HB 117 2025
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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
A bill to be entitled 1
An act relating to consumer protection; creating s. 2
501.0195, F.S.; defining the term "unlicensed vendor"; 3
requiring an unlicensed vendor providing home repair 4
services to take certain actions within a specified 5
timeframe after receiving payment; providing that the 6
unlicensed vendor has the burden to prove just cause; 7
providing criminal penalties; amending s. 501.022, 8
F.S.; modifying an exemption from permitting 9
requirements for certain solicitors, salespersons, and 10
agents; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 501.0195, Florida Statutes, is created 15
to read: 16
501.0195 Home repairs by unlicensed vendors.— 17
(1) For the purposes of this section, the term "unlicensed 18
vendor" means a person who: 19
(a) Provides or promises to provide services related to a 20
residential home or the extended parcel of land on which the 21
home is located, includin g, but not limited to, driveways, 22
lawns, trees, gardens, landscaping areas, walls, fences, or 23
other vegetation or fixtures located thereon; and 24
(b) Is not a contractor as defined in s. 489.105(3). 25
HB 117 2025
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(2)(a) An unlicensed vendor who receives money as an 26
initial payment for services to be performed must, unless the 27
unlicensed vendor has just cause for failing to apply for the 28
necessary permits, start the work, continue the work, or refund 29
the payment or unless the person who made the payment agreed in 30
writing to a longer period for performance, do all of the 31
following: 32
1. If the work requires a permit, apply for such permit 33
within 14 days after receiving payment for the work, or within a 34
time period mutually agreed upon in writing by the parties. 35
2. Start the work within 14 days after receiving payment 36
for the work or within 14 days after the date all required 37
permits for work, if any, are issued, or within a time period 38
mutually agreed upon in writing by the parties. 39
3. Perform the work, without failing to continue the work 40
for any 14-day period after payment is made or 14 days after the 41
date all necessary permits for work, if any, are issued, or 42
within a time period mutually agreed upon in writing by the 43
parties. 44
(b)1. There is a presumption that an u nlicensed vendor 45
does not have just cause if the unlicensed vendor fails to 46
return all moneys paid to the unlicensed vendor in excess of the 47
value of all work, if any, performed and fails to do any of the 48
following: 49
a. If the work requires a permit, appl y for such permit 50
HB 117 2025
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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
within the timeframe required by subparagraph (a)1. 51
b. Start the work within the timeframe required by 52
subparagraph (a)2. 53
c. Perform the work continuously according to the 54
requirements of subparagraph (a)3. 55
d. Terminate the contract with proper notification to the 56
owner. For purposes of this sub -subparagraph, proper 57
notification of termination made by the unlicensed vendor must 58
be in the form of a letter that includes the reason for 59
termination of the contract or the reason for failu re to 60
perform. The notification must be sent by certified mail, return 61
receipt requested, and mailed to the address of the owner listed 62
in the contracting agreement. If a written agreement does not 63
exist, the letter must be mailed to the address where the work 64
was to be performed or the address listed on the permit, if 65
applicable. 66
2. The burden is on the unlicensed vendor to prove just 67
cause and to rebut the presumption. 68
(3) A person who violates subsection (2): 69
(a) Must be prosecuted in accordance wi th the thresholds 70
established in this section and with the following: 71
1. The required intent to prove a criminal violation may 72
be shown to exist at the time that the unlicensed vendor 73
appropriated the money to his or her own use and is not required 74
to be proven to exist at the time of the taking of the money 75
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from the owner or at the time the owner makes a payment to the 76
unlicensed vendor. 77
2. If an unlicensed vendor fails to refund any portion of 78
the money paid to the unlicensed vendor in excess of the v alue 79
of all work, if any, performed and fails to perform as required 80
in subsection (2), it may be inferred that the unlicensed vendor 81
intended to deprive the owner of the right to the money owed, or 82
deprive the owner of the benefit from it, and it may be i nferred 83
that the unlicensed vendor appropriated the money for his or her 84
own use or remitted it to a person not entitled to the use of 85
the money. 86
3. In a prosecution for a violation of subsection (2), the 87
fact that the unlicensed vendor intended to retur n the money 88
owed is not a defense. 89
(b) Commits: 90
1. If the total money received is less than $1,000, a 91
misdemeanor of the first degree, punishable as provided in s. 92
775.082 or s. 775.083. 93
2. If the total money received is less than $1,000 and the 94
unlicensed vendor has had more than one violation within a 3 -95
year period, a felony of the third degree, punishable as 96
provided in s. 775.082, s. 775.083, or s. 775.084. 97
3. If the total money received is greater than or equal to 98
$1,000 but less than $20,000, a felony of the third degree, 99
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 100
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4. If the total money received is $20,000 or more but less 101
than $200,000, a felony of the second degree, punishable as 102
provided in s. 775.082, s. 775.083, or s . 775.084. 103
5. If the total money received is $200,000 or more, a 104
felony of the first degree, punishable as provided in s. 105
775.082, s. 775.083, or s. 775.084. 106
Section 2. Subsection (1) of section 501.022, Florida 107
Statutes, is amended to read: 108
501.022 Home solicitation sale; permit required. — 109
(1)(a) It is unlawful for a any person to conduct a any 110
home solicitation sale, as defined in s. 501.021(1) s. 501.021, 111
or to supervise excluded minors conducting such sales provided 112
in subparagraph (b)5., in t his state without first obtaining a 113
valid home solicitation sale permit as provided in this section. 114
(b) The following are excluded from the operation of this 115
section: 116
1. Bona fide agents, business representatives, or 117
salespersons making calls or solic iting orders at the usual 118
place of business of a customer regarding products or services 119
for use in connection with the customer's business. 120
2. Solicitors, salespersons, or agents making a call or 121
business visit upon the express invitation, oral or writt en, of 122
an inhabitant of the premises or her or his agent. 123
3. Telephone solicitors, salespersons, or agents making 124
calls which involve transactions that are unsolicited by the 125
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consumer and consummated by telephone and without any other 126
contact between the buyer and the seller or its representative 127
before prior to delivery of the goods or performance of the 128
services. 129
4. Solicitors, salespersons, or agents conducting a sale, 130
lease, or rental of consumer goods or services by sample, 131
catalog, or brochure for future delivery. For purposes of this 132
subparagraph, a business card does not constitute a sample, 133
catalog, or brochure. 134
5. Minors, as defined in s. 1.01(13), conducting home 135
solicitation sales under the supervision of an adult supervisor 136
who holds a valid home solicitation sale permit. Minors excluded 137
from operation of this section must, however, carry personal 138
identification which includes their full name, date of birth, 139
residence address, and employer and the name and permit number 140
of their adult supervisor. 141
6. Those sellers or their representatives that are 142
currently regulated as to the sale of goods and service s by 143
chapter 475 or chapter 497. 144
7. Solicitors, salespersons, or agents making calls or 145
soliciting orders on behalf of a religious, charitable, 146
scientific, educational, or veterans' institution or 147
organization holding a sales tax exemption certificate un der s. 148
212.08(7). 149
Section 3. This act shall take effect July 1, 2025. 150