HB 419 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0419-00
Page 1 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to home repairs and solicitation 2
sales; creating s. 501.0195, F.S.; defining the term 3
"unlicensed vendor"; requiring an unlicensed vendor to 4
take certain actions within a specified timeframe 5
after receiving initial payment for work to be 6
performed; providing conditions under which an 7
unlicensed vendor does not have just cause; providing 8
criminal penalties and guidelines for prosecuting 9
violations; amending s. 501.022, F.S.; revising an 10
exemption from permitting requirements for certain 11
solicitors, salespersons, and agents; providing an 12
effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Section 501.0195 , Florida Statutes, is created 17
to read: 18
501.0195 Home repairs by unlicensed vendors. — 19
(1) For the purposes of this section, the term "unlicensed 20
vendor" means a person who: 21
(a) Is not certified or registered under chapter 489. 22
(b) Provides or promi ses to provide services related to a 23
residential home and the extended parcel of land on which the 24
home is located, including, but not limited to, driveways, 25
HB 419 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0419-00
Page 2 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
lawns, trees, gardens, landscaping areas, walls, fences, or 26
other vegetation or fixtures located t hereon. 27
(2) Unless there is just cause, an unlicensed vendor who 28
receives an initial payment for work to be performed must do all 29
of the following: 30
(a) If the work requires a permit, apply for such permits 31
within: 32
1. Fourteen days after receiving an initial payment for 33
the work; or 34
2. The timeframe agreed upon in a written contract between 35
the vendor and customer. 36
(b) Start the work within: 37
1. Fourteen days after receiving an initial payment for 38
the work; 39
2. Fourteen days after the date all ne cessary permits for 40
the work are issued; or 41
3. The timeframe agreed upon in a written contract between 42
the vendor and homeowner. 43
(c) Perform and continue the work without failure: 44
1. For any 14-day period after receiving an initial 45
payment for the work; 46
2. Within 14 days after the date all necessary permits for 47
the work are issued; or 48
3. Within the timeframe agreed upon in a written contract 49
between the vendor and homeowner. 50
HB 419 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0419-00
Page 3 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) There is a presumption that an unlicensed vendor does 51
not have just cause if the unlicensed vendor: 52
(a) Fails to refund all money paid by the homeowner in 53
excess of the value of any work performed; and 54
(b) Fails to do any of the following: 55
1. Apply for any required permits pursuant to paragraph 56
(2)(a); 57
2. Start the work pursuant to paragraph (2)(b); 58
3. Perform and continue the work without failure pursuant 59
to paragraph (2)(c); or 60
4. Terminate the written contract without proper 61
notification. To provide proper notification, the vendor must 62
send a letter by cer tified mail, return receipt requested, to 63
the homeowner, explaining the reason for termination of the 64
written contract or failure to perform the work pursuant to 65
subsection (2). If there is not a written contract between the 66
vendor and homeowner, the lette r may be mailed to the address 67
where the work was to be performed or the address listed on a 68
permit for the work, if applicable. 69
(4) A violation of this section is: 70
(a) A misdemeanor of the first degree, punishable as 71
provided in s. 775.082 or s. 775.0 83 if the total money received 72
is less than $500. 73
(b) A felony of the third degree, punishable as provided 74
in s. 775.082, s. 775.083, or s. 775.084 if the total money 75
HB 419 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0419-00
Page 4 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
received is less than $500 and the unlicensed vendor has had 76
more than one violation wi thin a 3-year period. 77
(c) A felony of the third degree, punishable as provided 78
in s. 775.082, s. 775.083, or s. 775.084 if the total money 79
received is greater than or equal to $500 but less than $5,000. 80
(d) A felony of the second degree, punishable as provided 81
in s. 775.082, s. 775.083, or s. 775.084 if the total money 82
received is $5,000 or more but less than $50,000. 83
(e) A felony of the first degree, punishable as provided 84
in s. 775.082, s. 775.083, or s. 775.084 if the total money 85
received is $50,000 or more. 86
(5)(a) A violation of this section must be prosecuted in 87
accordance with the thresholds under subsection (4). 88
(b) The required intent to prove a criminal violation may 89
be shown to exist at the time that the unlicensed vendor 90
appropriated the money for his or her own use and is not 91
required to be proven to exist at the time the unlicensed vendor 92
took the money from the homeowner or at the time the homeowner 93
gave the money to the unlicensed vendor. 94
(c) It may be inferred that an unlicensed ve ndor intended 95
to deprive the homeowner of the right to or benefit of the money 96
owed and that the unlicensed vendor appropriated the money for 97
his or her own use or to a person not entitled to the use of the 98
money, if the unlicensed vendor fails to refund a ny portion of 99
the money paid by the homeowner in excess of the value of any 100
HB 419 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0419-00
Page 5 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
work performed and fails to comply with subsection (2). The fact 101
that the unlicensed vendor intended to refund the money owed is 102
not a defense. 103
Section 2. Paragraph (b) of subs ection (1) of section 104
501.022, Florida Statutes, is amended to read: 105
501.022 Home solicitation sale; permit required. — 106
(1) 107
(b) The following are excluded from the operation of this 108
section: 109
1. Bona fide agents, business representatives, or 110
salespersons making calls or soliciting orders at the usual 111
place of business of a customer regarding products or services 112
for use in connection with the customer's business. 113
2. Solicitors, salespersons, or agents making a call or 114
business visit upon the express invitation, oral or written, of 115
an inhabitant of the premises or her or his agent. 116
3. Telephone solicitors, salespersons, or agents making 117
calls which involve transactions that are unsolicited by the 118
consumer and consummated by telephone and without any other 119
contact between the buyer and the seller or its representative 120
before prior to delivery of the goods or performance of the 121
services. 122
4. Solicitors, salespersons, or agents conducting a sale, 123
lease, or rental of consumer goods or services by sample, 124
catalog, or brochure for future delivery. For purposes of this 125
HB 419 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0419-00
Page 6 of 6
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subparagraph, a business card is not a sample, catalog, or 126
brochure. 127
5. Minors, as defined in s. 1.01(13), conducting home 128
solicitation sales under the supervision of an adult supervisor 129
who holds a valid home solicitation sale permit. Minors excluded 130
from operation of this section must, however, carry personal 131
identification which includes their full name, date of birth, 132
residence address, and employer and the name and permit number 133
of their adult supervisor. 134
6. Those sellers or their representatives that are 135
currently regulated as to the sale of goods and services by 136
chapter 475 or chapter 497. 137
7. Solicitors, salespersons, or agents making calls or 138
soliciting orders on behalf of a religious, charitable, 139
scientific, educational, or veterans' institution or 140
organization holding a sales tax exemption certificate under s. 141
212.08(7). 142
Section 3. This act shall take effect July 1, 2023. 143