the low bidder and the
7889 contract is subsequently awarded to him or her, regardless of
7890 whether any actual work has commenced under the contract before
7891 the contractor's death.
7892 Section 224. Section 489.525, Florida Statutes, is amended
7893 to read:
7894 489.525 Report to local building officials.—The department
7895 may report to all building officials the contents of this part
7896 and the contents of the rules of the department board. Any
7897 information that is available through the Internet or other
7898 electronic means may be excluded from the report.
7899 Section 225. Subsections (2), (3), (4), (5), and (6) and
7900 paragraphs (b) and (e) of subsection (7) of section 489.533,

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7901 Florida Statutes, are amended to read:
7902 489.533 Disciplinary proceedings.—
7903 (2) When the department board finds any applicant,
7904 contractor, or business organization for which the contractor is
7905 a primary qualifying agent or secondary qualifying agent
7906 responsible under s. 489.522 guilty of any of the grounds set
7907 forth in subsection (1), it may enter an order imposing one or
7908 more of the following penalties:
7909 (a) Denial of an application for certification or
7910 registration.
7911 (b) Revocation or suspension of a certificate or
7912 registration.
7913 (c) Imposition of an administrative fine not to exceed
7914 $10,000 for each count or separate offense.
7915 (d) Issuance of a reprimand.
7916 (e) Placement of the contractor on probation for a period
7917 of time and subject to such conditions as the department board
7918 may specify, including requiring the contractor to attend
7919 continuing education courses or to work under the supervision of
7920 another contractor.
7921 (f) Restriction of the authorized scope of practice by the
7922 contractor.
7923 (g) Require financial restitution to a consumer.
7924 (3) In recommending penalties in any proposed recommended
7925 final order, the department shall follow the penalty guidelines

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7926 established by the department board by rule. The department
7927 shall advise the administrative law judge of the appropriate
7928 penalty, including mitigating and aggravating circumstances, and
7929 the specific rule citation.
7930 (4) The department board may not reinstate the certificate
7931 or registration of, or cause a certificate or registration to be
7932 issued to, a person who the department board has determined
7933 unqualified until it is satisfied that such person has complied
7934 with all the terms and conditions set forth in the final order
7935 and is capable of competently engaging in the business of
7936 contracting.
7937 (5) When the department board imposes administrative fines
7938 pursuant to subsection (2) resulting from violation of chapter
7939 633 or violation of the rules of the State Fire Marshal, 50
7940 percent of the fine shall be paid into the Insurance Regulatory
7941 Trust Fund to help defray the costs of investigating the
7942 violations and obtaining the corrective action. The State Fire
7943 Marshal may participate at its discretion, but not as a party,
7944 in any proceedings before the department board relating to
7945 violation of chapter 633 or the rules of the State Fire Marshal,
7946 in order to make recommendations as to the appropriate penalty
7947 in such case. However, the State Fire Marshal does shall not
7948 have standing to bring disciplinary proceedings regarding
7949 certification.
7950 (6) The department board may restrain any violation of

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7951 this part by action in a court of competent jurisdiction.
7952 (7)
7953 (b) A No licensee may not avail himself or herself of the
7954 mediation process more than three times without the approval of
7955 the department board. The department board may consider the
7956 subject and the dates of the earlier complaints in rendering its
7957 decision. The department's board's decision may shall not be
7958 considered a final agency action and is not appealable.
7959 (e) The department, in conjunction with the board, shall
7960 determine by rule the types of cases which may be included in
7961 the mediation process. The department may initiate or continue
7962 disciplinary action, pursuant to chapter 455 and this chapter
7963 against the licensee as determined by rule.
7964 Section 226. Paragraph (a) of subsection (1) of section
7965 489.5335, Florida Statutes, is amended to read:
7966 489.5335 Journeyman; reciprocity; standards.—
7967 (1) Counties and municipalities are authorized to issue
7968 journeyman licenses in the electrical and alarm system trades to
7969 an individual who:
7970 (a) Has scored at least 70 percent, or after October 1,
7971 1997, at least 75 percent, on a proctored journeyman Block and
7972 Associates examination or other proctored examination approved
7973 by the department board for the trade in which he or she is
7974 licensed;
7975 Section 227. Paragraph (e) of subsection (3) and

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7976 paragraphs (b) and (c) of subsection (5) of section 489.537,
7977 Florida Statutes, are amended to read:
7978 489.537 Application of this part.—
7979 (3) Nothing in this act limits the power of a municipality
7980 or county:
7981 (e)1. To refuse to issue permits or issue permits with
7982 specific conditions to a contractor who has committed multiple
7983 violations, when he or she has been disciplined for each of them
7984 by the department board and when each disciplinary action has
7985 involved revocation or suspension of a license, imposition of an
7986 administrative fine of at least $1,000, or probation.
7987 2. To issue permits with specific conditions to a
7988 contractor who, within the previous 12 months, has had final
7989 action taken against him or her, by the department or by a local
7990 board or agency which licenses contractors and has reported the
7991 action pursuant to paragraph (5)(c), for engaging in the
7992 business or acting in the capacity of a contractor without a
7993 license.
7994 (5)
7995 (b) To engage in contracting in the territorial area, an
7996 applicant shall also be registered with the department board.
7997 (c) Each local board or agency which licenses contractors
7998 shall transmit monthly to the department board a report of any
7999 disciplinary action taken against contractors and any
8000 administrative or disciplinary action taken against unlicensed

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8001 persons for engaging in the business or acting in the capacity
8002 of a contractor, including any cease and desist order issued
8003 pursuant to s. 489.516(2)(b).
8004 Section 228. Section 489.552, Florida Statutes, is amended
8005 to read:
8006 489.552 Registration required.—A person may shall not hold
8007 himself or herself out as a septic tank contractor or a master
8008 septic tank contractor in this state unless he or she is
8009 registered by the department in accordance with the provisions
8010 of this part. However, nothing in this part prohibits any person
8011 licensed pursuant to s. 489.105(2)(m) s. 489.105(3)(m) in this
8012 state from engaging in the profession for which he or she is
8013 licensed.
8014 Section 229. Subsection (1) of section 492.102, Florida
8015 Statutes, is amended to read:
8016 492.102 Definitions.—For the purposes of this chapter,
8017 unless the context clearly requires otherwise:
8018 (1) "Board" means the Board of Professional Geologists.
8019 Section 230. Section 492.104, Florida Statutes, is amended
8020 to read:
8021 492.104 Rulemaking authority.—The department Board of
8022 Professional Geologists has authority to adopt rules pursuant to
8023 ss. 120.536(1) and 120.54 to implement this chapter. Every
8024 licensee shall be governed and controlled by this chapter and
8025 the rules adopted by the department board. The department board

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8026 is authorized to set, by rule, fees for application,
8027 examination, late renewal, initial licensure, and license
8028 renewal. These fees may not exceed the cost of implementing the
8029 application, examination, initial licensure, and license renewal
8030 or other administrative process and shall be established as
8031 follows:
8032 (1) The application fee may shall not exceed $150 and
8033 shall be nonrefundable.
8034 (2) The examination fee may shall not exceed $250, and the
8035 fee may be apportioned to each part of a multipart examination.
8036 The examination fee shall be refundable in whole or part if the
8037 applicant is found to be ineligible to take any portion of the
8038 licensure examination.
8039 (3) The initial license fee may shall not exceed $100.
8040 (4) The biennial renewal fee may shall not exceed $150.
8041 (5) The fee for reactivation of an inactive license may
8042 not exceed $50.
8043 (6) The fee for a provisional license may not exceed $400.
8044 (7) The fee for application, examination, and licensure
8045 for a license by endorsement is as provided in this section for
8046 licenses in general.
8047 Section 231. Subsection (1), paragraph (b) of subsection
8048 (2), and subsection (3) of section 492.105, Florida Statutes,
8049 are amended to read:
8050 492.105 Licensure by examination; requirements; fees.—

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8051 (1) Any person desiring to be licensed as a professional
8052 geologist shall apply to the department to take the licensure
8053 examination. The written licensure examination shall be designed
8054 to test an applicant's qualifications to practice professional
8055 geology, and shall include such subjects as will tend to
8056 ascertain the applicant's knowledge of the fundamentals, theory,
8057 and practice of professional geology and may include such
8058 subjects as are taught in curricula of accredited colleges and
8059 universities. The written licensure examination may be a
8060 multipart examination. The department shall examine each
8061 applicant who the department board certifies:
8062 (a) Has completed the application form and remitted a
8063 nonrefundable application fee and an examination fee which is
8064 refundable if the applicant is found to be ineligible to take
8065 the examination.
8066 (b) Is at least 18 years of age.
8067 (c) Has not committed any act or offense in any
8068 jurisdiction which would constitute the basis for disciplining a
8069 professional geologist licensed pursuant to this chapter.
8070 (d) Has fulfilled the following educational requirements
8071 at a college or university, the geological curricula of which
8072 meet the criteria established by an accrediting agency
8073 recognized by the United States Department of Education:
8074 1. Graduation from such college or university with a major
8075 in geology or other related science acceptable to the department

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8076 board; and
8077 2. Satisfactory completion of at least 30 semester hours
8078 or 45 quarter hours of geological coursework.
8079 (e) Has at least 5 years of verified professional
8080 geological work experience, which includes a minimum of 3 years
8081 of professional geological work under the supervision of a
8082 licensed or qualified geologist or professional engineer
8083 registered under chapter 471 as qualified in the field or
8084 discipline of professional engineering work performed; or has a
8085 minimum of 5 accumulative years of verified geological work
8086 experience in responsible charge of geological work as
8087 determined by the department board.
8088 (2) The department shall issue a license to practice
8089 professional geology to any person who has:
8090 (b) Been certified by the department board as qualified to
8091 practice professional geology; and
8092 (3) The department may shall not issue a license to any
8093 applicant who is under investigation in any jurisdiction for an
8094 offense which would constitute a violation of this chapter. Upon
8095 completion of the investigation, the disciplinary provisions of
8096 s. 492.113 shall apply.
8097 Section 232. Subsections (1) and (2) of section 492.1051,
8098 Florida Statutes, are amended to read:
8099 492.1051 Registered geologist-in-training; requirements.—
8100 (1) A person desiring to register as a geologist-in-

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8101 training shall apply to the department to take a discrete
8102 portion of the examination required for licensure as a
8103 professional geologist in this state. This discrete portion
8104 shall cover the fundamentals of geology. The department shall
8105 examine each applicant who the department board certifies:
8106 (a) Has completed the application form and remitted a
8107 nonrefundable application fee and an examination fee that is
8108 refundable if the applicant is found to be ineligible to take
8109 the examination.
8110 (b) Has not committed an act or offense in any
8111 jurisdiction which constitutes grounds for disciplining a
8112 professional geologist licensed under this chapter; and
8113 (c) Has successfully completed at least 30 semester hours
8114 or 45 quarter hours of geological coursework at a college or
8115 university, the geological curricula of which meet the criteria
8116 established by an accrediting agency recognized by the United
8117 States Department of Education and, if still enrolled, has
8118 provided a letter of good academic standing from the college or
8119 university.
8120 (2) The department shall register as a geologist-in-
8121 training each applicant who the department board certifies has
8122 passed the fundamentals of geology portion of the licensure
8123 examination.
8124 Section 233. Section 492.106, Florida Statutes, is amended
8125 to read:

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8126 492.106 Provisional licenses.—The department may provide a
8127 provisional license to any person who is not a resident of and
8128 has not established a place of business in this state, and who
8129 is duly licensed in another state, territory, or possession of
8130 the United States, or in the District of Columbia, and who has
8131 qualifications which the department board, upon advice of a
8132 committee of the department board, deems comparable to those
8133 required of professional geologists in this state, upon written
8134 application accompanied by the proper application fee, offered
8135 before prior to the practice of professional geology in this
8136 state, under the following restrictions:
8137 (1) Satisfactory proof of licensure as required above
8138 shall include the name, residence address, business address, and
8139 certification of the license of the applicant from the issuing
8140 state, together with the name and address of the authority
8141 issuing such license.
8142 (2) The practice of professional geology under a
8143 provisional license may shall not exceed 1 year.
8144 (3) The practice of professional geology under a
8145 provisional license shall be confined to one specified project.
8146 Such license may not be renewed or reissued for 5 years from the
8147 date of original issuance.
8148 (4) A written statement shall be furnished to the
8149 department within 60 days of completion of the work, indicating
8150 the time engaged and the nature of the work. A person holding a

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8151 provisional license shall exhibit such provisional license each
8152 time and on each occasion that an indication of licensure is
8153 required.
8154 Section 234. Subsection (1) of section 492.107, Florida
8155 Statutes, is amended to read:
8156 492.107 Seals.—
8157 (1) The department board shall prescribe, by rule, a form
8158 of seal, including its electronic form, to be used by persons
8159 holding valid licenses. All geological papers, reports, and
8160 documents prepared or issued by the licensee shall be signed,
8161 dated, and sealed by the licensee who performed or is
8162 responsible for the supervision, direction, or control of the
8163 work contained in the papers, reports, or documents. Such
8164 signature, date, and seal shall be evidence of the authenticity
8165 of that to which they are affixed. Geological papers, reports,
8166 and documents prepared or issued by the licensee may be
8167 transmitted electronically provided they have been signed by the
8168 licensee, dated, and electronically sealed. It is unlawful for
8169 any person to sign or seal any document as a professional
8170 geologist unless that person holds a current, active license as
8171 a professional geologist which has not expired or been revoked
8172 or suspended, unless reinstated or reissued.
8173 Section 235. Subsection (1) of section 492.108, Florida
8174 Statutes, is amended to read:
8175 492.108 Licensure by endorsement; requirements; fees.—

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8176 (1) The department shall issue a license by endorsement to
8177 any applicant who, upon applying to the department and remitting
8178 an application fee, has been certified by the department board
8179 that he or she:
8180 (a) Has met the qualifications for licensure in s.
8181 492.105(1)(b)-(e) and:
8182 1. Is the holder of an active license in good standing in
8183 a state, trust, territory, or possession of the United States.
8184 2. Was licensed through written examination in at least
8185 one state, trust, territory, or possession of the United States,
8186 the examination requirements of which have been approved by the
8187 department board as substantially equivalent to or more
8188 stringent than those of this state, and has received a score on
8189 such examination which is equal to or greater than the score
8190 required by this state for licensure by examination.
8191 3. Has taken and successfully passed the laws and rules
8192 portion of the examination required for licensure as a
8193 professional geologist in this state.
8194 (b) Has held a valid license to practice geology in
8195 another state, trust, territory, or possession of the United
8196 States for at least 10 years before the date of application and
8197 has successfully completed a state, regional, national, or other
8198 examination that is equivalent to or more stringent than the
8199 examination required by the department. If such applicant has
8200 met the requirements for a license by endorsement except

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8201 successful completion of an examination that is equivalent to or
8202 more stringent than the examination required by the department
8203 board, such applicant may take the examination required by the
8204 department board. Such application must be submitted to the
8205 department board while the applicant holds a valid license in
8206 another state or territory or within 2 years after the
8207 expiration of such license.
8208 Section 236. Subsection (2) of section 492.1101, Florida
8209 Statutes, is amended to read:
8210 492.1101 Inactive status.—
8211 (2) The department board shall adopt promulgate rules
8212 relating to the reactivation of inactive licenses and shall
8213 prescribe by rule a fee for the reactivation of inactive
8214 licenses.
8215 Section 237. Subsection (1) of section 492.111, Florida
8216 Statutes, is amended to read:
8217 492.111 Practice of professional geology by a firm,
8218 corporation, or partnership.—The practice of, or offer to
8219 practice, professional geology by individual professional
8220 geologists licensed under the provisions of this chapter through
8221 a firm, corporation, or partnership offering geological services
8222 to the public through individually licensed professional
8223 geologists as agents, employees, officers, or partners thereof
8224 is permitted subject to the provisions of this chapter, if:
8225 (1) At all times that it offers geological services to the

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8226 public, the firm, corporation, or partnership is qualified by
8227 one or more individuals who hold a current, active license as a
8228 professional geologist in the state and are serving as a
8229 geologist of record for the firm, corporation, or partnership. A
8230 geologist of record may be any principal officer or employee of
8231 such firm or corporation, or any partner or employee of such
8232 partnership, who holds a current, active license as a
8233 professional geologist in this state, or any other Florida-
8234 licensed professional geologist with whom the firm, corporation,
8235 or partnership has entered into a long-term, ongoing
8236 relationship, as defined by rule of the department board, to
8237 serve as one of its geologists of record. The geologist of
8238 record shall notify the department of any changes in the
8239 relationship or identity of that geologist of record within 30
8240 days after such change.
8241 Section 238. Paragraph (k) of subsection (1) and
8242 subsections (2), (3), and (4) of section 492.113, Florida
8243 Statutes, are amended to read:
8244 492.113 Disciplinary proceedings.—
8245 (1) The following acts constitute grounds for which the
8246 disciplinary actions in subsection (3) may be taken:
8247 (k) Violating a rule of the department or board or any
8248 order of the department or board previously entered in a
8249 disciplinary hearing.
8250 (2) The department board shall specify, by rule, what acts

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8251 or omissions constitute a violation of subsection (1).
8252 (3) When the department board finds any person guilty of
8253 any of the grounds set forth in subsection (1), it may enter an
8254 order imposing one or more of the following penalties:
8255 (a) Denial of an application for licensure.
8256 (b) Revocation or suspension of a license.
8257 (c) Imposition of an administrative fine not to exceed
8258 $1,000 for each count or separate offense.
8259 (d) Issuance of a reprimand.
8260 (e) Placement of the licensee on probation for a period of
8261 time and subject to such conditions as the department board may
8262 specify.
8263 (f) Restriction of the authorized scope of practice by the
8264 licensee.
8265 (4) The department shall reissue the license of a
8266 disciplined professional geologist upon certification by the
8267 department board that the disciplined person has complied with
8268 the terms and conditions set forth in the final order.
8269 Section 239. Subsections (10) through (13) of section
8270 493.6101, Florida Statutes, are amended to read:
8271 493.6101 Definitions.—
8272 (10) "Branch office" means each additional location of an
8273 agency where business is actively conducted which advertises as
8274 performing or is engaged in the business authorized by the
8275 license.

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8276 (11) "Sponsor" means any Class "C," Class "MA," or Class
8277 "M" licensee who supervises and maintains under his or her
8278 direction and control a Class "CC" intern; or any Class "E" or
8279 Class "MR" licensee who supervises and maintains under his or
8280 her direction and control a Class "EE" intern.
8281 (12) "Intern" means an individual who studies as a trainee
8282 or apprentice under the direction and control of a designated
8283 sponsoring licensee.
8284 (13) "Manager" means any licensee who directs the
8285 activities of licensees at any agency or branch office. The
8286 manager shall be assigned to and shall primarily operate from
8287 the agency or branch office location for which he or she has
8288 been designated as manager. The manager of a private
8289 investigative agency may, however, manage up to three offices
8290 within a 150-mile radius of the location listed on the agency's
8291 Class "A" license, provided that these three offices consist of
8292 either:
8293 (a) The location listed on the agency's Class "A" license
8294 and up to two branch offices; or
8295 (b) Up to three branch offices.
8296 Section 240. Subsection (7) of section 493.6105, Florida
8297 Statutes, is amended to read:
8298 493.6105 Initial application for license.—
8299 (7) In addition to the application requirements for
8300 individuals, partners, or officers outlined under subsection

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8301 (3), the application for an agency license must contain the
8302 following information:
8303 (a) The proposed name under which the agency intends to
8304 operate.
8305 (b) The street address, mailing address, and telephone
8306 numbers of the principal location at which business is to be
8307 conducted in this state.
8308 (c) The street address, mailing address, and telephone
8309 numbers of all branch offices within this state.
8310 (d) The names and titles of all partners or, in the case
8311 of a corporation, the names and titles of its principal
8312 officers.
8313 Section 241. Subsection (2) of section 493.6106, Florida
8314 Statutes, is amended to read:
8315 493.6106 License requirements; posting.—
8316 (2) Each agency shall have a minimum of one physical
8317 location within this state from which the normal business of the
8318 agency is conducted, and this location shall be considered the
8319 primary office for that agency in this state.
8320 (a) If an agency or branch office desires to change the
8321 physical location of the business, as it appears on the license,
8322 the department must be notified within 10 days after the change,
8323 and, except upon renewal, the fee prescribed in s. 493.6107 must
8324 be submitted for each license requiring revision. Each license
8325 requiring revision must be returned with such notification.

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8326 (b) The Class "A," Class "B," or Class "R" license and any
8327 branch office or school license shall at all times be posted in
8328 a conspicuous place at the licensed physical location in this
8329 state where the business is conducted.
8330 (c) Each Class "A," Class "B," Class "R," branch office,
8331 or school licensee shall display, in a place that is in clear
8332 and unobstructed public view, a notice on a form prescribed by
8333 the department stating that the business operating at this
8334 location is licensed and regulated by the Department of
8335 Agriculture and Consumer Services and that any questions or
8336 complaints should be directed to the department.
8337 (d) A minimum of one properly licensed manager shall be
8338 designated for each agency and branch office location.
8339 Section 242. Subsections (4), (5), and (6) of section
8340 493.6111, Florida Statutes, are renumbered as subsections (3),
8341 (6), and (7), respectively, and subsection (2) and present
8342 subsection (3) are amended, to read:
8343 493.6111 License; contents; identification card.—
8344 (2) Licenses shall be valid for a period of 2 years,
8345 except for Class "A," Class "B," Class "AB," Class "K.," Class
8346 "R," and branch agency licenses, which shall be valid for a
8347 period of 3 years.
8348 (3) The department shall, upon complete application and
8349 payment of the appropriate fees, issue a separate license to
8350 each branch office for which application is made.

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8351 Section 243. Subsection (1) of section 493.6113, Florida
8352 Statutes, is amended to read:
8353 493.6113 Renewal application for licensure.—
8354 (1) A license granted under the provisions of this chapter
8355 shall be renewed biennially by the department, except for Class
8356 "A," Class "B," Class "AB," Class "K.," Class "R," and branch
8357 agency licenses, which shall be renewed every 3 years.
8358 Section 244. Paragraphs (r) and (x) of subsection (1) of
8359 section 493.6118, Florida Statutes, are amended to read:
8360 493.6118 Grounds for disciplinary action.—
8361 (1) The following constitute grounds for which
8362 disciplinary action specified in subsection (2) may be taken by
8363 the department against any licensee, agency, or applicant
8364 regulated by this chapter, or any unlicensed person engaged in
8365 activities regulated under this chapter:
8366 (r) Failure or refusal by a sponsor to certify a biannual
8367 written report on an intern or to certify completion or
8368 termination of an internship to the department within 15 working
8369 days.
8370 (x) In addition to the grounds for disciplinary action
8371 prescribed in paragraphs (a)-(t) and, Class "R" recovery
8372 agencies , Class "E" recovery agents, and Class "EE" recovery
8373 agent interns are prohibited from committing the following acts:
8374 1. Recovering a motor vehicle, mobile home, motorboat,
8375 aircraft, personal watercraft, all-terrain vehicle, farm

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8376 equipment, or industrial equipment that has been sold under a
8377 conditional sales agreement or under the terms of a chattel
8378 mortgage before authorization has been received from the legal
8379 owner or mortgagee.
8380 2. Charging for expenses not actually incurred in
8381 connection with the recovery, transportation, storage, or
8382 disposal of repossessed property or personal property obtained
8383 in a repossession.
8384 3. Using any repossessed property or personal property
8385 obtained in a repossession for the personal benefit of a
8386 licensee or an officer, director, partner, manager, or employee
8387 of a licensee.
8388 4. Selling property recovered under the provisions of this
8389 chapter, except with written authorization from the legal owner
8390 or the mortgagee thereof.
8391 5. Failing to notify the police or sheriff's department of
8392 the jurisdiction in which the repossessed property is recovered
8393 within 2 hours after recovery.
8394 6. Failing to remit moneys collected in lieu of recovery
8395 of a motor vehicle, mobile home, motorboat, aircraft, personal
8396 watercraft, all-terrain vehicle, farm equipment, or industrial
8397 equipment to the client within 10 working days.
8398 7. Failing to deliver to the client a negotiable
8399 instrument that is payable to the client, within 10 working days
8400 after receipt of such instrument.

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8401 8. Falsifying, altering, or failing to maintain any
8402 required inventory or records regarding disposal of personal
8403 property contained in or on repossessed property pursuant to s.
8404 493.6404(1).
8405 9. Carrying any weapon or firearm when he or she is on
8406 private property and performing duties under his or her license
8407 whether or not he or she is licensed pursuant to s. 790.06.
8408 10. Soliciting from the legal owner the recovery of
8409 property subject to repossession after such property has been
8410 seen or located on public or private property if the amount
8411 charged or requested for such recovery is more than the amount
8412 normally charged for such a recovery.
8413 11. Wearing, presenting, or displaying a badge in the
8414 course of performing a repossession regulated by this chapter.
8415 Section 245. Subsection (6) of section 493.6120, Florida
8416 Statutes, is amended to read:
8417 493.6120 Violations; penalty.—
8418 (6) A person who was an owner, officer, partner, or
8419 manager of a licensed agency or a Class "DS" or "RS" school or
8420 training facility at the time of any activity that is the basis
8421 for revocation of the agency or branch office license or the
8422 school or training facility license and who knew or should have
8423 known of the activity shall have his or her personal licenses or
8424 approval suspended for 3 years and may not have any financial
8425 interest in or be employed in any capacity by a licensed agency

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8426 or a school or training facility during the period of
8427 suspension.
8428 Section 246. Subsection (2) of section 493.6123, Florida
8429 Statutes, is amended to read:
8430 493.6123 Publication to industry.—
8431 (2) The department shall develop and make available to
8432 each Class "C," Class "D," and Class "E" licensee and all
8433 interns a pamphlet detailing in plain language the legal
8434 authority, rights, and obligations of his or her class of
8435 licensure. Within the pamphlet, the department should endeavor
8436 to present situations that the licensee may be expected to
8437 commonly encounter in the course of doing business pursuant to
8438 his or her specific license, and provide to the licensee
8439 information on his or her legal options, authority, limits to
8440 authority, and obligations. The department shall supplement this
8441 with citations to statutes and legal decisions, as well as a
8442 selected bibliography that would direct the licensee to
8443 materials the study of which would enhance his or her
8444 professionalism. The department shall provide a single copy of
8445 the appropriate pamphlet without charge to each individual to
8446 whom a license is issued, but may charge for additional copies
8447 to recover its publication costs. The pamphlet shall be updated
8448 every 2 years as necessary to reflect rule or statutory changes,
8449 or court decisions. Intervening changes to the regulatory
8450 situation shall be noticed in the industry newsletter issued

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8451 pursuant to subsection (1).
8452 Section 247. Section 493.6201, Florida Statutes, is
8453 amended to read:
8454 493.6201 Classes of licenses.—
8455 (1) Any person, firm, company, partnership, or corporation
8456 which engages in business as a private investigative agency
8457 shall have a Class "A" license. A Class "A" license is valid for
8458 only one location.
8459 (2) Each branch office of a Class "A" agency shall have a
8460 Class "AA" license. Where a person, firm, company, partnership,
8461 or corporation holds both a Class "A" and Class "B" license,
8462 each additional or branch office shall have a Class "AB"
8463 license.
8464 (3) Any individual who performs the services of a manager
8465 for a:
8466 (a) Class "A" private investigative agency or Class "AA"
8467 branch office shall have a Class "MA" license. A Class "C" or
8468 Class "M" licensee may be designated as the manager, in which
8469 case the Class "MA" license is not required.
8470 (b) Class "A" and "B" agency or a Class "AB" branch office
8471 shall have a Class "M" license.
8472 (4) Class "C" or Class "CC" licensees shall own or be an
8473 employee of a Class "A" agency, a Class "A" and Class "B"
8474 agency, or a branch office. This does not include those who are
8475 exempt under s. 493.6102, but who possess a Class "C" license

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8476 solely for the purpose of holding a Class "G" license.
8477 (1)(5) Any individual who performs the services of a
8478 private investigator shall have a Class "C" license.
8479 (6) Any individual who performs private investigative work
8480 as an intern under the direction and control of a designated,
8481 sponsoring Class "C" licensee or a designated, sponsoring Class
8482 "MA" or Class "M" licensee must have a Class "CC" license.
8483 (2)(7) Only Class "M," Class "MA," Class "C," or Class
8484 "CC" licensees are permitted to bear a firearm, and any such
8485 licensee who bears a firearm shall also have a Class "G"
8486 license.
8487 (3)(8) A Class "C" or Class "CC" licensee may perform
8488 bodyguard services without obtaining a Class "D" license.
8489 Section 248. Section 493.6202, Florida Statutes, is
8490 amended to read:
8491 493.6202 Fees.—
8492 (1) The department shall establish by rule examination and
8493 license fees for Class "C" license—private investigators, not to
8494 exceed $75. the following:
8495 (a) Class "A" license—private investigative agency: $450.
8496 (b) Class "AA" or "AB" license—branch office: $125.
8497 (c) Class "MA" license—private investigative agency
8498 manager: $75.
8499 (d) Class "C" license—private investigator: $75.
8500 (e) Class "CC" license—private investigator intern: $60.

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8501 (2) The department may establish by rule a fee for the
8502 replacement or revision of a license, which fee shall not exceed
8503 $30.
8504 (3) The fees set forth in this section must be paid by
8505 check or money order or, at the discretion of the department, by
8506 electronic funds transfer at the time the application is
8507 approved, except that the applicant for a Class "G," or Class
8508 "C," Class "CC," Class "M," or Class "MA" license must pay the
8509 license fee at the time the application is made. If a license is
8510 revoked or denied or if the application is withdrawn, the
8511 license fee is nonrefundable.
8512 (4) The initial license fee for a veteran, as defined in
8513 s. 1.01, shall be waived if he or she applies for a Class "C,"
8514 Class "CC," or Class "MA" license within 24 months after being
8515 discharged from any branch of the United States Armed Forces. An
8516 eligible veteran must include a copy of his or her DD Form 214,
8517 as issued by the United States Department of Defense, or another
8518 acceptable form of identification as specified by the Department
8519 of Veterans' Affairs with his or her application in order to
8520 obtain a waiver.
8521 Section 249. Section 493.6203, Florida Statutes, is
8522 amended to read:
8523 493.6203 License requirements.—In addition to the license
8524 requirements set forth elsewhere in this chapter, each
8525 individual or agency shall comply with the following additional

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8526 requirements:
8527 (1) Each agency or branch office shall designate a minimum
8528 of one appropriately licensed individual to act as manager,
8529 directing the activities of the Class "C" or Class "CC"
8530 employees.
8531 (2) An applicant for a Class "MA" license must have 2
8532 years of lawfully gained, verifiable, full-time experience, or
8533 training in:
8534 (a) Private investigative work or related fields of work
8535 that provided equivalent experience or training;
8536 (b) Work as a Class "CC" licensed intern;
8537 (c) Any combination of paragraphs (a) and (b);
8538 (d) Experience described in paragraph (a) for 1 year and
8539 experience described in paragraph (e) for 1 year;
8540 (e) No more than 1 year using:
8541 1. College coursework related to criminal justice,
8542 criminology, or law enforcement administration; or
8543 2. Successfully completed law enforcement-related training
8544 received from any federal, state, county, or municipal agency;
8545 or
8546 (f) Experience described in paragraph (a) for 1 year and
8547 work in a managerial or supervisory capacity for 1 year.
8548
8549 However, experience in performing bodyguard services is not
8550 creditable toward the requirements of this subsection.

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8551 (3) An applicant for a Class "M" license shall qualify for
8552 licensure as a Class "MA" manager as outlined under subsection
8553 (2) and as a Class "MB" manager as outlined under s.
8554 493.6303(2).
8555 (1)(4) An applicant for a Class "C" license shall have 2
8556 years of lawfully gained, verifiable, full-time experience, or
8557 training in one, or a combination of more than one, of the
8558 following:
8559 (a) Private investigative work or related fields of work
8560 that provided equivalent experience or training.
8561 (b) College coursework related to criminal justice,
8562 criminology, or law enforcement administration, or successful
8563 completion of any law enforcement-related training received from
8564 any federal, state, county, or municipal agency, except that no
8565 more than 1 year may be used from this category.
8566 (c) Work as a Class "CC" licensed intern.
8567
8568 However, experience in performing bodyguard services is not
8569 creditable toward the requirements of this subsection.
8570 (2)(5) An applicant for a Class "MA," Class "M," or Class
8571 "C" license must pass an examination that covers the provisions
8572 of this chapter and is administered by the department or by a
8573 provider approved by the department. The applicant must pass the
8574 examination before applying for licensure and must submit proof
8575 with the license application on a form approved by rule of the

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8576 department that he or she has passed the examination. The
8577 administrator of the examination shall verify the identity of
8578 each applicant taking the examination.
8579 (a) The examination requirement in this subsection does
8580 not apply to an individual who holds a valid Class "CC," Class
8581 "C," Class "MA," or Class "M" license.
8582 (b) Notwithstanding the exemption provided in paragraph
8583 (a), if the license of an applicant for relicensure has been
8584 invalid for more than 1 year, the applicant must take and pass
8585 the examination.
8586 (c) The department shall establish by rule the content of
8587 the examination, the manner and procedure of its administration,
8588 and an examination fee that may not exceed $100.
8589 (6)(a) A Class "CC" licensee must serve an internship
8590 under the direction and control of a designated sponsor, who is
8591 a Class "C," Class "MA," or Class "M" licensee.
8592 (b) Before submission of an application to the department,
8593 the applicant for a Class "CC" license must have completed a
8594 minimum of 40 hours of professional training pertaining to
8595 general investigative techniques and this chapter, which course
8596 is offered by a state university or by a school, community
8597 college, college, or university under the purview of the
8598 Department of Education, and the applicant must pass an
8599 examination. The certificate evidencing satisfactory completion
8600 of the 40 hours of professional training must be submitted with

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8601 the application for a Class "CC" license. The training specified
8602 in this paragraph may be provided by face-to-face presentation,
8603 online technology, or a home study course in accordance with
8604 rules and procedures of the Department of Education. The
8605 administrator of the examination must verify the identity of
8606 each applicant taking the examination.
8607 1. Upon an applicant's successful completion of each part
8608 of the approved training and passage of any required
8609 examination, the school, community college, college, or
8610 university shall issue a certificate of completion to the
8611 applicant. The certificates must be on a form established by
8612 rule of the department.
8613 2. The department shall establish by rule the general
8614 content of the professional training and the examination
8615 criteria.
8616 3. If the license of an applicant for relicensure is
8617 invalid for more than 1 year, the applicant must complete the
8618 required training and pass any required examination.
8619 (c) An individual licensed on or before August 31, 2008,
8620 is not required to complete additional training hours in order
8621 to renew an active license beyond the total required hours, and
8622 the timeframe for completion in effect at the time he or she was
8623 licensed applies.
8624 (3)(7) In addition to any other requirement, an applicant
8625 for a Class "G" license shall satisfy the firearms training set

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8626 forth in s. 493.6115.
8627 Section 250. Subsections (1) through (6) of section
8628 493.6301, Florida Statutes, are amended to read:
8629 493.6301 Classes of licenses.—
8630 (1) Any person, firm, company, partnership, or corporation
8631 which engages in business as a security agency shall have a
8632 Class "B" license. A Class "B" license is valid for only one
8633 location.
8634 (2) Each branch office of a Class "B" agency shall have a
8635 Class "BB" license. Where a person, firm, company, partnership,
8636 or corporation holds both a Class "A" and Class "B" license,
8637 each branch office shall have a Class "AB" license.
8638 (3) Any individual who performs the services of a manager
8639 for a:
8640 (a) Class "B" security agency or Class "BB" branch office
8641 shall have a Class "MB" license. A Class "M" licensee, or a
8642 Class "D" licensee who has been so licensed for a minimum of 2
8643 years, may be designated as the manager, in which case the Class
8644 "MB" license is not required.
8645 (b) Class "A" and Class "B" agency or a Class "AB" branch
8646 office shall have a Class "M" license.
8647 (4) A Class "D" licensee shall own or be an employee of a
8648 Class "B" security agency or branch office. This does not
8649 include those individuals who are exempt under s. 493.6102(4)
8650 but who possess a Class "D" license solely for the purpose of

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8651 holding a Class "G" license.
8652 (1)(5) Any individual who performs the services of a
8653 security officer shall have a Class "D" license. However, a
8654 Class "C" licensee or a Class "CC" licensee may perform
8655 bodyguard services without a Class "D" license.
8656 (2)(6) Only Class "M," Class "MB," or Class "D" licensees
8657 are permitted to bear a firearm, and any such licensee who bears
8658 a firearm shall also have a Class "G" license.
8659 Section 251. Section 493.6302, Florida Statutes, is
8660 amended to read:
8661 493.6302 Fees.—
8662 (1) The department shall establish by rule license fees,
8663 not to exceed the following:
8664 (a) Class "B" license—security agency: $450.
8665 (b) Class "BB" or Class "AB" license—branch office: $125.
8666 (c) Class "MB" license—security agency manager: $75.
8667 (a)(d) Class "D" license—security officer: $45.
8668 (b)(e) Class "DS" license—security officer school or
8669 training facility: $60.
8670 (c)(f) Class "DI" license—security officer school or
8671 training facility instructor: $60.
8672 (2) The department may establish by rule a fee for the
8673 replacement or revision of a license, which fee shall not exceed
8674 $30.
8675 (3) The fees set forth in this section must be paid by

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8676 check or money order or, at the discretion of the department, by
8677 electronic funds transfer at the time the application is
8678 approved, except that the applicant for a Class "D," or Class
8679 "G," Class "M," or Class "MB" license must pay the license fee
8680 at the time the application is made. If a license is revoked or
8681 denied or if the application is withdrawn, the license fee is
8682 nonrefundable.
8683 (4) The initial license fee for a veteran, as defined in
8684 s. 1.01, shall be waived if he or she applies for a Class "D,"
8685 or Class "DI," or Class "MB" license within 24 months after
8686 being discharged from any branch of the United States Armed
8687 Forces. An eligible veteran must include a copy of his or her DD
8688 Form 214, as issued by the United States Department of Defense,
8689 or another acceptable form of identification as specified by the
8690 Department of Veterans' Affairs with his or her application in
8691 order to obtain a waiver.
8692 Section 252. Subsections (1), (2), and (3) of section
8693 493.6303, Florida Statutes, are amended to read:
8694 493.6303 License requirements.—In addition to the license
8695 requirements set forth elsewhere in this chapter, each
8696 individual or agency must comply with the following additional
8697 requirements:
8698 (1) Each agency or branch office shall designate a minimum
8699 of one appropriately licensed individual to act as manager,
8700 directing the activities of the Class "D" employees.

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8701 (2) An applicant for a Class "MB" license shall have 2
8702 years of lawfully gained, verifiable, full-time experience, or
8703 training in:
8704 (a) Security work or related fields of work that provided
8705 equivalent experience or training;
8706 (b) Experience described in paragraph (a) for 1 year and
8707 experience described in paragraph (c) for 1 year;
8708 (c) No more than 1 year using:
8709 1. Either college coursework related to criminal justice,
8710 criminology, or law enforcement administration; or
8711 2. Successfully completed law enforcement-related training
8712 received from any federal, state, county, or municipal agency;
8713 or
8714 (d) Experience described in paragraph (a) for 1 year and
8715 work in a managerial or supervisory capacity for 1 year.
8716 (3) An applicant for a Class "M" license shall qualify for
8717 licensure as a Class "MA" manager as outlined under s.
8718 493.6203(2) and as a Class "MB" manager as outlined under
8719 subsection (2).
8720 Section 253. Subsection (1) of section 493.6304, Florida
8721 Statutes, is amended to read:
8722 493.6304 Security officer school or training facility.—
8723 (1) Any school, training facility, or instructor who
8724 offers the training specified in s. 493.6303(1) s. 493.6303(4)
8725 for Class "D" applicants shall, before licensure of such school,

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8726 training facility, or instructor, file with the department an
8727 application accompanied by an application fee in an amount to be
8728 determined by rule, not to exceed $60. The fee is not
8729 refundable.
8730 Section 254. Subsection (2) of section 493.631, Florida
8731 Statutes, is amended to read:
8732 493.631 Temporary detention by a licensed security officer
8733 or licensed security agency manager at critical infrastructure
8734 facilities.—
8735 (2) As used in this section, the terms "security officer"
8736 and "security agency manager" mean a security officer or
8737 security agency manager who possess a valid Class "D" or Class
8738 "MB" license pursuant to s. 493.6301 and a valid Class "G"
8739 license pursuant to s. 493.6115.
8740 Section 255. Subsections (1), (2), (3), (5), and (6) of
8741 section 493.6401, Florida Statutes, are amended to read:
8742 493.6401 Classes of licenses.—
8743 (1) Any person, firm, company, partnership, or corporation
8744 which engages in business as a recovery agency shall have a
8745 Class "R" license. A Class "R" license is valid for only one
8746 location.
8747 (2) Each branch office of a Class "R" agency shall have a
8748 Class "RR" license.
8749 (3) Any individual who performs the services of a manager
8750 for a Class "R" recovery agency or a Class "RR" branch office

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8751 must have a Class "MR" license. A Class "E" licensee may be
8752 designated as the manager, in which case the Class "MR" license
8753 is not required.
8754 (5) Any individual who performs repossession as an intern
8755 under the direction and control of a designated, sponsoring
8756 Class "E" licensee or a designated, sponsoring Class "MR"
8757 licensee shall have a Class "EE" license.
8758 (6) Class "E" or Class "EE" licensees shall own or be an
8759 employee of a Class "R" agency or branch office.
8760 Section 256. Section 493.6402, Florida Statutes, is
8761 amended to read:
8762 493.6402 Fees.—
8763 (1) The department shall establish by rule license fees
8764 not to exceed the following:
8765 (a) Class "R" license—recovery agency: $450.
8766 (b) Class "RR" license—branch office: $125.
8767 (c) Class "MR" license—recovery agency manager: $75.
8768 (a)(d) Class "E" license—recovery agent: $75.
8769 (e) Class "EE" license—recovery agent intern: $60.
8770 (b)(f) Class "RS" license—recovery agent school or
8771 training facility: $60.
8772 (c)(g) Class "RI" license—recovery agent school or
8773 training facility instructor: $60.
8774 (2) The department may establish by rule a fee for the
8775 replacement or revision of a license, which fee shall not exceed

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8776 $30.
8777 (3) The fees set forth in this section must be paid by
8778 check or money order, or, at the discretion of the department,
8779 by electronic funds transfer at the time the application is
8780 approved, except that the applicant for a Class "E," Class "EE,"
8781 or Class "MR" license must pay the license fee at the time the
8782 application is made. If a license is revoked or denied, or if an
8783 application is withdrawn, the license fee is nonrefundable.
8784 (4) The initial license fee for a veteran, as defined in
8785 s. 1.01, shall be waived if he or she applies for a Class "E,"
8786 Class "EE," Class "MR," or Class "RI" license within 24 months
8787 after being discharged from any branch of the United States
8788 Armed Forces. An eligible veteran must include a copy of his or
8789 her DD Form 214, as issued by the United States Department of
8790 Defense, or another acceptable form of identification as
8791 specified by the Department of Veterans' Affairs with his or her
8792 application in order to obtain a waiver.
8793 Section 257. Section 493.6403, Florida Statutes, is
8794 amended to read:
8795 493.6403 License requirements.—
8796 (1) In addition to the license requirements set forth in
8797 this chapter, each individual or agency shall comply with the
8798 following additional requirements:
8799 (a) Each agency or branch office must designate a minimum
8800 of one appropriately licensed individual to act as manager,

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8801 directing the activities of the Class "E" or Class "EE"
8802 employees. A Class "E" licensee may be designated to act as
8803 manager of a Class "R" agency or branch office in which case the
8804 Class "MR" license is not required.
8805 (b) An applicant for Class "MR" license shall have at
8806 least 1 year of lawfully gained, verifiable, full-time
8807 experience as a Class "E" licensee performing repossessions of
8808 motor vehicles, mobile homes, motorboats, aircraft, personal
8809 watercraft, all-terrain vehicles, farm equipment, or industrial
8810 equipment.
8811 (c) an applicant for a Class "E" license shall have at
8812 least 1 year of lawfully gained, verifiable, full-time
8813 experience in one, or a combination of more than one, of the
8814 following:
8815 1. repossession of motor vehicles as defined in s.
8816 320.01(1), mobile homes as defined in s. 320.01(2), motorboats
8817 as defined in s. 327.02, aircraft as defined in s. 330.27(1),
8818 personal watercraft as defined in s. 327.02, all-terrain
8819 vehicles as defined in s. 316.2074, farm equipment as defined
8820 under s. 686.402, or industrial equipment as defined in s.
8821 493.6101(19) s. 493.6101(22).
8822 2. Work as a Class "EE" licensed intern.
8823 (2) An applicant for a Class "E" or a Class "EE" license
8824 must submit proof of successful completion of 40 hours of
8825 professional training at a school or training facility licensed

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8826 by the department. The department shall by rule establish the
8827 general content for the training.
8828 Section 258. Subsection (1) of section 493.6406, Florida
8829 Statutes, is amended to read:
8830 493.6406 Recovery agent school or training facility.—
8831 (1) Any school, training facility, or instructor who
8832 offers the training outlined in s. 493.6403(2) for Class "E" or
8833 Class "EE" applicants shall, before licensure of such school,
8834 training facility, or instructor, file with the department an
8835 application accompanied by an application fee in an amount to be
8836 determined by rule, not to exceed $60. The fee shall not be
8837 refundable. This training may be offered as face-to-face
8838 training, Internet-based training, or correspondence training.
8839 Section 259. Subsection (3) of section 514.0315, Florida
8840 Statutes, is amended to read:
8841 514.0315 Required safety features for public swimming
8842 pools and spas.—
8843 (3) The determination and selection of a feature under
8844 subsection (2) for a public swimming pool or spa constructed
8845 before January 1, 1993, is at the sole discretion of the owner
8846 or operator of the public swimming pool or spa. A licensed
8847 contractor described in s. 489.105(2)(j), (k), or (l) s.
8848 489.105(3)(j), (k), or (l) must install the feature.
8849 Section 260. Section 514.075, Florida Statutes, is amended
8850 to read:

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8851 514.075 Public pool service technician; certification.—The
8852 department may require that a public pool, as defined in s.
8853 514.011, be serviced by a person certified as a pool service
8854 technician. To be certified, an individual must demonstrate
8855 knowledge of public pools which includes, but is not limited to:
8856 pool cleaning; general pool maintenance; source of the water
8857 supply; bacteriological, chemical, and physical quality of
8858 water; and water purification, testing, treatment, and
8859 disinfection procedures. The department may, by rule, establish
8860 the requirement for the certification course and course
8861 approval. The department shall deem certified any individual who
8862 is certified by a course of national recognition or any person
8863 licensed under s. 489.105(2)(j), (k), or (l) s. 489.105(3)(j),
8864 (k), or (l). This requirement does not apply to a person, or the
8865 direct employee of a person, permitted as a public pool operator
8866 under s. 514.031.
8867 Section 261. Paragraph (d) of subsection (1) of section
8868 553.791, Florida Statutes, is amended to read:
8869 553.791 Alternative plans review and inspection.—
8870 (1) As used in this section, the term:
8871 (d) "Building code inspection services" means those
8872 services described in s. 468.603(4) and (7) s. 468.603(5) and
8873 (8) involving the review of building plans as well as those
8874 services involving the review of site plans and site work
8875 engineering plans or their functional equivalent, to determine

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8876 compliance with applicable codes and those inspections required
8877 by law, conducted either in person or virtually, of each phase
8878 of construction for which permitting by a local enforcement
8879 agency is required to determine compliance with applicable
8880 codes.
8881 Section 262. Section 553.998, Florida Statutes, is amended
8882 to read:
8883 553.998 Compliance.—All ratings must be determined using
8884 tools and procedures developed by the systems recognized under
8885 this part and must be certified by the rater as accurate and
8886 correct and in compliance with procedures of the system under
8887 which the rater is certified. The local enforcement agency shall
8888 accept duct and air infiltration tests conducted in accordance
8889 with the Florida Building Code, 5th Edition (2014) Energy
8890 Conservation, by individuals as defined in s. 553.993(5) or (7)
8891 or individuals licensed as set forth in s. 489.105(2)(f), (g),
8892 or (i) s. 489.105(3)(f), (g), or (i). The local enforcement
8893 agency may accept inspections in whole or in part by individuals
8894 as defined in s. 553.993(5) or (7).
8895 Section 263. Subsection (2) of section 569.34, Florida
8896 Statutes, is amended to read:
8897 569.34 Operating without a retail nicotine products dealer
8898 permit; penalty.—
8899 (2) A retail tobacco products dealer, as defined in s.
8900 569.002 s. 569.002(4), is not required to have a separate or

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8901 additional retail nicotine products dealer permit to deal, at
8902 retail, in nicotine products within this the state, or allow a
8903 nicotine products vending machine to be located on its premises
8904 in this the state. Any retail tobacco products dealer that
8905 deals, at retail, in nicotine products or allows a nicotine
8906 products vending machine to be located on its premises in this
8907 the state, is subject to, and must be in compliance with, this
8908 part.
8909 Section 264. Paragraph (a) of subsection (2) of section
8910 627.192, Florida Statutes, is amended to read:
8911 627.192 Workers' compensation insurance; employee leasing
8912 arrangements.—
8913 (2) For purposes of the Florida Insurance Code:
8914 (a) "Employee leasing" shall have the same meaning as
8915 provided in s. 468.520(3) set forth in s. 468.520(4).
8916 Section 265. Subsection (6) of section 633.216, Florida
8917 Statutes, is amended to read:
8918 633.216 Inspection of buildings and equipment; orders;
8919 firesafety inspection training requirements; certification;
8920 disciplinary action.—The State Fire Marshal and her or his
8921 agents or persons authorized to enforce laws and rules of the
8922 State Fire Marshal shall, at any reasonable hour, when the State
8923 Fire Marshal has reasonable cause to believe that a violation of
8924 this chapter or s. 509.215, or a rule adopted thereunder, or a
8925 minimum firesafety code adopted by the State Fire Marshal or a

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8926 local authority, may exist, inspect any and all buildings and
8927 structures which are subject to the requirements of this chapter
8928 or s. 509.215 and rules adopted thereunder. The authority to
8929 inspect shall extend to all equipment, vehicles, and chemicals
8930 which are located on or within the premises of any such building
8931 or structure.
8932 (6) The division and the Florida Building Code
8933 Administrators and Inspectors Board, established pursuant to s.
8934 468.605, shall enter into a reciprocity agreement to facilitate
8935 joint recognition of continuing education recertification hours
8936 for certificateholders licensed under s. 468.609 and firesafety
8937 inspectors certified under subsection (2).
8938 Section 266. Subsection (8) of section 713.01, Florida
8939 Statutes, is amended to read:
8940 713.01 Definitions.—As used in this part, the term:
8941 (8) "Contractor" means a person other than a materialman
8942 or laborer who enters into a contract with the owner of real
8943 property for improving it or who takes over from a contractor as
8944 so defined the entire remaining work under such contract. The
8945 term "contractor" includes an architect, landscape architect, or
8946 engineer who improves real property pursuant to a design-build
8947 contract authorized by s. 489.103(16). The term also includes a
8948 licensed general contractor or building contractor, as those
8949 terms are defined in s. 489.105(2)(a) and (b) s. 489.105(3)(a)
8950 and (b), respectively, who provides construction management

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8951 services, which include scheduling and coordinating
8952 preconstruction and construction phases for the construction
8953 project, or who provides program management services, which
8954 include schedule control, cost control, and coordinating the
8955 provision or procurement of planning, design, and construction
8956 for the construction project.
8957 Section 267. Subsection (4) of section 1006.12, Florida
8958 Statutes, is amended to read:
8959 1006.12 Safe-school officers at each public school.—For
8960 the protection and safety of school personnel, property,
8961 students, and visitors, each district school board and school
8962 district superintendent shall partner with law enforcement
8963 agencies or security agencies to establish or assign one or more
8964 safe-school officers at each school facility within the
8965 district, including charter schools. A district school board
8966 must collaborate with charter school governing boards to
8967 facilitate charter school access to all safe-school officer
8968 options available under this section. The school district may
8969 implement any combination of the options in subsections (1)-(4)
8970 to best meet the needs of the school district and charter
8971 schools.
8972 (4) SCHOOL SECURITY GUARD.—A school district or charter
8973 school governing board may contract with a security agency as
8974 defined in s. 493.6101(15) s. 493.6101(18) to employ as a school
8975 security guard an individual who holds a Class "D" and Class "G"

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8976 license pursuant to chapter 493, provided the following training
8977 and contractual conditions are met:
8978 (a) An individual who serves as a school security guard,
8979 for purposes of satisfying the requirements of this section,
8980 must:
8981 1. Demonstrate completion of 144 hours of required
8982 training pursuant to s. 30.15(1)(k)2.
8983 2. Pass a psychological evaluation administered by a
8984 psychologist licensed under chapter 490 and designated by the
8985 Department of Law Enforcement and submit the results of the
8986 evaluation to the sheriff's office, school district, or charter
8987 school governing board, as applicable. The Department of Law
8988 Enforcement is authorized to provide the sheriff's office,
8989 school district, or charter school governing board with mental
8990 health and substance abuse data for compliance with this
8991 paragraph.
8992 3. Submit to and pass an initial drug test and subsequent
8993 random drug tests in accordance with the requirements of s.
8994 112.0455 and the sheriff's office, school district, or charter
8995 school governing board, as applicable.
8996 4. Successfully complete ongoing training, weapon
8997 inspection, and firearm qualification on at least an annual
8998 basis and provide documentation to the sheriff's office, school
8999 district, or charter school governing board, as applicable.
9000 (b) The contract between a security agency and a school

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9001 district or a charter school governing board regarding
9002 requirements applicable to school security guards serving in the
9003 capacity of a safe-school officer for purposes of satisfying the
9004 requirements of this section shall define the entity or entities
9005 responsible for training and the responsibilities for
9006 maintaining records relating to training, inspection, and
9007 firearm qualification.
9008 (c) School security guards serving in the capacity of a
9009 safe-school officer pursuant to this subsection are in support
9010 of school-sanctioned activities for purposes of s. 790.115, and
9011 must aid in the prevention or abatement of active assailant
9012 incidents on school premises.
9013
9014 If a district school board, through its adopted policies,
9015 procedures, or actions, denies a charter school access to any
9016 safe-school officer options pursuant to this section, the school
9017 district must assign a school resource officer or school safety
9018 officer to the charter school. Under such circumstances, the
9019 charter school's share of the costs of the school resource
9020 officer or school safety officer may not exceed the safe school
9021 allocation funds provided to the charter school pursuant to s.
9022 1011.62(12) and shall be retained by the school district.
9023 Section 268. Subsections (5) and (6) of section 259.1053,
9024 Florida Statutes, are renumbered as subsections (4) and (5),
9025 respectively, and subsection (4) of that section is amended, to

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9026 read:
9027 259.1053 Babcock Ranch Preserve; Babcock Ranch Advisory
9028 Group.—
9029 (4) BABCOCK RANCH ADVISORY GROUP.—
9030 (a) The purpose of the Babcock Ranch Advisory Group is to
9031 assist the department by providing guidance and advice
9032 concerning the management and stewardship of the Babcock Ranch
9033 Preserve.
9034 (b) The Babcock Ranch Advisory Group shall be comprised of
9035 nine members appointed to 5-year terms. Based on recommendations
9036 from the Governor and Cabinet, the commission, and the governing
9037 boards of Charlotte County and Lee County, the commissioner
9038 shall appoint members as follows:
9039 1. One member with experience in sustainable management of
9040 forest lands for commodity purposes.
9041 2. One member with experience in financial management,
9042 budget and program analysis, and small business operations.
9043 3. One member with experience in management of game and
9044 nongame wildlife and fish populations, including hunting,
9045 fishing, and other recreational activities.
9046 4. One member with experience in domesticated livestock
9047 management, production, and marketing, including range
9048 management and livestock business management.
9049 5. One member with experience in agriculture operations or
9050 forestry management.

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9051 6. One member with experience in hunting, fishing, nongame
9052 species management, or wildlife habitat management, restoration,
9053 and conservation.
9054 7. One member with experience in public outreach and
9055 education.
9056 8. One member who is a resident of Lee County, to be
9057 designated by the Board of County Commissioners of Lee County.
9058 9. One member who is a resident of Charlotte County, to be
9059 designated by the Board of County Commissioners of Charlotte
9060 County.
9061
9062 Vacancies will be filled in the same manner in which the
9063 original appointment was made. A member appointed to fill a
9064 vacancy shall serve for the remainder of that term.
9065 (c) Members of the Babcock Ranch Advisory Group shall:
9066 1. Elect a chair and vice chair from among the group
9067 members.
9068 2. Meet regularly as determined by the chair.
9069 3. Serve without compensation but shall receive
9070 reimbursement for travel and per diem expenses as provided in s.
9071 112.061.
9072 Section 269. Subsection (2) of section 399.035, Florida
9073 Statutes, is amended to read:
9074 399.035 Elevator accessibility requirements for the
9075 physically handicapped.—

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9076 (2) Any building that is more than three stories high or
9077 in which the vertical distance between the bottom terminal
9078 landing and the top terminal landing exceeds 25 feet must be
9079 constructed to contain at least one passenger elevator that is
9080 operational and will accommodate an ambulance stretcher size
9081 specified in the edition of the Florida Building Code that was
9082 in effect at the time of receipt of an application for
9083 construction permit for the elevator 76 inches long and 24
9084 inches wide in the horizontal position.
9085 Section 270. Subsection (1) of section 373.219, Florida
9086 Statutes, is amended to read:
9087 373.219 Permits required.—
9088 (1) The governing board or the department may require such
9089 permits for consumptive use of water and may impose such
9090 reasonable conditions as are necessary to assure that such use
9091 is consistent with the overall objectives of the district or
9092 department and is not harmful to the water resources of the
9093 area. However, a no permit is not shall be required for:
9094 (a) Domestic consumption of water by individual users.
9095 (b) Landscape irrigation water use by a property owner of
9096 a residential single-family home.
9097 Section 271. Paragraph (a) of subsection (3) of section
9098 455.02, Florida Statutes, is amended, and subsections (1) and
9099 (2) of that section are republished, to read:
9100 455.02 Licensure of members of the Armed Forces in good

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9101 standing and their spouses or surviving spouses with
9102 administrative boards or programs.—
9103 (1) Any member of the United States Armed Forces now or
9104 hereafter on active duty who, at the time of becoming such a
9105 member, was in good standing with any of the boards or programs
9106 listed in s. 20.165 and was entitled to practice or engage in
9107 his or her profession or occupation in the state shall be kept
9108 in good standing by the applicable board or program, without
9109 registering, paying dues or fees, or performing any other act on
9110 his or her part to be performed, as long as he or she is a
9111 member of the United States Armed Forces on active duty and for
9112 a period of 2 years after discharge from active duty. A member,
9113 during active duty and for a period of 2 years after discharge
9114 from active duty, engaged in his or her licensed profession or
9115 occupation in the private sector for profit in this state must
9116 complete all license renewal provisions except remitting the
9117 license renewal fee, which shall be waived by the department.
9118 (2) A spouse of a member of the United States Armed Forces
9119 who is married to a member during a period of active duty, or a
9120 surviving spouse of a member who at the time of death was
9121 serving on active duty, who is in good standing with any of the
9122 boards or programs listed in s. 20.165 shall be kept in good
9123 standing by the applicable board or program as described in
9124 subsection (1) and shall be exempt from licensure renewal
9125 provisions, but only in cases of his or her absence from the

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9126 state because of his or her spouse's duties with the United
9127 States Armed Forces. The department or the appropriate board or
9128 program shall waive any license renewal fee for such spouse when
9129 he or she is present in this state because of such member's
9130 active duty and for a surviving spouse of a member who at the
9131 time of death was serving on active duty and died within the 2
9132 years preceding the date of renewal.
9133 (3)(a) The department shall issue a professional license
9134 to an applicant who is or was an active duty member of the Armed
9135 Forces of the United States, or who is a spouse or surviving
9136 spouse of such member, upon application to the department in a
9137 format prescribed by the department. An application must include
9138 proof that:
9139 1. The applicant is or was an active duty member of the
9140 Armed Forces of the United States or is married to a member of
9141 the Armed Forces of the United States and was married to the
9142 member during any period of active duty or was married to such a
9143 member who at the time of the member's death was serving on
9144 active duty. An applicant who was an active duty member of the
9145 Armed Forces of the United States must have received an
9146 honorable discharge upon separation or discharge from the Armed
9147 Forces of the United States.
9148 2. The applicant holds a valid license for the profession
9149 issued by another state, the District of Columbia, any
9150 possession or territory of the United States, or any foreign

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9151 jurisdiction.
9152 3. The applicant, where required by the specific practice
9153 act, has complied with insurance or bonding requirements.
9154 4.a. A complete set of the applicant's fingerprints is
9155 submitted to the Department of Law Enforcement for a statewide
9156 criminal history check for those professions that require
9157 fingerprints for initial licensure.
9158 b. The Department of Law Enforcement shall forward the
9159 fingerprints submitted pursuant to sub-subparagraph a. to the
9160 Federal Bureau of Investigation for a national criminal history
9161 check. The department shall, and the board may, review the
9162 results of the criminal history checks according to the level 2
9163 screening standards in s. 435.04 and determine whether the
9164 applicant meets the licensure requirements. The costs of
9165 fingerprint processing shall be borne by the applicant. If the
9166 applicant's fingerprints are submitted through an authorized
9167 agency or vendor, the agency or vendor must shall collect the
9168 required processing fees and remit the fees to the Department of
9169 Law Enforcement.
9170 Section 272. Paragraph (a) of subsection (3) of section
9171 455.213, Florida Statutes, is amended to read:
9172 455.213 General licensing provisions.—
9173 (3)(a) Notwithstanding any other law, the department
9174 applicable board shall use the process in this subsection for
9175 review of an applicant's criminal record to determine his or her

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9176 eligibility for licensure as:
9177 1. A barber under chapter 476;
9178 2. A cosmetologist or cosmetology specialist under chapter
9179 477;
9180 2.3. Any of the following construction professions under
9181 chapter 489:
9182 a. Air-conditioning contractor;
9183 b. Electrical contractor;
9184 c. Mechanical contractor;
9185 d. Plumbing contractor;
9186 e. Pollutant storage systems contractor;
9187 f. Roofing contractor;
9188 g. Sheet metal contractor;
9189 h. Solar contractor;
9190 i. Swimming pool and spa contractor;
9191 j. Underground utility and excavation contractor; or
9192 k. Other specialty contractors; or
9193 3.4. Any other profession for which the department issues
9194 a license, provided the profession is offered to inmates in any
9195 correctional institution or correctional facility as vocational
9196 training or through an industry certification program.
9197 Section 273. Subsection (1) of section 468.386, Florida
9198 Statutes, is amended to read:
9199 468.386 Fees; local licensing requirements.—
9200 (1)(a) The department board by rule may establish

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9201 application, examination, licensure, renewal, and other
9202 reasonable and necessary fees, based upon the department's
9203 estimate of the costs to the board in administering this act.
9204 (b) Effective July 1, 2026, all fees established by the
9205 department in administering this act shall be reduced by 50
9206 percent.
9207 Section 274. Subsection (1), paragraph (c) of subsection
9208 (2), subsections (4) and (5), paragraphs (b) and (e) of
9209 subsection (6), paragraphs (a) and (c) of subsection (7), and
9210 subsections (8) and (10) of section 468.609, Florida Statutes,
9211 are amended to read:
9212 468.609 Administration of this part; standards for
9213 certification; additional categories of certification.—
9214 (1) Except as provided in this part, any person who
9215 desires to be certified shall apply to the department board, in
9216 writing upon forms approved and furnished by the department
9217 board, to take the certification examination.
9218 (2) A person may take the examination for certification as
9219 a building code inspector or plans examiner pursuant to this
9220 part if the person:
9221 (c) Meets eligibility requirements according to one of the
9222 following criteria:
9223 1. Demonstrates 4 years' combined experience in the field
9224 of construction or a related field, building code inspection, or
9225 plans review corresponding to the certification category sought;

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9226 2. Demonstrates a combination of postsecondary education
9227 in the field of construction or a related field and experience
9228 which totals 3 years, with at least 1 year of such total being
9229 experience in construction, building code inspection, or plans
9230 review;
9231 3. Demonstrates a combination of technical education in
9232 the field of construction or a related field and experience
9233 which totals 3 years, with at least 1 year of such total being
9234 experience in construction, building code inspection, or plans
9235 review;
9236 4. Currently holds a standard certificate issued by the
9237 department board or a firesafety inspector license issued under
9238 chapter 633, with a minimum of 3 years' verifiable full-time
9239 experience in firesafety inspection or firesafety plan review,
9240 and has satisfactorily completed a building code inspector or
9241 plans examiner training program that provides at least 100 hours
9242 but not more than 200 hours of cross-training in the
9243 certification category sought. The department board shall
9244 establish by rule criteria for the development and
9245 implementation of the training programs. The department board
9246 must accept all classroom training offered by an approved
9247 provider if the content substantially meets the intent of the
9248 classroom component of the training program;
9249 5. Demonstrates a combination of the completion of an
9250 approved training program in the field of building code

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9251 inspection or plan review and a minimum of 2 years' experience
9252 in the field of building code inspection, plan review, fire code
9253 inspections and fire plans review of new buildings as a
9254 firesafety inspector certified under s. 633.216, or
9255 construction. The approved training portion of this requirement
9256 must include proof of satisfactory completion of a training
9257 program that provides at least 200 hours but not more than 300
9258 hours of cross-training that is approved by the department board
9259 in the chosen category of building code inspection or plan
9260 review in the certification category sought with at least 20
9261 hours but not more than 30 hours of instruction in state laws,
9262 rules, and ethics relating to professional standards of
9263 practice, duties, and responsibilities of a certificateholder.
9264 The department board shall coordinate with the Building
9265 Officials Association of Florida, Inc., to establish by rule the
9266 development and implementation of the training program. However,
9267 the department board must accept all classroom training offered
9268 by an approved provider if the content substantially meets the
9269 intent of the classroom component of the training program;
9270 6. Currently holds a standard certificate issued by the
9271 department board or a firesafety inspector license issued under
9272 chapter 633 and:
9273 a. Has at least 4 years' verifiable full-time experience
9274 as an inspector or plans examiner in a standard certification
9275 category currently held or has a minimum of 4 years' verifiable

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9276 full-time experience as a firesafety inspector licensed under
9277 chapter 633.
9278 b. Has satisfactorily completed a building code inspector
9279 or plans examiner classroom training course or program that
9280 provides at least 200 but not more than 300 hours in the
9281 certification category sought, except for residential training
9282 programs, which must provide at least 500 but not more than 800
9283 hours of training as prescribed by the department board. The
9284 department board shall establish by rule criteria for the
9285 development and implementation of classroom training courses and
9286 programs in each certification category; or
9287 7.a. Has completed a 4-year internship certification
9288 program as a building code inspector or plans examiner,
9289 including an internship program for residential inspectors,
9290 while also employed full time by a municipality, county, or
9291 other governmental jurisdiction, under the direct supervision of
9292 a certified building official. A person may also complete the
9293 internship certification program, including an internship
9294 program for residential inspectors, while employed full time by
9295 a private provider or a private provider's firm that performs
9296 the services of a building code inspector or plans examiner,
9297 while under the direct supervision of a certified building
9298 official. Proof of graduation with a related vocational degree
9299 or college degree or of verifiable work experience may be
9300 exchanged for the internship experience requirement year-for-

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9301 year, but may reduce the requirement to no less than 1 year.
9302 Proof of verifiable work experience as an inspector or plans
9303 examiner of any other type may be exchanged for the internship
9304 experience requirement year-for-year, but may reduce the
9305 requirement to no less than 1 year.
9306 b. Has passed an examination administered by the
9307 International Code Council in the certification category sought.
9308 Such examination must be passed before beginning the internship
9309 certification program.
9310 c. Has passed the principles and practice examination
9311 before completing the internship certification program.
9312 d. Has passed a department-approved board-approved 40-hour
9313 code training course in the certification category sought before
9314 completing the internship certification program.
9315 e. Has obtained a favorable recommendation from the
9316 supervising building official after completion of the internship
9317 certification program.
9318 (4) No person may engage in the duties of a building code
9319 administrator, plans examiner, or building code inspector
9320 pursuant to this part after October 1, 1993, unless such person
9321 possesses one of the following types of certificates, currently
9322 valid, issued by the department board attesting to the person's
9323 qualifications to hold such position:
9324 (a) A standard certificate.
9325 (b) A limited certificate.

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9326 (c) A provisional certificate.
9327 (5)(a) To obtain a standard certificate, an individual
9328 must pass an examination approved by the department board which
9329 demonstrates that the applicant has fundamental knowledge of the
9330 state laws and codes relating to the construction of buildings
9331 for which the applicant has building code administration, plans
9332 examination, or building code inspection responsibilities. It is
9333 the intent of the Legislature that the examination approved for
9334 certification pursuant to this part be substantially equivalent
9335 to the examinations administered by the International Code
9336 Council.
9337 (b) A standard certificate shall be issued to each
9338 applicant who successfully completes the examination, which
9339 certificate authorizes the individual named thereon to practice
9340 throughout the state as a building code administrator, plans
9341 examiner, or building code inspector within such class and level
9342 as is specified by the department board.
9343 (c) The department board may accept proof that the
9344 applicant has passed an examination which is substantially
9345 equivalent to the department-approved board-approved examination
9346 set forth in this section.
9347 (6)
9348 (b) By October 1, 1993, individuals who were employed on
9349 July 1, 1993, as building code administrators, plans examiners,
9350 or building code inspectors, who are not eligible for a standard

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9351 certificate, but who wish to continue in such employment, shall
9352 submit to the department board the appropriate application and
9353 certification fees and shall receive a limited certificate
9354 qualifying them to engage in building code administration, plans
9355 examination, or building code inspection in the class, at the
9356 performance level, and within the governmental jurisdiction in
9357 which such person is employed.
9358 (e) By March 1, 2003, or 1 year after the Florida Building
9359 Code is implemented, whichever is later, individuals who were
9360 employed by an educational board, the Department of Education,
9361 or the State University System as building code administrators,
9362 plans examiners, or inspectors, who do not wish to apply for a
9363 standard certificate but who wish to continue in such
9364 employment, shall submit to the department board the appropriate
9365 application and certification fees and shall receive a limited
9366 certificate qualifying such individuals to engage in building
9367 code administration, plans examination, or inspection in the
9368 class, at the performance level, and within the governmental
9369 jurisdiction in which such person is employed.
9370 (7)(a) The department board shall provide for the issuance
9371 of provisional certificates valid for 2 years, as specified by
9372 department board rule, to any building code inspector or plans
9373 examiner who meets the eligibility requirements described in
9374 subsection (2) and any newly employed or promoted building code
9375 administrator who meets the eligibility requirements described

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9376 in subsection (3). The provisional license may be renewed by the
9377 department board for just cause; however, a provisional license
9378 is not valid for longer than 3 years.
9379 (c) The department board shall provide for appropriate
9380 levels of provisional certificates and may issue these
9381 certificates with such special conditions or requirements as the
9382 department board deems necessary to protect the public safety
9383 and health. The department board may not place a special
9384 condition or requirement on a provisional certificate with
9385 respect to the requirement of employment by a municipality,
9386 county, or other local governmental agency.
9387 (8) Any individual applying to the department board may be
9388 issued a certificate valid for multiple building code inspection
9389 classes, as deemed appropriate by the department board.
9390 (10)(a) The department board may by rule create categories
9391 of certification in addition to those defined in s. 468.603(4)
9392 and (7) s. 468.603(5) and (8). Such certification categories may
9393 shall not be mandatory and may shall not act to diminish the
9394 scope of any certificate created by statute.
9395 (b) The department board shall by rule establish:
9396 1. Reciprocity of certification with any other state that
9397 requires an examination administered by the International Code
9398 Council.
9399 2. That an applicant for certification as a building code
9400 inspector or plans examiner may apply for a provisional

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9401 certificate valid for the duration of the internship period.
9402 3. That partial completion of an internship program is
9403 transferable among jurisdictions, private providers, and firms
9404 of private providers on a form prescribed by the department
9405 board.
9406 4. That an applicant may apply for a standard certificate
9407 on a form prescribed by the department board upon successful
9408 completion of an internship certification program.
9409 5. That an applicant may apply for a standard certificate
9410 at least 30 days but no more than 60 days before completing the
9411 internship certification program.
9412 6. That a building code inspector or plans examiner who
9413 has standard certification may seek an additional certification
9414 in another category by completing an additional nonconcurrent 1-
9415 year internship program in the certification category sought and
9416 passing an examination administered by the International Code
9417 Council and a department-approved board-approved 40-hour code
9418 training course.
9419 Section 275. Section 471.015, Florida Statutes, is amended
9420 to read:
9421 471.015 Licensure.—
9422 (1) The department management corporation shall issue a
9423 license to any applicant who the department board certifies is
9424 qualified to practice engineering and who has passed the
9425 fundamentals examination and the principles and practice

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9426 examination.
9427 (2)(a) The department board shall certify for licensure
9428 any applicant who has submitted proof satisfactory to the
9429 department board that he or she is at least 18 years of age and
9430 who:
9431 1. Satisfies the requirements of s. 471.013(1)(a)1. and
9432 has a record of at least 4 years of active engineering
9433 experience of a character indicating competence to be in
9434 responsible charge of engineering; or
9435 2. Satisfies the requirements of s. 471.013(1)(a)2. and
9436 has a record of at least 6 years of active engineering
9437 experience of a character indicating competence to be in
9438 responsible charge of engineering.
9439 (b) The department board may refuse to certify any
9440 applicant who has violated s. 471.031.
9441 (3) The department board shall certify as qualified for a
9442 license by endorsement an applicant who:
9443 (a) Qualifies to take the fundamentals examination and the
9444 principles and practice examination as set forth in s. 471.013,
9445 has passed a United States national, regional, state, or
9446 territorial licensing examination that is substantially
9447 equivalent to the fundamentals examination and principles and
9448 practice examination required by s. 471.013, and has satisfied
9449 the experience requirements set forth in paragraph (2)(a) and s.
9450 471.013; or

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9451 (b) Holds a valid license to practice engineering issued
9452 by another state or territory of the United States, or a foreign
9453 jurisdiction if the criteria for issuance of the license were
9454 substantially the same as the licensure criteria that existed in
9455 this state at the time the license was issued; or
9456 (c) Holds a valid license to practice engineering issued
9457 by a foreign jurisdiction approved by the board and holds an
9458 active Council Record with the National Council of Examiners for
9459 Engineering and Surveying.
9460 (4) The department may management corporation shall not
9461 issue a license by endorsement to any applicant who is under
9462 investigation in another state for any act that would constitute
9463 a violation of this chapter or of chapter 455 until such time as
9464 the investigation is complete and disciplinary proceedings have
9465 been terminated.
9466 (5)(a) The department board shall deem that an applicant
9467 who seeks licensure by endorsement has passed an examination
9468 substantially equivalent to the fundamentals examination when
9469 such applicant has held a valid professional engineer's license
9470 in another state for 10 years.
9471 (b) The department board shall deem that an applicant who
9472 seeks licensure by endorsement has passed an examination
9473 substantially equivalent to the fundamentals examination and the
9474 principles and practices examination when such applicant has
9475 held a valid professional engineer's license in another state

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9476 for 15 years.
9477 (6) The department board may require a personal appearance
9478 by any applicant for licensure under this chapter. Any applicant
9479 of whom a personal appearance is required must be given adequate
9480 notice of the time and place of the appearance and provided with
9481 a statement of the purpose of and reasons requiring the
9482 appearance. If an applicant is required to appear, the time
9483 period within which a licensure application must be granted or
9484 denied is tolled until such time as the applicant appears.
9485 However, if the applicant fails to appear before the department
9486 board at either of the next two regularly scheduled department
9487 board meetings, the application for licensure may be denied.
9488 (7) The department board shall, by rule, establish
9489 qualifications for certification of licensees as special
9490 inspectors of threshold buildings, as defined in ss. 553.71 and
9491 553.79, and shall compile a list of persons who are certified. A
9492 special inspector is not required to meet standards for
9493 certification other than those established by the department
9494 board, and the fee owner of a threshold building may not be
9495 prohibited from selecting any person certified by the department
9496 board to be a special inspector. The department board shall
9497 develop minimum qualifications for the qualified representative
9498 of the special inspector who is authorized to perform
9499 inspections of threshold buildings on behalf of the special
9500 inspector under s. 553.79.

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9501 Section 276. Effective January 1, 2026, section 473.308,
9502 Florida Statutes, is amended to read:
9503 473.308 Licensure.—
9504 (1) A person desiring to be licensed as a Florida
9505 certified public accountant in this state shall apply to the
9506 department for licensure, and the department shall license any
9507 applicant who the department board certifies is qualified to
9508 practice public accounting.
9509 (2) The department board shall certify for licensure any
9510 applicant who successfully passes the licensure examination and
9511 satisfies the requirements of subsections (4), (5), and (6), and
9512 shall certify for licensure any firm that satisfies the
9513 requirements of ss. 473.309 and 473.3101. The department board
9514 may refuse to certify any applicant or firm that has violated
9515 any of the provisions of s. 473.322.
9516 (3) A person desiring to be licensed as a Florida
9517 certified public accountant or a firm desiring to engage in the
9518 practice of public accounting must create and maintain an online
9519 account with the department and provide an e-mail address to
9520 function as the primary means of contact for all communication
9521 from the department. Certified public accountants and firms are
9522 responsible for maintaining accurate contact information on file
9523 with the department and must submit any change in an e-mail
9524 address or street address within 30 days after the change. All
9525 changes must be submitted through the department's online

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9526 system.
9527 (4)(a) An applicant for licensure must:
9528 1. Complete have at least 150 semester hours of college
9529 education, including a baccalaureate or higher degree conferred
9530 by an accredited college or university, with a concentration in
9531 accounting and business as prescribed by the department; in the
9532 total educational program to the extent specified by the board.
9533 2. Hold a master's degree in accounting or finance
9534 conferred by an accredited college or university with a
9535 concentration in accounting and business as prescribed by the
9536 department;
9537 3. Hold a baccalaureate degree in accounting or finance
9538 conferred by an accredited college or university with a
9539 concentration in accounting and business as prescribed by the
9540 department; or
9541 4. Hold a baccalaureate degree in any major course of
9542 study conferred by an accredited college or university and have
9543 completed coursework required for a concentration in accounting
9544 and business as prescribed by the department.
9545 (b) The department shall prescribe the coursework required
9546 for a concentration in accounting and business. The department
9547 may deem that an applicant has satisfied requirements for such
9548 coursework if the applicant receives a baccalaureate or higher
9549 degree in accounting or finance conferred by an accredited
9550 college or university in a state or territory of the United

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9551 States. An applicant receiving a baccalaureate or higher degree
9552 with a major course of study other than accounting or finance
9553 must complete the coursework required for a concentration in
9554 accounting and business as prescribed by the department.
9555 (5)(a) An applicant for licensure who completes the
9556 education requirements under subparagraph (4)(a)1. or
9557 subparagraph (4)(a)2. after December 31, 2008, must show that he
9558 or she has had 1 year of work experience. An applicant who
9559 completes the education requirements under subparagraph (4)(a)3.
9560 or subparagraph (4)(a)4. must show 2 years of work experience.
9561 (b) The work experience under paragraph (a) This
9562 experience shall include providing any type of service or advice
9563 involving the use of accounting, attest, compilation, management
9564 advisory, financial advisory, tax, or consulting skills, all of
9565 which must be verified by a certified public accountant who is
9566 licensed by a state or territory of the United States. This
9567 experience is acceptable if it was gained through employment in
9568 government, industry, academia, or public practice; constituted
9569 a substantial part of the applicant's duties; and was verified
9570 by a certified public accountant licensed by a state or
9571 territory of the United States.
9572 (c) The department board shall adopt rules specifying
9573 standards and providing for the review and approval of the work
9574 experience required by this subsection section.
9575 (d)(b) However, an applicant who completed the

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9576 requirements of subsection (4) on or before December 31, 2008,
9577 and who passes the licensure examination on or before June 30,
9578 2010, is exempt from the requirements of this subsection.
9579 (6)(a) An applicant for licensure must shall show that she
9580 or he the applicant has good moral character. For purposes of
9581 this paragraph, the term
9582 (7)(a) "good moral character" means a personal history of
9583 honesty, fairness, and respect for the rights of others and for
9584 the laws of this state and nation.
9585 (b) The department board may refuse to certify an
9586 applicant for failure to satisfy this requirement if:
9587 1. The department board finds a reasonable relationship
9588 between the lack of good moral character of the applicant and
9589 the professional responsibilities of a certified public
9590 accountant; and
9591 2. The finding by the department board of lack of good
9592 moral character is supported by competent substantial evidence.
9593 (c) When an applicant is found to be unqualified for a
9594 license because of a lack of good moral character, the
9595 department board shall furnish to the applicant a statement
9596 containing the findings of the department board, a complete
9597 record of the evidence upon which the determination was based,
9598 and a notice of the rights of the applicant to a rehearing and
9599 appeal.
9600 (7)(8) The department board shall certify as qualified for

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9601 a license by endorsement an applicant who:
9602 (a) Is not licensed and has not been licensed in any state
9603 or territory and who has met the requirements of this section
9604 for education, work experience, and good moral character and has
9605 passed a national, regional, state, or territorial licensing
9606 examination that is substantially equivalent to the examination
9607 required by s. 473.306; or
9608 (b)1. holds an active a valid license as a certified
9609 public accountant to practice public accounting issued by
9610 another state or a territory of the United States, if the
9611 applicant has maintained good moral character and, at the time
9612 of licensure by such other state or territory, the applicant was
9613 required to show evidence of having obtained at least a
9614 baccalaureate degree from an accredited college or university
9615 and having passed the Uniform CPA Examination criteria for
9616 issuance of such license were substantially equivalent to the
9617 licensure criteria that existed in this state at the time the
9618 license was issued;
9619 2. Holds a valid license to practice public accounting
9620 issued by another state or territory of the United States but
9621 the criteria for issuance of such license did not meet the
9622 requirements of subparagraph 1.; has met the requirements of
9623 this section for education, work experience, and good moral
9624 character; and has passed a national, regional, state, or
9625 territorial licensing examination that is substantially

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