Florida House Regulatory Reform Subcommittee meeting packet, March 24, 2021
Summary
The meeting packet for the Florida House of Representatives Regulatory Reform Subcommittee of the Commerce Committee, meeting Wednesday, March 24, 2021 from 3:45 PM to 6:45 PM in Webster Hall, under Speaker Chris Sprowls and Chair Bob Rommel. The agenda lists CS/HB 697 on injured police canines, CS/HB 867 by Rep. Shoaf on community associations, HB 979 concerning the Village of Wellington in Palm Beach County and HB 1517 by Rep. Duggan on the Department of Business and Professional Regulation, among others. The packet carries the bills and staff analyses.
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Full text
Regulatory Reform Subcommittee
Wednesday, March 24, 2021
3:45 PM - 6:45 PM
Webster Hall (212 Knott)
Meeting Packet
Chris Sprowls Bob Rommel
Speaker Chair
The Florida House of Representatives
Commerce Committee
Regulatory Reform Subcommittee
Chris Sprowls Bob Rommel
Speaker Chair
AGENDA
Wednesday, March 24, 2021
3:45 PM - 6:45 PM
Webster Hall (212 Knott)
I. Call to Order & Roll Call
II. Welcoming Remarks
III. Consideration of the following bills(s):
CS/HB 697 by Professions & Public Health Subcommittee, Rep. Killebrew
Injured Police Canines
CS/HB 867 by Civil Justice & Property Rights Subcommittee, Rep. Shoaf
Community Associations
HB 979 by Rep. Willhite
Village of Wellington, Palm Beach County
HB 1517 by Rep. Duggan
Department of Business and Professional Regulation
HB 1577 by Rep. McClain
Building Construction Standards
HB 7003 by Government Operations Subcommittee, Rep. Rizo
OGSR/State Boxing Commission
HB 7007 by Government Operations Subcommittee, Rep. Chambliss
OGSR/Department of Agriculture and Consumer Services
303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4870 Fax: (850) 410-0096
Page2
IV. Consideration of the following proposed committee substitute(s):
PCS for HB 491 -- Florida Real Estate Appraisal Board
PCS for HB 987 -- Age Restrictions on Tobacco and Nicotine Products
PCS for HB 1431 -- Specialty Contracting Services
V. Adjournment
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Regulatory Reform Subcommittee
Start Date and Time: Wednesday, March 24, 2021 03:45 pm
End Date and Time: Wednesday, March 24, 2021 06:45 pm
Location: Webster Hall (212 Knott)
Duration: 3.00 hrs
Consideration of the following bill(s):
CS/HB 697 Injured Police Canines by Professions & Public Health Subcommittee, Killebrew
CS/HB 867 Community Associations by Civil Justice & Property Rights Subcommittee, Shoaf
HB 979 Village of Wellington, Palm Beach County by Willhite
HB 1517 Department of Business and Professional Regulation by Duggan
HB 1577 Building Construction Standards by McClain
HB 7003 OGSR/State Boxing Commission by Government Operations Subcommittee, Rizo
HB 7007 OGSR/Department of Agriculture and Consumer Services by Government Operations Subcommittee,
Chambliss
Consideration of the following proposed committee substitute(s):
PCS for HB 491 -- Florida Real Estate Appraisal Board
PCS for HB 987 -- Age Restrictions on Tobacco and Nicotine Products
PCS for HB 1431 -- Specialty Contracting Services
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#: CS/HB 697 Injured Police Canines
SPONSOR(S): Professions & Public Health Subcommittee, Killebrew
TIED BILLS: IDEN./SIM. BILLS: SB 388
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Professions & Public Health Subcommittee 17Y,ON,AsCS Guzzo McElroy
2) Regulatory Reform Subcommittee Thompson
3) Health & Human Services Committee
SUMMARY ANALYSIS
Emergency medical transport services, also known as ambulance services, involve urgent pre-hospital
treatment to an injured person by paramedics and emergency medical technicians (EMTs) during transport to a
hospital or similar facility. Florida law does not currently address whether an animal may be provided
emergency medical transport services; however, paramedics and EMTs are not authorized to provide
emergency medical care to animals under their respective licenses.
A veterinarian is a licensed health care practitioner who engages in the maintenance of health and treatment of
injury and disease of animals, especially domestic animals. With limited exceptions, only licensed veterinarians
may provide care to animals. The Department of Business and Professional Regulation (DBPR) may issue a
notice to cease and desist to any person it has probable cause to believe is practicing, or attempting to
practice, veterinary medicine without a license. DBPR may also impose an administrative penalty not to
exceed $5,000 per incident or may issue a citation.
Specially-trained dogs are used by various agencies and departments throughout the state in their K-9 units.
These departments employ dogs to assist with tracking and apprehending offenders, narcotics and bomb
detection, and building and article searches. Police canines are used in conjunction with high-intensity, criminal
situations and are often deployed by their handlers to chase fleeing felons. As a result, the dogs are often
caught in the line of fire while on the job.
HB 697 expressly authorizes an emergency service transport vehicle permit holder to transport a police canine
injured in the line of duty to a veterinary clinic or similar facility if no person requires medical attention or
transport. The bill authorizes paramedics and EMTs to provide emergency medical care to an injured police
canine at the scene of an emergency or while the canine is being transported.
The bill provides civil and criminal immunity for EMTs and paramedics providing emergency care to an injured
police canine and exempts them from the application of the veterinary practice act for providing medical care to
a police canine injured in the line of duty.
The bill has no fiscal impact on state or local government.
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: h0697b.RRS.D0CX
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Emergency Medical Transport Services
Prehospital life support transport services fall into two general categories - basic life support services
(BLS) and advanced life support services (ALS).
BLS services include the assessment or treatment by a person qualified under part Ill of ch. 401, F.S.,
through the use of techniques described in the EMT-Basic National Standard Curriculum or the
National Emergency Medical Services (EMS) Education Standards of the U.S. Department of
Transportation. 1 The term includes the administration of oxygen and other techniques that have been
approved and are performed under specific conditions. 2 BLS services are usually performed by EMTs. 3
ALS services include patient assessment or treatment including the implementation of advanced
medical skills such as endotracheal intubation, the administration of drugs or intravenous fluids,
telemetry, cardiac monitoring, cardiac defibrillation, and other techniques described in the EMT-
Paramedic National Standard Curriculum or the National EMS Education Standards.4 ALS services can
be performed on site and are usually provided by physicians or paramedics. 5
To obtain a transport vehicle permit to provide BLS or ALS services, an applicant must provide to the
Department of Health the following:
• An application and required fees; and
• Documentation that the vehicle qualifies as follows:
o Is furnished with essential medical supplies and equipment which is in good working
order;
o Meets appropriate standards for design and construction;
o Is equipped with an appropriate communication system;
o Meets appropriate safety standards;
o Meets sanitation and maintenance standards;
o Is insured for a minimum of $100,000/$300,000 against injuries to or the death of any
person arising out of an accident; and
o Has been awarded a Certificate of Public Convenience and Necessity (COPCN). 6
Emergency Medical Technicians and Paramedics
An emergency medical technician (EMT) must be certified by the Department of Health (DOH) to
perform basic life support. 7 A paramedic must also be certified by DOH, but in addition to basic life
support, a certified paramedic may also perform advanced life support. 8 Applicants for certification as
1 United States Department of Transportation, National Highway Traffic Safety Administration, National Emergency Medical Services
Education Standards , (January 2009), available at https://www.ems.gov/pdf/National-EMS-Education-Standards-FINAL-Jan-2009.pdf
(last visited March 11, 2021). ·
2 Sections 401.23(7) and (8), F.S.
3
Ryynanen, et. al, Is advanced life support better than basic life support in prehospital care? A systematic review, Scand J Trauma
Resusc. Emerg. Med. 2010; 18: 62, (November 23, 2010), available at http://www.nobi.nlm.nih.gov/pmc/articles/PMC3001418/ (last
visited March 11, 2021).
4 Sections 401.23(1) and (2), F.S.
5
Ryynanen, et. al, supra note 18.
6
Section 401.26(2), F.S., and Fla. Admin. Code R. 64J-1.002 and 64J-1.003 (2019).
7 Section401.23(11), F.S.
8 Section 401.23(17), F .S.
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DATE: 3/18/2021
an EMT or paramedic are required to complete a training program approved by DOH, which must be
equivalent to the most recent EMT-Basic National Standard Curriculum or the National EMS Education
Standards of the United States Department of Transportation. 9 They are also required to:
• Certify under oath that he or she is not addicted to alcohol or any controlled substance;
• Certify under oath that he or she is free from any physical or mental defect or disease that might
impair the applicant's ability to perform his or her duties; and
• Pass an exam within 2 years after completion of a training program. 10
An EMT is required to hold a current American Heart Association cardiopulmonary resuscitation course
card or an American Red Cross cardiopulmonary resuscitation course card or its equivalent as defined
by department rule. Paramedics must hold a certificate of successful course completion in advanced
cardiac life support from the American Heart Association or its equivalent.
Current law does not authorize an EMT or a paramedic to provide emergency medical services to
animals, including canines.
Veterinary Medical Care and Treatment for Canines
The practice of veterinary medicine is licensed and regulated by the Department of Business and
Professional Regulation (DBPR), Board of Veterinary Medicine. 11 A veterinarian is a licensed health
care practitioner who engages in the practice of veterinary medicine which the Legislature has
determined can be potentially dangerous to the public health and safety if conducted by incompetent
and unlicensed practitioners. 12 The practice of veterinary medicine consists of: 13
• The diagnosis of medical conditions of animals;
• Prescribing, dispensing, or administering drugs, medicine, appliances, and applications for
animals;
• The treatment of animals for the prevention, cure, or relief of a wound, fracture, bodily injury, or
disease;
• The performance of any manual procedure for the diagnosis of or treatment for pregnancy or
fertility or infertility of animals; and
• The determination of the health, fitness, or soundness of an animal.
Veterinary medicine includes: 14
• Surgery;
• Acupuncture;
• Obstetrics;
• Dentistry;
• Physical therapy;
• Radiology;
• Theriogenology; and
• Any other veterinary medicine specialty.
9 Section 401.27(4)(a), F.S.
10 Section 401.27(4)(b)(c) and (d), F.S.
11 Chapter 474, F.S.; and sees. 20.165, F.S .
12 Ss. 474.201 and 407.202(11), F.S.
13 S. 474.202(9), F.S.
14 S. 474.202(13), F.S.
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DATE: 3/18/2021
Section 474.202, F.S., defines an animal as a wild or domestic, dead or alive, bird, amphibian, fish,
reptile, or mammal, other than a human being. A dog, or canine, is a mammal. 15 It is the responsibility
of every veterinarian licensed and practicing in Florida to provide, either personally or through another
licensed veterinarian, 24-hour emergency services for all animals under his or her continuing care. 16
DBPR may issue a notice to cease and desist to any person it has probable cause to believe is
practicing, or attempting to practice, veterinary medicine without a license, or aiding and abetting a
person to practice veterinary medicine without a license. If the person fails to comply with the notice,
DBPR may file a proceeding seeking an injunction or a writ of mandamus. Additionally, DBPR may
impose an administrative penalty not to exceed $5,000 per incident or may issue a citation.17
Section 474.203, F.S., provides exemptions from veterinary licensure for certain individuals and
entities, including: 18
• Any faculty member who is a graduate of a school or college of veterinary medicine and is
practicing only in conjunction with teaching duties at a school or college of veterinary medicine
located in this state and accredited by the American Veterinary Medical Association Council on
Education;
• A person practicing as an intern or resident veterinarian who is a graduate of a school or college
of veterinary medicine;
• A student in a school or college of veterinary medicine while in the performance of duties
assigned by her or his instructor or when working as a preceptor under the immediate
supervision of a licensee, if such preceptorship is required for graduation from an accredited
school or college of veterinary medicine;
• Any doctor of veterinary medicine in the employ of a state agency or the United States
Government while actually engaged in the performance of her or his official duties, however,
this exemption does not apply to such person when the person is not engaged in carrying out
her or his official duties or is not working at the installations for which her or his services were
engaged;
• Any person, or the person's regular employee, administering to the ills or injuries of her or his
own animals, including, but not limited to, castration, spaying, and dehorning of herd animals;
• A person hired on a part-time or temporary basis, or as an independent contractor, by an owner
to assist with herd management and animal husbandry tasks for herd and flock animals,
including castration, dehorning, parasite control, and debeaking, or a person hired on a part-
time or temporary basis, or as an independent contractor, by an owner to provide farriery and
manual hand floating of teeth on equines;
• State 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, which or who
conduct experiments and scientific research on animals in the development of pharmaceuticals,
biologicals, serums, or methods of treatment, or techniques for the diagnosis or treatment of
human ailments, or when engaged in the study and development of methods and techniques
directly or indirectly applicable to the problems of the practice of veterinary medicine;
• Any veterinary aide, nurse, laboratory technician, preceptor, or other employee of a licensed
veterinarian who administers medication or who renders auxiliary or supporting assistance
under the responsible supervision of a licensed veterinarian, including those tasks identified by
rule of the board requiring immediate supervision;
• A veterinarian, licensed by and actively practicing veterinary medicine in another state, who is
board certified in a specialty recognized by the board and who responds to a request of a
15
Merriam-Webster On-line Dictionary, Dog or Canine is a highly variable domestic mammal (Canis familiaris) closely related to the
gray wolf, available at https://www.merriam-webster.com/dictionary/dog (last visited March 11, 2021).
16 Fla. Admin. Code R. 61G18-19.001 (2019).
17 S. 455.228, F.S.
1a Section 474.203, F.S.
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DATE: 3/18/2021
veterinarian licensed in this state to assist with the treatment on a specific case of a specific
animal or with the treatment on a specific case of the animals of a single owner, as long as the
veterinarian licensed in this state requests the other veterinarian's presence; and
• An employee, an agent, or a contractor of a public or private animal shelter, humane
organization, or animal control agency operated by a humane organization or by a county, a
municipality, or another incorporated political subdivision whose work is confined solely to the
implantation of a radio frequency identification device microchip for dogs and cats.
Special K-9 Units
Specially-trained dogs are used by various agencies and departments throughout the state in their K-9
units. These departments employ dogs to assist with tracking and apprehending offenders, narcotics
and bomb detection,19 and building and article searches. 20 Additionally, some fire departments use
dogs as part of arson detection programs. 21 Various non-profit organizations also use dogs for the
purpose of search and rescue, such as the Community Emergency Response Team, which provides
support to the federal Emergency Management Agency. 22
Police Canines
Section 843.19, F.S., defines the term "police canine" for law enforcement purposes as any canine that
is owned, or the service of which is employed, by a law enforcement agency or a correctional agency
for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or
apprehension of offenders.
Police dogs are frequently used in conjunction with high-intensity, criminal situations and are often
deployed by their handlers to chase fleeing felons. As a result, the dogs can be caught in the line of fire
while on the job. In September 2018, 3-year-old Fang, a member of Jacksonville Sheriff's Office canine
unit, was shot and killed by a teenager who was fleeing a scene after carjacking two women at a gas
station minutes earlier. 23 Similarly, in December 2018, 3-year-old Cigo with the Palm Beach County
Sheriff's Office was shot and killed by an attempted murder suspect outside of a shopping mall. 24 In
2020, 48 police canines were killed in the line of duty in Florida. 25 In 2019, the Legislature, recognizing
the ongoing danger to and violence against police canines, increased the penalty for causing harm to
or using a deadly weapon against a police canine from a third degree felony to a second degree
felony. 26 · 27
19 City of Orlando, K-9 Unit, available at http://www,cityoforlando.neUpolice/k-9-uniV (last visited March 11, 2021).
20 St. Petersburg Police Department, K-9 Unit, available at http://police.stpete.org/k-9 (last visited March 11, 2021 ).
21 City of Orlando, Accelerant Detection Canines, available at http://www.ci tyoforlando.net/fire/accelerant-detection-canines/ (last visited
March 11, 2021).
22 Boondocks K9 SAR-CERT Unit, Community Emergency Response Team (CERT), available at https://www.boondocksk9.org/ (last
visited March 11, 2021).
23
Tarik Mino and Colette DuChanois, Audio, video evidence released in case of teen held in K-9's death, NEws4JAX (November 12,
2018), available at https://www.news4 jax.com/news/2018/11 /13/audio-video-evidence-released-in-case-of-teen-held-in-k-9s-death/ (last
visited March 11, 2021).
24 Mark Osborne and Jason M. Volack, Suspect kills police dog in shootout outside mall on Christmas Eve, police say, ABC NEWS
(December 25, 2018), available at https://abcnews.go.com/US/suspect-kifls-police-dog-shootout-mall-christmas-eve/story?id=60007552
(last visited March 11 , 2021 ).
25 Officer Down Memorial Page, Florida Line of Duty Deaths, available at https://www.odmp.org/search/browse/florida (last visited
March 11 , 2021).
26 Chapter 2019-9, Laws of Fla. (2019).
27 A third degree felony is punishable by up to five years imprisonment and up to a $5,000 fine. Sections 775.082, 775.083, and
775.084, F.S. A second degree felony is punishable by up to 15 years imprisonment and up to a $10,000 fine. Sections 775.082 and
775.083, F.S.
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DATE: 3/18/2021
Effect of the Bill
The bill creates s. 401.254, F.S., to authorize an emergency service transport vehicle permit holder to
transport a police canine injured in the line of duty to a veterinary clinic or similar facility if no person
requires medical attention or transport when the canine needs it.
The bill defines the term "police canine" as any canine that is owned, or the service of which is
employed, by a state or local law enforcement agency, a correctional agency, a fire department, a
special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection of
criminal activity, flammable materials, or missing persons; enforcement of laws; investigation of fires; or
apprehension of offenders.
The bill authorizes EMTs and paramedics to provide emergency medical care to an injured police
canine at the scene of the emergency or while being transported. The bill provides civil and criminal
immunity for EMTs and paramedics who act in good faith to provide emergency care to an injured
police canine and exempts them from the application of the veterinary practice act for providing medical
care to a police canine injured in the line of duty.
The bill provides an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1: Creates s. 401 .254, F.S., related to treatment of injured police canines.
Section 2: Amends s. 474.203, F.S., related to exemptions.
Section 3: 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:
None.
D. FISCAL COMMENTS:
None.
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DATE: 3/18/2021
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.
8. RULE-MAKING AUTHORITY:
No additional rule-making authority is needed to implement the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 16, 2021, the Professions and Public Health Subcommittee adopted an amendment and
reported the bill favorably as a committee substitute. The amendment removes the authority for an
emergency service transport vehicle permit holder to transport an injured police canine to a hospital
emergency department and the related authority for a paramedic or an emergency medical technician to
provide emergency medical care during such transport.
The analysis is drafted to the committee substitute as passed by the Professions and Public Health
Subcommittee.
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DATE: 3/18/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 697 2021
1 A bill to be entitled
2 An act relating to injured police canines; creating s.
3 401.254, F.S.; defining the term "police canine";
4 authorizing licensed life support services to
5 transport injured police canines under certain
6 circumstances; authorizing a paramedic or an emergency
7 medical technician to provide emergency medical care
8 to injured police canines under certain circumstances;
9 providing for immunity from criminal and civil
10 liability under certain circumstances; amending s.
11 474.203, F.S.; providing applicability; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 401.254, Florida Statutes, is created
17 to read:
18 401.254 Treatment of injured police canines.-
19 (1) As us ed in this section, t he term "pol ice canine "
20 means any canine that is owned, or the service of which is
21 employed, by a state or local law enforcement agency, a
22 correctional agency , a fire d epartment, a special fir e di stri c t,
23 or the State Fire Marsha l for the principal purpo se of ai ding i n
24 t he detection of cr imina l activity, flamma ble ma terials, or
25 missing persons; the enforcement of laws; the investigation of
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0697-01-c1
FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 697 2021
26 fires; or the apprehension of offenders.
27 (2) A licensee with a valid permit for the transport
28 vehicle may transport a police canine injured in the line of
29 duty to a veterinary clinic or similar facility if there is no
30 individual requiring medical attention or transport at that
31 time.
32 (3) Notwithstanding s. 474.213, a paramedic or an
33 emergency medical technician may provide emergency medical care
34 to a police canine injured in the line of duty while at the
35 scene of the emergency or while the police canine is being
36 transported to a v e terinary clinic o r similar facility. A
37 paramedic or an emergency medical technician who acts in good
38 faith to provide emergency medical care to an injured police
39 canine is immune from criminal or civil liability.
40 Section 2 . Subsection (10) is added to section 474 . 203,
41 Florida Statutes, to read:
42 474.203 Exemptions.-This chapter does not apply to:
43 (10) A paramedic or an emergency medical technician
44 providing emergency medica l care to a police canine i njured in
45 the line of duty as authorized under s. 401.254.
46
47 For the purposes of chapters 465 and 893, persons exempt
48 pursuant to subs ect ion (1), subsection (2), or subsect ion (4)
49 are de e me d to be duly licensed practitioners a uthoriz ed by the
50 laws of this state to prescribe drugs or medicinal supplies.
Page 2 of 3
CODING: Words strioken are deletions; words underlined are additions.
hb0697-01-c1
FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 697 2021
51 Section 3. This act shall take effect July 1, 2021.
Page 3 of 3
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 867 Community Associations
SPONSOR{S): Civil Justice & Property Rights Subcommittee, Shoaf
TIED BILLS: IDEN./SIM. BILLS: CS/SB 630
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice & Property Rights Subcommittee 16Y, 1 N,AsCS Mawn Jones
2) Regulatory Reform Subcommittee Brackett Anstead
3) Judiciary Committee
SUMMARY ANALYSIS
The Department of Business and Professional Regulation ("DBPR") broadly regulates condominium ("condo")
and cooperative ("co-op") associations and has limited regulatory authority over homeowner's associations
("HOA"). A condo is a form of real property ownership created under ch. 718, F.S., composed of units which
may be owned by one or more persons along with an undivided right of access to common elements. A co-op
is a form of property ownership created under ch. 719, F.S., where the real property is owned by the co-op
association and individual units are leased to the residents who own shares in the association. An HOA is a
residential property owners association created under ch. 720, F.S., in which voting membership is made up of
parcel owners, membership is a mandatory condition of parcel ownership, and which may impose
assessments that, if unpaid, may become a lien on the parcel.
CS/HB 867:
• Requires condo associations to maintain bids for work for one year, instead of seven.
• Prohibits a condo or co-op association from requiring unit owners to state a reason for wanting to
inspect official records and modifies the HOA records inaccessible to HOA members.
• Provides that condo board member term limits apply to service starting July 1, 2018.
• Prohibits condo unit owners' insurance policies from providing a right of subrogation in certain
circumstances.
• Modifies notice of meeting and notice of board election requirements for condo associations.
• Allows condos and HOAs to post certain documents on applications accessible on mobile devices.
• Modifies a co-op association's quorum requirements to allow a quorum to be achieved by members
appearing by video teleconference or other real-time electronic means.
• Increases the transfer fee that condos may charge a buyer or renter from $100 to $150.
• Authorizes mediation of specified condo and co-op disputes in lieu of arbitration with DBPR.
• Allows a condo unit owner to install a natural gas fuel station subject to statutory limitations.
• Modifies an association's emergency powers.
• Clarifies that a multi-condo association may adopt a consolidated declaration of condo under specified
circumstances and that such adoption does not merge the condos.
• Allows the condo Ombudsman to maintain a principal office outside of Leon County, Florida.
• Specifies that an interest in a co-op association is an interest in real property.
• Provides that HOA amendments affecting a parcel's rent or lease only apply to certain owners.
• Allows election and recall disputes to be filed in court in lieu of arbitration with DBPR.
• Allows most condominium and cooperative disputes to go through pre-suit mediation.
• Specifies that a developer is not an HOA member for certain transition of HOA control purposes.
• Modifies the allowable uses for specified condo unit sale or reservation deposits.
• Authorizes associations to extinguish discriminatory restrictions in a specified manner.
The bill does not appear to have a fiscal impact on local government, but the bill may have a fiscal impact on
state government. 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: h0867b.RRS.D0CX
DATE: 3/22/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Community Associations
The Florida Division of Condominiums, Timeshares and Mobile Homes ("Division"}, within the
Department of Business and Professional Regulation ("DBPR"), provides consumer protection for
Florida residents living in regulated communities through education, complaint resolution, alternative
dispute resolution, and developer disclosure. The Division has regulatory authority over:
• Condominium associations;
• Cooperative associations;
• Florida mobile home parks and related associations;
• Vacation units and timeshares;
• Yacht and ship brokers and related business entities; and
• Homeowners' associations (limited to the arbitration of election and recall disputes).
Condominiums
A condominium is a form of real property ownership created under ch. 718, F.S. Persons own
condominium units along with an undivided right of access to the condominium's common elements. 1 A
condominium is created by recording a declaration of condominium, which governs the relationship
between condominium unit owners and the condominium association, in the public records of the
county where the condominium is located. 2 All unit owners are members of the condominium
association, and the association is responsible for common elements operation and maintenance. 3 The
condominium association is overseen by an elected board of directors, commonly referred to as a
"board of administration," which is responsible for the association's administration. 4
Cooperatives
A cooperative is a form of property ownership created under ch. 719, F.S., in which the real property is
owned by the cooperative association and individual units are leased to the residents, who own shares
in the association. 5 The lease payment amount is the pro-rata share of the cooperative's operational
expenses. Cooperatives operate similarly to condominiums and the laws regulating cooperatives are
largely identical to those regulating condominiums.
Homeowners' Associations
A homeowners' association ("HOA") is an association of residential property owners in which voting
membership is made up of parcel owners, membership is a mandatory condition of parcel ownership,
and which is authorized to impose assessments that, if unpaid, may become a lien on the parcel. 6 Like
a condominium or cooperative, an HOA is administered by an elected board of directors, and an HOA's
powers and duties include those powers and duties provided by law and in the governing documents.7
Florida law sets procedures and minimum requirements for HOA operation and provides for a
mandatory binding arbitration program, administered by the Division, for certain election and recall
disputes, but no state agency directly regulates HOAs. 8
1 S. 718.103(11 ), F .S.
2 S. 718.104(2), F.S.
3 S. 718.103(2), F.S.
4 S. 718.103(4), F.S.
5
S. 719.103(2) and (26), F.S.
6
S. 720.301(9), F.S.
7 Ss. 720.301 (8) and 720.303(1), F.S.
8
See, generally, ch. 720, F.S.
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Cooperatives as Personal and Real Property Interest
Background
A cooperative association's real property9 is owned by the cooperative association, not the individual
unit owners. 10 Thus, a person who buys into a cooperative does not receive title to a cooperative unit or
any portion of the cooperative's building or land. Instead, the purchaser receives shares of the
cooperative association and leases a unit from the association.
An ownership interest in a cooperative is an interest in personal property, 11 not real property. 12 At
common law, a leasehold, even for as long as 99 years, was not considered an interest in real
property. 13 However, a long-term leasehold interest is taxed in the same manner as a fee interest, so
courts generally regard long-term leaseholds to be an interest in real property for taxation purposes. 14
A cooperative is treated as real property for some homestead purposes. Even though the legal
definition of homestead follows the common law and requires an interest in real property to qualify for
the homestead exemption, the Florida Constitution specifically extends the exemption to a cooperative
unit. 15 Florida's homestead laws govern the cooperative for purposes of exemption from forced sale by
creditors 16 and for purposes of the ad valorem taxation exemption. However, a cooperative is not
subject to Florida's homestead protections and is not considered real property for purposes of devise
and descent. 17
In contrast, the Condominium Act specifically provides that a condominium parcel created by the
declaration is a separate parcel of real property. 18 Thus, Florida law expressly converts an ownership
interest in a condominium into an interest in real property. Because there is no corresponding
cooperative statute, Florida courts have recognized that there is some confusion in this area and a
need for clarification on whether a cooperative ownership interest is an interest in real property or
personal property. 19
Effect of Proposed Changes
CS/HB 867 specifies that an interest in a cooperative unit is an interest in real property for all purposes,
including devise and descent.
HOA Governing Documents
Background
An HOA's governing documents include the:
• Recorded declaration of covenants for a community and all duly adopted amendments thereto;
• HOA's articles of incorporation and bylaws and any duly adopted amendments thereto; and
9
Real property is anything that is permanent, fixed, and immovable, such as land or a building.
10 S. 719.103(12), F.S.
11 Generally, personal property is any object or right that is not real property, including stocks. Am. Jur. 2d Property§ 18.
12 Downey v. Surf Club Apartments, Inc., 667 So.2d 414 (Fla. 1st DCA 1996).
13 Williams v. Jones, 326 So.2d 425, 433 (Fla. 1975); see generally The Florida Bar, Practice Under Florida Probate Code Chapter 19
(91h ed. 2017).
14 Id.
15 Art. VII, s. 6(a), Fla. Const. ("The real estate may be held by legal or equitable title, by the entireties, jointly, in common, as a
condominium, or indirectly by stock ownership or membership representing the owner's or member's proprietary interest in a
corporation owning a fee or a leasehold initially in excess of ninety-eight years.").
1s Ss. 222.01 and 222.05, F.S.
17
Devise and descent is the transfer or conveyance of property by will or inheritance. Southern Walls, Inc. v. Stilwell Corp., 810 So. 2d
566, 572 (Fla. 2nd DCA 2002); Phillips v. Hirshon, 958 So. 2d 425, 430 (Fla. 3rd DCA 2007); In re Estate of Wartels, 357 So.2d 708
(Fla. 1978); Black's Law Dictionary (11th ed. 2019).
1a S. 718.103(11), F.S.
19
Phillips, 958 So.2d at 425; Levine v. Hirshon, 980 So.2d 1053 (Fla. 2008).
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• Rules and regulations adopted under the authority of the recorded declaration, articles of
incorporation, or bylaws and any duly adopted amendments thereto. 20
The declaration of covenants, much like a constitution, establishes the community's basic covenants
and restrictions .21 The articles of incorporation establish the HOA's existence, basic structure, and
governance. 22 The bylaws govern the HOA's operation and administration, while the rules and
regulations typically supplement the other documents, addressing matters of everyday policy. 23
Unless otherwise provided in the governing documents or required by law, an HOA's governing
documents may be amended by the affirmative vote of two-thirds of the HOA's voting interests. 24 Within
30 days after recording a governing document amendment, the HOA must give its members copies
thereof unless a copy was provided to the members before the vote on the amendment, in which case
the HOA must only provide the members with notice of the amendment's adoption. 25
Effect of Proposed Changes
The bill deletes an HOA's rules and regulations from the definition of "governing documents." This
means that provisions regarding governing document amendment would no longer apply to the rules
and regulations.
Multicondominiums
Background
A multicondominium is a real estate development with two or more condominiums operated by the
same association.26 For each condominium in a multicondominium, the declaration of condominium
must disclose or describe:
• The manner by which the association's assets, liabilities, common surplus, and common
expenses will be apportioned among the units within the various condominiums operated by the
association;
• Whether unit owners in another condominium will or may have the right to use recreational
areas or any other facilities or amenities that are common elements of the condominium and the
specific formula by which the other users will share the common expenses related to those
facilities or amenities;
• Recreational and other commonly used facilities or amenities which the developer has
committed to provide that will be owned, leased, or dedicated by a recorded plat to the
association but which are not included within the association's condominium operation; and
• Unit owner voting rights in the election of directors and in other multicondominium association
affairs when an owner vote is taken. 27
A multicondominium may be formed by the merger or consolidation of two or more existing
condominium associations. 26
Effect of Proposed Changes
The bill changes the definition of "multicondominium" to specify that the multicondominium is real
property, not a real estate development. The bill also clarifies that a multicondominium association may
adopt a consolidated or combined declaration of condominium if the declaration complies with
20 S. 720.301(8), F.S.
21
Joseph Adams, HOA Governing Documents Explained (July 1, 2018), https://www.floridacondohoalawbloq.com/2018/07/01/hoa -
governinq-documents-explained/ (last visited Mar. 8, 2021).
22 /d.
23 Id.
24 S. 720.306(1), F.S.
25 /d.
26
S. 718.103(20), F.S.
27 S. 718.405(1), F.S.
28 S. 718.405(4), F.S.
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applicable law and does not serve to merge the condominiums or change the legal description of the
condominium parcels, unless accomplished in accordance with law.
Quorum Requirements
Background
Under the Condominium Act, a board member's participation in a meeting by telephone, real time
videoconferencing, or similar real-time electronic or video communication counts towards a quorum ,
and such member may vote as if he or she is actually present at the meeting. 29 A speaker must be
used so that the member's conversations can be heard by members and unit owners physically present
at the meeting. 30 However, the Cooperative Act only allows board members appearing by telephone to
count towards a quorum.31 Cooperative association board members appearing by telephone may vote
by telephone. 32
Effect of Proposed Changes
The bill modifies the Cooperative Act's board member quorum requirement to mirror that of the
Condominium Act, so that cooperative association board members may attend board meetings by real-
time videoconferencing or similar real-time electronic or video communication and have their presence
counted towards a quorum .
Association Emergency Powers
Background
Condominium associations, cooperative associations, and HOAs have emergency powers they may
exercise in response to damage caused by an event for which the Governor declares a state of
emergency in the area in which the condominium, cooperative, or community is located. 33 These
powers include:
• Conducting board or membership meetings after notice of the meetings is provided in as
practicable a manner as possible;
• Canceling and rescheduling an association meeting;
• Designating assistant officers who are not directors who have the same authority as the
executive officer if the executive officer is incapacitated or unavailable;
• Relocating the association's principal office or designating an alternative principal office;
• Entering into agreements with counties and municipalities to assist with debris removal;
• Implementing a disaster plan before or immediately after the event for which a state of
emergency is declared, which may include turning on or shutting off elevators; water, sewer, or
security systems; or air conditioners;
• Determining whether association property can be safely inhabited, and determining that any
portion of the property is unavailable for entry or occupancy by unit or parcel owners or their
family members, tenants, guests, agents, or invitees in order to protect their health, safety, or
welfare.
o Any such determination must be based on the advice of emergency management
officials or licensed professionals retained by the board of administration.
• Requiring the evacuation of the property in the event of a mandatory evacuation order in the
area where the condominium, cooperative, or community is located;
• Mitigating further damage, including taking action to contract for the removal of debris and to
prevent or mitigate the spread of fungus by removing and disposing of wet drywall, insulation,
carpet, cabinetry, or other fixtures on or within the property;
• Levy special assessments without an owner vote; and
2 9 S. 718.112(2)(b)5., F.S.
30 Id.
31 S. 719.106(1)(b)5., F.S.
32 /d.
33 Ss. 718.1265(1), 719.128(1), and 720.316(1), F.S.
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• Borrow money and pledge association assets as collateral to fund emergency repairs and carry
out association duties if operating funds are insufficient. 34
Additionally, condominium and cooperative association emergency powers include contracting, on
behalf of unit owners, for items or services for which the owner is otherwise individually responsible but
which are necessary to prevent further association property damage. 35
On March 20, 2020, Governor Desantis issued executive order 20-52 that declared a state of
emergency because of COVID-19. 36 After Governor Desantis issued executive order 20-52, legal
experts questioned whether COVI D-19 constituted "damage" for purposes of granting emergency
powers for community association boards. Some legal experts believed the impact of COVID-19
constituted "damage." However, other legal experts did not believe the impact of COVID-19
automatically constituted "damage." 37
On March 27, 2020, the DBPR Secretary issued an emergency order suspending the requirement that
a board's emergency powers be conditioned on "damage caused by an event" and giving associations
the ability to exercise most of their emergency powers in response to the pandemic. 38
Effect of Proposed Changes
The bill expands an association's emergency powers by:
• Specifying that the association holds emergency powers in response to either damage or injury,
and that such damage or injury may be caused or anticipated in connection with an emergency
for which the Governor declares a state of emergency;
• Defining "emergency" to mean any occurrence, or threat thereof, whether natural, technological,
or manmade, in war or peace, which results or may result in substantial injury or harm to the
population or substantial damage or property loss; and
• Authorizing the association to:
o Conduct elections and board, committee, and membership meetings by telephone, real-
time video teleconferencing, or similar real-time electronic or video communication;
o Implement an emergency plan before, during, or after the event;
o Base determinations about access to or use of the association's common areas or
facilities on the advice of emergency management, public health officials, or licensed
professionals retained by or otherwise available to the board; and
o Mitigate further injury or contagion, which may include sanitizing the association's
common areas or facilities.
However, the bill does not allow an association to prohibit unit or parcel owners or their tenants, guests,
agents, or invitees from accessing association common areas and facilities for the purpose of ingress to
and egress from the unit or parcel when access is necessary in connection with the unit or parcel's:
• Sale, lease, or other title transfer; or
• Habitability or for the health and safety of such persons unless a governmental order or
determination, or a public health directive from the CDC, has been issued prohibiting such
access to the unit or parcel. Any such access is subject to reasonable restrictions adopted by
the association.
34 Id.
35 Ss. 718.1265(1) and 719.128(1), F.S.
36
Fla. Exec. Order 20-52 (Mar. 20, 2020).
37
Ryan Poliakoff, Does HOA have power to restrict access in response to coronavirus emergency? Florida Today March 21, 2020
https:l/www.floridaloday.com/story/money/2020/03/21 /does-hoa-have-power-restrict-access-response-coronavirus-
emergency/2880085001 / (last visited Mar. 13, 2021 ); Donna Berger, Legal advice for HOAs: Take coronavirus seriously, but don't
panic, Miami Herald March 14, 2020 https:/lwww.miamiherald.com/news/business/real-estate-news/article240916146.html (last visited
Mar. 13, 2021).
38
DBPR. Erner. Order 20-04 (Mar. 27, 2020), http:/lwww.myfloridalicense.com/dbpr/os/documents/EO 2020-04.pdf (last visited Mar. 8,
2021); see also Ryan Poliakoff, Homeowners Associations May Use Emergency Powers During COVID-19 Pandemic, Florida Today
(Mar. 8, 2021), https:/lwww.floridatoday.com/story/money/2020/04/02/covid-1 9-pandemic-homeowners-associations-may-use-
emergency-powers/5102124002/ (last visited Mar. 8, 2021).
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Official Records
Background
Condominiums, cooperatives, and HOAs must maintain official association records for at least seven
years, including:
• The articles of incorporation, declaration, bylaws, and rules of the association;
• Meeting minutes;
• A roster of all unit owners or members, including the electronic mailing addresses and fax
numbers of unit owners or members consenting to receive notice by electronic transmission;
• A copy of any contracts to which the association is a party or under which the association or the
unit owners or members have an obligation;
• The association's accounting records;
• All contracts for work to be performed, including bids for work, materials, and equipment, except
that cooperatives and HOAs are only required to maintain bids for one year;
• A copy of the plans, permits, warranties, and other items provided by the developer; and
• All other written records which are related to the association's operation. 39
The official records for condominiums and cooperatives, but not for HOAs, must also include all ballots,
sign-in sheets, voting proxies, and all other documents relating to unit owner voting. 40
Owners may inspect and copy an association's official records, and the association must make the
records available for inspection within ten business days of receiving an inspection request. 41 A
condominium unit renter may inspect and copy the association's bylaws and rules. However, a renter
may not copy and inspect the declaration of condominium. 42 An association may adopt reasonable
rules regarding the frequency, time, location, notice, and manner of record inspections, but an HOA
may not require an owner to state a reason for inspecting the records. 43
Effect of Proposed Changes
The bill:
• Conforms condominium law to cooperative and HOA law by requiring that condominiums only
maintain bids for work, materials, and equipment for one year instead of seven years;
• Conforms condominium and cooperative law to HOA law by prohibiting a condominium or
cooperative from requiring a unit owner to state a reason for inspecting official records; and
• Conforms HOA law to condominium and cooperative law by including all ballots, sign-in sheets,
voting proxies, and all other documents relating to voting in the HOA's official records.
• Authorizes a condominium unit renter to inspect and copy the declaration of condominium.
• Specifies that information an HOA obtains in a gated community relating to guests visiting
parcel owners or community residents is inaccessible to members.
Condominium Unit Owner Access to Official Records
Background
A condominium association must maintain its official records within the state of Florida and make them
available for inspection within 45 miles of the association or within the county where the condominium
is located. 44 An association also has the option to make the official records available electronically via
the Internet or by allowing the records to be viewed in electronic format on a computer screen. 45
Additionally, condominium associations with 150 or more units that do not manage timeshare units
39 Ss. 718.111(12)(a), 719.104(2), and 720.303(4)-(5), F.S.
40 Id.
41 Id.
42 S. 718.111(12)(c)1., F.S.
43 S. 720.303(5), F.S.
44 S. 718.111(12)(b), F.S.
45 Id.
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must post certain documents to a website accessible only to unit owners and condominium association
employees. 46 The website must include:
• The recorded declaration of condominium of each condominium operated by the condominium
association and each amendment thereto;
• The recorded condominium association bylaws and each amendment to the bylaws;
• The condominium association's articles of incorporation, or other documents creating the
condominium association, and each amendment thereto. The copy posted must be a copy of
the articles of incorporation filed with the Department of State;
• The condominium association rules;
• Any management agreement, lease, or other contract to which the condominium association is
a party or under which the condominium association or the unit owners have an obligation or
responsibility;
• Summaries or complete copies of bids for materials, equipment, or services, which must be
maintained on the website for one year;
• The annual budget to be considered at the annual meeting;
• The financial report to be considered at a meeting;
• Each director's certification;
• All contracts or transactions between the condominium association and any director,
corporation, firm, or condominium association that is not an affiliated condominium association
or any other entity in which a condominium association director is also a director or officer and
financially interested;
• Any contract or document regarding the conflict of interest or possible conflict of interest of a
community association manager or a board member;
• The notice of any unit owner meeting and the meeting's agenda, posted at least 14 days before
the meeting in plain view on the front page of the website or on a separate subpage of the
website labeled "Notices" which is conspicuously visible and linked on the front page; and
• Any documents to be considered during a meeting or listed on the meeting's agenda, which
must be posted at least seven days before the meeting where the document will be
considered. 47
Effect of Proposed Changes
The bill authorizes a condominium association with 150 or more units that do not manage timeshare
units to make documents that must currently be posted to a website available through an application
that can be downloaded onto a mobile device in lieu of posting the documents to the website.
Discriminatory Restrictions
Background
A "discriminatory restriction" is a provision in a title transaction recorded in this state which restricts the
ownership, occupancy, or use of any real property in this state by any natural person on the basis of a
characteristic held by the United States Supreme Court or Florida Supreme Court to be protected
against discrimination under the Fourteenth Amendment to the United States Constitution or Article I,
section 2 of the State Constitution, including race, color, national origin, religion, gender, or physical
disability. 48 Florida law provides that a discriminatory restriction is not enforceable in the state, and all
such restrictions contained in any title transaction recorded in Florida are unlawful, unenforceable, and
null and void. 49
Under s. 712.065, F.S., upon request of a parcel owner, a discriminatory restriction appearing in a
covenant or restriction affecting the parcel may be removed from the covenant or restriction by an
amendment approved by a majority vote of the board of directors of the respective property owners'
46 S. 718.111 (12)(g), F.S.
47 Id.
4 6 S. 712.065(1 ), F .S.
49 S. 712.065(2), F.S.
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association or an owners' association in which all owners may voluntarily join, notwithstanding any
other requirements for amendment approval. 50 Unless the amendment also changes other covenant or
restriction provisions, the recording of the amendment is not a title transaction occurring after the root of
title for Marketable Record Title Act purposes. 51
Effect of Proposed Changes
The bill authorizes condominiums, cooperatives, and HOAs to extinguish a discriminatory restriction in
the same manner a property owners' association may do so under s. 712.065, F.S.
Condominium Unit Owner Insurance and Subrogation
Background
A condominium association must use its best efforts to maintain insurance for the association, the
association property, and the common elements.52 If a condominium maintains insurance for the
association, it must have coverage for the condominium property as originally installed and all
alterations or additions made to the condominium property. However, condominium association
insurance coverage does not include personal property within a unit or a unit's limited common
elements, floor, walls, ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-
in cabinets and countertops, and window treatments. Insurance coverage for such property is the unit
owner's responsibility.53
Subrogation is "the substitution of one party for another whose debt the party pays, entitling the paying
party to rights, remedies, or securities that would otherwise belong to the debtor."54 In the condominium
setting, subrogation allows a unit owner's insurer to stand in the place of the unit owner whose unit has
been damaged by a negligent party. The unit owner's insurer pays the unit owner for the damage and
stands in the place of the unit owner to seek relief from the party that caused the damage, which may
be the condominium association.
Often, a condominium association's declaration requires a unit owner's insurance policy to prohibit
subrogation against the condominium association.55 Prior to 2010, Florida law prohibited a
condominium unit owner's insurance policy from providing rights of subrogation against the association,
but the prohibition was repealed in and subrogation against a condominium association has been
authorized since 201 O.56
Effect of Proposed Changes
The bill provides that if a condominium association's insurance policy does not provide rights of
subrogation against the unit owners , then a unit owner's insurance policy may not provide rights of
subrogation against the association.
Condominium Term Limits
Background
Condominium association board members serve one-year terms, but a board member may serve a
two-year term if allowed by the association's bylaws or articles of incorporation. 57 In 2017, the
Legislature prohibited a condominium association board member from serving more than four
50
S. 712.065(3), F.S.
51 Id.
52 S. 718.111(11), F.S.
53 /d.
54 Aurora Loan Services LLC v. Senchuk, 36 So. 3d 716, 717 (Fla. 1•1 DCA 2010).
55 Gary L. Wickert & Kelsey Burazin, Subrogating Condominium Damage, Claims Journal (June 4, 2015),
https://www.claimsjournal.com/news/national/20 15/06/04/263728 .htm (last visited Mar. 8, 2021 ).
56 S. 718.111 (11 ), F.S. (2009); see also Senate Analysis of 2010 Senate Bill 1196 and 1222 (April 9, 2010).
57 S. 718.112(2)(d), F.S.
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DATE: 3/22/2021
consecutive two-year terms unless two-thirds of the total voting interests approve his or her continued
service or there are not enough eligible candidates to fill board vacancies. 58 In 2018, the Legislature
amended the term limit provision for condominium board members to clarify that a board member could
not serve more than eight consecutive years. 59 Uncertainty remains about whether time served on a
board prior to the enactment of the term limit provision counts toward the eight-year maximum. 60
Effect of Proposed Changes
The bill clarifies that only board service occurring on or after July 1, 2018, counts towards a board
member's term limits.
Condominium Transfer Fees
Background
A condominium association may not charge a potential buyer or renter a fee in connection with the
sale, lease, sublease, or other transfer of a unit unless:
• The fee is $100 or less;
• The fee is provided for in the association's governing documents; and
• The association approves the sale, lease, sublease, or transfer. 61
A condominium association may require a potential renter to provide the association a security deposit
equivalent to one month's rent. 62 The association must place the security deposit in an escrow account
maintained by the association. 63
Effect of Proposed Changes
The bill increases the fee a condominium association may charge a potential buyer or renter from $100
to $150 and specifies that such fee may be adjusted every five years in an amount equal to the total of
the annual increases occurring in the Consumer Price Index for All Urban Consumers, U.S. City
Average, All Items during the five-year period. The bill charges DBPR with calculating the fees and
publishing the amounts, as adjusted, on its website.
Condominium Service Providers Conflicts of Interest
Background
Prior to 2017, a condominium association could sign a contract for maintenance or management
services with an entity in which a member of the association's board of directors had a financial
interest. The contract had to disclose the board member's financial interest, and a discussion of the
financial interest had to be in the minutes of the meeting at which the vote to authorize the contract was
held. Any contract that failed to disclose such interest was unenforceable. 64 The contract also had to be
affirmed by a two-thirds vote of the members of the board of directors present. The board member with
a financial interest in the entity could not participate in the vote. 65
In 2017, the Legislature passed a law prohibiting a condominium association from employing or
contracting with any service provider in which a board member, or a relative of a board member within
the third degree of consanguinity by blood or marriage, has a financial interest. This restriction does not
58
See House Analysis of 2017 House Bill 1237 (July 5, 2017).
59 See House Analysis of 2018 House Bill 841 (Mar. 27, 2018).
60
David G. Muller, Is new term limit restriction retroactive, Naples Daily News (Sept. 15, 2018),
https://www.naple_snews.com/story/money/real-estate/2018/09/15/new-term-limit-restriction-retroactive/1259991002/ (last visited Mar. 8,
2021).
e1 S. 718.112(2)(i), F.S.
62 Id.
63 Id.
64 S. 718.3026(3), F.S.
65 Id.
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apply if the board member or relative owns less than one percent of the equity shares of the service
provider or to timeshare condominiums. 66
Effect of the Bill
The bill repeals the provision prohibiting a condominium association from employing or contracting with
any service provider in which a board member or a relative of a board member has a financial
relationship. However, the bill maintains the provision requiring a board member's financial interest be
disclosed in the contract with the association and in the minutes of the meeting at which the board
votes on the contract. Any contract that fails to disclose such interest is unenforceable. The contract
also requires an affirmative vote of two-thirds of the board of directors present and prohibits a board
member with a financial interest from participating in the vote. This restores the law applicable to board
member conflicts of interest to its pre-2017 state.
Condominium and HOA Fines and Suspensions
Background
A condominium association and an HOA may levy reasonable fines for failing to comply with the
association's governing documents. 67 A fine may not exceed $100 per violation or $1,000 in the
aggregate. 68 A condominium association and an HOA may also suspend, for a reasonable time period,
the right of a unit or parcel owner or his or her tenant, guest, licensee, or invitee to use common areas
and facilities for failure to comply with the governing documents. 69
A fine or suspension may not be imposed unless the board first gives at least 14 days' notice to the unit
or parcel owner and, if applicable, the parcel owner's occupant, licensee, or invitee sought to be fined
or suspended and a chance for a hearing before a committee of at least three members appointed by
the board who are not association officers, directors, or employees. If the committee approves a
proposed fine, the fine is due five days after the fine approval date. The association must give written
notice of an approved fine or suspension to the unit or parcel owner and, if applicable, the unit or parcel
owner's tenant, licensee, or invitee. 70
Effect of Proposed Changes
The bill changes when a condominium association or HOA fine is due from five days after the fine
approval date to five days after notice of the approved fine is given to the unit or parcel owner and, if
applicable, to the unit or parcel owner's tenant, licensee, or invitee.
Condominium Sales or Reservation Deposits
Background
If a developer contracts to sell a condominium unit and the construction, furnishing, and landscaping of
the property submitted or proposed to be submitted to condominium ownership has not been
substantially completed, the developer must pay into an escrow account all payments up to ten percent
of the sale price received by the developer from the buyer. 71 All payments in excess of the ten percent
of the sale price described above which have been received by the developer before construction
completion must be held in a special escrow account controlled by an escrow agent and may not
generally be used by the developer before closing the transaction, except to refund the buyer. 72
66 See House Analysis, supra note 31 .
67
Ss. 718.303(3) and 720.305(2), F.S.
68 Id.
69 Id.
70 Id.
11 S. 718.202(1), F.S.
n S. 718.202(2), F.S.
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DATE: 3/22/2021
However, if the sale contract so provides, the developer may withdraw escrow funds in excess of ten
percent of the purchase price from the special account when construction of improvements has begun,
and may use the funds in the actual construction and development of condominium property in which
the unit sold is located. 73 No part of the funds may be used for salaries, commissions, salesperson
expenses, or advertising purposes. 74
Effect of Proposed Changes
The bill clarifies that, if the developer withdraws escrow funds in excess of ten percent of the purchase
price from the special account as authorized by law, the developer may use the funds for the actual
costs he or she incurred in the construction and development of the condominium property in which the
unit sold is located.
The bill defines "actual costs" to include expenditures for demolition, site clearing, permit fees, impact
fees, and utility reservation fees, as well as architectural, engineering, and surveying fees directly
relating to condominium property construction and development. The bill also specifies that no part of
the funds may be used for marketing or promotional purposes, loan fees and costs, principal and
interest on loans, attorney fees, accounting fees, or insurance costs.
Condominium Electric Vehicle Charging and Natural Gas Fuel Stations
Background
In 2018, the Legislature prohibited a condominium association from preventing a unit owner from
installing an electric vehicle charging station within the boundaries of his or her limited common
element parking area. 75 Such installation may not cause irreparable damage to the condominium
property, and the association may require the unit owner to:
• Comply with bona fide safety requirements, consistent with applicable building code or
recognized safety standards;
• Comply with reasonable architectural standards adopted by the association so long as such
standards do not prohibit charging station installation or substantially increase installation costs;
• Engage the services of a duly licensed and registered electrical contractor or engineer familiar
with the installation and core requirements of an electric vehicle charging station;
• Provide a certificate of insurance naming the association as an additional insured on the policy;
and
• Reimburse the association for the actual cost of any increased insurance premium amount
attributable to the electric vehicle charging station. 76
The costs of installation, operation, maintenance, repair, and removal are the unit owner's responsibility
and the association may use its assessment powers to enforce the payment of such costs. Additionally,
the unit owner or his or her successor must separately meter and pay the associated electricity
charges.7 7
A condominium association must grant an implied easement across common elements to a unit owner
for electric vehicle charging station installation and any equipment necessary to furnish electrical power
to the electric vehicle charging station. 78 A lien may not be filed against an association for any labor
performed or materials furnished for charging station installation, but a lien may be filed against the unit
owner installing the charging station. 79
1 3 S. 718.202(3), F.S.
74 Id.
1 5 S. 718.113(8), F.S.
76 Id.
77 Id.
70 Id.
79 Id.; 718.121(2), F.S.
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DATE: 3/22/2021
Unit owners are not statutorily-authorized to install a natural gas fuel station anywhere on condominium
property or his or her limited common element parking area. Natural gas fuel is any liquefied petroleum
gas product, compressed natural gas product, or combination thereof used in a motor vehicle. 80 The
term includes all forms of fuel commonly or commercially known or sold as natural gasoline, butane
gas, propane gas, or any other form of liquefied petroleum gas, compressed natural gas, or liquefied
natural gas. However, the term does not include natural gas or liquefied petroleum placed in a separate
tank of a motor vehicle for cooking, heating, water heating, or electric generation. 81
Effect of Proposed Changes
The bill prohibits a condominium association from preventing a unit owner from installing:
• A natural gas fuel station within the boundaries of the unit owner's limited common element or
exclusively designated parking area, subject to the same restrictions and requirements as an
electric vehicle charging station.
• An electric vehicle charging station within the boundaries of the unit owner's exclusively
designated parking area.
The bill also provides that the:
• Costs for natural gas fuel supply and storage must be paid by the unit owner installing the
natural gas fuel station or his or her successor.
• The unit owner installing, maintaining, or removing the electric vehicle charging or natural gas
fuel station must comply with all applicable federal, state, or local laws and regulations.
• Labor performed on or materials furnished for natural gas fuel station installation cannot be the
basis for a lien against the association but a lien may be filed against the unit owner installing
the natural gas fuel station.
Alternative Dispute Resolution: Condominiums and Cooperatives
Background
The Condominium and Cooperative Acts provide an alternative dispute resolution mechanism for
certain disputes between unit owners and associations, requiring a party to petition for non-binding
arbitration 82 with the Division of Condominiums, Timeshares, and Mobile Homes before filing a
complaint in civil court for disputes involving:
• Condominium termination;
• Board member recall;
• The board requiring an owner to take action or refrain from any action involving the owner's unit.
• The board altering or adding to a common element; and
• The board's failure to:
o Give proper notice of meetings or other actions;
o Properly conduct elections; or
o Allow inspection of the association's records. 83
The Division lacks jurisdiction to arbitrate:
• Disagreements about a warranty's interpretation or enforcement;
• The charging of a fee or assessment;
• The eviction or other removal of a tenant from a unit;
• A board member's alleged breach of fiduciary duty; and
• Claims for damages to a unit based upon the association's alleged failure to maintain the
common elements or condominium property. 84
BO S. 206.9951 (2), F.S.
a1 Id.
82 Arbitration becomes binding on the parties if they agree in writing to be bound.
83 S. 718.1255, F.S.
a4 Id.
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DATE: 3/22/2021
An arbitration petition must include the specific nature of the dispute, a demand for relief, and proof that
the petitioner provided the opposing party a notice of intent to petition for arbitration before filing the
petition. If the dispute qualifies for arbitration, the arbitrator must conduct the arbitration within 30 days
of petition receipt and render a decision within 30 days of the arbitration. 85
If a party to arbitration requests mediation of the dispute, the arbitrator must contact all parties in the
proceeding to determine if they agree to mediation. However, an arbitrator may refer a proceeding to
mediation even if all parties do not agree to mediation. If a matter is referred to mediation, the parties
must select a mutually agreeable mediator, and the costs are shared equally among the parties. 86
Effect of Proposed Changes
The bill allows condominium and cooperative disputes currently resolvable through nonbinding
arbitration to be resolved through pre-suit mediation in the same manner of an HOA dispute in lieu of
arbitration with the Division, with the exception of election and recall disputes. The bill specifies that
condominium and cooperative election and recall disputes may instead be filed in a court of competent
jurisdiction in lieu of submitting the dispute to the Division for arbitration. However, arbitration with the
Division remains an option for such disputes.
Alternative Dispute Resolution: HOAs
Background
Under the HOA Act, all recall and election disputes must be submitted to mandatory binding arbitration
with the Division. 87 Additionally, certain disputes between parcel owners and HOAs must go to pre-suit
mediation before a party can file a complaint in civil court, including disputes involving:
• The use of or changes to an owner's parcel or the common areas;
• Covenants;
• Board or board committee meetings;
• Owner meetings not involving elections;
• Access to official records; and
• Governing document amendments. 88
HOA disputes involving the collection of assessments or other financial obligations and actions to
enforce a prior mediation agreement are not subject to the mandatory pre-suit mediation requirement. 89
Pre-suit mediation is initiated by service of a written petition for mediation on the opposing party. The
petition must be in the statutorily-required format, identify the specific nature of the dispute and the
basis for the alleged violations, and list five certified, neutral mediators from which the opposing party
will select a mediator. If emergency relief is required, a temporary injunction may be sought in court. 90
The opposing party has 20 days to respond to the petition for pre-suit mediation. If the opposing party
fails to respond or refuses to mediate then the aggrieved party may proceed to civil court. However, if
the parties agree to mediation, the mediator must hold the mediation within 90 days of the petition's
service on the opposing party and the parties share the costs of mediation, except for the cost of
attorney's fees. If pre-suit mediation is unsuccessful, the parties may proceed to civil court. 91
Effect of Proposed Changes
B5 Id.
BB Id.
B7 Ss. 720.306(9)(c) and 720.311 (1 }, F.S.
BBS. 720.311, F.S; Peter M. Dunbar & Charles F. Dudley, The Law of Florida Homeowners Associations, 77-78 (9 1h ed. 2013).
B9 Id.
90 Id.
91 Id.
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DATE: 3/22/2021
The bill authorizes HOA recall and election disputes to be filed with a court of competent jurisdiction in
lieu of being submitted to the Division for binding arbitration. However, arbitration with the Division
remains an option for such disputes.
Condominium Association Notices of Meeting
Background
A condominium association's bylaws specify the method of calling unit owner meetings, including
annual meetings. 92 Notice of the association's annual meeting must:
• Be in writing;
• Include an agenda;
• Be mailed, delivered, or electronically transmitted to each unit owner at least 14 days before the
annual meeting; and
• Be posted in a conspicuous place on condominium property for at least 14 continuous days
before the annual meeting or repeatedly broadcast with the agenda on a closed-circuit cable
television system serving the association. 93
There are no statutory requirements for notices of unit owner meetings that are not annual meetings.
Effect of Proposed Changes
The bill provides that notice of a meeting other than an annual meeting must:
• Be in writing;
• Include an agenda;
• Be mailed, hand delivered, or electronically transmitted to each unit owner; and
• Be posted in a conspicuous place on the condominium property within the timeframe specified
in the bylaws.
If the bylaws do not specify a timeframe for written notice of a meeting other than an annual meeting,
notice must be provided at least 14 continuous days before the meeting.
Condominium Association Notices of Election
Background
A condominium association must mail, deliver, or electronically transmit notice of an election to unit
owners at least 60 days before the election. 94 The association must also mail, deliver, or electronically
transmit a second notice of election to the unit owners, along with a ballot listing all the candidates. 95
Current law does not specify a timeframe for the provision of the second notice. However, DBPR has
adopted a rule providing that an association must mail or deliver the second notice not less than 14
days or more than 34 days before the election. 96
Effect of Proposed Changes
The bill codifies DBPR's rule and specifies that the second notice of election must be mailed, delivered,
or electronically transmitted to the unit owners not less than 14 days or more than 34 days before the
election.
HOA Notices of Meeting
92
S. 718.112(2)(d)3., F.S.
93 Id.
9 4 S. 718.112(2)(d), F.S.
95 Id.
96
Rule 61 B-23.0021 (8), F.A.C.
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DATE: 3/22/2021
Background
HOAs must notice all board meetings by posting notice in a conspicuous place on the HOA's property
for at least 48 hours. 97 Notice must be posted 14 days before meetings where a nonemergency special
assessment or an amendment to parcel use rules is considered. HOAs must also, before the meeting,
notice all member meetings by mailing, hand delivering, or electronically transmitting notice and posting
the notice in a conspicuous place. If an HOA opts to broadcast notice in lieu of posting notice, it must
do so at least four times during every broadcast hour of each day. 98 Additionally, when notice of an
HOA meeting is mailed or delivered to an owner's address it must be sent to the address identified as
the parcel owner's mailing address on the property appraiser's website for the county in which the
owner's parcel is located. 99
However, condominium and cooperative associations may adopt rules for noticing all board meetings
on a website if the time requirements for physically posting the board meetings are met. 100 Any rule
adopted for website notice must require the association to send an electronic notice providing a
hyperlink to the website where the notice is posted to all unit owners whose email addresses are part of
the official records in the same manner as notice of member meeting. 101 No such authorization exists
for HOAs in current law.
Effect of Proposed Changes
The bill authorizes an HOA to adopt a procedure for conspicuously posting board meeting notices and
agendas on the HOA's website or an application that can be downloaded on a mobile device for at
least the minimum time period for which the notice must be physically posted on association property.
Any such procedure must require that the association send an electronic notice to members whose e-
mail addresses are included in the HOA's official records in the same manner as is required for a notice
of member meeting, which notice must include a hyperlink to the website or mobile application on
which the notice is posted. The bill also changes where a notice of meeting must be mailed from the
owner's mailing address on the property appraiser's website to the mailing address listed in the HOA's
official records.
HOA Budgets
Background
An HOA must prepare an annual budget setting out the annual operating expenses, which budget must
reflect the HOA's estimated revenues and expenses for that year and the estimated surplus or deficit
as of the current year's end. 102 In addition to the annual operating expenses, the budget may include
reserve accounts for capital expenditures and deferred maintenance for which the HOA is responsible.
An HOA is deemed to have provided for reserve accounts if reserve accounts have been initially
established by the developer or if a majority of the HOA's members affirmatively elect to provide for
reserves by a membership vote at a duly called membership meeting or written consent. 103
If the HOA's budget does not provide for reserve accounts and the association is responsible for the
repair and maintenance of capital improvements that may result in a special assessment if reserves are
not provided, each financial report for the preceding fiscal year must contain the following statement:
The budget of the association does not provide for reserve accounts for capital
expenditures and deferred maintenance that may result in special assessments.
Owners may elect to provide for reserve accounts pursuant to section 720.303(6),
91 S. 720.303(2), F.S.
9B Id.
99 S. 720.306(1 )(g), F.S.
1oo Ss. 718.112(2)(c) and 719.106(1)(c), F.S.
101 Id.
102 S. 720.303(6), F.S.
103 /d.
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DATE: 3/22/2021
Florida Statutes, upon obtaining the approval of a majority of the total voting
interests of the association by vote of the members at a meeting or by written
consent. 104
If the HOA's budget does provide for funding accounts for deferred expenditure including, but not
limited to, funds for capital expenditures and deferred maintenance, but such accounts are not created
or established as reserve accounts, each financial report for the preceding fiscal year must contain the
following statement:
The budget of the association provides for limited voluntary deferred expenditure
accounts, including capital expenditures and deferred maintenance, subject to
limits on funding contained in our governing documents. Because the owners
have not elected to provide for reserve accounts pursuant to section 720.303(6),
Florida Statutes, these funds are not subject to the restrictions on use of such
funds set forth in statute, nor are reserves calculated in accordance with that
statute. 105
Effect of Proposed Changes
The bill clarifies that an HOA without established reserve accounts that is not required to create such
accounts by the governing documents and is responsible for the repair and maintenance of capital
improvements that may result in a special assessment must include in each financial report for the
preceding financial year a notice stating:
The budget of the association does not provide for fully funded reserve accounts
for capital expenditures and deferred maintenance that may result in special
assessments regarding those items. Owners may elect to provide for fully funded
reserve accounts under section 720.303(6), Florida Statutes, upon obtaining the
approval of a majority of the total voting interests of the association by vote of the
members at a meeting or by written consent.
Further, the bill specifies that an association is deemed to have provided for reserve accounts only
upon the affirmative approval of a majority of the HOA's total voting interests. The bill deletes the
provision indicating that an HOA is deemed to have provided for reserve accounts if such accounts are
initially established by the developer.
Condominium Ombudsman
Background
Within the Division of Condominiums, Timeshares, and Mobile Homes is housed the Office of the
Condominium Ombudsman (Ombudsman). 106 The Ombudsman is an attorney appointed by the
Governor to serve as a neutral resource for unit owners and condominium associations who is
authorized to prepare and issue reports and recommendations to the Governor, the Division, and the
Legislature on any matter or subject within the Division's jurisdiction. 107 The Ombudsman also acts as a
liaison between the Division, unit owners, and condominium associations and is responsible for
developing policies and procedures to help affected parties understand their rights and
responsibilities. 108 The Ombudsman must keep his or her principal office in Leon County, Florida, on
Division premises or, if suitable space cannot be provided on such premises, in a place convenient to
104 /d.
105 /d.
106 S. 718.5011, F.S.
1o7 Ss. 718.5011 and 718.5012, F.S.
rne Id.
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DATE: 3/2212021
the Division's offices. 109 However, the Ombudsman may establish branch offices elsewhere in the state
with the Governor's approval. 110
Effect of Proposed Changes
The bill deletes the requirement that the Ombudsman must keep his or her principal office in Leon
County, Florida, requiring instead that such office be kept in a place convenient to the Division's offices.
The Ombudsman may still establish branch offices elsewhere in the state with the Governor's approval.
HOA Amendments and Rental Restrictions
Background
An HOA's powers and duties include the powers and duties provided in current law and in the
association's governing documents, which include the recorded covenants and restrictions, bylaws, and
articles of incorporation. 111 Current law allows HOAs to amend their governing documents in the
manner set forth in the governing documents, but if no such process is provided therein, an HOA may
amend its governing documents by a two-thirds vote of association members. 112
Amendments to governing documents generally apply to all parcel owners in the HOA. However, HOAs
with 15 or fewer parcels can only enforce restrictions against a parcel owner that were in place at the
time the owner acquired his or her parcel. 113
An amendment to condominium association governing documents that restricts or regulates the rental
of a unit only applies to unit owners who consent to the amendment or owners who acquire a unit after
the amendment's effective date. No such provision exists for similar HOA amendments. 114
Effect of Proposed Changes
The bill provides that any HOA governing document amendment enacted after July 1, 2021, that
prohibits a parcel owner from renting his or her parcel, alters rental term duration, or specifies or limits
the number of times a parcel owner may rent his or her parcel during a specified period applies only to
a parcel owner who consents to the amendment and to parcel owners who acquire title to the parcel 115
after the amendment's effective date.
However, the bill authorizes an HOA to amend its governing documents to prohibit or regulate rental
durations for terms of less than six months and to prohibit a parcel owner from renting his or her parcel
more than three times in a calendar year; such amendments apply to all parcel owners.
For purposes of this provision, a change of ownership does not occur when a parcel owner conveys the
parcel to an affiliated entity, when the beneficial ownership of the parcel does not change, or when an
heir becomes the parcel owner. In order for this conveyance to be recognized, the entity must furnish
the association with a certificate certifying that this conveyance applies, along with any documents
supporting the conveyance.
The bill defines "affiliated entity" as an entity which controls, is controlled by, or is under common
control with the parcel owner or that becomes a parent or successor entity by reason of transfer,
109
S. 718.5014, F.S.
110 Id.
111 S. 720.303, F.S.
112 S. 720.306(1), F.S.
113 S. 720.303(1), F.S.
114 S. 718.110(13), F.S.
115 Under the bill, a change of ownership does not occur when a parcel owner conveys the parcel to an affiliated entity or when
beneficial ownership of the parcel does not change. An "affiliated entity" is one that controls, is controlled by, or is under common
control with the parcel owner or that becomes a parent or successor entity by reason of transfer, merger, consolidation, public offering,
reorganization, dissolution or sale of stock, or transfer of membership partnership interests.
STORAGE NAME: h0867b.RRS.D0CX PAGE: 18
DATE: 3/22/2021
merger, consolidation, public offering, reorganization, dissolution or sale of stock, or transfer of
membership partnership interests.
Transition of HOA Control
Background
HOA members other than the developer may elect at least a majority of the HOA's board members at
the earliest of:
• Three months after 90 percent of the parcels in all phases the HOA will ultimately operate have
been conveyed to members;
• Such other percentage of the parcels being conveyed to members, or when such other date or
event has occurred, as specified in the governing documents in order to comply with the
requirements of any governmentally chartered entity with regard to parcel mortgage financing;
• The developer abandoning or deserting its responsibility to maintain and complete the HOA's
amenities or infrastructure as disclosed in the governing documents;
• The developer filing a petition seeking Chapter 7 bankruptcy protection;
• The developer losing title to the property through a foreclosure action or the transfer of a deed
in lieu of foreclosure unless specified conditions are met; or
• A receiver being appointed by a circuit court and not being discharged within 30 days after
appointment, unless specified conditions are met. 116
Members other than the developer may elect at least one HOA board member if 50 percent of the
parcels in all phases of the community which will ultimately be operated by the association have been
conveyed to the members. 117 The developer is entitled to elect at least one HOA board member as long
as the developer holds for sale in the ordinary course of business at least five percent of the parcels in
all phases. 118 After the developer relinquishes HOA control, the developer:
• May exercise the right to vote any developer-owned voting interests in the same manner as any
other member, except for the purposes of reacquiring HOA control or selecting a majority of
board members. 119
• Must deliver specified documents to the HOA board within 90 days. 120
Effect of Proposed Changes
The bill clarifies that a developer is not a member for HOA control transition purposes when control is
transferred three months after 90 percent of the parcels in all phases the HOA will operate have been
conveyed to members.
The bill provides an effective date of July 1, 2021.
B. SECTION DIRECTORY:
Section 1: Amends s. 627.714, F.S., relating to residential condominium unit owner coverage; loss
assessment coverage required.
Section 2: Amends s. 718.103, F.S., relating to definitions.
Section 3: Amends s. 718.111, F.S., relating to the association.
Section 4: Amends s. 718.112, F.S., relating to bylaws.
Section 5: Amends s. 718.113, F.S., relating to maintenance; limitation upon improvement; display
of flag; hurricane shutters and protection; display of religious decorations.
Section 6: Amends s. 718.117, F.S., relating to termination of condominium.
Section 7: Amends s. 718.121, F.S., relating to liens.
Section 8: Amends s. 718.1255, F.S., relating to alternative dispute resolution; voluntary mediation;
116 S. 720.307(1), F.S.
117 S. 720.307(2), F.S.
118 S. 720.307(3), F.S.
119 /d.
120
S. 720.307(4), F.S.
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DATE: 3/22/2021
mandatory nonbinding arbitration; legislative findings.
Section 9: Amends s. 718.1265, F.S., relating to association emergency powers.
Section 10: Amends s. 718.202, F.S., relating to sales or reservation deposits prior to closing.
Section 11: Amends s. 718.303, F.S., relating to obligations of owners and occupants; remedies.
Section 12: Amends s. 718.405, F.S., relating to multicondominiums; multicondominium
associations.
Section 13: Amends s. 718.501, F.S., relating to authority, responsibility, and duties of Division of
Florida Condominiums, Timeshares, and Mobile Homes.
Section 14: Amends s. 718.5014, F.S., relating to ombudsman location.
Section 15: Amends s. 719.103, F.S., relating to definitions.
Section 16: Amends s. 719.104, F.S., relating to cooperatives; access to units; records; financial
reports; assessments; purchase of leases.
Section 17: Amends s. 719.106, F.S., relating to bylaws; cooperative ownership.
Section 18: Amends s. 719.128, F.S., relating to association emergency powers.
Section 19: Amends s. 720.301, F.S., relating to definitions.
Section 20: Amends s. 720.303, F.S., relating to board meetings.
Section 21: Amends s. 720.305, F.S., relating to obligations of members; remedies at law or in
equity; levy of fines and suspension of user rights.
Section 22: Amends s. 720.306, F.S., relating to quorum; amendments.
Section 23: Amends s. 720.307, F.S., relating to transition of association control in a community.
Section 24: Amends s. 720.3075, F.S., relating to prohibited clauses in association documents.
Section 25: Amends s. 720.311, F.S., relating to dispute resolution.
Section 26: Amends s. 720.316, F.S., relating to association emergency powers.
Section 27: Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
The change in classification of cooperatives from personal to real property for the purpose of estate
taxes or laws related to devise and descent may have an indeterminate impact on state revenue.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS :
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Prohibiting a condominium owner's insurance policy from providing rights of subrogation against the
association may increase or decrease an insurance policy's cost to an unknown degree.
According to a statement offered by DBPR on a previous bill with a similar provision, 'The proposal
regarding pre-suit mediation as an option to arbitration will raise costs to unit owners involved in a
dispute with their association." 121
D. FISCAL COMMENTS:
121 Florida Department of Business and Professional Regulation, Agency Analysis of 2020 House Bill 623, p. 6 (February 7, 2020).
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DATE: 3/22/2021
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The 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:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 10, 2021, the Civil Justice and Property Rights Subcommittee adopted one amendment and
reported the bill favorably as a committee substitute. The amendment:
• Specified that HOA members cannot access information obtained by an HOA in a gated community
relating to guests visiting parcel owners or community residents.
• Clarified that developers are not HOA members for transition of HOA control purposes when control
is transferred three months after 90 percent of the parcels in all phases the HOA will operate have
been conveyed to members.
This analysis is drafted to the committee substitute as passed by the Civil Justice and Property Rights
Subcommittee.
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DATE: 3/22/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 867 2021
1 A bill to be entitled
2 An act relating to community associations; amending s.
3 627.714, F.S.; prohibit ing insurance policies f rom
4 providing specified rights of subrogation under
5 certain circumstances; amending s. 718.103, F.S.;
6 revising the definition of the terms
7 "multicondominium," "ope ra tion," and "operation of the
8 condominium"; amending s. 718.111, F.S.; requiring
9 that certain records be maintained for a specified
10 time; prohibiting an association from requiring
11 certain actions relating to the inspection of records;
12 limiting which records a renter of a unit may inspect
13 and copy; revising requ i rements relating to the
14 posting of d i gita l copies of certain documents by
15 certain condominium associati ons; amending s. 718.112,
16 F.S.; authorizing a condominium association to
17 extinguish discriminatory restrictions; revising the
18 calculation used in determining a board member's term
19 l imi t ; providing requirements f or certain notices;
20 revising the f ee s that an association may charge for
21 transfers; d el eting a prohibit ion against employi ng or
22 contracting with certain service providers; ame nding
23 s . 718.113, F.S.; revising l egis lat ive findings;
24 defining the terms "natura l gas fue l " and "natura l g as
25 fue l vehicle"; revising requirements for electric
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26 vehicle charging stations; providing requirements for
27 natural gas fuel stations on property governed by
28 condominium associations; amending s. 718.117, F.S.;
29 conforming provisions to changes made by the act;
30 amending s. 718.121, F.S.; providing that labor and
31 materials associated with the installation of a
32 natural gas fuel station may not serve as the basis
33 for filing a lien against an association but may serve
34 as the basis for filing a lien against a unit owner;
35 requiring that notices of intent to record a claim of
36 lien specify certain dates; amending s. 718.1255,
37 F.S.; authorizing parties to initiate presuit
38 mediation under certain circumstances; specifying the
39 circumstances under which arbitration is binding on
40 the parties; providing requirements for presuit
41 mediation; amending s. 718.1265, F.S : ; revising the
42 emergency powers of condominium associations;
43 prohibiting condominium associations from taking
44 certain actions during a declared state of emergency;
45 amending s. 718.202, F.S.; revising the allowable uses
46 of certain escrow funds withdrawn by developers;
47 defining the term "actual costs"; amending s. 718.303,
48 F.S.; revising requirements for certain actions for
49 failure to comply with specified provisions relating
50 to condominium associations; revising requirements for
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51 certain fines; amending s. 718.405, F.S.; providing
52 clarifying language relating to certain
53 multicondominium declarations; providing
54 applicability; amending s. 718.501, F.S.; conforming
55 provisions to changes made by the act; amending s.
56 718.5014, F.S.; revising a requirement regarding the
57 location of the principal office of the Office of the
58 Condominium Ombudsman; amending s. 719.103, F.S.;
59 revising the definition of the term "unit" to specify
60 that an interest in a cooperative unit is an interest
61 in real property; amending s. 719.104, F.S.;
62 prohibiting an association from requiring certain
63 actions relating to the inspection of records;
64 amending s. 719.106, F.S.; revising provisions
65 relating to a quorum and voting rights for members
66 remotely participating in meetings; revising the
67 procedure to challenge a board member recall;
68 authorizing cooperative associations to extinguish
69 discriminatory restrictions; amending s. 719.128,
70 F.S.; revising emergency powers for cooperative
71 associations; prohibiting cooperative associations
72 from taking certain actions during a declared state of
73 emergency; amending s. 720.301, F.S.; revising the
74 definition of the term "governing documents"; amending
75 s. 720.303, F.S.; authorizing an association to adopt
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76 procedures for electronic meeting notices; revising
77 the documents that constitute the official records of
78 an association; revising the types of records that are
79 not accessible to members or parcel owners; revising
80 the circumstances under which a specified statement
81 must be included in an association's financial report;
82 revising requirements for such statement; revising the
83 circumstances under which an association is deemed to
84 have provided for reserve accounts; revising the
85 procedure to challenge a board member recall; amending
86 s. 720.305, F.S.; providing requirements for certain
87 fines levied by a board of administration; amending s.
88 720.306, F.S.; revising requirements for providing
89 certain notices; providing limitations on associations
90 when a parcel owner attempts to rent or lease his or
91 her parcel; defining the term "affiliated entity";
92 revising the procedure for election disputes; amending
93 s. 720.307, F.S.; revising the circumstances under
94 which members other than the developer are entitled to
95 elect members to the board of directors of the
96 homeowners' association; amending s. 720.3075, F.S.;
97 authorizing homeowners' associations to extinguish
98 discriminatory restrictions; amending s. 720.311,
99 F.S.; revising the dispute resolution requirements for
100 election disputes and recall disputes; amending s.
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101 720.316, F.S.; revising emergency powers of
102 homeowners' associations; prohibiting homeowners'
103 associations from taking certain actions during a
104 declared state of emergency; providing an effective
105 date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Subsection (4) of section 627.714, Florida
110 Statutes, is amended to read:
111 627.714 Residential condominium unit owner coverage; loss
112 assessment coverage required.-
113 (4) Every individual unit owner's residential property
114 policy must contain a provision stating that the coverage
115 afforded by such policy is excess coverage over the amount
116 recoverable under any other policy covering the same property.
117 If a condominium association's insurance policy does not provide
118 rights for subrogation against the unit owners in the
119 association, an insurance policy issued to an individual unit
120 owner in the association may not provide rights of subrogation
121 against the condominium association .
122 Section 2. Subsections (20) and (21) of section 718.103,
123 Florida Statutes, are amended to read:
124 718.103 Definitions.-As used in this chapter, the term:
125 (20) "Multicondominium" means real property a real estate
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12 6 development containing two or more condominiums, all of which
127 are operated by the same association.
128 (21) "Operation" or "operation of the condominium"
129 includes the administration and management of the condominium
130 property and the association.
131 Section 3. Paragraphs (a), (b), (c), and (g) of subsection
132 (12) of section 718.111, Florida Statutes, are amended to read:
133 718.111 The association.-
134 (12) OFFICIAL RECORDS.-
135 (a) From the inception of the association, the association
136 shall maintain each of the following items, if applicable, which
137 constitutes the official records of the association:
138 1. A copy of the plans, permits, warranties, and other
139 items provided by the developer under pursuant to s. 718.301(4)
140 2. A photocopy of the recorded declaration of condominium
141 of each condominium operated by the association and each
142 amendment to each declaration.
143 3. A photocopy of the recorded bylaws of the association
144 and each amendment to the bylaws.
145 4. A certified copy of the articles of incorporation of
146 the association, or other documents creating the association,
147 and each amendment thereto.
148 5. A copy of the current rules of the association.
149 6. A book or books that contain the minutes of all
150 meetings of the association, the board of administration, and
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151 the unit owners.
152 7. A current roster of all unit owners and their mailing
153 addresses, unit identifications, voting certifications, and, if
154 known, telephone numbers. The association shall also maintain
155 the e-mail addresses and facsimile numbers of unit owners
156 consenting to receive notice by electronic transmission. Thee-
157 mail addresses and facsimile numbers are not accessible to unit
158 owners if consent to receive notice by electronic transmission
159 is not provided in accordance with sub-subparagraph (c)3.e.
160 However, the association is not liable for an inadvertent
161 disclosure of the e-mail address or facsimile number for
162 receiving electronic transmission of notices.
163 8. All current insurance policies of the association and
164 condominiums operated by the association.
165 9. A current copy of any management agreement, lease, or
166 other contract to which the association is a party or under
167 which the association or the unit owners have an obligation or
168 responsibility.
169 10. Bills of sale or transfer for all property owned by
170 the association.
171 11. Accounting records for the association and separate
172 accounting records for each condominium that the association
173 operates. Any person who knowingly or intentionally defaces or
174 destroys such records, or who knowingly or intentionally fails
175 to create or maintain such records, with the intent of causing
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176 harm to the association or one or more of its members, is
177 personally subject to a civil penalty under pursuant to s.
178 718.501(1) (d). The accounting records must include, but are not
179 limited to:
180 a. Accurate, itemized, and detailed records of all
181 receipts and expenditures.
182 b. A current account and a monthly, bimonthly, or
183 quarterly statement of the account for each unit designating the
184 name of the unit owner, the due date and amount of each
185 assessment, the amount paid on the account, and the balance due.
186 c. All audits, reviews, accounting statements, and
187 financial reports of the association or condominium.
188 d. All contracts for work to be performed. Bids for work
189 to be performed are also considered official records and must be
190 maintained by the association for at least 1 year after receipt
191 of the bid.
192 12. Ballots, sign-in sheets, voting proxies, and all other
193 papers and electronic records relating to voting by unit owners,
194 which must be maintained for 1 year from the date of the
195 election, vote, or meeting to which the document relates,
196 notwithstanding paragraph (b).
197 13. All rental records if the association is acting as
198 agent for the rental of condominium units.
199 14. A copy of the current question and answer sheet as
200 described ins. 718.504.
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201 15. All other ~irittcn records of the association not
202 spceif:Lcally incluecd in tbe foregoing which are related to the
203 operation of the association .
204 -1-6--. A copy of the inspection report as described ins.
205 718.301(4)(p).
206 16.-1--1--.-- Bids for materials, equipment, or services.
207 17. All other written records of the association not
208 specified in subparagraphs 1.-16. which are related to the
209 operation of the association.
210 (b) The official records specified in subparagraphs (a)l.-
211 6. must be permanently maintained from the inception of the
212 association. Bids for work to be p erformed or for materials,
213 equipment, or services must be maintained for at least 1 year
214 after receipt of the bid. All other official records must be
215 maintained within the state for at least 7 years, unless
216 otherwise provided by general law. The records of the
217 association shall be made available to a unit owner within 45
218 miles of the condominium property or within the county in which
219 the condominium property is located within 10 working days after
220 receipt of a written request by the board or its designee.
221 However, such distance requirement does not apply to an
222 association governing a timeshare condominium. This paragraph
223 may be complied with by having a copy of the official records of
224 the association available for inspection or copying on the
225 condominium property or association property, or the association
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226 may offer the option of making the records available to a unit
227 owner electronically via the Internet or by allowing the records
228 to be viewed in electronic format on a computer screen and
229 printed upon request. The association is not responsible for the
230 use or misuse of the information provided to an association
231 member or his or her authorized representative in pursuant to
232 tfTe compliance with re quirefficnts of this chapter unless the
233 association has an affirmative duty not to disclose such
234 information under pursuant to this chapter.
235 (c)l. The official records of the association are open to
236 inspection by any association member or the authorized
237 representative of such member at all reasonable times. The right
238 to inspect the records includes the right to make or obtain
239 copies, at the reasonable expense, if any, of the member or
240 authorized representative of such member. A renter of a unit has
241 a right to inspect and copy only the declaration of condominium
242 and the association's bylaws and rules. The association may
243 adopt reasonable rules regarding the frequency, time, location,
244 notice, and manner of record inspections and copying, but may
245 not require a member to demonstrate any purpose or state any
246 reason for the inspection. The failure of an association to
247 provide the records within 10 working days after receipt of a
248 written request creates a rebuttable presumption that the
249 association willfully failed to comply with this paragraph. A
250 unit owner who is denied access to official records is entitled
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251 to the actual damages or minimum damages for the association's
252 willful failure to comply. Minimum damages are $50 per calendar
253 day for up to 10 days, beginning on the 11th working day after
254 receipt of the written request. The failure to permit inspection
255 entitles any person prevailing in an enforcement action to
256 recover reasonable attorney fees from the person in control of
257 the records who, directly or indirectly, knowingly denied access
258 to the records.
259 2. Any person who knowingly or intentionally defaces or
2 60 destroys accounting records that are required by this chapter to
261 be maintained during the period for which such records are
262 required to be maintained, or who knowingly or intentionally
263 fails to create or maintain accounting records that are required
264 to be created or maintained, with the intent of causing harm to
265 the association or one or more of its members, is personally
266 subject to a civil penalty under pursuant to s. 718.501(1) (d).
2 67 3. The association shall maintain an adequate number of
268 copies of the declaration, articles of incorporation, bylaws,
269 and rules, and all amendments to each of the foregoing, as well
270 as the question and answer sheet as described ins. 718.504 and
271 year-end financial information required under this section, on
272 the condominium property to ensure their availability to unit
273 owners and prospective purchasers, and may charge its actual
274 costs for preparing and furnishing these documents to those
275 requesting the documents. An association shall allow a member or
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276 his or her authorized representative to use a portable device,
277 including a smartphone, tablet, portable scanner, or any other
278 technology capable of scanning or taking photographs, to make an
279 electronic copy of the official records in lieu of the
280 association's providing the member or his or her authorized
281 representative with a copy of such records. The association may
282 not charge a member or his or her authorized representative for
283 the use of a portable device. Notwithstanding this paragraph,
284 the following records are not accessible to unit owners:
285 a. Any record protected by the lawyer-client privilege as
286 described ins. 90.502 and any record protected by the work-
287 product privilege, including a record prepared by an association
288 attorney or prepared at the attorney's express direction, which
289 reflects a mental impression, conclusion, litigation strategy,
290 or legal theory of the attorney or the association, and which
291 was prepared exclusively for civil or criminal litigation or for
292 adversarial administrative proceedings, or which was prepared in
293 anticipation of such litigation or proceedings until the
294 conclusion of the litigation or proceedings.
295 b. Information obtained by an association in connection
296 with the approval of the lease, sale, or other transfer of a
297 unit.
298 c. Personnel records of association or management company
299 employees, including, but not limited to, disciplinary, payroll,
300 health, and insurance records. For purposes of this sub-
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301 subparagraph, the term "personnel records'' does not include
302 written employment agreements with an association employee or
303 management company, or budgetary or financial records that
304 indicate the compensation paid to an association employee.
305 d. Medical records of unit owners.
306 e. Social security numbers, driver license numbers, credit
307 card numbers, e-mail addresses, telephone numbers, facsimile
308 numbers, emergency contact information, addresses of a unit
309 owner other than as provided to fulfill the association's notice
310 requirements, and other personal identifying information of any
311 person, excluding the person's name, unit designation, mailing
312 address, property address, and any address, e-mail address, or
313 facsimile number provided to the association to fulfill the
314 association's notice requirements. Notwithstanding the
315 restrictions in this sub-subparagraph, an association may print
316 and distribute to unit parcel owners a directory containing the
317 name, unit parcel address, and all telephone numbers of each
318 unit parcel owner. However, an owner may exclude his or her
319 telephone numbers from the directory by so requesting in writing
320 to the association. An owner may consent in writing to the
321 disclosure of other contact information described in this sub-
322 subparagraph. The association is not liable for the inadvertent
323 disclosure of information that is protected under this sub-
324 subparagraph if the information is included in an official
325 record of the association and is voluntarily provided by an
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326 owner and not requested by the association.
327 f. Electronic security measures that are used by the
328 association to safeguard data, including passwords.
329 g. The software and operating system used by the
330 association which allow the manipulation of data, even if the
331 owner owns a copy of the same software used by the association.
332 The data is part of the official records of the association.
333 (g)l. By January 1, 2019, an association managing a
334 condominium with 150 or more units which does not contain
335 timeshare units shall post digital copies of the documents
336 specified in subparagraph 2. on its website or make such
337 documents available through an application that can be
338 downloaded on a mobile device.
339 a. The association's website or application must be:
340 (I) An independent website, application, or web portal
341 wholly owned and operated by the association; or
342 (II) A website, application, or web portal operated by a
343 third-party provider with whom the association owns, leases,
344 rents, or otherwise obtains the right to operate a web page,
345 subpage, web portal, er collection of subpages or web portalsL
346 or an application that is dedicated to the association's
347 activities and on which required notices, records, and documents
348 may be posted or made available by the association.
349 b. The association's website or application must be
350 accessible through the Internet and must contain a subpage, web
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351 portal, or other protected electronic location that is
352 inaccessible to the general public and accessible only to unit
353 owners and employees of the association.
354 c. Upon a unit owner's written request, the association
355 must provide the unit owner with a username and password and
356 access to the protected sections of the association's website or
357 application that contain any notices, records, or documents that
358 must be electronically provided.
359 2. A current copy of the following documents must be
360 posted in digital format on the association's website or
361 application:
362 a. The recorded declaration of condominium of each
363 condominium operated by the association and each amendment to
364 each declaration.
365 b. The recorded bylaws of the association and each
366 amendment to the bylaws.
367 c. The articles of incorporation of the association, or
368 other documents creating the association, and each amendment to
369 the articles of incorporation or other documents thereto. The
370 copy posted pursuant to this sub-subparagraph must be a copy of
371 the articles of incorporation filed with the Department of
372 State.
373 d. The rules of the association.
374 e. A list of all executory contracts or documents to which
375 the association is a party or under which the association or the
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376 unit owners have an obligation or responsibility and, after
377 bidding for the related materials, equipment, or services has
378 closed, a list of bids received by the association within the
379 past year. Summaries of bids for materials, equipment, or
380 services which exceed $500 must be maintained on the website or
381 application for 1 year. In lieu of summaries, complete copies of
382 the bids may be posted.
383 f. The annual budget required bys. 718.112(2) (f) and any
384 proposed budget to be considered at the annual meeting.
385 g. The financial report required by subsection (13) and
386 any monthly income or expense statement to be considered at a
387 meeting.
388 h. The certification of each director required bys.
389 718.112(2) (d)4.b.
390 i. All contracts or transactions between the association
391 and any director, officer, corporation, firm, or association
392 that is not an affiliated condominium association or any other
393 entity in which an association director is also a director or
394 officer and financially interested.
395 j. Any contract or document regarding a conflict of
396 interest or possible conflict of interest as provided in ss.
397 4 6 8 . 4 3 6 ( 2) ( b) 6. and 718 . 3 0 2 7 ( 3) .
398 k. The notice of any unit owner meeting and the agenda for
399 the meeting, as required by s . 718 . 112 ( 2) ( d) 3 . , no later than 14
400 days before the meeting. The notice must be posted in plain view
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401 on the front page of the website or application, or on a
402 separate subpage of the website or application labeled "Notices"
403 which is conspicuously visible and linked from the front page.
404 The association must also post on its website or application any
405 document to be considered and voted on by the owners during the
406 meeting or any document listed on the agenda at least 7 days
407 before the meeting at which the document· or the information
408 within the document will be considered.
409 1. Notice of any board meeting, the agenda, and any other
410 document required for the meeting as required bys.
411 718.112(2) (c), which must be posted no later than the date
412 required for notice under pursuant to s. 718.112 (2) (c).
413 3. The association shall ensure that the information and
414 records described in paragraph (c), which are not allowed to be
415 accessible to unit owners, are not posted on the association's
416 website or application. If protected information or information
417 restricted from being accessible to unit owners is included in
418 documents that are required to be posted on the association's
419 website or application, the association shall ensure the
420 information is redacted before posting the documents online.
421 Notwithstanding the foregoing, the association or its agent is
422 not liable for disclosing information that is protected or
423 restricted under pursuant to this paragraph unless such
424 disclosure was made with a knowing or intentional disregard of
425 the protected or restricted nature of such information.
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426 4. The failure of the association to post information
427 required under subparagraph 2. is not in and of itself
428 sufficient to invalidate any action or decision of the
429 association's board or its committees.
430 Section 4. Paragraphs (d), (i), (j), (k), and (p) of
431 subsection (2) of section 718.112, Florida Statutes, are
432 amended, and paragraph (c) is added to subsection (1) of that
433 section, to read:
434 718.112 Bylaws.-
435 ( 1) GENERALLY.-
436 (c) The association may extinguish a discriminatory
437 restriction as provided ins. 712.065.
438 (2) REQUIRED PROVISIONS.-The bylaws shall provide for the
439 following and, if they do not do so, shall be deemed to include
440 the following:
441 (d) Unit owner meetings.-
442 1. An annual meeting of the unit owners must be held at
443 the location provided in the association bylaws and, if the
444 bylaws are silent as to the location, the meeting must be held
445 within 45 miles of the condominium property. However, such
446 distance requirement does not apply to an association governing
447 a timeshare condominium.
448 2. Unless the bylaws provide otherwise, a vacancy on the
449 board caused by the expiration of a director's term must be
450 filled by electing a new board member, and the election must be
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451 by secret ballot. An election is not required if the number of
452 vacancies equals or exceeds the number of candidates. For
453 purposes of this paragraph, the term "candidate" means an
454 eligible person who has timely submitted the written notice, as
455 described in sub-subparagraph 4.a., of his or her intention to
456 become a candidate. Except in a timeshare or nonresidential
457 condominium, or if the staggered term of a board member does not
458 expire until a later annual meeting, or if all members' terms
459 would otherwise expire but there are no candidates, the terms of
460 all board members expire at the annual meeting, and such members
461 may stand for reelection unless prohibited by the bylaws. Board
462 members may serve terms longer than 1 year if permitted by the
463 bylaws or articles of incorporation. A board member may not
464 serve more than 8 consecutive years unless approved by an
465 affirmative vote of unit owners representing two-thirds of all
466 votes cast in the election or unless there are not enough
467 eligible candidates to fill the vacancies on the board at the
468 time of the vacancy. Only board service that occurs on or after
469 July 1, 2018, may be used when calculating a board member's term
470 limit. If the number of board members whose terms expire at the
471 annual meeting equals or exceeds the number of candidates, the
472 candidates become members of the board effective upon the
473 adjournment of the annual meeting. Unless the bylaws provide
474 otherwise, any remaining vacancies shall be filled by the
475 affirmative vote of the majority of the directors making up the
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476 newly constituted board even if the directors constitute less
477 than a quorum or there is only one director. In a residential
478 condominium association of more than 10 units or in a
479 residential condominium association that does not include
480 timeshare units or timeshare interests, co-owners of a unit may
481 not serve as members of the board of directors at the same time
482 unless they own more than one unit or unless there are not
483 enough eligible candidates to fill the vacancies on the board at
484 the time of the vacancy. A unit owner in a residential
485 condominium desiring to be a candidate for board membership must
486 comply with sub-subparagraph 4.a. and must be eligible to be a
487 candidate to serve on the board of directors at the time of the
488 deadline for submitting a notice of intent to run in order to
489 have his or her name listed as a proper candidate on the ballot
490 or to serve on the board. A person who has been suspended or
491 removed by the division under this chapter, or who is delinquent
492 in the payment of any monetary obligation due to the
493 association, is not eligible to be a candidate for board
494 membership and may not be listed on the ballot. A person who has
495 been convicted of any felony in this state or in a United States
496 District or Territorial Court, or who has been convicted of any
497 offense in another jurisdiction which would be considered a
498 felony if committed in this state, is not eligible for board
499 membership unless such felon's civil rights have been restored
500 for at least 5 years as of the date such person seeks election
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501 to the board. The validity of an action by the board is not
502 affected if it is later determined that a board member is
503 ineligible for board membership due to having been convicted of
504 a felony. This subparagraph does not limit the term of a member
505 of the board of a nonresidential or timeshare condominium.
506 3. The bylaws must provide the method of calling meetings
507 of unit owners, including annual meetings. Written notice of an
508 annual meeting must include an agendaL , must be mailed, hand
509 delivered, or electronically transmitted to each unit owner at
510 least 14 days before the annual meetingL7 and mu-s-t- be posted in
511 a conspicuous place on the condominium property or association
512 property at least 14 continuous days before the annual meeting.
513 Written notice of a meeting other than an annual meeting must
514 include an agenda; be mailed, hand delivered, or electronically
515 transmitted to each unit owner; and be posted in a conspicuous
516 place on the condominium property or association property within
517 the timeframe specified in the bylaws. If the bylaws do not
518 specify a timeframe for written notice of a meeting other than
519 an annual meeting, notice must be provided at least 14
520 continuous days before the meeting. Upon notice to the unit
521 owners, the board shall, by duly adopted rule, designate a
522 specific location on the condominium property or association
523 property where all notices of unit owner meetings must be
524 posted. This requirement does not apply if there is no
525 condominium property for posting notices. In lieu of, or in
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526 addition to, the physical posting of meeting notices, the
527 association may, by reasonable rule, adopt a procedure for
528 conspicuously posting and repeatedly broadcasting the notice and
529 the agenda on a closed-circuit cable television system serving
530 the condominium association. However, if broadcast notice is
531 used in lieu of a notice posted physically on the condominium
532 property, the notice and agenda must be broadcast at least four
533 times every broadcast hour of each day that a posted notice is
534 otherwise required under this section. If broadcast notice is
535 provided, the notice and agenda must be broadcast in a manner
536 and for a sufficient continuous length of time so as to allow an
537 average reader to observe the notice and read and comprehend the
538 entire content of the notice and the agenda. In addition to any
539 of the authorized means of providing notice of a meeting of the
540 board, the association may, by rule, adopt a procedure for
541 conspicuously posting the meeting notice and the agenda on a
542 website serving the condominium association for at least the
543 minimum period of time for which a notice of a meeting is also
544 required to be physically posted on the condominium property.
545 Any rule adopted shall, in addition to other matters, include a
546 requirement that the association send an electronic notice in
547 the same manner as a notice for a meeting of the members, which
548 must include a hyperlink to the website where the notice is
549 posted, to unit owners whose e-mail addresses are included in
550 the association's official records. Unless a unit owner waives
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551 in writing the right to receive notice of the annual meeting,
552 such notice must be hand delivered, mailed, or electronically
553 transmitted to each unit owner. Notice for meetings and notice
554 for all other purposes must be mailed to each unit owner at the
555 address last furnished to the association by the unit owner, or
556 hand delivered to each unit owner. However, if a unit is owned
557 by more than one person, the association must provide notice to
558 the address that the developer identifies for that purpose and
559 thereafter as one or more of the owners of the unit advise the
560 association in writing, or if no address is given or the owners
561 of the unit do not agree, to the address provided on the deed of
562 record. An officer of the association, or the manager or other
563 person providing notice of the association meeting, must provide
564 an affidavit or United States Postal Service certificate of
565 mailing, to be included in the official records of the
566 association affirming that the notice was mailed or hand
567 delivered in accordance with this provision.
568 4. The members of the board of a residential condominium
569 shall be elected by written ballot or voting machine. Proxies
570 may not be used in electing the board in general elections or
571 elections to fill vacancies caused by recall, resignation, or
572 otherwise, unless otherwise provided in this chapter. This
573 subparagraph does not apply to an association governing a
574 timeshare condominium.
575 a. At least 60 days before a scheduled election, the
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576 association shall mail, deliver, or electronically transmit, by
577 separate association mailing or included in another association
578 mailing, delivery, or transmission, including regularly
579 published newsletters, to each unit owner entitled to a vote, a
580 first notice of the date of the election. A unit owner or other
581 eligible person desiring to be a candidate for the board must
582 give written notice of his or her intent to be a candidate to
583 the association at least 40 days before a scheduled election.
584 Together with the written notice and agenda as set forth in
585 subparagraph 3., the association shall mail, deliver, or
586 electronically transmit a second notice of the election to all
587 unit owners entitled to vote, together with a ballot that lists
588 all candidates not less than 14 days or more than 34 days before
589 the date of the election. Upon request of a candidate, an
590 information sheet, no larger than 8 1/2 inches by 11 inches,
591 which must be furnished by the candidate at least 35 days before
592 the election, must be included with the mailing, delivery, or
593 transmission of the ballot, with the costs of mailing, delivery,
594 or electronic transmission and copying to be borne by the
595 association. The association is not liable for the contents of
596 the information sheets prepared by the candidates. In order to
597 reduce costs, the association may print or duplicate the
598 information sheets on both sides of the paper. The division
599 shall by rule establish voting procedures consistent with this
600 sub-subparagraph, including rules establishing procedures for
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601 giving notice by electronic transmission and rules providing for
602 the secrecy of ballots. Elections shall be decided by a
603 plurality of ballots cast. There is no quorum requirement;
604 however, at least 20 percent of the eligible voters must cast a
605 ballot in order to have a valid election. A unit owner may not
606 authorize any other person to vote his or her ballot, and any
607 ballots improperly cast are invalid. A unit owner who violates
608 this provision may be fined by the association in accordance
609 withs. 718.303. A unit owner who needs assistance in casting
610 the ballot for the reasons stated ins. 101.051 may obtain such
611 assistance. The regular election must occur on the date of the
612 annual meeting. Notwithstanding this sub-subparagraph, an
613 election is not required unless more candidates file notices of
614 intent to run or are nominated than board vacancies exist.
615 b. Within 90 days after being elected or appointed to the
616 board of an association of a residential condominium, each newly
617 elected or appointed director shall certify in writing to the
618 secretary of the association that he or she has read the
619 association's declaration of condominium, articles of
620 incorporation, bylaws, and current written policies; that he or
621 she will work to uphold such documents and policies to the best
622 of his or her ability; and that he or she will faithfully
623 discharge his or her fiduciary responsibility to the
624 association's members. In lieu of this written certification,
625 within 90 days after being elected or appointed to the board,
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62 6 the newly elected or appointed director may submit a certificate
627 of having satisfactorily completed the educational curriculum
628 administered by a division-approved condominium education
629 provider within 1 year before or 90 days after the date of
630 election or appointment. The written certification or
631 educational certificate is valid and does not have to be
632 resubmitted as long as the director serves on the board without
633 interruption. A director of an association of a residential
634 condominium who fails to timely file the written certification
635 or educational certificate is suspended from service on the
636 board until he or she complies with this sub-subparagraph. The
637 board may temporarily fill the vacancy during the period of
638 suspension. The secretary shall cause the association to retain
639 a director's written certification or educational certificate
640 for inspection by the members for 5 years after a director's
641 election or the duration of the director's uninterrupted tenure,
642 whichever is longer. Failure to have such written certification
643 or educational certificate on file does not affect the validity
644 of any board action.
645 c. Any challenge to the election process must be commenced
646 within 60 days after the electibn results are announced.
647 5. Any approval by unit owners called for by this chapter
648 or the applicable declaration or bylaws, including, but not
649 limited to, the approval requirement ins. 718.111(8), must be
650 made at a duly noticed meeting of unit owners and is subject to
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651 all requirements of this chapter or the applicable condominium
652 documents relating to unit owner decisionmaking, except that
653 unit owners may take action by written agreement, without
654 meetings, on matters for which action by written agreement
655 without meetings is expressly allowed by the applicable bylaws
656 or declaration or any law that provides for such action.
657 6. Unit owners may waive notice of specific meetings if
658 allowed by the applicable bylaws or declaration or any law.
659 Notice of meetings of the board of administration, unit owner
660 meetings, except unit owner meetings called to recall board
661 members under paragraph (j), and committee meetings may be given
662 by electronic transmission to unit owners who consent to receive
663 notice by electronic transmission. A unit owner who consents to
664 receiving notices by electronic transmission is solely
665 responsible for removing or bypassing filters that block receipt
666 of mass e-mails emails sent to members on behalf of the
667 association in the course of giving electronic notices.
668 7. Unit owners have the right to participate in meetings
669 of unit owners with reference to all designated agenda items.
670 However, the association may adopt reasonable rules governing
671 the frequency, duration, and manner of unit owner participation.
672 8. A unit owner may tape record or videotape a meeting of
673 the unit owners subject to reasonable rules adopted by the
674 division.
675 9. Unless otherwise provided in the bylaws, any vacancy
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676 occurring on the board before the expiration of a term may be
677 filled by the affirmative vote of the majority of the remaining
678 directors, even if the remaining directors constitute less than
679 a quorum, or by the sole remaining director. In the alternative,
680 a board may hold an election to fill the vacancy, in which case
681 the election procedures must conform to sub-subparagraph 4.a.
682 unless the association governs 10 units or fewer and has opted
683 out of the statutory election process, in which case the bylaws
684 of the association control. Unless otherwise provided in the
685 bylaws, a board member appointed or elected under this section
686 shall fill the vacancy for the unexpired term of the seat being
687 filled. Filling vacancies created by recall is governed by
688 paragraph (j) and rules adopted by the division.
689 10. This chapter does not limit the use of general or
690 limited proxies, require the use of general or limited proxies,
691 or require the use of a written ballot or voting machine for any
692 agenda item or election at any meeting of a timeshare
693 condominium association or nonresidential condominium
694 association.
695
696 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
697 association of 10 or fewer units may, by affirmative vote of a
698 majority of the total voting interests, provide for different
699 voting and election procedures in its bylaws, which may be by a
700 proxy specifically delineating the different voting and election
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701 procedures. The different voting and election procedures may
702 provide for elections to be conducted by limited or general
703 proxy.
704 (i) Transfer fees.-An association may not fte charge a fee
705 shal l be made by the association or any body thereof in
706 connection with the sale, mortgage, lease, sublease, or other
707 transfer of a unit unless the association is required to approve
708 such transfer and a fee for such approval is provided for in the
709 declaration, articles, or bylaws. Any such fee may be preset,
710 but may not in no event may such fee exceed $150 ~ per
711 applicant. For the purpose of calculat i ng the fee, spouses or a
712 parent or parents and any dependent children other than
713 husband/wile or parent/eiepeneicnt child, which are considered one
714 applicant. However, if the lease or sublease is a renewal of a
715 lease or sublease with the same lessee or sublessee, a charge
716 may not no charge shall be made. Such fees must be adjusted
717 every 5 years in an amount equal to the total of the annual
718 increases occurring in the Consumer Price Index for All Urban
719 Consumers, U.S. City Average, All Items during that 5-year
720 period. The Department of Business and Professional Regulation
721 shall periodically calculate the fees, rounded to the nearest
722 dollar, and publish the amounts, as adjusted, on its website.
723 The foregoing notwithstanding, an association may, if the
724 authority to do so appears in the declaration, articles, or
725 bylaws, an association may require that a prospective lessee
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726 place a security deposit, in an amount not to exceed the
727 equivalent of 1 month's rent, into an escrow account maintained
728 by the association. The security deposit shall protect against
729 damages to the common elements or association property. Payment
730 of interest, claims against the deposit, refunds, and disputes
731 under this paragraph shall be handled in the same fashion as
732 provided in part II of chapter 83.
733 (j) Recall of board members.-Subject to s. 718.301, any
734 member of the board of administration may be recalled and
735 removed from office with or without cause by the vote or
736 agreement in writing by a majority of all the voting interests.
737 A special meeting of the unit owners to recall a member or
738 members of the board of administration may be called by 10
739 percent of the voting interests giving notice of the meeting as
740 required for a meeting of unit owners, and the notice shall
741 state the purpose of the meeting. Electronic transmission may
742 not be used as a method of giving notice of a meeting called in
743 whole or in part for this purpose.
744 1. If the recall is approved by a majority of all voting
745 interests by a vote at a meeting, the recall will be effective
746 as provided in this paragraph. The board shall duly notice and
747 hold a board meeting within 5 full business days after the
748 adjournment of the unit owner meeting to recall one or more
749 board members. Such member or members shall be recalled
750 effective immediately upon conclusion of the board meeting,
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751 provided that the recall is facially valid. A recalled member
752 must turn over to the board, within 10 full business days after
753 the vote, any and all records and property of the association in
754 their possession.
755 2. If the proposed recall is by an agreement in writing by
756 a majority of all voting interests, the agreement in writing or
757 a copy thereof shall be served on the association by certified
758 mail or by personal service in the manner authorized by chapter
759 48 and the Florida Rules of Civil Procedure. The board of
760 administration shall duly notice and hold a meeting of the board
7 61 within 5 full business days after receipt of the agreement in
762 writing. Such member or members shall be recalled effective
763 immediately upon the conclusion of the board meeting, provided
7 64 that the recall is facially valid. A recalled member must turn
765 over to the board, within 10 full business days, any and all
766 records and property of the association in their possession.
7 67 3. If the board fails to duly notice and hold a board
768 meeting within 5 full business days after service of an
769 agreement in writing or within 5 full business days after the
770 adjournment of the unit owner recall meeting, the recall is
771 shall be deemed effective and the board members so recalled
772 shall turn over to the board within 10 full business days after
773 the vote any and all records and property of the association.
774 4. If the board fails to duly notice and hold the required
775 meeting or at the conclusion of the meeting determines that the
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776 recall is not facially valid, the unit owner representative may
777 file a petition or court action under pursuant to s. 718.1255
778 challenging the board's failure to act or challenging the
779 board's .determination on facial validity. The petition or action
780 must be filed within 60 days after the expiration of the
781 applicable 5-full-business-day period. The review of a petition
782 or action under this subparagraph is limited to the sufficiency
783 of service on the board and the facial validity of the written
784 agreement or ballots filed.
785 5. If a vacancy occurs on the board as a result of a
786 recall or removal and less than a majority of the board members
787 are removed, the vacancy may be filled by the affirmative vote
788 of a majority of the remaining directors, notwithstanding any
789 provision to the contrary contained in this subsection. If
790 vacancies occur on the board as a result of a recall and a
791 majority or more of the board members are removed, the vacancies
792 shall be filled in accordance with procedural rules to be
793 adopted by the division, which rules need not be consistent with
794 this subsection. The rules must provide procedures governing the
795 conduct of the recall election as well as the operation of the
796 association during the period after a recall but before the
797 recall election.
798 6. A board member who has been recalled may file a
799 petition or court action under pursuant to s. 718.1255
800 challenging the validity of the recall. The petition or action
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801 must be filed within 60 days after the recall. The association
802 and the unit owner representative shall be named as the
803 respondents. The petition or action may challenge the facial
804 validity of the written agreement or ballots filed or the
805 substantial compliance with the procedural requirements for the
806 recall. If the arbitrator or court determines the recall was
807 invalid, the petitioning board member shall immediately be
808 reinstated and the recall is null and void. A board member who
809 is successful in challenging a recall is entitled to recover
810 reasonable attorney fees and costs from the respondents. The
811 arbitrator or court may award reasonable attorney fees and costs
812 to the respondents if they prevail, if the arbitrator or court
813 makes a finding that the petitioner's claim is frivolous.
814 7. The division or a court of competent jurisdiction may
815 not accept for filing a recall petition or court action, whether
816 filed under pursuant to subparagraph 1., subparagraph 2.,
817 subparagraph 4., or subparagraph 6.L when there are 60 or fewer
818 days until the scheduled reelection of the board member sought
819 to be recalled or when 60 or fewer days have elapsed since the
820 election of the board member sought to be recalled.
821 (k) Alternative dispute resolution ArbitratioB.-There must
822 shall be a provision for alternative dispute resolution
823 mandatory nonbinding arbitration as provided for ins. 718.1255
824 for any residential condominium.
825 (p) Service providers ; conflicts of iFJtereat . An
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826 associ ation , «hich is not a t imeshare condomi ni um associ a ti o n ,
827 may not employ or cont ract witl'=t any service provider that is
828 ~ m ed o r ope rated by a boa r d .membe r o r with any pe r son who has a
829 financia l relationship with a board member or officer, or a
830 r e l a ti ve with in t he thir d de gree o f con san gu i ni ty by blood or
831 ma rri age of a board member or of f icer. Th i s pa r agr aph docs no t
832 a p ply to a service provi der iTI ~;l=tich a board member or officer,
833 or a rel ati ve within the third degr ee o f con sa n gu i n ity by b l ood
834 o r ffl:arri agc of a boa r d ffiCffibc r o r off i cer, mms less t han 1
835 p er c e nt o f t he equ i ty s hares.
836 Section 5. Subsection (8) of section 718.113, Florida
837 Statutes, is amended to read:
838 718.113 Maintenance; limitation upon improvement; display
839 of flag; hurricane shutters and protection; display of religious
840 decorations.-
841 ( 8) The Legislature finds that the use of electric and
842 natural gas fuel vehicles conserves and protects the state's
843 environmental resources, provides significant economic savings
844 to drivers, and serves an important public interest. The
845 participation of condominium associations is essential to the
846 state's efforts to conserve and protect the state's
847 environmental resources and provide economic savings to drivers.
848 For purposes of this subsection, the term "natural gas fuel" has
849 the same meaning as ins. 206.9951, and the term "natural gas
850 fuel vehicle" means any motor vehicle, as defined ins. 320.01,
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851 that is powered by natural gas fuel. Therefore, the installation
852 of an electric vehicle charging station or a natural gas fuel
853 station shall be governed as follows:
854 (a) A declaration of condominium or restrictive covenant
855 may not prohibit or be enforced so as to prohibit any unit owner
856 from installing an electric vehicle charging station or a
857 natural gas fuel station within the boundaries of the unit
858 owner's limited common element or exclusively designated parking
859 area. The board of administration of a condominium association
860 may not prohibit a unit owner from installing an electric
861 vehicle charging station for an electric vehicle, as defined in
862 s. 320.01, or a natural gas fuel station for a natural gas fuel
863 vehicle within the boundaries of his or her limited common
864 element or exclusively designated parking area. The installation
865 of such charging or fuel stations are subject to the provisions
866 of this subsection.
867 (b) The installation may not cause irreparable damage to
868 the condominium property.
869 (c) The electricity for the electric vehicle charging
870 station or natural gas fuel station must be separately metered
871 or metered by an embedded meter and payable by the unit owner
872 installing such charging or fuel station or by his or her
873 successor.
874 (d) The cost for supply and storage of the natural gas
875 fuel must be paid by the unit owner installing the natural gas
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876 fuel station or by his or her successor.
877 J...§1-te+ The unit owner who is installing an electric
878 vehicle charging station or a natural gas fuel station is
879 responsible for the costs of installation, operation,
880 maintenance, and repair, including, but not limited to, hazard
881 and liability insurance. The association may enforce payment of
882 such costs under pursuant to s. 718.116.
883 l!l_-te+ If the unit owner or his or her successor decides
884 there is no longer a need for the electric eleetronie vehicle
885 charging station or natural gas fuel station, such person is
886 responsible for the cost of removal of such the electronic
887 vehicle charging or fuel station. The association may enforce
888 payment of such costs under pursuant to s. 718.116.
889 (g) The unit owner installing, maintaining, or removing
890 the electric vehicle charging station or natural gas fuel
891 s t ation is responsibl e for complying with all federal, state, or
892 local laws and regulations applicable to such installation,
893 maintenance, or removal.
894 J.bl-f4+ The association may require the unit owner to:
895 1. Comply with bona fide safety requirements, consistent
896 with applicable building codes or recognized safety standards,
897 for the protection of persons and property.
898 2. Comply with reasonable architectural standards adopted
899 by the association that govern the dimensions, placement, or
900 external appearance of the electric vehicle charging station or
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901 natural gas fuel station, provided that such standards may not
902 prohibit the installation of such charging or fuel station or
903 substantially increase the cost thereof.
904 3. Engage the services of a licensed and registered firm
905 electrical contractor or engineer familiar with the installation
906 or removal and core requirements of an electric vehicle charging
907 station or a natural gas fuel station.
908 4. Provide a certificate of insurance naming the
909 association as an additional insured on the owner's insurance
910 policy for any claim related to the installation, maintenance,
911 or use of the electric vehicle charging station or natural gas
912 fuel station within 14 days after receiving the association's
913 approval to install such charging or fuel station or notice to
914 provide such a certificate.
915 5. Reimburse the association for the actual cost of any
916 increased insurance premium amount attributable to the electric
917 vehicle charging station or natural gas fuel station within 14
918 days after receiving the association's insurance premium
919 invoice.
920 Jil~ The association provides an implied easement across
921 the common elements of the condominium property to the unit
922 owner for purposes of t he i ns tall a ti on of the electric vehicle
923 charging station or natural gas fuel station installation, and
924 the furnishing of electrical power or natural gas fuel supply,
925 including any necessary equipment, to such charging or fuel
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926 station, subject to the requirements of this subsection.
927 Section 6. Subsection (16) of section 718.117, Florida
928 Statutes, is amended to read:
929 718.117 Termination of condominium.-
930 (16) RIGHT TO CONTEST.-A unit owner or lienor may contest
931 a plan of termination by initiating a petition in accordance
932 with for mandatory noAbinding arbitration pursuant to s.
933 718.1255 within 90 days after the date the plan is recorded. A
934 unit owner or lienor may only contest the fairness and
935 reasonableness of the apportionment of the proceeds from the
936 sale among the unit owners, that the liens of the first
937 mortgages of unit owners other than the bulk owner have not or
938 will not be satisfied to the extent required by subsection (3),
939 or that the required vote to approve the plan was not obtained.
940 A unit owner or lienor who does not contest the plan within the
941 90-day period is barred from asserting or prosecuting a claim
942 against the association, the termination trustee, any unit
943 owner, or any successor in interest to the condominium property.
944 In an action contesting a plan of termination, the person
945 contesting the plan has the burden of pleading and proving that
946 the apportionment of the proceeds from the sale among the unit
947 owners was not fair and reasonable or that the required vote was
948 not obtained. The apportionment of sale proceeds is presumed
949 fair and reasonable if it was determined pursuant to the methods
950 prescribed in subsection (12). If the petition is filed with the
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951 division for arbitration, the arbitrator shall determine the
952 rights and interests of the parties in the apportionment of the
953 sale proceeds. If the arbitrator determines that the
954 apportionment of sales proceeds is not fair and reasonable, the
955 arbitrator may void the plan or may modify the plan to apportion
956 the proceeds in a fair and reasonable manner pursuant to this
957 section based upon the proceedings and order the modified plan
958 of termination to be implemented. If the arbitrator determines
959 that the plan was not properly approved, or that the procedures
960 to adopt the plan were not properly followed, the arbitrator may
961 void the plan or grant other relief it deems just and proper.
962 The arbitrator shall automatically void the plan upon a finding
963 that any of the disclosures required in subparagraph (3) (c)5.
964 are omitted, misleading, incomplete, or inaccurate. Any
965 challenge to a plan, other than a challenge that the required
966 vote was not obtained, does not affect title to the condominium
967 property or the vesting of the condominium property in the
968 trustee, but shall only be a claim against the proceeds of the
969 plan. In any such action, the prevailing party shall recover
970 reasonable attorney fees and costs.
971 Section 7. Subsections (2) and (4) of section 718.121,
972 Florida Statutes, are amended to read:
973 718.121 Liens.-
974 (2) Labor performed on or materials furnished to a unit
975 may shall not be the basis for the filing of a lien under
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976 pursuant to part I of chapter 713, the Construction Lien Law,
977 against the unit or condominium parcel of any unit owner not
978 expressly consenting to or requesting the labor or materials.
979 Labor performed on or materials furnished for the installation
980 of a natural gas fuel station or an electric electronic vehicle
981 charging station under pursuant to s. 718.113(8) may not be the
982 basis for filing a lien under part I of chapter 713 against the
983 association, but such a lien may be filed against the unit
984 owner. Labor performed on or materials furnished to the common
985 elements are not the basis for a lien on the common elements,
986 but if authorized by the association, the labor or materials are
987 deemed to be performed or furnished with the express consent of
988 each unit owner and may be the basis for the filing of a lien
989 against all condominium parcels in the proportions for which the
990 owners are liable for common expenses.
991 (4) Except as otherwise provided in this chapter, no lien
992 may be filed by the association against a condominium unit until
993 30 days after the date on which a notice of intent to file a
994 lien has been delivered to the owner by registered or certified
995 mail, return receipt requested, and by first-class United States
996 mail to the owner at his or her last address as reflected in the
997 records of the association, if the address is within the United
998 States, and delivered to the owner at the address of the unit if
999 the owner's address as reflected in the records of the
1000 association is not the unit address. If the address reflected in
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1001 the records is outside the United States, sending the notice to
1002 that address and to the unit address by first-class United
1003 States mail is sufficient. Delivery of the Notice is shall be
1004 deemed to have been delivered given upon mailing as required by
1005 this subsection , provided that it is . The notice must be in
1006 substantially the following form:
1007
1008 NOTICE OF INTENT
1009 TO RECORD A CLAIM OF LIEN
1010
1011 RE: Unit .... of ... (name of association) ...
1012
1013 The following amounts are currently due on your
1014 account to ... (name of association) ... , and must be
1015 paid within 30 days after your receipt of this letter.
1016 This letter shall serve as the association's notice of
1017 intent to record a Claim of Lien against your property
1018 no sooner than 30 days after your receipt of this
1019 letter, unless you pay in full the amounts set forth
1020 below:
1021
1022 Maintenance due ... (dates) ... $ .... .
1023 Late fee, if applicable $ .... .
1024 Interest through ... (dates) ... * $ .... .
1025 Certified mail charges ... (dates) ... $ .••.•
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1026 Other costs $ .....
1027 TOTAL OUTSTANDING $ ••.••
1028
1029 *Interest accrues at the rate of .... percent per annum.
1030 Section 8. Section 718.1255, Florida Statutes, is amended
1031 to read:
1032 718.1255 Alternative dispute resolution; voluntary
1033 mediation; mandatory nonbinding arbitration; legislative
1034 findings.-
1035 (1) DEFINITIONS.-As used in this section, the term
1036 "dispute" means any disagreement between two or more parties
1037 that involves:
1038 (a) The authority of the board of directors, under this
1039 chapter or association documentL to:
1040 1. Require any owner to take any action, or not to take
1041 any action, involving that owner's unit or the appurtenances
1042 thereto.
1043 2. Alter or add to a common area or element.
1044 (b) The failure of a governing body, when required by this
1045 chapter or an association document, to:
1046 1. Properly conduct elections.
1047 2. Give adequate notice of meetings or other actions.
1048 3. Properly conduct meetings.
1049 4. Allow inspection of books and records.
1050 (c) A plan of termination pursuant to s. 718.117.
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1051
1052 "Dispute" does not include any disagreement that primarily
1053 involves: title to any unit or common element; the
1054 interpretation or enforcement of any warranty; the levy of a fee
1055 or assessment, or the collection of an assessment levied against
1056 a party; the eviction or other removal of a tenant from a unit;
1057 alleged breaches of fiduciary duty by one or more directors; or
1058 claims for damages to a unit based upon the alleged failure of
1059 the association to maintain the common elements or condominium
1060 property.
1061 (2) VOLUNTARY MEDIATION. Voluntary Mediation through
1062 Citizen Dispute Settlement Centers as provided for ins. 44.201
1063 is encouraged.
1064 (3) LEGISLATIVE FINDINGS.-
1065 (a) The Legislature finds that unit owners are frequently
1066 at a disadvantage when litigating against an association.
1067 Specifically, a condominium association, with its statutory
1068 assessment authority, is often more able to bear the costs and
1069 expenses of litigation than the unit owner who must rely on his
1070 or her own financial resources to satisfy the costs of
1071 litigation against the association.
1072 (b) The Legislature finds that alternative dispute
1073 resolution has been making progress in reducing court dockets
1074 and trials and in offering a more efficient, cost-effective
1075 option to court litigation. However, the Legislature also finds
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1076 that alternative dispute resolution should not be used as a
1077 mechanism to encourage the filing of frivolous or nuisance
1078 suits.
1079 (c) There exists a need to develop a flexible means of
1080 alternative dispute resolution that directs disputes to the most
1081 efficient means of resolution.
1082 (d) The high cost and significant delay of circuit court
1083 litigation faced by unit owners in the state can be alleviated
1084 by requiring nonbinding arbitration and mediation in appropriate
1085 cases, thereby reducing delay and attorney attorney's fees while
1086 preserving the right of either party to have its case heard by a
1087 jury, if applicable, in a court of law.
1088 (4) HANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1089 DISPUTES.-The Division of Florida Condominiums, Timeshares, and
1090 Mobile Homes of the Department of Business and Professional
1091 Regulation may employ full-time attorneys to act as arbitrators
1092 to conduct the arbitration hearings provided by this chapter.
1093 The division may also certify attorneys who are not employed by
1094 the division to act as arbitrators to conduct the arbitration
1095 hearings provided by this chapter.~ Ne person may not be
1096 employed by the department as a full-time arbitrator unless he
1097 or she is a member in good standing of The Florida Bar. A person
1098 may only be certified by the division to act as an arbitrator if
1099 he or she has been a member in good standing of The Florida Bar
1100 for at least 5 years and has mediated or arbitrated at least 10
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1101 disputes involving condominiums in this state during the 3 years
1102 immediately preceding the date of application, mediated or
1103 arbitrated at least 30 disputes in any subject area in this
1104 state during the 3 years immediately preceding the date of
1105 application, or attained board certification in real estate law
1106 or condominium and planned development law from The Florida Bar.
1107 Arbitrator certification is valid for 1 year. An arbitrator who
1108 does not maintain the minimum qualifications for initial
1109 certification may not have his or her certification renewed. The
1110 department may not enter into a legal services contract for an
1111 arbitration hearing under this chapter with an attorney who is
1112 not a certified arbitrator unless a certified arbitrator is not
1113 available within 50 miles of the dispute. The department shall
1114 adopt rules of procedure to govern such arbitration hearings
1115 including mediation incident thereto. The decision of an
1116 arbitrator is shall be final; however, a decision is shall not
1117 be deemed final agency action. Nothing in this provision shall
1118 be construed to foreclose parties from proceeding in a trial de
1119 novo unless the parties have agreed that the arbitration is
1120 binding. If judicial proceedings are initiated, the final
1121 decision of the arbitrator is shall be admissible in evidence in
1122 the trial de novo.
1123 (a) Before Prior to the institution of court litigation, a
1124 party to a dispute, other than an election or recall dispute,
1125 shall either petition the division for nonbinding arbitration or
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1126 initiate presuit mediation as provided in subsection (5) .
1127 Arbitration is binding on the parties if all parties in
1128 arbitration agree to be bound in a writing filed in arbitration.
1129 The petition must be accompanied by a filing fee in the amount
1130 of $50. Filing fees collected under this section must be used to
1131 defray the expenses of the alternative dispute resolution
1132 program.
1133 (b) The petition must recite, and have attached thereto,
1134 supporting proof that the petitioner gave the respondents:
1135 1. Advance written notice of the specific nature of the
1136 dispute;
1137 2. A demand for relief, and a reasonable opportunity to
1138 comply or to provide the relief; and
1139 3. Notice of the intention to file an arbitration petition
1140 or other legal action in the absence of a resolution of the
1141 dispute.
1142
1143 Failure to include the allegations or proof of compliance with
1144 these prerequisites requires dismissal of the petition without
1145 prejudice.
1146 (c) Upon receipt, the petition shall be promptly reviewed
1147 by the division to determine the existence of a dispute and
1148 compliance with the requirements of paragraphs (a) and (b). If
1149 emergency relief is required and is not available through
1150 arbitration, a motion to stay the arbitration may be filed. The
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1151 motion must be accompanied by a verified petition alleging facts
1152 that, if proven, would support entry of a temporary injunction,
1153 and if an appropriate motion and supporting papers are filed,
1154 the division may abate the arbitration pending a court hearing
1155 and disposition of a motion for temporary injunction.
1156 (d) Upon determination by the division that a dispute
1157 exists and that the petition substantially meets the
1158 requirements of paragraphs (a) and (b) and any other applicable
1159 rules, the division shall assign or enter into a contract with
1160 an arbitrator and serve a copy of the petition upon all
1161 respondents. The arbitrator shall conduct a hearing within 30
1162 days after being assigned or entering into a contract unless the
1163 petition is withdrawn or a continuance is granted for good cause
1164 shown.
1165 (e) Before or after the filing of the respondents' answer
1166 to the petition, any party may request that the arbitrator refer
1167 the case to mediation under this section and any rules adopted
1168 by the division. Upon receipt of a request for mediation, the
1169 division shall promptly contact the parties to determine if
1170 there is agreement that mediation would be appropriate. If all
1171 parties agree, the dispute must be referred to mediation.
1172 Notwithstanding a lack of an agreement by all parties, the
1173 arbitrator may refer a dispute to mediation at any time.
1174 (f) Upon referral of a case to mediation, the parties must
1175 select a mutually acceptable mediator. To assist in the
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1176 selection, the arbitrator shall provide the parties with a list
1177 of both volunteer and paid mediators that have been certified by
1178 the division under s. 718.501. If the parties are unable to
1179 agree on a mediator within the time allowed by the arbitrator,
1180 the arbitrator shall appoint a mediator from the list of
1181 certified mediators. If a case is referred to mediation, the
1182 parties shall attend a mediation conference, as scheduled by the
1183 parties and the mediator. If any party fails to attend a duly
1184 noticed mediation conference, without the permission or approval
1185 of the arbitrator or mediator, the arbitrator must impose
1186 sanctions agains~ the party, including the striking of any
1187 pleadings filed, the entry of an order of dismissal or default
1188 if appropriate, and the award of costs and attorney fees
1189 incurred by the other parties. Unless otherwise agreed to by the
1190 parties or as provided by order of the arbitrator, a party is
1191 deemed to have appeared at a mediation conference by the
1192 physical presence of the party or its representative having full
1193 authority to settle without further consultation, provided that
1194 an association may comply by having one or more representatives
1195 present with full authority to negotiate a settlement and
1196 recommend that the board of administration ratify and approve
1197 such a settlement within 5 days from the date of the mediation
1198 conference. The parties shall share equally the expense of
1199 mediation, unless they agree otherwise.
1200 (g) The purpose of mediation as provided for by this
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1201 section is to present the parties with an opportunity to resolve
1202 the underlying dispute in good faith, and with a minimum
1203 expenditure of time and resources.
1204 (h) Mediation proceedings must generally be conducted in
1205 accordance with the Florida Rules of Civil Procedure, and these
1206 proceedings are privileged and confidential to the same extent
1207 as court-ordered mediation. Persons who are not parties to the
1208 dispute are not allowed to attend the mediation conference
1209 without the consent of all parties, with the exception of
1210 counsel for the parties and corporate representatives designated
1211 to appear for a party. If the mediator declares an impasse after
1212 a mediation conference has been held, the arbitration proceeding
1213 terminates, unless all parties agree in writing to continue the
1214 arbitration proceeding, in which case the arbitrator's decision
1215 shall be binding or nonbinding, as agreed upon by the parties;
1216 in the arbitration proceeding, the arbitrator shall not consider
1217 any evidence relating to the unsuccessful mediation except in a
1218 proceeding to impose sanctions for failure to appear at the
1219 mediation conference. If the parties do not agree to continue
1220 arbitration, the arbitrator shall enter an order of dismissal,
1221 and either party may institute a suit in a court of competent
1222 jurisdiction. The parties may seek to recover any costs and
1223 attorney fees incurred in connection with arbitration and
1224 mediation proceedings under this section as part of the costs
1225 and fees that may be recovered by the prevailing party in any
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1226 subsequent litigation.
1227 (i) Arbitration shall be conducted according to rules
1228 adopted by the division. The filing of a petition for
1229 arbitration shall toll the applicable statute of limitations.
1230 (j) At the request of any party to the arbitration, the
1231 arbitrator shall issue subpoenas for the attendance of witnesses
1232 and the production of books, records, documents, and other
1233 evidence and any party on whose behalf a subpoena is issued may
1234 apply to the court for orders compelling such attendance and
1235 production. Subpoenas shall be served and shall be enforceable
1236 in the manner provided by the Florida Rules of Civil Procedure.
1237 Discovery may, in the discretion of the arbitrator, be permitted
1238 in the manner provided by the Florida Rules of Civil Procedure.
1239 Rules adopted by the division may authorize any reasonable
1240 sanctions except contempt for a violation of the arbitration
1241 procedural rules of the division or for the failure of a party
1242 to comply with a reasonable nonfinal order issued by an
1243 arbitrator which is not under judicial review.
1244 (k) The arbitration decision shall be rendered within 30
1245 days after the hearing and presented to the parties in writing.
1246 An arbitration decision is final in those disputes in which the
1247 parties have agreed to be bound. An arbitration decision is also
1248 final if a complaint for a trial de novo is not filed in a court
1249 of competent jurisdiction in which the condominium is located
1250 within 30 days. The right to file for a trial de novo entitles
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1251 the parties to file a complaint in the appropriate trial court
1252 for a judicial resolution of the dispute. The prevailing party
1253 in an arbitration proceeding shall be awarded the costs of the
1254 arbitration and reasonable attorney fees in an amount determined
1255 by the arbitrator. Such an award shall include the costs and
1256 reasonable attorney fees incurred in the arbitration proceeding
1257 as well as the costs and reasonable attorney fees incurred in
1258 preparing for and attending any scheduled mediation. An
1259 arbitrator's failure to render a written decision within 30 days
1260 after the hearing may result in the cancellation of his or her
1261 arbitration certification.
1262 (1) The party who files a complaint for a trial de nova
1263 shall be assessed the other party's arbitration costs, court
1264 costs, and other reasonable costs, including attorney fees,
1265 investigation expenses, and expenses for expert or other
1266 testimony or evidence incurred after the arbitration hearing if
1267 the judgment upon the trial de nova is not more favorable than
1268 the arbitration decision. If the judgment is more favorable, the
1269 party who filed a complaint for trial de nova shall be awarded
1270 reasonable court costs and attorney fees.
1271 (m) Any party to an arbitration proceeding may enforce an
1272 arbitration award by filing a petition in a court of competent
1273 jurisdiction in which the condominium is located. A petition may
1274 not be granted unless the time for appeal by the filing of a
1275 complaint for trial de nova has expired. If a complaint for a
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1276 trial de novo has been filed, a petition may not be granted with
1277 respect to an arbitration award that has been stayed. If the
1278 petition for enforcement is granted, the petitioner shall
1279 recover reasonable attorney fees and costs incurred in enforcing
1280 the arbitration award. A mediation settlement may also be
1281 enforced through the county or circuit court, as applicable, and
1282 any costs and fees incurred in the enforcement of a settlement
1283 agreement reached at mediation must be awarded to the prevailing
1284 party in any enforcement action.
1285 (5) PRESUIT MEDIATION.-In lieu of the initiation of
1286 nonbinding arbitration as provided in subsections (1)-(4), a
1287 party may submit a dispute to presuit mediation in accordance
1288 withs. 720.311; however, election and recall disputes are not
1289 eligible for mediation and such disputes must be arbitrated by
1290 the division or filed in a court of competent jurisdiction.
1291 J...§1 DISPUTES INVOLVING ELECTION IRREGULARITIES.-Every
1292 arbitration petition received by the division and required to be
1293 filed under this section challenging the legality of the
1294 election of any director of the board of administration must be
1295 handled on an expedited basis in the manner provided by the
1296 division's rules for recall arbitration disputes.
1297 J..2.l-f-6+ APPLICABILITY.-This section does not apply to a
1298 nonresidential condominium unless otherwise specifically
1299 provided for in the declaration of the nonresidential
1300 condominium.
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1301 Section 9. Section 718.1265, Florida Statutes, is amended
1302 to read:
1303 718.1265 Association emergency powers.-
1304 (1) To the extent allowed by lawL afi€i unless specifically
1305 prohibited by the declaration of condominium, the articles, or
1306 the bylaws of an association, and consistent with the provisions
1307 ~ s. 617.0830, the board of administration, in response to
1308 damage or inj ury caused by or anticipated in connection with an
1309 emergency, as defined ins. 252.34(4), event for which a state
1310 of emergency is declared pursuant to s. 252.36 in the locale in
1311 which the condominium is located, may, but i s not re quire d t o,
1312 exercise the following powers:
1313 (a) Conduct board meeting s , committee meetings, elections,
1314 and membership meetings, in whole or in part, by telephone,
1315 real-time videoconferencing, or similar real-time electronic or
1316 video communication with notice given as is practicable. Such
1317 notice may be given in any practicable manner, including
1318 publication, radio, United States mail, the Internet, electronic
1319 transmission, public service announcements, and conspicuous
1320 posting on the condominium property or association property or
1321 any other means the board deems reasonable under the
1322 circumstances. Notice of board decisions also may be
1323 communicated as provided in this paragraph.
1324 (b) Cancel and reschedule any association meeting.
1325 (c) Name as assistant officers persons who are not
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1326 directors, which assistant officers shall have the same
1327 authority as the executive officers to whom they are assistants
1328 during the state of emergency to accommodate the incapacity or
1329 unavailability of any officer of the association.
1330 (d) Relocate the association's principal office or
1331 designate alternative principal offices.
1332 (e) Enter into agreements with local counties and
1333 municipalities to assist counties and municipalities with debris
1334 removal.
1335 (f) Implement a disaster plan or an emergency plan beforeL
1336 during, or i:mmcdiatcly following the event for which a state of
1337 emergency is declared which may include, but is not limited to,
1338 shutting down or off elevators; electricity; water, sewer, or
1339 security systems; or air conditioners.
1340 (g) Based upon advice of emergency management officials or
1341 public health officials, or upon the advice of licensed
1342 professionals retained by or otherwise available to the board,
1343 determine any portion of the condominium property or association
1344 property unavailable for entry or occupancy by unit owners,
1345 family members, tenants, guests, agents, or invitees to protect
1346 the health, safety, or welfare of such persons.
1347 (h) Require the evacuation of the condominium property in
1348 the event of a mandatory evacuation order in the locale in which
1349 the condominium is located. Should any unit owner or other
1350 occupant of a condominium fail or refuse to evacuate the
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1351 condominium property or association property where the board has
1352 required evacuation, the association shall be immune from
1353 liability or injury to persons or property arising from such
1354 failure or refusal.
1355 (i) Based upon advice of emergency management officials or
1356 public health officials, or upon the advice of licensed
1357 professionals retained by or otherwise available to the board,
1358 determine whether the condominium property, association
1359 property, or any portion thereof can be safely inhabitedL
1360 accessed, or occupied. However, such determination is not
1361 conclusive as to any determination of habitability pursuant to
1362 the declaration.
1363 (j) Mitigate further damage, injury, or contagion,
1364 including taking action to contract for the removal of debris
1365 and to prevent or mitigate the spread of fungus or contagion,
1366 including, but not limited to, mold or mildew, by removing and
1367 disposing of wet drywall, insulation, carpet, cabinetry, or
1368 other fixtures on or within the condominium property, even if
1369 the unit owner is obligated by the declaration or law to insure
1370 or replace those fixtures and to remove personal property from a
1371 unit.
1372 (k) Contract, on behalf of any unit owner or owners, for
1373 items or services for which the owners are otherwise
1374 individually responsible, but which are necessary to prevent
1375 further injury, contagion, or damage to the condominium property
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1376 or association property. In such event, the unit owner or owners
1377 on whose behalf the board has contracted are responsible for
1378 reimbursing the association for the actual costs of the items or
1379 services, and the association may use its lien authority
1380 provided bys. 718.116 to enforce collection of the charges.
1381 Without limitation, such items or services may include the
1382 drying of units, the boarding of broken windows or doors, a-Ra
1383 the replacement of damaged air conditioners or air handlers to
1384 provide climate control in the units or other portions of the
1385 property, and the sanitizing of the condominium property or
1386 association property, as applicable.
1387 (1) Regardless of any provision to the contrary and even
1388 if such authority does not specifically appear in the
1389 declaration of condominium, articles, or bylaws of the
1390 association, levy special assessments without a vote of the
1391 owners.
1392 (m) Without unit owners' approval, borrow money and pledge
1393 association assets as collateral to fund emergency repairs and
1394 carry out the duties of the association when operating funds are
1395 insufficient. This paragraph does not limit the general
1396 authority of the association to borrow money, subject to such
1397 restrictions as are contained in the declaration of condominium,
1398 articles, or bylaws of the association.
1399 (2) The special powers authorized under subsection (1)
1400 shall be limited to that time reasonably necessary to protect
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1401 the health, safety, and welfare of the association and the unit
1402 owners and the unit owners' family members, tenants, guests,
1403 agents, or invitees and shall be reasonably necessary to
1404 mitigate further damage, injury, or contagion and make emergency
1405 repairs.
1406 (3) Notwithstanding paragraphs (1) (f)-(i), during a state
1407 of emergency declared by executive order or proclamation of the
1408 Governor pursuant to s. 252.36, an association may not prohibit
1409 unit owners, tenants, guests, agents, or invitees of a unit
1410 owner from accessing the unit and the common elements and
1411 limited common elements appurtenant thereto for the purposes of
1412 ingress to and egress from the unit and when access is necessary
1413 in connection with:
1414 (a) The sale, lease, or other transfer of title of a unit;
1415 or
1416 (b) The habitability of the unit or for the health and
1417 safety of such person unless a governmental order or
1418 determination, or a public health directive from the Centers for
1419 Disease Control and Prevention, has been issued prohibiting such
1420 access to the unit. Any such access is subject to reasonable
1421 restrictions adopted by the association.
1422 Section 10. Subsection (3) of section 718.202, Florida
1423 Statutes, is amended to read:
1424 718.202 Sales or reservation deposits prior to closing.-
1425 (3) If the contract for sale of the condominium unit so
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1426 provides, the developer may withdraw escrow funds in excess of
1427 10 percent of the purchase price from the special account
1428 required by subsection (2) when the construction of improvements
1429 has begun. He or she may use the funds for the actual costs
1430 incurred by the developer in the actual construction and
1431 development of the condominium property in which the unit to be
1432 sold is located. For purposes of this subsection, the term
1433 "actual costs" includes, but is not limited to, expenditures for
1434 demolition, site clearing, permit fees, impact fees, and utility
1435 reservation fees, as well as architectural, engineering, and
1436 surveying fees that directly relate to construction and
1437 development of the condominium property. However, no part of
1438 these funds may be used for salaries, commissions, or expenses
1439 of salespersons~ e-r- for advertising, marketing, or promotional
1440 purposes; or for loan fees and costs, principal and interest on
1441 loans, attorney fees, accounting fees, or insurance costs. A
1442 contract which permits use of the advance payments for these
1443 purposes shall include the following legend conspicuously
1444 printed or stamped in boldfaced type on the first page of the
1445 contract and immediately above the place for the signature of
1446 the buyer: ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE
1447 PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS
1448 CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER.
1449 Section 11. Subsection (1) and paragraph (b) of subsection
1450 (3) of section 718.303, Florida Statutes, are amended to read:
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1451 718.303 Obligations of owners and occupants; remedies.-
1452 (1) Each unit owner, e-aeft tenant and other invitee, and
1453 e-aeft association is governed by, and must comply with the
1454 provisions of, this chapter, the declaration, the documents
1455 creating the association, and the association bylaws which are
1456 shall be deemed expressly incorporated into any lease of a unit.
1457 Actions at law or in equit y for damages or for injunc tive
1458 relief, or both, for failure to comply with these provisions may
1459 be brought by the association or by a unit owner against:
1460 (a) The association.
1461 (b) A unit owner.
1462 (c) Directors designated by the developer, for actions
1463 taken by them before control of the association is assumed by
1464 unit owners other than the developer.
1465 (d) Any director who willfully and knowingly fails to
1466 comply with these provisions.
1467 (e) Any tenant leasing a unit, and any other invitee
1468 occupying a unit.
1469
1470 The prevailing party in any such action or in any action in
1471 which the purchaser claims a right of voidability based upon
1472 contractual provisions as required ins. 718.503(1) (a) is
1473 entitled to recover reasonable attorney attorney's fees. A unit
1474 owner prevailing in an action between the association and the
1475 unit owner under this subsection section, in addition to
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1476 recovering his or her reasonable attorney attorney's fees, may
1477 recover additional amounts as determined by the court to be
1478 necessary to reimburse the unit owner for his or her share of
1479 assessments levied by the association to fund its expenses of
1480 the litigation. This relief does not exclude other remedies
1481 provided by law. Actions arising under this subsection are not
1482 considered may net be de eme d t o b e actions for specific
1483 performance.
1484 (3) The association may levy reasonable fines for the
1485 failure of the owner of the unit or its tenant occupant,
1486 licensee, or invitee to comply with any provision of the
1487 declaration, the association bylaws, or reasonable rules of the
1488 association. A fine may not become a lien against a unit. A fine
1489 may be levied by the board on the basis of each day of a
1490 continuing violation, with a single notice and opportunity for
1491 hearing before a committee as provided in paragraph (b).
1492 However, the fine may not exceed $100 per violation, or $1,000
1493 in the aggregate.
1494 (b) A fine or suspension levied by the board of
1495 administration may not be imposed unless the board first
1496 provides at least 14 days' written notice to the unit owner and,
1497 if applicable, any tenant occupant, licensee, or invitee of the
1498 unit owner sought to be fined or suspended, and an opportunity
1499 for a hearing before a committee of at least three members
1500 appointed by the board who are not officers, directors, or
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1501 employees of the association, or the spouse, parent, child,
1502 brother, or sister of an officer, director, or employee. The
1503 role of the committee is limited to determining whether to
1504 confirm or reject the fine or suspension levied by the board. If
1505 the committee does not approve the proposed fine or suspension
1506 by majority vote, the fine or suspension may not be imposed. If
1507 the proposed fine or suspension is approved by the committee,
1508 the fine payment is due 5 days after notice of the approved fine
1509 is provided to the unit owner and, if applicable, to any tenant,
1510 licensee, or invitee of the unit owner the date of the eofflffl:ittee
1511 meeting at which the f i ne is approved. The association must
1512 provide written notice of such fine or suspension by mail or
1513 hand delivery to the unit owner and, if applicable, to any
1514 tenant, licensee, or invitee of the unit owner.
1515 Section 12. Subsection (5) is added to section 718.405,
1516 Florida Statutes, to read:
1517 718.405 Multicondominiums; multicondominium associations.-
1518 (5) This section does not prevent or restrict a
1519 multicondominium association from adopting a consolidated or
1520 combined declaration of condominium if such declaration complies
1521 withs. 718.104 and does not serve to merge the condominiums or
1522 change the legal descriptions of the condominium parcels as set
1523 forth ins. 718.109, unless accomplished in accordance with law.
1524 This subsection is intended to clarify existing law and applies
1525 to associations existing on July 1, 2021.
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1526 Section 13. Paragraph (1) of subsection (1) of section
1527 718.501, Florida Statutes, is amended to read:
1528 718.501 Authority, responsibility, and duties of Division
1529 of Florida Condominiums, Timeshares, and Mobile Homes.-
1530 (1) The division may enforce and ensure compliance with
1531 the provLsions of this chapter and rules relating to the
1532 development, construction, sale, lease, ownership, operation,
1533 and management of residential condominium units. In performing
1534 its duties, the division has complete jurisdiction to
1535 investigate complaints and enforce compliance with respect to
1536 associations that are still under developer control or the
1537 control of a bulk assignee or bulk buyer pursuant to part VII of
1538 this chapter and complaints against developers, bulk assignees,
1539 or bulk buyers involving improper turnover or failure to
1540 turnover, pursuant to s. 718.301. However, after turnover has
1541 occurred, the division has jurisdiction to investigate
1542 complaints related only to financial issues, elections, and the
1543 maintenance of and unit owner access to association records
1544 under pursuant to s. 718.111(12).
1545 (1) The division shall develop a program to certify both
1546 volunteer and paid mediators to provide mediation of condominium
1547 disputes. The division shall provide, upon request, a list of
1548 such mediators to any association, unit owner, or other
1549 participant in alternative dispute resolution arbitration
1550 proceedings under s. 718.1255 requesting a copy of the list. The
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1551 division shall include on the list of volunteer mediators only
1552 the names of persons who have received at least 20 hours of
1553 training in mediation techniques or who have mediated at least
1554 20 disputes. In order to become initially certified by the
1555 division, paid mediators must be certified by the Supreme Court
1556 to mediate court cases in county or circuit courts. However, the
1557 division may adopt, by rule, additional factors for the
1558 certification of paid mediators, which must be related to
1559 experience, education, or background. Any person initially
1560 certified as a paid mediator by the division must, in order to
1561 continue to be certified, comply with the factors or
1562 requirements adopted by rule.
1563 Section 14. Section 718.5014, Florida Statutes, is amended
1564 to read:
1565 718.5014 Ombudsman location.-The ombudsman shall maintain
1566 his or her principal office in~ Leon County on the premises of
1567 the division or , if suitable opaoe cannot be provided there, at
1568 another place convenient to the offices of the division which
1569 will enable the ombudsman to expeditiously carry out the duties
1570 and functions of his or her office. The ombudsman may establish
1571 branch offices elsewhere in the state upon the concurrence of
1572 the Governor.
1573 Section 15. Subsection (25) of section 719.103, Florida
1574 Statutes, is amended to read:
1575 719.103 Definitions.-As used in this chapter:
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1576 (25) "Unit" means a part of the cooperative property which
1577 is subject to exclusive use and possession. A unit may be
1578 improvements, land, or land and improvements together, as
1579 specified in the cooperative documents. An interest in a unit is
1580 an interest in real property.
1581 Section 16. Paragraph (c) of subsection (2) of section
1582 719.104, Florida Statutes, is amended to read:
1583 719.104 Cooperatives; access to units; records; financial
1584 reports; assessments; purchase of leases.-
1585 (2) OFFICIAL RECORDS.-
1586 (c) The official records of the association are open to
1587 inspection by any association member or the authorized
1588 representative of such member at all reasonable times. The right
1589 to inspect the records includes the right to make or obtain
1590 copies, at the reasonable expense, if any, of the association
1591 member. The association may adopt reasonable rules regarding the
1592 frequency, time, location, notice, and manner of record
1593 inspections and copying, but may not require a member to
1594 demonstrate any purpose or state any reason for the inspection.
1595 The failure of an association to provide the records within 10
1596 working days after receipt of a written request creates a
1597 rebuttable presumption that the association willfully failed to
1598 comply with this paragraph. A member unit owner who is denied
1599 access to official records is entitled to the actual damages or
1600 minimum damages for the association's willful failure to comply.
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1601 The minimum damages are $50 per calendar day for up to 10 days,
1602 beginning on the 11th working day after receipt of the written
1603 request. The failure to permit inspection entitles any person
1604 prevailing in an enforcement action to recover reasonable
1605 attorney fees from the person in control of the records who,
1606 directly or indirectly, knowingly denied access to the records.
1607 Any person who knowingly or intentionally defaces or destroys
1608 accounting records that are required by this chapter to be
1609 maintained during the period for which such records are required
1610 to be maintained, or who knowingly or intentionally fails to
1611 create or maintain accounting records that are required to be
1612 created or maintained, with the intent of causing harm to the
1613 association or one or more of its members, is personally subject
1614 to a civil penalty under pursuant to s. 719.501(1) (d). The
1615 association shall maintain an adequate number of copies of the
1616 declaration, articles of incorporation, bylaws, and rules, and
1617 all amendments to each of the foregoing, as well as the question
1618 and answer sheet as described ins. 719.504 and year-end
1619 financial information required by the department, on the
1620 cooperative property to ensure their availability to members
1621 unit owners and.prospective purchasers, and may charge its
1622 actual costs for preparing and furnishing these documents to
1623 those requesting the same. An association shall allow a member
1624 or his or her authorized representative to use a portable
1625 device, including a smartphone, tablet, portable scanner, or any
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1626 other technology capable of scanning or taking photographs, to
1627 make an electronic copy of the official records in lieu of the
1628 association providing the member or his or her authorized
1629 representative with a copy of such records. The association may
1630 not charge a member or his or her authorized representative for
1631 the use of a portable device. Notwithstanding this paragraph,
1632 the following records shall not be accessible to members~
1633 owners:
1634 1. Any record protected by the lawyer-client privilege as
1635 described ins. 90.502 and any record protected by the work-
1636 product privilege, including any record prepared by an
1637 association attorney or prepared at the attorney's express
1638 direction which reflects a mental impression, conclusion,
1639 litigation strategy, or legal theory of the attorney or the
1640 association, and which was prepared exclusively for civil or
1641 criminal litigation or for adversarial administrative
1642 proceedings, or which was prepared in anticipation of such
1643 litigation or proceedings until the conclusion of the litigation
1644 or proceedings.
1645 2. Information obtained by an association in connection
1646 with the approval of the lease, sale, or other transfer of a
1647 unit.
1648 3. Personnel records of association or management company
1649 employees, including, but not limited to, disciplinary, payroll,
1650 health, and insurance records. For purposes of this
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1651 subparagraph, the term "personnel records" does not include
1652 written employment agreements with an association employee or
1653 management company, or budgetary or financial records that
1654 indicate the compensation paid to an association employee.
1655 4. Medical records of unit owners.
1656 5. Social security numbers, driver license numbers, credit
1657 card numbers, e-mail addresses, telephone numbers, facsimile
1658 numbers, emergency contact information, addresses of a unit
1659 owner other than as provided to fulfill the association's notice
1660 requirements, and other personal identifying information of any
1661 person, excluding the person's name, unit designation, mailing
1662 address, property address, and any address, e-mail address, or
1663 facsimile number provided to the association to fulfill the
1664 association's notice requirements. Notwithstanding the
1665 restrictions in this subparagraph, an association may print and
1666 distribute to unit parcel owners a directory containing the
1667 name, unit parcel address, and all telephone numbers of each
1668 unit parcel owner. However, an owner may exclude his or her
1669 telephone numbers from the directory by so requesting in writing
1670 to the association. An owner may consent in writing to the
1671 disclosure of other contact information described in this
1672 subparagraph. The association is not liable for the inadvertent
1673 disclosure of information that is protected under this
1674 subparagraph if the information is included in an official
1675 record of the association and is voluntarily provided by an
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167 6 owner and not requested by the association.
1677 6. Electronic security measures that are used by the
1678 association to safeguard data, including passwords.
1679 7. The software and operating system used by the
1680 association which allow the manipulation of data, even if the
1681 owner owns a copy of the same software used by the association.
1682 The data is part of the official records of the association.
1683 Section 1 7. Paragraphs (b), ( f), and ( l) of subsection ( 1)
1684 of section 719.106, Florida Statutes, are amended, and
1685 subsection (3) is added to that section, to read:
1686 719.106 Bylaws; cooperative ownership.-
1687 (1) MANDATORY PROVISIONS.-The bylaws or other cooperative
1688 documents shall provide for the following, and if they do not,
1689 they shall be deemed to include the following:
1690 (b) Quorum; voting requirements; proxies.-
1691 1. Unless otherwise provided in the bylaws, the percentage
1692 of voting interests required to constitute a quorum at a meeting
1693 of the members shall be a majority of voting interests, and
1694 decisions shall be made by owners of a majority of the voting
1695 interests. Unless otherwise provided in this chapter, or in the
1696 articles of incorporation, bylaws, or other cooperative
1697 documents, and except as provided in subparagraph (d)l.,
1698 decisions shall be made by owners of a majority of the voting
1699 interests represented at a meeting at which a quorum is present.
1700 2. Except as specifically otherwise provided herein, after
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1701 January 1, 1992, unit owners may not vote by general proxy, but
1702 may vote by limited proxies substantially conforming to a
1703 limited proxy form adopted by the division. Limited proxies and
1704 general proxies may be used to establish a quorum. Limited
1705 proxies shall be used for votes taken to waive or reduce
1706 reserves in accordance with subparagraph (j)2., for votes taken
1707 to waive the financial reporting requirements of s.
1708 719.104 (4) (b), for votes taken to amend the articles of
1709 incorporation or bylaws pursuant to this section, and for any
1710 other matter for which this chapter requires or permits a vote
1711 of the unit owners. Except as provided in paragraph (d), after
1712 January 1, 1992, no proxy, limited or general, shall be used in
1713 the election of board members. General proxies may be used for
1714 other matters for which limited proxies are not required, and
1715 may also be used in voting for nonsubstantive changes to items
1716 for which a limited proxy is required and given. Notwithstanding
1717 the provisions of this section, unit owners may vote in person
1718 at unit owner meetings. Nothing contained herein shall limit the
1719 use of general proxies or require the use of limited proxies or
1720 require the use of limited proxies for any agenda item or
1721 election at any meeting of a t~meshare cooperative.
1722 3. Any proxy given shall be effective only for the
1723 specific meeting for which originally given and any lawfully
1724 adjourned meetings thereof. In no event shall any proxy be valid
1725 for a period longer than 90 days after the date of the first
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1726 meeting for which it was given. Every proxy shall be revocable
1727 at any time at the pleasure of the unit owner executing it.
1728 4. A member of the board of administration or a committee
1729 may submit in writing his or her agreement or disagreement with
1730 any action taken at a meeting that the member did not attend.
1731 This agreement or disagreement may not be used as a vote for or
1732 against the action taken and may not be used for the purposes of
1733 creating a quorum.
1734 5. A board member or committee member participating in a
1735 meeting via telephone, real-time videoconferencing, or similar
1736 real-time electronic or video communication counts toward a
1737 quorum, and such member may vote as if physically present Wfi.efi
1738 some or all of the board or committee ffiembers meet by telephone
1739 conference , those board or committee members attending by
1740 telephone conference may be counted toward obtaining a quorUfR
1741 and may vote by telephone. A telephone speaker must shall be
1742 used utili~ed so that the conversation of such those board or
1743 cofflfflittee members attending by telephone may be heard by the
1744 board or committee members attending in person, as well as by
1745 any unit owners present at a meeting.
1746 (f) Recall of board members.-Subject to s. 719.301, any
1747 member of the board of administration may be recalled and
1748 removed from office with or without cause by the vote or
1749 agreement in writing by a majority of all the voting interests.
1750 A special meeting of the voting interests to recall any member
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1751 of the board of administration may be called by 10 percent of
1752 the unit owners giving notice of the meeting as required for a
1753 meeting of unit owners, and the notice shall state the purpose
1754 of the meeting. Electronic transmission may not be used as a
1755 method of giving notice of a meeting called in whole or in part
1756 for this purpose.
1757 1. If the recall is approved by a majority of all voting
1758 interests by a vote at a meeting, the recall shall be effective
1759 as provided in this paragraph. The board shall duly notice and
1760 hold a board meeting within 5 full business days after the
1761 adjournment of the unit owner meeting to recall one or more
1762 board members. At the meeting, the board shall either certify
1763 the recall, in which case such member or members shall be
1764 recalled effective immediately and shall turn over to the board
1765 within 5 full business days any and all records and property of
1766 the association in their possession, or shall proceed as set
1767 forth in subparagraph 3.
1768 2. If the proposed recall is by an agreement in writing by
1769 a majority of all voting interests, the agreement in writing or
1770 a copy thereof shall be served on the association by certified
1771 mail or by personal service in the manner authorized by chapter
1772 48 and the Florida Rules of Civil Procedure. The board of
1773 administration shall duly notice and hold a meeting of the board
1774 within 5 full business days after receipt of the agreement in
1775 writing. At the meeting, the board shall either certify the
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1776 written agreement to recall members of the board, in which case
1777 such members shall be recalled effective immediately and shall
1778 turn over to the board, within 5 full business days, any and all
1779 records and property of the association in their possession, or
1780 proceed as described in subparagraph 3.
1781 3. If the board determines not to certify the written
1782 agreement to recall members of the board, or does not certify
1783 the recall by a vote at a meeting, the board shall, within 5
1784 full business days after the board meeting, file with the
1785 division a petition for binding arbitration under pursuant to
1786 the procedures of s. 719.1255 or file an action with a court of
1787 competent jurisdiction. For purposes of this paragraph, the unit
1788 owners who voted at the meeting or who executed the agreement in
1789 writing shall constitute one party under the petition for
1790 arbitration or in a court action. If the arbitrator or court
1791 certifies the recall as to any member of the board, the recall
1792 is shall be effective upon the mailing of the final order of
1793 arbitration to the association or the final order of the court.
1794 If the association fails to comply with the order of the court
1795 or the arbitrator, the division may take action under pursuant
1796 4:--e s. 719.501. Any member so recalled shall deliver to the board
1797 any and all records and property of the association in the
1798 member's possession within 5 full business days after the
1799 effective date of the recall.
1800 4. If the board fails to duly notice and hold a board
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1801 meeting within 5 full business days after service of an
1802 agreement in writing or within 5 full business days after the
1803 adjournment of the unit owner recall meeting, the recall is
1804 shall be deemed effective and the board members so recalled
1805 shall immediately turn over to the board any and all records and
1806 property of the association.
1807 5. If the board fails to duly notice and hold the required
1808 meeting or fails to file the required petition or action, the
1809 unit owner representative may file a petition under pursuant to
1810 s. 719.1255 or file an action in a court of competent
1811 j urisdiction challenging the board's failure to act. The
1812 petition or action must be filed within 60 days after the
1813 expiration of the applicable 5-full-business-day period. The
1814 review of a petition or action under this subparagraph is
1815 limited to the sufficiency of service on the board and the
1816 facial validity of the written agreement or ballots filed.
1817 6. If a vacancy occurs on the board as a result of a
1818 recall and less than a majority of the board members are
1819 removed, the vacancy may be filled by the affirmative vote of a
1820 majority of the remaining directors, notwithstanding any
1821 provision to the contrary contained in this chapter. If
1822 vacancies occur on the board as a result of a recall and a
1823 majority or more of the board members are removed, the vacancies
1824 shall be filled in accordance with procedural rules to be
1825 adopted by the division, which rules need not be consistent with
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182 6 this chapter. The rules must provide procedures governing the
1827 conduct of the recall election as well as the operation of the
1828 association during the period after a recall but before the
1829 recall election.
1830 7. A board member who has been recalled may file a
1831 petition under pursuant to s. 719.1255 or file an action in a
1832 court of competent jurisdiction challenging the validity of the
1833 recall. The petition or action must be filed within 60 days
1834 after the recall is deemed certified. The association and the
1835 unit owner representative shall be named as the respondents.
1836 8. The division or court may not accept for filing a
1837 recall petition or action, whether filed under pursuant to
1838 subparagraph 1., subparagraph 2., subparagraph 5., or
1839 subparagraph 7. and regardless of whether the recall was
1840 certified, when there are 60 or fewer days until the scheduled
1841 reelection of the board member sought to be recalled or when 60
1842 or fewer days have not elapsed since the election of the board
1843 member sought to be recalled.
1844 (1) Alternative dispute resolution Arbitration.-There
1845 shall be a provision for alternative dispute resolution
1846 mandatory nonbinding arbitration of internal disputes arising
1847 from the operation of the cooperative in accordance withs.
1848 719.1255.
i
1849 (3) GENERALLY.-The association may extinguish a
1850 discriminatory restriction as provided under s. 712.065 .
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1851 Section 18. Section 719.128, Florida Statutes, is amended
1852 to read:
1853 719.128 Association emergency powers.-
1854 (1) To the extent allowed by law, unless specifically
1855 prohibited by the cooperative documents, and consistent withs.
1856 617.0830, the board of administration, in response to damage or
1857 injury caused by or anticipated in connection with an emergency,
1858 as defined ins. 252.34(4), event for which a state of emergency
1859 is declared pursuant to s. 252.36 in the area encompassed by the
1860 cooperative, may exercise the following powers:
1861 (a) Conduct board meetings, committee meetings, elections,
1862 or membership meetings, in whole or in part, by telephone, real-
1863 time videoconferencing, or similar real-time electronic or video
1864 communication after notice of the meetings and board decisions
1865 is provided in as practicable a manner as possible, including
1866 via publication, radio, United States mail, the Internet,
1867 electronic transmission, public service announcements,
1868 conspicuous posting on the cooperative property, or any other
1869 means the board deems appropriate under the circumstances.
1870 Notice of decisions may also be communicated as provided in this
1871 paragraph.
1872 (b) Cancel and reschedule an association meeting.
1873 (c) Designate assistant officers who are not directors. If
1874 the executive officer is incapacitated or unavailable, the
1875 assistant officer has the same authority during the state of
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1876 emergency as the executive officer he or she assists.
1877 (d) Relocate the association's principal office or
1878 designate an alternative pr incipal o ff ice.
1879 (e) Enter into agreements with counties and municipalities
1 880 to assist counties and municipalities with debris removal .
1881 (f) Implement a disaster or an e mergency plan beforeL
1882 during, or immediately fol lowing the event for which a state of
1883 emergency is declared, which may include turning on or shutting
1884 off elevators; electricity; water, sewer, or security systems;
1885 or air conditioners for association buildings.
1886 (g) Based upon the advice o f emergency management
1887 officials or public health officials, or upon the advice of
1888 licensed professionals retained by or otherwise available to the
1889 board of administration, de termine any port i on of the
1890 cooperat ive property unava ilable for entry or occupancy by unit
1891 owners or their family memb ers, tenants, guest s, agents , or
1892 invitees to protect their health, safety, or welfare.
1893 (h) Based upon the advice of emergency management
1894 officials or public health officials , or upon the advi ce of
1895 licens e d professionals retai ned by or o therwi se avai lable to the
1896 board of administration, determine whether the cooperative
1897 property or any portion thereof can be safely inhabited or
1898 occupi ed . Howeve r , such de te rmination is not conclusive as to
1899 a ny d e te r mi nation of hab itab ili ty pur suant to the c ooperative
1900 documents declaration.
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1901 ( i) Require the evacuation of the cooperative property in
1902 the event of a mandatory evacuation order in the area where the
1903 cooperative is located or prohibit or restrict access to the
1904 cooperative property in the event of a public health threat. If
1905 a unit owner or other occupant of a cooperative fails to
1906 evacuate the cooperative property for which the board has
1907 required evacuation, the association is immune from liability
1908 for injury to persons or property arising from such failure.
1909 (j) Mitigate further damage, injury, or contagion,
1910 including taking action to contract for the removal of debris
1911 and to prevent or mitigate the spread of fungus, including mold
1912 or mildew, by removing and disposing of wet drywall, insulation,
1913 carpet, cabinetry, or other fixtures on or within the
1914 cooperative property, regardless of whether the unit owner is
1915 obligated by the cooperative documents declaration or law to
1916 insure or replace those fixtures and to remove personal property
1917 from a unit or to sanitize the cooperative property.
1918 (k) Contract, on behalf of a unit owner, for items or
1919 services for which the owner is otherwise individually
1920 responsible, but which are necessary to prevent further injury,
1921 contagion, or damage to the cooperative property. In such event,
1922 the unit owner on whose behalf the board has contracted is
1923 responsible for reimbursing the association for the actual costs
1924 of the items or services, and the association may use its lien
1925 authority provided bys. 719.108 to enforce collection of the
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192 6 charges. Such items or services may include the drying of the
1927 unit, the boarding of broken windows or doors, aR-a the
1928 replacement of a damaged air conditioner or air handler to
1929 provide climate control in the unit or other portions of the
1930 property, and the sanitizing of the cooperative property.
1931 (1) Notwithstanding a provision to the contrary, and
1932 regardless of whether such authority does not specifically
1933 appear in the cooperative documents, levy special assessments
1934 without a vote of the owners.
1935 (m) Without unit owners' approval, borrow money and pledge
1936 association assets as collateral to fund emergency repairs and
1937 carry out the duties of the association if operating funds are
1938 insufficient. This paragraph does not limit the general
1939 authority of the association to borrow money, subject to such
1940 restrictions contained in the cooperative documents.
1941 (2) The authority granted under subsection (1) is limited
1942 to that time reasonably necessary to protect the health, safety,
1943 and welfare of the association and the unit owners and their
1944 family members, tenants, guests, agents, or invitees, and to
1945 mitigate further damage, injury, or contagion and make emergency
1946 repairs.
1947 (3) Notwithstanding paragraphs (1) (f)-(i), during a state
1948 of emergency declared by executive order or proclamation of the
1949 Governor pursuant to s. 252.36, an association may not prohibit
1950 unit owners, tenants, guests, agents, or invitees of a unit
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1951 owner from accessing the common elements and limited common
1952 elements appurtenant thereto for the purposes of ingress to and
1953 egress from the unit when access is necessary in connection
1954 with:
1955 (a) The sale, lease, or other transfer of title of a unit;
1956 or
1957 (b) The habitability of the unit or for the health and
1958 safety of such person unless a governmental order or
1959 determination, or a pub lic health directive from the Centers for
1960 Disease Control and Prevention, has been issued prohibiting such
1961 access to the unit. Any such access is subject to reasonable
1962 restrictions adopted by the association.
1963 Section 19. Subsection (8) of section 720.301, Florida
1964 Statutes, is amended to read:
1965 720.301 Definitions.-As used in this chapter, the term:
1966 (8) "Governing documents" means:
1967 (a) The recorded declaration of covenants for a community
1968 and all duly adopted and recorded amendments, supplements, and
1969 recorded exhibits thereto.7
1970 (b) The articles of incorporation and bylaws of the
1971 homeowners' association and any duly adopted amendments
1972 thereto., and
1973 (el Rules and regulations adopted under the authority of
1974 the recorded declaration , articles of incorporatiofi , or byla,,s
1975 and duly adopted amendments thereto .
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197 6 Section 20. Paragraph (1) of subsection (4) of section
1977 720.303, Florida Statutes, is redesignated as paragraph (m) and
1978 amended, paragraph (c) of subsection (2), paragraph (c) of
197 9 subsection (5), paragraphs (c) and (d) of subsection (6), and
1980 paragraphs (b), (d), (g), (k), and (1) of subsection (10) are
1981 amended, and a new paragraph (1) is added to subsection (4) of
1982 that section, to read:
1983 720.303 Association powers and duties; meetings of board;
1984 official records; budgets; financial reporting; association
1985 funds; recalls.-
1986 (2) BOARD MEETINGS.-
1987 (c) The bylaws shall provide the following for giving
1988 notice to parcel owners and members of all board meetings and,
1989 if they do not do so, shall be deemed to include the following:
1990 1. Notices of all board meetings must be posted in a
1991 conspicuous place in the community at least 48 hours in advance
1992 of a meeting, except in an emergency. In the alternative, if
1993 notice is not posted in a conspicuous place in the community,
1994 notice of each board meeting must be mailed or delivered to each
1995 member at least 7 days before the meeting, except in an
1996 emergency. Notwithstanding this general notice requirement, for
1997 communities with more than 100 members, the association bylaws
1998 may provide for a reasonable alternative to posting or mailing
1999 of notice for each board meeting, including publication of
2000 notice, provision of a schedule of board meetings, or the
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2001 conspicuous posting and repeated broadcasting of the notice on a
2002 closed-circuit cable television system serving the homeowners'
2003 association. However, if broadcast notice is used in lieu of a
2004 notice posted physically in the community, the notice must be
2005 broadcast at least four times every broadcast hour of each day
2006 that a posted notice is otherwise required. When broadcast
2007 notice is provided, the notice and agenda must be broadcast in a
2008 manner and for a sufficient continuous length of time so as to
2009 allow an average reader to observe the notice and read and
2010 comprehend the entire content of the notice and the agenda. In
2011 addition to any of the authorized means of providing notice of a
2012 meeting of the board, the association may, by rule, adopt a
2013 procedure for conspicuously posting the meeting notice and the
2014 agenda on the association's website or an application that can
2015 be downloaded on a mobile device for at least the minimum period
2016 of time for which a notice of a meeting is also required to be
2017 physically posted on the association property. Any rule adopted
2018 must, in addition to other matters, include a requirement that
2019 the association send an electronic notice to members whose e-
2020 mail addresses are included in the association's official
2021 records in the same manner as is required for a notice of a
2022 meeting of the members. Such notice must include a hyperlink to
2023 the website or such mobile application on which the meeting
2024 notice is posted. The association may provide notice by
2025 electronic transmission in a manner authorized by law for
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2026 meetings of the board of directors, committee meetings requiring
2027 notice under this section, and annual and special meetings of
2028 the members to any member who has provided a facsimile number or
2029 e-mail address to the association to be used for such purposes;
2030 however, a member must consent in writing to receiving notice by
2031 electronic transmission.
2032 2. An assessment may not be levied at a board meeting
2033 unless the notice of the meeting includes a statement that
2034 assessments will be considered and the nature of the
2035 assessments. Written notice of any meeting at which special
2036 assessments will be considered or at which amendments to rules
2037 regarding parcel use will be considered must be mailed,
2038 delivered, or electronically transmitted to the members and
2039 parcel owners and posted conspicuously on the property or
2040 broadcast on closed-circuit cable television not less than 14
2041 days before the meeting.
2042 3. Directors may not vote by proxy or by secret ballot at
2043 board meetings, except that secret ballots may be used in the
2044 election of officers. This subsection also applies to the
2045 meetings of any committee or other similar body, when a final
2046 decision will be made regarding the expenditure of association
2047 funds, and to any body vested with the power to approve or
2048 disapprove architectural decisions with respect to a specific
2049 parcel of residential property owned by a member of the
2050 community.
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2051 (4) OFFICIAL RECORDS.-The association shall maintain each
2052 of the following items, when applicable, which constitute the
2053 official records of the association:
2054 (1 ) Ball o t s , s i g n - i n sheets, vo ti ng proxi es , and a l l o t he r
2055 p a p e rs and e le ctr on ic r eco r ds re l a t ing to voting by parcel
2056 owners, which must be maintained for at least 1 year after the
2057 date of the election, vote, or meeting.
2058 (m)-f-±-t All other written records of the association not
2059 specifically included in this subsection the foregoing which are
2060 related to the operation of the association.
2061 (5) INSPECTION AND COPYING OF RECORDS.-The official
2062 records shall be maintained within the state for at least 7
2063 years and shall be made available to a parcel owner for
2064 inspection or photocopying within 4 5 miles of the community or
2065 within the county in which the association is located within 10
2066 business days after receipt by the board or its designee of a
2067 written request. This subsection may be complied with by having
2068 a copy of the official records available for inspection or
2069 copying in the community or, at the option of the association,
2070 by making the records available to a parcel owner electronically
2071 via the Internet or by allowing the records to be viewed in
2072 electronic format on a computer screen and printed upon request.
2073 If the association has a photocopy machine available where the
2074 records are maintained, it must provide parcel owners with
2075 copies on request during the inspection if the entire request is
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2076 limited to no more than 25 pages. An association shall allow a
2077 member or his or her authorized representative to use a portable
2078 device, including a smartphone, tablet, portable scanner, or any
2079 other technology capable of scanning or taking photographs, to
2080 make an electronic copy of the official records in lieu of the
2081 association's providing the member or his or her authorized
2082 representative with a copy of such records. The association may
2083 not charge a fee to a member or his or her authorized
2084 representative for the use of a portable device.
2085 (c) The association may adopt reasonable written rules
2086 governing the frequency, time, location, notice, records to be
2087 inspected, and manner of inspections, but may not require a
2088 parcel owner to demonstrate any proper purpose for the
2089 inspection, state any reason for the inspection, or limit a
2090 parcel owner's right to inspect records to less than one 8-hour
2091 business day per month. The association may impose fees to cover
2092 the costs of providing copies of the official records, including
2093 the costs of copying and the costs required for personnel to
2094 retrieve and copy the records if the time spent retrieving and
2095 copying the records exceeds one-half hour and if the personnel
2096 costs do not exceed $20 per hour. Personnel costs may not be
2097 charged for records requests that result in the copying of 25 or
2098 fewer pages. The association may charge up to 25 cents per page
2099 for copies made on the association's photocopier. If the
2100 association does not have a photocopy machine available where
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2101 the records are kept, or if the records requested to be copied
2102 exceed 25 pages in length, the association may have copies made
2103 by an outside duplicating service and may charge the actual cost
2104 of copying, as supported by the vendor invoice. The association
2105 shall maintain an adequate number of copies of the recorded
2106 governing documents, to ensure their availability to members and
2107 prospective members. Notwithstanding this paragraph, the
2108 following records are not accessible to members or parcel
2109 owners:
2110 1. Any record protected by the lawyer-client privilege as
2111 described ins. 90.502 and any record protected by the work-
2112 product privilege, including, but not limited to, a record
2113 prepared by an association attorney or prepared at the
2114 attorney's express direction which reflects a mental impression,
2115 conclusion, litigation strategy, or legal theory of the attorney
2116 or the association and which was prepared exclusively for civil
2117 or criminal litigation or for adversarial administrative
2118 proceedings or which was prepared in anticipation of such
2119 litigation or proceedings until the conclusion of the litigation
2120 or proceedings.
2121 2. Information obtained by an association in connection
2122 with the approval of the lease, sale, or other transfer of a
2123 parcel.
2124 3. Information an association obtains in a gated community
2125 in connection with guests' visits to parcel owners or community
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2126 residents.
2127 4.-3-.-- Personnel records of association or management
2128 company employees, including, but not limited to, disciplinary,
2129 payroll, health, and insurance records. For purposes of this
2130 subparagraph, the term "personnel records" does not include
2131 written employment agreements with an association or management
2132 company employee or budgetary or financial records that indicate
2133 the compensation paid to an association or management company
2134 employee.
2135 5.4-. Medical records of parcel owners or community
2136 residents.
2137 6 . .§... Social security numbers, driver license numbers,
2138 credit card numbers, electronic mailing addresses, telephone
2139 numbers, facsimile numbers, emergency contact information, any
2140 addresses for a parcel owner other than as provided for
2141 association notice requirements, and other personal identifying
2142 information of any person, excluding the person's name, parcel
2143 designation, mailing address, and property address.
2144 Notwithstanding the restrictions in this subparagraph, an
2145 association may print and distribute to parcel owners a
2146 directory containing the name, parcel address, and all telephone
2147 numbers of each parcel owner. However, an owner may exclude his
2148 or her telephone numbers from the directory by so requesting in
2149 writing to the association. An owner may consent in writing to
2150 the disclosure of other contact information described in this
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2151 subparagraph. The association is not liable for the disclosure
2152 of information that is protected under this subparagraph if the
2153 information is included in an official record of the association
2154 and is voluntarily provided by an owner and not requested by the
2155 association.
2156 7 . .fe--.- Any electronic security measure that is used by the
2157 association to safeguard data, including passwords.
2158 8.-+. The software and operating system used by the
2159 association which allows the manipulation of data, even if the
2160 owner owns a copy of the same software used by the association.
2161 The data is part of the official records of the association.
2162 (6) BUDGETS.-
2163 (c)l. If the budget of the association does not provide
2164 for reserve accounts under pursuant to paragraph (d), or the
2165 declaration of covenants, articles, or bylaws do not obligate
2166 the developer to create reserves, and the association is
2167 responsible for the repair and maintenance of capital
2168 improvements that may result in a special assessment if reserves
2169 are not provided or not fully funded, each financial report for
2170 the preceding fiscal year required by subsection (7) must
2171 contain the following statement in conspicuous type:
2172
2173 THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED
2174 RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED
2175 MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS REGARDING
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2176 THOSE ITEMS. OWNERS MAY ELECT TO PROVIDE FOR FULLY FUNDED
2177 RESERVE ACCOUNTS UNDER PURSUANT TO SECTION 720.303(6), FLORIDA
2178 STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
2179 VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
2180 MEETING OR BY WRITTEN CONSENT.
2181 2. If the budget of the association does provide for
2182 funding accounts for deferred expenditures, including, but not
2183 limited to, funds for capital expenditures and deferred
2184 maintenance, but such accounts are not created or established
2185 under pursuant to paragraph (d), each financial report for the
2186 preceding fiscal year required under subsection (7) must also
2187 contain the following statement in conspicuous type:
2188 THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
2189 DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
2190 AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
2191 IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
2192 TO PROVIDE FOR RESERVE ACCOUNTS UNDER PURSUANT TO SECTION
2193 720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
2194 RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
2195 ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
2196 (d) An association is deemed to have provided for reserve
2197 accounts if r eserve account s h ave been ini t ia l ly es t ablished by
2198 the deve l oper or if t he membershi p o f t he associ at i on
2199 a f firmatively e l ec t s to provide for reserves. If reserve
2200 a cco un t s arc es t ab l ished by t he developer, the budget must
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2201 des i gna t e t h e compo n e nt s f o r ·.vh i eh the reserve accounts may be
2202 used . If reserve accounts are not i n iti a ll y p r ovi ded by th e
2203 developer, the membership of the association may elect to do so
2204 upon the affirmative approval of a majority of the total voting
2205 interests of the association. Such approval may be obtained by
2206 vote of the members at a duly called meeting of the membership
2207 or by the written consent of a majority of the total voting
2208 interests of the association. The approval action of the
2209 membership must state that reserve accounts shall be provided
2210 for in the budget and must designate the components for which
2211 the reserve accounts are to be established. Upon approval by the
2212 membership, the board of directors shall include the required
2213 reserve accounts in the budget in the next fiscal year following
2214 the approval and each year thereafter. Once established as
2215 provided in this subsection, the reserve accounts must be funded
2216 or maintained or have their funding waived in the manner
2217 provided in paragraph (f).
2218 (10) RECALL OF DIRECTORS. -
2219 (b)l. Board directors may be recalled by an agreement in
2220 writing or by written ballot without a membership meeting. The
2221 agreement in writing or the written ballots, or a copy thereof,
2222 shall be served on the association by certified mail or by
2223 personal service in the manner authorized by chapter 48 and the
2224 Florida Rules of Civil Procedure.
2225 2. The board shall duly notice and hold a meeting of the
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2226 board within 5 full business days after receipt of the agreement
2227 in writing or written ballots. At the meeting, the board shall
2228 either certify the written ballots or written agreement to
2229 recall a director or directors of the board, in which case such
2230 director or directors shall be recalled effective immediately
2231 and shall turn over to the board within 5 full business days any
2232 and all records and property of the association in their
2233 possession, or proceed as described in paragraph (d).
2234 3. When it is determined by the department pursuant to
2235 binding arbitration proceedings or the court in an action filed
2236 in a court of competent jurisdiction that an initial recall
2237 effort was defective, written recall agreements or written
2238 ballots used in the first recall effort and not found to be
2239 defective may be reused in one subsequent recall effort.
2240 However, in no event is a written agreement or written ballot
2241 valid for more than 120 days after it has been signed by the
2242 member.
2243 4. Any rescission or revocation of a member's written
2244 recall ballot or agreement must be in writing and, in order to
2245 be effective, must be delivered to the association before the
2246 association is served with the written recall agreements or
2247 ballots.
2248 5. The agreement in writing or ballot shall list at least
2249 as many possible replacement directors as there are directors
2250 subject to the recall, when at least a majority of the board is
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2251 sought to be recalled; the person executing the recall
2252 instrument may vote for as many replacement candidates as there
2253 are directors subject to the recall.
2254 (d) If the board determines not to certify the written
2255 agreement or written ballots to recall a director or directors
2256 of the board or does not certify the recall by a vote at a
2257 meeting, the board shall, within 5 full business days after the
2258 meeting, file an action with a court of competent jurisdiction
2259 or file with the department a petition for binding arbitration
2260 under pursuant to the applicable procedures in ss. 718.112(2) (j)
22 61 and 718.1255 and the rules adopted thereunder. For the purposes
2262 of this section, the members who voted at the meeting or who
2263 executed the agreement in writing shall constitute one party
2264 under the petition for arbitration or in a court action. If the
2265 arbitrator or court certifies the recall as to any director or
2266 directors of the board, the recall will be effective upon the
2267 final order of the court or the mailing of the final order of
2268 arbitration to the association. The director or directors so
2269 recalled shall deliver to the board any and all records of the
2270 association in their possession within 5 full business days
2271 after the effective date of the recall.
2272 (g) If the board fails to duly notice and hold the
2273 required meeting or fails to file the required petition or
2274 action, the parcel tHH:-t- owner representative may file a petition
2275 or a court action under pursuant to s. 718.1255 challenging the
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2276 board's failure to act. The petition or action must be filed
2277 within 60 days after the expiration of the applicable 5-full-
2278 business-day period. The review of a petition or action under
2279 this paragraph is limited to the sufficiency of service on the
2280 board and the facial validity of the written agreement or
2281 ballots filed.
2282 (k) A board member who has been recalled may file an
2283 action with a court of competent jurisdiction or a petition
2284 under pursuant toss. 718.112(2) (j) and 718.1255 and the rules
2285 adopted challenging the validity of the recall. The petition or
2286 action must be filed within 60 days after the recall is deemed
2287 certified. The association and the parcel 'liTT±-t- owner
2288 representative shall be named as respondents.
2289 (1) The division or a court of competent jurisdiction may
2290 not accept for filing a recall petition or action, whether filed
2291 under pursuant to paragraph (b), paragraph (c), paragraph (g),
2292 or paragraph (k) and regardless of whether the recall was
2293 certified, when there are 60 or fewer days until the scheduled
2294 reelection of the board member sought to be recalled or when 60
2295 or fewer days have not elapsed since the election of the board
2296 member sought to be recalled.
2297 Section 21. Subsection (2) of section 720.305, Florida
2298 Statutes, is amended to read:
2299 720.305 Obligations of members; remedies at law or in
2300 equity; levy of fines and suspension of use rights.-
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2301 (2) An .!f.fie association may levy reasonable fines. A fine
2302 may not exceed $100 per violation against any member or any
2303 member's tenant, guest, or invitee for the failure of the owner
2304 of the parcel or its occupant, licensee, or invitee to comply
2305 with any provision of the declaration, the association bylaws,
2306 or reasonable rules of the association unless otherwise provided
2307 in the governing documents. A fine may be levied by the board
2308 for each day of a continuing violation, with a single notice and
2309 opportunity for hearing, except that the fine may not exceed
2310 $1,000 in the aggregate unless otherwise provided in the
2311 governing documents. A fine of less than $1,000 may not become a
2312 lien against a parcel. In any action to recover a fine, the
2313 prevailing party is entitled to reasonable attorney fees and
2314 costs from the nonprevailing party as determined by the court.
2315 (a) An association may suspend, for a reasonable period of
2316 time, the right of a member, or a member's tenant, guest, or
2317 invitee, to use common areas and facilities for the failure of
2318 the owner of the parcel or its occupant, licensee, or invitee to
2319 comply with any provision of the declaration, the association
2320 bylaws, or reasonable rules of the association. This paragraph
2321 does not apply to that portion of common areas used to provide
2322 access or utility services to the parcel. A suspension may not
2323 prohibit an owner or tenant of a parcel from having vehicular
2324 and pedestrian ingress to and egress from the parcel, including,
2325 but not limited to, the right to park.
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2326 (b) A fine or suspension levied by the board of
2327 administration may not be imposed unless the board first
2328 provides at least 14 days' notice to the parcel owner and, if
2329 applicable, any occupant, licensee, or invitee of the parcel
2330 owner, sought to be fined or suspended and an opportunity for a
2331 hearing before a committee of at least three members appointed
2332 by the board who are not officers, directors, or employees of
2333 the association, or the spouse, parent, child, brother, or
2334 sister of an officer, director, or employee. If the committee,
2335 by majority vote, does not approve a proposed fine or
2336 suspension, the proposed fine or suspension may not be imposed.
2337 The role of the committee is limited to determining whether to
2338 confirm or reject the fine or suspension levied by the board. If
2339 the proposed fine or suspension levied by the board is approved
2340 by the committee, the fine payment is due 5 days after notice of
2341 the approved fine is provided to the parcel owner and, if
2342 applicable, to any occupant, licensee, or invitee of the parcel
2343 owner the date of th.e eofflfflittee meeting at ~Jhieh the fine is
2344 approved. The association must provide written notice of such
2345 fine or suspension by mail or hand delivery to the parcel owner
2346 and, if applicable, to any occupant tenant, licensee, or invitee
2347 of the parcel owner.
2348 Section 22. Paragraph (g) of subsection (1) and paragraph
2349 (c) of subsection (9) of section 720.306, Florida Statutes, are
2350 amended, and paragraph (h) is added to subsection (1) of that
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
CS/HB 867 2021
2351 section, to read:
2352 720.306 Meetings of members; voting and election
2353 procedures; amendments.-
2354 (1) QUORUM; AMENDMENTS.-
2355 (g) A notice required under this section must be mailed or
2356 delivered to the address identified as the parcel owner's
2357 mailing address in the official records of the association as
2358 required under s. 720.303(4) on the property appraiser ' s website
2359 for the county ia which the parcel is located, or electronically
2360 transmitted in a manner authorized by the association if the
2361 parcel owner has consented, in writing, to receive notice by
2362 electronic transmission.
2363 (h)l. Except as provided herein, an amendment to a
2364 governing document, rule, or regulation enacted after July 1,
2365 2021, which prohibits a parcel owner from renting his or her
2366 parcel, alters the authorized duration of a rental term, or
2367 specifies or limits the number of times that a parcel owner may
2368 rent his or her parcel during a specified period, applies only
2369 to a parcel owner who consents, individually or through a
2370 representative, to the amendment, and to parcel owners who
2371 acquire title to a parcel after the effective date of the
2372 amendment.
2373 2. Notwithstanding subparagraph 1 ., an association may
2374 amend its governing documents to prohibit or regulate rental
2375 durations that are for terms of less than 6 months and to
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 867 2021
2376 prohibit a parcel owner from renting his or parcel more than
2377 three times in a calendar year. Such amendments apply to all
2378 parcel owners.
2379 3. This paragraph does not affect the enforcement
2380 restrictions for associations of 15 or fewer parcel owners as
2381 provided in s. 720.303 (1).
2382 4. For purposes of this paragraph, a change of ownership
2383 does not occur when a parcel owner conveys the parcel to an
2384 affiliated entity, when beneficial ownership of the parcel does
2385 not change, or when an heir becomes the parcel owner. For
2386 purposes of this paragraph , the term "affiliated entity" means
2387 an entity that controls, is controlled by, or is under common
2388 control with the parcel owner or that becomes a parent or
2389 successor entity by reason of transfer, merger , consolidation ,
2390 public offering , reorganization , dissolution or sale of stock ,
2391 or transfer of membership partnership interests. For a
2392 conveyance to be recognized as one made to an affiliated entity,
2393 the entity must furnish the association a document certifying
2394 that this paragraph applies, as well as providing any
2395 organizational documents for the parcel owner and the affiliated
2396 entity that support the representations in the certificate, as
2397 requested by the association.
2398 (9) ELECTIONS AND BOARD VACANCIES.-
2399 (c) Any election dispute between a member and an
2400 association must be submitted to ffiandatory binding arbitration
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FLORIDA H O U S E 0 F REPRESENTATIVES
CS/HB 867 2021
2401 with the division or filed with a court of competent
2402 j urisdiction . Such proceedings that are submitted to binding
2403 arbitration with the division must be conducted in the manner
2404 provided bys. 718.1255 and the procedural rules adopted by the
2405 division. Unless otherwise provided in the bylaws, any vacancy
2406 occurring on the board before the expiration of a term may be
2407 filled by an affirmative vote of the majority of the remaining
2408 directors, even if the remaining directors constitute less than
2 40 9 a quorum, or by the sole remaining director. In the alternative,
2410 a board may hold an election to fill the vacancy, in which case
2411 the election procedures must conform to the requirements of the
2412 governing documents. Unless otherwise provided in the bylaws, a
2413 board member appointed or elected under this section is
2414 appointed for the unexpired term of the seat being filled.
2415 Filling vacancies created by recall is governed bys.
2416 720.303(10) and rules adopted by the division.
2417 Section 23. Paragraph (a) of subsection (1) and subsection
2418 (2) of section 720.307, Florida Statutes, are amended to read:
2419 720.307 Transition of association control in a community.-
2420 With respect to homeowners' associations:
2421 (1) Members other than the developer are entitled to elect
2422 at least a majority of the members of the board of directors of
2423 the homeowners' association when the earlier of the following
2424 events occurs:
2425 (a) Three months after 90 percent of the parcels in all
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2426 phases of the corrun.unity that will ultimately be operated by the
2427 homeowners' association have been conveyed to members other than
2428 the developer ;
2429
2430 For purposes of this section, the term "members other than the
2431 developer" shall not include builders, contractors, or others
2432 who purchase a parcel for the purpose of constructing
2433 improvements thereon for resale.
2434 (2) Members other than the developer are entitled to elect
2435 at least one member of the board of directors of the homeowners'
2436 association if 50 percent of the parcels in all phases of the
2437 corrun.unity which will ultimately be operated by the association
2438 have been conveyed to members other than the developer .
2439 Section 24. Subsection (6) is added to section 720.3075,
2440 Florida Statutes, to read:
2441 720.3075 Prohibited clauses in association documents.-
2442 (6) An association may extinguish a discriminatory
2443 restriction as provided ins. 712.065 .
2444 Section 25. Subsection (1) of section 720.311, Florida
2445 Statutes, is amended to read:
2446 720.311 Dispute resolution.-
2447 (1) The Legislature finds that alternative dispute
2448 resolution has made progress in reducing court dockets and
2449 trials and in offering a more efficient, cost-effective option
2450 to litigation. The filing of any petition for arbitration or the
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CS/HB 867 2021
2451 serving of a demand for presuit mediation as provided for in
2452 this section shall toll the applicable statute of limitations.
2453 Any recall dispute filed with the department under pursuant to
2454 s. 720.303(10) shall be conducted by the department in
2455 accordance with the provisions of ss. 718.112(2) (j) and 718.1255
2456 and the rules adopted by the division. In addition, the
2457 department shall conduct mandatory binding arbitration of
2458 election disputes between a member and an association in
2459 accordance with pursuant to s. 718.1255 and rules adopted by the
2460 division. Neither Election disputes and R-e-r- recall disputes are
2461 not eligible for presuit mediation; these disputes must shall be
2462 arbitrated by the department or filed in a court of competent
2463 j urisdiction. At the conclusion of an arbitration -t-fle
2464 proceeding, the department shall charge the parties a fee in an
2465 amount adequate to cover all costs and expenses incurred by the
2466 department in conducting the proceeding. Initially, the
2467 petitioner shall remit a filing fee of at least $200 to the
2468 department. The fees paid to the department shall become a
2469 recoverable cost in the arbitration proceeding, and the
2470 prevailing party in an arbitration proceeding shall recover its
2471 reasonable costs and attorney attorney's fees in an amount found
2472 reasonable by the arbitrator. The department shall adopt rules
2473 to effectuate the purposes of this section.
2474 Section 26. Section 720.316, Florida Statutes, is amended
2475 to read:
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2476 720.316 Association emergency powers.-
2477 (1) To the extent allowed by law, unless specifically
2478 prohibited by the declaration or other recorded governing
2479 documents, and consistent withs. 617.0830, the board of
2480 directors, in response to damage or injury caused by or
2481 anticipated in connection with an emergency, as defined ins .
2482 252.34(4) , event for which a state of emergency is declared
2483 pursuant to s. 252.36 in the area encompassed by the
2484 association, may exercise the following powers:
2485 (a) Conduct board meetings, committee meetings, elections,
2486 or membership meetings, in whole or in part, by telephone, real-
2487 time videoconferencing, or similar real-time electronic or video
2488 communication after notice of the meetings and board decisions
2489 is provided in as practicable a manner as possible, including
2490 via publication, radio, United States mail, the Internet,
2491 electronic transmission, public service announcements,
2492 conspicuous posting on the common area association property , or
2493 any other means the board deems appropriate under the
2494 circumstances. Notice of decisions may also be communicated as
2495 provided in this paragraph .
2496 (b) Cancel and reschedule an association meeting.
2497 (c) Designate assistant officers who are not directors. If
2498 the executive officer is incapacitated or unavailable, the
2499 assistant officer has the same authority during the state of
2500 emergency as the executive officer he or she assists.
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2501 (d) Relocate the association's principal office or
2502 designate an alternative principal office.
2503 (e) Enter into agreements with counties and municipalities
2504 to assist counties and municipalities with debris removal.
2505 (f) Implement a disaster or an emergency plan beforeL
2506 during , or imm.ediately following the event for which a state of
2507 emergency is declared, which may include, but is not limited to,
2508 turning on or shutting off elevators; electricity; water, sewer,
2509 or security systems; or air conditioners for association
2510 buildings.
2511 (g) Based upon the advice of emergency management
2512 officials or public health officials , or upon the advice of
2513 licensed professionals retained by or otherwise available to the
2514 board, determine any portion of the common areas or facilities
2515 association property unavailable for entry or occupancy by
2516 owners or their family members, tenants, guests, agents, or
2517 invitees to protect their health, safety, or welfare.
2518 (h) Based upon the advice of emergency management
2519 officials or public health officials or upon the advice of
2520 licensed professionals retained by or otherwise available to the
2521 board, determine whether the common areas or facilities
2522 association prop erty can be safely inhabited, accessed, or
2523 occupied. However, such determination is not conclusive as to
2524 any determination of habitability pursuant to the declaration.
2525 (i) Mitigate further damage, injury , or contagion ,
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2526 including taking action to contract for the removal of debris
2527 and to prevent or mitigate the spread of fungus, including mold
2528 or mildew, by removing and disposing of wet drywall, insulation,
2529 carpet, cabinetry, or other fixtures on or within the common
2530 areas or facilities or sanitizing the common areas or facilities
2531 association property.
2532 (j) Notwithstanding a provision to the contrary, and
2533 regardless of whether such authority does not specifically
2534 appear in the declaration or other recorded governing documents,
2535 levy special assessments without a vote of the owners.
2536 (k) Without owners' approval, borrow money and pledge
2537 association assets as collateral to fund emergency repairs and
2538 carry out the duties of the association if operating funds are
2539 insufficient. This paragraph does not limit the general
2540 authority of the association to borrow money, subject to such
2541 restrictions contained in the declaration or other recorded
2542 governing documents.
2543 (2) The authority granted under subsection (1) is limited
2544 to that time reasonably necessary to protect the health, safety,
2545 and welfare of the association and the parcel owners and their
2546 family members, tenants, guests, agents, or invitees, and to
2547 mitigate further damage , in j ury , or contagion and make emergency
2548 repairs.
2549 (3) Notwithstanding paragraphs (1) (f)-(i), during a state
2550 of emergency declared by executive order or proclamation of the
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2551 Governor pursuant to s . 252.36 , an association may not prohibit
2552 parcel owners , tenants , guests , agents , or invitees of a parcel
2553 owner from accessing the common areas and facilities for the
2554 purposes of ingress to and egress from the parcel when access is
2555 necessary in connection with:
2556 (a) The sale, lease, or other transfer of t i t l e of a
2557 parcel; or
2558 (b) The habitability of the parcel or for the health and
2559 safety of such person unless a governmental order or
2560 determination , or a public health directive from the Centers for
2561 Diseas e Control and Prevention , has been issued prohibiting such
2562 access to the parcel. Any such access is subject to reasonable
2563 restrictions adopted by the association .
2564 Section 27. This act shall take effect July 1, 2021.
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REGULATORY REFORM SUBCOMMITTEE
HB 867 by Rep. Shoaf
Community Associations
AMENDMENT SUMMARY
March 24, 2021
Amendment 1 by Rep. Shoaf (line 2363):
The amendment:
• Provides that a change of ownership does occur with regard to a business entity, when
every person that owns an interest in the real property at the time of the enactment of
the amendment or rule conveys their interest in the real property to an unaffiliated entity.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 867 (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 Shoaf offered the following:
4
5 Amendment
6 Remove lines 2363-2397 and insert:
7 (h)l. Except as otherwise provided in this paragraph, any
8 governing document, or amendment to a governing document, that
9 is enacted after July 1, 2021, and that prohibits or regulates
10 rental agreements applies only to a parcel owner who acquires
11 title to the parcel after the effective date of the governing
12 document or amendment, or to a parcel owner who consents,
13 individually or through a representative, to the governing
14 document or amendment.
15 2. Notwithstanding subparagraph 1., an association may
16 amend its governing documents to prohibit or regulate rental
308917 - h0867-line 2363.docx
Published On: 3/23/2021 4:13:24 PM
Page 1 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 867 (2021)
Amendment No. 1
17 agreements for a term of less than 6 months and may prohibit the
18 rental of a parcel for more than three times in a calendar year,
19 and such amendments shall apply to all parcel owners.
20 3. This paragraph does not affect the amendment
21 restrictions for associations of 15 or fewer parcel owners under
22 s. 720.303(1).
23 4. For purposes of this paragraph, a change of ownership
24 does not occur when a parcel owner conveys the parcel to an
25 affiliated entity, when beneficial ownership of the parcel does
26 not changeJ or when an heir becomes the parcel owner. For
27 purposes of this paragraph, the term "affiliated entity" means
28 an entity that controls, is controlled by, or is under common
29 control with the parcel owner or that becomes a parent or
30 successor entit y by reason of transfer, merger, consolidation,
31 public offering, reorganization, dissolution or sale of stock,
32 or transfer of membership partnership interests. For a
33 conveyance to be recognized as one made to an affiliated entity,
34 the entity must furnish to the association a document certifying
35 that this paragraph applies and provide any organizational
36 documents for the parcel owner and the affiliated entity which
37 support the representations in the certificate, as requested by
38 the association.
39 5. For purposes of this paragraph, a change of ownership
40 does occur when, with respect to a parcel owner that is a
41 business entity, every person that owned an interest in the real
308917 - h0867-line 2363.docx
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Page 2 of 3
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. CS/HB 867 (2021)
Amendment No. 1
42 property at the time of the enactment of the amendment or rule
43 conveys their interest in the real property to an unaffiliated
44 entity.
308917 - h0867-line 2363.docx
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Page 3 of 3
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HOUSE OF REPRESENTATIVES LOCAL BILL STAFF ANALYSIS
BILL#: HB 979 Village of Wellington, Palm Beach County
SPONSOR(S): Willhite
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 16 Y, 1 N Renner Miller
Subcommittee
2) Regulatory Reform Subcommittee Thompso Anstead J?J}-
3) State Affairs Committee
SUMMARY ANALYSIS
In Florida, the sale and use of fireworks are generally prohibited. However, many exceptions to the prohibition
exist. The most commonly used exceptions allow approved fireworks to be sold by a licensed retailer to a
buyer who:
• Has obtained a permit for a public display from a municipality or a board of county commissioners;
• Is using the fireworks to scare birds away from agricultural works or fish hatcheries; or
• Uses fireworks on New Year's Eve, New Year's Day, or Independence Day.
The bill provides an exemption from ss. 791.001 and 791.08, F.S., and prohibits the sale and use of fireworks
located within the Equestrian Preserve of the Village of Wellington on all days of the year except for public
displays supervised and conducted by a competent operator. The displays must be approved by the chiefs of
the police and fire departments of Wellington and must not be hazardous to property or endanger any person.
Written applications for permits must be made at least 15 days in advance of the date of the display. After
permit approval, the sales, possession, use, and distribution of fireworks for the display must be lawful for the
permitted purpose only. Permits are non-transferrable.
The prohibitions in the bill do not prevent the importation, purchase, sale, or use of fireworks for agricultural
purposes.
The Economic Impact Statement filed with the bill indicates the bill does not appear to have a fiscal impact on
the state or local governments.
Pursuant to House Rule 5.5(b), a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0979b.RRS.D0CX
DATE: 3/22/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Fireworks
The Division of the State Fire Marshal within the Department of Financial Services regulates the sale
and use of fireworks and sparklers in Florida. 1 While ch. 791, F.S., applies uniformly throughout the
state, enforcement of these statutes resides with local law enforcement departments. 2
Fireworks are defined as "any combustible or explosive composition or substance or combination of
substances or any article prepared for the purpose of producing a visible or audible effect by
combustion, explosion, deflagration, or detonation." 3
The retail sale and use of fireworks by the public is prohibited. 4 However, provisions of ch. 791, F.S.,
exempt certain wholesale sales and commercial uses of fireworks from this general ban. The law does
allow sparklers and other novelty products, 5 like smoke devices and noisemakers, to be sold at retail to
the public and to be used by the public. 6
Fireworks may be used solely and exclusively for the following holidays: 7
• New Year's Eve, December 31st;
• New Year's Day, January 1st; and
• Independence Day, July 4.
This statute is not intended to supersede any local government regulation relating to the use of
fireworks. 8
Counties and cities may adopt reasonable rules and regulations to grant permits for the supervised
public display of fireworks within their boundaries. 9 Display operators must apply for a permit at least 15
°
days in advance of obtaining approval from municipal chiefs of police and fire departments. 1 Counties
must require a bond of not less than $500 for any damages caused by a fireworks display. 11
The statute authorizes the importation, purchase, sale, or use of fireworks solely and exclusively to
frighten birds from agricultural works and fish hatcheries. Such use is governed by the Department of
Agriculture and Consumer Services. 12
1
s. 791.012, F.S.
2
S. 791.001, F.S.
3
S. 791.01(4)(a), F.S;
4
S. 791.02(1), F.S.
5
S. 791.01(4)(c), F.S.
6
Sees. 791.015, F.S.
7
S. 791.08, F.S.
8
S. 791.08(3), F.S.
9
S. 791.02, F.S.
io Id
II S. 791.03, F.S.
12
S. 791.07, F.S.
STORAGE NAME: h0979b.RRS.DOCX PAGE: 2
DATE: 3/22/2021
Equestrian Preserve of the Village of Wellington 13
The Village of Wellington has a dynamic equestrian community and features several venues for a
variety of equestrian disciplines as well as family-owned farms. Wellington's Equestrian Preserve Area
is an equestrian community located on 9,000 acres in the western and southern portions of Wellington .
The area includes trails, businesses and parks that support horses, facilities, and land. During the
equestrian show and polo season, there could be upwards of 20,000 horses in Wellington. 14
Effect of the Bill
The bill provides an exemption from ss. 791.001 and 791.08, F.S., and prohibits the sale and use of
fireworks located within the Equestrian Preserve of the Village of Wellington on all days of the year
except for supervised public displays handled by a competent operator. The displays must be approved
by the chiefs of the police and fire departments of Wellington and must not be hazardous to property or
endanger any person.
Written applications for permits must be made at least 15 days in advance of the date of the display.
After permit approval, the sales, possession, use, and distribution of fireworks for the display must be
lawful for the permitted purpose only. Permits are non-transferrable.
The prohibitions in the bill do not prevent the importation, purchase, sale, or use of fireworks for
agricultural purposes.
B. SECTION DIRECTORY:
Section 1. Creates an exception to general law, prohibiting the sale and use of fireworks within the
Equestrian Preserve of the Village of Wellington under certain circumstances; providing
applicability.
Section 2. Provides that the bill takes effect upon becoming a law.
II. NOTICE/REFERENDUM AND OTHER REQUIREMENTS
A. NOTICE PUBLISHED? Yes [X] No[]
IF YES, WHEN? January 15, 2021
WHERE? The Palm Beach Post, a daily newspaper published in West Palm Beach, Florida .
B. REFERENDUM(S) REQUIRED? Yes[] No [X]
IF YES, WHEN?
C. LOCAL BILL CERTIFICATION FILED? Yes [X] No[]
D. ECONOMIC IMPACT STATEMENT FILED? Yes [X] No[]
13
The Village of Wellington, Equestrian Community, https://www.wellingtonfl.gov/FAQ.aspx?TID=23 (last visited Feb. 16, 2021).
14
World Polo News, Equestrian Committee Reviews Venue Data and Horse Counts (Oct. 12, 2019),
https://www.worldpolonews.com/2019/equestrian-committee-reviews-venue-data-and-horse-counts/ (last visited Feb. 25, 2021 ).
STORAGE NAME: h0979b.RRS.DOCX PAGE: 3
DATE: 3/22/2021
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
None.
8. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
Pursuant to House Rule 5.5(b}, a local bill providing an exemption from general law may not be placed
on the Special Order Calendar for expedited consideration. Since this bill creates an exemption to
general law, the provisions of House Rule 5.5(b) apply.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
Not applicable.
STORAGE NAME: h0979b.RRS.D0CX PAGE: 4
DATE: 3/22/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 979 2021
1 A bill to be entitled
2 An act relating to the Village of Wellington, Palm
3 Beach County; providing an exception to general law;
4 prohibiting the sale and use of fireworks located
5 within the Equestrian Preserve of the Village of
6 Wellington except under specified circumstances;
7 providing applicability; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Notwithstanding ss. 791.001 and 791. 08, Florida
12 Statutes, the sale and use of fireworks within the Equestrian
13 Preserve of the Village of Wellington are prohibited on all days
14 of the year except for the following:
15 (1) Supervised public displays within the jurisdictional
16 boundaries of Wellington where such displays are handled by a
17 competent operator to be approved by the chiefs of the police
18 and fire departments of Wellington, and shall be of such a
19 character, and so located, discharged, or fired as in the
20 opinion of the chief of the fire department, after proper
21 inspection, shall not be hazardous to property or endanger any
22 person. Application for permits shall be made in writing at
23 least 15 days in advance of the date of the display. After such
24 privilege shall have been granted, sales, possession , use, and
25 distribution of fireworks for such display shall be lawful for
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hb0979-00
FLORIDA ,H O U S E 0 F REPRESENTATIVES
HB 979 2021
26 that purpose only. No permit granted hereunder shall be
27 transferable.
28 (2) Nothing herein is intended or shall prevent the
29 importation, purchase, sale, or use of fireworks for
30 agricultural purposes ins. 791.07, Florida Statutes.
31 Section 2. This act shall take effect upon becoming a law.
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hb0979-00
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1517 Department of Business and Professional Regulation
SPONSOR($): Duggan
TIED BILLS: IDEN./SIM. BILLS: SB 1966
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Wright ('Qg.D Anstead cfV-
2) State Administration & Technology
Appropriations Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Department of Business and Professional Regulation (DBPR) is responsible for licensing and regulating various
businesses and professions throughout the state, including, but not limited to, tobacco and alcohol sales; drugs,
devices, and cosmetics; construction contractors; pugilistic events; condominium associations; and public food and
lodging establishments.
Related to tobacco taxation regulations, the bill updates business records and reporting requirements.
Related to construction contractors, the bill reopens a licensing provision that allows certain local contractors to be
licensed statewide, and removes certain licensing fees.
Related to drugs, devices, and cosmetics, the bill:
• excepts certain cosmetics manufacturers from permit requirements,
• provides a temporary permit process to use during a change of ownership, and
• gives authority to DBPR to issue citations for certain violations.
Related to alcohol regulations, the bill:
• updates application and reporting requirements,
• requires that an alcoholic beverage license applicant provide proof of the applicant's right to occupy the
entire premises which the applicant seeks a license, and
• changes auditing timeframes for special restaurant licensees.
Related to pugilistic events regulations, the bill:
• renames the Florida State Boxing Commission to the Florida Athletic Commission (FAG), and
• gives full authority to FAG to determine glove requirements, and if gloves are required at all, for matches.
Related to condominium association regulations, the bill:
• requires the proposed annual budget to be provided to members of the association and adopted by the
board of directors no later than 30 days before the beginning of the fiscal year,
• provides that a person may not serve on a board if they are delinquent on an assessment payment,
• removes the requirement that the Ombudsman keep his or her principal office in Leon County, and
• allows DBPR to adopt rules on the submission of complaints against condominium associations.
Related to public lodging establishments and public food service establishments licensing procedures, the bill
removes partial initial fee payments, and instead requires that all fees be paid at the time of application.
The bill has no fiscal impact on local governments and has an indeterminate fiscal impact on state government.
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: h1517.RRS.DOCX
DATE: 3/17/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Department of Business and Professional Regulation
The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
businesses and professionals in Florida through the following divisions:
• The Division of Administration ,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations .1
The Division of Regulation is the enforcement authority for the Florida State Boxing Commission , Labor
Organizations and Business Agents, Farm Labor Program, Child Labor Program, and any professional
boards and programs housed within the Division of Professions. 2 To ensure compliance with applicable
laws and rules by those professions and related businesses, The Division of Regulation investigates
complaints, utilizes compliance mechanisms, and performs inspections. 3
The Division of Florida Condominiums , Timeshares, and Mobile Homes (FCTMH) provides consumer
protection for Florida residents living in regulated communities through education, complaint resolution,
mediation and arbitration, and developer disclosure. 4 FCTMH has limited regulatory authority over the
following business entities and individuals: 5
• Condominium Associations;
• Cooperative Associations;
• Florida Mobile Home Parks and related associations;
• Vacation Units and Timeshares;
• Yacht and Ship Brokers and related business entities; and
• Homeowners' Associations Uurisdiction is limited to arbitration of election and recall disputes).
The Division of Hotels and Restaurants (H&R) licenses, inspects and regulates public lodging and food
service establishments in Florida. The division also licenses and regulates elevators, escalators and
other vertical conveyance devic~s. 6
1 s. 20.165, F.S.
2
Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of
Business and Professional Regulation , Division of Regulation , http://www.myfloridalicense.com/dbpr/reg/index.html (last visited Mar. 19,
2021) .
3
Florida Department of Business and Professional Regulation, Division of Regulation , http://www.myfloridalicense.com/DBPR/division-
of-regulation/ (last visited Mar. 19, 2021 ).
4
Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Mar. 19, 2021 ).
s 1d.
6 Florida Department of Business and Professional Regulation, Division of Hotels and Restaurants,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/ (last visited Mar. 19, 2021).
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The Division of Alcoholic Beverages and Tobacco (ABT) regulates the manufacture, distribution, sale,
and service of alcoholic beverages and tobacco products in Florida, including:
• receipt and processing of license applications;
• collection and auditing of taxes, surcharges, and fees paid by licensees; and
• enforcement of the laws and regulations governing the sale of alcoholic beverages and tobacco
products.7
Tobacco
Background
ABT is responsible for the regulation of tobacco products under ch. 210, F.S., which sets out tax
requirements specific to cigarettes and tobacco products, and ch. 569, F.S. , which sets out
requirements for tobacco sales. 8
"Cigarettes" are defined ins. 210.01(1), F.S., relating to state taxes on cigarettes, as "any roll for
smoking, except one of which the tobacco is fully naturally fermented, without regard to the kind of
tobacco or other substances used in the inner roll or the nature or composition of the material in which
the roll is wrapped , which is made wholly or in part of tobacco irrespective of size or shape and whether
such tobacco is flavored , adulterated or mixed with any other ingredient." This definition does not
include cigars.
'Tobacco products" are defined ins. 210.25(11), F.S., relating to state taxes on tobacco products other
than cigarettes or cigars, as "loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable
for chewing."
Cigars, nicotine products, and nicotine dispensing devices are not included in these definitions, and
therefore they are not taxed·as a cigarette or tobacco product in Florida.9
A person, firm, association, or corporation must obtain a permit from ABT to function as any of the
following in Florida:
• retail tobacco products dealer, 10
• cigarette manufacturer, 11
• cigarette wholesale dealer, 12
• cigarette distributing agent, 13
• cigarette importer, 14
• cigarette exporter,15 or
• cigar wholesale dealer, 16 or
• tobacco wholesale dealer/distributor. 17
7
Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/ (last visited Mar. 19, 2021) .
6
S. 561 .02, F .S.
9 Ss. 210.01 (1 ), 210.25(12), F.S. "Nicotine dispensing device" means any product that employs an electronic, chemical, or mechanical
means to produce vapor from a nicotine product. "Nicotine products" do not include tobacco products , certain smoking cessation
products, and products with incidental nicotine. S. 877.112(1)(a),(b) , F.S.
10 S. 569.003, F.S.
11 Ss. 210.01(21) and 210.15, F.S.
12 Ss. 210.01(6) and 210.15(1), F.S.
13
Ss. 210.01(14) and 210.15(1), F.S.
14 Ss. 210.01(20) and 210.15(1), F.S.
15 Ss. 210.01(17) and 210.15(1), F.S.
16 S. 210.65(2), F.S.
1111 Ss. 210.25(5) and 210.40, F.S.
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ABT collects monthly business records related to cigarettes, which are used to accurately collect and
distribute cigarette taxes . Such records must be submitted to ABT by any manufacturer, importer,
distributing agent, wholesale dealer, retail dealer, common carrier, or any other person handling,
transporting, or possessing cigarettes for sale or distribution in Florida. ABT prescribes the manner in
which these records are submitted. 16
ABT also collects monthly returns showing the taxable price of each tobacco product, not including
cigarettes or cigars, that is manufactured or brought or caused to be brought into Florida for sale. Such
returns must be submitted by every place of business that sells or manufactures such tobacco products
in Florida. ABT prescribes the form and content for submitting such returns to ABT. Each return must
be accompanied by a remittance for the full tax liability shown.19
Effect of the Bill
The bill requires business records related to cigarette and tobacco products to be filed through ABT's
electronic data submission system.
The bill allows records related to taxes on cigarettes and tobacco products to be stored electronically.
The bill changes the requirements related to business records for tobacco products that must be
submitted to ABT. Instead of submitting a return showing the taxable price of each tobacco product for
sale or manufacture, tobacco product businesses must electronically submit a more detailed full and
complete report on each tobacco product for sale or manufacture.
Alcoholic Beverages
Requirements for Licensees and License Applicants - Current Situation
ABT is responsible for enforcing the Beverage Law and supervising the conduct, management, and
operation of the manufacturing, packaging, distribution, and sale of all alcoholic beverages in Florida. 20
Any person, before engaging in the business of manufacturing, bottling, distributing, selling, or in any
way dealing in alcoholic beverages, must file a sworn application in the format prescribed by ABT. The
applicant must be a legal or business entity, person, or persons and must include all persons, officers,
shareholders, and directors of such legal or business entity that have a direct or indirect interest in the
business seeking to be licensed under this part. The format and content of the application is determined
by ABT. 21
Before any application is approved, ABT may require such applicant to file a set of fingerprints with ABT
on regular United States Department of Justice (USDOJ) forms, and for any person or persons
interested directly or indirectly with the applicant in the business for which the license is being sought. 22
All applications for alcoholic beverage licenses for consumption on the premises shall be accompanied
by a certificate from H&R, the Department of Agriculture and Consumer Services, the Department of
Health, the Agency for Health Care Administration, or the county health department stating that the
place of business wherein the business is to be conducted meets all of the sanitary requirements of the
state. 23
18 S. 210.09(2), F.S. Some tax forms are electronically filed with ABT, and some require manual transmission . Department of Business
and Professional Regulation, Alcoholic Beverages and Tobacco- Forms & Publications, Licensing Related Forms, Tax-Related Forms,
http://www.myfloridalicense.com/DBPR/alcoholic-beverages-and-tobacco/forms-and-publications/#1516309637983-6566a2a.4-a2f1
(last visited Mar. 20, 2021).
19 S. 210.55(1), F.S.
20 S. 561.02, F.S.
21 S. 561 .17(1), F.S.
22 Id.
23 /d.
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Generally, for premises and manufacturing licenses, ABT requires that applicants must submit sketches
of the area and have some dominion and control over the area, but there is not a specific requirement
that applicants have a right of occupancy for the entire premises for which a license is sought. 24
There is also not a statutory requirement that licensees or applicants provide and maintain an electronic
mail address for communications with ABT.
Each manufacturer, distributor, broker, sales agent, importer, and exporter must keep a complete and
accurate record and make reports showing the amount of: 25
• beverages manufactured or sold within the state and to whom sold;
• beverages imported from beyond the limits of the state and to whom sold; and
• beverages exported beyond the limits of the state, to whom sold, the place where sold, and the
address of the person to whom sold.
Each manufacturer, distributor, broker, sales agent, and importer must send this full and complete
report to ABT by the 10th day of each month for the previous calendar month. The report must be made
out in triplicate: two copies must be sent to ABT, and the third copy must be retained for the licensee's
record. Reports must be made on forms prepared and furnished by ABT. 26
Requirements for Licensees and License Applicants - Effect of the Bill
The bill changes the mechanism through which applicants submit fingerprints to ABT. Instead of using
USDOJ forms, applicants will need to either file fingerprints electronically through an approved
electronic fingerprinting vendor, or use a form prescribed by the Florida Department of Law
Enforcement.
The bill requires that an applicant for any alcoholic beverage license to provide proof of the applicant's
right of occupancy for the entire premises for which the applicant is seeking a license.
The bill requires any person licensed or permitted by ABT to provide an electronic mail address to ABT
to function as the primary contact for all communication from ABT to the licensee or permittee. Such
licensees and permittees are responsible for maintaining accurate contact information with ABT.
The bill removes the requirement that reports on alcoholic beverages sold by a manufacturer,
distributor, broker, sales agent, and importer must be made out in triplicate. Instead, the reports will be
submitted to ABT through ABT's electronic data submission system.
Cancellation of Quota Beverage Licenses - Current Situation
If there are more applicants for a quota license than the number of available quota licenses, ABT must
provide a method of double random selection by public drawing to determine which applicants shall be
considered for issuance of licenses. The availability of licenses is determined by:
• an increase in the population of a county,
• a county permitting the sale of intoxicating beverages when such sale had been prohibited, or
• the revocation of a quota beverage license.
Currently, the availability of licenses is not determined by the cancellation of quota beverage licenses.
Cancellation of Quota Beverage Licenses - Effect of the Bill
24
Ss. 561.01 (11 ), 565.03(2)(c), F.S.; Email from Conner Mann, Office of Legislative Affairs, DBPR, RE: House Inquiry, (Dec. 19, 2019).
25 S. 561.55(1), F.S.
26 S. 561.55(2), F.S.
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The bill provides cancellation of quota beverage licenses is a basis to determine availability of quota
licenses.
Credit for the Sale of Liquor - Current Situation
Vendors have up to 10 days after the calendar week when a sale of liquor was made to make a timely
payment to a distributor for such liquor. When a vendor does not make a timely payment, the distributor
who made such sale must, within 3 days, notify ABT of such in writing .27
ABT must then give notice to such vendor that it has received a notice of payment delinquency from a
distributor. The vendor has 5 days after receipt of such notice to show cause and demand a hearing.
The demand must be delivered to ABT either in person or by due course of mail within those 5 days.28
If no such demand for hearing is made, ABT must declare in writing to such vendor and to all
manufacturers and distributors in Florida that all further sales to such vendor are prohibited until ABT
certifies in writing that such vendor has fully paid for all liquors previously purchased. 29
Credit for the Sale of Liquor - Effect of the Bill
The bill requires ABT to send a notice of payment delinquency to a vendor via electronic mail, not by
written notice or mail. The bill also allows a vendor to send a demand for a hearing to ABT via
electronic mail.
Permit Carriers - Current Situation
"Permit carrier'' is defined as "a licensee authorized to make deliveries as provided ins. 561.57, F.S." 30
In 2015, the Legislature passed a law amending s. 561.57, F.S. , which allowed a licensed vendor to
transport alcoholic beverages from a distributor's place of business to the vendor's licensed premises
or off-premises storage permitted by ABT without a vehicle permit. It also removed the requirement for
such vendors to possess an invoice or sales ticket during the transportation of alcoholic beverages.31
When this law was passed, the definition for "permit carrier," which was the name of the permit that was
removed, was erroneously left in statute and is now obsolete. 32
Permit Carriers - Effect of the Bill
The bill removes the obsolete definition for "permit carrier."
Auditing for Special Licenses - Current Situation
Section 561.20(1 ), F.S ., limits, by county, the number of alcoholic beverage licenses that may be
issued for the sale of distilled spirits, to one license per 7,500 residents within the county. These limited
alcoholic beverage licenses are known as "quota" licenses. 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, if certain conditions are met.
A "special license" is an exception to the quota licensing scheme, which allows certain entities to serve
liquor without a quota license. One such special license is a "special restaurant license," which applies
27 S. 561.42(3), F.S.
28 S. 561.42(4), F.S.
29 Id.
30 S. 561 .01 (20), F.S.
3 1 Ch . 2015-52, Laws of Fla.
32 Id.; S. 561.01, F.S.
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to a food service establishment that has 2,500 square feet, is equipped to serve 150 persons at one
time, and derives at least 51 percent of its gross food and beverage revenue from the sale of food and
nonalcoholic beverages. Such a food service establishment must be audited by ABT for compliance
with the food and nonalcoholic beverage sales percentage requirements during the first 60-day
operating period, and each 12-month operating period thereafter. Failure by a sales licensee to satisfy
the requirements as to the percentages of food and nonalcoholic beverage sales results in revocation
of the special license. A licensee whose license is revoked is ineligible to have an interest in a
subsequent application for a license for 120 days after the revocation. 33
Auditing for Special Licenses - Effect of the Bill
The bill changes ABT auditing timeframes for special restaurant licensees. The bill gives ABT more
time to complete the initial audit. The first audit must be performed within the first 120 days of
operation, instead of within the first 60 days.
Also, instead of a mandatory yearly audit, the timing for subsequent audits will be determined by the
following percentages of the licensee's gross food and beverage revenue from the sale of food and
non-alcoholic beverages, as established by the licensee's most recent audit:
• level 1 licensees, with 51 to 60 percent, will be audited every year;
• level 2 licensees, with 61 to 75 percent, will be audited every 2 years;
• level 3 licensees, with 76 to 90 percent, will be audited every 3 years; and
• level 4 licensees, with 91 to 100 percent, will be audited every 4 years.
Adulterating Liquors with Grains of Paradise - Current Situation
Section 562.455, F.S., provides that a person who adulterates, for the purpose of sale, any liquor, used
or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum,
copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is
poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated, is guilty of a
third degree felony. This law was enacted in 1868.
Grains of paradise is a spice related to ginger native to West Africa. 34 It is commonly used in alcoholic
beverages, food, and medicine. 35 Grains of paradise has been found to be generally regarded as safe
by the Food and Drug Administration (FDA). 36
On January 28, 2020, the United States District Court for the Southern District of Florida held that s.
562.455, F.S., as it relates to prohibiting the use of grains of paradise in liquor, is preempted by federal
law. 37 The court found that the Federal Food, Drug, and Cosmetic Act (FFDCA) and FDA regulations
conflict withs. 562.455, F.S., because it frustrates the purposes and objectives of the FFDCA and its
implementing FDA regulations. Under FFDCA, the FDA has broad regulatory authority to monitor and
control the introduction of "food additives" in interstate commerce. The FFDCA's purpose is to advance
food technology by allowing the use of safe food additives, and the Florida law prohibits the use of an
additive that has been found to be generally regarded as safe by the FDA. 38
Adulterating Liquors with Grains of Paradise - Effect of the Bill
33
S. 561.20(2)(a)4., F.S.
34
Merriam-Webster Dictionary, Grains of Paradise, https://www.merriam-webster.coh1/dictionary/grains%20of%20paradise (last visited
Mar. 19, 2021).
35
WebMD, Grains of Paradise, https://www.webmd .com/vitamins/ai/ingredientmono-670/grains-of-paradise (last visited Mar. 19, 2021);
SPICEography, Grains of Paradise: An African Spice with a European History, htlps://www.spiceography.com/gralns-of-paradise/ (last
visited Mar. 19, 2021).
36 21 C.F.R. § 182.10 (2020).
37
Marrache v. Bacardi U.S.A., Inc., No. 19-23856-Civ-Scola, 2020 WL 434928, at *3 (S.D. Florida Jan. 1, 2020).
38
Id. at *2.
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The bill removes "grains of paradise" from the list of prohibited ingredients in liquor, which will allow the
use of grains of paradise by a person without concern that they may be charged with a third degree
felony.
Construction Contractors
Background
The Construction Industry Licensing Board (CILB) under DBPR is responsible for licensing and
regulating professionals in the construction industry described in part I of ch. 489, F.S .. 39 The CILB
approves or denies applications for licensure, reviews disciplinary cases , and conducts informal
hearings relating to discipline.40
"Certified contractors" are contractors who are licensed by the CILB in a statutory license category and
are allowed to practice in any jurisdiction in the state. 41 Applicants for a construction contractor license
must meet the following criteria: 42
• Be at least 18 years of age;
• Submit an application and fee;
• Successfully pass the certification examination;
• Meet eligibility requirements according to a combination of education and experience as
approved by the CILB; and
• Provide evidence of:43
o Workers' compensation insurance,
o Public liability insurance,
o Property damage insurance, and
o Financial responsibility.
The CILB licenses the following statutory types of contractors: 44
• Division I is comprised of the following types of contractors:
o General ,
o Building, and
o Residential.
• Division II is comprised of the following types of contractors:
o Sheet metal,
o Roofing,
o Classes A, B, and C air conditioning,
o Mechanical,
o Commercial pool and spa,
o Residential pool and spa,
o Swimming pool and spa servicing ,
o Plumbing,
o Underground utility and excavation,
o Solar, and
o Pollutant storage systems.
"Registered contractors" are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which they are approved, only in the local
jurisdiction for which the license is issued. 45 Locally registered contractors that are required to hold a
39 S. 489.107, F.S.
40 Id.
41 S. 489.105, F.S.
42 Ss. 489.111(2)(c)1.-3., 489.113, F.S.
4 3 S. 489.115(5)(a)-(b), F.S.
44 S. 489.105(a)-(q}, F.S.; R. 6184-15.015-040, F.A.C.
45 S. 489.103, F.S.
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contracting license to practice their profession in accordance with state law must register with DBPR
after obtaining a local license.46 Local governments 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
Grandfathering Provision
Section 489.118, F.S., created a pathway that allowed registered local construction contractors who
met certain criteria to have their local registration converted into a certified statewide license by the
CILB.48 The provision required applicants to apply by November 1, 2015, and is thus is no longer
available for use by local registered contractors. This provision is commonly referred to as the
"grandfathering provision."
Any local registered construction contractor wishing to have a license converted into a certified
statewide license had to submit a completed application with a fee to the CILB and show evidence of
the following criteria :49
• Hold a valid registered local license in one of the statutory contractor categories.
• Passed a written examination that the board finds to be substantially similar to the examination
required to be licensed as a certified contractor.
• Has at least 5 years of experience as a contractor in that contracting category, or as an
inspector or building administrator with oversight over that category .
• Has not had their license revoked at any time, had their license suspended within the last 5
years, or been assessed a fine in excess of $500 within the last 5 years.
• Is in compliance with the insurance and financial responsibility requirements required of a
statewide applicant.
Licensing Fees
The CILB must establish by rule reasonable fees to be paid for applications, certification and renewal ,
registration and renewal, and recordmaking and recordkeeping .50
In addition to such fees, all contractors must pay a fee of $4 to DBPR at the time of application or
renewal to fund projects relating to the building construction industry or continuing education programs
offered to persons engaged in the building construction industry in Florida.
The CILB must advise DBPR on the most needed areas of research or continuing education based on:
• Significant changes in the industry's practices,
• Changes in the state building code,
• The most common types of consumer complaints, or
• Problems costing state or local governmental entities substantial waste .
DBPR must ensure the distribution of related research reports and the availability of continuing
education programs is made to all related segments of the construction industry. DBPR must report to
CILB in October of each year, summarizing the allocation of the funds by institution and summarizing
the new projects funded and the status of previously funded projects. 51
Effect of the Bill
46 Ss. 489 .105, & 489.117(4) , F.S.
47 Ss. 489.117, & 489.131 F.S.
48 S. 489 .118, F.S.
49 Id.
50 S. 489 .109(1), F.S.
51 S. 489.109(3), F.S.
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The bill reopens the grandfathering provision, allowing a registered local construction contractor to
obtain a statewide certification through the same process that was previously used if the registered
contractor meets such grandfathering requirements. Local contractors may make this conversion at any
time and the provision does not expire.
The bill removes the $4 additional application and renewal fee to fund projects and continuing
education programs related to areas of need in the construction industry.
The bill makes a conforming change.
Drugs, Devices, and Cosmetics
Background
The Division of Drugs, Devices, and Cosmetics (DDC) under DBPR protects the health, safety, and
welfare of Floridians from adulterated, contaminated, and misbranded drugs, drug ingredients, and
cosmetics by enforcing Part I of ch. 499, F.S., the Florida Drug and Cosmetic Act (FDCA). 52 The Act
conforms to United Stated Food and Drug Administration (FDA) drug laws and regulations and
authorizes DBPR to issue permits to Florida drug manufacturers and wholesale distributors and register
drugs manufactured, packaged, repackaged, labeled, or relabeled in Florida.53
Florida has 18 distinct permits based on the type of entity and intended activity, and includes permits
for entities within the state, out of state, or even outside of the United States. 54 DDC has broad
authority to inspect and discipline permittees for violations of state or federal laws and regulations,
which can include seizure and condemnation of adulterated or misbranded drugs or suspension or
revocation of a permit. 55
The types of permits issued by DDC are: 56
• Prescription drug manufacturer,
• Prescription drug repackager,
• Nonresident prescription drug manufacturer,
• Nonresident prescription drug repackager,
• Prescription drug wholesale distributor,
• Out-of-state prescription drug wholesale distributor,
• Retail pharmacy drug wholesale distributor,
• Restricted prescription drug distributor,
• Complimentary drug distributor,
• Freight forwarder,
• Veterinary prescription drug retail establishment,
• Veterinary prescription drug wholesale distributor,
• Limited prescription drug veterinary wholesale distributor,
• Over-the-counter drug manufacturer,
• Device manufacturer,
• Cosmetic manufacturer,
• Third party logistics provider, and
52 Florida Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics, available at
http://www.myfloridalicense.com/DBPR/drugs-devices-and-cosmetics/ (last visited Mar. 19, 2021).
53 S. 499.01, F.S.
54 A permit is required for a prescription drug manufacturer; a prescription drug repackager; a nonresident prescription drug
manufacturer; a prescription drug wholesale distributor; an out-of-state prescription drug wholesale distributor; a retail pharmacy drug
wholesale distributor; a restricted prescription drug distributor; a complimentary drug distributor; a freight forwarder; a veterinary
prescription drug retail establishment; a veterinary prescription drug wholesale distributor; a limited prescription drug veterinary
wholesale distributor; an over-the-counter drug manufacturer; a device manufacturer; a cosmetic manufacturer; a third party logistics
provider; or a health care clinic establishment. S. 499.01 (1 ), F.S .
55 Ss. 499.051, 499.062, 499.065. 499.066, 499.0661, and 499.067, F.S.
56 S. 499.01(1), F.S.
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• Health care clinic establishment.
Cosmetic Manufacturer Permits
The FDCA defines "cosmetic" as an article, with the exception of soap, that is: 57
• Intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to
the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or
altering the appearance; or
• Intended for use as a component of any such article.
A cosmetic manufacturer permit is required for any person that manufactures or repackages cosmetics
in Florida. A person that only labels or changes the labeling of a cosmetic, but does not open the
container sealed by the manufacturer of the product, is exempt from obtaining a permit. 58
Each cosmetics manufacturer must maintain business records that include:59
• The name and address of the seller or transferor of the product,
• The address of the location the product was shipped from,
• The date of the sale or distribution of the product,
• The name and quantity of the product involved, and
• The name and address of the person who purchased the product.
Cosmetics manufacturers must establish, maintain, or have the capability to create a current inventory
of the cosmetics at an establishment where manufacturing activities are undertaken, and be able to
produce such inventory for inspection by DBPR within 2 business days.60
Change of Ownership and Location
A permit issued by the department is nontransferable. Each permit is valid only for the person or
governmental unit to which it is issued and is not subject to sale, assignment, or other transfer,
voluntarily or involuntarily. A permit is not valid for any establishment other than the establishment for
which it was originally issued. 61 A permitee must notify DOC before making a change of address and
pay the change of location fee. 62
An application for a new permit is required when a majority of the ownership or controlling interest of a
permitted establishment is transferred or assigned, or when a lessee agrees to undertake or provide
services to the extent that legal liability for operation of the establishment will rest with the lessee. The
application for the new permit must be made before the date of the sale, transfer, assignment, or
lease. 63
Enforcement Actions
Generally, if any person engaged in any activity covered by the FCDA has been found to have violated
a provision, rule, or order under the FDCA, DOC may:64
• Obtain an injunction;
• Impose an administrative fine, not to exceed $5,000 per violation per day;
• Issue an emergency order immediately suspending or revoking a permit;
57 S. 499.003(12), F.S.
5s S. 499.01 (2)(p) , F .S.
59 S. 499.0121(6)(c), F.S.
50 S. 499.0121(6)(d), F.S .
61 S. 499.012(6), F.S.
62 S. 499.012(6)(a), F.S.
63 S. 499.012(6)(b), F.S.
64 S. 499.066, F.S.
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• Issue an emergency order to immediately remove from commerce and public access any drug,
device, or cosmetic;
• Issue a cease and desist order; 65 and
• Deny, suspend, or revoke a permit, certification, or registration. 66
DOC does not currently have explicit authority to issue citations.
Effect of the Bill
The bill provides that a person who manufactures cosmetics and has annual gross sales of $25,000 or
less is not required to obtain a permit. Upon request, an exempt cosmetics manufacturer must provide
to DOC written documentation to verify annual gross sales, including all sales of cosmetic products at
any location, regardless of the types of products sold or the number of persons involved in the
operation.
The bill provides that an exempt cosmetics manufacturer may only:
• Sell prepackaged cosmetics affixed with a label containing information required by the FDA.
• Manufacture and sell cosmetics that are soaps, not otherwise exempt from the definition of
cosmetics, lotions, moisturizers, and creams,
• Sell cosmetics that are not adulterated or misbranded, and
• Sell cosmetic products that are stored on the premises of the cosmetic manufacturing operation.
The bill requires each unit of cosmetics manufactured from an exempt manufacturer to contain in
contrasting color and not less than 10-point, the following statement: "Made by a manufacturer exempt
from Florida's cosmetic manufacturing permit requirements."
The bill allows DOC to investigate any complaint which alleges that an exempt cosmetics manufacturer
has violated the FDCA or a related rule. DDC's authorized officers or employees may enter and inspect
the premises of an exempt cosmetic manufacturer to determine compliance with the FDCA and related
rules. A refusal to permit entry to the premises or to conduct an inspection is grounds for disciplinary
action.
The bill does not exempt any person from any state or federal tax law, rule, regulation, or certificate, or
from any county or municipal law or ordinance that applies to cosmetic manufacturing.
The bill allows an establishment that requires a DOC permit that submits an application for a change of
ownership or controlling interest or a change of location with the required fees under this subsection, to
request a temporary permit granting the establishment authority to operate for no more than 90
calendar days before obtaining a permanent permit. The establishment must submit the request for a
temporary permit on a department form and obtain authorization to operate with the temporary permit
before operating under the change of ownership or operating at the new location. Upon authorization of
a temporary permit, the existing permit at the location for which the temporary permit is submitted is
immediately null and void . A temporary permit may not be extended and becomes null and void at
12:01 a.m. on the 91 st day after DOC authorized such temporary permit. Upon expiration of the
temporary permit, the establishment may not continue to operate under such permit.
The bill allows DOC to adopt rules to authorize the issuance of a remedial, nondisciplinary citation .
Such a citation may be issued to the person alleged to have committed a violation of the FDCA based
on an inspection complaint, and must contain the person's name, address, any applicable license
number; a brief factual statement; the sections of the law allegedly violated; and the monetary
assessment and or other remedial measures imposed. The bill provides that the person has 30 days
after the citation is served to contest the citation by providing supplemental and clarifying information to
65 S. 499.0661 (1 ), F.S.
66 S. 499.067, F.S.
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DOC. The citation must clearly state that the person may choose, in lieu of accepting the citation, to
have the department rescind the citation and conduct an investigation of only those alleged violations
contained in the citation.
The bill provides that such a citation must be rescinded by DOC if the person remedies or corrects the
violations or deficiencies contained in the citation within 30 days after the citation is served. If the
person does not successfully contest the citation to the satisfaction of DOC, or complete the remedial
action, the citation becomes a final order and does not constitute discipline. The bill provides that DOC
is entitled to recover the costs of investigation, in addition to any penalty provided according to
department rule, as part of the penalty levied pursuant to such citation. Such a citation must be issued
within 6 months after the filing of the complaint that is the basis for the citation. Service of a citation may
be made by personal service or certified mail, restricted delivery, to the person at the person's last
known address of record with DOC, or to the person's Florida registered agent. The bill allows DOC to
adopt rules to designate which violations qualify for a citation and the monetary assessments and or
other remedial measures that must be taken for those violations. Violations designated as subject to
issuance of a citation must be limited to violations for which there is no substantial threat to the public
health, safety, or welfare. DOC has continuous authority to amend its rules adopted pursuant to this
section.
Pugilistic Exhibitions
Background
Chapter 548, F.S., governs the Florida State Boxing Commission (FSBC). The function of the FSBC is
to license and regulate pugilistic events and matches, including professional boxing, kickboxing, and
mixed martial arts. The FSBC ensures that all matches are conducted in accordance with provisions of
state laws and rules. The FSBC designates employees to attend the matches, appoints match officials,
and ensures the matches are held in a safe and fair manner. 67 Members of the FSBC are appointed by
the Governor, and there are five members. 68
A match participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, 69
matchmaker, or promoter must be licensed by FSBC before directly or indirectly acting in such capacity
in connection with any match. In order to obtain a license, an applicant must: 70
• Complete an application in a form prescribed by the FSBC,
• Be at least 18 years of age, and
• Pay an application fee.
The FSBC generally establishes by rule any necessary protective devices that participants must wear,
and the appropriate weight of gloves to be used in each boxing match. However, by statute, all
participants in boxing matches must wear gloves weighing not less than 8 ounces each, and
participants in mixed martial arts matches must wear gloves weighing between 4 to 8 ounces each. 71
The FSBC requires that any glove intended to be used by a boxing or kickboxing participant in a match
to be whole, clean, in sanitary condition, and have the thumb attached. 72 When both participants in a
match weigh 154 pounds or less, both participants must use 8 ounce gloves, and when one or more of
the participants in a match weighs more than 154 pounds, both participants must use 10 ounce
gloves. 73
67 S. 548.003, F.S.
68 S. 548.003(1), F.S.
69
A physician must be licensed pursuant to chapter 458 or chapter 459, must maintain a license in good standing, and must
demonstrate satisfactory medical training or experience in boxing. S. 548.017, F.S.
70
S. 548.021, F.S.
11 S. 548.043(3), F.S.
72
R. 61 K1-3.030(2)(d), F.A.C.
73 R. 61 K1-3.030(2)(a), (b), F.A.C.
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For mixed martial arts participants, the FSBC requires gloves to be whole, clean, and in sanitary
condition. 74 Gloves must weigh no less than 4 ounces and no more than 8 ounces, but both participants
must wear the same weight gloves and use the same manufacturer of gloves as provided by the
promoter, unless both participants agree to use different manufacturers of gloves. 75
There is a debate as to whether bare knuckle boxing is safer or more dangerous than competitions with
gloves. Data on the topic is limited. Gloves were initially introduced to boxing matches in the 181h
century as a way to protect the participants' hands, not heads. 76 Experts opposed to bare knuckle
matches argue that gloves help in blocks and other defensive moves, and therefore provide head
protection, and that bare knuckle matches generally involve more body shots, which can result in
serious internal injuries.77 However, experts in favor of bare knuckle matches argue that the force
behind a bare knuckle punch is generally less than a gloved punch, which can be safer for head strikes,
and that a bare knuckle match generally involves less total strikes due to hand injuries resulting from no
glove protection, which can lead to less injuries overall. 78
In 2011, the Yavapai Nation in Arizona oversaw a bare knuckle boxing match on an Indian reservation,
that is generally believed to be the first sanctioned bare knuckle boxing match in the United States
since 1889. 79 In 2018, Wyoming became the first state to allow bare knuckle boxing matches, and held
°
a championship event. 8 Florida has since hosted events where the participants wore gloves that
exposed the knuckles.81 Currently, Wyoming, Mississippi, Florida, Kansas, and several Tribal Nations
allow sanctioned bare knuckle boxing events. 82
Effect of the Bill
The bill changes the name of the "Florida State Boxing Commission" to the "Florida Athletic
Commission."
The bill gives full authority to the FSBC to determine glove requirements and weights for any pugilistic
match, without a minimum or maximum weight set by statute. It also gives the FSBC the option of not
requiring any gloves for pugilistic matches.
Condominiums
FCTMH, a division within DBPR, provides education, complaint resolution, mediation and arbitration,
and developer disclosures for condominium associations. 83
74 R. 61K1-3.031(2)(b), F.A.C.
75 R. 61K1-3.031(2)(a), F.A.C .
76 Bob Moen, Bare-knuckle boxing from a bygone era looks for a comeback, AP News,
httos://aonews.com/a0926f603f6b4d83a958cc1d0fa9296e (last visited Mar. 19, 2021); Nick Wong , Why Bare-Knuckle Fighting May Be
Safer Than Boxing, Complex Media, Inc., httos://www.comolex .com/sports/2015/11/bare-knuckle-boxing (last visited Mar. 19, 2021).
77
Id.
7B Id.
79 Michael Woods, Reviving a bygone, bare-knuckle era, ESPN (Aug. 5, 2011),
https://www.espn .com/boxing/story/ /id/6835788/brinqinq-back-byqone-bare-knuckte-era-boxing (last visited Mar. 19, 2021) .
80 Josh Peter, Bare-knuckle boxing legally held in United States for first time, USA Today (Jun. 3, 2018),
https://www.usatoday.com/story/soorts/boxing/2018/06/02/bare-knuckle-boxinq-official-return/666535002/ (last visited Mar. 19, 2021 ).
81 Florida Department of Business and Professional Regulation, Match Results,
http://www.myfloridalicense.com/dbpr/pro/sbc/documents/BKFC6MatchResuJts.pdf (last visited Mar. 19, 2021 ); Combat Sports Law,
Let's Talk Florida and Bare Knuckle Boxing, https://combatsportslaw.com/2019/05/21 /lets-talk-florida-and-bare-knuckle-boxing/ (last
visited Mar. 19, 2021); Eric Kowal, BKFC blankets Tampa, Florida with public events ahead of KnuckleMania,
httos://www.bareknuckle.tv/post/bkfc-blankets-tampa-florida-with-oublic-events-ahead-of-knucklemania (last visited Mar. 20, 2021 ).
82 Combat Sports Law, Documenting Bare Knuckle Boxing Legality, https://combatsportslaw.com/2019/06/23/documenting-bare-
knuckle-boxing-legality/ (last visited Mar. 19, 2021 ).
83 Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
htto://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/, (last visited Mar. 19, 2021).
STORAGE NAME: h1517.RRS .D0CX PAGE: 14
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A condominium is a form of ownership of real property created pursuant to ch . 718, F.S., (the
Condominium Act) comprised of units which may be owned by one or more persons along with an
undivided right of access to common elements. 84 A condominium is created by recording a declaration
of condominium in the public records of the county where the condominium is located. 85 All unit owners
are members of the condominium association, an entity responsible for the operation and maintenance
of the common elements owned by the unit owners. The condominium association is overseen by an
elected board of directors, which enacts bylaws which govern the administration of the association .
Annual Budget
Every condominium association must have an annual financial budget that sets forth the proposed
expenditure of funds for the maintenance, management, and operation of the condominium. The annual
budget must include operating expenses for the coming year and reserve accounts for capital
expenditures and deferred maintenance. 86
In order to adopt a proposed annual budget, an association must hold a meeting to adopt the proposed
budget. The association must provide notice of the meeting and a copy of the proposed budget to the
members of the association at least 14 days before the meeting. 87 The proposed budget must be
detailed, and, at a minimum, include the condominium's estimated expenses, the estimated expenses
of each unit owner, and a statement that the proposed budget is a good faith estimate and represents
an approximation of the future expenses.88
Board Directors
The condominium association is overseen by an elected board of directors. The board is responsible
for managing the affairs of the association, has a fiduciary relationship with the unit owners, and has
the responsibility to act with the highest degree of good faith and to place the interests of the unit
owners above the personal interests of the directors. 89
There are two ways that a person may become a board member:
• A person may be elected to the board by the members of the association, 90 or
• A person is appointed to the board by the developer if the developer is still entitled to
representation, or by the board of directors if a vacancy on the board occurs between
meetings. 91
A condominium association's bylaws will establish the eligibility requirements to serve on the
association's board of directors. 92 However, current law also establishes minimum requirements in
order to serve on an association's board of directors. 93 In order to serve as a board director a person
may not: 94
• Be a co-owner of a unit with another director unless they own more than one unit or the
condominium association is made up of less than ten units;
• Be delinquent in the payment of any monetary obligation to the condominium association;
• Have been previously suspended or removed from a condominium association's board of
directors by FCTMH; or
8 4 S. 718.103(11), F.S.
85 S. 718.104(2), F.S.
86 S. 718.112(2)(1), F.S.
87 S. 718.112(2){e), F.S.
88 Ss. 718.112(2)(1), & 718.504(21) , F.S.
89 Ss. 718.103(4), 718.111, 718 .112, F.S.
90 S. 718.112(2)(d)4., F.S.
91 Ss. 617.0809, & 718.112(2)(d)9., F.S.
92 S. 718 .112(2)(a), F.S.
93 S. 718.112(2)(d), F.S.
94 Ss. 718 .112(2)(d), F.S.
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• Have been convicted of a felony, under certain circumstances .95
The term "monetary obligation" is not defined in the Condominium Act, but, according to legal experts, a
monetary obligation is considered to be any type of money owed to the association including fines,
fees, and assessments. 96
The Condominium Act also does not define the term "delinquent." According to DBPR, this can result in
confusion for purposes of determining if a person is eligible to serve as a board director, because many
associations have grace periods before late fees and interest applies to unpaid monetary obligations.
However, it is unclear if these grace periods apply related to board service eligibility. 97
Condominium Ombudsman
Within FCTMH is housed the Office of the Condominium Ombudsman (Ombudsman). The
Ombudsman is an attorney appointed by the Governor and a neutral resource for unit owners and
condominium associations. The Ombudsman is authorized to prepare and issue reports and
recommendations to the Governor, FCTMH, and the Legislature on any matter or subject within the
jurisdiction of FCTMH . In addition, the Ombudsman may make recommendations to FCTMH for
changes in rules and procedures for the filing, investigation, and resolution of complaints. 98
The Ombudsman also acts as a liaison between FCTMH, unit owners, and condominium associations,
and is responsible for developing policies and procedures to help affected parties understand their
rights and responsibilities .99
The Ombudsman is required to keep his or her principal office in Leon County. 100
Condominium Complaints Received by FCTMH
FCTMH is charged with ensuring that condominium associations comply with the requirements of the
Condominium Act and handling complaints alleging violations of the Condominium Act. FCTMH has
complete jurisdiction to investigate complaints and enforce compliance with the Condominium Act for
associations that are controlled by a developer, a bulk buyer, or a bulk assignee. 101 Once a developer
has turned control of the condominium to the association, FCTMH only has jurisdiction to investigate
complaints related to financial issues, elections, and unit owner access to official records. 102
Within 30 days of receiving a complaint, FCTMH must acknowledge the complaint in writing, and notify
the complainant whether the complaint is in its jurisdiction and whether additional information is
needed. If the complaint is within FCTMH's jurisdiction, FCTMH must investigate the complaint and
take action within 90 days of receiving the complaint or receiving additional information requested by
FCTMH. 103
9 s S. 718.111(1)(d), F.S.
96 See Ch . 718, F.S.; David G. Muller, Can delinquent owner run fora board, Naples Daily News, Aug . 17, 2019,
https://www.naplesnews.com/story/money/real- estate/2019/08/17/can-delinguent-owner-run-board/1985170001/ (last visited Mar. 19,
2021); Joe Adams, Term Limits Continue to Cause Confusion, Florida Condo & HOA Law Blog, Dec. 17, 2018,
httos://www.floridacondohoalawblog .com/2018/12/17/term-limits-continue-to-cause-confusion/ (last visited Mar. 19, 2021 ).
97 See Ch. 718, F.S.; Email from Gabe Peters, , Director of Legislative Affairs, Department of Business & Professional Regulation,
Condo Language Clarification (Jan . 10, 2020).
98 Ss. 718.5011 & 718.5012, F.S.
99 /d.
100 S. 718.5014, F.S.
101 A bulk assignee is a person who buys more than seven units in a single condominium and receives assignment of any of the
developer's rights. A bulk buyer is a person who buys more than seven units in a single condominium but does not receive any of the
developer's rights. S. 718.703, F.S.
102 Ss. 718.117, & 718.501, F.S.
103 S. 718.501(1)(m), F.S.
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Current law creates rules and requirements for filing complaints with DBPR against licensed
professionals regulated by DBPR. Complaints filed against licensed professionals must be in writing,
signed by the complainant, and legally sufficient. A complaint is legally sufficient if it contains ultimate
facts that show a violation of the licensed professional's practice act. 104 However, no such rules or
requirements exists for filing complaints against condominiums with FCTMH.
FCTMH provides a complaint form for condominium complaints, including a checklist of documents to
provide with the complaint, on its website. According to FCTMH, submitting a complaint on the
FCTMH's complaint form "may expedite the processing of your complaint." 105
According to DBPR, establishing rules and requirements for filing complaints against condominium
associations would allow FCTMH to be more efficient in resolving complaints. 106
Effect of the Bill
The bill provides that in addition to the current requirements for adopting a proposed annual budget,
such budget must be provided to members of the association and adopted by the board of directors no
later than 30 days before the beginning of the fiscal year, instead of only being provided to members 14
days before the meeting.
The bill provides that a person may not serve on a board if he or she is delinquent in the payment of an
assessment due to the condominium association, instead of any monetary obligation. Current law
defines "assessment" as an owner's share of funds that are required for the payment of common
expenses. 107
The bill also provides that a person is delinquent if a payment is not made by the due date identified in
the association's declaration, articles of incorporation, or bylaws. If no due date is specifically identified
in the condominium's declaration, articles of incorporation, or bylaws the due date is the first day of the
assessment period.
The bill removes the requirement that the Ombudsman must keep his or her principal office in Leon
County.
The bill provides that FCTMH may adopt rules regarding the submission of a complaint against a
condominium association.
Hotels and Restaurants
Background
H&R licenses, inspects, and regulates public lodging establishments and public food service
establishments in Florida. 108
"Public lodging establishment" includes: 109
• "Transient public lodging establishments," which means "any unit, group of units, dwelling,
building, or group of buildings within a single complex of buildings which is rented to guests
104 S. 455.225(1), F.S.
105 Florida Department of Business & Professional Regulation, How to File a Complaint,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/complaints/#1572463379489-2bc8adc0-ec6a (last visited
Mar. 19, 2021 ); Florida Department of Business & Professional Regulation, Instructions for Filing a Condominium/Cooperative
Complaint, http://www.myfloridalicense.com/dbpr/lsc/documents/cccomplaint.pdf (last visited Mar. 19, 2021).
106 Email from Gabe Peters, Director of Legislative Affairs, Department of Business & Professional Regulation, Condo Clarification (Jan.
10, 2020).
107 S. 718 .103(1), F.S.
106 S. 509.032, F.S.
109 S. 509.013(4), F.S.
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DATE: 3/17/2021
more than three times in a calendar year for periods of less than 30 days, or 1 calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests;" and
• "Nontransient public lodging establishments," which means "any unit, group of units, dwelling ,
building, or group of buildings within a single complex of buildings which is rented to guests for
periods of at least 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests for periods of at least 30 days or 1
calendar month ."
"Public food service establishments" means "any building , vehicle , place, or structure, or any room or
division thereof, where food is prepared, served, or sold for immediate consumption on or in the vicinity
of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption, " with certain exceptions. 110
Each public lodging establishment and public food service establishment must obtain a license from
H&R. Licenses are renewed annually, and H&R must adopt a rule establishing a staggered schedule
for license renewals .111
H&R adopts, by rule, a schedule of fees to be paid by each public lodging establishment and public
food service establishment for the issuance or renewal of a license. Such fees are based on the
number of rental units in the public lodging establishment, and based on seating capacity and services
offered for public food service establishments. 112 License fees generally range from $91 for a temporary
food vendor to $370 for a hotel with 501 or more rental units. 113
The fee schedules require such establishments applying for an initial license to pay the full license fee if
the application is made during the annual renewal period or more than 6 months before the next such
renewal period, and one-half of the fee if the application is made 6 months or less before the next
renewal period. 114 For example: if an applicant is applying for a hotel license with between 26 and 50
rental units, the initial license fee is $215, but if such applicant is applying for the license less than 6
months before the beginning of the next renewal period, the initial license fee is $112.50. Such
applicant will need to pay the full annual fee when the next renewal period begins.115
Effect of the Bill
For public lodging establishments and public food service establishments, the bill:
• removes the requirement for a staggered license renewal schedule, and instead allows H&R to
adopt rules regarding license issuance and renewals,
• clarifies rulemaking authority, and
• removes the partial initial fee payment based on when an application is submitted, and instead
requires that all fees be paid at the time of application.
The bill provides an effective date of July 1, 2021 .
B. SECTION DIRECTORY:
110 S. 509.013(5), F.S.
111 S. 509.241(1), F.S.
11 2 S. 509.251(1), (2), F.S.
113
Department of Business and Professional Regulation , Hotel and Restaurants - Hotel-Motel Guide,
http://www.myfloridalicense.com/DBPR/hotels-restaurantsllicensinglhotels-and-restaurants-hotel-motel-guide/ (last visited Mar. 19,
2021); Department of Business and Professional Regulation, Hotel and Restaurants - Food Service Fees,
http://www.myfloridalicense.com/DBPR/hotels-restaurantsllicensinqlhotels-and-restaurants-hotel-motel-guide/ (last visited Mar. 19,
2021 ).
114 Id.
115 Department of Business and Professional Regulation, Hotel and Restaurants - Hotel-Motel Guide,
http://www.myfloridalicense.com/DBPR/hotels-restaurants/licensing/hotels-and-restaurants-hotel-motel-guide/ (last visited Mar. 19,
2021) .
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Section 1 Amends s. 210.09, F.S., revising reporting requirements for cigarette sales.
Section 2 Amends s. 210.55, F.S., revising reporting requirements for tobacco products sales.
Section 3 Amends s. 210.60, F.S., revising reporting requirements for tobacco products sales
Section 4 Amends s. 489.109, F.S., removing a contractor fee.
Section 5 Amends s. 489.118, F.S., removing a deadline for a contractor licensing provision.
Section 6 Amends s. 499.01, F.S, providing a permit exception for certain small manufacturers.
Section 7 Amends s. 499.012, F.S., providing requirements for a temporary permit.
Section 8 Amends s. 499.066, F.S., giving authority to issue citations.
Section 9 Amends s. 509.241, F.S., revising fee schedules for public lodging establishments and
public food service establishments.
Section 10 Amends s. 509.251, F.S., revising fee schedules for public lodging establishments and
public food service establishments.
Section 11 Amends s. 548.003, F.S., renaming the Florida State Boxing Commission as the Florida
Athletic Commission.
Section 12 Amends s. 548.043, F.S., providing glove requirements for pugilistic events.
Section 13 Amends s. 553.841, F.S., conforming a provision.
Section 14 Amends s. 561.01, F.S., deleting the definition for "permit carrier."
Section 15 Amends s. 561.17, F.S., revising filing requirements for fingerprints for alcohol license
applicants, and requiring alcohol licensees to maintain current electronic mail addresses.
Section 16 Amends s. 561.19, F.S., revising when there is availability of quota licenses.
Section 17 Amends s. 561.20, F.S., revising audit requirements for special restaurant licenses.
Section 18 Amends s. 561.42, F.S., allowing certain notices to be given by electronic mail.
Section 19 Amends s. 561.55, F.S., revising requirements for reports related to alcohol licenses.
Section 20 Amends s. 562.455, F.S., revising qualities of adulterating liquors.
Section 21 Amends s. 718.112, F.S., providing eligibility requirements for members of a
condominium board of directors.
Section 22 Amends s. 718.501, F.S., allowing FCTMH to adopt rules prescribing the form of
condominium complaints.
Section 23 Amends s. 718.5014, F.S., revising primary office location requirements for the office of
the condominium ombudsman.
Section 24 Amends s. 455.219, F.S., conforming a provision
Section 25 Amends s. 548.002, F.S., conforming a provision.
Section 26 Amends s. 548.05, F.S., conforming a provision.
Section 27 Amends s. 548.071, F.S., conforming a provision.
Section 28 Amends s. 548.077, F.S., conforming a provision.
Section 29 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
DBPR expects the following fiscal impact on revenues: 116
Division of Alcoholic Beverages and Tobacco: Tax revenue may be maximized by the required
electronic submission of tax reports.
Division of Hotels and Restaurants: Based on internal projections for FY 21-22, the bill would
reduce the division's revenue by approximately 4.5%.
116 Department of Business and Professional Regulation, Agency Analysis of 2021 SB 1966, p. 9 (Mar. 12, 2021) .
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DATE: 3/17/2021
Under the current license fee structure, about 58% of new applicants pay an initial license fee for
some fraction of time and then pay the division again to renew their license within the same fiscal
year. Under the initiative, the division will collect a slightly larger initial license fee and a lower
amount of renewal fees during the first year of licensure for each new license. The initiative would
eliminate half year prorating of license fees, replacing it with a full year which slightly increases
division revenue but results in a true "annual license" from the start with no same fiscal year
renewals. Overall, based on internal projections for FY 2021-22, the initiative would reduce the
division's revenue by $1,678,093.43, or roughly 4.54%. The figures are derived from a projected
2.45% growth rate in division revenue and a projected 2.62% growth rate in Food & Lodging
License fees.
2021-22 2022-23 2023-24
Total Div. Revenue $36,968,791.25 $37,873,673.73 $38,800,704.95
Bill Difference $(1,678,093.43) $(1,722,036.96) $(1,767,131.22)
Revenue with bill $35,290,697.82 $36,151,636.77 $37,033,573.74
implemented
% Change -4.54% -4.55% -4.55%
Division of Professions: The bill removes a $4.00 fee that is currently required for GILB
applications and renewals which, based on historical data, may result in a revenue reduction of
$129,622 in Fiscal Year 2021-22 and $232,297 in Fiscal Year 2022-23.
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 make it easier for licensees to maintain their licenses due to clarified regulatory schemes
and routine auditing. The bill may allow more statewide contractors and cosmetics manufacturers to
practice in the state based on easing licensing requirements.
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:
STORAGE NAME: h1517.RRS.DOCX PAGE: 20
DATE: 3/17/2021
None.
8. RULE-MAKING AUTHORITY:
DBPR will need to create and update rules related to regulations on tobacco; alcohol; condominium
associations; drugs, devices, and cosmetics; and pugilistic events. DBPR has adequate existing
rulemaking authority or new rule making authority in the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h1517.RRS.D0CX PAGE: 21
DATE: 3/17/2021
F L O R D A H O U S E 0 F R E P R E S E N T A T I V E S
HB 1517 2021
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 210.09, F.S.;
4 requiring that certain reports relating to the
5 transportation or possession of cigarettes be filed
6 with the Division of Alcoholic Beverages and Tobacco
7 through the division's electronic data submission
8 system; providing that specified records relating to
9 cigarettes received, sold, or delivered within the
10 state may be kept in an electronic or paper format;
11 amending s. 210.55, F.S.; requiring that certain
12 entities file reports, rather than returns, relating
13 to tobacco products with the division; providing
14 requirements for such reports; amending s. 210 .6 0,
15 F.S.; providing that specified records relating to
16 tobacco products may be kept in an electronic or paper
17 format; amending s. 489.109, F.S.; removing provisions
18 relating to an additional fee for application and
19 renewal, transfer of funds, recommendations by the
20 Construction Industry Licens ing Board f or use of such
21 funds, distribution of such funds by the department,
22 and re quired reports of the departmen t , respectively;
23 amending s. 489.118, F .S.; removing an obsolete date;
24 amending s . 499 .0 1, F.S.; exempting certain persons
25 from speci fi ed permit requirements under certain
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26 circumstances; requiring an exempt cosmetics
27 manufacturer to provide, upon request, to the
28 department specified documentation verifying his or
29 her annual gross sales; authorizing an exempt
30 cosmetics manufacturer to only manufacture and sell
31 specified products; requiring specified labeling for
32 each unit of cosmetics manufactured by an exempt
33 cosmetic manufacturer; authorizing the department to
34 investigate complaints and to enter and inspect the
35 premises of an exempt cosmetics manufacturer;
36 providing disciplinary actions; providing
37 construction; amending s. 499.012, F.S.; authorizing
38 specified establishments to submit a request for a
39 temporary permit; requiring such establishments to
40 submit the request to the department on specified
41 forms; providing that upon authorization by the
42 department for a temporary permit for a certain
43 location, the existing permit for such location is
44 immediately null and void; prohibiting a temporary
45 permit from being extended; providing for expiration
46 of a temporary permit; prohibiting an establishment
47 from operating under an expired temporary permit;
48 amending s. 499.066, F.S.; authorizing the department
49 to adopt rules to permit the issuance of remedial,
50 nondisciplinary citations; providing requirements for
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51 such citations; providing for contest of and the
52 rescinding of a citation; authorizing the department
53 to recover specified costs relating to a citation;
54 providing a timeframe for when a citation may be
55 issued; providing requirements for the service of a
56 citation; authorizing the department to adopt and
57 amend rules, designate violations and monetary
58 assessments, and order remedial measures that must be
59 taken for such violations; amending s. 509.241, F.S.;
60 revising rulemaking requirements relating to public
61 lodging and food service licenses; amending s.
62 509.251, F.S.; deleting provisions relating to fee
63 schedule requirements; specifying that all fees are
64 payable in full upon submission of an application for
65 a public lodging establishment license or a public
66 food service license; amending s. 548.003, F.S.;
67 renaming the Florida State Boxing Commission as the
68 Florida Athletic Commission; amending s. 548.043,
69 F.S.; revising rulemaking requirements for the
70 commission relating to gloves; amending s. 553.841,
71 F.S.; conforming a provision to changes made by the
72 act; amending s. 561.01, F.S.; deleting the definition
73 of the term "permit carrier"; amending s. 561.17,
74 F.S.; revising a requirement related to the filing of
75 fingerprints with the division; requiring that
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76 applications be accompanied by certain information
77 relating to right of occupancy; providing requirements
78 relating to contact information for licensees and
79 permittees; amending s. 561.19, F.S.; revising
80 provisions relating to the availability of beverage
81 licenses to include by reason of the cancellation of a
82 quota beverage license; amending s. 561.20, F.S.;
83 conforming cross-references; revising requirements for
84 issuing special licenses to certain food service
85 establishments; amending s. 561.42, F.S.; requiring
86 the division, and authorizing vendors, to use
87 electronic mail to give certain notice; amending s.
88 561.55, F.S.; revising requirements for reports
89 relating to alcoholic beverages; amending s. 562.455,
90 F.S.; removing grains of paradise as a form of
91 adulteration of liquor used or intended for drink;
92 amending s. 718.112, F.S.; providing the circumstances
93 under which a person is delinquent in the payment of
94 an assessment in the context of eligibility for
95 membership on certain condominium boards; requiring
96 that an annual budget be proposed to unit owners and
97 adopted by the board before a specified time; amending
98 s. 718.501, F.S.; authorizing the Division of Florida
99 Condominiums, Timeshares, and Mobile Homes to adopt
100 rules regarding the submission of complaints against a
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101 condominium association; amending s. 718.5014, F.S.;
102 revising the location requirements for the principal
103 office of the condominium ombudsman; amending ss.
104 455.219, 548.002, 548.05, 548.071, and 548.077, F.S.;
105 conforming provisions to changes made by the act;
106 providing an effective date.
107
108 Be It Enacted by the Legislature of the State of Florida:
109
110 Section 1. Subsections (2) and (3) of section 210.09,
111 Florida Statutes, are amended to read:
112 210.09 Records to be kept; reports to be made;
113 examination.-
114 (2) The division is authorized to prescribe and promulgate
115 by rules and regulations, which shall have the force and effect
116 of the law, such records to be kept and reports to be made to
117 the division by any manufacturer, importer, distributing agent,
118 wholesale dealer, retail dealer, common carrier, or any other
119 person handling, transporting or possessing cigarettes for sale
120 or distribution within the state as may be necessary to collect
121 and properly distribute the taxes imposed bys. 210.02. All
122 reports shall be made on or before the 10th day of the month
123 following the month for which the report is made, unless the
124 division by rule or regulation shall prescribe that reports be
125 made more often. All reports shall be filed with the division
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126 through the division's electronic data submission system.
127 (3) All manufacturers, importers, distributing agents,
128 wholesale dealers, agents, or retail dealers shall maintain and
129 keep for a period of 3 years at the place of business where any
130 transaction takes place, such r~cords of cigarettes received,
131 sold, or delivered within the state as may be required by the
132 division. Such records may be kept in an electronic or pape r
133 format. The division or its duly authori z ed repres e ntative is
134 hereby authorized to examine the books, papers, invoices, and
135 other records, the stock of cigarettes in and upon any premises
136 where the same a r e placed, stored, and sold, and the equipment
137 of any such manufacturers, importers, distributing agents,
138 wholesale dealers, agents, or retail dealers, pertaining to the
139 sale and del i ve r y of cigarettes taxable under th i s part. To
140 veri f y the accuracy of the tax imposed and assessed by this
141 part, each person is hereby directed and required to give to the
142 div i sion or its duly a uthorized r e p r esentatives the means,
143 f acilities, and opportunity for such examinations as are herein
144 provided for and required.
145 Se ction 2. Se ct i on 210.55, Flo r ida Statute s , i s amended to
146 read:
1 47 210.55 Distributors; monthly r epor ts returns.-
1 48 (1) On or b efore the 1 0th of e a ch mon t h, every t a xpa yer
149 with a place of busine ss in this sta t e shall file a full a nd
150 complete report return with the d i vision showing the taxable
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151 price of each tobacco product brought or caused to be brought
152 into this state for sale, or made, manufactured, or fabricated
153 in this state for sale in this state, during the preceding
154 month. Every taxpayer outside this state shall file a full and
155 complete report with the division through the division's
156 electronic data submission system return showing the quantity
157 and taxable price of each tobacco product shipped or transported
158 to retailers in this state, to be sold by those retailers,
159 during the preceding month. Reports must Returns shall be made
160 upon forms furnished and prescribed by the division and must
161 shall contain any other information that the division requires.
162 Each report must return shall be accompanied by a remittance for
163 the full tax liability shown and be filed with the division
164 through the division's electronic data submission system.
165 (2) As soon as practicable after any report return is
166 filed, the division shall examine each report return and correct
167 it, if necessary, according to its best judgment and
168 information. If the division finds that any amount of tax is due
169 from the taxpayer and unpaid, it shall notify the taxpayer of
170 the deficiency, stating that it proposes to assess the amount
171 due together with interest and penalties. If a deficiency
172 disclosed by the division's examination cannot be allocated to
173 one or more particular months, the division shall notify the
174 taxpayer of the deficiency, stating its intention to assess the
175 amount due for a given period without allocating it to any
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176 particular months.
177 (3) If, within 60 days after the mailing of notice of the
178 proposed assessment, the taxpayer files a protest to the
179 proposed assessment and requests a hearing on it, the division
180 shall give notice to the taxpayer of the time and place fixed
181 for the hearing, shall hold a hearing on the protest, and shall
182 issue a final assessment to the taxpayer for the amount found to
183 be due as a result of the hearing. If a protest is not filed
184 within 60 days, the division shall issue a final assessment to
185 the taxpayer. In any action or proceeding in respect to the
186 proposed assessment, the taxpayer shall have the burden of
187 establishing the incorrectness or invalidity of any final
188 assessment made by the division.
189 (4) If any taxpayer required to file any report return
190 fails to do so within the time prescribed, the taxpayer shall,
191 on the written demand of the division, file the report return
192 within 20 days after mailing of the demand and at the same time
193 pay the tax due on its basis. If the taxpayer fails within that
194 time to file the report return, the division shall prepare the
195 report return from its own knowledge and from the information
196 that it obtains and on that basis shall assess a tax, which
197 shall be paid within 10 days after the division has mailed to
198 the taxpayer a written notice of the amount and a demand for its
199 payment. In any action or proceeding in respect to the
200 assessment, the taxpayer shall have the burden of establishing
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201 the incorrectness or invalidity of any report return or
202 assessment made by the division because of the failure of the
203 taxpayer to make a report return.
204 (5) All taxes are due not later than the 10th day of the
205 month following the calendar month in which they were incurred,
206 and thereafter shall bear interest at the annual rate of 12
207 percent. If the amount of tax due for a given period is assessed
208 without allocating it to any particular month, the interest
209 shall begin with the date of the assessment.
210 (6) In issuing its final assessment, the division shall
211 add to the amount of tax found due and unpaid a penalty of 10
212 percent, but if it finds that the taxpayer has made a false
213 report return with intent to evade the tax, the penalty shall be
214 50 percent of the entire tax as shown by the corrected report
215 return. In assessing a tax on the basis of a report return made
216 under subsection (4), the division shall add to the amount of
217 tax found due and unpaid a penalty of 25 percent.
218 (7) For the purpose of compensating the distributor for
219 the keeping of prescribed records and the proper accounting and
220 remitting of taxes imposed under this part, the distributor
221 shall be allowed 1 percent of the amount of the tax due and
222 accounted for and remitted to the division in the form of a
223 deduction in submitting his or her report and paying the amount
224 due; and the division shall allow such deduction of 1 percent of
225 the amount of the tax to the person paying the same for
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226 remitting the tax in the manner herein provided, for paying the
227 amount due to be paid by him or her, and as further compensation
228 to the distributor for the keeping of prescribed records and for
229 collection of taxes and remitting the same.
230 (a) The collection allowance may not be granted, nor may
231 any deduction be permitted, if the tax is delinquent at the time
232 of payment.
233 (b) The division may reduce the collection allowance by 10
234 percent or $50, whichever is less, if a taxpayer files an
235 incomplete report return.
236 1. An "in~omplete report return" means ±-s-, for purposes of
237 this sect i o n ~ ' a report return which is lacking such
238 uniformity, completeness, and arrangement that the physical
239 handling, verification, or review of the report return may not
240 be readily accomplished.
241 2. The division shall adopt rules requiring such
242 information as it may deem necessary to ensure that the tax
243 levied hereunder is properly collected, reviewed, compiled, and
244 enforced, including, but not limited to: the amount of taxable
245 sales; the amount of tax collected or due; the amount claimed as
246 the collection allowance; the amount of penalty and interest;
247 the amount due with the report return; and such other
248 information as the division may specify.
249 Section 3. Section 210.60, Florida Statutes, is amended to
250 read:
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251 210.60 Books, records, and invoices to be kept and
252 preserved; inspection by agents of division.-Every distributor
253 shall keep in each licensed place of business complete and
254 accurate records for that place of business, including itemized
255 invoices of tobacco products held, purchased, manufactured,
256 brought in or caused to be brought in from without the state, or
257 shipped or transported to retailers in this state, and of all
258 sales of tobacco products made, except sales to an ultimate
259 consumer. Such records shall show the names and addresses of
260 purchasers and other pertinent papers and documents relating to
261 the purchase, sale, or disposition of tobacco products. When a
262 licensed distributor sells tobacco products exclusively to
263 ultimate consumers at the addresses given in the license, no
264 invoice of those sales shall be required, but itemized invoices
265 shall be made of all tobacco products transferred to other
266 retail outlets owned or controlled by that licensed distributor.
267 All books, records and other papers, and other documents
268 required by this section to be kept shall be preserved for a
269 period of at least 3 years after the date of the documents, as
270 aforesaid, or the date of the entries thereof appearing in the
271 records, unless the division, in writing, authorizes their
272 destruction or disposal at an earlier date. At any time during
273 usual business hours, duly authorized agents or employees of the
274 division may enter any place of business of a distributor and
275 inspect the premises, the records required to be kept under this
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276 part, and the tobacco products contained therein to determine
277 whether all the provisions of this part are being fully complied
278 with. Refusal to permit such inspection by a duly authorized
279 agent or employee of the division shall be grounds for
280 revocation of the license. Every person who sells tobacco
281 products to persons other than an ultimate consumer shall render
282 with each sale an itemized invoice showing the seller's name and
283 address, the purchaser's name and address, the date of sale, and
284 all prices and discounts. The seller shall preserve legible
285 copies of all such invoices for 3 years from the date of sale.
286 Every retailer shall produce itemized invoices of all tobacco
287 products purchased. The invoices shall show the name and address
288 of the seller and the date of purchase. The retailer shall
289 preserve a legible copy of each such invoice for 3 years from
290 the date of purchase. Invoices shall be available for inspection
291 by authorized agents or employees of the division at the
292 retailer's place of business. Any records required by this
293 section may be kept in an electronic or paper format.
294 Section 4. Subsection (3) of section 489.109, Florida
295 Statutes, is amended to read:
296 489.109 Fees.-
297 (3) In additi o n to the fees provided in subsection (1) for
298 application and renewal for certification and registration , all
299 ccrtifieateholders and registrants ffl-USt pa:,· a fee of $ 4 to the
300 dcpartmeat at the time of application or renewal . The funds must
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301 be transferred at the end of each licensing period to the
302 department to fund projects relating to the building
303 construction industry or continuing education programs offered
304 to persons engaged in the building construction industry in
305 Florida , to be selected by the Florida Building Commission . The
306 board shaJ:l , at the time the funds are transferred , advise the
307 department on the most needed areas of research or continuing
308 education based on significant changes in the industry ' s
309 practices or on changes in the state building code or on the
310 most common types of consl:fffier complaints or on problems costing
311 the state or local goverl'lffiental entities substantial waste . The
312 board ' s advice is not binding on the department . The department
313 shall ensure the distribution of research reports and the
314 awailability of continuing education programs to all segments of
315 the building construction industry to \1hich they relate . The
316 department shall report to the board in October of each year ,
317 sU!flfflarizing the allocation of the funds by institution and
318 summarizing then.cw projects funded and the status 0£ previously
319 funded proj,;::cts .
320 Section 5. Section 489.118, Florida Statutes, is amended
321 to read:
322 489.118 Certification of registered contractors;
323 grandfathering provisions.-The board shall, upon receipt of a
324 completed application and appropriate fee, issue a certificate
325 in the appropriate category to any contractor registered under
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326 this part who makes application to the board and can show that
327 he or she meets each of the following requirements:
328 (1) Currently holds a valid registered local license in
329 one of the contractor categories defined in s. 48 9. 105 ( 3) (a) -
330 (p).
331 (2) Has, for that category, passed a written examination
332 that the board finds to be substantially similar to the
333 examination required to be licensed as a certified contractor
334 under this part. For purposes of this subsection, a written,
335 proctored examination such as that produced by the National
336 Assessment Institute, Block and Associates, NAI/Block, Experior
337 Assessments, Professional Testing, Inc., or Assessment Systems,
338 Inc., shall be considered to be substantially similar to the
339 examination required to be licensed as a certified contractor.
340 The board may not impose or make any requirements regarding the
341 nature or content of these cited examinations.
342 ( 3) Has at least 5 years of experience as a contractor in
343 that contracting category, or as an inspector or building
344 administrator with oversight over that category, at the time of
345 application. For contractors, only time periods in which the
346 contractor license is active and the contractor is not on
347 probation shall count toward the 5 years required by this
348 subsection.
349 (4) Has not had his or her contractor's license revoked at
350 any time, had his or her contractor's license suspended within
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351 the last 5 years, or been assessed a fine in excess of $500
352 within the last 5 years.
353 (5) Is in compliance with the insurance and financial
354 responsibility requirements ins. 489.115(5).
355
356 Applica nts wishing to obtain a certificate pursuant to this
357 section JRust make application by November 1 , 2015 .
358 Section 6. Paragraph (p) of subsection (2) of section
359 499.01, Florida Statutes, is amended to read:
360 499.01 Permits.-
361 (2) The following permits are established:
362 (p) Cosmetic manufacturer permit.-A cosmetic manufacturer
363 permit is required for any person that manufactures or
364 repackages cosmetics in this state. A person that only labels or
365 changes the labeling of a cosmetic but does not open the
366 container sealed by the manufacturer of the product is exempt
367 from obtaining a permit under this paragraph. A person who
368 manufactures cosmetics and has annual gross sales of $25,000 or
369 less is exempt from the permit requirements of this subsection.
370 Upon request , an exempt cosmetics manufacturer must provide to
371 the department written documentation to verify his or her annual
372 gross sales , including all sales of cosmetic products at any
373 location, regardless of the types of products sold or the number
374 of persons involved in the operation .
375 1. An exempt cosmetics manufacturer may only:
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376 a. Sell prepackaged cosmetics affixed with a label
377 containing information required by the United States Food and
378 Drug Administration.
379 b. Manufacture and sell cosmetics that are soaps, not
380 otherwise exempt from the definition of cosmetics, lotions,
381 moisturizers, and creams.
382 c. Sell cosmetics that are not adulterated or misbranded
383 in accordance with 21 U.S . C. ss. 361 and 362.
384 d. Sell cosmetic products that are stored on the premises
385 of the cosmetic manufacturing operation .
386 2. Each unit of cosmetics manufactured under this
387 paragraph must contain in contrasting color and not less than
388 10-point , the following statement: "Made by a manufacturer
389 exempt from Florida's cosmetic manufacturing permit
390 requirements."
391 3. The department may investigate any complaint which
392 alleges that an exempt cosmetics manufacturer has violated an
393 applicable provision of this chapter or rule adopted under this
394 chapter . The department's authorized officer or employee may
395 enter and inspect the premises of an exempt cosmetic
396 manufacturer to determine compliance with this chapter and
397 department rules, as applicable. A refusal to permit entry to
398 the premises or to conduct an inspection is grounds for
399 disciplinary action pursuant to s . 499.005.
400 4. This paragraph does not exempt any person from any
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401 state or federal tax law , rule , regulation , or certificate, or
402 from any county or municipal law or ordinance that applies to
403 cosmetic manufacturing.
404 Section 7. Paragraph (d) is added to subsection (6) of
405 section 499.012, Florida Statutes, to read:
406 499.012 Permit application requirements.-
407 (6) A permit issued by the department is nontransferable.
408 Each permit is valid only for the person or governmental unit to
409 which it is issued and is not subject to sale, assignment, or
410 other transfer, voluntarily or involuntarily; nor is a permit
411 valid for any establishment other than the establishment for
412 which it was originally issued.
413 (d) When an establishment that requires a permit pursuant
414 to this part submits an application to the department for a
415 change of ownership or controlling interest or a change of
416 location with the required fees under this subsection, the
417 establishment may also submit a request for a temporary permit
418 granting the establishment authority to operate for no more than
419 90 calendar days. The establishment must submit the request for
420 a temporary permit to the department on a form provided by the
421 department and obtain authorization to operate with the
422 temporary permit before operating under the change of ownership
423 or operating at the new location. Upon authorization of a
424 temporary permit , the existing permit at the location for which
425 the temporary permit is submitted is immediately null and void.
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426 A temporary permit may not be extended and shall expire and
427 become null and void by operation of law without further action
428 by the department at 12:01 a.m. on the 91st day after the
429 department authorizes such permit. Upon expiration of the
430 temporary permit, the establishment may not continue to operate
431 under such permit .
432
433 The department may revoke the permit of any person that fails to
434 comply with the requirements of this subsection.
435 Section 8. Subsection (8) is added to section 499.066,
436 Florida Statutes, to read:
437 499.066 Penalties; remedies.-In addition to other
438 penalties and other enforcement provisions:
439 (8) (a) The department shall adopt rules to authorize the
440 issuance of a remedial , nondisciplinary citation. A citation
441 shall be issued to the person alleged to have committed a
442 violation and contain the person's name, address, and license
443 number , if applicable; a brief factual statement; the sections
444 of the law allegedly violated; and the monetary assessment and
445 or other remedial measures imposed. The person shall have 30
446 days after the citation is served to contest the citation by
447 providing supplemental and clarifying information to the
448 department . The citation must clearly state that the person may
449 choose, in lieu of accepting the citation , to have the
450 department rescind the citation and conduct an investigation
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451 pursuant to s . 499.051 of only those alleged violations
452 contained in the citation. The citation shall be rescinded by
453 the department if the person remedies or corrects the violations
454 or deficiencies contained in the citation within 30 days after
455 the citation is served. If the person does not successfully
456 contest the citation to the satisfaction of the department, or
457 complete remedial action pursuant to this paragraph, the
458 citation becomes a final order and does not constitute
459 discipline.
460 (b) The department is entitled to recover the costs of
461 investigation , in addition to any penalty provided according to
462 department rule, as part of the penalty levied pursuant to a
463 citation.
464 (c) A citation must be issued within 6 months after the
465 filing of the complaint that is the basis for the citation.
466 (d) Service of a citation may be made by personal service
467 or certified mail , restricted delivery, to the person at the
468 person's last known address of record with the department , or to
469 the person's Florida registered agent.
470 (e) The department may adopt rules to designate those
471 violations for which a person is subject to the issuance of a
472 citation and the monetary assessments and or other remedial
473 measures that must be taken for those violations. Violations
474 designated as subject to issuance of a citation shall include
475 violations for which there is no substantial threat to the
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476 public health , safety, or welfare. The department has continuous
477 authority to amend its rules adopted pursuant to this section.
478 Section 9. Subsection (1) of section 509.241, Florida
479 Statutes, is amended to read:
480 509.241 Lice~ses required; exceptions.-
481 (1) LICENSES; ANNUAL RENEWALS.-Each public lodging
482 establishment and public food service establishment shall obtain
483 a license from the division. Such license may not be transferred
484 from one place or individual to another. It shall be a
485 misdemeanor of the second degree, punishable as provided ins.
486 775.082 ors. 775.083, for such an establishment to operate
487 without a license. Local law enforcement shall provide immediate
488 assistance in pursuing an illegally operating establishment. The
489 division may refuse a license, or a renewal th~reof, to any
490 establishment that is not constructed and maintained in
491 accordance with law and with the rules of the division. The
492 division may refuse to issue a license, or a renewal thereof, to
493 any establishment an operator of which, within the preceding 5
494 years, has been adjudicated guilty of, or has forfeited a bond
495 when charged with, any crime reflecting on professional
496 character, including soliciting for prostitution, pandering,
497 letting premises for prostitution, keeping a disorderly place,
498 or illegally dealing in controlled substances as defined in
499 chapter 893, whether in this state or in any other jurisdiction
500 within the United States, or has had a license denied, revoked,
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501 or suspended pursuant to s. 429.14. Licenses shall be renewed
502 annually, and the division shall adopt rules a rule establishing
503 procedures a staggered schedule for license issuance and
504 renewals. If any license expires while administrative charges
505 are pending against the license, the proceedings against the
506 license shall continue to conclusion as if the license were
507 still in effect.
508 Section 10. Subsections (1) and (2) of section 509.251,
509 Florida Statutes, are amended to read:
510 509.251 License fees.-
511 (1) The division shall adopt, by rule, a schedule of fees
512 to be paid by each public lodging establishment as a
513 prerequisite to issuance or renewal of a license. Such fees
514 shall be based on the number of rental units in the
515 establishment. The aggregate fee per establishment charged any
516 public lodging establishment may not exceed $1,000; however, the
517 fees described in paragraphs (a) and (b) may not be included as
518 part of the aggregate fee subject to this cap. Vacation rental
519 units or timeshare projects within separate buildings or at
520 separate locations but managed by one licensed agent may be
521 combined in a single license application, and the division shall
522 charge a license fee as if all units in the application are in a
523 single licensed establishment. The fee sche dule shall require an
524 establishment ~ghich applies for an initial license t o pay the
525 full license fee if application io made during the annual
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526 renewal period or more than 6 months before the ne:xt such
527 renewal period and one half of the fee if application is =made 6
528 months or less before such period . The fee schedule shall
529 include fees collected for the purpose of funding the
530 Hospitality Education Program, pursuant to s. 509.302. All fee sT
531 which are payable in full for each application at the time
532 , regardless of when the application is submitted.
533 (a) Upon making initial application or an application for
534 change of ownership, the applicant shall pay to the division a
535 fee as prescribed by rule, not to exceed $50, in addition to any
536 other fees required by law, which shall cover all costs
537 associated with initiating regulation of the establishment.
538 (b) A license renewal filed with the division after the
539 expiration date shall be accompanied by a delinquent fee as
540 prescribed by rule, not to exceed $50, in addition to the
541 renewal fee and any other fees required by law.
542 (2) The division shall adopt, by rule, a schedule of fees
543 to be paid by each public food service establishment as a
544 prerequisite to issuance or renewal of a license. The fee
545 schedule shall prescribe a basic fee and additional fees based
546 on seating capacity and services offered. The aggregate fee per
547 establishment charged any public food service establishment may
548 not exceed $400; however, the fees described in paragraphs (a)
549 and (b) may not be included as part of the aggregate fee subject
550 to this cap. The fee schedule shall require an establishment
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551 ;1hich applies for an initial license to pay the full license fee
552 if application is made .d uring the an.-.ual renewal period or more
553 than 6 months before the next such rene~,al period and one half
554 of the fee if application is ffiade 6 months or less before such
555 period. The fee schedule shall include fees collected for the
556 purpose of funding the Hospitality Education Program, pursuant
557 to s. 509.302. All fees, which arc payable in full for each
558 application at the time regardless of ~:hen the application is
559 submitted.
560 (a) Upon making initial application or an application for
561 change of ownership, the applicant shall pay to the division a
562 fee as prescribed by rule, not to exceed $50, in addition to any
563 other fees required by law, which shall cover all costs
564 associated with initiating regulation of the establishment.
565 (b) A license renewal filed with the division after the
566 expiration d~tc shall be accompanied by a delinquent fee as
567 prescribed by rule, not to exceed $50, in addition to the
568 renewal fee and any other fees required by law.
569 Section 11. Section 548.003, Florida Statutes, is amended
570 to read:
571 548.003 Florida Athletic State BoKing Commission.-
572 (1) The Florida Athletic State Bolfing Commission is
573 created and is assigned to the Department of Business and
574 Professional Regulation for administrative and fiscal
575 accountability purposes only. The Florida State Boxing
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576 cormnission shall consist of five members appointed by the
577 Governor, subject to confirmation by the Senate. One member must
578 be a physician licensed under pursuant to chapter 458 or chapter
579 459, who must maintain an unencumbered license in good standing,
580 and who must, at the time of her or his appointment, have
581 practiced medicine for at least 5 years. Upon the expiration of
582 the term of a commissioner, the Governor shall appoint a
583 successor to serve for a 4-year term. A cormnissioner whose term
584 has expired shall continue to serve on the cormnission until such
585 time as a replacement is appointed. If a vacancy on the
586 cormnission occurs before prior to the expiration of the term, it
587 shall be filled for the unexpired portion of the term in the
588 same manner as the original appointment.
589 (2) The E'lorida State Bo)(ing cormnission, as created by
590 subsection (1), shall administer the provisions of this chapter.
591 The commission has authority to adopt rules pursuant toss.
592 120.536(1) and 120.54 to implement the provisions of this
593 chapter and to implement each of the duties and responsibilities
594 conferred upon the cormnission, including, but not limited to:
595 (a) Development of an ethical code of conduct for
596 cormnissioners, commission staff, and cormnission officials.
597 (b) Facility and safety requirements relating to the ring,
598 floor plan and apron seating, emergency medical equipment and
599 services, and other equipment and services necessary for the
600 conduct of a program of matches.
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601 (c) Requirements regarding a participant's apparel,
602 bandages, handwraps, gloves, mouthpiece, and appearance during a
603 match.
604 (d) Requirements relating to a manager's participation,
605 presence, and conduct during a match.
606 (e) Duties and responsibilities of all licensees under
607 this chapter.
608 (f) Procedures for hearings and resolution of disputes.
609 (g) Qualifications for appointment of referees and judges.
610 (h) Qualifications for and appointment of chief inspectors
611 and inspectors and duties and responsibilities of chief
612 inspectors and inspectors with respect to oversight and
613 coordination of activities for each program of matches regulated
614 under this chapter.
615 (i) Setting fee and reimbursement schedules for referees
616 and other officials appointed by the commission or the
617 representative of the commission.
618 ( j) Establishment of criteria for approval, disapproval,
619 suspension of approval, and revocation of approval of amateur
620 sanctioning organizations for amateur boxing, kickboxing, and
621 mixed martial arts held in this state, including, but not
622 limited to, the health and safety standards the organizations
623 use before, during, and after the matches to ensure the health,
624 safety, and well-being of the amateurs participating in the
625 matches, including the qualifications and numbers of health care
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626 personnel required to be present, the qualifications required
627 for referees, and other requirements relating to the health,
628 safety, and well-being of the amateurs participating in the
629 matches. The commission may adopt by rule, or incorporate by
630 reference into rule, the health and safety standards of USA
631 Boxing as the minimum health and safety standards for an amateur
632 boxing sanctioning organization, the health and safety standards
633 of the International Sport Kickboxing Association as the minimum
634 health and safety standards for an amateur kickboxing
635 sanctioning organization, and the minimum health and safety
636 standards for an amateur mixed martial arts sanctioning
637 organization. The commission shall review its rules for
638 necessary revision at least every 2 years and may adopt by rule,
639 or incorporate by reference into rule, the then-existing current
640 health and safety standards of USA Boxing and the International
641 Sport Kickboxing Association. The commission may adopt emergency
642 rules to administer this paragraph.
643 (3) The commission shall maintain an office in
644 Tallahassee. At the first meeting of the commission after June 1
645 of each year, the commission shall select a chair and a vice
646 chair from among its membership. Three members shall constitute
647 a quorum and the concurrence of at least three members is
648 necessary for official commission action.
649 (4) Three consecutive unexcused absences or absences
650 constituting 50 percent or more of the commission's meetings
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651 within any 12-month period shall cause the commission membership
652 of the member in question to become void, and the position shall
653 be considered vacant. The commission shall, by rule, define
654 unexcused absences.
655 (5) Each commission member shall be accountable to the
656 Governor for the proper performance of duties as a member of the
657 commission. The Governor shall cause to be investigated any
658 complaint or unfavorable report received by the Governor or the
659 department concerning an action of the commission or any member
660 and shall take appropriate action thereon. The Governor may
661 remove from office any member for malfeasance, unethical
662 conduct, misfeasance, neglect of duty, incompetence, permanent
663 inability to perform official duties, or pleading guilty or nolo
664 contendere to or being found guilty of a felony.
665 (6) Each member of the commission shall be compensated at
666 the rate of $50 for each day she or he attends a commission
667 meeting and shall be reimbursed for other expenses as provided
668 ins. 112.061.
669 (7) The commission shall be authorized to join and
670 participate in the activities of the Association of Boxing
671 Commissions (ABC).
672 (8) The department shall provide all legal and
673 investigative services necessary to implement this chapter. The
674 department may adopt rules as provided in ss. 120.536(1) and
675 120.54 to carry out its duties under this chapter.
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676 Section 12. Subsection (3) of section 548.043, Florida
677 Statutes, is amended to read:
678 548.043 Weights and classes, limitations; gloves.-
679 (3) The commission shall establish by rule the need for
680 gloves, if any, and the weight of any such gloves to be used in
681 each pugilistic match the appropriate weight of gloves t o be
682 used in each bo~cing match ; howe·.rcr , all participants in bolfing
683 matches shall wear gloves weighing not less than 8 ounces each
684 and participants in ffliued fflartial arts matches shall ~war glo·.,eo
685 weighing 4 to 8 ounces each. Participants shall wear such
686 protective devices as the commission deems necessary.
687 Section 13. Subsection (5) of section 553.841, Florida
688 Statutes, is amended to read:
689 553.841 Building code compliance and mitigation program.-
690 (§) Eiaeh biennium , upon receipt of funds by the Department
691 of Business and Professional Regulation from the Construction
692 Industry Licensing Board and the Electrical Contractors '
693 Licensing Board provided under ss. 489.109(3) and 489 . 509(3) ,
694 the department shall determine the amount of funds available for
695 the Florida Building Code Compliance and ~htigation Program .
696 Section 14. Subsection (20) of section 561.01, Florida
697 Statutes, is amended to read:
698 561.01 Definitions.-As used in the Beverage Law:
699 (20) "Permit carrier" means a licensee authorized to make
700 deliveries as provided ins . 561 . 57.
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701 Section 15. Subsections (1) and (2) of section 561.17,
702 Florida Statutes, are amended, and subsection (5) is added to
703 that section, to read:
704 561.17 License and registration applications; approved
705 person.-
706 (1) Any person, before engaging in the business of
707 manufacturing, bottling, distributing, selling, or in any way
708 dealing in alcoholic beverages, shall file, with the district
709 licensing personnel of the district of the division in which the
710 place of business for which a license is sought is located, a
711 sworn application in the format prescribed by the division. The
712 applicant must be a legal or business entity, person, or persons
713 and must include all persons, officers, shareholders, and
714 directors of such legal or business entity that have a direct or
715 indirect interest in the business seeking to be licensed under
716 this part. However, the applicant does not include any person
717 that derives revenue from the license solely through a
718 contractual relationship with the licensee, the substance of
719 which contractual relationship is not related to the control of
720 the sale of alcoholic beverages. Before any application is
721 approved, the di vision may require the applicant to file a set
722 of fingerprints electronically through an approved electronic
723 fingerprinting vendor or on regular United States Department of
724 Justice forms prescribed by the Florida Department of Law
.725 Enforcement for herself or himself and for any person or persons
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726 interested directly or indirectly with the applicant in the
727 business for which the license is being sought, when required by
728 the division. If the applicant or any person who is interested
729 with the applicant either directly or indirectly in the business
730 or who has a security interest in the license being sought or
731 has a right to a percentage payment from the proceeds of the
732 business, either by lease or otherwise, is not qualified, the
733 division shall deny the application. However, any company
734 regularly traded on a national securities exchange and not over
735 the counter; any insurer, as defined in the Florida Insurance
736 Code; or any bank or savings and loan association chartered by
737 this state, another state, or the United States which has an
738 interest, directly or indirectly, in an alcoholic beverage
739 license is not required to obtain the division's approval of its
740 officers, directors, or stockholders or any change of such
741 positions or interests. A shopping center with five or more
742 stores, one or more of which has an alcoholic beverage license
743 and is required under a lease common to all shopping center
744 tenants to pay no more than 10 percent of the gross proceeds of
745 the business holding the license to the shopping center, is not
746 considered as having an interest, directly or indirectly, in the
747 license. A performing arts center, as defined ins. 561.01,
748 which has an interest, directly or indirectly, in an alcoholic
'
749 beverage license is not required to obtain division approval of
750 its volunteer officers or directors or of any change in such
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751 positions or interests.
752 (2) All applications for any alcoholic beverage license
753 must be accompanied by proof of the applicant's right of
754 occupancy for the entire premises sought to be licensed. All
755 applications for alcoholic beverage licenses for consumption on
756 the premises shall be accompanied by a certificate of the
757 Division of Hotels and Restaurants of the Department of Business
758 and Professional Regulation, the Department of Agriculture and
759 Consumer Services, the Department of Health, the Agency for
760 Health Care Administration, or the county health department that
761 the place of business wherein the business is to be conducted
762 meets all of the sanitary requirements of the state.
763 (5) Any person or entity licensed or permitted by the
7 64 division must provide an electronic mail address to the division
765 to function as the primary contact for all communication by the
766 division to the licensee or permittees. Licensees and permittees
767 are responsible for maintaining accurate contact information on
768 file with the division.
769 Section 16. Paragraph (a) of subsection (2) of section
770 561.19, Florida Statutes, is amended to read:
771 561.19 License issuance upon approval of division.-
772 (2) (a) When beverage licenses become available by reason
773 of an increase in the population of a county, by reason of a
774 county permitting the sale of intoxicating beverages when such
775 sale had been prohibited, or by reason of the cancellation or
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776 revocation of a quota beverage license, the division, if there
777 are more applicants than the number of available licenses, shall
778 provide a method of double random selection by public drawing to
779 determine which applicants shall be considered for issuance of
780 licenses. The double random selection drawing method shall allow
781 each applicant whose application is complete and does not
782 disclose on its face a?y matter rendering the applicant
783 ineligible an equal opportunity of obtaining an available
784 license. After all applications are filed with the director, the
785 director shall then determine by random selection drawing the
786 order in which each applicant's name shall be matched with a
787 number selected by random drawing, and that number shall
788 determine the order in which the applicant will be considered
789 for a license. This paragraph does not prohibit a person holding
790 a perfected lien or security interest in a quota alcoholic
791 beverage license, in accordance withs. 561.65, from enforcing
792 the lien or security interest against the license within 180
793 days after a final order of revocation or suspension. A revoked
794 quota alcoholic beverage license encumbered by a lien or
795 security interest, perfected pursuant to s. 561.65, may not be
796 issued under this subsection until the 180-day period has
797 elapsed or until such enforcement proceeding is final.
798 Section 17. Paragraph (a) of subsection (2) of section
799 561.20, Florida Statutes, is amended to read:
800 561.20 Limitation upon number of licenses issued.-
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801 (2) (a) The limitation of the number of licenses as
802 provided in this section does not prohibit the issuance of a
803 special license to:
804 1. Any bona fide hotel, motel, or motor court of not fewer
805 than 80 guest rooms in any county having a population of less
806 than 50,000 residents, and of not fewer than 100 guest rooms in
807 any county having a population of 50,000 residents or greater;
808 or any bona fide hotel or motel located in a historic structure,
809 as defined ins. 561.01(20) s. 561.01(21), with fewer than 100
810 guest rooms which derives at least 51 percent of its gross
811 revenue from the rental of hotel or motel rooms, which is
812 licensed as a public lodging establishment by the Division of
813 Hotels and Restaurants; provided, however, that a bona fide
814 hotel or motel with no fewer than 10 and no more than 25 guest
815 rooms which is a historic structure, as defined ins. 561.01(20)
816 s. 561.01(21), in a municipality that on the effective date of
817 this act has a population, according to the University of
818 Florida's Bureau of Economic and Business Research Estimates of
819 Population for 1998, of no fewer than 25,000 and no more than
820 35,000 residents and that is within a constitutionally chartered
821 county may be issued a special license. This special license
822 shall allow the sale and consumption of alcoholic beverages only
823 on the licensed premises of the hotel or motel. In addition, the
824 hotel or motel must derive at least 60 percent of its gross
825 revenue from the rental of hotel or motel rooms and the sale of
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826 food and nonalcoholic beverages; provided that this subparagraph
827 shall supersede local laws requiring a greater number of hotel
828 rooms;
829 2. Any condominium accommodation of which no fewer than
830 100 condominium units are wholly rentable to transients and
831 which is licensed under chapter 509, except that the license
832 shall be issued only to the person or corporation that operates
833 the hotel or motel operation and not to the association of
834 condominium owners;
835 3. Any condominium accommodation of which no fewer than 50
836 condominium units are wholly rentable to transients, which is
837 licensed under chapter 509, and which is located in any county
838 having home rule under s. 10 ors. 11, Art. VIII of the State
839 Constitution of 1885, as amended, and incorporated by reference
840 ins. 6(e), Art. VIII of the State Constitution, except that the
841 license shall be issued only to the person or corporation that
842 operates the hotel or motel operation and not to the association
843 of condominium owners;
844 4. A food service establishment that has 2,500 square feet
845 of service area, is equipped to serve meals to 150 persons at
846 one time, and derives at least 51 percent of its gross food and
847 beverage revenue from the sale of food and nonalcoholic
848 beverages during the first 120-d~ 60 day operating period and
849 the first eaefi 12-month operating period thereafter. Subsequent
850 audit timeframes must be based upon the audit percentage
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851 established by the most recent audit and conducted on a
852 staggered scale as follows: level 1 , 51 percent to 60 percent ,
853 every year; level 2 , 61 percent to 75 percent , every 2 years ;
854 level 3 , 76 percent to 90 percent , every 3 years ; and level 4 ,
855 91 percent to 100 percent , every 4 years. A food service
856 establishment granted a special license on or after January 1,
857 1958, pursuant to general or special law may not operate as a
858 package store and may not sell intoxicating beverages under such
859 license after the hours of serving or consumption of food have
860 elapsed. Failure by a licensee to meet the required percentage
861 of food and nonalcoholic beverage gross revenues during the
862 covered operating period shall result in revocation of the
863 license or denial of the pending license application. A licensee
864 whose license is revoked or an applicant whose pending
865 application is denied, or any person required to qualify on the
866 special license application, is ineligible to have any interest
867 in a subsequent application for such a license for a period of
8 68 120 days after the date of the final denial or revocation;
869 5. Any caterer, deriving at least 51 percent of its gross
870 food and beverage revenue from the sale of food and nonalcoholic
871 beverages at each catered event, licensed by the Division of
872 Hotels and Restaurants under chapter 509. This subparagraph does
873 not apply to a culinary education program, as defined ins.
874 381.0072(2), which is licensed as a public food service
875 establishment by the Division of Hotels and Restaurants and
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876 provides catering services. Notwithstanding any law to the
877 contrary, a licensee under this subparagraph shall sell or serve
878 alcoholic beverages only for consumption on the premises of a
879 catered event at which the licensee is also providing prepared
880 food, and shall prominently display its license at any catered
881 event at which the caterer is selling or serving alcoholic
882 beverages. A licensee under this subparagraph shall purchase all
883 alcoholic beverages it sells or serves at a catered event from a
884 vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
885 under s. 565.02(1) subject to the limitation imposed in
886 subsection (1), as appropriate. A licensee under this
887 subparagraph may not store any alcoholic beverages to be sold or
BBB served at a catered event. Any alcoholic beverages purchased by
889 a licensee under this subparagraph for a catered event that are
890 not used at that event must remain with the customer; provided
891 that if the vendor accepts unopened alcoholic beverages, the
892 licensee may return such alcoholic beverages to the vendor for a
893 credit or reimbursement. Regardless of the county or counties in
894 which the licensee operates, a licensee under this subparagraph
895 shall pay the annual state license tax set forth ins.
896 5 65. 02 ( 1) (b) . A licensee under this subparagraph must maintain
897 for a period of 3 years all records and receipts for each
898 catered event, including all contracts, customers' names, event
899 locations, event dates, food purchases and sales, alcoholic
900 beverage purchases and sales, nonalcoholic beverage purchases
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901 and sales, and any other records required by the department by
902 rule to demonstrate compliance with the requirements of this
903 subparagraph. Notwithstanding any law to the contrary, any
904 vendor licensed under s. 565.02(1) subject to the limitation
905 imposed in subsection (1), may, without any additional licensure
906 under this subparagraph, serve or sell alcoholic beverages for
907 consumption on the premises of a catered event at which prepared
908 food is provided by a caterer licensed under chapter 509. If a
909 licensee under this subparagraph also possesses any other
910 license under the Beverage Law, the license issued under this
911 subparagraph ma y shall not authorize the holder to conduct
912 activities on the premises to which the other license or
913 licenses apply that would otherwise be prohibited by the terms
914 of that license or the Beverage Law. Nothing in this section
915 shall permit the licensee to conduct activities that are
916 otherwise prohibited by the Beverage Law or local law. The
917 Division of Alcoholic Beverages and Tobacco is hereby authorized
918 to adopt rules to administer the license created in this
919 subparagraph, to include rules governing licensure,
1
920 recordkeeping, and enforcement. The first $300, 000 in fees
921 collected by the division each fiscal year pursuant to this
922 subparagraph shall be deposited in the Department of Children
923 and Families' Operations and Maintenance Trust Fund to be used
924 only for alcohol and drug abuse education, treatment, and
925 prevention programs. The remainder of the fees collected shall
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926 be deposited into the Hotel and Restaurant Trust Fund created
927 pursuant to s. 509.072; or
928 6. A culinary education program as defined ins.
929 381.0072(2) which is licensed as a public food service
930 establishment by the Division of Hotels and Restaurants.
931 a. This special license shall allow the sa l e and
932 consumption of alcoholic beverages on the licensed premises of
933 the culinary education program. The cul i nary education program
934 shall specify designated areas in the facility where the
935 alcoholic beverages may be consumed at the time of application.
936 Alcoholic beverages sold for consumption on the premises may be
937 consume d only in areas d e signated pursuant to s. 561.01(11) and
938 may not be removed from the designated area. Such license shall
939 be applicable only in and for designated areas used by the
940 culinary education program.
941 b. If the culinary education program provides catering
942 services, this special license shall also allow the sale and
943 consumption of alcoholic beverages on the premises of a catered
944 event at which the licensee is also providing prepared food. A
945 culinary education program that provides catering services is
946 not require d to de r ive at leas t 51 percent of its g ro ss revenue
947 from the sale of food and nonalcoholic beverages.
948 Notwithstanding any law to the contrary, a licensee that
949 provides catering services under this sub-subparagraph shall
950 prominently display its beverage license at any catered event at
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951 which the caterer is selling or serving alcoholic beverages.
952 Regardless of the county or counties in which the licensee
953 operates, a licensee under this sub-subparagraph shall pay the
954 annual state license tax set forth in s. 565.02 (1) (b). A
955 licensee under this sub-subparagraph must maintain for a period
956 of 3 years all records required by the department by rule to
957 demonstrate compliance with the requirements of this sub-
958 subparagraph.
959 c. If a licensee under this subparagraph also possesses
960 any other license under the Beverage Law, the license issued
961 under this subparagraph does not authorize the holder to conduct
962 activities on the premises to which the other license or
963 licenses apply that would otherwise be prohibited by the terms
964 of that license or the Beverage Law. Nothing in this
965 subparagraph shall permit the licensee to conduct activities
966 that are otherwise prohibited by the Beverage Law or local law.
967 Any culinary education program that holds a license to sell
968 alcoholic beverages shall comply with the age requirements set
969 forth in ss. 562.11(4), 562.111(2), and 562.13.
970 d. The Division of Alcoholic Beverages and Tobacco may
971 adopt rules to administer the license created in this
972 subparagraph, to include rules governing licensure,
973 recordkeeping, and enforcement.
974 e. A license issued pursuant to this subparagraph does not
975 permit the licensee to sell alcoholic beverages by the package
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97 6 for off-premises consumption .
977
978 However, any license heretofore issued to any such hotel, motel,
979 motor court, or restaurant or hereafter issued to any such
980 hotel, motel, or motor court, including a condominium
981 accommodation, under the general law shall not be moved to a new
982 location, such license being valid only on the premises of such
983 hotel, motel, motor court, or restaurant. Licenses issued to
984 hotels, motels, motor courts, or restaurants under the general
985 law and held by such hotels, motels, motor courts, or
986 restaurants on May 24, 1947, shall be counted in the quota
987 limitation contained in subsection (1). Any license issued for
988 any hotel, motel, or motor court under this law shall be issued
989 only to the owner of the hotel, motel, or motor court or, in the
990 event the hotel, motel, or motor court is leased, to the lessee
991 of the hotel, motel, or motor court; and the license shall
992 remain in the name of the owner or lessee so long as the license
993 is in existence. Any special license now in existence heretofore
994 issued under this law cannot be renewed except in the name of
995 the owner of the hotel, motel, motor court, or restaurant or, in
996 the event the hotel, motel, motor court, or restaurant is
997 leased, in the name of the lessee of the hotel, motel, motor
998 court, or restaurant in which the license is located and must
999 remain in the name of the owner or less e e so long as the license
1000 is in existence. Any license issued under this section shal l be
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1001 marked "Special," and nothing herein provided shall limit,
1002 restrict, or prevent the issuance of a special license for any
1003 restaurant or motel which shall hereafter meet the requirements
1004 of the law existing immediately prior to the effective date of
1005 this act, if construction of such restaurant has commenced prior
1006 to the effective date of this act and is completed within 30
1007 days thereafter, or if an application is on file for such
1008 special license at the time this act takes effect; and ~ny such
1009 licenses issued under this proviso may be annually renewed as
1010 now provided by law. Nothing herein prevents an application for
1011 transfer of a license to a bona fide purchaser of any hotel,
1012 motel, motor court, or restaurant by the purchaser of such
1013 facility or the transfer of such license pursuant to law.
1014 Section 18. Subsect i on (4) of section 561.42, Florida
1015 Statutes, is amended to read:
1016 561.42 Tied house evil; financial aid and assistance to
1017 vendor by manufa cture r, distributor, i mporter, p r imary Ameri can
1018 source of supply, brand owner or registrant, or any broker,
1019 sales agent, or sales person thereof, prohibited; procedure for
102 0 en f orcement ; exc ept i on. -
1021 ( 4) Before the divis i on shall so declare and prohibit such
102 2 sales to such v e ndor, it shall, within 2 days after rece i pt of
102 3 such notice 7 the d i vis i on shal l give written notice to such
1024 v endor by e l e ctronic mail of the rec e ipt by the division of such
1025 notificat i on of delinquency and s u ch vendor shall be directed to
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1026 forthwith make payment thereof or, upon failure to do so, to
1027 show cause before the division why further sales to such vendor
1028 may shall not be prohibited. Good and sufficient cause to
1029 prevent such action by the division may be made by showing
1030 payment, failure of consideration, or any other defense which
1031 would be considered sufficient in a common-law action. The
1032 vendor shall have 5 days after ser v i ce receipt of such notice
1033 v i a el ectroni c ma il within which to show such cause, and he or
1034 she may demand a hearing thereon, provided he or she does so in
1035 writing within said 5 days, such written demand to be delivered
1036 to the division either in person , by el ec tr on i c ~ ail , or by due
1037 course of mail within such 5 days. If no such demand for hearing
1038 is made, the division shall thereupon declare in writing to such
1039 vendor and to all manufacturers and distributors within the
1040 state that all further sales to such vendor are prohibited until
1041 such time as the division certifies in writing that such vendor
1042 has fully paid for all liquors previously purchased. In the
1043 event such prohibition of sales and declaration thereof to the
1044 vendor, manufacturers, and distributors is ordered by the
1045 division, the vendor may seek review of such decision by the
1046 Department of Business and Professional Regulation within 5
1047 days. In the event application for such review is filed within
1048 such time, such prohibition of sales may shall not be made,
1049 published, or declared until final disposition of such review by
1050 the department.
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1051 Section 19. Subsection (2) of section 561.55, Florida
1052 Statutes, is amended to read:
1053 561.55 Manufacturers', distributors', brokers', sales
1054 agents', importers', vendors', and exporters' records and
1055 reports.-
1056 (2) Each manufacturer, distributor, broker, sales agent,
1057 and importer shall make a full and complete report by the 10th
1058 day of each month for the previous calendar month. The report
1059 must be shall be Htade out i n triplicate ; t·.,o copies shall be
1060 sent to the division , and the third copy shall be retained for
1061 the manufacturer's , distributor ' s , broker ' s , sa.les agent ' s , or
1062 importer ' s record . Reports shall be made on forms prepared afiEi
1063 furnished by the division and filed with the division through
1064 the division's electronic data submission system.
1065 Section 20. Section 562.455, Florida Statutes, is amended
1066 to read:
1067 562.455 Adulterating liquor; penalty.-Whoever adulterates,
1068 for the purpose of sale, any liquor, used or intended for drink,
1069 with cocculus indicus, vitriol, grains of paradise , opium, alum,
1070 capsicum, copperas, laurel water, logwood, brazil wood,
1071 cochineal, sugar of lead, or any other substance which is
1072 poisonous or injurious to health, and whoever knowingly sells
1073 any liquor so adulterated, commits shall be guilty of a felony
1074 of the third degree, punishable as provided ins. 775.082, s.
1075 775.083, ors. 775.084.
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1076 Section 21. Paragraphs (d) and (f) of subsection (2) of
1077 section 718.112, Florida Statutes, are amended to read:
1078 718.112 Bylaws.-
1079 (2) REQUIRED PROVISIONS.-The bylaws shall provide for the
1080 following and, if they do not do so, shall be deemed to include
1081 the following:
1082 (d) Unit owner meetings. -
1083 1. An annual meeting of the unit owners must be held at
1084 the location provided in the association bylaws and, if the
1085 bylaws are silent as to the location, the meeting must be held
1086 within 45 miles of the condominium property. However, such
1087 distance requirement does not apply to an association governing
1088 a timeshare condominium.
1089 2. Unless the bylaws provide otherwise, a vacancy on the
1090 board caused by the expiration of a director's term must be
1091 filled by electing a new board member, and the election must be
1092 by secret ballot. An election is not required if the number of
1093 vacancies equals or exceeds the number of candidates. For
1094 purposes of this paragraph, the term "candidate" means an
1095 eligible person who has timely submitted the written notice, as
1096 'described in sub-subparagraph 4.a., of his or her intention to
1097 become a candidate. Except in a timeshare or nonresidential
1098 condominium, or if the staggered term of a board member does not
1099 expire until a later annual meeting, or if all members' terms
1100 would otherwise expire but there are no candidates, the terms of
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1101 all board members expire at the annual meeting, and such members
1102 may stand for reelection unless prohibited by the bylaws. Board
1103 members may serve terms longer than 1 year if permitted by the
1104 bylaws or articles of incorporation. A board member may not
1105 serve more than 8 consecutive years unless approved by an
1106 affirmative vote of unit owners representing two-thirds of all
1107 votes cast in the election or unless there are not enough
1108 eligible candidates to fill the vacancies on the board at the
1109 time of the vacancy. If the number of board members whose terms
1110 expire at the annual meeting equals or exceeds the number of
1111 candidates, the candidates become members of the board effective
1112 upon the adjournment of the annual meeting. Unless the bylaws
1113 provide otherwise, any remaining vacancies shall be filled by
1114 the affirmative vote of the majority of the directors making up
1115 the newly constituted board even if the directors constitute
1116 less than a quorum or there is only one director. In a
1117 residential condominium association of more than 10 units or in
1118 a residential condominium association that does not include
1119 timeshare units or timeshare interests, co-owners of a unit may
1120 not serve as members of the board of directors at the same time
1121 unless they own more than one unit or unless there are not
1122 enough eligible candidates to fill the vacancies on the board at
1123 the time of the vacancy. A unit owner in a residential
1124 condominium desiring to be a candidate for board membership must
1125 comply with sub-subparagraph 4.a. and must be eligible to be a
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1126 candidate to serve on the board of directors at the time of the
1127 deadline for submitting a notice of intent to run in order to
1128 have his or her name listed as a proper candidate on the ballot
1129 or to serve on the board. A person who has been suspended or
1130 removed by the division under this chapter, or who is delinquent
1131 in the payment of any assessment monetary obligation due to the
1132 association, is not eligible to be a candidate for board
1133 membership and may not be listed on the ballot. For purposes of
1134 this paragraph, a person is delinquent if a payment is not made
1135 by the due date as specifically identified in the declaration of
1136 condominium, bylaws, or articles of incorporation. If a due date
1137 is not specifically identified in the declaration of
1138 condominium, bylaws, or articles of incorporation, the due date
1139 is the first day of the assessment period. A person who has been
1140 convicted of any felony in this state or in a United States
1141 District or Territorial Court, or who has been convicted of any
1142 offense in another jurisdiction which would be considered a
1143 felony if committed in this state, is not eligible for board
1144 membership unless such felon's civil rights have been restored
1145 for at least 5 years as of the date such person seeks election
1146 to the board. The validity of an act i on by the board is not
1147 affected if i t is later dete r mined that a board member is
1148 ineligible for board membe r ship due to having been convicted o f
1149 a felony. This subpa r agraph does not l i mi t t he term of a me mbe r
1150 of the board of a nonr e side n tia l or timeshare cond omi nium.
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1151 3. The bylaws must provide the method of calling meetings
1152 of unit owners, including annual meetings. Written notice must
1153 include an agenda, must be mailed, hand delivered, or
1154 electronically transmitted to each unit owner at least 14 days
1155 before the annual meeting, and must be posted in a conspicuous
1156 place on the condominium property at least 14 continuous days
1157 before the annual meeting. Upon notice to the unit owners, the
1158 board shall, by duly adopted rule, designate a specific location
1159 on the condominium property where all notices of unit owner
1160 meetings must be posted. This requirement does not apply if
1161 there is no condominium property for posting notices. In lieu
1162 of, or in addition to, the physical posting of meeting notices,
1163 the association may, by reasonable rule, adopt a procedure for
1164 conspicuously posting and repeatedly broadcasting the notice and
1165 the agenda on a closed-circuit cable television system serving
1166 the condominium association. However, if broadcast notice is
1167 used in lieu of a notice posted physically on the condominium
1168 property, the notice and agenda must be broadcast at least four
1169 times every broadcast hour of each day that a posted notice is
1170 otherwise required under this section. If broadcast notice is
1171 provided, the notice and agenda must be broadcast in a manner
1172 and for a sufficient continuous length of time so as to allow an
1173 average reader to observe the notice and read and comprehend the
1174 entire content of the notice and the agenda. In addition to any
1175 of the authorized means of providing notice of a meeting of the
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117 6 board, the association may, by rule, adopt a procedure for
1177 conspicuously posting the meeting notice and the agenda on a
1178 website serving the condominium association for at least the
1179 minimum period of time for which a notice of a meeting is also
1180 required to be physically posted on the condominium property.
1181 Any rule adopted shall, in addition to other matters, include a
1182 requirement that the association send an electronic notice in
1183 the same manner as a notice for a meeting of the members, which
1184 must include a hyperlink to the website where the notice is
1185 posted, to unit owners whose e-mail addresses are included in
1186 the association's official records. Unless a unit owner waives
1187 in writing the right to receive notice of the annual meeting,
1188 such notice must be hand delivered, mailed, or electronically
1189 transmitted to each unit owner. Notice for meetings and notice
1190 for all other purposes must be mailed to each unit owner at the
1191 address last furnished to the association by the unit owner, or
1192 hand delivered to each unit owner. However, if a unit is owned
1193 by more than one person, the association must provide notice to
1194 the address that the developer identifies for that purpose and
1195 thereafter as one or more of the owners of the unit advise the
1196 association in writing, or if no address is given or the owners
1197 of the unit do not agree, to the address provided on the deed of
1198 record. An officer of the association, or the manager or other
1199 person providing notice of the associat~on meeting, must provide
1200 an affidavit or United States Postal Service certificate of
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1201 mailing, to be included in the official records of the
1202 association affirming that the notice was mailed or hand
1203 delivered in accordance with this provision.
1204 4. The members of the board of a residential condominium
1205 shall be elected by written ballot or voting machine. Proxies
1206 may not be used in electing the board in general elections or
1207 elections to fill vacancies caused by recall, resignation, or
1208 otherwise, unless otherwise provided in this chapter. This
1209 subparagraph does not apply to an association governing a
1210 timeshare condominium.
1211 a. At least 60 days before a scheduled election, the
1212 association shall mail, deliver, or electronically transmit, by
1213 separate association mailing or included in another association
1214 mailing, delivery, or transmission, including regularly
1215 published newsletters, to each unit owner entitled to a vote, a
1216 first notice of the date of the election. A unit owner or other
1217 eligible person desiring to be a candidate for the board must
1218 give written notice of his or her intent to be a candidate to
1219 the association at least 40 days before a scheduled election.
1220 Together with the written notice and agenda as set forth in
1221 subparagraph 3., the association shall mail, deliver, or
1222 electronically transmit a second notice of the election to all
1223 unit owners entitled to vote, together with a ballot that lists
1224 all candidates. Upon request of a candidate, an information
1225 sheet, no larger than 8 1/2 inches by 11 inches, which must be
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1226 furnished by the candidate at least 35 days before the election,
1227 must be included with the mailing, delivery, or transmission of
1228 the ballot, with the costs of mailing, delivery, or electronic
1229 transmission and copying to be borne by the association. The
1230 association is not liable for the contents of the information
1231 sheets prepared by the candidates. In order to reduce costs, the
1232 association may print or duplicate the information sheets on
1233 both sides of the paper. The division shall by rule establish
1234 voting procedures consistent with this sub-subparagraph,
1235 including rules establishing procedures for giving notice by
1236 electronic transmission and rules providing for the secrecy of
1237 ballots. Elections shall be decided by a plurality of ballots
1238 cast. There is no quorum requirement; however, at least 20
1239 percent of the eligible voters must cast a ballot in order to
1240 have a valid election. A unit owner may not authorize any other
1241 person to vote his or her ballot, and any ballots improperly
1242 cast are invalid. A unit owner who violates this provision may
1243 be fined by the association in accordance withs. 718.303. A
1244 unit owner who needs assistance in casting the ballot for the
1245 reasons stated ins. 101.051 may obtain such assistance. The
1246 regular election must occur on the date of the annual meeting.
1247 Notwithstanding this sub-subparagraph, an election is not
1248 required unless more candidates file notices of intent to run or
1249 are nominated than board vacancies exist.
1250 b. Within 90 days after being elected or appointed to the
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1251 board of an association of a residential condominium, each newly
1252 elected or appointed director shall certify in writing to the
1253 secretary of the association that he or she has read the
1254 association's declaration of condominium, articles of
1255 incorporation, bylaws, and current written policies; that he or
1256 she will work to uphold such documents and policies to the best
1257 of his or her ability; and that he or she will faithfully
1258 discharge his or her fiduciary responsibility to the
1259 association's members. In lieu of this written certification,
1260 within 90 days after being elected or appointed to the board,
1261 the newly elected or appointed director may submit a certificate
1262 of having satisfactorily completed the educational curriculum
1263 administered by a division-approved condominium education
1264 provider within 1 year before or 9Q days after the date of
1265 election or appointment. The written certification or
1266 educational certificate is valid and does not have to be
1267 resubmitted as long as the director serves on the board without
1268 interruption. A director of an association of a residential
1269 condominium who fails to timely file the written certification
1270 or educational certificate is suspended from service on the
1271 board until he or she complies with this sub-subparagraph. The
1272 board may temporarily fill the vacancy during the period of
1273 suspension. The secretary shall cause the association to retain
1274 a director's written certification or educational certificate
1275 for inspection by the members for 5 years after a director's
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1276 election or the duration of the director's uninterrupted tenure,
1277 whichever is longer. Failure to have such written certification
1278 or educational certificate on file does not affect the validity
1279 of any board action.
1280 c. Any challenge to the election process must be commenced
1281 within 60 days after the election results are announced.
1282 5. Any approval by unit owners called for by this chapter
1283 or the applicable declaration or bylaws, including, but not
1284 limited to, the approval requirement ins. 718.111(8), must be
1285 made at a duly noticed meeting of unit owners and is subject to
1286 all requirements of this chapter or the applicable condominium
1287 documents relating to unit owner decisionmaking, except that
1288 unit owners may take action by written agreement, without
1289 meetings, on matters for which action by written agreement
1290 without meetings is expressly allowed by the applicable bylaws
1291 or declaration or any law that provides for such action.
1292 6. Unit owners may waive notice of specific meetings if
1293 allowed by the applicable bylaws or declaration or any law.
1294 Notice of meetings of the board of administration, unit owner
1295 meetings, except unit owner meetings called to recall board
1296 members under paragraph (j), and committee meetings may be given
1297 by electronic transmission to unit owners who consent to receive
1298 notice by electronic transmission. A unit owner who consents to
1299 receiving notices by electronic transmission is solely
1300 responsible for removing or bypassing filters that block receipt
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1301 of mass emails sent to members on behalf of the association in
1302 the course of giving electronic notices.
1303 7. Unit owners have the right to participate in meetings
1304 of unit owners with reference to all designated agenda items.
1305 However, the association may adopt reasonable rules governing
1306 the frequency, duration, and manner of unit owner participation.
1307 8. A unit owner may tape record or videotape a meeting of
1308 the unit owners subject to reasonable rules adopted by the
1309 division.
1310 9. Unless otherwise provided in the bylaws, any vacancy
1311 occurring on the board before the expiration of a term may be
1312 filled by the affirmative vote of the majority of the remaining
1313 directors, even if the remaining directors constitute less than
1314 a quorum, or by the sole remaining director. In the alternative,
1315 a board may hold an election to fill the vacancy, in which case
1316 the election procedures must conform to sub-subparagraph 4.a.
1317 unless the association governs 10 units or fewer and has opted
1318 out of the statutory election process, in which case the bylaws
1319 of the association control. Unless otherwise provided in the
1320 bylaws, a board member appointed or elected under this section
1321 sh.all fill the vacancy for the unexpired term of the seat being
1322 filled. Filling vacancies created by recall is governed by
1323 paragraph (j) and rules adopted by the division.
1324 10. This chapter does not limit the use of general or
1325 limited proxies, require the use of general or limited proxies,
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1326 or require the use of a written ballot or voting machine for any
1327 agenda item or election at any meeting of a timeshare
1328 condominium association or nonresidential condominium
1329 association.
1330
1331 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1332 association of 10 or fewer units may, by affirmative vote of a
1333 majority of the total voting interests, provide for different
1334 voting and election procedures in its bylaws, which may be by a
1335 proxy specifically delineating the different voting and election
1336 procedures. The different voting and election procedures may
1337 provide for elections to be conducted by limited or general
1338 proxy.
1339 (f) Annual budget.-
1340 1. The proposed annual budget of estimated revenues and
1341 expenses must be detailed and must show the amounts budgeted by
1342 accounts and expense classifications, including, at a minimum,
1343 any applicable expenses listed ins. 718.504(21). The annual
1344 budget must be proposed to unit owners and adopted by the board
1345 of directors no later than 30 days before the beginning of the
1346 fiscal year. A multicondominium association shall adopt a
1347 separate budget of common expenses for each condominium the
1348 association operates and shall adopt a separate budget of common
1349 expenses for the association. In addition, if the association
1350 maintains limited common elements with the cost to be shared
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1351 only by those entitled to use the limited common elements as
1352 provided for ins. 718.113(1), the budget or a schedule attached
1353 to it must show the amount budgeted for this maintenance. If,
1354 after turnover of control of the association to the unit owners,
1355 any of the expenses listed ins. 718.504(21) are not applicable,
1356 they need not be listed.
1357 2.a. In addition to annual operating expenses, the budget
1358 must include reserve accounts for capital expenditures and
1359 deferred maintenance. These accounts must include, but are not
1360 limited to, roof replacement, building painting, and pavement
1361 resurfacing, regardless of the amount of deferred maintenance
1362 expense or replacement cost, and any other item that has a
1363 deferred maintenance expense or replacement cost that exceeds
1364 $10,000. The amount to be reserved must be computed using a
1365 formula based upon estimated remaining useful life and estimated
1366 replacement cost or deferred maintenance expense o f each reserve
1367 item. The association may adjust replacement reserve assessments
1368 annually to take into account any changes in estimates or
1369 extension of the useful life of a reserve item caused by
1370 deferred maintenance. This subsection does not apply to an
1371 adopted budget in which the members of an assoc iation have
1372 determined, by a majority vote at a duly called meeting of the
1373 association, to provide no reserves o r less r eser ves than
1374 required by this subsection.
1375 b. Before turnover of control of an association by a
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1376 developer to unit owners other than a developer pursuant to s.
1377 718.301, the developer may vote the voting interests allocated
1378 to its units to waive the reserves or reduce the funding of
1379 reserves through the period expiring at the end of the second
1380 fiscal year after the fiscal year in which the certificate of a
1381 surveyor and mapper is recorded pursuant to s. 718.104(4) (e) or
1382 an instrument that transfers title to a unit in the condominium
1383 which is not accompanied by a recorded assignment of developer
1384 rights in favor of the grantee of such unit is recorded,
1385 whichever occurs first, after which time reserves may be waived
1386 or reduced only upon the vote of a majority of all nondeveloper
1387 voting interests voting in person or by limited proxy at a duly
1388 called meeting of the association. If a meeting of the unit
1389 owners has been called to determine whether to waive or reduce
1390 the funding of reserves and no such result is achieved or a
1391 quorum is not attained, the reserves included in the budget
1392 shall go into effect. After the turnover, the developer may vote
1393 its voting interest to waive or reduce the funding of reserves.
1394 3. Reserve funds and any interest accruing thereon shall
1395 remain in the reserve account or accounts, and may be used only
1396 for authorized reserve expenditures unless their use for other
1397 purposes is approved in advance by a majority vote at a duly
1398 called meeting of the association. Before turnover of control of
1399 an association by a developer to unit owners other than the
1400 developer pursuant to s. 718.301, the developer-controlled
Page 56 of 63
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1517 2021
1401 association may not vote to use reserves for purposes other than
1402 those for which they were intended without the approval of a
1403 majority of all nondeveloper voting interests, voting in person
1404 or by limited proxy at a duly called meeting of the association.
1405 4. The only voting interests that are eligible to vote on
1406 questions that involve waiving or reducing the funding of
1407 reserves, or using existing reserve funds for purposes other
1408 than purposes for which the reserves were intended, are the
1409 voting interests of the units subject to assessment to fund the
1410 reserves in question. Proxy questions relating to waiving or
1411 reducing the funding of reserves or using existing reserve funds
1412 for purposes other than purposes for which the reserves were
1413 intended must contain the following statement in capitalized,
1414 bold letters in a font size larger than any other used on the
1415 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1416 PART, OR ALLOWING ALTERNAT I VE USES OF EXISTING RESERVES MAY
1417 RESULT IN UNI T OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1418 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1419 Section 2 2. Paragr aph (m) of subsection (1) of section
14 2 0 718.501, Flor ida Statute s, is amended to read:
1421 7 18.501 Authority, responsibility, and duties of Division
1422 of Flor i da Condomi niums, Time share s, and Mobile Home s.-
14 2 3 (1) The d i vision may enfo rc e and ensure c ompliance with
1424 the provisions of this chapter and rules relating t o the
1425 development , cons t ruct i on, sale, lease, ownership, operation,
Page 57 of 63
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F L O R D A H O U S E 0 F REPRESENTATIVES
HB 1517 2021
1426 and management of residential condominium units. In performing
1427 its duties, the division has complete jurisdiction to
1428 investigate complaints and enforce compliance with respect to
1429 associations that are still under developer control or the
1430 control of a bulk assignee or bulk buyer pursuant to part VII of
1431 this chapter and complaints against developers, bulk assignees,
1432 or bulk buyers involving improper turnover or failure to
1433 turnover, pursuant to s. 718.301. However, after turnover has
1434 occurred, the division has jurisdiction to investigate
1435 complaints related only to financial issues, elections, and unit
1436 owner access to association records pursuant to s. 718. 1 11(12).
1437 (m) If a compla i nt is made, the d i vision must conduct its
1438 inquiry with due regard for the interests of the affected
1439 parties. Within 30 days after receipt of a complaint, the
1440 division shall acknowledge the complaint in writing and notify
1441 the complainant whethe r the complaint is within the jurisdiction
144 2 o f the divis i on and whe t her addi t ional i n f orma t ion is needed by
1443 the division from the complainant. The division shall conduct
1444 its investigation and, within 90 days after receipt of the
1445 original complaint or of timely requested additional
1446 i n fo rmat i on , t a ke action upon the compla int . Howe v e r, the
1447 failure to complete the investigation wi thin 90 days does not
1448 prevent the divis i on fr om continui ng t he investigation,
1449 accepting or considering evidence obtained or received after 90
1450 days, or taking administrative action i f reasonable cause e x ists
Page 58 of 63
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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
HB 1517 2021
1451 to believe that a violation of this chapter or a rule has
1452 occurred. If an investigation is not completed within the time
1453 limits established in this paragraph, the division shall, on a
1454 monthly basis, notify the complainant in writing of the status
1455 of the investigation. When reporting its action to the
1456 complainant, the division shall inform the complainant of any
1457 right to a hearing pursuant toss. 120.569 and 120.57. The ,
1458 division may adopt rules regarding the submission of a complaint
1459 against an associati on.
1460 Section 23. Section 718.5014, Florida Statutes, is amended
1461 to read:
1462 718.5014 Ombudsman location.-The ombudsman shall maintain
1463 his or her principal office at a in Leon County on the premises
1464 of the d i vision or , if suitable space cannot be provided there ,
1465 at another place convenient to the offices of the division which
1466 will enable the ombudsman to expedit i ously carry out the duties
1467 and functions of his or her office. The ombudsman may e stablish
1468 branch offices elsewhere in the state upon the concurrence of
1469 the Governor.
1470 Sect ion 24. Subsection (1) of section 455.219, Florida
1471 Statutes, is amended to read:
1472 455.219 Fees; receipts; dispos iti on; periodic management
1473 r eports. -
14 7 4 (1) Each board within the department shall determine by
1475 rule the amount of licens e fees for its profession, based upon
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HB 1517 2021
1476 department-prepared long-range estimates of the revenue required
1477 to implement all provisions of law relating to the regulation of
1478 professions by the department and any board; however, when the
1479 department has determined, based on the long-range estimates of
1480 such revenue, that a profession's trust fund moneys are in
1481 excess of the amount required to cover the necessary functions
1482 of the board, or the department when there is no board, the
1483 department may adopt rules to implement a waiver of license
1484 r~newal fees for that profession for a period not to exceed 2
1485 years, as determined by the department. Each board, or the
1486 department when there is no board, shall ensure license fees are
1487 adequate to cover all anticipated costs and to maintain a
1488 reasonable cash balance, as determined by rule of the
1489 department, with advice of the applicable board. If sufficient
1490 action is not taken by a board within 1 year of notification by
1491 the department that license fees are projected to be inadequate,
1492 the department shall set license fees on behalf of the
1493 applicable board to cover anticipated costs and to maintain the
1494 required cash balance. The department shall include recommended
1495 fee cap increases in its annual report to the Legislature.
1496 Further, it ~s legislative intent that no regulated profession
1497 operate with a negative cash balance. The department may provide
1498 by rule for the advancement of sufficient funds to any
1499 pro fes sion or the Florida Athletic State Boning Commission
1500 operating with a negative cash balance. Such advancement may be
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FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1517 2021
1501 for a period not to exceed 2 consecutive years and shall require
1502 interest to be paid by the regulated profession. Interest shall
1503 be calculated at the current rate earned on Professional
1504 Regulation Trust Fund investments. Interest earned shall be
1505 allocated to the various funds in accordance with the allocation
1506 of investment earnings during the period of the advance.
1507 Section 25. Subsection (4) of section 548.002, Florida
1508 Statutes, is amended to read:
1509 548.002 Definitions.-As used in this chapter, the term:
1510 (4) "Cormnission" means the Florida Athletic State Bouing
1511 Cormnission.
1512 Section 26. Subsections (3) and (4) of section 548.05,
1513 Florida Statutes, are amended to read:
1514 548.05 Control of contracts.-
1515 (3) The cormnission may require that each contract contain
1516 language authorizing the Florida Stat e Be>{ing cormnission to
1517 withhold any or all of any manager's share of a purse in t he
1518 event of a contractual dispute as to entitlement to any portion
1519 of a purse. The cormnission may establish rules governing the
1520 manner of resolution of such dispute. In addition, if the
1521 cormnission deems it appropria te, the cormnission is hereby
1522 authorized to implead interested part i es over any disput ed funds
1523 into the appropriate circuit court for resolution of the dispute
1524 before prior to release of all or any part of the funds.
152 5 (4) Each contract subject to this section shall contain
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HB 1517 2021
1526 the following clause: "This agreement is subject to the
1527 provisions of chapter 548, Florida Statutes, and to the rules of
1528 the Florida Athletic Stato Boxing Commission and to any future
1529 amendments of either."
1530 Section 27. Subsection (12) of section 548.071, Florida
1531 Statutes, is amended to read:
1532 548.071 Suspension or revocation of license or permit by
1533 commission.-The commission may suspend or revoke a license or
1534 permit if the commission finds that the licens e e or permittee:
1535 (12) Has been disciplined by the Florida State BoKing
1536 commission or similar agency or body of any jurisdiction.
1537 Section 28. Section 548.077, Florida Statutes, is amended
1538 to read:
1539 548.077 Florida Athletic State Bouing Commission;
1540 collection and disposition of moneys.-All fees, fines,
1541 forfeitures, and other moneys collected under the provisions of
1542 this chapter shall be paid by the commission to the Chief
1543 Financial Officer who, after the expenses of the commission are
1544 paid, shall deposit them in the Professional Regulation Trust
1545 Fund to be used for the administration and operation of the
1546 commission and to enforce the laws and rules under its
1547 jurisdiction. In the event the unexpended ba lance of such moneys
1548 collected under the provisions of this chapter exceeds $250,000,
1549 any excess of that amount shall be deposited in the Genera l
1550 Revenue Fund.
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HB 1517 2021
1551 Section 29. This act shall take effect July 1, 2021.
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REGULATORY REFORM SUBCOMMITTEE
HB 1517 by Rep. Duggan
Department of Business and Professional Regulation
AMENDMENT SUMMARY
March 24, 2021
Amendment 1 by Rep. Duggan (line 357):
The amendment removes a $4 additional application and renewal fee for electrical contractors
to fund projects and continuing education programs related to areas of need in the building
construction industry.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1517 (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 Duggan offered the following:
4
5 Amendment (with title amendment)
6 Between lines 357 and 358, insert:
7 Section 6. Subsection (3) of section 489.509, Florida
8 Statutes, is amended to read:
9 489.509 Fees.-
10 (3) Four dollars of each fee under subsection (1) paid to
11 the department at the time of application or renewal shall be
12 transferred at the end of each licensing period to the
13 department to fund projects relating to the building
14 construction industry or continuing education programs offered
15 to persons engaged in the building construction industry in
16 Florida . The board shall , at the time the funds are transferred ,
001725 - h1517-line357.docx
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Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1517 (2021)
Amendment No. 1
17 advise the department on the most needed areas of research or
18 continuing education based on significant changes in the
19 industry's practices or on the most coffifflon types of consumer
20 complaints or on problems costing the state or local
21 governmental entities substantial waste . The board 's advice is
22 not binding on the department . The department shall ensure the
23 distribution of research r eports and the availability of
24 continuing education programs to all segments of the building
25 construction industry to which they relate. The department shall
26 re port to the board in October of each year, sufflfftarizing the
27 allocation of the funds by institution and summarizing the new
28 projects funded and the status of previously fu nded projects.
29
30
31 TITLE AMENDMENT
32 Between lines 23 and 24, insert:
33 amending s. 489.509, F.S.; removing provisions relating to an
34 additional fee for application and renewal, transfer of funds,
35 recommendations by the Electrical Contractors' Licensing Board
36 for use of such funds, distribution of such funds by the
37 department, and required reports of the department;
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Page 2 of 2
I
CD
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1577 Building Construction Standards
SPONSOR(S): McClain
TIED BILLS: IDEN./SIM. BILLS: SB 488
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Regulatory Reform Subcommittee Brackett Anstead
2) 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.
Current law requires the Commission to develop and implement an approval of construction products for
statewide use. The Commission has created a product evaluation and approval system for products and
systems that makeup the building envelope and structural frame of a building.
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 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.
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. 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 by the Legislature.
The bill adds NEMO ETC, LLC, to the list of approved evaluation entities that may issue product evaluation
reports. According to its website, NEMO ETC, is a firm of engineers, and technications providing engineering,
evaluation, testing and consulting services for the building products manufacturing sector.
The bill does not have a fiscal 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: h1577.RRS.DOCX
DATE: 3/22/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES :
Current Situation
The Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida's minimum standards were met. Local governments could
choose from four separate model codes. The state's role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired. 1
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
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. 4
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. 5
The Florida Building Commission
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. 6
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.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, httos://floridabuilding.org/c/default.aspx (last visited Feb .. 26, 2021).
4
See S. 553.72(1), F.S.
5
Florida Building Commission, Advanced Florida Building Code Principals,
http://www. floridabui lding.org/Up load/Courses trp/421-2-MA TER IAL-Adv%20F L%20 B Ldg%20Code%20-
%20Course%20 PDF%20versi.on%207 .O.pdf (last visited Feb. 26, 2021 ).
6
Ss. 553.73, and 553.74, F.S.
7 Id.
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DATE: 3/22/2021
The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural
TAC to the swimming pool TAC. 8 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. 9
Product Evaluation and Approval
Current law requires the Commission to develop and implement an approval of construction products
for statewide use. The Commission has created an evaluation and approval system for products and
systems that makeup the building envelope and structural frame of a building. 10 The Commission
approves the products in the following categories for statewide use: 11
• 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. 12
In addition, current law also requires a manufacturer to submit certification from an independent third
party valuation entity that the submitted report is valid and indicates the product complies with the
Building Code. 13
Currently, the Commission has authority to approve an entity as an approved testing laboratory,
validation entity, or a certification agency if it meets the Commission's rules. 14 However, the
Commission does not have authority to approve an entity as an evaluation entity. In order to be
8
DBPR, Florida Building Code Online, https://www.floridabuil ding.org/c/c commiss ion.aspx (last visited Mar. 17, 2021).
9
S. 553.73(3), F.S.; Rule 61020-2.001, F.A.C.
LOS. 553.842(1), F.S.; R. 61020-3.001, F.A.C.
11 Rule 61020-3.001, F.A.C.
12
S. 553.842, F.S.; DBPR, Product Evaluation Entity List, https://www.tloridabu ilding.org/pr/pr org lst.aspx. (last visited Mar. 17,
2021).
13
S. 553.842, F.S.; Rule 61020-3.006, F.A.C.
14
S. 553.842, F.S.; Rule 61020-3.008, F.A.C.
STORAGE NAME: h1577.RRS.DOCX PAGE: 3
DATE: 3/22/2021
approved as an evaluation entity, the entity must be added to the list of approved evaluation entities in
current law by the Legislature.
In order to obtain statewide approval for a construction product, a manufacturer must submit an
application that includes one of the required reports and certification from an independent third party
valuation entity. 15
Applications that include a test report from an approved testing laboratory or a product evaluation
report, which is signed and sealed by a licensed engineer or an architect, are reviewed and approved
by the Commission. 16 The Commission meets every two months.17 The Commission may approve the
product for statewide use unless there is credible evidence questioning the authenticity of the submitted
report or the third party certification. 18
Applications filed with a product evaluation report from an evaluation entity or a certification mark or
listing of an approved certification agency are reviewed and approved by DBPR. 19
According to industry members, since the Commission meets every two months, manufacturers who
submit a report from a testing laboratory or an engineer or architect, have to wait longer to have their
applications reviewed and approved than a manufacturer who submits a report from a certification
agency or an evaluation entity. 20
NEMO ETC, LLC
According to its website, NEMO ETC, LLC, is a firm of engineers, technicians and research specialists
providing engineering, evaluation, testing and consulting services to the building-envelope component
and systems industry. According to the website, NEMO focuses on servicing building-envelope
component and systems manufacturers, offers evaluation services to building product manufacturers
for a variety of purposes and intended audiences, and has 100 years combined experience in testing
and evaluation of roof and wall cladding systems. 21
The Commission previously approved NEMO ETC, LLC, as an approved testing laboratory. According
to its website, NEMO's President, Robert Nieminen, is a licensed engineer with 25 years of experience
in the roofing and waterproofing industry, is an expert in wind-load design and analysis of roof and wall
cladding systems, and has developed over 200 product evaluation reports. However, the company is
not an evaluation entity. 22
Effect of the Bill
The bill adds NEMO ETC, LLC, to the list of approved evaluation entities that may issue product
evaluation reports determining whether or not a product complies with the Building Code.
B. SECTION DIRECTORY:
Section 1. Amends s. 553.842, F.S., amending the list of entities that may issue product evaluation
reports.
Section 2. Providing an effective date of July 1, 2021 .
15
Rule 6IG20-3.007(1), F.A.C.
16 Id.
17
DBPR, FBC Meetings, https://floridabuilding.org/fbc/meetings/2 meetings.htm (last visited Mar. 20, 2021).
18
Rule 61020-3.007(1), F.A.C.
19 Id.
20
Email from Keyna Cory, Public Affairs Consultants, RE: HB 1577 by McClain (Mar. 20, 2021).
21
NEMO, ETC, Who We Are, https://nemoetc.com/about-us/ (last visited Mar. 17, 2021).
22
Id.; Florida Building Commission, Product Approval, https://floridabuilding.org/pr/pr org lst.aspx (last visited Mar. 17, 2021).
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DATE: 3/22/2021
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:
The bill will increase the number of entities that may issue evaluations reports that a product complies
with the Building Code.
D. FISCAL COMMENTS:
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:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/22/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1577 2021
1 A bill to be entitled
2 An act relating to building construction standards;
3 amending s. 553.842, F.S.; requiring the Florida
4 Building Commission to approve a specified evaluation
5 entity for product evaluation and approval; providing
6 an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (a) of subsection (8) of section
11 553.842, Florida Statutes, is amended to read:
12 553.842 Product evaluation and approval.-
13 (8) The commission may adopt rules to approve the
14 following types of entities that produce information on which
15 product approvals are based. All of the following entities,
16 including engineers and architects, must comply with a
17 nationally recognized standard demonstrating independence or no
18 conflict of interest:
19 (a) Evaluation entities approved under pursuant to this
20 paragraph. The commission shall specifically approve the
21 National Evaluation Service, the International Association of
22 Plumbing and Mechanical Officials Evaluation Service, the
23 International Code Council Evaluation Services, Underwriters
24 Laboratories, LLC, Intertek Testing Services NA, Inc., afiEi the
25 Miami-Dade County Building Code Compliance Office Product
Page 1 of 2
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hb1577-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 1577 2021
26 Control Division, and NEMO ETC, LLC. Architects and engineers
27 licensed in this state are also approved to conduct product
28 evaluations as provided in subsection (5).
29 Section 2. This act shall take effect July 1, 2021.
Page 2 of 2
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I
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0
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 7003 PCB GOS 21-02 OGSR/State Boxing Commission
SPONSOR(S): Government Operations Subcommittee, Rizo
TIED BILLS: IDEN./SIM. BILLS: SB 7026
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Government Operations 16 Y, 0 N Roth Smith
Subcommittee
1) Regulatory Reform Subcommittee Wright Anstead
2) State Affairs Committee
SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record and each
public meeting exemption five years after enactment. If the Legislature does not reenact the exemption, it
automatically repeals on October 2nd of the fifth year after enactment.
The function of the Florida State Boxing Commission (Commission) is to license and regulate professional
boxing, kickboxing, and mixed martial arts and to approve amateur boxing, kickboxing, and mixed martial arts
sanctioning organizations. Licensed promoters of professional matches are required to submit certain reports
to the Commission after a match and are subject to audits of their books and records by the Commission.
Current law provides a public record exemption for all proprietary confidential business information provided by
a promoter to the Commission or obtained by the Commission during an audit of the promoter's books and
records. This information is confidential and exempt from public record requirements and may only be
disclosed to another governmental entity in the performance of its duties and responsibilities.
The bill saves from repeal the public record exemption, which will repeal on October 2, 2021, if this bill does
not become law.
The bill does not appear to have a fiscal impact on state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7003.RRS.DOCX
DATE: 3/19/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES :
Background
Open Government Sunset Review Act
The Open Government Sunset Review Act (Act) 1 sets forth a legislative review process for newly
created or substantially amended public record or public meeting exemptions. It requires an automatic
repeal of the exemption on October 2nd of the fifth year after creation or substantial amendment,
unless the Legislature reenacts the exemption. 2
The Act provides that a public record or public meeting exemption may be created or maintained only if
it serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one
of the following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual's safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets. 3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded (essentially
creating a new exemption), then a public necessity statement and a two-thirds vote for passage are
required. 4 If the exemption is reenacted with grammatical or stylistic changes that do not expand the
exemption, if the exemption is narrowed, or if an exception to the exemption is created then a public
necessity statement and a two-thirds vote for passage are not required.
The Florida State Boxing Commission
The function of the Florida State Boxing Commission (Commission) is to license and regulate
professional boxing, kickboxing, and mixed martial arts and to approve amateur boxing, kickboxing,
and mixed martial arts sanctioning organizations. 5 The Commission ensures that all matches are
conducted in accordance with provisions of state laws and rules. 6 It also makes certain that health and
safety requirements are met and that matches are competitive and physically safe for participants. 7
The Commission is assigned to the Department of Business and Professional Regulation for
administrative and fiscal accountability and consists of five members appointed by the Governor. 8 It
collects revenue via license fees, event permit fees, fines, and taxation on gross receipts associated
with live events. 9
1
Section 119.15, F.S.
2
Section 119.15(3), F.S.
3
Section 119.15(6)(b), F.S.
4
Section 24(c), Art. I, FLA. CONST.
5
Florida State Boxing Commission Annual Report, Fiscal Year 2018-2019, p. 5, available at
http://www.mytloridalicense.com/dbpr/os/documents/Boxingl 8_ 19.pdf (last visited December 11, 2020).
6 Id.
7 Id.
8
Section 548.003(1), F.S.
9
Florida State Boxing Commission, supra, p. 6 at FN 5.
STORAGE NAME: h7003.RRS.D0CX PAGE: 2
DATE: 3/19/2021
Licensure of Promoters
Section 548.002(20), F.S., defines "promoter" as any person or entity, including an officer, director,
trustee, partner, or owner of a corporate promoter or promoter partnership, who produces, arranges, or
stages a match involving a professional. Section 548.012, F.S., prohibits a promoter from, directly or
indirectly, promoting a match involving a professional, unless the promoter has been issued a license
by the Commission.
Applicants for promoter licensure are required to submit a completed application 10 along with a non-
refundable license fee not to exceed $500, 11 and must deposit with the Commission a surety bond,
cash, or certified check in the amount of $15,000 prior to being issued a promoter license. 12
Promoters are responsible for producing the events at which matches are held, and are responsible for
ensuring the following requirements are met:
• Insurance is obtained for the event in the following amounts:
• Minimum of $20,000 per participant for medical, surgical and hospital care for injuries
sustained while engaged in a match.
• Minimum of $20,000 per participant for life insurance covering death caused by injuries
received while engaged in a match. 13
• A permit is issued for the event from the Commission. 14
• Location of the weigh-in is scheduled and the participants are notified of the location. 15
• Payment is made to the referees, judges, and physicians assigned by the Commission for the
event. 16
Promoter Records Requirements
Section 548.06, F.S., requires that, within 72 hours after a match, the promoter of a match file a written
report with the Commission. The report must include information about the number of tickets sold, the
amount of gross receipts, and any other facts that the Commission requires.
The written report must be accompanied by a tax payment in the amount of five percent of the total
gross receipts, exclusive of any federal taxes; however, the tax payment derived from the gross price
charged for the sale or lease of broadcasting, television, and motion picture rights cannot exceed
$40,000 for any single event. For the purposes of ch. 548, F.S., "gross receipts" is defined as:17
• The gross price charged for the sale or lease of broadcasting, television, and pay-per-view
rights of any match occurring within the state of Florida.
• The face value of all tickets sold and complimentary tickets issued, provided, or given above
five percent of the seats in the house and not authorized by the Commission.
• The face value of any seat or seating issued, provided, or given in exchange for advertising,
sponsorships, or anything of value to the promoter of an event.
Promoters are permitted to issue, provide, or give complimentary tickets for up to five percent of the
seats in the house without including the tickets in the gross receipts and without paying corresponding
taxes on them. The promoter may request the Commission's authorization to issue, provide, or give
more than five percent of the seats in the house as complimentary tickets if the tickets are provided to
specific entities or individuals. 18
10
Section 548.021(1), F.S.
11
Section 548.025(1), F.S.
12
Rule 61Kl-3.002(1)(e)l., F.A.C. ands. 548.014(1)(a), F.S.
13
Section 548.049, F.S.
14
Section 548.032, F.S.
15
Rule 61Kl-3.002(2)(1), F.A.C.
16
Rule 61Kl-3.002(2)(n)&(o), F.A.C.
17
Section 548.06(1), F.S.
18
Section 548.06(2)&(3), F.S.
STORAGE NAME: h7003.RRS.D0CX PAGE: 3
DATE: 3/19/2021
Publi.c Record Exemption under Review
In 2016, the Legislature expanded a public record exemption for certain proprietary confidential
business information required to be filed with the Commission after a match or obtained during an audit
of the promoter's books and records. Specifically, the exemption was expanded to cover all proprietary
confidential business information provided by a promoter to the Commission or obtained by the
Commission during an audit of the promoter's books and records. 19 "Proprietary confidential business
information" means information that:
• Is owned or controlled by the promoter;
• The promoter intends to be and treats as private;
• If disclosed, would cause harm to the promoter or its business operations;
• Has not been disclosed, except for any disclosure pursuant to a statutory provision, an order of
a court or administrative body, or a private agreement that provides that the information not be
released to the public; and
• Concerns any of the following:
o The number of ticket sales for a match;
o The amount of gross receipts after a match;
o A trade secret;
o Business plans;
o Internal auditing controls and reports of internal auditors; or
o Reports of external auditors. 20
The information is confidential and exempt21 from public record requirements and may only be
disclosed to another governmental entity in the performance of its duties and responsibilities.
The 2014 public necessity statement22 for the exemption provides that:
The Legislature finds that the disclosure of proprietary confidential business
information could injure a promoter in the marketplace by giving the promoter's
competitors insights into the promoter's financial status and business plan,
thereby putting the promoter at a competitive disadvantage. The Legislature also
finds that the harm to a promoter in disclosing proprietary confidential business
information significantly outweighs any public benefit derived from the disclosure
of such information. Therefore, extending the public records exemption to
proprietary confidential business information provided by a promoter to the
commission, no matter if the information is provided in a report or otherwise,
ensures that the public records exemption is maintained and not undermined. 23
Pursuant to the Open Government Sunset Review Act, the exemption will repeal on October 2, 2021,
unless reenacted by the Legislature. 24
During the 2020 interim, House and Senate staff conducted interviews and sent the Commission a
questionnaire as part of its review under the Open Government Sunset Review Act. 25 According to the
19
Section 548.062(2), F.S.
20
Section 548.062(1), F.S.
21
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
(See WFTV, Inc. v. The School Board a/Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004);
City of Riviera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released, by
the custodian of public records, to anyone other than the persons or entities specifically designated in statute. (See Attorney General
Opinion 85-62, Aug. 1, 1985).
22
Article I, s. 24(c), FLA. CONST., requires each public record exemption "state with specificity the public necessity justifying the
exemption."
23
Section 2, ch. 2016-21, L.O.F.
24
Section 548.062(3), F.S.
STORAGE NAME: h7003.RRS.D0CX PAGE: 4
DATE: 3/19/2021
responses, there are currently 49 promoters in Florida: 26 for boxing, 3 for kickboxing, and 20 for mixed
martial arts. 26 The questionnaire response noted that it is common for reporters and competitors to
request the confidential and exempt information, and the Commission has stated that the exemption
protects the financial investments of private individuals in Florida, while providing governmental entities
full access to the protected information. 27 The Commission recommends that the exemption be
reenacted without changes. 28
Effect of the Bill
The bill removes the scheduled repeal date of the public record exemption, thereby maintaining the
public record exemption for all proprietary confidential business information provided by a promoter to
the Commission or obtained by the Commission during an audit of the promoter's books and records.
B. SECTION DIRECTORY:
Section 1: Amends s. 548.062, F.S., to save from repeal the public record exemption for all proprietary
confidential business information provided by a promoter to the Commission or obtained by the
Commission during an audit of the promoter's books and records.
Section 2: Provides an effective date of October 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:
The bill does not appear to have an impact on the private sector.
D. FISCAL COMMENTS:
None.
25
Open Government Sunset Review Questionnaire, Florida Boxing Commission Response, September 22, 2020, on file with the
House Government Operations Subcommittee.
26
Email from Colton Madill, Office of Legislative Affairs, Department of Business and Professional Regulation, RE: Boxing
Commission Open Government Sunset Review (June 12, 2020).
27
Open Government Sunset Review Questionnaire, supra, at FN 25.
2s Id.
STORAGE NAME: h7003.RRS.D0CX PAGE: 5
DATE: 3/19/2021
Ill. COMMENTS
A CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure 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 does not provide a grant of rulemaking authority, nor does it require rulemaking .
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h7003.RRS.D0CX PAGE: 6
DATE: 3/19/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 7003 2021
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 548.062, F.S., which
4 provides an exemption from public records requirements
5 for certain proprietary confidential business
6 information provided to or obtained by the Florida
7 State Boxing Commission; removing the scheduled repeal
8 of the exemption; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 548.062, Florida Statutes, is amended
13 to read:
14 548.062 Public records exemption.-
15 (1) As used in this section, the te r m "proprietary
16 confidential business information" means information that:
17 (a) Is owned or controlled by the promoter;
18 (b) The promoter intends to be and treats as private;
19 (c) I f disclosed, woul d cause harm to the promoter or its
20 business operations;
21 (d) Has not been disclosed, except for any disclosure
22 pursuant to a statutory provision, an order of a court or
23 a dminist rat ive body, or a private agreement that p ro vides tha t
24 the information n ot be released to the publi c ; and
25 (e) Concerns a ny of the following:
Page 1 of 2
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hb7003-00
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 7003 2021
26 1. The number of ticket sales for a match;
27 2. The amount of gross receipts after a match;
28 3. A trade secret, as defined ins. 688.002;
29 4. Business plans;
30 5. Internal auditing controls and reports of internal
31 auditors; or
32 6. Reports of external auditors.
33 (2) Proprietary confidential business information provided
34 by a promoter to the commission or obtained by the commission
35 through an audit of the promoter's books and records pursuant to
36 s. 548.06 is confidential and exempt from s. 119.07(1) ands.
37 24(a), Art. I of the State Constitution. Information made
38 confidential and exempt by this subsection may be disclosed to
39 another governmental entity in the performance of its duties and
40 responsibilities.
41 (3) This section is subject to the Open Government Sunset
42 Review Act in accordance withs . 119 . 15 and shall stand repealed
43 on October 2, 2021 , unless revieued and saved from repeal
44 through reenactment by the Legislature.
45 Section 2. This act shall take effect October 1, 20 21 .
Page 2 of 2
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hb7003-00
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 7007 PCB GOS 21-03 OGSR/Department of Agriculture and Consumer Services
SPONSOR(S): Government Operations Subcommittee, Chambliss
TIED BILLS: IDEN./SIM. BILLS: SB 7036
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Government Operations 17 Y, 0 N Toliver Smith
Subcommittee
1) Regulatory Reform Subcommittee Thompson Anstead
2) State Affairs Committee
SUMMARY ANALYSIS
The Open Government Sunset Review Act requires the Legislature to review each public record and each
public meeting exemption five years after enactment. If the Legislature does not reenact the exemption, it
automatically repeals on October 2nd of the fifth year after enactment.
The Department of Agriculture and Consumer Services (DACS) receives examination and investigation data
from agencies in other states and federal agencies. The data from these partner agencies helps DACS carry
out its mission to provide, among other duties, oversight of charitable organizations. Many charitable
organizations operate both inside and outside of Florida.
In 2016, the Legislature created a public record exemption for criminal or civil intelligence or investigative
information or any other information held by DACS as part of a joint or multi-agency examination or
investigation with another state or federal regulatory, administrative, or criminal justice agency when the
information shared is confidential or exempt under the laws or regulations of that state or federal agency.
However, the public records exemption does not apply to information held by DACS as part of an independent
examination or investigation conducted by DACS.
The bill saves from repeal the public record exemptions, which will repeal on October 2, 2021, if this bill does
not become law.
The bill does not appear to have a fiscal impact on state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h7007.RRS.D0CX
DATE: 3/18/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Open Government Sunset Review Act
The Open Government Sunset Review Act (Act) 1 sets forth a legislative review process for newly
created or substantially amended public record or public meeting exemptions. It requires an automatic
repeal of the exemption on October 2nd of the fifth year after creation or substantial amendment,
unless the Legislature reenacts the exemption. 2
The Act provides that a public record or public meeting exemption may be created or maintained only if
it serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one
of the following purposes:
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual's safety; however, only the identity of an individual may be
exempted under this provision.
• Protect trade or business secrets. 3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded (essentially
creating a new exemption), then a public necessity statement and a two-thirds vote for passage are
required. 4 If the exemption is reenacted with grammatical or stylistic changes that do not expand the
exemption, if the exemption is narrowed, or if an exception to the exemption is created then a public
necessity statement and a two-thirds vote for passage are not required.
The Department of Agriculture and Consumer Services (DACS}
The mission of DACS is to safeguard the public and support Florida's agricultural economy by:
• Ensuring the safety and wholesomeness of food and other consumer products through
inspection and testing programs;
• Protecting consumers from unfair and deceptive business practices and providing consumer
information;
• Assisting Florida's farmers and agricultural industries with the production and promotion of
agricultural products; and
• Conserving and protecting the state's agricultural and natural resources by reducing wildfires,
promoting environmentally safe agricultural practices, and managing public lands.
DACS investigates and regulates several professions in the State of Florida. DAC's oversight and
regulation of charitable organizations was significantly expanded in 2014. 5
DACS has memoranda of understanding (MOU) with entities from other states and with federal
agencies. Pursuant to these MOU, DACS receives confidential examination and investigatory data.
DACS has an agreement with the Federal Trade Commission (FTC), for instance. The FTC operates a
Consumer Sentinel database that is protected from public record disclosure and can only be provided
1
Section 119.15, F.S.
2
Section 119.15(3), F.S.
3
Section l 19.15(6)(b), F.S.
4
Section 24(c), Art. I, FLA. CONST.
5
Chapter 2014-122, L.O. F.
STORAGE NAME: h7007.RRS.D0CX PAGE: 2
DATE: 3/18/2021
to DACS if the department agrees not to disseminate the information. This database contains
information on subjects related to:
• Identity Theft.
• Do-Not-Call Registry violations.
• Computers, the Internet, and Online Auctions.
• Telemarketing Scams.
• Advance-fee Loans and Credit Scams.
• Immigration Services.
• Sweepstakes, Lotteries, and Prizes.
• Business Opportunities and Work-at-Home Schemes.
• Health and Weight Loss Products.
• Debt Collection, Credit Reports, and Financial Matters. 6
Similarly, the Internal Revenue Service (IRS) shares certain information, on a case by case basis, with
DACS. The IRS has access to tax filing information that is valuable to DACS when investigating
whether an organization - especially a charitable organization - is observing Florida's laws.
Public Record Exemptions under Review
In 2016, the Legislature created a public records exemption for criminal or civil intelligence or
investigative information or any other information held by DACS as part of a joint or multi-agency
examination or investigation with another state or federal regulatory, administrative, or criminal justice
agency when the information that is shared is confidential or exempt7 under the laws or regulations of
that state or federal agency. DACS may obtain, use, and release the information in accordance with the
conditions imposed by the joint or multi-agency agreement.
The public records exemption does not apply to information held by DACS as part of an independent
examination or investigation conducted by DACS.
DACS may release the confidential and exempt information in the furtherance of its official duties and
responsibilities, or to another governmental agency in the furtherance of its official duties and
responsibilities.
The 2016 public necessity statement8 for the exemptions states the following :
Without the exemption, the department will be unable to obtain information that
could assist it in pursuing violations of law under its jurisdiction. With this
exemption, the department should increase efficiency of investigations by saving
time on developing investigative leads, witness data, and victim data. Furthermore,
the exemption is necessary to enable the department to participate in joint or
multiagency investigations and examinations. Without the exemption, the
department would continue to be excluded from information due to the inability to
maintain investigative confidentiality. Without the sharing and coordination of
information, governmental agencies may be required to conduct duplicative
6
Federal Trade Commission, Consumer Sentinel Network, available at https://www.ftc.gov/enforcement/consumer-sentinel-network
(last visited Feb. 19, 2021).
7
There is a difference between records the Legislature designates exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. Sch. Bd. ofSeminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So.2d 1015 (Fla. 2004); City of
Riviera Beach v. Barfield, 642 So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released, by
the custodian of public records, to anyone other than the persons or entities specifically designated in statute. See Attorney General
Opinion 85-62 (Aug. 1, 1985).
8
Article I, s. 24(c), FLA. CONST., requires each public record exemption "state with specificity the public necessity justifying the
exemption."
STORAGE NAME: h7007.RRS.DOCX PAGE: 3
DATE: 3/18/2021
independent investigations or examinations in order to meet their regulatory
responsibilities. With this exemption, the department will strengthen relationships
with other state and federal agencies, allowing them to become more efficient by
sharing critical investigative data. 9
Pursuant to the Open Government Sunset Review Act, the exemptions will repeal on October 2, 2021,
unless reenacted by the Legislature. 10
During the 2020 interim, subcommittee staff meet with staff from DACS. DACS staff stated they had not
had any issues interpreting or applying the exemption and that they were unaware of the existence of
any litigation concerning the exemption. Further, DACS staff stated that they had not received any
complaints concerning the exemption. DACS staff emphasized the importance of retaining the
exemption as it provides the department with invaluable investigatory tools that aids in carrying out their
duties, tools they otherwise would be unable to access. As such, DACS staff recommended that the
exemption be reenacted as is.
Effect of the Bill
The bill removes the scheduled repeal date of the public record exemption for criminal or civil
intelligence or investigative information or any other information held by DACS as part of a joint or
multiagency examination or investigation with another state or federal regulatory, administrative, or
criminal justice agency.
B. SECTION DIRECTORY:
Section 1 amends s. 570.077, F.S., relating to the confidentiality of intelligence or investigative
information.
Section 2 provides an effective date of October 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:
None.
9
Chapter 2016-161, L.O.F.
10
Section 624.4212(6), F.S.
STORAGE NAME: h7007.RRS.D0CX PAGE: 4
DATE: 3/18/2021
D. FISCAL COMMENTS:
None.
Ill. COMMENTS
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:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.
STORAGE NAME: h7007.RRS.D0CX PAGE: 5
DATE: 3/18/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
HB 7007 2021
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 570.077, F.S., which
4 provides an exemption from public records requirements
5 for information held by the Department of Agriculture
6 and Consumer Services as part of an examination or
7 investigation with another state or federal
8 regulatory, administrative, or criminal justice
9 agency; removing the scheduled repeal of the
10 exemption; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (4) of section 570.077, Florida
15 Statutes, is amended to read:
16 570.077 Confidentiality of intelligence or investigative
17 information.-
18 (4) This section is subjeot to the Open Government Sunset
19 Review Act in acco rdance withs . 119.15 and shall stand repealed
20 on October 2, 2021, unless reviewed and saved from repeal
21 through reenactment by the Legislature.
22 Section 2. This act shall take effect October 1, 2021.
Page 1 of 1
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hb7007-00
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: PCS for HB 491 Florida Real Estate Appraisal Board
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS: SB 346
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Regulatory Reform Subcommittee Thompson
SUMMARY ANALYSIS
The Florida Real Estate Appraisal Board (Board) within the Department of Business and Professional
Regulation (DBPR) regulates real estate appraisers under of ch. 475, part II, F.S. The Board, through its rules,
is authorized to:
• Regulate the issuance of licenses, certifications, registrations, and permits;
• Discipline appraisers;
• Establish qualifications for licenses, certifications, registrations, and permits;
• Regulate approved courses;
• Establish standards for real estate appraisals; and
• Establish standards for and regulate supervisory appraisers.
The Board consists of nine members, each appointed by the Governor and subject to confirmation by the
Senate. The Governor may remove any Board member for cause. The membership includes:
• Four members who are real estate appraisers who have been engaged in the general practice of
appraising real property in this state for at least 5 years immediately preceding appointment;
• Two members who represent the appraisal management industry;
• One member who represents organizations that use appraisals for the purpose of eminent domain
proceedings, financial transactions, or mortgage insurance; and
• Two members who represent the general public and are not connected in any way with the practice of
real estate appraisal.
PCS for HB 491 revises the membership of the Board as follows:
• Decreases the number of Board members who represent the appraisal management industry from two
members to one.
• Increases the number of Board members who represent the general public from two members to three.
The PCS may have an insignificant fiscal impact on state government.
The effective date of the PCS is November 1, 2021 .
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: pcs0491.RRS.DOCX
DATE: 3/22/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
The Florida Real Estate Appraisal Board (Board) 1 within the Department of Business and Professional
Regulation (DBPR) regulates real estate appraisers under of ch. 475, part II, F.S. The Board, through
its rules, is authorized to:
• Regulate the issuance of licenses, certifications, registrations, and permits;
• Discipline appraisers;
• Establish qualifications for licenses, certifications, registrations, and permits;
• Regulate approved courses;
• Establish standards for real estate appraisals; and
• Establish standards for and regulate supervisory appraisers. 2
According to the most recent data, there are 6,655 active certified real estate appraisers, 3 and 219
active real estate appraisal management companies, in the state.4
The Board consists of nine members, each appointed by the Governor and subject to confirmation by
the Senate. The Governor may remove any Board member for cause. The membership includes:
• Four members who are real estate appraisers who have been engaged in the general practice
of appraising real property in this state for at least 5 years immediately preceding appointment;
• Two members who represent the appraisal management industry;
• One member who represents organizations that use appraisals for the purpose of eminent
domain proceedings, financial transactions, or mortgage insurance; and
• Two members who represent the general public and are not connected in any way with the
practice of real estate appraisal. 5
Members of the Board are appointed for four-year terms, and may not be appointed for more than two
consecutive terms. The headquarters of the Board is in Orlando, Florida. The Board must meet at least
once each calendar quarter to conduct its business. Members must elect a chairperson at the first
meeting each year. 6 Each member of the Board is entitled to per diem and travel expenses as set by
legislative appropriation for each day that the member engages in the business of the Board. 7
There is currently one vacancy on the Board.8 There are two members with current appointments
expiring October 31, 2021 and six continue to hold office through the expiration of their term, including
both public members and both appraisal management industry representatives. 9
1
The Florida Real Estate Commission regulates real estate agents, associates, and schools, has 293,012 active licensees, and consists
of seven members.
2
S. 475 .613(2), F.S.
3
Department of Business and Professional Regulation, Annual Report, Divisions of Professions, Certified Public
Accounting, Real Estate, and Regulation, Fiscal Year 2018-2019,
http://www.myf1oridalicense.com/DBPR/os/documents/Di visionAnnua lReport FY I 8J 9.pdf , at page 19 (last visited
Mar. 17, 2021).
4
Email from Colton Madill, Deputy Legislative Affairs Director, Department of Business and Professional Regulation, RE: Real
Estate Appraisal Management Companies, (Mar. 22, 2021).
5
S. 475.613(1), F.S.
6 Id.
7 Id.
8
Department of Business and Professional Regulation, REAL ESTATE APPRAISAL-BOARD INFORMATION
http://www.myfloridalicense.com/DBPR/real-estate-appraisal-board/board-information/# t 509044906969-7080e654-a662 (last visited
March 8, 2021).
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DATE: 3/22/2021
In 2010, the membership of the Board was increased from seven members to nine members with the
addition of two members representing the appraisal management industry, based on the state's
adoption of the policy to include the licensing and regulation of appraisal management companies with
real estate appraisers. Appraisal management companies are business entities that administer
networks of independent appraisers to fulfill real estate appraisal assignments on behalf of lenders and
were not regulated in Florida before 2010. 10
Proposed Changes
PCS for HB 491 revises the membership of the Board as follows:
• Decreases the number of Board members who represent the appraisal management industry
from two members to one.
• Increases the number of Board members who represent the general public from two members
to three.
B. SECTION DIRECTORY:
Section 1: Amends s. 475.613, F.S., relating to the Florida Real Estate Appraisal Board.
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:
None.
D. FISCAL COMMENTS:
None.
9 Id.
°Chapter 2010-84, Laws of Fla.
1
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DATE: 3/22/2021
Ill. COMMENTS
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
8. 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
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DATE: 3/22/2021
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS HB 491 2021
1 A bill to be entitled
2 An act relating to the Florida Real Estate Appraisal
3 Board; amending s. 475.613, F.S.; revising the
4 composition of the board; providing an effective date.
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Subsection (1) of section 475.613, Florida
9 Statutes, is amended to read:
10 475.613 Florida Real Estate Appraisal Board.-
11 (1) There is created the Florida Real Estate Appraisal
12 Board, which shall consist of nine members appointed by the
13 Governor, subject to confirmation by the Senate. Four members of
14 the board must be real estate appraisers who have been engaged
15 in the general practice of appraising real property in this
16 state for at least 5 years immediately preceding appointment. In
17 appointing real estate appraisers to the board, while not
18 excluding other appraisers, the Governor shall give preference
19 to real estate appraisers who are not primarily engaged in real
20 estate brokerage or mortgage lending activities. One member .!f-w.e
21 members of the board must represent the appraisal management
22 industry. One member of the board must represent organizations
23 that use appraisals for the purpose of eminent domain
24 proceedings, financial transactions, or mortgage insurance.
25 Three .!f-w.e members of the board must be a representative shall be
Page 1 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0491-00
FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S
PCS HB 491 2021
26 representatives of the general public and may shall not be
27 connected in any way with the practice of real estate appraisal.
28 The appraiser members shall be as representative of the entire
29 industry as possible, and membership in a nationally recognized
30 or state-recognized appraisal organization may shall not be a
31 prerequisite to membership on the board. To the extent possible,
32 no more than two members of the board shall be primarily
33 affiliated with any one particular national or state appraisal
34 association. Two of the members must be licensed or certified
35 residential real estate appraisers and two of the members must
36 be certified general real estate appraisers at the time of their
37 appointment.
38 (a) Members of the board shall be appointed for 4-year
39 terms. Any vacancy occurring in the membership of the board
40 shall be filled by appointment by the Governor for the unexpired
41 term. Upon expiration of her or his term, a member of the board
42 shall continue to hold office until the appointment and
43 qualification of the member's successor. A member may not be
44 appointed for more than two consecutive terms. The Governor may
45 remove any member for cause.
46 (b) The headquarters for the board shall be in Orlando.
47 (c) The board shall meet at least once each calendar
48 quarter to conduct its business.
49 (d) The members of the board shall elect a chairperson at
50 the first meeting each year.
Page 2 of 3
CODING: Words stricken are deletions; words underlined are additions.
hb0491-00
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS HB 491 2021
51 (e) Each member of the board is entitled to per diem and
52 travel expenses as set by legislative appropriation for each day
53 that the member engages in the business of the board.
54 Section 2. This act shall take effect November 1, 2021.
Page 3 of 3
CODING: Words strioken are deletions; words underlined are additions.
hb0491-00
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: PCS for HB 987 Age Restrictions on Tobacco and Nicotine Products
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 Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is responsible for the regulation of tobacco products. "Tobacco products" are
loose tobacco leaves, products made from tobacco leaves, and cigarette wrappers, which can be used for
smoking, sniffing, or chewing. Retailers that sell or deal, at retail, in tobacco products are required to have a
permit issued by the Division and are required to comply with certain provisions related to the sale of such
products. The Division enforces the tobacco regulations, and may issue fines to permit holders or suspend or
revoke such permits for violations.
Nicotine products and nicotine dispensing devices are not included in the definition of tobacco products.
Retailers that sell only nicotine products and nicotine dispensing devices are not required to obtain a tobacco
retailer permit or a permit from any other state agency. As such, these retailers are not subject to state
regulatory oversight.
Current state law prohibits anyone under the age of 18 from purchasing or knowingly possessing tobacco
products, nicotine products, and nicotine dispensing devices, unless the person falls under an exemption such
as being in the military or handling tobacco products as a part of a person's lawful employment. However,
federal law was amended in 2019 to raise the minimum age to 21.
The bill:
• Increases the minimum age to lawfully purchase and knowingly possess tobacco products, nicotine
products, and nicotine dispensing devices in Florida from 18 to 21 years of age.
• Prohibits the sale, delivery, bartering, furnishing, shipping, or giving tobacco products, nicotine
products, or electronic nicotine dispensing devices to persons under the age of 21 years.
• Creates regulations for the sale and delivery of nicotine products and nicotine dispensing devices
through the mail and over the Internet, which are similar to the regulations for tobacco products.
• Preempts the establishment of the minimum age to possess or purchase nicotine dispensing devices,
nicotine products, and tobacco products and the marketing of such products to the state.
• Modifies current exceptions to the minimum age requirements to purchase or knowingly possess
tobacco products and applies the same exceptions to nicotine products and nicotine dispensing
devices.
The bill creates a retail nicotine products permit, which must be obtained from the Division to sell nicotine
products. This establishes state regulatory oversight for retailers of nicotine products and nicotine dispensing
devices. The regulations for the sale of nicotine products and nicotine dispensing devices mirror the
regulations for the sale of tobacco products; however, the bill does not impose a tax or licensing fee similar to
tobacco products.
The bill authorizes a holder of a tobacco retail permit to sell nicotine products in addition to tobacco products.
The bill has a significant, indeterminate, negative fiscal impact on DBPR.
The bill provides 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: pcs0987.RRS.D0CX
DATE: 3/22/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Federal Regulation of Tobacco Products
The Family Smoking Prevention and Tobacco Control Act of 2009 (Tobacco Control Act) gives the U.S.
Food and Drug Administration (FDA) authority to regulate the manufacture, distribution, and marketing
of tobacco products to protect the public health. The Tobacco Control Act provides advertising and
labeling guidelines, provides standards for tobacco products, and requires face-to-face transactions for
tobacco sales with certain exceptions. 1
On August 8, 2016, the FDA extended the definition of "tobacco product[s]" regulated under the Act to
include electronic nicotine delivery systems (ENDS). ENDS include e-cigarettes, e-cigars, e-hookah,
vape pens, personal vaporizers and electronic pipes. Additionally, the definition of tobacco products
includes components and parts such as e-liquids, tanks, cartridges, pods, wicks, and atomizers.
Federal law requires that a retailer may sell cigarettes and smokeless tobacco only in "direct, face-to-
face exchanges between the retailer and the customer." This language explicitly prohibits vending
machines and self-service displays. 2 This language is referred to in the industry as the "behind the
counter'' language; however, this does not specifically require that a retailer place cigarettes or
smokeless tobacco behind the counter. A locked display case would likely meet the self-service display
prohibition. Facilities that prohibit minors under the age of 21 are exempt from this federal requirement.
Retailers are also required to check a purchaser's ID unless the purchaser is over the age of 30. 3
Federal law preempts states from providing additional or different requirements for tobacco products in
regards to "standards, premarket review, adulteration, misbranding, labeling, registration, good
manufacturing standards, or modified risk tobacco products." However, federal law explicitly preserves
the right of states, or any political subdivision of a state, to enact laws, rules, regulations or other
measures related to prohibiting the sale, distribution, possession, exposure to, access to, advertising
and promotion of tobacco products which are more stringent than federal requirements. 4
Tobacco 21
In 2013, the FDA contracted with the Institute of Medicine (IOM) to conduct a study to better
understand the potential health benefits of raising the minimum age to purchase tobacco. In 2015, the
IOM published their report and it was submitted to Congress, which concluded that raising the minimum
age to purchase tobacco to 21 :5
• Would most likely lead to substantial reduction in smoking related mortality, and
• Could result in significant health benefits for those born between 2000 and 2018, including:
o approximately 249,000 fewer premature deaths,
o 45,000 fewer deaths from lung cancer; and
o 4.2 million fewer years of life lost.
The report also concluded that the age group most affected by increasing the minimum age to
purchase tobacco products to 21 would be those who are age 15 to 17 years old. Because 21 year olds
1
Federal Food, Drug, and Cosmetic Act, 21 USC§ 351 et seq; 15 U.S.C. s. 1333, s. 1335; 21 U.S.C. s. 387g, s. 387f.
2
21 C.F.R. § 1140.14.
3 Id.
4
21 u.s.c. § 387p.
5
Institute of Medicine, Public Health Implications Raising the Minimum Age of Legal Access to Tobacco Products Report Brief, (Jul.
23, 2015) https://www.ncbi.nlm.nih.gov/books/NBK3 l040I / (last visited on Mar. 15, 2021).
STORAGE NAME: pcs0987.RRS.DOCX PAGE: 2
DATE: 3/22/2021
are less likely than 18 year olds to be in the same social circles of 15-17 year olds, increasing the
minimum age would likely result in 15 to 17 year olds having less access to tobacco products and
delaying the age that a person is first exposed to tobacco. 6
According to the report, delaying the date a person uses a tobacco product is critical because the
adolescent brain is uniquely vulnerable to nicotine and adolescents are particularly susceptible to peer
pressure. Delaying the age a person is first exposed to tobacco will likely decrease the prevalence of
tobacco users. 7
The FDA also reports that between 2011 and 2014, the number of high school students who had used
an e-cigarette in the last 30 days increased nearly 800 percent, with 13.4 percent of high school
students reporting usage in 2014. 8 In 2018, over 4.9 million middle and high school students were
current users of e-cigarettes.9 As of 2018, more than one in four high school seniors and one in ten
middle school students used e-cigarettes. 10 In 2020, among middle and high school students, 3.6
million were current users of e-cigarettes. 11
In order to decrease youth usage of ENDS, the FDA has begun a Youth Tobacco Prevention Plan . The
plan has three main components: preventing youth access to tobacco products, ending marketing
aimed at youth , educating youth about the dangers of using tobacco and educating retailers about their
role in preventing underage usage of tobacco.12
Federal Minimum Age to Purchase Tobacco Products
On December 20, 2019, the Tobacco Control Act was amended to raise the federal minimum age of
the sale of tobacco products, including ENDS, from 18 to 21 years. 13 The law was also changed to
require retailers to check a purchaser's ID unless the purchaser is 30 years or older, instead of if the
purchaser is over 26. The law became effective on January 15, 2020, with the FDA announcing that
retailers may no longer sell tobacco products to anyone under the age of 21 .14 Prior to the enactment of
this amendment the FDA used minors to ensure that retailers were complying with the law. However,
the FDA has begun using persons under the age of 21 for compliance checks. 15
The federal government does not require states to enforce the federal minimum age, but states that do
not demonstrate that their retailers are complying with the federal minimum age are subject to a
possible reduction in funding for Substance Abuse Prevention and Treatment Block Grants. 16
Substance Abuse Prevention and Treatment Block Grants are administered by the U.S. Department of
6 Id.
7 Id.
8
FDA, 81 C.F.R. 28973, https://www.federalregister.gov/d/20 16-10685/p-635 (last visited Mar. 16, 2021).
9
FDA, Statement from FDA Commissioner Scott Gottlieb, M.D., on new data demonstrating rising youth use of tobacco products and
the agency 's ongoing actions to confront the epidemic ofyouth e-cigarette use, https://www.fda.gov/news-events/press-
announcements/statement-fda-commissioner-scott-gottlieb-md-new-data-demonstrating-rising-youth-use-tobacco (last visited Mar.
16, 2021).
JO Id.
11
FDA, Vaporizers, £-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS), https://www.fda .gov/tobacco-
products/products-ingredients-components/vaporizers-e-cigarettes-and-other-electronic-nicotine-del ivecy-systems-ends (last visited
Mar. 16, 2021).
12
Food and Drug Administration, FDA 's Youth Tobacco Prevention Plan,
https://www. fda.govrrobacco Products/PublicHealthEducation/ProtectingKids fromTobacco/ucm608433 .htm (last visited Mar. 16,
2021).
13
Newly Signed Legislation Raises Federal Minimum Age of Sale of Tobacco Products to 21, United States Food and Drug
Administration, (Jan. 15, 2020) https://www.fda.gov/tobacco-products/ctp-newsroom/newly-signed-legislation-ra ises-federal-
mi nim um-age-sale-tobacco-products-2 1 (last visited Mar. 16, 2021 ).
14
Id. H.R. 1865 Further Consolidated Appropriations Act, 2020, 116th Congress (2019-2020).
15
FDA, Tobacco 21, (Fe. 12, 2020) https://www.fda.gov/tobacco-products/retail-sales-tobacco-products/tobacco-21 (last visited Mar.
16, 2021).
16
H.R. 1865 Further Consolidated Appropriations Act, 2020, 116th Congress (2019-2020).; 42 . U.S.C. § 300x-26.
STORAGE NAME: pcs0987.RRS.D0CX PAGE: 3
DATE: 3/22/2021
Health and Human Services (USDHHS), and are federal funds provided to the states to prevent
substance abuse. 17
Failure to demonstrate a state's retailers are complying with the federal minimum age could lead to a
reduction of a block grant by up to 10% for the fiscal year. The federal government will not reduce a
block grant for failing to enforce the federal minimum wage for three years in order to give the states a
chance to make any necessary changes. 18
According to the USDHHS, in the fiscal year 2020, Florida received a Substance Abuse and Prevention
and Treatment Block Grant of $111,385,315. 19
The federal government considers a state to be failing the requirement that its retailers are complying
with the federal minimum age if its retail violation rate is more than 20 percent. A violation is defined as
the fraction (or percentage) of tobacco-selling outlets in a state that are accessible to and sell tobacco
to persons under the age of 21. 20
States are required to conduct annual surveys to determine their compliance rate. In conducting their
surveys, states must: 21
• Develop a sampling frame that includes both over-the-counter and vending machine locations
accessible to youth and young adults under the age of 21
• Ensure that the sampling frame includes, at a minimum, 80% of the tobacco outlets in the state
(CSAP requires states that use a list frame to conduct and report the results of a coverage
study designed to assess the completeness of the sampling frame.)
• Design a sampling methodology and implementation plan that are based on sound survey
sampling methodology
• Sample a large enough number of outlets to meet USDHHS's precision requirement (one-sided
95% confidence interval)
• Obtain a completion rate of 90% or better
• Record the actual steps of the survey process in the field and keep records of all sources of
sample attrition in the field
• Weight the results of the Synar survey to account for unequal probabilities of selection,
differences in percentages of eligible outlets between strata or clusters, and other deviations
from the intended design
The latest date for each state's retail violation rate is 2018. In 2018, Florida's retail violation rate was
9.2%. However, that was before the federal government raised the minimum age to purchase tobacco
products to 21. 22
Additionally, according to news reports, the recent increase in the federal minimum age is causing
confusion among retailers in states where the minimum age is still 18 years of age. Retailers are not
17
USDHHS, Substance Abuse Prevention and Treatment Block Grant, https://www.samhsa.gov/grants/block-grants/sabg (last visited
Mar. 16, 2021).
18
H.R. 1865 Further Consolidated Appropriations Act, 2020, 116th Congress (2019-2020).; 42. U.S.C. § 300x-26; Substance Abuse
and Mental Health Services Administration, Revision to Guidance, (June 12, 2020) https://www.samhsa.gov/s ites/default/files/svnar-
guidance-tobacco-21 .pdf (last visited Mar. 18, 2021 ).
19
USDHHS, Florida Summaries FY 2020, https://www.samhsa.gov/grants-awards-by-state/FL/2020 (last visited Mar. 18, 2021).
20
Substance Abuse and Mental Health Services Administration, Revision to Guidance, (June 12, 2020)
hltps://www.samhsa.gov/sites/default/files/synar-guidance-tobacco-21.pdf (last visited Mar. 18, 2021).
21
Substance Abuse and Mental Health Services Administration, Programmatic Requirements for the Synar Program,
https://www.samhsa.gov/synar/requirements (last visited Mar. 18, 2021).
22
Substance Abuse and Mental Health Services Administration, State Target and Reported Retailer Violation Rates,
https://www.samhsa.gov/sites/default/files/synar program rvr table 1997-2018 dee 11 20 18.pdf (last visited Mar. 18, 2021).
STORAGE NAME: pcs0987.RRS.DOCX PAGE: 4
DA TE: 3/22/2021
sure which law they are required to follow, which may lead to one retailer enforcing the state minimum
age and another retailer enforcing the federal minimum age. 23
Jurisdictions th at Raised the Minimum Age from 18 to 21
Thirty states, and the U.S. Territory of Guam, have passed legislation raising the minimum age for a
person to lawfully possess or purchase tobacco products and nicotine products to 21 years of age: 24
• Arkansas • New Mexico
• California • New Jersey
• Colorado • New York
• Connecticut • Ohio
• Delaware • Oklahoma
• Hawaii • Oregon
• Illinois • Pennsylvania
• Indiana • South Dakota
• Iowa • Tennessee
• Kentucky • Texas
• Maine • Utah
• Maryland • Vermont
• Massachusetts • Virginia
• Minnesota • Washington
• Mississippi • Wyoming
At least 530 localities, including New York City, Chicago, San Francisco, San Antonio, Boston,
Cincinnati, Cleveland, Columbus, and Kansas City (in Kansas and Missouri}, plus Washington, D.C.,
have also raised the minimum age to 21. 25
In January of 2019, Alachua County became the first local government in Florida to raise the minimum
legal age to purchase tobacco to 21 years of age. The Alachua County ordinance applies to tobacco
products, nicotine products, and nicotine dispensing devices. Municipalities in the county are
authorized to opt out of the ordinance if they choose. In addition, retailers are required to purchase and
maintain a special license to sell tobacco, nicotine products, and nicotine dispensing devices.
Businesses located within 1,000 feet of a public school are prohibited from licensure; however,
businesses previously licensed to sell tobacco products by the state prior to the adoption of the
23
Adam Kurtz, New Tobacco 21 law causes confusion about enforcement, start date, Grand Forks Herald (Jan. 10, 2020)
https://www.grandforksherald.com/business/retail/4853919-New-Tobacco-2 l -law-causes-confusion-about-enforcement-start-date
(last visited Mar. 18, 2021); Naomi Kowles, Some local confusion after federal passage of new minimum age for tobacco purchases,
WSA W-TV (Jan. 16, 2020) https://www.wsaw.com/content/news/Some-local-confusion-after-federal-passage-of-new-minimum-age-
for-tobacco-purchases-56705637 l.html (last visited Mar. 18, 2021 ).
24
See Campaign for Tobacco-Free Kids, States and Localities that have Raised the Minimum Legal Sale Age for Tobacco Products to
21, available at https://www.tobaccofreekids.org/what-we-do/us/sale-age-2 l (last visited Mar. 16, 2021).
2s Id.
STORAGE NAME: pcs0987.RRS.D0CX PAGE: 5
DATE: 3/22/2021
ordinance are not required to give up their license. Penalties for violations include license suspensions
ranging from seven days up to losing the license permanently for four violations in a 24-month period .26
In September of 2019, Fort Lauderdale became the second local government in Florida to raise the
minimum age to purchase tobacco to 21. The Fort Lauderdale ordinance applies to tobacco products,
nicotine products, and nicotine dispensing devices. Penalties for violations include warnings and civil
citations ranging from $500 to $1,000. 27
Private Sector
Recently, members of the nicotine product manufacturing industry indicated support for increasing the
minimum age to purchase tobacco products, including nicotine products, and nicotine dispensing
devices, from 18 to 21 . Juul Labs, the largest e-cigarette company, stated that they support raising the
minimum age to purchase tobacco products, nicotine products, and nicotine dispensing devices from
18 to 21. One of Juul Labs' ads states: 28
"It's time to raise the legal age to purchase tobacco products, including vapor, from 18 to
21. Because when youth never start smoking and vaping, they never have to stop."
E-Cigarette, or Vaping, Product Use-Associated Lung Injury (EVALI )
As of February 18, 2020, there have been 2,807 cases of EVALI and 68 deaths in the United States.
119 of the cases and two of the deaths have been in Florida. According to the Centers for Disease
Control (CDC), tetrahydrocannabinol (THC) and Vitamin E acetate are strongly linked to the outbreak of
EVALI. The CDC and FDA recommend that people not use THC-containing vaping products,
particularly products from informal sources like friends, family, or in-person or online dealers. 29
Symptoms of the lung injury include: 30
• Cough , shortness of breath, or chest pain;
• Nausea, vomiting , or diarrhea; and
• Fatigue, fever, or abdominal pain.
The CDC has the following data on the age and sex of 2,668 of the cases :31
• 66% of the patients are male;
• The median age of patients is 24 years old and ranges from 13-85 years. However, 76% of the
patients are under 35 years old;
• By age group category:
o 15% of patients are under 18 years old ;
o 37% of patients are 18 to 24 years old;
o 24% of patients are 25 to 34 years old; and
o 24% of patients are 35 years or older.
Effect of Smoking and Vaping on COVI D-19
26
Alachua County Ord. No. 2019-04.
27
City of Fort Lauderdale Ord. No C-19-21.
28
Juul Labs, Our Support For T2 l laws, hltps://newsroom.juul.com/t2 I/ (last visited Mar. 16, 2021).
29
CDC, Outbreak of lung Injury Associated with the Use of £-Cigarette, or Vaping, Products,
https://www.cdc.gov/tobacco/basic information/e-cigarettes/severe-lung-disease.htm lfl.latest-outbreak-information (last visited Mar.
16, 2021 ).Florida Department of Health, lung Injury Associated with £-Cigarette Use, or Vaping- Florida, Florida Department of
Health http://www. flhealthcharts .com/Charts Reports/rdPage.aspx?rd Report=ChartsPro fi !es. Lung! n jury E-CigaretteUse (last vi sited
Mar. 16, 2021 ).
°
3
CDC, For the Public, https://www.cdc.gov/tobacco/basic ioformation/e-cigarettes/severe-lung-disease/need-to-know/index .html
(last visited Mar. 18, 2021 ).
31
CDC supra, note 29.
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According to the CDC, being a current or former smoker increases a person's risk to develop a severe
illness from COVID-19. According to the Massachusetts General Hospital, a person who smokes and
tests positive for COVID-19, is twice as likely to develop a severe case of COVID-19 than a person with
no smoking history, and is more likely to be admitted to an Intensive Care Unit, placed on a ventilator,
or die from the illness. 32
According to a study led by researchers at the Stanford University School of Medicine, teens and young
adults who vaped were five to seven times more likely to be infected with COVID-19 than those who did
not use e-cigarettes. 33 Also, according to Massachusetts General Hospital, people who smoke or vape
have a higher risk of developing chronic obstructive pulmonary disease (COPD), which is a long-term
lung disease that affects airflow through the lungs, which according to the CDC, puts users at a higher
risk of developing a severe case of COVID-19. 34
Regulation of Tobacco Products in Florida
The Division of Alcoholic Beverages and Tobacco (Division) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of
the tobacco products under ch. 569, F.S. "Tobacco products" include loose tobacco leaves, and
products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for
smoking, sniffing, or chewing. 35
Section 210.25(11 ), F.S., relating to the tax on tobacco products other than cigarettes or cigars, defines
the term "tobacco products" differently as "loose tobacco suitable for smoking; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps;
clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such
manner as to be suitable for chewing."
"Tobacco products" in either definition does not include nicotine products or nicotine dispensing
devices.
Cigarette and Tobacco Products Wholesalers, Distributors, and Manufacturers
A person must obtain a permit from the Division in order to distribute tobacco products, not including
cigarettes or cigars. A person must obtain a permit for each place of business. The fee for such permit
is $25. There is no minimum age requirement to obtain a permit to distribute tobacco products. 36
A person must obtain a cigarette permit from the Division in order to import, export, manufacture, deal
at wholesale, or distribute cigarettes in the state. A person must obtain a permit for each place of
business in the state or its principal place of business if the person does not have a business in this
state. The fee for such permit is $100. The Division may only issue permits to persons who are 18
years or older or corporations with officers who are 18 years or older. 37
Tobacco Products Retailers
32
CDC, People with Certain Medical Conditions, (Mar. 15, 2021) https://www .cdc..gov/coronav i rus/20 19-ncov/need-extra-
precautions/people-w ith-med ical-conditions.html#smoking (last visited Mar. 18, 2021); Massachusetts General Hospital, Smoking,
Vaping and COVID-19: About the Connection and How to Quit, https://www.massgeneral.org/assets/MGH/pdf/children/adolescent-
medicine-smoking-and-covid 19.pdf (last visited Mar. 18, 2021 ).
33
Erin Digitale, Vaping linked to COVID-19 risk in teens and young adults, Stanford Medicine, News Center (Aug. 11, 2020)
https://med.stanford.edu/news/all-news/2020/08/vaping-l inked-to-covid-19-risk-in-teens-and-young-adults. html (last visited Mar. 18,
2021).
34
CDC supra note 32.
35
S. 569.002(6), F.S.
36
S. 210.40, F.S.
37
S. 210.15, F.S.
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DATE: 3/22/2021
A person must obtain a retail tobacco products dealer permit from the Division for each place of
business or the premises where tobacco products are sold to be eligible to sell retail tobacco products,
or operate a tobacco products vending machine in Florida. The fee for such permit is $50. 38 The
Division may only issue permits to persons who are 18 years or older or corporations with officers who
are 18 years or older.39
Anyone who deals in tobacco products at retail or allows a vending machine on the premises without a
permit is subject to a $500 fine. 40
The place or premises covered by a permit is subject to inspection and search without a search warrant
by the Division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to
determine compliance with requirements for tobacco sales and dealing.41
DBPR is required to submit an annual report to the Governor and Legislature regarding the
enforcement of tobacco products, including: 42
• The number and results of compliance visits by the Division;
• The number of violations for failure of a retailer to hold a valid license;
• The number of violations for selling tobacco products to anyone under the age of 18 and the
results of administrative hearings on such violations ; and
• The number of people under the age of 18 cited , including sanctions imposed as a result of
such citation, for misrepresenting their age, purchasing tobacco products underage, and
misrepresenting military service for the purpose of obtaining tobacco products underage.
Florida also has an excise tax and surcharge on cigarettes and other tobacco products, not including
cigars. The tax and surcharge for cigarettes is $0.1695 to $0.42375 per pack and a surcharge of $0.50
to $1.25 per pack depending on the number of cigarettes in the pack. The excise tax for tobacco
products is 25% of the wholesale price and the surcharge is 60% of the wholesale price. There is no
excise tax or surcharge for nicotine products or nicotine dispensing devices. 43
Requ irements for Tobacco Products Retailers
Retail tobacco products dealers (retailers) must post a clear and conspicuous sign that the sale of
tobacco products is prohibited to persons under the age of 18 and that proof of age is required for
purchase. The Division is required to make the signs available to retailers . Retailers must also have
instructional material in the form of a calendar or similar format to assist in determining the age of the
person attempting to purchase a tobacco product. 44
The sale or delivery of tobacco products is prohibited, except when those products are under the direct
control or line of sight of the retailer or the retailer's agent or employee in order to prevent persons
under 18 years of age from purchasing or receiving tobacco products.
If a tobacco product is sold from a vending machine, the vending machine must have:
• An operational lockout device which is under the control of the retailer or the retailer's agent or
employee who directly regulates the sale of items through the machine by triggering the lockout
device to allow the dispensing of one tobacco product;
38
S. 569.003 , F.S.
39
S. 569.003 , F.S.
40
S. 569.005, F.S.
41
S. 569.004, F.S.
42
S. 569.19, F.S.
43
Ss. 2 10.011, 210.02, 210.276, and 210.30, F.S.; DBPR, Alcholic Beverages & Tobacco - Tax & Reporting information For
Licensees, http://www.myfloridalicense.com/ DBPR/alcoholic-beverages-and-tobacco/tax-and-reporting-information-for-
licensees/# 1510753842753-25986d 10-086f (last visited Mar. 16, 202 1).
44
S. 569.14, F.S.
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DATE: 3/22/2021
• A mechanism on the lockout device to prevent the machine from functioning if the power source
for the lockout device fails or if the lockout device is disabled;
• A mechanism to ensure that only one tobacco product is dispensed at a time. 45
These requirements for the sale of tobacco products do not apply to an establishment that prohibits
persons under 18 years of age on premises and do not apply to the sale or delivery of cigars and pipe
tobacco. 46
If the Division determines a tobacco product retailer or a tobacco product retailer's employee violated
the regulations for tobacco product retailers, the Division can suspend or revoke the retailer's permit or
assess a fine up to $1,000 for each violation.47
If the Division discovers a tobacco product retailer's employee illegally sold tobacco products to a
person under 18 years of age, the Division may mitigate penalties, if:
• The retailer is qualified as a responsible retailer by establishing and implementing specified
practices designed to ensure that the retailer's employees comply with ch. 569, F.S., such as
employee training.
• The retailer had no knowledge of that employee's violation at the time of the violation and did
not direct, approve, or participate in the violation.
• The sale was made through a vending machine equipped with an operational lock-out device. 48
Mail Order. Internet, and Other Remote Sales of Tobacco Products in Florida
Section 210.095, F.S., provides requirements for the delivery of mail order, Internet, and other remote
sales of tobacco products and cigarettes, referred to as "delivery sales." Each person who mails, ships,
or otherwise delivers tobacco products or cigarettes in connection with an order for a delivery sale to a
consumer is required to:
• Include, as part of the shipping documents, in a clear and conspicuous manner, the following
statement: "Tobacco Products: Florida law prohibits shipping to individuals under 18 years of
age and requires the payment of all applicable taxes."
• Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of an adult who resides at the delivery address and obtain proof of
the legal minimum purchase age of the individual accepting delivery, if the individual
appears to be under 27 years of age.
o Require proof that the individual accepting delivery is either the addressee or the adult
designated by the addressee, in the form of a valid, government-issued identification
card bearing a photograph of the individual who signs to accept delivery of the shipping
container.
• Provide to the delivery service, if such service is used, evidence of full compliance with
requirements for the collection and remittance of all taxes imposed on tobacco products or
cigarettes by this state with respect to the delivery sale.
Before the first delivery to a consumer, the person mailing, shipping, or delivering the tobacco products
or cigarettes must also: 49
• Obtain a certification from the person accepting delivery that includes reliable confirmation that
the person accepting delivery is an adult, and a written statement under penalty of perjury
providing the person's date of birth, address, and confirmation that the person wants to accept
the delivery;
45
S. 569.007(1), F.S.
46
S. 569.007(2) and (3), F.S.
47
S. 569.006, F.S.
48
See s. 569.008(3), F.S.
49 Id.
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DATE: 3/22/2021
• Make a good faith effort to verify the information in the certification by checking the information
against a commercially available database or obtaining a photocopy of the person's ID;
• Provides the person accepting the delivery a notice stating tobacco products are illegal for
underage youths and tobacco products are taxable;
• Impose a two-carton minimum on each order of cigarettes;
• Submit to the credit card company necessary information so that the words "tobacco product"
appear on the person's credit card statement when a purchase is made using a credit card;
• Make a phone call to the individual who made the order to confirm the order before shipping the
order; and
• Receive payment by a credit card or debit card in the name of the person accepting delivery or
a personal or company check in the name of the person, if the order is made in accordance with
an advertisement on the Internet.
A person who accepts a purchase order for a delivery sale and delivers the tobacco products or
cigarettes without using a delivery service must comply with all of the delivery service requirements. 50
Section 210.095(8), F.S., currently provides that the penalty for the following violations of the delivery
sale requirements is a misdemeanor of the third degree: 51
• A delivery of tobacco products, on behalf of a delivery service, to an individual who is under 18
years of age.
• A person under the age of 18 who knowingly violates any of the provisions of the mail order or
internet sales requirements.
These provisions do not apply to nicotine products and nicotine dispensing devices. However, it is
illegal for a person to deliver nicotine products or nicotine dispensing devices to persons under 18
years of age. 52
Tobacco Products and Minors
The sale, delivery, bartering, furnishing or giving of tobacco products or giving sample to products to
persons under the age of 18 is prohibited. 53 A violation of this prohibition is a second degree
misdemeanor. 54 A second or subsequent violation within one year of the first violation is a first degree
misdemeanor. 55
It is a complete defense to a person charged with such a violation if the buyer or recipient falsely
evidenced that he or she was 18 years of age or older, a prudent person would believe the buyer or
recipient to be 18 years of age or older, and the buyer or recipient presented false identification upon
which the person relied upon in good faith. 56
50
S. 210.095, F.S.
51
Section 775.082, F.S., does not provide a third degree misdemeanor. Section 775.082, F.S., provides that a misdemeanor of the
second degree is punishable by a term of imprisonment not to exceed 60 days. Section 775.083, F.S., does not provide a third degree
misdemeanor. Section 775.083, F.S., provides that a misdemeanor of the second degree is punishable by a fine not to exceed $500.
52
S. 877.112(2), F.S.
53
Ss. 569.0075 and 569.101, F.S.
54
S. 775.082, F.S., provides that the penalty for a misdemeanor of the second degree is punishable by a term of imprisonment not
exceeding 60 days. Section 775.083, F.S. provides that the penalty for a misdemeanor of the second degree is punishable by a fine not
to exceed $500.
55
S. 775.082, F.S., provides that the penalty for a misdemeanor of the first degree is punishable by a term of imprisonment not
exceeding one year. Section 775.083, F.S. provides that the penalty for a misdemeanor of the first degree is punishable by a fine not to
exceed $1,000.
56
S. 569.101(3), F.S.
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DATE: 3/22/2021
Persons under the age of 18 years are prohibited from knowingly possessing, directly or indirectly, any
tobacco products, or misrepresenting their age or military service for obtaining such products. Persons
who violate this noncriminal violation are punishable as follows: 57
• A first violation of this prohibition is a non-criminal violation with a penalty of 16 hours of
community service or a $25 fine, and attendance at a school-approved anti-tobacco program, if
locally available.
• A second violation within 12 weeks of the first violation is punishable with a $25 fine.
• A court may suspend or withhold issuance of a driver license for persons under 18 years of age
who fail to complete the noncriminal penalties for knowingly possessing or misrepresenting their
age in order to purchase tobacco products.
o A court may suspend or withhold issuance of a drivers' license for 30 days for a first
violation, and for 45 days for a second violation within 12 weeks of the first violation.
However, this does not include any person under the age of 18 who: 58
• Has had his or her disability of nonage removed under ch. 743, F.S.;
• Is in the military reserve or on active duty in the Armed Forces of the United States;
• Is otherwise emancipated by a court of competent jurisdiction and released from parental care
and responsibility; or
• Is acting in his or her scope of lawful employment with an entity licensed under the provisions of
ch. 210, F.S., relating to taxation of cigarettes and other tobacco products, or ch. 569, F.S.,
relating to tobacco products.
The Division and any law enforcement officer may enforce these provisions. A local government may
also designate certain employees or agents as tobacco product enforcement officers. A tobacco
enforcement officer or a correctional probation officer may issue a citation to a person under the age of
18, whom the officer has reasonable cause to believe an underage person is knowingly possessing
tobacco products or is lying about their age or military service in order to obtain such products. 59
Eighty percent of all civil penalties received from violating prohibitions related to the possession or sale
of tobacco products by a county court must be remitted to the Department of Revenue for transfer to
the Department of Education for teacher training and for research and evaluation to reduce and prevent
the use of tobacco products by children. 60 The remaining 20 percent of civil penalties received by a
county court must remain with the clerk of the county court to cover administrative costs. 61
Nicotine Products Regulation in Florida
Section 877.112, F.S., provides for the regulation of nicotine products and nicotine dispensing devices,
such as electronic cigarettes (e-cigarettes). This statute extends the current prohibitions related to
tobacco products to the sale, gifting, possession, or use of nicotine products and nicotine dispensing
devices to and by persons under 18 years of age.
A "nicotine product" is any product that contains nicotine, including liquid nicotine intended for human
consumption, whether inhaled, chewed, absorbed, dissolved or ingested by any means. 62 The definition
does not include a tobacco product under Florida law, a drug or device under federal law, or a product
that contains incidental nicotine. 63
A "nicotine dispensing device" is any product that employs an electronic, chemical, or mechanical
means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette,
57
S. 569.11, F.S.
58
S. 569.002(7), F.S.
59
S. 569.12, F.S.
60
S. 569.11(6), F.S.
61 Id.
62
S. 877.l 12(l)(b), F.S.
63 Id.
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DATE: 3/22/2021
electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement
cartridge for such device, and any other container of nicotine in a solution or other form intended to be
used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other
similar device or product. 64
The sale or giving of nicotine products or nicotine dispensing devices to any person under 18 years of
age is prohibited and punishable as a second degree misdemeanor. 65 It is a complete defense to a
violation if an underage person falsely misrepresented his or her age, the underage person had the
appearance to a prudent person to be 18 years of age or older, and the person carefully checked, and
relied on, the driver license or identification card of the recipient. 66
Persons under the age of 18 years are prohibited from knowingly possessing, directly or indirectly, any
nicotine products or nicotine dispensing devices, or misrepresenting their age or military service for
obtaining such products. Persons who violate this noncriminal violation are punishable as follows: 67
• A first violation of this prohibition is a non-criminal violation with a penalty of 16 hours of
community service or a $25 fine, and attendance at a school-approved anti-tobacco and
nicotine program, if locally available.
• A second violation within 12 weeks of the first violation is punishable with a $25 fine.
• A court may suspend or withhold issuance of a driver license for persons under 18 years of age
who fail to satisfies the penalties for knowingly possessing or misrepresenting their age in order
to purchase tobacco products.
o A court may suspend or withhold issuance of a drivers' license for 30 days for a first
violation, and for 45 days for a second violation within 12 weeks of the first violation.
Eighty percent of civil penalties related to the unlawful possession or sale of nicotine products are
remitted to the Department of Revenue for transfer to the Department of Education for teacher training
and for research and evaluation to reduce and prevent the use of tobacco products, nicotine products,
or nicotine dispensing devices by children. 68 The remaining 20 percent of civil penalties received by a
county court are retained by the clerk of the county court to cover administrative costs. 69
Retail dealers of nicotine products and nicotine dispensing devices are required to post signs indicating
that the sale of nicotine products and nicotine dispensing devices to persons under 18 years of age is
prohibited and that proof of age is required for purchase. Retailers must also have instructional material
in the form of a calendar or similar format to assist in determining the age of the person attempting to
purchase a nicotine product or nicotine dispensing device. 70
Retail Sale of Nicotine Products and Nicotine Dispensing Devices
The sale or delivery of nicotine products and nicotine dispensing devices are prohibited, except when
those products are under the direct control or line of sight of the retailer or the retailer's agent or
employee in order to prevent persons under 18 years of age from purchasing or receiving such
products. 71
Nicotine products or nicotine dispensing devices may not be sold or displayed by means of self-service
merchandising. 72 Self-service merchandising means the open display of nicotine products or nicotine
64
S. 877.l 12(l)(a), F.S.
65
Section 775.082, F.S., provides that a misdemeanor of the second degree is punishable by a term of imprisonment not to exceed 60
days. Section 775.083, F.S. provides that a misdemeanor of the second degree is punishable by a fine not to exceed $500.
66
S. 877.112(5), F.S.
67
Ss. 877.112(6), and (7), F.S.
68
S. 877.112(9), F.S.
69 Id.
70
S. 877.112(10), F.S
71
Ss. 877.112(11) and (12), F.S.
n Id.
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DATE: 3/22/2021
dispensing devices for direct customer access and handling before the purchase of such product
without the assistance of the retailer or the retailer's employee.
If a nicotine product or nicotine dispensing device is sold from a vending machine, the vending machine
must have: 73
• An operational lockout device which is under the control of the retailer or the retailer's agent or
employee who directly regulates the sale of items through the machine by triggering the lockout
device to allow the dispensing of one nicotine product or nicotine dispensing device;
• A mechanism on the lockout device to prevent the machine from functioning if the power source
for the lockout device fails or if the lockout device is disabled;
• A mechanism to ensure that only one nicotine product or nicotine dispensing device is
dispensed at a time.
However, this does not apply to establishments that prohibit persons under the age of 18 on the
premises. 74
Laws related to nicotine products and nicotine dispensing devices are different from tobacco laws in the
following ways:
• Nicotine retailers are not required to obtain a retail tobacco products dealer permit from the
Division.
• Nicotine retailers are not subject to inspection without a search warrant.
• The Division does not have authority to discipline a nicotine retailer for violating any of the
regulations relating to the retail sale of nicotine products and nicotine dispensing devices.
• The requirements for internet and remote sales of tobacco products do not apply to nicotine
products or nicotine dispensing devices.
• There are no exemptions for the prohibition of the purchase and possession of nicotine products
and nicotine dispensing devices by persons under 18 years old, such as military service or
possession of such products as part of a person's lawful scope employment.
Florida Clean Indoor Air ACT (FCIAA)
The FCIAA, implements Article X, Section 20 of the Florida Constitution, which prohibits a person from
smoking tobacco or using a nicotine dispensing device, vaping, in an enclosed indoor workplace, with
certain exceptions.
The FCIAA also prohibits any person under the age of 18 from smoking tobacco or vaping within 1,000
feet of a public or private elementary, middle, or secondary school between the hours of 6 a.m. and
midnight. A violation of this prohibition is punishable by a maximum noncriminal civil penalty not to
exceed $25, or 50 hours of community service or, where available, successful completion of a school-
approved anti-tobacco "alternative to suspension" program. 75
Senate Bill 810, Use of Tobacco Products and Nicotine Products - 2020 Legislative Session
In 2020, Governor Desantis vetoed Senate Bill 810 of the 2020 Legislative Session, the bill included
the following:
• Increased the minimum age from 18 years of age to 21 years of age to lawfully purchase and
possess tobacco products, nicotine products, and nicotine dispensing devices.
• Prohibited smoking and vaping by any person under 21 years of age on or near school property.
• Increased the age from 18 years of age to 21 years of age to obtain a cigarette permit required
to be a cigarette wholesaler, cigarette distributor, or a cigarette manufacturer.
13 Id.
74
/d.; S. 877.112(1), F.S.
75
S. 386.212, F.S.
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DATE: 3/22/2021
• Authorized DBPR to regulate nicotine products and nicotine dispensing devices in the same
manner as they do for tobacco products.
• Required retailers of nicotine products and nicotine dispensing devices to obtain a permit from
DBPR.
Senate Bill 810 also included a provision, which is not in this bill, that prohibited the sale of flavored
liquid nicotine products (other than tobacco or menthol flavors), unless such products had a marketing
order from the FDA to permit the product to be sold. 76
Governor Desantis stated his reasons for vetoing Senate Bill 810 were: 77
"While originally conceived as a bill to raise the legal age to buy tobacco to 21, (which is
superfluous given this is already mandated by federal law) CS/CS/CS/SB 810 effectively
bans tobacco free vaping flavors used by hundreds of thousands of Floridians as a reduced-
risk alternative to cigarettes, which are more dangerous.
This legislation would almost assuredly lead more people to resume smoking cigarettes, and
it would drive others to the hazardous black market. The latter consequence is especially
significant because the much-publicized cases of lung injury associated with vaping in
recent years have been traced to illegal, or black market, vape cartridges containing THC,
not to the types of legal vaping products that this bill (CS/CS/CS/SB 810) would abolish.
Reducing the use of all nicotine-related products, including vaping, among our youth is an
important goal, but this will not be achieved by eliminating legal products for adults and by
devastating the small businesses who provide these adults with reduced risk alternatives to
cigarettes."
Local Government Authority
The Florida Constitution grants local governments broad home rule authority. Specifically, non-charter
county governments may exercise those powers of self-government that are provided by general or
special law. 78 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. 79
Likewise, municipalities 80 have those governmental, corporate, and proprietary powers that enable
them to conduct municipal government, perform their functions and provide services, and exercise any
power for municipal purposes, except as otherwise provided by law. 81
Preemption
76
The Tobacco Control Act requires any manufacturer wishing to market a new tobacco product, including ENDS, that was not
commercially marketed on or before February I, 2007, to obtain a marketing order from the FDA or an exemption from the marketing
order requirement from the FDA. The Tobacco Control Act contains a grandfather exemption from the marketing order requirement
for certain tobacco products. Manufacturers of tobacco products on the market on or before February 15, 2007, are not required to
have a marketing order for such products. Manufacturers of tobacco products that were on the market on or before August 8, 2016,
must have applied for a marketing order for such products by September 2020. 21 U.S.C. § 387j.
77
Veto letter of Ron DeSantis, Governor (Sept. 8, 2020) hrtps://www.flgov.com/wp-content/uploads/2020/09/fransmittal-Letter-
09.08.2020.pdf (last visited Mar. 17, 2021).
78
Art. VIII, s. l(t), Fla. Const.
79
Art. VIII, s. l(g), Fla. Const.
80
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."
81
Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
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DATE: 3/22/2021
Local governments have broad authority to legislate on any matter that is not inconsistent with federal
or state law. A local government enactment may be inconsistent with state law if (1) the Legislature
"has preempted a particular subject area" or (2) the local enactment conflicts with a state statute.
Where state preemption applies, it precludes a local government from exercising authority in that
particular area. 82
Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 83 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent. 84 In cases where the
Legislature expressly or specifically preempts an area, the intent of the Legislature is readily
ascertained. 85 In cases determining the validity of ordinances enacted in the face of state preemption,
the effect has been to find such ordinances null and void. 86
Effect of Proposed Changes
Tobacco 21
The bill increases the minimum age to lawfully purchase and knowingly possess tobacco products in
Florida from 18 years old to 21 years old, unless a person falls under a current law exemption to the
minimum age requirement.
Specifically the bill:
• Prohibits the sale, delivery, bartering, furnishing, shipping, or giving tobacco products to
persons under the age of 21.
• Provides that anyone under the age of 21 commits a noncriminal penalty for knowingly
possessing tobacco products.
• Provides that anyone under the age of 21 who is cited for knowingly possessing tobacco
products must attend a school approved anti-tobacco program.
• Provides that anyone over the age of 21 who delivers tobacco products to a person under age
of 21 or a person under the age of 21 who knowingly violates any of the requirements for
remote sales of tobacco products and cigarettes commits a second degree misdemeanor
instead of a third degree misdemeanor, which is not provided for in current law.
• Removes the following exemptions to the minimum age requirements that allow certain persons
under the minimum age to possess or purchase tobacco products:
o A person who has had his or her disability of nonage removed under ch. 743, F.S; and
o A person who is emancipated by a court of competent jurisdiction and released from
parental care and responsibility.
• Provides that retailers must require proof of age from a purchaser of tobacco products unless
the purchaser appears to be 30 years of age or older, and similarly requires a delivery person to
require proof of age in similar circumstances.
Nicotine Products Regulation in Florida
The bill increases the minimum age to lawfully purchase and knowingly possess nicotine products and
nicotine dispensing devices in Florida from 18 years old to 21 years old, unless a person falls under an
82
Wolf, 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-joumal/the-effecti veness-of-home-ru le-a-preempt ion-and-con fl [ct-analysis/ (last visited
Mar. 22, 2021 ).
83
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).
84
Mulligan, 934 So. 2d at 1243.
85
Sarasota Alliance for Fair Elections, Inc. v. Browning, 28 So. 3d 880, 886 (Fla. 2010).
86
See, e.g., Nat'! Rifle Ass 'n ofAm., Inc. v. City ofS. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).
STORAGE NAME: pcs0987.RRS.D0CX PAGE: 15
DATE: 3/22/2021
exemption to the minimum age requirement including being in the military or acting in the scope of
lawful employment.
The bill also establishes state regulatory oversight for retailers of nicotine products and nicotine
dispensing devices. The regulations for the sale of nicotine products and nicotine dispensing devices
mirror the regulations for the sale of tobacco products. However, the bill does not impose a tax or
permit fee similar to tobacco products.
The bill includes regulations for the sale and delivery of nicotine products and nicotine dispensing
devices through the mail and over the Internet, which are similar to the regulations for tobacco
products, to ensure sales and deliveries are not to persons under age.
The bill creates a retail nicotine products dealer permit, which must be obtained from DBPR to be able
to sell nicotine products and nicotine dispensing devices, at retail, in this state. This permit however
does not allow for the sale of tobacco products. However, the bill does allow a tobacco products dealer
permit holder to sell nicotine products and nicotine dispensing devices, in addition to tobacco products.
The bill requires a person to obtain a retail nicotine products dealer permit for each place of business or
the premises where nicotine products or nicotine dispensing devices are to be sold face-to-face or
through a vending machine. The bill also requires a person who owns, leases, furnishes, or operates
vending machines that dispense nicotine products or nicotine dispensing devices to obtain a permit.
There is no fee for the permit.
The Division may only issue permits to persons who are 18 years of age or older or corporations with
officers who are 18 years of age or older. 87 The bill allows the place or premises covered by a permit to
be subject to inspection and search without a search warrant by the Division or its authorized
assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with
requirements for nicotine sales and dealing.
Anyone who deals nicotine products or nicotine dispensing devices at retail or allows a vending
machine on the premises without a permit is subject to a $500 fine.
The bill repeals s. 877.112, F.S., which currently regulates nicotine products in this state.
Requirements for Retail Nicotine Products Dealers
The bill requires nicotine product retailers to post a clear and conspicuous sign that the sale of nicotine
products is prohibited to persons under the age of 21 and that proof of age is required for purchase.
The Division is required to make the signs available to nicotine product retailers. Nicotine product
retailers must also have instructional material in the form of a calendar or similar format to assist in
determining the age of the person attempting to purchase a nicotine product.
Any person who fails to post a clear and conspicuous sign commits a second degree misdemeanor.
The bill prohibits the sale or delivery of nicotine products except when those products are under the
direct control or line of sight of the nicotine product retailer or the nicotine product retailer's agent or
employee. The bill permits nicotine products to be sold from a vending machine if the vending machine
has:
• An operational lockout device which is under the control of the nicotine product retailer or the
nicotine product retailer's agent or employee who directly controls the sale of items through the
machine by triggering the lockout device to allow the dispensing of one nicotine product;
87
S. 569.003, F.S.
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• A mechanism on the lockout device to prevent the machine from functioning if the power source
for the lockout device fails or if the lockout device is disabled; and
• A mechanism to ensure that only one nicotine product is dispensed at a time.
The bill also prohibits nicotine products from being sold or displayed by means of self-service
merchandising. Self-service merchandising means the open display of nicotine products or nicotine
dispensing devices for direct customer access and handling before the purchase of such product
without the assistance of the retailer or the retailer's employee. 88
The bill exempts establishments that prohibit people under the age of 21 on premises from such sales
requirements.
The bill requires retailers to require proof of age from a purchaser of a nicotine product or a nicotine
dispensing device unless the purchaser appears to be 30 years of age or older.
Mitigating Penalties for Underage Sales
If the Division determines a nicotine product retailer or a nicotine product retailer's employee violated
the regulations for nicotine product and nicotine dispensing device retailers, the Division can suspend
or revoke the retailer's permit or assess a fine up to $1,000 for each violation.
If the Division discovers a nicotine product retailer's employee illegally sold tobacco products to a
person under 21, the bill allows the Division to mitigate penalties if:
• The nicotine product retailer is qualified as a responsible retailer by establishing and
implementing specified practices designed to ensure that the nicotine product retailer's
employees comply with Florida laws regulating the sale of nicotine products and nicotine
dispensing devices, such as employee training;
• The nicotine product retailer had no knowledge of that employee's violation at the time of the
violation and did not direct, approve, or participate in the violation; and
• If the sale was made through a vending machine, the machine was equipped with an
operational lock-out device.
Nicotine Products and Persons under 21 Years of Age
The bill prohibits the sale, delivery, bartering, furnishing or giving of nicotine products or giving sample
to products to anyone under the age of 21. A violation of this prohibition is a second degree
misdemeanor. A second or subsequent violation within one year of the first violation is a first degree
misdemeanor.
A person charged with such a violation to have a complete defense if:
• The buyer falsely represented that he or she was 21 years of age or older;
• The appearance of the buyer would indicate, to a prudent person, that the buyer was 18 years
of age or older; and
• The buyer presented false identification upon which the person relied upon in good faith.
The bill prohibits persons under the age of 21 from knowingly possessing, directly or indirectly, any
nicotine products, or misrepresenting their age or military service for the purpose of obtaining such
products. Any person who violates such prohibition commits a non-criminal violation, punishable as
follows:
88
S. 877.112(1), F.S.
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• A first violation carries a penalty of 16 hours of community service or a $25 fine, and attendance
at a school-approved anti-tobacco and anti-nicotine program, if locally available.
• A second violation within 12 weeks of the first violation is punishable with a $25 fine.
• A court may suspend or withhold issuance of a driver's license for anyone who has failed to
complete the community service, pay the fine, or attend the school-approved anti-tobacco and
anti-nicotine program.
o A court may suspend or withhold issuance of a drivers' license for 30 days for a first
violation, and for 45 days for a second violation within 12 weeks of the first violation.
However, this does not include any person under the age of 21 who:
• Is in the military reserve or on active duty in the Armed Forces of the United States; or
• Is acting in his or her scope of lawful employment.
The bill requires 80 percent of all civil penalties received from violating prohibitions related to the
possession or sale of nicotine products by a county court to be remitted to the Department of Revenue
for transfer to the Department of Education for teacher training and for research and evaluation to
reduce and prevent the use of nicotine products and or nicotine products by children. The remaining 20
percent of civil penalties received by a county court is required to remain with the clerk of the county
court to cover administrative costs.
The bill authorizes the Division and any law enforcement officer to enforce these provisions. A local
government may also designate certain employees or agents as tobacco and nicotine product
enforcement officers. A tobacco and nicotine product enforcement officer or a correctional probation
officer may issue a citation to a person under the age of 21, whom the officer has reasonable cause to
believe is knowingly possessing tobacco products, nicotine products, or nicotine dispensing devices, or
is lying about their age or military service in order to obtain such products. 89
Mail Order, Internet, and Other Remote Sales of Nicotine Products in Florida
The bill creates requirements for the delivery of mail order, Internet, and other remote sales of nicotine
products and nicotine dispensing devices to consumers, referred to as "delivery sales." Each person
who mails, ships, or otherwise delivers nicotine products or nicotine dispensing devices in connection
with an order for a delivery sale to a consumer must:
• Include, as part of the shipping documents, in a clear and conspicuous manner, the following
statement: "Nicotine Products: Florida law prohibits shipping to individuals under 21 years of
age."
• Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of a person 21 years of age or older who resides at the delivery
address and obtain proof of the legal minimum purchase age of the individual accepting
delivery, if the individual appears to be under 30 years of age.
o Require proof that the individual accepting delivery is either the addressee or the adult
designated by the addressee, in the form of a valid, government-issued identification
card bearing a photograph of the individual who signs to accept delivery of the shipping
container.
Before the first delivery to a consumer, the bill requires the person mailing, shipping, or delivering the
nicotine products to:
• Obtain a certification from the person accepting delivery that includes reliable confirmation that
the person accepting the delivery is 21 years of age or older, and a written statement under
89
S. 569.12, F.S.
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penalty of perjury providing the person's date of birth, address, and confirmation that the person
wants to accept the delivery;
• Make a good faith effort to verify the information in the certification by checking the information
against a commercially available database or obtaining a photocopy of the person's ID;
• Provide the person accepting the delivery a notice stating nicotine products are illegal for
underage persons and sales of such products are restricted to individuals who provide verifiable
proof of legal age to purchase;
• Receive payment by a credit card or debit card in the name of the person accepting the delivery
or a personal or company check of the person accepting the delivery, if the order is made in
accordance with an advertisement on the Internet;
• Submit to the credit card company necessary information so that the words "nicotine product"
appear on the person's credit card statement when a purchase is made using a credit card; and
• Make a phone call to the person accepting the delivery to confirm the order before shipping the
order.
The bill requires a person who accepts a purchase order for a delivery sale and delivers the nicotine
products or nicotine dispensing devices without using a delivery service to comply with all of the
delivery service requirements.
The bill imposes a penalty for any person, who is 21 years or older, who knowingly violates the delivery
sale's requirements as a misdemeanor of the second degree.
The bill requires the Division to submit an annual report, by December 31st, to the Governor and
Legislature on the progress of implementing and enforcing the above requirements, including:
• The number and results of compliance visits by the Division;
• The number of violations for failure of a retailer to hold a valid permit;
• The number of violations for selling nicotine products and nicotine dispensing devices to anyone
under the age of 21 and the results of administrative hearings on such violations; and
• The number of people under the age of 21 cited, including sanctions imposed as a result of
such citation, for misrepresenting their age, purchasing nicotine products or nicotine dispensing
devices underage, and misrepresenting military service for the purpose of obtaining such
products underage.
The bill changes the title of ch. 569, F.S., from "Tobacco Products" to "Tobacco and Nicotine Products."
The bill directs the Division of Law Revision to create parts I and II of ch. 569, F.S., entitled "Tobacco
Products" and "Nicotine Products," respectively.
Preemption
The bill preempts to the state the establishment of the minimum age for the sale and delivery of
tobacco products, nicotine products, and nicotine dispensing devices, and the regulation of the
marketing of such products. However, the preemption does not prohibit a local government's ability to
require licensure for the retail sale of tobacco products, nicotine products, and nicotine dispensing
devices.
B. SECTION DIRECTORY:
Section 1. Amending s. 210.095, F.S., increasing the age of a person who may receive tobacco
products that have been shipped and violations thereof.
Section 2. Amending s. 386.212, F.S., increasing the age of person who may smoke or vape within
a certain distance of a school.
Section 3. Renames ch. 569, F.S., as "Tobacco and Nicotine Products."
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Section 4. Directs the Division of Law Revision to create part I of ch. 569, F.S., entitled "Tobacco
Products" and to create part II of ch. 569, F.S., entitled "Nicotine Products."
Section 5. Amending s. 569.002, F.S., relating to definitions.
Section 6. Amending s. 569.003, F.S., relating to tobacco products dealer permits.
Section 7. Amending s. 569.004, F.S., relating to consent to inspection and search without warrant.
Section 8. Amending s. 569.006, F.S., relating to retail tobacco products dealers; administrative
penalties.
Section 9. Amending s. 569.007, F.S., relating to the sale or delivery of tobacco products.
Section 10. Amending s. 569.0075, F.S., relating to the prohibition of giving samples of tobacco
products.
Section 11 . Amending s. 569.008, F.S., relating to responsible retail tobacco products dealers.
Section 12. Amending s. 569.009, F.S., relating to rulemaking authority.
Section 13. Amending s. 569.101, F.S., increasing the age of a person who may purchase tobacco
products.
Section 14. Amending s. 569.11, F.S., increasing the age of a person who may possess tobacco
products.
Section 15. Amending s. 569.12, F.S., relating to jurisdiction; tobacco product enforcement officers
or agents; enforcement.
Section 16. Amending s. 569.14, F.S., relating to posting of a sign stating that the sale of tobacco
products to persons under 18 years of age is unlawful; enforcement; penalty.
Section 17. Amending s. 569.19, F.S., relating to annual report.
Section 18. Creating s. 569.24, F.S., preempting the establishment of the minimum age for the sale
and delivery of tobacco and nicotine products and the marketing of such products to the
state.
Section 19. Creating s. 569.31, F.S., relating to definitions.
Section 20. Creating s. 569.32, F.S., requiring retailers of nicotine products to obtain a retail nicotine
products dealer permits.
Section 21 . Creating s. 569.33, F.S., requiring retail nicotine products dealer permit holders to
consent to certain inspections.
Section 22. Creating s. 569.34, F.S., creating penalties for operating without a retail nicotine
products dealer permit.
Section 23. Creating s. 569.35, F.S., creating administrative penalties for retail nicotine products
dealers.
Section 24. Creating s. 569.37, F.S., creating regulations for the retail sale of nicotine products.
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Section 25. Creating s. 569.38, F.S., creating prohibitions for giving samples of nicotine products.
Section 26. Creating s. 569.381, F.S., creating responsible retail nicotine products dealer
qualifications.
Section 27. Creating s. 569.39, F.S., granting rulemaking authority to DBPR.
Section 28. Creating s. 569.41, F.S., providing penalties for the sale of nicotine products to underage
persons.
Section 29. Creating s. 569.42, F.S., providing penalties for underage persons possessing nicotine
products.
Section 30. Creating s. 569.43, F.S., requiring nicotine product retailers to post certain signs.
Section 31 . Creating s. 569.44, F.S., requiring DBPR to perform an annual report.
Section 32. Creating s. 569.45, F.S., creating regulations for the delivery of nicotine products and
penalties for violations of such regulations.
Section 33. Repeals s. 877.112, F.S.
Section 34. Provides an effective date of October 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
On April 12, 2019, the Revenue Estimating Impact Conference reviewed HB 7119 of the 2019
Florida Legislative Session. HB 7119 also increased the minimum age to purchase tobacco and
nicotine products to 21 years of age. The Revenue Estimating Impact Conference estimated it will
result in a reduction in Tobacco Tax and Surcharge collections. The following chart shows the
impact over the 2019-20 through 2023-24 fiscal years (in millions): 90
Fiscal Year General Revenue Trust Fund Total
2019,-20 $ (0:4) $ (U!) $ (.1:.6)
2020-21 $ (0.6) $ (1.7) $ (23)
2021-ll $ (0.9) $ .(~!-2) $ (3.!l)
2022-23 $ (1.1) $ (2.8) $ (3.9)
2oa2.i s (1L.1J $ (2.s) $ ~~,9L
The Department of Revenue (DOR) may see an increase in revenue as the bill allows 80 percent of
civil penalties received by a county court relating to enforcement of underage possession and
purchasing of nicotine products to be remitted to DOR. The impact is indeterminate.
90 Office of Economic & Demographic Research, April 12, 2019 Revenue Estimating Conference
(http://edr.state.fl.us/Content/conferences/revenueimpact/archives/20 l 9/ pdf/Impact04 I2.pdfr (last visited Mar. 19, 2021). Note:
There is a possible negative impact on sales tax collected on nicotine dispensing devices. The EDR analysis only focuses on the
impact on Tobacco Tax and Surcharge.
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DATE: 3/22/2021
There may be an indeterminate positive fiscal impact on the state due to a possible reduction in
treatment of smoking and vaping related diseases and illnesses if these persons received services
from a state program (e.g., Medicaid).
2. Expenditures:
The bill has a significant, indeterminate, negative fiscal impact on DBPR. The bill creates new
duties of the Division relating to the regulation and enforcement of nicotine products and sales
which will increase current workload on Division employees. The impact is indeterminate because
the number of current retailers who sell nicotine products is unknown as they are not currently
regulated by any state agency.
The bill requires the Division to create a new application for a retail nicotine products dealer permit,
and issue such permits, the cost of which may be able to be absorbed within current resources.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The clerk of the county court may see an increase in revenue as the bill allows twenty percent of
civil penalties received by a county court relating to enforcement of underage possession and
purchasing of nicotine products to remain with the clerk. The impact is indeterminate.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
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:
None.
B. RULE-MAKING AUTHORITY:
The bill provides sufficient rule-making authority for DBPR to implement the provisions of this bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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DATE: 3/22/2021
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
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FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 987 2021
1 A bill to be entitled
2 An act relating to tobacco and nicotine products;
3 amending s. 210.095, F.S.; deleting the definition of
4 the term "adult"; revising age limitations relating to
5 mail order, Internet, and remote sales of tobacco
6 products; amending s. 386.212, F.S.; providing that it
7 is unlawful for persons under 21 years of age to smoke
8 tobacco or vape in, on, or within 1,000 feet of the
9 real property comprising a public or private
10 elementary, middle, or secondary school during
11 specified hours; renaming ch. 569, F.S.; providing
12 directives to the Division of Law Revision; amending
13 s. 569.002, F.S.; defining the terms "nicotine
14 product" and "nicotine dispensing device"; conforming
15 provisions to changes made by the act; amending ss.
16 569.003, 569.004, and 569.006, F.S.; conforming
17 provisions to changes made by the act; amending s.
18 569.007, F.S.; revising age limitations relating to
19 the sale and delivery of tobacco products; revising
20 applicability; requiring that the age of persons
21 purchasing tobacco products be verified under certain
22 circumstances; amending s. 569.0075, F.S.; revising
23 age limitations relating to gifting sample tobacco
24 products; amending s. 569.008, F.S.; revising
25 legislative intent; revising qualification
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26 requirements for responsible retail tobacco products
27 dealers; conforming provisions to changes made by the
28 act; amending s. 569.009, F.S.; conforming a provision
29 to changes made by the act; amending s. 569.101, F.S.;
30 revising age limitations relating to selling,
31 delivering, bartering, furnishing, or giving tobacco
32 products to certain persons; amending s. 569.11, F.S.;
33 revising age limitations relating to possessing and
34 obtaining tobacco products; amending s. 569.12, F.S.;
35 expanding the authority of tobacco product enforcement
36 officers to include nicotine products; amending s.
37 569.14, F.S.; revising requirements for signage
38 relating to tobacco products, nicotine products, and
39 nicotine dispensing devices; conforming provisions to
40 changes made by the act; amending s. 569.19, F.S.;
41 conforming provisions to changes made by the act;
42 creating s. 569.24, F.S.; providing definitions;
43 preempting the establishment of the minimum age for
44 the sale or delivery of tobacco products and nicotine
45 products and marketing of such products to the state;
46 providing exceptions; creating s. 569.31, F.S.;
47 defining terms; creating s. 569.32, F.S.; requiring
48 retail nicotine product dealers to acquire a permit;
49 providing requirements and authorizations for such
50 permit; creating s. 569.33, F.S.; specifying that an
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51 applicant for a retail nicotine products dealer permit
52 consents to certain inspections and searches upon
53 accepting such permit; creating s. 569.34, F.S.;
54 prohibiting certain persons, firms, associations, or
55 corporations from operating without a permit;
56 providing civil penalties; creating s. 569.35, F.S.;
57 providing administrative penalties for retail nicotine
58 product dealers under certain circumstances; requiring
59 the Division of Alcoholic Beverages and Tobacco to
60 deposit funds collected from administrative fines into
61 the General Revenue Fund; creating s. 569.37, F.S.;
62 providing restrictions on selling, delivering,
63 bartering, furnishing, giving, or possession of
64 nicotine products; requiring that the age of persons
65 purchasing nicotine products be verified under certain
66 circumstances creating s. 569.38, F.S.; prohibiting
67 certain persons from gifting sample nicotine products
68 to persons under a specified age; creating s. 569.381,
69 F.S.; providing legislative intent; providing
70 requirements for a dealer to qualify as a responsible
71 retail nicotine products dealer; authorizing the
72 division to mitigate certain penalties; requiring the
73 division to develop and make available a nicotine
74 products training program; requiring dealers to
75 exercise diligence in the management and supervision
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76 of their premises and the supervision and training of
77 certain persons; creating s. 569.39, F.S.; requiring
78 the division to adopt rules; creating ss. 569.41 and
79 569.42, F.S.; providing civil and criminal penalties
80 relating to selling, delivering, bartering,
81 furnishing, or giving nicotine products to certain
82 persons and possessing and acquiring nicotine
83 products, respectively; creating s. 569.43, F.S.;
84 providing signage requirements relating to the sale of
85 nicotine products or nicotine dispensing devices;
86 providing criminal penalties; creating s. 569.44,
87 F.S.; requiring the division to provide an annual
88 report containing specified information to the
89 Governor and the Legislature; creating s. 569.45,
90 F.S.; defining terms; providing requirements for mail
91 order, Internet, and remote sales of nicotine
92 products; providing applicability; providing criminal
93 penalties; repealing s. 877.112, F.S., relating to
94 nicotine products and nicotine dispensing devices;
95 providing an effective date.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99
100 Section 1. Paragraph (a) of subsection (1), paragraphs (a)
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101 and (c) of subsection (2), paragraph (a) of subsection (3),
102 paragraph (a) of subsection (4), paragraphs (a) and (b) of
103 subsection (5), and paragraphs (a), (b), (e), and (g) of
104 subsection (8) of section 210.095, Florida Statutes, are amended
105 to read:
106 210.095 Mail order, Internet, and remote sales of tobacco
107 products; age verification.-
108 (1) For purposes of this section, the term:
109 (a) "Adult " means an individual ~.·ho is at least of the
110 legal minimum purchase age for tobacco products.
111 (2)
112 (a) A sale of tobacco products constituting a delivery
113 sale pursuant to paragraph (1) (b) (1) (c) is a delivery sale
114 regardless of whether the person accepting the order for the
115 delivery sale is locate d inside or outside this state.
116 (c) A person may not make a delivery sale of tobacco
117 products to any individual who is not 21 years of age or older
118 an adult.
119 (3) A person may not mail , ship , or othe rwise delive r
120 tobacco products in connection with an order for a delivery sale
121 unless, before the first delivery to the consumer, the person
122 accepting the order for the d e livery sale:
123 (a) Obtains from t he individual submitting the order a
1 24 certi f ication that includes:
125 1. Reliable confirmation that the individual is 21 years
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126 of age or older an adult; and
127 2. A statement signed by the individual in writing and
128 under penalty of perjury which:
129 a. Certifies the address and date of birth of the
130 individual; and
131 b. Confirms that the individual wants to receive delivery
132 sales from a tobacco company and understands that, under the
133 laws of this state, the following actions are illegal:
134 (I) Signing another individual's name to the
135 certification;
136 (II) Selling tobacco products to individuals under the
137 legal minimum purchase age; and
138 (III) Purchasing tobacco products, if the person making
139 the purchase is under the legal minimum purchase age.
140
141 In addition to the requirements of this subsection, a person
142 accepting an order for a delivery sale may request that a
143 consumer provide an electronic mail address.
144 (4) The notice desc r ibed in p a ragraph (3) (c) must include
145 prominent and clearly legible statements that sales of tobacco
146 products are:
147 (a) Illegal if made to individuals who a re not 2 1 years of
148 a ge or olde r adults.
149
150 The notice must include an e x planation of how each tax has been,
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151 or is to be, paid with respect to the delivery sale.
152 (5) Each person who mails, ships, or otherwise delivers
153 tobacco products in connection with an order for a delivery sale
154 must:
155 (a) Include as part of the shipping documents, in a clear
156 and conspicuous manner, the following statement: "Tobacco
157 Products: Florida law prohibits shipping to individuals under 21
158 ±8- years of age and requires the payment of all applicable
159 taxes."
160 (b) Use a method of mailing, shipping, or delivery which
161 obligates the delivery service to require:
162 1. The individual submitting the order for the delivery
163 sale or another individual who is 21 years of age or older adult
164 who resides at the individual's address to sign his or her name
165 to accept delivery of the shipping container. Proof of the legal
166 minimum purchase age of the individual accepting delivery is
167 required only if the individual appears to be under 30 ~ years
168 of age.
169 2. Proof that the individual is either the addressee or
170 the individual who is 21 years of age or older adult designated
171 by the addressee, in the form of a valid, government-issued
172 identification card bearing a photograph of the individual who
173 signs to accept delivery of the shipping container.
174
175 If the person accepting a purchase order for a delivery sale
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176 delivers the tobacco products without using a delivery service,
177 the person must comply with all of the requirements of this
178 section which apply to a delivery service. Any failure to comply
179 with a requirement of this section constitutes a violation
180 thereof.
181 (8) (a) Except as otherwise provided in this section, a
182 violation of this section by a person other than an individual
183 who is not 21 years of age or older an adult is a misdemeanor of
184 the first degree, punishable as provided ins. 775.082 ors.
185 775.083, and:
186 1. For a first violation of this section, the person shall
187 be fined $1,000 or five times the retail value of the tobacco
188 products involved in the violation, whichever is greater.
189 2. For a second or subsequent violation of this section,
190 the person shall be fined $5,000 or five times the retail value
191 of the tobacco products involved in the violation, whichever is
192 greater.
193 (b) A person who is 21 years of age or older an adult and
1 94 knowingly submits a false certification under subsection (3)
195 commits a misdemeanor of the first degree, punishable as
196 provided ins. 775.082 ors. 775.083. For each offense, the
197 person shall be fined $10,000 or five times the retail value of
198 the tobacco products involved in the violation, whichever is
199 greater.
200 (e) A person who, in connection with a delivery sale,
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201 delivers tobacco products on behalf of a delivery service to an
202 individual who is not 21 years of age or older an adult commits
203 a misdemeanor of the second third degree, punishable as provided
204 ins. 775.082 ors. 775.083.
205 (g) An individual who is not 21 years of age or older ttR
206 adult and who knowingly violates any provision of this section
207 commits a misdemeanor of the second third degree, punishable as
208 provided ins. 775.082 ors. 775.083.
209 Section 2. Subsection (1) of section 386.212, Florida
210 Statutes, is amended to read:
211 386.212 Smoking and vaping prohibited n ea r school
212 property; penalty.-
213 (1) It is unlawful for any person under £h ±-& years of age
214 to smoke tobacco or vape in, on, or within 1,000 feet of the
215 real property comprising a public or private elementary, middle,
216 or secondary school between the hours of 6 a.m. and midnight.
217 This section does not apply to any person occupying a moving
218 vehicle or within a private r esidence.
219 Section 3. Chapter 569 , Florida Statutes , entit led
220 "Tobacco Products," is renamed "Tobacco and Nicotine Products."
221 Section 4. The Division of Law Revision is directed to:
222 (1) Create part I of chapter 569, Florida Statutes ,
223 consisting of ss. 569.002-569.24, Florida Statutes, to be
224 entitled "Tobacco Products."
225 (2) Create part II of chapter 569, Florida Statute s,
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226 consisting of ss. 569.31-569.45, Florida Statutes, to be
227 entitled "Nicotine Products."
228 Section 5. Section 569.002, Florida Statutes, is amended
229 to read:
230 569.002 Definitions.-As used in this part chapter, the
231 term:
232 ( 1) "Dealer" is synonymous with the term "retail tobacco
233 products dealer."
234 (2) "Division" means the Division of Alcoholic Beverages
235 and Tobacco of the Department of Business and Professional
236 Regulation.
237 ( 3) "Nicotine product" has the same meaning as provided in
238 s. 569.31(4).
239 (4) "Nicotine dispensing device" has the same meaning as
240 provided ins. 569.31(3).
241 ill "Permit" is synonymous with the term "retail tobacco
242 products dealer permit."
243 ill--f-4+- "Retail tobacco products dealer" means the holder
244 of a retail tobacco products dealer permit.
245 J...21-f-§+ "Retail tobacco products dealer permit" means a
246 permit issued by the division pursuant to s. 569.003.
247 ill-f-6+- "Tobacco products" includes loose tobacco leaves,
248 and products made from tobacco leaves, in whole or in part, and
249 cigarette wrappers, which can be used for smoking, sniffing, or
250 chewing.
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251 ill-+-++ "Any person under the age of 21 -±-8-" does not
252 include any person under the age o f ~ ±8- who:
253 +a+ Has had his er her disability of nonage removed under
254 chapter 7431
255 ~-ta+ Is in the military reserve or on active duty in the
256 Armed Forces of the United States; or
257 (c) Is otherwise emancipated by a court of competent
258 jurisdiction and releaoea from parental care and responsibility;
259 e-r
260 (b)~ Is acting in his or her scope of lawful employment
261 with an entity licensed under the provisions of chapter 210 or
262 this part chapter.
263 Section 6. Paragraph (c) of subsection (1) of section
264 569.003, Florida Statutes, is amended to read:
265 569.003 Retail tobacco products dealer permits;
266 application; qualifications; fees; renewal; duplicates.-
267 ( 1)
268 (c) Permits shall ·be issued annually, upon payment of the
269 annual permit fee prescribed by the division. The division shall
270 fix the fee in an amount sufficient to meet the costs incurred
271 by it in carrying out its permitting, enforcement, and
272 administrative responsibilities under this part chapter, but the
273 fee may not exceed $50. The proceeds of the fee shall be
274 deposited into the Alcoholic Beverage and Tobacco Trust Fund.
275 Section 7. Section 569.004, Florida Statutes, is amended
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276 to read:
277 569.004 Consent to inspection and search without warrant.-
278 An applicant for a permit, by accepting the permit when issued,
279 agrees that the place or premises covered by the permit is
280 subject to inspection and search without a search warrant by the
281 division or its authorized assistants, and by sheriffs, deputy
282 sheriffs, or police officers, to determine compliance with this
283 chapter, including part II of this chapter if the applicant
284 deals, at retail, in nicotine products within the state or
285 allows a nicotine products vending machine to be located on its
286 premises within the state .
287 Section 8. Section 569.006, Florida Statutes, is amended
288 to read:
289 569.006 Retail tobacco products dealers; administrative
290 penalties.-The division may suspend or revoke the permit of the
291 dealer upon sufficient cause appearing of the violation of any
292 of the provisions of this chapter, including part II of this
293 chapter if the dealer deals, at retail, in nicotine products
294 within the state or allows a nicotine products vending machine
295 to be located on its premises within the state, by a dealer or
296 by a dealer's agent or employee. The division may also assess
297 and accept administrative fines of up to $1,000 against a dealer
298 for each violation. The division shall deposit all fines
299 collected into the General Revenue Fund as collected. An order
300 imposing an administrative fine becomes effective 15 days after
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301 the date of the order. The division may suspend the imposition
302 of a penalty against a dealer, conditioned upon the dealer's
303 compliance with terms the division considers appropriate.
304 Section 9. Subsections ( 1) , ( 2) , and ( 4) of section
305 569.007, Florida Statutes, are amended to read:
306 569.007 Sale or delivery of tobacco products;
307 restrictions.-
308 (1) In order to prevent persons under~±& years of age
309 from purchasing or receiving tobacco products, the sale or
310 delivery of tobacco products is prohibited, except:
311 (a) When under the direct cont ro l or line of sight of the
312 dealer or the dealer's agent or employee; or
313 (b) Sales from a vending machine are prohibited under the
314 provisions of paragraph (1) (a) and are only permissible from a
315 ma chine tha t is equipped with an ope ra tional lockout device
316 which is under the control of the dealer or the dealer's agent
317 or employee who directly regulates the sale of items through the
318 machine by triggering the lo ckout device to allow the dispensing
319 of one tobacco product. The l ockout device mus t include a
320 mechanism to prevent the machine from functioning if the power
321 source for the lockout device fails or if the lockout device is
322 disabled, and a me c hanism to ensure that only one toba cco
323 product is dispens e d at a time.
324 (2) The provisions of subsection (1) sha ll no t a pply to an
325 establishment that prohibits persons under 21 ±& years of age on
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326 the licensed premises.
327 (4) A dealer or a dealer's agent or employee must ma-y
328 require proof of age of a purchaser of a tobacco product before
329 selling the product to that person, unless the purchaser appears
330 to be 30 years of age or older.
331 Section 10. Section 569.0075, Florida Statutes, is amended
332 to read:
333 569.0075 Gift of sample tobacco products prohibited.-The
334 gift of sample tobacco products to any person under the age of
335 ~ -±-8- by an entity licensed or permitted under the provisions of
336 chapter 210 or this part chapter, or by an employee of such
337 entity, is prohibited and is punishable as provided ins.
338 569. 101.
339 Section 11. Subsection (1), paragraphs (b) and (c) of
340 subsection (2), and subsection (3) of section 569.008, Florida
341 Statutes, are amended to read:
342 569.008 Responsible retail tobacco products dealers;
343 qualifications; mitigation of disciplinary penalties; diligent
344 management and supervision; presumption.-
345 (1) The Legislature intends to prevent the sale of tobacco
346 products to persons under 21 ±-8- years of age and to encourage
347 retail tobacco products dealers to comply with responsible
348 practices in accordance with this section.
349 (2) To qualify as a responsible retail tobacco products
350 dealer, the dealer must establish and implement procedures
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351 designed to ensure that the dealer's employees comply with the
352 provisions of this part chapter. The dealer must provide a
353 training program for the dealer's employees which addresses the
354 use and sale of tobacco products and which includes at least the
355 following topics:
356 (b) Methods of recognizing and handling customers under 21
357 ~ years of age.
358 (c) Procedures for proper examination of identification
359 cards in order to verify that customers are not under 21 ~
360 years of age.
361 (3) In determining penalties under s. 569.006, the
362 division may mitigate penalties imposed against a dealer because
363 of an employee's illegal sale of a tobacco product to a person
364 under .?_l ±-8- years of age if the following conditions are met:
365 (a) The dealer is qualified as a responsible dealer under
3 66 this section.
367 (b) The dealer provided the training program required
368 under subsection (2) to that employee before the illegal sale
369 occurred.
370 (c) The dealer had no knowledge of that employee's
371 violation at the time of the violation and did not direct,
372 approve, or participate in the violation.
373 (d) If the sale was made through a vending machine, the
374 machine was equipped with an operational lock-out device.
375 Section 12. Section 569.009, Florida Statutes, is amended
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376 to read:
377 569.009 Rulemaking authority.-The division shall adopt any
378 rules necessary to administer and enforce the provisions of this
379 part chapter.
380 Section 13. Section 569.101, Florida Statutes, is amended
381 to read:
382 569.101 Selling, delivering, bartering, furnishing, or
383 giving tobacco products to persons under 21 -±-8- years of age;
384 criminal penalties; defense.-
385 (1) It is unlawful to sell, deliver, barter, furnish, or
386 give, directly or indirectly, to any person who is under 21 ±&
387 years of age, any tobacco product.
388 (2) Any person who violates subsection (1) commits a
389 misdemeanor of the second degree, punishable as provided ins.
390 775.082 ors. 775.083. However, any person who violates
391 subsection (1) for a second or subsequent time within 1 year of
392 the first violation, commits a misdemeanor of the first degree,
393 punishable as provided ins. 775.082 ors. 775.083.
394 (3) A person charged with a violation of subsection (1)
395 has a complete defense if, at the time the tobacco product was
396 sold, delivered, bartered, furnished, or given:
397 (a) The buyer or recipient falsely evidenced that she or
398 he was 21 -±--8- years of age or older;
399 (b) The appearance of the buyer or recipient was such that
400 a prudent person would believe the buyer or recipient to be 21
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401 ±-8- years of age or older; and
402 (c) Such person carefully checked a driver license or an
403 identification card issued by this state or another state of the
404 United States, a passport, or a United States armed services
405 identification card presented by the buyer or recipient and
406 acted in good faith and in reliance upon the representation and
407 appearance of the buyer or recipient in the belief that the
408 buyer or recipient was~ ±-8- years of age or older.
409 Section 14. Section 569.11, Florida Statutes, is amended
410 to read:
411 569.11 Possession, misrepresenting age or military service
412 to purchase, and purchase of tobacco products by persons under
413 ~ ±-8- years of age prohibited; penalties; jurisdiction;
414 disposition of fines.-
415 (1) It is unlawful for any person under~ ±-8- years of age
416 to knowingly possess any tobacco product. Any person under~ ±-8-
417 years of age who violates this subsection commits a noncriminal
418 violation as provided ins. 775.08(3), punishable by:
419 (a) For a first violation, 16 hours of community service
420 or, instead of community service, a $25 fine. In addition, the
421 person must attend a school-approved anti-tobacco program, if
422 locally available; or
423 (b) For a second or subsequent violation within 12 weeks
424 after the first violation, a $25 fine.
425
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426 Any second or subsequent violation not within the 12-week period
427 after the first violation is punishable as provided for a first
428 violation.
429 (2) It is unlawful for any person under~ ±8- years of age
430 to misrepresent his or her age or military service for the
431 purpose of inducing a dealer or an agent or employee of the
432 dealer to sell, give, barter, furnish, or deliver any tobacco
433 product, or to purchase, or attempt to purchase, any tobacco
434 product from a person or a vending machine. Any person under 21
435 ~ years of age who violates this subsection commits a
436 noncriminal violation as provided ins. 775.08(3), punishable
437 by:
438 (a) For a first violation, 16 hours of community service
439 or, instead of community service, a $25 fine and, in addition,
440 the person must attend a school-approved anti-tobacco program,
441 if available; or
442 (b) For a second or subsequent violation within 12 weeks
443 after the first violation, a $25 fine.
444
445 Any second or subsequent violation not within the 12-week period
446 after the first violation is punishable as provided for a first
447 violation.
448 (3) Any person under~ ±8- years of age cited for
449 committing a noncriminal violation under this section must sign
450 and accept a civil citation indicating a promise to appear
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451 before the county court or comply with the requirement for
452 paying the fine and must attend a school-approved anti-tobacco
453 program, if locally available. If a fine is assessed for a
454 violation of this section, the fine must be paid within 30 days
455 after the date of the citation or, if a court appearance is
456 mandatory, within 30 days after the date of the hearing.
457 (4) A person charged with a noncriminal violation under
458 this section must appear before the county court or comply with
459 the requirement for paying the fine. The court, after a hearing,
460 shall make a determination as to whether the noncriminal
461 violation was committed. If the court finds the violation was
4 62 committed, it shall impose an appropriate penalty as specified
463 in subsection (1) or subsection (2). A person who participates
4 64 in community service shall be considered an employee of the
465 state for the purpose of chapter 440, for the duration of such
466 service.
467 (5) (a) If a person under~ ±-8- years of age is found by
468 the court to have committed a noncriminal violation under this
469 section and that person has failed to complete community
470 service, pay the fine as required by paragraph ( 1) (a) or
471 paragraph (2) (a), or attend a school-approved anti-tobacco
472 program, if locally available, the court may direct the
473 Department of Highway Safety and Motor Vehicles to withhold
474 issuance of or suspend the driver license or driving privilege
475 of that person for a period of 30 consecutive days.
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476 (b) If a person under~ ±8- years of age is found by the
477 court to have committed a noncriminal violation under this
478 section and that person has failed to pay the applicable fine as
47 9 required by paragraph ( l) (b) or paragraph ( 2) (b) , the court may
480 direct the Department of Highway Safety and Motor Vehicles to
481 withhold issuance of or suspend the driver license or driving
482 privilege of that person for a period of 45 consecutive days.
483 (6) Eighty percent of all civil penalties received by a
484 county court pursuant to this section shall be remitted by the
485 clerk of the court to the Department of Revenue for transfer to
486 the Department of Education to provide for teacher training and
487 for research and evaluation to reduce and prevent the use of
488 tobacco products by children. The remaining 20 percent of civil
489 penalties received by a county court pursuant to this section
490 shall remain with the clerk of the county court to cover
491 administrative costs.
492 Section 15. Section 569.12, Florida Statutes, is amended
493 to read:
494 569.12 Jurisdiction; tobacco product and nicotine product
495 enforcement officers or agents; enforcement.-
496 (1) In addition to the Division of Alcoholic Beverages and
497 Tobacco of the Department of Business and Professional
498 Regulation, any law enforcement officer certified under s.
499 943.10(1), (6), or (8) shall enforce the provisions of this
500 chapter.
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501 (2) (a) A county or municipality may designate certain of
502 its employees or agents as tobacco product and nicotine product
503 enforcement officers. The training and qualifications of the
504 employees or agents for such designation shall be determined by
505 the county or the municipality. Nothing in this section shall be
506 construed to permit the carrying of firearms or other weapons by
507 a tobacco product and nicotine product enforcement agent, nor
508 does designation as a tobacco product and nicotine product
509 enforcement officer provide the employee or agent with the power
510 of arrest or subject the employee or agent to the provisions of
511 ss. 943.085-943.255. Nothing in this section amends, alters, or
512 contravenes the provisions of any state-administered retirement
513 system or any state-supported retirement system established by
514 general law.
515 (b) A tobacco and nicotine product enforcement officer is
516 authorized to issue a citation to a person under the age of 21
517 ±8- when, based upon personal investigation, the officer has
518 reasonable cause to believe that the person has committed a
519 civil infraction in violation of s. 386.212L er s. 569.11, ors.
520 569.42.
521 (3) A correctional probation officer as defined ins.
522 943.10(3) is authorized to issue a citation to a person under
523 the age o f ~ ~ when, based upon personal investigation, the
524 officer has reasonable cause to believe that the person has
525 committed a civil infraction in violation of s. 569.11 ors.
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526 569.42.
527 (4) A citation issued to any person violating the
528 provisions of s. 569.11 ors. 569.42 shall be in a form
529 prescribed by the Division of Alcoholic Beverages and Tobacco of
530 the Department of Business and Professional Regulation and shall
531 contain:
532 (a) The date and time of issuance.
533 (b) The name and address of the person to whom the
534 citation is issued.
535 (c) The date and time the civil infraction was committed.
536 (d) The facts constituting reasonable cause.
537 (e) The number of the Florida statute violated.
538 (f) The name and authority of the citing officer.
539 (g) The procedure for the person to follow in order to
540 contest the citation, perform the required community service,
541 attend the required anti-tobacco or anti-tobacco and anti-
542 nicotine program, or to pay the civil penalty .
543 Section 16. Section 569.14, Florida Statutes, is amended
544 to read:
545 569.14 Posting of a sign stating that the sale of tobacco
546 products or nicotine products to persons under 21 ±-8- years of
547 age is unlawful; enforcement; penalty.-
548 (1) A dealer that sells tobacco products shall post a
549 clear and conspicuous sign in each place of business where such
550 products are sold which substantially states the following:
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551
552 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
553 OF 21 -±--8- IS AGAINST FLORIDA LAW. PROOF OF AGE IS
554 REQUIRED FOR PURCHASE.
555
556 (2) A dealer that sells tobacco products and nicotine
557 products or nicotine dispensing devices , as defined ins .
558 877.112, may use a sign that substantially states the following:
559
560 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
561 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
562 OF 21 -±--8- IS AGAINST FLORIDA LAW. PROOF OF AGE IS
563 REQUIRED FOR PURCHASE.
564
565 A dealer that uses a sign as described in this subsection meets
566 the signage requirements of subsection (1) ands. 569.43(1) s.-
567 877.112.
568 (3) The division shall make available to dealers of
569 tobacco products signs that meet the requirements of subsection
570 (1) or subsection (2).
571 (4) Any dealer that sells tobacco products shall provide
572 at the checkout counter in a location clearly visible to the
573 dealer or the dealer's agent or employee instructional material
574 in a calendar format or similar format to assist in determining
575 whether a person is of legal age . to purchase tobacco products.
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576 This point of sale material must contain substantially the
577 following language:
578
579 IF YOU WERE NOT BORN BEFORE THIS DATE
580 (insert date and applicable year)
581 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,
582 OR NICOTINE DISPENSING DEVICES.
583
584 Upon approval by the division, in lieu of a calendar a dealer
585 may use card readers, scanners, or other electronic or automated
586 systems that can verify whether a person is of legal age to
587 purchase tobacco products. Failure to comply with the provisions
588 contained in this subsection shall result in imposition of
589 administrative penalties as provided ins. 569.006.
590 (5) The division, through its agents and inspectors, shall
591 enforce this section.
592 (6) Any person who fails to comply with subsection (1) is
593 guilty of a misdemeanor of the second degree, punishable as
594 provided ins. 775.082 ors. 775.083.
595 Section 17. Section 569.19, Florida Statutes, is amended
596 to read:
597 569.19 Annual report.-The division shall report annually
598 with written findings to the Legislature and the Governor by
599 December 31, on the progress of implementing the enforcement
600 provisions of this part chapter. This must include, but is not
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601 limited to:
602 (1) The number and results of compliance visits.
603 (2) The number of violations for failure of a retailer to
604 hold a valid license.
605 (3) The number of violations for selling tobacco products
606 to persons under age 21 -±-8-, and the results of administrative
607 hearings on the above and related issues.
608 (4) The number of persons under age 21 ±-8- cited for
609 violations of s. 569.11 and sanctions imposed as a result of
610 citation.
611 Section 18. Section 569.24, Florida Statutes, is created
612 to read:
613 569.24 Preemption of the establishment of the minimum age
614 for tobacco products, nicotine products, or nicotine dispensing
615 devices, and the regulation of marketing of such products.-
616 (1) DEFINITIONS.-As used in this section, the term:
617 (a) "Local government" means a county, municipality,
618 special district, or political subdivision of the state.
619 (b) "Minimum age" means the lawful age to purchase or
620 knowingly possess tobacco products or nicotine p roducts.
621 (c) "Retail licensure" means any certification,
622 registration, or license that is required for a person, firm,
623 association, or corporation to deal, at retail, any tobacco
624 products or nicotine products.
625 (2) PREEMPTION.-The establishment of the minimum age for
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626 the sale and delivery of tobacco products and nicotine products
627 and the regulation of the marketing of such products, is
628 preempted to the state. Nothing in this section shall be
629 construed to affect a local government's ability to require
630 retail licensure for the sale of tobacco products and nicotine
631 products.
632 Section 19. Section 569.31, Flo r ida Statutes, is created
633 to read:
634 569.31 Definitions.-As used in this part , the term:
635 (1) "Dealer" is synonymous with the te rm "retail nicotine
636 products dealer."
637 ( 2) "Di vision" means the Di vision of Alcoholic Beverages
638 and Tobacco of the Department of Business and Professional
639 Regulation.
640 ( 3) "Nicotine dispensing device" means any product that
641 employs an electronic, chemical, or mechanical means to produce
642 vapor or aerosol from a nicotine product, including, but not
643 limited to, an ele ctronic cigarette, e lectronic cigar,
644 elec tronic cigaril lo , electronic pipe , or other similar device
645 or product, any replacement cartridge for such device, and any
646 other container of nicotine in a solution or other form intended
647 to be us ed with or within an electronic cigarette , electronic
648 cigar, electronic c igarill o, elect ronic pipe, or othe r similar
649 d e vice or product.
650 ( 4) "Nicotine product" means any product that contains
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651 nicotine, including liquid nicotine , which is intended for human
652 consumption, whether inhaled, chewed, absorbed, dissolved, or
653 ingested by any means. The term also includes any nicotine
654 dispensing device. The term does not include a:
655 (a) Tobacco product, as defined ins. 569.002;
656 (b) Product regulated as a drug or device by the United
657 States Food and Drug Administration under Chapter V of the
658 Federal Food, Drug, and Cosmetic Act; or
659 (c) Product that contains incidental nicotine.
660 (5) "Permit" is synonymous with the term "retail nicotine
661 products dealer permit."
662 ( 6) "Retail nicotine products dealer" means the holder of
663 a retail nicotine products dealer permit.
664 ( 7) "Retail nicotine products dealer permit" means a
665 permit issued by the division under s. 569.32 .
666 (8) "Self-service merchandising" means the open display of
667 nicotine products, whether packaged or otherwise, for direct
668 retail customer access and handling before purchase without the
669 intervention or assistance of the dealer or the dealer's owner,
670 employee, or agent. An open display of such products and devices
671 includes the use of an open display unit.
672 (9) "Any person under the age of 21" does not include any
673 person under the age of 21 who:
674 (a) Is in the military reserve or on active duty in the
675 Armed Forces of the United States; or
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676 (b) Is acting in his or her scope of lawful employment.
677 Section 20. Section 569.32, Florida Statutes, is created
678 to read:
679 569.32 Retail nicotine products dealer permits;
680 application; qualifications; renewal; duplicates.-
681 (1) (a) Each person , firm, association, or corporation that
682 seeks to deal, at retail, in nicotine products within the state,
683 or to allow a nicotine products vending machine to be located on
684 its premises in the state, must obtain a retail nicotine
685 products dealer permit for each place of business or premises at
686 which nicotine products are sold. Each dealer owning, leasing,
687 furnishing, or operating vending machines through which nicotine
688 products are sold must obtain a permit for each machine and
689 shall post the permit in a conspicuous place on or near the
690 machine; however, if the dealer has more than one vending
691 machine at a single location or if nicotine products are sold
692 both over the counter and through a vending machine at a sing le
693 location, the dealer need obtain only one permit for that
694 location.
695 (b) Application for a permit must be made on a form
696 furnished by the division and must set forth the name under
697 which the applicant transacts or intends to transact business,
698 the address of the location of the applicant's place of business
699 within the state, and any other information the division
700 requires. If the applicant has or intends to have more than one
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701 place of business dealing in nicotine products within the state,
702 a separate application must be made for each place of business.
703 If the applicant is a firm or an association, the application
704 must set forth the names and addresses of the persons
705 constituting the firm or association; if the applicant is a
706 corporation, the application must set forth the names and
707 addresses of the principal officers of the corporation. The
708 application must also set forth any other information prescribed
709 by the division for the purpose of identifying the applicant
710 firm, association, or corporation. The application must be
711 signed and verified by oath or affirmation by the owner, if a
712 sole proprietor, or, if the owner is a firm, association, or
713 partnership, by the members or partners thereof, or, if the
714 owner is a corporation, by an executive officer of the
715 corporation or by a person authorized by the corporation to sign
716 the application, together with the written evidence of this
717 authority .
718 (2) (a) Permits may be issued only to persons who are 18
719 years of age or older or to corporations the officers of which
720 are 18 years of age or older.
721 (b) The division may refuse to issue a permit to any
722 person, firm, association, or corporation the permit of which
723 has been revoked, to any corporation an officer of which has had
724 his or her permit revoked, or to any person who is or has been
725 an officer of a corporation the permit of which has been
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726 revoked. Any permit issued to a firm, association, or
727 corporation prohibited from obtaining a permit under this
728 chapter shall be revoked by the division.
729 (3) Upon approval of an application for a permit, the
730 division shall issue to the applicant a permit for the place of
731 business or premises specified in the application. A permit is
732 not assignable and is valid only for the person in whose name
733 the permit is issued and for the place designated in the permit.
734 The permit shall be conspicuously displayed at all times at the
735 place for which issued.
736 Section 21. Section 569.33 Florida Statutes, is created to
737 read:
738 569.33 Consent to inspection and search without warrant.-
739 An applicant for a retail nicotine products dealer permit, by
740 accepting the permit when issued, agrees that the place or
741 premises covered by the permit is subject to inspection and
742 search without a search warrant by the division or its
743 authorized assistants, and by sheriffs, deputy sheriffs , or
744 police officers, to determine compl iance with this part.
745 Section 22. Section 569 .34, Florida Statutes, is created
746 to read:
747 569.34 Opera ti ng without a ret ai l nicot ine product s dea ler
748 pe rmit; penalty. -
749 (1) I t is unl a wful for a person, firm, as sociation, or
750 corporation to deal, at retail , in nicotine products, in any
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751 manner, or to allow a nicotine products vending machine to be
752 located on its premises, without having a retail nicotine
753 product dealer permit as required bys. 569.32. A person who
754 violates this section commits a noncriminal violation,
755 punishable by a fine of not more than $500.
756 (2) A retail tobacco products dealer, as defined ins.
757 569.002(4), is not required to have a separate or additional
758 retail nicotine products dealer permit to deal, at retail, in
759 nicotine products within the state, or allow a nicotine products
760 vending machine to be located on its premises in the state. Any
761 retail tobacco products dealer that deals, at retail, in
762 nicotine products or allows a tobacco products vending machine
763 to be located on its premises in the state, is subject to, and
764 must be in compliance with, this part.
765 (3) Any person who violates this section shall be cited
766 for such infraction and shall be cited to appear before the
767 county court. The citation may indicate the time, date, and
768 location of the scheduled hearing and must indicate that the
769 penalty for a noncriminal violation is a fine of not more than
770 $500.
771 (a) A person cited for an infraction under this section
772
773 1. Post a $500 bond; or
774 2. Sign and accept the citation indicating a promise to
775 app ear.
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776 (b) A person cited for violating this section may:
777 1. Pay the fine, either by mail or in person, within 10
778 days after receiving the citation; or
779 2. If the person has posted bond, forfeit the bond by not
780 appearing at the scheduled hearing.
781 (c) If the person pays the fine or forfeits bond, the
782 person is deemed to have admitted violating this section and to
783 have waived the right to a hearing on the issue of commission of
784 the violation. Such admission may not be used as evidence in any
785 other proceeding .
786 (d) The court, after a hearing, shall make a determination
787 as to whether an infraction has been committed. If the
788 commission of an infraction has been proven beyond a reasonable
789 doubt, the court may impose a civil penalty in an amount that
790 may not exceed $500.
791 (e) If a person is found by the court to have committed
792 the infraction, that person may appeal that finding to the
793 circuit court.
794 Section 23. Section 569.35, Florida Statutes, is created
795 to read:
796 569.35 Retail nicotine product dealers; administrative
797 penalties.-The division may suspend or revoke the permit of a
798 dealer, including the retail tobacco products dealer permit of a
799 retail tobacco products dealer as defined ins. 569.002(4), upon
800 sufficient cause appearing of the violation of any of the
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801 provisions of this part, by a dealer, or by a dealer's agent or
802 employee. The division may also assess and accept an
803 administrative fine of up to $1,000 against a dealer for each
804 violation. The division shall deposit all fines collected into
805 the General Revenue Fund as collected. An order imposing an
806 administrative fine becomes effective 15 days after the date of
807 the order. The division may suspend the imposition of a penalty
808 against a dealer, conditioned upon the dealer's compliance with
809 terms the division considers appropriate.
810 Section 24. Section 569.37, Florida Statutes, is created
811 to read:
812 569.37 Sale or delivery of nicotine products;
813 restrictions.-
814 ( 1) In order to prevent persons under 21 years of age from
815 purchasing or receiving nicotine products, the sale or delivery
816 of nicotine products is prohibited, except:
817 (a) When under the direct control or line of sight of the
818 dealer or the dealer's agent or employee; or
819 (b) Sales from a vending machine are prohibited under
820 paragraph (a) and are only permissible from a machine that is
821 equipped with an operational lockout device which is under the
822 control of the dealer or the dealer's agent or employee who
823 directly regulates the sale of items through the machine by
824 triggering the lockout device to allow the dispensing of one
825 tobacco product. The lockout device must include a mechanism to
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826 prevent the machine from functioning if the power source for the
827 lockout device fails or if the lockout device is disabled, and a
828 mechanism to ensure that only one tobacco product is dispensed
829 at a time.
830 (2) (a) A dealer that sells nicotine products may not sell,
831 permit to be sold, offer for sale, or display for sale such
832 products or devices by means of self-service merchandising.
833 (b) A dealer that sells nicotine products may not place
834 such products or devices in an open display unit unless the unit
835 is located in an area that is inaccessible to customers.
836 (3) The provisions of subsections (1) and (2) shall not
837 apply to an establishment that prohibits persons under 21 years
838 of age on the licensed premises.
839 (4) A dealer or a dealer's agent or employee must require
840 proof of age of a purchaser of a nicotine product before selling
841 the product to that person, unless the purchaser appears to be
842 30 years of age or older.
843 Section 25. Section 569.38, Florida Statutes, is created
844 to read:
845 569.38 Gift of sample nicotine products and nicotine
846 dispensing devices .-The gift of sample nicotine products to any
847 person under the age of 21 by an entity permitted under this
848 part, or by an employee of such entity, is prohibited and is
849 punishable as provided ins. 569.41.
850 Section 26. Section 569.381, Florida Statutes, is created
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851 to read:
852 569.381 Responsible retail nicotine products dealers;
853 qualifications; mitigation of disciplinary penalties; diligent
854 management and supervision; presumption.-
855 ( 1) It is the intent of the Legislature to prevent the
856 sale of nicotine products to persons under 21 years of age and
857 to encourage retail nicotine products dealers to comply with
858 responsible practices in accordance with this section.
859 (2) To qualify as a responsible retail nicotine products
860 dealer, the dealer must establish and implement procedures
861 designed to ensure that the dealer's employees comply with this
862 part. The dealer must provide a training program for the
863 dealer's employees which addresses the use and sale of nicotine
864 products and which includes at least the following topics:
865 (a) Laws covering the sale of nicotine products.
866 (b) Methods of recognizing and handling customers under 21
8 67 years of age.
868 (c) Procedures for proper examination of identification
869 cards in order to verify that customers are not under 21 years
870 of age.
871 (d) The use of the age audit identification function on
872 electronic point-of-sale equipment, where available.
873 (3) In determining penalties under s. 569.35, the division
874 may mitigate penalties imposed against a dealer because of an
875 employee's illegal sale of a nicotine product to a person under
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876 21 years of age if the following conditions are met:
877 (a) The dealer is qualified as a responsible dealer under
878 this section.
879 (b) The dealer provided the training program required
880 under subsection (2) to that employee before the illegal sale
881 occurred.
882 (c) The dealer had no knowledge of that employee's
883 violation at the time of the violation and did not direct,
884 approve, or participate in the violation.
885 (d) If the sale was made through a vending machine, the
886 machine was equipped with an operational lock-out device.
887 (4) The division shall develop and make available a model
888 nicotine products training program designed to ensure adherence
889 to this part by dealers and their employees which, if followed,
890 will qualify dealers as responsible dealers.
891 ( 5) Dealers shall exercise diligence in the management and
892 supervision of their premises and in the supervision and
893 training of their employees, agents, or servants. In proceedings
894 to impose penalties under s. 569.35, proof that emp lo yees,
895 a gents, or servants of the dealer, while in the scope of their
896 employment, committed at least three violations of s. 569.41
897 during a 180-day period shall be prima facie evidence of a lack
898 of due diligence by the dealer in the management and supervision
899 of his or her premises and in the supervision and training of
900 employees, agents, officers, or servants.
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901 (6) The division may consider qualification as a
902 responsible retail nicotine products dealer under this section
903 as evidence that the dealer properly exercised the diligence
904 required under this section.
905 Section 27. Section 569.39, Florida Statutes, is created
906 to read:
907 569.39 Rulemaking authority.-The division shall adopt
908 rules to administer and enforce this part.
909 Section 28. Section 569.41, Florida Statutes, is created
910 to read:
911 569.41 Selling, delivering , bartering, furnishing, or
912 giving nicotine products to persons under 21 years of age;
913 criminal penalties; defense.-
914 (1) It is unlawful to sell, deliver, barter, furnish, or
915 give, directly or indirectly , to any person who is under 21
916 years of age, any nicotine product.
917 (2) Any person who violates subsection (1) commits a
918 misdemeanor of the second degree, punishable as provided ins .
919 775.082 ors. 775.083. However, any person who violates
920 subsection (1) for a second or subsequent time within 1 year
921 after the first violation commits a misdemeanor of the first
922 degree, punishable as provided ins. 775.082 or. s. 775.083.
923 (3) A person charged with a violation of subsection (1)
924 has a complete defense if, at the time the nicotine product was
925 sold, delivered, bartered, furnished, or given:
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926 (a) The buyer or recipient falsely evidenced that she or
927 he was 21 years of age or older;
928 (b) The appearance of the buyer or recipient was such that
929 a prudent person would believe the buyer or recipient to be 21
930 years of age or older; and
931 (c) Such person carefully checked a driver license or an
932 identification card issued by the state or another state of the
933 United States, a passport, or a United States armed services
934 identification card presented by the buyer or recipient and
935 acted in good faith and in reliance upon the representation and
936 appearance of the buyer or recipient in the belief that the
937 buyer or recipient was 21 years of age or older.
938 Section 29. Section 569.42, Florida Statutes, is created
939 to read:
940 569.42 Possession, misrepresenting age or military service
941 to purchase, and purchase of nicotine products by persons under
942 21 years of age prohibited; penalties; jurisdiction; disposition
943 of fines.-
944 (1) It is unlawful for any person under 21 years of age to
945 knowingly possess any nicotine product. Any person under 21
946 years of age who violates this subsection commits a noncriminal
947 violation as provided ins. 775.08(3), punishable by:
948 (a) For a first violation, 16 hours of community service
949 or, instead of community service , a $25 fine. In addition, the
950 person must attend a school-approved anti-tobacco and anti-
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951 nicotine program, if locally available; or
952 (bl For a second or subsequent violation within 12 weeks
953 after the first violation, a $25 fine.
954
955 Any second or subsequent violation not within the 12-week period
956 after the first violation is punishable as provided for a first
957 violation.
958 (2) It is unlawful for any person under 21 years of age to
959 misrepresent his or her age or military service for the purpose
960 of inducing a dealer or an agent or employee of the dealer to
961 sell, give, barter, furnish, or deliver any nicotine product, or
962 to purchase, or attempt to purchase, any nicotine product from a
963 person or a vending machine. Any person under 21 years of age
964 who violates this subsection commits a noncriminal violation as
965 defined ins. 775.08(3), punishable by:
966 (a) For a first violation, 16 hours of community service
967 or, instead of community service, a $25 fine and, in addition,
968 the person must attend a school-approved anti-tobacco and anti-
969 nicotine program, if available; or
970 (b) For a second or subsequent violation within 12 weeks
971 after the first violation, a $25 fine.
972
973 Any second or subsequent violation not within the 12-week period
974 after the first violation is punishable as provided for a first
975 violation.
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976 (3) Any person under 21 years of age cited for committing
977 a noncriminal violation under this section must sign and accept
978 a civil citation indicating a promise to appear before the
979 county court or comply with the requirement for paying the fine
980 and must attend a school-approved anti-tobacco and anti-nicotine
981 program, if locally available. If a fine is assessed for a
982 violation of this section, the fine must be paid within 30 days
983 after the date of the citation or, if a court appearance is
984 mandatory, within 30 days after the date of the hearing.
985 (4) A person charged with a noncriminal violation under
986 this section must appear before the county court or comply with
987 the requirement for paying the fine. The court, after a hearing,
988 shall make a determination as to whether the noncriminal
989 violation was committed. If the court finds the violation was
990 committed, it shall impose an appropriate penalty as specified
991 in subsection (1) or subsection (2). A person who participates
992 in community service shall be considered an employee of the
993 state for the purpose of chapter 440, for the duration of such
994 service.
995 (5) (al If a person under 21 years of age is found by the
996 court to have committed a noncriminal violation under this
997 section and the person has failed to complete community service,
998 pay the fine as required by paragraph (1) (a) or paragraph
999 (2) (a), or attend a school-approved anti-tobacco and anti-
1000 nicotine program, if locally available, the court may direct the
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1001 Department of Highway Safety and Motor Vehicles to withhold
1002 issuance of or suspend the driver license or driving privilege
1003 of that person for a period of 30 consecutive days.
1004 (b) If a person under 21 years of age is found by the
1005 court to have committed a noncriminal violation under this
1006 section and that person has failed to pay the applicable fine as
1007 required by paragraph (1) (b) or paragraph (2) (b), the court may
1008 direct the Department of Highway Safety and Motor Vehicles to
1009 withhold issuance of or suspend the driver license or driving
1010 privilege of that person for a period of 45 consecutive days.
1011 (6) Eighty percent of all civil penalties received by a
1012 county court under this section shall be remitted by the clerk
1013 of the court to the Department of Revenue for transfer to the
1014 Department of Education to provide for teacher training and for
1015 research and evaluation to reduce and prevent the use of
1016 nicotine products by children. The remaining 20 percent of civil
1017 penalties received by a county court under this section shall
1018 remain with the clerk of the county court to cover
1019 administrative costs.
1020 Section 30. Section 569.43, Florida Statutes, is created
1021 to read:
1022 569.43 Posting of a sign stating that the sale of nicotine
1023 products or nicotine dispensing devices to persons under 21
1024 years of age is unlawful; enforcement; penalty.-
1025 (1) A dealer that sells nicotine products shall post a
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1026 clear and conspicuous sign in each place of business at which
1027 such products are sold which substantially states the following:
1028
1029 THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
1030 DEVICES TO PERSONS UNDER THE AGE OF 2 1 IS AGAINST
1031 FLORIDA LAW. PROOF OF AGE IS REQUI RED FOR PURCHASE.
1032
1033 (2) The division shall make availabl e to dealers of
1034 nicotine products signs that meet the requ irements of subsection
1035 QL
1036 (3) Any deal e r that s e lls nicotine produc ts shall provide
1037 at the checkout counter in a location clearly visible to the
1038 dealer or the deal e r's agent or employee instructional material
1039 in a calendar format or similar format t o assi s t in det e rmining
1040 wh ether a p erson i s of legal age to p urchase nicotine p roduct s .
1041 This point of sale material must contain substantially the
1042 fol l owing l ang ua ge :
1043
1044 IF YOU WERE NOT BORN BEFORE TH I S DATE
1045 ( ins ert da t e and applicable year)
1046 YOU CANNOT BUY TOBACCO PRODUCTS , NICOTINE PRODUCTS, OR NICOTINE
1047 DISPENSING DEVICES.
104 8
104 9 Upon a pprov a l by the d i v ision, i n l i e u of a ca lendar a dealer
1050 may use c ard reade rs , scanners, or other ele c t r onic or a utomated
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1051 systems that can verify whether a person is of legal age to
1052 purchase n i cotine products. Failure to comply with the
1053 provisions contained in this subsection shall result in
1054 imposition of administrative penalties as provided ins. 569.35.
1055 (4) The division, through its agents and inspectors, shall
1056 enforce this section.
1057 (5) Any person who fails to comply with subsection (1)
1058 commits a misdemeanor of the second degree, punishable as
1059 provided ins. 775.082 ors. 775.083.
1060 Section 31. Section 569.44, Florida Statutes, is created
1061 to read:
1062 569 . 44 Annual r eport . - The division shall report annually
1063 with written findings to the Leqislature and the Governor by
1064 December 31, on the progress of implementing the enforcement
1065 provisions of this part. This must include, but is not limited
1066 to:
1067 (1) The number and results of compliance visits .
1068 (2) The number of violations for failure of a retailer to
1069 hold a valid permit.
1070 (3) The number of violations for selling nicotine products
1071 to persons under age 21, and the results of administrative
1072 hearings on the above and related issues.
1073 (4) The number of persons under age 21 cited for
1074 violations of s. 569.42 and sanctions imposed as a result of
1075 citation.
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1076 Section 32. Section 569.45, Florida Statutes, is created
1077 to read:
1078 569.45 Mail order, Internet, and remote sales of nicotine
1079 products; age verification.-
1080 (1) For purposes of this section, the term:
1081 (a) "Consumer" means a person in the state who comes into
1082 possession of any nicotine product who, at the time of
1083 possession, is not intending to sell or distribute the nicotine
1084 product, or is not a retailer.
1085 (b) "Delivery sale" means any sale of nicotine products to
1086 a consumer in the state for which:
1087 1. The consumer submits the order for the sale by
1088 telephonic or other voice transmission, mail, delivery service,
1089 or the Internet or other online service; or
1090 2. The nicotine products are delivered by use of mail or a
1091 delivery service.
1092 ( c) "Deli very service" means any person engaged in the
1093 commercial delivery of letters, packages, or other containers.
1094 (d) "Legal minimum purchase age" means the minimum age at
1095 which an individual may legally purchase nicotine products in
1096 the state.
1097 (e) "Retailer" means any person who is required to obtain
1098 a retail nicotine products dealer permit or a retail tobacco
1099 products dealer permit, as defined ins. 569.002.
1100 (f) "Shipping container" means a container in which
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1101 nicotine products are shipped in connection with a delivery
1102 sale.
1103 (g) "Shipping document" means a bill of lading, airbill,
1104 United States Postal Service form, or any other document used to
1105 verify the undertaking by a delivery service to deliver letters,
1106 packages, or other containers.
1107 (2) (a) A sale of nicotine products constituting a delivery
1108 sale under paragraph (1) (c) is a delivery sale regardless of
1109 whether the person accepting the order for the delivery sale is
1110 located inside or outside the state.
1111 (b) A retailer must obtain a retail nicotine products
1112 dealer permit or a retail tobacco products dealer permit, as
1113 defined ins. 569.002, from the division under the requirements
1114 of this chapter before accepting an order for a delivery sale.
1115 (c) A person may not make a delivery sale of nicotine
1116 products to any individual who is not 21 years of age or older.
1117 (d) Each person accepting an order for a delivery sale
1118 must comply with each of the following:
1119 1. The age verification requirements set forth in
1120 subsection (3).
1121 2. The disclosure requirements set forth in subsection
1122 J.iL.
1123 3. The shipping requirements set forth in subsection (5).
1124 (3) A person may not mail, ship, or otherwise deliver
1125 nicotine products in connection with an order for a delivery
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1126 sale unlessI before the first delivery to the consumer, the
1127 person accepting the order for the delivery sale:
1128 (a) Obtains from the person submitting the order a
1129 certification that includes:
1130 1. Reliable confirmation that the person is 21 years of
1131 age or older; and
1132 2. A statement signed by the person in writing and under
1133 penalty of perjury which:
1134 a. Certifies the address and date of birth of the person;
1135 and
1136 b. Confirms that the person wants to receive delivery
1137 sales from a nicotine products company and understands that,
1138 under the laws of the state, the following actions are illegal:
1139 (I) Signing another person's name to the certification;
1140 (II) Selling nicotine products to individuals who are not
1141 21 years of age or older; and
1142 (III) Purchasing nicotine products, if the person making
1143 the purchase is not 21 years of age or older.
1144 (b) Makes a good faith effort to verify the information
1145 contained in the certification provided by the individual under
1146 paragraph (a) against a commercially available database that may
1147 be reasonably relied upon for accurate age information or
1148 obtains a photocopy or other image of a valid government-issued
1149 identification card stating the date of birth or age of the
1150 individual.
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1151 (cl Provides to the individual, via electronic mail or
1152 other means, a notice meeting the requirements of subsection
1153 l!L:.
1154 (d) If an order for nicotine products is made pursuant to
1155 an advertisement on the Internet, receives payment for the
1156 delivery sale from the consumer by a credit or debit card issued
1157 i n the name of the consumer, or by personal or company check of
1158 the consumer.
1159 (e) The person accepting the order for delivery sale shall
1160 submit, to each credit card acquiring company with which the
1161 person has credit card sales, identification information in an
1162 appropriate form and format so that the words "nicotine product"
1163 may be printed in the purchaser's credit card statement when a
1164 purchase of a nicotine product is made by credit card payment.
1165 (f) Makes a te lephone call aft er 5 p.m. to the purchaser
1166 confirming the order before shipping the nicotine products. The
1167 telephone call may be a person-to-person call or a recorded
1168 message. The person accepting the order fo r delivery sale is no t
1169 required to speak directly with a person and may leave a message
1170 on an answering machine or through voice mail.
1171
1172 In addition to the requirements of this subsection, a person
1173 accepting an order for a delivery sale may r equest that a
1174 consumer p r ovide an electroni c mail a ddress.
1175 (4) The notice described in paragraph (3) (c) mus t include
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1176 prominent and clearly legible statements that sales of nicotine
1177 products are:
1178 (a) Illegal if made to individuals who are not 21 years of
1179 age or older.
1180 (b) Restricted to those individuals who provide verifiable
1181 proof of age in accordance with subsection (3).
1182 (5) Each person who mails, ships, or otherwise delivers
1183 nicotine products in connection with an order for a delivery
1184 sale must:
1185 (a) Include as part of the shipping documents, in a clear
1186 and conspicuous manner, the following statement: "Nicotine
1187 Products: Florida law prohibits shipping to individuals under 21
1188 years of age."
1189 (b) Use a method of mailing, shipping, or delivery which
1190 obligates the delivery service to require:
1191 1. The individual submitting the order for the delivery
1192 sale or another person 21 years of age or older who resides at
1193 the individual's address to sign his or her name to accept
1194 delivery of the shipping container. Proof of the legal minimum
1195 purchase age of the individual accepting delivery is required
1196 only if the individual appears to be under 30 years of age.
1197 2. Proof that the individual is either the addressee or
1198 the individual who is 21 years of age or older designated by the
1199 addressee, in the form of a valid, government-issued
1200 identification card bearing a photograph of the individual who
Page 48 of 49
PCS for HS 987
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FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 987 2021
1201 signs to accept delivery of the shipping container.
1202
1203 If the person accepting a purchase order for a delivery sale
1204 delivers the nicotine products without using a delivery service,
1205 the person must comply with all of the requirements of this
1206 section which apply to a delivery service. Any failure to comply
1207 with a requ i rement of this section constitutes a violation
1208 thereof.
1209 (6) This section does not apply to delivery sales of
1210 nicotine products to a retail nicotine products dealer or a
1211 retail tobacco products dealer, as defined ins. 569.002.
1212 (7) An individual 21 years of age or older who knowingly
1213 violates any provision of this section commits a misdemeanor of
1214 the second degree , punishable as provided ins. 775.082 ors .
1215 775.083 .
1216 (8) The Attorney General, the Attorney General's designee,
1217 or a state attorney may bring an action in the appropriate court
1218 in the state to prevent or restrain v io lations of this section
1219 by any person.
1220 Section 33 . Section 877 .11 2 , Florida Statutes, is
1221 repealed.
1222 Section 34 . This act sha ll t ake effect October 1, 2021.
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REGULATORY REFORM SUBCOMMITTEE
PCS for HB 987
Tobacco and Nicotine Products
AMENDMENT SUMMARY
March 24, 2021
Amendment 1 by Rep. Giallombardo (line 611):
The amendment:
• Clarifies the provision in the bill that provides that the establishment of the minimum age
to purchase or possess tobacco products and nicotine products and the regulation of the
marketing, sale, and delivery of such products is preempted to the state.
• Removes the provision indicating that the preemption may not be construed to affect a
local government’s ability to require retail licensure for the sale of tobacco products or
nicotine products.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 987 (2021)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Regulatory Reform
2 Subcommittee
3 Representative Giallombardo offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 611-631 and insert:
7 Section 18. Section 569.24, Florida Statutes, is created
8 to read:
9 569.24 Preemption.—
10 (1) DEFINITION.—As used in this section, the term "Minimum
11 age" means the lawful age to purchase or knowingly possess
12 tobacco products or nicotine products as set by the state at 21
13 years of age.
14 (2) PREEMPTION.—The establishment of the minimum age for
15 purchasing or possessing tobacco products or nicotine products
16 and the regulation of the marketing, sale, or delivery of
PCS for HB 987 a1
Published On: 3/23/2021 6:21:49 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 987 (2021)
Amendment No. 1
17 tobacco products or nicotine products, is preempted to the
18 state.
19
20 -----------------------------------------------------
21 T I T L E A M E N D M E N T
22 Remove lines 42-46 and insert:
23 creating s. 569.24, F.S.; providing a definition; preempting the
24 establishment of the minimum age for purchasing or possessing
25 tobacco products or nicotine products and the regulation of the
26 marketing, sale, or delivery of such products to the state;
27 creating s. 569.31, F.S.;
PCS for HB 987 a1
Published On: 3/23/2021 6:21:49 PM
Page 2 of 2
PCS for HB 1431
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: PCS for HB 1431 Specialty Contracting Services
SPONSOR(S): Regulatory Reform Subcommittee
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm .: Regulatory Reform Subcommittee Brackett '-
SUMMARY ANALYSIS
Construction Contractors, including pool/spa contractors, are certified by or registered with the Construction
Industry Licensing Board (CILB) housed within the Department of Business and Professional Regulation.
Certified contractors can practice statewide and are licensed and regulated by the CILB. Registered
contractors are licensed and regulated by a local jurisdiction and may practice within that locality. Registered
contractors are required to register their license with the CILB.
Specialty contractors are contractors whose scope of work is limited to a particular phase of construction that is
a subset of a certified contractor's sc.ope of work, such as drywall or demolition. Specialty contractor licenses
are created by the CILB through rulemaking . Specialty contractors certified by the CILB are permitted to
practice in any jurisdiction in the state. The CILB has created eight types of pool/spa specialty contractors.
In order to perform contracting in the state, a person must be certified or registered (licensed) as a contractor,
be an employee of a licensed contractor, or fall under an exemption provided in current law.
The bill creates a new exemption to licensure requirements by allowing unlicensed persons to perform the
work of specialty contractors for the construction, remodeling, repair, or improvement of commercial or
residential swimming pools, interactive water features, hot tubs, and spas without obtaining a specialty
contractor license or local license.
The bill only allows the unlicensed person to perform the work if:
• the unlicensed person is under the supervision of a licensed commercial or residential pool/spa
contractor or swimming pool/spa servicing contractor;
• the work is within the scope of the supervising contractor's license;
• the supervising contractor is responsible for the work; and
• the work does not require licensure as a roofing, sheet metal, air-conditioning, mechanical, plumbing,
solar, underground utility and excavation contractor, or electrical contractor.
The bill does not require a direct contract between the commercial or residential pool/spa contractor or
swimming pool/spa servicing contractor and the unlicensed person performing the specialty contracting
services, or require the unlicensed person to be an employee of the supervising pool/spa contractor.
The bill does not have a fiscal 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: pcs1431 .RRS.DOCX
DATE: 3/22/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Current Situation
Contractors
Contractors are regulated by ch. 489, F.S., which outlines the law pertaining to contractors in the state
of Florida. Part I of ch. 489, F.S., covers construction contracting regulated by the Construction Industry
Licensing Board (GILB) and pt. II of ch. 489, F.S., covers electrical/alarm system contracting regulated
by the Electrical Contractors' Licensing Board. Both boards are housed in the Department of Business
and Professional Regulation (DBPR).
Construction contractors are either certified or registered by the Cl LB. The Cl LB consists of 18
members who are appointed by the Governor and confirmed by the Senate. The GILB meets to
approve or deny applications for licensure, review disciplinary cases, and conduct informal hearings
relating to discipline. 1
"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. 2
"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. Registered contractors must register their license with the
GILB after obtaining a local license. 3
In order to perform construction contracting in the state, a person must be certified or registered as a
contractor, be an employee 4 of a certified or registered contractor, or fall under an exemption provided
in current law. 5
Swimming Pool/Spa Contractors
"Commercial pool/spa contractors" are individuals who are certified or registered to construct, repair,
and service any public or private swimming pool, hot tub, or spa including: 6
• Installing, repairing, or replacing existing equipment;
• Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter
changes;
• Installing new pool/spa equipment, interior finishes, package pool heaters, and perimeter piping
and filter piping;
• Constructing equipment rooms or housing for pool/spa equipment; and
• The scope of work of a swimming pool/spa servicing contractor.
1
S. 489.107, F.S.
2
S. 489.105, F.S.
3
Ss. 489.105, and 489.117, F.S.
4
"Employee" means a person who receives compensation from and is under the supervision and control of an emplpyer who regularly
deducts the F.J.C.A. and withholding tax and provides workers' compensation, all as prescribed by law. S. 489.103(2)(b), F.S.
5 Ss. 489.103(2), and 489.113, F.S.
6
S. 489.105(3)0), F.S.
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DATE: 3/22/2021
"Residential pool/spa contractors" are individuals who are certified or registered to construct repair, and
service any residential swimming pool, hot tub, or spa. The scope of work is identical to the scope of
work for commercial pool/spa contractors ; however, residential pool/spa contractors may only work on
residential swimming pools, hot tubs, and spas.7
"Swimming pool/spa servicing contractors" are individuals who are certified or registered to repair and
service any public or private swimming pool, hot tub, or spa including :8
• Repairing or replacing existing equipment;
• Cleaning or equipment sanitizing that requires at least a partial disassembling, excluding filter
changes;
• Installing new pool/spa equipment and interior refinishing;
• Reinstalling or adding pool heaters;
• Repairing or replacing perimeter piping and filter piping;
• Repairing equipment rooms or housing for pool/spa equipment; and
• Substantially or completing draining a swimming pool, or hot tub or spa, for the purpose of
repair or renovation.
The scope of work for all three types of swimming pool/spa contractors does not include direct
connections to a sanitary sewer system or to potable water lines. 9
Water treatment or cleaning a pool or spa does not require a license unless the structural integrity of
the pool or spa is affected, or equipment attached to the pool or spa must be substantially or completely
disassembled or replaced in order to treat the water or clean the pool. Installing an aboveground pool
also does not require a license. 10
A contractor, including pool/spa contractors, must subcontract all electrical, mechanical, plumbing,
roofing, sheet metal, and air-conditioning work, to a contractor certified or registered in the respective
category, unless the pool/spa contractor also holds a state certificate or registration in the respective
category. 11
In order to obtain certification as one of the swimming pool/spa contractors, a person must:12
• Apply to DBPR in writing;
• Be 18 years of age;
• Be of good moral character;
• Pass the examination for the certification sought; and
• Have one of the following:
o A bachelor degree from a four year college in the appropriate field of engineering,
architecture, or building construction, and one year of proven experience;
o Four years of experience as a foreman or a skilled worker with at least one year as a
foreman;
o A combination of college and experience as a foreman or skilled worker that equals four
years with at least one of the years as a foreman; or
o One year of experience and 60 hours of instruction courses approved by the CILB;
however, this only applies to swimming pool/spa servicing contractors.
7
S. 489.105(3)(k), F.S.
8
S. 489.105(3)(1), F.S.
9
S. 489.105, F.S.
10 Ss. 489.103(6), and 489.105, F.S.; DBPR, Trust but Verify,
http://www.myfloridalicense.com/dbpr/reg/documents/trustbutverify OOO.pdf?x40199 (last visited Mar. I 9, 202 I).
11
S. 489. I 13(3), F.S.
12
Ss. 489.11 I, & 489. I 13, F.S.
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DATE: 3/22/2021
Swimming Pool/Spa Specialty Contractors
"Certified specialty contractors" are contractors whose scope of work is limited to a particular phase of
construction that is a subset of a certified contractor's scope of work, such as a drywall specialty
license or a demolition specialty license. Certified specialty contractor licenses are created by the CILB
through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in the
state. 13
The CILB has created eight types of pool/spa specialty contractor certifications. Pool/spa specialty
contractors, except residential swimming pool/spa servicing specialty contractors, must work under
contract with and under the supervision of a licensed swimming pool/spa contractor. However, they are
not required to be employees of a licensed pool/spa contractor.14
The CILB has created the following eight types of pool/spa specialty contractors:15
• Swimming Pool Layout Specialty Contractor-
o The scope of work is limited to the layout, shaping, steel installation, and rough piping of
pools, spas, and hot tub shells.
• Swimming Pool Structural Specialty Contractor-
o The scope of work is limited to the shaping and shooting of gunite, shotcrete, concrete,
or similar product mix used in the construction of swimming pools and spas, and the
installation of fiberglass shells and vinyl liners.
• Swimming Pool Excavation Specialty Contractors -
o The scope of work is limited to the excavation and earthmoving for the installation of
pools, spas, and hot tub shells;
• Swimming Pool Trim Specialty Contractor -
o The scope of work is limited to the installation of tile and coping for pools, spas, hot tub
shells, and decorative or interactive water displays;
• Swimming Pool Decking Specialty Contractor-
o The scope of work is limited to the construction and installation of concrete flatwork,
pavers and bricks, retaining walls, and footings associated with the construction of
pools, spas, and hot tub shells.
• Swimming Pool Piping Specialty Contractor-
o The scope of work is limited to the installation of piping or the installation of circulating,
filtering, disinfecting, controlling, or monitoring equipment and devices used in the
construction of pools, spas, hot tubs, and decorative or interactive water displays or
areas.
• Swimming Pool Finishes Specialty Contractor-
o The scope of work is limited to the coating or plastering of the interior surfaces of pools,
spas, or hot tub shells.
• Residential swimming pool/spa servicing specialty contractor-
o The scope of work is identical to the scope of work for swimming pool/spa servicing
contractors; however, they may only work on residential swimming pools, hot tubs, and
spas.
In order to obtain one of the certified specialty pool/spa contractor a person must: 16
• Submit a written application to the CILB;
• Be at least 18 years of age;
13
S. 489. l 05(3)(q), F.S.
14
Rule 61G4-15.032, F.A.C.; Rule 61G4-15 .040, F.A.C.
ts Id.
16
Rule 61G4-15.032, F.A.C.; Email from Colton Madill, Deputy Legislative Affairs Director, DBPR, RE: Pool Contractor
Information, (Jan. 31 , 2020).
STORAGE NAME: pcs1431 .RRS.DOCX PAGE: 4
DATE: 3/22/2021
• Be of good moral character;
• Pass a written examination for the specialty pool/spa contractor category sought; and
• Demonstrate four years of experience in the specialty pool/spa contractor category sought, or
one year of experience and 60 hours of instruction courses approved by the CILB; however,
the one year of experience only applies to residential swimming pool/spa servicing contractors.
Exemptions from Licensure
An unlicensed person may perform work that falls under the scope of contracting if they fall under an
exemption provided in current law. Currently, there are 23 exemptions provided in current law,
including:17
• a person performing contracting if it is casual , minor, or inconsequential in nature, and the
aggregate contract price for all labor and materials is less than $2,500, subject to certain
requirements. This is referred to as the handyman exemption;
• an owner building or improving one or two-family residences, farm outbuildings, or improving
commercial buildings at a cost that does not exceed $75,000, subject to certain requirements;
• an employee of an apartment community or apartment management company who makes
minor repairs to existing electric water heaters, electric heating, ventilating , and air-conditioning
systems subject to certain requirements ;
• a person who sells or installs any finished products, materials, or articles of merchandise that
are not fabricated into and do not become a permanent part of a structure such as awnings; and
• An employee of the United States, the state, or any municipality, county, irrigation district,
reclamation district, or political subdivision, except school boards, state university boards of
trustees, and community college boards of trustee, subject to certain requirements.
Another exemption allows an unlicensed person to perform contracting if the person is under the
supervision of licensed general, building, or residential contractor, and the work does not require
licensure as a roofing , sheet metal, air-conditioning, mechanical, pool/spa, plumbing, solar, or
underground utility and excavation contractor.
The work must be within the scope of the supervising contractor's license, and the supervising
contractor must also be responsible for the work. The unlicensed person must have a direct contract
with the contractor. However, this is an exemption from state licensure requirements and it does not
affect the ability of local governments to impose licensing requirements on unlicensed persons. 18
Effect of the Bill
The bill creates an additional exemption to contractor licensure. The bill provides that unlicensed
persons may perform the work of specialty contractors for the construction, remodeling, repair, or
improvement of commercial or residential swimming pools, interactive water features, 19 hot tubs, and
spas without obtaining a specialty contractor license or local license.
17
S. 489.103, F.S.
18
S. 489.113(2), F.S.; Florida Home Builders Association v. St. Johns County, 914 So. 2d I 035 (Fla. 5th DCA 2005).
19
The Florida Building Code defines "interactive water features" as structure designed to allow for recreational activities with
recirculated, filtered, and treated water; but having minimal standing water. Water from the interactive fountain type features is
collected by gravity below grade in a collector tank or sump. The water is filtered, disinfected and then pumped to the feature spray
discharge heads. The collector tank and water filtration features required make this structure a type of public swimming pool. Section
454 of the Seventh edition of the Florida Building Code (Building).
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DATE: 3/22/2021
The bill only allows the unlicensed person to perform the work if:
• the unlicensed person is under the supervision of a licensed commercial or residential pool/spa
contractor or swimming pool/spa servicing contractor;
• the work is within the scope of the supervising contractor's license;
• the supervising contractor is responsible for the work; and
• the work does not require licensure as a roofing, sheet metal, air-conditioning, mechanical,
plumbing, solar, underground utility and excavation contractor, or electrical contractor.
The bill does not require a direct contract between the commercial or residential pool/spa contractor or
swimming pool/spa servicing contractor and the unlicensed person performing the specialty contracting
services, or require the unlicensed person to be an employee of the supervising pool/spa contractor.
B. SECTION DIRECTORY:
Section 1. Amends s. 489.117, F.S., creating an exemption to licensure requirements.
Section 2. Provides an effective date of July 1, 2021.
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:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on the private sector by allowing persons, who are under the
supervision of licensed pool/spa contractors, to perform work on pools, spas, hot tubs, and interactive
water features without having to obtain a license. This may also result in certain projects being
completed in less time and at a lower cost to consumers.
D. FISCAL COMMENTS :
None.
Ill. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
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DATE : 3/22/2021
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:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
No.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: pcs1431 .RRS.D0CX PAGE: 7
DATE: 3/22/2021
FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1431 2021
1 A bill to be entitled
2 An act relating to swimming pool specialty contracting
3 services ; amending s. 489.117, F.S.; authorizing
4 certain persons under the supervision of specified
5 licensed contractors to perform certain specialty
6 contracting services for commercial or resident ia l
7 swimming pools, h ot tubs or spas, or interactive wate r
8 features; providing that such supervision does not
9 require a direct contract between those persons;
10 providing applicability; providing an effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraph (e) is added to subsection (4) of
15 section 489.117, Florida Statutes, to read:
16 489.117 Registration; specialty contractors. -
17 ( 4)
18 (e) A person who is not certified or registered may
19 perform the work of a spec i alt y contractor who se scope of
20 prac ti ce is limit ed to t he type of work specified under s.
21 489.105 (3) (j )- (1) for the construction, remodeling, repair, o r
22 improve ment of commercial and residential swimming pools,
23 including intera c tive wa ter fe atu res as defined in the Flo rida
24 Buildi ng Code , ho t tub s , and spas wi thout obtaining a local
25 license or certification as a specialty contractor, provided the
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FLORIDA H O U S E 0 F REPRESENTATIVES
PCS for HB 1431 2021
26 person is supervised by a contractor certified or registered
27 under s. 489.105(3) (j)-(1), the work is within the scope of the
28 supervising contractor's license, the supervising cont ractor is
29 responsible for the work, and the work does not require
30 certification or registration under s . 489 .105 (3) (d) - (i), (m) -
31 (o ) , ors. 48 9 .505 . Such supervision does not require a direct
32 contra ct between the contractor cert ified or registered under s .
33 489.105(3) (j)-(1) and the person performing the work, or for the
34 person performing the work to be an employee of the contractor
35 certified or registered under s. 489. 105 ( 3) ( j) - ( 1) . This
36 subsection does not limi t the exempt ions provided ins. 48 9 .103.
37 Section 2. This act shall take effect July 1, 2021 .
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