Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. SB 1640
Ì468322ÊÎ468322
LEGISLATIVE ACTION
Senate . House
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The Committee on Innovation, Industry, and Technology
(Albritton) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 326 - 2921
4 and insert:
5 examinations to be substantially equivalent or more stringent to
6 those under the practice act, the department or board must post
7 on its website which jurisdictions have such reciprocal
8 licensing agreements or substantially similar licenses.
9 Section 13. Section 468.381, Florida Statutes, is repealed.
10 Section 14. Section 468.382, Florida Statutes, is amended
11 to read:
12 468.382 Definitions.—As used in this act, the term:
13 (1)(8) “Absolute auction” means an auction that requires no
14 minimum opening bid that limits the sale other than to the
15 highest bidder.
16 (2)(7) “Agricultural product” means the natural products
17 from a farm, nursery, grove, orchard, vineyard, garden, or
18 apiary, including livestock, tobacco, and vegetables and
19 includes those agricultural products as defined in chapter 618.
20 (3)(1) “Auction business” means a sole proprietorship,
21 partnership, or corporation which in the regular course of
22 business arranges, manages, sponsors, advertises, promotes, or
23 carries out auctions, employs auctioneers to conduct auctions in
24 its facilities, or uses or allows the use of its facilities for
25 auctions.
26 (4)(2) “Auctioneer” means any person who conducts auctions
27 within the state licensed pursuant to this part who holds a
28 valid Florida auctioneer license.
29 (3) “Apprentice” means any person who is being trained as
30 an auctioneer by a licensed auctioneer.
31 (4) “Board” means the Florida Board of Auctioneers.
32 (5) “Department” means the Department of Business and
33 Professional Regulation.
34 (5)(6) “Livestock” means any animal included in the
35 definition of “livestock” by s. 585.01 or s. 588.13.
36 Section 15. Section 468.384, Florida Statutes, is repealed.
37 Section 16. Section 468.385, Florida Statutes, is repealed.
38 Section 17. Section 468.3851, Florida Statutes, is
39 repealed.
40 Section 18. Section 468.3852, Florida Statutes, is
41 repealed.
42 Section 19. Section 468.3855, Florida Statutes, is
43 repealed.
44 Section 20. Section 468.386, Florida Statutes, is repealed.
45 Section 21. Section 468.387, Florida Statutes, is repealed.
46 Section 22. Subsections (6) through (11) of section
47 468.388, Florida Statutes, are renumbered as subsections (4)
48 through (9), respectively, and present subsections (3), (4),
49 (5), (9), (10), and (11) are amended to read:
50 468.388 Conduct of an auction.—
51 (3) Each auctioneer or auction business shall maintain a
52 record book of all sales. The record book shall be open to
53 inspection by the board at reasonable times.
54 (4) Each auction must be conducted by an auctioneer who has
55 an active license or by an apprentice who has an active
56 apprentice auctioneer license and who has received prior written
57 sponsor consent. Each auction must be conducted under the
58 auspices of a licensed auction business. Any auctioneer or
59 apprentice auctioneer conducting an auction, and any auction
60 business under whose auspices such auction is held, shall be
61 responsible for determining that any auctioneer, apprentice, or
62 auction business with whom they are associated in conducting
63 such auction has an active Florida auctioneer, apprentice, or
64 auction business license.
65 (5) The principal auctioneer shall prominently display at
66 the auction site the licenses of the principal auctioneer, the
67 auction business, and any other licensed auctioneers or
68 apprentices who are actively participating in the auction. If
69 such a display is not practicable, then an oral announcement at
70 the beginning of the auction or a prominent written announcement
71 that these licenses are available for inspection at the auction
72 site must be made.
73 (7)(9) The auction business under which the auction is
74 conducted is responsible for all other aspects of the auction as
75 required by this part board rule. The auction business may
76 delegate in whole, or in part, different aspects of the auction
77 only to the extent that such delegation is permitted by law and
78 that such delegation will not impede the principal auctioneer’s
79 ability to ensure the proper conduct of his or her independent
80 responsibility for the auction. The auction business under whose
81 auspices the auction is conducted is responsible for ensuring
82 compliance as required by this part board rule.
83 (8)(10)(a) When settlement is not made immediately after an
84 auction, all sale proceeds received for another person must be
85 deposited in an escrow or trust account in an insured bank or
86 savings and loan association located in this state within 2
87 working days after the auction. A maximum of $100 may be kept in
88 the escrow account for administrative purposes.
89 (b) Each auction business shall maintain, for not less than
90 2 years, a separate ledger showing the funds held for another
91 person deposited and disbursed by the auction business for each
92 auction. The escrow or trust account must be reconciled monthly
93 with the bank statement. A signed and dated record shall be
94 maintained for a 2-year period and be available for inspection
95 by the department or at the request of the board.
96 (c) Any interest which accrues to sale proceeds on deposit
97 shall be the property of the seller for whom the funds were
98 received unless the parties have agreed otherwise by written
99 agreement executed prior to the auction.
100 (d) Unless otherwise provided by written agreement executed
101 prior to the auction, funds received by an auctioneer or auction
102 business a licensee from the seller or his or her agent for
103 expenses, including advertising, must be expended for the
104 purposes advanced or refunded to the seller at the time of final
105 settlement. Any funds so received shall be maintained in an
106 escrow or trust account in an insured bank or savings and loan
107 association located in this state. However, this does not
108 prohibit advanced payment of a flat fee.
109 (11)(a) All advertising by an auctioneer or auction
110 business shall include the name and Florida license number of
111 such auctioneer and auction business. The term “advertising”
112 shall not include articles of clothing, directional signs, or
113 other promotional novelty items.
114 (9)(a)(b) No licensed auctioneer, apprentice, or auction
115 business may disseminate or cause to be disseminated any
116 advertisement or advertising which is false, deceptive,
117 misleading, or untruthful. Any advertisement or advertising
118 shall be deemed to be false, deceptive, misleading, or
119 untruthful if it:
120 1. Contains misrepresentations of facts.
121 2. Is misleading or deceptive because, in its content or in
122 the context in which it is presented, it makes only a partial
123 disclosure of relevant facts.
124 3. Creates false or unjustified expectations of the
125 services to be performed.
126 4. Contains any representation or claim which the
127 advertising licensee fails to perform.
128 5. Fails to include the name and license number of the
129 principal auctioneer and the auction business.
130 6. Fails to include the name and license number of the
131 sponsor if an apprentice is acting as the principal auctioneer.
132 4.7. Advertises an auction as absolute without specifying
133 any and all items to be sold with reserve or with minimum bids.
134 5.8. Fails to include the percentage amount of any buyer’s
135 premium or surcharge which is a condition to sale.
136 (b)(c) The provisions of this subsection apply to media
137 exposure of any nature, regardless of whether it is in the form
138 of paid advertising.
139 (c)(d) The auction business shall be responsible for the
140 content of all advertising disseminated in preparation for an
141 auction.
142 Section 23. Section 468.389, Florida Statutes, is amended
143 to read:
144 468.389 Prohibited acts; penalties.—
145 (1) The following acts shall be grounds for a civil cause
146 of action for damages against an auctioneer, auction business,
147 or any owner or manager thereof or, in the case of corporate
148 ownership, any substantial stockholder of the corporation owning
149 the auction business the disciplinary activities provided in
150 subsections (2) and (3):
151 (1)(a) A violation of any law relating to trade or commerce
152 of this state or of the state in which an auction is conducted.
153 (2)(b) Misrepresentation of property for sale at auction or
154 making false promises concerning the use, value, or condition of
155 such property by an auctioneer or auction business or by anyone
156 acting as an agent of or with the consent of the auctioneer or
157 auction business.
158 (3)(c) Failure to account for or to pay or return, within a
159 reasonable time not to exceed 30 days, money or property
160 belonging to another which has come into the control of an
161 auctioneer or auction business through an auction.
162 (4)(d) False, deceptive, misleading, or untruthful
163 advertising.
164 (5)(e) Any conduct in connection with a sales transaction
165 which demonstrates bad faith or dishonesty.
166 (6)(f) Using or permitting the use of false bidders,
167 cappers, or shills.
168 (g) Making any material false statement on a license
169 application.
170 (7)(h) Commingling money or property of another person with
171 his or her own. Every auctioneer and auction business shall
172 maintain a separate trust or escrow account in an insured bank
173 or savings and loan association located in this state in which
174 shall be deposited all proceeds received for another person
175 through an auction sale.
176 (8)(i) Refusal or neglect of any auctioneer or other
177 receiver of public moneys to pay the moneys so received into the
178 State Treasury at the times and under the regulations prescribed
179 by law.
180 (9)(j) Violating a statute or administrative rule
181 regulating practice under this part or a lawful disciplinary
182 order of the board or the department.
183 (k) Having a license to practice a comparable profession
184 revoked, suspended, or otherwise acted against by another state,
185 territory, or country.
186 (10)(l) Being convicted or found guilty, regardless of
187 adjudication, of a crime in any jurisdiction which directly
188 relates to the practice or the ability to practice the
189 profession of auctioneering.
190 (2) When the board finds any person guilty of any of the
191 prohibited acts set forth in subsection (1), it may enter an
192 order imposing one or more of the following penalties:
193 (a) Refusal to certify to the department an application for
194 licensure.
195 (b) Revocation or suspension of a license.
196 (c) Imposition of an administrative fine not to exceed
197 $1,000 for each count or separate offense.
198 (d) Issuance of a reprimand.
199 (e) Placement of the auctioneer on probation for a period
200 of time and subject to conditions as the board may specify,
201 including requiring the auctioneer to successfully complete the
202 licensure examination.
203 (f) Requirement that the person in violation make
204 restitution to each consumer affected by that violation. Proof
205 of such restitution shall be a signed and notarized release
206 executed by the consumer or the consumer’s estate.
207 (3)(a) Failure to pay a fine within a reasonable time, as
208 prescribed by board rule, may be grounds for disciplinary
209 action.
210 (b) The department may file for an injunction or bring any
211 other appropriate civil action against anyone who violates this
212 part.
213 Section 24. Section 468.391, Florida Statutes, is amended
214 to read:
215 468.391 Penalty.—Any auctioneer, apprentice, or auction
216 business or any owner or manager thereof, or, in the case of
217 corporate ownership, any substantial stockholder of the
218 corporation owning the auction business, who operates without an
219 active license or violates s. 468.389(3), (5), (6), (7), or (8)
220 s. 468.389(1)(c), (e), (f), (h), or (i) commits a felony of the
221 third degree, punishable as provided in s. 775.082 or s.
222 775.083.
223 Section 25. Section 468.392, Florida Statutes, is repealed.
224 Section 26. Section 468.393, Florida Statutes, is repealed.
225 Section 27. Section 468.394, Florida Statutes, is repealed.
226 Section 28. Section 468.395, Florida Statutes, is repealed.
227 Section 29. Section 468.396, Florida Statutes, is repealed.
228 Section 30. Section 468.397, Florida Statutes, is repealed.
229 Section 31. Section 468.398, Florida Statutes, is repealed.
230 Section 32. Section 468.399, Florida Statutes, is repealed.
231 Section 33. Section 468.401, Florida Statutes, is amended
232 to read:
233 468.401 Regulation of Talent agencies; definitions.—As used
234 in this part or any rule adopted pursuant hereto:
235 (1) “Talent agency” means any person who, for compensation,
236 engages in the occupation or business of procuring or attempting
237 to procure engagements for an artist who is younger than 18
238 years of age.
239 Section 34. Subsection (1) of section 468.408, Florida
240 Statutes, is amended to read:
241 468.408 Bond required.—
242 (1) An owner or operator of a There shall be filed with the
243 department for each talent agency shall file license a bond in
244 the form of a surety by a reputable company engaged in the
245 bonding business and authorized to do business in this state.
246 The bond shall be for the penal sum of $5,000, with one or more
247 sureties to be approved by the department, and be conditioned
248 that the owner or operator of the talent agency applicant
249 conform to and not violate any of the duties, terms, conditions,
250 provisions, or requirements of this part.
251 (a) If any person is aggrieved by the misconduct of any
252 talent agency, the person may maintain an action in his or her
253 own name upon the bond of the agency in any court having
254 jurisdiction of the amount claimed. All such claims shall be
255 assignable, and the assignee shall be entitled to the same
256 remedies, upon the bond of the agency or otherwise, as the
257 person aggrieved would have been entitled to if such claim had
258 not been assigned. Any claim or claims so assigned may be
259 enforced in the name of such assignee.
260 (b) The bonding company shall notify the department of any
261 claim against such bond, and a copy of such notice shall be sent
262 to the talent agency against which the claim is made.
263 Section 35. Subsection (12) is added to section 468.412,
264 Florida Statutes, to read:
265 468.412 Talent agency regulations; prohibited acts.—
266 (12) Each employee of a talent agency must complete a level
267 1 background screening pursuant to s. 435.03.
268 Section 36. Section 468.415, Florida Statutes, is amended
269 to read:
270 468.415 Sexual misconduct in the operation of a talent
271 agency.—The talent agent-artist relationship is founded on
272 mutual trust. Sexual misconduct in the operation of a talent
273 agency means violation of the talent agent-artist relationship
274 through which the talent agent uses the relationship to induce
275 or attempt to induce the artist to engage or attempt to engage
276 in sexual activity. Sexual misconduct is prohibited in the
277 operation of a talent agency. If Any agent, owner, or operator
278 of a licensed talent agency who commits is found to have
279 committed sexual misconduct in the operation of a talent agency,
280 the agency license shall be permanently revoked. Such agent,
281 owner, or operator shall be permanently prohibited from acting
282 disqualified from present and future licensure as an agent,
283 owner, or operator of a Florida talent agency.
284 Section 37. Subsection (4) of section 468.524, Florida
285 Statutes, is amended to read:
286 468.524 Application for license.—
287 (4) A An applicant or licensee is ineligible to reapply for
288 a license for a period of 1 year following final agency action
289 on the denial or revocation of a license applied for or issued
290 under this part. This time restriction does not apply to
291 administrative denials or revocations entered because:
292 (a) The applicant or licensee has made an inadvertent error
293 or omission on the application;
294 (b) The experience documented to the board was insufficient
295 at the time of the previous application; or
296 (c) The department is unable to complete the criminal
297 background investigation because of insufficient information
298 from the Florida Department of Law Enforcement, the Federal
299 Bureau of Investigation, or any other applicable law enforcement
300 agency;
301 (c)(d) The applicant or licensee has failed to submit
302 required fees.; or
303 (e) An applicant or licensed employee leasing company has
304 been deemed ineligible for a license because of the lack of good
305 moral character of an individual or individuals when such
306 individual or individuals are no longer employed in a capacity
307 that would require their licensing under this part.
308 Section 38. Section 468.613, Florida Statutes, is amended
309 to read:
310 468.613 Certification by endorsement.—The board shall
311 examine other certification or training programs, as applicable,
312 upon submission to the board for its consideration of an
313 application for certification by endorsement. The board shall
314 waive its examination, qualification, education, or training
315 requirements, to the extent that such examination,
316 qualification, education, or training requirements of the
317 applicant are determined by the board to be comparable with
318 those established by the board. The board shall waive its
319 examination, qualification, education, or training requirements
320 if an applicant for certification by endorsement is at least 18
321 years of age; is of good moral character; has held a valid
322 building administrator, inspector, plans examiner, or the
323 equivalent, certification issued by another state or territory
324 of the United States for at least 10 years before the date of
325 application; and has successfully passed an applicable
326 examination administered by the International Codes Council.
327 Section 39. Subsection (3) of section 468.8314, Florida
328 Statutes, is amended to read:
329 468.8314 Licensure.—
330 (3) The department shall certify as qualified for a license
331 by endorsement an applicant who is of good moral character as
332 determined in s. 468.8313, who maintains an insurance policy as
333 required by s. 468.8322, and who:;
334 (a) Holds a valid license to practice home inspection
335 services in another state or territory of the United States,
336 whose educational requirements are substantially equivalent to
337 those required by this part; and has passed a national,
338 regional, state, or territorial licensing examination that is
339 substantially equivalent to the examination required by this
340 part; or
341 (b) Has held a valid license to practice home inspection
342 services issued by another state or territory of the United
343 States for at least 10 years before the date of application.
344 Section 40. Subsection (3) of section 468.8414, Florida
345 Statutes, is amended to read:
346 468.8414 Licensure.—
347 (3) The department shall certify as qualified for a license
348 by endorsement an applicant who is of good moral character, who
349 has the insurance coverage required under s. 468.8421, and who:
350 (a) Is qualified to take the examination as set forth in s.
351 468.8413 and has passed a certification examination offered by a
352 nationally recognized organization that certifies persons in the
353 specialty of mold assessment or mold remediation that has been
354 approved by the department as substantially equivalent to the
355 requirements of this part and s. 455.217; or
356 (b) Holds a valid license to practice mold assessment or
357 mold remediation issued by another state or territory of the
358 United States if the criteria for issuance of the license were
359 substantially the same as the licensure criteria that is
360 established by this part as determined by the department; or
361 (c) Has held a valid license to practice as a mold assessor
362 or a mold remediator issued by another state or territory of the
363 United States for at least 10 years before the date of
364 application.
365 Section 41. Paragraphs (a) and (e) of subsection (2),
366 subsection (3), paragraph (b) of subsection (4), and subsection
367 (6) of section 469.006, Florida Statutes, are amended to read:
368 469.006 Licensure of business organizations; qualifying
369 agents.—
370 (2)(a) If the applicant proposes to engage in consulting or
371 contracting as a partnership, corporation, business trust, or
372 other legal entity, or in any name other than the applicant’s
373 legal name, the legal entity must apply for licensure through a
374 qualifying agent or the individual applicant must qualify apply
375 for licensure under the business organization fictitious name.
376 (e) A The license, when issued upon application of a
377 business organization, must be in the name of the qualifying
378 agent business organization, and the name of the business
379 organization qualifying agent must be noted on the license
380 thereon. If there is a change in any information that is
381 required to be stated on the application, the qualifying agent
382 business organization shall, within 45 days after such change
383 occurs, mail the correct information to the department.
384 (3) The qualifying agent must shall be licensed under this
385 chapter in order for the business organization to be qualified
386 licensed in the category of the business conducted for which the
387 qualifying agent is licensed. If any qualifying agent ceases to
388 be affiliated with such business organization, the agent shall
389 so inform the department. In addition, if such qualifying agent
390 is the only licensed individual affiliated with the business
391 organization, the business organization shall notify the
392 department of the termination of the qualifying agent and has
393 shall have 60 days after from the date of termination of the
394 qualifying agent’s affiliation with the business organization in
395 which to employ another qualifying agent. The business
396 organization may not engage in consulting or contracting until a
397 qualifying agent is employed, unless the department has granted
398 a temporary nonrenewable license to the financially responsible
399 officer, the president, the sole proprietor, a partner, or, in
400 the case of a limited partnership, the general partner, who
401 assumes all responsibilities of a primary qualifying agent for
402 the entity. This temporary license only allows shall only allow
403 the entity to proceed with incomplete contracts.
404 (4)
405 (b) Upon a favorable determination by the department, after
406 investigation of the financial responsibility, credit, and
407 business reputation of the qualifying agent and the new business
408 organization, the department shall issue, without any
409 examination, a new license in the qualifying agent’s business
410 organization’s name, and the name of the business organization
411 qualifying agent shall be noted thereon.
412 (6) Each qualifying agent shall pay the department an
413 amount equal to the original fee for licensure of a new business
414 organization. if the qualifying agent for a business
415 organization desires to qualify additional business
416 organizations., The department shall require the agent to
417 present evidence of supervisory ability and financial
418 responsibility of each such organization. Allowing a licensee to
419 qualify more than one business organization must shall be
420 conditioned upon the licensee showing that the licensee has both
421 the capacity and intent to adequately supervise each business
422 organization. The department may shall not limit the number of
423 business organizations that which the licensee may qualify
424 except upon the licensee’s failure to provide such information
425 as is required under this subsection or upon a finding that the
426 such information or evidence as is supplied is incomplete or
427 unpersuasive in showing the licensee’s capacity and intent to
428 comply with the requirements of this subsection. A qualification
429 for an additional business organization may be revoked or
430 suspended upon a finding by the department that the licensee has
431 failed in the licensee’s responsibility to adequately supervise
432 the operations of the business organization. Failure to
433 adequately supervise the operations of a business organization
434 is shall be grounds for denial to qualify additional business
435 organizations.
436 Section 42. Subsection (1) of section 469.009, Florida
437 Statutes, is amended to read:
438 469.009 License revocation, suspension, and denial of
439 issuance or renewal.—
440 (1) The department may revoke, suspend, or deny the
441 issuance or renewal of a license; reprimand, censure, or place
442 on probation any contractor, consultant, or financially
443 responsible officer, or business organization; require financial
444 restitution to a consumer; impose an administrative fine not to
445 exceed $5,000 per violation; require continuing education; or
446 assess costs associated with any investigation and prosecution
447 if the contractor or consultant, or business organization or
448 officer or agent thereof, is found guilty of any of the
449 following acts:
450 (a) Willfully or deliberately disregarding or violating the
451 health and safety standards of the Occupational Safety and
452 Health Act of 1970, the Construction Safety Act, the National
453 Emission Standards for Asbestos, the Environmental Protection
454 Agency Asbestos Abatement Projects Worker Protection Rule, the
455 Florida Statutes or rules promulgated thereunder, or any
456 ordinance enacted by a political subdivision of this state.
457 (b) Violating any provision of chapter 455.
458 (c) Failing in any material respect to comply with the
459 provisions of this chapter or any rule promulgated hereunder.
460 (d) Acting in the capacity of an asbestos contractor or
461 asbestos consultant under any license issued under this chapter
462 except in the name of the licensee as set forth on the issued
463 license.
464 (e) Proceeding on any job without obtaining all applicable
465 approvals, authorizations, permits, and inspections.
466 (f) Obtaining a license by fraud or misrepresentation.
467 (g) Being convicted or found guilty of, or entering a plea
468 of nolo contendere to, regardless of adjudication, a crime in
469 any jurisdiction which directly relates to the practice of
470 asbestos consulting or contracting or the ability to practice
471 asbestos consulting or contracting.
472 (h) Knowingly violating any building code, lifesafety code,
473 or county or municipal ordinance relating to the practice of
474 asbestos consulting or contracting.
475 (i) Performing any act which assists a person or entity in
476 engaging in the prohibited unlicensed practice of asbestos
477 consulting or contracting, if the licensee knows or has
478 reasonable grounds to know that the person or entity was
479 unlicensed.
480 (j) Committing mismanagement or misconduct in the practice
481 of contracting that causes financial harm to a customer.
482 Financial mismanagement or misconduct occurs when:
483 1. Valid liens have been recorded against the property of a
484 contractor’s customer for supplies or services ordered by the
485 contractor for the customer’s job; the contractor has received
486 funds from the customer to pay for the supplies or services; and
487 the contractor has not had the liens removed from the property,
488 by payment or by bond, within 75 days after the date of such
489 liens;
490 2. The contractor has abandoned a customer’s job and the
491 percentage of completion is less than the percentage of the
492 total contract price paid to the contractor as of the time of
493 abandonment, unless the contractor is entitled to retain such
494 funds under the terms of the contract or refunds the excess
495 funds within 30 days after the date the job is abandoned; or
496 3. The contractor’s job has been completed, and it is shown
497 that the customer has had to pay more for the contracted job
498 than the original contract price, as adjusted for subsequent
499 change orders, unless such increase in cost was the result of
500 circumstances beyond the control of the contractor, was the
501 result of circumstances caused by the customer, or was otherwise
502 permitted by the terms of the contract between the contractor
503 and the customer.
504 (k) Being disciplined by any municipality or county for an
505 act or violation of this chapter.
506 (l) Failing in any material respect to comply with the
507 provisions of this chapter, or violating a rule or lawful order
508 of the department.
509 (m) Abandoning an asbestos abatement project in which the
510 asbestos contractor is engaged or under contract as a
511 contractor. A project may be presumed abandoned after 20 days if
512 the contractor terminates the project without just cause and
513 without proper notification to the owner, including the reason
514 for termination; if the contractor fails to reasonably secure
515 the project to safeguard the public while work is stopped; or if
516 the contractor fails to perform work without just cause for 20
517 days.
518 (n) Signing a statement with respect to a project or
519 contract falsely indicating that the work is bonded; falsely
520 indicating that payment has been made for all subcontracted
521 work, labor, and materials which results in a financial loss to
522 the owner, purchaser, or contractor; or falsely indicating that
523 workers’ compensation and public liability insurance are
524 provided.
525 (o) Committing fraud or deceit in the practice of asbestos
526 consulting or contracting.
527 (p) Committing incompetency or misconduct in the practice
528 of asbestos consulting or contracting.
529 (q) Committing gross negligence, repeated negligence, or
530 negligence resulting in a significant danger to life or property
531 in the practice of asbestos consulting or contracting.
532 (r) Intimidating, threatening, coercing, or otherwise
533 discouraging the service of a notice to owner under part I of
534 chapter 713 or a notice to contractor under chapter 255 or part
535 I of chapter 713.
536 (s) Failing to satisfy, within a reasonable time, the terms
537 of a civil judgment obtained against the licensee, or the
538 business organization qualified by the licensee, relating to the
539 practice of the licensee’s profession.
540
541 For the purposes of this subsection, construction is considered
542 to be commenced when the contract is executed and the contractor
543 has accepted funds from the customer or lender.
544 Section 43. Subsection (13) of section 471.005, Florida
545 Statutes, is renumbered as subsection (3), and present
546 subsection (3) and subsection (8) of that section are amended to
547 read:
548 471.005 Definitions.—As used in this chapter, the term:
549 (3) “Certificate of authorization” means a license to
550 practice engineering issued by the management corporation to a
551 corporation or partnership.
552 (8) “License” means the licensing of engineers or
553 certification of businesses to practice engineering in this
554 state.
555 Section 44. Subsection (4) of section 471.011, Florida
556 Statutes, is amended to read:
557 471.011 Fees.—
558 (4) The fee for a certificate of authorization shall not
559 exceed $125.
560 Section 45. Subsection (5) of section 471.015, Florida
561 Statutes, is amended to read:
562 471.015 Licensure.—
563 (5)(a) The board shall deem that an applicant who seeks
564 licensure by endorsement has passed an examination substantially
565 equivalent to the fundamentals examination when such applicant
566 has held a valid professional engineer’s license in another
567 state for 10 15 years and has had 20 years of continuous
568 professional-level engineering experience.
569 (b) The board shall deem that an applicant who seeks
570 licensure by endorsement has passed an examination substantially
571 equivalent to the fundamentals examination and the principles
572 and practices examination when such applicant has held a valid
573 professional engineer’s license in another state for 15 25 years
574 and has had 30 years of continuous professional-level
575 engineering experience.
576 Section 46. Section 471.023, Florida Statutes, is amended
577 to read:
578 471.023 Qualification Certification of business
579 organizations.—
580 (1) The practice of, or the offer to practice, engineering
581 by licensees or offering engineering services to the public
582 through a business organization, including a partnership,
583 corporation, business trust, or other legal entity or by a
584 business organization, including a corporation, partnership,
585 business trust, or other legal entity offering such services to
586 the public through licensees under this chapter as agents,
587 employees, officers, or partners is permitted only if the
588 business organization is qualified by an engineer licensed under
589 this chapter possesses a certification issued by the management
590 corporation pursuant to qualification by the board, subject to
591 the provisions of this chapter. One or more of the principal
592 officers of the business organization or one or more partners of
593 the partnership and all personnel of the business organization
594 who act in its behalf as engineers in this state shall be
595 licensed as provided by this chapter. All final drawings,
596 specifications, plans, reports, or documents involving practices
597 licensed under this chapter which are prepared or approved for
598 the use of the business organization or for public record within
599 the state shall be dated and shall bear the signature and seal
600 of the licensee who prepared or approved them. Nothing in this
601 section shall be construed to mean that a license to practice
602 engineering shall be held by a business organization. Nothing
603 herein prohibits business organizations from joining together to
604 offer engineering services to the public, if each business
605 organization otherwise meets the requirements of this section.
606 No business organization shall be relieved of responsibility for
607 the conduct or acts of its agents, employees, or officers by
608 reason of its compliance with this section, nor shall any
609 individual practicing engineering be relieved of responsibility
610 for professional services performed by reason of his or her
611 employment or relationship with a business organization.
612 (2) For the purposes of this section, a certificate of
613 authorization shall be required for any business organization or
614 other person practicing under a fictitious name, offering
615 engineering services to the public must be qualified by an
616 engineer licensed under this chapter. However, when an
617 individual is practicing engineering in his or her own given
618 name, he or she shall not be required to be licensed under this
619 section.
620 (3) Except as provided in s. 558.0035, the fact that a
621 licensed engineer practices through a business organization does
622 not relieve the licensee from personal liability for negligence,
623 misconduct, or wrongful acts committed by him or her.
624 Partnerships and all partners shall be jointly and severally
625 liable for the negligence, misconduct, or wrongful acts
626 committed by their agents, employees, or partners while acting
627 in a professional capacity. Any officer, agent, or employee of a
628 business organization other than a partnership shall be
629 personally liable and accountable only for negligent acts,
630 wrongful acts, or misconduct committed by him or her or
631 committed by any person under his or her direct supervision and
632 control, while rendering professional services on behalf of the
633 business organization. The personal liability of a shareholder
634 or owner of a business organization, in his or her capacity as
635 shareholder or owner, shall be no greater than that of a
636 shareholder-employee of a corporation incorporated under chapter
637 607. The business organization shall be liable up to the full
638 value of its property for any negligent acts, wrongful acts, or
639 misconduct committed by any of its officers, agents, or
640 employees while they are engaged on its behalf in the rendering
641 of professional services.
642 (4) Each certification of authorization shall be renewed
643 every 2 years. Each qualifying agent of a business organization
644 qualified certified under this section must notify the board
645 within 30 days 1 month after any change in the information
646 contained in the application upon which the certification is
647 based.
648 (a) A qualifying agent who terminates an affiliation with a
649 qualified business organization shall notify the management
650 corporation of such termination within 24 hours. If such
651 qualifying agent is the only qualifying agent for that business
652 organization, the business organization must be qualified by
653 another qualifying agent within 60 days after the termination.
654 Except as provided in paragraph (b), the business organization
655 may not engage in the practice of engineering until it is
656 qualified by another qualifying agent.
657 (b) In the event a qualifying agent ceases employment with
658 a qualified business organization and such qualifying agent is
659 the only licensed individual affiliated with the business
660 organization, the executive director of the management
661 corporation or the chair of the board may authorize another
662 licensee employed by the business organization to temporarily
663 serve as its qualifying agent for a period of no more than 60
664 days to proceed with incomplete contracts. The business
665 organization is not authorized to operate beyond such period
666 under this chapter absent replacement of the qualifying agent.
667 (c) A qualifying agent shall notify the department in
668 writing before engaging in the practice of engineering in the
669 licensee’s name or in affiliation with a different business
670 organization.
671 (5) Disciplinary action against a business organization
672 shall be administered in the same manner and on the same grounds
673 as disciplinary action against a licensed engineer.
674 Section 47. Subsection (7) of section 473.308, Florida
675 Statutes, is amended to read:
676 473.308 Licensure.—
677 (7) The board shall certify as qualified for a license by
678 endorsement an applicant who:
679 (a)1. Is not licensed and has not been licensed in another
680 state or territory and who has met the requirements of this
681 section for education, work experience, and good moral character
682 and has passed a national, regional, state, or territorial
683 licensing examination that is substantially equivalent to the
684 examination required by s. 473.306; or and
685 2. Has completed such continuing education courses as the
686 board deems appropriate, within the limits for each applicable
687 2-year period as set forth in s. 473.312, but at least such
688 courses as are equivalent to the continuing education
689 requirements for a Florida certified public accountant licensed
690 in this state during the 2 years immediately preceding her or
691 his application for licensure by endorsement; or
692 (b)1.a. Holds a valid license to practice public accounting
693 issued by another state or territory of the United States, if
694 the criteria for issuance of such license were substantially
695 equivalent to the licensure criteria that existed in this state
696 at the time the license was issued;
697 2.b. Holds a valid license to practice public accounting
698 issued by another state or territory of the United States but
699 the criteria for issuance of such license did not meet the
700 requirements of sub-subparagraph a.; has met the requirements of
701 this section for education, work experience, and good moral
702 character; and has passed a national, regional, state, or
703 territorial licensing examination that is substantially
704 equivalent to the examination required by s. 473.306; or
705 3.c. Has held Holds a valid license to practice public
706 accounting issued by another state or territory of the United
707 States for at least 10 years before the date of application; has
708 passed a national, regional, state, or territorial licensing
709 examination that is substantially equivalent to the examination
710 required by s. 473.306; and has met the requirements of this
711 section for good moral character.; and
712 2. Has completed continuing education courses that are
713 equivalent to the continuing education requirements for a
714 Florida certified public accountant licensed in this state
715 during the 2 years immediately preceding her or his application
716 for licensure by endorsement.
717 Section 48. Subsection (6) of section 474.202, Florida
718 Statutes, is amended to read:
719 474.202 Definitions.—As used in this chapter:
720 (6) “Limited-service veterinary medical practice” means
721 offering or providing veterinary services at any location that
722 has a primary purpose other than that of providing veterinary
723 medical service at a permanent or mobile establishment permitted
724 by the board; provides veterinary medical services for privately
725 owned animals that do not reside at that location; operates for
726 a limited time; and provides limited types of veterinary medical
727 services, including vaccinations or immunizations against
728 disease, preventative procedures for parasitic control, and
729 microchipping.
730 Section 49. Paragraph (b) of subsection (2) of section
731 474.207, Florida Statutes, is amended to read:
732 474.207 Licensure by examination.—
733 (2) The department shall license each applicant who the
734 board certifies has:
735 (b)1. Graduated from a college of veterinary medicine
736 accredited by the American Veterinary Medical Association
737 Council on Education; or
738 2. Graduated from a college of veterinary medicine listed
739 in the American Veterinary Medical Association Roster of
740 Veterinary Colleges of the World and obtained a certificate from
741 the Education Commission for Foreign Veterinary Graduates or the
742 Program for the Assessment of Veterinary Education Equivalence.
743
744 The department shall not issue a license to any applicant who is
745 under investigation in any state or territory of the United
746 States or in the District of Columbia for an act which would
747 constitute a violation of this chapter until the investigation
748 is complete and disciplinary proceedings have been terminated,
749 at which time the provisions of s. 474.214 shall apply.
750 Section 50. Subsection (1) of section 474.217, Florida
751 Statutes, is amended to read:
752 474.217 Licensure by endorsement.—
753 (1) The department shall issue a license by endorsement to
754 any applicant who, upon applying to the department and remitting
755 a fee set by the board, demonstrates to the board that she or
756 he:
757 (a) Has demonstrated, in a manner designated by rule of the
758 board, knowledge of the laws and rules governing the practice of
759 veterinary medicine in this state; and
760 (b)1. Either Holds, and has held for the 3 years
761 immediately preceding the application for licensure, a valid,
762 active license to practice veterinary medicine in another state
763 of the United States, the District of Columbia, or a territory
764 of the United States, provided that the applicant has
765 successfully completed a state, regional, national, or other
766 examination that is equivalent to or more stringent than the
767 examination required by the board requirements for licensure in
768 the issuing state, district, or territory are equivalent to or
769 more stringent than the requirements of this chapter; or
770 2. Meets the qualifications of s. 474.207(2)(b) and has
771 successfully completed a state, regional, national, or other
772 examination which is equivalent to or more stringent than the
773 examination given by the department and has passed the board’s
774 clinical competency examination or another clinical competency
775 examination specified by rule of the board.
776 Section 51. Subsection (5) of section 476.144, Florida
777 Statutes, is amended to read:
778 476.144 Licensure.—
779 (5) The board shall certify as qualified for licensure by
780 endorsement as a barber in this state an applicant who holds a
781 current active license to practice barbering in another state.
782 The board shall adopt rules specifying procedures for the
783 licensure by endorsement of practitioners desiring to be
784 licensed in this state who hold a current active license in
785 another state or country and who have met qualifications
786 substantially similar to, equivalent to, or greater than the
787 qualifications required of applicants from this state.
788 Section 52. Subsection (9) of section 477.013, Florida
789 Statutes, is amended to read:
790 477.013 Definitions.—As used in this chapter:
791 (9) “Hair braiding” means the weaving or interweaving of
792 natural human hair or commercial hair, including the use of hair
793 extensions or wefts, for compensation without cutting, coloring,
794 permanent waving, relaxing, removing, or chemical treatment and
795 does not include the use of hair extensions or wefts.
796 Section 53. Section 477.0132, Florida Statutes, is
797 repealed.
798 Section 54. Subsections (7) through (11) are added to
799 section 477.0135, Florida Statutes, to read:
800 477.0135 Exemptions.—
801 (7) A license or registration is not required for a person
802 whose occupation or practice is confined solely to hair braiding
803 as defined in s. 477.013(9).
804 (8) A license or registration is not required for a person
805 whose occupation or practice is confined solely to hair wrapping
806 as defined in s. 477.013(10).
807 (9) A license or registration is not required for a person
808 whose occupation or practice is confined solely to body wrapping
809 as defined in s. 477.013(12).
810 (10) A license or registration is not required for a person
811 whose occupation or practice is confined solely to applying
812 polish to fingernails and toenails.
813 (11) A license or registration is not required for a person
814 whose occupation or practice is confined solely to makeup
815 application.
816 Section 55. Subsections (6) and (7) of section 477.019,
817 Florida Statutes, are amended to read:
818 477.019 Cosmetologists; qualifications; licensure;
819 supervised practice; license renewal; endorsement; continuing
820 education.—
821 (6) The board shall certify as qualified for licensure by
822 endorsement as a cosmetologist in this state an applicant who
823 holds a current active license to practice cosmetology in
824 another state. The board may not require proof of educational
825 hours if the license was issued in a state that requires 1,200
826 or more hours of prelicensure education and passage of a written
827 examination. This subsection does not apply to applicants who
828 received their license in another state through an
829 apprenticeship program.
830 (7)(a) The board shall prescribe by rule continuing
831 education requirements intended to ensure protection of the
832 public through updated training of licensees and registered
833 specialists, not to exceed 10 16 hours biennially, as a
834 condition for renewal of a license or registration as a
835 specialist under this chapter. Continuing education courses
836 shall include, but not be limited to, the following subjects as
837 they relate to the practice of cosmetology: human
838 immunodeficiency virus and acquired immune deficiency syndrome;
839 Occupational Safety and Health Administration regulations;
840 workers’ compensation issues; state and federal laws and rules
841 as they pertain to cosmetologists, cosmetology, salons,
842 specialists, specialty salons, and booth renters; chemical
843 makeup as it pertains to hair, skin, and nails; and
844 environmental issues. Courses given at cosmetology conferences
845 may be counted toward the number of continuing education hours
846 required if approved by the board.
847 (b) Any person whose occupation or practice is confined
848 solely to hair braiding, hair wrapping, or body wrapping is
849 exempt from the continuing education requirements of this
850 subsection.
851 (b)(c) The board may, by rule, require any licensee in
852 violation of a continuing education requirement to take a
853 refresher course or refresher course and examination in addition
854 to any other penalty. The number of hours for the refresher
855 course may not exceed 48 hours.
856 Section 56. Paragraph (f) of subsection (1) of section
857 477.026, Florida Statutes, is amended to read:
858 477.026 Fees; disposition.—
859 (1) The board shall set fees according to the following
860 schedule:
861 (f) For hair braiders, hair wrappers, and body wrappers,
862 fees for registration shall not exceed $25.
863 Section 57. Subsection (4) of section 477.0263, Florida
864 Statutes, is amended, and subsection (5) is added to that
865 section, to read:
866 477.0263 Cosmetology services to be performed in licensed
867 salon; exceptions.—
868 (4) Pursuant to rules adopted by the board, any cosmetology
869 or specialty service may be performed in a location other than a
870 licensed salon when the service is performed in connection with
871 a special event and is performed by a person who is employed by
872 a licensed salon and who holds the proper license or specialty
873 registration. An appointment for the performance of any such
874 service in a location other than a licensed salon must be made
875 through a licensed salon.
876 (5) Hair shampooing, hair cutting, and hair arranging may
877 be performed in a location other than a licensed salon when the
878 service is performed by a person who holds the proper license.
879 Section 58. Paragraph (f) of subsection (1) of section
880 477.0265, Florida Statutes, is amended to read:
881 477.0265 Prohibited acts.—
882 (1) It is unlawful for any person to:
883 (f) Advertise or imply that skin care services or body
884 wrapping, as performed under this chapter, have any relationship
885 to the practice of massage therapy as defined in s. 480.033(3),
886 except those practices or activities defined in s. 477.013.
887 Section 59. Paragraph (a) of subsection (1) of section
888 477.029, Florida Statutes, is amended to read:
889 477.029 Penalty.—
890 (1) It is unlawful for any person to:
891 (a) Hold himself or herself out as a cosmetologist or,
892 specialist, hair wrapper, hair braider, or body wrapper unless
893 duly licensed or registered, or otherwise authorized, as
894 provided in this chapter.
895 Section 60. Section 481.201, Florida Statutes, is amended
896 to read:
897 481.201 Purpose.—The primary legislative purpose for
898 enacting this part is to ensure that every architect practicing
899 in this state meets minimum requirements for safe practice. It
900 is the legislative intent that architects who fall below minimum
901 competency or who otherwise present a danger to the public shall
902 be prohibited from practicing in this state. The Legislature
903 further finds that it is in the interest of the public to limit
904 the practice of interior design to interior designers or
905 architects who have the design education and training required
906 by this part or to persons who are exempted from the provisions
907 of this part.
908 Section 61. Section 481.203, Florida Statutes, is amended
909 to read:
910 481.203 Definitions.—As used in this part, the term:
911 (1)(3) “Architect” or “registered architect” means a
912 natural person who is licensed under this part to engage in the
913 practice of architecture.
914 (2)(6) “Architecture” means the rendering or offering to
915 render services in connection with the design and construction
916 of a structure or group of structures which have as their
917 principal purpose human habitation or use, and the utilization
918 of space within and surrounding such structures. These services
919 include planning, providing preliminary study designs, drawings
920 and specifications, job-site inspection, and administration of
921 construction contracts.
922 (3)(1) “Board” means the Board of Architecture and Interior
923 Design.
924 (4)(5) “Business organization” means a partnership, a
925 limited liability company, a corporation, or an individual
926 operating under a fictitious name “Certificate of authorization”
927 means a certificate issued by the department to a corporation or
928 partnership to practice architecture or interior design.
929 (5)(4) “Certificate of registration” means a license issued
930 by the department to a natural person to engage in the practice
931 of architecture or interior design.
932 (6)(13) “Common area” means an area that is held out for
933 use by all tenants or owners in a multiple-unit dwelling,
934 including, but not limited to, a lobby, elevator, hallway,
935 laundry room, clubhouse, or swimming pool.
936 (7)(2) “Department” means the Department of Business and
937 Professional Regulation.
938 (8)(14) “Diversified interior design experience” means
939 experience which substantially encompasses the various elements
940 of interior design services set forth under the definition of
941 “interior design” in subsection (10)(8).
942 (9)(15) “Interior decorator services” includes the
943 selection or assistance in selection of surface materials,
944 window treatments, wallcoverings, paint, floor coverings,
945 surface-mounted lighting, surface-mounted fixtures, and loose
946 furnishings not subject to regulation under applicable building
947 codes.
948 (10)(8) “Interior design” means designs, consultations,
949 studies, drawings, specifications, and administration of design
950 construction contracts relating to nonstructural interior
951 elements of a building or structure. “Interior design” includes,
952 but is not limited to, reflected ceiling plans, space planning,
953 furnishings, and the fabrication of nonstructural elements
954 within and surrounding interior spaces of buildings. “Interior
955 design” specifically excludes the design of or the
956 responsibility for architectural and engineering work, except
957 for specification of fixtures and their location within interior
958 spaces. As used in this subsection, “architectural and
959 engineering interior construction relating to the building
960 systems” includes, but is not limited to, construction of
961 structural, mechanical, plumbing, heating, air-conditioning,
962 ventilating, electrical, or vertical transportation systems, or
963 construction which materially affects lifesafety systems
964 pertaining to firesafety protection such as fire-rated
965 separations between interior spaces, fire-rated vertical shafts
966 in multistory structures, fire-rated protection of structural
967 elements, smoke evacuation and compartmentalization, emergency
968 ingress or egress systems, and emergency alarm systems.
969 (9) “Registered interior designer” or “interior designer”
970 means a natural person who is licensed under this part.
971 (11)(10) “Nonstructural element” means an element which
972 does not require structural bracing and which is something other
973 than a load-bearing wall, load-bearing column, or other load
974 bearing element of a building or structure which is essential to
975 the structural integrity of the building.
976 (12)(11) “Reflected ceiling plan” means a ceiling design
977 plan which is laid out as if it were projected downward and
978 which may include lighting and other elements.
979 (13)(16) “Responsible supervising control” means the
980 exercise of direct personal supervision and control throughout
981 the preparation of documents, instruments of service, or any
982 other work requiring the seal and signature of a licensee under
983 this part.
984 (14)(12) “Space planning” means the analysis, programming,
985 or design of spatial requirements, including preliminary space
986 layouts and final planning.
987 (15)(7) “Townhouse” is a single-family dwelling unit not
988 exceeding three stories in height which is constructed in a
989 series or group of attached units with property lines separating
990 such units. Each townhouse shall be considered a separate
991 building and shall be separated from adjoining townhouses by the
992 use of separate exterior walls meeting the requirements for zero
993 clearance from property lines as required by the type of
994 construction and fire protection requirements; or shall be
995 separated by a party wall; or may be separated by a single wall
996 meeting the following requirements:
997 (a) Such wall shall provide not less than 2 hours of fire
998 resistance. Plumbing, piping, ducts, or electrical or other
999 building services shall not be installed within or through the
1000 2-hour wall unless such materials and methods of penetration
1001 have been tested in accordance with the Standard Building Code.
1002 (b) Such wall shall extend from the foundation to the
1003 underside of the roof sheathing, and the underside of the roof
1004 shall have at least 1 hour of fire resistance for a width not
1005 less than 4 feet on each side of the wall.
1006 (c) Each dwelling unit sharing such wall shall be designed
1007 and constructed to maintain its structural integrity independent
1008 of the unit on the opposite side of the wall.
1009 Section 62. Subsection (1) and paragraph (a) of subsection
1010 (3) of section 481.205, Florida Statutes, are amended to read:
1011 481.205 Board of Architecture and Interior Design.—
1012 (1) The Board of Architecture and Interior Design is
1013 created within the Department of Business and Professional
1014 Regulation. The board shall consist of seven 11 members. Five
1015 members must be registered architects who have been engaged in
1016 the practice of architecture for at least 5 years; three members
1017 must be registered interior designers who have been offering
1018 interior design services for at least 5 years and who are not
1019 also registered architects; and two three members must be
1020 laypersons who are not, and have never been, architects,
1021 interior designers, or members of any closely related profession
1022 or occupation. At least one member of the board must be 60 years
1023 of age or older.
1024 (3)(a) Notwithstanding the provisions of ss. 455.225,
1025 455.228, and 455.32, the duties and authority of the department
1026 to receive complaints and investigate and discipline persons
1027 licensed under this part, including the ability to determine
1028 legal sufficiency and probable cause; to initiate proceedings
1029 and issue final orders for summary suspension or restriction of
1030 a license pursuant to s. 120.60(6); to issue notices of
1031 noncompliance, notices to cease and desist, subpoenas, and
1032 citations; to retain legal counsel, investigators, or
1033 prosecutorial staff in connection with the licensed practice of
1034 architecture and interior design; and to investigate and deter
1035 the unlicensed practice of architecture and interior design as
1036 provided in s. 455.228 are delegated to the board. All
1037 complaints and any information obtained pursuant to an
1038 investigation authorized by the board are confidential and
1039 exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
1040 Section 63. Section 481.207, Florida Statutes, is amended
1041 to read:
1042 481.207 Fees.—The board, by rule, may establish separate
1043 fees for architects and interior designers, to be paid for
1044 applications, examination, reexamination, licensing and renewal,
1045 delinquency, reinstatement, and recordmaking and recordkeeping.
1046 The examination fee shall be in an amount that covers the cost
1047 of obtaining and administering the examination and shall be
1048 refunded if the applicant is found ineligible to sit for the
1049 examination. The application fee is nonrefundable. The fee for
1050 initial application and examination for architects and interior
1051 designers may not exceed $775 plus the actual per applicant cost
1052 to the department for purchase of the examination from the
1053 National Council of Architectural Registration Boards or the
1054 National Council of Interior Design Qualifications,
1055 respectively, or similar national organizations. The biennial
1056 renewal fee for architects may not exceed $200. The biennial
1057 renewal fee for interior designers may not exceed $500. The
1058 delinquency fee may not exceed the biennial renewal fee
1059 established by the board for an active license. The board shall
1060 establish fees that are adequate to ensure the continued
1061 operation of the board and to fund the proportionate expenses
1062 incurred by the department which are allocated to the regulation
1063 of architects and interior designers. Fees shall be based on
1064 department estimates of the revenue required to implement this
1065 part and the provisions of law with respect to the regulation of
1066 architects and interior designers.
1067 Section 64. Section 481.209, Florida Statutes, is amended
1068 to read:
1069 481.209 Examinations.—
1070 (1) A person desiring to be licensed as a registered
1071 architect by initial examination shall apply to the department,
1072 complete the application form, and remit a nonrefundable
1073 application fee. The department shall license any applicant who
1074 the board certifies:
1075 (a) has passed the licensure examination prescribed by
1076 board rule; and
1077 (b) is a graduate of a school or college of architecture
1078 with a program accredited by the National Architectural
1079 Accreditation Board.
1080 (2) A person desiring to be licensed as a registered
1081 interior designer shall apply to the department for licensure.
1082 The department shall administer the licensure examination for
1083 interior designers to each applicant who has completed the
1084 application form and remitted the application and examination
1085 fees specified in s. 481.207 and who the board certifies:
1086 (a) Is a graduate from an interior design program of 5
1087 years or more and has completed 1 year of diversified interior
1088 design experience;
1089 (b) Is a graduate from an interior design program of 4
1090 years or more and has completed 2 years of diversified interior
1091 design experience;
1092 (c) Has completed at least 3 years in an interior design
1093 curriculum and has completed 3 years of diversified interior
1094 design experience; or
1095 (d) Is a graduate from an interior design program of at
1096 least 2 years and has completed 4 years of diversified interior
1097 design experience.
1098 Subsequent to October 1, 2000, for the purpose of having the
1099 educational qualification required under this subsection
1100 accepted by the board, the applicant must complete his or her
1101 education at a program, school, or college of interior design
1102 whose curriculum has been approved by the board as of the time
1103 of completion. Subsequent to October 1, 2003, all of the
1104 required amount of educational credits shall have been obtained
1105 in a program, school, or college of interior design whose
1106 curriculum has been approved by the board, as of the time each
1107 educational credit is gained. The board shall adopt rules
1108 providing for the review and approval of programs, schools, and
1109 colleges of interior design and courses of interior design study
1110 based on a review and inspection by the board of the curriculum
1111 of programs, schools, and colleges of interior design in the
1112 United States, including those programs, schools, and colleges
1113 accredited by the Foundation for Interior Design Education
1114 Research. The board shall adopt rules providing for the review
1115 and approval of diversified interior design experience required
1116 by this subsection.
1117 Section 65. Subsections (1) through (4) of section 481.213,
1118 Florida Statutes, are amended to read:
1119 481.213 Licensure.—
1120 (1) The department shall license any applicant who the
1121 board certifies is qualified for licensure and who has paid the
1122 initial licensure fee. Licensure as an architect under this
1123 section shall be deemed to include all the rights and privileges
1124 of licensure as an interior designer under this section.
1125 (2) The board shall certify for licensure by examination
1126 any applicant who passes the prescribed licensure examination
1127 and satisfies the requirements of ss. 481.209 and 481.211, for
1128 architects, or the requirements of s. 481.209, for interior
1129 designers.
1130 (3) The board shall certify as qualified for a license by
1131 endorsement as an architect or as an interior designer an
1132 applicant who:
1133 (a) Qualifies to take the prescribed licensure examination,
1134 and has passed the prescribed licensure examination or a
1135 substantially equivalent examination in another jurisdiction, as
1136 set forth in s. 481.209 for architects or interior designers, as
1137 applicable, and has satisfied the internship requirements set
1138 forth in s. 481.211 for architects;
1139 (b) Holds a valid license to practice architecture or
1140 interior design issued by another jurisdiction of the United
1141 States, if the criteria for issuance of such license were
1142 substantially equivalent to the licensure criteria that existed
1143 in this state at the time the license was issued; provided,
1144 however, that an applicant who has been licensed for use of the
1145 title “interior design” rather than licensed to practice
1146 interior design shall not qualify hereunder; or
1147 (c) Has passed the prescribed licensure examination and
1148 holds a valid certificate issued by the National Council of
1149 Architectural Registration Boards, and holds a valid license to
1150 practice architecture issued by another state or jurisdiction of
1151 the United States.
1152 (4) The board may refuse to certify any applicant who has
1153 violated any of the provisions of s. 481.223, or s. 481.225, or
1154 s. 481.2251, as applicable.
1155 Section 66. Section 481.2131, Florida Statutes, is amended
1156 to read:
1157 481.2131 Interior design; practice requirements; disclosure
1158 of compensation for professional services.—
1159 (1) A registered interior designer is authorized to perform
1160 “interior design” as defined in s. 481.203. Interior design
1161 documents prepared by a registered interior designer shall
1162 contain a statement that the document is not an architectural or
1163 engineering study, drawing, specification, or design and is not
1164 to be used for construction of any load-bearing columns, load
1165 bearing framing or walls of structures, or issuance of any
1166 building permit, except as otherwise provided by law. Interior
1167 design documents that are prepared and sealed by an a registered
1168 interior designer must may, if required by a permitting body, be
1169 accepted by the permitting body be submitted for the issuance of
1170 a building permit for interior construction excluding design of
1171 any structural, mechanical, plumbing, heating, air-conditioning,
1172 ventilating, electrical, or vertical transportation systems or
1173 that materially affect lifesafety systems pertaining to
1174 firesafety protection such as fire-rated separations between
1175 interior spaces, fire-rated vertical shafts in multistory
1176 structures, fire-rated protection of structural elements, smoke
1177 evacuation and compartmentalization, emergency ingress or egress
1178 systems, and emergency alarm systems. Interior design documents
1179 submitted for the issuance of a building permit by an individual
1180 performing interior design services who is not a licensed
1181 architect must include written proof that such individual has
1182 successfully passed the qualification examination prescribed by
1183 either the National Council for Interior Design Qualifications
1184 or the California Council for Interior Design Certification. All
1185 drawings, plans, specifications, or reports prepared or issued
1186 by the interior designer and filed for public record shall bear
1187 the signature of the interior designer who prepared or approved
1188 the document and the date on which they were signed. The
1189 signature and date shall be evidence of the authenticity of that
1190 to which they are affixed. Final plans, specifications, or
1191 reports prepared or issued by an interior designer may be
1192 transmitted electronically and may be electronically signed by
1193 the interior designer.
1194 (2) A license or registration is not required for a person
1195 whose occupation or practice is confined to interior design or
1196 interior decorator services An interior designer shall, before
1197 entering into a contract, verbal or written, clearly determine
1198 the scope and nature of the project and the method or methods of
1199 compensation. The interior designer may offer professional
1200 services to the client as a consultant, specifier, or supplier
1201 on the basis of a fee, percentage, or markup. The interior
1202 designer shall have the responsibility of fully disclosing to
1203 the client the manner in which all compensation is to be paid.
1204 Unless the client knows and agrees, the interior designer shall
1205 not accept any form of compensation from a supplier of goods and
1206 services in cash or in kind.
1207 Section 67. Subsections (3) and (5) of section 481.215,
1208 Florida Statutes, are amended to read:
1209 481.215 Renewal of license.—
1210 (3) A No license renewal may not shall be issued to an
1211 architect or an interior designer by the department until the
1212 licensee submits proof satisfactory to the department that,
1213 during the 2 years before prior to application for renewal, the
1214 licensee participated per biennium in not less than 20 hours of
1215 at least 50 minutes each per biennium of continuing education
1216 approved by the board. The board shall approve only continuing
1217 education that builds upon the basic knowledge of architecture
1218 or interior design. The board may make exception from the
1219 requirements of continuing education in emergency or hardship
1220 cases.
1221 (5) The board shall require, by rule adopted pursuant to
1222 ss. 120.536(1) and 120.54, a specified number of hours in
1223 specialized or advanced courses, approved by the Florida
1224 Building Commission, on any portion of the Florida Building
1225 Code, adopted pursuant to part IV of chapter 553, relating to
1226 the licensee’s respective area of practice.
1227 Section 68. Subsection (1) of section 481.217, Florida
1228 Statutes, is amended to read:
1229 481.217 Inactive status.—
1230 (1) The board may prescribe by rule continuing education
1231 requirements as a condition of reactivating a license. The rules
1232 may not require more than one renewal cycle of continuing
1233 education to reactivate a license for a registered architect or
1234 interior designer. For interior design, the board may approve
1235 only continuing education that builds upon the basic knowledge
1236 of interior design.
1237 Section 69. Section 481.219, Florida Statutes, is amended
1238 to read:
1239 481.219 Qualification of business organizations
1240 certification of partnerships, limited liability companies, and
1241 corporations.—
1242 (1) A licensee may The practice of or the offer to practice
1243 architecture or interior design by licensees through a qualified
1244 business organization that offers corporation, limited liability
1245 company, or partnership offering architectural or interior
1246 design services to the public, or by a corporation, limited
1247 liability company, or partnership offering architectural or
1248 interior design services to the public through licensees under
1249 this part as agents, employees, officers, or partners, is
1250 permitted, subject to the provisions of this section.
1251 (2) If a licensee or an applicant proposes to engage in the
1252 practice of architecture as a business organization, the
1253 licensee or applicant shall qualify the business organization
1254 upon approval of the board For the purposes of this section, a
1255 certificate of authorization shall be required for a
1256 corporation, limited liability company, partnership, or person
1257 practicing under a fictitious name, offering architectural
1258 services to the public jointly or separately. However, when an
1259 individual is practicing architecture in her or his own name,
1260 she or he shall not be required to be certified under this
1261 section. Certification under this subsection to offer
1262 architectural services shall include all the rights and
1263 privileges of certification under subsection (3) to offer
1264 interior design services.
1265 (3)(a) A business organization may not engage in the
1266 practice of architecture unless its qualifying agent is a
1267 registered architect under this part. A qualifying agent who
1268 terminates an affiliation with a qualified business organization
1269 shall immediately notify the department of such termination. If
1270 such qualifying agent is the only qualifying agent for that
1271 business organization, the business organization must be
1272 qualified by another qualifying agent within 60 days after the
1273 termination. Except as provided in paragraph (b), the business
1274 organization may not engage in the practice of architecture
1275 until it is qualified by another qualifying agent.
1276 (b) In the event a qualifying agent ceases employment with
1277 a qualified business organization, the executive director or the
1278 chair of the board may authorize another registered architect
1279 employed by the business organization to temporarily serve as
1280 its qualifying agent for a period of no more than 60 days. The
1281 business organization is not authorized to operate beyond such
1282 period under this chapter absent replacement of the qualifying
1283 agent who has ceased employment.
1284 (c) A qualifying agent shall notify the department in
1285 writing before engaging in the practice of architecture in her
1286 or his own name or in affiliation with a different business
1287 organization, and she or he or such business organization shall
1288 supply the same information to the department as required of
1289 applicants under this part.
1290 (3) For the purposes of this section, a certificate of
1291 authorization shall be required for a corporation, limited
1292 liability company, partnership, or person operating under a
1293 fictitious name, offering interior design services to the public
1294 jointly or separately. However, when an individual is practicing
1295 interior design in her or his own name, she or he shall not be
1296 required to be certified under this section.
1297 (4) All final construction documents and instruments of
1298 service which include drawings, specifications, plans, reports,
1299 or other papers or documents that involve involving the practice
1300 of architecture which are prepared or approved for the use of
1301 the business organization corporation, limited liability
1302 company, or partnership and filed for public record within the
1303 state must shall bear the signature and seal of the licensee who
1304 prepared or approved them and the date on which they were
1305 sealed.
1306 (5) All drawings, specifications, plans, reports, or other
1307 papers or documents prepared or approved for the use of the
1308 corporation, limited liability company, or partnership by an
1309 interior designer in her or his professional capacity and filed
1310 for public record within the state shall bear the signature and
1311 seal of the licensee who prepared or approved them and the date
1312 on which they were sealed.
1313 (6) The department shall issue a certificate of
1314 authorization to any applicant who the board certifies as
1315 qualified for a certificate of authorization and who has paid
1316 the fee set in s. 481.207.
1317 (5)(7) The board shall allow a licensee or certify an
1318 applicant to qualify one or more business organizations as
1319 qualified for a certificate of authorization to offer
1320 architectural or interior design services, or to use a
1321 fictitious name to offer such services, if provided that:
1322 (a) one or more of the principal officers of the
1323 corporation or limited liability company, or one or more
1324 partners of the partnership, and all personnel of the
1325 corporation, limited liability company, or partnership who act
1326 in its behalf in this state as architects, are registered as
1327 provided by this part.; or
1328 (b) One or more of the principal officers of the
1329 corporation or one or more partners of the partnership, and all
1330 personnel of the corporation, limited liability company, or
1331 partnership who act in its behalf in this state as interior
1332 designers, are registered as provided by this part.
1333 (8) The department shall adopt rules establishing a
1334 procedure for the biennial renewal of certificates of
1335 authorization.
1336 (9) The department shall renew a certificate of
1337 authorization upon receipt of the renewal application and
1338 biennial renewal fee.
1339 (6)(10) Each qualifying agent who qualifies a business
1340 organization partnership, limited liability company, and
1341 corporation certified under this section shall notify the
1342 department within 30 days after of any change in the information
1343 contained in the application upon which the qualification
1344 certification is based. Any registered architect or interior
1345 designer who qualifies the business organization shall ensure
1346 corporation, limited liability company, or partnership as
1347 provided in subsection (7) shall be responsible for ensuring
1348 responsible supervising control of projects of the business
1349 organization entity and shall notify the department of the upon
1350 termination of her or his employment with a business
1351 organization qualified partnership, limited liability company,
1352 or corporation certified under this section shall notify the
1353 department of the termination within 30 days after such
1354 termination.
1355 (7)(11) A business organization is not No corporation,
1356 limited liability company, or partnership shall be relieved of
1357 responsibility for the conduct or acts of its agents, employees,
1358 or officers by reason of its compliance with this section.
1359 However, except as provided in s. 558.0035, the architect who
1360 signs and seals the construction documents and instruments of
1361 service is shall be liable for the professional services
1362 performed, and the interior designer who signs and seals the
1363 interior design drawings, plans, or specifications shall be
1364 liable for the professional services performed.
1365 (12) Disciplinary action against a corporation, limited
1366 liability company, or partnership shall be administered in the
1367 same manner and on the same grounds as disciplinary action
1368 against a registered architect or interior designer,
1369 respectively.
1370 (8)(13) Nothing in This section may not shall be construed
1371 to mean that a certificate of registration to practice
1372 architecture or interior design must shall be held by a business
1373 organization corporation, limited liability company, or
1374 partnership. Nothing in This section does not prohibit a
1375 business organization from offering prohibits corporations,
1376 limited liability companies, and partnerships from joining
1377 together to offer architectural or, engineering, interior
1378 design, surveying and mapping, and landscape architectural
1379 services, or any combination of such services, to the public if
1380 the business organization, provided that each corporation,
1381 limited liability company, or partnership otherwise meets the
1382 requirements of law.
1383 (14) Corporations, limited liability companies, or
1384 partnerships holding a valid certificate of authorization to
1385 practice architecture shall be permitted to use in their title
1386 the term “interior designer” or “registered interior designer.”
1387 Section 70. Subsections (4), (6), (8), (10), (11), and (12)
1388 of section 481.221, Florida Statutes, are renumbered as
1389 subsections (3), (4), (5), (6), (7), and (8), respectively, and
1390 present subsections (3), (5), (7), (9), (10), (11), and (12) of
1391 that section are amended to read:
1392 481.221 Seals; display of certificate number; permitting
1393 requirements.—
1394 (3) The board shall adopt a rule prescribing the distinctly
1395 different seals to be used by registered interior designers
1396 holding valid certificates of registration. Each registered
1397 interior designer shall obtain a seal as prescribed by the
1398 board, and all drawings, plans, specifications, or reports
1399 prepared or issued by the registered interior designer and being
1400 filed for public record shall bear the signature and seal of the
1401 registered interior designer who prepared or approved the
1402 document and the date on which they were sealed. The signature,
1403 date, and seal shall be evidence of the authenticity of that to
1404 which they are affixed. Final plans, specifications, or reports
1405 prepared or issued by a registered interior designer may be
1406 transmitted electronically and may be signed by the registered
1407 interior designer, dated, and sealed electronically with the
1408 seal in accordance with ss. 668.001-668.006.
1409 (5) No registered interior designer shall affix, or permit
1410 to be affixed, her or his seal or signature to any plan,
1411 specification, drawing, or other document which depicts work
1412 which she or he is not competent or licensed to perform.
1413 (7) No registered interior designer shall affix her or his
1414 signature or seal to any plans, specifications, or other
1415 documents which were not prepared by her or him or under her or
1416 his responsible supervising control or by another registered
1417 interior designer and reviewed, approved, or modified and
1418 adopted by her or him as her or his own work according to rules
1419 adopted by the board.
1420 (9) Studies, drawings, specifications, and other related
1421 documents prepared by a registered interior designer in
1422 providing interior design services shall be of a sufficiently
1423 high standard to clearly and accurately indicate all essential
1424 parts of the work to which they refer.
1425 (6)(10) Each registered architect must or interior
1426 designer, and each corporation, limited liability company, or
1427 partnership holding a certificate of authorization, shall
1428 include her or his license its certificate number in any
1429 newspaper, telephone directory, or other advertising medium used
1430 by the registered licensee architect, interior designer,
1431 corporation, limited liability company, or partnership. Each
1432 business organization must include the license number of the
1433 registered architect who serves as the qualifying agent for that
1434 business organization in any newspaper, telephone directory, or
1435 other advertising medium used by the business organization. A
1436 business organization is not required to display the license
1437 numbers of other registered architects employed by the business
1438 organization A corporation, limited liability company, or
1439 partnership is not required to display the certificate number of
1440 individual registered architects or interior designers employed
1441 by or working within the corporation, limited liability company,
1442 or partnership.
1443 (7)(11) When the certificate of registration of a
1444 registered architect or interior designer has been revoked or
1445 suspended by the board, the registered architect or interior
1446 designer shall surrender her or his seal to the secretary of the
1447 board within a period of 30 days after the revocation or
1448 suspension has become effective. If the certificate of the
1449 registered architect or interior designer has been suspended for
1450 a period of time, her or his seal shall be returned to her or
1451 him upon expiration of the suspension period.
1452 (8)(12) A person may not sign and seal by any means any
1453 final plan, specification, or report after her or his
1454 certificate of registration has expired or is suspended or
1455 revoked. A registered architect or interior designer whose
1456 certificate of registration is suspended or revoked shall,
1457 within 30 days after the effective date of the suspension or
1458 revocation, surrender her or his seal to the executive director
1459 of the board and confirm in writing to the executive director
1460 the cancellation of the registered architect’s or interior
1461 designer’s electronic signature in accordance with ss. 668.001
1462 668.006. When a registered architect’s or interior designer’s
1463 certificate of registration is suspended for a period of time,
1464 her or his seal shall be returned upon expiration of the period
1465 of suspension.
1466 Section 71. Section 481.222, Florida Statutes, is amended
1467 to read:
1468 481.222 Architects performing building code inspection
1469 services.—Notwithstanding any other provision of law, a person
1470 who is currently licensed to practice as an architect under this
1471 part may provide building code inspection services described in
1472 s. 468.603(5) and (8) to a local government or state agency upon
1473 its request, without being certified by the Florida Building
1474 Code Administrators and Inspectors Board under part XII of
1475 chapter 468. With respect to the performance of such building
1476 code inspection services, the architect is subject to the
1477 disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
1478 Any complaint processing, investigation, and discipline that
1479 arise out of an architect’s performance of building code
1480 inspection services shall be conducted by the Board of
1481 Architecture and Interior Design rather than the Florida
1482 Building Code Administrators and Inspectors Board. An architect
1483 may not perform plans review as an employee of a local
1484 government upon any job that the architect or the architect’s
1485 company designed.
1486 Section 72. Section 481.223, Florida Statutes, is amended
1487 to read:
1488 481.223 Prohibitions; penalties; injunctive relief.—
1489 (1) A person may not knowingly:
1490 (a) Practice architecture unless the person is an architect
1491 or a registered architect; however, a licensed architect who has
1492 been licensed by the board and who chooses to relinquish or not
1493 to renew his or her license may use the title “Architect,
1494 Retired” but may not otherwise render any architectural
1495 services.
1496 (b) Practice interior design unless the person is a
1497 registered interior designer unless otherwise exempted herein;
1498 however, an interior designer who has been licensed by the board
1499 and who chooses to relinquish or not to renew his or her license
1500 may use the title “Interior Designer, Retired” but may not
1501 otherwise render any interior design services.
1502 (b)(c) Use the name or title “architect,” or “registered
1503 architect,” or “interior designer” or “registered interior
1504 designer,” or words to that effect, when the person is not then
1505 the holder of a valid license issued pursuant to this part.
1506 (c)(d) Present as his or her own the license of another.
1507 (d)(e) Give false or forged evidence to the board or a
1508 member thereof.
1509 (e)(f) Use or attempt to use an architect or interior
1510 designer license that has been suspended, revoked, or placed on
1511 inactive or delinquent status.
1512 (f)(g) Employ unlicensed persons to practice architecture
1513 or interior design.
1514 (g)(h) Conceal information relative to violations of this
1515 part.
1516 (2) Any person who violates any provision of subsection (1)
1517 commits a misdemeanor of the first degree, punishable as
1518 provided in s. 775.082 or s. 775.083.
1519 (3)(a) Notwithstanding chapter 455 or any other law to the
1520 contrary, an affected person may maintain an action for
1521 injunctive relief to restrain or prevent a person from violating
1522 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1523 prevailing party is entitled to actual costs and attorney’s
1524 fees.
1525 (b) For purposes of this subsection, the term “affected
1526 person” means a person directly affected by the actions of a
1527 person suspected of violating paragraph (1)(a) or, paragraph
1528 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1529 the department, any person who received services from the
1530 alleged violator, or any private association composed primarily
1531 of members of the profession the alleged violator is practicing
1532 or offering to practice or holding himself or herself out as
1533 qualified to practice.
1534 Section 73. Section 481.2251, Florida Statutes, is
1535 repealed.
1536 Section 74. Subsections (5) through (8) of section 481.229,
1537 Florida Statutes, are amended to read:
1538 481.229 Exceptions; exemptions from licensure.—
1539 (5)(a) Nothing contained in this part shall prevent a
1540 registered architect or a partnership, limited liability
1541 company, or corporation holding a valid certificate of
1542 authorization to provide architectural services from performing
1543 any interior design service or from using the title “interior
1544 designer” or “registered interior designer.”
1545 (b) Notwithstanding any other provision of this part, all
1546 persons licensed as architects under this part shall be
1547 qualified for interior design licensure upon submission of a
1548 completed application for such license and a fee not to exceed
1549 $30. Such persons shall be exempt from the requirements of s.
1550 481.209(2). For architects licensed as interior designers,
1551 satisfaction of the requirements for renewal of licensure as an
1552 architect under s. 481.215 shall be deemed to satisfy the
1553 requirements for renewal of licensure as an interior designer
1554 under that section. Complaint processing, investigation, or
1555 other discipline-related legal costs related to persons licensed
1556 as interior designers under this paragraph shall be assessed
1557 against the architects’ account of the Regulatory Trust Fund.
1558 (c) Notwithstanding any other provision of this part, any
1559 corporation, partnership, or person operating under a fictitious
1560 name which holds a certificate of authorization to provide
1561 architectural services shall be qualified, without fee, for a
1562 certificate of authorization to provide interior design services
1563 upon submission of a completed application therefor. For
1564 corporations, partnerships, and persons operating under a
1565 fictitious name which hold a certificate of authorization to
1566 provide interior design services, satisfaction of the
1567 requirements for renewal of the certificate of authorization to
1568 provide architectural services under s. 481.219 shall be deemed
1569 to satisfy the requirements for renewal of the certificate of
1570 authorization to provide interior design services under that
1571 section.
1572 (6) This part shall not apply to:
1573 (a) A person who performs interior design services or
1574 interior decorator services for any residential application,
1575 provided that such person does not advertise as, or represent
1576 himself or herself as, an interior designer. For purposes of
1577 this paragraph, “residential applications” includes all types of
1578 residences, including, but not limited to, residence buildings,
1579 single-family homes, multifamily homes, townhouses, apartments,
1580 condominiums, and domestic outbuildings appurtenant to one
1581 family or two-family residences. However, “residential
1582 applications” does not include common areas associated with
1583 instances of multiple-unit dwelling applications.
1584 (b) An employee of a retail establishment providing
1585 “interior decorator services” on the premises of the retail
1586 establishment or in the furtherance of a retail sale or
1587 prospective retail sale, provided that such employee does not
1588 advertise as, or represent himself or herself as, an interior
1589 designer.
1590 (7) Nothing in this part shall be construed as authorizing
1591 or permitting an interior designer to engage in the business of,
1592 or to act as, a contractor within the meaning of chapter 489,
1593 unless registered or certified as a contractor pursuant to
1594 chapter 489.
1595 (5)(8) A manufacturer of commercial food service equipment
1596 or the manufacturer’s representative, distributor, or dealer or
1597 an employee thereof, who prepares designs, specifications, or
1598 layouts for the sale or installation of such equipment is exempt
1599 from licensure as an architect or interior designer, if:
1600 (a) The designs, specifications, or layouts are not used
1601 for construction or installation that may affect structural,
1602 mechanical, plumbing, heating, air conditioning, ventilating,
1603 electrical, or vertical transportation systems.
1604 (b) The designs, specifications, or layouts do not
1605 materially affect lifesafety systems pertaining to firesafety
1606 protection, smoke evacuation and compartmentalization, and
1607 emergency ingress or egress systems.
1608 (c) Each design, specification, or layout document prepared
1609 by a person or entity exempt under this subsection contains a
1610 statement on each page of the document that the designs,
1611 specifications, or layouts are not architectural, interior
1612 design, or engineering designs, specifications, or layouts and
1613 not used for construction unless reviewed and approved by a
1614 licensed architect or engineer.
1615 Section 75. Subsection (1) of section 481.231, Florida
1616 Statutes, is amended to read:
1617 481.231 Effect of part locally.—
1618 (1) Nothing in This part does not shall be construed to
1619 repeal, amend, limit, or otherwise affect any specific provision
1620 of any local building code or zoning law or ordinance that has
1621 been duly adopted, now or hereafter enacted, which is more
1622 restrictive, with respect to the services of registered
1623 architects or registered interior designers, than the provisions
1624 of this part; provided, however, that a licensed architect shall
1625 be deemed licensed as an interior designer for purposes of
1626 offering or rendering interior design services to a county,
1627 municipality, or other local government or political
1628 subdivision.
1629 Section 76. Section 481.303, Florida Statutes, is amended
1630 to read:
1631 481.303 Definitions.—As used in this chapter, the term:
1632 (1) “Board” means the Board of Landscape Architecture.
1633 (2)(4) “Certificate of registration” means a license issued
1634 by the department to a natural person to engage in the practice
1635 of landscape architecture.
1636 (3)(2) “Department” means the Department of Business and
1637 Professional Regulation.
1638 (5) “Certificate of authorization” means a license issued
1639 by the department to a corporation or partnership to engage in
1640 the practice of landscape architecture.
1641 (4)(6) “Landscape architecture” means professional
1642 services, including, but not limited to, the following:
1643 (a) Consultation, investigation, research, planning,
1644 design, preparation of drawings, specifications, contract
1645 documents and reports, responsible construction supervision, or
1646 landscape management in connection with the planning and
1647 development of land and incidental water areas, including the
1648 use of Florida-friendly landscaping as defined in s. 373.185,
1649 where, and to the extent that, the dominant purpose of such
1650 services or creative works is the preservation, conservation,
1651 enhancement, or determination of proper land uses, natural land
1652 features, ground cover and plantings, or naturalistic and
1653 aesthetic values;
1654 (b) The determination of settings, grounds, and approaches
1655 for and the siting of buildings and structures, outdoor areas,
1656 or other improvements;
1657 (c) The setting of grades, shaping and contouring of land
1658 and water forms, determination of drainage, and provision for
1659 storm drainage and irrigation systems where such systems are
1660 necessary to the purposes outlined herein; and
1661 (d) The design of such tangible objects and features as are
1662 necessary to the purpose outlined herein.
1663 (5)(7) “Landscape design” means consultation for and
1664 preparation of planting plans drawn for compensation, including
1665 specifications and installation details for plant materials,
1666 soil amendments, mulches, edging, gravel, and other similar
1667 materials. Such plans may include only recommendations for the
1668 conceptual placement of tangible objects for landscape design
1669 projects. Construction documents, details, and specifications
1670 for tangible objects and irrigation systems shall be designed or
1671 approved by licensed professionals as required by law.
1672 (6)(3) “Registered landscape architect” means a person who
1673 holds a license to practice landscape architecture in this state
1674 under the authority of this act.
1675 Section 77. Section 481.310, Florida Statutes, is amended
1676 to read:
1677 481.310 Practical experience requirement.—Beginning October
1678 1, 1990, every applicant for licensure as a registered landscape
1679 architect shall demonstrate, prior to licensure, 1 year of
1680 practical experience in landscape architectural work. An
1681 applicant who holds a master of landscape architecture degree is
1682 not required to demonstrate 1 year of practical experience in
1683 landscape architectural work to obtain licensure. The board
1684 shall adopt rules providing standards for the required
1685 experience. An applicant who qualifies for examination pursuant
1686 to s. 481.309(1)(b)1. may obtain the practical experience after
1687 completing the required professional degree. Experience used to
1688 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1689 be used to satisfy the practical experience requirement under
1690 this section.
1691 Section 78. Subsections (5) and (6) of section 481.311,
1692 Florida Statutes, are renumbered as subsections (4) and (5),
1693 respectively, and subsection (3) and present subsection (4) of
1694 that section are amended, to read:
1695 481.311 Licensure.—
1696 (3) The board shall certify as qualified for a license by
1697 endorsement an applicant who:
1698 (a) Qualifies to take the examination as set forth in s.
1699 481.309; and has passed a national, regional, state, or
1700 territorial licensing examination which is substantially
1701 equivalent to the examination required by s. 481.309; or
1702 (b) Holds a valid license to practice landscape
1703 architecture issued by another state or territory of the United
1704 States, if the criteria for issuance of such license were
1705 substantially identical to the licensure criteria which existed
1706 in this state at the time the license was issued; or.
1707 (c) Has held a valid license to practice landscape
1708 architecture in another state or territory of the United States
1709 for at least 10 years before the date of application and has
1710 successfully completed a state, regional, national, or other
1711 examination that is equivalent to or more stringent than the
1712 examination required by the board, subject to subsection (5). An
1713 applicant who has met the requirements to be qualified for a
1714 license by endorsement except for successful completion of an
1715 examination that is equivalent to or more stringent than the
1716 examination required by the board may take the examination
1717 required by the board without completing additional education
1718 requirements.
1719 (4) The board shall certify as qualified for a certificate
1720 of authorization any applicant corporation or partnership who
1721 satisfies the requirements of s. 481.319.
1722 Section 79. Subsection (2) of section 481.317, Florida
1723 Statutes, is amended to read:
1724 481.317 Temporary certificates.—
1725 (2) Upon approval by the board and payment of the fee set
1726 in s. 481.307, the department shall grant a temporary
1727 certificate of authorization for work on one specified project
1728 in this state for a period not to exceed 1 year to an out-of
1729 state corporation, partnership, or firm, provided one of the
1730 principal officers of the corporation, one of the partners of
1731 the partnership, or one of the principals in the fictitiously
1732 named firm has obtained a temporary certificate of registration
1733 in accordance with subsection (1).
1734 Section 80. Section 481.319, Florida Statutes, is amended
1735 to read:
1736 481.319 Corporate and partnership practice of landscape
1737 architecture; certificate of authorization.—
1738 (1) The practice of or offer to practice landscape
1739 architecture by registered landscape architects registered under
1740 this part through a corporation or partnership offering
1741 landscape architectural services to the public, or through a
1742 corporation or partnership offering landscape architectural
1743 services to the public through individual registered landscape
1744 architects as agents, employees, officers, or partners, is
1745 permitted, subject to the provisions of this section, if:
1746 (a) One or more of the principal officers of the
1747 corporation, or partners of the partnership, and all personnel
1748 of the corporation or partnership who act in its behalf as
1749 landscape architects in this state are registered landscape
1750 architects; and
1751 (b) One or more of the officers, one or more of the
1752 directors, one or more of the owners of the corporation, or one
1753 or more of the partners of the partnership is a registered
1754 landscape architect; and
1755 (c) The corporation or partnership has been issued a
1756 certificate of authorization by the board as provided herein.
1757 (2) All documents involving the practice of landscape
1758 architecture which are prepared for the use of the corporation
1759 or partnership shall bear the signature and seal of a registered
1760 landscape architect.
1761 (3) A landscape architect applying to practice in the name
1762 of a An applicant corporation must shall file with the
1763 department the names and addresses of all officers and board
1764 members of the corporation, including the principal officer or
1765 officers, duly registered to practice landscape architecture in
1766 this state and, also, of all individuals duly registered to
1767 practice landscape architecture in this state who shall be in
1768 responsible charge of the practice of landscape architecture by
1769 the corporation in this state. A landscape architect applying to
1770 practice in the name of a An applicant partnership must shall
1771 file with the department the names and addresses of all partners
1772 of the partnership, including the partner or partners duly
1773 registered to practice landscape architecture in this state and,
1774 also, of an individual or individuals duly registered to
1775 practice landscape architecture in this state who shall be in
1776 responsible charge of the practice of landscape architecture by
1777 said partnership in this state.
1778 (4) Each landscape architect qualifying a partnership or
1779 and corporation licensed under this part must shall notify the
1780 department within 1 month after of any change in the information
1781 contained in the application upon which the license is based.
1782 Any landscape architect who terminates her or his or her
1783 employment with a partnership or corporation licensed under this
1784 part shall notify the department of the termination within 1
1785 month after such termination.
1786 (5) Disciplinary action against a corporation or
1787 partnership shall be administered in the same manner and on the
1788 same grounds as disciplinary action against a registered
1789 landscape architect.
1790 (5)(6) Except as provided in s. 558.0035, the fact that a
1791 registered landscape architect practices landscape architecture
1792 through a corporation or partnership as provided in this section
1793 does not relieve the landscape architect from personal liability
1794 for her or his or her professional acts.
1795 Section 81. Subsection (5) of section 481.321, Florida
1796 Statutes, is amended to read:
1797 481.321 Seals; display of certificate number.—
1798 (5) Each registered landscape architect must and each
1799 corporation or partnership holding a certificate of
1800 authorization shall include her or his its certificate number in
1801 any newspaper, telephone directory, or other advertising medium
1802 used by the registered landscape architect, corporation, or
1803 partnership. A corporation or partnership must is not required
1804 to display the certificate number numbers of at least one
1805 officer, director, owner, or partner who is a individual
1806 registered landscape architect architects employed by or
1807 practicing with the corporation or partnership.
1808 Section 82. Subsection (5) of section 481.329, Florida
1809 Statutes, is amended to read:
1810 481.329 Exceptions; exemptions from licensure.—
1811 (5) This part does not prohibit any person from engaging in
1812 the practice of landscape design, as defined in s. 481.303
1813 481.303(7), or from submitting for approval to a governmental
1814 agency planting plans that are independent of, or a component
1815 of, construction documents that are prepared by a Florida
1816 registered professional. Persons providing landscape design
1817 services shall not use the title, term, or designation
1818 “landscape architect,” “landscape architectural,” “landscape
1819 architecture,” “L.A.,” “landscape engineering,” or any
1820 description tending to convey the impression that she or he is a
1821 landscape architect unless she or he is registered as provided
1822 in this part.
1823 Section 83. Subsection (9) of section 489.103, Florida
1824 Statutes, is amended to read:
1825 489.103 Exemptions.—This part does not apply to:
1826 (9) Any work or operation of a casual, minor, or
1827 inconsequential nature in which the aggregate contract price for
1828 labor, materials, and all other items is less than $2,500
1829 $1,000, but this exemption does not apply:
1830 (a) If the construction, repair, remodeling, or improvement
1831 is a part of a larger or major operation, whether undertaken by
1832 the same or a different contractor, or in which a division of
1833 the operation is made in contracts of amounts less than $2,500
1834 $1,000 for the purpose of evading this part or otherwise.
1835 (b) To a person who advertises that he or she is a
1836 contractor or otherwise represents that he or she is qualified
1837 to engage in contracting.
1838 Section 84. Subsection (2) of section 489.111, Florida
1839 Statutes, is amended to read:
1840 489.111 Licensure by examination.—
1841 (2) A person shall be eligible for licensure by examination
1842 if the person:
1843 (a) Is 18 years of age;
1844 (b) Is of good moral character; and
1845 (c) Meets eligibility requirements according to one of the
1846 following criteria:
1847 1. Has received a baccalaureate degree from an accredited
1848 4-year college in the appropriate field of engineering,
1849 architecture, or building construction and has 1 year of proven
1850 experience in the category in which the person seeks to qualify.
1851 For the purpose of this part, a minimum of 2,000 person-hours
1852 shall be used in determining full-time equivalency. An applicant
1853 who is exempt from passing an examination as provided in s.
1854 489.113(1) is eligible for a license under this section.
1855 2. Has a total of at least 4 years of active experience as
1856 a worker who has learned the trade by serving an apprenticeship
1857 as a skilled worker who is able to command the rate of a
1858 mechanic in the particular trade or as a foreman who is in
1859 charge of a group of workers and usually is responsible to a
1860 superintendent or a contractor or his or her equivalent,
1861 provided, however, that at least 1 year of active experience
1862 shall be as a foreman.
1863 3. Has a combination of not less than 1 year of experience
1864 as a foreman and not less than 3 years of credits for any
1865 accredited college-level courses; has a combination of not less
1866 than 1 year of experience as a skilled worker, 1 year of
1867 experience as a foreman, and not less than 2 years of credits
1868 for any accredited college-level courses; or has a combination
1869 of not less than 2 years of experience as a skilled worker, 1
1870 year of experience as a foreman, and not less than 1 year of
1871 credits for any accredited college-level courses. All junior
1872 college or community college-level courses shall be considered
1873 accredited college-level courses.
1874 4.a. An active certified residential contractor is eligible
1875 to receive a certified building contractor license after passing
1876 or having previously passed take the building contractors’
1877 examination if he or she possesses a minimum of 3 years of
1878 proven experience in the classification in which he or she is
1879 certified.
1880 b. An active certified residential contractor is eligible
1881 to receive a certified general contractor license after passing
1882 or having previously passed take the general contractors’
1883 examination if he or she possesses a minimum of 4 years of
1884 proven experience in the classification in which he or she is
1885 certified.
1886 c. An active certified building contractor is eligible to
1887 receive a certified general contractor license after passing or
1888 having previously passed take the general contractors’
1889 examination if he or she possesses a minimum of 4 years of
1890 proven experience in the classification in which he or she is
1891 certified.
1892 5.a. An active certified air-conditioning Class C
1893 contractor is eligible to receive a certified air-conditioning
1894 Class B contractor license after passing or having previously
1895 passed take the air-conditioning Class B contractors’
1896 examination if he or she possesses a minimum of 3 years of
1897 proven experience in the classification in which he or she is
1898 certified.
1899 b. An active certified air-conditioning Class C contractor
1900 is eligible to receive a certified air-conditioning Class A
1901 contractor license after passing or having previously passed
1902 take the air-conditioning Class A contractors’ examination if he
1903 or she possesses a minimum of 4 years of proven experience in
1904 the classification in which he or she is certified.
1905 c. An active certified air-conditioning Class B contractor
1906 is eligible to receive a certified air-conditioning Class A
1907 contractor license after passing or having previously passed
1908 take the air-conditioning Class A contractors’ examination if he
1909 or she possesses a minimum of 1 year of proven experience in the
1910 classification in which he or she is certified.
1911 6.a. An active certified swimming pool servicing contractor
1912 is eligible to receive a certified residential swimming pool
1913 contractor license after passing or having previously passed
1914 take the residential swimming pool contractors’ examination if
1915 he or she possesses a minimum of 3 years of proven experience in
1916 the classification in which he or she is certified.
1917 b. An active certified swimming pool servicing contractor
1918 is eligible to receive a certified commercial swimming pool
1919 contractor license after passing or having previously passed
1920 take the swimming pool commercial contractors’ examination if he
1921 or she possesses a minimum of 4 years of proven experience in
1922 the classification in which he or she is certified.
1923 c. An active certified residential swimming pool contractor
1924 is eligible to receive a certified commercial swimming pool
1925 contractor license after passing or having previously passed
1926 take the commercial swimming pool contractors’ examination if he
1927 or she possesses a minimum of 1 year of proven experience in the
1928 classification in which he or she is certified.
1929 d. An applicant is eligible to receive a certified swimming
1930 pool/spa servicing contractor license after passing or having
1931 previously passed take the swimming pool/spa servicing
1932 contractors’ examination if he or she has satisfactorily
1933 completed 60 hours of instruction in courses related to the
1934 scope of work covered by that license and approved by the
1935 Construction Industry Licensing Board by rule and has at least 1
1936 year of proven experience related to the scope of work of such a
1937 contractor.
1938 Section 85. Subsection (1) of section 489.113, Florida
1939 Statutes, is amended to read:
1940 489.113 Qualifications for practice; restrictions.—
1941 (1) Any person who desires to engage in contracting on a
1942 statewide basis shall, as a prerequisite thereto, establish his
1943 or her competency and qualifications to be certified pursuant to
1944 this part. To establish competency, a person shall pass the
1945 appropriate examination approved by the board and certified by
1946 the department. If an applicant has received a baccalaureate
1947 degree from an accredited 4-year college in building
1948 construction, or a related degree as approved by the board by
1949 rule, such applicant is not required to pass such examination.
1950 Any person who desires to engage in contracting on other than a
1951 statewide basis shall, as a prerequisite thereto, be registered
1952 pursuant to this part, unless exempted by this part.
1953 Section 86. Subsection (3) of section 489.115, Florida
1954 Statutes, is amended to read:
1955 489.115 Certification and registration; endorsement;
1956 reciprocity; renewals; continuing education.—
1957 (3) The board shall certify as qualified for certification
1958 by endorsement any applicant who:
1959 (a) Meets the requirements for certification as set forth
1960 in this section; has passed a national, regional, state, or
1961 United States territorial licensing examination that is
1962 substantially equivalent to the examination required by this
1963 part; and has satisfied the requirements set forth in s.
1964 489.111;
1965 (b) Holds a valid license to practice contracting issued by
1966 another state or territory of the United States, if the criteria
1967 for issuance of such license were substantially equivalent to
1968 Florida’s current certification criteria; or
1969 (c) Holds a valid, current license to practice contracting
1970 issued by another state or territory of the United States, if
1971 the state or territory has entered into a reciprocal agreement
1972 with the board for the recognition of contractor licenses issued
1973 in that state, based on criteria for the issuance of such
1974 licenses that are substantially equivalent to the criteria for
1975 certification in this state; or
1976 (d) Has held a valid, current license to practice
1977 contracting issued by another state or territory for at least 10
1978 years before the date of application and is applying for the
1979 same or similar license in this state, subject to subsections
1980 (5)-(9).
1981 Section 87. Subsection (5) of section 489.511, Florida
1982 Statutes, is amended to read:
1983 489.511 Certification; application; examinations;
1984 endorsement.—
1985 (5) The board shall certify as qualified for certification
1986 by endorsement any individual applying for certification who:
1987 (a) Meets the requirements for certification as set forth
1988 in this section; has passed a national, regional, state, or
1989 United States territorial licensing examination that is
1990 substantially equivalent to the examination required by this
1991 part; and has satisfied the requirements set forth in s.
1992 489.521; or
1993 (b) Holds a valid license to practice electrical or alarm
1994 system contracting issued by another state or territory of the
1995 United States, if the criteria for issuance of such license was
1996 substantially equivalent to the certification criteria that
1997 existed in this state at the time the certificate was issued; or
1998 (c) Has held a valid, current license to practice
1999 electrical or alarm system contracting issued by another state
2000 or territory for at least 10 years before the date of
2001 application and is applying for the same or similar license in
2002 this state, subject to ss. 489.510 and 489.521(3)(a), and
2003 subparagraph (1)(b)1.
2004 Section 88. Subsection (3) and paragraph (b) of subsection
2005 (4) of section 489.517, Florida Statutes, are amended to read:
2006 489.517 Renewal of certificate or registration; continuing
2007 education.—
2008 (3) Each certificateholder or registrant shall provide
2009 proof, in a form established by rule of the board, that the
2010 certificateholder or registrant has completed at least 7 14
2011 classroom hours of at least 50 minutes each of continuing
2012 education courses during each biennium since the issuance or
2013 renewal of the certificate or registration. The board shall by
2014 rule establish criteria for the approval of continuing education
2015 courses and providers and may by rule establish criteria for
2016 accepting alternative nonclassroom continuing education on an
2017 hour-for-hour basis.
2018 (4)
2019 (b) Of the 7 14 classroom hours of continuing education
2020 required, at least 1 hour 7 hours must be on technical subjects,
2021 1 hour on workers’ compensation, 1 hour on workplace safety, 1
2022 hour on business practices, and for alarm system contractors and
2023 electrical contractors engaged in alarm system contracting, 2
2024 hours on false alarm prevention.
2025 Section 89. Paragraph (b) of subsection (1) of section
2026 489.518, Florida Statutes, is amended to read:
2027 489.518 Alarm system agents.—
2028 (1) A licensed electrical or alarm system contractor may
2029 not employ a person to perform the duties of a burglar alarm
2030 system agent unless the person:
2031 (b) Has successfully completed a minimum of 14 hours of
2032 training within 90 days after employment, to include basic alarm
2033 system electronics in addition to related training including
2034 CCTV and access control training, with at least 2 hours of
2035 training in the prevention of false alarms. Such training shall
2036 be from a board-approved provider, and the employee or applicant
2037 for employment shall provide proof of successful completion to
2038 the licensed employer. The board shall by rule establish
2039 criteria for the approval of training courses and providers and
2040 may by rule establish criteria for accepting alternative
2041 nonclassroom education on an hour-for-hour basis. The board
2042 shall approve providers that conduct training in other than the
2043 English language. The board shall establish a fee for the
2044 approval of training providers or courses, not to exceed $60.
2045 Qualified employers may conduct training classes for their
2046 employees, with board approval.
2047 Section 90. Section 492.104, Florida Statutes, is amended,
2048 to read:
2049 492.104 Rulemaking authority.—The Board of Professional
2050 Geologists has authority to adopt rules pursuant to ss.
2051 120.536(1) and 120.54 to implement this chapter. Every licensee
2052 shall be governed and controlled by this chapter and the rules
2053 adopted by the board. The board is authorized to set, by rule,
2054 fees for application, examination, certificate of authorization,
2055 late renewal, initial licensure, and license renewal. These fees
2056 may should not exceed the cost of implementing the application,
2057 examination, initial licensure, and license renewal or other
2058 administrative process and shall be established as follows:
2059 (1) The application fee shall not exceed $150 and shall be
2060 nonrefundable.
2061 (2) The examination fee shall not exceed $250, and the fee
2062 may be apportioned to each part of a multipart examination. The
2063 examination fee shall be refundable in whole or part if the
2064 applicant is found to be ineligible to take any portion of the
2065 licensure examination.
2066 (3) The initial license fee shall not exceed $100.
2067 (4) The biennial renewal fee shall not exceed $150.
2068 (5) The fee for a certificate of authorization shall not
2069 exceed $350 and the fee for renewal of the certificate shall not
2070 exceed $350.
2071 (5)(6) The fee for reactivation of an inactive license may
2072 shall not exceed $50.
2073 (6)(7) The fee for a provisional license may shall not
2074 exceed $400.
2075 (7)(8) The fee for application, examination, and licensure
2076 for a license by endorsement is shall be as provided in this
2077 section for licenses in general.
2078 Section 91. Subsection (1) of section 492.108, Florida
2079 Statutes, is amended to read:
2080 492.108 Licensure by endorsement; requirements; fees.—
2081 (1) The department shall issue a license by endorsement to
2082 any applicant who, upon applying to the department and remitting
2083 an application fee, has been certified by the board that he or
2084 she:
2085 (a) Has met the qualifications for licensure in s.
2086 492.105(1)(b)-(e) and:.
2087 1.(b) Is the holder of an active license in good standing
2088 in a state, trust, territory, or possession of the United
2089 States.
2090 2.(c) Was licensed through written examination in at least
2091 one state, trust, territory, or possession of the United States,
2092 the examination requirements of which have been approved by the
2093 board as substantially equivalent to or more stringent than
2094 those of this state, and has received a score on such
2095 examination which is equal to or greater than the score required
2096 by this state for licensure by examination.
2097 3.(d) Has taken and successfully passed the laws and rules
2098 portion of the examination required for licensure as a
2099 professional geologist in this state.
2100 (b) Has held a valid license to practice geology in another
2101 state, trust, territory, or possession of the United States for
2102 at least 10 years before the date of application and has
2103 successfully completed a state, regional, national, or other
2104 examination that is equivalent to or more stringent than the
2105 examination required by the department. If such applicant has
2106 met the requirements for a license by endorsement except
2107 successful completion of an examination that is equivalent to or
2108 more stringent than the examination required by the board, such
2109 applicant may take the examination required by the board.
2110 Section 92. Section 492.111, Florida Statutes, is amended
2111 to read:
2112 492.111 Practice of professional geology by a firm,
2113 corporation, or partnership; certificate of authorization.—The
2114 practice of, or offer to practice, professional geology by
2115 individual professional geologists licensed under the provisions
2116 of this chapter through a firm, corporation, or partnership
2117 offering geological services to the public through individually
2118 licensed professional geologists as agents, employees, officers,
2119 or partners thereof is permitted subject to the provisions of
2120 this chapter, if provided that:
2121 (1) At all times that it offers geological services to the
2122 public, the firm, corporation, or partnership is qualified by
2123 has on file with the department the name and license number of
2124 one or more individuals who hold a current, active license as a
2125 professional geologist in the state and are serving as a
2126 geologist of record for the firm, corporation, or partnership. A
2127 geologist of record may be any principal officer or employee of
2128 such firm or corporation, or any partner or employee of such
2129 partnership, who holds a current, active license as a
2130 professional geologist in this state, or any other Florida
2131 licensed professional geologist with whom the firm, corporation,
2132 or partnership has entered into a long-term, ongoing
2133 relationship, as defined by rule of the board, to serve as one
2134 of its geologists of record. It shall be the responsibility of
2135 the firm, corporation, or partnership and The geologist of
2136 record shall to notify the department of any changes in the
2137 relationship or identity of that geologist of record within 30
2138 days after such change.
2139 (2) The firm, corporation, or partnership has been issued a
2140 certificate of authorization by the department as provided in
2141 this chapter. For purposes of this section, a certificate of
2142 authorization shall be required of any firm, corporation,
2143 partnership, association, or person practicing under a
2144 fictitious name and offering geological services to the public;
2145 except that, when an individual is practicing professional
2146 geology in her or his own name, she or he shall not be required
2147 to obtain a certificate of authorization under this section.
2148 Such certificate of authorization shall be renewed every 2
2149 years.
2150 (2)(3) All final geological papers or documents involving
2151 the practice of the profession of geology which have been
2152 prepared or approved for the use of such firm, corporation, or
2153 partnership, for delivery to any person for public record with
2154 the state, shall be dated and bear the signature and seal of the
2155 professional geologist or professional geologists who prepared
2156 or approved them.
2157 (3)(4) Except as provided in s. 558.0035, the fact that a
2158 licensed professional geologist practices through a corporation
2159 or partnership does not relieve the registrant from personal
2160 liability for negligence, misconduct, or wrongful acts committed
2161 by her or him. The partnership and all partners are jointly and
2162 severally liable for the negligence, misconduct, or wrongful
2163 acts committed by their agents, employees, or partners while
2164 acting in a professional capacity. Any officer, agent, or
2165 employee of a corporation is personally liable and accountable
2166 only for negligent acts, wrongful acts, or misconduct committed
2167 by her or him or committed by any person under her or his direct
2168 supervision and control, while rendering professional services
2169 on behalf of the corporation. The personal liability of a
2170 shareholder of a corporation, in her or his capacity as
2171 shareholder, may be no greater than that of a shareholder
2172 employee of a corporation incorporated under chapter 607. The
2173 corporation is liable up to the full value of its property for
2174 any negligent acts, wrongful acts, or misconduct committed by
2175 any of its officers, agents, or employees while they are engaged
2176 on behalf of the corporation in the rendering of professional
2177 services.
2178 (5) The firm, corporation, or partnership desiring a
2179 certificate of authorization shall file with the department an
2180 application therefor, upon a form to be prescribed by the
2181 department, accompanied by the required application fee.
2182 (6) The department may refuse to issue a certificate of
2183 authorization if any facts exist which would entitle the
2184 department to suspend or revoke an existing certificate of
2185 authorization or if the department, after giving persons
2186 involved a full and fair hearing, determines that any of the
2187 officers or directors of said firm or corporation, or partners
2188 of said partnership, have violated the provisions of s. 492.113.
2189 Section 93. Subsection (4) of section 492.113, Florida
2190 Statutes, is amended to read:
2191 492.113 Disciplinary proceedings.—
2192 (4) The department shall reissue the license of a
2193 disciplined professional geologist or business upon
2194 certification by the board that the disciplined person has
2195 complied with all of the terms and conditions set forth in the
2196 final order.
2197 Section 94. Section 492.115, Florida Statutes, is amended
2198 to read:
2199 492.115 Roster of licensed professional geologists.—A
2200 roster showing the names and places of business or residence of
2201 all licensed professional geologists and all properly qualified
2202 firms, corporations, or partnerships practicing holding
2203 certificates of authorization to practice professional geology
2204 in the state shall be prepared annually by the department. A
2205 copy of this roster must be made available to shall be
2206 obtainable by each licensed professional geologist and each
2207 firm, corporation, or partnership qualified by a professional
2208 geologist holding a certificate of authorization, and copies
2209 thereof shall be placed on file with the department.
2210 Section 95. Paragraph (i) of subsection (2) of section
2211 548.003, Florida Statutes, is amended to read:
2212 548.003 Florida State Boxing Commission.—
2213 (2) The Florida State Boxing Commission, as created by
2214 subsection (1), shall administer the provisions of this chapter.
2215 The commission has authority to adopt rules pursuant to ss.
2216 120.536(1) and 120.54 to implement the provisions of this
2217 chapter and to implement each of the duties and responsibilities
2218 conferred upon the commission, including, but not limited to:
2219 (i) Designation and duties of a knockdown timekeeper.
2220 Section 96. Subsection (1) of section 548.017, Florida
2221 Statutes, is amended to read:
2222 548.017 Participants, managers, and other persons required
2223 to have licenses.—
2224 (1) A participant, manager, trainer, second, timekeeper,
2225 referee, judge, announcer, physician, matchmaker, or promoter
2226 must be licensed before directly or indirectly acting in such
2227 capacity in connection with any match involving a participant. A
2228 physician approved by the commission must be licensed pursuant
2229 to chapter 458 or chapter 459, must maintain an unencumbered
2230 license in good standing, and must demonstrate satisfactory
2231 medical training or experience in boxing, or a combination of
2232 both, to the executive director before working as the ringside
2233 physician.
2234 Section 97. Paragraph (d) of subsection (1) of section
2235 553.5141, Florida Statutes, is amended to read:
2236 553.5141 Certifications of conformity and remediation
2237 plans.—
2238 (1) For purposes of this section:
2239 (d) “Qualified expert” means:
2240 1. An engineer licensed pursuant to chapter 471.
2241 2. A certified general contractor licensed pursuant to
2242 chapter 489.
2243 3. A certified building contractor licensed pursuant to
2244 chapter 489.
2245 4. A building code administrator licensed pursuant to
2246 chapter 468.
2247 5. A building inspector licensed pursuant to chapter 468.
2248 6. A plans examiner licensed pursuant to chapter 468.
2249 7. An interior designer who has passed the qualification
2250 examination prescribed by either the National Council for
2251 Interior Design Qualifications or the California Council for
2252 Interior Design Certification licensed pursuant to chapter 481.
2253 8. An architect licensed pursuant to chapter 481.
2254 9. A landscape architect licensed pursuant to chapter 481.
2255 10. Any person who has prepared a remediation plan related
2256 to a claim under Title III of the Americans with Disabilities
2257 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
2258 court in a settlement agreement or court proceeding, or who has
2259 been qualified as an expert in Title III of the Americans with
2260 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
2261 Section 98. Subsection (1) of section 553.74, Florida
2262 Statutes, is amended to read:
2263 553.74 Florida Building Commission.—
2264 (1) The Florida Building Commission is created and located
2265 within the Department of Business and Professional Regulation
2266 for administrative purposes. Members are appointed by the
2267 Governor subject to confirmation by the Senate. The commission
2268 is composed of 19 27 members, consisting of the following
2269 members:
2270 (a) One architect licensed pursuant to chapter 481 with at
2271 least 5 years of experience in the design and construction of
2272 buildings containing Florida Building Code designated Group R
2273 occupancy at or above 210 feet in height above the elevation of
2274 the lowest level of emergency services access registered to
2275 practice in this state and actively engaged in the profession.
2276 The American Institute of Architects, Florida Section, is
2277 encouraged to recommend a list of candidates for consideration.
2278 (b) One structural engineer registered to practice in this
2279 state and actively engaged in the profession. The Florida
2280 Engineering Society is encouraged to recommend a list of
2281 candidates for consideration.
2282 (c) One air-conditioning or mechanical contractor certified
2283 to do business in this state and actively engaged in the
2284 profession. The Florida Air Conditioning Contractors
2285 Association, the Florida Refrigeration and Air Conditioning
2286 Contractors Association, and the Mechanical Contractors
2287 Association of Florida are encouraged to recommend a list of
2288 candidates for consideration.
2289 (d) One electrical contractor certified to do business in
2290 this state and actively engaged in the profession. The Florida
2291 Association of Electrical Contractors and the National
2292 Electrical Contractors Association, Florida Chapter, are
2293 encouraged to recommend a list of candidates for consideration.
2294 (e) One member from fire protection engineering or
2295 technology who is actively engaged in the profession. The
2296 Florida Chapter of the Society of Fire Protection Engineers and
2297 the Florida Fire Marshals and Inspectors Association are
2298 encouraged to recommend a list of candidates for consideration.
2299 (e)(f) One certified general contractor or one certified
2300 building contractor certified to do business in this state and
2301 actively engaged in the profession. The Associated Builders and
2302 Contractors of Florida, the Florida Associated General
2303 Contractors Council, the Florida Home Builders Association, and
2304 the Union Contractors Association are encouraged to recommend a
2305 list of candidates for consideration.
2306 (f)(g) One plumbing contractor licensed to do business in
2307 this state and actively engaged in the profession. The Florida
2308 Association of Plumbing, Heating, and Cooling Contractors is
2309 encouraged to recommend a list of candidates for consideration.
2310 (g)(h) One roofing or sheet metal contractor certified to
2311 do business in this state and actively engaged in the
2312 profession. The Florida Roofing, Sheet Metal, and Air
2313 Conditioning Contractors Association and the Sheet Metal and Air
2314 Conditioning Contractors’ National Association are encouraged to
2315 recommend a list of candidates for consideration.
2316 (h)(i) One certified residential contractor licensed to do
2317 business in this state and actively engaged in the profession.
2318 The Florida Home Builders Association is encouraged to recommend
2319 a list of candidates for consideration.
2320 (i)(j) Three members who are municipal, county, or district
2321 codes enforcement officials, one of whom is also a fire
2322 official. The Building Officials Association of Florida and the
2323 Florida Fire Marshals and Inspectors Association are encouraged
2324 to recommend a list of candidates for consideration.
2325 (j) The State Fire Marshal or his or her designee.
2326 (k) One member who represents the Department of Financial
2327 Services.
2328 (l) One member who is a county codes enforcement official.
2329 The Building Officials Association of Florida is encouraged to
2330 recommend a list of candidates for consideration.
2331 (k)(m) One member of a Florida-based organization of
2332 persons with disabilities or a nationally chartered organization
2333 of persons with disabilities with chapters in this state which
2334 complies with or is certified to be compliant with the
2335 requirements of the Americans with Disability Act of 1990, as
2336 amended.
2337 (l)(n) One member of the manufactured buildings industry
2338 who is licensed to do business in this state and is actively
2339 engaged in the industry. The Florida Manufactured Housing
2340 Association is encouraged to recommend a list of candidates for
2341 consideration.
2342 (o) One mechanical or electrical engineer registered to
2343 practice in this state and actively engaged in the profession.
2344 The Florida Engineering Society is encouraged to recommend a
2345 list of candidates for consideration.
2346
2347 ================= T I T L E A M E N D M E N T ================
2348 And the title is amended as follows:
2349 Delete lines 60 - 140
2350 and insert:
2351 respectively; amending s. 468.401, F.S.; redefining
2352 the term “talent agency”; amending s. 468.408, F.S.;
2353 conforming provisions to changes made by the act;
2354 amending s. 468.412, F.S.; requiring employees of
2355 talent agencies to complete level 1 background
2356 screenings; amending s. 468.415, F.S.; prohibiting any
2357 agent, owner, or operator who commits sexual
2358 misconduct in the operation of a talent agency from
2359 acting as an agent, owner, or operator of a Florida
2360 talent agency; amending s. 468.524, F.S.; deleting
2361 specified exemptions from the time restriction for an
2362 employee leasing company to reapply for licensure;
2363 amending s. 468.613, F.S.; providing for waiver of
2364 specified requirements for certification under certain
2365 circumstances; amending s. 468.8314, F.S.; requiring
2366 an applicant for a license by endorsement to maintain
2367 a specified insurance policy; requiring the department
2368 to certify an applicant who holds a specified license
2369 issued by another state or territory of the United
2370 States under certain circumstances; amending s.
2371 468.8414, F.S.; providing additional licensure
2372 requirements for mold remediators; amending s.
2373 469.006, F.S.; providing additional licensure
2374 requirements for asbestos abatement consulting or
2375 contracting as a partnership, corporation, business
2376 trust, or other legal entity; amending s. 469.009,
2377 F.S.; conforming provisions to changes made by the
2378 act; amending s. 471.005, F.S.; revising definitions;
2379 amending s. 471.011, F.S.; conforming a provision to
2380 changes made by the act; amending s. 471.015, F.S.;
2381 revising licensure requirements for engineers who hold
2382 specified licenses in another state; amending s.
2383 471.023, F.S.; providing requirements for
2384 qualification of a business organization; providing
2385 requirements for a qualifying agent; deleting the
2386 administration of disciplinary action against a
2387 business organization; amending s. 473.308, F.S.;
2388 deleting continuing education requirements for license
2389 by endorsement for certified public accountants;
2390 amending s. 474.202, F.S.; revising the definition of
2391 the term “limited-service veterinary medical practice”
2392 to include certain vaccinations or immunizations;
2393 amending s. 474.207, F.S.; revising education
2394 requirements for licensure by examination; amending s.
2395 474.217, F.S.; requiring the Department of Business
2396 and Professional Regulation to issue a license by
2397 endorsement to certain applicants who successfully
2398 complete a specified examination; amending s. 476.144,
2399 F.S.; requiring the department to license an applicant
2400 who is licensed to practice barbering in another
2401 state; amending s. 477.013, F.S.; revising the
2402 definition of the term “hair braiding”; repealing s.
2403 477.0132, F.S., relating to registration for hair
2404 braiding, hair wrapping, and body wrapping; amending
2405 s. 477.0135, F.S.; providing additional exemptions
2406 from license or registration requirements for
2407 specified occupations or practices; amending s.
2408 477.019, F.S.; conforming provisions to changes made
2409 by the act; amending s. 477.026, F.S.; conforming