Industries & Professional Activities Subcommittee: Committee Meeting Notice, December 2, 2025

Summary

Meeting packet for the House of Representatives Industries & Professional Activities Subcommittee, Tuesday, December 2, 2025. The notice lists consideration of HB 37 Removal, Storage, and Cleanup of Electric Vehicles by Nix, HB 405 Commercial Construction Projects by Griffitts, and HB 7001 OGSR/Florida Gaming Control Commission. The bill analysis for HB 37 states that the bill requires counties, and authorizes municipalities, to establish a daily administration fee for the proper storage of electric vehicles involved in an accident, up to three times the daily vehicle storage rate. The packet closes with the text of HB 7001, which states that the act shall take effect upon becoming a law.

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“Industries & Professional Activities Subcommittee: Committee Meeting Notice, December 2, 2025.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-12-02-3288-industries-professional-activities-subcommittee-meetin-ec62d41e47/, SHA-256 013bc166b4f00a6fc2c4c6db2436d92efb541a4e4ecde0104982f7d3e38ea6be.

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Industries & Professional Activities
Subcommittee

Tuesday, December 2, 2025
3:30 PM – 6:00 PM
Webster Hall (212 Knott)

Daniel Perez Mike Giallombardo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Industries & Professional Activities Subcommittee

Start Date and Time: Tuesday, December 02, 2025 03:30 PM

End Date and Time: Tuesday, December 02, 2025 06:00 PM

Location: Webster Hall (212 Knott)
Duration: 2.50 hrs

Consideration of the following bill(s):

HB 37 Removal, Storage, and Cleanup of Electric Vehicles by Nix
HB 405 Commercial Construction Projects by Griffitts
HB 7001 OGSR/Florida Gaming Control Commission by Government Operations Subcommittee, Nix

NOTICE FINALIZED on 11/24/2025 1:19PM by Marks.Amie

11/24/2025 01:19:34PM Leagis ® Page 1 of 1
HB 37
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 37 COMPANION BILL: SB 260 (Burgess)
TITLE: Removal, Storage, and Cleanup of Electric LINKED BILLS: None
Vehicles RELATED BILLS: None
SPONSOR(S): Nix
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
12 Y, 3 N  Activities 

SUMMARY
Effect of the Bill:
The bill requires counties, and authorizes municipalities, to establish a daily administration fee for the proper
storage of electric vehicles that have been involved in an accident. This fee may be up to three times the daily
vehicle storage rate adopted by the county or municipality for the removal and storage of wrecked or disabled
vehicles or vessels generally. The bill defines “proper storage” of a damaged electric vehicle as separating the
vehicle from combustibles and structures by 50 feet on all sides or by having a barrier of earth, steel, concrete, or
solid masonry. A wrecker service, towing-storage operator, or wrecker operator may only charge the fee if the
damaged electric vehicle is properly stored. The bill clarifies that the storage provisions for electric vehicles do not
require a motor vehicle insurer to pay any costs beyond what is covered under the contract between the insurer
and the insured.

Fiscal or Economic Impact:
Indeterminate. The bill may increase revenues for towing-storage or wrecker operators.

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ANALYSIS
EFFECT OF THE BILL:
The bill requires counties to establish a daily administration fee for the proper storage of electric vehicles that have
been involved in an accident. This fee may be up to three times the daily vehicle storage rate adopted by the
county for the removal and storage of wrecked or disabled vehicles or vessels generally. A wrecker service,
towing-storage, or wrecker operator may charge this fee for administrative costs for providing proper storage of a
damaged electric vehicle, provided that the service or operator properly stores the vehicle. The bill specifies that
proper storage of a damaged electric vehicle requires the vehicle to be separated from combustibles and structures
by 50 feet on all sides or to have a barrier of earth, steel, concrete, or solid masonry surrounding the vehicle.
(Section 1)

The bill authorizes municipalities to establish a daily administration fee subject to the same requirements. If a
municipality adopts a daily administration fee, the county’s daily administration fee does not apply within the
municipality. (Section 2)

The bill provides that a wrecker service or towing-storage or wrecker operator may charge the daily
administration fee authorized by the bill. (Section 4)

The bill clarifies that the storage provisions for electric vehicles do not require a motor vehicle insurer to pay any
costs beyond what is covered under the contract between the insurer and the insured. (Section 3)

STORAGE NAME: h0037b.IPA
DATE: 11/24/2025
1
HB 37

The effective date of the bill is July 1, 2026. (Section 5)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
The bill may increase storage costs to owners of electric vehicles to the extent those vehicles are subject to an
involuntary tow. The bill may increase revenues for towing-storage or wrecker operators who follow the EV
storage requirements.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Wrecker Operators
A wrecker operator is any person or firm regularly engaged for hire in the business of towing or removing
vehicles, 1 while a towing-storage operator refers to a person who engages in the business of transporting vehicles
or vessels by wrecker, tow truck, or car carrier or who engages in storing towed vehicles or vessels. 2

Current law allows counties and municipalities to establish wrecker operator systems similar to that of the Florida
Highway Patrol as authorized in s. 321.051(2), F.S. 3 Under this system, a county or municipality may contract with
one or more wrecker operators for towing or removal of wrecked, disabled, or abandoned vehicles from accident
scenes, streets, or highways.

County and Municipal Vehicle Storage Rates
Counties must establish maximum rates charged for towing and storage of vehicles or vessels when the owner or
operator is incapacitated, unavailable, leaves the procurement of wrecker services to law enforcement, or
otherwise does not consent to removal of the vehicle or vessel. 4 Municipalities may also choose to establish
maximum rates for vehicle or vessel towing. In these municipalities, the maximum towing rates established by the
county do not apply. 5 In areas where no maximum rates have been established, the maximum rates established by
the Division of Florida Highway Patrol apply. 6

Counties and municipalities that have established maximum storage rates must publish the rates on their websites
and must establish processes for investigating and resolving complaints regarding fees charged. 7 The daily rates
for storage adopted by local governments can vary based on several factors. For example, the daily rate for the
outdoor storage for vehicles 25 feet or less in Palm Beach County is $31.00, 8 while the daily storage rate in Leon
County for a vehicle weighing less than 10,000 pounds is $55.00. 9

Once a vehicle or vessel is towed or stored, the towing-storage operator has a lien on the vehicle or vessel for fees
related to recovery, removal, or storage. 10 These fees may include any reasonable towing fees, administrative fees,

1 S. 1.01(15), F.S.
2 S. 713.78(1)(f), F.S.
3 S. 323.002(1)(c), F.S.
4 S. 125.0103(1)(c), F.S.
5 S. 166.043(1)(c), F.S.
6 S. 125.0103(d), F.S.
7 S. 125.0103(1)(d), F.S. and s. 166.043(1)(d), F.S.
8 Palm Beach County, Maximum Non-Consent Towing & Immobilization Rates (last visited Nov. 6, 2025).
9 Leon County Resolution No. 25-17
10 S. 713.78(2)(b), F.S.

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2
HB 37
or storage fees. 11 However, a storage fee may not be charged if the vehicle is stored for less than six hours. 12 In
addition to the amount due for the towing and storage of the vehicle, a towing company may charge an
administrative fee of up to $250 for releasing the claim of lien. 13

Damaged Electric Vehicles
Florida law defines an electric vehicle as a motor vehicle that is powered by an electric motor that draws current
from rechargeable storage batteries, fuel cells, or other sources of electrical current. 14

The National Highway Traffic Safety Administration (NHTSA) issued guidance in 2014 for the handling of electric
and hybrid-electric vehicles equipped with high-voltage batteries in certain situations. 15 The guidance provides
that in the event of damage, fire, or flooding involving an electric vehicle or hybrid-electric vehicle one should
always assume the high-voltage (HV) battery and associated components are energized and fully charged.
Individuals should also be aware that:
• Exposed electrical components, wires, and HV batteries present potential HV shock hazards;
• Venting and off-gassing HV battery vapors are potentially toxic and flammable; and
• Physical damage to the vehicle or high-voltage battery may result in immediate or delayed release of toxic
or flammable gases and fire.

The NHTSA guidance recommends to not store a severely damaged vehicle with a lithium-ion battery inside a
structure or within 50 feet of any structure, vehicle, or combustibles, and to ensure that the vehicle compartments
remain well ventilated. 16 SAE, a professional society that makes technical recommendations for the transportation
industry, recommends two barrier methods for an electric vehicle during storage: separation of the vehicle from
combustibles and structures by 50 feet on all sides or the creation of a barrier of earth, steel, concrete, or solid
masonry around the vehicle. 17

A 2020 National Transportation Safety Board report on safety risks from lithium-ion battery fires in electric vehicles
included findings and recommendations related to the handling of damaged electric vehicles. 18 Key findings that may
impact vehicle storage included:
• Thermal runaway and multiple battery reignitions after initial fire suppression are safety risks in HV
lithium-ion battery fires.
• The energy remaining in a damaged HV lithium-ion battery, known as stranded energy, poses a risk of
electric shock and creates the potential for thermal runaway that can result in battery reignition and fire.
• HV lithium-ion batteries in electric vehicles, when damaged by crash forces or internal battery failure,
present special challenges to first and second responders because of insufficient information from
manufacturers on procedures for mitigating the risks of stranded energy.
• Storing an electric vehicle with a damaged HV lithium-ion battery inside the recommended 50-foot-radius
clear area may be infeasible at tow or storage yards. 19

The Florida State Fire Marshall has adopted a fire safety rule for the storage of electric vehicles with damaged or
burned batteries. 20 The rule states that electric vehicles with damaged or burned batteries should not be stored or
parked within 50 feet of an occupied commercial structure until the battery can be safely discharged. The rule does

11 S. 713.78(2), F.S.
12 S. 713.78(2)(b), F.S.
13 S. 713.78(15)(a), F.S.
14 S. 320.01(36), F.S.
15 U.S. Dept. of Transportation, National Highway Traffic Safety Administration, Interim Guidance for Electric and Hybrid-

Electric Vehicles Equipped With High-Voltage Batteries, p. 2 (last visited Nov. 20, 2025).
16 Id at 3.
17 National Transportation Safety Board, Safety Risks to Emergency Responders from Lithium-Ion Battery Fires in Electric

Vehicles, pp. 36, 40 (last visited Nov. 20, 2025).
18 Id.
19 Id. at 63.
20 Ch. 69A-73.005, F.A.C.

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3
HB 37
not apply to electric vehicles stored for under 30 days for insurance claim adjudication, to a licensed motor vehicle
auction that sells junk or salvage motor vehicles, or for the disassembly or repair of a damaged electric vehicle.

Motor Vehicle Insurers
Chapter 324, F.S., sets forth the financial responsibility laws for owners or operators of motor vehicles in Florida.
Generally, a motor vehicle owner or operator is required to insure against losses from liability for bodily injury,
death, and property damage by either:
• Purchasing auto insurance from an insurance carrier authorized by the Office of Insurance Regulation to do
business in Florida; 21 or
• Obtaining a certificate of self-insurance from the Department of Highway Safety and Motor Vehicles after
demonstrating the ability to cover potential losses arising out of the ownership, maintenance, or use of a
motor vehicle. 22

In addition to the mandatory types of coverage, drivers may acquire additional types of coverage, such as collision,
comprehensive, roadside assistance, and liability. Insurance may cover towing and storage fees after an accident,
depending on the type and level of coverage and circumstances of the accident. 23 Additionally, insurance
companies must provide notice before termination of payment for previously authorized storage charges and must
provide 72 hours to remove the vehicle from storage. 24

RECENT LEGISLATION:

YEAR BILL # HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/CS/HB 577 - Removal, Storage, and Nix/ Ingoglia The bill passed the House and
Cleanup of Electric Vehicles died in the Senate.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 12 Y, 3 N 11/18/2025 Darden Hilliard
Subcommittee
Industries & Professional Activities Anstead Bunnell
Subcommittee
State Affairs Committee

21 S. 324.021(8), F.S.
22 Ss. 324.161 and 324.171, F.S.
23 Experian, Does Car Insurance Cover Towing After an Accident? (last visited Nov. 20, 2025).
24 S. 626.9743(8), F.S.

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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 37 2026

1 A bill to be entitled
2 An act relating to the removal, storage, and cleanup
3 of electric vehicles; amending s. 125.0103, F.S.;
4 requiring counties to establish a daily administration
5 fee for the proper storage of certain electric
6 vehicles; providing a maximum amount for such fees;
7 providing applicability; defining the terms "daily
8 administration fee" and "proper storage"; amending s.
9 166.043, F.S.; authorizing municipalities to establish
10 a daily administration fee for the proper storage of
11 certain electric vehicles; providing a maximum amount
12 for such fees; providing applicability; defining the
13 terms "daily administration fee" and "proper storage";
14 creating s. 324.0222, F.S.; providing that motor
15 vehicle insurers are not required to pay certain
16 costs; amending s. 713.78, F.S.; providing that a
17 reasonable fee for service includes any daily
18 administration fee; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Paragraph (d) of subsection (1) of section
23 125.0103, Florida Statutes, is redesignated as paragraph (e),
24 and a new paragraph (d) is added to that subsection to read:
25 125.0103 Ordinances and rules imposing price controls.—

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hb37-00
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 37 2026

26 (1)
27 (d)1. Counties shall establish a daily administration fee
28 for the proper storage of electric vehicles, as defined in s.
29 320.01(36), which have been involved in an accident. The daily
30 administration fee for proper storage of an electric vehicle may
31 be up to three times the amount established under paragraph (c)
32 and shall apply in the event the electric vehicle owner or
33 operator is incapacitated, is unavailable, leaves the
34 procurement of wrecker service to the law enforcement officer at
35 the scene, or otherwise does not consent to the removal of the
36 electric vehicle. Such fee may not be charged unless the
37 electric vehicle is properly stored as defined in this
38 paragraph.
39 2. For purposes of this paragraph, the term:
40 a. "Daily administration fee" means a fee imposed by a
41 wrecker service or towing-storage or wrecker operator for
42 administrative costs for towing and storing a damaged electric
43 vehicle after the cleanup of the accident scene and debris
44 removal in order to provide proper storage of the damaged
45 electric vehicle.
46 b. "Proper storage" means the damaged electric vehicle is
47 separated from combustibles and structures by at least 50 feet
48 on all sides or is surrounded by a barrier of earth, steel,
49 concrete, or solid masonry.
50 Section 2. Paragraph (d) of subsection (1) of section

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HB 37 2026

51 166.043, Florida Statutes, is redesignated as paragraph (e), and
52 a new paragraph (d) is added to that subsection to read:
53 166.043 Ordinances and rules imposing price controls.—
54 (1)
55 (d)1. Municipalities may establish a daily administration
56 fee for the proper storage of electric vehicles, as defined in
57 s. 320.01(36), which have been involved in an accident. The
58 daily administration fee for proper storage of an electric
59 vehicle may be up to three times the amount established under
60 paragraph (c) and shall apply in the event the electric vehicle
61 owner or operator is incapacitated, is unavailable, leaves the
62 procurement of wrecker service to the law enforcement officer at
63 the scene, or otherwise does not consent to the removal of the
64 electric vehicle. Such fee may not be charged unless the
65 electric vehicle is properly stored as defined in this
66 paragraph. If a municipality enacts an ordinance establishing a
67 daily administration fee as defined in this paragraph, a
68 county's ordinance establishing a daily administration fee under
69 s. 125.0103(1)(d) does not apply within such municipality.
70 2. For purposes of this paragraph, the term:
71 a. "Daily administration fee" means a fee imposed by a
72 wrecker service or towing-storage or wrecker operator for
73 administrative costs for towing and storing a damaged electric
74 vehicle after the cleanup of the accident scene and debris

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HB 37 2026

75 removal in order to provide proper storage of the damaged
76 electric vehicle.
77 b. "Proper storage" means the damaged electric vehicle is
78 separated from combustibles and structures by at least 50 feet
79 on all sides or is surrounded by a barrier of earth, steel,
80 concrete, or solid masonry.
81 Section 3. Section 324.0222, Florida Statutes, is created
82 to read:
83 324.0222 Storage of electric vehicles; coverage.—Nothing
84 in s. 125.0103 or s. 166.043 relating to the storage of electric
85 vehicles requires a motor vehicle insurer to pay any costs
86 beyond costs covered pursuant to a contract with its insured.
87 Section 4. Paragraph (a) of subsection (2) of section
88 713.78, Florida Statutes, is amended to read:
89 713.78 Liens for recovering, towing, or storing vehicles
90 and vessels.—
91 (2)(a) A towing-storage operator may charge the owner or
92 operator of a vehicle or vessel only the following fees for, or
93 incidental to, the recovery, removal, or storage of the vehicle
94 or vessel:
95 1. Any reasonable fee for service, including any daily
96 administration fee, specifically authorized under s. 125.0103 or
97 s. 166.043 by ordinance, resolution, regulation, or rule of the
98 county or municipality in which the service is performed.
99 2. Any reasonable fee for service specifically authorized

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HB 37 2026

100 by the Division of Florida Highway Patrol of the Department of
101 Highway Safety and Motor Vehicles under s. 321.051(2).
102 3. Any reasonable fee for service as agreed upon in
103 writing between a towing-storage operator and the owner of a
104 vehicle or vessel.
105 4. Any lien release administrative fee as set forth in
106 paragraph (15)(a).
107 5. Any reasonable administrative fee or charge imposed by
108 a county or municipality pursuant to s. 125.01047, s. 166.04465,
109 or s. 323.002 upon the registered owner or other legally
110 authorized person in control of a vehicle or vessel.
111 Section 5. This act shall take effect July 1, 2026.

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hb37-00
HB 405
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 405 COMPANION BILL: SB 526 (Grall)
TITLE: Commercial Construction Projects LINKED BILLS: None
SPONSOR(S): Griffitts RELATED BILLS: None
Committee References
Industries & Professional State Administration Budget Commerce
Activities  

SUMMARY
Effect of the Bill:
The bill makes provisions in public construction contracts which waive, release, or extinguish certain rights of the
contractor void if delay is due to the acts or omissions of the awarding body, directs the Florida Building
Commission, in consultation with DBPR, to create a uniform commercial building permit application to be used
throughout the state, and directs local enforcement agencies to reduce permit fees for plans review or building
inspection services when an owner or contractor retains a private provider for those purposes.

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

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill revises Florida law governing public procurement to void and render unenforceable any provision in a
public construction contract which purports to waive, release or extinguish the rights of a contractor to recover
costs, damages, or equitable adjustments, or obtain a time extension, for delays in performance of the contract
when the delays are caused by the awarding body or its agents, employees or persons working on its behalf. These
provisions apply to all public construction contracts entered into on or after July 1, 2026. (Section 1)

However, the bill specifically does not void a provision that requires notice of a delay by the party claiming the
delay; provisions for liquidated damages for a delay caused by the contractor or its subcontractors, agents or
employees; or provisions related to arbitration or other procedures designed to settle contract disputes. (Section
1)

The bill adds a section to the Florida Building Codes Act directing the Florida Building Commission, in consultation
with the Department of Business and Professional Regulation (DBPR), to create a uniform commercial building
permit application to be used, unmodified, statewide. The application must, at a minimum, including the name and
contact information of the property owner; the name, license number, and contact information of the contractor;
the address and parcel identification number of the construction project; the project type and occupancy
classification under the Florida Building Code; a description of the construction project, including whether the
project is a new construction or an alteration, and addition, or a repair; the total square footages and declared
value of the construction project; the architect or engineer or record, if applicable; the identification of any private
provider services, if used. (Section 2)

STORAGE NAME: h0405.IPA
DATE: 11/24/2025
1
HB 405
The bill allows for a local enforcement agency to require supplemental forms for specific construction projects:
high-rise construction, health care facilities, industrial or warehouse facilities, and mixed-use occupancies. The use
of supplemental forms must be standardized and used statewide, but must not replace or alter the format, content,
or substance of the uniform commercial building permit, and may not expand the timelines for plans to be
reviewed and permits issued. A local enforcement agency may also require additional documentation or plans
reasonably necessary to demonstrate compliance with the Florida Building Code or local zoning ordinances. In
addition, local enforcement agency must allow relevant reviews to take place simultaneously. (Section 2)

The bill directs the Florida Building Commission to make the uniform commercial building permit
application available on its website and to all local enforcement agencies by July 1, 2026. (Section 2)

The bill defines “commercial construction project” as “the construction, alteration, or repair of a building or
structure that is primarily intended for business, industrial, institutional, or mercantile use and is not classified as
residential under the Florida Building Code.” (Section 3)

The bill directs local enforcement agencies to reduce permit fees for plans review or building inspection services
for a commercial construction contract when an owner or contractor retains a private provider for those purposes.
The local enforcement agency must reduce the fees for those services by at least 50 percent if part of the work is
contracted to a private provider, and at least 75 percent if the private provider is retained for all of that work. The
language bars the collection of any fees if the local enforcement agency does not reduce the fees. (Section 3)
The effective date of the bill is July 1, 2026. (Section 4)

RULEMAKING:
The bill requires the Commission, in consultation with DBPR, to create a uniform commercial building permit
application. The bill does not specify that this requirement must be accomplished through rulemaking.

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:
Requiring the Commission, in consultation with DBPR, to create a uniform commercial building permit application
may have a negative fiscal impact on the Commission and DBPR.

Reducing local government permit fees will reduce DBPR surcharges for local building permits, which fund the
activities of the Commission, DBPR’s Building Code Compliance and Mitigation Program, and the Florida Fire
Prevention Code informal interpretations.

LOCAL GOVERNMENT:
The bill reduces local government permit fees. Such fees must be used solely for carrying out the local
government’s responsibilities in enforcing the Building Code.

PRIVATE SECTOR:
The bill will reduce permit fees for contractors who use private providers.

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HB 405
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Procurement of Personal Property and Services
For purposes of procurement of goods and services for public use, current law defines the term “awarding body” as
a state agency or local government. 1 However, the statutes relating to competitive solicitation of construction
services and public works projects are located in chapter 255, F.S.

Competitive Solicitation of Construction Services
Current law specifies the procedures to be followed in the procurement of construction services for public
property and public owned buildings. 2 The Department of Management Services (DMS) is responsible for
establishing by rule procedures: 3
• For determining the qualifications and responsibility of potential bidders prior to advertising for and
receiving bids for building construction contracts.
• For awarding each state agency construction project to the lowest qualified bidder.
• To govern negotiations for construction contracts and contract modifications when such negotiations are
determined to be in the best interest of the state.
• For entering into performance-based contracts for the development of public facilities when those
contracts are determined to be in the best interest of the state.

State contracts for construction projects that are projected to cost in excess of $200,000 must be competitively
bid. 4 A county, municipality, special district, or other political subdivision seeking to construct or improve a public
building must competitively bid the project if the estimated cost is in excess of $300,000. 5

Public Works Projects
A “public works project” is an activity that is paid for with any state-appropriated funds and that consists of the
construction, maintenance, repair, renovation, remodeling, or improvement of a building, road, street, sewer,
storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution
system, gas or electrical substation, or other facility, project, or portion thereof owned in whole or in part by any
political subdivision. 6

Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum building code
that would ensure that Florida’s minimum standards were met. Local governments could choose from four
separate model codes. The state’s role was limited to adopting all or relevant parts of new editions of the four
model codes. Local governments could amend and enforce their local codes, as they desired. 7

In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane Andrew
easily destroyed those structures that were allegedly built according to the strongest code. The Governor
eventually appointed a study commission to review the system of local codes and make recommendations for
modernizing the system. The 1998 Legislature adopted the study’s commission recommendations for a single state
building code and enhanced the oversight role of the state over local code enforcement. The 2000 Legislature
authorized implementation of the Florida Building Code (Building Code), and that first edition replaced all local

1
S. 287.05701(1), F.S.
2
See ch. 255, F.S.
3
S. 255.29, F.S.
4
See s. 255.0525, F.S.; see also R. 60D-5.002 and 60D-5.0073, F.A.C.
5
S. 255.20(1), F.S. For electrical work, local governments must competitively bid projects estimated to cost over $75,000.
6
S. 255.0992(1)(b), F.S.
7 The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,

http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Jan. 28, 2024).
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HB 405
codes on March 1, 2002. 8 The current edition of the Building Code is the eighth edition, which is referred to as the
2023 Florida Building Code. 9

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 Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction. 10

The Florida Building Commission (Commission) was created to implement the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a 19-member technical
body made up of design professionals, contractors, and government experts in various disciplines covered by the
Building Code. The Commission reviews several International Codes published by the International Code Council, 11
the National Electric Code, and other nationally adopted model codes to determine if the Building Code needs to be
updated and adopts an updated Building Code every three years. 12

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. 13

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. 14
Every local government must enforce the Florida Building Code and issue building permits. 15

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 16 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. 17

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. 18

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
inspections are considered completed or closed. 19

8 Id.
9 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Jan. 28, 2024).
10 See s. 553.72(1), F.S.
11 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and

compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Jan. 28, 2024).
12 S. 553.73(7)(a), F.S.
13
553.72(1), F.S.
14
S. 553.72, F.S.
15
Ss. 125.01(1)(bb), 125.56(1), and 553.80(1), F.S.
16
S. 468.603, F.S.; S. 202 of the Eighth edition of the Florida Building Code (Building).
17
Ss. 125.56(4)(a) and 553.79(1), F.S.
18
Ss. 553.79(1), and 553.7921, F.S.
19
Section 110 of Eighth Edition of the Florida Building Code (Building).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 405

Building Code Fees
A local government may charge reasonable fees as set forth in a schedule of fees adopted by the enforcing agency
for the issuance of a building permit. 20 Such fees shall be used solely for carrying out the local government’s
responsibilities in enforcing the Building Code. 21 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. 22 Local governments must post all building permit and inspection
fee schedules on their website. 23

Local governments are only allowed to collect building permit fees that are sufficient to cover their costs in
enforcing the Building Code. When providing a schedule of reasonable fees, the total estimated annual revenue
derived from fees, and the fines and investment earnings related to the fees, may not exceed the total estimated
annual costs of allowable activities. Any unexpended balances must be carried forward to future years for
allowable activities or must be refunded at the discretion of the local government. A local government may not
carry forward an amount exceeding the average of its operating budget, not including reserve amounts, for
enforcing the Building Code for the previous 4 fiscal years. 24

DBPR Surcharges
Current law requires all local governments to assess and collect a 1% surcharge on any building permit issued by
their enforcement agency for the purpose of enforcing the Building Code. The local jurisdictions collect the
assessment and remit the surcharge fees to DBPR to fund the activities of the Commission, DBPR’s Building Code
Compliance and Mitigation Program, and the Florida Fire Prevention Code informal interpretations. 25

Current law also requires all local governments to assess and collect a separate 1.5% surcharge on any building
permit issued by their enforcement agency for the purpose of enforcing the Building Code. The local governments
collect the assessment and remit the surcharge fees to DBPR, where it is divided equally to fund the activities of the
Building Code Administrators and Inspectors Board (BCAIB) and the Florida Homeowners’ Construction Recovery
Fund. 26

Local government building departments are permitted to retain 10% of the amount of the surcharges they collect
to fund participation by their agencies in the national and state building code adoption processes and to provide
education related to enforcement of the Building Code. 27

Private Providers
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.

A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings. 28

20
S. 553.80 F.S.
21
Id.
22
S. 553.80(7)(a)1., F.S.
23
Ss.125.56 (4)(c) F.S., and 166.222(2), F.S.
24
S. 553.80(7)(a), F.S.
25 S. 553.721, F.S.
26 S. 468.631, F.S.; The Florida Homeowners’ Construction Recovery Fund is used to compensate homeowners who have suffered a covered

financial loss at the hands of state-licensed general, building and residential contractors. Claims are filed with the DBPR, who reviews for
completeness and statutory eligibility. The DBPR then presents the claim to the Construction Industry Licensing Board for review. s.
489.1401(2), F.S.
27 Ss. 468.631, and 553.721, F.S.
28
S. 553.791(1)(n), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 405
An owner or contractor must notify a local government that the owner or contract hired a private provider to
perform building code inspection services, including single-trade inspections. If an owner or contractor retains a
private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the
permit fee by the amount of cost savings realized by the local enforcement agency for not having to perform such
services. Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by
which a local enforcement agency assesses the cost for its plans review or inspection services. The local
jurisdiction may not charge fees for building inspections if the fee owner or contractor hires a private provider to
perform such services; however, the local jurisdiction may charge a reasonable administrative fee, which shall be
based on the cost that is actually incurred, including the labor cost of the personnel providing the service, by the
local jurisdiction or attributable to the local jurisdiction for the clerical and supervisory assistance required, or
both. 29

A local government may not charge a fee for building inspections when an owner or contractor uses a private
provider but may charge a “reasonable administrative fee.” A “reasonable administrative fee” must be based on
the cost that is actually incurred by the local government, including the labor cost of the personnel providing the
service, or the cost attributable to the local government for the clerical and supervisory assistance required, or
both. 30

Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies. 31 If the local
building official does not provide written notice of plan deficiencies within the prescribed 20-day period, the
permit application shall be deemed approved and must be issued on the next business day. 32

OTHER RESOURCES:
Department of Business & Professional Regulation

Florida Building Commission

Florida Building Code

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Miralia
Subcommittee
State Administration Budget
Subcommittee
Commerce Committee

29 S. 553.791(2)(b), F.S.
30 Id.
31
S. 553.791(7)(a), F.S.
32
Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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

HB 405 2026

1 A bill to be entitled
2 An act relating to commercial construction projects;
3 creating s. 287.05702, F.S.; defining the term
4 "awarding body"; providing that provisions contained
5 in public construction contracts which purport to
6 waive, release, or extinguish certain rights of a
7 contractor are void and unenforceable under specified
8 circumstances; providing construction; providing
9 severability; providing applicability; creating s.
10 553.789, F.S.; requiring the Florida Building
11 Commission, in consultation with the Department of
12 Business and Professional Regulation, to create a
13 uniform commercial building permit application;
14 requiring such application to include certain
15 information and be accepted statewide; prohibiting
16 such application from being modified; authorizing
17 local enforcement agencies to require supplemental
18 forms or additional documentation or plans for
19 specified commercial construction projects; providing
20 requirements for such supplemental forms; requiring
21 local enforcement agencies to allow certain reviews to
22 take place simultaneously; requiring the commission to
23 electronically publish on its website and make
24 available to local enforcement agencies and applicants
25 such application by a specified date; amending s.

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HB 405 2026

26 553.791, F.S.; defining the term "commercial
27 construction project"; requiring local enforcement
28 agencies to reduce permit fees for commercial
29 construction projects by certain percentages under
30 certain circumstances; prohibiting local enforcement
31 agencies from collecting any fees for commercial
32 construction projects under certain circumstances;
33 providing construction; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Section 287.05702, Florida Statutes, is created
38 to read:
39 287.05702 Public construction contract provisions barring
40 delay or time extensions declared void.—
41 (1) As used in this section, the term "awarding body" has
42 the same meaning as in s. 287.05701(1).
43 (2) A provision contained in a public construction
44 contract which purports to waive, release, or extinguish the
45 rights of a contractor to recover costs, damages, or equitable
46 adjustments, or to obtain a time extension, for delays in
47 performing such contract, either on his or her own behalf or on
48 behalf of a subcontractor, is void and unenforceable against
49 public policy if the delay is caused, in whole or in part, by
50 the acts or omissions of the awarding body, its agents or

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HB 405 2026

51 employees, or any person acting on its behalf.
52 (3) A provision contained in a public construction
53 contract which purports to deny or restrict a contractor's right
54 to a time extension for a concurrent delay is void and
55 unenforceable as against public policy if the awarding body
56 contributed to the delay through its own acts or omissions or
57 the acts or omissions of the awarding body's agents, employees,
58 or any person acting on its behalf.
59 (4) This section may not be construed to render void or
60 unenforceable a provision of a public construction contract
61 which:
62 (a) Requires notice of a delay by the party claiming the
63 delay;
64 (b) Allows an awarding body to recover liquidated damages
65 for a delay caused by the acts or omissions of the contractor or
66 his or her subcontractors, agents, or employees; or
67 (c) Provides for arbitration or any other procedure
68 designed to settle contract disputes.
69 (5) If a public construction contract contains a provision
70 that is void and unenforceable under this section, the provision
71 must be severed from the contract and the remaining provisions
72 remain in full force and effect.
73 (6) This section applies to all public construction
74 contracts entered into on or after July 1, 2026.
75 Section 2. Section 553.789, Florida Statutes, is created

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HB 405 2026

76 to read:
77 553.789 Uniform commercial building permit application.—
78 (1) The commission, in consultation with the department,
79 shall create a uniform commercial building permit application.
80 The uniform commercial building permit application must, at a
81 minimum, require all of the following information:
82 (a) The name and contact information of the property
83 owner.
84 (b) The name, license number, and contact information of
85 the contractor.
86 (c) The address and parcel identification number of the
87 construction project.
88 (d) The project type and occupancy classification under
89 the Florida Building Code.
90 (e) A description of the construction project, including
91 whether the project is new construction or an alteration, an
92 addition, or a repair.
93 (f) The total square footage and the declared value of the
94 construction project.
95 (g) The architect or engineer of record, if applicable.
96 (h) The identification of any private provider services if
97 used pursuant to s. 553.791.
98 (2) The uniform commercial building permit application
99 must be accepted statewide and may not be modified.
100 (3) A local enforcement agency may require supplemental

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HB 405 2026

101 forms for commercial construction projects based on the scope of
102 the project. The use of supplemental forms may not expand the
103 applicable timelines during which plans must be reviewed and
104 permits must be issued. Supplemental forms must be standardized
105 and used statewide, but may not replace or alter the format,
106 content, or substance of the uniform commercial building permit
107 application. Supplemental forms may be used for any of the
108 following commercial construction projects:
109 (a) High-rise construction.
110 (b) Health care facilities.
111 (c) Industrial or warehouse facilities.
112 (d) Mixed-use occupancies.
113 (4) A local enforcement agency may require additional
114 documentation or plans reasonably necessary to demonstrate
115 compliance with the Florida Building Code or local zoning
116 ordinances. Such additional documentation or plans may not alter
117 the format, content, or substance of the uniform commercial
118 building permit application.
119 (5) A local enforcement agency must allow relevant reviews
120 to take place simultaneously.
121 (6) The commission shall electronically publish on its
122 website and make available to all local enforcement agencies and
123 applicants the uniform commercial building permit application by
124 July 1, 2026.
125 Section 3. Paragraphs (e) through (s) of subsection (1) of

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HB 405 2026

126 section 553.791, Florida Statutes, are redesignated as
127 paragraphs (f) through (t), respectively, paragraph (b) of
128 subsection (17) is amended, a new paragraph (e) is added to
129 subsection (1), and paragraph (d) is added to subsection (2), to
130 read:
131 553.791 Alternative plans review and inspection.—
132 (1) As used in this section, the term:
133 (e) "Commercial construction project" means the
134 construction, alteration, or repair of a building or structure
135 that is primarily intended for business, industrial,
136 institutional, or mercantile use and is not classified as
137 residential under the Florida Building Code.
138 (2)
139 (d) If an owner or a contractor retains a private provider
140 for purposes of plans review or building inspection services for
141 a commercial construction project, the local enforcement agency
142 must reduce the permit fee by at least 50 percent of the portion
143 of the permit fee attributable to plans review or building
144 inspection services, as applicable. If an owner or a contractor
145 retains a private provider for all required plans review and
146 building inspection services, the local enforcement agency must
147 reduce the total permit fee by at least 75 percent of the amount
148 otherwise charged for such services. If a local enforcement
149 agency does not reduce its fees by at least the percentages
150 provided in this paragraph, the local enforcement agency

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HB 405 2026

151 forfeits the ability to collect any fees for the commercial
152 construction project. This paragraph does not prohibit a local
153 enforcement agency from reducing its fees in excess of the
154 percentages provided in this paragraph.
155 (17)
156 (b) A local enforcement agency, local building official,
157 or local government may establish, for private providers,
158 private provider firms, and duly authorized representatives
159 working within that jurisdiction, a system of registration to
160 verify compliance with the licensure requirements of paragraph
161 (1)(o) (1)(n) and the insurance requirements of subsection (18).
162 Section 4. This act shall take effect July 1, 2026.

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hb405-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE

HB 405 by Rep. Griffitts
Commercial Construction Projects

AMENDMENT SUMMARY
December 2, 2025

591883 by Rep. Griffitts (lines 41-58):
• Revises the definition for “body” to include “awarding body.”
• Creates a definition for “concurrent delay” to mean “two or more unrelated delays by the
awarding body or its agents or employees, or any person acting on its behalf, and the
contractor or its subcontractors or suppliers that happen at the same time or overlap in
time, each of which on its own would have delayed the contractor's performance of a
public construction contract.
• Adds “deny” and “restrict” to the list of provisions that could impact a contractor’s rights
to recover costs.
• Includes “supplier” with “subcontractor”.
• Adds “waive”, “release” and “extinguish” to the list of provisions that could impact a
contractor’s right to a time extension.

262525 by Rep. Griffitts (lines 100-124):
• Specifies that supplemental forms must be created by the Florida Building Commission
in consultation with the Department of Business and Professional Regulation.
• Changes the supplemental forms from types of commercial construction to trade-
specific.
• Specifies that a local enforcement agency may require supplemental forms based on
project scope.
• Changes the date that the uniform commercial building permit application must be
completed and available to local enforcement agencies to July 1, 2027.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 405 (2026)
Amendment No.

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

1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Griffitts offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 41-58 and insert:
7 (1) As used in this section, the term:
8 (a) "Awarding body" has the same meaning as in s.
9 287.05701(1).
10 (b) "Concurrent delay" means two or more unrelated delays
11 by the awarding body or its agents or employees, or any person
12 acting on its behalf, and the contractor or its subcontractors
13 or suppliers that happen at the same time or overlap in time,
14 each of which on its own would have delayed the contractor's
15 performance of a public construction contract.

591883 - h0405-lines 41-58.docx
Published On: 12/1/2025 5:32:29 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 405 (2026)
Amendment No.

16 (2) A provision contained in a public construction
17 contract which purports to waive, release, deny, restrict, or
18 extinguish a contractor's right to recover his or her costs,
19 damages, or equitable adjustments, or to obtain a time
20 extension, for delays in performing such contract, either on his
21 or her own behalf or on behalf of a subcontractor or supplier,
22 is void and unenforceable as against public policy to the extent
23 the awarding body caused the delay through its own acts or
24 omissions or by the acts or omissions of its agents or
25 employees, or any person acting on its behalf.
26 (3) A provision contained in a public construction
27 contract which purports to waive, release, deny, restrict, or
28 extinguish a contractor's right to a time extension for a
29 concurrent delay is void and unenforceable as against public
30 policy to the extent the awarding body contributed to the delay
31 through its own acts or omissions or by the acts or omissions of
32 its agents or employees, or any person acting on its behalf.
33
34 -----------------------------------------------------
35 T I T L E A M E N D M E N T
36 Remove lines 3-6 and insert:
37 creating s. 287.05702, F.S.; defining the terms
38 "awarding body" and "concurrent delay"; providing that
39 provisions contained in public construction contracts

591883 - h0405-lines 41-58.docx
Published On: 12/1/2025 5:32:29 PM
Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 405 (2026)
Amendment No.

40 which purport to waive, release, deny, restrict, or
41 extinguish certain rights of a

591883 - h0405-lines 41-58.docx
Published On: 12/1/2025 5:32:29 PM
Page 3 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 405 (2026)
Amendment No.

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

1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Griffitts offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 100-124 and insert:
7 (3) The commission, in consultation with the department,
8 shall create additional trade-specific forms for trades that are
9 often present on a project, including, but not limited to,
10 electric, HVAC, plumbing, and water and sewer. Such forms must
11 be standardized and used statewide.
12 (4) A local enforcement agency may require supplemental
13 trade-specific forms based on the scope of the project. The use
14 of such supplemental forms may not expand the applicable
15 timelines during which plans must be reviewed and permits must
16 be issued.
262525 - h0405-lines 100-124.docx
Published On: 12/1/2025 5:32:59 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 405 (2026)
Amendment No.

17 (5) A local enforcement agency may require additional
18 documentation or plans reasonably necessary to demonstrate
19 compliance with the Florida Building Code or local zoning
20 ordinances. Such additional documentation or plans may not alter
21 the format, content, or substance of the uniform commercial
22 building permit application.
23 (6) A local enforcement agency must allow reviews to take
24 place simultaneously.
25 (7) The commission shall electronically publish on its
26 website and make available to all local enforcement agencies and
27 applicants the uniform commercial building permit application by
28 July 1, 2027.
29
30 -----------------------------------------------------
31 T I T L E A M E N D M E N T
32 Remove lines 16-22 and insert:
33 such application from being modified; requiring the
34 commission, in consultation with the department, to
35 create standardized trade-specific forms to be used
36 statewide; authorizing local enforcement agencies to
37 require supplemental trade-specific forms or
38 additional documentation or plans for certain
39 projects; providing requirements for such supplemental
40 forms; requiring local enforcement agencies to allow

262525 - h0405-lines 100-124.docx
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 405 (2026)
Amendment No.

41 reviews to take place simultaneously; requiring the
42 commission to

262525 - h0405-lines 100-124.docx
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Page 3 of 3
HB 7001
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 7001 PCB GOS 26-01 COMPANION BILL: SB 7008
TITLE: OGSR/Florida Gaming Control Commission LINKED BILLS: None
SPONSOR(S): Nix RELATED BILLS: None
Committee References
Orig. Comm.: Government Industries & Professional State Affairs
Operations  Activities 
14 Y, 0 N

SUMMARY
Effect of the Bill:
The bill saves from repeal the public record and meeting exemption for exempt or confidential and exempt
information obtained by the Florida Gaming Control Commission. The public record and meeting exemption will
repeal on October 2, 2026, if the bill does not become a law.

Fiscal or Economic Impact:
None.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill removes the scheduled repeal date, created pursuant to the Open Government Sunset Review Act, for the
public record and meeting exemption for exempt or confidential and exempt information obtained by the Florida
Gaming Control Commission. The public record and meeting exemption will repeal on October 2, 2026, if the bill
does not become a law. (Section 1)

The effective date of the bill is upon becoming a law. (Section 2)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act) 1 sets forth a legislative review process for newly created or
substantially amended public record or public meeting exemptions. It requires an automatic repeal of the
exemption on October 2nd of the fifth year after creation or substantial amendment, unless the Legislature
reenacts the exemption. 2

The OGSR Act provides that a public record or public meeting exemption may be created or maintained only if it
serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one of the
following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a governmental
program, which administration would be significantly impaired without the exemption;

1
S. 119.15, F.S.
2 S. 119.15(3), F.S.

STORAGE NAME: h7001.IPA
DATE: 11/24/2025
1
HB 7001 PCB GOS 26-01
• Protect sensitive personal information that, if released, would be defamatory or would jeopardize an
individual’s safety; however, only the identity of an individual may be exempted under this provision; or
• Protect trade or business secrets. 3

If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a public necessity
statement and a two-thirds vote for passage are required. If the exemption is reenacted with grammatical or
stylistic changes that do not expand the exemption, if the exemption is narrowed, or if an exception to the
exemption is created, then a public necessity statement and a two-thirds vote are not required. 4

Florida Gaming Control Commission
The Florida Gaming Control Commission (FGCC) is a five-member 5 independent regulatory body housed within the
Department of Legal Affairs (DLA), Office of the Attorney General, for administrative purposes. The FGCC exercises
all regulatory and executive powers of the state with respect to gambling, including pari-mutuel wagering,
cardrooms, slot machine facilities, oversight of gaming compacts, 6 and other forms of gambling authorized by the
State Constitution or law, excluding the state lottery. 7

The Division of Gaming Enforcement within the FGCC is considered a criminal justice agency and serves as FGCC’s
law enforcement arm. 8 Division investigators must meet employment and certification standards for law
enforcement officers and are vested with full police powers. 9 The division is responsible for investigating and
enforcing criminal and regulatory violations related to gambling activities in the state. 10 In the 2023–2024 fiscal
year, the division closed more than a dozen illegal casinos, seized approximately 1,000 illegal slot machines, and
recovered more than $3.3 million in illicit funds. 11

Public Record and Meeting Exemption under Review
In 2021, the Legislature created a public record exemption for exempt or confidential and exempt 12 information
obtained by FGCC. 13 Such information may be released by FGCC, upon written request, to another agency or
governmental entity in the performance of FGCC’s official duties and responsibilities. Any agency or governmental
entity receiving such information must maintain its exempt or confidential and exempt status. 14

3 S. 119.15(6)(b), F.S.
4 Art. I, s. 24(c), FLA. CONST.
5 FGCC members are appointed by the Governor and subject to Senate confirmation: One member must have at least 10 years

of experience in law enforcement and criminal investigations, one must be a certified public accountant with at least 10 years
of experience in accounting and auditing, and one must be an attorney admitted to the Florida Bar for at least the preceding 10
years. S. 16.71(2), F.S.
6 The FGCC is the agency responsible for monitoring compliance with the provisions of the Gaming Compact between the

Seminole Tribe of Florida and the state. S. 285.710, F.S.
7 S. 16.712(1)(a), F.S. The state lottery is operated by the Department of the Lottery. Ss. 24.104 and 24.105(2), F.S.
8 S. 16.711(1), F.S.
9 See s. 16.711(3), F.S.
10 The division is the only statewide law enforcement agency solely dedicated to investigating illegal gambling activity. FGCC,

Gaming Enforcement (last visited October 10, 2025).
11 FGCC, Annual Report 2023–2024 (last visited October 10, 2025).
12 There is a difference between records the Legislature designates exempt from public record requirements and those the

Legislature designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892 So.2d
1015 (Fla. 2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642 So.2d 1135
(Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature designates a record
as confidential and exempt from public disclosure, such record may not be released by the custodian of public records to
anyone other than the persons or entities specifically designated in statute. See Op. Att’y Gen. Fla. 04-09 (2004).
13 Ch. 2021-270, L.O.F., codified as s. 16.716, F.S.
14 S. 16.716(1)(a), F.S.

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2
HB 7001 PCB GOS 26-01
The Legislature also created a public meeting exemption for any portion of a meeting that would reveal the exempt
or confidential and exempt information. 15 Before closing a meeting, the FGCC chair must publicly announce the
necessity for closure. 16 The chair’s declaration and specific reasons for such necessity must be documented in
writing and included in the official records of the FGCC. 17 The entire closed session must be recorded and the
recording must include the time of commencement and termination, all discussions and proceedings, and the
names of all persons present. 18 The recording and any minutes or records generated during the closed portion of a
meeting are confidential and exempt from public record requirements. 19 Attendance is limited to FGCC members,
DLA staff, FGCC staff, and any other person whose presence is necessary for the presentation of exempt
information. 20

The 2021 public necessity statement 21 provided that:

In the absence of this public records [and meetings] exemption, sensitive confidential
or exempt information, including criminal intelligence information and criminal
investigative information, would be disclosed, thus eliminating the protected status
of the information obtained by the commission. If the commission is unable to
maintain the exempt or confidential and exempt status of the information received,
the commission would be unable to effectively and efficiently perform its duties and
responsibilities. 22

Pursuant to the OGSR Act, the exemption will repeal on October 2, 2026, unless reenacted by the Legislature. 23

During the 2025 interim, House and Senate staff met jointly with staff from the FGCC to discuss the public record
and meeting exemption under review. FGCC staff indicated that they have had no issue interpreting or applying the
exemption and were unaware of any litigation concerning the exemption. FGCC staff recommended reenacting the
exemption as is.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Government 14 Y, 0 N 11/4/2025 Toliver Villa
Operations Subcommittee
Industries & Professional Activities Anstead Thompson
Subcommittee
State Affairs Committee

15 S. 16.716(1)(b)1., F.S.
16 S. 16.716(1)(b)1.a., F.S.
17 S. 16.716(1)(b)1.b., F.S.
18 S. 16.716(1)(b)1.c., F.S.
19 S. 16.716(1)(b)3., F.S.
20 S. 16.716(1)(b)2., F.S.
21 Art. I, s. 24(c), FLA CONST., requires each public record and meeting exemption to “state with specificity the public necessity

justifying the exemption.”
22 Ch. 2021-270, L.O.F.
23 S. 16.716(2), F.S.

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

HB 7001 2026

1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 16.716, F.S., which
4 provides an exemption from public record and public
5 meeting requirements for exempt or confidential and
6 exempt information obtained by the Florida Gaming
7 Control Commission; removing the scheduled repeal of
8 the exemption; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 16.716, Florida Statutes, is amended to
13 read:
14 16.716 Florida Gaming Control Commission public records
15 and public meetings exemptions.—
16 (1)(a) Any information obtained by the Florida Gaming
17 Control Commission which is exempt or confidential and exempt
18 from s. 119.07(1) or s. 24(a), Art. I of the State Constitution
19 shall retain its exempt or confidential and exempt status. The
20 information may be released by the commission, upon written
21 request, to an agency, as defined in s. 119.011, or a
22 governmental entity in the performance of the commission's
23 official duties and responsibilities. An agency or a
24 governmental entity receiving such information from the
25 commission shall maintain the exempt or confidential and exempt

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HB 7001 2026

26 status of the information.
27 (2)(b)1. Any portion of a meeting of the commission during
28 which information that is exempt or confidential and exempt is
29 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
30 State Constitution.
31 (a)a. The chair of the commission shall advise the
32 commission at a public meeting that, in connection with the
33 performance of a commission duty, it is necessary that the
34 commission hear or discuss information that is exempt or
35 confidential and exempt.
36 (b)b. The chair's declaration of necessity for closure and
37 the specific reasons for such necessity shall be stated in
38 writing in a record that shall be a public record and shall be
39 filed with the official records of the commission.
40 (c)c. The entire closed session shall be recorded. The
41 recording shall include the times of commencement and
42 termination of the closed session, all discussion and
43 proceedings, and the names of all persons present. No portion of
44 the session may be off the record. Such recording shall be
45 maintained by the commission.
46 (d)2. Only members of the commission, Department of Legal
47 Affairs staff, or commission staff supporting the commission's
48 function and other persons whose presence is necessary for the
49 presentation of exempt or confidential and exempt information
50 shall be allowed to attend the exempted portions of the

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51 commission meetings. The commission shall ensure that any
52 closure of its meetings as authorized by this subsection
53 paragraph is limited so that the general policy of this state in
54 favor of public meetings is maintained.
55 (e)3. A recording of, and any minutes and records
56 generated during, that portion of a commission meeting which is
57 closed to the public pursuant to this subsection paragraph are
58 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
59 of the State Constitution until such time as the information is
60 no longer exempt or confidential and exempt.
61 (2) This section is subject to the Open Government Sunset
62 Review Act in accordance with s. 119.15 and is repealed on
63 October 2, 2026, unless reviewed and saved from repeal through
64 reenactment by the Legislature.
65 Section 2. This act shall take effect upon becoming a law.

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