Florida House Regulatory Reform Subcommittee meeting packet, March 2, 2021

Summary

The meeting packet for the Florida House of Representatives Regulatory Reform Subcommittee of the Commerce Committee, meeting Tuesday, March 2, 2021 from 1:00 PM to 3:00 PM in Sumner Hall, under Speaker Chris Sprowls and Chair Bob Rommel. The agenda lists bills including HB 401 on the Florida Building Code, HB 535 on electronic dissemination of commercial recordings, HB 585 on payment for construction services, HB 663 on cottage food operations, HB 667 on building inspections, HB 735 on preemption of local occupational licensing, HB 737 on craft distilleries and HB 821 on licensure for land surveying. The packet carries the bills, amendments and staff analyses.

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

Full text

Regulatory Reform Subcommittee

Tuesday, March 2, 2021
1 :00 PM - 3:00 PM
Sumner Hall (404 HOB)

Meeting Packet

.iprowls Bob Rommel
er Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform Subcommittee

Chris Sprowls Bob Rommel
Speaker Chair

AGENDA

Tuesday, March 2, 2021
Sumner Hall (404 HOB)
1:00 PM -3:00 PM

I. Call to Order & Roll Call

II. Welcoming Remarks

III. Consideration of the following bills(s):

HB 401 by Rep. Fetterhoff
Florida Building Code

HB 535 by Rep. Busatta Cabrera
Electronic Dissemination of Commercial Recordings and Audiovisual Works

HB 585 by Rep. DiCeglie
Payment for Construction Services

HB 663 by Rep. Salzman
Cottage Food Operations

HB 667 by Rep. Mooney
Building Inspections

HB 735 by Rep. Harding
Preemption of Local Occupational Licensing

HB 737 by Rep. DiCeglie
Craft Distilleries

HB 821 by Rep. Mariano
Licensure Requirements for Land Surveyors and Mappers

303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4870 Fax: (850) 410-0096
Page 2

HB 911 by Rep. Buchanan
Medical Treatment of Animals

IV. Consideration of the following proposed committee substitute(s):

PCS for HB 1059 -- Building Permits

V. Adjournment
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Regulatory Reform Subcommittee

Start Date and Time: Tuesday, March 02, 2021 01:00 pm

End Date and Time: Tuesday, March 02, 2021 03:00 pm

Location: Sumner Hall (404 HOB)
Duration: 2.00 hrs

Consideration of the following bill(s):

HB 401 Florida Building Code by Fetterhoff
HB 535 Electronic Dissemination of Commercial Recordings and Audiovisual Works by Busatta Cabrera
HB 585 Payment for Construction Services by DiCeglie
HB 663 Cottage Food Operations by Salzman
HB 667 Building Inspections by Mooney
HB 735 Preemption of Local Occupational Licensing by Harding
HB 737 Craft Distilleries by DiCeglie
HB 821 Licensure Requirements for Land Surveyors and Mappers by Mariano
HB 911 Medical Treatment of Animals by Buchanan

Consideration of the following proposed committee substltute(s):

PCS for HB 1059 -- Building Permits

This meeting will be live-streamed on https://thefloridachannel.org/. Persons who wish to attend must
register at www.myfloridahouse.gov, at least three hours before the meeting, and pick up a pass at the
Legislative Welcome Center on the 4th Floor of the Capitol beginning one hour before the start of the
meeting. Audience seating will be socially distanced and will be available on a first-come, first-served
basis. Registration closes three hours before the meeting starts.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 401 Florida Building Code
SPONSOR(S): Fetterhoff
TIED BILLS: IDEN./SIM. BILLS: SB 1146

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Brackett Anstead ;/:I:)._
2) Local Administration & Veterans Affairs
Subcommittee

3) Professions & Public Health Subcommittee

4) Commerce Committee

SUMMARY ANALYSIS
The Florida Building Commission (Commission), located within the Department of Business and Professional
Regulation, implements and adopts the Florida Building Code. The Building Code is the statewide building
code for all construction in the state. Every local government must enforce the Building Code and issue
building permits. The Commission adopts a new edition of the Building Code every three years.

The Commission and local governments may adopt amendments to the Building Code provided they follow the
requirements in current law. Local amendments to the Building Code expire when the newest edition of the
Building Code takes effect. Current law also requires the Commission to develop and implement an approval of
products for statewide use.

The Department of Health (DOH) is responsible for the oversight and regulation of water quality and safety of
public swimming pools in Florida. DOH does not require a facility with a public pool to have lifeguards unless
the pool has a water slide plunge pool or the pool is a water activity pool with climbable structures. However,
anyone working as a lifeguard at a public swimming pool must be certified in lifeguarding, first aid, and
cardiopulmonary resuscitation. DOH does require a group care facility with a pool, including assisted living
facilities, to provide direct supervision by an adult employee when in use or when the area is occupied by
minors and other residents that cannot swim. The adult employee providing supervision must have completed
a community water safety course.

The bill :
• Prohibits DOH from requiring assisted living facilities to comply with rules relating to swimming pool
lifeguards.
• Allows a substantially affected person to petition the Commission for a non-binding advisory opinion on
whether a local government regulation is an improper amendment to the Building Code, and
establishes a process for such.
• Allows the Commission to issue an "errata to the code" to correct demonstrated errors in provisions
contained within the Building Code.
• Requires the Commission to adopt rules for approving product evaluation entities in addition to the
ones already listed and approved in current law.
• Prohibits a local government from requiring a contract between a builder and an owner as a condition to
apply for or obtain a building permit.

The bill is not expected to have an impact on state and local governments.

The bill provides for an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0401.RRS.D0CX
DATE: 2/26/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Assisted Living Facilities - Current Situation

An assisted living facility is a residential establishment, or part of a residential establishment, that
provides housing, meals, and one or more personal services for a period exceeding 24 hours to one or
more adults who are not relatives of the owner or administrator.1 A personal service is direct physical
assistance with, or supervision of, the activities of daily living and the self-administration of medication.2
Activities of daily living include ambulation, bathing, dtessing, eating, grooming, toileting, and other
similar tasks. 3

As of February 25, 2021, there are 3, 137 licensed assisted living facilities. Assisted living facilities
range from having a capacity for 6 beds to 350 beds.4

Assisted living facilities are licensed and regulated by the Agency for Health Care Administration
(AHCA) under part I of ch. 429, F.S., and part II of ch. 408, F.S., rule 59A-36, F.A.C. In addition to a
standard license, an assisted living facility may have one or more specialty licenses that allow the
assisted living facility to provide additional care. These specialty licenses include limited nursing
services, 5 limited mental health services, and extended congregate care services. 6

Current law requires rules governing assisted living facilities promote a safe and sanitary environment
that is residential and non-institutional in design or nature. 7 Current law also requires rules set
requirements for and maintenance of facilities relating to plumbing, heating, cooling, lighting, ventilation ,
living space and other housing conditions that are not in conflict with ch. 553, F.S., governing building
construction standards. Current law also requires AHCA to develop key quality-of-care standards for
assisted living facilities with input from the State Long-Term Care Ombudsman Council and
representatives of provider groups for incorporation into its rules .8 Rules must also address
moratoriums, classification of deficiencies, the levying of penalties and the use of income from fees and
fines. 9

Public Pools

The Department of Health (DOH) is responsible for the oversight and regulation of water quality and
safety of public swimming pools in Florida under ch. 514, F.S. In order to operate or continue to operate
a public swimming pool, a valid operating permit from DOH must be obtained. If DOH determines that
the public swimming pool is, or may reasonably be expected to be, operated in compliance with state
laws and rules, DOH will issue a permit. However, if it is determined that the pool is not in compliance

1 S . 429.02(5), F.S. An assisted living facility does not include an adult family-care home or a non-transient public lodging

establishment.
2
S. 429.02(16), F.S.
3 S. 429.02(1), F.S.
4 AGENCY FOR HEALTH CARE ADMINISTRATION, Facility/Provider Search Results - Assisted Living Facilities,

http://www.floridahea lthfinder.gov/facllitylocator/ListFacilities.aspx (last visited Feb. 17, 2021 ).
5 S . 429.07(3)(c), F.S. Limited nursing services include acts that may be performed by a person licensed as a nurse but are not

complex enough to require 24-hour nursing supervision and may include such services as the application and care of routine dressings,
and care of casts, braces, and splints (s. 429.02(13), F.S.).
6 S. 429.07(3)(b), F.S. Extended congregate care facilities provide services to an individual that would otherwise be ineligible for

continued care in an assisted living facility. The primary purpose is to allow a resident the option of remaining in a familiar setting from
which they would otherwise be disqualified for continued residency as they become more impaired.
7
S. 429.41 (1 ), F.S.
8 S. 429.41 (5), F .S. AHCA reviews the key quality-of-care standards for compliance during an abbreviated biennial licensure inspection

(s. 429.41(5), F.S.).
9 S . 429.41(1)(f), F.S.

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with state laws and rules, the application for a permit will be denied. DOH is authorized to establish a
schedule of fees for plan approval and permitting.10 Operating permits must be renewed annually and
may be transferred from one name or owner to another. 11

A public swimming pool means a watertight structure of concrete, masonry, or other approved materials
which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a
filtered and disinfected water supply, together with buildings, appurtenances, and equipment used in
connection therewith. 12

A public swimming pool includes "a conventional pool, spa-type pool, wading pool, special purpose
pool, or water recreation attraction, to which admission may be gained with or without payment of a fee
and includes, but is not limited to, pools operated by or serving camps, churches, cities, counties, day
care centers, group home facilities for eight or more clients, health spas, institutions, parks, state
agencies, schools, subdivisions, or the cooperative living-type projects of five or more living units, such
as apartments, boardinghouses, hotels, mobile home parks, motels, recreational vehicle parks, and
townhouses. "13

All public pools must be equipped with the following safety features: 14

• Safety drain outlet cover(s)/grate(s) and allowable secondary anti-entrapment devices; 15
• A shepherd's hook securely attached to a one piece pole not less than 16 feet in length. Pools
over 50 feet in length shall have a shepherd's hook on each of the longer sides of the pool;
• At least one 18 inch diameter lifesaving ring with sufficient rope attached to reach all parts of the
pool from the pool deck. Pools over 50 feet in length shall have a lifesaving ring on each of the
longer sides of the pool;
• Safety equipment shall be mounted in a conspicuous place and be readily available for use; and
• Lighting if the pool is used during nighttime.

Spa pools under 200 square feet of surface area, and interactive water features or wading pools with
two feet or less of water depth are exempt from the requirement to have shepherd 's hook and lifesaving
ring requirement. 16

Lifeguards

A "lifeguard" is a person responsible for the safety of the users of a public swimming pool. Lifeguards
are not required at a public pool unless the pool has a water slide plunge pool or the pool is a water
activity pool with climbable structures. 17

However, anyone working as a lifeguard at a public swimming pool must be certified in lifeguarding, first
aid, and cardiopulmonary resuscitation by the American Red Cross, the Y.M.C.A., or other nationally
recognized aquatic training programs. 18

10 S. 514.033, F.S.
11 Ss. 514.031(2) and (3), F.S.
12
S. 514.011(2), F.S.
13 Id.
14
Rule 64E-9.008(3) and (7), F.A.C.
15
Federal law requires public pools and spas to have a drain cover and a secondary anti-entrapment device in order to avoid suction
entrapment. 15 U.S.C. § 106.
16 Id.
17
S. 514.071, F.S.; Rule 64E-9.008(2), F.A.C.
1s Id.
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Pools in Assisted Living Facilities

Current law gives DOH the authority to adopt rules necessary to protect the health and safety of
residents, staff, and patrons of group care facilities. 19 DOH's rules require a group care facility, with a
pool, to provide direct supervision by an adult employee when in use or when the area is occupied by
minors and other residents that cannot swim. The adult employee providing supervision must have
completed a community water safety course by the American Red Cross, Y.M.C.A., or other approved
aquatic training program. 20

Group care facilities, include public or private schools, assisted living facilities, adult family-care
homes, adult day care centers, short-term residential treatment centers, residential treatment facilities,
home for special services, transitional living facilities, crisis stabilization units, hospices, prescribed
pediatric extended care centers, intermediate care facilities for persons with developmental disabilities,
or boarding schools. 21

On July 6, 2018, DOH opened up its rules relating to group care facilities, including the rule relating to
pools in group care facilities, in order to update the rules by incorporating technical changes for
consistency with changes in industry standards, reduce surplus language, and increase clarity. On
March 11, 2020, the DOH held a workshop to receive comments on the possible rule updates. 22 The
proposed rule requires assisted living facilities with pools, spas, or open water hazards to implement
and maintain a written policy pertaining to the use of water safety barriers, water safety devices and
equipment, and cardiopulmonary resuscitation. The policy must be available for review by DOH. 23

The proposed rule provides that if an assisted living facility has a pool, spa, or open water hazard that
is not considered a public swimming pool, the facility must have direct supervision by an adult
employee when in use or when the area is occupied by minors and other residents or visitors that
cannot swim. The individual responsible for supervision during water activities or near water hazards
must be knowledgeable of: 24
• The written policy;
• The correct use of water safety devices and equipment;
• The correct use of any water safety barriers: and
• Cardiopulmonary resuscitation procedures.

The proposed rule also provides that an assisted living facility with a pool or spa that is not considered
a public swimming pool, must have a residential swimming pool barrier that meets the standards of the
Florida Building Code, and be equipped with water safety devices including a shepherd's hook not less
than 16 feet in length and an 18-inch diameter lifesaving ring. 25

Opponents to the proposed changes argue that expanding the applicability of direct supervision of
pools in group care facilities would cause assisted living facilities to incur significant costs caused by a
need for increased staffing or purchasing and installing devices along with continued monitoring.

19 Id.
20
Rule 64E-12.011(3), F.A.C.
21
S. 381.006(16), F.S.
22
DOH, Group Care Facilities, bttp://www.floridabealtb .gov/environmental-health/grnup-care-facilities/ index.html (last visited Feb.
25, 2021). Department of State, History of Rule 64E-12.0l l since Jan. 6, 2006, Florida Administrative Code & Florida Administrative
Register
https://www.flrules.org/gateway/RuleNo.asp?titlea=COMMUNITY%20BASED%20RESIDENTIAL%20FACILITIES&ID=64E-
12.011 (last visited Feb. 25, 2021).
23
Email from Andrew Love, Legislative Planning Director, Department of Health, FW: Violations at pool inspections Re: Pool Bills-
Exemption for HOAs HB 463/SB 902 (Feb. 26, 2021).
24 Id.
2s Id.
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DATE: 2/26/2021
According to the comment, this could require assisted living facilities to close existing facilities and
refrain from building new swimming pools. 26

Assisted Living Facilities - Effect of the Bill

The bill prohibits DOH from requiring assisted living facilities with pools to comply with DOH rules
relating to swimming pool lifeguards.

The Florida Building Code and Florida Building Commission - Current Situation

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. 27

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 commission's
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 codes on March 1, 2002. 28 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 29

Part IV of ch. 553, 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. 30

The main purpose of the Building Code is to regulate new construction or proposed modifications to
existing structures in order to give the occupants the highest level of safety and the least amount of
defects. 31

The Florida Building Commission

26
Letter from Jason M. Hand, Vice President of Public Policy & Legal Affairs, Florida Senior Living Association, Florida Senior
Living Association's Written Comments in Response to Florida Department of Health's December 9, 2019 Notice of Development of
Rulemaking for Rules 64E-12.001 through 64E-12.013 F.A.C. (#22688608), Jan. 17, 2020).
27
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 Feb. 15, 2021).
28
Id.; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
29
Florida Building Commission Homepage, https://floridabuilding.org/c/defau lt.aspx (last visited Feb .. 26, 2021).
30
See S. 553.72(1), F.S.
31 Florida Building Commission, Advanced Florida Building Code Principals,

http://www.floridabuilding.org/Upload/Courses trp/421-2-MATERIAL-Adv%20FL%20Bldg%20Code%20-
%20Course%20PDF%20version%207.0.pdf (last visited Feb. 26, 2021).
32 Ss. 553.73, & 553.74, F.S.
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The Commission reviews several International Codes published by the International Code Council, 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. 33

The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC. 34 TACs are made up of commission members and other parties who
advise the commission on declaratory statements, proposed amendments, and any other areas of
interest of the commission. 35

Local Enforcement of the Florida Building Code

The Legislature has provided local governments with the power to inspect all buildings, structures, and
facilities within their jurisdiction to protect the public's health, safety, and welfare. 36

Every local government must enforce the Building Code and issue building permits. 37 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without
first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency. 38

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 39 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection to ensure work complies with the Building Code. 40

Amendments to the Building Code

The Commission and local governments may adopt technical and administrative amendments to the
Building Code. A technical amendment to the Building Code is an alteration to the prescriptive
requirements or reference standards for construction. An administrative amendment is an addition or
alteration of the code enforcement requirements of the Building Code. 41 All amendments adopted by
the Commission require a 75% supermajority vote of approval. 42

The Commission may approve technical amendments to the Building Code once each year for
statewide or regional application upon a finding that the amendment: 43

• Is needed in order to accommodate the specific needs of the state;
• Has a reasonable and substantial connection with the health, safety, and welfare of the general
public;
• Strengthens or improves the Florida Building Code, or in the case of innovation or new
technology, will provide equivalent or better products or methods or systems of construction;
• Does not discriminate against materials, products, methods, or systems of construction of
demonstrated capabilities; and
• Does not degrade the effectiveness of the Florida Building Code.

33 Id.
34
DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c commission.aspx (last visited Feb. 26, 2021).
35 S. 553.73(3), F.S.; Rule 61020-2.001, F.A.C.
36
S. 553.72, F.S.
37
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
38
See Ss. 125.56(4)(a) & 553.79(1), F.S.
39
S. 202 of the Building Code (Building), Sixth Edition.
40
S. 468.603(2), F.S.
41
S. 553.73, F.S.; Rule 61020-2.002, F.A.C.
42
Rule 61020-2.002(13), F.A.C.
43
S. 553.73(9), F.S.
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In order to adopt a technical amendment to the Code the commission must meet the following
requirements: 44

• The proposed amendment has been published on the commission's website for a minimum of
45 days and all the associated documentation has been made available to any interested party
before any consideration by a TAC;
• The proposed amendment includes a fiscal impact statement that documents the costs and
benefits of the proposed amendment.
• In order for a TAC to make a favorable recommendation to the commission, the proposal must
receive a three-fourths vote of the members present at the TAC meeting and at least half of the
regular members must be present in order to conduct a meeting;
• After TAC consideration and a recommendation for approval of any proposed amendment, the
proposal must be published on the commission's website for at least 45 days before any
consideration by the commission; and
• A proposal may be modified by the commission based on public testimony and evidence from a
public hearing held in accordance with ch. 120.

Adopted amendments to the foundation codes must be clearly marked in printed versions of the Florida
Building Code so that the fact that the provisions are Florida-specific amendments to the foundation
codes is readily apparent. 45

However, for certain amendments the commission may adopt amendments at any time and only has to
follow the rule adopting procedures in ch. 120. The commission may adopt amendments using the rule
adoption procedure to address the following: 46

• Conflicts within the updated code;
• Conflicts between the updated code and the Florida Fire Prevention Code;
• Unintended results from the integration of previously adopted Florida-specific amendments with
the model code;
• Equivalency of standards;
• Changes to or inconsistencies with federal or state law;
• Adoption of an updated edition of the NEC if the commission finds that delay of implementing
the updated edition causes undue hardship to stakeholders or otherwise threatens the public
health, safety, and welfare; or
• Enhancement of the construction requirements relating to wind resistance or the prevention of
water intrusion.

Local Amendments to the Building Code

Local governments may adopt amendments to the Building Code that are more stringent than the
Building Code that are limited to the local government's jurisdiction. Amendments by local governments
expire upon the adoption of the newest edition of the Building Code, and, thus, the local government
would need to go through the amendment process every three years in order to maintain a local
amendment to the Building Code. 47

Current law allows local governments to adopt technical amendments to the Building Code every six
months if: 48

44
Ss. 553.73(3) and (9), F.S.:
45
s. 553.73(7), F.S.
46
S. 553.73(8), F.S.; Rule 6IG20-2.002(2), F.A.C.
47 S. 553.73(4), F.S.

4s Id.
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• The local government's governing body holds a public hearing to discuss the amendment,
which has been advertised in a newspaper of general circulation at least 10 days before the
meeting;
• Following the hearing, the governing body determines that an amendment is needed to address
a local need that is not addressed by the Building Code;
• The amendment is no more stringent than necessary to address the local need;
• The local amendment is not discriminatory against materials, products, or construction
techniques of demonstrated capabilities;
• The local amendment does not introduce a new subject that is not addressed by the Building
Code;
• The local amendment includes a fiscal impact statement, which documents the costs and
benefits of the amendment including the impact to local government, property and building
owners, industry, and the cost of compliance; and
• The local government sends the amendment to the Commission.

A technical amendment adopted by a local government takes effect 30 days after the Commission
receives the amendment and publishes the amendment on its website. 49

The Commission may review local amendments and issue nonbinding recommendations to local
governments about whether the local government complied with the requirements to adopt an
amendment. If the Commission decides to review a local amendment it must send the amendment to
the applicable TAC for review. 50

The TAC must make a recommendation to the Commission about whether the local amendment
complies with the requirements of current law. The Commission must provide the nonbinding
recommendation to the local government within 30 days of adopting the recommendation. 51
Each county and municipality that adopts technical amendments to the Building Code must establish a
countywide compliance review board by interlocal agreement. The compliance review board reviews
any amendment adopted by a local government in its county that is challenged by a substantially
affected party in order to determine if the amendment has been adopted in accordance with the
requirements of current law. 52

A local government or the substantially affected party may appeal the compliance review board's
decision to the Commission within 14 days of the board's decision. The Commission must refer the
appeal to the Division of Administrative Hearings for a hearing by an administrative law judge. The
administrative law judge must hold a hearing within 30 days of being assigned the appeal, and must
enter a recommended order within 30 days of the conclusion of the hearing. 53

The Commission must enter a final order within 30 days after the administrative law judge issues a
recommended order. In proceedings before a compliance review board or the Commission, the local
government has the burden to prove an amendment has been adopted in accordance with the
requirements of current law. 54

Interpretations of the Building Code

49
553.73(4), F.S.; Rule-6IG20-2.003, F.A.C.
50 Id.
51 Id.
52
S. 553.73(4), F.S.
53 Id.
54 Id.
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The Commission may issue declaratory statements regarding interpretations of the Florida Building
Code, review local building officials' interpretation of the Building Code, and give binding interpretations
of the Building Code. 55

A substantially affected person, state agency, or a local government may petition the Commission in
writing for a declaratory statement relating to interpretations of the Building Code, or the enforcement or
administration of the Building Code by local governments. The Commission must issue a declaratory
statement or deny a petition within 90 days of receiving the petition. Declaratory statements are binding
upon all jurisdictions and are subject to judicial review by a district court of appeal. 56

A substantially affected person may also petition the Commission to review a local building official's
interpretation of the Building Code. A substantially affected person includes an owner or builder subject
to a decision of the local building official or an association of owners or builders having members who
are subject to a decision of the local building official. 57

A substantially affected person may petition the Commission to review a local building official's
interpretation of the Building Code if: 58
• The substantially affected person has appealed the building official's interpretation to the local
board of appeals, if such board exists;
• The substantially affected person files a written petition to the Commission on a form adopted
by the Commission which contains:
o The name and address of the local government and the local building official;
o The name, address, and phone number of the substantially affected person, and
explanation of how they are substantially affected by the building official's interpretation;
o A statement of the provisions of the Building Code that are being interpreted, the
building official's interpretation of those sections, and the substantially affected person's
interpretation of those sections; and
o The local building official's response.
• The substantially affected person has given the petition to the local building official and at least
five days for the building official to respond.

Upon receiving a written petition to review a local building official's interpretation of the Building Code,
the Commission must provide copies to a panel, and publish the petition and the local building official's
response on the Commission's website and allow for comments to be posted by interested parties. The
panel must have seven members made up of five building officials, an architect, and an engineer. The
Commission must coordinate with the Building Officials Association of Florida 59 to designate the
panel. 60

The panel must conduct proceedings necessary to issue a determination, and consider the written
petition, the local building official's response, and any comments posted on the Commission's website.
The panel must issue a determination within 21 days of the petition being filed with the Commission.

55
S. 553.775, F.S.
56 Ss. 553.775(3), 120.565, &120.68, F.S.
57
S. 553.775(3), F.S.
5s Id.
59
The Building Officials Association of Florida is the largest community of building officials, building inspectors, plans examiners,
and building code compliance professionals in the state. Its goal is to ensure the health, safety, and welfare of the public through safe
building practices by equipping building professions through education, advocacy, leadership, and code development. Building
Officials Association of Florida, About BOAF, https://boaf.net/page/About (last visited Jan. 8, 2020).
60 Id.
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DATE: 2/26/2021
The determination is binding upon all parties and all jurisdictions in Florida. 61 The determination must
be published on the Commission's website and the Florida Administrative Register. 62

A party may appeal the panel's determination by filing an appeal with the Commission within 30 days of
the panel's determination. The Commission must conduct a hearing in accordance with the
Administrative Procedure Act. The burden of proof in the hearing is on the party appealing the panel's
determination. The Commission's ruling is subject to judicial review by a district court of appeal. 63

The Florida Building Code and Florida Building Commission - Effect of the Bill

Errata to the Code

The bill provides that the Commission may also issue an "errata to the code" to correct demonstrated
errors in provisions contained with the Building Code. An "errata to the code" means a list of errors on
current and previous editions of the Building Code.

The determination of such errors and the issuance of an "errata to the code" must be approved by a
75% supermajority vote of the Commission.

Petition For Advisory Opinion Relating to Technical Amendments to the Building Code

The bill also provides that a substantially affected person may petition the Commission for a non-
binding advisory opinion for any local government regulation, law, ordinance, policy, amendment, or
land use or zoning provision (regulation) that the person believes is a technical amendment to the
Building Code and was not adopted in accordance with the process for adopting local amendments to
the Building Code.

A "local government" means a county, municipality, special district, or political subdivision of the state.

A "substantially affected person" includes an owner or builder subject to the local government's
regulation or an association of owners or builders who have members who are subject to the
regulation.

The Commission must issue a non-binding advisory opinion stating whether a local government
regulation is a technical amendment to the Building Code if:
• A substantially affected person files a petition with the Commission, in accordance with the
Commission's directions for filing the petition, and on a form adopted by the Commission which
contains at a minimum:
o The name of the local government that enacted the regulation;
o The name and address of the local government's general counsel;
o The name, address, and phone number of the substantially affected person;
o An explanation of how the person is substantially affected by the local government's
regulation; and
o A statement of why the regulation is a technical amendment to the Building Code, and
which provisions of the Building Code are amended by the regulation, if any.
• The substantially affected person has given the petition to the local government's general
counsel or administrator by certified mail, return receipt requested. The local government may
respond within 14 days by certified mail, return receipt requested, and send a copy of its
response to the Commission.

61 Id.
62
Id.; The Florida Administrative Register is a daily publication which gives the public current information about the status of
proposed rules, notice of agency public meetings, workshops and hearings, and anything else required by law. Florida Administrative
Code & Florida Administrative Register, FL Rules FAQ, https://www.fJrules.org/Help/newHelp.asp#FAW (last visited Jan. 15, 2020).
63
Ss. 553.775(3), & 120.68, F.S.
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Upon receiving a petition to review a local government's regulation, the Commission must publish the
petition and the local government's response on the Commission's website and allow for comments to
be posted by interested parties. The Commission may provide the petition, the local government's
response, and any comments posted by interested parties to a TAC for review and a recommendation.

The Commission must consider the petition, the local government's response, any comments posted
on the Commission's website, and any recommendation provided by a TAC. The Commission must
issue a non-binding advisory opinion stating whether the local government's regulation is a technical
amendment to the Building Code within 30 days of receiving the petition. The Commission must also
publish the non-binding advisory opinion on its website and the Florida Administrative Register.

Product Evaluation and Approval - Current Situation

Current law requires the Commission to develop and implement an approval of products for statewide
use. The Commission has created a product approval system for products and systems that makeup
the building envelope and structural frame of a building. 64 The Commission approves the products in
the following categories for statewide use: 65

• Panel Walls;
• Exterior Doors;
• Roofing Products;
• Skylights;
• Windows;
• Shutters;
• Structural Components; and
• Impact Protective Systems.

To obtain state approval, a manufacturer must demonstrate a product complies with the applicable
standards and provisions of the Building Code by submitting one of the following reports:
• A certification mark or listing of an approved certification agency;
• A test report from an approved testing laboratory;
• A product evaluation report developed, signed and sealed by a Florida licensed engineer or
architect; or
• A product evaluation report from one of the following evaluation entities:
o The National Evaluation Service;
o The International Association of Plumbing and Mechanical Officials Evaluation Service;
o The International Code Council Evaluation Services;
o Underwriters Laboratories, LLC ;
o The International Conference of Building Officials;
o SBCCI Public Safety Testing and Evaluation Services, Inc.;
o lntertek Testing Services NA, Inc.; or
o The Miami-Dade County Building Code Compliance Office Product Control Division. 66

Currently, the Commission has authority to approve an entity as an approved testing laboratory or a
certification agency if it meets the Commission's rules. 67 However, the Commission does not have
authority to approve an entity as an evaluation entity. In order to be approved as an evaluation entity,
the entity must be added to the list of approved evaluation entities in current law by the Legislature.

64
S. 553.842(1), F.S.; R. 61G20-3.001, F.A.C.
65
Rule 61G20-3.001, F.A.C.
66 S. 553.842, F.S.; DBPR, Product Evaluation Entity List, https://www.tloridabuilding.org/pr/pr org lst.aspx (last visited Nov. 11 ,

2019).
67
Rule 61G20-3.008, F.A.C.
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Product Evaluation and Approval - Effect of the Bill

The bill requires the Commission to adopt rules for approving evaluation entities in addition to the ones
already approved and listed in current law.

Requ ired Information in Building Permit Application .,.. Current Situation

To obtain a permit, an applicant must complete an application for the proposed work on a form
furnished by the government entity. The form must include the following information: 68

• The name and address of the owner of the property;
• The name and address of the contractor;
• A description sufficient to identify the property to be improved, including the property's address
and legal description; and
• The name and address of the bonding company, if any;
• The name and address of the architect/engineer, if any;
• The name and address of the mortgage company, if any; and
• The number or identifying symbol assigned to the building permit by the issuing authority.

In addition to the information that must be in the application, a government entity may require any
additional information be included in the application. 69

According to testimony offered during the Regular meeting of the Florida House of Representatives
Regulatory Reform Subcommittee, many local governments use the cost of construction as a factor70
for determining the amount of a fee for a building permit. 71 Some local governments are requiring
contractors to include their contracts with private owners in order to obtain building permits so that the
local government can determine the contract's construction cost and construction value. 72 Although
these contracts may contain private proprietary information, when local governments request them they
may become public documents. 73

Required Information in Building Permit Application - Effect of the Bill

The bill prohibits a local government from requiring a contract between a builder and an owner as a
condition to apply for or obtain a building permit.

B. SECTION DIRECTORY:
Section 1. Amending s. 514.0115, F.S., prohibiting DOH from requiring assisted living facilities to
comply with rules relating swimming pool lifeguard standards.

68
Ss. 713.135(5) and (6), F.S.
69 Id.
70
The International Code Council has created two equations to help jurisdictions determine their permit fee schedules. Two factors of
the factors in the equations are the valuation of the construction cost of the project, and the value of all the construction in the
jurisdiction in the previous year. See International Code Council, Building Valuation Data -February 2020,
https://www.iccsafe.org/wp-content/uploads/BVD-BSJ-FE820.pdf (last visited Feb. 21, 2021 ).
71
City of Miami, City of Miami Building Permit Fee Schedule, https://www.miamigov.com/Services/8uitding-Pern1itting/City-of-
Miami-Building-Permit-Fee-Schedule (last visited Feb. 21, 2021); St. Lucie County, Building Permit Fees,
https://www.stlucieco.gov/Home/ShowDocument?id"' l330 (last visited Feb. 21, 2021); City of Seminole, City of Seminole Permit Fee
Schedule, https://www.mysem inole.com/B uilding/Docs/Permit Fees.pdf (last visited Feb. 21, 2021).
72
See The Florida Channel, 1/27/2021 House Regulatory Reform Subcommittee, https://thefloridachannel.org/videos/ 1-27-2 1-house-
regulatory-reform-subcommittee/ (last visited Feb. 19, 2021 ).
73
Article I, section 24(a) of the Florida Constitution sets forth the state's public policy regarding access to government records. This
section guarantees every person a right to inspect or copy any public record made or received in connection with official business of
any public body, including counties, municipalities, and districts. Current law does not contain an exemption from Florida's public
records laws for proprietary business information included in a building permit application. See generally, ch. 119. F.S.
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Section 2. Amending s. 553.73, F.S., allowing the Florida Building Commission to issue advisory
opinions and an "errata to the code" in certain situations.

Section 3. Amending s. 553.77, F.S., conforming a cross-reference.

Section 4. Amending s. 553.79, F.S., prohibiting local governments from requiring contracts in
certain applications for building permits.

Section 5. Amending s. 553.842, F.S., requiring the Commission to adopt criteria for approving
certain entities.

Section 6. Amending s. 125.01, F.S., conforming a cross-reference.

Section 7. Amending s. 125.56, F.S., conforming a cross-reference.

Section 8. Providing an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The Commission may see an increased workload related to establishing a process for accepting
petitions from affected persons and issuing non-binding advisory opinions. However, the workload
should be able to be absorbed within existing resources. 74

The provision allowing the Commission to adopt an "errata to the code" is not anticipated to have a
significant impact on the Commission's processes. 75

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Prohibiting local governments from requiring contracts between owners and builders as a condition to
apply or obtain a building permit may have a positive impact, by preventing certain proprietary
information from becoming public.

D. FISCAL COMMENTS:

74
Department of Business and Professional Regulation, Agency Analysis of2020 HB 459, p. 5 (Nov. 6, 2019).
75
Email from Conner Mann, Legislative Affairs Coordinator, Department of Business and Professional Regulation, HB 40 I Provision,
(Feb. 8, 2021).
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DATE: 2/26/2021
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
This bill may implicate the constitutional single subject rule. Section 6 of Art. Ill of the Florida
Constitution imposes a single subject restriction on laws enacted by the Legislature: "Every law shall
embrace but one subject and matter properly connected therewith .. .. " The Florida Supreme Court
has described the purpose of the single subject rule as twofold. First, it attempts to avoid surprise
and fraud by ensuring that both the public and the legislators involved receive fair and reasonable
notice of the contents of a proposed act. Secondly, the limitation prevents hodgepodge, logrolling
legislation. With regard to the test to be applied by the court in determining whether a particular
provision violates the single subject rule, the fact that the scope of a legislative enactment is broad
and comprehensive is not fatal so long as the matters included in the enactment have a natural or
logical connection .76

The title of the bill is "An act relating to the Florida Building Code." However, section one of the bill
relates to the Department of Health's lifeguard standards for pools serving assisted living facilities,
which may not properly connect to the Florida Building Code.

B. RULE-MAKING AUTHORITY:
The bill requires the Commission to adopt the form for the petition to request a non-binding advisory
opinion, and the directions for filing the form, adopt criteria for approving evaluation entities, and
adopting an "errata to the code." It appears that sufficient rulemaking authority exists in sections
553.76(1) and (4), and 553.842(1), F.S.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill provides that the Commission must adopt criteria for approving product evaluation entities, and
may adopt an "errata to the code." However, it does not specify how the Commission must adopt the
criteria for approving product evaluation entities, and the "errata to the code." The sponsor may want to
clarify that the Commission must adopt such criteria and the "errata to the code" pursuant to the rule
adoption procedures in chapter 120.

According to DOH, assisted living facilities are not required to have lifeguards. They are required to
have direct supervision by an adult who has completed a water safety course. Prohibiting DOH from
requiring assisted living facilities to comply with rules relating to swimming pool lifeguard standards may
not change the requirement to have direct supervision by an adult who has completed water safety
course. 77

76 Franklin v. State, 887 So. 2d 1063 (Fla. 2004).
77
Email from Andrew Love supra note 22.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 401 2021

1 A bill to be entitled
2 An act relating to the Florida Building Code; amending
3 s. 514.0115, F.S.; providing that assisted living
4 facilities are exempt from certain compliance
5 standards; amending s. 553.73, F.S.; authorizing a
6 substantially affected person to file a petition with
7 the Florida Building Commission to review certain
8 local government regulations, laws, ordinances,
9 policies, amendments, or land use or zoning
10 provisions; defining the term "local government";
11 providing requirements for the petition and
12 commission; requiring the commission to issue a
13 nonbinding advisory opinion within a specified
14 timeframe; authorizing the commission to issue errata
15 to the code; providing a definition for the term
16 "errata to the code"; making technical changes;
17 amending s. 553.77, F.S.; conforming a cross-
18 reference; amending s. 553.79, F.S.; prohibiting a
19 local government from requiring certain contracts for
20 the issuance of a building permit; amending s.
21 553.842, F.S.; requiring evaluation entities that meet
22 certain criteria to comply with certain standards;
23 amending ss. 125.01 and 125.56, F.S.; conforming
24 cross-references to changes made by the act; making
25 technical changes; providing an effective date.

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26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Subsections (3) through (8) of section
30 514.0115, Florida Statutes, are renumbered as subsections (4)
31 through (9), respectively, and a new subsection (3) is added to
32 that section, to read:
33 514.0115 Exemptions from supervision or regulation;
34 variances.-
35 (3) Th e depa r tment may not require compliance with rules
36 relating to swimming pool lifeguard standards for pools serving
37 assisted living facilities.
38 Section 2. Subsections (4) and (8) of section 553.73,
39 Florida Statutes, are amended to read:
40 553.73 Florida Building Code.-
41 (4) (a) All entities authorized to enforce the Florida
42 Building Code under pursuant to s. 553.80 shall comply with
43 applicable standards for issuance of mandatory certificates of
44 occupancy, minimum types of inspections, and procedures for
45 plans review and inspections as established by the commission by
46 rule. Local governments may adopt amendments to the
47 administrative provisions of the Florida Building Code, subject
48 to the limitations i n ~ this subsection pa r agr ap h. Local
49 amendments must shall be more stringent than the minimum
50 standards described in this section herein and must shall be

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51 transmitted to the commission within 30 days after enactment.
52 The local government shall make such amendments available to the
53 general public in a usable format. The State Fire Marshal is
54 responsible for establishing the standards and procedures
55 required in this subsection paragraph for governmental entities
56 with respect to applying the Florida Fire Prevention Code and
57 the Life Safety Code.
58 (b) Local governments may, subject to the limitations in
59 e-f this section and not more than once every 6 months, adopt
60 amendments to the technical provisions of the Florida Building
61 Code that which apply solely within the jurisdiction of such
62 government and that which provide for more stringent
63 requirements than those specified in the Florida Building Coder
64 not more than once every 6 months. A local government may adopt
65 technical amendments that address local needs if:
66 1. The local governing body determines, following a public
67 hearing which has been advertised in a newspaper of general
68 circulation at least 10 days before the hearing, that there is a
69 need to strengthen the requirements of the Florida Building
70 Code. The determination must be based upon a review of local
71 conditions by the local governing body, which review
72 demonstrates by evidence or data that the geographical
73 jurisdiction governed by the local governing body exhibits a
74 local need to strengthen the Florida Building Code beyond the
75 needs or regional variation addressed by the Florida Building

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76 Code, that the local need is addressed by the proposed local
77 amendment, and that the amendment is no more stringent than
78 necessary to address the local need.
79 2. Such additional requirements are not discriminatory
80 against materials, products, or construction techniques of
81 demonstrated capabilities.
82 3. Such additional requirements may not introduce a new
83 subject not addressed in the Florida Building Code.
84 (c)4-.- The enforcing agency shall make readily available,
85 in a usable format, all amendments adopted under pursuant to
86 this section.
87 ~.§... Any amendment to the Florida Building Code shall be
88 transmitted within 30 days after adoption by the adopting local
89 government to the commission. The commission shall maintain
90 copies of all such amendments in a format that is usable and
91 obtainable by the public. Local technical amendments are shall
92 not become effective until 30 days after the amendment has been
93 received and published by the commission.
94 J....§.1-6--. An Afty- amendment to the Florida Building Code
95 adopted by a local government under pursuant to this subsection
96 is paragraph shall be effective only until the adoption by the
97 co'fflffliooion of the new edition of the Florida Building Code .e_y
98 the commission every third year. At such time, the commission
99 shall review such amendment for consistency with the criteria in
100 paragraph (9) (a) and adopt such amendment as part of the Florida

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101 Building Code or rescind the amendment. The commission shall
102 immediately notify the respective local government of the
103 rescission of any amendment. After receiving such notice, the
104 respective local government may readopt the rescinded amendment
105 under pursuant to the provisions of this subsection paragraph.
106 J..!l+.- Each county and municipality desiring to make local
107 technical amendments to the Florida Building Code shall l9y
108 intcrlocal agreement establish by interlocal agreement a
109 countywide compliance review board to review any amendment to
110 the Florida Building Code that is7 adopted by a local government
111 within the county under pursuant to this subsection and
112 paragraph , that is challenged by~ -a-n-y substantially affected
113 party for purposes of determining the amendment's compliance
114 with this subsection paragraph. If challenged, the local
115 technical amendments are shall not become effective until the
116 time for filing an appeal under paragraph (g) pursuant to
117 subparagraph 8. has expired or, if there is an appeal, until the
118 commission issues its final order determining if the adopted
119 amendment is in compliance with this subsection.
120 J...91-8--. If the compliance review board determines such
121 amendment is not in compliance with this subsection paragraph,
122 the compliance review board shall notify such local government
123 of the noncompliance and that the amendment is invalid and
124 unenforceable until the local government corrects the amendment
125 to bring it into compliance. The local government may appeal the

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126 decision of the compliance review board to the commission. If
127 the compliance review board determines that such amendment i s ~
128 ee in compliance with this subsection paragraph , any
129 substantially affected party may appeal such determination to
130 the commission. Any such appeal must shall be filed with the
131 commission within 14 days after e4'. the board's written
132 determination. The commission shall promptly refer the appeal to
133 the Division of Administrative Hearings by electronic means
134 through the division's website for the assignment of an
135 administrative law judge. The administrative law judge shall
136 conduct the required hearing within 30 days after being assigned
137 to the appeal, and shall enter a recommended order within 30
138 days after e4'. the conclusion of such hearing. The commission
139 shall enter a final order within 30 days after an order is
140 rendered thereafter. The provisions of Chapter 120 and the
141 uniform rules of procedure shall apply to such proceedings. The
142 local government adopting the amendment that is subject to
143 challenge has the burden of proving that the amendment complies
144 with this subsection paragraph in proceedings before the
145 compliance review board and the commission, as applicable.
146 Actions of the commission are subject to judicial review under
147 pursuant to s. 120.68. The compliance review board shall
148 determine whether its decisions apply to a respective local
149 jurisdiction or apply countywide.
150 J.bl-9--.- An amendment adopted under this subsection paragraph

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151 must shall include a fiscal impact statement that which
152 documents the costs and benefits of the proposed amendment.
153 Criteria for the fiscal impact statement shall include the
154 impact to local government relative to enforcement and7 the
155 impact to property and building owners and, as well as to
156 industryT relative to the cost of compliance. The fiscal impact
157 statement may not be used as a basis for challenging the
158 amendment for compliance.
159 J.il-:1:-G--. In addition to paragraphs (f) and (g) subparagraphs
160 7. and 9., the commission may review any amendments adopted
161 under pursuant to this subsection and make nonbinding
162 recommendations related to compliance of such amendments with
163 this subsection.
164 lil_-te+ Any amendment adopted by a local enforcing agency
165 under pursuant to this subsection may shall not apply to state
166 or school district owned buildings, manufactured buildings or
167 factory-built school buildings approved by the commission, or
168 prototype buildings approved under pursuant to s. 553.77(3). The
169 respective responsible entities shall consider the physical
170 performance parameters substantiating such amendments when
171 designing, specifying, and constructing such exempt buildings.
172 ~+a+- A technical amendment to the Florida Building Code
173 related to water conservation practices or design criteria
174 adopted by a local government under pursuant to this subsection
175 is not rendered void when the code is updated if the technical

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176 amendment is necessary to protect or provide for more efficient
177 use of water resources as provided ins. 373.621. However, any
178 such technical amendment carried forward into the next edition
179 of the code under pursuant to this paragraph is subject to
180 review or modification as provided in this part.
181 (1) If a local government adopts a regulation, law,
182 ordinance, policy, amendment, or land use or zoning provision
183 without using the process established in this subsection, and a
184 substantially affected person considers such regulation, law,
185 ordinance, policy, amendment, or land use or zoning provision to
186 be a technical amendment to the Florida Building Code, then the
187 substantially affected person may submit a petition to the
188 commission for a nonbinding advisory opinion. If a substantially
189 affected person submits a request in accordance with this
190 p arag rap h, the commission shall issue a nonbinding advisor y
191 opinion stating whet her or not the commission interprets the
192 re gulation, law, ordinance, policy, amendment, or land use or
193 zoning provision as a technical amendment to the Florida
194 Buildi ng Code. As used in this paragraph, the term "local
195 government" means a count y , municipalit y , special district, or
196 p olitical subdivision of the state.
197 1. Requests to review a local government regulation, law,
198 ordinance, policy, amendment, or land use or zoning provision
199 may be initiated by any substantially affected person. A
200 substantiall y affected p erson includes an owner or builder

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201 subject to the regulation, law, ordinance, policy, amendment, or
202 land use or zoning provision, or an association of owners or
203 builders having members who are subject to the regulation, law,
204 ordinance, policy, amendment, or land use or zoning provision.
205 2. In order to initiate a review, a substantially affected
206 person must file a petition with the c ommission. The commission
207 shall adopt a form for the petition and directions for filing,
208 which shall be published on the Building Code Information
209 System. The form shall, at a minimum, require the following:
210 a. The name of the local government that enacted the
211 regulation, law, ordinance, policy, amendment, or land use or
212 zoning provision.
213 b. The name and address of the local government's general
214 counsel or administrator.
215 c. The name, address, and telephone number of the
216 petitioner; the name, address, and telephone number of the
217 petitioner's representative, if any; and an exp lanation of how
218 the petitioner's substantial interests are being affected by the
219 regulation, law, ordinance, policy, amendment, or land use or
220 zoning provision.
221 d. A statement explaining why the regulation, law,
222 ordinance, policy, amendment, or land use or zoning provision is
223 a technical amendment to the Florida Building Code, and which
224 provisions of the Florida Building Code, if any, are being
225 amended by the regulation, law, ordinance, policy, amendment, or

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226 land use or zoning provision.
227 3. The petitioner shall serve the petition on the local
228 government's general counsel or administrator by certified mail,
229 return receipt requested, and send a copy of the petition to the
230 commission, in accordance with the commission's published
231 directions. The local government shall respond to the petition
232 in accordance with the form by certified mail, return receipt
233 requested, and send a copy of its response to the commission,
234 within 14 days after receipt of the petition, including
235 Saturdays, Sundays, and legal holidays.
236 4. Upon receipt of a pet i tion that meets the requirements
237 of this paragraph, the commission shall publish the petition,
238 including any response submitted by the local government, on the
239 Building Code Information System in a manner that allows
240 interested persons to address the issues by posting comments.
241 5. Before issuing an advisory opinion, the commission
242 shall consider the petition , the response , and any comments
243 posted on the Building Code Information System. The commission
244 may also provide the petition , the response , and any comments
245 posted on the Building Code Information System to a technical
246 advisory committee, and may consider any recommendation provided
247 by the technical advisory committee. The commission shall issue
248 an advisory opinion stating whether the regulation, law,
249 ordinance, policy, amendment, or land use or zoning provision is
250 a technical amendment to the Florida Building Code within 30

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251 days after the filing of the petition, including Saturdays,
252 Sundays , a nd legal ho l idays. The c omm i ss i on sha l l pub l ish its
253 advisory opinion on the Building Code Information System and in
254 the Florida Administrative Register. The commission's advisory
255 opinion is nonbinding and is not a declaratory statement under
256 s. 120.565.
257 (8) Notwithstanding subsection (3) or subsection (7), the
258 commission may address issues identified in this subsection by
259 amending the code under pursuant to the rule adoption procedures
260 in chapter 120. Updates to the Florida Building Code, including
261 provisions contained in referenced standards and criteria which
262 relate to wind resistance or the prevention of water intrusion,
263 may not be amended under pursuant to this subsection to diminish
264 those standards; however, the commission may amend the Florida
265 Building Code to enhance such standards. Following the approval
266 of any amendments to the Florida Building Code by the commission
267 and publication of the amendments on the commission's website,
268 authorities having jurisdiction to enforce the Florida Building
269 Code may enforce the amendments.
270 l.§1 The commission may approve amendments that are needed
271 to address:
272 1.-+a-)- Conflicts within the updated code;
273 2.-fe+- Conflicts between the updated code and the Florida
274 Fire Prevention Code adopted under pursuant to chapter 633;
275 ~+e+ Unintended results from the integration of

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276 previously adopted amendments with the model code;
277 !...:_+El+ Equivalency of standards;
278 2.:._-te+ Changes to or inconsistencies with federal or state
279 law; or
280 ~-ff+- Adoption of an updated edition of the National
281 Electrical Code if the commission finds that delay of
282 implementing the updated edition causes undue hardship to
283 stakeholders or otherwise threatens the public health, safety,
284 and welfare.
285 (bl The commission may issue errata to the code to correct
286 demonstrated errors in provisions contained within the Florida
287 Building Code. The determination of such errors and the issuance
288 of errata to the code must be approved by a 75 percent
289 supermajority vote of the commission. For purposes of this
290 paragraph, "errata to the code" means a list of errors on
291 current and previous editions of the Florida Building Code.
292 Section 3. Subsection (7) of section 553.77, Florida
293 Statutes, is amended to read:
294 553.77 Specific powers of the commission.-
295 (7) Building officials shall recognize and enforce
296 variance orders issued by the Department of Health under s .
297 514.0115(9) pursuant to s. 514 . 0115(8), including any conditions
298 attached to the granting of the variance.
299 Section 4. Paragraph (d) is added to subsection (1) of
300 section 553.79, Florida Statutes, to read:

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HB 401 2021

301 553.79 Permits; applications; issuance; inspections.-
302 (1)

303 (d) A local government may not require a contract between
304 a builder and an owner for the issuance of a building permit or
305 as a requirement for the submission of a building permit
306 application.
307 Section 5. Paragraph (a) of subsection (8) of section
308 553.842, Florida Statutes, is amended to read:
309 553.842 Product evaluation and approval.-
310 (8) The commission may adopt rules to approve the
311 following types of entities that produce information on which
312 product approvals are based. All of the following entities,
313 including engineers and architects, must comply with a
314 nationally recognized standard demonstrating independence or no
315 conflict of interest:
316 (a) Evaluation entities approved under pursuant to this
317 paragraph or that meet the criteria for approval adopted by the
318 commission by rule. The commission shall specifically approve
319 the National Evaluation Service, the International Association
320 of Plumbing and Mechanical Officials Evaluation Service, the
321 International Code Council Evaluation Services, Underwriters
322 Laboratories, LLC, Intertek Testing Services NA, Inc., and the
323 Miami-Dade County Building Code Compliance Office Product
324 Control Division. Architects and engineers licensed in this
325 state are also approved to conduct product evaluations as

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HB 401 2021

326 provided in subsection (5).
327 Section 6. Paragraph (bb) of subsection (1) of section
328 125.01, Florida Statutes, is amended to read:
329 125.01 Powers and duties.-
330 (1) The legislative and governing body of a county shall
331 have the power to carry on county government. To the extent not
332 inconsistent with general or special law, this power includes,
333 but is not restricted to, the power to:
334 (bb) Enforce the Florida Building Code, as provided ins.
335 553.80, and adopt and enforce local technical amendments to the
336 Florida Building Code as provided ins. 553.73(4) , pursuant to
337 o. 553.73 (4) (b) and (c).
338 Section 7. Subsection (1) of section 125.56, Florida
339 Statutes, is amended to read:
340 125.56 Enforcement and amendment of the Florida Building
341 Code and the Florida Fire Prevention Code; inspection fees;
342 inspectors; etc.-
343 (1) The board of county commissioners of each of the
344 several counties of the state may enforce the Florida Building
345 Code and the Florida Fire Prevention Code, as provided in ss.
346 553.80, 633.206, and 633.208, and, at its discretion, adopt
347 local technical amendments to the Florida Building Code as
348 provided ins . 553.73(4), pursuant to s. 553.73H) (b) and (c)
349 and local technical amendments to the Florida Fire Prevention
350 Code as provided in , pursuant to s. 633.202, to provide for the

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HB 401 2021

351 safe construction, erection, alteration, repair, securing, and
352 demolition of any building within its territory outside the
353 corporate limits of any municipality. Upon a determination to
354 consider amending the Florida Building Code or the Florida Fire
355 Prevention Code by a majority of the members of the board of
356 county commissioners of such county, the board shall call a
357 public hearing and comply with the public notice requirements of
358 s. 125.66(2). The board shall hear all interested parties at the
359 public hearing and may then amend the building code or the fire
360 code consistent with the terms and purposes of this act. Upon
361 adoption, an amendment to the code shall be in full force and
362 effect throughout the unincorporated area of such county until
363 otherwise notified by the Florida Building Commission under
364 pursuant to s. 553.73 or the State Fire Marshal under pursuant
365 -t-e s. 633.202. This subsection does not ~1othing herein contained
366 shall be construed to prevent the board of county commissioners
367 from repealing such amendment to the building code or the fire
368 code at any regular meeting of such board.
369 Section 8. This act shall take effect July 1, 2021.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 535 Electronic Dissemination of Commercial Recordings and Audiovisual Works
SPONSOR(S): Busatta Cabrera
TIED BILLS: IDEN./SIM. BILLS: SB 1542

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead cf!.a.-.
2) Civil Justice & Property Rights Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS

The True Origin of Digital Goods Act (act) requires owners or operators of websites that electronically
disseminate commercial recordings or audiovisual works to Florida consumers to clearly post on the website
and make readily accessible to a consumer using or visiting the website the following information:
• The true and correct name of the operator or owner;
• The operator or owner's physical address; and
• The operator or owner's telephone number or e-mail address.

"Electronic dissemination" means initiating a transmission of, making available, or otherwise offering a
commercial recording or audiovisual work for distribution through the Internet or other digital network,
regardless of whether another person has previously electronically disseminated the same commercial
recording or audiovisual work.

The bill amends the definition of "electronic dissemination" to include "display" and "performance" in order to
require a person who owns or operates a streaming service dealing in commercial recordings and audiovisual
works to post their identifying information on the website .

The bill provides an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0535.RRS.D0CX
DATE: 2/25/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A EFFECT OF PROPOSED CHANGES:

True Origin of Digital Goods Act

The True Origin of Digital Goods Act (act) requires owners or operators of websites that electronically
disseminates commercial recordings or audiovisual works to Florida consumers to clearly post on the
website and make readily accessible to a consumer using or visiting the website the following
information:1
• The true and correct name of the operator or owner;
• The operator or owner's physical address; and
• The operator or owner's telephone number or e-mail address.

"Electronic dissemination" in the act means initiating a transmission of, making available, or otherwise
offering a commercial recording or audiovisual work for distribution through the Internet or other digital
network, regardless of whether another person has previously electronically disseminated the same
commercial recording or audiovisual work. 2

The act does not protect copyrighted material, but rather governs "commercial recordings or
audiovisual works," which are defined broadly to include a recording or audiovisual work whose owner,
assignee, authorized agent, or licensee has disseminated or intends to disseminate such work for sale,
rental, or performance or exhibition to the public, regardless of whether the person seeks commercial
advantage or private financial gain from the dissemination. The act appears to apply to websites that
disseminate copyrighted material as well as any disseminated recording or audiovisual work,
regardless of the disseminator's intent to seek commercial advantage or financial gain from the work. 3

The act gives a right to injunctive relief for owners, assignees, authorized agents, or licensees of a
commercial recording or audio visual work whose work appears on a website that has not posted
identifying information in violation of the act. Before initiating the civil action provided for in the act, the
aggrieved party must "make reasonable efforts" to place an individual alleged to be in violation of the
section on notice that the owner or operator may be in violation of the act, and that failure to cure the
violation within 14 days may result in civil action . The prevailing party may also obtain necessary
expenses and reasonable attorney fees. These remedies are available as a supplement to other state
and federal criminal and civil law provisions. 4

The act authorizes the court to make appropriate orders to compel compliance with the act upon motion
of the party instituting the action.5

The act exempts:
• providers of interactive computer services, communication services , commercial mobile
services, information services that provide transmission, storage, or caching of electronic
communications or other related telecommunications service, and commercial mobile radio
services; 6 and

1 S. 501 .155(4)(a), F.S.
2
S. 501 .155(3)(b), F.S.
3 S. 501 .155(3)(a), F.S.
4 S. 501 .155(5), F.S.

5 /d.
6 S. 501 .155(2)(b), F.S.
STORAGE NAME: h0535.RRS.D0CX PAGE: 2
DATE: 2/25/2021
• commercial recordings and audiovisual works that are video games, depictions of video game
play, and streaming of video game activity. 7

Streaming Services

Generally, a streaming service is an online provider of entertainment, including music and movies, that
delivers the content via an Internet connection to a user or subscriber's computer, television, or mobile
device. 8

Effect of the Bill

The bill amends the definition of "electronic dissemination" to read: "initiating a transmission of, making
available, or otherwise offering a commercial recording or audiovisual work for distribution, display, or
performance through the Internet or other digital network, regardless of whether another person has
previously electronically disseminated the same commercial recording or audiovisual work."

Therefore, the bill requires a person who owns or operates a streaming service dealing in commercial
recordings and audiovisual works, not subject to an exemption, to post their identifying information on
the website.

The bill provides an effective date of July 1, 2021 .

B. SECTION DIRECTORY:
Section 1: Amends s. 501.155, F.S.; requiring certain notice requirements on websites that offer
certain recordings and work for display or performance.
Section 2: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may allow more owners, assignees, authorized agents, or licensees of a commercial recording
or audio visual work to initiate actions based on improper notice.

7 S. 501 .155(3)(a), F.S.
8 PC Mag Digital Group, Streaming Service, https://www.pcmag.com/encyclopedia/term/streaming-service (last visited

Feb. 25, 2021).
STORAGE NAME: h0535.RRS .D0CX PAGE: 3
DATE: 2/25/2021
D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
None.

2. Other:
For a court to exercise jurisdiction over a respondent, it must have subject matter jurisdiction and
personal jurisdiction. 9 A non-resident respondent may have sufficient contacts with Florida if he or
she commits acts expressly enumerated in Florida's long-arm statute_ Io Alternately, the non-resident
respondent may be subject to a Florida court's personal jurisdiction because he or she has minimum
contacts with the state that are otherwise unrelated to matter that brings him or her into court. II

Whether a non-resident internet company that electronically disseminates commercial recordings or
audiovisual works into Florida has sufficient minimum contacts with the state is a fact-specific
question that would likely need to be addressed on a case-by-case basis by a court.

Content-neutral regulations are legitimate if they advance important governmental interests that are
not related to suppression of free speech, and do not substantially burden more speech than
necessary to further those interests. 12 However, a law may be determined to be overbroad if a
"substantial number of its applications are unconstitutional, judged in relation to the statute's plainly
legitimate sweep." 13

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

9 Caiazzo v. American Royal Arts Corp., 73 So. 3d 245, 250 (Fla. 4th DCA 2011 ).

10 Id;§ 48.193, F.S.
11 Caiazzo v. American Royal Arts Corp., 73 So. 3d 245, 250 (Fla. 4th DCA 2011 ).
12 Turner Broadcasting System, Inc. v. F.C.C., 520 U.S. 180,189 (U.S. 1997).
13 U.S. v.Stevens, 559 U.S. 460 (2010), quoting, Washington State Grange v. Washington State Republican Party, 552
U.S. 442, 449, n. 6, (2008).
STORAGE NAME: h0535.RRS.D0CX PAGE: 4
DATE: 2/25/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 535 2021

1 A bill to be entitled
2 An act relating to electronic dissemination of
3 commercial recordings and audiovisual works; amending
4 s. 501.155, F.S.; revising the definition of the term
5 "electronic dissemination"; providing an effective
6 date.
7

8 Be It Enacted by the Legislature of the State of Florida:
9

10 Section 1. Paragraph (b) of subsection (3) of section
11 501.155, Florida Statutes, is amended to read:
12 501.155 Electronic dissemination of commercial recordings
13 or audiovisual works; required disclosures; injunctive relief.-
14 (3) DEFINITIONS.-As used in this section, the term:
15 (b) "Electronic dissemination" means initiating a
16 transmission of, making available, or otherwise offering a
17 commercial recording or audiovisual work for distributionL
18 display, or performance through the Internet or other digital
19 network, regardless of whether another person has previously
20 electronically disseminated the same commercial recording or
21 audiovisual work.
22 Section 2. This act shall take effect July 1, 2021.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 585 Payment for Construction Services
SPONSOR(S): DiCeglie
TIED BILLS: IDEN./SIM. BILLS: CS/SB 378

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Brackett (}{1 Anstead~

2) Civil Justice & Property Rights Subcommittee

3) State Administration & Technology
Appropriations Subcommittee

4) Commerce Committee

SUMMARY ANALYSIS
Current law requires prompt payments to parties for construction services, and requires interest to accrue to
amounts owed for construction services if the state, a local government, or private party fails to timely make
payments for such services. The calculation of interest is set by statute or determined by the contract. Interest
also accrues to amounts owed if a contractor receives payment for labor, services, or materials, and the
contractor fails to make timely payments for such labor, services, or materials.

If a person receives payment for labor, services, or materials for construction work on private real property, and
the person knowingly and intentionally fails to make undisputed payments for labor, services, or materials, in
accordance with the contract, the person commits misapplication of construction funds. Misapplication of
construction funds is a felony, the degree of which is determined by the amount of unpaid funds.

Construction contractors are certified by or registered with the Construction Industry Licensing Board (GILB)
housed within the Department of Business and Professional Regulation. Certified contractors can practice
statewide and are licensed and regulated by the GILB. Registered contractors are licensed and regulated by a
local jurisdiction and may practice within that locality.

The bill :
• Increases the interest rate from 1 percent per month to 2 percent per month for untimely payments for
construction services by the state or local governments;
• Increases the interest rate for untimely payments for private construction services from the interest rate
payable on judgments to the interest rate payable on judgments plus 1 percent;
• Provides that a party who receives payment from the state, any local government, or public authority for
a public works construction project that knowingly and intentionally fails to pay the undisputed contract
obligations to another party commits misapplication of construction funds;
• Clarifies that the GILB may discipline a contractor for committing misapplication of construction funds;
and
• Requires the GILB to suspend a contractor's licenses for a minimum of one year if the GILB determines
the contractor committed misapplication of construction funds.

The bill applies to contracts executed on or after July 1, 2021 .

The bill may have an indeterminate negative fiscal impact on state and local governments. See Fiscal
Comments.

The bill has an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0585.RRS.D0CX
DATE: 2/27/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Prompt Payment Act for Local Governments - Current Situation

Part VII of ch. 218, F.S., is known as the "Local Government Prompt Payment Act." The purpose of the
act is to provide for prompt payments by local governments, apply interest on late payments made by
local governments, and establish a dispute resolution process for contested payments. 1

The Act defines "local government entity," as a county or municipal government, school board, school
district, authority, special taxing district, other political subdivision, or any office, board, bureau,
commission, department, branch, division, or institution thereof. 2

Current law provides that when a local government entity enters into a contract for construction
services 3 with a contractor, 4 the local government entity must identify the agent, 5 employee, facility, or
office who is to receive the contractor's payment request or invoices. 6

Every local government entity must establish procedures so that every payment request or invoice
received by the local government entity is marked as received on the date on which it is delivered to an
agent or employee of the local government entity, or a facility or office of the local governmental entity. 7

When a contractor submits a payment request or invoice, the local government entity must make the
payment within: 8

• 25 business days after the date on which the payment request or invoice is stamped, if an agent
must approve the invoice before it is submitted to the entity for payment;
• 20 business days after the date the payment request or invoice is stamped, if an agent is not
required to approve the invoice.

If payment is not received by the due date, the contractor can send an overdue notice to the local
government entity. After four business days of delivering the overdue notice, if the invoice is not
rejected, the invoice will be considered undisputed, except for any amounts that are fraudulent or
misleading. 9

If the payment request or invoice does not meet the contract requirements, the local government entity
must provide the contractor with a written rejection specifying the deficiency and action needed to
rectify, within 20 business days of receipt of the payment request or invoice. 10

I Id.
2
S. 218.72(5), F.S.
3
"Construction services" is defined as all labor, services, and materials provided in connection with the construction, alteration,
repair, demolition, reconstruction, or other improvements to real property. S. 218.72(2), F.S.
4
"Contractor" means the person who contracts directly with a local governmental entity to provide construction services." S.
218.72(3), F.S.:
5
"Agent" means the project architect, project engineer, or other agency or person acting on behalf of the local governmental entity. S.
218.72, F.S.
6
S. 218.735(1), F.S.
7
S. 218.74(1 ), F.S.
8
S. 218.72(1), F.S.
9
S. 218.735(1), F.S.
10
S. 218.735(2), F.S.
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DATE: 2/27/2021
If a contractor submits a corrected payment request or invoice, the local government entity must pay or
dispute the request within: 11

• Ten business days after the date the corrected payment request or invoice is stamped as
received; or
• the first business day after the local government entity's next regularly scheduled meeting, if the
local governmental entity is required by ordinance, charter, or other law to approve or reject the
corrected payment request or invoice.

If a local government entity cannot resolve a dispute with the contractor then the dispute must be
resolved by the dispute resolution established in the contract or a dispute resolution procedure
established by the local government entity. 12

When payment is received by a contractor from a local government entity for labor, services, or
materials furnished by subcontractors or suppliers, the payment is due to those subcontractors and
suppliers within 10 days of the contractor receiving the payment from the local government entity. 13

If a subcontractor utilizes sub-subcontractors or suppliers, payment to those parties is due within 7 days
of the subcontractor receiving payment. 14

Contractors and subcontractors may dispute a party's invoice as long as the contractor or subcontractor
notifies the party in writing of the amount in dispute and the actions required to resolve the dispute.
However, any undisputed amounts are required to be paid within the required time-periods. 15

In an action to recover amounts due for construction services purchased by a local government entity, a
court must award court costs and reasonable attorney's fees to the prevailing party. 16

Any payment for construction services that is not made within the required time-period accrues interest
at a rate of 1 percent per month, or the rate specified by contract, whichever is greater. A local
government entity may not prohibit late interest charges in a contract with a vendor or provider of
construction services. 17

Prompt Payment Act for Local Governments - Effect of the Bill

The bill increases the interest rate for untimely payments for construction services to 2 percent per
month, or the rate specified by contract, whichever is greater.

Prompt Payment Act for State Construction Projects - Current Situation

Sections 255.0705 - 255.078, F.S., are known as the Florida Prompt Payment Act. The act governs the
timely payment for construction services 18 by a public entity, except construction services for the
Department of Transportation. 19 Public entity means the state, or any office, board, bureau,
commission, department, branch, division, or institution thereof. 20

II S. 218.735(3), F.S.
12
S. 218.735(4), F.S.
13
S. 218.735(6), F.S.
14 Id.
1s Id.
16
S. 218.76(3), F.S.
17
Ss. 218.735(9), and 218.75, F.S.
18
"Construction Services" means all labor, services, and materials provided in connection with the construction, alteration, repair,
demolition, reconstruction, or any other improvements to real property. The term "construction services" does not include contracts or
work performed for the Department of Transportation. S. 255.072(2), F.S.
19
S. 255.072(2), F.S.
20
S. 255.072(5), F.S.
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DATE: 2/27/2021
Every public entity must establish procedures so that every payment request or invoice from a
contractor, 21 which received by the public entity, is marked as received on the date on which it is delivered
to an agent, 22employee, facility, or office of the local governmental entity. 23

Upon receipt of a contractor's invoice or payment, a public entity must maintain: 24

• the date of the receipt of the invoice or payment;
• the date of receipt of the provided goods and services; and
• the date of inspection and approval the goods and services .

Approval and inspection of goods or services shall take no longer than 5 working days unless the bid
specifications, purchase order, or contract specifies otherwise. The latter of these days is the "prompt
pay start date." 25

The public entity must submit the contractor's invoice or payment request, the entity's receipt of the goods
and services, and its inspection and approval of the goods or services to the Chief Financial Officer
(CFO). The CFO is a member of the Cabinet and serves as the chief fiscal officer of the state, and agency
head of the Department of Financial Services (DFS). 26 The public entity must submit this information
within 20 days of the prompt pay start date. 27

Upon receipt of the contractor's invoice or payment, DFS must approve or deny the payment application
within 10 days, unless exceptional circumstances require a longer period. If the 10-day period contains
fewer than 6 business day, DFS may approve or deny the payment within 6 business day. 28 If payment
is not issued within 40 days of the prompt payment start date, interest beings to accrue. 29

A public entity may dispute any payment. However, the public entity must pay any undisputed amounts.
Disputes must be resolved in accordance with rules developed and adopted by the Chief Justice for the
judicial branch, and rules adopted by the Department of Financial Services or in a formal administrative
proceeding before an administrative law judge of the Division of Administrative Hearings for state
agencies. 30

When payment is received by a contractor from a public entity for labor, services, or materials furnished
by subcontractors or suppliers, the payment is due to those subcontractors and suppliers within 10
days of the contractor receiving the payment from the local government entity. 31 If a subcontractor
utilizes sub-subcontractors or suppliers, payment to those parties is due within 7 days of the
subcontractor receiving payment. 32

21
"Contractor" means any person who contracts directly with a public entity to provide construction services. S. 255.072(3), F.S.
22
"Agent" means project architect, project engineer, or any other agency or person acting on behalfofa public entity. S. 255.072(1),
F.S.
23
S. 255.074(1), F.S.
24
Ss. 215.422(1) and (3), F.S.; ChiefFinancial Officer, Payment Processing October 2013,
https://www .myfloridacfo.com/Division/aa/documents/2013-PaymentProcessOverviewfinal.pdf (last visited Feb. 27, 2021 ).
2s Id.
26
Art. IV, s. 4, Fla. Const.; Ch. 17, F.S.
27
S. 215.422(1), F.S.
28
Ss. 215.422(1) and (2), F.S.
29
S. 215.422(3), F.S.
30
Ss. 215.422(3), and 255.073(2), F.S.
31
S. 255.073(3), F.S.
32 Id.
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DATE: 2/27/2021
actions required to rectify the dispute must be included in the rejection. However, any undisputed
amounts are required to be paid within the outlined time limits. 33

In an action to recover amounts due for construction services purchased by a public entity, a court must
award court costs and reasonable attorney's fees, if the court finds that the non prevailing party withheld
any portion of the payment that is the subject of the action without any reasonable basis in law or fact to
dispute the prevailing party's claim to those amounts. 34

Any payment for construction services that is not made within the required time-period accrues interest
at a rate of 1 percent per month. 35 A public entity may not prohibit late interest charges in a contract
with a vendor or provider of construction services. 36

Prompt Payment Act for State Construction Projects - Effect of the Bill

The bill increases the interest rate for untimely payments for construction services to 2 percent per
month.

Prompt Payment Law for Private Construction Projects - Current Situation

Section 715.12, F.S., is the Construction Contract Prompt Payment Law. It defines an "obliger'' as an
owner, contractor, subcontractor, or sub-subcontractor who has an obligation to make payments under
a written construction contract. The act defines "obligee" as a contractor, subcontractor, sub-
subcontractor, or materialman who is entitled to receive payments under a written construction
contract. 37

An obligee is entitled to payment for his or her construction services, labor, or materials when all the
following events have occurred: 38

• The obligee is entitled to payment at the time and under the terms specified in the contract
between the obliger and the obligee;
• The obligee has furnished the obliger with a written request for payment;
• The obliger, except an owner, has been paid for the obligee's labor, services, or materials
described in the obligee's request for payment by the person immediately above the obliger in
the chain of contracts; and
• The obligee has furnished the obliger with all affidavits or waivers required for the owner to
make proper payments under the construction lien law. 39

Beginning 14 days after a payment is due, any payment, except payments withheld pursuant to a good
faith dispute or retained in accordance with the contract, bears interest at the rate of interest payable on
judgments or the rate specified in the contract, whichever is greater. 40

33
S. 255.073(3), F.S.
34
S. 255.076, F.S.
35
S. 255.073(4), F.S.
36
S. 255.075, F.S.
37
Ss. 715.12(1) and (3), F.S.
38
S. 715.12(4), F.S.
39
The construction lien law requires various notices, demands, and requests to be provided in writing to the homeowner, contractor,
subcontractor, lender, and building officials. Florida law requires that some notices, demands, and requests be in the statutory form
provided in statute, while others do not have to be in the statutory form. The following notices are required by the act: Notice of
Commencement, Notice to Owner, Claim of Lien, Notice of Termination, Waiver or Release of Lien, Notice of Contest of Lien,
Contractor's Final Payment Affidavit, and Demands of Written Statement of Account. See Ch. 713, part I, F.S.
40
Ss. 715.12(5) and (6)(a), F.S.
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An obligee may not waive the right to receive interest before a payment is due under a contract subject
to this section. However, an obligee may waive the interest due on any late payment on or after the
date the payment is due. 41

The CFO sets the rate of interest on judgments. The CFO adjusts the rate quarterly beginning January
1 and on April 1, July 1, and October 1. The CFO sets the rate by averaging the discount rate of the
Federal Reserve Bank of New York for the preceding 12 months, then adding 400 basis points to the
averaged federal discount rate. 42 The current interest rate is 4.81 % per annum or .0131781 % per day. 43

Prompt Payment Law for Private Construction Projects - Effect of the Bill

The bill increases the interest rate for untimely payments for private construction services to the interest
rate payable on judgments plus 1 percent, or the rate specified by contract, whichever is greater.

Misapplication of Construction Funds - Current Situation

Current law requires any person who receives payment for performing construction work to pay any
amounts for labor, services, or materials provided for the construction work in accordance with the
contract for such labor, services, or materials, unless there is a bona fide dispute regarding the amount
due or the terms of the contract allow for retention of such funds. 44

Any person who receives a payment for construction work to private or public real property must pay, in
accordance with the contract terms, the undisputed contract obligations for labor, services, or materials
provided for such construction work. If a person fails to do so within 30 days, any person providing
labor, services, or materials for improvements to real property may file a civil complaint. Remedies for
such a complaint include: 45

• An accounting of the use of any such payment from the person who received such payment;
• A temporary injunction against the person who received the payment, subject to certain bond
requirements;
• Prejudgment attachment against the person who received the payment; and
• Such other legal or equitable remedies as may be appropriate.

Misapplication of construction funds is a crime committed by a person who receives payment for
performing construction work on private property and knowingly and intentionally fails to pay any
amounts owed for labor, services, or materials, in accordance with the contract terms, unless there is a
bona fide dispute regarding the amount due. Misapplication of construction funds is punishable as: 46

• a first degree felony if the amount of misapplied payments has an aggregate value of $100,000
or more;
• a second degree felony if the amount of misapplied payments has an aggregate value of $1,000
or more;
• a third degree felony if the amount of misapplied payments has an aggregate value of less than
$1,000.

41
S. 715.125(6)(d), F.S.
42
S. 55.03(1), F.S.
43
Chief Financial Officer, Current Judgment Interest Rates, https://www.myfloridacfo.com/division/aa/localgovernments/current.htrn
(last visited Feb. 27, 2021 ).
44
Ss. 255.071(1), and 713.346(1), F.S.
45
Ss. 255.071(4), and 713.346(4), F.S.
46
S. 713.345(1), F.S.
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There is permissive inference that a person knowingly and intentionally misapplied construction funds
when: 47

• a valid lien has been recorded against the property of an owner for labor, services, or materials;
• the person who ordered the labor, services, or materials has received sufficient funds to pay for
such labor, services, or materials; and
• the person has failed, for a period of at least 45 days from receipt of the funds, to remit sufficient
funds to pay for such labor, services, or materials, except for funds withheld pursuant to a bona
fide dispute regarding the amount due or the terms of the contract allow for retention of such
funds.

If a state attorney or statewide prosecutor files an indictment or information charging a licensed
contractor with misapplication of construction funds, the state attorney or statewide prosecutor must
provide a copy of the indictment or information to the Department of Business and Professional
Regulation (DBPR). 48

The DBPR must promptly open an investigation into the matter and, if probable cause is found, must
furnish a copy of any investigative report to the state attorney or statewide prosecutor who provided the
indictment or information and to the owner of the property, which is the subject of the investigation. 49

Contractors

The Legislature has determined that it is "necessary in the interest of the public health, safety, and
welfare" to regulate the construction, electrical, and alarm system industry.50

Construction contractors are either certified by or registered with the Construction Industry Licensing
Board (GILB). The GILB is housed in DBPR and consists of 18 members who are appointed by the
Governor and confirmed by the Senate. The GILB is responsible for licensing, regulating, and
disciplining certified construction contractors. Electrical contractors and alarm system contractors are
certified by or registered with the Electrical Contractors' Licensing Board (ECLB). The ECLB is also
housed in DBPR consists of 11 members who are appointed by the Governor and confirmed by the
Senate. The ECLB is responsible for licensing, regulating, and disciplining certified electrical and alarm
system contractors. 51

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are permitted to practice in any
jurisdiction in the state. 52

"Registered contractors" are individuals that have taken and passed a local competency examination
and can practice contracting only in the local jurisdiction for which the license is issued. 53 Local
jurisdictions may approve or deny applications for licensure as a registered contractor, review
disciplinary cases, and conduct informal hearings relating to discipline of registered contractors
licensed in their jurisdiction. Registered contractors must register with DBPR after obtaining a local
license from the jurisdiction and comply with local and state statutory obligations. 54

47 fd
48 Id.
49
Id. DBPR has authority, for the professions under its jurisdiction, to investigate any legally sufficient complaint that is in writing.
When DBPR completes its investigation, it must prepare and submit an investigative report to the probable cause panel for the
appropriate board. If probable cause is found, DBPR must file an administrative complaint against the licensee. See 455.225, F.S.
50
s. 489.101, F.S.
51
See generally Ch. 489, F.S.
52
Ss. 489.105, and 489.505, F.S.
53
Ss. 489.103, and 489.505, F.S.
54
Ss. 489.117, 489.131, 489.513, and 489.537, F.S.
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The GILB and the ECLB may take action 55 against a certified contractor if they find the contractor is
guilty of violating the contractor's practice act. Violations include: 56

• Abandoning a construction project;
• Committing financial mismanagement that causes financial harm to a customer;
• Failing to perform any statutory or legal obligation placed upon a licensee;
• Falsely indicating that payment has been made for all subcontracted work, labor, and materials
which results in a financial loss to the owner, purchaser, or contractor;
• Being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of
adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the
ability to practice contracting; or
• Proceeding on a job without obtaining applicable local building department permits and
inspections.

The GILB and ECLB must adopt disciplinary guidelines for each disciplinary action, which may be
imposed by the CILB or ECLB. The disciplinary guidelines must specify a meaningful range of
designated penalties based upon the severity and repetition of specific offenses, it being the legislative
intent that minor violations be distinguished from those which endanger the public health, safety, or
welfare. 57

The list of violations in the practice acts for construction contractors, and electrical and alarm
contractors does not specifically include committing misapplication of construction funds. However,
according to DBPR, misapplication of construction funds may fall under the following violations: 58

• Committing financial mismanagement that causes financial harm to a customer;
• Failing to perform any statutory or legal obligation placed upon a licensee; or
• Falsely indicating that payment has been made for all subcontracted work, labor, and materials
which results in a financial loss to the owner, purchaser, or contractor.

If a contractor is convicted of misapplication of construction funds, the GILB or ECLB would most likely
be able to take action against them for being convicted or found guilty of, or entering a plea of nolo
contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the
practice of contracting or the ability to practice contracting. 59

Misapplication of Construction Funds - Effect of the Bill

The bill provides that a party who receives payment from the state, or any county, city, or political
subdivision, or other public authority for a public works construction project and knowingly and
intentionally fails to pay the undisputed contract obligations to another party for labor, services, or
materials, commits misapplication of construction funds.

The bill clarifies that the GILB may discipline a contractor for committing misapplication of construction
funds. The bill also provides that if the CILB finds that a contractor is guilty of misapplication of
construction funds, the GILB must suspend all of the person's licenses under ch. 489, F.S., for a

55
The CILB and the ECLB may place a contractor on probation, reprimand him or her, revoke or suspend the contractor's certificate
or registration, or deny the issuance of a renewal certificate or registration. The CILB and the ECLB may also require financial
restitution to a consumer for financial harm directly related to a violation, require continuing education, or assess costs associated with
investigation and prosecution. Ss. 489.129(1), 489.533(1 ), F.S.
56
Ss. 455.227(l)(k), 489.129(1)(0), and 489.533(1), F.S.
57
S. 455.2273(1 ), F.S.
58
Email from Vicky Summerhill, Department of Business and Professional Regulation, FW: HB 585 Construction Services, (Feb. 22,
2021).
59 Id
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minimum of one year from the date of conviction. However, this does not prohibit the GILB from
imposing additional penalties.

The bill adds to the civil remedy provision that a person, firm, or corporation who knowingly and
intentionally fails to make the required payments for construction work on private property commits
misapplication of construction funds.

The bill provides an effective date of July 1, 2021 .

The bill provides that it applies to contracts executed on after July 1, 2021 .

B. SECTION DIRECTORY:
Section 1: Amends s. 218.735, F.S., relating to timely payment for construction services for local
government entities.

Section 2: Amends s. 255.071, F.S., relating to payment of subcontractors, sub-subcontractors,
materialmen, and suppliers on construction projects for public projects.

Section 3: Amends s. 255.073, F.S., relating to timely payment for purchases of construction
services for the state.

Section 4. Amends s. 489.129, F.S., relating to discipline for licensed contractors.

Section 5. Amends s. 713.345, F.S., relating to misapplication of construction funds .

Section 6. Amends s. 713.346, F.S., relating to payment on construction contracts for private
property.

Section 7. Amends s. 715.12, F.S., relating to timely payments for construction services for private
parties.

Section 8. Reenacting s. 218.76, F.S., relating to improper payment requests or invoices for
construction services for local government entities.

Section 9. Reenacting s. 255.075, F.S., relating to mandatory interest for construction services for
the state.

Section 10. Providing that the bill applies to contracts executed on or after July 1, 2021 .

Section 11 . Providing an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

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1. Revenues:
None.

2. Expenditures:
See Fiscal Comments

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may decrease the amount of untimely payments to contractors, subcontractors, sub-
subcontractors, and material suppliers.

D. FISCAL COMMENTS:
The increased amount paid by the state and local governments for untimely payments for construction
services is indeterminate. However, any amount may be minimal since the state and local governments
must already pay interest for untimely payments for construction services.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill increases the amount of interest local governments have to pay for untimely
payments for construction services. This may result in additional expenditures to comply with the
statute. However, an exemption may apply because the fiscal impact is likely to be insignificant since
local governments already have to pay interest for untimely payments for construction services.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
If the GILB determines a construction contractor committed misapplication of construction funds, the bill
requires the GILB to suspend all the contractor's licenses under ch. 489 F.S., However, ch. 489, F.S., is
made up of three different parts. Part I is construction contracting. Part II is electrical and alarm system
contracting, and Part Ill is septic tank contracting. The GILB does not have authority over electrical and
alarm system contractors or septic tank contractors. The sponsor may want to clarify this provision in
the bill to indicate that the GILB must suspend all the contractor's licenses under part I of ch. 489, F.S.

The bill provides that the GILB may discipline a construction contractor for committing misapplication of
construction funds. However, the bill does not provide that the ECLB may discipline an electrical
contractor or alarm system contractor for committing misapplication of construction funds. The sponsor
may want to clarify whether the ECLB may discipline an electrical contractor or alarm system contractor
for misapplication of construction funds.

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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 585 2021

1 A bill to be entitled
2 An act relating to payment for construction services;
3 amending s. 218.735, F.S.; increasing the interest
4 rate for certain payments for purchases of
5 construction services; amending s. 255.071, F . S.;
6 specifying that a person, firm, or corporation who
7 fails to make certain payments relating to public
8 projects commits a misapplication of constructions
9 funds and is subject to criminal penalties; amending
10 s. 255.073, F.S.; increasing the interest rate for
11 overdue payments for the purchase of construction
12 services; amending s. 489.129, F.S.; expanding the
13 list of actions for which a licensee may be
14 disciplined by the Construction Industry Licensing
15 Board; requiring the board to suspend certain licenses
16 for a minimum period of time under certain
17 circumstances; providing construction; amending s.
18 713.345, F.S.; specifying that a contractor,
19 subcontractor, sub-subcontractor, or other person
20 licensed under ch. 489, F.S., is subject to certain
21 discipline if convicted of misapplication of
22 construction funds; amending s. 713.346, F.S.;
23 specifying that a person, firm, or corporation who
24 fails to make certain payments relating to
25 construction contracts commits a misapplication of

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26 constructions funds and is subject to criminal
27 penalties; amending s. 715.12, F.S.; increasing the
28 interest rate for certain payments due under the
29 Construction Contract Prompt Payment Law; conforming a
30 provision to changes made by the act; reenacting s.
31 218. 76 (2) (b), F. S., relating to improper payment
32 requests or invoices, to incorporate the amendment
33 made by this act to s. 218.735, F.S., in a reference
34 thereto; reenacting s. 255.075, F.S., relating to
35 mandatory interest, to incorporate the amendment made
36 by this act to s. 255.073, F.S., in a reference
37 thereto; providing applicability; providing an
38 effective date .
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Subsection (9) of section 218.735, Florida
43 Statutes, is amended to read:
44 218.735 Timely payment for purchases of construction
45 services.-
46 (9) All payments due under this section and not made
47 within the time periods specified by this section shall bear
48 interest at the rate of I± percent per month, or the rate
49 specified by contract, whichever is greater.
50 Section 2. Subsection (1) of section 255.071, Florida

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51 Statutes, is amended to read:
52 255.071 Payment of subcontractors, sub-subcontractors,
53 materialmen, and suppliers on construction contracts for public
54 projects.-
55 (1) Any person, firm, or corporation who receives a
56 payment from the state or any county, city, or political
57 subdivision of the state, or other public authority, for the
58 construction of a public building, for the prosecution and
59 completion of a public work, or for repairs upon a public
60 building or public work shall pay, in accordance with the
61 contract terms, the undisputed contract obligations for labor,
62 services, or materials provided on account of such improvements .
63 A person, firm, or corporation who knowingly and intentionally
64 fails to make the payment required under this subsection commits
65 a misapplication of construction funds, punishable as provided
66 ins. 713.345.
67 Section 3. Subsection (4) of section 255.073, Florida
68 Statutes, is amended to read:
69 255.073 Timely payment for purchases of construction
70 services.-
71 (4) All payments due for the purchase of construction
72 services and not made within the applicable time limits shall
73 bear interest at the rate of 2 specified in o. 215.422. After
74 July 1, 2006, ouch paYffients shall bear interest at the rate of 1
75 percent per month, to the e>ctent that the Chief Financial

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76 Officer ' s replacement project for the state ' s accounting and
77 cash management systems is operational for the particular
78 affected public entity. After January 1, 2007 , all such payments
79 due from public entity shal:l bear interest at the rate of 1
80 percent per month.
81 Section 4. Paragraph (r) is added to subsection (1) of
82 section 489.129, Florida Statutes, to read:
83 489.129 Disciplinary proceedings.-
84 (1) The poard may take any of the following actions
85 against any certificateholder or registrant: place on probation
86 or reprimand the licensee, revoke, suspend, or deny the issuance
87 or renewal of the certificate or registration, require financial
88 restitution to a consumer for financial harm directly related to
89 a violation of a provision of this part, impose an
90 administrative fine not to exceed $10,000 per violation, require
91 continuing education, or assess costs associated with
92 investigation and prosecution, if the contractor, financially
93 responsible officer, or business organization for which the
94 contractor is a primary qualifying agent, a financially
95 responsible officer, or a secondary qualifying agent responsible
96 under s. 489.1195 is found guilty of any of the following acts:
97 (r) Committing misapplication of construction funds in
98 violation of s. 713.345. If a contractor, subcontractor, sub-
99 subcontractor, or other person licensed by the board under this
100 chapter is convicted of misapplication of construction funds,

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101 the board must suspend all licenses issued to such licensee
102 under this chapter for a minimum of 1 year from the date of
103 conviction. The suspension required under this paragraph is not
104 exclusive, and the board may impose any additional penalties set
105 forth in this subsection.
106
107 For the purposes of this subsection, construction is considered
108 to be commenced when the contract is executed and the contractor
109 has accepted funds from the customer or lender. A contractor
110 does not commit a violation of this subsection when the
111 contractor relies on a building code interpretation rendered by
112 a building official or person authorized bys. 553.80 to enforce
113 the building code, absent a finding of fraud or deceit in the
114 practice of contracting, or gross negligence, repeated
115 negligence, or negligence resulting in a significant danger to
116 life or property on the part of the building official, in a
117 proceeding under chapter 120.
118 Section 5. Paragraph (e) is added to subsection (1) of
119 section 713.345, Florida Statutes, to read:
120 713.345 Moneys received for real property improvements;
121 penalty for misapplication.-
122 ( 1)

123 (e) If a contractor, subcontractor, sub-subcontractor, or
124 other person who is licensed under chapter 489 is convicted of
125 misapplication of construction funds under this section, the

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126 licensee is subject to discipline under s. 48 9. 12 9 ( 1) ( r) .
127 Section 6. Subsection (1) of section 713.346, Florida
128 Statutes, is amended to read:
129 713.346 Payment on construction contracts.-
130 (1) Any person who receives a payment for constructing or
131 altering permanent improvements to real property shall pay, in
132 accordance with the contract terms, the undisputed contract
133 obligations for labor, services, or materials provided on
134 account of such improvements. A person, firm, or corporation who
135 knowingly and intentionally fails to make the payment required
136 under this subsection commits a misapplication of construction
137 funds, punishable as provided ins. 713.345.
138 Section 7. Paragraph (a) of subsection (5) and paragraph
139 (a) of subsection (6) of section 715.12, Florida Statutes, are
140 amended, and subsections (4) and (7) of that section are
141 republished, to read:
142 715.12 Construction Contract Prompt Payment Law.-
143 (4) An obligor must pay an obligee with whom the obligor
144 has a contract when all of the following events have occurred:
145 (a) The obligee is entitled to a payment at the time and
146 under the terms specified in the contract between the obligor
147 and the obligee, and the obligee has furnished the obligor with
148 a written request for payment; and
149 (b) The obligor, except an owner, has been paid for the
150 obligee's labor, services, or materials described in the

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151 obligee's request for payment by the person immediately above
152 the obligor in the chain of contracts; and
153 (c) The obligee has furnished the obligor with all
154 affidavits or waivers required for the owner to make proper
155 payments under s. 713.06.
156 (5) (a) Any payment due under the provisions of subsection
157 (4), excluding any amounts withheld pursuant to subsection (7),
158 shall bear interest at the rate specified ins. 55.03 plus 1
159 percent, computed beginning on the 14th day after payment is due
160 pursuant to subsection (4).
161 ( 6) (a) The right to receive interest on a payment under
162 this section is not an exclusive remedy. This section does not
163 modify the remedies available to any person under the terms of a
164 contract or under any other statute. This section does not
165 modify the rights of any person to recover prejudgment interest
166 awarded to the prevailing party in any civil action or
167 arbitration case. During the period that interest accrues under
168 this section, the interest rate shall be the rate specified in
169 s. 55.03 plus 1 percent or the rate specified in the contract,
170 whichever is greater. A person shall not be entitled to receive
171 both the contract interest and the statutory interest specified
172 in this section.
173 (7) (a) An owner and a contractor may agree to a provision
174 that allows the owner to withhold a portion of each progress
175 payment until substantial completion of the entire project. The

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176 owner shall pay the contractor the balance of the contract
177 price, including the amounts withheld from the progress
178 payments, within 14 days after any of the following events
179 occur.
180 1. Pursuant to the terms of the contract, an architect or
181 engineer certifies that the project is substantially complete
182 and, within the time provided in the contract between the owner
183 and the contractor, the owner submits a written punchlist to the
184 contractor and the contractor substantially completes all of the
185 items on the punchlist.
186 2. The issuance of a certificate of occupancy for the
187 project, and within the time provided in the contract between
188 the owner and the contractor, the owner submits a written
189 punchlist to the contractor and the contractor substantially
190 completes all of the items on the punchlist.
191 3. The owner or a tenant of the owner takes possession of
192 the construction project and, within the time provided in the
193 contract between the owner and the contractor, the owner submits
194 a written punchlist to the contractor and the contractor
195 substantially completes all of the items on the punchlist.
196
197 Any funds retained by the owner beyond the time period specified
198 in this subsection shall accrue interest at the rate specified
199 in subsection (5), computed from the date the payment is due to
200 the date the payment is received by the contractor. If the

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201 contract between the owner and the contractor does not provide a
202 time period for the owner to submit a written punchlist to the
203 contractor, the time period shall be 15 days from the issuance
204 of the certificate of substantial completion, the issuance of
205 the certificate of occupancy, or the date the owner or the
206 owner's tenant takes possession of the project, whichever first
207 occurs. If no written punchlist is given to the contractor
208 within the time provided in this subsection, interest begins to
209 accrue 14 days after the issuance of the certificate of
210 substantial completion, the issuance of the certificate of
211 occupancy, or the date the owner or the owner's tenant takes
212 possession of the project, whichever first occurs. For
213 construction projects that are to be built in phases, this
214 subsection applies to each phase of the total project. The
215 contract between the owner and the contractor may specify a
216 shorter time period for disbursing all or any portion of the
217 final payment and the retainage.
218 (b) Except as provided in paragraph (a), an obligor and
219 obligee may agree to a provision that allows the obligor to
220 withhold a portion of each progress payment until completion of
221 the entire project. The amounts withheld shall bear interest 14
222 days after payment of such amounts are due under the terms of
223 the contract between the obligor and obligee and the other
224 requirements of subsection (4) have been satisfied.
225 (c) An obligee may, from time to time, withdraw all or any

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226 portion of the amount retained from progress payments upon
227 depositing with the obligor:
228 1. United States Treasury bonds, United States Treasury
229 notes, United States Treasury certificates of indebtedness, or
230 United States Treasury bills;
231 2. Bonds or notes of the State of Florida; or
232 3. Certificates of deposit, within the insured limits,
233 from a state or national bank or state or federal savings and
234 loan association authorized to do business in this state.
235
236 Amounts may not be withdrawn in excess of the market value of
237 the securities listed in subparagraphs 1., 2., and 3. at the
238 time of such withdrawal or in excess of the par value of such
239 securities, whichever is less. The obligee shall execute and
240 deliver all documents reasonably required to allow the obligor
241 to document the transfer and the obligee shall pay any recording
242 or registration costs incurred by the obligor in connection with
243 the transfer. The obligor shall pay the obligee any interest or
244 income earned on the securities so deposited within 30 days
245 after the date such interest or income is received by the
246 obligor. If the deposit is in the form of coupon bonds, the
247 obligor shall deliver each coupon to the obligee within 30 days
248 after the date the coupon matures. An obligee may withdraw funds
249 retained from progress payments only to the extent the obligor
250 has withdrawn such funds for the obligee's labor, services, or

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251 materials from the person immediately above the obligor in the
252 chain of contracts.
253 Section 8. For the purpose of incorporating the amendment
254 made by this act to section 218.735, Florida Statutes, in a
255 reference thereto, paragraph (b) of subsection (2) of section
256 218.76, Florida Statutes, is reenacted to read:
257 218.76 Improper payment request or invoice; resolution of
258 disputes.-
259 (2)

260 (b) If the local governmental entity does not commence the
261 dispute resolution procedure within the time required, a
2 62 contractor may give written notice to the local governmental
263 entity of the failure to timely commence its dispute resolution
264 procedure. If the local governmental entity fails to commence
265 the dispute resolution procedure within 4 business days after
266 such notice, any amounts resolved in the contractor's favor
267 shall bear mandatory interest, as set forth ins. 218.735(9),
268 from the date the payment request or invoice containing the
269 disputed amounts was submitted to the local governmental entity.
270 If the dispute resolution procedure is not commenced within 4
271 business days after the notice, the objection to the payment
272 request or invoice shall be deemed waived. The waiver of an
273 objection pursuant to this paragraph does not relieve a
274 contractor of its contractual obligations.
275 Section 9. For the purpose of incorporating the amendment

Page 11 of 12

CODING: Words stricken are deletions; words underlined are additions.
hb0585-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 585 2021

276 made by this act to section 255.073, Florida Statutes, in a
277 reference thereto, section 255.075, Florida Statutes, is
278 reenacted to read:
279 255.075 Mandatory interest.-A contract between a public
280 entity and a contractor may not prohibit the collection of late
281 payment interest charges authorized under s. 255.073(4).
282 Section 10. This act applies to contracts executed on or
283 after July 1, 2021.
284 Section 11. This act shall take effect July 1, 2021.

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CODING: Words strisken are deletions; words underlined are additions.
hb0585-00
REGULATORY REFORM SUBCOMMITTEE

HB 585 by Rep. DiCeglie
Payment for Construction Services

AMENDMENT SUMMARY
March 2, 2021

Amendment 1 by Rep. DiCeglie (strike-all):
The amendment:
• Increases the interest rate from 1 percent per month to 1.5 percent per month, for
untimely payments for construction services by the state or local governments, instead
of the original bill's provision increasing the interest rate to 2 percent per month.
• Clarifies that the bill's provision increasing the interest rate for untimely payments for
private construction services from the interest rate payable on judgments to the interest
rate payable on judgments plus 1 percent, means 1 percent per year.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative DiCeglie offered the following:
4
5 Amendment
6 Remove everything after the enacting clause and insert:
7

8 Section 1. Subsection (9) of section 218.735, Florida
9 Statutes, is amended to read:
10 218.735 Timely payment for purchases of construction
11 services.-
12 (9) All payments due under this section and not made
13 within the time periods specified by this section shall bear
14 interest at the rate of 1.5 ± percent per month, or the rate
15 specified by contract, whichever is greater.
16 Section 2. Subsection (1) of section 255.071, Florida
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

17 Statutes, is amended to read:
18 255.071 Payment of subcontractors, sub-subcontractors,
19 materialmen, and suppliers on construction contracts for public
20 projects.-
21 (1) Any person, firm, or corporation who receives a
22 payment from the state or any county, city, or political
23 subdivision of the state, or other public authority, for the
24 construction of a public building, for the prosecution and
25 completion of a public work, or for repairs upon a public
26 building or public work shall pay, in accordance with the
27 contract terms, the undisputed contract obligations for labor,
28 services, or materials provided on account of such improvements.
29 A person, firm, or corporation who knowingly and intentionally
30 fails to make the payment required under this subsection commits
31 a misapplication of construction funds, punishable as provided
32 ins. 713.345.
33 Section 3. Subsection (4) of section 255.073, Florida
34 Statutes, is amended to read:
35 255.073 Timely payment for purchases of construction
36 services.-
37 (4) All payments due for the purchase of construction
38 services and not made within the applicable time limits shall
39 bear interest at the rate of 1.5 specified in o. 215.422. After
40 July 1, 2006, such payfflents shall bear interest at the rate of 1
41 percent per fflonth, to the extent that the Chief Financial
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

42 Officer ' s replacement project for the state ' s accounting and
43 cash management systems is operational for the particular
44 affected public entity . After January 1 , 2007 , all such payments
45 due from public entity shall bear interest at the rate of 1
46 percent per month.
47 Section 4. Paragraph (r) is added to subsection (1) of
48 section 489.129, Florida Statutes, to read:
49 489.129 Disciplinary proceedings.-
SO (1) The board may take any of the following actions
51 against any certificateholder or registrant: place on probation
52 or reprimand the licensee, revoke, suspend, or deny the issuance
53 or renewal of the certificate or registration, require financial
54 restitution to a consumer for financial harm directly related to
55 a violation of a provision of this part, impose an
56 administrative fine not to exceed $10,000 per violation, require
57 continuing education, or assess costs associated with
58 investigation and prosecution, if the contractor, financially
59 responsible officer, or business organization for which the
60 contractor is a primary qualifying agent, a financially
61 responsible officer, or a secondary qualifying agent responsible
62 under s. 489.1195 is found guilty of any of the following acts:
63 (r) Committing misapplicat ion of construction funds in
64 violation of s. 713.345. If a contractor, subcontractor, sub-
65 subcontractor, or other person licensed b y the board under this
66 chapter is convicted of misapp l ication of construction funds,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

67 the board must suspend all licenses issued to such licensee
68 under this part for a minimum of 1 year from the date of
69 conviction. The suspension required under this paragraph is not
70 exclusive, and the board may impose any additional penalties set
71 forth in this subsection.
72
73 For the purposes of this subsection, construction is considered
74 to be commenced when the contract is executed and the contractor
75 has accepted funds from the customer or lender. A contractor
76 does not commit a violation of this subsection when the
77 contractor relies on a building code interpretation rendered by
78 a building official or person authorized bys. 553.80 to enforce
79 the building code, absent a finding of fraud or deceit in the
80 practice of contracting, or gross negligence, repeated
81 negligence, or negligence resulting in a significant danger to
82 life or property on the part of the building official, in a
83 proceeding under chapter 120.
84 Section 5. Paragraph (e) is added to subsection (1) of
85 section 713.345, Florida Statutes, to read:
86 713.345 Moneys received for real property improvements;
87 penalty for misapplication.-
88 ( 1)
89 (e) If a contractor, subcontractor, sub-subcontractor, or
90 other person who is licensed under chapter 489 is convicted of
91 misapplication of construction funds under this section, the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1 .

92 licensee is subject to discipline under s. 489.129(1) (r).
93 Section 6. Subsection (1) of section 713.346, Florida
94 Statutes, is amended to read:
95 713.346 Payment on construction contracts.-
96 (1) Any person who receives a payment for constructing or
97 altering permanent improvements to real property shall pay, in
98 accordance with the contract terms, the undisputed contract
99 obligations for labor, services, or materials provided on
100 account of such improvements. A person, firm, or corporation who
101 knowingly and intentionally fails to make the payment required
102 under this subsection commits a misapplication of construction
103 funds, punishable as provided ins. 713.345.
104 Section 7. Paragraph (a) of subsection (5) and paragraph
105 (a) of subsection (6) of section 715.12, Florida Statutes, are
106 amended, and subsections (4) and (7) of that section are
107 republished, to read:
108 715.12 Construction Contract Prompt Payment Law.-
109 (4) An obliger must pay an obligee with whom the obliger
110 has a contract when all of the following events have occurred:
111 (a) The obligee is entitled to a payment at the time and
112 under the terms specified in the contract between the obliger
113 and the obligee, and the obligee has furnished the obliger with
114 a written request for payment; and
115 (b) The obligor, except an owner, has been paid for the
116 obligee's labor, services, or materials described in the
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

117 obligee's request for payment by the person immediately above
118 the obligor in the chain of contracts; and
119 (c) The obligee has furnished the obligor with all
120 affidavits or waivers required for the owner to make proper
121 payments under s. 713.06.
122 ( 5) (a) Any payment due under the provisions of subsection
123 (4), excluding any amounts withheld pursuant to subsection (7),
124 shall bear interest at the rate specified ins. 55.03 plus 1
125 percent per annum, computed beginning on the 14th day after
126 payment is due pursuant to subsection (4).
127 (6) (a) The right to receive interest on a payment under
128 this section is not an exclusive remedy. This section does not
129 modify the remedies available to any person under the terms of a
130 contract or under any other statute. This section does not
131 modify the rights of any person to recover prejudgment interest
132 awarded to the prevailing party in any civil action or
133 arbitration case. During the period that interest accrues under
134 this section, the interest rate shall be the rate specified in
135 s. 55.03 plus 1 percent per annum or the rate specified in the
136 contract, whichever is greater. A person shall not be entitled
137 to receive both the contract interest and the statutory interest
138 specified in this section.
139 ( 7) (a) An owner and a contractor may agree to a provision
140 that allows the owner to withhold a portion of each progress
141 payment until substantial completion of the entire project. The

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

142 owner shall pay the contractor the balance of the contract
143 price, including the amounts withheld from the progress
144 payments, within 14 days after any of the following events
145 occur.
146 1. Pursuant to the terms of the contract, an architect or
147 engineer certifies that the project is substantially complete
148 and, within the time provided in the contract between the owner
149 and the contractor, the owner submits a written punchlist to the
150 contractor and the contractor substantially completes all of the
151 items on the punchlist.
152 2. The issuance of a certificate of occupancy for the
153 project, and within the time provided in the contract between
154 the owner and the contractor, the owner submits a written
155 punchlist to the contractor and the contractor substantially
156 completes all of the items on the punchlist.
157 3. The owner or a tenant of the owner takes possession of
158 the construction project and, within the time provided in the
159 contract between the owner and the contractor, the owner submits
160 a written punchlist to the contractor and the contractor
161 substantially completes all of the items on the punchlist.
162
163 Any funds retained by the owner beyond the time period specified
164 in this subsection shall accrue interest at the rate specified
165 in subsection (5), computed from the date the payment is due to
166 the date the payment is received by the contractor. If the

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

167 contract between the owner and the contractor does not provide a
168 time period for the owner to submit a written punchlist to the
169 contractor, the time period shall be 15 days from the issuance
170 of the certificate of substantial completion, the issuance of
171 the certificate of occupancy, or the date the owner or the
172 owner's tenant takes possession of the project, whichever first
173 occurs. If no written punchlist is given to the contractor
174 within the time provided in this subsection, interest begins to
175 accrue 14 days after the issuance of the certificate of
176 substantial completion, the issuance of the certificate of
177 occupancy, or the date the owner or the owner's tenant takes
178 possession of the project, whichever first occurs. For
179 construction projects that are to be built in phases, this
180 subsection applies to each phase of the total project. The
181 contract between the owner and the contractor may specify a
182 shorter time period for disbursing all or any portion of the
183 final payment and the retainage.
184 (b) Except as provided in paragraph (a), an obligor and
185 obligee may agree to a provision that allows the obligor to
186 withhold a portion of each progress payment until completion of
187 the entire project. The amounts withheld shall bear interest 14
188 days after payment of such amounts are due under the terms of
189 the contract between the obligor and obligee and the other
190 requirements of subsection (4) have been satisfied.
191 (c) An obligee may, from time to time, withdraw all or any

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

192 portion of the amount retained from progress payments upon
193 depositing with the obligor:
194 1. United States Treasury bonds, United States Treasury
195 notes, United States Treasury certificates of indebtedness, or
196 United States Treasury bills;
197 2. Bonds or notes of the State of Florida; or
198 3. Certificates of deposit, within the insured limits,
199 from a state or national bank or state or federal savings and
200 loan association authorized to do business in this state.
201
202 Amounts may not be withdrawn in excess of the market value of
203 the securities listed in subparagraphs 1., 2., and 3. at the
204 time of such withdrawal or in excess of the par value of such
205 securities, whichever is less. The obligee shall execute and
206 deliver all documents reasonably required to allow the obligor
207 to document the transfer and the obligee shall pay any recording
208 or registration costs incurred by the obligor in connection with
209 the transfer. The obligor shall pay the obligee any interest or
210 income earned on the securities so deposited within 30 days
211 after the date such interest or income is received by the
212 obligor. If the deposit is in the form of coupon bonds, the
213 obligor shall deliver each coupon to the obligee within 30 days
214 after the date the coupon matures. An obligee may withdraw funds
215 retained from progress payments only to the extent the obligor
216 has withdrawn such funds for the obligee's labor, services, or

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

217 materials from the person immediately above the obligor in the
218 chain of contracts.
219 Section 8. For the purpose of incorporating the amendment
220 made by this act to section 218.735, Florida Statutes, in a
221 reference thereto, paragraph (b) of subsection (2) of section
222 218.76, Florida Statutes, is reenacted to read:
223 218.76 Improper payment request or invoice; resolution of
224 disputes.-
225 ( 2)
226 (b) If the local governmental entity does not commence the
227 dispute resolution procedure within the time required, a
228 contractor may give written notice to the local governmental
229 entity of the failure to timely commence its dispute resolution
230 procedure. If the local governmental entity fails to commence
231 the dispute resolution procedure within 4 business days after
232 such notice, any amounts resolved in the contractor's favor
233 shall bear mandatory interest, as set forth ins. 218.735(9),
234 from the date the payment request or invoice containing the
235 disputed amounts was submitted to the local governmental entity.
236 If the dispute resolution procedure is not commenced within 4
237 business days after the notice, the objection to the payment
238 request or invoice shall be deemed waived. The waiver of an
239 objection pursuant to this paragraph does not relieve a
240 contractor of its contractual obligations.
241 Section 9. For the purpose of incorporating the amendment

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 585 (2021)
Amendment No. 1.

242 made by this act to section 255.073, Florida Statutes, in a
243 reference thereto, section 255.075, Florida Statutes, is
244 reenacted to read:
245 255.075 Mandatory interest.-A contract between a public
246 entity and a contractor may not prohibit the collection of late
247 payment interest charges authorized under s. 255.073(4).
248 Section 10. This act applies to contracts executed on or
249 after July 1, 2021.
250 Section 11. This act shall take effect July 1, 2021.
251

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 663 Cottage Food Operations
SPONSOR(S): Salzman
TIED BILLS: IDEN./SIM. BILLS: SB 1294

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee

2) Commerce Committee

SUMMARY ANALYSIS
Cottage foods are certain food products which have been determined by the Department of Agriculture and
Consumer Services (DACS) to be safe for production at a person's residence. Examples of permissible cottage
foods are breads, honey, cakes, and popcorn. Food products containing meats and fresh fruits and vegetables
or those that require temperature control are generally prohibited cottage foods .

A cottage food operation may sell cottage foods without conforming to state food and building permitting
requirements if the annual gross sales of such products do not exceed $50,000. Certain local, state and federal
operating standards must also be followed, including those governing methods of sale, delivery, labeling, and
storage.

DACS is authorized to investigate complaints regarding food safety violations.

The "Home Sweet Home Act" :
• Allows the sale and delivery of cottage food products by mail order.
• Increases the gross annual sales threshold from $50,000 to $250,000.
• Revises the definition of a "cottage food operation" to clarify that an operator is allowed to have
business partners.
• Preempts the regulation of cottage food operations to the state, and prohibits local laws, ordinances, or
regulations that prohibit a cottage food operation or regulate the preparation , processing, storage or
sale of cottage food products.

The bill may have a positive fiscal impact on the private sector.

The bill provides an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0663.RRS .D0CX
DATE: 2/26/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Cottage Foods

The Department of Agriculture and Consumer Services (DACS) is responsible for the administration
and enforcement of the Florida Food Safety Act. 1 The act is intended to:
• Safeguard the public health and promote the public welfare by protecting the consuming public
from injury from intrastate commerce in food.
• Provide legislation conforming with the Federal Food, Drug, and Cosmetic Act, the Agriculture
Marketing Act of 1946, and Federal Trade Commission Act, to the extent that it expressly
prohibits the false advertisement of food ; and
• Promote uniformity of state and federal laws and their administration and enforcement
throughout the United States (U.S.) and in the states. 2

State and local governments have primary authority over food production. Therefore, states, and not
the federal government, have the ability to decide whether or not in-home food productions are allowed
in that state and what foods qualify for such in-home production. 3 The act allows such operations under
certain circumstances .4

Current law defines "cottage food products" (cottage foods), as not a potentially hazardous food as
defined by DACS rule, and which are sold in accordance with cottage food operating requirements. 5
Like many other states, DACS adopts the U.S. Food & Drug Administration (FDA) food code. 6 The food
code/DACS rule defines "Potentially Hazardous Food/Time/Temperature Control for Safety Food"
(PHF/TCS) as food that requires time/temperature control for safety (TCS) to limit pathogenic
microorganism growth or toxin formation.7

Although DACS has not adopted a rule on cottage food operations, DACS has published guidance
defining foods that are, and those that are not, considered cottage food products. These examples
include the following: 8

Permitted Cottage Foods:
• Loaf breads, rolls, and biscuits;
• Cakes, pastries, and cookies;
• Candies and confections;
• Honey;
• Jams, jellies, and preserves;
• Fruit pies and dried fruits;

1
See ch. 500, F.S.
2
S. 500.02, F.S.
3
Christina Rice, Emily Broad Leib, Cottage Food Laws in the United States, Harvard Law School Food Law and
Policy Clinic (FLPC) (August 2018), https://www.chlpi.org/wp-content/uploads/2013/ 12/FLPC Cottage-Foods-Report August-
2018.pdf (last visited Feb. 19, 2021 ).
4
S. 500.80, F.S.
5
S. 500.03(l)(k), F.S.
6
U.S. Food & Drug Administration, 2017 Food Code, https://www.fda.gov/media/ 110822/download (last visited Feb. 21, 2021).
7
R. 5K-4.00I0(9), F.A.C.
8
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Services/Food/Food-
Establ ishments/Cottage-Foods (last visited Feb. 19, 2021). The United States Food and Drug Administration (FDA) model food code
includes a definition for such foods; DACS formed a definition that is similar. FDA Food Code § 1-201.10 (2017).
STORAGE NAME: h0663.RRS.D0CX PAGE: 2
DATE: 2/26/2021
• Dry herbs, seasonings, and mixtures;
• Homemade pasta;
• Cereals, trail mixes, and granola;
• Coated or uncoated nuts;
• Vinegar and flavored vinegars; and
• Popcorn and popcorn balls.

Prohibited Cottage Foods:
• Fresh or dried meat or meat products including jerky;
• Canned fruits and vegetables, chutneys, vegetable butters and jellies, flavored oils, hummus,
garlic dip, salsas, etc.;
• Fish or shellfish products;
• Canned pickled products such as corn relish, pickles, and sauerkraut;
• Raw seed sprouts;
• Bakery goods which require any type of refrigeration, such as cream, custard, or meringue pies
and cakes or pastries with cream cheese icings or fillings;
• Milk and dairy products including hard, soft, and cottage cheeses and yogurt;
• Cut fresh fruits and/or vegetables;
• Juices made from fresh fruits or vegetables;
• Ice and/or ice products;
• Barbeque sauces, ketchups, and/or mustards; and
• Focaccia-style breads with vegetables and/or cheeses.

Cottage Food Operating Requirements

In Florida, a "cottage food operation" is defined as a natural person who produces or packages cottage
foods at his or her residence and is exempt from food and building permitting requirements 9 if he or she
sells such products in accordance with the cottage food operating requirements. 10

A cottage food operation must comply with the following requirements in order to operate:
• Sales Limit: Annual gross sales of cottage foods may not exceed $50,000; 11
• Internet Sales: In order to sell, offer for sale, and accept payment for cottage food products over
the Internet, such products must be delivered in person directly to the consumer or to a specific
event venue.
• Delivery: A cottage food operation is prohibited from offering for sale or delivering cottage food
products by mail order.
• Wholesale Sales: A cottage food operation is prohibited from offering cottage food products at
wholesale.
• Labeling: Cottage foods must be sold prepackaged with a label affixed containing the following
information:
o Name and address of the cottage food operation;
o Name of the cottage food;
o Ingredients of the cottage food, in descending order of predominance by weight;
o Net weight or net volume of the cottage food;
o Allergen information as specified by federal labeling requirements;
o If any nutritional claim is made, appropriate nutritional information as specified by federal
labeling requirements; and

9
Sees. 500.12, F.S.
JO S. 500.03(1 )(j), F.S.
11
S. 500.SO(l)(b), F.S. This includes all sales of products from any location, regardless of the types of products sold or number of
persons involved in any operation. Documentation of sales must be available to DACS for verification.
STORAGE NAME: h0663.RRS.D0CX PAGE: 3
DATE: 2/26/2021
o A statement printed in at least 10-point font and in a color that provides clear contrast to
the background of the label which reads "Made in a cottage food operation that is not
subject to Florida's food safety regulations;" 12
• Storage: Only cottage foods that are stored on the premises of the cottage food operation may
be sold;
• State and Federal: A cottage food operation must comply with applicable state or federal tax
laws, rules , regulations , or certificates;
• Local Government: A cottage food operation must comply with applicable county and municipal
laws and ordinances regulating the preparation, processing, storage, and sale of cottage foods
by a cottage food operation or from a person's residence .13

Some local governments throughout the state place additional requirements on cottage food
operations. For example, many counties and cities require a cottage food operation, like any other
business endeavor, to obtain a business tax receipt 14 prior to commencing his or her production .15

Enforcement

DACS may enter and inspect the premises of a cottage food operation to determine compliance with
the cottage food operations requirements only upon receipt of a complaint, which alleges that a cottage
food operation has violated any of the cottage food operating requirements. If a cottage food operation
refuses to permit DACS to enter the premises or to conduct the inspection, he or she is subject to
disciplinary action. 16

Recent Trends

Sales Limits

A study conducted by the Harvard Law School Food Law and Policy Clinic provides the following data
regarding annual gross sales limits for cottage food operations in other states:
• Sales limits differ among the states, ranging from $10,000 to no limit at all.
• About half of the states place a limitation on the amount of income a cottage food operation can
earn in a year.
• In those states, once a cottage food operation exceeds the cap, typical food establishment
requirements and permitting rules kick in .
• South Carolina only allows $15,000 in annual gross sales.
• Other states like Texas limit the sale of cottage foods to $50,000 per year.
• More than half of states, including Georgia, Massachusetts, New York, North Carolina , and
Tennessee, do not place a sales limit on cottage food operations or have no limit on at least
some types of cottage food operations. 17

12
Cottage food products must be labeled in accordance with the requirements as outlined ins. 500.80(3), F.S., and U.S. Code of
Federal Regulations Title 21, Part 101.
13
S. 500.80(1)-(6), F.S.
14
Chapter 205, F.S., allows counties and cities to impose taxes for the privilege of engaging in or managing any business, occupation,
or profession within its jurisdiction. This tax is administered through the issuance of a local business tax receipt. In order to impose
this tax, the local government entity must adopt an ordinance, which outlines the amount of the tax, method of computation, and other
requirements.
15 Examples include City of Miramar and St. John's County. City of Miramar, Business Tax (Occupational Licenses),

http://www.miramarfl.gov/201/Business-Tax-Occupational-Licenses (last visited Feb. 19, 2021); and County of St. John's Tax
Collector, Business Tax FAQs, http://www.sjctax.us/BusinessTaxFAO.aspx (last visited Feb. 19, 2021 ).
16 S. 500.08(7)(a)-(b), F.S.
17
Christina Rice, Emily Broad Leib, Cottage Food Laws in the United States, Harvard Law School Food Law and
Policy Clinic (FLPC) (August 2018), https://www.ch lpi.org/wp-content/uploads/2013/ 12/FLPC Cott age-Foods-Report August-
2018.pdf (last visited Feb. 19, 2021).
STORAGE NAME: h0663.RRS.D0CX PAGE: 4
DATE: 2/26/2021
According to the study, sales limits "limit the scale of operations that are allowed to sell without full food
safety precautions in place ... sales limits also prevent cottage food operators from scaling up and
generating a livable income from their business." 18

According to an Institute for Justice article on cottage food laws, "the national trend line is moving
toward more food freedom. More laws pass every year, expanding the right to sell homemade food." 19

Florida's gross annual sales limit is $50,000. 20 It was raised from $15,000 to $50,000 in 2017. 21

Business Partnerships

According to the Internal Revenue Service (IRS) Partnerships webpage, "a partnership is the
relationship between two or more people to do trade or business. Each person contributes money,
property, labor or skill, and shares in the profits and losses of the business." 22

Florida partnership law is governed by ch. 620, F.S. The law sets forth requirements for anyone
wanting to establish a new partnership in the state of Florida. Under these rules are specific
requirements regarding all types of partnerships, including the following:
• Limited partnerships;
• General partnerships;
• Limited Liability partnerships; and
• Foreign limited partnerships.

All partnerships must be registered with the Florida Department of State and follow all requirements
found within ch. 620, F.S., which include the creation of the business, the paperwork and fees
associated with creation, and the ongoing upkeep and maintenance of such partnerships. 23

According to an American Express online article on advantages and disadvantages of business
partnerships, for those considering a business partnership as a way to grow a company, a partnership
can offer the following benefits:
• Bridg ing the Gap in Expertise and Knowledge: access to a wider range of expertise, additional
knowledge and experience, and complementary skills.
• More Cash: infusion of cash into the business, more strategic connections, and enhanced
borrowing ability to finance growth.
• Cost Savings: shared financial burden for expenses and capital expenditures needed to run the
business, and more substantial savings.
• Better Work/Life Balance: shared labor, lightened workload, allowing time off when needed,
knowing that there's a trusted person in charge, and positive impact on personal life.
• Moral Support: ability to brainstorm or debrief on important issues, support when setbacks are
encountered, and help coping with everyday frustrations.
• Potential Tax Benefits: does not pay income tax, instead, "passes through" profits or losses to
its partners. Each partner reports their share of the partnership's income or loss on their

18
Rice, Leib, Supra note 17, at 14.
19
Institute for Justice, Defending Your Right to Sell Homemade Food, https://ij.org/issues/economic-l iberty/homemade-food-seller/
(last visited Feb. 22, 2021 ).
2o S. 500.80(l)(a), F.S.
21
Ch. 2017-32, Laws of Fla.
22
Internal Revenue Service, Tax Information for Partnerships, https://www.irs.gov/bus inesses/partnerships (last visited Feb. 22,
2021).
23
Ch. 620, F.S.
STORAGE NAME: h0663.RRS.D0CX PAGE: 5
DATE: 2/26/2021
personal tax return . This may allow partners to deduct any business losses from their individual
tax return. 24

Some disadvantages include liabilities, loss of autonomy, personal conflicts, future selling issues, and
lack of stability. However, in analyzing advantages and disadvantages of a partnership, the advantages
may outweigh the disadvantages, and some of the disadvantages of a partnership may be overcome
with due diligence. 25

Current law does not appear to specifically allow cottage food operators to participate in partnerships.
The law defines a "cottage food operation" as a natural person who produces or packages cottage food
products at his or her residence and sells such products in accordance withs. 500.80, F.S .26 The
definition appears to limit the operation to one person. 27 In addition , DACS guidance on cottage food
operations provides that a cottage food operation must be a single-family domestic residence in order
to qualify as a cottage food business. 28

Mail Orders

There are many laws that provide the basic framework for ensuring safety of foods in the U.S.,
including mail order foods. These laws include, but are not limited to, the Food Drug and Cosmetic Act
(FDCA),29 the Federal Meat Inspection Act (FMIA),30 and the Poultry Products Inspection Act (PPIA).31
These laws prohibit the sale or distribution of adulterated foods. Foods can be deemed adulterated for
many reasons including if it has been prepared, packed, or held under insanitary conditions whereby it
may have become contaminated with filth, or whereby it may have been rendered injurious to health.

The FMIA specifically prohibits adulteration during transportation, where adulteration means any act
while being transported in commerce or held for sale after such transportation, which is intended to
cause or has the effect of causing such articles to be adulterated or misbranded. 32

The U.S. Postal Service (USPS) classifies most nonperishable food items as mailable domestically if
properly packaged. The USPS defines "Perishable Matter" as anything that can deteriorate in the mail
and thereby lose value , create a health hazard, or cause an obnoxious odor, nuisance, or disturbance,
under ordinary mailing conditions. USPS allows mailable Perishable Matter to be sent at the mailer's
own risk when it is packaged as required and when it can be delivered within appropriate and
reasonable time limits to prevent deterioration. USPS provides guidelines for shipping perishable
matter, including specific instructions and listings for hazardous materials, restricted matter, perishable
matter, international mail, and air transportation requirements. 33

According to the National Mail Order Association (NMOA), "Mail Order Selling" and "Direct Marketing"
are terms that encompass many different methods and mediums of soliciting and/or selling products or

24
American Express Trends and Insights, What Are the Advantages and Disadvantages of a Partnership?,
hnps://www.americanexpress.com/en-us/business/trends-and-insights/articles/what-are-the-advantages-and-disadvantages-of-a-
partnership/ (last visited Feb. 22, 2021).
25
American Express, supra note 23.
26
S. 500.03(l)U), F.S.
27
Email from Carlos Nathan, Deputy Legislative Affairs Director, DACS, RE: Cottage Foods, (Dec. 18, 2021). According to DACS,
the "definition itself seems to imply that a 'cottage food operation' is a single, natural person rather than a business entity that multiple
people can own."
28
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021).
29
21 U.S.C.ch.9.
30
21 U.S.C. ch. 12.
31
21 U.S.C. ch. 10.
32
21 U.S.C. § 610(d).
33
U.S . Postal Service, Publication 52, Hazardous, Restricted, and Perishable Mail, https://pe.usps.com/text/pub52/welcome.htm (last
visited Feb. 21, 2021 ).
STORAGE NAME: h0663.RRS.DOCX PAGE: 6
DATE: 2/26/2021
services at a distance where the potential customer is not physically present at a store or other location
to see the product or to place an order. 34

Twenty eight states allow cottage food businesses to sell online to buyers within state limits, 18 states
allow sales through retail outlets, and several states allow delivery by mail order. 35 In New Hampshire,
"homestead food operations" (cottage food operators) can sell to "restaurants or other retail food
establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors
who will resell the product," if they obtain a Homestead License. 36

In Florida, sales by cottage food operations must be person-to-person, which means from the producer
to the actual consumer. Cottage food products must be delivered and distributed directly to the
consumer or the consumer's private event venue by the cottage food operator. 37 A cottage food
operation is prohibited from selling, offering for sale, or delivering cottage food products by mail order. 38

Local Regulations

Cottage food operations in Florida are required to comply with all applicable county and municipal laws
and ordinances regulating the preparation, processing, storage, and sale of cottage food products. 39
Local governments throughout the state have created regulations for cottage food operations. Several
of these regulate cottage food operations via home occupation ordinances. For example, the City of
Orlando prohibits home occupations from "food processing and handling," 40 which appears to prohibit
cottage food operations.

Other local governments restrict the amount of space in the home that can be used for a cottage food
business. Suwannee County prohibits the use of more than twenty percent of the first floor area of the
residence. 41 The City of Jacksonville prohibits the use of more than 250 square feet or ten percent of
the gross floor area of the dwelling unit. 42 According to the Miami-Dade County home occupation
webpage, it restricts the use of a cottage food operation to the kitchen area only. 43

Other local ordinances prohibit the sale of cottage food products from the residence directly to
consumers. Miami-Dade County prohibits sales of products or goods on premises. 44 The City of
Jacksonville also prohibits retail sales on the premises of a home occupation. 45 These ordinances
appear to conflict with state guidance and regulations that indicate cottage food operators are allowed
to sell cottage food products from their residence directly to the consumer. 46

Effect of the Bill

The bill allows for the sale and delivery of cottage food products by mail order.

34
The National Mail Order Association, About the NMOA, http://www.nmoa.org/Membersh ip/membin f.htm (last visited Feb. 22,
2021).
35
Rice, Leib, supra note 17, at 26-59.
36
Rice, Leib, supra note 17, at 11 .
37
DACS Division of Food Safety, Cottage Food Operations, h!1P-s://www.fdacs.gov/Bus iness-Services/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021 ).
38
S. 500.80(2), F.S.
39
S. 500.80(1)-(6), F.S.
40
Sec. 58.939., City of Orlando City Code.
41
S. 4.19.31(5.), Suwannee County Land Development Regulations.
42
City of Jacksonville Municipal Code § 656.40 I (n)( 1)(ix).
43
Miami-Dade County, Regulatory & Economic Resources, Home Occupation, htt_ps://www.miamidade.gov/zon ing/d istrict-home-
office.asp#:-: text=Cottage%20food%20operation%20must%20be,sg ua re%20feet%20of0/o20the%20home (last visited Feb. 21, 2021 ).
44
Sec. 33-25.1.(A)7., Miami-Dade County Code of Ordinances.
45
S. 656.401 (n)(l )(iv), City of Jacksonville Municipal Code.
46
DACS Division of Food Safety, Cottage Food Operations, https://www.fdacs.gov/Business-Seryices/Food/Food-
Establishments/Cottage-Foods (last visited Feb. 19, 2021).
STORAGE NAME: h0663.RRS.D0CX PAGE: 7
DATE: 2/26/2021
The bill increases the maximum annual gross sales threshold from $50,000 to $250,000.

The bill revises the definition of "cottage food operation" to allow a person or an entity to have an
ownership interest in a cottage food operation, clarifying that an operator is allowed to have business
partners.

The bill preempts the regulation of cottage food operations to the state, and prohibits local laws,
ordinances, or regulations that prohibit a cottage food operation or regulate the preparation,
processing , storage or sale of cottage food products.

B. SECTION DIRECTORY:
Section 1: Provides a short title the "Home Sweet Home Act."

Section 2: Amends s. 500.03, F.S., revising the definition of "cottage food operation."

Section 3: Amends s. 500.80, F.S., relating to cottage food operations.

Section 4: Provides an effective date.

11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS :

1. Revenues:
The bill may have an insignificant impact on local governments.

2. Expenditures:
To the extent that local governments are incurring regulatory costs under current law, the bill should
eliminate those costs through the preemption of local regulations.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will allow for the expansion and growth of locally produced food sales, and provide a more
predictable and uniform regulatory framework for cottage food operations in Florida. The bill will also
allow more people to work from home in their chosen profession.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

STORAGE NAME: h0663.RRS .D0CX PAGE: 8
DATE: 2/26/2021
A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.

C . DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
N/A

STORAGE NAME: h0663.RRS .D0CX PAGE: 9
DATE: 2/26/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 663 2021

1 A bill to be entitled
2 An act relating to cottage food operations; providing
3 a short title; amending s. 500.03, F.S.; revising the
4 definition of "cottage food operation"; amending s.
5 500.80, F.S.; increasing the annual gross sales
6 limitation for exempting cottage food operations from
7 certain food and building permitting requirements;
8 authorizing the sale, offer for sale, and delivery of
9 cottage food products by mail; preempting the
10 regulation of cottage food operations to the state;
11 prohibiting local governments from prohibiting or
12 regulating cottage food operations; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. This act may be cited as the "Home Sweet Home
18 Act. "
19 Section 2. Paragraph (j) of subsection (1) of section
20 500.03, Florida Statutes, is amended to read:
21 500.03 Definitions; construction; applicability.-
22 (1) For the purpose of this chapter, the term:
23 (j) "Cottage food operation" means a natural person or an
24 entity that Wfte produces or packages cottage food products at
25 the his or her residence of the natural person or at the

Page 1 of 3

CODING: Words striokeR are deletions; words underlined are additions.
hb0663-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 663 2021

26 residence of a natural person who has an ownership interest in
27 the entity , and sells such products in accordance withs .
28 500.80.
29 Section 3. Paragraph (a) of subsection (1) and subsections
30 (2) and (6) of section 500.80, Florida Statutes, are amended to
31 read:
32 500.80 Cottage food operations.-
33 (1) (a) A cottage food operation must comply with the
34 applicable requirements of this chapter but is exempt from the
35 permitting requirements of s. 500.12 if the cottage food
36 operation complies with this section and has annual gross sales
37 of cottage food products that do not exceed $250,000 $50,000.
38 (2) A cottage food operation may sell, offer for sale, and
39 accept payment for cottage food products over the Internet or by
40 mail order . Such , but such products may ffiU-6-t. be delivered in
41 person directly to the consumerL. e-r to a specific event venueL
42 or b y mail. A cottage food operation may not sell, offer for
43 sale, or deliver cottage food products by mail order or at
44 wholesale.
45 (6) The regulation of cottage food operations is preempted
46 to the state. A local law, ordinance, or regulation may not
47 prohibit a cottage food operation or regulate m.ust comply with
48 all applicable county and municipal laws and ordinances
49 regulating the preparation, processing, storage, and sale of
50 cottage food products by a cottage food operation or from a

Page 2 of 3

CODING: Words strisken are deletions; words underlined are additions.
hb0663-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 663 2021

51 person's residence.
52 Section 4. This act shall take effect July 1, 2021.

Page 3 of 3

CODING: Words striekeA are deletions; words underlined are additions.
hb0663-00
REGULATORY REFORM SUBCOMMITTEE

HB 663 by Rep. Salzman
Cottage Food Operations

AMENDMENT SUMMARY
March 2, 2021

Amendment 1 by Rep. Salzman (lines 42-49):
The amendment:
• Revises the authority for cottage food operators to deliver products by "mail" to instead
specify delivery by "United States Postal Service or commercial mail delivery service."
• Makes a grammatical change.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 663 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Corrunittee/Subcomrnittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Salzman offered the following:
4
5 Amendment
6 Remove lines 42-49 and insert:
7 or by United States Postal Service or commercial mail delivery
8 service. A cottage food operation may not sell, offer for sale,
9 or deliver cottage food products by mail order or at wholesale.
10 (6) The regulation of cottage food operations is preempted
11 to the state. A local law, ordinance, or regulation may not
12 prohibit a cottage food operation or regulate ftlust comply with
13 all applicable county and municipal laws and ordinances
14 regulating the preparation, processing, storage, or afl€i- sale of

830147 - h0663-line42.docx
Published On: 3/1/2021 2:54:39 PM
Page 1 of 1
I
OJ
0)
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--..J
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 667 Building Inspections
SPONSOR(S): Mooney
TIED BILLS: IDEN./SIM. BILLS: SB 1382

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Brackett (} /l Anstead
2) Local Administration & Veterans Affairs
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The Florida Building Codes Act provides a mechanism for the uniform adoption, updating, interpretation, and
enforcement of a single, unified state building code. The Florida Building Code (Building Code) must be
applied, administ~red, and enforced uniformly and consistently from jurisdiction to jurisdiction.

Current law requires local governments to enforce the Building Code and issue building permits. Current law
also requires state agencies, state universities, Florida College System institutions, and public school districts
to enforce the Building Code in certain situations. It is unlawful for a person or corporation to construct, alter,
repair, or demolish a building without obtaining a permit from the enforcing agency. Construction work that
requires a building permit also requires inspections to ensure the work complies with the Building Code.

The bill requires local enforcement agencies to allow requests for inspections to be submitted electronically.
Accepted methods of electronic submission include, but are not limited to:
• E-mail;
• An electronic fill-in form available on the building department's website or a third-party submission
management software; or
• An application that can be downloaded on a mobile device.

The bill provides that a local enforcement agency must refund 10 percent of the permit and inspection fees if:
• The inspector or building official determines the work, which requires the permit, fails an inspection; and
• The inspector or building official fails to provide a reason that is based on compliance with the Florida
Building Code, the Florida Fire Prevention Code, or local ordinance, indicating why the work failed the
inspection within 3 days.

If any permit and inspection fees must be refunded, the surcharges for funding the Building Commission, the
Florida Building Code Administrators and Inspectors Board, and the Florida Homeowners' Recovery Fund
must be recalculated based on the amount of the permit and inspection fees after the refund.

The bill clarifies that any government entity with authority to enforce the Building Code may perform virtual
inspections at the discretion of the government entity. However, a government entity may not perform a virtual
inspection for structural inspections on threshold buildings.

The bill defines "virtual inspection" as an inspection that uses visual or electronic aids to allow a building official
or inspector to perform an inspection without having to be physically present at the job site during the
inspection.

The bill may have an indeterminate fiscal impact on state and local government. See Fiscal Comments.

The bill provides for an effective date of July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0667.RRS.D0CX
DATE: 2/26/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

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 commission's
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 codes on March 1, 2002. 2 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 3

The Florida Building Commission (Commission) was statutorily 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, 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. 5

Building Code Administrators, Inspectors, and Plans Examiners

Building officials, inspectors, and plans examiners are regulated by the Building Code Administrators
and Inspectors Board (BCAIB) within DBPR. The BCAIB consists of nine members appointed by the
Governor and subjected to confirmation by the Senate. The BCAIB meets to approve or deny
applications for licensure, review disciplinary cases, and conduct informal hearings relating to
discipline. 6

A building code administrator, otherwise known as a building official, is a local government employee or
a person contracted by a local government who supervises building code activities, including plans
review, enforcement, and inspection. 7

1
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 Feb. 15, 2021).
2
Id; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021 ).
3
Florida Building Commission Homepage, https:/lfloridabuilding.org/c/default.aspx (last visited Mar. 14, 2019).
4
See S. 553.72(1), F.S.
5
Ss. 553.73, & 553.74, F.S.
6
Ss. 468.605, 468.606, and 468.621, F.S.
7
S. 468.603(2), F.S.
STORAGE NAME: h0667.RRS.D0CX PAGE: 2
DATE: 2/26/2021
A building code inspector (inspector) is a local government employee or a person contracted by a local
government who inspects construction that requires permits to determine compliance with building
codes and state accessibility laws. Inspectors are divided into several different categories. An
inspector's ability to practice is limited to the category or categories the inspector has been licensed.
The inspector categories are: 8

• Building inspector;
• Coastal construction inspector;
• Commercial electrical inspector;
• Residential electrical inspector;
• Mechanical inspector;
• Plumbing inspector;
• Residential inspector; and
• Electrical inspector

A plans examiner reviews plans submitted for building permits to determine design compliance with the
building code. The term includes a residential plans examiner who is qualified to determine that plans
submitted for building permits comply with the applicable residential building, plumbing, mechanical,
electrical, gas, energy, accessibility, and other applicable construction codes. A plan's examiners ability
to practice is limited to the category or categories the plans examiner has been licensed. The plans
examiner categories are: 9

• Building plans examiner;
• Plumbing plans examiner;
• Mechanical plans examiner; and
• Electrical plans examiner

Enforcement of the Florida Building Code

Every local government must enforce the Building Code and issue building permits. 11 A building permit
is an official document or certificate issued by the local building official that authorizes performance of a
specific activity. 12

Current law also provides that state agencies may enforce the Building Code if current law specifically
authorizes them to do so, unless they have delegated responsibility to another public entity. 13 Current
law provides that: 14

• The Department of Corrections and the Department of Juvenile Justice, and the Department of
Management Services (DMS) enforces the construction regulations relating to correctional
facilities under their jurisdiction.
• The DMS enforces the construction regulations for the Governor's Mansion and its grounds, the
Capitol, and the Capitol complex.

8
Ss. 468.603(4) and (5), F.S.
9
S. 468.603(8), F.S.
10
S. 553.72, F.S.
11
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
12 S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
13
Ss. 255.31(1), and 553.80(1), F.S.
14 Id.
STORAGE NAME: h0667.RRS.D0CX PAGE: 3
DATE: 2/26/2021
• The DBPR enforces the construction regulations relating to elevator equipment under their
jurisdiction.
• The Turnpike Enterprise, which is part of the Department of Transportation, enforces the
construction regulations for toll collection facilities under its jurisdiction.
• The Department of Children and Families (DCF) in conjunction with the Agency for Health Care
Administration (ACHA) enforces construction regulations relating to secure mental health
treatment facilities under DCF's jurisdiction.
• The AHCA also reviews plans and surveys construction of hospitals, nursing homes,
ambulatory surgical centers, and Intermediate Care Facilities for the Developmentally Disabled.

Current law also requires State universities, Florida College System institutions, and public school
districts to enforce the Building Code for their building projects, including conducting plan review and
inspections. State universities, Florida College System institutions, and public school districts must use
or contract with licensed building officials, inspectors, and plan examiners, and may elect to use a local
government's building department to review plans and perform inspections. 15

It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a permit from the local government or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency. 16

To obtain a permit, an applicant must complete an application for the proposed work on the form
furnished by the government entity.17 A local enforcement agency that issues building permits must
post each type of building permit application on its website. A local enforcement agency must allow
applicants to submit permit applications electronically to the local enforcement agency, which must
provide accepted methods of electronic submission. Accepted methods of electronic submission
include, but are not limited to: 18

• E-mail submission of applications in PDF;
• Submission of applications through an electronic fill-in form available on the building
department's website; or
• Through a third-party submission management software.

A local enforcement agency is an agency of local government, a local school board, a community
college board of trustees, or a university board of trustees in the State University System with
jurisdiction to make inspections of buildings and to enforce the Building Code. 19

Payments, attachments, or drawings required as part of the permit application may be submitted in
person in a nonelectronic format, at the discretion of the building official. 20

If a building official or plans reviewer denies a permit application or revokes a building permit, the
building official or plans reviewer must give the permit applicant a reason for denying or revoking the
permit. The reason must be based on compliance with the Building Code or a local ordinance. Failing
to provide a reason for denying or revoking a building permit, which is based on compliance with the
Building Code or a local ordinance, is grounds for discipline against the building official or plans
reviewer's license. 21

15
S. 553.80(6), F.S.
16
See Ss. 125.56(4)(a) & 553.79(1), F.S.
17
Ss. 713.135(5) and (6), F.S.
18
Ss. 125.56(4)(b) & 553.79(1)(b), F.S.
19
553.71(5), F.S.
20
Ss. 125.56(4)(b) & 553.79(1)(b), F.S.
21 Id.
STORAGE NAME: h0667.RRS.D0CX PAGE: 4
DATE: 2/26/2021
Building Inspections

Any construction work that requires a building permit also requires plans and inspections to ensure the
work complies with the Building Code. The Building Code requires certain building, electrical, plumbing,
mechanical, and gas inspections. 22 Construction work may not be done beyond a certain point until it
passes an inspection. Generally speaking, a permit that passes the required inspections is considered
completed or closed. 23

The Building Code requires the following inspections depending on the scope of the construction
work: 24

• Building, including;
o Foundation.
o Framing.
o Sheathing.
o Exterior wall coverings.
o Roofing.
o Swimming pool.
o Demolition.
o Manufactured building;
o Impact-resistant coverings.
o Final inspection.
• Electrical;
• Plumbing;
• Mechanical;
• Gas;
• Lath, gypsum board and gypsum panel product;
• Weather-exposed balcony and walking surface waterproofing;
• Fire- and smoke-resistant penetrations;
• Energy efficiency;
• Termites;
• Shoring; and
• Threshold.

In addition to the inspections required by the Building Code, a building official may require other
inspections of any construction work to ascertain compliance with the provisions of the Building Code
and other laws that are enforced by the government entity. 25

Local Government Fees & Permits

Each government entity may provide a schedule of reasonable fees in order to defer the costs of
inspection and enforcement of the Building Code. The basis for a local government's fee structure must
relate to the level of service provided by the local government. Fees charged must be consistently
applied. Each local government must post its permit and inspection fee schedule on its website. 26

22
S 110 Seventh edition of the Florida Building Code (Building).
23
Doug Wise, Closing Inactive & Excluded Building Permits, Palm Beach County Planning, Zoning & Building Department,
Building Division, http://discover.pbcgov.org/pzb/building/BuildingC6des/PB0-
126%20%E2%80%93%20Closing%201nactive%20and%20Excluded%20Building%20Pennits.pdf (last visited Mar. 15, 2019).
24
S. 110, Seventh Edition of the Florida Building Code (Building).
25
S. 110.3.10, Seventh Edition of the Florida Building Code (Building).
26
Ss. 125.56(2), 166.222, 553.79(1), and 553.80(7), F.S.
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DATE: 2/26/2021
A local government's permit and inspection fees must be used solely for carrying out that local
government entity's responsibilities in enforcing the Building Code. This includes: 27

• the direct costs and reasonable indirect costs associated with review of building plans, building
inspections, reinspections, and building permit processing;
• building code enforcement;
• fire inspections associated with new construction; and
• training costs associated with the enforcement of the Building Code and enforcement action
pertaining to unlicensed contractor activity to the extent not funded by other user fees.

DBPR Surcharges

Current law requires that all local governments assess and collect a 1.0% 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
Florida Building Commission, DBPR's Building Code Compliance and Mitigation Program, and the
Florida Fire Prevention Code informal interpretations. 28

Current law also requires that all local governments 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 BCAIB and the Florida Homeowners' Construction Recovery
Fund. 29

Local government building departments are permitted to retain 10% of the amount of the surcharges
they collect to fund participation of their agencies in the national and state building code adoption
processes and to provide education related to enforcement of the Florida Building Code. 30

Electronic Request for Inspections

Current law requires all local enforcement agencies to allow contractors to apply for permits
electronically. However, there is no provision requiring local enforcement agencies to allow contractors
to request inspections electronically.

Multiple building departments in Florida already allow permit holders to electronically request
inspections, 31 while others do not. Instead, they require permit holders to call the building department
during its business hours, which limits the time when a permit holder can request an inspection, or use
an interactive voice response. 32

27
S. 553.80(7), F.S.
28
S. 553.721, F.S.
29
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.
30
Ss. 468.631, and 553.721, F.S.
31
Orange County Government Florida, Division ofBuilding Safety,
https://www .orangecountyfl.net/PermitsLicenses/DivisionOfBuildingSafety.aspx# inspecti.ons (last visited Feb. 12, 2021 ); Brevard
County, Brevard County Building Inspection Request, https://www.brevardfl.gov!PlanningDev/BuildingPermits/JnspectiooRequest
(last visited Feb. 12, 2021); Town of Davie Florida, Online Self Service, https://www.davie-fl.gov/2 13/0nline-Self-Service (last
visited Feb. 12, 2021).
32
Fort Myers Community Development, Building, Permitting & Inspections (BPI), https://cityftmyers.com/1293/Building-Pennitting-
Inspections (last visited Feb. 12, 2021); Monroe County, Building and Permitting Quick Links, https://www.monroecounty-
fl.gov/149/ Building-and-Pennitting (last visited Feb. 12, 2021)
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Proponents argue that allowing permit holders to electronically request inspections can provide
inspectors a real-time schedule, including cancellation, location, and contact information for their
scheduled inspections. Building departments note that there is an initial cost for the transition to
electronic requests. 33

Virtual Building Inspections

As a result of COVID-19, many building departments in Florida began performing virtual inspections in
order to prevent a shut down and to protect building department staff, contractors, and property
owners. Virtual inspections allow a building official or inspector to perform an inspection without having
to be physically present at the jobsite. They also allow building departments to continue operating
during the COVID-19 epidemic, which allows contractors to keep working. 34

Virtual inspections can range from roofing inspections, windows and doors inspections, to A/C change
outs depending on the jurisdiction. Virtual inspections can be more efficient than in-person inspections
by reducing jobsite travel time, by allowing contractors to immediately request an inspection once they
finish work, and by allowing the contractor to remain on the jobsite. 35

Virtual inspections are usually done by having the contractor or owner at the jobsite with a mobile
phone or tablet with a camera. The building official or inspector calls the contractor or owner via video
chat, and the building official or inspector directs the contractor or owner to allow him or her to view
specific work. 36

Some building departments have indicated that they plan to continue using virtual inspections once the
COVID-19 emergency is over. 37

Current law does not specifically prohibit building departments from performing virtual inspections, but it
also does not specifically allow building departments to perform virtual inspections.

Reasons for Failing an Inspection

Current law requires a building official or plans reviewer, who denies or revokes a building permit, to
provide the permit applicant or permit holder a reason for denying or revoking the permit. The reason
must be based on compliance with the Building Code or a local ordinance. If a building official or plans
reviewer fails to provide a reason for denying or revoking a building permit based on compliance with
the Building Code or a local ordinance, the building official or plans reviewer's license may be
disciplined. 38

33
National Institute of Building Sciences, Washington, D.C., Electronic Permitting Systems and How to Implement Them, (April
2002) https://www.huduser.gov/publications/pdf/permitting all 4 12 02.pdf (last visited Feb. 23, 2021).
34
Monica Casey, Tallahassee creates virtual building inspections to save jobs and keep social distancing, WCTV.tv (Apr. 8, 2020)
https://www.wctv.tv/content/news/Tal lahassee-creates-v irtual-buiId ing-i nspections-to-sa ve- jobs-and-keep-social-distancing-
56948556 l. htm I (last visited Feb. 23, 2021 ); Orange County, Orange County Division ofBuilding Safety Launches Remote
Inspections, (Jul. 22, 2020) https://newsroom.ocfl.net/2020/07/orange-county-division-of-building-safety-launches-remote-
inspections/ (last visited Feb. 23, 2021) Marsha Lidskin, Palm Coast building inspections for occupied homes go virtual for COVID-
19 safety, PalmCoastObserver.com (Aug. 27, 2020) https://www .palmcoastobserver.com/article/palm-coast-building-inspections-for-
occupied-homes-go-virtual-for-covid-19-safety (last visited Feb. 23, 2021 ).
35
Miami Beach, Modified Procedures for Building Code Inspections During COVID-19 Emergency Period,
https://www.miamibeachfl.gov/wp-content/uploads/2020/05/VirtuaJ-inspections-procedures-2.pdf (last visited Feb. 23, 2021 ); Boca
Raton, Virtual Inspections, https://myboca.us/ 1846/Virtual-Inspections (last visited Feb. 23, 2021); Orange County, supra at note 32.
36 Id.
37
Kim Slowey, Building officials turn to video inspections to mitigate COVID-19 risk, Construction Dive (Apr. 15, 2020)
https://www .constructiondive. com/news/covid-19-forces-bu iId ing-officials-to-exp lore-remote-video- inspections/576072/ (last visited
Feb. 23, 2021).
38
S. 553.79(1)(a), F.S.
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The Building Code requires an inspector who to notify the permit holder or his or her agent if there are
any violations that need to be corrected in order to comply with the Building Code. 39 However, current
law does not require a building official or inspector to provide the permit holder a specific reason for
failing the inspection.

According to industry members, some local government inspectors do not provide a reason for failing
an inspection that is based on compliance with the Building Code or a local ordinance. This results in a
permit holder having to guess why the work did not pass the inspection, and causes delays until the
permit holder can speak with the inspector. 40

Effect of the Bill

The bill requires local enforcement agencies to allow requests for inspections to be submitted
electronically. Accepted methods of electronic submission include, but are not limited to:

• E-mail;
• An electronic fill-in form available on the building department's website;
• A third-party submission management software; or
• An application that can be downloaded on a mobile device.

The bill provides that requests for inspections may be submitted in person, in a non-electronic format,
at the discretion of the building official.

The bill clarifies that any government entity with authority to enforce the Building Code and inspections
may perform virtual inspections at the discretion of the government entity.

The bill defines "virtual inspection" as a form of visual inspection that uses visual or electronic aids to
allow a building official, inspector, or team of inspectors to perform an inspection without having to be
physically present at the job site during the inspection.

The bill prohibits a government entity from performing a virtual inspection for structural inspections on
threshold buildings. 41

The bill requires a local enforcement agency to refund 10 percent of permit and inspection fees to a
permit holder if:

• The inspector or building official determines that the work, which requires the permit, fails an
inspection; and
• The inspector or building official fails to provide a reason, which is based on compliance with
the Building Code, the Florida Fire Prevention Code, or local ordinance, for why the work failed
the inspection within 3 days after the inspection.

If any permit and inspection fees are refunded because a building official or inspector fails to provide a
reason for failing an inspection, the DBPR surcharges for funding the Building Commission, the BCAIB,

39 S. 110.3, Seventh Edition of the Florida Building Code (Building).
40 Email from Brian Hastings, President of 4 Seasons Air Conditioning & Heating, Florida building inspectors, code section reference

for failed inspections (Feb. 23, 2021); Email from Rick Sims, President of Johnson's Air Conditioning, HVAC; Requiring Code
Citation References (Feb. 22, 2021 ); Email from David Shepard, Director of Service Operations of Cortez Heating & Air
Conditioning, Inspectors Citing Specific Codes (Feb. 23, 2021).
41 A threshold building is a building that is greater than three stories or 50 feet in height, exceeds 5,000 square feet, has an occupancy

of greater than 500 persons, and is for the gathering of persons for purposes such as civic, social or religious functions, recreation,
food or drink consumption, or awaiting transportation. A special inspector, who is licensed as an architect or engineer, must perform
structural inspections on threshold buildings. S. 553.71(12), F.S.
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and the Florida Homeowners' Recovery Fund must be recalculated based on the amount of the permit
and inspection fees after the refund.

B. SECTION DIRECTORY:
Section 1. Amends s. 125.56, F.S., requiring counties to allow electronic requests for inspections.

Section 2. Amends s. 553.79, F.S., requiring local enforcement agencies to allow electronic
inspections, allowing virtual inspections, and requiring local enforcement agencies to
reduce certain fees.

Section 3. Amends s. 440.103, F.S., conforming a cross-reference.

Section 4. Amends s. 553.80, F.S., conforming a cross-reference.

Section 5. Providing an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
See Fiscal Comments.

2. Expenditures:
Indeterminate. Local governments that do not currently allow electronic submission of inspections
may have to expend funds to meet the requirements in the bill.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact by allowing permit holders to electronically request inspections and
clarifying that government entities may perform virtual inspections at their discretion, which may reduce
the time to complete a construction project.

The bill may also have a positive impact by requiring inspectors to provide a reason for failing an
inspection, which may decrease the time to complete a construction project.

D. FISCAL COMMENTS:
The amount of permit and inspection fees that are refunded by local governments for failing to provide
a reason for failing an inspection is indeterminate. However, any amount will likely be minimal. It is
unclear if refunding a percentage of permit fees will have an impact on the surcharges received by
DBPR. However, any impact will likely be insignificant.

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DATE: 2/26/2021
Ill. COMMENTS

A CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VI I, s. 18 of the Florida Constitution may apply
because this bill requires local governments to allow permit holders to request inspections
electronically. This may result in additional expenditures to comply with the statute. However, an
exemption may apply because the fiscal impact is likely to be insignificant since local governments
currently are required to allow building permit applicants to electronically submit building permit
applications.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill provides that requests for inspections may still be submitted in person at the discretion of the
building official. This does not appear to include telephonic requests for inspections. The sponsor may
want to clarify that requests for inspections may still be made telephonically at the discretion of the
building official.

IV. AMENDMENTS/ COMMITIEE SUBSTITUTE CHANGES

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DATE: 2/26/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 667 2021

1 A bill to be entitled
2 An act relating to building inspections; amending s.
3 125.56, F.S.; requiring that certain counties allow
4 requests for inspections to be submitted
5 electronically; providing acceptable methods of
6 electronic submission; amending s. 553.79, F.S.;
7 requiring that local enforcement agencies allow
8 requests for inspections to be submitted
9 electronically; providing acceptable methods of
10 electronic submission; authorizing enforcement
11 agencies to perform virtual inspections; providing an
12 exception; providing a definition; requiring a refund
13 of certain fees in certain circumstances; requiring
14 certain surcharges be recalculated under certain
15 conditions; amending ss. 440.103 and 553.80, F.S.;
16 conforming a cross-reference; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (f) is added to subsection (4) of
22 section 125.56, Florida Statutes, to read:
23 125.56 Enforcement and amendment of the Florida Building
24 Code and the Florida Fire Prevention Code; inspection fees;
25 inspectors; etc.-

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26 ( 4)

27 (f) A county that issues building permits must allow
28 requests for inspections to be submitted electronically to the
29 county building department. Acceptable methods of electronic
30 submission include, but are not limited to, e-mail or fill-in
31 form available on the website of the building department or
32 through a third-party submission management software or
33 application that ca n be downloaded on a mobile device. Requests
34 for inspections may be submitted in person, in a nonelectronic
35 format, at the discretion of the building official.
36 Section 2. Subsections (6) through (22) of section 553.79,
37 Florida Statutes, are renumbered as subsections (8) through
38 (24), respectively, subsection (2) of that section is amended,
39 paragraph (d) is added to subsection (1) and subsections (6) and
40 (7) are added to that section, to read:
41 553.79 Permits; applications; issuance; inspections.-
42 ( 1)
43 (d ) A local enforcement a g enc y must allow re quests for
44 inspections to be submitted electronically to the local
45 enforcement agency ' s appropriate building department . Acceptable
46 methods of electronic submission include, but are not limited
47 to, e-mail or fill-in form available on the website of the
48 building department or through a third-party submission
49 management software or application that can be downloaded on a
50 mobile device. Requests for inspections may be submitted in

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51 person in a nonelectronic format, at the discretion of the
52 building official.
53 (2) Except as provided in subsection (8) subsection (6),
54 an enforcing agency may not issue any permit for construction,
55 erection, alteration, modification, repair, or demolition of any
56 building or structure until the local building code
57 administrator or inspector has reviewed the plans and
58 specifications required by the Florida Building Code, or local
59 amendment thereto, for such proposal and found the plans to be
60 in compliance with the Florida Building Code. If the local
61 building code administrator or inspector finds that the plans
62 are not in compliance with the Florida Building Code, the local
63 building code administrator or inspector shall identify the
64 specific plan features that do not comply with the applicable
65 codes, identify the specific code chapters and sections upon
66 which the finding is based, and provide this information to the
67 local enforcing agency. The local enforcing agency shall provide
68 this information to the permit applicant. In addition, an
69 enforcing agency may not issue any permit for construction,
70 erection, alteration, modification, repair, or demolition of any
71 building until the appropriate firesafety inspector certified
72 pursuant to s. 633.216 has reviewed the plans and specifications
73 required by the Florida Building Code, or local amendment
74 thereto, for such proposal and found that the plans comply with
75 the Florida Fire Prevention Code and the Life Safety Code. Any

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76 building or structure which is not subject to a firesafety code
77 shall not be required to have its plans reviewed by the
78 firesafety inspector. Any building or structure that is exempt
79 from the local building permit process may not be required to
80 have its plans reviewed by the local building code
81 administrator. Industrial construction on sites where design,
82 construction, and firesafety are supervised by appropriate
83 design and inspection professionals and which contain adequate
84 in-house fire departments and rescue squads is exempt, subject
85 to local government option, from review of plans and
86 inspections, providing owners certify that applicable codes and
87 standards have been met and supply appropriate approved drawings
88 to local building and firesafety inspectors. The enforcing
89 agency shall issue a permit to construct, erect, alter, modify,
90 repair, or demolish any building or structure when the plans and
91 specifications for such proposal comply with the Florida
92 Building Code and the Florida Fire Prevention Code and the Life
93 Safety Code as determined by the local authority in accordance
94 with this chapter and chapter 633.
95 (6) A state or local enforcement agency may perform
96 virtual inspections at the discretion of the enforcement agency.
97 However, a state or local enforcement agency may not perform
98 virtual inspections for structural inspections on a threshold
99 building. For purposes of this subsection, the term "virtual
100 inspection" means a form of visual inspection which uses visual

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101 or electronic aids to allow a building code administrator or an
102 inspector, or team of inspectors, to perform an inspection
103 without having to be physically present at the job site during
104 the inspection.
105 (7) (a) A local enforcement agency must refund 10 percent
106 of the permit and inspection fees to a permit holder if:
107 1. The inspector or building code administrator determines
108 that the work, which requires the permit, fails an inspection.
109 2. The inspector or building code administrator fails to
110 provide, within 3 days after the inspection, the permit holder
111 or his or her agent with a reason, based on compliance with the
112 Florida Building Code, Florida Fire Prevention Code, or local
113 ordinance , for why the work failed the inspection .
114 (b) If any permit and inspection fees are refunded under
115 paragraph (a) , the surcharges provided ins. 553.721 ors .
116 468.31 must be recalculated based on the amount of the permit
117 and inspection fees after the refund.
118 Section 3. Section 440.103, Florida Statutes, is amended
119 to read:
120 440.103 Building permits; identification of minimum
121 premium policy.-Every employer shall, as a condition to applying
122 for and receiving a building permit, show proof and certify to
123 the permit issuer that it has secured compensation for its
124 employees under this chapter as provided in ss. 440.10 and
125 440.38. Such proof of compensation must be evidenced by a

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126 certificate of coverage issued by the carrier, a valid exemption
127 certificate approved by the department, or a copy of the
128 employer's authority to self-insure and shall be presented,
129 electronically or physically, each time the employer applies for
130 a building permit. As provided ins. 553.79(23) o. §§3.79(21),
131 for the purpose of inspection and record retention, site plans
132 or building permits may be maintained at the worksite in the
133 original form or in the form of an electronic copy. These plans
134 and permits must be open to inspection by the building official
135 or a duly authorized representative, as required by the Florida
136 Building Code. As provided ins. 627.413(5), each certificate of
137 coverage must show, on its face, whether or not coverage is
138 secured under the minimum premium provisions of rules adopted by
139 rating organizations licensed pursuant to s. 627.221. The words
140 "minimum premium policy" or equivalent language shall be typed,
141 printed, stamped, or legibly handwritten.
142 Section 4. Subsection (1) of section 553.80, Florida
143 Statutes, is amended to read:
144 553.80 Enforcement.-
145 (1) Except as provided in paragraphs (a)-(g), each local
146 government and each legally constituted enforcement district
147 with statutory authority shall regulate building construction
148 and, where authorized in the state agency's enabling
149 legislation, each state agency shall enforce the Florida
150 Building Code required by this part on all public or private

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151 buildings, structures, and facilities, unless such
152 responsibility has been delegated to another unit of government
153 under s. 553.79(11) pursuant too. 553.79(9).
154 (a) Construction regulations relating to correctional
155 facilities under the jurisdiction of the Department of
156 Corrections and the Department of Juvenile Justice are to be
157 enforced exclusively by those departments.
158 (b) Construction regulations relating to elevator
159 equipment under the jurisdiction of the Bureau of Elevators of
160 the Department of Business and Professional Regulation shall be
161 enforced exclusively by that department.
162 (c) In addition to the requirements of s. 553.79 and this
163 section, facilities subject to the provisions of chapter 395 and
164 parts II and VIII of chapter 400 shall have facility plans
165 reviewed and construction surveyed by the state agency
166 authorized to do so under the requirements of chapter 395 and
167 parts II and VIII of chapter 400 and the certification
168 requirements of the Federal Government. Facilities subject to
169 the provisions of part IV of chapter 400 may have facility plans
170 reviewed and shall have construction surveyed by the state
171 agency authorized to do so under the requirements of part IV of
172 chapter 400 and the certification requirements of the Federal
173 Government.
174 (d) Building plans approved under s. 553.77(3) and state-
175 approved manufactured buildings, including buildings

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176 manufactured and assembled offsite and not intended for
177 habitation, such as lawn storage buildings and storage sheds,
178 are exempt from local code enforcing agency plan reviews except
179 for provisions of the code relating to erection, assembly, or
180 construction at the site. Erection, assembly, and construction
181 at the site are subject to local permitting and inspections.
182 Lawn storage buildings and storage sheds bearing the insignia of
183 approval of the department are not subject to s. 553.842. Such
184 buildings that do not exceed 400 square feet may be delivered
185 and installed without need of a contractor's or specialty
186 license.
187 (e) Construction regulations governing public schools,
188 state universities, and Florida College System institutions
189 shall be enforced as provided in subsection (6).
190 (f) The Florida Building Code as it pertains to toll
191 collection facilities under the jurisdiction of the turnpike
192 enterprise of the Department of Transportation shall be enforced
193 exclusively by the turnpike enterprise.
194 (g) Construction regulations relating to secure mental
195 health treatment facilities under the jurisdiction of the
196 Department of Children and Families shall be enforced
197 exclusively by the department in conjunction with the Agency for
198 Health Care Administration's review authority under paragraph
199 (c).

200

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201 The governing bodies of local governments may provide a schedule
202 of fees, as authorized bys. 125.56(2) ors. 166.222 and this
203 section, for the enforcement of the provisions of this part.
204 Such fees shall be used solely for carrying out the local
205 government's responsibilities in enforcing the Florida Building
206 Code. The authority of state enforcing agencies to set fees for
207 enforcement shall be derived from authority existing on July 1,
208 1998. However, nothing contained in this subsection shall
209 operate to limit such agencies from adjusting their fee schedule
210 in conformance with existing authority.
211 Section 5. This act shall take effect July 1, 2021.

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REGULATORY REFORM SUBCOMMITTEE

HB 667 by Rep. Mooney
Building Inspections

AMENDMENT SUMMARY
March 2, 2021

Amendment 1 by Rep. Mooney (strike-all):
The amendment:
• Clarifies that a person may still request building inspections telephonically; and
• Clarifies that a building inspector must provide a reason for failing an inspection within 3
business days of the inspection, instead of 3 days.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Mooney offered the following:
4
5 Amendment
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (f) is added to subsection (4) of
8 section 125.56, Florida Statutes, to read:
9 125.56 Enforcement and amendment of the Florida Building
10 Code and the Florida Fire Prevention Code; inspection fees;
11 inspectors; etc.-
12 ( 4)

13 (f) A county that issues building permits must allow
14 re quests for ins p ections to be submitted electronicall y to the
15 county building department. Acceptable methods of electronic
16 submission include, but are not limited to, e-mail or fill-in

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

17 form available on the website of the building department or
18 th rough a t h ird-pa rt y submission management software or
19 application that can be downloaded on a mobile device. Requests
20 for inspections may be submitted in a nonelectronic format, at
21 the discretion of the building official.
22 Section 2. Subsections (6) through (22) of section 553.79,
23 Florida Statutes, are renumbered as subsections (8) through
24 (24), respectively, subsection (2) of that section is amended,
25 paragraph (d) is added to subsection (1) and subsections (6) and
26 (7) are added to that section, to read:
27 553.79 Permits; applications; issuance; inspections.-
28 (1)

29 (d) A local enforcement agency must allow requests for
30 inspections to be submitted electronically to the local
31 e nforceme nt a g en cy's approp riate building departme nt . Accep table
32 methods of electronic submission include, but are not limited
33 to, e-mail or fill-in form available on the website of the
34 building departmen t or thro ug h a thi rd- par t y submi ss ion
35 management software or application that can be downloaded on a
36 mobile device. Requests for inspections may be submitted in a
37 nonelectronic format, at the discretion of the building
38 official.
39 (2) Except as provided in subsection (8) subsecti on (6 ) ,
40 an enforcing agency may not issue any permit for construction,
41 erection, alteration, modification, repair, or demolition of any

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

42 building or structure until the local building code
43 administrator or inspector has reviewed the plans and
44 specifications required by the Florida Building Code, or local
45 amendment thereto, for such proposal and found the plans to be
46 in compliance with the Florida Building Code. If the local
47 building code administrator or inspector finds that the plans
48 are not in compliance with the Florida Building Code, the local
49 building code administrator or inspector shall identify the
50 specific plan features that do not comply with the applicable
51 codes, identify the specific code chapters and sections upon
52 which the finding is based, and provide this information to the
53 local enforcing agency. The local enforcing agency shall provide
54 this information to the permit applicant. In addition, an
55 enforcing agency may not issue any permit for construction,
56 erection, alteration, modification, repair, or demolition of any
57 building until the appropriate firesafety inspector certified
58 pursuant to s. 633.216 has reviewed the plans and specifications
59 required by the Florida Building Code, or local amendment
60 thereto, for such proposal and found that the plans comply with
61 the Florida Fire Prevention Code and the Life Safety Code. Any
62 building or structure which is not subject to a firesafety code
63 shall not be required to have its plans reviewed by the
64 firesafety inspector. Any building or structure that is exempt
65 from the local building permit process may not be required to
66 have its plans reviewed by the local building code
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

67 administrator. Industrial construction on sites where design,
68 construction, and firesafety are supervised by appropriate
69 design and inspection professionals and which contain adequate
70 in-house fire departments and rescue squads is exempt, subject
71 to local government option, from review of plans and
72 inspections, providing owners certify that applicable codes and
73 standards have been met and supply appropriate approved drawings
74 to local building and firesafety inspectors. The enforcing
75 agency shall issue a permit to construct, erect, alter, modify,
76 repair, or demolish any building or structure when the plans and
77 specifications for such proposal comply with the Florida
78 Building Code and the Florida Fire Prevention Code and the Life
79 Safety Code as determined by the local authority in accordance
80 with this chapter and chapter 633.
81 (6) A state or local enforcement agency may perform
82 virtual inspections at the discretion of the enforcement agency.
83 However, a state or local enforcement agency may not perform
84 virtual inspections for structural inspections on a threshold
85 building. For purposes of this subsection, the term "virtual
86 inspection" means a form of visual inspection which uses visual
87 or electronic aids to allow a building code administrator or an
88 inspector, or team of inspectors, to perform an inspection
89 without having to be physically present at the job site during
90 the inspection.
91 (7) (a) A local enforcement agency must refund 10 percent
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

92 of the permit and inspection fees to a permit holder if:
93 1. The inspector or building code administrator determines
94 that the work, which requires the permit, fails an inspection.
95 2. The inspector or building code administrator fails to
96 provide, within 3 business days after the inspection, the permit
97 holder or his or her agent with a reason, based on compliance
98 with the Florida Building Code, Florida Fire Prevention Code, or
99 local ordinance, for why the work failed the inspection.
100 (b) If any permit and inspection fees are refunded under
101 paragraph (a), the surcharges provided ins. 553.721 ors .
102 468.631 must be recalculated based on the amount of the permit
103 and inspection fees after the refund.
104 Section 3. Section 440.103, Florida Statutes, is amended
105 to read:
106 440.103 Building permits; identification of minimum
107 premium policy.-Every employer shall, as a condition to applying
108 for and receiving a building permit, show proof and certify to
109 the permit issuer that it has secured compensation for its
110 employees under this chapter as provided in ss. 440.10 and
111 440.38. Such proof of compensation must be evidenced by a
112 certificate of coverage issued by the carrier, a valid exemption
113 certificate approved by the department, or a copy of the
114 employer's authority to self-insure and shall be presented,
115 electronically or physically, each time the employer applies for
116 a building permit. As provided ins. 553.79(23) o. 553.79(21),
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

117 for the purpose of inspection and record retention, site plans
118 or building permits may be maintained at the worksite in the
119 original form or in the form of an electronic copy. These plans
120 and permits must be open to inspection by the building official
121 or a duly authorized representative, as required by the Florida
122 Building Code. As provided ins. 627.413(5), each certificate of
123 coverage must show, on its face, whether or not coverage is
124 secured under the minimum premium provisions of rules adopted by
125 rating organizations licensed pursuant to s. 627.221. The words
126 "minimum premium policy" or equivalent language shall be typed,
127 printed, stamped, or legibly handwritten.
128 Section 4. Subsection (1) of section 553.80, Florida
129 Statutes, is amended to read:
130 553.80 Enforcement.-
131 (1) Except as provided in paragraphs (a)-(g), each local
132 government and each legally constituted enforcement district
133 with statutory authority shall regulate building construction
134 and, where authorized in the state agency's enabling
135 legislation, each state agency shall enforce the Florida
136 Building Code required by this part on all public or private
137 buildings, structures, and facilities, unless such
138 responsibility has been delegated to another unit of government
139 under s. 553.79(11) pursuant to s. 55 3 .79 ( 9).
140 (a) Construction regulations relating to correctional
141 facilities under the jurisdiction of the Department of

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

142 Corrections and the Department of Juvenile Justice are to be
143 enforced exclusively by those departments.
144 (b) Construction regulations relating to elevator
145 equipment under the jurisdiction of the Bureau of Elevators of
146 the Department of Business and Professional Regulation shall be
147 enforced exclusively by that department.
148 (c) In addition to the requirements of s. 553.79 and this
149 section, facilities subject to the provisions of chapter 395 and
150 parts II and VIII of chapter 400 shall have facility plans
151 reviewed and construction surveyed by the state agency
152 authorized to do so under the requirements of chapter 395 and
153 parts II and VIII of chapter 400 and the certification
154 requirements of the Federal Government. Facilities subject to
155 the provisions of part IV of chapter 400 may have facility plans
156 reviewed and shall have construction surveyed by the state
157 agency authorized to do so under the requirements of part IV of
158 chapter 400 and the certification requirements of the Federal
159 Government.
160 (d) Building plans approved under s. 553.77(3) and state-
161 approved manufactured buildings, including buildings
162 manufactured and assembled offsite and not intended for
163 habitation, such as lawn storage buildings and storage sheds,
164 are exempt from local code enforcing agency plan reviews except
165 for provisions of the code relating to erection, assembly, or
166 construction at the site. Erection, assembly, and construction

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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1 .

167 at the site are subject to local permitting and inspections.
168 Lawn storage buildings and storage sheds bearing the insignia of
169 approval of the department are not subject to s. 553.842. Such
170 buildings that do not exceed 400 square feet may be delivered
171 and installed without need of a contractor's or specialty
172 license.
173 (e) Construction regulations governing public schools,
174 state universities, and Florida College System institutions
175 shall be enforced as provided in subsection (6).
17 6 (f) The Florida Building Code as it pertains to toll
177 collection facilities under the jurisdiction of the turnpike
178 enterprise of the Department of Transportation shall be enforced
179 exclusively by the turnpike enterprise.
180 (g) Construction regulations relating to secure mental
181 health treatment facilities under the jurisdiction of the
182 Department of Children and Families shall be enforced
183 exclusively by the department in conjunction with the Agency for
184 Health Care Administration's review authority under paragraph
185 (c).

186
187 The governing bodies of local governments may provide a schedule
188 of fees, as authorized bys. 125.56(2) ors. 166.222 and this
189 section, for the enforcement of the provisions of this part.
190 Such fees shall be used solely for carrying out the local
191 government's responsibilities in enforcing the Florida Building
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 667 (2021)
Amendment No. 1.

192 Code. The authority of state enforcing agencies to set fees for
193 enforcement shall be derived from authority existing on July 1,
194 1998. However, nothing contained in this subsection shall
195 operate to limit such agencies from adjusting their fee schedule
196 in conformance with existing authority.
197 Section 5. This act shall take effect July 1, 2021.
198

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 735 Preemption of Local Occupational Licensing
SPONSOR(S): Harding
TIED BILLS: IDEN./SIM. BILLS: SB 268

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Wright Anstead

2) Commerce Committee

SUMMARY ANALYSIS

The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law. Those counties
operating under a county charter have all powers of self-government not inconsistent with general law or
special law approved by vote of the electors. Likewise, municipalities have governmental, corporate, and
proprietary powers that enable them to conduct municipal government, perform functions, provide services,
and exercise any power for municipal purposes, except as otherwise provided by law.

General law directs a number of state agencies and licensing boards to regulate many professions and
occupations. General law can also authorize or preempt local regulation of professions and occupations, which
is typically done specifically and individually by subject matter, business type, or occupation.

The bill expressly preempts the licensing of occupations to the state and supersedes any local government
licensing of occupations. However, any licensing of occupations adopted prior to July 1, 2021, will continue to
be effective until July 1, 2023, at which time it will expire. Any licensing of occupations authorized by general
law is exempt from the preemption.

The bill specifically prohibits local governments from requiring a license for a person whose job scope does not
substantially correspond to that of a contractor or journeyman licensed by the Construction Industry Licensing
Board, and specifically precludes local governments from requiring a license for: painting, flooring, cabinetry,
interior remodeling, handyman services, driveway or tennis court installation, decorative stone, tile, marble,
granite, or terrazzo installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron
installation.

The bill also expressly authorizes counties and municipalities to issue journeyman licenses in the plumping,
pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades, which is the
current practice by counties and municipalities.

The bill does not appear to have a fiscal impact on state or local governments.

The bill has an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0735.RRS.D0CX
DATE: 2/25/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Local Government Authority

Likewise, municipalities 3 have those governmental, corporate, and proprietary powers that enable them
to conduct municipal government, perform functions, provide services, and exercise any power for
municipal purposes, except as otherwise provided by law. 4

A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary. Special districts are created by general law, 5 special act, 6
local ordinance,7 or by rule of the Governor and Cabinet. 8 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district's charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county. 9

A "dependent special district" is a special district where the membership of the governing body is
identical to the governing body of a single county or municipality, all members of the governing body
are appointed by the governing body of a single county or municipality, members of the district's
governing body are removable at will by the governing body of a single county or municipality, or the
district's budget is subject to the approval of the governing body of a single county or municipality. 10 An
"independent special district" is any district that is not a dependent special district. 11

Revenue Sources Authorized in the Florida Constitution 12

The Florida Constitution limits the ability of local governments to raise revenue for their operations. The
Florida Constitution provides:

1 Art. VIII, s. 1(f), Fla. Const.
2
Art. VI II, s. 1(g), Fla. Const.
3 A municipality is a local government entity created to perform functions and provide services for the particular benefit of the population

within the municipality, in addition to those provided by the county. The term "municipality" may be used interchangeably with the terms
"town," "city," and "village."
4 Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
5 Section 189.031(3), F.S.

s 1d.
7 S. 189.02(1 ), F .S.
8
S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
9
2018- 2020 Local Gov't Formation Manual, p. 62,
https://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&Committeeld=3025&Sessio
n=2019&DocumentType=General%20Publications&FileName=2018-
2020%20Local%20Government%20Formation%20Manual%20Final.pdf (last visited Dec 19, 2019).
10 S. 189.012(2), F.S.
11 S. 189.012(3), F.S.
12 The Florida Legislature, Office of Economic and Demographic Research, 2019 Local Government Financial Information Handbook, p.

1, http://edr. state.fl. us/Content/local-government/reports/lgfih 19. pdf.
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DATE: 2/25/2021
No tax shall be levied except in pursuance of law. No state ad valorem taxes 13
shall be levied upon real estate or tangible personal property. All other forms of
taxation shall be preempted to the state except as provided by general law. 14

Counties, school districts, and municipalities shall, and special districts may, be
authorized by law to levy ad valorem taxes and may be authorized by general
law to levy other taxes, for their respective purposes, except ad valorem taxes on
intangible personal property and taxes prohibited by this constitution. 15

However, not all local government revenue sources are taxes requiring general law authorization.
When a county or municipal revenue source is imposed by ordinance, the question is whether the
charge is a valid assessment or fee. As long as the charge is not deemed a tax, the imposition of the
assessment or fee by ordinance is within the constitutional and statutory home rule powers of county
and municipal governments. If the charge is not a valid assessment or fee, it is deemed a revenue
source requiring general law authorization.

Revenue Sources Based on Home Rule Authority

Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and
special assessments to pay the cost of providing a facility or service or regulating an activity. A
regulatory fee should not exceed the regulated activity's cost and is generally required to be applied
solely to the regulated activity's cost for which the fee is imposed. 16

Preemption

State preemption precludes a local government from exercising authority in a particular area, and
requires consistency with the state constitution or state statute. 17 A local government enactment may
be found inconsistent with state law if (1) the Legislature has preempted a particular subject area to the
state or (2) the local regulation conflicts with a state statute. 18

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 19 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent. 20 When local ordinances have
been enacted in the face of state preemption, the effect has been to find such ordinances null and
void. 21

Implied preemption is a legal doctrine created to address those situations in which the courts may have
been concerned by the legislature's failure to expressly preempt areas which, for all intents and
purposes, seemed dominated by the state. Findings of implied preemption are for a very narrow class
of areas in which the state has legislated pervasively. 22

13 "Ad valorem tax" means a tax based upon the assessed value of property." Section 192.001(1), F.S.
14 Art. VII, s. 1(a), Fla. Const.
15 Art. VII, s. 9(a), Fla. Const.
16 EDR, supra note 12, at 9.
17 James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla. B.J. 92
(June 2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-
analysis/.
18 /d.
19 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d

1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
20 Mulligan, 934 So. 2d at 1243.
21 See, e.g., Nat'/ Rifle Ass'n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
22 Wolf and Bolinder, supra note 17.
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DATE: 2/25/2021
Professions and Occupations

General law directs a number of state agencies and licensing boards to regulate certain professions
and occupations. For example, the Department of Business and Professional Regulation (DBPR)
currently regulates approximately 25 professions and occupations. 23

General law determines whether local governments are able to regulate occupations and businesses,
and to what degree. 24 If state law preempts regulation for an occupation, then, generally, local
governments may not regulate that occupation. 25 For example, Florida law currently preempts local
regulation with regard to the following:
• assessing local fees associated with providing proof of licensure as a contractor, , or providing,
recording, or filing evidence of worker's compensation insurance coverage by a contractor; 26
• assessing local fees and rules regarding low-voltage alarm system projects; 27
• tobacco and nicotine products; 28
• firearms, weapons, and ammunition; 29
• employment benefits; 30
• polystyrene products; 31
• public lodging establishments and public food service establishments; 32 and
• disposable plastic bags. 33

Conversely, Florida law also specifically grants local jurisdictions the right to regulate businesses,
occupations and professions in certain circumstances. 34 For example, Florida law specifically
authorizes regulations relating to:
• zoning and land use;
• the levy of "reasonable business, professional, and occupational regulatory fees, commensurate
with the cost of the regulatory activity, including consumer protection, on such classes of
businesses, professions, and occupations, the regulation of which has not been preempted by
the state or a county pursuant to a county charter''; 35
• the levy of local business taxes; 36
• building code inspection fees; 37
• tattoo establishments; 38
• massage practices; 39
• child care facilities; 40
• taxis and other vehicles for hire; 41 and
• waste and sewage collection. 42

23 S. 20.165, F.S.
24 Art. VIII, s. 1(f), Fla. Const.; Art. VII, s. 9(a), Fla. Const.; Art. VIII, s. 2(b), Fla. Const.; s. 166.021(1), F.S.
25 /d.; Wolf and Bolinger, supra note 17.
26 S. 553.80(7)(d), F.S.
21 S. 489.503(14), F.S.
28 Ch. 569, F.S., ands. 386.209, F.S.
29 S. 790.33(1), F.S.
30 S. 218.077, F.S.
31 S. 500.90, F.S.
32 S. 509.032, F.S.

33 S. 403.7033, F.S.
34 Supra note 25.
35 S. 166.221, F.S.
36 Ch. 205, F.S.
37 S. 166.222, F.S.
38 S. 381.00791, F.S.
39 S. 480.052, F.S.
40 S. 402.306, F.S

41 S. 125.01 (1 )(n), F .S.
42 S. 125.01(1)(k), F.S.
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DATE: 2/25/2021
Construction Professional Licenses

Chapter 489, F.S., relates to "contracting," with part t addressing the licensure and regulation of
construction contracting, and part II addressing the licensure and regulation of electrical and alarm
system contracting.

Construction contractors are either certified or registered by the Construction Industry Licensing Board
(CILB) housed within DBPR. The CILB consists of 18 members who are appointed by the Governor
and confirmed by the Senate. The CILB meets to approve or deny applications for licensure, review
disciplinary cases, and conduct informal hearings relating to discipline. 43

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state.44

"Certified specialty contractors" are contractors whose scope of work is limited to a particular phase of
construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
CILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
the state.

"Registered contractors" are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued. 45

43 S. 489.107, F.S.
44 S. 489.105, F.S.
45 S. 489.103, F.S.
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DATE: 2/25/2021
The GILB licenses the following types of contractors: 46

• Air Conditioning- Classes A, B, and C • Drywall
• Building • Demolition
• General • Gas Line
• Internal Pollutant Storage Tank Lining • Glass and Glazing
Applicator • Industrial Facilities
• Mechanical • Irrigation
• Plumbing • Marine
• Pollutant Storage Systems • Residential Pool/Spa Servicing
• Pool/Spa- Classes A, B, and C • Solar Water Heating
• Precision Tank Tester • Structure
• Residential • Swimming Pool Decking
• Roofing • Swimming Pool Excavation
• Sheet Metal • Swimming Pool Finishes
• Solar • Swimming Pool Layout
• Underground Excavation • Swimming Pool Piping
• Swimming Pool Structural
• Swimming Pool Trim
• Tower

Current law provides that local jurisdictions may approve or deny applications for licensure as a
registered contractor, review disciplinary cases, and conduct informal hearings relating to discipline of
registered contractors licensed in their jurisdiction.47 Local jurisdictions are not barred from issuing and
requiring construction licenses that are outside the scope of practice for a certified contractor or
certified specialty contractor, such as painting and fence erection licenses. Local governments may
only collect licensing fees that cover the cost of regulation.48

Locally registered contractors that are required to hold a contracting license to practice their profession
in accordance with state law must register with DBPR after obtaining a local license. However, persons
holding a local construction license whose job scope does not substantially correspond to the job scope
of a certified contractor or a certified specialty contractor are not required to register with DBPR. 49

Electrical contractors, alarm system contractors, and electrical specialty contractors are certified or
registered under the ECLB. Certified contractors can practice statewide and are licensed and regulated
by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may only
practice within that locality. 50

Electrical contractors are contractors who have the ability to work on electrical wiring, fixtures,
appliances, apparatus, raceways, and conduits which generate, transmit, transform, or utilize electrical
energy in any form. The scope of an electrical contractor's license includes alarm system work. 51

Alarm system contractors are contractors who are able to lay out, fabricate, install, maintain, alter,
repair, monitor, inspect, replace, or service alarm systems. An "alarm system" is defined as "any

46 S. 489 .105(a)-(q), F.S.; Rr. 61G4-15.015-040, F.A.C.
4 7 Ss. 489.117, 489.131 F.S.
48 EDR, supra note 12, at 9.

49 Ss. 489.105, & 489.117(4), F.S .
50 See generally s. 489.505, F.S.
51 Ss. 489.505(12), & 489.537(7), F.S.
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DATE: 2/25/2021
electrical device, signaling device, or combination of electrical devices used to signal or detect a
burglary, fire, robbery, or medical emergency." 52

Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
phase of electrical contracting, such as electrical signs. The ECLB creates electrical certified specialty
contractor licenses through rulemaking. Certified electrical specialty contractors can practice statewide.
The ECLB has created the following certified specialty contractor licenses:
• Lighting maintenance specialty contractor;
• Sign specialty electrical contractor;
• Residential electrical contractor;
• Limited energy systems specialty contractor; and
• Utility line electrical contractor. 53

Journeyman

A journeyman is a skilled worker in a building trade or craft. There is no state requirement for licensure
as a journeyman, but the construction and electrical contractor practice acts account for the fact that
counties and municipalities issue journeyman licenses. A person with a journeyman license must
always work under the supervision of a licensed contractor, but the state does not regulate journeymen
activities or issue journeymen licenses. 54

However, ch. 489, F.S., allows tradesman to be licensed as a journeyman in one local jurisdiction and
work in multiple jurisdictions without having to take another examination or pay an additional licensing
fee to qualify to work in the other jurisdictions (county or municipality). Specifically, s. 489.1455(1) of
part I, F.S., specifies:
• An individual who holds a valid, active journeyman license in the plumbing/pipe fitting,
mechanical, or HVAC trades issued by any county or municipality in this state may work as a
journeyman in the trade in which he or she is licensed in any county or municipality of this state
without taking an additional examination or paying an additional license fee.

The statutory criteria for licensure reciprocity between local jurisdictions for journeymen include: 55
• scoring at least 75 percent on an approved proctored examination for that construction trade;
• completing a registered apprenticeship program and demonstrating verifiable practical
experience in the particular trade;
• completing coursework approved by the Florida Building Commission specific to the discipline;
and
• not having a license suspended or revoked within the last 5 years.

Effect of the Bill

The bill defines the following terms:
• "Local government" means a county, municipality, special district, or political subdivision of the
state.
• "Occupation" means a paid job, profession, work, line of work, trade, employment, position,
post, career, field, vocation, or craft.
• "Licensing" means any training, education, test, certification, registration, or license that is
required for a person to perform an occupation along with any associated fee.

52 S. 489.505(1)-(2), F.S.
53 S. 489.505(19), & 489.511 (4), F.S; Rule 61 G6-7.001, F.A.C.
54 Ss. 489.103, 489.1455, 489.503, & 489.5335, F.S.
55 S. 489.1455, F.S. A similar reciprocity option applies to journeyman in the electrical trades. S. 489.5335, F.S.
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DATE: 2/25/2021
The bill expressly preempts occupational licensing to the state. This preemption supersedes any local
government licensing requirement of occupations unless:
• the licensing of occupations by local governments is authorized by general law; or
• the local licensing scheme for an occupation was imposed before July 1, 2021. However, any
such local licensing scheme expires on July 1, 2023.

The bill prohibits local governments that license an occupation that qualifies for the exemption until July
1, 2023, from imposing additional licensing requirements on that occupation and from modifying such
licensing.

The bill provides that any local licensing of an occupation not authorized under the provisions of the bill
or otherwise authorized by general law does not apply and may not be enforced.

The bill provides that the preemption applies to licensing that is outside the scope of state contractor
licensing provisions. Specifically, it provides that a county or municipality may not require a license for a
person whose job scope does not substantially correspond to a contractor category licensed by the
CILB. The bill specifically precludes counties and municipalities from requiring a license for certain job
scopes, including, but not limited to, painting, flooring, cabinetry, interior remodeling, handyman
services, driveway or tennis court installation, decorative stone, tile, marble, granite, or terrazzo
installation, plastering, stuccoing, caulking, canvas awning installation, and ornamental iron installation.

The bill also expressly authorizes counties and municipalities to issue journeyman licenses in the
plumping, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades,
which is the current practice by counties and municipalities. The licensing of those specific local
journeyman is exempt from the preemption in the bill.

B. SECTION DIRECTORY:
Section 1 Creates s. 163.21, F.S., relating to licensing of occupations preempted to the state.
Section 2 Amends s. 489.117, F.S., relating to registration; specialty contractors.
Section 3 Amends s. 489.1455, F.S., relating to journeyman; reciprocity; standards.
Section 4 Amends s. 489.5335, F.S., relating to journeyman; reciprocity; standards.
Section 5 Provides an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

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The bill will have an indeterminate positive impact on the private sector. Workers may have to pay less
in licensing and examination fees in some local jurisdictions. There may be an increase in the number
of people in the workforce practicing their chosen professions.

D. FISCAL COMMENTS:

The fiscal impact of the bill on local governments is indeterminate.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 735 2021

1 A bill to be entitled
2 An act relating to preemption of local occupational
3 licensing; creating s. 163.211, F.S.; providing
4 definitions; preempting licensing of occupations to
5 the state; providing exceptions; prohibiting local
6 governments from imposing additional licensing
7 requirements or modifying licensing u~less specified
8 conditions are met; specifying that certain local
9 licensing that does not meet specified criteria does
10 not apply and may not be enforced; amending s.
11 489.117, F.S.; specifying that certain specialty
12 contractors are not required to register with the
13 Construction Industry Licensing Board; prohibiting
14 local governments from requiring certain specialty
15 contractors to obtain a license under specified
16 circumstances; specifying job scopes for which a local
17 government may not require a license; amending ss.
18 489.1455 and 489.5335, F.S.; authorizing counties and
19 municipalities to issue certain journeyman licenses;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 163.211, Florida Statutes, is created
25 to read:

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HB 735 2021

26 163.211 Licensing of occupations preempted to state.-
27 (1) DEFINITIONS.-As used in this section :
28 (a) "Licensing" means any training, education, test,
29 certification, registration, or license that is required for a
30 person to perform an occupation in addition to any associated
31 fee.
32 (b) "Local government" means a county, municipality,
33 special district, or political subdivision of the state.
34 (c) "Occupation" means a paid job, profession, work, line
35 of work, trade, employment, position, post, career, field,
36 vocation, or craft.
37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.-The
38 licensing of occupations is expressly preempted to the state and
39 this section supersedes any local government licensing
40 requirement of occupations with the exception of the following:
41 (a) Any local government that imposed licenses on
42 occupations before January 1, 2021. However, any such local
43 government licensing of occupations expires on July 1, 2023.
44 (b) Any local government licensing of occupations
45 authorized by general law.
46 (3) EXISTING LICENSING LIMIT.-A local government that
47 licenses occupations and retains such licensing as set forth in
48 paragraph (2) (a) may not impose additional licensing
49 requirements on that occupation or modify such licensing .
50 (4) LOCAL LICENSING NOT AUTHORIZED.-Local licensing of an

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HB 735 2021

51 occupation that is not authorized under this section or
52 otherwise authorized by general law does not apply and may not
53 be enforced.
54 Section 2. Paragraph (a) of subsection (4) of section
55 489.117, Florida Statutes, is amended to read:
56 489.117 Registration; specialty contractors.-
57 (4) (a) A person holding a local license whose job scope
58 does not substantially correspond to either the job scope of one
59 of the contractor categories defined ins. 489.105(3) (a)-(o), or
60 the job scope of one of the certified specialty contractor
61 categories established by board rule, is not required to
62 register with the board to perform contracting activities within
63 the scope of such specialty license. A local government, as
64 defined ins. 163.211, may not require a person to obtain a
65 license for a job scope which does not substantially correspond
66 to the job scope of one of the contractor categories defined in
67 s. 489.105(3) (a)-(o) and (q) or authorized ins. 489.1455(1).
68 For purposes of this section, job scopes for which a local
69 government may not require a license include, but are not
70 limited toJ painting; flooring; cabinetry; interior remodeling;
71 driveway or tennis court installation; handyman services;
72 decorative stone, tile, marble, granite, or terrazzo
73 installation; plastering; stuccoing; caulking; and canvas awning
74 and ornamental iron installation.
75 Section 3. Section 489.1455, Florida Statutes, is amended

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 735 2021

76 to read:
77 489.1455 Journeyman; reciprocity; standards.-
78 (1) Counties and municipalities are authorized to issue
79 journeyman licenses in the plumbing, pipe fitting, mechanical,
80 or HVAC trades.
81 J1.l+±+ An individual who holds a valid, active journeyman
82 license in the plumbing, pipe fitting plumbing/pipe fitting,
83 mechanical, or HVAC trades issued by any county or municipality
84 in this state may work as a journeyman in the trade in which he
85 or she is licensed in any county or municipality of this state
86 without taking an additional examination or paying an additional
87 license fee, if he or she:
88 (a) Has scored at least 70 percent, or after October 1,
89 1997, at least 75 percent, on a proctored journeyman Block and
90 Associates examination or other proctored examination approved
91 by the board for the trade in which he or she is licensed;
92 (b) Has completed an apprenticeship program registered
93 with a registration agency defined in 29 C.F.R. s. 29.2 and
94 demonstrates 4 years' verifiable practical experience in the
95 trade for which he or she is licensed, or demonstrates 6 years'
96 verifiable practical experience in the trade for which he or she
97 is licensed;
98 (c) Has satisfactorily completed specialized and advanced
99 module coursework approved by the Florida Building Commission,
100 as part of the building code training program established ins.

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HB 735 2021

101 553.841, specific to the discipline or, pursuant to
102 authorization by the certifying authority, provides proof of
103 completion of such coursework within 6 months after such
104 certification; and
105 (d) Has not had a license suspended or revoked within the
106 last 5 years.
107 lll_-R+ A local government may charge a registration fee
108 for reciprocity, not to exceed $25.
109 Section 4. Section 489.5335, Florida Statutes, is amended
110 to read:
111 489.5335 Journeyman; reciprocity; standards.-
112 (1) Counties and municipalities are authorized to issue
113 journeyman licenses in the electrical and alarm system trades.
114 ~+±+ An individual who holds a valid, active journeyman
115 license in the electrical or alarm system trade issued by any
116 county or municipality in this state may work as a journeyman in
117 the trade in which he or she is licensed in any other county or
118 municipality of this state without taking an additional
119 examination or paying an additional license fee, if he or she:
120 (a) Has scored at least 70 percent, or after October 1,
121 1997, at least 75 percent, on a proctored journeyman Block and
122 Associates examination or other proctored examination approved
123 by the board for the electrical trade in which he or she is
124 licensed;
125 (b) Has completed an apprenticeship program registered

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 735 2021

126 with a registration agency defined in 29 C.F.R. s. 29.2 and
127 demonstrates 4 years' verifiable practical experience in the
128 electrical trade for which he or she is licensed, or
129 demonstrates 6 years' verifiable practical experience in the
130 electrical trade for which he or she is licensed;
131 (c) Has satisfactorily completed specialized and advanced
132 module coursework approved by the Florida Building Commission,
133 as part of the building code training program established ins.
134 553.841, specific to the discipline 7 or, pursuant to
135 authorization by the certifying authority, provides proof of
136 completion of such curriculum or coursework within 6 months
137 after such certification; and
138 (d) Has not had a license suspended or revoked within the
139 last 5 years.
140 Jll~ A local government may charge a registration fee
141 for reciprocity, not to exceed $25.
142 Section 5. This act shall take effect July 1, 2021.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 737 Craft Distilleries
SPONSOR(S): DiCeglie
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 46

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee Willson Anstead '

2) State Administration & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
In Florida, the Beverage Law regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco in the Department
of Business and Professional Regulation administers and enforces the Beverage Law.

The bill creates a quota license exemption for craft distilleries located in a community redevelopment district,
subject to certain requirements and limitations.

The bill amends the craft distillery requirements ins. 565.03, F.S., as follows:
• Increases the production limit to qualify as a craft distillery from 75,000 gallons per calendar year to
250,000 gallons per calendar year.
• Limits the amount of distilled spirits that may be transferred to the craft distillery's souvenir gift shop for sale
to consumers to 75,000 gallons per calendar year.
• Effective July 1, 2026, requires that a minimum of 60% of the craft distillery's total branded products must
be distilled in this state and contain one or more Florida agricultural products.
• Authorizes a maximum of 10 craft distillery licenses under common ownership, consisting of four with a
production cap of 250,000 gallons and six with a production cap of 50,000 gallons. "Common ownership" is
defined to mean "having a direct or indirect financial interest in two or more distilleries by the same person."
• Allows craft distilleries to sell distilled spirits manufactured on the premises to consumers by the drink or by
package.
• Clarifies that craft distilleries may only sell directly to consumers in face-to-face transactions.
• Repeals the six bottle limit per branded product per consumer at a craft distillery's souvenir gift shop.
• Prohibits craft distilleries from shipping alcoholic beverages to consumers.

The bill also authorizes a craft distillery permit for tastings at Florida fairs, trade shows, farmers markets,
expositions, and festivals.

The bill may have a positive fiscal impact for certain entities involved in the production or sale of distilled spirits.

The bill provides an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 2/25/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Beverage Law and the Three-Tier System

In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor
by manufacturers, distributors, and vendors. The Division of Alcoholic Beverages and Tobacco
(Division) within the Department of Business and Professional Regulation (DBPR) administers and
enforces the Beverage Law. 2

"Alcoholic beverages" are defined ins. 561.01, F.S., as "distilled spirits and all beverages containing
one-half of 1 percent or more alcohol by volume." "Malt beverages" are brewed alcoholic beverages
containing malt. 3

Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based
upon what is termed the "three-tier system." The system requires separation of the manufacture,
distribution, and sale of alcoholic beverages. The manufacturer creates the beverages, and the
distributor obtains the beverages from the manufacturer to deliver to the vendor. The vendor makes the
ultimate sale to the consumer. 4

Generally, only licensed vendors are permitted to sell alcoholic beverages directly to consumers at
retail, and manufacturers, distributors, and exporters5 are generally prohibited from holding a vendor's
license. 6 Manufacturers, distributors, and vendors are generally prohibited from being licensed or
having an interest in more than one tier. Limited exceptions, subject to certain conditions, include the
ability for a craft brewery to hold a vendor's license (tap room), a restaurant to hold a manufacturer's
license (brew pub), and a winery to hold up to three vendor's licenses. 7

Exceptions

Exceptions to the three-tier regulatory system allow certain in-state wineries, 8 craft breweries, 9 and craft
°
distilleries to sell directly to consumers. 1 Further, certain restaurants may be granted a vendor's
license to manufacture a limited quantity of malt beverages which can be sold to consumers for
consumption on premises. 11

Wineries may receive up to 3 vendor's licenses on property contiguous to the manufacturing premises
of the winery. 12 Section 599.004, F.S., establishes the Florida Farm Winery Program within the
Department of Agriculture and Consumer Services. The requirements for certification include that a
winery produce or sell less than 250,000 gallons of wine annually of which 60% is made from state
agricultural products, maintain a minimum of 5 acres of owned or managed land in Florida which

1 Section 561.01 (6), F.S., provides that the "The Beverage Law" means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.

2 S. 561.02, F.S.
3 S. 563.01, F.S.
4
S. 561.14, F.S.
5 S. 561.01(16), F.S. "Exporter" means any person that sells alcoholic beverages to persons for use outside the state.
6 S. 561.22(1 ), F.S.; s. 561.14(3), F.S. However, see the exceptions provided in ss. 561.221 and 565.03, F.S.
7 See ss. 561.22, F.S.; 561.24, F.S.; 561.14(1 ), F.S.; and 563.022(14), F.S.
8 Sees. 561.221(1), F.S.
9 Sees. 561.221 (2), F.S.

10 Sees. 565.03, F.S.
11 See S. 561.221 (3), F.S.
12 Sees. 561. 221(1), F.S.
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produces commodities used in the production of wine, be open to the public for tours, tastings, and
sales at least 30 hours each week, and pay an annual application and registration fee of $100.

Section 561.24, F.S., prohibits the licensing of a manufacturer as a distributor or exporter. Wineries that
qualify as a certified Florida Farm Winery are the sole exception to this prohibition. Additionally, the
Division may issue permits for a certified Florida Farm Winery to conduct tasting and sales of its wines
at Florida fairs, trade shows, expositions, and festivals. The permit is limited to the length of the event.
The certified Florida Farm Winery is required to pay all entry fees and must have a winery
representative present during the event.

Quota Licenses

Section 561.20, F.S., limits, by county, the number of alcoholic beverage licenses that may be issued to
permit the sale of liquor (distilled spirits) to one license per 7,500 residents within the county. These
limited alcoholic beverage licenses are known as "quota" licenses. New quota licenses are created and
issued when there is an increase in the population of a county. The licenses can also be issued when a
county initially changes from a county which does not permit the sale of intoxicating liquor to one that
does permit their sale. The quota license is the only alcoholic beverage license that is limited in
number; all other types of alcoholic beverage licenses are available without limitation. A person, firm, or
corporation may not have an interest, directly or indirectly, in more than 30 percent of the number of
quota licenses in a county. 13

Quota License Exemptions

Current law permits certain types of businesses or persons to be licensed to sell beer, wine, and liquor
without any limitation on the number of such licenses which may be issued in a county, i.e., such
licenses are not subject to the quota in s. 561.20, F.S. Exemptions from the quota license system are
known as "special licenses."

Section 561.20(2), F.S., provides several exemptions to the number of licenses that permit the sale of
beer, wine, and distilled spirits. The exemptions include restaurants, caterers, hotels and motels,
specialty centers built on government-owned land, bowling establishments, and airports.

The Beverage Law provides a limited exemption to the quota license limitation to permit the division to
issue an alcoholic beverage license (for the sale of beer, wine, and liquor) to:
• An operator of railroads or sleeping cars and a vendor in railroad transit stations. 14
• Operators of steamships and steamship lines, buses and bus lines, or airplanes and airlines
engaged in interstate or foreign commerce or flying between fixed terminals and upon fixed
schedules in this state. 15
• Persons associated together as a chartered or incorporated club, if not organized for the
purpose of evading license taxes and meeting certain conditions, including any golf club
operated by or on behalf of any incorporated municipality in this state, and any veterans' or
fraternal organization of national scope. 16
• A caterer at a horse or dog racetrack or jai alai fronton. 17
• A vendor who operates places of business where consumption on the premises is permitted,
which premises are located within a theme park complex and meeting specified conditions. 18
• A marine exhibition park complex meeting specified conditions. 19

13 S. 561.20(6), F.S.
14 Section 565.02(2), F.S.
15 Section 565.02(3), F.S.
1s Section 565.02(4), F.S.
17 Section 565.02(5), F.S.
1e Section 565.02(6), F.S.
19 Section 565.02(7), F.S.
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• A state-chartered legal entity not for profit organized principally for the purpose of supporting or
managing the affairs of a symphony orchestra.20
• The operator of a passenger vessel engaged exclusively in foreign commerce. 21
• A state-chartered legal entity not for profit organized principally for the purpose of operating a
theater with live performances and not fewer than 100 seats. 22
• The John and Mable Ringling Museum of Art direct-support organization. 23

Alcoholic Beverage Deliveries

Vendors, but not manufacturers or distributors, are allowed to make deliveries away from their place of
business for sales actually made at their licensed place of business. Telephone, electronic, and mail
orders received at a vendor's licensed place of business are construed as a sale actually made at the
vendor's licensed place of business. Deliveries may be made in vehicles that are owned or leased by
the vendor, or in a third-party vehicle pursuant to a contract with a third party with whom the vendor has
contracted to make deliveries, including, but not limited to, common carriers. 24

A craft brewery which also holds a vendor's license is specifically prohibited from making deliveries
under this law. 25

Distilleries and Craft Distilleries

Section 565.01, F.S., defines the terms "liquor," "distilled spirits," "spirituous liquors," "spirituous
beverages," or "distilled spirituous liquors" to mean "that substance known as ethyl alcohol, ethanol, or
spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by
whatever process produced."

A "distillery" is a manufacturer of distilled spirits, and a "craft distillery" is a licensed distillery that
produces 75,000 or fewer gallons of distilled spirits per calendar year on its premises. A craft distillery
must notify the Division in writing of its decision to qualify as a craft distillery. 26

A distillery engaged solely in the business of manufacturing distilled spirits, or a person engaged in the
business of blending and rectifying distilled spirits must pay a state license tax of $4,000 for each plant
or branch operating in Florida. The license tax for a craft distillery is $1,000. Persons who engage in the
business of distilling spirits may also rectify and blend spirituous liquors without paying an additional
license tax. 27

According to the Division, 61 of the 64 licensed distilleries operating in Florida produce less than
75,000 gallons of distilled spirits. 28

A craft distillery is allowed to sell to consumers branded products, 29 distilled on the licensed premises,
in factory-sealed containers that are filled at the distillery and sold for off-premises consumption only.
The sales must occur at the distillery's souvenir gift shop located on private property contiguous to the
licensed distillery premises, and included on the sketch submitted with the license application. Sales
must be in face-to-face transactions with consumers who are making a purchase of no more than six

20 Section 565.02(8), F.S.
21 Section 565.02(9), F.S.
22 Section 565.02(10), F.S.
23 Section 565.02(11), F.S .
24 S. 561 .57(1) & (2), F.S.
25 Ss. 561 .221 (2)(d), and 565.57(1 ), F.S.

2s Ss. 565.03(1)(b) & (c), F.S.
27 S. 565.03(2)(b), F.S.
28 Department of Business and Professional Regulation, Agency Analysis of 2020 HB 583, p. 5-6 (Dec. 6, 2019).
29 Section 565.03(1)(a), F.S., defines "branded product" to mean "any distilled spirits product manufactured on site, which

requires a federal certificate and label approval by the Federal Alcohol Administration Act or federal regulations."
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individual containers of each branded product. 30 The craft distillery is not required to obtain a vendor's
license to sell to consumers from their souvenir gift shop.

The Division must approve any subsequent revisions to a craft distillery's sketch to verify that the
souvenir gift shop location operated by the craft distillery is "owned or leased by the craft distillery and
on property contiguous to the craft distillery's production building." 31

Section 565.03, F.S., imposes the following requirements and prohibitions for craft distilleries:
• A craft distillery may not ship, arrange to ship, or deliver distilled spirits to consumers, but may
ship, arrange to ship, or deliver distilled spirits to manufacturers of distilled spirits, wholesale
distributors of distilled spirits, state or federal bonded warehouses, and exporters.
• A craft distillery may not transfer its license or any ownership interest to any individual or entity
with a direct or indirect interest in another distillery licensed in any other state, territory, or
country. However, a craft distillery may be affiliated with another distillery that produces 75,000
or fewer gallons per calendar year of distilled spirits on its premises or in any other state,
territory, or country.
• A craft distillery must report to the Division within 5 business days after it has reached the
75,000-gallon production limit and cease making sales to consumers on the day after it reaches
the production limit.
• A craft distillery must submit beverage excise taxes on distilled spirits sold to consumers in its
monthly report to the Division.
• Containers must comply with the container limits ins. 565.10, F.S., which prohibits the sale and
distribution of distilled spirits in any size container in excess of 1. 75 liters or 59.18 ounces.

Declaratory Statement

On January 19, 2018, the division issued a declaratory statement interpreting s. 565.03(2)(c), F.S., to
permit a craft distillery to sell to consumers, at its souvenir gift shop, a product comprised of a blend of
liquors distilled on the premises of the craft distillery and liquors distilled by other manufacturers away
from the premises. The craft distillery may then, at the craft distillery, fill individual containers with the
final, blended liquor product for sale at its souvenir gift shop. 32 However, a craft distillery may not sell to
consumers a product comprised of a blend of only liquors distilled by other manufacturers away from
the craft distillery's licensed premises. 33

Beverage Tastings

Section 565.17, F.S., permits licensed distributors of spirituous beverages and vendors to conduct
spirituous beverage tastings at any licensed premises authorized to sell spirituous beverages by
package or for consumption on premises without violating s. 561.42, F.S., provided that the conduct of
the spirituous beverage tasting is limited to and directed toward the general public of the age of legal
consumption.

Community Redevelopment Areas

The Community Redevelopment Act of 1969 authorizes a county or municipality to create a community
redevelopment agency (CRA) as a means of redeveloping slums and blighted areas. 34 The act defines
a "blighted area" as an area in which there are a substantial number of deteriorated structures causing

30 S. 565.03(1)(c), F.S.
31 Id.
32 Final Order on Petition for Declaratory Statement, In Re: Petition for Declaratory Statement Before the Division Of

Alcoholic Beverages and Tobacco, On behalf of Drum Circle Distilling, LLC, DS 2017-071 (DABT Case No. 2017-
052675), January 19, 2018, (on file with Senate Committee on Regulated Industries).
33 Id.
34 Ch. 163, F.S., part Ill.
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economic distress or endangerment to life or property and in which two or more of the factors listed in
s. 163.340(8), F.S., are present. However, an area may also be classified as blighted if one of the
aforementioned factors is present and all taxing authorities with jurisdiction over the area agree that the
area is blighted by interlocal agreement or by passage of a resolution by the governing bodies. 35

Either a county or a municipal government may create a CRA. 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 embodied by the act. 36 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, 2006.37

The act allows the local governing body creating a CRA to choose between two structures for the
agency governing board. One option is to appoint a board of commissioners consisting of five to nine
members serving four-year terms. 38 The second option is for the local governing body to appoint itself
as the agency board of commissioners. 39 A community redevelopment plan must be in place before a
CRA can engage in operations. 40

There are currently 222 active community redevelopment agencies in Florida. 41

Effect of the Bill

Quota license exemption

The bill creates s. 565.02(12), F.S., providing a quota license exemption for certain craft distilleries to
allow such distilleries to qualify for a vendor's license for the sale of beer, wine, and liquor. The bill
authorizes craft distilleries to sell alcoholic beverages for consumption on premises, including alcoholic
beverages which are produced by another manufacturer and purchased from a distributor, if the craft
distillery is located on a property within a destination entertainment venue and is in operation and open
for tours during normal businesses hours at least 5 days a week.

The bill defines a destination entertainment venue (DEV) as:
• a venue located in a designated community redevelopment area (CRA),
• owned by any person licensed as a craft distillery located within the venue, and
• served by multimodal transportation options.
• DEVs must also be located within a contiguous area of at least 15 acres;
• contain indoor and outdoor event venues with capacities of 150 and 1,000 people, respectively;
• the outdoor venue must have regularly occurring live entertainment on a stage that is at least 12
feet deep and 16 feet wide; and
• must contain one or more licensed craft distilleries with identical ownerships.

Craft distilleries licensed as a vendor in a CRA must be located within the same DEV, share identical
ownership, and distill, blend, or rectify at least 50,000 gallons of blended product per calendar year. No
more than three craft distilleries may be licensed as a vendor in a CRA.

3s S. 163.340(8), F.S.
36 S. 163.356(1), F.S.
37 S. 163.340(10), F.S.
3a S. 163.356(2), F.S.
39 S. 163.357(1)(a), F.S.
4o S. 163.360(1), F.S.
41 Department of Economic Opportunity, Special District Accountability Program, Official List of Special Districts Online,

http://specialdistrictreports.floridajobs.org/webreports/criteria .aspx (last visited Feb. 23, 2021 ).
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Craft distilleries licensed as a vendor are prohibited from making package sales for off-premises
consumption or making deliveries or shipments of alcoholic beverages, except as authorized in s.
565.03, F.S. Alcoholic beverages not manufactured at the craft distillery must be purchased from a
licensed distributor.

Craft distilleries

The bill also amends the craft distillery requirements ins. 565.03, F.S., as follows:
• Increases the production limit to qualify as a craft distillery from 75,000 gallons per calendar
year to 250,000 gallons per calendar year.
• Limits the amount of distilled spirits that may be transferred to the craft distillery's souvenir gift
shop for sale to consumers to 75,000 gallons per calendar year.
• Effective July 1, 2026, requires that a minimum of 60% of the craft distillery's total branded
products must be distilled in this state and contain one or more Florida agricultural products.
• Authorizes a maximum of 10 craft distillery licenses under common ownership, consisting of
four with a production cap of 250,000 gallons and six with a production cap of 50,000 gallons.
"Common ownership" is defined to mean "having a direct or indirect financial interest in two or
more distilleries by the same person."
• Allows craft distilleries to sell distilled spirits manufactured on the premises to consumers by the
drink or by package.
• Clarifies that craft distilleries may only sell directly to consumers in face-to-face transactions.
• Repeals the six bottle limit per branded product per consumer at a craft distillery's souvenir gift
shop.
• Prohibits craft distilleries from shipping alcoholic beverages to consumers.

The bill also amends s. 565.17, F.S., to authorize a craft distillery permit for tastings at Florida fairs ,
trade shows, farmers markets, expositions, and festivals.

B. SECTION DIRECTORY:
Section 1 Amends s. 565.02, F.S.; defining the term "destination entertainment venue"; authorizing
craft distilleries to be licensed as specified vendors under certain circumstances; providing
requirements for such licenses; etc.

Section 2 Amends s. 565.03, F.S.; redefining the terms "branded product" and "craft distillery";
prohibiting a distillery from operating as a craft distillery until certain requirements are met;
authorizing persons to have common ownership in craft distilleries under certain
circumstances; etc.

Section 3 Amends s. 565.17, F.S.; authorizing craft distilleries to conduct spirituous beverage tastings
under certain circumstances; requiring the division to issue permits to craft distilleries to
conduct tastings and sales at certain locations; specifying requirements for distilleries for
such permits.

Section 4 Provides for an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues :
None.

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DATE: 2/25/2021
2. Expenditures:
None.

8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive economic impact for many craft distilleries due to the removal of many
current regulatory constraints.

The bill may also provide a positive economic impact for those craft distilleries located in a CRA that
qualify for a vendor's license. It is not known how many craft distilleries are currently located in a CRA.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 737 2021

1 A bill to be entitled
2 An act relating to craft distilleries; amending s.
3 5 65. 02, F. S.; defining the term "destination
4 entertainment venue"; authorizing craft distilleries
5 to be licensed as specified vendors under certain
6 circumstances; providing requirements for such
7 licenses; providing requirements for craft
8 distilleries for such licenses; prohibiting a licensee
9 from taking certain actions; requiring certain
10 alcoholic beverages to be obtained through a licensed
11 distributor; amending s. 565.03, F.S.; redefining the
12 terms "branded product" and "craft distillery";
13 prohibiting a distillery from operating as a craft
14 distillery until certain requirements are met;
15 authorizing persons to have common ownership in craft
16 distilleries under certain circumstances; defining the
17 term "common ownership"; requiring a minimum
18 percentage of a craft distillery's total finished
19 branded products to be distilled in this state and
20 contain one or more Florida agricultural products
21 after a specified date; revising the requirements and
22 prohibitions on the sale of branded products to
23 consumers by a licensed craft distillery; revising the
24 circumstances for which a craft distillery must report
25 certain information about the production of distilled

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26 spirits to the Division of Alcoholic Beverages and
27 Tobacco of the Department of Business and Professional
28 Regulation; revising prohibitions on the shipment of
29 certain products by a craft distillery; revising
30 prohibitions on the transfer of a craft distillery
31 license or ownership interest in such license;
32 revising prohibitions relating to affiliated ownership
33 of craft distilleries; authorizing a craft distillery
34 to transfer specified distilled spirits from certain
35 locations to its souvenir gift shop and tasting room;
36 making technical changes; amending s. 565.17, F.S.;
37 authorizing craft distilleries to conduct spirituous
38 beverage tastings under certain circumstances;
39 requiring the division to issue permits to craft
40 distilleries to conduct tastings and sales at certain
41 locations; specifying requirements for distilleries
42 for such permits; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Present subsection (12) of section 565.02,
47 Florida Statutes, is redesignated as subsection (13), and a new
48 subsection (12) is added to that section, to read:
49 565.02 License fees; vendors; clubs; caterers; and
50 others.-

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51 ( 12) (a) As used in this subsection, the term "destination
52 entertainment venue" means a venue that:
53 1. Is located in a designated community redevelopment area
54 authorized under an adopted community redevelopment plan to
55 support urban redevelopment and economic development;
56 2. Is owned by any person licensed as a craft distillery
57 located within the destination entertainment venue;
58 3. Is adjacent to and served by multimodal transportation
59 options, includin g , at a minimum, bicycle and pedestrian trails
60 included on an adopted city or county trails map and mass
61 transit routes established by a city, county, or regional
62 transportation authority; and
63 4. Is located within a contiguous area of at least 15
64 acres, including associated parking and stormwater requirements
65 as required by local law, regulation, or ordinance, and that
66 contains:
67 a. At least one indoor event venue with a minimum capacity
68 of 150 people which is fully serviced by a connected onsite
69 kitchen;
70 b. At least one outdoor event venue with a minimum
71 capacity of 1,000 people which has regularly occurring live
72 entertainment on a stage that is at least 12 feet deep and 16
73 feet wide; and
74 c. One or more licensed craft distilleries sharing
75 identical ownership.

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76 (b) Notwithstanding any other provisions of the Beverage
77 Law, upon the payment of the appropriate fees, a craft
78 distillery licensed in this state may be licensed as a vendor
79 only for consumption on the premises of alcoholic beverages
80 manufactured by other manufacturers and acquired through a
81 distributor. The issuance of a license under this paragraph is
82 not subject to any quota or limitation, except that the craft
83 distillery must be:
84 1. Located on property within a destination entertainment
85 venue; and
86 2. In operation and open for tours during normal business
87 hours at least 5 days a week.
88 (c) The vendor license may be issued only for the premises
89 included on the licensed premises sketch on file with the
90 division under s. 565.03 for the craft distillery, including its
91 souvenir gift shop or tasting room.
92 (d) No more than three craft distilleries may be licensed
93 as a vendor in a community redevelopment area under this
94 subsection. Craft distilleries licensed as a vendor under this
95 subsection must be located within the same destination
96 entertainment venue and must share identical ownership, and each
97 craft distillery must distill, blend, or rectify at least 50,000
98 gallons of branded products per calendar year.
99 (e) Except as otherwise provided in this paragraph, a
100 craft distillery licensed as a vendor under this subsection

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101 shall be treated as a vendor and is subject to all provisions
102 relating to such vendors licensed to sell alcoholic beverages
103 for consumption on premises. A craft distillery licensed as a
104 vendor may not make package sales for off-premises consumption
105 or make any delivery or shipment of alcoholic beverages away
106 from the destination entertainment venue or the craft
107 distillery, unless such shipment or delivery is authorized for a
108 craft distillery under s. 565.03 .
109 (f) Alcoholic beverages manufactured by another licensed
110 manufacturer, including branded products manufactured at another
111 craft distillery location sharing identical ownership, must be
112 obtained through a licensed distributor.
113 Section 2. Paragraphs (a) and (b) of subsection (1) and
114 subsections (2) and (5) of section 565.03, Florida Statutes, are
115 amended to read:
116 565.03 License fees; manufacturers, distributors, brokers,
117 sales agents, and importers of alcoholic beverages; vendor
118 licenses and fees; distilleries and craft distilleries.-
119 (1) As used in this section, the term:
120 (a) "Branded product" means any distilled spirits product
121 that:
122 1. Is owned by a craft distillery;
123 2. Contains distilled spirits that are manufactured by
124 distilling, rectifying, or blending by the craft distillery on
125 its licen sed premises; and

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126 3. Has manufactured on site, which requires a federal
127 certificate and label approval by the Federal Government ~lcohol
128 Administration Act or federal regulationo.
129 (b) "Craft distillery" means a licensed distillery in this
130 state which distills , rectifies , or blends 250,000 that produces
131 75 , 000 or fewer gallons or less of distilled spirits per
132 calendar year of distilled spirits on its premises and has
133 notified the division in \1riting of its decision to qualify as a
134 craft distillery.
135 (2) (a) A distillery may not operate as a craft distillery
136 until the distillery has provided to the division written
137 notification that it meets the criteria specified in paragraph
138 (1) (b). Upon the division's receipt of the notification and its
139 verification that the distillery meets all such criteria, the
140 division shall add the designation of craft distiller on the
141 distillery's license.
142 (b) A person may not share common ownership in more than
143 10 craft distilleries, provided that no more than:
144 1. Four of the distilleries each distill, rectify, or
145 blend 250,000 gallons or less of distilled spirits per calendar
146 year; and
147 2. Six of the distilleries each distill, rectify, or blend
148 50,000 gallons or less of distilled spirits per calendar y ear .
149
150 As used in this paragraph, the term "common ownership" means

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151 having a direct or indirect financial interest in two or more
152 distilleries by the same person.
153 (c) Effective July 1, 2026, a minimum of 60 percent of a
154 craft distillery's total finished branded products must be
155 distilled in this state and contain one or more Florida
156 agricultural products.
157 ~ A distillery or a craft distillery authorized to do
158 business under the Beverage Law shall pay an annual state
159 license tax for each plant or branch operating in the state, as
160 follows:
161 1. A distillery engaged in the business of manufacturing
162 distilled spirits: $4,000.
163 2. A craft distillery engaged in the business of
164 manufacturing distilled spirits: $1,000.
165 3. A person engaged in the business of rectifying and
166 blending spirituous liquors and nothing else: $4,000.
167 ~-te+- A licensed distillery or licensed craft distillery
168 may Persons licensed under this section who arc in the business
169 of distilling spirituous liquors may also engage in the business
170 of rectifying or ftflEi blending spirituous liquors without the
171 payment of an additional license tax.
172 J...!l+et A craft distillery licensed under this section may
173 sell directly to consumers up to 75,000 gallons per calendar
174 year of, at its souvenir gift shop, branded products that are
175 manufactured by the craft distillery distilled on its premises~

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176 A craft distillery may sell branded products directly to
177 consumers by the drink for consumption on the premises or by the
178 package in factory-sealed containers for consumption off the
179 premises in this state in factory scaled containers that are
180 filled at the distillery for off prefflioeo consufflption. Such
181 sales are authorized only in the craft distillery's souvenir
182 gift shop or tasting room located on private property contiguous
183 to the licensed distillery premises. Branded products sold to
184 consumers must have been distilled, rectified, or blended on the
185 distillery premises that is located contiguous to the craft
186 distillery's souvenir gift shop or tasting room. The souvenir
187 gift shop or tasting room must be in this state and included on
188 the sketch or diagram defining the licensed premises submitted
189 with the distillery's license application. All sketch or diagram
190 revisions by the distillery shall require the division's
191 approval verifying that the locations of the souvenir gift shops
192 and tasting rooms shop location operated by the licensed
193 distillery~ 4-s- owned or leased by the distillery and on
194 property contiguous to the distillery's production building in
195 this state.
196 1. Except as authorized under s. 565.17(2), a craft
197 distillery may not sell any factory-sealed individual containers
198 of spirits to consumers except in face-to-face sales
199 transactions with such consumers at the craft distillery's
200 licensed premises. Such branded products must be in compliance

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201 with the container limits under s. 565.10 and be intended for
202 personal consumption rather than for resale who are making a
203 purchase of no more than si1, individual containers of each
204 branded product.
205 2. Each container sold in face to face transactions with
206 eonstlfflers must comply with the container limits ins. 565.10 ,
207 per calendar year for the consumer's personal use and not for
208 resale and who arc present at the distillery ' s licensed premises
209 in this state.
210 -3-.- A craft distillery must report to the division within 5
211 days after it exceeds reaches the production limits or is no
212 longer operating under the requirements or limitations provided
213 in paragraph ( 1) (b) . Any retail sales of branded products by the
214 drink or by the package to consumers at the craft distillery's
215 licensed premises are prohibited beginning the day after it
216 exceeds reaches the production limitation.
217 3.4-. A craft distillery may not ship or arrange to ship
218 any of its branded products or any other alcoholic beverages
219 distilled spirits to consumers and may sell and deliver only to
220 consumers within the state in a face-to-face transaction at the
221 distillery property. However, a craft distillery distiller
222 licensed under this section may ship, arrange to ship, or
223 deliver such spirits to any manufacturers of distilled spirits,
224 wholesale distributors of distilled spirits, state or federal
225 bonded warehouses, or ttfi€i exporters.

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226 4 . .§... Except as provided in subp ara graph 5. subparagraph
227 -6--;-, it is unlawful to transfer a craft distillery license for a
228 distillery that produces 75 , 000 or fe~;er gallons per calendar
229 year of distilled spirits on its premises or any ownership
230 interest in such license to an individual or entity that has a
231 direct or indirect ownership interest in any distillery that
232 distills, rectifies, or blends 250,000 gallons or more per
233 calendar year of distilled spirits under any license issued
234 licensed in this state; in another state, territory, or country;
235 or by the United States Government to distill manufacture,
236 blend, or rectify distilled spirits for beverage purposes .
237 5.-6--;- Except as provided in paragraph (b), a craft
238 distillery may shall not have its ownership affiliated with
239 another distillery, unless such distillery is owned by an
240 individual or entity that distills, rectifies, or blends 250,000
241 gallons or less per calendar year of distilled spirits produces
242 75 , 000 or fe\;er gallons per calendar year of distilled spirits
243 on each of its premises in this state or in another state,
2 44 territory, or country.
245 6. A craft distillery may transfer up to 75,000 gallons
246 per calendar year of its branded products that it distills,
247 rectifies, or blends from its federal bonded space, nonbonded
248 space at its licensed premises, or storage areas to its souvenir
249 gift shop and tasting room.
250 (5) A craft distillery making sales under paragraph (2) (f)

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251 paragraph (2) (c) is responsible for submitting any excise taxes
252 due to the state on distilled spirits on beverages under the
253 Beverage Law with 4-fi its monthly report to the di vision with any
254 tau payments due to the state.
255 Section 3. Section 565.17, Florida Statutes, is amended to
256 read:
257 565.17 Beverage tastings by distributors , craft
258 distilleries , and vendors.-
259 l1.l A licensed distributor of spirituous beverages,~
260 craft distillery as defined ins. 565.03, or any vendor 7 is
261 authorized to conduct spirituous beverage tastings upon any
262 licensed premises authorized to sell spirituous beverages by
263 package or for consumption on premises without being in
264 violation of s. 561.42, provided that the conduct of the
265 spirituous beverage tasting shall be limited to and directed
266 toward the general public of the age of legal consumption.
267 (2) Craft distilleries may conduct tastings and sales of
268 distilled spirits produced by the craft distilleries at Florida
269 fairs, trade shows, farmers markets, expositions, and festivals.
270 The division shall issue permits to craft distilleries for such
271 tastings and sales. A craft distillery must pay all entry fees
272 and must have a distillery representative present during the
273 event. The permit is limited to the duration and physical
274 location of the event.
275 Section 4. This act shall take effect July 1, 2021 .

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 821 Licensure Requirements for Land Surveyors and Mappers
SPONSOR(S): Mariano
TIED BILLS: IDEN./SIM. BILLS: SB 1342

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee

2) Agriculture & Natural Resources Appropriations
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Chapter 472, F.S., governs the practice of land surveying and mapping in Florida. Through the Florida Board of
Professional Surveyors and Mappers (Board), the Department of Agriculture and Consumer Services (DACS)
licenses and regulates professional surveyors and mappers in the state. Current law provides education and
experience prerequisites that must be met in order to be eligible to take the licensure examination to practice
as a surveyor and mapper.

Applicants with a bachelor's degree in surveying and mapping must have four or more years of responsible
work experience under a professional surveyor in order to take the licensure examination.

Applicants with a bachelor's degree in a course of study other than surveying and mapping must have six or
more years of work experience under a professional surveyor, five of which must have been in responsible
charge of the work performed. These applicants must also complete a minimum of 25 semester hours from a
college or university approved by the board in surveying and mapping related subjects in order to take the
licensure examination.

In addition, exiled foreign-trained professionals must have graduated with an appropriate college degree from a
college or university and must have lawfully practiced the profession for at least three years in order to take the
licensure examination.

The bill revises education and experience prerequisites that must be met in order to be eligible to take the
licensure examination to practice as a professional surveyor and mapper as follows :
• Allows exiled foreign-trained professionals who have lawfully practiced the profession for three years to
substitute their experience for the education requirements.
• Reduces the work experience requirements for applicants with a bachelor's degree in surveying and
mapping, and for applicants who receive a bachelor's degree in a course other than surveying and
mapping .
• Allows applicants with a two-year associate of arts degree or an equivalent 60 credit hours, and four
years of responsible work experience to be eligible to take the licensure examination.
• Allows applicants with a high school diploma or equivalent, and six or more years of responsible work
experience to be eligible to take the licensure examination.
• Allows applicants who provide proof of verifiable responsible work experience in the active practice of
surveying and mapping to be eligible to take the licensure examination.

The bill may have an indeterminate fiscal impact on state government and a positive fiscal impact on the
private sector.

The effective date of the bill is July 1, 2021.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0821 .RRS .DOCX
DATE: 2/26/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A EFFECT OF PROPOSED CHANGES:
Land Surveying and Mapping

Chapter 472, F.S., is the chapter of law that governs the practice of land surveying and mapping in
Florida. Through the Florida Board of Professional Surveyors and Mappers (Board), the Department of
Agriculture and Consumer Services (DACS) licenses and regulates professional surveyors and
mappers in the state. 1

These regulations include, but are not limited to:
• Examination;
• Licensure, including certificates of authorization;
• Continuing education;
• Seals;
• Standards of practice;
• Prohibitions and penalties;
• Disciplinary guidelines;
• Investigative procedures;
• Power to administer oaths, take depositions, and issue subpoenas;
• Unlicensed activities; and
• Elevation certificates. 2

According to DACS, licensed 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. 3

The Board has authority to adopt rules to implement ch. 472, F.S. , subject to approval by DACS. 4
Effective October 1, 2009, the regulation of professional surveyors and mappers by the Board was
transferred from the Department of Business and Professional Regulation (DBPR) to DACS.5

According to DACS, there are 2,634 Surveyors and Mappers currently licensed in Florida. 6

Licensing Examinations

Current law provides education and experience prerequisites that must be met in order to be eligible
to take the licensure examination to practice as a surveyor and mapper or as a surveyor and mapper
intern. 7 All applicants must be approved by the Board prior to taking any examination.

All pathways to licensure as a professional surveyor and mapper in Florida require at least a four-year
degree. The prerequisites to take the licensure examination to practice as a surveyor and mapper are
as follows:

1
S. 472.007, F.S.
2
See ch. 472, F.S.
3
Florida Department of Agriculture and Consumer Services, Consumer Services, Surveyors and Mappers,
https://www.fdacs.gov/ Business-Services/Surveyors-and-Mappers (last visited Feb. 25, 2021 ).
4
S. 472.008, F.S.
5 Ch. 2009-66, Laws of Fla.
6
Email from Emily Buckley, Legislative Affairs Director, Department of Agriculture and Consumer Services, Re: Surveyors and
Mappers, (Feb. 26, 2021).
7
S. 472.013, F.S.
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• A bachelor's degree in surveying and mapping or in a similarly titled program,
o Four or more years of work experience under a professional surveyor;
o All four years of work experience must have been in responsible charge of the accuracy
and correctness of the surveying work performed; or
• A bachelor's degree in a course of study other than surveying and mapping:
o Six or more years of work experience under a professional surveyor,
o Five of the six years of experience must have been in responsible charge of the
accuracy and correctness of the surveying work performed.
o These applicants must also complete a minimum of 25 semester hours from a college or
university approved by the board in surveying and mapping subjects or in any
combination of courses in civil engineering, surveying, mapping, mathematics,
photogrammetry, forestry, or land law and the physical sciences.

The following is a chart outlining these education and work experience prerequisites:

Type of Applicant Type of Degree Work Experience
:

Surveyor and Mapper Surveying and Mapping 4 or more years
(Option 1) Bachelor's Degree subordinate to surveyor
and mapper and in
"responsible charge" of
work performed
Surveyor and Mapper Non Surveying Bachelor's 6 or more years
(Option 2) Degree; and subordinate to surveyor
25 semester hours and mapper of which
surveying and mapping 5 years must be in
subjects "responsible charge" of
work performed

The board, by rule, 8 is authorized to establish fees for examination . The initial application and
examination fee must not exceed $125 plus the actual per applicant cost to DACS to purchase the
examination from the National Council of Engineering Examiners or a similar national organization. The
examination fee must be sufficient to cover the cost of obtaining and administering the examination and
is refundable if the applicant is found ineligible to sit for the examination. The application fee is
nonrefundable. 9

Exiled foreign-trained professionals that wish to become surveyors and mappers must have graduated
with an appropriate college degree from a college or university and must have lawfully practiced the
profession for at least three years. Specifically, an exiled professional is eligible for examination if the
exiled professional satisfies all of the following seven requirements :
• Immigrated to the United States after leaving the person's home country because of political
reasons, provided the country is located in the Western Hemisphere and does not have
diplomatic relations with the United States;
• Applies to DACS and submits a fee;
• Was a resident of this state immediately preceding the person's application;
• Demonstrates to DACS, through submission of documentation verified by the applicant's
respective professional association in exile, that the applicant was graduated with an
appropriate professional or occupational degree from a college or university.

8
R. 51-17 .070, F.S.
9
S. 472.011, F.S.
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o However, DACS may not require receipt of any documentation from the Republic of
Cuba as a condition of elig ibility under this section;
• Lawfully practiced the profession for at least 3 years;
• Prior to 1980, successfully completed an approved course of study pursuant to chapters 74-
105 and 75-177, Laws of Florida; and
• Presents a certificate demonstrating the successful completion of a continuing education
program, which offers a course of study that will prepare the applicant for the examination.
o The department shall develop rules for the approval of such programs for the board. 10

Upon request of a person who meets the requirements for foreign-trained professionals and submits an
examination fee, DACS, for the Board, is required to conduct a written practical examination that tests
the person's current ability to practice the profession competently in accordance with the actual practice
of the profession. The fees charged for the examinations are established by DACS , for the board, by
rule 11 and must be sufficient to develop or to contract for the development of the examination and its
administration, grading, and grade reviews. 12

Licensure by Endorsement

The board is required to certify as qualified for a license by endorsement an applicant who, at the time
of application holds a valid license to practice surveying and mapping issued by another state or
territory of the United States, if:
• Issued before July 1, 1999, and has passed a national, regional, state, or territorial licensing
examination that is substantially equivalent to the examination required bys. 472.013, F.S.; and
has a specific experience record of at least eight years as a subordinate to a registered
surveyor and mapper in the active practice of surveying and mapping, six years of which must
be of a nature indicating that the applicant was in responsible charge of the accuracy and
correctness of the surveying and mapping work performed; or
• The criteria for issuance is substantially the same as the licensure criteria that existed in
Florida at the time the license was issued. 13

All applicants for licensure by endorsement must also pass the Florida law and rules portion of the
examination prior to licensure. 14

As a result, Florida law does not provide practicing surveyors and mappers from other states with less
than a four-year degree a pathway to licensure unless they were licensed in the other state prior to July
1, 1999, or prior to Florida having a four-year degree requirement.

Recent Trends

According to the Bureau of Labor Statistics, in 2020 there were 45,000 working surveyors in the U.S.
and 15,000 were 34 years of age or younger.15 This indicates that approximately 33 percent of
surveyors and mappers are under the age of 34. Employment of surveyors is projected to grow 2
percent from 2019 to 2029, slower than the average for other occupations.16

10
S. 472.001(1), F.S.
J I R. 51-17.210, F.A.C.
12
S. 472.0101 , F.S.
13
S. 472.015 , F.S.
14 Id.
15
U.S. Bureau of Labor Statistics, Labor Force Statistics fr om the Current Population Survey, https://www .bls.gov/cps/cpsaat.11 b.pdf
(last visited Feb. 25, 2021).
16
U.S. Bureau of Labor Statistics, Occupational Outlook Handbook, https://www.bls.gov/ooh/architecture-and-
engineering,/surveyors.ht111 #tab-6 (last visited Feb. 25, 2021 ).
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There are many contributing factors to help explain the land surveyor shortage. One of those reasons is
the advancement of technology. The use of drones and other technologies has increased worker
productivity and is expected to limit employment growth.17

Another contributing influence is the extensive education expectations and cost. Many state boards
require a four-year degree before beginning work in the surveying field. These requirements might
hinder those from pursuing a surveying path. 18

Additionally, there may be a general lack of awareness in the public about who land surveyors are and
what they do. This also has worked its way into other skilled trades throughout the construction and
manufacturing industries. 19

According to DACS, there are 2,634 surveyors and mappers currently licensed in Florida. 20

Other States

Each state and territory in the U.S. requires those who perform the tasks defined as the practice of
surveying to hold a professional surveying license. Most states require professional surveyors to meet
a combination of requirements in education and exams. 21

Generally, while each state board for surveyors has its own requirements for licensure, potential
licensees will follow a similar path of prerequisites to obtain a license in any state. Prerequisites
typically include:
• An education requirement - Sometimes a high school diploma but some states also require a
four-year degree from an accredited surveying program.
• Successful com pletion of a Fundamentals of Surveying (FS) written exam ination - testing an
applicant's breadth of understanding of basic surveying principles.
• Successful completion of a written Principles and Practice of Surveying (PS) examination -
testing an applicant's knowledge and competency of surveying skills.
• A requ isite amount of surveying experience - which for most states is four years and is usually
under the supervision of a professional surveyor.22

According to research, in 2020, the education and experience requirements in all 50 states appears to
indicate the following patterns:
• Most states require at least a four-year degree and four years of professional experience.
• Typically, the extent of the degree is relative to the amount of professional experience required.
• Fourteen states provide an option that requires only a high school diploma or do not have any
educational requirements along with a certain amount of professional experience.
• Six states provide an option that does not require the completion of a degree, but requires the
completion of a certain amount of survey and mapping coursework and professional
experience.
• The degrees that are required are typically in a surveying and mapping curriculum , a curriculum
related to surveying and mapping, or an unrelated curriculum but with a certain amount of
coursework in a surveying related curriculum.

17
U.S.B.L.S Occupational, Supra note 10.
18
Nearterm Blog, Is There a Shortage of Land Surveyors? (Nov. 2, 2020), https://neartenn.com/is-there-a-shortage-of-land-surveyors/
(last visited Feb. 25, 2021).
19
Neartenn, Supra note 16.
20
Email from Emily Buckley, Legislative Affairs Director, Department of Agriculture and Consumer Services, Re: Surveyors and
Mappers, (Feb. 26, 2021).
21
The National Council of Examiners for Engineering and Surveying (NCEES), Surveying Licensure,
https://ncees.org/surveying/ urveying-licensure/ (last visited Feb. 26, 2021 ).
22
The National Council of Examiners for Engineering and Surveying (NCEES), NCEES Member Licensing Boards,
https:1/ncees.org/member-Licensing-boards/ (last visited Feb. 25, 2021).
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DATE: 2/26/2021
• States that allow postgraduate coursework in a surveying curriculum allow the coursework to be
substituted for professional experience.
• Twenty-eight states do not provide an education-less alternative method of licensure.23

Effect of the Bill

The bill revises education and experience prerequisites that must be met by exiled foreign-trained
professionals and others, in order to be eligible to take the licensure examination to practice as a
professional surveyor and mapper.

Specifically, the bill:
• Allows exiled foreign-trained professionals who have practiced the profession for three years to
substitute their experience for the education requirement. The three-year experience
requirement is currently one of seven licensure examination prerequisites for these individuals.
• Reduces the work experience requirement for applicants who receive a bachelor's degree in
surveying and mapping from four or more years, to two or more years, to be eligible to take the
licensure examination.
• Reduces the work experience requirement for applicants who receive a bachelor's degree in a
course other than surveying and mapping, from six or more years, to two or more years, and
reduces the amount of time in responsible charge that experience must be from five years, to
two years, to be eligible to take the licensure examination.
• Allows applicants with a two-year associate of arts degree or an equivalent 60 credit hours, and
four years of work experience in responsible charge under a professional surveyor and mapper,
to be eligible to take the licensure examination . Work experience acquired as a part of the
education requirement may not be construed as experience in responsible charge.
• Allows applicants with a high school diploma or equivalent, and six or more years of work
experience in responsible charge under a professional surveyor and mapper, to be eligible to
take the licensure examination. Work experience acquired as a part of the education
requirement may not be construed as experience in responsible charge.
• Allows applicants who provide proof of verifiable work experience in the active practice of
surveying and mapping, which experience is of a nature indicating that the applicant was in
responsible charge of the accuracy and correctness of the surveying and mapping work
performed.

B. SECTION DIRECTORY:
Section 1: Amends s. 472.0101, F.S., relating to foreign-trained professionals, special examination
and license provisions.

Section 2: Amends s. 472.013, F.S., relating to examinations, prerequisites.

Section 3: Provides an effective date of July 1, 2021.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Indeterminate. The bill may have a positive impact on examination and licensing revenue, to the
extent that additional individuals will take the licensure examination and become licensed. All funds

23
NCEES, supra note 19.
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DATE: 2/26/2021
collected are deposited into the DACS General Inspection Trust Fund. DACS is unable to estimate
a fiscal impact. 24

2. Expenditures:
Indeterminate. The bill may cause additional individuals to take the examination and become
licensed. According to DACS, the department "may require additional resources to process
applications."

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill relaxes experience and education prerequisites in order to be eligible to take the licensure
examination to practice as a surveyor and mapper, which will lower the cost to become licensed, and
allow more people to practice their chosen profession.

D. FISCAL COMMENTS:
None.

111. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to effect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
According to DACS, "the rules would have to be amended to change current education and work
experience requirements. "25

Current law appears to provide sufficient rulemaking authority for DACS to implement the bill.

C. DRAFTING ISSUES OR OTHER COMMENTS:
Other Comments

The bill revises s. 472.0101 (1 )(f), F.S., relating to the licensure of foreign-trained professionals. Based
on the date included in this provision in current law, if a person satisfied this requirement prior to 1980
at the age of 18, the person would be 58 years old today. As a result, it isn't likely this provision would

24
Department of Agriculture and Consumer Services, Agency Analysis of2020 HB 821, p. 2 (Feb. 25, 2021).
25
Department of Agriculture, supra note 21, at 3.
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DATE: 2/26/2021
apply to many applicants. Removing this outdated provision may make this provision more inclusive to
foreign-trained applicants.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
NIA

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DATE: 2/26/2021
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 821 2021

1 A bill to be entitled
2 An act relating to licensure requirements for land
3 surveyors and mappers; amending s. 472.0101, F.S.;
4 authorizing an exiled professional to substitute
5 specified lawful practice of the profession for the
6 education requirement for examination; amending s.
7 472.013, F.S.; revising education requirements for
8 licensure; providing that specified work experience
9 may be substituted for education requirements for
10 licensure as a land surveyor or mapper; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraphs (e) and (f) of subsection (1) of
16 section 472.0101, Florida Statutes are amended, and paragraph
17 (d) of that subsection is republished, to read:
18 472.0101 Foreign-trained professionals; special
19 examination and license provisions.-
20 (1) When not otherwise provided by law, the department
21 shall by rule provide procedures under which exiled
22 professionals may be examined under this chapter. A person is
23 eligible for the examination if the exiled professional:
24 (d) Demonstrates to the department, through submission of
25 documentation verified by the applicant's respective

Page 1 of 4

CODING: Words stricken are deletions; words underlined are additions.
hb0821-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 821 2021

26 professional association in exile, that the applicant was
27 graduated with an appropriate professional or occupational
28 degree from a college or university. However, the department may
29 not require receipt of any documentation from the Republic of
30 Cuba as a condition of eligibility under this section;
31 (e) A person who has lawfully practiced the profession for
32 at least 3 years may substitute such practice of the profession
33 for the education requirement under paragraph (d);
34 (f) Before Prior to 1980, successfully completed an
35 approved course of study pursuant to chapters 74-105 and 75-177,
36 Laws of Florida; and
37 Section 2. Subsection (2) of section 472.013, Florida
38 Statutes, is amended to read:
39 472.013 Examinations, prerequisites.-
40 (2) An applicant shall be entitled to take the licensure
41 examination to practice in this state as a surveyor and mapper
42 if the applicant is of good moral character and has satisfied
43 one of the following requirements:
44 (a) The applicant has received a bachelor's degree, its
45 equivalent, or higher in surveying and mapping or a similarly
46 titled program, including, but not limited to, geomatics,
47 geomatics engineering, and land surveying, from a college or
48 university recognized by the board and has a specific experience
49 record of 2 4 or more years as a subordinate to a professional
50 surveyor and mapper in the active practice of surveying and

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hb0821-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 821 2021

51 mapping, which experience is of a nature indicating that the
52 applicant was in responsible charge of the accuracy and
53 correctness of the surveying and mapping work performed. Work
54 experience acquired as a part of the education requirement may
55 not be construed as experience in responsible charge.
56 (b) The applicant has received a bachelor's degree, its
57 equivalent, or higher in a course of study, other than in
58 surveying and mapping, at an accredited college or university
59 and has a specific experience record of l ~ or more years as a
60 subordinate to a registered surveyor and mapper in the active
61 practice of surveying and mapping, which experience is 5 years
62 of which shall be of a nature indicating that the applicant was
63 in responsible charge of the accuracy and correctness of the
64 surveying and mapping work performed. The applicant must have
65 completed a minimum of 25 semester hours from a college or
66 university approved by the board in surveying and mapping
67 subjects or in any combination of courses in civil engineering,
68 surveying, mapping, mathematics, photogrammetry, forestry, or
69 land law and the physical sciences. Any of the required 25
70 semester hours of study completed not as a part of the
71 bachelor's degree, its equivalent, or higher may be approved at
72 the discretion of the board. Work experience acquired as a part
73 of the education requirement may not be construed as experience
74 in responsible charge.
75 (c) The applicant has received a 2-year associate of arts

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hb0821-00
FLORIDA H O U S E 0 F REPRESENTATIVES

HB 821 2021

76 degree, or an equivalent 60 credit hours, and has a specified
77 experience record of 4 or more years as a subordinate to a
78 professional surveyor and mapper in the active practice of
79 surveying and mapping, which experience is of a nature
80 indicating that the applicant was in responsible charge of the
81 accuracy and correctness of the surveying and mapping work
82 performed. Work experience acquired as a part of the education
83 requ i rement may not be construed as experience in responsible
84 charge.
85 (d) The applicant has received a high school diploma, or
86 the equivalent, and has a specified experience record of 6 or
87 more years as a subordinate to a professional surveyor and
88 mapper in the active practice of surveying and mapping, which
89 experience is of a nature indicating that the applicant was in
90 responsible charge of the accuracy and correctness of the
91 surveying and mapping work performed. Work experience acquired
92 as a part of the education requirement may not be construed as
93 experience in responsible charge.
94 (e) The applicant has proof of verifiable work experience
95 i n the active p r ac tice of surveying and mapping, which
96 experience is of a nature indicating that the applicant was in
97 res p onsible charg e of the accuracy and correctness of the
98 surveying and mapping work performed.
99 Section 3. This act shall take effect July 1, 2021.

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hb0821-00
REGULATORY REFORM SUBCOMMITTEE

HB 821 by Rep. Mariano
Licensure Requirements for Surveyors and Mappers

AMENDMENT SUMMARY
March 2, 2021

Amendment 1 by Rep. Mariano (lines 75-98):
The amendment:
• Specifies that an applicant is eligible to take the licensure examination if the applicant is
licensed and has at least two years of responsible work experience in another state,
jurisdiction or territory in the active practice of surveying and mapping.
• Revises the two year associate of arts degree path to take the licensure examination to
allow any type of associates degree rather than specifying an associate of arts degree.
• Allows an applicant who has received a registered apprenticeship certificate in surveying
and mapping and two years of experience to be eligible to take the licensure
examination.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 821 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Mariano offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 75-98 and insert:
7 (c) The applicant has received a 2-year associate degree,
8 and has a specified experience record of 4 or more years as a
9 subordinate to a professional surveyor and mapper in the active
10 practice of surveying and mapping, which experience is of a
11 nature indicating that the applicant was in responsible charge
12 of the accuracy and correctness of the surveying and mapping
13 work performed. Work experience acquired as a part of the
14 education requirement may not be construed as experience in
15 responsible charge.

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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 821 (2021)
Amendment No. 1

16 (d) The applicant has received a high school diploma, or
17 the equivalent, and has a specified experience record of 6 or
18 more years as a subordinate to a professional surveyor and
19 mapper in the active practice of surveying and mapping, which
20 experience is of a nature indicating that the applicant was in
21 responsible charge of the accuracy and correctness of the
22 surve y ing and map ping work performed. Work experience acquired
23 as a part of the education requirement may not be construed as
24 experience in responsible charge.
25 (e) The applicant holds a valid license to practice
26 surve y ing and mapping in another state, jurisdiction or
27 territory, and has two years of experience in the active
28 practice of surveying and mappi ng, which experience is of a
29 nature indicating that the applicant was in responsible charge
30 of the accuracy and correctness of the surveying and mapping
31 work performed.
32 (f) The applicant has received a registered apprenticeship
33 certificate in surveying and mapping after completing a
34 Re g istered App renticeshi p Pro g ram approved b y the De p artment of
35 Education and has a specified experience record of 2 or more
36 years as a subordinate to a professional surveyor and mapper in
37 the a ctive pract i ce of surveying a n d mapp i ng , whi8h exp erience
38 is of a nature indicating that the applicant was in responsible
39 charge of the accuracy and correctness of the surveying and
40 mapp i ng wor k performed. Wo rk expe r ience acquir ed as a part of
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 821 (2021)
Amendment No. 1

41 the education requirement may not be construed as experience in
42 responsible charge.
43
44
45 TITLE AMENDMENT
46 Remove line 10 and insert:
47 licensure as a land surveyor or mapper; providing that licenses
48 from other states, jurisdictions, and territories and certain
49 experience may be used for licensure as a land surveyor or
50 mapper; providing that specified apprenticeship may be
51 substituted for education requirements for licensure as a land
52 surveyor or mapper; providing an
53

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Page 3 of 3
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 911 Medical Treatment of Animals
SPONSOR(S): Buchanan
TIED BILLS: IDEN./SIM. BILLS: SB 1370

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Regulatory Reform Subcommittee

2) Commerce Committee

SUMMARY ANALYSIS
In Florida, the practice of "veterinary medicine" means the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure, or relief of a wound,
fracture, bodily injury, or disease. Veterinarians are regulated by the Board of Veterinary Medicine (board) in
the Department of Business and Professional Regulation (DBPR) pursuant to ch. 474, F.S., relating to
veterinary medical practice (practice act). The purpose of the practice act is to ensure that every veterinarian
practicing in this state meets minimum requirements for safe practice to protect public health and safety.

Current law defines a "veterinarian/client/patient relationship" (VCPR) as one in which a veterinarian has
assumed responsibility for making medical judgments about the health of an animal and its need for medical
treatment. Veterinarians are permitted to prescribe drugs in the course of veterinary practice; however, the
veterinarian must be either personally acquainted with the keeping and caring of the animal and have recently
seen the animal, or have made medically appropriate and timely visits to the premises where the animal is kept
before prescribing drugs in the course of practice.

The use of electronic communications to facilitate patient health care (telemedicine) is not addressed in the
practice act and is not specifically authorized for practitioners of veterinary medicine in Florida. However,
medical doctors may practice telemedicine in Florida and establish a patient relationship with a patient
evaluation via telemedicine under certain circumstances.

The bill allows veterinarians to establish a VCPR and prescribe drugs remotely, and to remotely supervise
rabies vaccinations of impounded animals by an animal control authority. Specifically, the bill:
• Allows the VCPR to be established in person, by telephone, or by other means consistent with the
individual veterinarian's professional judgment.
• Specifies that a physical examination is not required for the veterinarian to assume responsibility for
making medical judgments or providing treatment.
• Removes the requirement that a veterinarian be personally acquainted and have made timely visits with
the animal in order to prescribe it drugs.
• Allows an employee, agent, or contractor of an animal control authority acting under the indirect
supervision of a veterinarian to administer rabies vaccinations to certain impounded animals.
• Defines "indirect supervision" to mean the supervising veterinarian is available for consultation by
telecommunications but is not required to be on the premises during such consultation.

The bill is not expected to have a fiscal impact on state or local government, and may have a positive fiscal
impact on the private sector.

The bill provides an effective date of July 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0911.RRS .DOCX
DATE: 2/27/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Practice of Veterinary Medicine

The Board of Veterinary Medicine (board) in the Department of Business and Professional Regulation
(DBPR) implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice
act). The purpose of the practice act is to ensure that every veterinarian practicing in this state meets
minimum requirements for safe practice to protect public health and safety. 1

A "veterinarian" is a health care practitioner licensed by the board to engage in the practice of
veterinary medicine in Florida 2 and subject to disciplinary action from the board for various violations of
the practice act. 3

The practice of "veterinary medicine" is the diagnosis of medical conditions of animals, and the
prescribing or administering of medicine and treatment to animals for the prevention, cure , or relief of a
wound, fracture, bodily injury, or disease, or holding oneself out as performing any of these functions .4

Veterinary medicine includes, with respect to animals: 5
• Surgery;
• Acupuncture;
• Obstetrics;
• Dentistry;
• Physical therapy;
• Radiology;
• Theriogenology (reproductive medicine); 6 and
• Other branches or specialties of veterinary medicine.

The practice act does not apply to the following categories of persons:
• Veterinary aides, nurses, laboratory technicians, preceptors,7 or other employee of a licensed
veterinarian, who administer medication or provide help or support under the responsible
supervision 8 of a licensed veterinarian;
• Certain non-Florida licensed veterinarians who are consulting upon request of a Florida-licensed
veterinarian on the treatment of a specific animal or on the treatment on a specific case of the
animals of a single owner.
• Faculty veterinarians when they have assigned teaching duties at accredited 9 institutions;

1
s. 474.201, F.S.
2 S. 474.202(11), F.S.
3
Ss. 474.213 & 474.214, F.S.
4
Sees. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness ofan animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
5 Sees . 474.202(13), F.S. Section 474.202(1), F.S., defines "animal" as "any mammal other than a human being or any bird,

amphibian, fish, or reptile, wild or domestic, living or dead."
6
The Society for Theriogenology, established in 1954, is composed of veterinarians dedicated to standards of excellence in animal
reproduction. See https://www.therio.org/page/ HistoryTheriogenolog (last visited Feb. 26, 2021).
7
A preceptor is a skilled practitioner or faculty member who directs, teaches, supervises, and evaluates students in a clinical setting to
allow practical experience with patients. See also https://www.merriam-webster.com/dictionary/preceptor#medicalDictionary (last
visited Feb. 26, 2021).
8
The term "responsible supervision" is defined ins. 474.202(10), F.S., as the "control, direction, and regulation by a licensed doctor
of veterinary medicine of the duties involving veterinary services" delegated to unlicensed personnel.
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• Certain graduated intern/resident veterinarians of accredited institutions;
• Certain students in a school or college of veterinary medicine who perform assigned duties by
an instructor or work as preceptors;
• Certain doctors of veterinary medicine employed by a state agency or the United States
Government;
• Persons or their employees caring for the persons' own animals, as well as certain part-time or
temporary employees, or independent contractors, who are hired by an owner to help with herd
management and animal husbandry tasks ; and
• Certain entities or persons 10 that conduct experiments and scientific research on animals as part
of the development of pharmaceuticals, biologicals, serums, or treatment methods of treatment
or techniques to diagnose or treatment of human ailments, or in the study and development of
methods and techniques applicable to the practice of veterinary medicine.11

Any permanent or mobile establishment where a licensed veterinarian practices must have a premises
permit issued by DBPR. 12 Each person to whom a veterinary license or premises permit is issued must
conspicuously display such document in her or his office, place of business, or place of employment in
a permanent or mobile veterinary establishment or clinic. 13

By virtue of accepting a license to practice veterinary medicine in Florida, a veterinarian consents to
render handwriting samples and waive confidentiality pertaining to and authorize certain mental and
physical examinations, related to certain investigations or complaints .14

For Fiscal Year 2019-2020, there were 11,433 actively licensed veterinarians in Florida, and DBPR
received 362 complaints and took 34 disciplinary actions. 15

Veterinarian/Client/Patient Relationship

The practice act defines a "patient" as any animal for which the veterinarian practices veterinary
medicine.16

The practice act defines a "veterinarian/client/patient relationship" (VCPR) as one in which a
veterinarian has assumed responsibility for making medical judgments about the health of an animal
and its need for medical treatment. 17

Veterinarians are permitted to prescribe drugs in the course of veterinary practice, but may be
disciplined by the board for certain related violations, including ordering, prescribing, or making
available medicinal drugs or drugs 18 or controlled substances 19 for use other than for the specific
treatment of animal patients for which there is a documented veterinarian/client/patient relationship and
without:

9
Ss. 474.203(1) and (2), F.S., provide that accreditation of a school or college must be granted by the American Veterinary Medical
Association (AVMA) Council on Education, or the AVMA Commission for Foreign Veterinary Graduates.
10
See s. 474.203(6), F.S., which states that the exemption applies to " [s]tate agencies, accredited schools, institutions, foundations ,
business corporations or associations, physicians licensed to practice medicine and surgery in all its branches, graduate doctors of
veterinary medicine, or persons under the direct supervision thereof .... "
11
See s. 4 74.203, F.S.
12
S. 474.215(1), F.S.
13
S. 474.216, F.S.
14
S. 474.2185, F.S.
15
Department of Business and Professional Regulation, Division of Professions Annual Report Fiscal Year 2019-2020,
http://www.myfloridalicense.com/DBPR/os/documents/Div isionAnnualReport FYl 920.pdf (last visited Feb. 26, 2021 ).
16
S. 474.202(8), F.S.
17
S. 474.202(12), F.S.
18
As defined ins. 465.003(8), F.S.
19
As defined ins. 893.02(4), F.S.
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• Having sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis
of the medical condition of the animal, which means that the veterinarian is personally
acquainted with the keeping and caring of the animal and has recently seen the animal or has
made medically appropriate and timely visits to the premises where the animal is kept;
• Being available or provide for follow-up care and treatment in case of adverse reactions or
failure of the regimen of therapy; and
• Maintaining records which document patient visits, diagnosis, treatment, and other relevant
information required under the practice act. 20

Veterinary Telemedicine

Florida Telehealth

In 2019, the Legislature passed and the Governor approved CS/CS/HB 23, which created s. 456.47,
F.S. The bill became effective on July 1, 2019. 22 It authorized Florida-licensed health care providers 23
to use "telehealth" to deliver health care services within their respective scopes of practice. 24 The bill
also authorized out-of-state health care providers to use telehealth to deliver health care services to
Florida patients if they register with the DOH or the applicable board 25 and meet certain eligibility
requirements. 26 A registered out-of-state telehealth provider may use telehealth, within the relevant
scope of practice established by Florida law and rule, to provide health care services to Florida patients
but is prohibited from opening an office in Florida and from providing in-person health care services to
patients located in Florida.

On March 16, 2020, Surgeon General Scott Rivkees executed DOH Emergency Order 20-002
authorizing certain out-of-state physicians, osteopathic physicians, physician assistants, and advanced
practice registered nurses to provide telehealth in Florida without the need to register as a telehealth
provider under s. 456.47(4), F.S. 27 This emergency order was extended 28 and will remain in effect until
the expiration of the Governor's Executive Order No. 20-52 and extensions thereof. 29

20
S. 474.214(1)(y)., F.S.
21
R. 64B8-9.0141, F.A.C. Currently, medical doctors may practice telemedicine in Florida in a patient relationship with a patient
evaluation, under certain circumstances.
22
Chapter 2019-137, s. 6, Laws of Fla.
23
S. 456.47(1)(b), F.S.
24
See also s. 394.453(3), F.S. The Florida Mental Health Act (popularly known as "The Baker Act," s. 394.451, F.S.), contains a
legislative finding that "the use oftelemedicine for patient evaluation, case management, and ongoing care will improve management
of patient care and reduce costs of transportation."
25
Under s. 456.001(1), F.S., the term "board" is defined as any board, commission, or other statutorily created entity, to the extent
such entity is authorized to exercise regulatory or rulemaking functions within the DOH or, in some cases, within the DOH's Division
of Medical Quality Assurance.
26
Section 456.47(4), F.S.
27
Department of Health, State of Florida, Emergency Order DOH No. 20-002 (Mar. 16, 2020) http://floridahealthcovid19.gov/wp-
content/uploads/2020/03/filed-eo-doh-no.-20-002-medical-professionals-03 . 16.2020.pdf (last visited Feb. 26, 2021 ).
28
Department of Health, State of Florida, Emergency Order DOH No. 20-011 (June 30, 2020) https://floridahealthcovid I9.gov/wp-
content/ uploads/2020/06/DOH-Emergency-Order-DOH-No.-20-011 .pdf (last visited Feb. 26, 2021).
29
Under s. 252.36(2), F.S., no state of emergency declared pursuant to the Florida Emergency Management Act, may continue for
more than 60 days unless renewed by the Governor. The state of emergency declared in Executive Order 20-52, was extended by
Executive Orders 20-114, 20- 166, 20-192, 20-213, 20-276, and 20-316. Executive Order 20-316 will remain in effect until Feb. 27,
2020. Office of the Governor, State of Florida, Executive Order 20-316 (Dec. 29, 2020) https://www.flgov.com/wp-
content/uploads/orders/2020/EO 20-3 16.pdf (last visited Feb. 26, 2021 ).
STORAGE NAME: h0911.RRS.DOCX PAGE: 4
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Five days later, the Surgeon General executed DOH Emergency Order 20-003 30 to also authorize
certain out-of-state clinical social workers, marriage and family therapists, mental health counselors,
and psychologists to provide telehealth in Florida without the need to register as a telehealth provider
under s. 456.47(4), F.S. This emergency order was also extended 31 and will remain in effect until the
expiration of Executive Order No. 20-52 and extensions thereof.

Florida Controlled Substance Law

Chapter 893, F.S., sets forth the Florida Comprehensive Drug Abuse Prevention and Control Act. This
chapter classifies controlled substances into five schedules in order to regulate the manufacture,
distribution, preparation, and dispensing of the substances. The scheduling of substances in Florida
law is generally consistent with the federal scheduling of substances under 21 U.S.C. s. 812:
• A Schedule I substance has a high potential for abuse and no currently accepted medical use in
treatment in the United States and its use under medical supervision does not meet accepted
safety standards. Examples include heroin and lysergic acid diethylamide (LSD).
• A Schedule II substance has a high potential for abuse, a currently accepted but severely
restricted medical use in treatment in the United States, and abuse may lead to severe
psychological or physical dependence. Examples include cocaine and morphine.
• A Schedule Ill substance has a potential for abuse less than the substances contained in
Schedules I and II, a currently accepted medical use in treatment in the United States, and
abuse may lead to moderate or low physical dependence or high psychological dependence or,
in the case of anabolic steroids, may lead to physical damage. Examples include lysergic acid;
ketamine; and some anabolic steroids.
• A Schedule IV substance has a low potential for abuse relative to the substances in
Schedule Ill, a currently accepted medical use in treatment in the United States, and abuse may
lead to limited physical or psychological dependence relative to the substances in Schedule Ill.
Examples include alprazolam, diazepam, and phenobarbital.
• A Schedule V substance has a low potential for abuse relative to the substances in
Schedule IV, a currently accepted medical use in treatment in the United States, and abuse
may lead to limited physical or psychological dependence relative to the substances in
Schedule IV. Examples include low dosage levels of codeine, certain stimulants, and certain
narcotic compounds.

Florida Prescription Drug Law

Section 456.44, F.S., as amended during the 2018 legislative session, CS/CS/HB 21, 32 authorizes
prescribers to prescribe a three-day supply of a Schedule II opioid 33 or up to a seven-day supply if
medically necessary. The prescribing limits on Schedule II opioids do not apply to prescriptions for
acute pains related to: cancer, a terminal condition, pain treated with palliative care, or a traumatic
injury with an Injury Severity Score of 9 or higher. 34

That section also requires a prescriber and dispenser to report to and review the Prescription Drug
Monitoring Program database to review a patient's controlled substance dispensing history prior to
prescribing or dispensing a Schedule II-IV controlled substance for patients 16 years older. 35 These
limitations and requirements apply to practitioners providing services in-person and through telehealth .

30
Department of Health, State of Florida, Emergency Order DOH No. 20-003 (Mar. 21, 2020) https://s33330.pcdn.co/wp-
content/uploads/2020/03/DOH-E0-20-003-3.21.2020.pdf (last visited Feb. 14, 2021).
31
Department of Health, State of Florida, Emergency Order DOH No. 20-005 (Apr. 21, 2020) https://s33330.pcdn.co/wp-
content/uploads/2020/04/DOH-Emergency-Order-20-005-extending-20-003.pdf (last visited Feb. 14, 2021 ).
32
Ch. 2018-13, Laws ofFla.
33
All opioids are controlled substances. Opioids range in classification between Schedule I and Schedule V.
34
S. 456.44(l)(a), F.S.
35
S. 893.055, F.S.
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DATE: 2/27/2021
Section 456.47(2)(c), F.S., as created by 2019 CS/CS/HB 23 36 , prohibits telehealth providers from
prescribing any controlled substance unless the controlled substance is prescribed for:
• The treatment of a psychiatric disorder;
• Inpatient treatment at a licensed hospital;
• The treatment of a patient receiving hospice services; or
• The treatment of a resident of a nursing home facility.

According to a study published by the University of Florida College of Pharmacy, 37 the "2018 Florida
law restricting opioid prescriptions for acute pain has led to a drop in opioid use." Specifically, the study
"found the number of new opioid users per month dropped 16 percent immediately after the law was
implemented, and the number of new users continues to decrease each month. Additionally, the
average days' supply fell from 5.4 days prior to the law to three days. The law was also associated with
an immediate decrease in the use of hydrocodone, the most commonly used Schedule II opioid." 38

In order to purchase, prescribe, administer or dispense controlled substances in Florida, veterinarians
must obtain a license from the U.S. Drug Enforcement Agency (DEA). Florida does not require any
additional licensure for veterinarians to purchase and prescribe controlled drugs. 39

The DEA is a division within the US Department of Justice and reports to the US Attorney General. In
consultation with the Secretary of Health and Human Services and others, the Attorney General
oversees the listing of substances on five schedules (Classes I, II, Ill, IV or V) of controlled agents as
described in Title 21 United States Code (USC) of the Controlled Substances Act. The central mission
of the DEA is to enforce controlled substances laws and regulations. With respect to veterinarians and
other health professionals, the major focus of the DEA is to prevent illegal diversion of controlled
prescription drugs for the purpose of illicit or non-medical uses. In order to legally purchase, dispense
or prescribe controlled prescription drugs, a veterinarian must be licensed by the DEA. Prescription
drugs that are regulated or controlled by the DEA include many important drugs that are used routinely
by veterinarians. DEA-controlled drugs are tightly controlled at all aspects of manufacturing,
distribution, ordering, storage, use and disposition. 40

While veterinarians are allowed to write prescriptions for controlled drugs, they cannot order controlled
drugs from their local pharmacy for "in-house" use nor for secondary re-sale. Like any other
prescription, controlled drug prescriptions must be written for a specific patient and cannot be for
general use. As a licensed DEA registrant, veterinarians are expected to create and maintain a system
that provides strong safeguards against theft or diversion of controlled drugs in their practice. 41

Two opioids are approved and marketed for use in animals, butorphanol and buprenorphine. Due to the
limited number of approved and marketed veterinary opioids, veterinarians who need to use opioids to
control pain in their patients generally use products approved for use in people. 42

36
Ch. 2019-137, Laws of Fla.
37
Juan M. Hincapie-Castillo, Changes in Opioid Use After Florida's Restriction Law for Acute Pain Prescriptions (Feb. 28, 2020),
htt;ps:// jamanetwork.c·om/joumals/ jamanetworkopen/ fullarticle/2762015?utm source=For The Media&utm medium=referral&utm c
ampaign=ftm Iinks&utm term=022820 (last visited Feb. 27, 2021).
38
Matthew Splett, UF College of Pharmacy, Department of Pharmaceutical Outcomes and Policy (Feb. 27, 2020),
https://ufl1ea1th.org/news/2020/new-tlorida-law-leads-decUne-opioid-use-according-uf-study (last visited Feb. 27, 2021 ).
39
Thomas Vickory, PhD, DEA REGULATION OF CONTROLLED DRUGS, https://www.vetfolio.com/learn/article/florida-drug-
laws-update-2013 (last visited Feb. 27, 2021 ).
40
Thomas, supra note 39.
41
Thomas, supra note 39.
42
U.S. FDA, The Opioid Epidemic: What Veterinarians Need to Know, https://www.fda .gov/animal-vererinary/resources-you/opioid-
epidemic-what-veterinarians-need-know (last visited Feb. 27, 2021).
STORAGE NAME: h0911.RRS.DOCX PAGE: 6
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Florida DOH Emergency Order No. 20-002

The HHS Secretary also authorized qualified prescribers to prescribe Schedule 11-V controlled
substances, and Surgeon General Rivkees issued DOH Emergency Order No. 20-00243 , which
suspended s. 456.47(2)(c) , F.S., and authorized specified Florida-licensed prescribers 44 to issue a
renewal prescription for a Schedule II-IV controlled substance only for an existing patient for the
purpose of treating chronic nonmalignant pain without conducting another physical examination of the
patient. This emergency order was extended 45 and will remain in effect until the expiration of Executive
Order No. 20-52 and extensions thereof.46

Federal Controlled Substance Law47

The Ryan Haight Online Pharmacy Consumer Protection Act of 200848 amended the federal Controlled
Substances Act, to prohibit a practitioner from issuing a "valid prescription" for a controlled substance
through the Internet without having first conducted at least one in-person medical evaluation, except in
certain circumstances . Thereafter, the prescriber may prescribe controlled substances to that patient
via Internet or a phone call. The Act offers seven exceptions to the in-person exam. One such
exception occurs when the Secretary of the federal Department of Health and Human Services (HHS)
has declared a public health emergency.

Federal Prescription Guidance During the COVID-19 Public Health Emergency

On January 31, 2020, the Secretary of HHS issued a public health emergency. 49 On March 16, 2020,
the federal Drug Enforcement Agency (DEA) published a COVID-19 Information page on the Diversion
Control Division website , authorizing DEA-registered practitioners, authorized designated DEA-
registered practitioners to issue prescriptions for all Schedule 11-V controlled substances to patients
without first conducting an in-person medical evaluation, provided all of the following conditions are
met:
• The prescription is issued for a legitimate medical purpose by a practitioner acting in the usual
course of his/her professional practice.
• The evaluation is conducted using an audio-visual, real-time, two-way interactive
communication system.
• The practitioner is acting in accordance with applicable federal and state law. 50

43
Department of Health, State ofFlorida, Emergency Order DOH No. 20-002 (Mar. 16, 2020)http://l1oridahealthcovid19.gov/wp-
content/uploads/2020/03/fiJed-eo-doh-no.-20-002-medical-professionals-03 .16.2020.pdf (last visited Feb. 14, 2021).
44
Physicians, osteopathic physicians, physician assistants, or advanced practice registered nurses that have designated themselves as a
controlled substance prescribing practitioner on their practitioner profiles pursuant to s. 456.44, F.S.
45
Department of Health, State of Florida, Emergency Order DOH No. 20-011 (June 30, 2020) https://tloridahealthcovid l 9.gov/wp-
content/uploads/2020/06/DOH-Emergency-Order-DOH-No .-20-011.pdf (last visited Feb. 14, 202 l ).
46
Under s. 252.36(2), F.S., no state of emergency declared pursuant to the Florida Emergency Management Act, may continue for
more than 60 days unless renewed by the Governor. The state of emergency declared in Executive Order 20-52, was extended by
Executive Orders 20-114, 20- 166, 20-192, 20-213, 20-276, and 20-316. Executive Order 20-316 will remain in effect until Feb. 27,
2020. Office of the Governor, State of Florida, Executive Order 20-316 (Dec. 29, 2020) https://www.flgov.com/wp-
content/up loads/orders/2020/EO 20-3 16.pdf (last visited Feb. 9, 2021).
47
21 u.s.c. s. 829.
48
Public Law No. 110-435 (2008).
49
Determination that a Public Health Emergency Exists, Alex M. Azar II, Secretary of U.S . Department of Health and Human
Services (January 31, 2020) available at https://www.phe. gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx (last visited
Feb. 9, 2021).
50
Diversion Control Division, U.S . Department of Justice Drug Enforcement Administration, COVlD-19 Jnformation Page, available
at hltps://www.deadi version.usdoj.gov/coronavirus.html (last visited Feb. 9, 2021 ). Letter from Thomas Prevoznik, Deputy Assistant
Administrator, Diversion Control Division, U.S. Department of Justice Drug Enforcement Administration, to DEA Qualifying
Practitioners and Other Practitioners, (Mar. 31, 2020) available at https://ww w.deadiversion.usdoj.gov/GDP/(DEA-DC-
022)(DEA068)%20DEA%20SAMHSA %20buprenorphine%20te lemedicine%20o/o20<Fi nal)%20+ Esign.pdf (last visited Feb. 9, 2021 ).
STORAGE NAME: h0911.RRS.DOCX PAGE: 7
DATE: 2/27/2021
Veterinary Telemedicine During the Pandemic

On March 24, 2020, the U.S. Food and Drug Administration (FDA) announced that it would temporarily
suspend enforcement of certain requirements in order to allow veterinarians to better utilize
telemedicine to address animal health needs during the COVID-19 pandemic. Specifically, the FDA has
provided guidance related to suspending the enforcement of the animal examination and premises visit
VCPR requirements relevant to FDA regulations governing Extralabel Drug Use in Animals 51 and
Veterinary Feed Directive Drugs. 52 This allows veterinarians to prescribe or authorize the use of drugs
without direct examination or making visits to patients, which will limit human-to-human interaction and
potential spread of COVID-19 in the community. 53

On March 27, 2020, DBPR issued emergency order EO 2020-04, which suspends any restriction of ch.
474, F.S., or ch. 61G-18, F.A.C., which would prohibit an active Florida-licensed veterinarian from
practicing telemedicine on a patient. The order specifies that attending veterinarians must be
comfortable assessing the patient remotely and feel able to exercise good clinical judgment to assist
the patient. The emergency order will expire with the expiration of Executive Order 20-52, including any
extension. 54

Rabies Vaccinations

All dogs, cats, and ferrets four months of age or older must be vaccinated by a licensed veterinarian
against rabies with a vaccine that is licensed by the U.S. Department of Agriculture for use in those
species. The owner must have the animal revaccinated 12 months after the initial vaccination, and
subsequent vaccinations must conform to the vaccine manufacturer's directions. The cost of
vaccination must be borne by the animal's owner. Evidence of circulating rabies virus neutralizing
antibodies may not be used as a substitute for current vaccination in managing rabies exposure or
determining the need for booster vaccinations. Violations of this requirement are a civil infraction,
punishable as provided ins. 828.27(2), F.S. 55

Currently, Florida law does not appear to allow anyone other than the veterinarian to administer the
rabies vaccine. The law allows certain vaccines, anesthesia and tranquilization to be administered by a
veterinary aide, nurse, laboratory technician, intern, or other employee of a licensed veterinarian while
under the "immediate supervision" of a licensed veterinarian. 56 In addition, the following tasks may
performed without the licensed veterinarian on the premises:
• The administration of medication and treatment, excluding vaccinations, as directed by the
licensed veterinarian; and
• The obtaining of samples and the performance of those diagnostic tests, including radiographs,
directed by the licensed veterinarian. 57

The Board of Veterinary Medicine has recognized that the following diseases are communicable to
humans and are of public health significance, and as a result, only a veterinarian is authorized to
immunize or treat an animal for these diseases. The diseases include:
• Brucellosis.
• Tuberculosis.

51
21 C.F.R. part 530.
52
21 C.F.R. § 558.6.
53
U.S. Food and Drug Administration, Coronavirus (COVID-19) Update: FDA Helps Facilitate Veterinary Telemedicine During
Pandemic, https://www.fda.gov/news-events/press-announcements/coronavirus-co v id- 19-u pdate-fda-he lps-faci Iitate-veterinary-
telemed ici ne-duri ng-pandem ic (last visited Feb. 26, 2021).
54
Department of Business and Professional Regulation, Emergency Order EO 2020-04, Mar. 27, 2020,
http://www.mytloridalicense.com/dbpr/os/documents/.EO 2020-04 .pdf (last visited Feb. 26, 2021 ).
55
S. 828.30(1), F.S.
56
S. 474.202(5), F.S., defines "immediate supervision" or words of similar purport to mean a licensed doctor of veterinary medicine is
on the premises whenever veterinary services are being provided.
57
R. 61018-17.005, F.A.C.
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DATE: 2/27/2021
• Rabies.
• Equine Encephalomyelitis. 58

Effect of the Bill

The bill allows licensed veterinarians to establish a VCPR remotely and practice veterinary
telemedicine as follows:
• Allows the "veterinarian/client/patient relationship" (VCPR) to be established in person, by
telephone, or by other means consistent with the individual veterinarian's professional
judgment.
• Specifies that a physical examination is not required for the veterinarian to assume
responsibility for making medical judgments or providing treatment.
• Removes the requirement that a veterinarian be personally acquainted and have made timely
visits with the animal in order to prescribe it drugs.
• Allows an employee, agent, or contractor of an animal control authority acting under the indirect
supervision of a veterinarian to administer rabies vaccinations to impounded animals that will be
transferred, rescued, fostered, adopted, or reclaimed by the owner.
• Defines "indirect supervision," to mean the supervising veterinarian is available for consultation
by telecommunications but is not required to be on the premises during such consultation.
o The supervising veterinarian assumes responsibility for the veterinary care given to the
animal by any person working under or at his or her direction and supervision.
• Authorizes veterinarians who supervise an employee, agent, or contractor of an animal control
authority administering the rabies vaccination to an animal to affix his or her signature stamp in
lieu of an actual signature.

B. SECTION DIRECTORY:
Section 1: Amends s. 474.202, F.S., relating to the definition of "veterinarian/client/patient
relationship."

Section 2: Amends s. 474.203, F.S., conforming a cross reference.

Section 3: Amends s. 474.214, F.S., relating to disciplinary proceedings.

Section 4: Amends s. 828.30, F.S., relating to rabies vaccination of dogs, cats, and ferrets.

Section 5: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

58
R. 61018-17.006, F.A.C.
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DATE: 2/27/2021
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. Animal control authorities will be able to administer rabies vaccinations of
impounded animals without a veterinarian having to be physically present. This may create a
savings for local animal control authorities to the extent they are incurring extra veterinary costs
associated with in-person supervision.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Licensed veterinarians will be permitted to establish a VCPR remotely, and practice veterinary
telemedicine, thus giving them more flexibility in their practice. This allows veterinarians to use their
professional judgement and determine when an animal needs to be physically seen, and will place
them on equal footing with licensed health care providers in the state who are already allowed to
practice telehealth.

Animal owners may have greater access to veterinarians and may feel more comfortable, especially
during a state of emergency. Visitors and tourists with pets may be able to obtain veterinarian care
while on vacation in Florida without the need for locating, and conveying their animal to, a veterinarian's
office.

D. FISCAL COMMENTS:
None.

111. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
Current law governing telehealth for humans excludes audio-only telephone calls, and limits the
prescription of controlled substances. 59 The bill does not do this.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
N/A

59
S. 456.47(2)(c), F.S.
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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 911 2021

1 A bill to be entitled
2 An act relating to the medical treatment of animals;
3 amending s. 474.202, F.S.; revising the definition of
4 the term "veterinarian/client/patient relationship";
5 amending s. 474.203, F.S.; providing an exception to
6 who may immunize or treat an animal for certain
7 diseases; amending s. 474.214, F.S.; revising grounds
8 for disciplinary action against a veterinarian;
9 amending s. 828.30, F.S.; authorizing employees,
10 agents, or contractors of animal control authorities
11 to administer rabies vaccinations under certain
12 circumstances; providing that a supervising
13 veterinarian assumes responsibility for any person
14 working at his or her discretion or under his or her
15 supervision; defining the term "indirect supervision";
16 providing requirements; authorizing a veterinarian who
17 indirectly supervises the administration of the rabies
18 vaccination to affix his or her signature stamp on a
19 rabies vaccination certificate; providing an effective
20 date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (12) of section 474.202, Florida
25 Statutes, is amended to read:

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HB 911 2021

26 474.202 Definitions.-As used in this chapter:
27 ( 12) "Veterinarian/ client/patient relationship" means a
28 relationship where the veterinarian has assumed the
29 responsibility for making medical judgments regarding the health
30 of the animal and its need for medical treatment. Such
31 relationship may be established in person, by telephone, or by
32 other means consistent with the individual veterinarian's
33 professional judgment. A physical examination is not required
34 for the veterinarian to assume responsibility for making medical
35 judgments or providing treatment.
36 Section 2. Paragraph (a) of subsection (5) of section
37 474.203, Florida Statutes, is amended to read:
38 474.203 Exemptions.-This chapter does not apply to:
39 (5) (a) Any person, or the person's regular employee,
40 administering to the ills or injuries of her or his own animals,
41 including, but not limited to, castration, spaying, and
42 dehorning of herd animals, unless title is transferred or
43 employment provided for the purpose of circumventing this law.
44 This exemption does not apply to any person licensed as a
45 veterinarian in another state or foreign jurisdiction and
46 practicing temporarily in this state. However, except as
47 provided ins. 828.30, only a veterinarian may immunize or treat
48 an animal for diseases that are communicable to humans and that
49 are of public health significance.
50

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HB 911 2021

51 For the purposes of chapters 465 and 893, persons exempt
52 pursuant to subsection (1), subsection (2), or subsection (4)
53 are deemed to be duly licensed practitioners authorized by the
54 laws of this state to prescribe drugs or medicinal supplies.
55 Section 3. Paragraph (y) of subsection (1) of section
56 474.214, Florida Statutes, is amended to read:
57 474.214 Disciplinary proceedings.-
58 (1) The following acts shall constitute grounds for which
59 the disciplinary actions in subsection (2) may be taken:
60 (y) Using the privilege of ordering, prescribing, or
61 making available medicinal drugs or drugs as defined in chapter
62 465, or controlled substances as defined in chapter 893, for use
63 other than for the specific treatment of animal patients for
64 which there is a documented veterinarian/client/patient
65 relationship. Pursuant thereto, The veterinarian shall:
66 1. Have sufficient knowledge of the animal to initiate at
67 least a general or preliminary diagnosis of the medical
68 condition of the animal, which means that the veterinarian is
69 personally acquainted with the keeping and caring of the animal
70 and has recently seen the animal or has made medically
71 appropriate and timely visits to the premises where the animal
72 is kept.
73 2. Be available or provide for followup care and treatment
74 in case of adverse reactions or failure of the regimen of
75 therapy.

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76 3. Maintain records which document patient visits,
77 diagnosis, treatment, and other relevant information required
78 under this chapter.
79 Section 4. Subsections (1) and (3) of section 828.30,
80 Florida Statutes, are amended to read:
81 828.30 Rabies vaccination of dogs, cats, and ferrets.-
82 ( 1) (a) Except as provided in paragraph (b), all dogs,
83 cats, and ferrets 4 months of age or older must be vaccinated by
84 a licensed veterinarian against rabies with a vaccine that is
85 licensed by the United States Department of Agriculture for use
86 in those species~
87 (b) An employee, agent, or contractor of an animal control
88 authority acting under the indirect supervision of a
89 veterinarian may vaccinate impounded animals that will be
90 transferred, rescued, fostered, adopted, or reclaimed by the
91 owner. As used in this subsection, the term "indirect
92 supervision," means that the supervising veterinarian is
93 available for consultation by telecommunications but is not
94 required to be on the premises during such consultation. The
95 supervising veterinarian assumes responsibility for the
96 veterinary care given to the animal by any person working under
97 or at his or her direction and supervision.
98 J.£1 The owner of every dog, cat, and ferret shall have the
99 animal revaccinated 12 months after the initial vaccination.
100 Thereafter, the interval between vaccinations shall conform to

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101 the vaccine manufacturer's directions. The cost of vaccination
102 must be borne by the animal's owner. Evidence of circulating
103 rabies virus neutralizing antibodies may shall not be used as a
104 substitute for current vaccination in managing rabies exposure
105 or determining the need for booster vaccinations.
106 (3) Upon vaccination against rabies, the licensed
107 veterinarian shall provide the animal's owner and the animal
108 control authority with a rabies vaccination certificate. Each
109 animal control authority and veterinarian shall use the "Rabies
110 Vaccination Certificate" of the National Association of State
111 Public Health Veterinarians (NASPHV) or an equivalent form
112 approved by the local government that contains all the
113 information required by the NASPHV Rabies Vaccination
114 Certificate. The veterinarian who administers the rabies
115 vaccination, or who supervises an employee, agent, or contractor
116 of an animal control authority administering the rabies
117 vaccination, vaccine to an animal as required under this section
118 may affix his or her signature stamp in lieu of an actual
119 signature.
120 Section 5. This act shall take effect July 1, 2021.

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HB 911 by Rep. Buchanan
Medical Treatment of Animals

AMENDMENT SUMMARY
March 2, 2021

Amendment 1 by Rep. Buchanan (line 35):
The amendment:
• Defines "veterinary telemedicine" as "the practice of veterinary medicine in a remote
setting, including through the use of telephone or audio-visual technology or by other
means consistent with the veterinarian's professional judgment."
• Authorizes veterinarians to establish a veterinarian/client/patient relationship in person,
or by means of veterinary telemedicine.
• Specifies that a physical examination is not required for the veterinarian to assume
responsibility for making medical decisions or providing treatment.
• Prohibits veterinarians from prescribing controlled substances if the
veterinarian/client/patient relationship has been established remotely and a physical
examination has not previously occurred, unless the controlled substance is prescribed
for the following:
o Inpatient treatment at an animal clinic or hospital; or
o The treatment of a patient receiving hospice services.
• Requires veterinarians to hold a current license to practice veterinary medicine in the
State of Florida in order to practice veterinary telemedicine in Florida.
• Grants the Florida Board of Veterinary Medicine jurisdiction over a veterinarian
practicing veterinary telemedicine in Florida, regardless of where the veterinarian's
physical offices are located.
• Specifies that the practice of veterinary is not a violation of the standard of care, and a
veterinarian may not be disciplined for practicing veterinary telemedicine.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 911 (2021)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/0 OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Buchanan offered the following:
4
5 Amendment (with directory and title amendments)
6 Remove lines 31-35 and insert:
7 relationship may be established in person, or by means of
8 veterinary telemedicine if audio-visual technology is used to
9 establish such relationship. A physical examination is not
10 required for the veterinarian to assume responsibility for
11 making medical judgments or providing treatment.
12 (14) nveterinary telemedicine" means the practice of
13 veterinary medicine in a remote setting, including through the
14 use of telephone or audio-visual technology or by other means
15 consistent with the veterinarian's professional judgment, as

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Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 911 (2021)
Amendment No. 1

16 long as the veterinarian/client/patient relationship is
17 established either in person or by audio-visual technology.
18 Section 2. Section 474.2031, Florida Statutes, is created
19 to read:
20 474.2021 Veterinary Telemedicine.-
21 (1) A veterinarian may practice veterinary telemedicine.
22 (2) A veterinarian may not prescribe controlled substances
23 if the veterinarian/client/patient relationship has been
24 established remotely under this section and a physical
25 examination has not previously occurred, unless the controlled
26 substance is prescribed for the following:
27 (a) Inpatient treatment at an animal clinic or hospital; or
28 (b) The treatment of a patient receiving hospice services.
29 (3) A veterinarian must hold a current license to practice
30 veterinary medicine in the State of Florida in o rder to practice
31 veterinary telemedicine in Florida.
32 (4) The Board has jurisdiction over a veterinarian
33 practicing veterinary telemedicine in Florida, regardless of
34 where the veterinarian's physical offices are located. However,
35 the practice of veterinary telemedicine in conformance with this
36 chapter is not a violation of the standard of care, and a
37 veterinarian may not be disciplined solely for practicing
38 veterinary telemedicine.
39
40
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 911 (2021)
Amendment No. 1

41 D I R E C T O R Y A ME N D ME N T
42 Remove lines 24-25 and insert:
43 Section 1. Section 474.202, Florida Statutes, is amended
44 to read:
45
46
47 T I T L E A ME N D ME N T
48 Remove line 7 and insert:
49 diseases; defining "veterinary telemedicine"; creating s.
50 474.2031, F.S.; authorizing veterinarians to establish
51 veterinarian/client/patient relationship remotely; prohibiting
52 veterinarians from prescribing controlled substances under
53 certain circumstances; authorizing the Florida Board of
54 Veterinary Medicine jurisdiction; specifying standard of care
55 and discipline; amending s. 474.214, F.S.; revising grounds

337143 - hb0911-Line31.docx
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Page 3 of 3
I
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: PCS for HB 1059 Building Permits
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

Orig. Comm.: Regulatory Reform Subcommittee Anstead

SUMMARY ANALYSIS
The Florida Building Codes Act provides 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 from jurisdiction to jurisdiction.

Current law requires local governments to enforce the Building Code and issue building permits. Current law
also requires state agencies, state universities, Florida College System institutions, and public school districts
to enforce the Building Code in certain situations. Each local government entity may provide a schedule of
reasonable fees in order to defer the costs of inspection and enforcement of the Building Code. It is unlawful to
construct, erect, alter, repair, secure, or demolish any building without first obtaining a building permit.

A development permit is any official action of a local government that has the effect of permitting the
development of land including, but not limited to, building permits, zoning permits, subdivision approval,
rezoning, certifications, special exceptions, and variances. A development order is issued by a local
government and grants, denies, or grants with conditions an application for a development permit.

The bill:
• Requires local governments to review additional information for an application for a development permit
or development order within a certain time-period.
• Clarifies and requires local enforcement agencies to:
o post each building permit application, including a list of any required attachments, such as
drawings or plans, on their websites;
o allow applicants to submit completed building permit applications electronically including any
required payments and attachments, such as plans;
o post the current status of every received building permit application on their website; and
o post their procedures for reviewing, processing, and approving building permit applications on
their websites.
• Requires government entities, which enforce the Building Code, that fail to meet current established
deadlines for reviewing building permit applications to reduce the fee for such permits for every
business day that they miss the deadline, unless the applicant agrees to a longer period.
• Requires government entities that deny a building permit application for a single-family residential
dwelling to allow the applicant 10 business days to correct the application.
• Prohibits government entities from requiring a copy of a contractor's contract with owners,
subcontractors, or suppliers in order to obtain a building permit for projects on commercial property.
o This does not apply to projects for improvements owned or leased by a government entity.

The bill may have an indeterminate fiscal impact on state and local government. See Fiscal Comments.

The bill provides for an effective date of October 1, 2021 .

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs1059.RRS.D0CX
DATE: 2/26/2021
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
The Community Planning Act

Adopted in 1985, the Local Government Comprehensive Planning and Land Development Regulation
Act, 1 also known as Florida's Growth Management Act, was significantly revised in 2011, becoming the
Community Planning Act. 2 The Community Planning Act governs how local governments create and
adopt their local comprehensive plans.

Local comprehensive plans must include principles, guidelines, standards, and strategies for the orderly
and balanced future land development of the area and reflect community commitments to implement
the plan. The intent of the Act is that local governments manage growth through comprehensive land
use plans that facilitate adequate and efficient provision of transportation, water, sewage, schools,
parks, recreational facilities, housing, and other requirements and services. 3 A housing element is
required as part of every comprehensive plan in the state. Among other things, the housing element
must address "the creation or preservation of affordable housing to minimize the need for additional
local services and avoid the concentration of affordable housing units only in specific areas of the
jurisdiction." 4

Municipalities established after the effective date of the Community Planning Act must adopt a
comprehensive plan within three years after the date of incorporation. 5 The county comprehensive plan
controls until a municipal comprehensive plan is adopted. 6

The comprehensive plan is implemented via land development regulations. Each county and
municipality must adopt and enforce land development regulations, such as zoning or other housing-
related ordinances, that are consistent with and implement their adopted comprehensive plan. 7

Issuing Development Orders and Permits - Current Situation

Under the Community Planning Act, a development permit is any official action of a local government
that has the effect of permitting the development of land including, but not limited to, building permits,
zoning permits, subdivision approval, rezoning, certifications, special exceptions, and variances. 8 A
development order is issued by a local government and grants, denies, or grants with conditions an
application for a development permit. 9

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. 10

Before a third request for information, the applicant must be offered a meeting to attempt to resolve
outstanding issues. 11 If the applicant believes the request for additional information is not authorized by
ordinance, rule, statute, or other legal authority, the applicant can request the county or municipality

1 See ch. 85-55, s. 1, Laws of Fla.
2 See ch. 2011-139, s. 17, Laws of Fla.
3
S. 163.3161(4), F.S.
4 S. 163.3177(6)(f)1.g., F.S.
5 S. 163.3167(3), F.S.

6 fd.
7 S. 163.3202, F.S.
8 S. 163.3164(16), F.S.
9
See ss. 125.022, 163.3164(15), and 166.033, F.S.
10 Ss. 125.022(1) and 166.033(1), F.S.
11 Id.
STORAGE NAME: pcs1059.RRS.DOCX PAGE: 2
DATE: 2/26/2021
proceed to process the application for approval or denial. 12 If denied, the county or municipality is
required to give written notice to the applicant and must provide reference to the applicable legal
authority for the denial of the permit. 13

Prior to 2019, there was no specified timeframes provided in current statute for reviewing an application
for a development permit, development order, or additional information requested by a county or
municipality. 14

In 2019, the Legislature imposed requirements and time limits for a county or municipality to review an
application for a development permit or development order, not including building permit applications,
and provided procedures for addressing deficiencies in an application. 15

Within 30 days of receiving an application for a development permit or development order, a county or
municipality must review the application and issue a letter to the applicant indicating that the application
is complete or specify the deficiencies within 30 days after receiving the application. 16 If the county or
municipality identifies deficiencies, the applicant has 30 days to submit the required additional
information. 17

Once an application is deemed complete, a county or municipality must approve, approve with
conditions, or deny the application within 120 days or 180 days for applications that require final action
through a quasi-judicial hearing or a public hearing. 18

Current law specifies how long an applicant has to submit additional information to a local government.
However, current law does not specify how long a local government has to review the additional
information and determine if the application is complete or still deficient.

Issuing Development Orders and Permits - Effect of the Bill

The bill provides that 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 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 or municipality's first request.
• 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
information, if the request is the county or municipality's second request.
• Deem the application complete within 10 days of receiving the information or proceed to
process the application for approval or denial unless the applicant waived the county or
municipality's time limitations in writing, if the request is the county or municipality's third
request.

The Florida Building Code

12 Jd.
13
Ss. 125.022(2) and 166.033(2), F.S.
14
Ss. 125.022(1) and 166.033(1), F.S. (2018).
15
See House Analysis of2019 House Bill 7103 (Jul. 1, 2019).
16
Ss. 125.022(1) and (2), and 166.033 (1) and (2), F.S.
11 Id.

1s Id.
STORAGE NAME: pcs1059.RRS.D0CX PAGE: 3
DATE: 2/26/2021
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired. 19

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 commission's
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 codes on March 1, 2002. 20 The current edition of
the Building Code is the seventh edition, which is referred to as the 2020 Florida Building Code. 21

The Florida Building Commission (Commission) was statutorily 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, 23 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. 24

Enforcement of the Florida Building Code

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. 25
Every local government must enforce the Florida Building Code and issue building permits. 26

State universities, Florida College System institutions, and public school districts enforce the Building
Code for their building projects, including conducting plan review and inspections. State universities,
Florida College System institutions, and public school districts must use or contract with licensed
building officials, inspectors, and plan examiners, and may elect to use a local government's building
department to review plans and perform inspections. 27

19
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4,
http://www.floridabuilding.org/tbc/publications/2006 Legislature Rot rev2.pdf (last visited Feb. 15, 2021).
20
Id; DBPR, Building Code Information System, https://floridabuilding.org/c/default.aspx# (last visited on Feb. 15, 2021).
21
Florida Building Commission Homepage, https://tloridabuilding.org/c/defauJt.aspx (last visited Mar. 14, 2019).
22
See S. 553.72(1), F.S.
23
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 Feb. 21, 2021).
24
Ss. 553.73, & 553.74, F.S.
25
S. 553.72, F.S.
26
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
27
S. 553.80(6), F.S.
28
Ss. 255.31(1), and 553.80(1), F.S.
29 Id.
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DATE: 2/26/2021
• The Department of Corrections and the Department of Juvenile Justice, and the Department of
Management Services (OMS) enforces the construction regulations relating to correctional
facilities under their jurisdiction.
• The OMS enforces the construction regulations for the Governor's Mansion and its grounds, the
Capitol, and the Capitol complex.
• The DBPR enforces the construction regulations relating to elevator equipment under their
jurisdiction.
• The Turnpike Enterprise, which is part of the Department of Transportation, enforces the
construction regulations for toll collection facilities under its jurisdiction.
• The Department of Children and Families (DCF) in conjunction with the Agency for Health Care
Administration (ACHA) enforces construction regulations relating to secure mental health
treatment facilities under DC F's jurisdiction.
• The AHCA also reviews plans and surveys construction of hospitals, nursing homes,
ambulatory surgical centers, and Intermediate Care Facilities for the Developmentally Disabled.

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 government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency. 30 A building permit is not valid until
the fees for the permit have been paid. 31

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 32 A building official is a local government employee or a person
contracted by a government entity who supervises building code activities, including plans review,
enforcement, and inspection. 33 Any construction work that requires a building permit also requires plans
and inspections by the building official to ensure the work complies with the Building Code. 34

A local government's permit and inspection fees must be used solely for carrying out that local
government's responsibilities in enforcing the Building Code. This includes: 37

30
See Ss. 125.56(4)(a) & 553.79(1), F.S.
31
S. 109.1 of the Seventh edition of the Florida Building Code (Building).
32
S. 468.603(2), F.S; S. 202 of the Seventh edition of the Florida Building Code (Building).
33
S. 468.603(2), F.S.; S. 202 of the Seventh edition of the Florida Building Code (Building).
34
Ss. 107, 110.1, and 110.3 of the Seventh edition of the Florida Building (Building).
35
The utilization report must include the local government's direct and indirect costs for enforcing the Building. S. 553.80(7), F.S.
36
Ss. 125.56(2) and (4), 166.222, and 553.80(7), F.S.
37
S. 553.80(7), F.S.
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DATE: 2/26/2021
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
Florida Building Commission, DBPR's Building Code Compliance and Mitigation Program, and the
Florida Fire Prevention Code informal interpretations. 38

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 BCAIB and the Florida Homeowners' Construction Recovery
Fund. 39

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 Florida Building Code. 40

Building Permit Delays

Any delays in obtaining a building permit can delay the completion of a construction. Delays in the
completion of a construction project may: 41

• Lead to increased costs for construction projects, which may be passed onto occupants of a
completed project;
• Discourage construction, which can reduce the total supply of buildings in a community and
may lead to higher rents in the community;
• Reduce property tax revenue to a local government and other taxing jurisdictions resulting from
the delayed start and completion of a construction project; and
• Result in delayed occupancy of a project, including single-family residences and multi-family
residences.

Streamlining the process to obtain a building permit can accelerate the completion of construction
projects. The goal of streamlining is to remove overlap and duplication and create more efficient
administrative procedures while not reducing a building department's ability to enforce the applicable
construction codes. Streamlining the building permit process may: 42

• Increase local government revenues by accelerating completion of a project and thus
accelerating property tax collection;
• Create local construction jobs and other indirect jobs supported by local construction jobs, such
as jobs at a material supplier, which may increase local tax revenue by creating local
construction jobs and other indirect jobs; and

38
S. 553.721, F.S.
39
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.
40
Ss. 468.631, and 553.721, F.S.
41
City of Austin Development Services Department, A Program for Expedited Permitting,
http://austintexas.gov/sites/default/files/files/8-9-20 l 6 Report on Expedited Permitting Program.pdf (last visited Feb. 22, 2021 );
PricewaterhouseCoopers, The Economic Impact ofAccelerating Permit Processes on Local Development and Government Revenues,
(Dec. 7, 2005).
42
Id.; Institute for Market Transformation, Streamlining Compliance Processes, (Winter 2012) https:l/www.imt.org/wp-
content/uploads/2018/02/CaseStudy5.pdf (last visited Feb. 24, 2021 ).
STORAGE NAME: pcs1059.RRS.D0CX PAGE: 6
DATE: 2/26/2021
• Encourage economic development by having an efficient permit system.

List of Required Items for Applications and Electronic Submission of Applications - Current
Situation

Current law requires local enforcement agencies to post each type of building permit on their website. 44
Current law also requires local enforcement agencies to allow applicants to submit applications
electronically, except owners who are acting as contractor under the owner-builder exemption. 45
Accepted methods of electronic submission include, but are not limited to: 46

• E-mail submission of applications in PDF format;
• Submission of applications through an electronic fill-in form available on the building
department's website; or
• Through a third-party submission management software.

However, it is not clear if current law requires local enforcement agencies to:

• post a list or identify other items required as part of the application for each type of building
permit on their websites;
• allow applicants to electronically submit items required as part of a building permit application
including payments, attachments, or drawings; or
• post the status of building permit applications on their websites.

Some local governments list the items required as part of an application, allow applicants to
electronically submit items required as part of an application, and post the status of building permit
applications on their websites, while others do not. 47

Proponents argue that posting a list containing all the required information for each type of building
permit and the status of every received application saves time by reducing phone calls and emails to
building department staff. It also reduces the number of applications that are denied due to
misunderstanding about what materials and information must be provided. 48

Proponents argue that allowing applicants to submit applications electronically, including all required
items, saves time and money for builders and developers by shortening the turn-around time for

43
S. 553.71(5), F.S.
44
Ss. 125.56(4)(b) & 553.79(l)(b), F.S.
45
Current law requires property owners who are acting as a contractor under the owner-builder exemption to personally appear at a
local enforcement agency to sign the building permit. Ss. 489.103(7), & 489.503(7), F.S.
46
Ss. 125.56(4)(b) & 553.79(l)(b), F.S.
47
City of Miramar, Building, Permits & Inspections, https://www.miramarfl.gov/l 50/Bui ldi ng-Permits-Inspections (last visited Feb.
25, 2021 ); City of Orlando, Permits & Inspections, https://www.orlando.gov/Building-Development/Perrn its-Inspections (last visited
Feb. 24, 2021); Union County, Building Department, https://unioncounty-tlgov/building-department/ (last visited Feb. 25, 2021); City
of Crestview, Building Permits & Inspections, http://www.cityofcrestview.org/ 16 1/Building-Permits-lnspections (last visited Feb. 25,
2021).
48
Ryan Meres, Seven Keys to Alleviating Permitting Pain, Builder (Jul. 23, 2015) https://www.bui lderonline.com/bu ilding/regulation-
policy/seven-keys-to-alleviating-permitting-pain o (last visited Feb. 24, 2021 ); E-Gov Link, How to Streamline your Local
Government Permitting Process, (Aug. 28, 2019) https://www2.egovli nk .coni/ how-to-streamline-your-local-govemment-permitting-
process/ (last visited Feb. 24, 2021)
STORAGE NAME: pcs1059.RRS.DOCX PAGE: 7
DATE: 2/26/2021
processing most building permits, and by preventing them from having to travel to and from a building
department during business hours to drop off the required items. 49

They also argue that it helps building departments by reducing the cost of printing documents,
eliminating archiving costs, easing the burden of managing paper documents, and consolidates the
plan review process by having documents stored on a network server that is available to multiple
departments and employees. 50

Building Departments note that the cost to post the list of required items and the status of received
building permit applications, and the cost to transition from paper documents to electronic documents is
expensive and it is not easy or quick. 51 Additionally a building department may have to devote limited
resources to updating the list of required items and the status of received building permit applications. 52

List of Items Required for Applications and Electronic Submission of Applications - Effect of
the Bill

The bill clarifies that local enforcement agencies must:

• post each type of building permit application on their website, including a list of all required
attachments, drawings, and any other requirements that are required for each type of
application.
• post the status of received building permit applications online, and update the status.
o A local enforcement agency does not have to post the status of a received building
permit application if it has issued a permit for the application.
• allow building permit applicants to electronically submit applications, including all attachments,
payments, drawings, and any other requirements that are required as part of the application.
o Applications, including attachments, payments, drawings, and any other requirements or
parts that are required as part of the application, may also be submitted in person at the
discretion of the building official.

Process for Reviewing Building Permits - Current Situation

Current law requires local enforcement agencies to enforce the Building Code and issue building
permits. However, current law does not specify how local enforcement agencies must review and
process building applications. Instead, current law leaves it up to local enforcement agencies to
determine how they want to process, receive, and approve building permit applications.

According to testimony offered during the regular meeting of the Florida House of Representatives
Regulatory Reform Subcommittee, there are generally two different models for how building
departments are setup. One model is the separated review process, which is a process where an
application goes to different departments for review such as the zoning department and the building
department. The second model is a combined review process, which operates as a one-stop shop for
all development review approval. 53 However, local enforcement agencies operate differently from each

49 Building Officials Association of Florida, Florida Engineering Society, AIA Florida, Building Department Guide to Creating and

Processing Electronic Construction Documents,
http://www.aiafla.org/upload documents/BuildingDepartmentGuidetoCreatingandProcessingE\ectronicDocuments.pdf(last visited
Feb. 25, 2021 ); See The Florida Channel, 1/27/2021 House Regulatory Reform Subcommittee, hltps://thefloridachannel.org/videos/ 1-
27-21-house-regulatory-reform-subcommittee/ (last visited Feb. 19, 2021).
50 Id.
51
Id.; The Community Development Director for the City of Auburndale testified that the cost for them to purchase the software
necessary for the switch to electronic documents cost $90,000. See The Florida Channel, supra note 49.
52 The Massachusetts Association of Regional Planning Agencies, A Best Practices for Streamlined Local Permitting, (Nov. 30, 2007),

http://www.pypc.org/sites/default/ftles/BEST%20PRACTICES%20GUIDE O.pdf (last visited Feb. 24, 2021).
53
See The Florida Channel, supra note 49.
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DATE: 2/26/2021
other, and there is no uniform system for processing, receiving, or approving building permit
applications. 54

Proponents argue that requiring building departments to list their procedures for receiving, processing,
and approving building permit applications on their website helps developers and residents by letting
them know the permitting process from the beginning. It also reduces conflicts and delays in application
review due to misunderstanding about a building department's procedures. It also helps new staff by
letting them know what their responsibilities are in the process. 55

Building departments note that, a building department may have to devote limited resources to creating
the list of its procedures for receiving, processing, and approving building permit applications on its
website. Additional resources may also be needed to update the list to ensure the listed procedures are
current and up to date. 56

Process for Reviewing Building Permits - Effect of the Bill

The bill requires local enforcement agencies to post their procedures for processing, reviewing, and
approving submitted building permit applications on their websites.

Time-Period to Review Building Permit Applications - Current Situation

Current law requires local governments to review certain building permit applications within a specific
time-period of receiving the applications. Current law has established time-periods for local
governments to review applications for the following building permits: 57

• accessory structure;
• alarm permit;
• nonresidential buildings less than 25,000 square feet;
• electric;
• irrigation permit;
• landscaping;
• mechanical;
• plumbing;
• residential units other than a single family unit;
• multifamily residential not exceeding 50 units;
• roofing;
• signs;
• site-plan approvals and subdivision plats not requiring public hearings or public notice;
• lot grading and site alteration associated with the permit application set forth in this subsection;
• master building permits; and
• single-family residential buildings.

When a local government receives an application for one of the above building permits, except master
building permits and single-family residential buildings, it must: 58

• Inform the applicant within 10 days of receiving the application, what information, if any, is
needed to complete the application.

54 Id.
55
The Massachusetts Association of Regional Planning Agencies supra note 52.
56 Id.
57
S. 553.792(2), F.S.
58
S. 553.792(1), F.S.
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DATE: 2/26/2021
o If the local government fails to provide written notice to the applicant within the 10-day
window, the application is deemed to be properly completed.
• Notify the applicant within 45 days of the application being deemed complete, if additional
information is necessary to determine the sufficiency of the application;
o If additional information is needed the local government must specify what additional
information is necessary.
o The applicant may submit the additional information to the local government or request
that the local government act on the application without the additional information.
• Approve, approve with conditions, or deny the application within 120 days following receipt of
the completed application.
o This period is tolled during the time an applicant is responding to a request for additional
information and may be extended by mutual consent of the parties.

These time-periods do not apply when a law, agency rule, or local ordinance specify different
timeframes for review of local building permit applications, for permits for wireless communication
facilities, or when both parties agree to an extension. 59

If a local government receives a complete master building permit application, it must approve or deny
the application within 120 days of receiving the completed application, unless the applicant agrees to a
longer period. 60

If any government entity with authority to enforce the Building Code receives an application for a
building permit for single-family residential dwelling, it must issue the permit within 30 business days of
receiving the application, unless the application fails to satisfy the Building Code or the enforcing
agency's laws or ordinances, or unusual circumstances require a longer time-period for processing the
application. 61

Current law provides time-periods for when government entities must review certain building permit
applications. However, current law does not provide any penalty if a government entity fails to comply
with the deadlines established by current law.

Time-Period to Review Building Permit Applications - Effect of the Bill

The bill requires local governments to reduce a permit fee for building permit applications by 10 percent
of the original permit fee for each business day that a local government fails to meet the current
statutory time-period for reviewing a building permit application or a time-period established by the local
government.
• A local government does not have reduce the permit fee if the local government and applicant
agree to an extension of time, or if the application is for a master building permit and the
applicant agrees to an extension. ·

The bill provides that if a government entity with authority to enforce the Building Code fails to approve
an application for a single-family residential dwelling building permit within 30 business days of
receiving the application, it must reduce the building permit fee by 10 percent of the original permit fee
for each business day that the enforcing agency fails to meet the deadline.

A government entity does not have to reduce the fee for a single-family residential dwelling building
permit, if:

59 Id.
60
S. 553.794(5)(c), F.S. A master building permit is intended for builders who expect to construct identical single- or two- family
dwellings or townhomes. Once a builder obtains a master building permit, he or she is not required to obtain a new permit for single-
two-family dwelling or townhome as long as the dwelling or townhome is built to the specifications in the master building permit. See
553.794, F.S.
61
S. 553.79(14), F.S.
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DATE: 2/26/2021
• it provides written notice to the applicant, by email or USPS mail within 30 business days of
receiving the application; and
• The written notice specifically states how the application fails to satisfy the Building Code, or the
government entity's laws or ordinances.

An applicant has 10 business days to address the reasons specified in the government entity's notice. If
the applicant submits revisions to the government entity within 10 business days of receiving the notice,
the government entity must approve or deny the permit within 10 business days of receiving the
applicant's revisions.

If a government entity fails to approve or deny the permit within 10 business days of receiving the
applicant's revisions, it must:

• reduce the permit fee by 20 percent of the original permit fee for the first day that it fails to meet
the deadline; and
• an additional 10 percent of the original permit fee for each business day that it fails to meet the
deadline, for up to five business days.

A government entity does not have to reduce the permit fee if the applicant agrees to a longer period in
writing.

If any permit fees are refunded because a local government fails to meet an established deadline for
reviewing a building permit application, the DBPR surcharges for funding the Building Commission, the
BCAIB, and the Florida Homeowners' Recovery Fund must be recalculated based on the amount of the
permit fees after the refund.

Required Information in Building Permit Application - Current Situation

To obtain a permit, an applicant must complete an application for the proposed work on a form
furnished by the government entity. The form must include the following information: 62

• The name and address of the owner of the property;
• The name and address of the contractor;
• A description sufficient to identify the property to be improved, including the property's address
and legal description; and
• The name and address of the bonding company, if any;
• The name and address of the architecUengineer, if any;
• The name and address of the mortgage company, if any; and
• The number or identifying symbol assigned to the building permit by the issuing authority.

In addition to the information that must be in the application, a government entity may require any
additional information be included in the application. 63

According to testimony offered during the Regular meeting of the Florida House of Representatives
Regulatory Reform Subcommittee, many local governments use the cost of construction as a factor64

62
Ss. 713.135(5) and (6), F.S.
63 Id.
64
The International Code Council has created two equations to help jurisdictions determine their permit fee schedules. Two factors of
the factors in the equations are the valuation of the construction cost of the project, and the value of all the construction in the
jurisdiction in the previous year. See International Code Council, Building Valuation Data- February 2020,
https://www.iccsafe.org/wp-content/uploads/BVD-8SJ-FEB20.pdf (last visited Feb. 21, 2021 ).
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for determining the amount of a fee for a building permit. 65 Some local governments are requiring
contractors to include their contracts with private owners in order to obtain building permits so that the
local government can determine the contract's construction cost and construction value. 66 Although
these contracts may contain private proprietary information, when local governments request them they
may become public documents. 67

Required Information in Building Permit Application -- Effect of the Bill

The bill prohibits a government entity from requiring a contract between an owner and a contractor or a
contract between a contractor and a subcontractor or material supplier as a condition to apply for or
obtain a building permit for construction work on a commercial property.

However, this does not apply to any construction projects for improvements that are owned or leased
by a government entity.

B. SECTION DIRECTORY:
Section 1: Amends s. 125.022, F.S., relating to development permits and orders issued by
counties.

Section 2: Amends s. 125.56, F.S., requiring counties to allow submission of certain documents
and list certain things on their websites.

Section 3: Amends s. 166.033, F.S., relating to development permits and orders issued by
municipalities.

Section 4: Amends s. 553.79, F.S., requiring local governments to allow submission of certain
documents, list certain things on their websites, and reduce certain building permit fees.

Section 5: Amends s. 553.792, F.S., requiring local governments to reduce certain building permit
fees.

Section 6: Amends s. 553.794, F.S., requiring local governments to reduce certain building permit
fees.

Section 7. Amends s. 713.135, F.S., prohibiting local governments from requiring contracts in
certain applications for building permits.

Section 8. Providing an effective date of October 1, 2021 .

11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

65
City of Miami, City of Miami Building Permit Fee Schedule, https://www.miamigov.com/Services/Building-Permi.tting/City-of-
Miami-Building-Pennit-Fee-Schedule (last visited Feb. 21, 2021); St. Lucie County, Building Permit Fees,
https://www.stlucieco.gov/Home/ShowDocument?id= 1330 (last visited Feb. 21, 2021); City of Seminole, City ofSeminole Permit Fee
Schedule, https://www.myseminole.com/Bui1ding/Docs/Pennit Fees.pdf (last visited Feb. 21, 2021).
66 See The Florida Channel, 1/27I 2021 House Regulatory Reform Subcommittee, https://thefloridachannel.org/videos/1-27-21-house-

reguJatory-refonn-subcommittee/ (last visited Feb. 19, 2021 ).
67
Article I, section 24(a) of the Florida Constitution sets forth the state's public policy regarding access to government records. This
section guarantees every person a right to inspect or copy any public record made or received in connection with official business of
any public body, including counties, municipalities, and districts. Current law does not contain an exemption from Florida's public
records laws for proprietary business information included in a building permit application. See generally, ch. 119. F.S.
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DATE: 2/26/2021
1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact by decreasing the time it takes to obtain a building permit, which
may decrease the cost and time to complete projects.

D. FISCAL COMMENTS:
The amount of permit fees that are refunded by local governments for failing to review a permit
application within a certain time-period is indeterminate. However, any amount will likely be minimal. It
is unclear if refunding a percentage of permit fees will have an impact on the surcharges received by
DBPR. However, any impact will likely be insignificant.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill requires local governments to take actions that require expenditures of money by
requiring local governments to allow electronic submission of certain building permit application
documents, and requiring them to post the current status of received building permit applications, to
list the required documents to be included with a permit application, and to list their procedures for
processing applications on their website. This may result in additional expenditures to comply with
the statute. However, local building departments are permitted by state law to collect building fees
that cover the cost of their expenses. An exemption may apply because the fiscal impact is likely to
be insignificant.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

PCS for HB 1059 2021

1 A bill to be entitled
2 An act relating to construction permits; amending
3 125.022, F.S.; amending the requirements for when
4 counties request certain information; amending 125.56,
5 F.S.; amending the requirements that counties post
6 building permit applications and its procedures for
7 reviewing applications online and allow applicants to
8 submit applications electronically; amending 166.033,
9 F.S.; amending the requirements for when
10 municipalities request certain information; amending
11 553.79, F.S.; amending the requirements that local
12 governments post building permit applications and its
13 procedures for reviewing applications online and allow
14 applicants to submit applications; providing for a
15 reduction of fees in certain circumstances; requiring
16 certain surcharges be recalculated under certain
17 conditions; amending 553.792, F.S.; providing for a
18 reduction of fees in certain circumstances; requiring
19 certain surcharges be recalculated under certain
20 conditions; amending s. 553.794, F.S.; providing for a
21 reduction of fees in certain circumstances; requiring
22 certain surcharges be recalculated under certain
23 conditions; amending 713.135, F.S.; providing that
24 building permit authorities may not require applicants
25 to provide certain contracts for certain types of

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26 building permits; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Subsection (2) of section 125.022, Florida
31 Statutes, is amended to read:
32 125.022 Development permits and orders.-
33 (2)~ When reviewing an application for a development
34 permit or development order that is certified by a professional
35 listed ins. 403.0877, a county may not request additional
36 information from the applicant more than three times, unless the
37 applicant waives the limitation in writing.
38 (b) If a county makes a request for additional information
39 and the applicant submits the required additional information
40 within 30 days of receiving the request, the county must review
41 the application for completeness and issue a letter indicating
42 that all required information has been submitted or specify with
43 particularity any areas that are deficient within 30 days of
44 receiving the additional information.
45 (c) If a county makes a second request for additional
46 information and the applicant submits the required additional
47 information within 30 days of receiving the request , the county
48 must review the application for completeness and issue a letter
49 indicating that all required information has been submitted or
50 specify with particularity any areas that are deficient within

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51 10 days of receiving the additional information.
52 J.s!l Before a third request for additional information, the
53 applicant must be offered a meeting to attempt to resolve
54 outstanding issues. If a county makes a third request for
55 additional information and the applicant submits the required
56 additional information within 30 days of receiving the request,
57 it must deem the application complete within 10 days or proceed
58 to process the application for approval or denial unless the
59 applicant waived the county's limitation in writing described in
60 paragraph (a).
61 J..§1 Except as provided in subsection (5), if the applicant
62 believes the request for additional information is not
63 authorized by ordinance, rule, statute, or other legal
64 authority, the county, at the applicant's request, shall proceed
65 to process the application for approval or denial.
66 Section 2. Paragraph (b) of subsection (4) of section
67 125.56, Florida Statutes, is amended, and a new paragraph (f) is
68 added to that subsection to read:
69 125.56 Enforcement and amendment of the Florida Building
70 Code and the Florida Fire Prevention Code; inspection fees;
71 inspectors; etc.-
72 ( 4)

73 (b) A county that issues building permits shall post each
74 type of building permit application, including a list of all
75 required attachments, drawings, or other requirements for each

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76 type of application, on its website. A county must post and
77 update the status of every received application on its website
78 until the issuance of the building permit. Completed
79 applications, including payments, attachments, drawings, or
80 other requirements or parts of the completed permit application,
81 must be able to be submitted electronically to the county
82 building department. Accepted methods of electronic submission
83 include, but are not limited to, e-mail submission of
84 applications in Portable Document Format or submission of
85 applications through an electronic fill-in form available on the
86 building department's website or through a third-party
87 submission management software. Completed applications,
88 including payments, attachments, er drawings, or other
89 requirements or parts requi:red as part of the completed permit
90 applicationL may also be submitted in person in a nonelectronic
91 format, at the discretion of the building official.
92 (f) A county that issues building permits must post its
93 procedures for processing, reviewing, and approving submitted
94 building permit applications on its website.
95 Section 3. Subsection (2) of section 166.033, Florida
96 Statutes, is amended to read:
97 166.033 Development permits and orders.-
98 (2)~ When reviewing an application for a development
99 permit or development order that is certified by a professional
100 listed ins. 403.0877, a municipality may not request additional

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101 information from the applicant more than three times, unless the
102 applicant waives the limitation in writing.
103 (b) If a municipality makes a request for additional
104 information and the applicant submits the required additional
105 information within 30 days of receiving the request, the
106 municipality must review the application for completeness and
107 issue a letter indicating that all required information was
108 submitted or specify with particularity any areas that are
109 deficient within 30 days of receiving the additional
110 information.
111 (c) If a municipality makes a second request for additional
112 information and the applicant submits the required additional
113 information within 30 days of receiving the request, the
114 municipality must review the application for completeness and
115 issue a letter indicating that all required information was
116 submitted or specify with particularity any areas that are
117 deficient within 10 days of receiving the additional
118 information.
119 ls!l Before a third request for additional information, the
120 applicant must be offered a meeting to attempt to resolve
121 outstanding issues. If a municipality makes a third request for
122 additional information and the applicant submits the required
123 additional information within 30 days of receiving the request,
124 it must deem the application complete within 10 days or proceed
125 to process the application for approval or denial unless the

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126 applicant waived the municipality's limitation in writing
127 described in paragraph (a} .
128 ~ Except as provided in subsection (5), if the applicant
129 believes the request for additional information is not
130 authorized by ordinance, rule, statute, or other legal
131 authority, the municipality, at the applicant's request, shall
132 proceed to process the application for approval or denial.
133 Section 4. Paragraph (b) of subsection (1) and subsection
134 (14) are amended, new paragraph (d) is added to that subsection
135 (1), to read:
136 553.79 Permits; applications; issuance; inspections.-
137 (1)

138 (b) A local enforcement agency shall post each type of
139 building permit application, including a list of all required
140 attachments, drawings, or any other requirement for each type of
141 application, on its website. A local enforcement agency must
142 post the current status of every received application on its
143 website until the issuance of the building permit. Completed
144 applications, including payments, attachments, drawings, or any
145 other requirements or parts of the completed permit application,
146 must be able to be submitted electronically to the appropriate
147 building department. Accepted methods of electronic submission
148 include, but are not limited to, e-mail submission of
149 applications in Portable Document Format or submission of
150 applications through an electronic fill-in form available on the

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151 building department's website or through a third-party
152 submission management software. Completed applications,
153 including payments, attachments, er drawings, or any other
154 requir e ments or parts requi red as part of the completed permit
155 applicationL may also be submitted in person in a nonelectronic
156 format, at the discretion of the building official.
157 (d) A local enforcement agency must post its procedures
158 for processing, reviewing, and approving submitted building
159 permit applications on its website.
160 (14) A building permit for a single-family residential
161 dwelling must be issued within 30 business ',rnrking days of
162 receiving the application therefor unless unusual circumstances
163 require a longer time for processing the application or unless
164 the permit application fails to satisfy the Florida Building
165 Code or the enforcing agency's laws or ordinances.
166 (a) If a local enforcing agency fails to issue a building
167 permit for a single-family residential dwelling within 30
168 business days of receiving the application, it must reduce the
169 building permit fee by 10 percent for each business day that the
170 enforcing agency fails to meet the deadline. Each 10 percent
171 reduction shall be based on the original amount of the building
172 permit fee.
173 (b) A local enforcing agency does not have to reduce such
174 fee, if the enforcing agency provides written notice to the
175 applicant, by e-mail or United States Postal Service, within 30

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17 6 business days of receiving the application, that specifically
177 states why the application fails to satisfy the Florida Building
178 Code, or the enforcing agency's laws or ordinances.
179 (c) The applicant has 10 business days to address the
180 reasons specified by the local enforcing agency and submit
181 revisions to correct the application. If the permit applicant
182 submits revisions within 10 business days of receiving the
183 notice, the local enforcing agency has 10 business days to
184 approve or deny the permit unless the applicant agrees to a
185 longer period in writing. If the local enforcing agency fails to
186 issue or deny the building permit within 10 business days of
187 receiving the revisions, it must reduce the permit fee by 20
188 percent for the first day that the enforcing agency fails to
189 meet the deadline unless the applicant agrees to a longer period
190 in writing. For each additional business day after the first day
191 that the enforcing agency fails to meet the deadline, the permit
192 fee must be reduced by an additional 10 percent for each
193 business day that the enforcing agency fails to meet the
194 deadline, for up to 5 business days. Each reduction shall be
195 based on the original amount of the building permit fee.
196 (d) If any permit fees are refunded under this subsection,
197 the surcharges provided for ins. 553.721 ors. 468.631 must be
198 recalculated based on the amount of the permit fees after the
199 refund.
200 Section 5. Section 553.792, Florida Statutes, is amended

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201 to read:
202 553.792 Building permit application to local government.-
203 (l)J.tl Within 10 days of an applicant submitting an
204 application to the local government, the local government shall
205 advise the applicant what information, if any, is needed to deem
206 the application properly completed in compliance with the filing
207 requirements published by the local government. If the local
208 government does not provide written notice that the applicant
209 has not submitted the properly completed application, the
210 application shall be automatically deemed properly completed and
211 accepted. Within 45 days after receiving a completed
212 application, a local government must notify an applicant if
213 additional information is required for the local government to
214 determine the sufficiency of the application, and shall specify
215 the additional information that is required. The applicant must
216 submit the additional information to the local government or
217 request that the local government act without the additional
218 information. While the applicant responds to the request for
219 additional information, the 120-day period described in this
220 subsection is tolled. Both parties may agree to a reasonable
221 request for an extension of time, particularly in the event of a
222 force majeure major or other extraordinary circumstance. The
223 local government must approve, approve with conditions, or deny
224 the application within 120 days following receipt of a completed
225 application.

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226 (b) If a local government does not meet a deadline
227 provided for in paragraph (a), it must reduce the building
228 permit fee by 10 percent for each business day that the
229 enforcing agency fails to meet the deadline. Each 10 percent
230 reduction shall be based on the original amount of the building
231 permit fee , unless the parties agree to an extension of time.
232 (2)___@J_ The procedures set forth in subsection (1) apply to
233 the following building permit applications: accessory structure;
234 alarm permit; nonresidential buildings less than 25,000 square
235 feet; electric; irrigation permit; landscaping; mechanical;
236 plumbing; residential units other than a single family unit;
237 multifamily residential not exceeding 50 units; roofing; signs;
238 site-plan approvals and subdivision plats not requiring public
239 hearings or public notice; and lot grading and site alteration
240 associated with the permit application set forth in this
241 subsection. The procedures set forth in subsection (1) do not
242 apply to permits for any wireless communications facilities or
243 when a law, agency rule, or local ordinance specify different
244 timeframes for review of local building permit applications.
245 (b) If a local government has different tirnefrarnes than
246 the procedures set forth in subsection (1) for reviewing
247 building permit applications described in paragraph (a), the
248 local government must meet the deadlines established by local
249 ordinance. If a local government does not meet an established
250 deadline to approve, approve with conditions, or deny an

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251 application, it must reduce the building permit fee by 10
252 percent for each business day the enforcing agency fails to meet
253 the deadline. Each 10 percent reduction shall be based on the
254 original amount of the building permit fee, unless the parties
255 agree to an extension of time. This paragraph does not apply to
256 permits for any wireless communications facilities.
257 (3) If any permit fees are refunded under this section,
258 the surcharges provided for ins. 553.721 ors. 468.631 must be
259 recalculated based on the amount of the permit fees after the
260 refund.
261 Section 6. Paragraph (c) of subsection (5) of section
262 553.794, Florida Statutes, is amended to read:
263 553.794 Local government residential master building
264 permit program.-
265 (5) MASTER BUILDING PERMIT APPLICATION APPROVAL PROCESS.-
266 (c) The local building department must approve or deny a
2 67 master building permit application within 120 days after the
268 local building department receives a completed application,
269 unless the applicant agrees to a longer period. If a local
270 building department fails to approve or deny a master building
271 permit application within 120 days of receiving the completed
272 application, it must reduce the building permit fee by 10
273 percent for each business day the enforcing agency fails to meet
274 the deadline, unless the applicant agrees to a longer time
275 period. Each 10 percent reduction shall be based on the original

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276 amount of the building permit fee. If any permit fees are
277 refunded, the surcharges provided for ins. 553.721 ors.
278 468.631 must be recalculated based on the amount of the permit
279 fees after the refund.
280 Section 7. Present subsections (6) through (7) of section
281 713.135, Florida Statutes, are redesignated as subsections (7)
282 through (8), respectively, new subsection (6) is added to that
283 section, to read:
284 713.135 Notice of commencement and applicability of liert.-
285 (6) An authority that issues building permits may not
286 require an applicant to provide a direct contract or a contract
287 between a contractor and any other lienor as a condition of the
288 application for, or processing or issuance of, a building permit
289 for the construction of improvements or for the alteration or
290 repair of improvements on or to commercial property. This
291 subsection does not apply to the construction of improvements or
292 the alteration or repair of improvements owned or leased by the
293 federal government, the state or any county, city, or political
294 subdivision thereof, or other public authority.
295 Section 8. This act shall take effect October 1, 2021.

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