HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 939 Consumer Protection
SPONSOR(S): Insurance & Banking Subcommittee, Griffitts and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1066
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 14 Y, 4 N, As CS Fortenberry Lloyd
2) State Affairs Committee 16 Y, 4 N Villa Williamson
3) Commerce Committee
SUMMARY ANALYSIS
The bill makes changes related to consumer protection, including:
 Form 1099-K Reporting Requirements: third-party settlement organizations, like PayPal or Apple Pay, that
conduct transactions involving a payee with a Florida address must create a method for payees to identify
transactions for goods and services and report that information to the Florida Department of Revenue.
 Mobile Home Titles: revises the criteria for retirement of a mobile home title by the Department of Highway
Safety and Motor Vehicles (DHSMV) to include retiring the title when there is a recorded mortgage against
the owner’s mobile home and real property; also makes the retirement of mobile home titles by DHSMV
mandatory rather than permissive.
 Contracts for Roof Repairs Following Emergencies: requires that a contractor that enters into a contract
to replace or repair the roof of a residential property during a declared state of emergency by the Governor
include specific language in the contract that allows the property owner to cancel the contract by the earlier
of ten days following execution or the official start date that the work on the roof will commence; the property
owner must send notice of cancellation by certified mail or another form that provides proof of mailing.
 Depository Institutions: expands the definition of depository institution in commercial financing disclosure
law.
 Continuing Education Requirements for Certified Public Accou ntants: requires that the certified public
accountant (CPA) that prepares the audit that an insurer submits to the Office of Insurance Regulation as
part of its annual report must have completed at least four hours of insurance -related continuing education
during each two-year continuing education cycle.
 Public Adjusters: requires that public adjusters’ contracts for property and casualty claims contain the
license numbers of the public adjusting firms by which they are employed; establishes that restrictio ns on
public adjuster compensation apply to coverages provided by condominium associations, cooperative
associations, apartment buildings, and similar policies, including those that cover the common elements of a
homeowners’ association.
 Short-term Health Insurance: updates the disclosures that must be provided to a purchaser of a short -term
plan; also requires that purchasers of short-term plans receive the required disclosures in writing or
electronically, and sign them.
 Loss Assessment Coverage: establishes that a claim resulting from a loss assessment is considered to
have occurred on the date that condominium association sends a loss assessment notice to a unit owner.
 Fireworks Safety Standards: updates the state standards for outdoor display of fireworks to the current
edition of the National Fire Protection Association 1123, Code for Fireworks Displays.
The bill also prohibits an agency from entering into a contract or agreement with an entity that advises censorship or
blacklisting of news sources based on subjective criteria or political biases with the stated goal of fact -checking or
removing misinformation.
The bill has no impact on local government revenues or expenditures or state revenues. It may have an
indeterminate negative impact on state expenditures, and a positive or negative impact on the private sector.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Form 1099-K Reporting Requirements
Background
Section 6050W of the Internal Revenue Code requires certain entities to file a return each year
providing information about payments made by credit card or third-party merchants.1 The return is Form
1099-K, and is required to be filed for each calendar year on or before the last day of February of the
year following the transactions.2
Reportable transactions include any transaction where the payment method is a payment card (credit
card, debit card, or similar) or a third-party payment system (like PayPal or Apple Pay). The return is
filed by the payment settlement entity (e.g., a bank, credit card company, or payment platform like
PayPal) and a copy is provided to dealers who have payment card transactions (credit card sales) of
any amount, or who have third-party payment transactions (e.g., PayPal) in excess of $20,000 over
more than 200 transactions.3 These sales should be included in the payee’s gross income on their tax
returns for the year.
Some states require payment settlement entities to submit a copy of any Form 1099-K related to sales
in that state or for residents of that state, if the IRS already requires the Form 1099-K to be filed.
Examples include Alabama,4 Tennessee,5 North Carolina,6 and New York.7
Since 2020, entities required to file Form 1099-K with the federal government must also file a copy with
the Florida Department of Revenue (DOR) electronically within 30 days of filing the federal return.8 The
copy can be either the exact information filed on the full federal return, or a copy of the information
limited to participating payees with an address in Florida.9
Effect of the Bill
The bill provides that for the purposes of complying with a reporting requirement to the Florida
Department of Revenue, third-party settlement organizations that conduct transactions involving a
participating payee with an address in Florida to create a method for payees to identify whether their
transactions are for goods and services or personal purposes. This will allow taxable transactions
related to goods and services to be readily identifiable and help avoid overpayment or underpayment of
taxes. The information submitted to DOR in Form 1099-K must be limited to transactions identified for
goods and services.
Agency Contracts
Background
Chapter 286, F.S., contains requirements for, and prohibitions on, state and local agencies entering into
contracts or other agreements and prohibits the use of state funds for certain purposes. 10 For example,
certain disclosures are required to be made before a contract to convey property to the state or a local
1 26 U.S. Code s. 6050W.
2 https://www.irs.gov/forms -pubs/about-form-1099-k (last visited Jan. 15, 2024).
3 https://www.irs.gov/businesses/understanding-your-form-1099-k (last visited Jan. 15, 2024).
4 https://www.revenue.alabama.gov/new-1099-k-filing-requirement/ (last visited Jan. 15, 2024).
5 https://www.tn.gov/content/dam/tn/revenue/documents/notices/sales/sales16-01.pdf (last visited Jan. 15, 2024).
6 https://www.ncdor.gov/file-pay/guidance-information-reporting#payment-settlement-entity-(1099k) (last visited Jan. 15, 2024).
7 https://www.tax.ny.gov/bus/multi/reporting_requiremts.htm (last visited Jan. 15, 2024).
8 s. 212.134(1), F.S.
9 Id.
10 See, e.g., ss. 286.31 and 286.311, F.S.
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 governmental entity may be executed and state funds may not be used to convey holiday greeting
cards.11
The Department of Management Services (DMS) oversees state purchasing activities and registers
vendors that wish to provide goods or services to the state. 12 DMS also maintains lists of vendors who
may not submit bids, proposals, or replies to agency requests for proposals. Vendors who are in default
of or otherwise repeatedly demonstrate an inability to fulfill the terms and conditions of state contracts
are placed on the suspended vendor list. Contracts cannot be awarded to such vendors until the vendor
reimburses the agency for the costs of re-procurement.13 Currently, there are five vendors on the
suspended vendor list.14
Over the past several years, a multitude of companies whose stated purpose is to rate the credibility
and transparency of news sources and counter misinformation have been established. These include
NewsGuard,15 AdFontes Media,16 and Cyabra.17 Among other things, subscribers to these services may
rely on them when considering where to place advertisements or in other business decision-making.
The National Defense Authorization Act for Fiscal Year 2024 requires an entity to certify to the
Secretary of Defense that the entity does not place advertisements in news sources based on personal
or institutional political preferences or biases, or determination of misinformation, before the
Department of Defense may enter into a contract with the entity for placing military recruitment
advertisements. In addition, each time the Department of Defense enters into such a contract with
NewsGuard or a similar entity the Secretary of Defense must submit a notification to the congressional
defense committees and congressional leadership explaining how the entities are used. 18
Currently, there does not appear to be any state contracts with NewsGuard or a similar entity. 19
Effect of the Bill
The bill prohibits an agency from entering into a contract or other agreement with an entity that advises
censorship or blacklisting of news sources based on subjective criteria or political biases with the stated
goal of fact-checking or removing misinformation.20 The bill does not define the term “agency.” As such,
it is unclear whether the contracting prohibition applies to state agencies only or to local governments,
too.
Mobile Home Titles
Background
Florida law contains a process by which the owner of a mobile home that is permanently affixed to real
property owned by the same person may permanently retire the title to the mobile home that is issued
11
Ss. 286.23 and 286.27, F.S.
12 Ss. 287.032 and 287.042, F.S. See also Department of Management Services, Vendor Registration and Vendor Lists,
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_list s
(last visited February 8, 2024).
13 S. 287.1351, F.S.
14
Department of Management Services, Suspended Vendor List,
https://www.dms.myflorida.com/business_operations/state_purchasing/state_agency_resources/vendor_registration_and_vendor_lists/
suspended_vendor_list (last visited February 12, 2024).
15 NewGuard’s website states that it “provides transparent tools to counter misinformation for readers, b rands, and democracies.”
NewsGuard, Ab out NewsGuard, https://www.newsguardtech.com/about-newsguard/ (last visited Jan. 15, 2024).
16 AdFontes Media advertises that it helps users “know the relia bility and bias of the news” and is the “home of the media bias chart,” a
trademarked tool for evaluating the news. AdFontes Media, https://adfontesmedia.com/ (last visited Jan. 15, 2024).
17 Cyabra “uncovers threats to…[companies, products,] people and places by exposing malicious actors, disinformation, and bot
networks.” Cyabra, https://cyabra.com/ (last visited Jan. 15, 2024).
18 National Defense Authorization Act for Fiscal Year 2024, Pub. L. No. 118-31 (12/22/2023), § 1555.
19 See Florida Accountability Contract Tracking System, Main Search, https://facts.fldfs.com/Search/ContractSearch.aspx (last visited
February 7, 2024).
20 This prohibition would apply to entities like NewsGuard and its competitors.
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 by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). 21 The title may be retired if
the owner of the real property records the following documents in the official records of the clerk of
court in the county in which the real property is located:
 Original title to the mobile home, including a description of the mobile home with the model,
year, make, width, length and vehicle identification number, and a statement from any recorded
lienholder on the title that the lien has been released or will be released upon retirement of the
title;
 A legal description of the real property and a copy of any lease agreements for that real
property; and
 A sworn statement by the owner of the real property, as shown on the deed or lease, that he or
she is the owner of the mobile home and that the mobile home is permanently affixed to the real
property.22
A mobile home whose title has been retired shall be conveyed by deed or real estate contract and
transferred with the property to which it is affixed.23
Effect of the Bill
The bill adds an alternative to the current retirement criteria. It requires the DHSMV to retire the title of
a mobile home when there is a recorded mortgage against the owner’s mobile home and real property.
Adding this provision may provide mobile home owners with access to more lenders that are willing to
provided mortgages for mobile homes by consolidating proof of ownership into a single document, i.e.,
the deed, rather than the deed and a mobile home title.
The bill also makes the retirement of mobile home titles by the DHSMV mandatory rather than
permissive.
Contracts for Roof Repairs Following Emergencies
Background
The Florida Office of Insurance Regulation (OIR) reported a significant increase in the number of roof
damage claims, many of which include litigation.24 These roof damage claims include claims made by
residential property owners after being solicited to file an insurance claim that they may not otherwise
have filed but for the promise of a new roof at no cost to the property owner. 25 As such, the Legislature
limited certain insurance practices by contractors and unlicensed persons acting on their behalf. 26
A contractor may not enter into a contract with a residential property owner to repair or replace a roof
without including notice in the contract that the contractor is prohibited from engaging in certain acts,
including offering a rebate or other thing of value in exchange for making an insurance claim for
damage to the property owner’s roof.27 If the contractor fails to include the notice in the contract, the
property owner may void the contract within 10 days of its execution.28 However, current law does not
provide any requirements regarding cancellation of a contract executed during a declared state of
emergency.
21 S. 319.261, F.S. For a typical “stick-built” home a deed transfers title from one owner to another. However, a mobile home generally
has a Certificate of Title issued by the DHSMV. See, e.g., Lee County Tax Collector, Mob ile Home Titles and Registrations,
https://leetc.com/mobile-home-titles-and-
registrations/#:~:text=Proof%20of%20ownership%20to%20a,the%20title%20has%20been%20retired (last visited Jan. 15, 2024).
22 S. 319.261(2), F.S.
23 S. 319.261(5), F.S.
24 Report from David Altmaier, Florida Insurance Commissioner, to Chair Blaise Ingoglia, Commerce Committee, regarding cost drivers
affecting Florida’s insurance rates, p. 7 (Feb. 24, 2021), https://www.floir.com/siteDocuments/CommerceCommitteeDataRequest.pdf
(last visited February 7, 2024).
25 Id. A “free” roof replacement may be achieved by giving a residential property owner whose policy provides for replacement cost
coverage for a roof a gift card or something else valued at the amount of the deductible under the policy so that the entire cost of a new
roof is paid by the insurer and the individual soliciting the residential property owner.
26 See ch. 2021-77, Laws of Fla.
27 S. 489.147(2), F.S.
28 S. 489.147(2)(b) and (5), F.S.
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 Effect of the Bill
The bill requires that a contractor that enters into a contract to replace or repair the roof of a residential
property during a declared state of emergency by the Governor 29 must include specific language in the
contract that allows the residential property owner to cancel the contract by the earlier of:
 Ten days following the contract execution; or
 The official start date that the work on the roof will commence.
If the contract does not contain an official start date, it may be canceled within ten days following
execution.
The bill requires that the residential property owner send notice of cancellation of such contract to the
address specified in the contract by certified mail, return receipt requested, or another form of mailing
that provides proof of mailing.
Depository Institutions
Background
In 2023, the Legislature enacted the Florida Commercial F