Florida 2025 Regular Session

Florida House Bill H0117 Compare Versions

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

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3	3	HB 117 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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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
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14	14	A bill to be entitled 1
15	15	An act relating to consumer protection; creating s. 2
16	16	501.0195, F.S.; defining the term "unlicensed vendor"; 3
17	17	requiring an unlicensed vendor providing home repair 4
18	18	services to take certain actions within a specified 5
19	19	timeframe after receiving payment; providing that the 6
20	20	unlicensed vendor has the burden to prove just cause; 7
21	21	providing criminal penalties; amending s. 501.022, 8
22	22	F.S.; modifying an exemption from permitting 9
23	23	requirements for certain solicitors, salespersons, and 10
24	24	agents; providing an effective date. 11
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26	26	Be It Enacted by the Legislature of the State of Florida: 13
27	27	14
28	28	Section 1. Section 501.0195, Florida Statutes, is created 15
29	29	to read: 16
30	30	501.0195 Home repairs by unlicensed vendors.— 17
31	31	(1) For the purposes of this section, the term "unlicensed 18
32	32	vendor" means a person who: 19
33	33	(a) Provides or promises to provide services related to a 20
34	34	residential home or the extended parcel of land on which the 21
35	35	home is located, includin g, but not limited to, driveways, 22
36	36	lawns, trees, gardens, landscaping areas, walls, fences, or 23
37	37	other vegetation or fixtures located thereon; and 24
38	38	(b) Is not a contractor as defined in s. 489.105(3). 25
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40	40	HB 117 2025
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45	45	hb117-00
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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
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51	51	(2)(a) An unlicensed vendor who receives money as an 26
52	52	initial payment for services to be performed must, unless the 27
53	53	unlicensed vendor has just cause for failing to apply for the 28
54	54	necessary permits, start the work, continue the work, or refund 29
55	55	the payment or unless the person who made the payment agreed in 30
56	56	writing to a longer period for performance, do all of the 31
57	57	following: 32
58	58	1. If the work requires a permit, apply for such permit 33
59	59	within 14 days after receiving payment for the work, or within a 34
60	60	time period mutually agreed upon in writing by the parties. 35
61	61	2. Start the work within 14 days after receiving payment 36
62	62	for the work or within 14 days after the date all required 37
63	63	permits for work, if any, are issued, or within a time period 38
64	64	mutually agreed upon in writing by the parties. 39
65	65	3. Perform the work, without failing to continue the work 40
66	66	for any 14-day period after payment is made or 14 days after the 41
67	67	date all necessary permits for work, if any, are issued, or 42
68	68	within a time period mutually agreed upon in writing by the 43
69	69	parties. 44
70	70	(b)1. There is a presumption that an u nlicensed vendor 45
71	71	does not have just cause if the unlicensed vendor fails to 46
72	72	return all moneys paid to the unlicensed vendor in excess of the 47
73	73	value of all work, if any, performed and fails to do any of the 48
74	74	following: 49
75	75	a. If the work requires a permit, appl y for such permit 50
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77	77	HB 117 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb117-00
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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
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88	88	within the timeframe required by subparagraph (a)1. 51
89	89	b. Start the work within the timeframe required by 52
90	90	subparagraph (a)2. 53
91	91	c. Perform the work continuously according to the 54
92	92	requirements of subparagraph (a)3. 55
93	93	d. Terminate the contract with proper notification to the 56
94	94	owner. For purposes of this sub -subparagraph, proper 57
95	95	notification of termination made by the unlicensed vendor must 58
96	96	be in the form of a letter that includes the reason for 59
97	97	termination of the contract or the reason for failu re to 60
98	98	perform. The notification must be sent by certified mail, return 61
99	99	receipt requested, and mailed to the address of the owner listed 62
100	100	in the contracting agreement. If a written agreement does not 63
101	101	exist, the letter must be mailed to the address where the work 64
102	102	was to be performed or the address listed on the permit, if 65
103	103	applicable. 66
104	104	2. The burden is on the unlicensed vendor to prove just 67
105	105	cause and to rebut the presumption. 68
106	106	(3) A person who violates subsection (2): 69
107	107	(a) Must be prosecuted in accordance wi th the thresholds 70
108	108	established in this section and with the following: 71
109	109	1. The required intent to prove a criminal violation may 72
110	110	be shown to exist at the time that the unlicensed vendor 73
111	111	appropriated the money to his or her own use and is not required 74
112	112	to be proven to exist at the time of the taking of the money 75
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114	114	HB 117 2025
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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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
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125	125	from the owner or at the time the owner makes a payment to the 76
126	126	unlicensed vendor. 77
127	127	2. If an unlicensed vendor fails to refund any portion of 78
128	128	the money paid to the unlicensed vendor in excess of the v alue 79
129	129	of all work, if any, performed and fails to perform as required 80
130	130	in subsection (2), it may be inferred that the unlicensed vendor 81
131	131	intended to deprive the owner of the right to the money owed, or 82
132	132	deprive the owner of the benefit from it, and it may be i nferred 83
133	133	that the unlicensed vendor appropriated the money for his or her 84
134	134	own use or remitted it to a person not entitled to the use of 85
135	135	the money. 86
136	136	3. In a prosecution for a violation of subsection (2), the 87
137	137	fact that the unlicensed vendor intended to retur n the money 88
138	138	owed is not a defense. 89
139	139	(b) Commits: 90
140	140	1. If the total money received is less than $1,000, a 91
141	141	misdemeanor of the first degree, punishable as provided in s. 92
142	142	775.082 or s. 775.083. 93
143	143	2. If the total money received is less than $1,000 and the 94
144	144	unlicensed vendor has had more than one violation within a 3 -95
145	145	year period, a felony of the third degree, punishable as 96
146	146	provided in s. 775.082, s. 775.083, or s. 775.084. 97
147	147	3. If the total money received is greater than or equal to 98
148	148	$1,000 but less than $20,000, a felony of the third degree, 99
149	149	punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 100
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151	151	HB 117 2025
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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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
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162	162	4. If the total money received is $20,000 or more but less 101
163	163	than $200,000, a felony of the second degree, punishable as 102
164	164	provided in s. 775.082, s. 775.083, or s . 775.084. 103
165	165	5. If the total money received is $200,000 or more, a 104
166	166	felony of the first degree, punishable as provided in s. 105
167	167	775.082, s. 775.083, or s. 775.084. 106
168	168	Section 2. Subsection (1) of section 501.022, Florida 107
169	169	Statutes, is amended to read: 108
170	170	501.022 Home solicitation sale; permit required. — 109
171	171	(1)(a) It is unlawful for a any person to conduct a any 110
172	172	home solicitation sale, as defined in s. 501.021(1) s. 501.021, 111
173	173	or to supervise excluded minors conducting such sales provided 112
174	174	in subparagraph (b)5., in t his state without first obtaining a 113
175	175	valid home solicitation sale permit as provided in this section. 114
176	176	(b) The following are excluded from the operation of this 115
177	177	section: 116
178	178	1. Bona fide agents, business representatives, or 117
179	179	salespersons making calls or solic iting orders at the usual 118
180	180	place of business of a customer regarding products or services 119
181	181	for use in connection with the customer's business. 120
182	182	2. Solicitors, salespersons, or agents making a call or 121
183	183	business visit upon the express invitation, oral or writt en, of 122
184	184	an inhabitant of the premises or her or his agent. 123
185	185	3. Telephone solicitors, salespersons, or agents making 124
186	186	calls which involve transactions that are unsolicited by the 125
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188	188	HB 117 2025
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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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
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199	199	consumer and consummated by telephone and without any other 126
200	200	contact between the buyer and the seller or its representative 127
201	201	before prior to delivery of the goods or performance of the 128
202	202	services. 129
203	203	4. Solicitors, salespersons, or agents conducting a sale, 130
204	204	lease, or rental of consumer goods or services by sample, 131
205	205	catalog, or brochure for future delivery. For purposes of this 132
206	206	subparagraph, a business card does not constitute a sample, 133
207	207	catalog, or brochure. 134
208	208	5. Minors, as defined in s. 1.01(13), conducting home 135
209	209	solicitation sales under the supervision of an adult supervisor 136
210	210	who holds a valid home solicitation sale permit. Minors excluded 137
211	211	from operation of this section must, however, carry personal 138
212	212	identification which includes their full name, date of birth, 139
213	213	residence address, and employer and the name and permit number 140
214	214	of their adult supervisor. 141
215	215	6. Those sellers or their representatives that are 142
216	216	currently regulated as to the sale of goods and service s by 143
217	217	chapter 475 or chapter 497. 144
218	218	7. Solicitors, salespersons, or agents making calls or 145
219	219	soliciting orders on behalf of a religious, charitable, 146
220	220	scientific, educational, or veterans' institution or 147
221	221	organization holding a sales tax exemption certificate un der s. 148
222	222	212.08(7). 149
223	223	Section 3. This act shall take effect July 1, 2025. 150