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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
1
An act relating to the Department of Business and 2
Professional Regulation; amending s. 468.8414, F.S.; 3
requiring the department to certify for licensure 4
qualified individuals who practice mold assessment or 5
mold remediation and hold certain licenses issued by 6
other states or territories; amending s. 469.004, 7
F.S.; revising requirements for the issuance of an 8
asbestos consultant's license; requiring the 9
department to certify for licensure by endorsement 10
asbestos consultants and asbestos contractors who meet 11
certain exam and other state licensure requirements; 12
requiring asbestos consultants and asbestos 13
contractors to complete certain courses; amending s. 14
489.514, F.S.; removing a time limitation for applying 15
for certain contracting licenses; amending s. 509.091, 16
F.S.; requiring licensees and licensed agents to 17
provide the department's Division of Hotels and 18
Restaurants with e-mail addresses at which they can be 19
contacted; authorizing the division to send notices 20
and inspection reports by e -mail; amending s. 509.101, 21
F.S.; revising guest register maintenance requirements 22
for transient establishment operators; amending s. 23
509.241, F.S.; requiring certain persons , licensees, 24
and licensed agents to create and maintain a division 25
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online account and provide the division with specified 26
information; requiring the division to adopt rules; 27
providing requirements for such rules; amending s. 28
548.043, F.S.; removing a limit ation on the types of 29
boxing exhibitions which require a specified maximum 30
difference in participant weights; amending s. 553.73, 31
F.S.; authorizing the Florida Building Commission to 32
delay the effective date of the energy provisions of 33
the Florida Building Code for a specified timeframe 34
under certain circumstances; amending s. 565.04, F.S.; 35
authorizing package stores to sell nicotine products; 36
amending s. 721.075, F.S.; revising requirements for 37
certain incidental benefits; amending s. 721.10, F.S.; 38
revising requirements for certain contract 39
cancellations; amending s. 721.11, F.S.; conforming 40
cross-references; amending s. 721.55, F.S.; revising 41
disclosure requirements for multisite timeshare plan 42
public offering statements; providing an effective 43
date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Subsection (3) of section 468.8414, Florida 48
Statutes, is amended to read: 49
468.8414 Licensure. — 50
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(3) The department shall certify as qualified for a 51
license by endorsement an appli cant who is of good moral 52
character, who has the insurance coverage required under s. 53
468.8421, and who meets at least one of the following 54
requirements: 55
(a) Is qualified to take the examination as set forth in 56
s. 468.8413 and has passed a certification examination offered 57
by a nationally recognized organization that certifies persons 58
in the specialty of mold assessment or mold remediation and that 59
has been approved by the department as substantially equivalent 60
to the requirements of this part and s. 455. 217.; or 61
(b) Holds a valid license to practice mold assessment or 62
mold remediation issued by another state or territory of the 63
United States if the criteria for issuance of the license were 64
substantially the same as the licensure criteria that is 65
established by this part as determined by the department. 66
(c) Has held a valid license to practice mold assessment 67
or mold remediation issued by another state or territory of the 68
United States for at least 10 years before the date of 69
application. The applicatio n for licensure must be made either 70
when the license in the other state or territory is active or 71
within 2 years after such license was last active. 72
Section 2. Subsection (3) of section 469.004, Florida 73
Statutes, is renumbered as subsection (4), subsec tion (1) is 74
amended, and a new subsection (3) is added to that section, to 75
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read: 76
469.004 License; asbestos consultant; asbestos 77
contractor.— 78
(1) All asbestos consultants must be licensed by the 79
department. Except for an asbestos consultant's license is sued 80
by endorsement as provided under subsection (3) or otherwise 81
expressly provided by law, an asbestos consultant's license may 82
be issued only to an applicant who holds a current, valid, 83
active license as an architect issued under chapter 481; holds a 84
current, valid, active license as a professional engineer issued 85
under chapter 471; holds a current, valid, active license as a 86
professional geologist issued under chapter 492; is a diplomat 87
of the American Board of Industrial Hygiene; or has been awarded 88
designation as a Certified Safety Professional by the Board of 89
Certified Safety Professionals. 90
(3) The department shall certify as qualified for 91
licensure by endorsement any individual applying for licensure 92
who has passed a written examination that meets the requirements 93
of the United States Environmental Protection Agency Asbestos 94
Model Accreditation Plan, has held a valid license to practice 95
as an asbestos consultant or asbestos contractor issued by 96
another state or territory of the United States for at least 10 97
years before the date of application, and is applying for the 98
same or similar license in this state, subject to ss. 469.005(5) 99
and 469.006. The application for licensure must be made either 100
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when the license in the other state or territory is activ e or 101
within 2 years after such license was last active. To qualify 102
for licensure by endorsement, an asbestos consultant must 103
complete the courses required by s. 469.005(2) and an asbestos 104
contractor must complete the courses required by s. 469.005(3). 105
Section 3. Subsection (3) of section 489.514, Florida 106
Statutes, is amended to read: 107
489.514 Certification for registered contractors; 108
grandfathering provisions. — 109
(3) An applicant must make application by November 1, 110
2021, to be licensed pursuant to this section. 111
Section 4. Section 509.091, Florida Statutes, is amended 112
to read: 113
509.091 Notices; form and service. — 114
(1) All licensees and licensed agents must provide an e -115
mail address to the division to function as the primary method 116
of contact for all communication with the division. 117
(2) Each notice or inspection report served by the 118
division pursuant to this chapter must be in writing and must be 119
delivered personally by an agent of the division , sent by e-120
mail, or mailed by registered letter to the operator of the 121
public lodging establishment or public food service 122
establishment. If the operator refuses to accept service or 123
evades service or the agent is otherwise unable to effect 124
service after due diligence, the division may post such notice 125
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or inspection report in a conspicuous place at the 126
establishment. 127
(2) Notwithstanding subsection (1), the division may 128
deliver lodging inspection reports and food service inspection 129
reports to the operator of the public lodging establishment or 130
public food service establishment by electronic means. 131
Section 5. Subsection (2) of section 509.101, Florida 132
Statutes, is amended to read: 133
509.101 Establishment rules; posting of notice; food 134
service inspection report; maintenance of guest register; mobile 135
food dispensing vehicle registry. — 136
(2) It is the duty of each operator of a transient 137
establishment to maintain at all times a register of, signed by 138
or for guests who occupy rental units within the establishment, 139
showing the dates upon which the rental unit s were occupied by 140
such guests and the rates charged for their occupancy. Each 141
operator shall maintain this register shall be maintained in 142
chronological order, shall make the register and available for 143
inspection by the division at any time , and may keep the 144
register in an electronic format . Operators need not make 145
available registers that which are more than 2 years old. 146
Section 6. Subsection (4) is added to section 509.241, 147
Florida Statutes to read: 148
509.241 Licenses required; exceptions. — 149
(4) ONLINE ACCOUNT AND TRANSACTIONS. —Each person who plans 150
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to open a public lodging establishment or a public food service 151
establishment and each licensee or licensed agent must create 152
and maintain a division online account and provide an e -mail 153
address to the division to function as the primary contact for 154
all communication from the division. 155
(a) Licensees and licensed agents are responsible for 156
maintaining accurate contact information on file with the 157
division. 158
(b) Each licensee issued a license or licensed agent 159
managing a license classified as a vacation rental or timeshare 160
project, as those terms are defined in s. 509.242(1)(c) and (g), 161
respectively, must submit any change in the street or unit 162
address or number of houses or units included under the licens e 163
within 30 days after the change. All changes must be filed with 164
the division through the division's online system. 165
(c) The division shall adopt rules to implement this 166
subsection. The rules must specify circumstances under which a 167
person who plans to o pen a public lodging establishment or a 168
public food service establishment and each licensee or licensed 169
agent may opt out of the requirement to create and maintain a 170
division online account. 171
Section 7. Subsection (2) of section 548.043, Florida 172
Statutes, is amended to read: 173
548.043 Weights and classes, limitations; gloves. — 174
(2) The commission shall establish by rule the acceptable 175
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difference in weight between participants; however, the maximum 176
difference in weight in boxing matches shall not exceed 12 177
pounds, except matches in the cruiserweight and heavyweight 178
classes and exhibitions held solely for training purposes . 179
Section 8. Paragraph (e) of subsection (7) of section 180
553.73, Florida Statutes, is amended to read: 181
553.73 Florida Building Code.— 182
(7) 183
(e) A rule updating the Florida Building Code in 184
accordance with this subsection shall take effect no sooner than 185
6 months after publication of the updated code. Any amendment to 186
the Florida Building Code which is adopted upon a finding by th e 187
commission that the amendment is necessary to protect the public 188
from immediate threat of harm takes effect immediately. If 189
energy code compliance software is not approved by the 190
commission at least 3 months before the effective date of the 191
updated Florida Building Code, the commission may delay the 192
effective date of the energy provisions of the Florida Building 193
Code for up to 3 additional months. 194
Section 9. Subsection (1) of section 565.04, Florida 195
Statutes, is amended to read: 196
565.04 Package store restrictions.— 197
(1) Vendors licensed under s. 565.02(1)(a) shall not in 198
said place of business sell, offer, or expose for sale any 199
merchandise other than such beverages, and such places of 200
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business shall be devoted exclusively to such sales; provided, 201
however, that such vendors shall be permitted to sell bitters, 202
grenadine, nonalcoholic mixer -type beverages (not to include 203
fruit juices produced outside this state), fruit juices produced 204
in this state, home bar, and party supplies and equipment 205
(including but not limited to glassware and party -type foods), 206
miniatures of no alcoholic content, nicotine products, and 207
tobacco products. Such places of business shall have no openings 208
permitting direct access to any other building or room, except 209
to a private office or storage room of the place of business 210
from which patrons are excluded. 211
Section 10. Section 721.075, Florida Statutes, is amended 212
to read: 213
721.075 Incidental benefits. —Incidental benefits shall be 214
offered only as provided in this section. 215
(1) Accommodations, facilities, products, services, 216
discounts, or other benefits which satisfy the requirements of 217
this subsection are shall be subject to the provisions of this 218
section and exempt from the other provisions of this chapter 219
which would otherwise apply to such accommodations or facilities 220
if and only if: 221
(a) The use of or participation in the incidental benefit 222
by the prospective purchaser is completely voluntary, and 223
payment of any fee or other cost associated with the incidental 224
benefit is required only upon such use or participation. 225
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(b) The No costs of acquisition, operation, maintenance, 226
or repair of the incidental benefit may not be are passed on to 227
purchasers of the timeshare plan as common expenses of the 228
timeshare plan or as commo n expenses of a component site of a 229
multisite timeshare plan. 230
(c) The continued availability of the incidental benefit 231
is not necessary in order for any accommodation or facility of 232
the timeshare plan to be available for use by purchasers of the 233
timeshare plan in a manner consistent in all material respects 234
with the manner portrayed by any promotional material, 235
advertising, or purchaser public offering statement. 236
(d) The continued availability to purchasers of timeshare 237
plan accommodations on no greater than a one-to-one use right to 238
use night requirement ratio is not dependent upon continued 239
availability of the incidental benefit. 240
(e) The incidental benefit will continue to be available 241
in the manner represented to prospective purchasers for up to 3 242
years or less after the first date that the timeshare plan is 243
available for use by the purchaser. Nothing herein prevents 244
shall prevent the renewal or extension of the availability of an 245
incidental benefit. 246
(f) The aggregate represented value of all incid ental 247
benefits offered by a developer to a purchaser may not exceed 15 248
percent of the purchase price paid by the purchaser for his or 249
her timeshare interest. 250
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(f)(g) The incidental benefit is filed with the division 251
for review in conjunction with the fili ng of a timeshare plan or 252
in connection with a previously filed timeshare plan. 253
(2) Each purchaser shall execute a separate acknowledgment 254
and disclosure statement with respect to all incidental 255
benefits, which statement must shall include the following 256
information: 257
(a) A fair description of the incidental benefit, 258
including, but not limited to, any user fees or costs associated 259
therewith and any restrictions upon use or availability. 260
(b) A statement that use of or participation in the 261
incidental benefit by the prospective purchaser is completely 262
voluntary, and that payment of any fee or other cost associated 263
with the incidental benefit is required only upon such use or 264
participation. 265
(c) A statement that the incidental benefit is not 266
assignable or otherwise transferable by the prospective 267
purchaser or purchaser without the approval of the provider of 268
the incidental benefit . 269
(d) The following disclosure in conspicuous type 270
immediately above the space for the purchaser's signature: 271
272
The incidental benefit[s] described in this statement is 273
[are] offered to prospective purchasers of the timeshare plan 274
[or other permitted reference under pursuant to s. 275
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721.11(5)(a)]. This [These] benefit[s] is [are] available for 276
your use for [some period up to 3 years or less] after the first 277
date that the timeshare plan is available for your use. The 278
availability of the incidental benefit[s] may or may not be 279
renewed or extended. You should not purchase an interest in the 280
timeshare plan in reliance upon the continued a vailability or 281
renewal or extension of this [these] benefit[s]. 282
(e) A statement indicating the source of the services, 283
points, or other products that constitute the incidental 284
benefit. 285
286
The acknowledgment and disclosure statement for any incidental 287
benefit shall be filed with the division before prior to use. 288
Each purchaser must shall receive a copy of his or her executed 289
acknowledgment and disclosure statement as a document required 290
to be provided to him or her under pursuant to s. 721.10(1)(b). 291
(3)(a) In the event that an incidental benefit becomes 292
unavailable to purchasers in the manner represented by the 293
developer in the acknowledgment and disclosure statement, the 294
developer shall pay the purchaser the greater of twice the 295
verifiable retail value or twice the represented value of the 296
unavailable incidental benefit in cash within 30 days after of 297
the date that the unavailability of the incidental benefit was 298
made known to the developer , unless the developer has reserved a 299
substitution right under pursuant to paragraph (b) and timely 300
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makes the substitution as required by paragraph (b). The 301
developer shall promptly notify the division upon learning of 302
the unavailability of any incidental benefit. 303
(b) If an incidental benefit becomes unavailable as a 304
result of events beyond the control of the developer, the 305
developer may reserve the right to substitute a replacement 306
incidental benefit of a type, quality, value, and term 307
reasonably similar to the unavailable incidental benefit. If the 308
developer reserves th e right to substitute, the acknowledgment 309
and disclosure statement required under pursuant to paragraph 310
(2)(a) must shall contain the following conspicuous disclosure: 311
312
In the event any incidental benefit described in this 313
statement becomes unavailable as a result of events beyond the 314
control of the developer, the developer reserves the right to 315
substitute a replacement incidental benefit of a type, quality, 316
value, and term reasonably similar to the unavailable incidental 317
benefit. 318
319
The substituted incident al benefit must shall be made available 320
delivered to the purchaser within 30 days after the date that 321
the unavailability of the incidental benefit was made known to 322
the developer. 323
(4) All purchaser remedies under pursuant to s. 721.21 are 324
shall be available for any violation of the provisions of this 325
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section. 326
Section 11. Subsections (2) and (3) of section 721.10, 327
Florida Statutes, are renumbered as subsections (3) and (4), 328
respectively, subsection (1) is amended, and a new subsection 329
(2) is added to that section, to read: 330
721.10 Cancellation. — 331
(1) A purchaser has the right to cancel the contract until 332
midnight on of the 10th calendar day after the later of 333
following whichever of the following days occurs later : 334
(a) The execution date of the contract; or 335
(b) The day on which the purchaser received the last of 336
all documents required to be provided to him or her, including 337
the notice required by s. 721.07(2)(d)2., if applicable. 338
(2) This right of cancellation may not be waived by any 339
purchaser or by any other person on behalf of the purchaser , and 340
any attempt to obtain a waiver of the cancellation right of the 341
purchaser is unlawful. If a purchaser waives, knowingly or 342
unknowingly, his or her right of cancellation and a closing 343
occurs, such closing is voidable at the option of the purchaser 344
for up to 1 year after the date that would have been the 345
expiration of the cancellation period under subsection (1). 346
Furthermore, a no closing may not occur until the cancellation 347
period of the timeshare purchaser has expired , and if a closing 348
occurs before the expiration of the cancellation period,. Any 349
attempt to obtain a waiver of the cancellation right of the 350
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timeshare purchaser, or to hold a closing prior to the 351
expiration of the cancellation period, is unlawful and such 352
closing is voidable at the option of the purchaser for up to 5 353
years after such closing a period of 1 year after the expiration 354
of the cancellation period . However, nothing in this section 355
precludes the execution o f documents in advance of closing for 356
delivery after expiration of the cancellation period. 357
Section 12. Paragraphs (b) and (e) of subsection (6) of 358
section 721.11, Florida Statutes, are amended to read: 359
721.11 Advertising materials; oral statements. — 360
(6) Failure to provide cancellation rights or disclosures 361
as required by this subsection in connection with the sale of a 362
regulated short-term product constitutes misrepresentation in 363
accordance with paragraph (4)(a). Any agreement relating to the 364
sale of a regulated short -term product must be regulated as 365
advertising material and is subject to the following: 366
(b) A purchaser of a regulated short -term product has the 367
right to cancel the agreement until midnight of the 10th 368
calendar day following the exe cution date of the agreement. The 369
right of cancellation may not be waived by the prospective 370
purchaser or by any other person on behalf of the prospective 371
purchaser. Notice of cancellation must be given in the same 372
manner prescribed for giving notice of ca ncellation under s. 373
721.10(3) s. 721.10(2). If the prospective purchaser gives a 374
valid notice of cancellation or is otherwise entitled to cancel 375
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the sale, the funds or other property received from or on behalf 376
of the prospective purchaser, or the proceeds thereof, must be 377
returned to the prospective purchaser. Such refund must be made 378
in the same manner prescribed for refunds under s. 721.10. 379
(e) If the seller provides the purchaser with the right to 380
cancel the purchase of a regulated short -term product at any 381
time up to 7 days prior to the purchaser's reserved use of the 382
accommodations, but in no event less than 10 days, and if the 383
seller refunds the total amount of all payments made by the 384
purchaser reduced by the proportion of any benefits the 385
purchaser has actually received prior to the effective date of 386
the cancellation, the specific value of which has been agreed to 387
between the purchaser and the seller, the short -term product 388
offer shall be exempt from the requirements of paragraphs (b), 389
(c), and (d). An agreement relating to the sale of the regulated 390
short-term product made pursuant to this paragraph must contain 391
a statement setting forth the cancellation and refund rights of 392
the prospective purchaser in a manner that is consistent with 393
this section and s. 721.10, including a description of the 394
length of the cancellation right, a statement that the 395
purchaser's intent to cancel must be in writing and sent to the 396
seller at a specified address, a statement that the notice of 397
cancellation is effective upon the date sent, and a statement 398
that any attempt to waive the cancellation right is unlawful. 399
The right of cancellation provided to the purchaser pursuant to 400
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this paragraph may not be waived by the prospective purchaser or 401
by any other person on behalf of the prospective purchaser. 402
Notice of cancellation must be given in the same manner 403
prescribed for giving notice of cancellation pursuant to s. 404
721.10(3) s. 721.10(2). If the prospective purchaser gives a 405
valid notice of cancellation, or is otherwise entitl ed to cancel 406
the sale, the funds or other property received from or on behalf 407
of the prospective purchaser, or the proceeds thereof, shall be 408
returned to the prospective purchaser. Such refund shall be made 409
in the manner prescribed for refunds under s. 721 .10. 410
Section 13. Paragraph (l) of subsection (4) and paragraph 411
(l) of subsection (7) of section 721.55, Florida Statutes, are 412
amended to read: 413
721.55 Multisite timeshare plan public offering 414
statement.—Each filed public offering statement for a multi site 415
timeshare plan shall contain the information required by this 416
section and shall comply with the provisions of s. 721.07, 417
except as otherwise provided therein. The division is authorized 418
to provide by rule the method by which a developer must provide 419
such information to the division. Each multisite timeshare plan 420
filed public offering statement shall contain the following 421
information and disclosures: 422
(4) A text, which shall include, where applicable, the 423
information and disclosures set forth in paragr aphs (a)-(l). 424
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(l) A description of each component site, which 425
description may be disclosed in a written, graphic, tabular, or 426
other form approved by the division or provided to the purchaser 427
electronically, including, but not limited to, through a websit e 428
or other Internet-based access. The description of each 429
component site must shall include all of the following 430
information: 431
1. The name and address of each component site. 432
2. The number of accommodations, timeshare interests, and 433
timeshare periods, e xpressed in periods of 7 -day use 434
availability, committed to the multisite timeshare plan and 435
available for use by purchasers. 436
3. Each type of accommodation in terms of the number of 437
bedrooms, bathrooms, sleeping capacity, and whether or not the 438
accommodation contains a full kitchen. As used in For purposes 439
of this subparagraph description, the term "full kitchen" means 440
a full kitchen shall mean a kitchen with at least having a 441
minimum of a dishwasher, range, sink, oven, and refrigerator. 442
4. A description of facilities available for use by the 443
purchaser at each component site, including the following: 444
a. The intended use of the facility, if not apparent from 445
the description. 446
b. Any user fees associated with a purchaser's use of the 447
facility. 448
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5. A cross-reference to the location in the public 449
offering statement of the description of any priority 450
reservation features which may affect a purchaser's ability to 451
obtain a reservation in the component site. 452
(7) The following documents shall be included as exhibits 453
to the filed public offering statement, if applicable: 454
(l)1. If the multisite timeshare plan contains any 455
component sites located in the this state, the information 456
required by s. 721.07(5) pertaining to each such component site , 457
unless exempt under pursuant to s. 721.03. 458
2. If the purchaser will receive an interest in a specific 459
multisite timeshare plan component site located outside of the 460
this state but which is offered in the this state, the 461
information required by s. 721.07(5) pertaining to that 462
component site., provided, However, for purposes of this 463
paragraph, that the provisions of s. 721.07(5)(t) shall only 464
requires require disclosure of information related to the 465
estimated budget for the timeshare plan and purchaser's expenses 466
as required by the jurisdiction in which the component site is 467
located. 468
469
A developer is not required to file a separate public offering 470
statement for any component site located within or outside the 471
state in order to include the component site in the multisite 472
timeshare plan. 473
ENROLLED
CS/CS/HB 869 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0869-03-er
Page 20 of 20
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
Section 14. This act shall take effect July 1, 2023. 474