Florida Senate - 2025                                     SB 854
       
       
        
       By Senator Ingoglia
       
       
       
       
       
       11-00182A-25                                           2025854__
    1                        A bill to be entitled                      
    2         An act relating to consumer protection; creating s.
    3         501.0195, F.S.; defining the term “unlicensed vendor”;
    4         requiring an unlicensed vendor providing home repair
    5         services to take certain actions within a specified
    6         timeframe after receiving payment, except under
    7         certain circumstances; requiring the homeowner or
    8         homeowner’s representative to make a written demand in
    9         a letter to the unlicensed vendor under certain
   10         circumstances; providing requirements for such letter;
   11         providing a presumption against the existence of just
   12         cause; prohibiting an unlicensed vendor who has
   13         received money in excess of the value of the work
   14         performed from failing to perform such work within a
   15         specified period of time; providing elements of prima
   16         facie evidence that an unlicensed vendor received
   17         money in excess of the value of the work performed;
   18         providing requirements for proper notification of
   19         contract termination; requiring the homeowner or the
   20         homeowner’s representative to draft and send a letter
   21         containing a written demand if the unlicensed vendor
   22         fails to take certain action; providing requirements
   23         for such letter; providing a presumption against the
   24         existence of just cause; providing that the burden is
   25         on the unlicensed vendor to rebut this presumption;
   26         providing for prosecution of violations; providing
   27         that a specified claim on the part of the unlicensed
   28         vendor is not a defense to prosecution; providing
   29         criminal penalties; amending s. 501.022, F.S.;
   30         revising an exemption from permitting requirements for
   31         certain solicitors, salespersons, and agents;
   32         providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Section 501.0195, Florida Statutes, is created
   37  to read:
   38         501.0195Home repairs by unlicensed vendors.—
   39         (1) For the purposes of this section, the term “unlicensed
   40  vendor” means a person who:
   41         (a) Provides or promises to provide services related to a
   42  residential home or the extended parcel of land on which the
   43  home is located, including, but not limited to, driveways,
   44  lawns, trees, gardens, landscaping areas, walls, fences, or
   45  other vegetation or fixtures located thereon; and
   46         (b) Is not a contractor as defined in s. 489.105.
   47         (2)(a) An unlicensed vendor who receives money as an
   48  initial payment for performance of services must do both of the
   49  following:
   50         1.Unless the work does not require a permit under the
   51  applicable codes and ordinances, apply for permits necessary to
   52  complete the work within 30 days after the date payment is made;
   53  and
   54         2.If no permit is required, initiate the work within 30
   55  days after the date of payment for the work or, if one or more
   56  permits are required, within 30 days after the issuance of such
   57  permits.
   58         (b) Paragraph (a) does not apply to an unlicensed vendor
   59  who demonstrates just cause for his or her failure to apply for
   60  necessary permits, initiate work, or refund a payment or when
   61  the person who made an initial payment for the performance of
   62  home repair services agreed, in writing, to a longer timeframe
   63  for such application, initiation of work, or issuance of a
   64  refund.
   65         (c)1.If an unlicensed vendor fails to comply with the
   66  requirements of paragraph (a), the homeowner or the homeowner’s
   67  representative must make a written demand in a letter to the
   68  unlicensed vendor which includes a demand to apply for the
   69  necessary permits, to complete the work, or to refund the
   70  payment. Such letter must be sent by certified mail, with a
   71  return receipt requested, mailed to the address of the
   72  unlicensed vendor as listed in the contracting agreement. If
   73  there is no address for the unlicensed vendor listed in the
   74  contracting agreement, or if no written agreement exists, the
   75  homeowner or the homeowner’s representative must mail the
   76  written demand letter to the address listed on the unlicensed
   77  vendor’s business card. If no business card is provided, the
   78  homeowner or the homeowner’s representative must mail the
   79  written demand letter to the last known address of the
   80  unlicensed vendor.
   81         2.There is a presumption that an unlicensed vendor does
   82  not have just cause if he or she fails to apply for the
   83  necessary permits, start the work, or refund payments within 30
   84  days after receipt of a written demand from the person who made
   85  the payment to apply for the necessary permits, start the work
   86  or refund the payment.
   87         (3)(a)An unlicensed vendor who receives money to perform
   88  home repair services in excess of the value of the work actually
   89  performed shall perform all contracted work and may not refuse
   90  to perform such work for any 30-day period or for such other
   91  period of time that was mutually agreed upon and specified in
   92  the contract.
   93         (b)If the unlicensed vendor fails to comply with paragraph
   94  (a), the homeowner or the homeowner’s representative must make a
   95  written demand to the unlicensed vendor in the form of a letter
   96  that includes a demand to perform work or to refund money
   97  received in excess of the value of the work performed. Such
   98  letter must be sent by certified mail, return receipt requested,
   99  to the address of the unlicensed vendor as specified in the
  100  contracting agreement. If no address for the unlicensed vendor
  101  is specified in the contracting agreement, or if no written
  102  agreement exists, the homeowner or homeowner’s representative
  103  must mail the written demand letter to the address specified on
  104  the unlicensed vendor’s business card or, if no business card is
  105  provided to the homeowner or homeowner’s representative, the
  106  last known address of the unlicensed vendor.
  107         (c)The following constitutes prima facie evidence that the
  108  unlicensed vendor received money to provide services in an
  109  amount that exceeds the value of the work he or she performed:
  110         1.The unlicensed vendor failed to perform the work for
  111  which he or she was contracted, for a period of 30 days or more
  112  or for such other period of time as was mutually agreed upon and
  113  specified in the contract;
  114         2.The failure to timely perform such work was not related
  115  to the homeowner’s termination of the contract or a material
  116  breach of the contract by the homeowner; and
  117         3.The unlicensed vendor’s failure to perform such work for
  118  such period was without just cause or was due to his or her
  119  improper termination of the contract without proper notification
  120  to the homeowner.
  121         a.Proper notification to the homeowner of termination of
  122  the contract requires that an unlicensed vendor issue a letter
  123  to the homeowner or the homeowner’s representative which
  124  includes the reason for termination of the contract or for
  125  failure to perform. Such letter must be sent by certified mail,
  126  return receipt requested, to the address of the homeowner listed
  127  in the contracting agreement. If no written agreement exists,
  128  the letter must be mailed to the address where the work was to
  129  be performed or, if applicable, to the address specified on the
  130  permit.
  131         b.There is a presumption that an unlicensed vendor does
  132  not have just cause for his or her action or inaction if he or
  133  she fails to perform the work or refund the money received in
  134  excess of the value of the work performed within 30 days after
  135  receiving such written demand. The burden is on the unlicensed
  136  vendor to rebut this presumption.
  137         (4)A violation of paragraph (2)(a) or paragraph (3)(a)
  138  must be prosecuted in accordance with the following:
  139         (a)The required intent to prove a criminal violation may
  140  be shown to exist at the time that the unlicensed vendor
  141  appropriated the money to his or her own use and is not required
  142  to be proven to exist at the time of receiving the money from
  143  the homeowner or at the time the homeowner paid the unlicensed
  144  vendor.
  145         (b)There is a presumption that an unlicensed vendor
  146  intended to deprive the homeowner of the right to the money owed
  147  or the benefit from such money and that the unlicensed vendor
  148  appropriated the money for his or her own use, or to another
  149  person not entitled to the use of the money, if the unlicensed
  150  vendor fails to refund any portion of the money owed within 30
  151  days after receiving a written demand for such money from the
  152  homeowner.
  153         (c)In a prosecution for a violation of this section, the
  154  claim that the unlicensed vendor intended to return the money
  155  owed is not a defense.
  156         (5)A person who violates paragraph (2)(a) commits:
  157         (a)A misdemeanor of the first degree, punishable as
  158  provided in s. 775.082 or s. 775.083, if the total money
  159  received is less than $1,000.
  160         (b)A felony of the third degree, punishable as provided in
  161  s. 775.082, s. 775.083, or s. 775.084, if the total money
  162  received is less than $1,000 and the unlicensed vendor has
  163  committed a second or subsequent violation of paragraph (2)(a)
  164  within a 3-year period.
  165         (c)A felony of the third degree, punishable as provided in
  166  s. 775.082, s. 775.083, or s. 775.084, if the total money
  167  received is greater than or equal to $1,000 but less than
  168  $20,000.
  169         (d)A felony of the second degree, punishable as provided
  170  in s. 775.082, s. 775.083, or s. 775.084, if the total money
  171  received is $20,000 or more but less than $200,000.
  172         (e)A felony of the first degree, punishable as provided in
  173  s. 775.082, s. 775.083, or s. 775.084, if the total money
  174  received is $200,000 or more.
  175         (6)A person who violates paragraph (3)(a) commits:
  176         (a)A misdemeanor of the first degree, punishable as
  177  provided in s. 775.082 or s. 775.083, if the total money
  178  received is less than $1,000.
  179         (b)A felony of the third degree, punishable as provided in
  180  s. 775.082, s. 775.083, or s. 775.084, if the total money
  181  received is less than $1,000 and the unlicensed vendor has had
  182  more than one violation of paragraph (3)(a) within a 3-year
  183  period.
  184         (c)A felony of the third degree, punishable as provided in
  185  s. 775.082, s. 775.083, or s. 775.084, if the total money
  186  received is greater than or equal to $1,000 but less than
  187  $20,000.
  188         (d)A felony of the second degree, punishable as provided
  189  in s. 775.082, s. 775.083, or s. 775.084, if the total money
  190  received is $20,000 or more but less than $200,000.
  191         (e)A felony of the first degree, punishable as provided in
  192  s. 775.082, s. 775.083, or s. 775.084, if the total money
  193  received is $200,000 or more.
  194         Section 2. Subsection (1) of section 501.022, Florida
  195  Statutes, is amended to read:
  196         501.022 Home solicitation sale; permit required.—
  197         (1)(a) It is unlawful for a any person to conduct a any
  198  home solicitation sale, as defined in s. 501.021, or to
  199  supervise excluded minors conducting such sales provided in
  200  subparagraph (b)5., in this state without first obtaining a
  201  valid home solicitation sale permit as provided in this section.
  202         (b) The following are excluded from the operation of This
  203  section does not apply to any of the following:
  204         1. Bona fide agents, business representatives, or
  205  salespersons making calls or soliciting orders at the usual
  206  place of business of a customer regarding products or services
  207  for use in connection with the customer’s business.
  208         2. Solicitors, salespersons, or agents making a call or
  209  business visit upon the express invitation, oral or written, of
  210  an inhabitant of the premises or her or his agent.
  211         3. Telephone solicitors, salespersons, or agents making
  212  calls which involve transactions that are unsolicited by the
  213  consumer and consummated by telephone and without any other
  214  contact between the buyer and the seller or its representative
  215  before prior to delivery of the goods or performance of the
  216  services.
  217         4. Solicitors, salespersons, or agents conducting a sale,
  218  lease, or rental of consumer goods or services by sample,
  219  catalog, or brochure for future delivery. For purposes of this
  220  subparagraph, a business card does not constitute a sample,
  221  catalog, or brochure.
  222         5. Minors, as defined in s. 1.01(13), conducting home
  223  solicitation sales under the supervision of an adult supervisor
  224  who holds a valid home solicitation sale permit. Minors excluded
  225  from operation of this section must, however, carry personal
  226  identification which includes their full name, date of birth,
  227  residence address, and employer and the name and permit number
  228  of their adult supervisor.
  229         6. Those sellers or their representatives that are
  230  currently regulated as to the sale of goods and services by
  231  chapter 475 or chapter 497.
  232         7. Solicitors, salespersons, or agents making calls or
  233  soliciting orders on behalf of a religious, charitable,
  234  scientific, educational, or veterans’ institution or
  235  organization holding a sales tax exemption certificate under s.
  236  212.08(7).
  237         Section 3. This act shall take effect July 1, 2025.