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 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.