2007 Regular Session—Bills That May Impact You
Below is a list of bills that have passed out of the legislature that
may affect professions or businesses regulated by the Florida Department of
Business and Professional Regulation. We have placed two links to the right of each bill. The
"Bill Page" link is to the bill description on the Legislator's bill information system. The
"Last Committee Analysis" link will take you to the last analysis of the bill by a
Legislative committee.
Click on the "Bill Page" link to view a timeline of the bill. A bill does not become a law until the Governor approves it.
SB 0134 - Cardrooms/Dominoes by Bullard (L)
Cardrooms/Dominoes; provides for cardrooms to conduct games of dominoes; revises definitions; defines term "dominoes". Amends 849.086. EFFECTIVE DATE: 07/01/2007.
SB 0134 amends section 849.086(2), Florida Statutes, to include the play of dominoes as an authorized game that may be conducted in cardrooms.
HB 259- Mobile Home Relocation Corporation by Attkisson
Mobile Home Relocation Corporation; provides notice requirements for certain mobile home lot tenants regarding entitlement to compensation from Fla. Mobile Home Relocation Trust Fund; provides for late fees if mobile home park owner does not make payments to Fla. Mobile Home Relocation Corporation within required time period; authorizes corporation to file & maintain certain actions to collect payments in Leon County, etc. Amends 723.061,.06116,.0612. EFFECTIVE DATE: Upon becoming law.
HB 259 requires mobile home park owners to provide homeowners six months before a change in the use of the park (Page 1 lines 24-40). Late fees are imposed on mobile park owners for failure to meet FMHRC guidelines (Page 2, Starting at line 54). Provides one year after a mobile home owner is required to move from a mobile home park and file a claim with the Florida Mobile Home Relocation Corporation (Page 4, Starting at line 92).
SB 0282 - Relating to Designated Drivers by Fasano
Designated Drivers; prohibits licensed retail alcohol beverage establishment open to public from denying service to designated driver. Amends 562.51. EFFECTIVE DATE: 10/01/2007.
SB 282 prohibits licensed retail alcoholic beverage establishments from refusing service to a person who does not purchase alcohol as they may be a designated driver for persons who are purchasing alcoholic beverages at the establishment.
SB 0314 - Condominiums by Geller
Condominiums; substantially revises provisions re termination of condominium form of ownership of property; provides grounds for termination; waives certain notice requirements following natural disasters; provides requirements for plan of termination; provides procedure for contesting plan of termination; provides rules for distribution of property & sale proceeds; allows creation of another condominium by trustee, etc. Amends 718.117. EFFECTIVE DATE: 07/01/2007.
SB 314 makes changes to the planning, noticing and voting requirements for approval of termination.
SB 0404 - Construction & Housing Industry/Regulation by Baker
Construction & Housing Industry/Regulation; provides additional eligibility requirements for person to take examination for certification as building code inspector or plans examiner; provides requirements for continuing education in ethics; prohibits prevention of licensed engineer or architect from contracting directly with licensed contractor for preparation of plans, specifications, or master design manual when making application for building permit, etc. Amends Chs. 468, 489; creates 553.382. EFFECTIVE DATE: 07/01/2007.
SB 404 places new exam requirements on building code inspectors, creates a building code enforcement bill of rights for disciplinary cases, creates stricter penalties for non compliance, requires a continuing education course in ethics for building code professionals, requires a background check on new CILB applicants and creates new criteria the CILB may use when considering denial of licensure.
HB 0405 - Vacation & Timeshare Plans by Mealor
Vacation & Timeshare Plans; revises formula for funding reserve accounts for conversions; authorizes seller to offer timeshare interests in timeshare plan located outside of this state without filing public offering statement for such out-of-state plan; revises info. required to be contained in filed public offering statements for certain timeshare plans; revises provisions re advertising & oral statements to include those made by resale service providers, etc. Amends FS. EFFECTIVE DATE: 07/01/2007.
HB 405 provides new requirements when offering out of state timeshares to existing clients. The bill allows DBPR to accept alternative forms of discloser statements and revises provisions relating to advertising and oral statements.
SB 0640- Public Accountancy/Licensure by Haridopolos
Public Accountancy/Licensure; removes condition for waiver of certain certified public accountant licensure requirements. Amends 473.308. EFFECTIVE DATE: 07/01/2007.
SB 0640 allows for the board to permanently waive the requirements of s. 473.306 (2) (b) 2. These provisions were waived but were due to sunset in the near future.
SB 0752- Cardrooms by Geller
Cardrooms; defines term "tournament"; revises license fees; revises hours of operation; authorizes award of certain prizes; revises betting limits; authorizes tournaments; provides tournament requirements; authorizes additional positions. Amends 849.086. APPROPRIATION: $279,133. EFFECTIVE DATE: 07/01/2007.
SB 0752 makes the following changes regarding cardrooms:
- Pari-mutuel permit holders may operate a cardroom on any day, not just a live event day.
- Removes the prescribed operating hours of 12 noon and 12 midnight, thus authorizing a cardroom to operate between any hours as long as the operator does not exceed 12 cumulative hours.
- Increases the annual cardroom license fee for each table to $1,000 for each table operated at the cardroom.
- Permits cardrooms to award giveaways, jackpots, or prizes to a player who holds a specified combination of cards.
- Increases the maximum bet to $5.
- Allows games of Texas Hold-em without a betting limit if the required player buy-in is no more than $100.
- Creates a maximum tournament entry fee, which may not exceed the maximum amount that could be wagered by a participant in 10 like-kind, non-tournament games which could be as high as $1,000.
SB 0902 - Community Associations by Jones
Community Associations; provides for revival of certain covenants that have lapsed; prohibits local governments from limiting access of certain persons to beaches adjacent to or adjoining condominium property; requires association to provide certain information to prospective purchasers or lienholders; provides for architectural control covenants & parcel owner improvements; revises provisions re dispute resolution, etc. Amends FS. EFFECTIVE DATE: 07/01/2007 except as otherwise provided.
SB 902 provides for revival of certain HOA covenants that have lapsed, prohibits local governments for denying beach access to condo residents and their guests, revises provisions for the declaration of amendments, require meetings dealing with expenditure to funds be open to all members, Increases the period after each fiscal year that an association must prepare and complete the annual financial report, Provides for guarantees of assessments of parcel owners that are not included in the purchase contract and Permits the merger or consolidation of one or more associations.
HB 1047 Slot Machine Gaming by Seiler
Slot Machine Gaming; defines term "nonredeemable credits"; redefines term "slot machine revenues"; exempts slot machine manufacturers & distributors, certain educational facilities, the division, & FDLE from certain prohibitions against possessing slot machines at place other than licensee's facility under certain circumstances; revises prohibition against cashing checks to allow cashing checks outside designated slot machine gaming area, etc. Amends FS. APPROPRIATION: $241,547. EFFECTIVE DATE: Upon becoming law.
HB 1047 makes the following changes to the slots gaming statutes:
- Makes “free spins” which are used as promotional items to be un-taxable.
- Requires a $2 million bond per facility.
- Requires a drug-testing program for all slot machine occupational licensees.
- Allows the division to issue temporary occupational licenses while a criminal background search is performed.
- Requires the annual payment of $3 million for each slot facility license fee to be made on the anniversary date of issuance of the initial license.
- Authorizes the Division to issue one license to combine licenses under Section 551.107, Florida Statutes, with pari-mutuel occupational licenses and cardroom licenses.
- Provides the Division with the authority to not license, fine or otherwise exclude persons from being in the industry.
- Authorizes slot manufacturers and distributors to maintain a slot machine storage and maintenance facility at any location within the county in which slot machine gaming is authorized.
- Authorizes certified educational facilities, the Division & FDLE to maintain slot machines to educate slot machine technicians, inspectors and investigators.
- Increase the maximum number of allowable slot machines from 1,500 slot machines to 2,000 slot machines.
- Authorizes ATMs on the pari-mutuel facility but not within the designated slot machine gaming area of a facility.
- Increases the hours of operation from 16 hours year-round to a cumulative amount of 18 hours per day on Monday through Friday and 24 hours per day on Saturday, Sunday and those holidays specified in Section 110.117(1), Florida Statutes, which are the state holidays.
- Allows limited check cashing for employees and contractors.
- Authorizes progressive systems to be used in conjunction with slot machines within a licensed facility.
- Allows for shipments into Florida of gaming devices, including slot machines, to be legal if the destination is an eligible slot machine facility, manufacturer, or distributor.
SB 1126- Statewide Tobacco Education & Prevention by Peaden
Statewide Tobacco Education & Prevention; requires DOH to conduct statewide tobacco education & use prevention program; creates Tobacco Education & Use Prevention Advisory Council; provides reimbursement for travel & other expenses for council members; requires Secretary of Health to award contracts in consultation with council; provides for appointment of peer-review panel to review proposals for funding; specifies use of funds appropriated under program, etc. Creates 381.84. EFFECTIVE DATE: 07/01/2007.
SB 1126 asks for DBPR’s increased involvement in monitoring the enforcement of laws and policies prohibiting the sales of tobacco to minors as well as the Clean Indoor Act (See Page 5, Starting at line 13).
SB 1822 - Carbon Monoxide Detectors by Garcia
Carbon Monoxide Detectors; requires that certain public lodging establishments be equipped with carbon monoxide sensor devices; specifies approved types of devices; provides requirements for installation of such devices; requires that certain buildings constructed on or after specified date be equipped with carbon monoxide alarms; provides requirements for installation of such devices; requires Fla. Building Commission to adopt rules, etc. Amends Chs. 509, 553. EFFECTIVE DATE: 07/01/2007.
SB 1822 requires that boiler rooms in certain public lodging establishments be equipped with carbon monoxide detectors, specifies all approved types of carbon monoxide devices and installation procedures, requires the Florida Building Commission to adopt rules requiring all buildings constructed after July 1, 2008, having a fossil-fuel-burning heater or appliance, fireplace, or attached garage be equipped with carbon monoxide detectors.
SB 2234 - Regulation of Building Inspection Professionals by Wise
Regulation of Building Inspection Professionals; creates parts XV & XVI, of Miscellaneous Professions & Occupations law, re regulation of home inspectors, mold remediators & mold assessors; authorizes DBPR to establish fees; provides for certification of partnerships & corps. offering home inspection services; requires home inspectors to maintain specified insurance policy; requires certificate of authorization for certain persons & entities practicing home inspections, etc. Amends FS. EFFECTIVE DATE: 07/01/2010.
SB 2234 provides for DBPR to certify and license home and mold inspectors, requires home inspectors provide specified disclosure statements and maintain specified insurance policies.
SB 2484 - Lodging & Food Service Establishments by Haridopolos
Lodging & Food Service Establishments; revises membership provisions of DBPR's Hotels & Restaurants' Division advisory council; revises Hospitality Education Program; replaces director of education with division as administrator of program; revises provisions re administration of program; provides for use of administrative fines, etc. Amends 509.291,.302,.072,.261. EFFECTIVE DATE: 07/01/2007.
SB 2484 allows for the awarding of grants to the Hospitality Education Program and make revisions to the program relating to the administration and training related activities.
HB 7031 - Community Associations by Safety & Security Council
Community Associations; specifies that requirements re acquisition & maintenance of adequate insurance apply to all residential condominiums; provides that common expenses include costs of certain insurance or self-insurance; requires notice of special assessments for certain insurance; requires additional disclosures in contracts for sale or lease of residential units; revises certain requirements for reserve accounts, etc. Amends Ch. 718, 719, 720. EFFECTIVE DATE: Upon becoming law.
HB 7031 provides implementing provisions for associations to participate in self-insurance funds, authorizes homeowners’ and cooperative associations to pool their windstorm insurance coverage, establishes new budget disclosure requirements for condominium and cooperative prospectuses due to increases in insurance premiums, and addresses disclosures and warranties for condominium conversions.
HB 7057- Hurricane Damage Mitigation by Jobs & Entrepreneurship Council
Hurricane Damage Mitigation; redesignates Fla. Comprehensive Hurricane Damage Mitigation Program as My Safe Florida Home Program; revises criteria & requirements for hurricane mitigation inspections; requires that residential structure located in wind-borne debris region have certain opening protections required under Fla. Bldg. Code in order to be eligible for coverage by Citizens Property Insurance Corp., etc. Amends FS. EFFECTIVE DATE: Upon becoming law.
HB 7057 dictates that Hurricane Mitigation Inspectors will be required to take specific education plus submit to a criminal background check and drug screening. Hurricane mitigation inspectors participating in the program on January 25, 2007, shall have until June 1, 2007, to meet the requirements for a criminal record check (See Page 5, Starting at Line 128).
HB 7069 Pari-mutuel Wagering Trust Fund by Jobs & Entrepreneurship Council
Pari-mutuel Wagering Trust Fund; provides for use of certain funds received from regulation of slot machine facilities. Amends 550.135. EFFECTIVE DATE: Upon becoming law.
HB 7069 fixed a glitch that would have left the division with no money to regulate the slots facilities.
HB 7163 - Department of Business & Professional Regulation by Lopez-Cantera
Department of Business & Professional Regulation; authorizes DBPR to contract with certain vendors or enter into interagency agreements to collect electronic fingerprints if fingerprints are required for purposes of certification & licensure; authorizes DBPR to revoke or refuse to issue or renew person's certificate of registration as farm labor contractor if person has been convicted of certain felonies within any period, etc. Amends 450.31, 455.213,.2178, 475.182,.6175, 489.115. EFFECTIVE DATE: Upon becoming law.
HB 7163 allows the department to require and contract for the collection of electronic fingerprints as part of the application process (Pg 2 Lines 42-47), doubles the reporting frequency for CE providers in the last month of the renewal cycle (Pg 2 Lines 59-63), requires a continuing education course in Laws and Rules for licensed contractors (Pg 3 Lines 83-84), allows for a simple credit score to be used as an alternative to determine financial responsibility of CILB applicants (Pg 5 Lines 136-140), requires a background check on new CILB applicants (Pg 6 Lines 143-156), establishes a lifetime ban for farm labor contractors who have committed serious crimes (Pg 9 Lines 227-233), allows for the attendance of a Real Estate Commission meeting to count towards 3hrs of Realtors continuing education (Pg 10 Lines 265-271), and helps re-license certain Real Estate Appraiser Trainees whose licenses have gone null and void
(Pgs 10-11 Lines 276-282).
HB 7183 Rules & Rulemaking by Government Efficiency & Accountability Council
Rules & Rulemaking; redefines term "invalid exercise of delegated legislative authority"; defines terms "law implemented" & "rulemaking authority"; revises guidelines for construction of statutory language granting rulemaking authority; prescribes limits & guidelines re incorporation of material by reference; authorizes Administrative Procedures Committee to request from agencies information to examine unadopted agency statements, etc. Amends Chs. 120, 409, 420. APPROPRIATION: $345,000. EFFECTIVE DATE: 07/01/2007 except as otherwise provided.
HB 7183 defines “law implemented” and “rulemaking authority.” The bill also creates standards and timeframes for rulemaking.
HB 7197- Relating to OGSR/Social Security & Financial Account Numbers
by Government Efficiency & Accountability Council
OGSR/Social Security & Financial Account Numbers; amends provision which provides general exemption from inspection or copying of public records for social security numbers & bank account, debit, charge, & credit card numbers; clarifies penalty provisions; consolidates & revises current public records exemptions applicable to court files; revises date on which automatic redaction of social security numbers & financial account numbers by court clerks is required, etc. Amends Ch. 119, 215.322. EFFECTIVE DATE: 10/01/2007.
HB 7197 requires a state agency to specify in writing the purpose for its collection of an individual’s social security number unless specifically authorized by law to do so.