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: 38 501.0195 Home 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 aanyperson to conduct aany198 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 ofThis 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 beforeprior todelivery 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.