Department of Business and Professional Regulation
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HB 689 — Department of Business and Professional Regulation
Last action — Died in returning Messages
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Department of Business and Professional Regulation; Requiring that certain reports relating to the transportation or possession of cigarettes be filed with the Division of Alcoholic Beverages and Tobacco through the division's electronic data submission system; renaming the Florida State Boxing Commission as the Florida Athletic Commission; authorizing a condominium association to extinguish discriminatory restrictions, etc.
Bill Text
What changed in the latest version
1242 added · 1132 removed1242 line(s) added, 1132 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 A bill to be entitled An act relating to the Department of Business and Professional Regulation;
509.241, F.S.;
revising rulemaking requirements relating to public lodging and food service licenses;
amending s.
509.251, F.S.;
deleting provisions relating to fee schedule requirements;
specifying that all fees are payable in full upon submission of an application for a public lodging establishment license or a public food service license;
amending s.
revising a requirement related to the filing of fingerprints with thePage division;1 of 45 CODING:
Words stricken are deletions;
words underlined are additions.
hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2020 the division;
revising requirements for issuing special licenses to certain food service Pageestablishments; 1 of 41 CODING:
Words stricken are deletions;
words underlined are additions.
hb0689-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 689 2020 establishments;
conforming provisionsPage to2 changesof made45 byCODING: the act;
Words stricken are deletions;
words underlined are additions.
hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2020 provisions to changes made by the act;
Page210.09 2Records ofto 41be CODING:kept;
Words stricken are deletions;
words underlined are additions.
hb0689-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 689 2020 210.09 Records to be kept;
monthly returns.— (1)Page On3 or before the 10th of each45 month,CODING: every taxpayer with a place of business in this state shall file a full and complete report return with the division showing the tobacco products taxable price of each tobacco product brought or caused to be brought into this state for sale, or made, manufactured, or fabricated in this state for sale in this state, during the preceding month.
Every taxpayer outside this state shall file a Page 3 of 41 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 full(1) andOn completeor reportbefore the 10th of each month, every taxpayer with thea divisionplace throughof thebusiness division'sin electronicthis datastate submissionshall systemfile a full and complete report return with the division showing the quantitytobacco andproducts taxable price of each tobacco product shippedbrought or transportedcaused to retailersbe inbrought into this state,state tofor besale, soldor bymade, thosemanufactured, retailers,or fabricated in this state for sale in this state, during the preceding month.
Every taxpayer outside this state shall file a full and complete report with the division through the division's electronic data submission system return showing the quantity and taxable price of each tobacco product shipped or transported to retailers in this state, to be sold by those retailers, during the preceding month.
Subsection (1) of section 509.241, Florida Statutes, is amended to read:
509.241 Licenses required;
exceptions.— (1) LICENSES;
ANNUAL RENEWALS.—Each public lodging establishment and public food service establishment shall obtain a license from the division.
Such license may not be transferred from one place or individual to another.
It shall be a Page 4 of 45 CODING:
Words stricken are deletions;
words underlined are additions.
hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2020 misdemeanor of the second degree, punishable as provided in s.
775.082 or s.
775.083, for such an establishment to operate without a license.
Local law enforcement shall provide immediate assistance in pursuing an illegally operating establishment.
Show all 228 changed lines (188 more)
The division may refuse a license, or a renewal thereof, to any establishment that is not constructed and maintained in accordance with law and with the rules of the division.
The division may refuse to issue a license, or a renewal thereof, to any establishment an operator of which, within the preceding 5 years, has been adjudicated guilty of, or has forfeited a bond when charged with, any crime reflecting on professional character, including soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in controlled substances as defined in chapter 893, whether in this state or in any other jurisdiction within the United States, or has had a license denied, revoked, or suspended pursuant to s.
429.14.
Licenses shall be renewed annually, and the division shall adopt rules a rule establishing procedures a staggered schedule for license issuance and renewals.
If any license expires while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect.
Section 4.
Subsections (1) and (2) of section 509.251, Florida Statutes, are amended to read:
Page 5 of 45 CODING:
Words stricken are deletions;
words underlined are additions.
hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2020 509.251 License fees.— (1) The division shall adopt, by rule, a schedule of fees to be paid by each public lodging establishment as a prerequisite to issuance or renewal of a license.
Such fees shall be based on the number of rental units in the establishment.
The aggregate fee per establishment charged any public lodging establishment may not exceed $1,000;
however, the fees described in paragraphs (a) and (b) may not be included as part of the aggregate fee subject to this cap.
Vacation rental units or timeshare projects within separate buildings or at separate locations but managed by one licensed agent may be combined in a single license application, and the division shall charge a license fee as if all units in the application are in a single licensed establishment.
The fee schedule shall require an establishment which applies for an initial license to pay the full license fee if 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 application is made 6 months or less before such period.
The fee schedule shall include fees collected for the purpose of funding the Hospitality Education Program, pursuant to s.
509.302.
All fees, which are payable in full for each application at the time regardless of when the application is submitted.
(a) Upon making initial application or an application for change of ownership, the applicant shall pay to the division a Page 6 of 45 CODING:
Words stricken are deletions;
words underlined are additions.
hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2020 fee as prescribed by rule, not to exceed $50, in addition to any other fees required by law, which shall cover all costs associated with initiating regulation of the establishment.
(b) A license renewal filed with the division after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $50, in addition to the renewal fee and any other fees required by law.
(2) The division shall adopt, by rule, a schedule of fees to be paid by each public food service establishment as a prerequisite to issuance or renewal of a license.
The fee schedule shall prescribe a basic fee and additional fees based on seating capacity and services offered.
The aggregate fee per establishment charged any public food service establishment may not exceed $400;
however, the fees described in paragraphs (a) and (b) may not be included as part of the aggregate fee subject to this cap.
The fee schedule shall require an establishment which applies for an initial license to pay the full license fee if 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 application is made 6 months or less before such period.
The fee schedule shall include fees collected for the purpose of funding the Hospitality Education Program, pursuant to s.
509.302.
All fees, which are payable in full for each application at the time regardless of when the application is submitted.
Page 7 of 45 CODING:
Words stricken are deletions;
words underlined are additions.
hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 689 2020 (a) Upon making initial application or an application for change of ownership, the applicant shall pay to the division a fee as prescribed by rule, not to exceed $50, in addition to any other fees required by law, which shall cover all costs associated with initiating regulation of the establishment.
(b) A license renewal filed with the division after the expiration date shall be accompanied by a delinquent fee as prescribed by rule, not to exceed $50, in addition to the renewal fee and any other fees required by law.
Section 5.
Upon the expiration of the term of a commissioner, the Governor shall appoint a successor to Pageserve 4for ofa 414-year CODING:term.
A commissioner whose term has expired shall continue to serve on the commission until such time as a Page 8 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 servereplacement foris aappointed. 4-year term.
A commissioner whose term has expired shall continue to serve on the commission until such time as a replacement is appointed.
Page(f) 5Procedures offor 41hearings CODING:and resolution of disputes.
(g) Qualifications for appointment of referees and judges.
Page 9 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 (f)(h) ProceduresQualifications for hearingsand appointment of chief inspectors and resolutioninspectors and duties and responsibilities of disputes.chief inspectors and inspectors with respect to oversight and coordination of activities for each program of matches regulated under this chapter.
(g) Qualifications for appointment of referees and judges.
(h) Qualifications for and appointment of chief inspectors and inspectors and duties and responsibilities of chief inspectors and inspectors with respect to oversight and coordination of activities for each program of matches regulated under this chapter.
The commission may adopt by rule, or incorporate by reference into rule, the health and safety standards of USA Boxing as the minimum health and safety standards for an amateur boxing sanctioning organization, the health and safety standards of the International Sport Kickboxing Association as the minimum Page 610 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 boxing sanctioning organization, the health and safety standards of the International Sport Kickboxing Association as the minimum health and safety standards for an amateur kickboxing sanctioning organization, and the minimum health and safety standards for an amateur mixed martial arts sanctioning organization.
(5) Each commission member shall be accountable to the Governor for the proper performance of duties as a member of the Pagecommission. 7 of 41 CODING:
The Governor shall cause to be investigated any complaint or unfavorable report received by the Governor or the Page 11 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 commission.department concerning an action of the commission or any member and shall take appropriate action thereon.
The Governor shall cause to be investigated any complaint or unfavorable report received by the Governor or the department concerning an action of the commission or any member and shall take appropriate action thereon.
Section 4.6.
gloves.— (3) The commission shall establish by rule the need for gloves, if any, and the weight of any such gloves to be used in each pugilistic match the appropriate weight of gloves to be Pageused 8in ofeach 41boxing CODING:match;
however, all participants in boxing matches shall wear gloves weighing not less than 8 ounces each Page 12 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 usedand participants in eachmixed boxingmartial match;arts matches shall wear gloves weighing 4 to 8 ounces each.
however, all participants in boxing matches shall wear gloves weighing not less than 8 ounces each and participants in mixed martial arts matches shall wear gloves weighing 4 to 8 ounces each.
Section 5.7.
Section 6.8.
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 Pagethis 9part. of 41 CODING:
However, the applicant does not include any person that derives revenue from the license solely through a Page 13 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 thiscontractual part.relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages.
However, the applicant does not include any person that derives revenue from the license solely through a contractual relationship with the licensee, the substance of which contractual relationship is not related to the control of the sale of alcoholic beverages.
or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license is not required to obtain the division's approval of its officers, directors, or stockholders or any change of such Pagepositions 10or ofinterests. 41 CODING:
A shopping center with five or more stores, one or more of which has an alcoholic beverage license Page 14 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 positionsand is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, is not considered as having an interest, directly or interests.indirectly, in the license.
A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, is not considered as having an interest, directly or indirectly, in the license.
(5) Any person or entity licensed or permitted by the division must provide an electronic mail address to the division to function as the primary contact for all communication by the Pagedivision 11to ofthe 41licensee CODING:or permittees.
Licensees and permittees are responsible for maintaining accurate contact information on Page 15 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 divisionfile towith the licenseedivision. or permittees.
LicenseesSection and9. permittees are responsible for maintaining accurate contact information on file with the division.
Section 7.
561.01(21), in a municipality that on the effective date of this act has a population, according to the University of Florida's Bureau of Economic and Business Research Estimates of Population for 1998, of no fewer than 25,000 and no more than Page35,000 12residents ofand 41that CODING:is within a constitutionally chartered county may be issued a special license.
This special license Page 16 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 35,000shall residentsallow the sale and thatconsumption isof withinalcoholic abeverages constitutionallyonly charteredon countythe maylicensed bepremises issuedof athe specialhotel license.or motel.
This special license shall allow the sale and consumption of alcoholic beverages only on the licensed premises of the hotel or motel.
A food service establishment that has 2,500 square feet of service area, is equipped to serve meals to 150 persons at one time, and derives at least 51 percent of its gross food and Page 1317 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 of service area, is equipped to serve meals to 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 during the first 120-day 60-day operating period and the first each 12-month operating period thereafter.
Any caterer, deriving at least 51 percent of its gross food and beverage revenue from the sale of food and nonalcoholic beverages at each catered event, licensed by the Division of Page 1418 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 food and beverage revenue from the sale of food and nonalcoholic beverages at each catered event, licensed by the Division of Hotels and Restaurants under chapter 509.
Regardless of the county or counties in which the licensee operates, a licensee under this subparagraph Pageshall 15pay ofthe 41annual CODING:state license tax set forth in s.
565.02(1)(b).
A licensee under this subparagraph must maintain Page 19 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 shallfor paya period of 3 years all records and receipts for each catered event, including all contracts, customers' names, event locations, event dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales, and any other records required by the annualdepartment stateby licenserule taxto setdemonstrate forthcompliance inwith s.the requirements of this subparagraph.
565.02(1)(b).
A licensee under this subparagraph must maintain for a period of 3 years all records and receipts for each catered event, including all contracts, customers' names, event locations, event dates, food purchases and sales, alcoholic beverage purchases and sales, nonalcoholic beverage purchases and sales, and any other records required by the department by rule to demonstrate compliance with the requirements of this subparagraph.
The Division of Alcoholic Beverages and Tobacco is hereby authorized to adopt rules to administer the license created in this subparagraph, to include rules governing licensure, Pagerecordkeeping, 16and ofenforcement. 41 CODING:
The first $300,000 in fees collected by the division each fiscal year pursuant to this Page 20 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 recordkeeping,subparagraph shall be deposited in the Department of Children and enforcement.Families' Operations and Maintenance Trust Fund to be used only for alcohol and drug abuse education, treatment, and prevention programs.
The first $300,000 in fees collected by the division each fiscal year pursuant to this subparagraph shall be deposited in the Department of Children and Families' Operations and Maintenance Trust Fund to be used only for alcohol and drug abuse education, treatment, and prevention programs.
A culinary education program that provides catering services is not required to derive at least 51 percent of its gross revenue Page 1721 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 culinary education program that provides catering services is not required to derive at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages.
Paged. 18 of 41 CODING:
The Division of Alcoholic Beverages and Tobacco may adopt rules to administer the license created in this Page 22 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 d.subparagraph, to include rules governing licensure, recordkeeping, and enforcement.
The Division of Alcoholic Beverages and Tobacco may adopt rules to administer the license created in this subparagraph, to include rules governing licensure, recordkeeping, and enforcement.
Any special license now in existence heretofore issued under this law cannot be renewed except in the name of the owner of the hotel, motel, motor court, or restaurant or, in the event the hotel, motel, motor court, or restaurant is Page 1923 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 the owner of the hotel, motel, motor court, or restaurant or, in the event the hotel, motel, motor court, or restaurant is leased, in the name of the lessee of the hotel, motel, motor court, or restaurant in which the license is located and must remain in the name of the owner or lessee so long as the license is in existence.
Section 8.10.
procedure for Pageenforcement; 20 of 41 CODING:
exception.— (4) Before the division shall so declare and prohibit such Page 24 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 enforcement;sales to such vendor, it shall, within 2 days after receipt of such notice, the division shall give written notice to such vendor by electronic mail of the receipt by the division of such notification of delinquency and such vendor shall be directed to forthwith make payment thereof or, upon failure to do so, to show cause before the division why further sales to such vendor shall not be prohibited.
exception.— (4) Before the division shall so declare and prohibit such sales to such vendor, it shall, within 2 days after receipt of such notice, the division shall give written notice to such vendor by electronic mail of the receipt by the division of such notification of delinquency and such vendor shall be directed to forthwith make payment thereof or, upon failure to do so, to show cause before the division why further sales to such vendor shall not be prohibited.
In the event such prohibition of sales and declaration thereof to the vendor, manufacturers, and distributors is ordered by the division, the Pagevendor 21may seek review of 41such CODING:decision by the Department of Business and Professional Regulation within 5 days.
In the event Page 25 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 vendorapplication mayfor seeksuch review ofis suchfiled decisionwithin bysuch thetime, Departmentsuch prohibition of Businesssales andshall Professionalnot Regulationbe withinmade, 5published, days.or declared until final disposition of such review by the department.
InSection the11. event application for such review is filed within such time, such prohibition of sales shall not be made, published, or declared until final disposition of such review by the department.
Section 9.
Section 10.12.
Page(d) 22Unit ofowner 41meetings.— CODING:1.
An annual meeting of the unit owners must be held at Page 26 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 (d)the Unitlocation ownerprovided meetings.—in 1.the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property.
An annual meeting of the unit owners must be held at the location provided in the association bylaws and, if the bylaws are silent as to the location, the meeting must be held within 45 miles of the condominium property.
A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the Page 2327 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.
A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any assessment monetary obligation due to the Pageassociation, 24is ofnot 41eligible CODING:to be a candidate for board membership and may not be listed on the ballot.
For purposes of Page 28 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 association,this isparagraph, nota eligibleperson tois bedelinquent if a candidatepayment foris boardnot membershipmade andby maythe notdue bedate listedas onspecifically identified in the ballot.declaration of condominium, bylaws, or articles of incorporation.
For purposes of this paragraph, a person is delinquent if a payment is not made by the due date as specifically identified in the declaration of condominium, bylaws, or articles of incorporation.
Written notice must include an agenda, must be mailed, hand delivered, or electronically transmitted to each unit owner at least 14 days before the annual meeting, and must be posted in a conspicuous place on the condominium property at least 14 continuous days Pagebefore 25the ofannual 41meeting. CODING:
Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location Page 29 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 beforeon the annualcondominium meeting.property where all notices of unit owner meetings must be posted.
Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property where all notices of unit owner meetings must be posted.
Any rule adopted shall, in addition to other matters, include a requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which Page 2630 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 requirement that the association send an electronic notice in the same manner as a notice for a meeting of the members, which must include a hyperlink to the website where the notice is posted, to unit owners whose e-mail addresses are included in the association's official records.
Proxies may not be used in electing the board in general elections or Pageelections 27to offill 41vacancies CODING:caused by recall, resignation, or otherwise, unless otherwise provided in this chapter.
This Page 31 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 electionssubparagraph todoes fillnot vacanciesapply causedto byan recall,association resignation,governing ora otherwise,timeshare unlesscondominium. otherwise provided in this chapter.
This subparagraph does not apply to an association governing a timeshare condominium.
In order to reduce costs, the Pageassociation 28may print or duplicate the information sheets on both sides of 41the CODING:paper.
The division shall by rule establish Page 32 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 associationvoting mayprocedures printconsistent orwith duplicatethis thesub-subparagraph, informationincluding sheetsrules onestablishing bothprocedures sidesfor ofgiving notice by electronic transmission and rules providing for the paper.secrecy of ballots.
The division shall by rule establish voting procedures consistent with this sub-subparagraph, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots.
that he or she will work to uphold such documents and policies to the best Pageof 29his ofor 41her CODING:ability;
and that he or she will faithfully discharge his or her fiduciary responsibility to the Page 33 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 ofassociation's hismembers. or her ability;
and that he or she will faithfully discharge his or her fiduciary responsibility to the association's members.
Page5. 30 of 41 CODING:
Any approval by unit owners called for by this chapter or the applicable declaration or bylaws, including, but not Page 34 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 5.limited to, the approval requirement in s.
Any approval by unit owners called for by this chapter or the applicable declaration or bylaws, including, but not limited to, the approval requirement in s.
Page8. 31 of 41 CODING:
A unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the Page 35 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 8.division.
A unit owner may tape record or videotape a meeting of the unit owners subject to reasonable rules adopted by the division.
and sub-subparagraph 4.a., an association of 10 or fewer units may, by affirmative vote of a majority of the total voting interests, provide for different Page 3236 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 association of 10 or fewer units may, by affirmative vote of a majority of the total voting interests, provide for different voting and election procedures in its bylaws, which may be by a proxy specifically delineating the different voting and election procedures.
Page2.a. 33 of 41 CODING:
In addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and Page 37 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 2.a.deferred maintenance.
In addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance.
718.104(4)(e) or an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer Page 3438 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit is recorded, whichever occurs first, after which time reserves may be waived or reduced only upon the vote of a majority of all nondeveloper voting interests voting in person or by limited proxy at a duly called meeting of the association.
The only voting interests that are eligible to vote on questions that involve waiving or reducing the funding of reserves, or using existing reserve funds for purposes other than purposes for which the reserves were intended, are the Page 3539 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 reserves, or using existing reserve funds for purposes other than purposes for which the reserves were intended, are the voting interests of the units subject to assessment to fund the reserves in question.
Section 11.13.
In performing its duties, the division has complete jurisdiction to investigate complaints and enforce compliance with respect to associations that are still under developer control or the control of a bulk assignee or bulk buyer pursuant to part VII of this chapter and complaints against developers, bulk assignees, Pageor 36bulk ofbuyers 41involving CODING:improper turnover or failure to turnover, pursuant to s.
718.301.
However, after turnover has Page 40 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 oroccurred, bulkthe buyersdivision involvinghas improperjurisdiction turnoverto orinvestigate failurecomplaints related only to turnover,financial issues, elections, and unit owner access to association records pursuant to s.
718.301.
However, after turnover has occurred, the division has jurisdiction to investigate complaints related only to financial issues, elections, and unit owner access to association records pursuant to s.
When reporting its action to the complainant, the division shall inform the complainant of any Pageright 37to ofa 41hearing CODING:pursuant to ss.
120.569 and 120.57.
The division may adopt rules regarding the submission of a complaint Page 41 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 rightagainst toan aassociation. hearing pursuant to ss.
120.569Section and14. 120.57.
The division may adopt rules regarding the submission of a complaint against an association.
Section 12.
Section 13.15.
however, when the department has determined, based on the long-range estimates of such revenue, that a profession's trust fund moneys are in excess of the amount required to cover the necessary functions of the board, or the department when there is no board, the department may adopt rules to implement a waiver of license Page 3842 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 of the board, or the department when there is no board, the department may adopt rules to implement a waiver of license renewal fees for that profession for a period not to exceed 2 years, as determined by the department.
PageSection 3916. of 41 CODING:
Subsection (4) of section 548.002, Florida Statutes, is amended to read:
Page 43 of 45 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 Section548.002 14.Definitions.—As used in this chapter, the term:
Subsection (4) of section 548.002, Florida Statutes, is amended to read:
548.002 Definitions.—As used in this chapter, the term:
Section 15.17.
"This agreement is subject to the provisions of chapter 548, Florida Statutes, and to the rules of the Florida Athletic State Boxing Commission and to any future amendments of either." Section 16.18.
548.071 Suspension or revocation of license or permit by commission.—The commission may suspend or revoke a license or Page 4044 of 4145 CODING:
hb0689-02-c2hb0689-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 689 2020 548.071 Suspension or revocation of license or permit by commission.—The commission may suspend or revoke a license or permit if the commission finds that the licensee or permittee:
Section 17.19.
Section 18.20.
Page 4145 of 4145 CODING:
hb0689-02-c2hb0689-01-c1
Show all 228 changed rows (188 more)
Action History
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Died in returning Messages
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Indefinitely postponed and withdrawn from consideration
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In returning messages
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CS passed as amended; YEAS 39 NAYS 0
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Read 3rd time
-
Placed on 3rd reading
-
Amendment(s) adopted (559554)
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Read 2nd time
-
Substituted for SB 912
-
Placed on Calendar, on 2nd reading
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Withdrawn from Innovation, Industry, and Technology; Community Affairs; Appropriations
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Received
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Referred to Innovation, Industry, and Technology; Community Affairs; Appropriations
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In Messages
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CS passed as amended; YEAS 117 NAYS 1
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Amendment(s) adopted (132627, 288565) -HJ 985, 986
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Read 3rd time
-
Placed on 3rd reading
-
Amendment(s) adopted (983661) -HJ 916, 934
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Read 2nd time
-
Placed on Special Order Calendar, 03/06/20
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Temporarily postponed, on 2nd Reading
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Placed on Special Order Calendar, 03/03/20
-
Placed on Calendar
-
CS/CS/CS by Commerce Committee read 1st time
-
Pending review of CS -under Rule 7.18(c)
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CS/CS/CS by- Commerce Committee; YEAS 19 NAYS 0
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On Committee agenda-- Commerce Committee, 02/20/20, 9:00 am, Webster Hall
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Now in Commerce Committee
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CS/CS by Government Operations and Technology Appropriations Subcommittee read 1st time
-
Pending review of CS under Rule 7.18(c)
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CS/CS by Government Operations and Technology Appropriations Subcommittee; YEAS 12 NAYS 0
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On Committee agenda-- Government Operations and Technology Appropriations Subcommittee, 01/28/20, 12:00 pm, Morris Hall
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CS by Business and Professions Subcommittee read 1st time
-
Now in Government Operations and Technology Appropriations Subcommittee
-
Pending review of CS under Rule 7.18(c)
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CS by Business and Professions Subcommittee; YEAS 13 NAYS 0
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Introduced
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On Committee agenda-- Business and Professions Subcommittee, 01/15/20, 1:00 pm, Webster Hall
-
Referred to Business and Professions Subcommittee; Government Operations and Technology Appropriations Subcommittee; Commerce Committee
-
Filed
Sponsors
- Business and Professions Subcommittee · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Business and Professions Subcommittee
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| No Party Affiliation | 0 | 0 | 0 | 1 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Montford | — | Yea |
| Torres | — | Yea |
| Broxson | — | Yea |
| Cruz | — | Yea |
| Perry | — | Yea |
| Galvano | — | Yea |
| Diaz | — | Yea |
| Farmer | — | Yea |
| Powell | — | Yea |
| Flores | — | Yea |
| Rader | — | Yea |
| Baxley | — | Yea |
| Gainer | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Benacquisto | — | Yea |
| Simmons | — | Yea |
| Simpson | — | Yea |
| Book | — | Yea |
| Stargel | — | Yea |
| Bracy | — | Yea |
| Hutson | — | Yea |
| Stewart | — | Yea |
| Lee | — | Yea |
| Taddeo | — | Yea |
| Brandes | — | Yea |
| Thurston | — | Yea |
| Braynon | — | Yea |
| Berman, Lori | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Not Voting |
| Albritton, Ben | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 78 | 1 | 0 | 2 |
| Republican | 27 | 0 | 0 | 0 |
| Democrat | 12 | 0 | 0 | 0 |
| Total | 117 | 1 | 0 | 2 |
| % of votes cast | 98% | 1% | 0% | 2% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Goff-Marcil | — | Yea |
| Aloupis | — | Yea |
| Good | — | Nay |
| Polo | — | Yea |
| Altman | — | Yea |
| Ponder | — | Yea |
| Hart | — | Yea |
| Rodrigues, R. | — | Yea |
| Brown | — | Yea |
| Hattersley | — | Yea |
| Grant, J. | — | Yea |
| Pritchett | — | Yea |
| Ausley | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Renner | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Roach | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Robinson | — | Yea |
| Clemons | — | Yea |
| Silvers | — | Yea |
| Cortes | — | Yea |
| Cummings | — | Yea |
| Killebrew | — | Yea |
| Slosberg | — | Yea |
| Latvala | — | Yea |
| Sprowls | — | Yea |
| Diamond | — | Yea |
| Magar | — | Yea |
| Stevenson | — | Yea |
| Donalds | — | Yea |
| Stone | — | Yea |
| Drake | — | Yea |
| Mariano | — | Yea |
| Sullivan | — | Yea |
| DuBose | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Duran | — | Yea |
| McGhee | — | Yea |
| Eagle | — | Yea |
| Mercado | — | Yea |
| Valdes | — | Yea |
| Newton | — | Yea |
| Watson, B. | — | Yea |
| Fernandez | — | Yea |
| Oliva | — | Yea |
| Watson, C. | — | Yea |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Yea |
| Webb | — | Yea |
| Fetterhoff | — | Yea |
| Willhite | — | Yea |
| Fine | — | Yea |
| Hill | — | Yea |
| Rommel | — | Yea |
| Bush | — | Yea |
| Ingoglia | — | Yea |
| Roth | — | Yea |
| Byrd | — | Yea |
| Sabatini | — | Yea |
| Caruso | — | Yea |
| Santiago | — | Yea |
| Casello | — | Yea |
| Jenne | — | Yea |
| Payne | — | Yea |
| Williams | — | Yea |
| Fischer | — | Yea |
| Williamson | — | Yea |
| Fitzenhagen | — | Yea |
| Pigman | — | Yea |
| Geller | — | Yea |
| Zika | — | Yea |
| Jacobs | — | Not Voting |
| Jacquet | — | Not Voting |
| La Rosa | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Johnson, Chad | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 1 |
| Unaffiliated | 15 | 0 | 0 | 3 |
| Total | 19 | 0 | 0 | 4 |
| % of votes cast | 83% | 0% | 0% | 17% |
How each member voted (23)
| Member | Party | Vote |
|---|---|---|
| Ausley | — | Yea |
| Casello | — | Yea |
| Donalds | — | Yea |
| Eagle | — | Yea |
| Fernández | — | Yea |
| Fischer | — | Yea |
| Fitzenhagen | — | Yea |
| Hage | — | Yea |
| Jacquet | — | Yea |
| Jenne | — | Not Voting |
| Robinson | — | Yea |
| Rodrigues, R. | — | Not Voting |
| Sabatini | — | Yea |
| Santiago | — | Yea |
| Stone | — | Not Voting |
| Willhite | — | Yea |
| Williamson | — | Yea |
| La Rosa | — | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Plasencia, Susan | Republican | Not Voting |
| Stark, Paula A. | Republican | Yea |
Favorable With Committee Substitute (Government Operations & Technology Appropriations Subcommittee)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Brown | — | Yea |
| Cortes, J. | — | Yea |
| Sabatini | — | Yea |
| Toledo | — | Yea |
| Williamson | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 2 |
| Democrat | 1 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 2 |
| % of votes cast | 87% | 0% | 0% | 13% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Bell | — | Yea |
| Casello | — | Yea |
| Fernandez-Barquin | — | Yea |
| Fine | — | Yea |
| Fischer | — | Not Voting |
| Fitzenhagen | — | Yea |
| Hage | — | Yea |
| Mariano | — | Yea |
| Newton | — | Yea |
| Willhite | — | Not Voting |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Smith, David | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 689 do?
- Department of Business and Professional Regulation; Requiring that certain reports relating to the transportation or possession of cigarettes be filed with the Division of Alcoholic Beverages and Tobacco through the division's electronic data submission system; renaming the Florida State Boxing Commission as the Florida Athletic Commission; authorizing a condominium association to extinguish discriminatory restrictions, etc.
- Who sponsors HB 689?
- HB 689 is sponsored by Business and Professions Subcommittee.
- What is the current status of HB 689?
- This bill died with 2020 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 689?
- Track HB 689 free on One Click Politics — get push/email alerts when it moves.
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