Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1114
Ì447528DÎ447528
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/06/2018 .
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The Committee on Commerce and Tourism (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 128 - 283
4 and insert:
5 Section 2. Subsection (13) of section 326.004, Florida
6 Statutes, is amended to read:
7 326.004 Licensing.—
8 (13) Each broker must maintain a principal place of
9 business in this state and may establish branch offices in the
10 state. A separate license must be maintained for each branch
11 office. The division shall establish by rule a fee not to exceed
12 $100 for each branch office license.
13 Section 3. Subsection (3) of section 447.02, Florida
14 Statutes, is amended to read:
15 447.02 Definitions.—The following terms, when used in this
16 chapter, shall have the meanings ascribed to them in this
17 section:
18 (3) The term “department” means the Department of Business
19 and Professional Regulation.
20 Section 4. Section 447.04, Florida Statutes, is repealed.
21 Section 5. Section 447.041, Florida Statutes, is repealed.
22 Section 6. Section 447.045, Florida Statutes, is repealed.
23 Section 7. Section 447.06, Florida Statutes, is repealed.
24 Section 8. Subsections (6) and (8) of section 447.09,
25 Florida Statutes, are amended to read:
26 447.09 Right of franchise preserved; penalties.—It shall be
27 unlawful for any person:
28 (6) To act as a business agent without having obtained and
29 possessing a valid and subsisting license or permit.
30 (8) To make any false statement in an application for a
31 license.
32 Section 9. Section 447.12, Florida Statutes, is repealed.
33 Section 10. Section 447.16, Florida Statutes, is repealed.
34 Section 11. Subsection (4) of section 447.305, Florida
35 Statutes, is amended to read:
36 447.305 Registration of employee organization.—
37 (4) Notification of registrations and renewals of
38 registration shall be furnished at regular intervals by the
39 commission to the Department of Business and Professional
40 Regulation.
41 Section 12. Present subsections (3) through (12) of section
42 455.213, Florida Statutes, are redesignated as subsections (4)
43 through (13), respectively, subsection (2) of that section is
44 amended, and a new subsection (3) is added to that section, to
45 read:
46 455.213 General licensing provisions.—
47 (2) Before the issuance of any license, the department may
48 charge an initial license fee as determined by rule of the
49 applicable board or, if no such board exists, by rule of the
50 department. Upon receipt of the appropriate license fee, except
51 as provided in subsection (4) (3), the department shall issue a
52 license to any person certified by the appropriate board, or its
53 designee, or the department when there is no board, as having
54 met the applicable requirements imposed by law or rule. However,
55 an applicant who is not otherwise qualified for licensure is not
56 entitled to licensure solely based on a passing score on a
57 required examination. Upon a determination by the department
58 that it erroneously issued a license, or upon the revocation of
59 a license by the applicable board, or by the department when
60 there is no board, the licensee must surrender his or her
61 license to the department.
62 (3)(a) Notwithstanding any other provision of law, the
63 board shall use the process in this subsection for review of an
64 applicant’s criminal record to determine his or her eligibility
65 for licensure as a:
66 1. Barber under chapter 476;
67 2. Cosmetologist or cosmetology specialist under chapter
68 477; or
69 3. Any of the following construction professions under
70 chapter 489:
71 a. Air-conditioning contractor;
72 b. Electrical contractor;
73 c. Mechanical contractor;
74 d. Plumbing contractor;
75 e. Pollutant storage systems contractor;
76 f. Roofing contractor;
77 g. Septic tank contractor;
78 h. Sheet metal contractor;
79 i. Solar contractor;
80 j. Swimming pool and spa contractor;
81 k. Underground utility and excavation contractor; and
82 l. Other specialty contractors.
83 (b) A conviction for a crime more than 5 years before the
84 date of the application may not be grounds for denial of a
85 license specified in paragraph (a). For purposes of this
86 paragraph, the term “conviction” means a determination of guilt
87 that is the result of a plea or trial, regardless of whether
88 adjudication is withheld.
89 (c)1. A person may apply for a license before his or her
90 lawful release from confinement or supervision. The department
91 may not charge an applicant an additional fee for being confined
92 or under supervision. The board may not deny an application for
93 a license solely on the basis of the applicant’s current
94 confinement or supervision.
95 2. After a license application is approved, the board may
96 stay the issuance of a license until the applicant is lawfully
97 released from confinement or supervision and the applicant
98 notifies the board of such release. The board must verify the
99 applicant’s release with the Department of Corrections before it
100 issues a license.
101 3. If an applicant is unable to appear in person due to his
102 or her confinement or supervision, the board must permit the
103 applicant to appear by teleconference or video conference, as
104 appropriate, at any meeting of the board or other hearing by the
105 agency concerning his or her application.
106 4. If an applicant is confined or under supervision, the
107 Department of Corrections and the board shall cooperate and
108 coordinate to facilitate the appearance of the applicant at a
109 board meeting or agency hearing in person, by teleconference, or
110 by video conference, as appropriate.
111 (d) The board shall adopt rules specifying the crimes that,
112 if committed, and regardless of adjudication, do not relate to
113 the practice of the profession or the ability to practice the
114 profession and do not constitute grounds for denial of a
115 license.
116 (e) The board shall adopt rules specifying the crimes that,
117 if committed, and regardless of adjudication, relate to the
118 practice of the profession or the ability to practice the
119 profession and may constitute grounds for denial of a license.
120 Section 13. Present subsections (2) through (8) of section
121 464.203, Florida Statutes, are redesignated as subsections (3)
122 through (9), respectively, and a new subsection (2) is added to
123 that section, to read:
124 464.203 Certified nursing assistants; certification
125 requirement.—
126 (2)(a)1. Except as provided in s. 435.07(4), a conviction
127 for a crime more than 7 years before the date of the application
128 may not be grounds for denial of a certificate to practice as a
129 certified nursing assistant.
130 2. Except as provided in s. 435.07(4), a conviction for a
131 crime more than 7 years before the date of the application may
132 not be grounds for failure of a required background screening.
133 3. For purposes of this paragraph, the term “conviction”
134 means a determination of guilt that is the result of a plea or
135 trial, regardless of whether adjudication is withheld.
136 (b)1. A person may apply for a certificate to practice as a
137 certified nursing assistant before his or her lawful release
138 from confinement or supervision. The department may not charge
139 an applicant an additional fee for being confined or under
140 supervision. The board may not deny an application for a
141 certificate solely on the basis of the person’s current
142 confinement or supervision.
143 2. After a certification application is approved, the board
144 may stay the issuance of a certificate until the applicant
145 notifies the board of his or her lawful release from confinement
146 or supervision. The board must verify the applicant’s release
147 with the Department of Corrections before it issues a license.
148 3. If an applicant is unable to appear in person due to his
149 or her confinement or supervision, the board must permit the
150 applicant to appear by teleconference or video conference, as
151 appropriate, at any meeting of the board or other hearing by the
152 agency concerning his or her application.
153 4. If an applicant is confined or under supervision, the
154 Department of Corrections and the board shall cooperate and
155 coordinate to facilitate the appearance of the applicant at a
156 board meeting or agency hearing in person, by teleconference, or
157 by video conference, as appropriate.
158 (d) The board shall adopt rules specifying the crimes that,
159 if committed, and regardless of adjudication, do not relate to
160 the practice of the profession or the ability to practice the
161 profession and do not constitute grounds for denial of a
162 certification.
163 (e) The board shall adopt rules specifying the crimes that,
164 if committed, and regardless of adjudication, relate to the
165 practice of the profession or the ability to practice the
166 profession and may constitute grounds for denial of a
167 certification.
168 Section 14. Subsection (4) of section 400.211, Florida
169 Statutes, is amended to read:
170 400.211 Persons employed as nursing assistants;
171 certification requirement.—
172 (4) When employed by a nursing home facility for a 12-month
173 period or longer, a nursing assistant, to maintain
174 certification, shall submit to a performance review every 12
175 months and must receive regular inservice education based on the
176 outcome of such reviews. The inservice training must meet all of
177 the following requirements:
178 (a) Be sufficient to ensure the continuing competence of
179 nursing assistants and must meet the standard specified in s.
180 464.203(8). s. 464.203(7);
181 (b) Include, at a minimum:
182 1. Techniques for assisting with eating and proper feeding;
183 2. Principles of adequate nutrition and hydration;
184 3. Techniques for assisting and responding to the
185 cognitively impaired resident or the resident with difficult
186 behaviors;
187 4. Techniques for caring for the resident at the end-of
188 life; and
189 5. Recognizing changes that place a resident at risk for
190 pressure ulcers and falls.; and
191 (c) Address areas of weakness as determined in nursing
192 assistant performance reviews and may address the special needs
193 of residents as determined by the nursing home facility staff.
194
195 Costs associated with this training may not be reimbursed from
196 additional Medicaid funding through interim rate adjustments.
197 Section 15. Paragraphs (a) and (e) of subsection (2),
198 subsection (3), paragraph (b) of subsection (4), and subsection
199 (6) of section 469.006, Florida Statutes, are amended to read:
200 469.006 Licensure of business organizations; qualifying
201 agents.—
202 (2)(a) If the applicant proposes to engage in consulting or
203 contracting as a partnership, corporation, business trust, or
204 other legal entity, or in any name other than the applicant’s
205 legal name, the legal entity must apply for licensure through a
206 qualifying agent or the individual applicant must apply for
207 licensure under the fictitious name of the business
208 organization.
209 (e) A The license, when issued upon application of a
210 business organization, must be in the name of the qualifying
211 agent business organization, and the name of the business
212 organization qualifying agent must be noted on the license
213 thereon. If there is a change in any information that is
214 required to be stated on the application, the qualifying agent
215 business organization shall, within 45 days after such change
216 occurs, mail the correct information to the department.
217 (3) The qualifying agent must shall be licensed under this
218 chapter in order for the business organization to be qualified
219 licensed in the category of the business conducted for which the
220 qualifying agent is licensed. If any qualifying agent ceases to
221 be affiliated with such business organization, the agent shall
222 so inform the department. In addition, if such qualifying agent
223 is the only licensed individual affiliated with the business
224 organization, the business organization shall notify the
225 department of the termination of the qualifying agent and has
226 shall have 60 days after from the date of termination of the
227 qualifying agent’s affiliation with the business organization in
228 which to employ another qualifying agent. The business
229 organization may not engage in consulting or contracting until a
230 qualifying agent is employed, unless the department has granted
231 a temporary nonrenewable license to the financially responsible
232 officer, the president, the sole proprietor, a partner, or, in
233 the case of a limited partnership, the general partner, who
234 assumes all responsibilities of a primary qualifying agent for
235 the entity. This temporary license only allows shall only allow
236 the entity to proceed with incomplete contracts.
237 (4)
238 (b) Upon a favorable determination by the department, after
239 investigation of the financial responsibility, credit, and
240 business reputation of the qualifying agent and the new business
241 organization, the department shall issue, without any
242 examination, a new license in the qualifying agent’s business
243 organization’s name, and the name of the business organization
244 qualifying agent shall be noted thereon.
245 (6) Each qualifying agent shall pay the department an
246 amount equal to the original fee for licensure of a new business
247 organization. if the qualifying agent for a business
248 organization desires to qualify additional business
249 organizations., The department shall require the agent to
250 present evidence of supervisory ability and financial
251 responsibility of each such organization. Allowing a licensee to
252 qualify more than one business organization must shall be
253 conditioned upon the licensee showing that the licensee has both
254 the capacity and intent to adequately supervise each business
255 organization. The department may shall not limit the number of
256 business organizations that which the licensee may qualify
257 except upon the licensee’s failure to provide such information
258 as is required under this subsection or upon a finding that the
259 such information or evidence as is supplied is incomplete or
260 unpersuasive in showing the licensee’s capacity and intent to
261 comply with the requirements of this subsection. A qualification
262 for an additional business organization may be revoked or
263 suspended upon a finding by the department that the licensee has
264 failed in the licensee’s responsibility to adequately supervise
265 the operations of the business organization. Failure to
266 adequately supervise the operations of a business organization
267 is shall be grounds for denial to qualify additional business
268 organizations.
269 Section 16. Subsection (1) of section 469.009, Florida
270 Statutes, is amended to read:
271 469.009 License revocation, suspension, and denial of
272 issuance or renewal.—
273 (1) The department may revoke, suspend, or deny the
274 issuance or renewal of a license; reprimand, censure, or place
275 on probation any contractor, consultant, or financially
276 responsible officer, or business organization; require financial
277 restitution to a consumer; impose an administrative fine not to
278 exceed $5,000 per violation; require continuing education; or
279 assess costs associated with any investigation and prosecution
280 if the contractor or consultant, or business organization or
281 officer or agent thereof, is found guilty of any of the
282 following acts:
283 (a) Willfully or deliberately disregarding or violating the
284 health and safety standards of the Occupational Safety and
285 Health Act of 1970, the Construction Safety Act, the National
286 Emission Standards for Asbestos, the Environmental Protection
287 Agency Asbestos Abatement Projects Worker Protection Rule, the
288 Florida Statutes or rules promulgated thereunder, or any
289 ordinance enacted by a political subdivision of this state.
290 (b) Violating any provision of chapter 455.
291 (c) Failing in any material respect to comply with the
292 provisions of this chapter or any rule promulgated hereunder.
293 (d) Acting in the capacity of an asbestos contractor or
294 asbestos consultant under any license issued under this chapter
295 except in the name of the licensee as set forth on the issued
296 license.
297 (e) Proceeding on any job without obtaining all applicable
298 approvals, authorizations, permits, and inspections.
299 (f) Obtaining a license by fraud or misrepresentation.
300 (g) Being convicted or found guilty of, or entering a plea
301 of nolo contendere to, regardless of adjudication, a crime in
302 any jurisdiction which directly relates to the practice of
303 asbestos consulting or contracting or the ability to practice
304 asbestos consulting or contracting.
305 (h) Knowingly violating any building code, lifesafety code,
306 or county or municipal ordinance relating to the practice of
307 asbestos consulting or contracting.
308 (i) Performing any act which assists a person or entity in
309 engaging in the prohibited unlicensed practice of asbestos
310 consulting or contracting, if the licensee knows or has
311 reasonable grounds to know that the person or entity was
312 unlicensed.
313 (j) Committing mismanagement or misconduct in the practice
314 of contracting that causes financial harm to a customer.
315 Financial mismanagement or misconduct occurs when:
316 1. Valid liens have been recorded against the property of a
317 contractor’s customer for supplies or services ordered by the
318 contractor for the customer’s job; the contractor has received
319 funds from the customer to pay for the supplies or services; and
320 the contractor has not had the liens removed from the property,
321 by payment or by bond, within 75 days after the date of such
322 liens;
323 2. The contractor has abandoned a customer’s job and the
324 percentage of completion is less than the percentage of the
325 total contract price paid to the contractor as of the time of
326 abandonment, unless the contractor is entitled to retain such
327 funds under the terms of the contract or refunds the excess
328 funds within 30 days after the date the job is abandoned; or
329 3. The contractor’s job has been completed, and it is shown
330 that the customer has had to pay more for the contracted job
331 than the original contract price, as adjusted for subsequent
332 change orders, unless such increase in cost was the result of
333 circumstances beyond the control of the contractor, was the
334 result of circumstances caused by the customer, or was otherwise
335 permitted by the terms of the contract between the contractor
336 and the customer.
337 (k) Being disciplined by any municipality or county for an
338 act or violation of this chapter.
339 (l) Failing in any material respect to comply with the
340 provisions of this chapter, or violating a rule or lawful order
341 of the department.
342 (m) Abandoning an asbestos abatement project in which the
343 asbestos contractor is engaged or under contract as a
344 contractor. A project may be presumed abandoned after 20 days if
345 the contractor terminates the project without just cause and
346 without proper notification to the owner, including the reason
347 for termination; if the contractor fails to reasonably secure
348 the project to safeguard the public while work is stopped; or if
349 the contractor fails to perform work without just cause for 20
350 days.
351 (n) Signing a statement with respect to a project or
352 contract falsely indicating that the work is bonded; falsely
353 indicating that payment has been made for all subcontracted
354 work, labor, and materials which results in a financial loss to
355 the owner, purchaser, or contractor; or falsely indicating that
356 workers’ compensation and public liability insurance are
357 provided.
358 (o) Committing fraud or deceit in the practice of asbestos
359 consulting or contracting.
360 (p) Committing incompetency or misconduct in the practice
361 of asbestos consulting or contracting.
362 (q) Committing gross negligence, repeated negligence, or
363 negligence resulting in a significant danger to life or property
364 in the practice of asbestos consulting or contracting.
365 (r) Intimidating, threatening, coercing, or otherwise
366 discouraging the service of a notice to owner under part I of
367 chapter 713 or a notice to contractor under chapter 255 or part
368 I of chapter 713.
369 (s) Failing to satisfy, within a reasonable time, the terms
370 of a civil judgment obtained against the licensee, or the
371 business organization qualified by the licensee, relating to the
372 practice of the licensee’s profession.
373
374 For the purposes of this subsection, construction is considered
375 to be commenced when the contract is executed and the contractor
376 has accepted funds from the customer or lender.
377 Section 17. Subsections (2) and (3) of section 476.034,
378 Florida Statutes, are amended, and subsections (6) and (7) are
379 added to that section, to read:
380 476.034 Definitions.—As used in this act:
381 (2) “Barbering” means any of the following practices when
382 done for remuneration and for the public, but not when done for
383 the treatment of disease or physical or mental ailments:
384 shaving, cutting, trimming, coloring, shampooing, arranging,
385 dressing, curling, or waving the hair or beard or applying oils,
386 creams, lotions, or other preparations to the face, scalp, or
387 neck, either by hand or by mechanical appliances, and includes
388 any services defined as restricted barbering.
389 (3) “Barbershop” means any place of business wherein the
390 practice of barbering or restricted barbering is carried on.
391 (6) “Restricted barber” means a person who is licensed to
392 engage in the practice of restricted barbering in this state
393 under the authority of this chapter and is subject to the same
394 requirements and restrictions as a barber, except as
395 specifically provided in s. 476.114.
396 (7) “Restricted barbering” means any of the following
397 practices when done for remuneration and for the public, but not
398 when done for the treatment of disease or physical or mental
399 ailments:
400 (a) Hair cutting and styling, including the application of
401 hair tonics and hair spray, but not including the application of
402 other chemical preparations or solutions to the hair;
403 (b) Full facial shaves;
404 (c) Mustache and beard trimming; and
405 (d) Shampooing hair, including the application of shampoos
406 and conditioners, and blow drying the hair.
407 Section 18. Section 476.114, Florida Statutes, is amended
408 to read:
409 476.114 Examination; prerequisites.—
410 (1) A person desiring to be licensed as a barber shall
411 apply to the department for licensure and.
412 (2) An applicant shall be eligible for licensure by
413 examination to practice barbering if the applicant:
414 (a) Is at least 16 years of age;
415 (b) Pays the required application fee; and
416 (c)1. Holds an active valid license to practice barbering
417 in another state, has held the license for at least 1 year, and
418 does not qualify for licensure by endorsement as provided for in
419 s. 476.144(5); or
420 2. Has received a minimum of 1,200 hours of training as
421 established by the board, which shall include, but shall not be
422 limited to, the equivalent of completion of services directly
423 related to the practice of barbering at one of the following:
424 a. A school of barbering licensed pursuant to chapter 1005;
425 b. A barbering program within the public school system; or
426 c. A government-operated barbering program in this state.
427
428 The board shall establish by rule procedures whereby the school
429 or program may certify that a person is qualified to take the
430 required examination after the completion of a minimum of 1,000
431 actual school hours. If the person passes the examination, she
432 or he shall have satisfied this requirement; but if the person
433 fails the examination, she or he shall not be qualified to take
434 the examination again until the completion of the full
435 requirements provided by this section.
436 (2) A person desiring to be licensed as a restricted barber
437 shall apply to the department for licensure and shall be
438 eligible for licensure by examination to practice restricted
439 barbering if the applicant:
440 (a) Is at least 16 years of age;
441 (b) Pays the required application fee; and
442 (c)1. Holds an active valid license to practice barbering
443 in another state, has held the license for at least 1 year, and
444 does not qualify for licensure by endorsement as provided for in
445 s. 476.144(5); or
446 2. Has received a minimum of 325 hours of training in
447 sanitation, safety, and laws and rules, as established by the
448 board, which must include, but not be limited to, the equivalent
449 of completion of services directly related to the practice of
450 restricted barbering at one of the following:
451 a. A school of barbering licensed pursuant to chapter 1005;
452 b. A barbering program within the public school system; or
453 c. A government-operated barbering program in this state.
454 (3) An applicant who meets the requirements set forth in
455 subparagraphs (1)(c)1. and 2. subparagraphs (2)(c)1. and 2. who
456 fails to pass the examination may take subsequent examinations
457 as many times as necessary to pass, except that the board may
458 specify by rule reasonable timeframes for rescheduling the
459 examination and additional training requirements for applicants
460 who, after the third attempt, fail to pass the examination.
461 Before Prior to reexamination, the applicant must file the
462 appropriate form and pay the reexamination fee as required by
463 rule.
464 Section 19. Subsections (1) and (6) of section 476.144,
465 Florida Statutes, are amended to read:
466 476.144 Licensure.—
467 (1) The department shall license any applicant who the
468 board certifies is qualified to practice barbering or restricted
469 barbering in this state.
470 (6) A person may apply for a restricted license to practice
471 barbering. The board shall adopt rules specifying procedures for
472 an applicant to obtain a restricted license if the applicant:
473 (a)1. Has successfully completed a restricted barber
474 course, as established by rule of the board, at a school of
475 barbering licensed pursuant to chapter 1005, a barbering program
476 within the public school system, or a government-operated
477 barbering program in this state; or
478 2.a. Holds or has within the previous 5 years held an
479 active valid license to practice barbering in another state or
480 country or has held a Florida barbering license which has been
481 declared null and void for failure to renew the license, and the
482 applicant fulfilled the requirements of s. 476.114(2)(c)2. for
483 initial licensure; and
484 b. Has not been disciplined relating to the practice of
485 barbering in the previous 5 years; and
486 (b) Passes a written examination on the laws and rules
487 governing the practice of barbering in Florida, as established
488 by the board.
489
490 The restricted license shall limit the licensee’s practice to
491 those specific areas in which the applicant has demonstrated
492 competence pursuant to rules adopted by the board.
493 Section 20. Subsections (6) and (9) of section 477.013,
494 Florida Statutes, are amended to read:
495 477.013 Definitions.—As used in this chapter:
496 (6) “Specialty” means the practice of one or more of the
497 following:
498 (a) “Nail specialty” means manicuring, or the cutting,
499 polishing, tinting, coloring, cleansing, adding, or extending of
500 the nails, and massaging of the hands. This term includes any
501 procedure or process for the affixing of artificial nails,
502 except those nails which may be applied solely by use of a
503 simple adhesive; and.
504 (b) pedicuring, or the shaping, polishing, tinting, or
505 cleansing of the nails of the feet, and massaging or beautifying
506 of the feet.
507 (b)(c) “Facial specialty” means facials, or the massaging
508 or treating of the face or scalp with oils, creams, lotions, or
509 other preparations, and skin care services.
510 (c) “Full specialty” means all services within the
511 definition of nail specialty and facial specialty, including
512 manicuring, pedicuring, and facial services.
513 (9) “Hair braiding” means the weaving or interweaving of
514 natural human hair or commercial hair, including the use of hair
515 extensions or wefts, for compensation without cutting, coloring,
516 permanent waving, relaxing, removing, or chemical treatment and
517 does not include the use of hair extensions or wefts.
518 Section 21. Section 477.0132, Florida Statutes, is
519 repealed.
520 Section 22. Subsections (7) through (11) are added to
521 section 477.0135, Florida Statutes, to read:
522 477.0135 Exemptions.—
523 (7) A license or registration is not required for a person
524 whose occupation or practice is confined solely to hair braiding
525 as defined in s. 477.013(9).
526 (8) A license or registration is not required for a person
527 whose occupation or practice is confined solely to hair wrapping
528 as defined in s. 477.013(10).
529 (9) A license or registration is not required for a person
530 whose occupation or practice is confined solely to body wrapping
531 as defined in s. 477.013(12).
532 (10) A license or registration is not required for a person
533 whose occupation or practice is confined solely to applying
534 polish to fingernails and toenails.
535 (11) A license or registration is not required for a person
536 whose occupation or practice is confined solely to makeup
537 application.
538 Section 23. Paragraph (b) of subsection (7) of section
539 477.019, Florida Statutes, is amended to read:
540 477.019 Cosmetologists; qualifications; licensure;
541 supervised practice; license renewal; endorsement; continuing
542 education.—
543 (7)
544 (b) Any person whose occupation or practice is confined
545 solely to hair braiding, hair wrapping, or body wrapping is
546 exempt from the continuing education requirements of this
547 subsection.
548 Section 24. Present subsections (2) through (6) of section
549 477.0201, Florida Statutes, are redesignated as subsections (4)
550 through (8), respectively, new subsections (2) and (3) are added
551 to that section, and subsection (1) of that section is amended
552 to read:
553 477.0201 Specialty registration; qualifications;
554 registration renewal; endorsement.—
555 (1) Any person is qualified for registration as a
556 specialist in a nail any one or more of the specialty practice
557 practices within the practice of cosmetology under this chapter
558 who:
559 (a) Is at least 16 years of age or has received a high
560 school diploma.
561 (b) Has received at least 150 hours of training as
562 established by the board, which must focus primarily on
563 sanitation and safety and must include, but not be limited to,
564 the equivalent of completion of services directly related to the
565 practice of a nail a certificate of completion in a specialty
566 pursuant to s. 477.013(6)(a) 477.013(6) from one of the
567 following:
568 1. A school licensed pursuant to s. 477.023.
569 2. A school licensed pursuant to chapter 1005 or the
570 equivalent licensing authority of another state.
571 3. A specialty program within the public school system.
572 4. A specialty division within the Cosmetology Division of
573 the Florida School for the Deaf and the Blind, provided the
574 training programs comply with minimum curriculum requirements
575 established by the board.
576 (2) Any person is qualified for registration as a
577 specialist in a facial specialty practice within the practice of
578 cosmetology under this chapter who:
579 (a) Is at least 16 years of age or has received a high
580 school diploma.
581 (b) Has received at least 165 hours of training as
582 established by the board, which must focus on sanitation and
583 safety and must include, but not be limited to, the equivalent
584 of completion of services directly related to the practice of
585 facial specialty pursuant to s. 477.013(6)(b) from one of the
586 following:
587 1. A school licensed pursuant to s. 477.023.
588 2. A school licensed pursuant to chapter 1005 or the
589 equivalent licensing authority of another state.
590 3. A specialty program within the public school system.
591 4. A specialty division within the Cosmetology Division of
592 the Florida School for the Deaf and the Blind, provided the
593 training programs comply with minimum curriculum requirements
594 established by the board.
595 (3) Any person is qualified for registration as a
596 specialist in a full specialty practice within the practice of
597 cosmetology under this chapter who:
598 (a) Is at least 16 years of age or has received a high
599 school diploma.
600 (b) Has received at least 300 hours of training as
601 established by the board, which must focus primarily on
602 sanitation and safety and must include, but not be limited to,
603 the equivalent of completion of services directly related to the
604 practice of full specialty pursuant to s. 477.013(6)(c) from one
605 of the following:
606 1. A school licensed pursuant to s. 477.023.
607 2. A school licensed pursuant to chapter 1005 or the
608 equivalent licensing authority of another state.
609 3. A specialty program within the public school system.
610 4. A specialty division within the Cosmetology Division of
611 the Florida School for the Deaf and the Blind, provided the
612 training programs comply with minimum curriculum requirements
613 established by the board.
614 Section 25. Paragraph (f) of subsection (1) of section
615 477.026, Florida Statutes, is amended to read:
616 477.026 Fees; disposition.—
617 (1) The board shall set fees according to the following
618 schedule:
619 (f) For hair braiders, hair wrappers, and body wrappers,
620 fees for registration shall not exceed $25.
621 Section 26. Paragraph (f) of subsection (1) of section
622 477.0265, Florida Statutes, is amended to read:
623 477.0265 Prohibited acts.—
624 (1) It is unlawful for any person to:
625 (f) Advertise or imply that skin care services or body
626 wrapping, as performed under this chapter, have any relationship
627 to the practice of massage therapy as defined in s. 480.033(3),
628 except those practices or activities defined in s. 477.013.
629 Section 27. Paragraph (a) of subsection (1) of section
630 477.029, Florida Statutes, is amended to read:
631 477.029 Penalty.—
632 (1) It is unlawful for any person to:
633 (a) Hold himself or herself out as a cosmetologist or,
634 specialist, hair wrapper, hair braider, or body wrapper unless
635 duly licensed or registered, or otherwise authorized, as
636 provided in this chapter.
637 Section 28. Subsection (5) of section 481.203, Florida
638 Statutes, is amended to read:
639 481.203 Definitions.—As used in this part:
640 (5) “Business organization” means a partnership, a limited
641 liability company, a corporation, or an individual operating
642 under a fictitious name “Certificate of authorization” means a
643 certificate issued by the department to a corporation or
644 partnership to practice architecture or interior design.
645 Section 29. Section 481.219, Florida Statutes, is amended
646 to read:
647 481.219 Business organization; qualifying agents
648 Certification of partnerships, limited liability companies, and
649 corporations.—
650 (1) A licensee may The practice of or the offer to practice
651 architecture or interior design by licensees through a business
652 organization that offers corporation, limited liability company,
653 or partnership offering architectural or interior design
654 services to the public, or through by a business organization
655 that offers corporation, limited liability company, or
656 partnership offering architectural or interior design services
657 to the public through such licensees under this part as agents,
658 employees, officers, or partners, is permitted, subject to the
659 provisions of this section.
660 (2) If a licensee or an applicant proposes to engage in the
661 practice of architecture or interior design as a business
662 organization, the licensee or applicant must apply to qualify
663 the business organization For the purposes of this section, a
664 certificate of authorization shall be required for a
665 corporation, limited liability company, partnership, or person
666 practicing under a fictitious name, offering architectural
667 services to the public jointly or separately. However, when an
668 individual is practicing architecture in her or his own name,
669 she or he shall not be required to be certified under this
670 section. Certification under this subsection to offer
671 architectural services shall include all the rights and
672 privileges of certification under subsection (3) to offer
673 interior design services.
674 (a) An application to qualify a business organization must:
675 1. If the business is a partnership, state the names of the
676 partnership and its partners.
677 2. If the business is a corporation, state the names of the
678 corporation and its officers and directors and the name of each
679 of its stockholders who is also an officer or a director.
680 3. If the business is operating under a fictitious name,
681 state the fictitious name under which it is doing business.
682 4. If the business is not a partnership, a corporation, or
683 operating under a fictitious name, state the name of such other
684 legal entity and its members.
685 (b) The board may deny an application to qualify a business
686 organization if the applicant or any person required to be named
687 pursuant to paragraph (a) has been involved in past disciplinary
688 actions or on any grounds for which an individual registration
689 may be denied.
690 (3)(a) A business organization may not engage in the
691 practice of architecture unless its qualifying agent is a
692 registered architect under this part. A business organization
693 may not engage in the practice of interior design unless its
694 qualifying agent is a registered architect or a registered
695 interior designer under this part. A qualifying agent who
696 terminates her or his affiliation with a business organization
697 shall immediately notify the department of such termination. If
698 the qualifying agent who terminates her or his affiliation is
699 the only qualifying agent for a business organization, the
700 business organization must be qualified by another qualifying
701 agent within 60 days after the termination. Except as provided
702 in paragraph (b), the business organization may not engage in
703 the practice of architecture or interior design until it is
704 qualified by a qualifying agent.
705 (b) In the event a qualifying architect or interior
706 designer ceases employment with the business organization, the
707 executive director or the chair of the board may authorize
708 another registered architect or interior designer employed by
709 the business organization to temporarily serve as its qualifying
710 agent for a period of no more than 60 days. The business
711 organization is not authorized to operate beyond such period
712 under this chapter absent replacement of the qualifying
713 architect or interior designer who has ceased employment.
714 (c) A qualifying agent shall notify the department in
715 writing before engaging in the practice of architecture or
716 interior design in her or his own name or in affiliation with a
717 different business organization, and she or he or such business
718 organization shall supply the same information to the department
719 as required of applicants under this part For the purposes of
720 this section, a certificate of authorization shall be required
721 for a corporation, limited liability company, partnership, or
722 person operating under a fictitious name, offering interior
723 design services to the public jointly or separately. However,
724 when an individual is practicing interior design in her or his
725 own name, she or he shall not be required to be certified under
726 this section.
727 (4) All final construction documents and instruments of
728 service which include drawings, specifications, plans, reports,
729 or other papers or documents that involve involving the practice
730 of architecture which are prepared or approved for the use of
731 the business organization corporation, limited liability
732 company, or partnership and filed for public record within the
733 state must shall bear the signature and seal of the licensee who
734 prepared or approved them and the date on which they were
735 sealed.
736 (5) All drawings, specifications, plans, reports, or other
737 papers or documents prepared or approved for the use of the
738 business organization corporation, limited liability company, or
739 partnership by an interior designer in her or his professional
740 capacity and filed for public record within the state must shall
741 bear the signature and seal of the licensee who prepared or
742 approved them and the date on which they were sealed.
743 (6) The department shall issue a certificate of
744 authorization to any applicant who the board certifies as
745 qualified for a certificate of authorization and who has paid
746 the fee set in s. 481.207.
747 (6)(7) The board shall allow certify an applicant to
748 qualify one or more business organizations as qualified for a
749 certificate of authorization to offer architectural or interior
750 design services, or to use a fictitious name to offer such
751 services, if provided that:
752 (a) One or more of the principal officers of the
753 corporation or limited liability company, or one or more
754 partners of the partnership, and all personnel of the
755 corporation, limited liability company, or partnership who act
756 in its behalf in this state as architects, are registered as
757 provided by this part; or
758 (b) One or more of the principal officers of the
759 corporation or one or more partners of the partnership, and all
760 personnel of the corporation, limited liability company, or
761 partnership who act in its behalf in this state as interior
762 designers, are registered as provided by this part.
763 (8) The department shall adopt rules establishing a
764 procedure for the biennial renewal of certificates of
765 authorization.
766 (9) The department shall renew a certificate of
767 authorization upon receipt of the renewal application and
768 biennial renewal fee.
769 (7)(10) Each qualifying agent approved to qualify a
770 business organization partnership, limited liability company,
771 and corporation certified under this section shall notify the
772 department within 30 days after of any change in the information
773 contained in the application upon which the qualification
774 certification is based. Any registered architect or interior
775 designer who qualifies the business organization shall ensure
776 corporation, limited liability company, or partnership as
777 provided in subsection (7) shall be responsible for ensuring
778 responsible supervising control of projects of the business
779 organization entity and shall notify the department of the upon
780 termination of her or his employment with a business
781 organization qualified partnership, limited liability company,
782 or corporation certified under this section shall notify the
783 department of the termination within 30 days after such
784 termination.
785 (8)(11) A business organization is not No corporation,
786 limited liability company, or partnership shall be relieved of
787 responsibility for the conduct or acts of its agents, employees,
788 or officers by reason of its compliance with this section.
789 However, except as provided in s. 558.0035, the architect who
790 signs and seals the construction documents and instruments of
791 service is shall be liable for the professional services
792 performed, and the interior designer who signs and seals the
793 interior design drawings, plans, or specifications is shall be
794 liable for the professional services performed.
795 (12) Disciplinary action against a corporation, limited
796 liability company, or partnership shall be administered in the
797 same manner and on the same grounds as disciplinary action
798 against a registered architect or interior designer,
799 respectively.
800 (9)(13) Nothing in This section may not shall be construed
801 to mean that a certificate of registration to practice
802 architecture or interior design must shall be held by a business
803 organization corporation, limited liability company, or
804 partnership. Nothing in This section does not prohibit a
805 business organization from offering prohibits corporations,
806 limited liability companies, and partnerships from joining
807 together to offer architectural, engineering, interior design,
808 surveying and mapping, and landscape architectural services, or
809 any combination of such services, to the public if the business
810 organization, provided that each corporation, limited liability
811 company, or partnership otherwise meets the requirements of law.
812 (10)(14) A business organization that is qualified by a
813 registered architect may use Corporations, limited liability
814 companies, or partnerships holding a valid certificate of
815 authorization to practice architecture shall be permitted to use
816 in their title the term “interior designer” or “registered
817 interior designer” in its title. designer.”
818 Section 30. Subsection (10) of section 481.221, Florida
819 Statutes, is amended to read:
820 481.221 Seals; display of certificate number.—
821 (10) Each registered architect or interior designer must,
822 and each corporation, limited liability company, or partnership
823 holding a certificate of authorization, shall include her or his
824 license its certificate number in any newspaper, telephone
825 directory, or other advertising medium used by the registered
826 licensee. Each business organization must include the license
827 number of the registered architect or interior designer who
828 serves as the qualifying agent for that business organization in
829 any newspaper, telephone directory, or other advertising medium
830 used by the business organization, but is not required to
831 display the license numbers of other registered architects or
832 interior designers employed by the business organization
833 architect, interior designer, corporation, limited liability
834 company, or partnership. A corporation, limited liability
835 company, or partnership is not required to display the
836 certificate number of individual registered architects or
837 interior designers employed by or working within the
838 corporation, limited liability company, or partnership.
839 Section 31. Paragraphs (a) and (c) of subsection (5) of
840 section 481.229, Florida Statutes, are amended to read:
841 481.229 Exceptions; exemptions from licensure.—
842 (5)(a) Nothing contained in This part does not prohibit
843 shall prevent a registered architect or a qualified business
844 organization partnership, limited liability company, or
845 corporation holding a valid certificate of authorization to
846 provide architectural services from performing any interior
847 design service or from using the title “interior designer” or
848 “registered interior designer.”
849 (c) Notwithstanding any other provision of this part, a
850 registered architect or business organization qualified any
851 corporation, partnership, or person operating under a fictitious
852 name which holds a certificate of authorization to provide
853 architectural services must shall be qualified, without fee, for
854 a certificate of authorization to provide interior design
855 services upon submission of a completed application for
856 qualification therefor. For corporations, partnerships, and
857 persons operating under a fictitious name which hold a
858 certificate of authorization to provide interior design
859 services, satisfaction of the requirements for renewal of the
860 certificate of authorization to provide architectural services
861 under s. 481.219 shall be deemed to satisfy the requirements for
862 renewal of the certificate of authorization to provide interior
863 design services under that section.
864 Section 32. Section 481.303, Florida Statutes, is reordered
865 and amended to read:
866 481.303 Definitions.—As used in this chapter, the term:
867 (1) “Board” means the Board of Landscape Architecture.
868 (2) “Business organization” means any partnership, limited
869 liability company, corporation, or individual operating under a
870 fictitious name.
871 (4)(2) “Department” means the Department of Business and
872 Professional Regulation.
873 (7)(3) “Registered landscape architect” means a person who
874 holds a license to practice landscape architecture in this state
875 under the authority of this act.
876 (3)(4) “Certificate of registration” means a license issued
877 by the department to a natural person to engage in the practice
878 of landscape architecture.
879 (5) “Certificate of authorization” means a license issued
880 by the department to a corporation or partnership to engage in
881 the practice of landscape architecture.
882 (5)(6) “Landscape architecture” means professional
883 services, including, but not limited to, the following:
884 (a) Consultation, investigation, research, planning,
885 design, preparation of drawings, specifications, contract
886 documents and reports, responsible construction supervision, or
887 landscape management in connection with the planning and
888 development of land and incidental water areas, including the
889 use of Florida-friendly landscaping as defined in s. 373.185,
890 where, and to the extent that, the dominant purpose of such
891 services or creative works is the preservation, conservation,
892 enhancement, or determination of proper land uses, natural land
893 features, ground cover and plantings, or naturalistic and
894 aesthetic values;
895 (b) The determination of settings, grounds, and approaches
896 for and the siting of buildings and structures, outdoor areas,
897 or other improvements;
898 (c) The setting of grades, shaping and contouring of land
899 and water forms, determination of drainage, and provision for
900 storm drainage and irrigation systems where such systems are
901 necessary to the purposes outlined herein; and
902 (d) The design of such tangible objects and features as are
903 necessary to the purpose outlined herein.
904 (6)(7) “Landscape design” means consultation for and
905 preparation of planting plans drawn for compensation, including
906 specifications and installation details for plant materials,
907 soil amendments, mulches, edging, gravel, and other similar
908 materials. Such plans may include only recommendations for the
909 conceptual placement of tangible objects for landscape design
910 projects. Construction documents, details, and specifications
911 for tangible objects and irrigation systems shall be designed or
912 approved by licensed professionals as required by law.
913 Section 33. Subsection (4) of section 481.311, Florida
914 Statutes, is amended to read:
915 481.311 Licensure.—
916 (4) The board shall certify as qualified for a certificate
917 of authorization any applicant corporation or partnership who
918 satisfies the requirements of s. 481.319.
919 Section 34. Subsection (2) of section 481.317, Florida
920 Statutes, is amended to read:
921 481.317 Temporary certificates.—
922 (2) Upon approval by the board and payment of the fee set
923 in s. 481.307, the department shall grant a temporary
924 certificate of authorization for work on one specified project
925 in this state for a period not to exceed 1 year to an out-of
926 state corporation, partnership, or firm, provided one of the
927 principal officers of the corporation, one of the partners of
928 the partnership, or one of the principals in the fictitiously
929 named firm has obtained a temporary certificate of registration
930 in accordance with subsection (1).
931 Section 35. Section 481.319, Florida Statutes, is amended
932 to read:
933 481.319 Corporate and partnership practice of landscape
934 architecture; certificate of authorization.—
935 (1) The practice of or offer to practice landscape
936 architecture by registered landscape architects registered under
937 this part through a corporation or partnership offering
938 landscape architectural services to the public, or through a
939 corporation or partnership offering landscape architectural
940 services to the public through individual registered landscape
941 architects as agents, employees, officers, or partners, is
942 permitted, subject to the provisions of this section, if:
943 (a) One or more of the principal officers of the
944 corporation, or partners of the partnership, and all personnel
945 of the corporation or partnership who act in its behalf as
946 landscape architects in this state are registered landscape
947 architects; and
948 (b) One or more of the officers, one or more of the
949 directors, one or more of the owners of the corporation, or one
950 or more of the partners of the partnership is a registered
951 landscape architect and has applied to be the qualifying agent
952 for the business organization; and
953 (c) The corporation or partnership has been issued a
954 certificate of authorization by the board as provided herein.
955 (2) All documents involving the practice of landscape
956 architecture which are prepared for the use of the corporation
957 or partnership shall bear the signature and seal of a registered
958 landscape architect.
959 (3) A landscape architect applying to practice in the name
960 of a An applicant corporation must shall file with the
961 department the names and addresses of all officers and board
962 members of the corporation, including the principal officer or
963 officers, duly registered to practice landscape architecture in
964 this state and, also, of all individuals duly registered to
965 practice landscape architecture in this state who shall be in
966 responsible charge of the practice of landscape architecture by
967 the corporation in this state. A landscape architect applying to
968 practice in the name of a An applicant partnership must shall
969 file with the department the names and addresses of all partners
970 of the partnership, including the partner or partners duly
971 registered to practice landscape architecture in this state and,
972 also, of an individual or individuals duly registered to
973 practice landscape architecture in this state who shall be in
974 responsible charge of the practice of landscape architecture by
975 said partnership in this state.
976 (4) Each landscape architect qualifying a partnership or
977 and corporation licensed under this part must shall notify the
978 department within 1 month after of any change in the information
979 contained in the application upon which the license is based.
980 Any landscape architect who terminates her or his or her
981 employment with a partnership or corporation licensed under this
982 part shall notify the department of the termination within 1
983 month after such termination.
984 (5) Disciplinary action against a corporation or
985 partnership shall be administered in the same manner and on the
986 same grounds as disciplinary action against a registered
987 landscape architect.
988 (5)(6) Except as provided in s. 558.0035, the fact that a
989 registered landscape architect practices landscape architecture
990 through a corporation or partnership as provided in this section
991 does not relieve the landscape architect from personal liability
992 for her or his or her professional acts.
993 Section 36. Subsection (5) of section 481.321, Florida
994 Statutes, is amended to read:
995 481.321 Seals; display of certificate number.—
996 (5) Each registered landscape architect must and each
997 corporation or partnership holding a certificate of
998 authorization shall include her or his its certificate number in
999 any newspaper, telephone directory, or other advertising medium
1000 used by the registered landscape architect, corporation, or
1001 partnership. A corporation or partnership must is not required
1002 to display the certificate number numbers of at least one
1003 officer, director, owner, or partner who is a individual
1004 registered landscape architect architects employed by or
1005 practicing with the corporation or partnership.
1006 Section 37. Subsection (5) of section 481.329, Florida
1007 Statutes, is amended to read:
1008 481.329 Exceptions; exemptions from licensure.—
1009 (5) This part does not prohibit any person from engaging in
1010 the practice of landscape design, as defined in s. 481.303(6)
1011 481.303(7), or from submitting for approval to a governmental
1012 agency planting plans that are independent of, or a component
1013 of, construction documents that are prepared by a Florida
1014 registered professional. Persons providing landscape design
1015 services may shall not use the title, term, or designation
1016 “landscape architect,” “landscape architectural,” “landscape
1017 architecture,” “L.A.,” “landscape engineering,” or any
1018 description tending to convey the impression that she or he is a
1019 landscape architect unless she or he is registered as provided
1020 in this part.
1021 Section 38. Paragraph (h) of subsection (2) of section
1022 287.055, Florida Statutes, is amended to read:
1023 287.055 Acquisition of professional architectural,
1024 engineering, landscape architectural, or surveying and mapping
1025 services; definitions; procedures; contingent fees prohibited;
1026 penalties.—
1027 (2) DEFINITIONS.—For purposes of this section:
1028 (h) A “design-build firm” means a partnership, corporation,
1029 or other legal entity that:
1030 1. Is certified under s. 489.119 to engage in contracting
1031 through a certified or registered general contractor or a
1032 certified or registered building contractor as the qualifying
1033 agent; or
1034 2. Is certified under s. 471.023 to practice or to offer to
1035 practice engineering; qualified certified under s. 481.219 to
1036 practice or to offer to practice architecture; or qualified
1037 certified under s. 481.319 to practice or to offer to practice
1038 landscape architecture.
1039 Section 39. Present paragraphs (j) and (k) of subsection
1040 (2) of section 548.003, Florida Statutes, are redesignated as
1041 paragraphs (i) and (j), respectively, and present paragraph (i)
1042 of that subsection is amended, to read:
1043 548.003 Florida State Boxing Commission.—
1044 (2) The Florida State Boxing Commission, as created by
1045 subsection (1), shall administer the provisions of this chapter.
1046 The commission has authority to adopt rules pursuant to ss.
1047 120.536(1) and 120.54 to implement the provisions of this
1048 chapter and to implement each of the duties and responsibilities
1049 conferred upon the commission, including, but not limited to:
1050 (i) Designation and duties of a knockdown timekeeper.
1051 Section 40. Subsection (1) of section 548.017, Florida
1052 Statutes, is amended to read:
1053 548.017 Participants, managers, and other persons required
1054 to have licenses.—
1055 (1) A participant, manager, trainer, second, timekeeper,
1056 referee, judge, announcer, physician, matchmaker, or promoter
1057 must be licensed before directly or indirectly acting in such
1058 capacity in connection with any match involving a participant. A
1059 physician approved by the commission must be licensed pursuant
1060 to chapter 458 or chapter 459, must maintain an unencumbered
1061 license in good standing, and must demonstrate satisfactory
1062 medical training or experience in boxing, or a combination of
1063 both, to the executive director before working as the ringside
1064 physician.
1065
1066 ================= T I T L E A M E N D M E N T ================
1067 And the title is amended as follows:
1068 Delete lines 19 - 61
1069 and insert:
1070 s. 326.004, F.S.; deleting the requirement for a yacht
1071 broker to maintain a separate license for each branch
1072 office; deleting the requirement for the Division of
1073 Florida Condominiums, Timeshares, and Mobile Homes to
1074 establish a fee; amending s. 447.02, F.S.; conforming
1075 provisions; repealing s. 447.04, F.S., relating to
1076 licensure and permit requirements for business agents;
1077 repealing s. 447.041, F.S., relating to hearings for
1078 persons or labor organizations denied licensure as a
1079 business agent; repealing s. 447.045, F.S., relating
1080 to confidential information obtained during the
1081 application process; repealing s. 447.06, F.S.,
1082 relating to required registration of labor
1083 organizations; amending s. 447.09, F.S.; deleting
1084 certain prohibited actions relating to the right of
1085 franchise of a member of a labor organization;
1086 repealing s. 447.12, F.S., relating to registration
1087 fees; repealing s. 447.16, F.S., relating to
1088 applicability; amending s. 447.305, F.S.; deleting a
1089 provision that requires notification of registrations
1090 and renewals to the Department of Business and
1091 Professional Regulation; amending s. 455.213, F.S.;
1092 conforming a cross-reference; requiring the board to
1093 use a specified process for the review of an
1094 applicant’s criminal record to determine the
1095 applicant’s eligibility for certain licenses;
1096 prohibiting the conviction of a crime before a
1097 specified date from being grounds for the denial of
1098 certain licenses; defining the term “conviction”;
1099 authorizing a person to apply for a license before his
1100 or her lawful release from confinement or supervision;
1101 prohibiting additional fees for an applicant confined
1102 or under supervision; prohibiting the board from
1103 basing a denial of a license application solely on the
1104 applicant’s current confinement or supervision;
1105 authorizing the board to stay the issuance of an
1106 approved license under certain circumstances;
1107 requiring the board to verify an applicant’s release
1108 with the Department of Corrections; providing
1109 requirements for the appearance of certain applicants
1110 at certain meetings; requiring the board to adopt
1111 rules specifying how certain crimes affect an
1112 applicant’s eligibility for licensure; amending s.
1113 464.203, F.S.; prohibiting the conviction of a crime
1114 before a specified date from being grounds for the
1115 denial of a certification under certain circumstances;
1116 prohibiting the conviction of a crime before a
1117 specified date from being grounds for the failure of a
1118 background screening; defining the term “conviction”;
1119 authorizing a person to apply for certification before
1120 his or her lawful release from confinement or
1121 supervision; prohibiting additional fees for an
1122 applicant confined or under supervision; prohibiting
1123 the board from basing the denial of a certification
1124 solely on the applicant’s current confinement or
1125 supervision; authorizing the board to stay the
1126 issuance of an approved certificate under certain
1127 circumstances; requiring the board to verify an
1128 applicant’s release with the Department of
1129 Corrections; providing requirements for the appearance
1130 of certain applicants at certain meetings; requiring
1131 the board to adopt rules specifying how certain crimes
1132 may affect an applicant’s eligibility for
1133 certification; amending s. 400.211, F.S.; conforming a
1134 cross-reference; amending s. 469.006, F.S.; revising
1135 licensure requirements for asbestos abatement
1136 consulting or contracting as a partnership,
1137 corporation, business trust, or other legal entity;
1138 amending s. 469.009, F.S.; conforming provisions;
1139 amending s. 476.034, F.S.; defining the terms
1140 “restricted barber” and “restricted barbering”;
1141 amending s. 476.114, F.S.; providing requirements for
1142 licensure by examination as a restricted barber;
1143 amending s. 476.144, F.S.; requiring the department to
1144 license an applicant who the board certifies is
1145 qualified to practice restricted barbering; amending
1146 s. 477.013, F.S.; revising and providing definitions;
1147 repealing s. 477.0132, F.S., relating to registration
1148 for hair braiding, hair wrapping, and body wrapping;
1149 amending s. 477.0135, F.S.; providing that licensure
1150 or registration is not required for persons whose
1151 occupation or practice is confined solely to hair
1152 braiding, hair wrapping, body wrapping, nail
1153 polishing, and makeup application; amending s.
1154 477.019, F.S.; conforming provisions; amending s.
1155 477.0201, F.S.; providing requirements for
1156 registration as a nail specialist, facial specialist,
1157 or full specialist; amending ss. 477.026, 477.0265,
1158 and 477.029, F.S.; conforming provisions; amending s.
1159 481.203, F.S.; revising a definition; amending s.
1160 481.219, F.S.; revising the process by which a
1161 business organization obtains the requisite license to
1162 perform architectural services or interior design;
1163 requiring that a licensee or an applicant apply to
1164 qualify a business organization to practice
1165 architecture or interior design; providing application
1166 requirements; authorizing the Board of Architecture
1167 and Interior Design to deny an application under
1168 certain circumstances; providing notice requirements;
1169 prohibiting a business organization from engaging in
1170 certain practices until it is qualified by a
1171 qualifying agent; authorizing the executive director
1172 or the chair of the board to authorize a temporary
1173 qualifying agent for a specified timeframe under
1174 certain circumstances; requiring the board to allow an
1175 applicant to qualify one or more business
1176 organizations or to operate using a fictitious name
1177 under certain circumstances; deleting a requirement
1178 for the administration of disciplinary action against
1179 a corporation, limited liability company, or
1180 partnership; conforming provisions to changes made by
1181 the act; amending s. 481.221, F.S.; requiring a
1182 business organization to include the license number of
1183 a certain registered architect or interior designer in
1184 any advertising; providing an exception; conforming
1185 provisions to changes made by the act; amending s.
1186 481.229, F.S.; conforming provisions to changes made
1187 by the act; amending s. 481.303, F.S.; revising
1188 definitions; amending ss. 481.311 and 481.317, F.S.;
1189 conforming provisions; amending s. 481.319, F.S.;
1190 deleting the requirement for a certificate of
1191 authorization; authorizing landscape architects to
1192 practice through a corporation or partnership;
1193 amending s. 481.321, F.S.; revising requirements
1194 related to the display of a certificate number;
1195 amending s. 481.329, F.S.; conforming a cross
1196 reference; amending s. 287.055, F.S.; conforming a
1197 provision; amending s. 548.003, F.S.; deleting the
1198 requirement that the Florida State Boxing Commission
1199 adopt rules relating to a knockdown timekeeper;
1200 amending s. 548.017, F.S.; deleting the licensure
1201 requirement for a timekeeper or announcer; providing
1202 an effective date.