Florida 2023 Regular Session

Florida House Bill H0419 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 419 2023
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0419-00
9	9	Page 1 of 6
10	10	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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to home repairs and solicitation 2
16	16	sales; creating s. 501.0195, F.S.; defining the term 3
17	17	"unlicensed vendor"; requiring an unlicensed vendor to 4
18	18	take certain actions within a specified timeframe 5
19	19	after receiving initial payment for work to be 6
20	20	performed; providing conditions under which an 7
21	21	unlicensed vendor does not have just cause; providing 8
22	22	criminal penalties and guidelines for prosecuting 9
23	23	violations; amending s. 501.022, F.S.; revising an 10
24	24	exemption from permitting requirements for certain 11
25	25	solicitors, salespersons, and agents; providing an 12
26	26	effective date. 13
27	27	14
28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Section 501.0195 , Florida Statutes, is created 17
31	31	to read: 18
32	32	501.0195 Home repairs by unlicensed vendors. — 19
33	33	(1) For the purposes of this section, the term "unlicensed 20
34	34	vendor" means a person who: 21
35	35	(a) Is not certified or registered under chapter 489. 22
36	36	(b) Provides or promi ses to provide services related to a 23
37	37	residential home and the extended parcel of land on which the 24
38	38	home is located, including, but not limited to, driveways, 25
39	39
40	40	HB 419 2023
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0419-00
46	46	Page 2 of 6
47	47	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
48	48
49	49
50	50
51	51	lawns, trees, gardens, landscaping areas, walls, fences, or 26
52	52	other vegetation or fixtures located t hereon. 27
53	53	(2) Unless there is just cause, an unlicensed vendor who 28
54	54	receives an initial payment for work to be performed must do all 29
55	55	of the following: 30
56	56	(a) If the work requires a permit, apply for such permits 31
57	57	within: 32
58	58	1. Fourteen days after receiving an initial payment for 33
59	59	the work; or 34
60	60	2. The timeframe agreed upon in a written contract between 35
61	61	the vendor and customer. 36
62	62	(b) Start the work within: 37
63	63	1. Fourteen days after receiving an initial payment for 38
64	64	the work; 39
65	65	2. Fourteen days after the date all ne cessary permits for 40
66	66	the work are issued; or 41
67	67	3. The timeframe agreed upon in a written contract between 42
68	68	the vendor and homeowner. 43
69	69	(c) Perform and continue the work without failure: 44
70	70	1. For any 14-day period after receiving an initial 45
71	71	payment for the work; 46
72	72	2. Within 14 days after the date all necessary permits for 47
73	73	the work are issued; or 48
74	74	3. Within the timeframe agreed upon in a written contract 49
75	75	between the vendor and homeowner. 50
76	76
77	77	HB 419 2023
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0419-00
83	83	Page 3 of 6
84	84	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
85	85
86	86
87	87
88	88	(3) There is a presumption that an unlicensed vendor does 51
89	89	not have just cause if the unlicensed vendor: 52
90	90	(a) Fails to refund all money paid by the homeowner in 53
91	91	excess of the value of any work performed; and 54
92	92	(b) Fails to do any of the following: 55
93	93	1. Apply for any required permits pursuant to paragraph 56
94	94	(2)(a); 57
95	95	2. Start the work pursuant to paragraph (2)(b); 58
96	96	3. Perform and continue the work without failure pursuant 59
97	97	to paragraph (2)(c); or 60
98	98	4. Terminate the written contract without proper 61
99	99	notification. To provide proper notification, the vendor must 62
100	100	send a letter by cer tified mail, return receipt requested, to 63
101	101	the homeowner, explaining the reason for termination of the 64
102	102	written contract or failure to perform the work pursuant to 65
103	103	subsection (2). If there is not a written contract between the 66
104	104	vendor and homeowner, the lette r may be mailed to the address 67
105	105	where the work was to be performed or the address listed on a 68
106	106	permit for the work, if applicable. 69
107	107	(4) A violation of this section is: 70
108	108	(a) A misdemeanor of the first degree, punishable as 71
109	109	provided in s. 775.082 or s. 775.0 83 if the total money received 72
110	110	is less than $500. 73
111	111	(b) A felony of the third degree, punishable as provided 74
112	112	in s. 775.082, s. 775.083, or s. 775.084 if the total money 75
113	113
114	114	HB 419 2023
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0419-00
120	120	Page 4 of 6
121	121	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
122	122
123	123
124	124
125	125	received is less than $500 and the unlicensed vendor has had 76
126	126	more than one violation wi thin a 3-year period. 77
127	127	(c) A felony of the third degree, punishable as provided 78
128	128	in s. 775.082, s. 775.083, or s. 775.084 if the total money 79
129	129	received is greater than or equal to $500 but less than $5,000. 80
130	130	(d) A felony of the second degree, punishable as provided 81
131	131	in s. 775.082, s. 775.083, or s. 775.084 if the total money 82
132	132	received is $5,000 or more but less than $50,000. 83
133	133	(e) A felony of the first degree, punishable as provided 84
134	134	in s. 775.082, s. 775.083, or s. 775.084 if the total money 85
135	135	received is $50,000 or more. 86
136	136	(5)(a) A violation of this section must be prosecuted in 87
137	137	accordance with the thresholds under subsection (4). 88
138	138	(b) The required intent to prove a criminal violation may 89
139	139	be shown to exist at the time that the unlicensed vendor 90
140	140	appropriated the money for his or her own use and is not 91
141	141	required to be proven to exist at the time the unlicensed vendor 92
142	142	took the money from the homeowner or at the time the homeowner 93
143	143	gave the money to the unlicensed vendor. 94
144	144	(c) It may be inferred that an unlicensed ve ndor intended 95
145	145	to deprive the homeowner of the right to or benefit of the money 96
146	146	owed and that the unlicensed vendor appropriated the money for 97
147	147	his or her own use or to a person not entitled to the use of the 98
148	148	money, if the unlicensed vendor fails to refund a ny portion of 99
149	149	the money paid by the homeowner in excess of the value of any 100
150	150
151	151	HB 419 2023
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0419-00
157	157	Page 5 of 6
158	158	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
159	159
160	160
161	161
162	162	work performed and fails to comply with subsection (2). The fact 101
163	163	that the unlicensed vendor intended to refund the money owed is 102
164	164	not a defense. 103
165	165	Section 2. Paragraph (b) of subs ection (1) of section 104
166	166	501.022, Florida Statutes, is amended to read: 105
167	167	501.022 Home solicitation sale; permit required. — 106
168	168	(1) 107
169	169	(b) The following are excluded from the operation of this 108
170	170	section: 109
171	171	1. Bona fide agents, business representatives, or 110
172	172	salespersons making calls or soliciting orders at the usual 111
173	173	place of business of a customer regarding products or services 112
174	174	for use in connection with the customer's business. 113
175	175	2. Solicitors, salespersons, or agents making a call or 114
176	176	business visit upon the express invitation, oral or written, of 115
177	177	an inhabitant of the premises or her or his agent. 116
178	178	3. Telephone solicitors, salespersons, or agents making 117
179	179	calls which involve transactions that are unsolicited by the 118
180	180	consumer and consummated by telephone and without any other 119
181	181	contact between the buyer and the seller or its representative 120
182	182	before prior to delivery of the goods or performance of the 121
183	183	services. 122
184	184	4. Solicitors, salespersons, or agents conducting a sale, 123
185	185	lease, or rental of consumer goods or services by sample, 124
186	186	catalog, or brochure for future delivery. For purposes of this 125
187	187
188	188	HB 419 2023
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0419-00
194	194	Page 6 of 6
195	195	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
196	196
197	197
198	198
199	199	subparagraph, a business card is not a sample, catalog, or 126
200	200	brochure. 127
201	201	5. Minors, as defined in s. 1.01(13), conducting home 128
202	202	solicitation sales under the supervision of an adult supervisor 129
203	203	who holds a valid home solicitation sale permit. Minors excluded 130
204	204	from operation of this section must, however, carry personal 131
205	205	identification which includes their full name, date of birth, 132
206	206	residence address, and employer and the name and permit number 133
207	207	of their adult supervisor. 134
208	208	6. Those sellers or their representatives that are 135
209	209	currently regulated as to the sale of goods and services by 136
210	210	chapter 475 or chapter 497. 137
211	211	7. Solicitors, salespersons, or agents making calls or 138
212	212	soliciting orders on behalf of a religious, charitable, 139
213	213	scientific, educational, or veterans' institution or 140
214	214	organization holding a sales tax exemption certificate under s. 141
215	215	212.08(7). 142
216	216	Section 3. This act shall take effect July 1, 2023. 143