CODING: Words stricken are deletions; words underlined are additions.House Bill 2011e2
HB 2011, Second Engrossed
1 A bill to be entitled
2 An act relating to regulation of professions;
3 amending s. 177.031, F.S.; revising and
4 providing definitions relating to platting;
5 amending s. 177.041, F.S.; requiring plats and
6 replats of subdivisions submitted for approval
7 to be accompanied by a boundary survey of the
8 platted lands; amending s. 177.051, F.S.;
9 revising provisions relating to naming and
10 replatting subdivisions; amending s. 177.061,
11 F.S.; providing requirements for the recording
12 of a plat; amending s. 177.071, F.S.; revising
13 provisions relating to approval of plats by
14 governing bodies; amending s. 177.081, F.S.;
15 requiring plats to be reviewed by a
16 professional surveyor and mapper prior to
17 approval by a governing body; amending s.
18 177.091, F.S.; providing requirements for
19 monuments and revising other requirements of
20 plats made for recording; amending s. 177.141,
21 F.S.; revising provisions relating to
22 affidavits confirming errors on recorded plats;
23 amending s. 177.151, F.S.; revising provisions
24 relating to state plane coordinates; amending
25 ss. 177.021, 177.121, 177.131, 177.132, 177.27,
26 177.38, and 287.055, F.S.; conforming
27 references; amending s. 455.213, F.S., relating
28 to general licensing provisions; providing for
29 direct payment of organization-related or
30 vendor-related fees associated with the
31 examination to the organization or vendor;
1
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 providing that passing a required examination
2 does not entitle a person to licensure if the
3 person is not otherwise qualified; amending s.
4 455.217, F.S., relating to examinations;
5 authorizing the contracting for examinations
6 and services related to examinations; providing
7 requirements with respect to examinations
8 developed by the department or a contracted
9 vendor and to national examinations; amending
10 s. 455.225, F.S.; authorizing the Department of
11 Business and Professional Regulation to issue a
12 notice of noncompliance for an initial offense
13 of a minor violation when the board has failed
14 to designate such minor violation by rule;
15 amending s. 458.347, F.S.; providing
16 qualifications for certain applicants for
17 specified physician assistants; amending s.
18 468.385, F.S.; revising provisions relating to
19 the written examination required to be licensed
20 as an auctioneer; amending s. 468.386, F.S.,
21 relating to fees applicable to regulation of
22 auctioneers; eliminating reference to the
23 examination fee; amending s. 468.388, F.S.;
24 eliminating exemptions from the requirement
25 that a written agreement be executed prior to
26 conducting an auction; amending s. 468.389,
27 F.S.; revising a ground for disciplinary action
28 to include reference to property belonging to
29 another; providing penalties; reenacting s.
30 468.391, F.S., relating to a criminal penalty,
31 to incorporate the amendment to s. 468.389,
2
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 F.S., in a reference thereto; amending s.
2 468.393, F.S.; reducing the level at which the
3 Auctioneer Recovery Fund must be maintained and
4 for which surcharges are levied; reenacting s.
5 468.392(5), F.S., relating to moneys in the
6 Auctioneer Recovery Fund, to incorporate the
7 amendment to s. 468.393, F.S., in a reference
8 thereto; amending s. 468.395, F.S.; revising
9 circumstances under which recovery from the
10 Auctioneer Recovery Fund may be obtained;
11 reducing the amount per claim or claims arising
12 out of the same transaction or auction and the
13 aggregate lifetime limit with respect to any
14 one licensee that may be paid from the fund;
15 amending s. 468.396, F.S., relating to claims
16 against a single licensee in excess of the
17 dollar limitation, to conform; amending s.
18 468.432, F.S.; authorizing the department to
19 adopt rules relating to licensure and
20 disciplinary requirements applicable to
21 community association management; amending s.
22 468.542, F.S.; providing definitions for
23 classes of water and wastewater operators;
24 amending s. 468.453, F.S.; requiring each
25 applicant for licensure as an athlete agent to
26 submit a full set of fingerprints for purposes
27 of the required criminal records check;
28 exempting members of The Florida Bar from
29 regulations imposed on athlete agents; amending
30 ss. 468.547 and 468.548, F.S., relating to fees
31 and requirements for licensure; eliminating or
3
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 revising references to examination and
2 reexamination; amending s. 468.607, F.S.;
3 providing that the Department of Business and
4 Professional Regulation shall be the issuing
5 body for a certificate to practice as a
6 building code administrator, plans examiner, or
7 building code inspector; amending s. 468.609,
8 F.S.; revising requirements for certification
9 as a building code administrator, plans
10 examiner, or building code inspector; amending
11 s. 468.617, F.S.; providing that local
12 governments may employ or authorize persons
13 certified or exempt from such regulation to
14 perform inspections on a contract basis;
15 amending s. 468.621, F.S.; revising
16 prohibitions; providing disciplinary actions;
17 amending s. 468.629, F.S.; revising
18 disciplinary grounds; providing penalties;
19 amending s. 469.001, F.S.; revising and
20 providing definitions relating to asbestos
21 abatement; amending s. 469.002, F.S.; revising
22 an exemption relating to asbestos-related
23 activities by governmental employees; amending
24 s. 469.004, F.S.; exempting asbestos
25 consultants from licensure under certain
26 circumstances relating to the moving, removal,
27 or disposal of asbestos-containing roofing
28 materials; amending s. 469.005, F.S.; revising
29 requirements for licensure as an asbestos
30 consultant or asbestos contractor; amending s.
31 469.006, F.S.; eliminating reference to
4
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 consultant or contractor seals, and requiring a
2 signature instead; amending s. 469.013, F.S.;
3 adding course requirements for management
4 planners; repealing s. 469.015, F.S., relating
5 to seals; amending s. 470.002, F.S.; revising
6 the definition of "legally authorized person";
7 amending s. 470.0085, F.S., relating to the
8 embalmer apprentice program; authorizing an
9 extension of apprenticeship for certain
10 students working in funeral establishments;
11 amending s. 470.009, F.S.; reorganizing
12 provisions relating to licensure as a funeral
13 director by examination, to clarify
14 applicability of the internship requirement;
15 amending ss. 470.015 and 470.018, F.S.;
16 revising continuing education requirements for
17 renewal of a funeral director or embalmer
18 license or registration of a direct disposer;
19 amending s. 470.024, F.S.; authorizing
20 operation of visitation chapels and
21 establishing criteria therefor; providing
22 licensing limitations with respect to colocated
23 facilities; requiring the relicensure of
24 funeral establishments whose ownership has
25 changed; amending s. 470.029, F.S.; providing a
26 filing date for monthly reports on final
27 dispositions; amending s. 470.0301, F.S.;
28 providing requirements for registration of
29 centralized embalming facilities; providing for
30 biennial renewal; providing fees; creating s.
31 470.0315, F.S.; providing for the storage,
5
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 preservation, and transportation of human
2 remains; creating s. 470.0355, F.S.; providing
3 for the identification of human remains;
4 amending s. 470.036, F.S; extending
5 disciplinary actions to certain registrants and
6 licensees; creating s. 471.024, F.S.;
7 authorizing engineers to perform duties of
8 building code inspectors; amending s. 473.306,
9 F.S.; providing conditions under which the
10 Board of Accountancy may adopt an alternative
11 licensure examination for persons licensed to
12 practice public accountancy or its equivalent
13 in a foreign country; providing for appointment
14 of an Educational Advisory Council for purposes
15 of maintaining proper educational
16 qualifications for licensure of certified
17 public accountants; creating s. 473.3065, F.S.;
18 establishing the Certified Public Accountant
19 Education Minority Assistance Program;
20 providing for scholarships to eligible
21 students; providing for the funding of
22 scholarships; requiring Board of Accountancy
23 rules; providing a penalty for certain
24 violations; creating an advisory council to
25 assist in program administration; amending s.
26 473.308, F.S.; revising licensure requirements
27 relating to public accountancy experience
28 outside this state; amending s. 473.309, F.S.;
29 providing additional requirements for a
30 partnership to practice public accountancy in
31 this state; amending s. 473.312, F.S.;
6
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 providing for appointment of a Continuing
2 Professional Education Advisory Council for
3 purposes of maintaining proper continuing
4 education requirements for renewal of licensure
5 of certified public accountants; amending s.
6 474.203, F.S.; revising and providing
7 exemptions from regulation under chapter 474,
8 F.S., relating to veterinary medical practice;
9 amending s. 474.2065, F.S., relating to fees
10 applicable to regulation of veterinary medical
11 practice; eliminating reference to examination
12 and reexamination fees; amending s. 474.207,
13 F.S., relating to licensure by examination;
14 eliminating obsolete provisions; amending s.
15 474.211, F.S.; requiring criteria for providers
16 of continuing education to be approved by the
17 board; amending s. 474.2125, F.S.; exempting
18 veterinarians licensed in another state from
19 certain requirements for temporary licensure in
20 this state; correcting a cross reference;
21 amending s. 474.214, F.S.; increasing the
22 administrative fine; amending s. 474.215, F.S.;
23 requiring limited service permittees to
24 register each location and providing a
25 registration fee; providing requirements for
26 certain temporary rabies vaccination efforts;
27 providing permit and other requirements for
28 persons who are not licensed veterinarians but
29 who desire to own and operate a veterinary
30 medical establishment; providing disciplinary
31 actions applicable to holders of premises
7
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 permits; amending s. 474.217, F.S., relating to
2 licensure by endorsement; revising a reference
3 to an examination; amending s. 475.125, F.S.,
4 relating to fees applicable to regulation of
5 real estate brokers, salespersons, and schools;
6 eliminating reference to examination and
7 reexamination fees; amending s. 475.15, F.S.;
8 providing registration and licensing
9 requirements for additional business entities;
10 eliminating a provision that requires the
11 automatic cancellation of the registration of a
12 real estate broker partnership upon the lapse
13 in licensure or registration of any of its
14 partners; amending s. 475.17, F.S.; providing
15 additional requirements for licensure as a real
16 estate broker; amending s. 475.175, F.S.;
17 revising provisions relating to examinations;
18 amending s. 475.183, F.S.; revising the period
19 after which involuntarily inactive licenses
20 expire; revising the time for the required
21 notice to the licensee; amending s. 475.25,
22 F.S.; increasing the administrative fine;
23 revising a ground for disciplinary action to
24 exempt licensees from the reporting of certain
25 violators; providing that violations of certain
26 standards of the Appraisal Foundation are
27 grounds for the Florida Real Estate Commission
28 to deny, revoke, or suspend the license of, or
29 to fine, real estate brokers or salespersons;
30 reenacting ss. 475.180(2)(b), 475.181(2),
31 475.22(2), 475.422(2), and 475.482(1), F.S.,
8
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 relating to nonresident licenses, licensure,
2 refusal of a broker to comply with certain
3 requests or notices, furnishing of copies of
4 termite and roof inspection reports, and
5 recovery from the Real Estate Recovery Fund, to
6 incorporate the amendment to s. 475.25, F.S.,
7 in references thereto; amending s. 475.278,
8 F.S.; providing for disclosure of authorized
9 brokerage relationships and the corresponding
10 duties of real estate licensees; amending s.
11 475.451, F.S.; revising provisions relating to
12 the permitting of instructors for proprietary
13 real estate schools or state institutions;
14 providing permit renewal requirements; revising
15 references relating to examinations; amending
16 s. 475.452, F.S.; providing requirements
17 applicable to advance expenses, commissions, or
18 fees for brokers auctioning real property;
19 amending s. 475.484, F.S.; providing
20 applicability with respect to a conflict with
21 federal law in the disciplining of certain
22 licensees against whom a judgment has been paid
23 from the Real Estate Recovery Fund; creating s.
24 475.5016, F.S.; granting the department
25 authority to inspect and audit brokers and
26 brokerage offices; creating s. 475.6145, F.S.;
27 providing for a seal for the Florida Real
28 Estate Appraisal Board to authenticate its
29 proceedings, records, and acts; creating s.
30 475.6147, F.S.; providing a separate section
31 relating to establishment of fees applicable to
9
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the regulation of real estate appraisers;
2 amending s. 475.615, F.S.; providing
3 registration requirements for appraisers;
4 amending s. 475.617, F.S.; clarifying
5 continuing education and experience
6 requirements for real estate appraisers;
7 amending s. 475.624, F.S.; revising a ground
8 for disciplinary action to exempt licensees
9 from the reporting of certain violators;
10 creating s. 475.6295, F.S.; granting the
11 department authority to inspect appraisers and
12 appraisal offices; amending ss. 476.114 and
13 476.124, F.S.; revising provisions relating to
14 examination for licensure as a barber;
15 repealing s. 476.134, F.S., relating to time,
16 place, and subjects of examination; amending s.
17 476.144, F.S.; revising requirements for a
18 restricted license to practice barbering;
19 amending s. 477.013, F.S.; defining the terms
20 "hair wrapping" and "photography studio salon";
21 amending s. 477.0132, F.S.; providing
22 registration requirements for hair wrappers;
23 providing requirements for hair braiding and
24 hair wrapping outside a cosmetology salon or
25 specialty shop; amending s. 477.0135, F.S.;
26 exempting photography studio salons from
27 licensure as a cosmetology salon or specialty
28 salon and providing requirements with respect
29 thereto; amending s. 477.019, F.S.; revising
30 provisions relating to applicants for licensure
31 by examination; providing continuing education
10
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 requirements for cosmetologists and cosmetology
2 specialists; providing for privatization of
3 such continuing education; exempting hair
4 braiders and hair wrappers from such continuing
5 education requirements; repealing s. 477.022,
6 F.S., relating to examinations; amending s.
7 477.026, F.S.; providing registration fees for
8 hair wrappers; amending s. 477.0263, F.S.;
9 authorizing the performance of cosmetology
10 services in a photography studio salon;
11 creating s. 481.2051, F.S.; authorizing
12 architects to perform duties of building code
13 inspectors; amending ss. 481.207, 481.209, and
14 481.213, F.S., relating to licensure as an
15 architect or interior designer; revising
16 provisions relating to fees and examinations;
17 amending s. 489.103, F.S.; limiting the
18 ordinances, rules, or regulations that a
19 municipality or county may adopt with respect
20 to the installation or maintenance of water
21 conditioning units; providing an exemption from
22 regulation for the sale, delivery, assembly, or
23 tie-down of prefabricated portable sheds under
24 specified circumstances; amending s. 489.105,
25 F.S.; revising and providing definitions
26 applicable to contractors; amending s. 489.107,
27 F.S.; eliminating reference to board
28 jurisdiction over examinations; requiring the
29 Construction Industry Licensing Board and the
30 Electrical Contractors' Licensing Board to each
31 appoint a committee to meet jointly at least
11
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 twice a year; amending s. 489.109, F.S.;
2 revising provisions relating to examination
3 fees; amending s. 489.111, F.S.; revising
4 provisions relating to licensure by
5 examination; amending s. 489.113, F.S.;
6 revising a provision relating to the
7 certification examination; revising provisions
8 that authorize persons who are not certified or
9 registered to perform construction work under
10 the supervision of a person who is certified or
11 registered; providing that expansion of the
12 scope of practice of any type of contractor
13 does not limit the scope of practice of any
14 existing type of contractor unless the
15 Legislature expressly provides such limitation;
16 creating s. 489.1136, F.S.; providing for
17 medical gas certification for plumbing
18 contractors who install, improve, repair, or
19 maintain conduits used to transport gaseous or
20 partly gaseous substances for medical purposes;
21 amending s. 553.06, F.S.; providing that
22 plumbing contractors who install, improve,
23 repair, or maintain such conduits shall be
24 governed by the National Fire Prevention
25 Standard 99C; amending s. 489.115, F.S.;
26 authorizing certificateholders and registrants
27 to apply continuing education courses earned
28 under other regulatory provisions under certain
29 circumstances; amending s. 489.119, F.S.;
30 detailing what constitutes an incomplete
31 contract for purposes of temporary
12
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 certification or registration of a business
2 organization; amending s. 489.127, F.S.;
3 revising and providing penalties applicable to
4 violations of construction contracting
5 provisions; amending s. 489.140, F.S.;
6 eliminating a provision that requires the
7 transfer of surplus moneys from fines into the
8 Construction Industries Recovery Fund; amending
9 s. 489.141, F.S.; clarifying provisions
10 relating to conditions for recovery from the
11 fund; eliminating a notice requirement;
12 revising a limitation on the making of a claim;
13 amending s. 489.142, F.S.; revising a provision
14 relating to powers of the Construction Industry
15 Licensing Board with respect to actions for
16 recovery from the fund, to conform; amending s.
17 489.143, F.S.; revising provisions relating to
18 payment from the fund; creating ss. 489.1455
19 and 489.5335, F.S.; providing for journeyman
20 reciprocity; amending s. 489.503, F.S.,
21 relating to exemptions from part II of chapter
22 489, F.S., relating to electrical and alarm
23 system contracting; revising an exemption
24 relating to public utilities; revising an
25 exemption that applies to telecommunications,
26 community antenna television, and radio
27 distribution systems, to include cable
28 television systems; providing exemptions
29 relating to the monitoring of alarm systems by
30 law enforcement employees or officers or fire
31 department employees or officials, by employees
13
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 of state or federally chartered financial
2 institutions, or by employees of a business;
3 amending s. 489.505, F.S., and repealing
4 subsection (24), relating to the definition of
5 "limited burglar alarm system contractor";
6 redefining terms applicable to electrical and
7 alarm system contracting; defining the term
8 "monitoring"; amending s. 489.507, F.S.;
9 requiring the Electrical Contractors' Licensing
10 Board and the Construction Industry Licensing
11 Board to each appoint a committee to meet
12 jointly at least twice a year; amending s.
13 489.509, F.S.; eliminating reference to the
14 payment date of the biennial renewal fee for
15 certificateholders and registrants; amending s.
16 489.511, F.S.; revising eligibility
17 requirements for certification as an electrical
18 or alarm system contractor; amending s.
19 489.513, F.S.; revising registration
20 requirements for electrical contractors;
21 amending s. 489.517, F.S.; authorizing
22 certificateholders and registrants to apply
23 continuing education courses earned under other
24 regulatory provisions under certain
25 circumstances; amending s. 489.519, F.S.;
26 authorizing certificateholders and registrants
27 to apply for voluntary inactive status at any
28 time during the period of certification or
29 registration; amending s. 489.521, F.S.;
30 providing conditions on qualifying agents
31 qualifying more than one business organization;
14
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 providing for revocation or suspension of such
2 qualification for improper supervision;
3 amending s. 489.525, F.S.; changing the date
4 for the Department of Business and Professional
5 Regulation to inform local boards and building
6 officials of the names of all
7 certificateholders and the status of the
8 certificates; amending s. 489.529, F.S.;
9 providing an exception to an alarm verification
10 requirement; amending s. 489.531, F.S.;
11 revising and providing penalties applicable to
12 violations of electrical and alarm system
13 contracting provisions; reenacting s.
14 489.533(1)(a) and (2), F.S., relating to
15 disciplinary proceedings, to incorporate the
16 amendment to s. 489.531, F.S., in a reference
17 thereto; amending s. 489.537, F.S.; revising
18 requirements relating to subcontracting alarm
19 system contracting; amending ss. 489.539 and
20 553.19, F.S.; adding a national code relating
21 to fire alarms to the minimum electrical and
22 alarm standards required in this state;
23 amending s. 489.553, F.S.; revising
24 qualifications for registration as a septic
25 tank contractor or master septic tank
26 contractor; creating s. 501.935, F.S.;
27 providing requirements relating to
28 home-inspection reports; providing legislative
29 intent; providing definitions; providing
30 exemptions; requiring, prior to inspection,
31 provision of inspector credentials, a caveat, a
15
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 disclosure of conflicts of interest and certain
2 relationships, and a statement or agreement of
3 scope, limitations, terms, and conditions;
4 requiring a report on the results of the
5 inspection; providing prohibited acts, for
6 which there are civil penalties; providing that
7 failure to comply is a deceptive and unfair
8 trade practice; creating s. 501.937, F.S.;
9 providing requirements for use of professional
10 titles by industrial hygienists and safety
11 professionals; providing that violation of such
12 requirements is a deceptive and unfair trade
13 practice; amending s. 553.06, F.S.; requiring
14 the Board of Building Codes and Standards to
15 adopt alternative standards for testing water
16 treatment units under certain circumstances;
17 amending s. 553.63, F.S., relating to trench
18 excavations in excess of a specified depth;
19 deleting a provision requiring contract bids to
20 include certain items; repealing s. 553.64,
21 F.S., relating to certain requirements for
22 contract bids; amending s. 553.991, F.S.;
23 limiting the purpose of the "Florida Building
24 Energy-Efficiency Rating Act" to providing for
25 a statewide uniform system for rating the
26 energy efficiency of buildings; amending s.
27 553.994, F.S.; deleting the schedule for
28 phasing in the rating system; amending s.
29 553.996, F.S.; requiring provision of an
30 information brochure to prospective purchasers
31 of certain real property; deleting a provision
16
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 authorizing such prospective purchasers to
2 receive a rating on the property upon request;
3 requiring the Office of Program Policy Analysis
4 and Government Accountability to conduct a
5 review of studies and records of the Department
6 of Business and Professional Regulation to
7 determine if mandatory continuing education is
8 the most effective method of ensuring
9 professional competence and to identify and
10 analyze alternate methods of ensuring such
11 competence; requiring a report; amending s.
12 713.01, F.S.; redefining the terms "improve,"
13 "improvement," "subcontractor," and
14 "sub-subcontractor" to include reference to
15 solid-waste removal; providing an effective
16 date. providing effective dates.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 177.021, Florida Statutes, is
21 amended to read:
22 177.021 Legal status of recorded plats.--The recording
23 of any plats made in compliance with the provisions of this
24 part chapter shall serve to establish the identity of all
25 lands shown on and being a part of such plats, and lands may
26 thenceforth be conveyed by reference to such plat.
27 Section 2. Section 177.031, Florida Statutes, is
28 amended to read:
29 177.031 Definitions.--As used in this part chapter:
30 (1) "Alley" means a right-of-way providing a secondary
31 means of access and service to abutting property.
17
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) "Block" includes "tier" or "group" and means a
2 group of lots existing within well-defined and fixed
3 boundaries, usually being an area surrounded by streets or
4 other physical barriers and having an assigned number, letter,
5 or other name through which it may be identified.
6 (3) "Board" means any board appointed by a
7 municipality, county commission, or state agency, such as the
8 planning and zoning board, area planning board, or the
9 governing board of a drainage district.
10 (4) "Governing body" means the board of county
11 commissioners or the legal governing body of a county,
12 municipality, town, or village of this state.
13 (5) "Cul-de-sac" means a street terminated at the end
14 by a vehicular turnaround.
15 (6) "Developer" means the owners of record executing
16 the dedication required by s. 177.081 and applying person or
17 legal entity that applies for approval of a plat of a
18 subdivision pursuant to this part chapter.
19 (7)(a) "Easement" means any strip of land created by a
20 subdivider for public or private utilities, drainage,
21 sanitation, or other specified uses having limitations, the
22 title to which shall remain in the name of the property owner,
23 subject to the right of use designated in the reservation of
24 the servitude.
25 (b) "Public utility" includes any public or private
26 utility, such as, but not limited to, storm drainage, sanitary
27 sewers, electric power, water service, gas service, or
28 telephone line, whether underground or overhead.
29 (8) "Survey data" means all information shown on the
30 face of a plat that would delineate the physical boundaries of
31 the subdivision and any parts thereof.
18
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (9) "Improvements" may include, but are not limited
2 to, street pavements, curbs and gutters, sidewalks, alley
3 pavements, walkway pavements, water mains, sanitary sewers,
4 storm sewers or drains, street names, signs, landscaping,
5 permanent reference monuments (P.R.M.s), permanent control
6 points (P.C.P.s), monuments, or any other improvement required
7 by a governing body.
8 (10) "Professional surveyor and mapper" means a
9 surveyor and mapper registered under chapter 472 who is in
10 good standing with the Board of Professional Surveyors and
11 Mappers.
12 (11) "Lot" includes tract or parcel and means the
13 least fractional part of subdivided lands having limited fixed
14 boundaries, and an assigned number, letter, or other name
15 through which it may be identified.
16 (12) "Municipality" means any incorporated city, town,
17 or village.
18 (13) "P.C.P." means permanent control point and shall
19 be considered a reference monument, which shall be a secondary
20 horizontal control monument and shall be a metal marker with
21 the point of reference marked thereon or a 4-inch by 4-inch
22 concrete monument a minimum of 24 inches long with the point
23 of reference marked thereon. A "P.C.P." must bear the
24 registration number of the surveyor and mapper filing the plat
25 of record; however, when the surveyor and mapper of record is
26 no longer in practice or is not available due to relocation of
27 his or her practice, or when the contractual relationship
28 between the subdivider and surveyor and mapper has been
29 terminated, any registered surveyor and mapper in good
30 standing shall be allowed to place permanent control points
31 (P.C.P.s) within the time allotted in s. 177.091(8).
19
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) "P.C.P.s" set in impervious surfaces must:
2 1. Be composed of a metal marker with a point of
3 reference.
4 2. Have a metal cap or disk bearing either the Florida
5 registration number of the professional surveyor and mapper in
6 responsible charge or the certificate of authorization number
7 of the legal entity, which number shall be preceded by LS or
8 LB as applicable and the letters "P.C.P."
9 (b) "P.C.P.s" set in pervious surfaces must:
10 1. Consist of a metal rod having a minimum length of
11 18 inches and a minimum cross-section area of material of 0.2
12 square inches encased in concrete. The concrete shall have a
13 minimum cross-section area of 12.25 square inches and be a
14 minimum of 24 inches long.
15 2. Be identified with a durable marker or cap with the
16 point of reference marked thereon bearing either the Florida
17 registration number of the professional surveyor and mapper in
18 responsible charge or the certificate of authorization number
19 of the legal entity, which number shall be preceded by LS or
20 LB as applicable and the letter "P.C.P."
21 (c) "P.C.P.s" must be detectable with conventional
22 instruments for locating ferrous or magnetic objects.
23 (14) "Plat or replat" means a map or delineated
24 representation of the subdivision of lands, being a complete
25 exact representation of the subdivision and other information
26 in compliance with the requirement of all applicable sections
27 of this part chapter and of any local ordinances, and may
28 include the terms "replat," "amended plat," or "revised plat."
29 (15) "P.R.M." means a permanent reference monument
30 which must:
31
20
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) Consist of a metal rod having a minimum length of
2 18 inches and a minimum cross-section area of material of 0.2
3 square inches encased in concrete. The concrete shall have a
4 minimum cross-section area of 12.25 square inches and be a
5 minimum of 24 inches long.
6 (b) Be identified with a durable marker or cap with
7 the point of reference marked thereon bearing either the
8 Florida registration number of the professional surveyor and
9 mapper in responsible charge or the certificate of
10 authorization number of the legal entity, which number shall
11 be preceded by LS or LB as applicable and the letters "P.R.M."
12 (c) Be detectable with conventional instruments for
13 locating ferrous or magnetic objects.
14
15 If the location of the "P.R.M." falls in a hard surface such
16 as asphalt or concrete, alternate monumentation may be used
17 that is durable and identifiable, which consists of a metal
18 rod a minimum of 24 inches long or a 1 1/2 -inch minimum
19 diameter metal pipe a minimum of 20 inches long, either of
20 which shall be encased in a solid block of concrete or set in
21 natural bedrock, a minimum of 6 inches in diameter, and
22 extending a minimum of 18 inches below the top of the
23 monument, or a concrete monument 4 by 4 inches, a minimum of
24 24 inches long, with the point of reference marked thereon. A
25 metal cap marker, with the point of reference marked thereon,
26 shall bear the registration number of the surveyor and mapper
27 certifying the plat of record, and the letters "PRM" shall be
28 placed in the top of the monument.
29 (16) "Right-of-way" means land dedicated, deeded,
30 used, or to be used for a street, alley, walkway, boulevard,
31 drainage facility, access for ingress and egress, or other
21
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 purpose by the public, certain designated individuals, or
2 governing bodies.
3 (17) "Street" includes any access way such as a
4 street, road, lane, highway, avenue, boulevard, alley,
5 parkway, viaduct, circle, court, terrace, place, or
6 cul-de-sac, and also includes all of the land lying between
7 the right-of-way lines as delineated on a plat showing such
8 streets, whether improved or unimproved, but shall not include
9 those access ways such as easements and rights-of-way intended
10 solely for limited utility purposes, such as for electric
11 power lines, gas lines, telephone lines, water lines, drainage
12 and sanitary sewers, and easements of ingress and egress.
13 (18) "Subdivision" means the division platting of land
14 real property into three or more lots, parcels, tracts, tiers,
15 blocks, sites, units, or any other division of land; and
16 includes establishment of new streets and alleys, additions,
17 and resubdivisions; and, when appropriate to the context,
18 relates to the process of subdividing or to the lands or area
19 subdivided.
20 (19) "State plane coordinates" means the system of
21 plane coordinates which has been established by the National
22 Ocean Service Survey for defining and stating the positions or
23 locations of points on the surface of the earth within the
24 state and shall hereinafter be known and designated as the
25 "Florida State Plane Coordinate System." For the purpose of
26 the use of this system, the zones divisions established by the
27 National Ocean Service Survey in NOAA Manual NOS NGS 5, State
28 Plane Coordinate System of 1983, Special Publication Number
29 255 shall be used, and the appropriate projection and zone
30 designation shall be indicated and included in any description
31 using the Florida State Plane Coordinate System.
22
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (20) Surveying data:
2 (a) "Point of curvature," written "P.C.," means the
3 point where a tangent circular curve begins.
4 (b) "Point of tangency," written "P.T.," means the
5 point where a tangent circular curve ends and becomes tangent.
6 (c) "Point of compound curvature," written "P.C.C.,"
7 means the point where two circular curves have a common point
8 of tangency, the curves lying on the same side of the common
9 tangent.
10 (d) "Point of reverse curvature," written "P.R.C.,"
11 means the point where two circular curves have a common point
12 of tangency, the curves lying on opposite sides of the common
13 tangent.
14 (21) "Legal entity" means an entity which holds a
15 certificate of authorization issued under chapter 472, whether
16 the entity is a corporation, partnership, association, or
17 person practicing under a fictitious name.
18 (22) "Monument" means a survey marker which must:
19 (a) Be composed of a durable material.
20 (b) Have a minimum length of 18 inches.
21 (c) Have minimum cross-section area of material of 0.2
22 square inches.
23 (d) Be identified with a durable marker or cap bearing
24 either the Florida registration number of the professional
25 surveyor and mapper in responsible charge or the certificate
26 of authorization number of the legal entity, which number
27 shall be preceded by LS or LB as applicable.
28 (e) Be detectable with conventional instruments for
29 locating ferrous or magnetic objects.
30
31
23
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 If the location of the monument falls in a hard surface such a
2 asphalt or concrete, alternate monumentation may be used that
3 is durable and identifiable.
4 Section 3. Section 177.041, Florida Statutes, is
5 amended to read:
6 177.041 Boundary survey and title certification
7 required.--Every plat or replat of a subdivision submitted to
8 the approving agency of the local governing body must be
9 accompanied by:
10 (1) A boundary survey of the platted lands. However, a
11 new boundary survey for a replat is required only when the
12 replat affects any boundary of the platted property. The
13 boundary survey must be performed and prepared under the
14 responsible direction and supervision of a professional
15 surveyor and mapper preceding the initial submittal of the
16 plat to the local governing body. This subsection does not
17 restrict a legal entity from employing one professional
18 surveyor and mapper to perform and prepare the boundary survey
19 and another professional surveyor and mapper to prepare the
20 plat, except that both the boundary survey and the plat must
21 be under the same professional surveyor and mapper or legal
22 entity, whichever applies.
23 (2) A title opinion of an attorney at law licensed in
24 Florida or a certification by an abstractor or a title company
25 showing that record title to the land as described and shown
26 on the plat is in the name of the person, persons,
27 corporation, or entity executing the dedication, if any, as it
28 is shown on the plat and, if the plat does not contain a
29 dedication, that the developer has record title to the land.
30 The title opinion or certification shall also show all
31
24
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 mortgages not satisfied or released of record nor otherwise
2 terminated by law.
3 Section 4. Section 177.051, Florida Statutes, is
4 amended to read:
5 177.051 Name and replat of subdivision.--
6 (1) Every subdivision shall be given a name by which
7 it shall be legally known. For the purpose of this section,
8 that name is the "primary name." The primary Such name shall
9 not be the same or in any way so similar to any name appearing
10 on any recorded plat in the same county as to confuse the
11 records or to mislead the public as to the identity of the
12 subdivision, except when the subdivision is further divided
13 subdivided as an additional unit or section by the same
14 developer or the developer's successors in title. In that
15 case, the additional unit, section, or phase shall be given
16 the primary name followed by the unit, section, or phase
17 number. Words such as "the," "replat," or "a" may not be used
18 as the first word of the primary name. Every subdivision's
19 name shall have legible lettering of the same size and type,
20 including the words "section," "unit," and "phase." If the
21 word "replat" is not part of the primary name, then it may be
22 of a different style and type. "replat," "amended," etc. The
23 primary name of the subdivision shall be shown in the
24 dedication and shall coincide exactly with the subdivision
25 name.
26 (2) Any change in a plat shall be labeled a "replat,"
27 and a replat must conform with this part. After the effective
28 date of this act, the terms "amended plat," "revised plat,"
29 "corrected plat," and "resubdivision" may not be used to
30 describe the process by which a plat is changed.
31
25
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 5. Section 177.061, Florida Statutes, is
2 amended to read:
3 177.061 Qualification and statement required of person
4 making survey and plat certification.--Every plat offered for
5 recording pursuant to the provisions of this part must be
6 prepared by a professional surveyor and mapper. The plat must
7 be signed and sealed by that professional surveyor and mapper,
8 who must state on the plat that the plat was prepared under
9 his or her direction and supervision and that the plat
10 complies with all of the survey requirements of this part.
11 Every plat must also contain the printed name and registration
12 number of the professional surveyor and mapper directly below
13 the statement required by this section, along with the printed
14 name, address, and certificate of authorization number of the
15 legal entity, if any. A professional surveyor and mapper
16 practicing independently of a legal entity must include his or
17 her address. Every subdivision of lands made within the
18 provisions of this chapter shall be made under the responsible
19 direction and supervision of a surveyor and mapper who shall
20 certify on the plat that the plat is a true and correct
21 representation of the lands surveyed, that the survey was made
22 under his or her responsible direction and supervision, and
23 that the survey data complies with all of the requirements of
24 this chapter. The certification shall bear the signature, the
25 registration number, and the official seal of the surveyor and
26 mapper.
27 Section 6. Section 177.071, Florida Statutes, is
28 amended to read:
29 177.071 Approval of plat by governing bodies.--
30 (1) Before a plat is offered for recording, it must be
31 approved by the appropriate governing body, and evidence of
26
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 such approval must shall be placed on the plat. If not
2 approved, the governing body must return the plat to the
3 professional surveyor and mapper or the legal entity offering
4 the plat for recordation. However, such examination and
5 approval for conformity to this chapter by the appropriate
6 governing body shall not include the verification of the
7 survey data, except by a surveyor and mapper either employed
8 by or under contract to the local governing body for the
9 purpose of such examination. For the purposes of this part
10 chapter:
11 (a) When the plat to be submitted for approval is
12 located wholly within the boundaries of a municipality, the
13 governing body of the municipality has exclusive jurisdiction
14 to approve the plat.
15 (b) When a plat lies wholly within the unincorporated
16 areas of a county, the governing body of the county has
17 exclusive jurisdiction to approve the plat.
18 (c) When a plat lies within the boundaries of more
19 than one governing body, two plats must be prepared and each
20 governing body has exclusive jurisdiction to approve the plat
21 within its boundaries, unless the governing bodies having said
22 jurisdiction agree that one plat is mutually acceptable.
23 (2) Any provision in a county charter, or in an
24 ordinance of any charter county or consolidated government
25 chartered under s. 6(e), Art. VIII of the State Constitution,
26 which provision is inconsistent with anything contained in
27 this section shall prevail in such charter county or
28 consolidated government to the extent of any such
29 inconsistency.
30 Section 7. Section 177.081, Florida Statutes, is
31 amended to read:
27
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 177.081 Dedication and approval.--
2 (1) Prior to approval by the appropriate governing
3 body, the plat shall be reviewed for conformity to this
4 chapter by a professional surveyor and mapper either employed
5 by or under contract to the local governing body, the costs of
6 which shall be borne by the legal entity offering the plat for
7 recordation, and evidence of such review must be placed on
8 such plat.
9 (2) Every plat of a subdivision filed for record must
10 contain a dedication by the owners of record developer. The
11 dedication must shall be executed by all persons,
12 corporations, or entities developers having a record interest
13 in the lands subdivided, in the same manner in which deeds are
14 required to be executed. All mortgagees having a record
15 interest in the lands subdivided shall execute, in the same
16 manner in which deeds are required to be executed, either the
17 dedication contained on the plat or a separate instrument
18 joining in and ratifying the plat and all dedications and
19 reservations thereon.
20 (3)(2) When a tract or parcel of land has been
21 subdivided and a plat thereof bearing the dedication executed
22 by the owners of record developers and mortgagees having a
23 record interest in the lands subdivided, and when the approval
24 of the governing body has been secured and recorded in
25 compliance with this part chapter, all streets, alleys,
26 easements, rights-of-way, and public areas shown on such plat,
27 unless otherwise stated, shall be deemed to have been
28 dedicated to the public for the uses and purposes thereon
29 stated. However, nothing herein shall be construed as
30 creating an obligation upon any governing body to perform any
31 act of construction or maintenance within such dedicated areas
28
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 except when the obligation is voluntarily assumed by the
2 governing body.
3 Section 8. Section 177.091, Florida Statutes, is
4 amended to read:
5 177.091 Plats made for recording.--Every plat of a
6 subdivision offered for recording shall conform to the
7 following:
8 (1) It shall be:
9 (a) An original drawing made with black permanent
10 drawing ink or varitype process on a good grade linen tracing
11 cloth or with a suitable permanent black drawing ink on a
12 stable base film, a minimum of 0.003 inches thick, coated upon
13 completion with a suitable plastic material to prevent flaking
14 and to assure permanent legibility; or
15 (b) A nonadhered scaled print on a stable base film
16 made by photographic processes from a film scribing tested for
17 residual hypo testing solution to assure permanency.
18
19 Marginal lines, standard certificates and approval forms shall
20 be printed on the plat with a permanent black drawing ink. A
21 print or photographic copy of the original drawing shall be
22 submitted with the original drawing.
23 (2) The size of each sheet shall be determined by the
24 local governing body and shall be drawn with a marginal line,
25 or printed when permitted by local ordinance, completely
26 around each sheet and placed so as to leave at least a 1/2
27 -inch margin on each of three sides and a 3-inch margin on the
28 left side of the plat for binding purposes.
29 (3) When more than one sheet must be used to
30 accurately portray the lands subdivided, an index or key map
31 must be included and each sheet must show the particular
29
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 number of that sheet and the total number of sheets included,
2 as well as clearly labeled matchlines to show where other
3 sheets match or adjoin.
4 (4) In all cases, the letter size and scale used shall
5 be of sufficient size to show all detail. The scale and shall
6 be both stated and graphically illustrated by a graphic scale
7 drawn on every sheet showing any portion of the lands
8 subdivided.
9 (5) The name of the plat shall be shown in bold
10 legible letters, as stated in s. 177.051. The name of the
11 subdivision shall be shown on each sheet included. The name of
12 the professional surveyor and mapper or legal entity, along
13 with the street and mailing address, must be shown on each
14 sheet included.
15 (6) A prominent "north arrow" shall be drawn on every
16 sheet included showing any portion of the lands subdivided.
17 The bearing or azimuth reference shall be clearly stated on
18 the face of the plat in the notes or legend and, in all cases,
19 the bearings used shall be referenced to some well-established
20 and monumented line.
21 (7) Permanent reference monuments must be placed at
22 each corner or change in direction on the boundary of the
23 lands being platted and; however, "P.R.M.s" need not be set
24 closer than 310 feet, but may not be more than 1,400 1400 feet
25 apart. In all cases there must be a minimum of four "P.R.M.s"
26 placed on the boundary of the lands being platted. Where such
27 corners are in an inaccessible place, "P.R.M.s" shall be set
28 on a nearby offset within the boundary of the plat and such
29 offset shall be so noted on the plat. Where corners are found
30 to coincide with a previously set "P.R.M.," the Florida
31 registration number of the professional surveyor and mapper in
30
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 responsible charge or the certificate of authorization number
2 of the legal entity on the previously set "P.R.M." shall be
3 shown on the new plat or, if unnumbered, shall so state.
4 Permanent reference monuments shall be set before the
5 recording of the plat, and this will be so stated in the
6 surveyor and mapper's certificate on the plat. The "P.R.M.s"
7 "P.R.M." shall be shown on the plat by an appropriate symbol
8 or designation.
9 (8) Permanent control points "P.C.P.s" shall be set on
10 at the intersection of the centerline of the right-of-way at
11 the intersection and terminus of all streets, at each change
12 of direction, "P.C.s," "P.T.s," "P.R.C.s," and "P.C.C.s," and
13 no more than 1,000 feet apart, on tangent, between changes of
14 direction, or along the street right-of-way or block lines at
15 each change in direction and no more than 1,000 feet apart.
16 Such "P.C.P.s" shall be shown on the plat by an appropriate
17 symbol or designation. In those counties or municipalities
18 that do not require subdivision improvements and do not accept
19 bonds or escrow accounts to construct improvements, "P.C.P.s"
20 may be set prior to the recording of the plat and must be set
21 within 1 year of the date the plat was recorded and shall be
22 referred to in the surveyor and mapper's certificate. In the
23 counties or municipalities that require subdivision
24 improvements and have the means of insuring the construction
25 of said improvements, such as bonding requirements, "P.C.P.s"
26 must be set prior to the expiration of the bond or other
27 surety. If the professional surveyor and mapper or legal
28 entity of record is no longer in practice or is not available
29 due to relocation, or when the contractual relationship
30 between the subdivider and professional surveyor and mapper or
31 legal entity has been terminated, the subdivider shall
31
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 contract with a professional surveyor and mapper or legal
2 entity in good standing to place the "P.C.P.s" within the time
3 allotted. It is the surveyor and mapper's responsibility to
4 furnish the clerk or recording officer of the county or
5 municipality his or her certificate that the "P.C.P.s" have
6 been set and the dates the "P.C.P.s" were set.
7 (9) Monuments shall be set at all lot corners, points
8 of intersection, and changes of direction of lines within the
9 subdivision which do not require a "P.R.M." or a "P.C.P.";
10 however, a monument need not be set if a monument already
11 exists at such corner, point, or change of direction or when a
12 monument cannot be set due to a physical obstruction. In those
13 counties or municipalities that do not require subdivision
14 improvements and do not accept bonds or escrow accounts to
15 construct improvements, monuments may be set prior to the
16 recording of the plat and shall be set before the transfer of
17 any lot. In those counties or municipalities that require
18 subdivision improvements and have the means of ensuring the
19 construction of those improvements, such as bonding
20 requirements, monuments shall be set prior to the expiration
21 of the bond or other surety. If the professional surveyor and
22 mapper or legal entity of record is no longer in practice or
23 is not available due to relocation, or when the contractual
24 relationship between the subdivider and professional surveyor
25 and mapper or legal entity has been terminated, the subdivider
26 shall contract with a professional surveyor and mapper or
27 legal entity in good standing who shall be allowed to place
28 the monuments within the time allotted.
29 (10)(9) Each plat shall show The section, township,
30 and range shall appear immediately under the name of the plat
31
32
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 on each sheet included, along with as applicable, or, if in a
2 land grant, the plat will so state.
3 (10) the name of the city, town, village, county, and
4 state in which the land being platted is situated shall appear
5 under the name of the plat as applicable.
6 (11) Each plat shall show a description of the lands
7 subdivided, and the description shall be the same in the title
8 certification. The description must be so complete that from
9 it, without reference to the plat, the starting point and
10 boundary can be determined.
11 (12) The dedications and approvals required by ss.
12 177.071 and 177.081 shall be shown.
13 (13) The circuit court clerk's certificate and the
14 professional surveyor and mapper's seal and statement required
15 by s. 177.061 shall be shown certificate and seal.
16 (14) All section lines and quarter section lines
17 occurring within the subdivision in the map or plat shall be
18 indicated by lines drawn upon the map or plat, with
19 appropriate words and figures. If the description is by metes
20 and bounds, all information called for, such as the point of
21 commencement, course bearings and distances, and the point of
22 beginning, shall be indicated, together with all bearings and
23 distances of the boundary lines. If the platted lands are in
24 a land grant or are not included in the subdivision of
25 government surveys, then the boundaries are to be defined by
26 metes and bounds and courses. The initial point in the
27 description shall be tied to the nearest government corner or
28 other recorded and well established corner.
29 (15) Location, width, and names of all streets,
30 waterways, or other rights-of-way shall be shown, as
31 applicable.
33
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (16) Location and width of proposed easements and
2 existing easements identified in the title opinion or
3 certification required by s. 177.041(2) shall be shown on the
4 plat or in the notes or legend, and their intended use shall
5 be clearly stated. Where easements are not coincident with
6 property lines, they must be labeled with bearings and
7 distances and tied to the principal lot, tract, or
8 right-of-way.
9 (17) All contiguous properties shall be identified by
10 subdivision title, plat book, and page, or, if unplatted, land
11 shall be so designated. If the subdivision platted is a
12 resubdivision of a part or the whole of a previously recorded
13 subdivision, sufficient ties shall be shown to controlling
14 lines appearing on the earlier plat to permit an overlay to be
15 made; the fact of its being a replat resubdivision shall be
16 stated as a subtitle under the name of the plat on each sheet
17 included. The subtitle must state the name of the subdivision
18 being replatted and the appropriate recording reference
19 following the name of the subdivision wherever it appears on
20 the plat.
21 (18) All lots shall be numbered either by progressive
22 numbers or, if in blocks, progressively numbered in each
23 block, and the blocks progressively numbered or lettered,
24 except that blocks in numbered additions bearing the same name
25 may be numbered consecutively throughout the several
26 additions.
27 (19) Block corner radii dimensions shall be shown.
28 (19)(20) Sufficient survey data shall be shown to
29 positively describe the bounds of every lot, block, street
30 easement, and all other areas shown on the plat. When any lot
31 or portion of the subdivision is bounded by an irregular line,
34
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the major portion of that lot or subdivision shall be enclosed
2 by a witness line showing complete data, with distances along
3 all lines extended beyond the enclosure to the irregular
4 boundary shown with as much certainty as can be determined or
5 as "more or less," if variable. Lot, block, street, and all
6 other dimensions except to irregular boundaries, shall be
7 shown to a minimum of hundredths of feet. All measurements
8 shall refer to horizontal plane and in accordance with the
9 definition of the U.S. Survey foot or meter adopted by the
10 National Institute of Standards and Technology. All
11 measurements shall use the 39.37/12=3.28083333333 equation for
12 conversion from a U.S. foot to meters a metric foot.
13 (20)(21) Curvilinear lot lines lots shall show the
14 radii, arc distances, and central angles or radii, chord, and
15 chord bearing, or both. Radial lines will be so designated.
16 Direction of nonradial lines shall be indicated.
17 (21)(22) Sufficient angles, bearings, or azimuth to
18 show direction of all lines shall be shown, and all bearings,
19 angles, or azimuth shall be shown to the nearest second of
20 arc.
21 (22)(23) The centerlines of all streets shall be shown
22 as follows: noncurved lines: with distances together with
23 either, angles, bearings, or azimuths; azimuth, "P.C.s,"
24 "P.T.s," "P.R.C.s," "P.C.C.s," curved lines: arc distances
25 distance, central angles, and tangents, radii, together with
26 chord, and chord bearing or azimuths azimuth, or both.
27 (23)(24) Park and recreation parcels as applicable
28 shall be so designated.
29 (24)(25) All interior excepted parcels as described in
30 the description of the lands being subdivided shall be clearly
31 indicated and labeled "Not a part of this plat."
35
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (25)(26) The purpose of all areas dedicated must be
2 clearly indicated or stated on the plat.
3 (26)(27) When it is not possible to show line or curve
4 data detail information on the map, a tabular form may be
5 used. The tabular data must appear on the sheet to which it
6 applies.
7 (27)(28) The plat shall include in a prominent place
8 the following statements statement: "NOTICE: This plat, as
9 recorded in its graphic form, is the official depiction of the
10 subdivided lands described herein and will in no circumstances
11 be supplanted in authority by any other graphic or digital
12 form of the plat, whether graphic or digital. There may be
13 additional restrictions that are not recorded on this plat
14 that may be found in the public records of this county."
15 (28)(29) All platted utility easements shall provide
16 that such easements shall also be easements for the
17 construction, installation, maintenance, and operation of
18 cable television services; provided, however, no such
19 construction, installation, maintenance, and operation of
20 cable television services shall interfere with the facilities
21 and services of an electric, telephone, gas, or other public
22 utility. In the event a cable television company damages the
23 facilities of a public utility, it shall be solely responsible
24 for the damages. This section shall not apply to those private
25 easements granted to or obtained by a particular electric,
26 telephone, gas, or other public utility. Such construction,
27 installation, maintenance, and operation shall comply with the
28 National Electrical Safety Code as adopted by the Florida
29 Public Service Commission.
30 (29) A legend of all symbols and abbreviations shall
31 be shown.
36
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 9. Section 177.121, Florida Statutes, is
2 amended to read:
3 177.121 Misdemeanor to molest monument or deface or
4 destroy map or plat.--It is a misdemeanor of the second
5 degree, punishable as provided in s. 775.082 or s. 775.083,
6 for any person to molest any monuments established according
7 to this part chapter or to deface or destroy any map or plat
8 placed on public record.
9 Section 10. Subsection (2) of section 177.131, Florida
10 Statutes, is amended to read:
11 177.131 Recordation of the Department of
12 Transportation official right-of-way maps and other
13 governmental right-of-way maps.--
14 (2) Sections 177.011-177.121 of this part chapter are
15 not applicable to this section. Upon request of the clerk,
16 the Department of Transportation shall furnish without charge
17 a reproducible copy of its right-of-way maps.
18 Section 11. Section 177.132, Florida Statutes, is
19 amended to read:
20 177.132 Preservation of unrecorded maps.--
21 (1) The clerk of the circuit court of a county may
22 receive and copy, as unrecorded maps, otherwise unrecorded
23 plats and maps, including sales maps, which describe or
24 illustrate the boundaries and subdivision of parcels of land,
25 but which do not necessarily indicate proper metes and bounds
26 or otherwise comply with the recording requirements of this
27 part chapter. The receipt and copying of such documents shall
28 not affect or impair the title to the property in any manner,
29 nor shall it be construed as actual or constructive notice,
30 but shall be for informational purposes only and shall not be
31 referred to for the purpose of conveying property or for
37
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 circumventing the lawful regulation and control of subdividing
2 lands by local governing bodies. The clerk may maintain a
3 separate book or other filing process provided by the county
4 for this purpose. The clerk shall make reproductions of these
5 copies available to the public at a reasonable fee.
6 (2) Sections 177.021-177.121 of this part chapter
7 shall not apply to this section.
8 Section 12. Section 177.141, Florida Statutes, is
9 amended to read:
10 177.141 Affidavit confirming error on a recorded
11 plat.--In the event an appreciable error or omission in the
12 data shown on any plat duly recorded under the provisions of
13 this part chapter is detected by subsequent examination or
14 revealed by a retracement of the lines run during the original
15 survey of the lands shown on such recorded plat, the
16 professional surveyor and mapper or legal entity who was
17 responsible for the survey and the preparation of the plat as
18 recorded may file an affidavit confirming that such error or
19 omission was made. If applicable However, the affidavit must
20 state that the professional surveyor and mapper or legal
21 entity has made a resurvey of the subject property in the
22 recorded subdivision within the last 10 days and that no
23 evidence existed on the ground that would conflict with the
24 corrections as stated in the affidavit. The affidavit shall
25 describe the nature and extent of such error or omission and
26 the appropriate correction that in the affiant's professional
27 surveyor and mapper's opinion should be substituted for the
28 erroneous data shown on the plat or added to the data on the
29 plat. When such an affidavit is filed, it is the duty of the
30 circuit court clerk to record the affidavit, and he or she
31 must shall place in the margin of the recorded plat a notation
38
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 that the affidavit has been filed, the date of filing, and the
2 official book and page where it is recorded. The notation must
3 also be placed on all copies of the plat used for reproduction
4 purposes. The affidavit shall have no effect upon the validity
5 of the plat or on the information shown thereon.
6 Section 13. Section 177.151, Florida Statutes, is
7 amended to read:
8 177.151 State plane coordinate.--
9 (1) Coordinates may be used to define or designate the
10 position of points on the surface of the earth within the
11 state for land descriptions and subdivision purposes, provided
12 the initial point in the description shall be tied to the
13 nearest government corner or other recorded and well
14 established corner. The state plane coordinates of a point on
15 the earth's surface, to be used in expressing the position or
16 location of such point in the appropriate projection and zone
17 system, shall consist of two distances, expressed in meters or
18 feet and decimals of the same a foot. One position distance,
19 to be known as the "Northing," shall give the position in a
20 north and south direction; the other, to be known as the
21 "Easting x-coordinate," shall give the position in an east and
22 west direction; the other, to be known as the "y-coordinate,"
23 shall give the position in a north and south direction. These
24 coordinates shall be made to depend upon and conform to the
25 origins and projections on the Florida State Plane Coordinate
26 System and the geodetic control triangulation and traverse
27 stations of the National Ocean Service Survey within the
28 state, as those origins and projections have been determined
29 by such service the said survey. When any tract of land to be
30 defined by a single description extends from one into the
31 other of the above projections or zones, the positions of all
39
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 points on its boundary may be referred to either of the zones
2 or projections, with the zone and projection being used
3 specifically named in the description.
4 (2) The position of points on the Florida State Plane
5 Coordinate System shall be as marked on the ground by geodetic
6 control triangulation or traverse stations established in
7 conformity with standards adopted by the National Ocean
8 Service Survey for first-order and second-order work, the
9 geodetic positions of which have been rigidly adjusted on the
10 North American Datum of 1983, as readjusted in 1990, and the
11 coordinates of which have been computed on the Florida State
12 Plane Coordinate System herein defined. Any such station may
13 be used for establishing a survey connection with the Florida
14 State Plane Coordinate System.
15 (3) No coordinates based on the Florida Coordinate
16 System purporting to define the position of a point on a land
17 boundary may be presented to be recorded in any public land
18 records or deed records unless the point is within one-half
19 mile of a triangulation or traverse station established in
20 conformity with the standards described in s. 177.031(19).
21 However, the said one-half mile limitation may be waived when
22 coordinates shown are certified as having been established in
23 accordance with National Ocean Survey requirements and
24 procedures for first-order or second-order work by a surveyor
25 and mapper licensed in the state. This certification of
26 order-of-accuracy must be included in the description of the
27 land involved.
28 (4) The use of the term "Florida Coordinate System" on
29 any map, report of survey, or other document shall be limited
30 to coordinates based on the Florida Coordinate System as
31 defined in this chapter.
40
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (5) Whenever coordinates based on the Florida
2 Coordinate System are used to describe a tract of land which
3 in the same document is also described by reference to any
4 subdivision, line, or corner of the United States Public Land
5 Survey, the description by coordinates shall be construed as
6 supplemental to the basic description of such subdivision,
7 line, or corner contained in the official plats and field
8 notes of record, and, in the event of any conflict, the
9 description by reference to the subdivision, line, or corner
10 of the United States Public Land Survey shall prevail over the
11 description by coordinates.
12 (6) Nothing contained in this chapter shall require
13 any purchaser or mortgagee to rely on a description any part
14 of which depends exclusively upon the Florida Coordinate
15 System.
16 Section 14. Subsection (3) of section 177.27, Florida
17 Statutes, is amended to read:
18 177.27 Definitions.--The following words, phrases, or
19 terms used herein, unless the context otherwise indicates,
20 shall have the following meanings:
21 (3) "Control tide station" means a place so designated
22 by the department or the National Ocean Service Survey at
23 which continuous tidal observations have been taken or are to
24 be taken over a minimum of 19 years to obtain basic tidal data
25 for the locality.
26 Section 15. Subsection (1) of section 177.38, Florida
27 Statutes, is amended to read:
28 177.38 Standards for establishment of local tidal
29 datums.--
30 (1) Unless otherwise allowed by this part or
31 regulations promulgated hereunder, a local tidal datum shall
41
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 be established from a series of tide observations taken at a
2 tide station established in accordance with procedures
3 approved by the department. In establishing such procedures,
4 full consideration will be given to the national standards and
5 procedures established by the National Ocean Service Survey.
6 Section 16. Paragraph (b) of subsection (6) of section
7 287.055, Florida Statutes, 1996 Supplement, is amended to
8 read:
9 287.055 Acquisition of professional architectural,
10 engineering, landscape architectural, or surveying and mapping
11 services; definitions; procedures; contingent fees prohibited;
12 penalties.--
13 (6) PROHIBITION AGAINST CONTINGENT FEES.--
14 (b) Any individual, corporation, partnership, firm, or
15 company, other than a bona fide employee working solely for an
16 architect, professional engineer, or professional registered
17 land surveyor and mapper, who offers, agrees, or contracts to
18 solicit or secure agency contracts for professional services
19 for any other individual, company, corporation, partnership,
20 or firm and to be paid, or is paid, any fee, commission,
21 percentage, gift, or other consideration contingent upon, or
22 resulting from, the award or the making of a contract for
23 professional services shall, upon conviction in a competent
24 court of this state, be found guilty of a first degree
25 misdemeanor, punishable as provided in s. 775.082 or s.
26 775.083.
27 Section 17. Subsections (1) and (2) of section
28 455.213, Florida Statutes, 1996 Supplement, are amended to
29 read:
30 455.213 General licensing provisions.--
31
42
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (1) Any person desiring to be licensed shall apply to
2 the department in writing to take the appropriate examination.
3 The application for licensure shall be made on a form prepared
4 and furnished by the department and shall be supplemented as
5 needed to reflect any material change in any circumstance or
6 condition stated in the application which takes place between
7 the initial filing of the application and the final grant or
8 denial of the license and which might affect the decision of
9 the agency. In cases where a person applies or schedules
10 directly with a national examination organization or
11 examination vendor to take an examination required for
12 licensure, any organization-related or vendor-related fees
13 associated with the examination may be paid directly to the
14 organization or vendor.
15 (2) Before the issuance of any license, the department
16 may charge an initial license fee as determined by rule of the
17 applicable board or, if no such board exists, by rule of the
18 department. Upon receipt of the appropriate license fee,
19 except as provided in subsection (3), the department shall
20 issue a license to any person certified by the appropriate
21 board, or its designee, or the department when there is no
22 board, as having met the applicable requirements imposed by
23 law or rule. However, an applicant who is not otherwise
24 qualified for licensure is not entitled to licensure solely
25 based on a passing score on a required examination.
26 Section 18. Section 455.217, Florida Statutes, 1996
27 Supplement, is amended to read:
28 455.217 Examinations.--This section shall be read in
29 conjunction with the appropriate practice act associated with
30 each regulated profession under this chapter.
31
43
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (1) The Division of Technology, Licensure, and Testing
2 of the Department of Business and Professional Regulation
3 shall provide, contract for, or approve services for the
4 development, preparation, and administration, scoring, score
5 reporting, and evaluation of all examinations. The division
6 shall seek the advice of the appropriate board in providing
7 such services.
8 (a) The department, acting in conjunction with the
9 Division of Technology, Licensure, and Testing and the
10 Division of Real Estate, as appropriate, shall ensure that the
11 examinations adequately and reliably measure an applicant's
12 ability to practice the profession regulated by the department
13 and shall seek the advice of the appropriate board in the
14 preparation and administration of the examinations. After an
15 examination developed or approved by the department has been
16 administered, the board or department may reject any question
17 which does not reliably measure the general areas of
18 competency specified in the rules of the board, or the
19 department when there is no board. The department shall use
20 professional testing services for the development,
21 preparation, and evaluation of to prepare, administer, grade,
22 and evaluate the examinations, when such services are
23 available and approved by the board.
24 (b) For each examination developed by the department
25 or a contracted vendor, to the extent not otherwise specified
26 by statute, the board, or, when there is no board, the
27 department when there is no board, shall by rule specify the
28 general areas of competency to be covered by the each
29 examination, the relative weight to be assigned in grading
30 each area tested, and the score necessary to achieve a passing
31 grade, and the fees, where applicable, to cover the actual
44
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 cost for any purchase, development, and administration of the
2 required examination. However, statutory fee caps in each
3 practice act shall apply. This subsection does not apply to
4 national examinations approved and administered pursuant to
5 paragraph (d).
6 (c) If a practical examination is deemed to be
7 necessary, the rules shall specify the criteria by which
8 examiners are to be selected, the grading criteria to be used
9 by the examiner, the relative weight to be assigned in grading
10 each criterion, and the score necessary to achieve a passing
11 grade. When a mandatory standardization exercise for a
12 practical examination is required by law, the board may
13 conduct such exercise. Therefore, board members may serve as
14 examiners at a practical examination with the consent of the
15 board.
16 (d)(c) A board, or the department when there is no
17 board, may approve by rule the use of any national examination
18 which the department has certified as meeting requirements of
19 national examinations and generally accepted testing standards
20 pursuant to department rules. Providers of examinations, which
21 may be either profit or nonprofit entities, seeking
22 certification by the department shall pay the actual costs
23 incurred by the department in making a determination regarding
24 the certification. The department shall use any national
25 examination which is available, certified by the department
26 and which is approved by the board. The name and number of a
27 candidate may be provided to a national contractor for the
28 limited purpose of preparing the grade tape and information to
29 be returned to the board or department or, to the extent
30 otherwise specified by rule, the candidate may apply directly
31 to the vendor of the national examination. The department may
45
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 delegate to the board the duty to provide and administer the
2 examination. Any national examination approved by a board, or
3 the department when there is no board, prior to October 1,
4 1997, is deemed certified under this paragraph. Any licensing
5 or certification examination that is not developed or
6 administered by the department in house or provided as a
7 national examination shall be competitively bid.
8 (e)(d) The department shall adopt rules regarding the
9 security and monitoring of examinations. In order to maintain
10 the security of examinations, the department may employ the
11 procedures set forth in s. 455.228 to seek fines and
12 injunctive relief against an examinee who violates the
13 provisions of s. 455.2175 or the rules adopted pursuant to
14 this paragraph. The department, or any agent thereof, may, for
15 the purposes of investigation, confiscate any written,
16 photographic, or recording material or device in the
17 possession of the examinee at the examination site which the
18 department deems necessary to enforce such provisions or
19 rules.
20 (f)(e) If the professional board with jurisdiction
21 over an examination concurs, the department may, for a fee,
22 share with any other state's licensing authority an
23 examination developed by or for the department unless
24 prohibited by a contract entered into by the department for
25 development or purchase of the examination. The department,
26 with the concurrence of the appropriate board, shall establish
27 guidelines that ensure security of a shared exam and shall
28 require that any other state's licensing authority comply with
29 those guidelines. Those guidelines shall be approved by the
30 appropriate professional board. All fees paid by the user
31 shall be applied to the department's examination and
46
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 development program for professions regulated by this chapter.
2 All fees paid by the user for professions not regulated by
3 this chapter shall be applied to offset the fees for the
4 development and administration of that profession's
5 examination.
6 (2) For each examination developed by the department
7 or a contracted vendor, the board, or the department, when
8 there is no board, the department shall make rules providing
9 for reexamination of any applicants who fail an have failed
10 the examination developed by the department or a contracted
11 vendor. If both a written and a practical examination are
12 given, an applicant shall be required to retake only the
13 portion of the examination for on which he failed to achieve a
14 passing grade, if he successfully passes that portion within a
15 reasonable time, as determined by rule of the board, or the
16 department when there is no board, of his passing the other
17 portion.
18 (3) Except for national examinations approved and
19 administered pursuant to paragraph (1)(d), the department
20 shall provide procedures for applicants who have taken and
21 failed an examination developed by the department or a
22 contracted vendor to review their examination questions,
23 answers, papers, grades, and grading key for the questions the
24 candidate answered incorrectly or, if that is not feasible,
25 the parts of the examination failed. Applicants shall bear the
26 actual cost for the department to provide examination review
27 pursuant to this subsection. The board or, when there is no
28 board, the department shall make available an examination
29 review procedure for applicants and charge an examination
30 review fee not to exceed $75 per review. Unless prohibited or
31 limited by rules implementing security or access guidelines of
47
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 national examinations, the applicant is entitled to review his
2 examination questions, answers, papers, grades, and grading
3 key. An applicant may waive in writing the confidentiality of
4 his examination grades.
5 (4)(3) For each examination developed or administered
6 by the department or a contracted vendor, The department shall
7 make an accurate record of each applicant's examination
8 questions, answers, papers, grades, and grading key. The
9 department shall be kept keep such record for a period of not
10 less than 2 years immediately following the examination, and
11 such record shall thereafter be maintained or destroyed as
12 provided in chapters 119 and 257. This subsection does not
13 apply to national examinations approved and administered
14 pursuant to paragraph (1)(d).
15 (5)(4) Meetings and records of meetings of any member
16 of the department or of any board or commission within the
17 department held for the exclusive purpose of creating or
18 reviewing licensure examination questions or proposed
19 examination questions are confidential and exempt from ss.
20 119.07(1) and 286.011. However, this exemption shall not
21 affect the right of any person to review an examination as
22 provided in subsection (3) (2).
23 (6)(5) For examinations developed by the department or
24 a contracted vendor, each board, or the department when there
25 is no board, may provide licensure examinations in an
26 applicant's native language. Applicants for examination or
27 reexamination pursuant to this subsection shall bear the full
28 cost for the department's development, preparation,
29 administration, grading, and evaluation of any examination in
30 a language other than English. Requests for translated
31 examinations must be on file in the board office, or with the
48
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 department when there is no board, at least 6 months prior to
2 the scheduled examination. When determining whether it is in
3 the public interest to allow the examination to be translated
4 into a language other than English, the board, or the
5 department when there is no board, shall consider the
6 percentage of the population who speak the applicant's native
7 language.
8 (7)(6) In addition to meeting any other requirements
9 for licensure by examination or by endorsement, an applicant
10 may be required by a board, or by the department when if there
11 is no board, to pass an examination pertaining to state laws
12 and rules applicable to the practice of the profession
13 regulated by that board or by the department.
14 Section 19. Subsection (3) of section 455.225, Florida
15 Statutes, 1996 Supplement, is amended to read:
16 455.225 Disciplinary proceedings.--Disciplinary
17 proceedings for each board shall be within the jurisdiction of
18 the department or the Agency for Health Care Administration,
19 as appropriate.
20 (3)(a) As an alternative to the provisions of
21 subsections (1) and (2), when a complaint is received, the
22 department or the agency may provide a licensee with a notice
23 of noncompliance for an initial offense of a minor violation.
24 A violation is a minor violation if it does not demonstrate a
25 serious inability to practice the profession, result in
26 economic or physical harm to a person, or adversely affect the
27 public health, safety, or welfare or create a significant
28 threat of such harm. Each board, or the department or the
29 agency if there is no board, shall establish by rule those
30 minor violations which are minor violations under this
31 provision which do not endanger the public health, safety, and
49
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 welfare and which do not demonstrate a serious inability to
2 practice the profession. Failure of a licensee to take action
3 in correcting the violation within 15 days after notice may
4 result in the institution of regular disciplinary proceedings.
5 (b) The department may issue a notice of noncompliance
6 for an initial offense of a minor violation, notwithstanding a
7 board's failure to designate a particular minor violation by
8 rule as provided in paragraph (a).
9 Section 20. Paragraph (b) of subsection (7) of section
10 458.347, Florida Statutes, 1996 Supplement, is amended to
11 read:
12 458.347 Physician assistants.--
13 (7) PHYSICIAN ASSISTANT CERTIFICATION.--
14 (b)1. Notwithstanding subparagraph (a)2. and
15 sub-subparagraph (a)3.a., the agency shall examine each
16 applicant who the Board of Medicine certifies:
17 a. Has completed the application form and remitted a
18 nonrefundable application fee not to exceed $500 and an
19 examination fee not to exceed $300, plus the actual cost to
20 the agency to provide the examination. The examination fee is
21 refundable if the applicant is found to be ineligible to take
22 the examination. The agency shall not require the applicant to
23 pass a practical component of the examination, provided that
24 the National Commission on Certification of Physician
25 Assistants has eliminated the practical component of its
26 examination. Competencies required for practicing physician
27 assistants shall be incorporated into the written examination
28 through a multiple-choice format. The agency shall translate
29 the examination into the native language of any applicant who
30 requests and agrees to pay all costs of such translation,
31 provided that the translation request is filed with the board
50
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 office no later than 9 months before the scheduled examination
2 and the applicant remits translation fees as specified by the
3 department no later than 6 months before the scheduled
4 examination, and provided that the applicant demonstrates to
5 the agency the ability to communicate orally in basic English.
6 If the applicant is unable to pay translation costs, the
7 applicant may take the next available examination in English
8 if the applicant submits a request in writing by the
9 application deadline and if the applicant is otherwise
10 eligible under this section. To demonstrate the ability to
11 communicate in basic English, a passing score or grade is
12 required, as determined by the department or organization that
13 developed it, on one of the following English examinations:
14 (I) The test for spoken English (TSE) by the
15 Educational Testing Service (ETS);
16 (II) The test of English as a foreign language
17 (TOEFL), by ETS;
18 (III) A high school or college level English Course;
19 or
20 (IV) The English examination for citizenship,
21 Immigration and Naturalization Service.
22
23 A notarized copy of an Educational Commission for Foreign
24 Medical Graduates (ECFMG) certificate may also be used to
25 demonstrate the ability to communicate in basic English.
26 b. Is an unlicensed physician who graduated from a
27 foreign medical school listed with the World Health
28 Organization who has not previously taken and failed the
29 examination of the National Commission on Certification of
30 Physician Assistants and who has been certified by the Board
31 of Medicine as having met the requirements for licensure as a
51
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 medical doctor by examination as set forth in s. 458.311(1),
2 (3), (4), and (5), with the exception that the applicant is
3 not required to have completed an approved residency of at
4 least 1 year and the applicant is not required to have passed
5 the licensing examination specified under s. 458.311 or hold a
6 valid, active certificate issued by the Educational Commission
7 for Foreign Medical Graduates.
8 c. Was eligible and made initial application for
9 certification as a physician assistant in this state between
10 July 1, 1990, and June 30, 1991.
11 d. Was a resident of this state on July 1, 1990, or
12 was licensed or certified in any state in the United States as
13 a physician assistant on July 1, 1990.
14 2. The agency may grant temporary certification to an
15 applicant who meets the requirements of subparagraph 1.
16 Between meetings of the council, the agency may grant
17 temporary certification to practice based on the completion of
18 all temporary certification requirements. All such
19 administratively issued certifications shall be reviewed and
20 acted on at the next regular meeting of the council. A
21 temporary certificate expires upon receipt and notice of
22 scores to the certificateholder from the first available
23 examination specified in subparagraph 1. following
24 certification by the agency. An applicant who fails the
25 proficiency examination is no longer temporarily certified,
26 but may apply for a one-time extension of temporary
27 certification after reapplying for the next available
28 examination. Extended certification shall expire upon failure
29 of the certificateholder to sit for the next available
30 examination or upon receipt and notice of scores to the
31 certificateholder from such examination.
52
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 3. Notwithstanding any other provision of law, the
2 examination specified pursuant to subparagraph 1. shall be
3 administered by the agency only five times. Applicants
4 certified by the board for examination shall receive at least
5 6 months' notice of eligibility prior to the administration of
6 the initial examination. Subsequent examinations shall be
7 administered at 1-year intervals following determined by the
8 agency after the reporting of the scores of the first and
9 subsequent examinations examination. For the purposes of this
10 paragraph, the agency may develop, contract for the
11 development of, purchase, or approve an examination, including
12 a practical component, that adequately measures an applicant's
13 ability to practice with reasonable skill and safety. The
14 minimum passing score on the examination shall be established
15 by the agency, with the advice of the board. Those applicants
16 failing to pass that examination or any subsequent examination
17 shall receive notice of the administration of the next
18 examination with the notice of scores following such
19 examination. Any applicant who passes the examination and
20 meets the requirements of this section shall be certified as a
21 physician assistant with all rights defined thereby.
22 Section 21. Subsection (4) and paragraph (b) of
23 subsection (6) of section 468.385, Florida Statutes, are
24 amended to read:
25 468.385 Licenses required; qualifications;
26 examination; bond.--
27 (4) Any person seeking a license as an auctioneer
28 shall pass a written examination approved by the board and
29 certified prepared and administered by the department which
30 tests his general knowledge of the laws of this state relating
31
53
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 to the Uniform Commercial Code bulk sales, auctions, laws of
2 agency brokerage, and the provisions of this act.
3 (6) No person shall be licensed as an auctioneer
4 unless he:
5 (b) Has passed the required an examination conducted
6 by the department; and
7 Section 22. Subsection (1) of section 468.386, Florida
8 Statutes, is amended to read:
9 468.386 Fees; local licensing requirements.--
10 (1) The board by rule may establish application,
11 examination, licensure, renewal, and other reasonable and
12 necessary fees, based upon the department's estimate of the
13 costs to the board in administering this act.
14 Section 23. Section 468.388, Florida Statutes, is
15 amended to read:
16 468.388 Conduct of an auction.--
17 (1) Prior to conducting an auction in this state, an
18 auctioneer or auction business shall execute a written
19 agreement with the owner, or the agent of the owner, of any
20 property to be offered for sale, stating:
21 (a) The name and address of the owner of the property;
22 (b) The name and address of the person employing the
23 auctioneer or auction business, if different from the owner;
24 and
25 (c) The terms or conditions upon which the auctioneer
26 or auction business will receive the property for sale and
27 remit the sales proceeds to the owner.
28 (2) The auctioneer or auction business shall give the
29 owner one copy of the agreement and shall keep one copy for 2
30 years after the date of the auction.
31 (3) A written agreement shall not be required if:
54
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) The auction is to be conducted at an auction house
2 or similar place where the public regularly offers property
3 for sale;
4 (b) There has been no prior negotiation between the
5 owner or his agent and the auctioneer or auction business
6 involving terms or conditions pertaining to the property being
7 offered for sale; and
8 (c) The total estimated value of the property is $500
9 or less. If the actual sale price of the property exceeds
10 $550, the written agreement required by subsection (1) shall
11 be executed after the sale.
12 (3)(4) Each auctioneer or auction business shall
13 maintain a record book of all sales for which a written
14 agreement is required. The record book shall be open to
15 inspection by the board at reasonable times.
16 (4)(5) Each auctioneer or auction business shall
17 prominently display his license, or make it otherwise
18 available for inspection, at each auction in which he
19 participates.
20 (5)(6) All advertising by an auctioneer or auction
21 business shall include the name and Florida license number of
22 such auctioneer and auction business. The term "advertising"
23 shall not include articles of clothing, directional signs, or
24 other promotional novelty items.
25 Section 24. Paragraph (c) of subsection (1) of section
26 468.389, Florida Statutes, is amended to read:
27 468.389 Prohibited acts; penalties.--
28 (1) The following acts shall be grounds for the
29 disciplinary activities provided in subsections (2) and (3):
30 (c) Failure to account for or to pay, within a
31 reasonable time not to exceed 30 days, money or property
55
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 belonging to another which has come into the control of an
2 auctioneer or auction business through an auction.
3 Section 25. For the purpose of incorporating the
4 amendment to section 468.389, Florida Statutes, in a reference
5 thereto, section 468.391, Florida Statutes, is reenacted to
6 read:
7 468.391 Penalty.--Any auctioneer, apprentice, or
8 auction business or any owner or manager thereof, or, in the
9 case of corporate ownership, any substantial stockholder of
10 the corporation owning the auction business, who operates
11 without an active license or violates any provision of the
12 prohibited acts listed under s. 468.389 commits a felony of
13 the third degree, punishable as provided in s. 775.082 or s.
14 775.083.
15 Section 26. Subsections (2) and (3) of section
16 468.393, Florida Statutes, are amended to read:
17 468.393 Surcharge to license fee; assessments.--
18 (2) If the total amount in the Auctioneer Recovery
19 Fund, including principal and interest, exceeds $250,000
20 $500,000 at the end of the state fiscal year after the payment
21 of all claims and expenses, the amount in excess of $250,000
22 $500,000 shall remain in the fund for benefit of the licensees
23 in tolling the surcharge until such time as the surcharge
24 shall need replenishing.
25 (3) After October 1, 1995, if the total amount in the
26 Auctioneer Recovery Fund, including principal and interest, is
27 less than $200,000 at the end of the fiscal year after the
28 payment of all claims and expenses, the board shall assess, in
29 addition to any other fees under s. 468.3852, a surcharge
30 against a licensee at the time of initial licensure or at the
31
56
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 time of license renewal, according to the following formula in
2 order to maintain the fund at $250,000 $500,000:
3 (a) Determine the amount remaining in the fund at the
4 end of the state fiscal year after all expenses and claims
5 have been paid.
6 (b) Subtract the amount determined under paragraph (a)
7 from $250,000 $500,000.
8 (c) Determine the number of initial licenses and
9 license renewals in the fiscal year that precedes the current
10 fiscal year.
11 (d) Divide the amount determined under paragraph (b)
12 by the number determined under paragraph (c).
13 Section 27. For the purpose of incorporating the
14 amendment to section 468.393, Florida Statutes, in a reference
15 thereto, subsection (5) of section 468.392, Florida Statutes,
16 is reenacted to read:
17 468.392 Auctioneer Recovery Fund.--There is created
18 the Auctioneer Recovery Fund as a separate account in the
19 Professional Regulation Trust Fund. The fund shall be
20 administered by the Florida Board of Auctioneers.
21 (5) Moneys in the fund at the end of a fiscal year
22 shall be retained in the fund and shall accrue for the benefit
23 of auctioneers and auction businesses. When the fund exceeds
24 the amount as set forth in s. 468.393(2), all surcharges shall
25 be suspended until such time as the fund is reduced below the
26 amount as set forth in s. 468.393(3).
27 Section 28. Section 468.395, Florida Statutes, is
28 amended to read:
29 468.395 Conditions of recovery; eligibility.--
30 (1) Recovery from the Auctioneer Recovery Fund may be
31 obtained under either of the following circumstances:
57
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) Any aggrieved person is eligible to receive
2 recovery from the Auctioneer Recovery Fund if the Florida
3 Board of Auctioneers has issued a final order directing an
4 offending licensee to pay restitution to the claimant as the
5 result of the licensee violating, within the State of Florida,
6 any provision of s. 468.389 or any rule adopted by the board
7 and the board determines that the order of restitution cannot
8 be enforced; or
9 (b) Any aggrieved person who obtains a final judgment
10 in any court against any licensee to recover damages for an
11 actual cash loss resulting from the violation, within the
12 State of Florida, by failure to meet the obligations of a
13 licensee, of any provision of s. 468.389 or any rule under
14 this part and the rules adopted by the board, with or without
15 findings by the board, that results in an actual cash loss to
16 the aggrieved person may, upon termination of all proceedings,
17 including appeals and proceedings supplemental to judgment for
18 collection purposes, file a verified application to the board
19 in the court in which the judgment was entered for an order
20 directing payment out of the Auctioneer Recovery Fund of the
21 amount of actual and direct loss in the transaction that
22 remains unpaid upon the judgment. Notwithstanding subsection
23 (3), any application received by the court in which the
24 judgment was entered within 6 months of termination of all
25 proceedings, including appeals and proceedings supplemental to
26 judgment for collection purposes, shall be considered timely
27 filed. The amount of actual and direct loss may include court
28 costs, but shall not include attorney's fees or punitive
29 damages awarded.
30 (2) The amount paid from the Auctioneer Recovery Fund
31 may not exceed $25,000 $50,000 per claim judgment or claims
58
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 judgments arising out of the same transaction or auction nor
2 and an aggregate lifetime limit of $50,000 $100,000 with
3 respect to any one licensee.
4 (2) At the time the action is commenced, such person
5 shall give notice thereof to the board by certified mail,
6 except that, if no notice is given to the board, the claim may
7 still be honored if, in the opinion of the board, the claim is
8 otherwise valid.
9 (3) A claim for recovery from the Auctioneer Recovery
10 Fund shall be made within 2 years from the time of the act
11 giving rise to the claim or within 2 years from the time the
12 act is discovered or should have been discovered with the
13 exercise of due diligence; however, in no event may a claim
14 for recovery be made more than 4 years after the date of the
15 act giving rise to the claim.
16 (4) The board court shall not issue an order for
17 payment of a claim from the Auctioneer Recovery Fund unless
18 the claimant has reasonably established for the board court
19 that he has taken proper and reasonable action to collect the
20 amount of his claim from the licensee licensed auctioneer
21 responsible for the loss and that any recovery made has been
22 applied to reduce the amount of the claim on the Auctioneer
23 Recovery Fund.
24 (5) Notwithstanding any other provision of this part,
25 no claim based on any act or omission occurring outside the
26 State of Florida or occurring prior to October 1, 1995, shall
27 be payable submitted for payment to or payment from the
28 Auctioneer Recovery Fund until after October 1, 1995.
29 (6) In case of payment of loss from the Auctioneer
30 Recovery Fund, the fund shall be subrogated, to the extent of
31
59
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the amount of the payment, to all the rights of the claimant
2 against any licensee with respect to the loss.
3 Section 29. Subsections (1) and (3) of section
4 468.396, Florida Statutes, are amended to read:
5 468.396 Claims against a single licensee in excess of
6 dollar limitation; joinder of claims, payment; insufficient
7 funds.--
8 (1) If the payment in full of two or more pending
9 valid claims that have been filed by aggrieved persons against
10 a single licensee would exceed the $25,000 $50,000 limit as
11 set forth in s. 468.395, the $25,000 $50,000 shall be
12 distributed among the aggrieved persons in the ratio that
13 their respective claims bear to the aggregate of all valid
14 claims or in any other manner that a court of record may
15 determine to be equitable. Such money shall be distributed
16 among the persons entitled to share in it without regard to
17 the order of priority in which their respective judgments have
18 been obtained or their claims have been filed.
19 (3) On June 30 and December 31 of each year, the board
20 shall identify each claim that the court orders to be paid
21 during the 6-month period that ended on that day. The board
22 shall pay the part of each claim that is so identified within
23 15 days after the end of the 6-month period in which the claim
24 is ordered paid. However, if the balance in the fund is
25 insufficient to pay the full payable amount of each claim that
26 is ordered to be paid during a 6-month period, the board shall
27 pay a prorated portion of each claim that is ordered to be
28 paid during the period. Any part of the payable amount of a
29 claim left unpaid due to the prorating of payments under this
30 subsection shall be paid, subject to the $25,000 $50,000 limit
31
60
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 described in s. 468.395, before the payment of claims ordered
2 to be paid during the following 6 months.
3 Section 30. Subsection (3) is added to section
4 468.432, Florida Statutes, 1996 Supplement, to read:
5 468.432 Licensure of community association managers;
6 exceptions; rules.--
7 (3) The department is authorized to adopt rules
8 pursuant to chapter 120 to implement the licensure and
9 disciplinary requirements of this part and chapter 455.
10 Section 31. Subsection (4) of section 468.542, Florida
11 Statutes, is amended to read:
12 468.542 Definitions.--As used in ss. 468.540-468.552,
13 the term:
14 (4) "Operator" means any person, including the owner,
15 who is in onsite charge of the actual operation, supervision,
16 and maintenance of a water treatment plant or domestic
17 wastewater treatment plant and includes the person in onsite
18 charge of a shift or period of operation during any part of
19 the day.
20 (a) "Class A operator" means a person who is
21 authorized by certification, training, and experience to
22 operate any water or wastewater treatment facility, as defined
23 by department rule.
24 (b) "Class B operator" means a person who is
25 authorized by certification, training, and experience to
26 operate a Class B or lesser water or wastewater treatment
27 facility, as defined by department rule, and who also may be
28 authorized as a shift operator on Class A facilities, as
29 permitted by department rule.
30 (c) "Class C operator" means a person who is
31 authorized by certification, training, and experience to
61
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 operate a Class C or lesser water or wastewater treatment
2 facility, as defined by department rule, and who also may be
3 authorized as a shift operator on Class A or Class B
4 facilities, as permitted by department rule.
5 (d) "Class D operator" means a person who is
6 authorized by certification, training, and experience to
7 operate a Class D water or wastewater treatment facility, as
8 defined by department rule.
9 Section 32. Paragraph (e) of subsection (2) and
10 subsection (3) of section 468.453, Florida Statutes, are
11 amended to read:
12 468.453 Licensure required; qualifications;
13 examination; bond.--
14 (2) A person shall be licensed as an athlete agent if
15 the applicant:
16 (e) Has provided sufficient information, and a full
17 set of the applicant's fingerprints which has been taken by an
18 authorized law enforcement officer, which must be submitted by
19 the department for a criminal records check through the
20 Federal Bureau of Investigation.
21 (3) Members of The Florida Bar are exempt from the
22 requirements of this part state laws and rules component, and
23 the fee for such, of the examination required by this section.
24 Section 33. Section 468.547, Florida Statutes, is
25 amended to read:
26 468.547 Fees.--The department shall, by rule,
27 establish fees to be paid for applications and examination,
28 reexamination, licensing and renewal, renewal of inactive
29 license, reactivation of inactive license, recordmaking, and
30 recordkeeping. The department shall establish fees adequate to
31 administer and implement ss. 468.540-468.552.
62
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (1) The application fee may not exceed $100 and is not
2 refundable.
3 (2) The renewal fee may not exceed $100 and is not
4 refundable.
5 (3) All fees collected pursuant to ss. 468.540-468.552
6 must be deposited into the Professional Regulation Trust Fund.
7 Section 34. Subsections (1), (2), and (3) of section
8 468.548, Florida Statutes, are amended to read:
9 468.548 Requirements for licensure.--
10 (1) Any person desiring to be licensed as a water
11 treatment plant operator or a domestic wastewater treatment
12 plant operator must apply to the department to take the
13 licensure examination.
14 (2) The department shall license examine any applicant
15 who meets the criteria established by the department for
16 licensure, submits a completed application, and remits the
17 required fee.
18 (3) The department shall license as an operator any
19 applicant who has passed the examination approved and
20 certified by the department under this section.
21 Section 35. Section 468.607, Florida Statutes, is
22 amended to read:
23 468.607 Certification of building code administration
24 and inspection personnel.--The department board shall issue a
25 certificate to any individual whom the board certifies
26 determines to be qualified, within such class and level as
27 provided in this part and with such limitations as the board
28 may place upon it. No person may be employed by a state
29 agency or local governmental authority to perform the duties
30 of a building code administrator, plans examiner, or inspector
31 after October 1, 1993, without possessing the proper valid
63
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 certificate issued in accordance with the provisions of this
2 part.
3 Section 36. Section 468.609, Florida Statutes, is
4 amended to read:
5 468.609 Administration of this part; standards for
6 certification; additional categories of certification.--
7 (1) Except as provided in this part, any person who
8 desires to be certified shall apply to the board, in writing
9 upon forms approved and furnished by the board, to take the
10 certification examination.
11 (2) A person shall be entitled to take the examination
12 for certification as an inspector or plans examiner pursuant
13 to this part if the person:
14 (a) Is at least 18 years of age;
15 (b) Is of good moral character; and
16 (c) Meets eligibility requirements according to one of
17 the following criteria:
18 1. Demonstrates 5 years' combined experience in the
19 field of construction, or inspection, or plans review
20 corresponding to the certification category sought; or
21 2. Demonstrates a combination of postsecondary
22 education in a related field and experience which totals 4
23 years, with at least 1 year of such total being experience in
24 construction, or building inspection, or plans review.; or
25 (3) A person shall be entitled to take the examination
26 for certification as a building code administrator pursuant to
27 this part if the person:
28 (a) Is at least 18 years of age;
29 (b) Is of good moral character; and
30 (c) Meets eligibility requirements according to one of
31 the following criteria:
64
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 1.3. For certification as a building code
2 administrator or building official, Demonstrates 10 years'
3 combined experience as an architect, engineer, building
4 inspector, registered or certified contractor, or construction
5 superintendent, with at least 5 years of such experience in
6 supervisory positions; or.
7 2. Demonstrates a combination of postsecondary
8 education in a related field, no more than 5 years of which
9 may be applied, and experience as an architect, engineer,
10 building inspector, registered or certified contractor, or
11 construction superintendent which totals 10 years, with at
12 least 5 years of such total being experience in supervisory
13 positions.
14 (4)(3) No person may engage in the duties of a
15 building code administrator, plans examiner, or inspector
16 pursuant to this part after October 1, 1993, unless such
17 person possesses one of the following types of certificates,
18 currently valid, issued by the department board attesting to
19 the person's qualifications to hold such position:
20 (a) A standard certificate.
21 (b) A limited certificate.
22 (c) A provisional certificate.
23 (5)(4)(a) To obtain a standard certificate, an
24 individual must pass an examination approved by the board
25 which demonstrates that the applicant has fundamental
26 knowledge of the state laws and codes relating to the
27 construction of buildings for which the applicant has code
28 administration or inspection responsibilities. It is the
29 intent of the Legislature that the examination approved for
30 certification pursuant to this part be substantially
31 equivalent to the examinations administered by the Southern
65
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Building Code Congress International, the Building Officials
2 Association of Florida, the South Florida Building Code (Dade
3 and Broward), and the Council of American Building Officials.
4 (b) A standard certificate shall be issued to each
5 applicant who successfully completes the examination, which
6 certificate authorizes the individual named thereon to
7 practice throughout the state as a building code
8 administrator, plans examiner, or inspector within such class
9 and level as is specified by the board.
10 (c) The board may accept proof that the applicant has
11 passed an examination which is substantially equivalent to the
12 board-approved examination set forth in this section.
13 (6)(5)(a) A building code administrator, plans
14 examiner, or inspector holding office on July 1, 1993, shall
15 not be required to possess a standard certificate as a
16 condition of tenure or continued employment, but shall be
17 required to obtain a limited certificate as described in this
18 subsection.
19 (b) By October 1, 1993, individuals who were employed
20 on July 1, 1993, as building code administrators, plans
21 examiners, or inspectors, who are not eligible for a standard
22 certificate, but who wish to continue in such employment,
23 shall submit to the board the appropriate application and
24 certification fees and shall receive a limited certificate
25 qualifying them to engage in building code administration,
26 plans examination, or inspection in the class, at the
27 performance level, and within the governmental jurisdiction in
28 which such person is employed.
29 (c) The limited certificate shall be valid only as an
30 authorization for the building code administrator, plans
31 examiner, or inspector to continue in the position held, and
66
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 to continue performing all functions assigned to that
2 position, on July 1, 1993.
3 (d) A building code administrator, plans examiner, or
4 inspector holding a limited certificate can be promoted to a
5 position requiring a higher level certificate only upon
6 issuance of a standard certificate or provisional certificate
7 appropriate for such new position.
8 (7)(6)(a) The board may provide for the issuance of
9 provisional or temporary certificates valid for such period,
10 not less than 1 year nor more than 3 years, as specified by
11 board rule, to any building code administrator, plans
12 examiner, or inspector newly employed or newly promoted who
13 lacks the qualifications prescribed by the board or by statute
14 as prerequisite to issuance of a standard certificate.
15 (b) No building code administrator, plans examiner, or
16 inspector may have a provisional or temporary certificate
17 extended beyond the specified period by renewal or otherwise.
18 (c) The board may provide for appropriate levels of
19 provisional or temporary certificates and may issue these
20 certificates with such special conditions or requirements
21 relating to the place of employment of the person holding the
22 certificate, the supervision of such person on a consulting or
23 advisory basis, or other matters as the board may deem
24 necessary to protect the public safety and health.
25 (8)(7)(a) Any individual who holds a valid certificate
26 under the provisions of s. 553.795, or who has successfully
27 completed all requirements for certification pursuant to such
28 section, shall be deemed to have satisfied the requirements
29 for receiving a standard certificate prescribed by this part.
30 (b) Any individual who holds a valid certificate
31 issued by the Southern Building Code Congress International,
67
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the Building Officials Association of Florida, the South
2 Florida Building Code (Dade and Broward), or the Council of
3 American Building Officials certification programs, or who has
4 been approved for certification under one of those programs
5 not later than October 1, 1995, shall be deemed to have
6 satisfied the requirements for receiving a standard
7 certificate in the corresponding category prescribed by this
8 part. Employees of counties with a population of less than
9 50,000, or employees of municipalities with a population of
10 less than 3,500, shall be deemed to have satisfied the
11 requirements for standard certification where such employee is
12 approved for certification under one of the programs set forth
13 in this paragraph not later than October 1, 1998.
14 (9)(8) Any individual applying to the board may be
15 issued a certificate valid for multiple inspection classes, as
16 deemed appropriate by the board.
17 (10)(9) Certification and training classes may be
18 developed in coordination with degree career education
19 centers, community colleges, the State University System, or
20 other entities offering certification and training classes.
21 (11)(10) The board may by rule create categories of
22 certification in addition to those defined in s. 468.603(6)
23 and (7). Such certification categories shall not be mandatory
24 and shall not act to diminish the scope of any certificate
25 created by statute.
26 Section 37. Effective upon this act becoming a law,
27 subsection (2) of section 468.617, Florida Statutes, 1996
28 Supplement, is amended to read:
29 468.617 Joint inspection department; other
30 arrangements.--
31
68
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) Nothing in this part shall prohibit local
2 governments from employing or authorizing persons certified
3 pursuant to or exempt from this part to perform inspections on
4 a contract basis.
5 Section 38. Subsection (1) of section 468.621, Florida
6 Statutes, is amended to read:
7 468.621 Prohibited acts; disciplinary proceedings.--
8 (1) The following acts are prohibited by this part and
9 constitute grounds for which the disciplinary actions in
10 subsection (2) may be taken:
11 (a) Violating or failing to comply with any provision
12 of this part, or a valid rule or lawful order of the board or
13 department pursuant thereto.
14 (b) Obtaining certification through fraud, deceit, or
15 perjury.
16 (c) Knowingly assisting any person practicing contrary
17 to the provisions of:
18 1. This part; or
19 2. The building code adopted by any the enforcement
20 authority of that person within the state; or
21 3. Chapter 455 or chapter 489.
22 (d) Having been convicted of a felony against this
23 state or the United States, or of a felony in another state
24 that would have been a felony had it been committed in this
25 state.
26 (e) Having been convicted of a crime in any
27 jurisdiction which directly relates to the practice of
28 building code administration or inspection.
29 (f) Making or filing a report or record which the
30 certificateholder knows to be false, or knowingly inducing
31 another to file a false report or record, or knowingly failing
69
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 to file a report or record required by state or local law, or
2 knowingly impeding or obstructing such filing, or knowingly
3 inducing another person to impede or obstruct such filing.
4 (g) Committing willful misconduct, gross negligence,
5 gross misconduct, repeated negligence, or negligence resulting
6 in a significant danger to life or property by failure to
7 properly enforce applicable building codes.
8 Section 39. Subsection (1) of section 468.629, Florida
9 Statutes, is amended to read:
10 468.629 Prohibitions; penalties.--
11 (1) No person may:
12 (a) Falsely hold himself or herself out as a
13 certificateholder.
14 (b) Falsely impersonate a certificateholder.
15 (c) Present as his or her own the certificate of
16 another.
17 (d) Give false or forged evidence to the board or the
18 department, or a member, an employee, or an officer thereof,
19 for the purpose of obtaining a certificate.
20 (e) Use or attempt to use a certificate which has been
21 suspended or revoked.
22 (f) Threaten, coerce, trick, persuade, or otherwise
23 influence, or attempt to threaten, coerce, trick, persuade, or
24 otherwise influence, any certificateholder, through the
25 certificateholder's action or inaction, to commit, allow, or
26 assist in the commission of the violation of to violate any
27 provision of this part, chapter 455, or chapter 489, a local
28 building code or ordinance, or any other law of this state.
29 (g) Offer any compensation to a certificateholder in
30 order to induce a violation of this part, a local building
31 code or ordinance, or another law of this state.
70
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (h) Engage in the duties or act in the capacity of a
2 building code administrator, plans examiner, or inspector
3 without possessing valid, active certificate issued under this
4 part.
5 Section 40. Subsection (1) of section 469.001, Florida
6 Statutes, is amended, present subsections (20) and (22) are
7 renumbered as subsections (21) and (23), respectively, present
8 subsection (21) is renumbered as subsection (22) and amended,
9 and a new subsection (20) is added to said section, to read:
10 469.001 Definitions.--As used in this chapter:
11 (1) "Abatement" means the removal, encapsulation,
12 enclosure, repair, maintenance, or disposal of asbestos.
13 (20) "Project designer" means a person who works under
14 the direction of a licensed asbestos consultant and engages in
15 the design of project specifications for asbestos abatement
16 projects.
17 (22)(21) "Survey" means the process of inspecting a
18 facility for the presence of asbestos-containing materials and
19 to determine the location and condition of asbestos-containing
20 materials prior to transfer of property, renovation,
21 demolition, or maintenance projects which may disturb
22 asbestos-containing materials.
23 Section 41. Paragraph (e) of subsection (1) of section
24 469.002, Florida Statutes, is amended to read:
25 469.002 Exemptions.--
26 (1) This chapter does not apply to:
27 (e) An authorized employee of the United States, this
28 state, or any municipality, county, or other political
29 subdivision who has completed all training required by NESHAP
30 and OSHA or by AHERA for the activities described in this
31 paragraph, while engaged in asbestos-related activities set
71
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 forth in s. 255.5535 and asbestos-related activities involving
2 the demolition of a residential building owned by that
3 governmental unit, where such activities are within the scope
4 of that employment and the employee does not hold out for hire
5 or otherwise engage in asbestos abatement, contracting, or
6 consulting.
7 Section 42. Subsection (3) of section 469.004, Florida
8 Statutes, is amended to read:
9 469.004 License; asbestos consultant; asbestos
10 contractor; exceptions.--
11 (3) Licensure as an asbestos contractor or asbestos
12 consultant is not required for the moving, removal, or
13 disposal of asbestos-containing roofing material by a roofing
14 contractor certified or registered under part I of chapter
15 489, if all such activities are performed under the direction
16 of an onsite roofing supervisor trained as provided in s.
17 469.012.
18 Section 43. Section 469.005, Florida Statutes, is
19 amended to read:
20 469.005 License requirements.--All applicants for
21 licensure as either asbestos consultants or asbestos
22 contractors shall:
23 (1) Pay the initial licensing fee.
24 (2) When applying for licensure as an asbestos
25 consultant, successfully complete the following
26 department-approved courses, as approved by the department:
27 (a) An asbestos contractor/supervisor abatement
28 project management and supervision course. Such course shall
29 consist of not less than 5 4 days of instruction and shall
30 cover the nature of the health risks, the medical effects of
31 exposure, federal and state asbestos laws and regulations,
72
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 legal and insurance considerations, contract specifications,
2 sampling and analytical methodology, worker protection, and
3 work area protection.
4 (b) A course in building asbestos surveys and
5 mechanical systems course. Such course shall consist of not
6 less than 3 days of instruction.
7 (c) An A course in asbestos management planning
8 course. Such course shall consist of not less than 2 days of
9 instruction.
10 (d) A course in respiratory protection course. Such
11 course shall consist of not less than 3 days of instruction.
12 (e) A project designer course. Such course shall
13 consist of not less than 3 days of instruction.
14 (3) When applying for licensure as an asbestos
15 contractor, successfully complete the following
16 department-approved courses:
17 (a) An asbestos contractor/supervisor course. Such
18 course shall consist of not less than 5 days of instruction.
19 (b) A respiratory protection course. Such course
20 shall consist of not less than 3 days of instruction.
21 (4)(3) Provide evidence of satisfactory work on 10
22 asbestos projects within the last 5 years.
23 (5)(4) Provide evidence of financial stability.
24 (6)(5) Pass a department-approved examination of
25 qualifications and knowledge relating to asbestos.
26 Section 44. Paragraph (a) of subsection (5) of section
27 469.006, Florida Statutes, is amended to read:
28 469.006 Licensure of business organizations;
29 qualifying agents.--
30 (5)(a) Each asbestos consultant or contractor shall
31 affix the consultant's or contractor's signature seal, if any,
73
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 and license number to each construction document, plan, or any
2 other document prepared or approved for use by the licensee
3 which is related to any asbestos abatement project and filed
4 for public record with any governmental agency, and to any
5 offer, bid, or contract submitted to a client.
6 Section 45. Subsection (1) of section 469.013, Florida
7 Statutes, is amended to read:
8 469.013 Course requirements for asbestos surveyors,
9 management planners, and project monitors.--
10 (1) All asbestos surveyors, management planners, and
11 project monitors must comply with the requirements set forth
12 in this section prior to commencing such activities and must
13 also complete a 1-day course of continuing education each year
14 thereafter.
15 (a) Management planners must complete all requirements
16 of s. 469.005(2)(c) and (e).
17 (b) Asbestos surveyors must complete all requirements
18 of s. 469.005(2)(b).
19 (c) Project monitors must complete all requirements of
20 s. 469.005(2)(a) and must also complete an asbestos sampling
21 course which is equivalent to NIOSH Course 582.
22 Section 46. Section 469.015, Florida Statutes, is
23 repealed.
24 Section 47. Subsection (18) of section 470.002,
25 Florida Statutes, 1996 Supplement, is amended to read:
26 470.002 Definitions.--As used in this chapter:
27 (18) "Legally authorized person" means, in the
28 priority listed, the decedent, when written inter vivos
29 authorizations and directions are provided by the decedent,
30 the surviving spouse, son or daughter who is 18 years of age
31 or older, parent, brother or sister 18 years of age or over,
74
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 grandchild who is 18 years of age or older, or grandparent; or
2 any person in the next degree of kinship. In addition, the
3 term may include, if no family exists or is available, the
4 following: the guardian of the dead person at the time of
5 death; the personal representative of the deceased; the
6 attorney-in-fact of the dead person at the time of death; the
7 health surrogate of the dead person at the time of death; a
8 public health officer; the medical examiner, county commission
9 or administrator acting under chapter 245, or other public
10 administrator; a representative of a nursing home or other
11 health care institution in charge of final disposition; or a
12 friend or other person not listed in this subsection who is
13 willing to assume the responsibility as authorized person.
14 Section 48. Section 470.0085, Florida Statutes, is
15 amended to read:
16 470.0085 Establishment of embalmer apprentice
17 program.--The board may adopt rules establishing an embalmer
18 apprentice program. An embalmer apprentice may perform only
19 those tasks, functions, and duties relating to embalming which
20 are performed under the direct supervision of a licensed
21 embalmer. An embalmer apprentice shall be eligible to serve in
22 an apprentice capacity for a period not to exceed 1 year as
23 may be determined by board rule or for a period not to exceed
24 3 years if the apprentice is attending and enrolled in a
25 course in mortuary science or funeral service education at any
26 mortuary college or funeral service education college or
27 school. An embalmer apprentice shall be registered with the
28 board upon payment of a registration fee not to exceed $50.
29 Section 49. Section 470.009, Florida Statutes, is
30 amended to read:
31
75
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 470.009 Licensure as a funeral director by
2 examination; provisional license.--
3 (1) Any person desiring to be licensed as a funeral
4 director shall apply to the department to take the licensure
5 examination. The department shall examine each applicant who
6 has remitted an examination fee set by the board not to exceed
7 $200 plus the actual per applicant cost to the department for
8 portions of the examination and who the board certifies has:
9 (a) Completed the application form and remitted a
10 nonrefundable application fee set by the board not to exceed
11 $50.
12 (b) Submitted proof satisfactory to the board that the
13 applicant is at least 18 years of age and is a recipient of a
14 high school degree or equivalent.
15 (c) Had no conviction or finding of guilt, regardless
16 of adjudication, for a crime which directly relates to the
17 ability to practice funeral directing or the practice of
18 funeral directing.
19 (d)1. Received an associate in arts degree, associate
20 in science degree, or an associate in applied science degree
21 in mortuary science approved by the board; or
22 2. Holds an associate degree or higher from a college
23 or university accredited by a regional association of colleges
24 and schools recognized by the United States Department of
25 Education and is a graduate of at least a 1-year course in
26 mortuary science approved by the board.
27 (e) Submitted proof of completion of a board-approved
28 course on communicable diseases.
29 (f) Has completed a 1-year internship under a licensed
30 funeral director.
31
76
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) The department shall license the applicant as a
2 funeral director if he the applicant:
3 (a) Passes an examination on the subjects of the
4 theory and practice of funeral directing, public health and
5 sanitation, and local, state, and federal laws and rules
6 relating to the disposition of dead human bodies; however, the
7 board by rule may adopt the use of a national examination,
8 such as the funeral service arts examination prepared by the
9 Conference of Funeral Service Examining Boards, in lieu of
10 part of this examination requirement.
11 (b) Completes a 1-year internship under a licensed
12 funeral director.
13 (3) Any applicant who has completed the required
14 1-year internship and has been approved for examination as a
15 funeral director may qualify for a provisional license to work
16 in a licensed funeral establishment, under the direct
17 supervision of a licensed funeral director for a limited
18 period of 6 months as provided by rule of the board. The fee
19 for provisional licensure shall be set by the board but may
20 not exceed $125. The fee required in this subsection shall be
21 nonrefundable and in addition to the fee required by
22 subsection (1). This provisional license may be renewed no
23 more than one time. An applicant may not be granted a license
24 until that applicant has completed a 1-year internship as
25 prescribed by rule of the board.
26 Section 50. Subsection (1) of section 470.015, Florida
27 Statutes, 1996 Supplement, is amended to read:
28 470.015 Renewal of funeral director and embalmer
29 licenses.--
30 (1) The department shall renew a funeral director or
31 embalmer license upon receipt of the renewal application and
77
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 fee set by the board not to exceed $250. The board may
2 prescribe by rule continuing education requirements of up to
3 12 classroom hours, in addition to a board-approved course on
4 communicable diseases that includes the course on human
5 immunodeficiency virus and acquired immune deficiency syndrome
6 required by s. 455.2226, for the renewal of a funeral director
7 or embalmer license. The board may provide for the waiver of
8 continuing education requirements in circumstances that would
9 justify the waiver, such as hardship, disability, or illness.
10 The continuing education requirement is not required after
11 July 1, 1996, for a licensee who is over the age of 75 years
12 if the licensee does not qualify as the sole person in charge
13 of an establishment or facility.
14 Section 51. Subsection (2) of section 470.018, Florida
15 Statutes, is amended to read:
16 470.018 Renewal of registration of direct disposer.--
17 (2) The department shall adopt rules establishing a
18 procedure for the biennial renewal of registrations. The
19 board shall prescribe by rule continuing education
20 requirements of up to 3 classroom hours, in addition to a
21 board-approved course on communicable diseases that includes
22 the course on human immunodeficiency virus and acquired immune
23 deficiency syndrome required by s. 455.2226, for the renewal
24 of a registration.
25 Section 52. Section 470.024, Florida Statutes, 1996
26 Supplement, is amended to read:
27 470.024 Funeral establishment; licensure.--
28 (1) A funeral establishment shall be a place at a
29 specific street address or location consisting of at least
30 1,250 contiguous interior square feet and must maintain or
31 make arrangements for either suitable capacity for the
78
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 refrigeration and storage of dead human bodies handled and
2 stored by the establishment or a preparation room equipped
3 with necessary ventilation and drainage and containing
4 necessary instruments for embalming dead human bodies.
5 (2) Each licensed funeral establishment may operate a
6 visitation chapel at a location within the county in which the
7 funeral establishment is located. A visitation chapel must be
8 a facility of not less than 500 square feet and not more than
9 700 square feet, which may be operated only when a licensed
10 funeral director is present at the facility. A visitation
11 chapel may be used only for visitation of a deceased human
12 body and may not be used for any other activity permitted by
13 this chapter.
14 (3)(2) No person may conduct, maintain, manage, or
15 operate a funeral establishment unless an establishment
16 operating license has been issued by the department for that
17 funeral establishment.
18 (4)(3) Application for a funeral establishment license
19 shall be made on forms furnished by the department, shall be
20 accompanied by a nonrefundable fee not to exceed $300 as set
21 by board rule, and shall include the name of the licensed
22 funeral director who is in charge of that establishment.
23 (5)(4) A funeral establishment license shall be
24 renewable biennially pursuant to procedures, and upon payment
25 of a nonrefundable fee not to exceed $300, as set by board
26 rule. The board may also establish by rule a delinquency fee
27 not to exceed $50.
28 (6)(5) The practice of embalming done at a funeral
29 establishment shall only be practiced by an embalmer licensed
30 under this chapter.
31
79
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (7)(6) Each licensed funeral establishment shall have
2 one full-time funeral director in charge and shall have a
3 licensed funeral director reasonably available to the public
4 during normal business hours for that establishment. The
5 full-time funeral director in charge must have an active
6 license and may not be the full-time funeral director in
7 charge of any other funeral establishment or of any other
8 direct disposal establishment.
9 (8)(7) The issuance of a license to operate a funeral
10 establishment to a person or entity who is not individually
11 licensed as a funeral director does not entitle the person to
12 practice funeral directing.
13 (9)(8) Each funeral establishment located at a
14 specific address shall be deemed to be a separate entity and
15 shall require separate licensing and compliance with the
16 requirements of this chapter. A No funeral establishment may
17 not shall be operated at the same location as any other
18 funeral establishment or direct disposal establishment unless
19 such establishments were licensed as colocated establishments
20 on July 1, 1997 colocated on January 1, 1993. Each
21 establishment that was licensed as a colocated establishment
22 on July 1, 1997, may continue to renew its license in the same
23 manner as other licenses are renewed, but such license renewal
24 is restricted to the facilities of the establishment as they
25 existed on July 1, 1997. No other licensing of colocated
26 establishments is permitted.
27 (10)(9) Every funeral establishment licensed under
28 this chapter shall at all times be subject to the inspection
29 of all its buildings, grounds, and vehicles used in the
30 conduct of its business, by the department or any of its
31 designated representatives or agents, or local or Department
80
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 of Health and Rehabilitative Services inspectors. The board
2 shall by rule establish requirements for inspection of funeral
3 establishments.
4 (11)(10) The board shall set by rule an annual
5 inspection fee not to exceed $100, payable upon application
6 for licensure and upon each renewal of such license.
7 (12)(11) A change in ownership of a funeral
8 establishment shall be promptly reported to the department and
9 shall may require the relicensure of the funeral
10 establishment, including reinspection and payment of
11 applicable fees.
12 (13)(12) Each application for a funeral establishment
13 license shall identify every person with the ability to direct
14 the management or policies of the establishment and must
15 identify every person having more than a 10-percent ownership
16 interest in the establishment or the business or corporation
17 which owns the establishment. The board may deny, suspend, or
18 revoke the license if any person identified in the application
19 has ever been disciplined by a regulatory agency in any
20 jurisdiction for any offense that would constitute a violation
21 of this chapter. The board may deny, suspend, or revoke the
22 license if any person identified in the application has ever
23 been convicted or found guilty of, or entered a plea of nolo
24 contendere to, regardless of adjudication, a crime in any
25 jurisdiction that directly relates to the ability to operate a
26 funeral establishment.
27 (14)(13) Each funeral establishment must display at
28 the public entrance the name of the establishment and the name
29 of the full-time funeral director in charge. A funeral
30 establishment must transact its business under the name by
31 which it is licensed.
81
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 53. Subsection (1) of section 470.029, Florida
2 Statutes, is amended to read:
3 470.029 Reports of cases embalmed and bodies
4 handled.--
5 (1) Each funeral establishment, direct disposal
6 establishment, cinerator facility, and centralized embalming
7 facility shall report on a form prescribed and furnished by
8 the department the name of the deceased and such other
9 information as may be required with respect to each dead human
10 body embalmed or otherwise handled by the establishment or
11 facility. Such forms shall be signed by the embalmer who
12 performs the embalming, if the body is embalmed, and the
13 funeral director in charge of the establishment or facility or
14 by the direct disposer who disposes of the body. The board
15 shall prescribe by rule the procedures in submitting such
16 documentation. Reports required by this subsection shall be
17 filed by the 10th day of each month for final dispositions
18 handled the preceding month.
19 Section 54. Paragraphs (f) and (g) are added to
20 subsection (2) of section 470.0301, Florida Statutes, 1996
21 Supplement, to read:
22 470.0301 Removal services; refrigeration facilities;
23 centralized embalming facilities.--In order to ensure that the
24 removal, refrigeration, and embalming of all dead human bodies
25 is conducted in a manner that properly protects the public's
26 health and safety, the board shall adopt rules to provide for
27 the registration of removal services, refrigeration
28 facilities, and centralized embalming facilities operated
29 independently of funeral establishments, direct disposal
30 establishments, and cinerator facilities.
31
82
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) CENTRALIZED EMBALMING FACILITIES.--In order to
2 ensure that all funeral establishments have access to
3 embalming facilities that comply with all applicable health
4 and safety requirements, the board shall adopt rules to
5 provide for the registration of centralized embalming
6 facilities and shall require, at a minimum, the following:
7 (f) Application for registration of a centralized
8 embalming facility shall be made on forms furnished by the
9 department and shall be accompanied by a nonrefundable fee not
10 to exceed $300 as set by board rule, and registration shall be
11 renewed biennially pursuant to procedures and upon payment of
12 a nonrefundable fee not to exceed $300 as set by board rule.
13 The board may also establish by rule a late fee not to exceed
14 $50. Any registration not renewed within 30 days after the
15 renewal date shall expire without further action by the
16 department.
17 (g) The board shall set by rule an annual inspection
18 fee not to exceed $100, payable upon application for
19 registration and upon renewal of such registration.
20 Section 55. Section 470.0315, Florida Statutes, is
21 created to read:
22 470.0315 Storage, preservation, and transportation of
23 human remains.--
24 (1) No person may store or maintain human remains at
25 any establishment or facility, except an establishment or
26 facility licensed or registered under this chapter or a health
27 care facility, medical examiner's facility, morgue, or
28 cemetery holding facility.
29 (2) No dead human body may be held in any place or in
30 transit over 24 hours after death or pending final disposition
31 unless the body is maintained under refrigeration at a
83
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 temperature of 40 degrees Fahrenheit or below or is embalmed
2 or otherwise preserved in a manner approved by the board in
3 accordance with the provisions of this chapter.
4 (3) A dead human body transported by common carrier or
5 any agency or individual authorized to carry human bodies must
6 be placed in a carrying container adequate to prevent the
7 seepage of fluids and escape of offensive odors. A dead human
8 body shall be transported only when accompanied by a properly
9 completed burial-transit permit issued in accordance with the
10 provisions of chapter 382.
11 (4) The board shall establish by rule the minimal
12 standards of acceptable and prevailing practices for the
13 handling of dead human bodies, provided that all human remains
14 transported or stored must be completely covered and at all
15 times treated with dignity and respect.
16 (5) A person who violates any provision of this
17 section commits a misdemeanor of the first degree, punishable
18 as provided in s. 775.082 or s. 775.083.
19 Section 56. Section 470.0355, Florida Statutes, is
20 created to read:
21 470.0355 Identification of human remains.--
22 (1) The licensee or registrant in charge of the final
23 disposition of dead human remains shall, prior to final
24 disposition of such dead human remains, affix on the ankle or
25 wrist of the deceased, or in the casket or alternative
26 container or cremation container, proper identification of the
27 dead human remains. The identification or tag shall be
28 encased in or consist of durable and long-lasting material
29 containing the name, date of birth, date of death, and social
30 security number of the deceased, if available. If the dead
31
84
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 human remains are cremated, proper identification shall be
2 placed in the container or urn containing the remains.
3 (2) Any licensee or registrant responsible for removal
4 of dead human remains to any establishment, facility, or
5 location shall ensure that the remains are identified by a tag
6 or other means of identification that is affixed to the ankle
7 or wrist of the deceased at the time the remains are removed
8 from the place of death or other location.
9 (3) Any licensee or registrant may rely on the
10 representation of a legally authorized person to establish the
11 identity of dead human remains.
12 Section 57. Section 471.024, Florida Statutes, is
13 created to read:
14 471.024 Engineers performing building code inspector
15 duties.--A person currently licensed to practice as an
16 engineer under this chapter may provide building inspection
17 services described in s. 468.603(6) and (7) to a local
18 government or state agency upon its request, without being
19 certified by the Board of Building Code Administrators and
20 Inspectors under part XIII of chapter 468. When performing
21 these building inspection services, the engineer is subject to
22 the disciplinary guidelines of this chapter and s.
23 468.621(1)(c)-(g). The complaint processing, investigation,
24 and discipline shall be conducted by the board rather than the
25 Board of Building Code Administrators and Inspectors. An
26 engineer may not perform plans review, as set forth in s.
27 468.603(2), as an employee of a local government on any job
28 that the engineer or the engineer's company designed.
29 Section 58. Paragraphs (c), (d), (e), (g), and (m) of
30 subsection (1) of section 470.036, Florida Statutes, and
31 subsection (2) of said section are amended to read:
85
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 470.036 Disciplinary proceedings.--
2 (1) The following acts constitute grounds for which
3 the disciplinary actions in subsection (2) may be taken:
4 (c) Having a license or registration to practice
5 funeral directing or embalming, apprentice embalming, or to
6 operate a cinerator facility, funeral establishment, removal
7 service, centralized embalming facility, or refrigeration
8 service, revoked, suspended, or otherwise acted against,
9 including the denial of licensure or registration, by the
10 licensing or registering authority of another jurisdiction.
11 (d) Being convicted or found guilty of, or entering a
12 plea of nolo contendere to, regardless of adjudication, a
13 crime in any jurisdiction which directly relates to the
14 practice of embalming or funeral directing, apprentice
15 embalming, or operation of a cinerator facility, funeral
16 establishment, removal service, centralized embalming
17 facility, or refrigeration service, or the ability to practice
18 embalming or funeral directing, apprentice embalming, or
19 operate a cinerator facility, funeral establishment, removal
20 service, centralized embalming facility, or refrigeration
21 service.
22 (e) Making or filing a report or record which the
23 licensee knows to be false, intentionally or negligently
24 failing to file a report or record required by state, local,
25 or federal law, willfully impeding or obstructing such filing,
26 or inducing another person to impede or obstruct such filing.
27 Such reports or records shall include only those which are
28 signed in the capacity of a licensed funeral director,
29 embalmer, centralized embalming facility operator, or
30 cinerator facility operator.
31
86
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (g) Fraud, deceit, negligence, incompetency, or
2 misconduct, in the practice of funeral directing or embalming,
3 apprentice embalming, funeral establishment operation,
4 centralized embalming facility operation, cinerator facility
5 operation, removal service operation, or refrigeration service
6 operation.
7 (m) Making any false or misleading statement, oral or
8 written, directly or indirectly, regarding the sale of
9 services or merchandise in connection with funeral directing,
10 embalming, funeral establishment operation, cinerator facility
11 operation, removal service operation, centralized embalming
12 service, or refrigeration operation on a preneed or at-need
13 basis.
14 (2) When the board finds any licensed embalmer,
15 apprentice embalmer, embalmer intern, funeral director,
16 funeral director intern, funeral establishment, centralized
17 embalming facility, removal service, refrigeration service,
18 cinerator facility, or cinerator facility operator guilty of
19 any of the grounds set forth in subsection (1), it may enter
20 an order imposing one or more of the following penalties:
21 (a) Denial of an application for licensure.
22 (b) Permanent revocation or suspension of a license.
23 (c) Imposition of an administrative fine not to exceed
24 $5,000 for each count or separate offense.
25 (d) Issuance of a reprimand.
26 (e) Placement of the licensee on probation for a
27 period of time and subject to such conditions as the board may
28 specify, including requiring the licensee to attend continuing
29 education courses or to work under the supervision of another
30 licensee.
31 (f) Restriction of the authorized scope of practice.
87
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (g) Assessment of costs associated with investigation
2 and prosecution.
3 Section 59. Subsection (5) of section 473.306, Florida
4 Statutes, is amended, and subsection (6) is added to said
5 section, to read:
6 473.306 Examinations.--
7 (5) The board may adopt an alternative licensure
8 examination for persons who have been licensed to practice
9 public accountancy or its equivalent in a foreign country so
10 long as the International Qualifications Appraisal Board of
11 the National Association of State Boards of Accountancy has
12 ratified an agreement with that country for reciprocal
13 licensure Canadian chartered accountants who have completed
14 the Canadian chartered accountant licensure examination and
15 hold a chartered accountant license from a Canadian province.
16 (6) For the purposes of maintaining the proper
17 educational qualifications for licensure under this chapter,
18 the board may appoint an Educational Advisory Council, which
19 shall be composed of one member of the board, two persons in
20 public practice who are licensed under this chapter, and four
21 academicians on faculties of universities in this state.
22 Section 60. Section 473.3065, Florida Statutes, is
23 created to read:
24 473.3065 Certified Public Accountant Education
25 Minority Assistance Program; advisory council.--
26 (1) The Certified Public Accountant Education Minority
27 Assistance Program for Florida residents is hereby established
28 in the division for the purpose of providing scholarships to
29 minority persons, as defined in s. 288.703(3), who are
30 students enrolled in their fifth year of an accounting
31 education program at institutions in this state approved by
88
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the board by rule. A Certified Public Accountant Education
2 Minority Assistance Advisory Council shall assist the board in
3 administering the program.
4 (2) All moneys used to provide scholarships under the
5 program shall be funded by a portion of existing license fees,
6 as set by the board, not to exceed $10 per license. Such
7 moneys shall be deposited into the Professional Regulation
8 Trust Fund in a separate account maintained for that purpose.
9 The department is authorized to spend up to $100,000 per year
10 for the program from this program account, but may not
11 allocate overhead charges to it. Moneys for scholarships
12 shall be disbursed annually upon recommendation of the
13 advisory council and approval by the board, based on the
14 adopted eligibility criteria and comparative evaluation of all
15 applicants. Funds in the program account may be invested by
16 the Treasurer under the same limitations as apply to
17 investment of other state funds, and all interest earned
18 thereon shall be credited to the program account.
19 (3) The board shall adopt rules as necessary for
20 administration of the program, including rules relating to the
21 following:
22 (a) Eligibility criteria for receipt of a scholarship,
23 which, at a minimum, shall include the following factors:
24 1. Financial need.
25 2. Ethnic, gender, or racial minority status pursuant
26 to s. 288.703(3).
27 3. Scholastic ability and performance.
28 (b) Scholarship application procedures.
29 (c) Amounts in which scholarships may be provided, the
30 total amount that may be provided, the timeframe for payments
31
89
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 or partial payments, and criteria for how scholarship funds
2 may be expended.
3 (d) The total amount of scholarships that can be made
4 each year.
5 (e) The minimum balance that must be maintained in the
6 program account.
7 (4) Determinations made by the board regarding
8 recipients of scholarship moneys shall not be considered
9 agency action for purposes of chapter 120.
10 (5) It is unlawful for any person or agent of such
11 person to knowingly file with the board any notice, statement,
12 or other document which is false or which contains any
13 material misstatement of fact. A person who violates any
14 provision of this subsection commits a misdemeanor of the
15 second degree, punishable as provided in s. 775.082 or s.
16 775.083.
17 (6) There is hereby created the Certified Public
18 Accountant Education Minority Assistance Advisory Council to
19 assist the board in administering the program. The council
20 shall be diverse and representative of the gender, ethnic, and
21 racial categories set forth in s. 288.703(3).
22 (a) The council shall consist of five licensed
23 Florida-certified public accountants selected by the board, of
24 whom one shall be a board member who serves as chair of the
25 council, one shall be a representative of the National
26 Association of Black Accountants, one shall be a
27 representative of the Cuban American CPA Association, and two
28 shall be selected at large. At least one member of the
29 council must be a woman.
30 (b) The board shall determine the terms for initial
31 appointments and appointments thereafter.
90
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (c) Any vacancy on the council shall be filled in the
2 manner provided for the selection of the initial member. Any
3 member appointed to fill a vacancy of an unexpired term shall
4 be appointed for the remainder of that term.
5 (d) Three consecutive absences or absences
6 constituting 50 percent or more of the council's meetings
7 within any 12-month period shall cause the council membership
8 of the member in question to become void, and the position
9 shall be considered vacant.
10 (e) The members of the council shall serve without
11 compensation, and any necessary and actual expenses incurred
12 by a member while engaged in the business of the council shall
13 be borne by such member or by the organization or agency such
14 member represents. However, the council member who is a
15 member of the board shall be compensated in accordance with
16 the provisions of ss. 455.207(4) and 112.061.
17 Section 61. Subsection (4) of section 473.308, Florida
18 Statutes, is amended to read:
19 473.308 Licensure.--
20 (4) If application for licensure is made prior to
21 August 1, 2000, and the applicant has 5 years of experience in
22 the practice of public accountancy, either in the United
23 States or in the practice of public accountancy or its
24 equivalent in a foreign country that the International
25 Qualifications Appraisal Board of the National Association of
26 State Boards of Accountancy has determined has licensure
27 standards that are substantially equivalent to those in the
28 United States as a licensed chartered accountant in Canada,
29 the board shall waive the requirements of s. 473.306(2)(b)2.
30 that are in excess of a baccalaureate degree. All experience
31 that is used as a basis for waiving said requirements of s.
91
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 473.306(2)(b)2. must be experience outside this state.
2 Furthermore, said experience must be after licensure as a
3 certified public accountant by another state or territory of
4 the United States or after licensure in the practice of public
5 accountancy or its equivalent in a foreign country that the
6 International Qualifications Appraisal Board of the National
7 Association of State Boards of Accountancy has determined has
8 licensure standards that are substantially equivalent to those
9 in the United States. The board shall have the authority to
10 establish the standards for experience that meet this
11 requirement.
12 Section 62. Subsection (1) of section 473.309, Florida
13 Statutes, is amended to read:
14 473.309 Practice requirements for partnerships,
15 professional service corporations, and limited liability
16 companies.--
17 (1) A partnership shall not engage in the practice of
18 public accounting in this state unless:
19 (a) At least one general partner and each partner
20 domiciled in this state is a certified public accountant of
21 this state and holds an active license;
22 (b) Each partner is a certified public accountant in
23 some state; and
24 (c) The partnership is currently licensed as required
25 by s. 473.3101.
26 (d) It is a form of partnership recognized by Florida
27 law.
28 (e) It is in compliance with rules adopted by the
29 board pertaining to minimum capitalization and adequate public
30 liability insurance.
31
92
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 63. Subsection (4) is added to section
2 473.312, Florida Statutes, to read:
3 473.312 Continuing education.--As part of the license
4 renewal procedure, the board shall by rule require licensees
5 to submit proof satisfactory to the board that during the 2
6 years prior to application for renewal, they have successfully
7 completed not less than 48 or more than 80 classroom hours of
8 continuing professional education programs in public
9 accounting subjects approved by the board. The board may
10 prescribe by rule additional continuing professional education
11 hours, not to exceed 25 percent of the total hours required,
12 for failure to complete the hours required for renewal by the
13 end of the reestablishment period.
14 (4) For the purposes of maintaining proper continuing
15 education requirements for renewal of licensure under this
16 chapter, the board may appoint a Continuing Professional
17 Education Advisory Council, which shall be composed of one
18 member of the board, one academician on the faculty of a
19 university in this state, and six certified public
20 accountants.
21 Section 64. Section 474.203, Florida Statutes, is
22 amended to read:
23 474.203 Exemptions.--This chapter shall not apply to:
24 (1) Any faculty member practicing only in conjunction
25 with teaching duties at a school or college of veterinary
26 medicine. Such school or college shall be located in this
27 state and be accredited by the American Veterinary Medical
28 Association Council on Education. However, this exemption
29 shall only apply to such a faculty member who does not hold a
30 valid license issued under this chapter but who is a graduate
31 of a school or college of veterinary medicine accredited by
93
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the American Veterinary Medical Association Council on
2 Education or a school or college recognized by the American
3 Veterinary Medical Association Commission for Foreign
4 Veterinary Graduates. The faculty member exemption shall
5 automatically expire when such school or college terminates
6 the faculty member from such teaching duties. On July 1
7 December 31 of each year, such school or college shall provide
8 the board with a written list of all faculty who are exempt
9 from this chapter. Such school or college shall also notify
10 the board in writing of any additions or deletions to such
11 list.
12 (2) A person practicing as an intern or resident
13 veterinarian and who does not hold a valid license issued
14 under this chapter but who is a graduate in training at a
15 school or college of veterinary medicine located in this state
16 and accredited by the American Veterinary Medical Association
17 Council on Education. Such intern or resident must be a
18 graduate of a school or college of veterinary medicine
19 accredited by the American Veterinary Medical Association
20 Council on Education or a school or college recognized by the
21 American Veterinary Medical Association Commission for Foreign
22 Veterinary Graduates. This exemption shall expire when such
23 intern or resident completes or is terminated from such
24 training. Each school or college at which such intern or
25 resident is in training shall, on July 1 of each year, provide
26 the board with a written list of all such interns or residents
27 designated for this exemption, and the school or college shall
28 also notify the board of any additions to or deletions from
29 the list.
30 (3)(2) A student in a school or college of veterinary
31 medicine while in the performance of duties assigned by his
94
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 instructor or when working as a preceptor under the immediate
2 supervision of a licensee, provided that such preceptorship is
3 required for graduation from an accredited school or college
4 of veterinary medicine. The licensed veterinarian shall be
5 responsible for all acts performed by a preceptor under his
6 supervision.
7 (4)(3) Any doctor of veterinary medicine in the employ
8 of a state agency or the United States Government while
9 actually engaged in the performance of his official duties;
10 however, this exemption shall not apply to such person when he
11 is not engaged in carrying out his official duties or is not
12 working at the installations for which his services were
13 engaged.
14 (5)(4) Any person, or his regular employee,
15 administering to the ills or injuries of his own animals,
16 including, but not limited to, castration, spaying, and
17 dehorning of herd animals, unless title has been transferred
18 or employment provided for the purpose of circumventing this
19 law. This exemption shall not apply to out-of-state
20 veterinarians practicing temporarily in the state. However,
21 only a veterinarian may immunize or treat an animal for
22 diseases which are communicable to humans and which are of
23 public health significance.
24 (6)(5) State agencies, accredited schools,
25 institutions, foundations, business corporations or
26 associations, physicians licensed to practice medicine and
27 surgery in all its branches, graduate doctors of veterinary
28 medicine, or persons under the direct supervision thereof,
29 which or who conduct experiments and scientific research on
30 animals in the development of pharmaceuticals, biologicals,
31 serums, or methods of treatment, or techniques for the
95
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 diagnosis or treatment of human ailments, or when engaged in
2 the study and development of methods and techniques directly
3 or indirectly applicable to the problems of the practice of
4 veterinary medicine.
5 (7)(6) Any veterinary aide, nurse, laboratory
6 technician, preceptor, or other employee of a licensed
7 veterinarian who administers medication or who renders
8 auxiliary or supporting assistance under the responsible
9 supervision of a such licensed veterinarian practitioner,
10 including those tasks identified by rule of the board
11 requiring immediate supervision. However, the licensed
12 veterinarian shall be responsible for all such acts performed
13 under this subsection by persons under his supervision.
14 (8) A veterinarian, licensed by and actively
15 practicing veterinary medicine in another state, who is board
16 certified in a specialty recognized by the board and who
17 responds to a request of a veterinarian licensed in this state
18 to assist with the treatment on a specific case of a specific
19 animal or with the treatment on a specific case of the animals
20 of a single owner, as long as the veterinarian licensed in
21 this state requests the other veterinarian's presence. A
22 veterinarian who practices under this subsection is not
23 eligible to apply for a premises permit under s. 474.215.
24 (9) For the purposes of chapters 465 and 893, persons
25 exempt under subsection (1), subsection (2), or subsection (4)
26 shall be deemed to be duly licensed practitioners authorized
27 by the laws of this state to prescribe drugs or medicinal
28 supplies.
29 Section 65. Section 474.2065, Florida Statutes, is
30 amended to read:
31
96
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 474.2065 Fees.--The board, by rule, shall establish
2 fees for application and examination, reexamination, license
3 renewal, inactive status, renewal of inactive status, license
4 reactivation, periodic inspection of veterinary
5 establishments, and duplicate copies of licenses,
6 certificates, and permits. The fee for the initial application
7 and examination may not exceed $150, and the combined cost of
8 the application and examination may not exceed $650 plus the
9 actual per applicant cost to the department for purchase of
10 portions of the examination from the Professional Examination
11 Service for the American Veterinary Medical Association or a
12 similar national organization, if the examination is purchased
13 by the department. The fee for licensure by endorsement may
14 not exceed $500. The fee for temporary licensure may not
15 exceed $200. The board shall establish fees that are adequate
16 to ensure its continued operation and to fund the
17 proportionate expenses incurred by the department which are
18 allocated to the regulation of veterinarians. Fees shall be
19 based on departmental estimates of the revenue required to
20 administer this chapter and the provisions relating to the
21 regulation of veterinarians.
22 Section 66. Section 474.207, Florida Statutes, is
23 amended to read:
24 474.207 Licensure by examination.--
25 (1) Any person desiring to be licensed as a
26 veterinarian shall apply to the department to take a licensure
27 examination. The board may by rule adopt use of a national
28 examination in lieu of part or all of the examination required
29 by this section, with a reasonable passing score to be set by
30 rule of the board.
31
97
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) The department shall license each applicant who
2 the board certifies has:
3 (a) Completed the application form and remitted an
4 application examination fee set by the board.
5 (b)1. Graduated from a college of veterinary medicine
6 accredited by the American Veterinary Medical Association
7 Council on Education; or
8 2. Graduated from a college of veterinary medicine
9 listed in the American Veterinary Medical Association Roster
10 of Veterinary Colleges of the World and obtained a certificate
11 from the Education Commission for Foreign Veterinary
12 Graduates.
13 (c) Successfully completed the examination approved by
14 the board and certified provided by the department for this
15 purpose, or an examination determined by the board to be
16 equivalent.
17 (d) Demonstrated knowledge of the laws and rules
18 governing the practice of veterinary medicine in Florida in a
19 manner designated by rules of the board.
20
21 The department shall not issue a license to any applicant who
22 is under investigation in any state or territory of the United
23 States or in the District of Columbia for an act which would
24 constitute a violation of this chapter until the investigation
25 is complete and disciplinary proceedings have been terminated,
26 at which time the provisions of s. 474.214 shall apply.
27 (3) Notwithstanding the provisions of paragraph
28 (2)(b), an applicant shall be deemed to have met the education
29 requirements for licensure upon submission of evidence that
30 the applicant meets one of the following:
31
98
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) The applicant was certified for examination by the
2 board prior to October 1, 1989; or
3 (b) The applicant immigrated to the United States
4 after leaving his home country because of political reasons,
5 provided such country is located in the Western Hemisphere and
6 lacks diplomatic relations with the United States,; and:
7 (a)1. Was a Florida resident immediately preceding his
8 application for licensure;
9 (b)2. Demonstrates to the board, through submission of
10 documentation verified by his respective professional
11 association in exile, that he received a professional degree
12 in veterinary medicine from a college or university located in
13 the country from which he emigrated. However, the board may
14 not require receipt transcripts from the Republic of Cuba as a
15 condition of eligibility under this section; and
16 (c)3. Lawfully practiced his profession for at least 3
17 years.
18 (4) Applicants certified for examination or
19 reexamination under subsection (3) who fail or have failed the
20 examination three times subsequent to October 1, 1989, shall
21 be required to demonstrate to the board that they meet the
22 requirements of paragraph (2)(b) prior to any further
23 reexamination or certification for licensure.
24 (5) An unlicensed doctor of veterinary medicine who
25 has graduated from an approved college or school of veterinary
26 medicine and has completed all parts of the examination for
27 licensure is permitted, while awaiting the results of such
28 examination for licensure or while awaiting issuance of the
29 license, to practice under the immediate supervision of a
30 licensed veterinarian. A person who fails any part of the
31 examination may not continue to practice, except in the same
99
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 capacity as other nonlicensed veterinary employees, until he
2 passes the examination and is eligible for licensure.
3 Section 67. Subsection (3) of section 474.211, Florida
4 Statutes, is amended to read:
5 474.211 Renewal of license.--
6 (3) The board may by rule prescribe continuing
7 education, not to exceed 30 hours biennially, as a condition
8 for renewal of a license or certificate. The criteria for such
9 programs, providers, or courses shall be approved by the
10 board.
11 Section 68. Subsection (1) of section 474.2125,
12 Florida Statutes, is amended to read:
13 474.2125 Temporary license.--
14 (1) The board shall adopt rules providing for the
15 issuance of a temporary license to a licensed veterinarian of
16 another state for the purpose of enabling him to provide
17 veterinary medical services in this state for the animals of a
18 specific owner or, as may be needed in an emergency as defined
19 in s. 252.34(3)(2), for the animals of multiple owners,
20 provided the applicant would qualify for licensure by
21 endorsement under s. 474.217, except that the applicant is not
22 required to have demonstrated compliance with the requirements
23 of s. 474.217(1)(a) prior to issuance of the license. No
24 temporary license shall be valid for more than 30 days after
25 its issuance, and no license shall cover more than the
26 treatment of the animals of one owner except in an emergency
27 as defined in s. 252.34(3)(2). After the expiration of 30
28 days, a new license is required.
29 Section 69. Paragraph (c) of subsection (2) of section
30 474.214, Florida Statutes, is amended to read:
31 474.214 Disciplinary proceedings.--
100
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) When the board finds any applicant or veterinarian
2 guilty of any of the grounds set forth in subsection (1),
3 regardless of whether the violation occurred prior to
4 licensure, it may enter an order imposing one or more of the
5 following penalties:
6 (c) Imposition of an administrative fine not to exceed
7 $5,000 $1,000 for each count or separate offense.
8
9 In determining appropriate action, the board must first
10 consider those sanctions necessary to protect the public. Only
11 after those sanctions have been imposed may the disciplining
12 authority consider and include in its order requirements
13 designed to rehabilitate the veterinarian. All costs
14 associated with compliance with any order issued under this
15 subsection are the obligation of the veterinarian.
16 Section 70. Subsection (7) of section 474.215, Florida
17 Statutes, is amended, and subsections (8) and (9) are added to
18 said section, to read:
19 474.215 Premises permits; disciplinary actions.--
20 (7) The board by rule shall establish minimum
21 standards for the operation of limited service veterinary
22 medical practices. Such rules shall not restrict limited
23 service veterinary medical practices and shall be consistent
24 with the type of limited veterinary medical service provided.
25 (a) Any person that offers or provides limited service
26 veterinary medical practice shall obtain a biennial permit
27 from the board the cost of which shall not exceed $250. The
28 limited service permittee shall register each location where
29 limited service clinics are held and shall pay a fee set by
30 rule not to exceed $25 to register each such location.
31
101
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (b) All permits issued under this subsection are
2 subject to the provisions of ss. 474.213 and 474.214.
3 (c) Notwithstanding any provision of this subsection
4 to the contrary, any temporary rabies vaccination effort
5 operated by a county health department in response to a public
6 health threat, as declared by the State Health Officer in
7 consultation with the State Veterinarian, shall not be subject
8 to any preregistration, time limitation, or fee requirements,
9 but shall adhere to all other requirements for limited service
10 veterinary medical practice as prescribed by rule. The fee
11 charged to the public for a rabies vaccination administered
12 during such temporary rabies vaccination effort shall not
13 exceed the actual cost of administering the rabies vaccine.
14 Such rabies vaccination efforts may not be used for any
15 purpose other than to address the public health consequences
16 of the rabies outbreak. The board shall be immediately
17 notified in writing of any temporary rabies vaccination effort
18 operated under this paragraph.
19 (8) Any person who is not a veterinarian licensed
20 under this chapter but who desires to own and operate a
21 veterinary medical establishment shall apply to the board for
22 a premises permit. If the board certifies that the applicant
23 complies with the applicable laws and rules of the board, the
24 department shall issue a premises permit. No permit shall be
25 issued unless a licensed veterinarian is designated to
26 undertake the professional supervision of the veterinary
27 medical practice and the minimum standards set by rule of the
28 board for premises where veterinary medicine is practiced.
29 Upon application, the department shall submit for a statewide
30 criminal records correspondence check through the Department
31 of Law Enforcement. The permittee shall notify the board
102
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 within 10 days after any change of the licensed veterinarian
2 responsible for such duties. Any permittee under this
3 subsection is subject to the provisions of subsection (9) and
4 s. 474.214.
5 (9)(a) The department or the board may deny, revoke,
6 or suspend the permit of any permittee under this section and
7 may fine, place on probation, or otherwise discipline any
8 permittee under this section who has:
9 1. Obtained a permit by misrepresentation or fraud or
10 through an error of the department or board;
11 2. Attempted to procure, or has procured, a permit for
12 any other person by making, or causing to be made, any false
13 representation;
14 3. Violated any of the requirements of this chapter or
15 any rule of the board; or
16 4. Been convicted or found guilty of, or entered a
17 plea of nolo contendere to, a felony in any court of this
18 state, of any other state, or of the United States.
19 (b) If the permit is revoked or suspended, the owner,
20 manager, or proprietor shall cease to operate the premises as
21 a veterinary medical practice as of the effective date of the
22 suspension or revocation. In the event of such revocation or
23 suspension, the owner, manager, or proprietor shall remove
24 from the premises all signs and symbols identifying the
25 premises as a veterinary medical practice. The period of any
26 such suspension shall be prescribed by rule of the board, but
27 in no case shall it exceed 1 year. If the permit is revoked,
28 the person owning or operating the establishment shall not be
29 entitled to make application for a permit to operate a
30 premises for a period of 1 year from the date of such
31 revocation. Upon the effective date of such revocation, the
103
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 permittee shall advise the board of the disposition of any and
2 all medicinal drugs and shall make the provision for ensuring
3 the security, confidentiality, and availability to clients of
4 all patient medical records.
5 Section 71. Section 474.217, Florida Statutes, is
6 amended to read:
7 474.217 Licensure by endorsement.--
8 (1) The department shall issue a license by
9 endorsement to any applicant who, upon applying to the
10 department and remitting a fee set by the board, demonstrates
11 to the board that he:
12 (a) Has demonstrated, in a manner designated by rule
13 of the board, knowledge of the laws and rules governing the
14 practice of veterinary medicine in this state; and
15 (b)1. Either holds, and has held for the 3 years
16 immediately preceding the application for licensure, a valid,
17 active license to practice veterinary medicine in another
18 state of the United States, the District of Columbia, or a
19 territory of the United States, provided that the requirements
20 for licensure in the issuing state, district, or territory are
21 equivalent to or more stringent than the requirements of this
22 chapter; or
23 2. Meets the qualifications of s. 474.207(2)(b) and
24 has successfully completed a state, regional, national, or
25 other examination which is equivalent to or more stringent
26 than the examination approved by the board and certified given
27 by the department and has passed the board's clinical
28 competency examination or another clinical competency
29 examination specified by rule of the board.
30 (2) The department shall not issue a license by
31 endorsement to any applicant who is under investigation in any
104
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 state, territory, or the District of Columbia for an act which
2 would constitute a violation of this chapter until the
3 investigation is complete and disciplinary proceedings have
4 been terminated, at which time the provisions of s. 474.214
5 shall apply.
6 Section 72. Subsection (1) of section 475.125, Florida
7 Statutes, is amended to read:
8 475.125 Fees.--
9 (1) The commission by rule may establish fees to be
10 paid for application, examination, reexamination, licensing
11 and renewal, certification and recertification, reinstatement,
12 and recordmaking and recordkeeping. The fee for initial
13 application and examination may not exceed $50, and the
14 combined cost of the application and examination may not
15 exceed $100. The initial license fee and the license renewal
16 fee may not exceed $50 for each year of the duration of the
17 license. The commission may also establish by rule a late
18 renewal penalty. The commission shall establish fees which
19 are adequate to ensure its continued operation. Fees shall be
20 based on estimates made by the department of the revenue
21 required to implement this chapter and other provisions of law
22 relating to the regulation of real estate practitioners.
23 Section 73. Section 475.15, Florida Statutes, is
24 amended to read:
25 475.15 Registration and licensing of general partners,
26 members, officers, and directors of a firm.--Each partnership,
27 limited liability partnership, limited liability company, or
28 corporation which acts as a broker shall register with the
29 commission and shall renew the licenses or registrations of
30 its members, officers, and directors for each license period.
31 The registration of a partnership is canceled automatically
105
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 during any period of time that the license or registration of
2 any one or more of its partners is not in force. However, if
3 the partnership is a limited partnership, only the general
4 partners must be licensed brokers or brokerage corporations
5 registered pursuant to this part. If the license or
6 registration of any at least one active broker member is not
7 in force, the registration of a corporation, limited liability
8 company, limited liability partnership, or partnership is
9 canceled automatically during that period of time.
10 Section 74. Paragraphs (c) and (d) are added to
11 subsection (2) of section 475.17, Florida Statutes, to read:
12 475.17 Qualifications for practice.--
13 (2)
14 (c) A person who has been licensed as a real estate
15 salesperson in Florida during the preceding 5 years may not be
16 licensed as a real estate broker unless, in addition to the
17 other requirements of law, he or she has completed the
18 salesperson postlicensure educational requirements, if these
19 requirements have been prescribed by the commission pursuant
20 to paragraph (3)(a).
21 (d) The provisions of subsection (2)(b) do not apply
22 to a person employed as a real estate investigator by the
23 Division of Real Estate provided the person has been employed
24 as a real estate investigator for at least 24 months. The
25 person must be currently employed as a real estate
26 investigator to sit for the real estate broker's examination
27 and have held a valid and current salesperson's license for at
28 least 12 months.
29 Section 75. Subsection (1) of section 475.175, Florida
30 Statutes, is amended to read:
31 475.175 Examinations.--
106
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (1) A person applying to the department for licensure
2 by examination will receive an examination admissions card
3 issued by the commission upon the submission of shall be
4 entitled to take the license examination to practice in this
5 state if he:
6 (a) Submits to the department The appropriate
7 notarized application and fee, two photographs of himself
8 taken within the preceding year, and fingerprints for
9 processing through appropriate law enforcement agencies; and
10 (b) Submits at the time of examination The certificate
11 specified in subsection (2), the examination admissions card
12 issued by the commission, and proof of identification.
13 Section 76. Subsection (2) of section 475.183, Florida
14 Statutes, is amended to read:
15 475.183 Inactive status.--
16 (2) Any license which has been involuntarily inactive
17 for more than 2 4 years shall automatically expire. Once a
18 license expires, it becomes null and void without any further
19 action by the commission or department. Ninety days Two years
20 prior to expiration of the license, the department shall give
21 notice to the licensee. The commission shall prescribe by
22 rule a fee not to exceed $100 for the late renewal of an
23 involuntarily inactive license. The department shall collect
24 the current renewal fee for each renewal period in which the
25 license was involuntarily inactive in addition to any
26 applicable late renewal fee.
27 Section 77. Subsection (1) of section 475.25, Florida
28 Statutes, is amended to read:
29 475.25 Discipline.--
30 (1) The commission may deny an application for
31 licensure, registration, or permit, or renewal thereof; may
107
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 place a licensee, registrant, or permittee on probation; may
2 suspend a license, registration, or permit for a period not
3 exceeding 10 years; may revoke a license, registration, or
4 permit; may impose an administrative fine not to exceed $5,000
5 $1,000 for each count or separate offense; and may issue a
6 reprimand, and any or all of the foregoing, if it finds that
7 the licensee, registrant, permittee, or applicant:
8 (a) Has violated any provision of s. 455.227(1) or of
9 s. 475.42. However, licensees under this part are exempt from
10 the provisions of s. 455.227(1)(i).
11 (b) Has been guilty of fraud, misrepresentation,
12 concealment, false promises, false pretenses, dishonest
13 dealing by trick, scheme, or device, culpable negligence, or
14 breach of trust in any business transaction in this state or
15 any other state, nation, or territory; has violated a duty
16 imposed upon him by law or by the terms of a listing contract,
17 written, oral, express, or implied, in a real estate
18 transaction; has aided, assisted, or conspired with any other
19 person engaged in any such misconduct and in furtherance
20 thereof; or has formed an intent, design, or scheme to engage
21 in any such misconduct and committed an overt act in
22 furtherance of such intent, design, or scheme. It is
23 immaterial to the guilt of the licensee that the victim or
24 intended victim of the misconduct has sustained no damage or
25 loss; that the damage or loss has been settled and paid after
26 discovery of the misconduct; or that such victim or intended
27 victim was a customer or a person in confidential relation
28 with the licensee or was an identified member of the general
29 public.
30
31
108
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (c) Has advertised property or services in a manner
2 which is fraudulent, false, deceptive, or misleading in form
3 or content.
4 (d)1. Has failed to account or deliver to any person,
5 including a licensee under this chapter, at the time which has
6 been agreed upon or is required by law or, in the absence of a
7 fixed time, upon demand of the person entitled to such
8 accounting and delivery, any personal property such as money,
9 fund, deposit, check, draft, abstract of title, mortgage,
10 conveyance, lease, or other document or thing of value,
11 including a share of a real estate commission if a civil
12 judgment relating to the practice of the licensee's profession
13 has been obtained against the licensee and said judgment has
14 not been satisfied in accordance with the terms of the
15 judgment within a reasonable time, or any secret or illegal
16 profit, or any divisible share or portion thereof, which has
17 come into his hands and which is not his property or which he
18 is not in law or equity entitled to retain under the
19 circumstances. However, if the licensee, in good faith,
20 entertains doubt as to what person is entitled to the
21 accounting and delivery of the escrowed property, or if
22 conflicting demands have been made upon him for the escrowed
23 property, which property he still maintains in his escrow or
24 trust account, the licensee shall promptly notify the
25 commission of such doubts or conflicting demands and shall
26 promptly:
27 a. Request that the commission issue an escrow
28 disbursement order determining who is entitled to the escrowed
29 property;
30 b. With the consent of all parties, submit the matter
31 to arbitration;
109
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 c. By interpleader or otherwise, seek adjudication of
2 the matter by a court; or
3 d. With the written consent of all parties, submit the
4 matter to mediation. The department may conduct mediation or
5 may contract with public or private entities for mediation
6 services. However, the mediation process must be successfully
7 completed within 90 days following the last demand or the
8 licensee shall promptly employ one of the other escape
9 procedures contained in this section. Payment for mediation
10 will be as agreed to in writing by the parties. The
11 department may adopt rules to implement this section.
12
13 If the licensee promptly employs one of the escape procedures
14 contained herein, and if he abides by the order or judgment
15 resulting therefrom, no administrative complaint may be filed
16 against the licensee for failure to account for, deliver, or
17 maintain the escrowed property.
18 2. Has failed to deposit money in an escrow account
19 when the licensee is the purchaser of real estate under a
20 contract where the contract requires the purchaser to place
21 deposit money in an escrow account to be applied to the
22 purchase price if the sale is consummated.
23 (e) Has violated any of the provisions of this chapter
24 or any lawful order or rule made or issued under the
25 provisions of this chapter or chapter 455.
26 (f) Has been convicted or found guilty of, or entered
27 a plea of nolo contendere to, regardless of adjudication, a
28 crime in any jurisdiction which directly relates to the
29 activities of a licensed broker or salesperson, or involves
30 moral turpitude or fraudulent or dishonest dealing. The record
31 of a conviction certified or authenticated in such form as to
110
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 be admissible in evidence under the laws of the state shall be
2 admissible as prima facie evidence of such guilt.
3 (g) Has had a broker's or salesperson's license
4 revoked, suspended, or otherwise acted against, or has had an
5 application for such licensure denied, by the real estate
6 licensing agency of another state, territory, or country.
7 (h) Has shared a commission with, or paid a fee or
8 other compensation to, a person not properly licensed as a
9 broker, broker-salesperson, or salesperson under the laws of
10 this state, for the referral of real estate business, clients,
11 prospects, or customers, or for any one or more of the
12 services set forth in s. 475.01(1)(c). For the purposes of
13 this section, it is immaterial that the person to whom such
14 payment or compensation is given made the referral or
15 performed the service from within this state or elsewhere;
16 however, a licensed broker of this state may pay a referral
17 fee or share a real estate brokerage commission with a broker
18 licensed or registered under the laws of a foreign state so
19 long as the foreign broker does not violate any law of this
20 state.
21 (i) Has become temporarily incapacitated from acting
22 as a broker or salesperson with safety to investors or those
23 in a fiduciary relation with him because of drunkenness, use
24 of drugs, or temporary mental derangement; but suspension of a
25 license in such a case shall be only for the period of such
26 incapacity.
27 (j) Has rendered an opinion that the title to any
28 property sold is good or merchantable, except when correctly
29 based upon a current opinion of a licensed attorney at law, or
30 has failed to advise a prospective purchaser to consult his
31
111
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 attorney on the merchantability of the title or to obtain
2 title insurance.
3 (k) Has failed, if a broker, to immediately place,
4 upon receipt, any money, fund, deposit, check, or draft
5 entrusted to him by any person dealing with him as a broker in
6 escrow with a title company, banking institution, credit
7 union, or savings and loan association located and doing
8 business in this state, or to deposit such funds in a trust or
9 escrow account maintained by him with some bank, credit union,
10 or savings and loan association located and doing business in
11 this state, wherein the funds shall be kept until disbursement
12 thereof is properly authorized; or has failed, if a
13 salesperson, to immediately place with his registered employer
14 any money, fund, deposit, check, or draft entrusted to him by
15 any person dealing with him as agent of his registered
16 employer. The commission shall establish rules to provide for
17 records to be maintained by the broker and the manner in which
18 such deposits shall be made.
19 (l) Has made or filed a report or record which the
20 licensee knows to be false, has willfully failed to file a
21 report or record required by state or federal law, has
22 willfully impeded or obstructed such filing, or has induced
23 another person to impede or obstruct such filing; but such
24 reports or records shall include only those which are signed
25 in the capacity of a licensed broker or salesperson.
26 (m) Has obtained a license by means of fraud,
27 misrepresentation, or concealment.
28 (n) Is confined in any county jail, postadjudication;
29 is confined in any state or federal prison or mental
30 institution; is under home confinement ordered in lieu of
31 institutional confinement; or, through mental disease or
112
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 deterioration, can no longer safely be entrusted to
2 competently deal with the public.
3 (o) Has been found guilty, for a second time, of any
4 misconduct that warrants his suspension or has been found
5 guilty of a course of conduct or practices which show that he
6 is so incompetent, negligent, dishonest, or untruthful that
7 the money, property, transactions, and rights of investors, or
8 those with whom he may sustain a confidential relation, may
9 not safely be entrusted to him.
10 (p) Has failed to inform the commission in writing
11 within 30 days after pleading guilty or nolo contendere to, or
12 being convicted or found guilty of, any felony.
13 (q)1. Has failed in a single agency to give written
14 notice to all parties to a sale, exchange, purchase, or lease
15 of real property or any interest in real property, revealing
16 the party or parties for whom the licensee is an agent.
17 Disclosure to the party for whom the licensee is an agent must
18 be made at or before the time an agreement for representation
19 is entered into. Disclosure to the party for whom the licensee
20 is not an agent must be made at the time of the first
21 substantive contact.
22 2. Has failed in a dual agency to obtain the informed
23 written consent of all parties to a sale, exchange, purchase,
24 or lease of real property or any interest in real property
25 that the licensee intends to operate as a disclosed dual
26 agent. Unless all parties to the transaction grant their
27 written informed consent prior to or at the time of
28 formalization of the dual agency by the licensee, the licensee
29 shall be deemed to be an undisclosed dual agent. The licensee
30 must inform all parties that the licensee is acting as agent
31 for all parties and of the effect of dual agency, including,
113
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 but not limited to, the fact that, by consenting to the dual
2 agency relationship, the parties are giving up their rights to
3 the undivided loyalty of the licensee, as required by the
4 rules of the commission. When single agency exists, the
5 licensee may change to a disclosed dual agent by making full
6 written disclosure to and obtaining the informed written
7 consent of all the parties. A disclosed dual agent may not
8 disclose among other items:
9 a. To the buyer that the seller will accept a price
10 less than the asking or listed price, unless otherwise
11 instructed in writing by the seller;
12 b. To the seller that the buyer will pay a price
13 greater than the price submitted in a written offer to the
14 seller, unless otherwise instructed in writing by the buyer;
15 c. The motivation of any party for selling, buying, or
16 leasing a property, unless otherwise instructed in writing by
17 the respective party; or
18 d. That a seller or buyer will agree to financing
19 terms other than those offered.
20 3. Has failed in a transaction brokerage capacity to
21 give written notice to all parties to a sale, exchange,
22 purchase, or lease of real property or an interest in real
23 property prior to or at the time of the licensee becoming a
24 transaction broker or first substantive contact, whichever
25 occurs first, of the licensee's role as a transaction broker.
26 Unless the buyer and seller are given written notice prior to
27 the licensee's acting in a transaction brokerage capacity, the
28 licensee is deemed to be an agent of either the buyer or
29 seller, or both. The licensee shall treat the buyer and seller
30 honestly and fairly and shall disclose all known facts
31
114
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 materially affecting the value of the property in residential
2 transactions to both the buyer and seller.
3
4 For the purposes of this paragraph, the payment or promise of
5 payment of compensation to a licensee does not determine
6 whether an agency or transactional brokerage relationship has
7 been created between any licensee and a seller, landlord,
8 buyer, or tenant. The commission shall implement this
9 paragraph by rule. For purposes of this paragraph, the
10 commission shall also define by rule forms for agency
11 disclosure. The forms provided for in this rule shall be
12 written in plain language and shall provide to the buyer or
13 seller or both, as appropriate, an explanation of the agency
14 relationships and shall offer the buyer or seller or both the
15 explicit right to choose or refuse among these agency
16 relationships.
17 (r) Has failed in any written listing agreement to
18 include a definite expiration date, description of the
19 property, price and terms, fee or commission, and a proper
20 signature of the principal(s); and has failed to give the
21 principal(s) a legible, signed, true and correct copy of the
22 listing agreement within 24 hours of obtaining the written
23 listing agreement. The written listing agreement shall
24 contain no provision requiring the person signing the listing
25 to notify the broker of the intention to cancel the listing
26 after such definite expiration date.
27 (s) Has had a registration suspended, revoked, or
28 otherwise acted against in any jurisdiction. The record of the
29 disciplinary action certified or authenticated in such form as
30 to be admissible in evidence under the laws of the state shall
31
115
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 be admissible as prima facie evidence of such disciplinary
2 action.
3 (t) Has violated any standard for the development or
4 communication of a real estate appraisal or other provision of
5 the Uniform Standards of Professional Appraisal Practice, as
6 defined in s. 475.611, as approved and adopted by the
7 Appraisal Standards Board of the Appraisal Foundation, as
8 defined in s. 475.611. This paragraph does not apply to a real
9 estate broker or salesperson who, in the ordinary course of
10 business, performs a comparative market analysis.
11 Section 78. For the purpose of incorporating the
12 amendment to section 475.25, Florida Statutes, in references
13 thereto, the sections or subdivisions of Florida Statutes set
14 forth below are reenacted to read:
15 475.180 Nonresident licenses.--
16 (2)
17 (b) Any resident licensee who becomes a nonresident
18 shall, within 60 days, notify the commission of the change in
19 residency and comply with nonresident requirements. Failure to
20 notify and comply is a violation of the license law, subject
21 to the penalties in s. 475.25.
22 475.181 Licensure.--
23 (2) The commission shall certify for licensure any
24 applicant who satisfies the requirements of ss. 475.17,
25 475.175, and 475.180. The commission may refuse to certify any
26 applicant who has violated any of the provisions of s. 475.42
27 or who is subject to discipline under s. 475.25. The
28 application shall expire 1 year from the date received if the
29 applicant fails to take the appropriate examination.
30
31
116
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 475.22 Broker to maintain office and sign at entrance
2 of office; registered office outside state; broker required to
3 cooperate in investigation.--
4 (2) If a broker's registered office is located outside
5 the State of Florida, prior to registering such office or
6 branch office, the broker shall agree in writing to cooperate
7 and shall cooperate with any investigation initiated in
8 accordance with this chapter or commission rules including,
9 but not limited to, the broker promptly supplying any
10 documents requested by any authorized representative of the
11 department and by personally appearing at any designated
12 office of the department or other location in the state or
13 elsewhere as reasonably requested by the department. If the
14 department sends, by certified mail to the broker at his last
15 known business address as registered with the department, a
16 notice or request to produce any documents or to appear for an
17 interview with an authorized representative of the department
18 and the broker fails to substantially comply with that request
19 or notice, then such failure by the broker is a violation of
20 the license law, subject to the penalties of s. 475.25.
21 475.422 Disclosure.--
22 (2) Failure to comply with this section may subject
23 the licensee to disciplinary action pursuant to s. 475.25.
24 475.482 Real Estate Recovery Fund.--There is created
25 the Florida Real Estate Recovery Fund as a separate account in
26 the Professional Regulation Trust Fund.
27 (1) The Florida Real Estate Recovery Fund shall be
28 disbursed as provided in s. 475.484, on order of the
29 commission, as reimbursement to any person, partnership, or
30 corporation adjudged by a court of competent civil
31 jurisdiction in this state to have suffered monetary damages
117
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 by reason of any act committed, as a part of any real estate
2 brokerage transaction involving real property in this state,
3 by any broker or salesperson who:
4 (a) Was, at the time the alleged act was committed,
5 the holder of a current, valid, active real estate license
6 issued under this part;
7 (b) Was neither the seller, buyer, landlord, or tenant
8 in the transaction nor an officer or a director of a
9 corporation or a member of a partnership which was the seller,
10 buyer, landlord, or tenant in the transaction; and
11 (c) Was acting solely in the capacity of a real estate
12 licensee in the transaction;
13
14 provided the act was a violation proscribed in s. 475.25 or s.
15 475.42.
16 Section 79. Subsection (2) of section 475.278, Florida
17 Statutes, as created by Committee Substitute for Senate Bill
18 82, 1997 Regular Session, is amended to read:
19 475.278 Authorized brokerage relationships; required
20 disclosures.--
21 (2) TRANSACTION BROKER RELATIONSHIP.--
22 (a) Transaction broker - duties of limited
23 representation.--A transaction broker provides a limited form
24 of representation to a buyer, a seller, or both in a real
25 estate transaction but does not represent either in a
26 fiduciary capacity or as a single agent. The duties of the
27 real estate licensee in this limited form of representation
28 include the following:
29 1. Dealing honestly and fairly;
30 2. Accounting for all funds;
31
118
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 3. Using skill, care, and diligence in the
2 transaction;
3 4. Disclosing all known facts that materially affect
4 the value of residential real property and are not readily
5 observable to the buyer;
6 5. Presenting all offers and counteroffers in a timely
7 manner, unless a party has previously directed the licensee
8 otherwise in writing;
9 6. Limited confidentiality, unless waived in writing
10 by a party. This limited confidentiality will prevent
11 disclosure that the seller will accept a price less than the
12 asking or listed price, that the buyer will pay a price
13 greater than the price submitted in a written offer, of the
14 motivation of any party for selling or buying property, that a
15 seller or buyer will agree to financing terms other than those
16 offered, or of any other information requested by a party to
17 remain confidential; and
18 7. Any additional duties that are mutually agreed to
19 with a party.
20 (b) Disclosure requirements.--Duties of a transaction
21 broker must be fully described and disclosed in writing to a
22 buyer or seller either as a separate and distinct disclosure
23 document or included as part of another document such as a
24 listing agreement or agreement for representation. The
25 disclosure must be made before, or at the time of, entering
26 into a listing agreement or an agreement for representation.
27 When incorporated into other documents the required notice
28 must be of the same size type, or larger, as other provisions
29 of the document and must be conspicuous in its placement so as
30 to advise customers of the duties of limited representation,
31
119
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 except that the first sentence of the information identified
2 in paragraph (c) must be printed in uppercase and bold type.
3 (c) Contents of disclosure.--The required notice given
4 under paragraph (b) must include the following information in
5 the following form:
6
7 FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
8 TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE
9 AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.
10
11 As a transaction broker, ................ (insert name of Real
12 Estate Firm and its Associates), provides to you a limited
13 form of representation that includes the following duties:
14 1. Dealing honestly and fairly;
15 2. Accounting for all funds;
16 3. Using skill, care, and diligence in the
17 transaction;
18 4. Disclosing all known facts that materially affect
19 the value of residential real property and are not readily
20 observable to the buyer;
21 5. Presenting all offers and counteroffers in a timely
22 manner, unless a party has previously directed the licensee
23 otherwise in writing;
24 6. Limited confidentiality, unless waived in writing
25 by a party. This limited confidentiality will prevent
26 disclosure that the seller will accept a price less than the
27 asking or listed price, that the buyer will pay a price
28 greater than the price submitted in a written offer, of the
29 motivation of any party for selling or buying property, that a
30 seller or buyer will agree to financing terms other than those
31
120
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 offered, or of any other information requested by a party to
2 remain confidential; and
3 7. Any additional duties that are entered into by this
4 or by separate written agreement.
5
6 Limited representation means that a buyer or seller is not
7 responsible for the acts of the licensee. Additionally,
8 parties are giving up their rights to the undivided loyalty of
9 the licensee. This aspect of limited representation allows a
10 licensee to facilitate a real estate transaction by assisting
11 both the buyer and the seller, but a licensee will not work to
12 represent one party to the detriment of the other party.
13
14 ........ ........................
15 Date Signature
16
17 ........................
18 Signature
19 Section 80. Subsections (1), (2), (3), (6), and (7) of
20 section 475.451, Florida Statutes, are amended to read:
21 475.451 Schools teaching real estate practice.--
22 (1) Each person, school, or institution, except
23 approved and accredited colleges, universities, community
24 colleges, and area technical centers in this state, which
25 offers or conducts any course of study in real estate
26 practice, teaches any course prescribed by the commission as a
27 condition precedent to licensure or renewal of licensure as a
28 broker or salesperson, or teaches any course designed or
29 represented to enable or assist applicants for licensure as
30 brokers or salespersons to pass examinations for such
31 licensure conducted by the department shall, before commencing
121
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 or continuing further to offer or conduct such course or
2 courses, obtain a permit from the department and abide by the
3 regulations imposed upon such person, school, or institution
4 by this chapter and rules of the commission adopted pursuant
5 to this chapter. The exemption for colleges, universities,
6 community colleges, and area technical centers is limited to
7 transferable college credit courses offered by such
8 institutions.
9 (2) An applicant for a permit to operate a proprietary
10 real estate school, to be a chief administrator of a
11 proprietary real estate school or a state institution, or to
12 be an instructor for a proprietary real estate school or a
13 state institution must meet the qualifications for practice
14 set forth in s. 475.17(1) and the following minimal
15 requirements:
16 (a) "School permitholder" means the is defined as that
17 individual who is responsible for directing the overall
18 operation of a proprietary real estate school. A school
19 permitholder He must be the holder of a license as a broker,
20 either active or voluntarily inactive, or must have passed an
21 instructor's examination approved by the commission
22 administered by the department. A school permitholder must
23 also meet the requirements of a school instructor if he is
24 actively engaged in teaching.
25 (b) "Chief administrative person" means the is defined
26 as that individual who is responsible for the administration
27 of the overall policies and practices of the institution or
28 proprietary real estate school. A chief administrative person
29 He must also meet the requirements of a school instructor if
30 he is actively engaged in teaching.
31
122
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (c) "School instructor" means an is defined as that
2 individual who actively instructs persons in the classroom in
3 noncredit college courses in a college, university, or
4 community college or courses in an area technical center or
5 proprietary real estate school.
6 1. Before commencing to provide such instruction, the
7 applicant instruct noncredit college courses in a college,
8 university, or community college, or courses in an area
9 technical center or proprietary real estate school, he must
10 certify the applicant's his competency and obtain an
11 instructor permit by meeting one of the following
12 requirements:
13 a. Hold a bachelor's degree in a business-related
14 subject, such as real estate, finance, accounting, business
15 administration, or its equivalent and hold a valid broker's
16 license in this state.
17 b. Hold a bachelor's degree, have extensive real
18 estate experience, as defined by rule, and hold a valid
19 broker's license in this state.
20 c. Pass an instructor's examination approved by the
21 commission administered by the Division of Real Estate.
22 2. Any requirement by the commission for a teaching
23 demonstration or practical examination must apply to all
24 school instructor applicants.
25 3. The department shall renew an instructor permit
26 upon receipt of a renewal application and fee. The renewal
27 application shall include proof that the permitholder has,
28 since the issuance or renewal of the current permit, Every
29 second year, each instructor must recertify his competency by
30 presenting to the commission evidence of his having
31 successfully completed a minimum of 15 classroom hours of
123
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 instruction in real estate subjects or instructional
2 techniques, as prescribed by the commission. The commission
3 shall adopt rules providing for the renewal of instructor
4 permits at least every 2 years. Any permit which is not
5 renewed at the end of the permit period established by the
6 department shall automatically revert to involuntarily
7 inactive status.
8
9 The department may require an applicant to submit names of
10 persons having knowledge concerning the applicant and the
11 enterprise; may propound interrogatories to such persons and
12 to the applicant concerning the character of the applicant,
13 including the taking of fingerprints for processing through
14 the Federal Bureau of Investigation; and shall make such
15 investigation of the applicant him or the school or
16 institution as it may deem necessary to the granting of the
17 permit. If an objection is filed, it shall be considered in
18 the same manner as objections or administrative complaints
19 against other applicants for licensure by the department.
20 (3) It is unlawful for any person, school, or
21 institution to offer the courses described in subsection (1)
22 or to conduct classes in such courses, regardless of the
23 number of pupils, whether by correspondence or otherwise,
24 without first procuring a permit, or to guarantee that its
25 pupils will pass any examinations required for licensure given
26 by the department, or to represent that the issuance of a
27 permit is any recommendation or endorsement of the person,
28 school, or institution to which it is issued or of any course
29 of instruction given thereunder.
30 (6) Any course prescribed by the commission as a
31 condition precedent to any person's becoming initially
124
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 licensed as a salesperson may be taught in any real estate
2 school through the use of a video tape of instruction by a
3 currently permitted licensed instructor from any such school.
4 The commission may require that any such video tape course
5 have a single session of live instruction by a currently
6 permitted licensed instructor from any such school; however,
7 this requirement shall not exceed 3 classroom hours. All
8 other prescribed courses, except the continuing education
9 course required by s. 475.182, shall be taught by a currently
10 permitted licensed school instructor personally in attendance
11 at such course. The continuing education course required by
12 s. 475.182 may be taught by an equivalent correspondence
13 course; however, any such course of correspondence shall be
14 required to have a final examination, prepared and
15 administered by the school issuing the correspondence course.
16 The continuing education requirements provided in this section
17 or provided in any other section in this chapter do not apply
18 with respect to any attorney who is otherwise qualified under
19 the provisions of this chapter.
20 (7) Any person holding a school instructor permit on
21 October 1, 1983, is exempt from the instructor examination
22 requirements of paragraph (2)(c) as long as the person he
23 continuously holds such a permit and complies with all other
24 requirements of this chapter.
25 Section 81. Subsection (6) is added to section
26 475.452, Florida Statutes, to read:
27 475.452 Advance fees; deposit; accounting; penalty;
28 damages.--
29 (6) This section does not apply to a real estate
30 broker auctioning real property if in advance of the auction
31 the broker and seller have entered into a written agreement
125
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 specifically providing for anticipated expenses to be incurred
2 and paid. However, any trust funds received by the broker in
3 advance of the auction may not be disbursed or otherwise used
4 as an advance commission or fee for services without first
5 having complied with the provisions of this subsection.
6 Section 82. Subsection (7) of section 475.484, Florida
7 Statutes, is amended to read:
8 475.484 Payment from the fund.--
9 (7) Upon the payment of any amount from the Real
10 Estate Recovery Fund in settlement of a claim in satisfaction
11 of a judgment against a broker or salesperson as described in
12 s. 475.482(1), the license of such broker or salesperson shall
13 be automatically suspended upon the date of payment from the
14 fund. The license of such broker or salesperson may not be
15 reinstated until the licensee has repaid in full, plus
16 interest, the amount paid from the fund. No further
17 administrative action is necessary. A discharge of bankruptcy
18 does not relieve a licensee from the penalties and
19 disabilities provided in this section, except to the extent
20 that this subsection conflicts with 11 U.S.C. s. 525, in which
21 case the commission may order the license not to be suspended
22 or otherwise discriminated against.
23 Section 83. Section 475.5016, Florida Statutes, is
24 created to read:
25 475.5016 Authority to inspect and audit.--Duly
26 authorized agents and employees of the department shall have
27 the power to inspect and audit in a lawful manner at all
28 reasonable hours any broker or brokerage office licensed
29 pursuant to this chapter, for the purpose of determining if
30 any of the provisions of this chapter, chapter 455, or any
31
126
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 rule promulgated under authority of either chapter is being
2 violated.
3 Section 84. Section 475.6145, Florida Statutes, is
4 created to read:
5 475.6145 Seal.--The board shall adopt a seal by which
6 it shall authenticate its proceedings, records, and acts.
7 Copies of the proceedings, records, and acts of the board, and
8 certificates purporting to relate the facts concerning such
9 proceedings, records, and acts, which are signed by the board
10 chair, the custodian of such records, or any other person
11 authorized to make such certification and which are
12 authenticated by such seal, shall be prima facie evidence of
13 such proceedings, records, and acts in all courts of this
14 state.
15 Section 85. Section 475.6147, Florida Statutes, is
16 created to read:
17 475.6147 Fees.--
18 (1) The board by rule may establish fees to be paid
19 for application, licensing and renewal, certification and
20 recertification, reinstatement, and recordmaking and
21 recordkeeping. The fee for initial application may not exceed
22 $150, and, the combined cost of the application and
23 examination may not exceed $300. The initial license fee and
24 the license renewal fee may not exceed $150 for each year of
25 the duration of the license. The board may also establish by
26 rule a late renewal penalty. The board shall establish fees
27 which are adequate to ensure its continued operation. Fees
28 shall be based on estimates made by the department of the
29 revenue required to implement this part and other provisions
30 of law relating to the regulation of real estate appraisers.
31
127
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) Application and license fees shall be refunded
2 upon a determination by the board that the state is not
3 entitled to the fees or that only a portion of the resources
4 have been expended in the processing of the application or
5 shall be refunded if for any other reason the application is
6 not completely processed. The board shall implement this
7 subsection by rule.
8 Section 86. Section 475.615, Florida Statutes, is
9 amended to read:
10 475.615 Qualifications for registration, licensure, or
11 certification.--
12 (1) Any person desiring to act as a registered,
13 licensed, or certified appraiser must make application in
14 writing to the department in such form and detail as the board
15 shall prescribe. Each applicant must be at least 18 years of
16 age and hold a high school diploma or its equivalent. At the
17 time of application, a person must furnish evidence of
18 successful completion of required education and evidence of
19 required experience, if any.
20 (2) The board is authorized to waive or modify any
21 education, experience, or examination requirements established
22 in this section in order to conform with any such requirements
23 established by the Appraisal Qualifications Board of the
24 Appraisal Foundation and recognized by the Appraisal
25 Subcommittee or any successor body recognized by federal law.
26 (3) Appropriate fees, as set forth in the rules of the
27 board pursuant to s. 475.6147, must accompany all applications
28 for registration, licensure, and certification.
29 (4) In the event that the applicant is currently a
30 registered, licensed, or certified appraiser and is making
31 application to obtain a different status of appraisal
128
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 licensure, should such application be received by the
2 department within 180 days prior to through 180 days after the
3 applicant's scheduled renewal, the charge for the application
4 shall be established by the rules of the board pursuant to s.
5 475.6147.
6 (5)(4) At the time of filing a notarized application
7 for registration, licensure, or certification, the applicant
8 must sign a pledge to comply with the Uniform Standards of
9 Professional Appraisal Practice upon registration, licensure,
10 or certification, and must indicate in writing that he
11 understands the types of misconduct for which disciplinary
12 proceedings may be initiated. The application shall expire 1
13 year from the date received, if the applicant for
14 registration, licensure, or certification fails to take the
15 appropriate examination.
16 (6)(5) All applicants must be competent and qualified
17 to make real estate appraisals with safety to those with whom
18 they may undertake a relationship of trust and confidence and
19 the general public. If any applicant has been denied
20 registration, licensure, or certification, or has been
21 disbarred, or his registration, license, or certificate to
22 practice or conduct any regulated profession, business, or
23 vocation has been revoked or suspended by this or any other
24 state, any nation, or any possession or district of the United
25 States, or any court or lawful agency thereof, because of any
26 conduct or practices which would have warranted a like result
27 under this section, or if the applicant has been guilty of
28 conduct or practices in this state or elsewhere which would
29 have been grounds for disciplining his registration, license,
30 or certification under this section had the applicant then
31 been registered, licensed, or certified, the applicant shall
129
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 be deemed not to be qualified unless, because of lapse of time
2 and subsequent good conduct and reputation, or other reason
3 deemed sufficient, it appears to the board that the interest
4 of the public is not likely to be endangered by the granting
5 of registration, licensure, or certification.
6 (7)(6) No applicant seeking to become registered,
7 licensed, or certified under this section may be rejected
8 solely by virtue of membership or lack of membership in any
9 particular appraisal organization.
10 Section 87. Section 475.617, Florida Statutes, is
11 amended to read:
12 475.617 Education and experience requirements.--
13 (1) To be registered as an appraiser, an applicant
14 must present evidence satisfactory to the board that he has
15 successfully completed at least up to 75 hours of approved
16 academic courses in subjects related to real estate appraisal,
17 which shall include coverage of the Uniform Standards of
18 Professional Appraisal Practice from a nationally recognized
19 or state-recognized appraisal organization, area technical
20 center, accredited community college, college, or university,
21 state or federal agency or commission, or proprietary real
22 estate school that holds a permit pursuant to s. 475.451. A
23 classroom hour is defined as 50 minutes out of each 60-minute
24 segment. Past courses may be approved on an hour-for-hour
25 basis.
26 (2) To be licensed as an appraiser, an applicant must
27 present evidence satisfactory to the board that he:
28 (a) Has at least 2 years of experience in real
29 property appraisal as defined by rule.
30 (b) Has successfully completed at least 75 classroom
31 hours, inclusive of examination, of approved academic courses
130
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 in subjects related to real estate appraisal, which shall
2 include coverage of the Uniform Standards of Professional
3 Appraisal Practice from a nationally recognized or
4 state-recognized appraisal organization, area technical
5 center, accredited community college, college, or university,
6 state or federal agency or commission, or proprietary real
7 estate school that holds a permit pursuant to s. 475.451. A
8 classroom hour is defined as 50 minutes out of each 60-minute
9 segment. Past courses may be approved by the board and
10 substituted on an hour-for-hour basis.
11 (3) To be certified as a residential appraiser, an
12 applicant must present satisfactory evidence to the board that
13 he:
14 (a) Has at least 2 years of experience in real
15 property appraisal as defined by rule.
16 (b) Has successfully completed at least 120 up to 165
17 classroom hours, inclusive of examination, of approved
18 academic courses in subjects related to real estate appraisal,
19 which shall include coverage of the Uniform Standards of
20 Professional Appraisal Practice from a nationally recognized
21 or state-recognized appraisal organization, area technical
22 center, accredited community college, college, or university,
23 state or federal agency or commission, or proprietary real
24 estate school that holds a permit pursuant to s. 475.451. A
25 classroom hour is defined as 50 minutes out of each 60-minute
26 segment. Past courses may be approved by the board and
27 substituted on an hour-for-hour basis.
28 (4) To be certified as a general appraiser, an
29 applicant must present evidence satisfactory to the board that
30 he:
31
131
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) Has at least 2 years of experience in real
2 property appraisal as defined by rule.
3 (b) Has successfully completed at least 165 classroom
4 hours, inclusive of examination, of approved academic courses
5 in subjects related to real estate appraisal, which shall
6 include coverage of the Uniform Standards of Professional
7 Appraisal Practice from a nationally recognized or
8 state-recognized appraisal organization, area technical
9 center, accredited community college, college, or university,
10 state or federal agency or commission, or proprietary real
11 estate school that holds a permit pursuant to s. 475.451. A
12 classroom hour is defined as 50 minutes out of each 60-minute
13 segment. Past courses may be approved by the board and
14 substituted on an hour-for-hour basis.
15 (5) Each applicant must furnish, under oath, a
16 detailed statement of the experience for each year of
17 experience he claims. Upon request, the applicant shall
18 furnish to the board, for its examination, copies of appraisal
19 reports or file memoranda to support the claim for experience.
20 Section 88. Subsection (1) of section 475.624, Florida
21 Statutes, is amended to read:
22 475.624 Discipline.--The board may deny an application
23 for registration, licensure, or certification; investigate the
24 actions of any appraiser registered, licensed, or certified
25 under this section; and may reprimand, fine, revoke, or
26 suspend, for a period not to exceed 10 years, the
27 registration, license, or certification of any such appraiser,
28 or place any such appraiser on probation if it finds that the
29 registrant, licensee, or certificateholder:
30
31
132
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (1) Has violated any provisions of this part or of s.
2 455.227(1); however, licensees under this part are exempt from
3 the provisions of s. 455.227(1)(i).
4 Section 89. Section 475.6295, Florida Statutes, is
5 created to read:
6 475.6295 Authority to inspect.--Duly authorized agents
7 and employees of the department shall have the power to
8 inspect in a lawful manner at all reasonable hours any
9 appraiser or appraisal office licensed pursuant to this
10 chapter, for the purpose of determining if any of the
11 provisions of this chapter, chapter 455, or any rule
12 promulgated under authority of either chapter is being
13 violated.
14 Section 90. Section 476.114, Florida Statutes, is
15 amended to read:
16 476.114 Examination; prerequisites.--
17 (1) A person desiring to be licensed as a barber shall
18 apply to the department for licensure.
19 (2) An applicant shall be eligible for entitled to
20 take the licensure by examination to practice barbering if the
21 applicant:
22 (a) Is at least 16 years of age;
23 (b) Pays the required application fee; and
24 (c)1. Holds an active valid license to practice
25 barbering in another state, has held the license for at least
26 1 year, and does not qualify for licensure by endorsement as
27 provided for in s. 476.144(5); or
28 2. Has received a minimum of 1,200 hours of training
29 as established by the board, which shall include, but shall
30 not be limited to, the equivalent of completion of services
31
133
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 directly related to the practice of barbering at one of the
2 following:
3 a. A school of barbering licensed pursuant to chapter
4 246;
5 b. A barbering program within the public school
6 system; or
7 c. A government-operated barbering program in this
8 state.
9
10 The board shall establish by rule procedures whereby the
11 school or program may certify that a person is qualified to
12 take the required examination after the completion of a
13 minimum of 1,000 actual school hours. If the person passes the
14 examination, he shall have satisfied this requirement; but if
15 he fails the examination, he shall not be qualified to take
16 the examination again until the completion of the full
17 requirements provided by this section.
18 (3) An applicant who meets the requirements set forth
19 in subparagraphs (2)(c)1. and 2. who fails to pass the
20 examination may take subsequent examinations as many times as
21 necessary to pass, except that the board may shall specify by
22 rule reasonable timeframes for rescheduling the examination
23 and shall adopt rules specifying additional training
24 requirements for applicants who, after the third attempt, fail
25 to pass the examination. Prior to reexamination, the applicant
26 must file any the appropriate form and pay the reexamination
27 fee as required by rule.
28 Section 91. Section 476.124, Florida Statutes, is
29 amended to read:
30
31
134
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 476.124 Application for licensure by
2 examination.--Each applicant for licensure by an examination
3 shall:
4 (1) Make application to the department at least 30
5 days prior to the examination date on forms prepared and
6 furnished by the department;
7 (2) Furnish to the department two signed photographs
8 of the applicant, of sufficient size to identify the
9 applicant, one photograph to accompany the application and one
10 photograph to be provided to the Bureau of Testing returned to
11 the applicant for presentation to the examiners when the
12 applicant appears for examination; and
13 (3) Pay any the required fee to the department.
14 Section 92. Section 476.134, Florida Statutes, is
15 repealed.
16 Section 93. Subsections (2) and (6) of section
17 476.144, Florida Statutes, are amended to read:
18 476.144 Licensure.--
19 (2) The board shall certify for licensure any
20 applicant who satisfies the requirements of s. 476.114, and
21 who passes the examination approved by the board and certified
22 administered by the department, achieving a passing grade as
23 established by board rule.
24 (6) A person may apply for a restricted license to
25 practice barbering. The board shall adopt rules specifying
26 procedures for an applicant to obtain a restricted license if
27 the applicant:
28 (a)1. Has successfully completed a restricted barber
29 course, as established by rule of the board, at a school of
30 barbering licensed pursuant to chapter 246, a barbering
31
135
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 program within the public school system, or a
2 government-operated barbering program in this state; or
3 2.a. Holds or has within the previous 5 years held
4 an active valid license to practice barbering in another state
5 or country or has held a Florida barbering license which has
6 been declared null and void for failure to renew the license
7 and the applicant fulfilled the requirements of s.
8 476.114(2)(c)2. for initial licensure; and
9 b.(b) Has not been disciplined relating to the
10 practice of barbering in the previous 5 15 years; and
11 (b)(c) Passes a written examination on the laws and
12 rules governing the practice of barbering in Florida, as
13 established by the board, and a practical examination approved
14 by the board and certified administered by the department.
15
16 The restricted license shall limit the licensee's practice to
17 those specific areas in which the applicant has demonstrated
18 competence pursuant to rules adopted by the board.
19 Section 94. Subsections (10) and (11) are added to
20 section 477.013, Florida Statutes, to read:
21 477.013 Definitions.--As used in this chapter:
22 (10) "Hair wrapping" means the wrapping of
23 manufactured materials around a strand of human hair, for
24 compensation, without cutting, coloring, permanent waving,
25 relaxing, removing, weaving, chemically treating, braiding,
26 using hair extensions, or performing any other function
27 defined as cosmetology services.
28 (11) "Photography studio salon" means an establishment
29 where the hair-arranging services and the application of
30 cosmetic products are performed solely for the purpose of
31 preparing the model or client for the photographic session
136
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 without shampooing, cutting, coloring, permanent waving,
2 relaxing, or removing of hair or performing any other service
3 defined as cosmetology.
4 Section 95. Section 477.0132, Florida Statutes, is
5 amended to read:
6 477.0132 Hair braiding and hair wrapping
7 registration.--Persons whose occupation or practice is
8 confined solely to hair braiding or hair wrapping must
9 register with the department, pay the applicable registration
10 fee, and take a two-day 16 hour course. The course shall be
11 board approved and consist of 5 hours of HIV/AIDS and other
12 communicable diseases, 5 hours of sanitation and
13 sterilization, 4 hours of disorders and diseases of the scalp,
14 and 2 hours of studies regarding laws affecting hair braiding
15 and hair wrapping cosmetology. Hair braiding and hair
16 wrapping are not required to be practiced in a cosmetology
17 salon or specialty salon. When hair braiding or hair wrapping
18 is practiced outside a cosmetology salon or specialty salon,
19 disposable implements must be used or all implements must be
20 sanitized in a disinfectant approved for hospital use or
21 approved by the federal Environmental Protection Agency.
22 Section 96. Subsection (4) is added to section
23 477.0135, Florida Statutes, to read:
24 477.0135 Exemptions.--
25 (4) A photography studio salon is exempt from the
26 licensure provisions of this chapter. However, the
27 hair-arranging services of such salon must be performed under
28 the supervision of a licensed cosmetologist employed by the
29 salon. The salon must use disposable hair-arranging implements
30 or use a wet or dry sanitizing system approved by the federal
31 Environmental Protection Agency.
137
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 97. Section 477.019, Florida Statutes, is
2 amended to read:
3 477.019 Cosmetologists; qualifications; licensure;
4 license renewal; endorsement; continuing education.--
5 (1) A person desiring to be licensed as a
6 cosmetologist shall apply to the department for licensure.
7 (2) The board may, by rule, require a written clinical
8 examination or a performance examination, or both, in addition
9 to a written theory examination.
10 (3) (2) An applicant shall be eligible for entitled
11 to take the licensure by examination to practice cosmetology
12 if the applicant:
13 (a) Is at least 16 years of age or has received a high
14 school diploma;
15 (b) Pays the required application fee; and
16 (c)1. Holds an active valid license to practice
17 cosmetology in another state or country, has held the license
18 for at least 1 year, and does not qualify for licensure by
19 endorsement as provided for in subsection (6) (5); or
20 2. Has received a minimum of 1,200 hours of training
21 as established by the board, which shall include, but shall
22 not be limited to, the equivalent of completion of services
23 directly related to the practice of cosmetology at one of the
24 following:
25 a. A school of cosmetology licensed pursuant to
26 chapter 246.
27 b. A cosmetology program within the public school
28 system.
29 c. The Cosmetology Division of the Florida School for
30 the Deaf and the Blind, provided the division meets the
31 standards of this chapter.
138
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 d. A government-operated cosmetology program in this
2 state.
3
4 The board shall establish by rule procedures whereby the
5 school or program may certify that a person is qualified to
6 take the required examination after the completion of a
7 minimum of 1,000 actual school hours. If the person then
8 passes the examination, he shall have satisfied this
9 requirement; but if he fails the examination, he shall not be
10 qualified to take the examination again until the completion
11 of the full requirements provided by this section.
12 (4) (3) Upon an applicant receiving a passing grade,
13 as established by board rule, on the examination and paying
14 the initial licensing fee, the department shall issue a
15 license to practice cosmetology.
16 (5) (4) Renewal of license registration shall be
17 accomplished pursuant to rules adopted by the board.
18 (6) (5) The board shall adopt rules specifying
19 procedures for the licensure by endorsement of practitioners
20 desiring to be licensed in this state who hold a current
21 active license in another state and who have met
22 qualifications substantially similar to, equivalent to, or
23 greater than the qualifications required of applicants from
24 this state.
25 (7)(a) The board shall prescribe by rule continuing
26 education requirements intended to ensure protection of the
27 public through updated training of licensees and registered
28 specialists, not to exceed 16 hours biennially, as a condition
29 for renewal of a license or registration as a specialist under
30 this chapter. Continuing education courses shall include, but
31 not be limited to, the following subjects as they relate to
139
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the practice of cosmetology: human immunodeficiency virus and
2 acquired immune deficiency syndrome; Occupational Safety and
3 Health Administration regulations; workers' compensation
4 issues; state and federal laws and rules as they pertain to
5 cosmetologists, cosmetology, salons, specialists, specialty
6 salons, and booth renters; chemical makeup as it pertains to
7 hair, skin, and nails; and environmental issues. Courses given
8 at cosmetology conferences may be counted toward the number of
9 continuing education hours required if approved by the board.
10 (b) The department may privatize provider and course
11 approval and the monitoring of continuing education
12 requirements under a contract which ensures that the services
13 will be without cost to the department or board, including the
14 cost of appropriate oversight by the department. The
15 department may contract with one or more private entities for
16 the provision of such services, including the collection of
17 fees for the services rendered. The department and board
18 shall retain final authority for licensure decisions,
19 rulemaking related to continuing education system
20 requirements, noncompliance noticing, and overall
21 implementation of any privatization project under this
22 subsection.
23 (c) Any person whose occupation or practice is
24 confined solely to hair braiding or hair wrapping is exempt
25 from the continuing education requirements of this subsection.
26 (d) Notwithstanding any provision of law to the
27 contrary, enforcement of mandatory continuing education
28 requirements pursuant to this chapter shall be accomplished
29 only as a secondary action when a person is investigated for
30 another violation. However, the board may, by rule, require
31 any licensee in violation of a continuing education
140
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 requirement to take a refresher course or refresher course and
2 examination in addition to any other penalty. The number of
3 hours for the refresher course may not exceed 48 hours.
4 Section 98. Section 477.022, Florida Statutes, is
5 repealed.
6 Section 99. Paragraph (f) of subsection (1) of section
7 477.026, Florida Statutes, is amended to read:
8 477.026 Fees; disposition.--
9 (1) The board shall set fees according to the
10 following schedule:
11 (f) For hair braiders and hair wrappers, fees for
12 registration shall not exceed $25.
13 Section 100. Subsection (3) of section 477.0263,
14 Florida Statutes, is amended to read:
15 477.0263 Cosmetology services to be performed in
16 licensed salon; exception.--
17 (3) Any person who holds a valid cosmetology license
18 in any state or who is authorized to practice cosmetology in
19 any country, territory, or jurisdiction of the United States
20 may perform cosmetology services in a location other than a
21 licensed salon when such services are performed in connection
22 with the motion picture, fashion photography, theatrical, or
23 television industry; a photography studio salon; a
24 manufacturer trade show demonstration; or an educational
25 seminar.
26 Section 101. Section 481.207, Florida Statutes, is
27 amended to read:
28 481.207 Fees.--The board, by rule, may establish
29 separate fees for architects and interior designers, to be
30 paid for applications, examination, reexamination, licensing
31 and renewal, delinquency, reinstatement, and recordmaking and
141
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 recordkeeping. The examination fee shall be in an amount that
2 covers the cost of obtaining and administering the examination
3 and shall be refunded if the applicant is found ineligible to
4 sit for the examination. The application fee is nonrefundable.
5 The fee for initial application and examination for architects
6 and interior designers may not exceed $225, and the combined
7 cost of the application and examination may not exceed $775
8 plus the actual per applicant cost to the department for
9 purchase of the examination from the National Council of
10 Architectural Registration Boards or the National Council of
11 Interior Design Qualifications, respectively, or similar
12 national organizations, if the examination is purchased by the
13 department. The biennial renewal fee for architects may not
14 exceed $200. The biennial renewal fee for interior designers
15 may not exceed $500. The delinquency fee may not exceed the
16 biennial renewal fee established by the board for an active
17 license. The board shall establish fees that are adequate to
18 ensure the continued operation of the board and to fund the
19 proportionate expenses incurred by the department which are
20 allocated to the regulation of architects and interior
21 designers. Fees shall be based on department estimates of the
22 revenue required to implement this part and the provisions of
23 law with respect to the regulation of architects and interior
24 designers.
25 Section 102. Section 481.209, Florida Statutes, 1996
26 Supplement, is amended to read:
27 481.209 Eligibility for licensure; examinations.--
28 (1) A person desiring to be licensed as a registered
29 architect shall be certified by the board as eligible for
30 licensure and shall pass apply to the department to take the
31 required licensure examination which has been approved by the
142
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 board and certified by the department. The board shall certify
2 as eligible for licensure by examination each applicant who
3 submits a complete application for licensure as a registered
4 architect demonstrating that the applicant The department
5 shall administer the licensure examination for architects to
6 each applicant who the board certifies:
7 (a) Has completed the application form and remitted a
8 nonrefundable application fee and an examination fee which is
9 refundable if the applicant is found to be ineligible to take
10 the examination;
11 (b)1. Has successfully completed all architectural
12 curriculum courses required by and is a graduate of a school
13 or college of architecture accredited by the National
14 Architectural Accreditation Board; or
15 2. Is a graduate of an approved architectural
16 curriculum, evidenced by a degree from an unaccredited school
17 or college of architecture approved by the board. The board
18 shall adopt rules providing for the review and approval of
19 unaccredited schools and colleges of architecture and courses
20 of architectural study based on a review and inspection by the
21 board of the curriculum of accredited schools and colleges of
22 architecture in the United States, including those schools and
23 colleges accredited by the National Architectural
24 Accreditation Board; and
25 (c) Has completed, prior to examination, 1 year of the
26 internship experience required by s. 481.211(1).
27 (2) A person desiring to be licensed as a registered
28 interior designer shall be certified by the board as eligible
29 for licensure and shall pass the required licensure
30 examination which has been approved by the board and certified
31 by the department. The board shall certify as eligible for
143
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 licensure by examination each applicant who has remitted the
2 application fee specified in s. 481.207 and has submitted a
3 complete application for licensure as a registered interior
4 designer demonstrating that the applicant apply to the
5 department for licensure. The department shall administer the
6 licensure examination for interior designers to each applicant
7 who has completed the application form and remitted the
8 application and examination fees specified in s. 481.207 and
9 who the board certifies:
10 (a) Is a graduate from an interior design program of 5
11 years or more and has completed 1 year of diversified interior
12 design experience;
13 (b) Is a graduate from an interior design program of 4
14 years or more and has completed 2 years of diversified
15 interior design experience;
16 (c) Has completed at least 3 years in an interior
17 design curriculum and has completed 3 years of diversified
18 interior design experience;
19 (d) Is a graduate from an interior design program of
20 at least 2 years and has completed 4 years of diversified
21 interior design experience; or
22 (e) Has completed 6 years of diversified interior
23 design experience, provided that at least 4 years were
24 accumulated prior to October 1, 1994. A person applying under
25 this paragraph must make application prior to April 30, 1998,
26 and may, in lieu of passage of the examination required by
27 this subsection, substitute passage of any of the following
28 examinations: a National Council of Interior Design
29 Qualifications examination, an American Institute of Design
30 examination, the building and barrier-free codes section of
31 the national examination as prepared by the National Council
144
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 of Interior Design Qualifications, or any other examination
2 approved by the board.
3
4 Subsequent to October 1, 2000, for the purpose of having the
5 educational qualification required under this subsection
6 accepted by the board, the applicant must complete his or her
7 education at a program, school, or college of interior design
8 whose curriculum has been approved by the board as of the time
9 of completion. Subsequent to October 1, 2003, all of the
10 required amount of educational credits shall have been
11 obtained in a program, school, or college of interior design
12 whose curriculum has been approved by the board, as of the
13 time each educational credit is gained. The board shall adopt
14 rules providing for the review and approval of programs,
15 schools, and colleges of interior design and courses of
16 interior design study based on a review and inspection by the
17 board of the curriculum of programs, schools, and colleges of
18 interior design in the United States, including those
19 programs, schools, and colleges accredited by the Foundation
20 for Interior Design Education Research. The board shall adopt
21 rules providing for the review and approval of diversified
22 interior design experience required by this subsection.
23 Section 103. Subsection (1) of section 481.213,
24 Florida Statutes, is amended to read:
25 481.213 Licensure.--
26 (1) The department shall license any applicant who the
27 board certifies is qualified for licensure, who has passed the
28 prescribed licensure examination, and who has paid the initial
29 licensure fee. Licensure as an architect under this section
30 shall be deemed to include all the rights and privileges of
31 licensure as an interior designer under this section.
145
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 104. Section 481.2051, Florida Statutes, is
2 created to read:
3 481.2051 Architects performing building code inspector
4 duties.--A person currently licensed to practice as an
5 architect under this part may provide building inspection
6 services described in s. 468.603(6) and (7) to a local
7 government or state agency upon its request, without being
8 certified by the Board of Building Code Administrators and
9 Inspectors under part XIII of chapter 468. When performing
10 these building inspection services, the architect is subject
11 to the disciplinary guidelines of this chapter and s.
12 468.621(1)(c)-(g). The complaint processing, investigation,
13 and discipline shall be conducted by the board rather than the
14 Board of Building Code Administrators and Inspectors. An
15 architect may not perform plans review, as set forth in s.
16 468.603(2), as an employee of a local government on any job
17 that the architect or the architect's company designed.
18 Section 105. Subsection (15) of section 489.103,
19 Florida Statutes, 1996 Supplement, is amended, and subsection
20 (17) is added to said section, to read:
21 489.103 Exemptions.--This part does not apply to:
22 (15) The installation and maintenance of water
23 conditioning units for domestic, commercial, or industrial
24 purposes by operators of water conditioning services. No
25 municipality or county may adopt an ordinance, rule, or
26 regulation which requires such an operator to become licensed,
27 certified, or registered as a plumber to perform any activity
28 associated with installation or maintenance of a water
29 conditioning unit or which otherwise prevents the installation
30 and maintenance of such water conditioning units by an
31 operator.
146
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (17) The sale, delivery, assembly, or tie-down of
2 prefabricated portable sheds which are not more than 250
3 square feet in interior size and are not intended for use as a
4 residence or as living quarters. This exemption shall not be
5 construed to interfere with local building codes, local
6 licensure requirements, or other local ordinance provisions.
7 Section 106. Paragraphs (a), (d), (f), (g), (i), and
8 (l) of subsection (3) of section 489.105, Florida Statutes,
9 1996 Supplement, are amended, and subsection (19) is added to
10 said section, to read:
11 489.105 Definitions.--As used in this part:
12 (3) "Contractor" means the person who is qualified
13 for, and shall only be responsible for, the project contracted
14 for and means, except as exempted in this part, the person
15 who, for compensation, undertakes to, submits a bid to, or
16 does himself or by others construct, repair, alter, remodel,
17 add to, demolish, subtract from, or improve any building or
18 structure, including related improvements to real estate, for
19 others or for resale to others; and whose job scope is
20 substantially similar to the job scope described in one of the
21 subsequent paragraphs of this subsection. For the purposes of
22 regulation under this part, "demolish" applies only to
23 demolition of steel tanks over 50 feet in height; towers over
24 50 feet in height; other structures over 50 feet in height,
25 other than buildings or residences over three stories tall;
26 and buildings or residences over three stories tall.
27 Contractors are subdivided into two divisions, Division I,
28 consisting of those contractors defined in paragraphs (a)-(c),
29 and Division II, consisting of those contractors defined in
30 paragraphs (d)-(q):
31
147
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) "General contractor" means a contractor whose
2 services are unlimited as to the type of work which he may do,
3 who may contract for any activity requiring licensure under
4 this part, and who may perform any work requiring licensure
5 under this part, except as otherwise expressly provided in s.
6 489.113 this part.
7 (d) "Sheet metal contractor" means a contractor whose
8 services are unlimited in the sheet metal trade and who has
9 the experience, knowledge, and skill necessary for the
10 manufacture, fabrication, assembling, handling, erection,
11 installation, dismantling, conditioning, adjustment,
12 insulation, alteration, repair, servicing, or design, when not
13 prohibited by law, of ferrous or nonferrous metal work of U.S.
14 No. 10 gauge or its equivalent or lighter gauge and of other
15 materials, including, but not limited to, fiberglass, used in
16 lieu thereof and of air-handling systems, including the
17 setting of air-handling equipment and reinforcement of same,
18 and including the balancing of air-handling systems, and any
19 duct cleaning and equipment sanitizing which requires at least
20 partial disassembling of the system.
21 (f) "Class A air-conditioning contractor" means a
22 contractor whose services are unlimited in the execution of
23 contracts requiring the experience, knowledge, and skill to
24 install, maintain, repair, fabricate, alter, extend, or
25 design, when not prohibited by law, central air-conditioning,
26 refrigeration, heating, and ventilating systems, including
27 duct work in connection with a complete system only to the
28 extent such duct work is performed by the contractor as is
29 necessary to make complete an air-distribution system, boiler
30 and unfired pressure vessel systems, and all appurtenances,
31 apparatus, or equipment used in connection therewith, and any
148
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 duct cleaning and equipment sanitizing which requires at least
2 partial disassembling of the system; to install, maintain,
3 repair, fabricate, alter, extend, or design, when not
4 prohibited by law, piping, insulation of pipes, vessels and
5 ducts, pressure and process piping, and pneumatic control
6 piping; to replace, disconnect, or reconnect power wiring on
7 the load side of the dedicated existing electrical disconnect
8 switch; to install, disconnect, and reconnect low voltage
9 heating, ventilating, and air-conditioning control wiring; and
10 to install a condensate drain from an air-conditioning unit to
11 an existing safe waste or other approved disposal other than a
12 direct connection to a sanitary system. The scope of work for
13 such contractor shall also include any excavation work
14 incidental thereto, but shall not include any work such as
15 liquefied petroleum or natural gas fuel lines within
16 buildings, potable water lines or connections thereto,
17 sanitary sewer lines, swimming pool piping and filters, or
18 electrical power wiring.
19 (g) "Class B air-conditioning contractor" means a
20 contractor whose services are limited to 25 tons of cooling
21 and 500,000 Btu of heating in any one system in the execution
22 of contracts requiring the experience, knowledge, and skill to
23 install, maintain, repair, fabricate, alter, extend, or
24 design, when not prohibited by law, central air-conditioning,
25 refrigeration, heating, and ventilating systems, including
26 duct work in connection with a complete system only to the
27 extent such duct work is performed by the contractor as is
28 necessary to make complete an air-distribution system being
29 installed under this classification, and any duct cleaning and
30 equipment sanitizing which requires at least a partial
31 disassembling of the system; to install, maintain, repair,
149
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 fabricate, alter, extend, or design, when not prohibited by
2 law, piping and insulation of pipes, vessels, and ducts; to
3 replace, disconnect, or reconnect power wiring on the load
4 side of the dedicated existing electrical disconnect switch;
5 to install, disconnect, and reconnect low voltage heating,
6 ventilating, and air-conditioning control wiring; and to
7 install a condensate drain from an air-conditioning unit to an
8 existing safe waste or other approved disposal other than a
9 direct connection to a sanitary system. The scope of work for
10 such contractor shall also include any excavation work
11 incidental thereto, but shall not include any work such as
12 liquefied petroleum or natural gas fuel lines within
13 buildings, potable water lines or connections thereto,
14 sanitary sewer lines, swimming pool piping and filters, or
15 electrical power wiring.
16 (i) "Mechanical contractor" means a contractor whose
17 services are unlimited in the execution of contracts requiring
18 the experience, knowledge, and skill to install, maintain,
19 repair, fabricate, alter, extend, or design, when not
20 prohibited by law, central air-conditioning, refrigeration,
21 heating, and ventilating systems, including duct work in
22 connection with a complete system only to the extent such duct
23 work is performed by the contractor as is necessary to make
24 complete an air-distribution system, boiler and unfired
25 pressure vessel systems, lift station equipment and piping,
26 and all appurtenances, apparatus, or equipment used in
27 connection therewith, and any duct cleaning and equipment
28 sanitizing which requires at least a partial disassembling of
29 the system; to install, maintain, repair, fabricate, alter,
30 extend, or design, when not prohibited by law, piping,
31 insulation of pipes, vessels and ducts, pressure and process
150
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 piping, pneumatic control piping, gasoline tanks and pump
2 installations and piping for same, standpipes, air piping,
3 vacuum line piping, oxygen lines, nitrous oxide piping, ink
4 and chemical lines, fuel transmission lines, and natural gas
5 fuel lines within buildings; to replace, disconnect, or
6 reconnect power wiring on the load side of the dedicated
7 existing electrical disconnect switch; to install, disconnect,
8 and reconnect low voltage heating, ventilating, and
9 air-conditioning control wiring; and to install a condensate
10 drain from an air-conditioning unit to an existing safe waste
11 or other approved disposal other than a direct connection to a
12 sanitary system. The scope of work for such contractor shall
13 also include any excavation work incidental thereto, but shall
14 not include any work such as liquefied petroleum gas fuel
15 lines within buildings, potable water lines or connections
16 thereto, sanitary sewer lines, swimming pool piping and
17 filters, or electrical power wiring.
18 (l) "Swimming pool/spa servicing contractor" means a
19 contractor whose scope of work involves the servicing and
20 repair of any swimming pool or hot tub or spa, whether public
21 or private. The scope of such work may include any necessary
22 piping and repairs, replacement and repair of existing
23 equipment, or installation of new additional equipment as
24 necessary. The scope of such work includes the reinstallation
25 of tile and coping, repair and replacement of all piping,
26 filter equipment, and chemical feeders of any type,
27 replastering, reconstruction of decks, and reinstallation or
28 addition of pool heaters. The installation, construction,
29 modification, substantial or complete disassembly, or
30 replacement of equipment permanently attached to and
31 associated with the pool or spa for the purpose of water
151
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 treatment or cleaning of the pool or spa requires licensure;
2 however, the usage of such equipment for the purposes of water
3 treatment or cleaning shall not require licensure unless the
4 usage involves construction, modification, substantial or
5 complete disassembly, or replacement of such equipment. Water
6 treatment that does not require such equipment does not
7 require a license. In addition, a license shall not be
8 required for the cleaning of the pool or spa in any way that
9 does not affect the structural integrity of the pool or spa or
10 its associated equipment.
11 (19) "Initial issuance" means the first time a
12 certificate or registration is granted to an individual or
13 business organization, including the first time an individual
14 becomes a qualifying agent for that business organization and
15 the first time a business organization is qualified by that
16 individual.
17 Section 107. Subsections (4) and (6) of section
18 489.107, Florida Statutes, are amended to read:
19 489.107 Construction Industry Licensing Board.--
20 (4) The board shall be divided into two divisions,
21 Division I and Division II.
22 (a) Division I is comprised of the general contractor,
23 building contractor, and residential contractor members of the
24 board; one of the members appointed pursuant to paragraph
25 (2)(j); and one of the members appointed pursuant to paragraph
26 (2)(k). Division I has jurisdiction over the examination and
27 regulation of general contractors, building contractors, and
28 residential contractors.
29 (b) Division II is comprised of the roofing
30 contractor, sheet metal contractor, air-conditioning
31 contractor, mechanical contractor, pool contractor, plumbing
152
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 contractor, and underground utility and excavation contractor
2 members of the board; one of the members appointed pursuant to
3 paragraph (2)(j); and one of the members appointed pursuant to
4 paragraph (2)(k). Division II has jurisdiction over the
5 examination and regulation of contractors defined in s.
6 489.105(3)(d)-(p).
7 (c) Jurisdiction for the examination and regulation of
8 specialty contractors defined in s. 489.105(3)(q) shall lie
9 with the division having jurisdiction over the scope of work
10 of the specialty contractor as defined by board rule.
11 (6) The Construction Industry Licensing Board and the
12 Electrical Contractors' Licensing Board shall each appoint a
13 committee to meet jointly in joint session at least twice a
14 year.
15 Section 108. Subsection (1) of section 489.109,
16 Florida Statutes, is amended to read:
17 489.109 Fees.--
18 (1) The board, by rule, shall establish reasonable
19 fees to be paid for applications, examination, certification
20 and renewal, registration and renewal, and recordmaking and
21 recordkeeping. The fees shall be established as follows:
22 (a) With respect to an applicant for a certificate,
23 the initial application and examination fee may not exceed
24 $150, and, the combined cost of the application and
25 examination may not exceed $350., and The initial
26 certification fee and the renewal fee may not exceed $200.
27 However, any applicant who seeks certification under this part
28 by taking a practical examination must pay as an examination
29 fee the actual cost incurred by the department in developing,
30 preparing, administering, scoring, score reporting, and
31
153
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 evaluating in conducting the examination, if the examination
2 is conducted by the department.
3 (b) With respect to an applicant for registration, the
4 initial application fee may not exceed $100, and the initial
5 registration fee and the renewal fee may not exceed $200.
6 (c) The board, by rule, may establish delinquency
7 fees, not to exceed the applicable renewal fee for renewal
8 applications made after the expiration date of the certificate
9 or registration.
10 (d) The board, by rule, may establish a fee for
11 transfer of a certificate or registration from one business
12 organization to another, not to exceed the applicable renewal
13 fee.
14 (e) The board, by rule, shall impose a renewal fee for
15 an inactive status certificate or registration, not to exceed
16 the renewal fee for an active status certificate or
17 registration. Neither the inactive certification fee nor the
18 inactive registration fee may exceed $50. The board, by rule,
19 may provide for a different fee for inactive status where such
20 status is sought by a building code administrator, plans
21 examiner, or inspector certified pursuant to part XIII of
22 chapter 468 who is employed by a local government and is not
23 allowed by the terms of such employment to maintain a
24 certificate on active status issued pursuant to this part.
25 (f) The board, by rule, shall impose an additional
26 late fee on a delinquent status certificateholder or
27 registrant when such certificateholder or registrant applies
28 for active or inactive status.
29 (g) The board, by rule, shall impose an additional
30 fee, not to exceed the applicable renewal fee, which
31 reasonably reflects the costs of processing a
154
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 certificateholder's or registrant's request to change
2 licensure status at any time other than at the beginning of a
3 licensure cycle.
4 Section 109. Section 489.111, Florida Statutes, is
5 amended to read:
6 489.111 Licensure by examination Examinations.--
7 (1) Any person who desires to be certified shall apply
8 to the department in writing to take the certification
9 examination.
10 (2) A person shall be eligible for licensure by
11 entitled to take the examination for the purpose of
12 determining whether he is qualified to engage in contracting
13 throughout this state if the person:
14 (a) Is 18 years of age;
15 (b) Is of good moral character; and
16 (c) Meets eligibility requirements according to one of
17 the following criteria:
18 1. Has received a baccalaureate degree from an
19 accredited 4-year college in the appropriate field of
20 engineering, architecture, or building construction and has 1
21 year of proven experience in the category in which the person
22 seeks to qualify. For the purpose of this part, a minimum of
23 2,000 man-hours shall be used in determining full-time
24 equivalency.
25 2. Has a total of at least 4 years of active
26 experience as a workman who has learned his trade by serving
27 an apprenticeship as a skilled workman who is able to command
28 the rate of a mechanic in his particular trade or as a foreman
29 who is in charge of a group of workmen and usually is
30 responsible to a superintendent or a contractor or his
31
155
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 equivalent, provided, however, that at least 1 year of active
2 experience shall be as a foreman.
3 3. Has a combination of not less than 1 year of
4 experience as a foreman and not less than 3 years of credits
5 for any accredited college-level courses; has a combination of
6 not less than 1 year of experience as a skilled workman, 1
7 year of experience as a foreman, and not less than 2 years of
8 credits for any accredited college-level courses; or has a
9 combination of not less than 2 years of experience as a
10 skilled workman, 1 year of experience as a foreman, and not
11 less than 1 year of credits for any accredited college-level
12 courses. For the number of years of credits for any accredited
13 college-level courses, the applicant shall show completion of
14 an equal number of courses in the appropriate field of
15 engineering, architecture, or building construction. All
16 junior college or community college-level courses shall be
17 considered accredited college-level courses.
18 4.a. An active certified residential contractor is
19 eligible to take the building contractors' examination if he
20 possesses a minimum of 3 years of proven experience in the
21 classification in which he is certified.
22 b. An active certified residential contractor is
23 eligible to take the general contractors' examination if he
24 possesses a minimum of 4 years of proven experience in the
25 classification in which he is certified.
26 c. An active certified building contractor is eligible
27 to take the general contractors' examination if he possesses a
28 minimum of 4 years of proven experience in the classification
29 in which he is certified.
30 5.a. An active certified air-conditioning Class C
31 contractor is eligible to take the air-conditioning Class B
156
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 contractors' examination if he possesses a minimum of 3 years
2 of proven experience in the classification in which he is
3 certified.
4 b. An active certified air-conditioning Class C
5 contractor is eligible to take the air-conditioning Class A
6 contractors' examination if he possesses a minimum of 4 years
7 of proven experience in the classification in which he is
8 certified.
9 c. An active certified air-conditioning Class B
10 contractor is eligible to take the air-conditioning Class A
11 contractors' examination if he possesses a minimum of 1 year
12 of proven experience in the classification in which he is
13 certified.
14 6.a. An active certified swimming pool servicing
15 contractor is eligible to take the residential swimming pool
16 contractors' examination if he possesses a minimum of 3 years
17 of proven experience in the classification in which he is
18 certified.
19 b. An active certified swimming pool servicing
20 contractor is eligible to take the swimming pool commercial
21 contractors' examination if he possesses a minimum of 4 years
22 of proven experience in the classification in which he is
23 certified.
24 c. An active certified residential swimming pool
25 contractor is eligible to take the commercial swimming pool
26 contractors' examination if he possesses a minimum of 1 year
27 of proven experience in the classification in which he is
28 certified.
29 (3)(a) The board may refuse to certify an applicant
30 for failure to satisfy the requirement of good moral character
31 only if:
157
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 1. There is a substantial connection between the lack
2 of good moral character of the applicant and the professional
3 responsibilities of a certified contractor; and
4 2. The finding by the board of lack of good moral
5 character is supported by clear and convincing evidence.
6 (b) When an applicant is found to be unqualified for a
7 certificate because of a lack of good moral character, the
8 board shall furnish the applicant a statement containing the
9 findings of the board, a complete record of the evidence upon
10 which the determination was based, and a notice of the rights
11 of the applicant to a rehearing and appeal.
12 (4) The department shall ensure that a sensitivity
13 review committee has been established including
14 representatives of various ethnic/minority groups. No question
15 found by this committee to be discriminatory against any
16 ethnic/minority group shall be included in the examination.
17 Section 110. Subsections (1), (2), and (10) of section
18 489.113, Florida Statutes, are amended to read:
19 489.113 Qualifications for practice; restrictions.--
20 (1) Any person who desires to engage in contracting on
21 a statewide basis shall, as a prerequisite thereto, establish
22 his competency and qualifications to be certified pursuant to
23 this part. To establish his competency, a person shall pass
24 the appropriate examination approved by the board and
25 certified administered by the department. Any person who
26 desires to engage in contracting on other than a statewide
27 basis shall, as a prerequisite thereto, be registered pursuant
28 to this part, unless exempted by this part.
29 (2) A No person who is not certified or registered may
30 not shall engage in the business of contracting in this state.
31 However, for purposes of complying with the provisions of this
158
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 chapter, a person who is not certified or registered may
2 perform construction work under the supervision of a person
3 who is certified or registered, provided that the work is
4 within the scope of the supervisor's license and provided that
5 the person being supervised is not engaged in construction
6 work which would require a license as a contractor under any
7 of the categories listed in s. 489.105(3)(d)-(o). However, if
8 the person being supervised is engaged in construction work
9 that would require a license as an underground utility and
10 excavation contractor, such person may be engaged on a
11 contract basis by the licensed underground utility and
12 excavation contractor to perform such work, provided the
13 person so employed is in compliance with the provisions of
14 this subsection and provided the activities of such person are
15 limited to a narrow specialty which does not have a separate
16 corresponding state or local licensure category and the narrow
17 scope of experience of which does not qualify the person to
18 take the examination for any available state or local license
19 which would allow the person to perform that activity. This
20 subsection does not affect the application of any local
21 construction licensing ordinances. To enforce this subsection:
22 (a) The department shall issue a cease and desist
23 order to prohibit any person from engaging in the business of
24 contracting who does not hold the required certification or
25 registration for the work being performed under this part. For
26 the purpose of enforcing a cease and desist order, the
27 department may file a proceeding in the name of the state
28 seeking issuance of an injunction or a writ of mandamus
29 against any person who violates any provision of such order.
30 (b) A county, municipality, or local licensing board
31 created by special act may issue a cease and desist order to
159
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 prohibit any person from engaging in the business of
2 contracting who does not hold the required certification or
3 registration for the work being performed under this part.
4 (10) The addition of a new type of contractor or the
5 expansion of the scope of practice of any type of contractor
6 under this part shall not limit the scope of practice of any
7 existing type of contractor under this part unless the
8 Legislature expressly provides such a limitation.
9 Section 111. Section 489.1136, Florida Statutes, is
10 created to read:
11 489.1136 Medical gas certification.--
12 (1)(a) In addition to the certification or
13 registration required to engage in business as a plumbing
14 contractor, any plumbing contractor who wishes to engage in
15 the business of installation, improvement, repair, or
16 maintenance of any tubing, pipe, or similar conduit used to
17 transport gaseous or partly gaseous substances for medical
18 purposes shall take, as part of the contractor's continuing
19 education requirement, at least once during the holding of
20 such license, a course of at least of 6 hours. Such course
21 shall be given by an instructional facility or teaching entity
22 that has been approved by the board. In order for a course to
23 be approved, the board must find that the course is designed
24 to teach familiarity with the National Fire Prevention
25 Association Standard 99C (Standard on Gas and Vacuum Systems,
26 latest edition) and also designed to teach familiarity and
27 practical ability in performing and inspecting brazing duties
28 required of medical gas installation, improvement, repair, or
29 maintenance work. Such course shall issue a certificate of
30 completion to the taker of the course, which certificate shall
31 be available for inspection by any entity or person seeking to
160
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 have such contractor engage in the business of installation,
2 improvement, repair, or maintenance of a medical gas system.
3 (b) Any other natural person who is employed by a
4 licensed plumbing contractor to provide work on the
5 installation, improvement, repair, or maintenance of a medical
6 gas system, except as noted in paragraph (c), shall as a
7 prerequisite to his or her ability to provide such service
8 take a course approved by the board. Such course shall be at
9 least 8 hours and consist of both classroom and practical work
10 designed to teach familiarity with the National Fire
11 Prevention Association Standard 99C (Standard on Gas and
12 Vacuum Systems, latest edition) and also designed to teach
13 familiarity and practical ability in performing and inspecting
14 brazing duties required of medical gas installation,
15 improvement, repair, or maintenance work. Such course shall
16 also include the administration of a practical examination in
17 the skills required to perform work as outlined above,
18 including brazing, and each examination shall be reasonably
19 constructed to test for knowledge of the subject matter. The
20 person taking such course and examination must, upon
21 successful completion of both, be issued a certificate of
22 completion by the giver of such course, which certificate
23 shall be made available by the holder for inspection by any
24 person or entity seeking to have such person perform work on
25 the installation, improvement, repair, or maintenance of a
26 medical gas system.
27 (c) Any other natural person who wishes to perform
28 only brazing duties incidental to the installation,
29 improvement, repair, or maintenance of a medical gas system
30 shall pass an examination designed to show that person's
31 familiarity with and practical ability in performing brazing
161
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 duties required of medical gas installation, improvement,
2 repair, or maintenance. Such examination shall be from a test
3 approved by the board. Such examination must test for
4 knowledge of National Fire Prevention Association Standard 99C
5 (Standard on Gas and Vacuum Systems, latest edition). The
6 person taking such examination must, upon passing such
7 examination, be issued a certificate of completion by the
8 giver of such examination, and such certificate shall be made
9 available by the holder for inspection by any person or entity
10 seeking to have or employ such person to perform brazing
11 duties on a medical gas system.
12 (d) It is the responsibility of the licensed plumbing
13 contractor to ascertain whether members of his or her
14 workforce are in compliance with this subsection, and such
15 contractor is subject to discipline pursuant to s. 489.129 for
16 violation of this subsection.
17 (e) Training programs in medical gas piping
18 installation, improvement, repair, or maintenance shall be
19 reviewed annually by the board to ensure that programs have
20 been provided equitably across the state.
21 (f) Periodically, the board shall review training
22 programs in medical gas piping installation for quality in
23 content and instruction in accordance with the National Fire
24 Prevention Association Standard 99C (Standard on Gas and
25 Vacuum Systems, latest edition). The board shall also respond
26 to complaints regarding approved programs.
27 (g) Training required under this section for current
28 licensees must be met by October 1, 1999.
29 (2)(a) On any job site where a medical gas system is
30 being installed, improved, repaired, or maintained, it is
31 required that a person qualified under paragraph (1)(a) or
162
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 paragraph (1)(b) must be present. When any brazing work is
2 performed by a person qualified under paragraph (1)(c), a
3 person qualified under paragraph (1)(a) or paragraph (1)(b)
4 must be present.
5 (b) It is the responsibility of the licensed
6 contractor to ascertain whether members of his or her
7 workforce are in compliance with paragraph (a), and such
8 contractor is subject to discipline pursuant to s. 489.129 for
9 violation of this subsection.
10 (3) The term "medical" as used in this section means
11 any medicinal, life-supporting, or health-related purpose. Any
12 and all gaseous or partly gaseous substance used in medical
13 patient care and treatment shall be presumed for the purpose
14 of this section to be used for medical purposes.
15 Section 112. Subsection (4) is added to section
16 553.06, Florida Statutes, to read:
17 553.06 State Plumbing Code.--
18 (4) All installations, improvements, maintenance, or
19 repair relating to tubing, pipe, or similar conduit used to
20 transport gaseous or partly gaseous substances for medical
21 purposes shall be governed and regulated under National Fire
22 Prevention Association Standard 99C (Standard on Gas and
23 Vacuum Systems, latest edition). Notwithstanding the
24 prohibition of s. 553.11, no county or municipality is exempt
25 or excepted from the requirements of this subsection.
26 Section 113. Paragraph (b) of subsection (4) of
27 section 489.115, Florida Statutes, is amended, and subsection
28 (7) is added to said section, to read:
29 489.115 Certification and registration; endorsement;
30 renewals; continuing education.--
31 (4)
163
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (b)1. Each certificateholder or registrant shall
2 provide proof, in a form established by rule of the board,
3 that the certificateholder or registrant has completed at
4 least 14 classroom hours of at least 50 minutes each of
5 continuing education courses during each biennium since the
6 issuance or renewal of the certificate or registration. The
7 board shall establish by rule that a portion of the required
8 14 hours must deal with the subject of workers' compensation,
9 business practices, and workplace safety. The board shall by
10 rule establish criteria for the approval of continuing
11 education courses and providers and may by rule establish
12 criteria for accepting alternative nonclassroom continuing
13 education on an hour-for-hour basis.
14 2. In addition, the board may approve specialized
15 continuing education courses on compliance with the wind
16 resistance provisions for one and two family dwellings
17 contained in the State Minimum Building Codes and any
18 alternate methodologies for providing such wind resistance
19 which have been approved for use by the Board of Building
20 Codes and Standards. Division I certificateholders or
21 registrants who demonstrate proficiency upon completion of
22 such specialized courses may certify plans and specifications
23 for one and two family dwellings to be in compliance with the
24 code or alternate methodologies, as appropriate, except for
25 dwellings located in floodways or coastal hazard areas as
26 defined in ss. 60.3D and E of the National Flood Insurance
27 Program.
28 (7) If a certificateholder or registrant holds a
29 license under both this part and part II and is required to
30 have continuing education courses under s. 489.517(3), the
31 certificateholder or registrant may apply those course hours
164
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 for workers' compensation, workplace safety, and business
2 practices obtained under part II to the requirements under
3 this part.
4 Section 114. Paragraph (a) of subsection (3) of
5 section 489.119, Florida Statutes, 1996 Supplement, is amended
6 to read:
7 489.119 Business organizations; qualifying agents.--
8 (3)(a) The qualifying agent shall be certified or
9 registered under this part in order for the business
10 organization to be certified or registered in the category of
11 the business conducted for which the qualifying agent is
12 certified or registered. If any qualifying agent ceases to be
13 affiliated with such business organization, he shall so inform
14 the department. In addition, if such qualifying agent is the
15 only certified or registered contractor affiliated with the
16 business organization, the business organization shall notify
17 the department of the termination of the qualifying agent and
18 shall have 60 days from the termination of the qualifying
19 agent's affiliation with the business organization in which to
20 employ another qualifying agent. The business organization
21 may not engage in contracting until a qualifying agent is
22 employed, unless the executive director or chair of the board
23 has granted a temporary nonrenewable certificate or
24 registration to the financially responsible officer, the
25 president, a partner, or, in the case of a limited
26 partnership, the general partner, who assumes all
27 responsibilities of a primary qualifying agent for the entity.
28 This temporary certificate or registration shall only allow
29 the entity to proceed with incomplete contracts as defined in
30 s. 489.121. For the purposes of this paragraph, an incomplete
31 contract is one which has been awarded to, or entered into by,
165
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 the business organization prior to the cessation of
2 affiliation of the qualifying agent with the business
3 organization or one on which the business organization was the
4 low bidder and the contract is subsequently awarded,
5 regardless of whether any actual work has commenced under the
6 contract prior to the qualifying agent ceasing to be
7 affiliated with the business organization.
8 Section 115. Subsections (1) and (2) of section
9 489.127, Florida Statutes, 1996 Supplement, are amended to
10 read:
11 489.127 Prohibitions; penalties.--
12 (1) No person shall:
13 (a) Falsely hold himself or a business organization
14 out as a licensee, certificateholder, or registrant;
15 (b) Falsely impersonate a certificateholder or
16 registrant;
17 (c) Present as his own the certificate or registration
18 of another;
19 (d) Knowingly give false or forged evidence to the
20 board or a member thereof;
21 (e) Use or attempt to use a certificate or
22 registration which has been suspended or revoked;
23 (f) Engage in the business or act in the capacity of a
24 contractor or advertise himself or a business organization as
25 available to engage in the business or act in the capacity of
26 a contractor without being duly registered or certified;
27 (g) Operate a business organization engaged in
28 contracting after 60 days following the termination of its
29 only qualifying agent without designating another primary
30 qualifying agent, except as provided in ss. 489.119 and
31 489.1195;
166
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (h) Commence or perform work for which a building
2 permit is required pursuant to an adopted state minimum
3 building code without such building permit being in effect; or
4 (i) Willfully or deliberately disregard or violate any
5 municipal or county ordinance relating to uncertified or
6 unregistered contractors.
7
8 For purposes of this subsection, a person or business
9 organization operating on an inactive or suspended certificate
10 or registration, or operating beyond the scope of work or
11 geographical scope of the registration, is not duly certified
12 or registered and is considered to be unlicensed.
13 (2)(a) Any unlicensed person who violates any of the
14 provisions of subsection (1) commits a misdemeanor of the
15 first degree, punishable as provided in s. 775.082 or s.
16 775.083.
17 (b) Any unlicensed person who performs, offers to
18 perform, or contracts to perform work which requires licensure
19 under this part, the value of which exceeds $1,000, commits a
20 felony of the third degree, punishable as provided in s.
21 775.082 or s. 775.083.
22 (c)(b) Any unlicensed person who commits a violation
23 of paragraphs (a) through (f) of subsection (1) after having
24 been previously found guilty of such a violation, regardless
25 of adjudication thereof, commits a felony of the third degree,
26 punishable as provided in s. 775.082 or s. 775.083.
27 (d)(c) Any unlicensed person who commits a violation
28 of paragraphs (a) through (f) of subsection (1) during the
29 existence of a state of emergency declared by executive order
30 of the Governor commits a felony of the third degree,
31 punishable as provided in s. 775.082 or s. 775.083.
167
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (e)(d) Any person who operates as a pollutant storage
2 systems contractor, precision tank tester, or internal
3 pollutant storage tank lining applicator in violation of
4 subsection (1) commits a felony of the third degree,
5 punishable as provided in s. 775.082 or s. 775.083.
6 (f) Any licensed contractor who willfully operates
7 outside the geographical scope of the contractor's
8 registration, or who operates outside the scope of the
9 contractor's certificate or registration, commits a
10 misdemeanor of the first degree, punishable as provided in s.
11 775.082 or s. 775.083.
12
13 The remedies set forth in this subsection are not exclusive
14 and may be imposed in addition to the remedies set forth in s.
15 489.129(2). Moreover, prosecution under this part does not
16 preclude prosecution under other applicable criminal statutes.
17 Section 116. Section 489.140, Florida Statutes, is
18 amended to read:
19 489.140 Construction Industries Recovery Fund.--There
20 is created the Florida Construction Industries Recovery Fund
21 as a separate account in the Professional Regulation Trust
22 Fund.
23 (1) The Florida Construction Industries Recovery Fund
24 shall be disbursed as provided in s. 489.143, on order of the
25 board, as reimbursement to any natural person adjudged by a
26 court of competent jurisdiction to have suffered monetary
27 damages, or to whom the licensee has been ordered to pay
28 restitution by the board, where the judgment or restitution
29 order is based on a violation of s. 489.129(1)(d), (h), (k),
30 or (l), committed by any contractor, financially responsible
31 officer, or business organization licensed under the
168
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 provisions of this part at the time the violation was
2 committed, and providing that the violation occurs after July
3 1, 1993.
4 (2) The Construction Industries Recovery Fund shall be
5 funded out of the receipts deposited in the Professional
6 Regulation Trust Fund from the one-half cent per square foot
7 surcharge on building permits collected and disbursed pursuant
8 to s. 468.631.
9 (3) In addition, any surplus of moneys collected from
10 the fines imposed by the board and collected by the department
11 shall be transferred into the Construction Industries Recovery
12 Fund.
13 Section 117. Section 489.141, Florida Statutes, is
14 amended to read:
15 489.141 Conditions for recovery; eligibility.--
16 (1) Any person is eligible to seek recovery from the
17 Construction Industries Recovery Fund after having made a
18 claim and exhausting the limits of any available bond, cash
19 bond, surety, guarantee, warranty, letter of credit, or policy
20 of insurance, if:
21 (a) Such person has received final judgment in a court
22 of competent jurisdiction in this state in any action wherein
23 the cause of action was based on a construction contract or
24 the Construction Industry Licensing Board has issued a final
25 order directing the licensee to pay restitution to the
26 claimant based upon a violation of s. 489.129(1)(d), (h), (k),
27 or (l), where the contract was executed and the violation
28 occurred on or after July 1, 1993, and provided that:
29 1. At the time the action was commenced, such person
30 gave notice thereof to the board by certified mail; except
31 that, if no notice has been given to the board, the claim may
169
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 still be honored if the board finds good cause to waive the
2 notice requirement;
3 1.a.2. Such person has caused to be issued a writ of
4 execution upon such judgment, and the officer executing the
5 writ has made a return showing that no personal or real
6 property of the judgment debtor or licensee liable to be
7 levied upon in satisfaction of the judgment can be found or
8 that the amount realized on the sale of the judgment debtor's
9 or licensee's property pursuant to such execution was
10 insufficient to satisfy the judgment; or
11 b.3. If such person is unable to comply with
12 sub-subparagraph a. subparagraph 2. for a valid reason to be
13 determined by the board, such person has made all reasonable
14 searches and inquiries to ascertain whether the judgment
15 debtor or licensee is possessed of real or personal property
16 or other assets subject to being sold or applied in
17 satisfaction of the judgment and by his search he has
18 discovered no property or assets or he has discovered property
19 and assets and has taken all necessary action and proceedings
20 for the application thereof to the judgment but the amount
21 thereby realized was insufficient to satisfy the judgment; or
22 2.(b) The claimant has made a diligent attempt, as
23 defined by board rule, to collect the restitution awarded by
24 the board; and
25 (b)(c) A claim for recovery is made within 2 years
26 from the time of the act giving rise to the claim or within 2
27 years from the time the act is discovered or should have been
28 discovered with the exercise of due diligence; however, in no
29 event may a claim for recovery be made more than 4 years after
30 the date of the act giving rise to the claim or more than 1
31
170
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 year after the conclusion of any civil or administrative
2 action based on the act, whichever is later; and
3 (c)(d) Any amounts recovered by such person from the
4 judgment debtor or licensee, or from any other source, have
5 been applied to the damages awarded by the court or the amount
6 of restitution ordered by the board; and
7 (d)(e) Such person is not a person who is precluded by
8 this act from making a claim for recovery.
9 (2) A person is not qualified to make a claim for
10 recovery from the Construction Industries Recovery Fund, if:
11 (a) The claimant is the spouse of the judgment debtor
12 or licensee or a personal representative of such spouse;
13 (b) The claimant is a licensee certificateholder or
14 registrant who acted as the contractor in the transaction
15 which is the subject of the claim;
16 (c) Such person's claim is based upon a construction
17 contract in which the licensee certificateholder or registrant
18 was acting with respect to the property owned or controlled by
19 the licensee certificateholder or registrant;
20 (d) Such person's claim is based upon a construction
21 contract in which the contractor did not hold a valid and
22 current license at the time of the construction contract; or
23 (e) Such person was associated in a business
24 relationship with the licensee certificateholder or registrant
25 other than the contract at issue.
26 (f) Such person has suffered damages as the result of
27 making improper payments to a contractor as defined in chapter
28 713, part I.
29 Section 118. Section 489.142, Florida Statutes, is
30 amended to read:
31
171
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 489.142 Board powers relating to recovery upon
2 notification of commencement of action.--With respect to
3 actions for recovery from the Construction Industries Recovery
4 Fund When the board receives certified notice of any action,
5 as required by s. 489.141(1)(a), the board may intervene,
6 enter an appearance, file an answer, defend the action, or
7 take any action it deems appropriate and may take recourse
8 through any appropriate method of review on behalf of the
9 State of Florida.
10 Section 119. Section 489.143, Florida Statutes, 1996
11 Supplement, is amended to read:
12 489.143 Payment from the fund.--
13 (1) Any person who meets all of the conditions
14 prescribed in s. 489.141(1) may apply to the board to cause
15 payment to be made to such person from the Construction
16 Industries Recovery Fund in an amount equal to the judgment or
17 restitution order, exclusive of postjudgment interest, against
18 the licensee certificateholder or $25,000, whichever is less,
19 or an amount equal to the unsatisfied portion of such person's
20 judgment or restitution order, exclusive of postjudgment
21 interest, or $25,000, whichever is less, but only to the
22 extent and amount reflected in the judgment or restitution
23 order as being actual or compensatory damages. The fund is not
24 obligated to pay any portion of any judgment, or any judgment
25 or restitution order, or any portion thereof, which is not
26 expressly based on one of the grounds for recovery set forth
27 in s. 489.140(1).
28 (2) Upon receipt by a claimant under subsection (1) of
29 payment from the Construction Industries Recovery Fund, the
30 claimant shall assign his additional right, title, and
31 interest in the judgment or restitution order, to the extent
172
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 of such payment, to the board, and thereupon the board shall
2 be subrogated to the right, title, and interest of the
3 claimant; and any amount subsequently recovered on the
4 judgment or restitution order by the board, to the extent of
5 the right, title, and interest of the board therein, shall be
6 for the purpose of reimbursing the Construction Industries
7 Recovery Fund.
8 (3) Payments for claims arising out of the same
9 transaction shall be limited, in the aggregate, to $25,000,
10 regardless of the number of claimants involved in the
11 transaction.
12 (4) Payments for claims against any one licensee
13 certificateholder or registrant shall not exceed, in the
14 aggregate, $100,000.
15 (5) Claims shall be paid in the order filed, up to the
16 aggregate limits for each transaction and licensee and to the
17 limits of the amount appropriated to pay claims against the
18 fund for the fiscal year in which the claims were filed.
19 (6) If the annual appropriation is exhausted with
20 claims pending, such claims shall be carried forward to the
21 next fiscal year. Any moneys in excess of pending claims
22 remaining in the Construction Industries Recovery Fund at the
23 end of the fiscal year shall be paid as provided in s.
24 468.631.
25 (5) If at any time the claims pending against the fund
26 exceed 80 percent of the fund balance plus anticipated revenue
27 for the next two quarters, the board shall accept no further
28 claims until such time as the board is given express
29 authorization and funding from the Legislature.
30 (7)(6) Upon the payment of any amount from the
31 Construction Industries Recovery Fund in settlement of a claim
173
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 in satisfaction of a judgment or restitution order against a
2 licensee certificateholder as described in s. 489.141(1), the
3 license of such licensee certificateholder shall be
4 automatically suspended, without further administrative
5 action, upon the date of payment from the fund. The license
6 of such licensee certificateholder shall not be reinstated
7 until he has repaid in full, plus interest, the amount paid
8 from the fund. A discharge of bankruptcy does not relieve a
9 person from the penalties and disabilities provided in this
10 section.
11 Section 120. Section 489.1455, Florida Statutes, is
12 created to read:
13 489.1455 Journeyman; reciprocity; standards.--
14 (1) An individual who holds a valid, active journeyman
15 license in the plumbing/pipe fitting, mechanical, or HVAC
16 trades issued by any county or municipality in this state may
17 work as a journeyman in any other county or municipality of
18 this state without taking an additional examination or paying
19 an additional license fee, if he or she:
20 (a) Has scored at least 70 percent, or after October
21 1, 1997, at least 75 percent, on a proctored journeyman Block
22 and Associates examination or other proctored examination
23 approved by the board for the trade in which he is licensed;
24 (b) Has completed an apprenticeship program registered
25 with the Department of Labor and Employment Security and
26 demonstrates 4 years' verifiable practical experience in the
27 electrical trade, or demonstrates 6 years' verifiable
28 practical experience in the trade for which he is licensed;
29 and
30 (c) Has not had a license suspended or revoked within
31 the last 5 years.
174
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) A local government may charge a registration fee
2 for reciprocity, not to exceed $25.
3 Section 118. Section 489.5335, Florida Statutes, is
4 created to read:
5 489.5335 Journeyman; reciprocity; standards.--
6 (1) An individual who holds a valid, active journeyman
7 license in the electrical trade issued by any county or
8 municipality in this state may work as a journeyman in any
9 other county or municipality of this state without taking an
10 additional examination or paying an additional license fee, if
11 he or she:
12 (a) Has scored at least 70 percent, or after October
13 1, 1997, at least 75 percent, on a proctored journeyman Block
14 and Associates examination or other proctored examination
15 approved by the board for the electrical trade;
16 (b) Has completed an apprenticeship program registered
17 with the Department of Labor and Employment Security and
18 demonstrates 4 years' verifiable practical experience in the
19 electrical trade, or demonstrates 6 years' verifiable
20 practical experience in the electrical trade; and
21 (c) Has not had a license suspended or revoked within
22 the last 5 years.
23 (2) A local government may charge a registration fee
24 for reciprocity, not to exceed $25.
25 Section 121. Subsections (4) and (14) of section
26 489.503, Florida Statutes, 1996 Supplement, are amended, and
27 subsections (17), (18), and (19) are added to said section, to
28 read:
29 489.503 Exemptions.--This part does not apply to:
30 (4) Public utilities, on construction, maintenance,
31 and development work performed by their forces and incidental
175
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 to their facilities or incidental to the business of a
2 telecommunications company licensed under chapter 364.
3 (14) The installation of, repair of, alteration of,
4 addition to, or design of electrical wiring, fixtures,
5 appliances, thermostats, apparatus, raceways, and conduit, or
6 any part thereof, when those items are for the purpose of
7 transmitting data, voice communications, or commands as part
8 of:
9 (a) A system of telecommunications, including
10 computers, telephone customer premises equipment, or premises
11 wiring; or
12 (b) A cable television, community antenna television,
13 or radio distribution system.
14
15 The scope of this exemption is limited to electrical circuits
16 and equipment governed by the applicable provisions of
17 Articles 725 (Classes 2 and 3 circuits only), 770, 800, 810,
18 and 820 of the National Electrical Code, current edition, or
19 47 C.F.R. part 68. Additionally, a company certified under
20 chapter 364 is not subject to any local ordinance that
21 requires a permit for work performed by its employees related
22 to low voltage electrical work, including related technical
23 codes and regulations. This exemption shall apply only if such
24 work is requested by the company's customer, is required in
25 order to complete phone service, is incidental to provision of
26 telecommunication service as required by chapter 364, and is
27 not actively competitive in nature or the subject of a
28 competitive bid. The definition of "employee" established in
29 subsection (1) applies to this exemption and does not include
30 subcontractors.
31
176
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (17) The monitoring of an alarm system without fee by
2 a direct employee of a law enforcement agency or of a county,
3 municipal, or special-district fire department or by a law
4 enforcement officer or fire official acting in an official
5 capacity.
6 (18) The monitoring of an alarm system by a direct
7 employee of any state or federally chartered financial
8 institution, as defined in s. 655.005(1)(h), or any parent,
9 affiliate, or subsidiary thereof, so long as:
10 (a) The institution is subject to, and in compliance
11 with, s. 3 of the Federal Bank Protection Act of 1968, 12
12 U.S.C. s. 1882;
13 (b) The alarm system is in compliance with all
14 applicable firesafety standards as set forth in chapter 633;
15 and
16 (c) The monitoring is limited to an alarm system
17 associated with:
18 1. The commercial property where banking operations
19 are housed or where other operations are conducted by a state
20 or federally chartered financial institution, as defined in s.
21 655.005(1)(h), or any parent, affiliate, or subsidiary
22 thereof; or
23 2. The private property occupied by the institution's
24 executive officers, as defined in s. 655.005(1)(f),
25
26 and does not otherwise extend to the monitoring of residential
27 systems.
28 (19) The monitoring of an alarm system of a business
29 by the direct employees of that business, so long as:
30 (a) The alarm system is the exclusive property of, or
31 is leased by, the business;
177
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (b) The alarm system complies with all applicable
2 firesafety standards as set forth in chapter 633; and
3 (c) The alarm system is designed to protect only the
4 commercial premises leased by the business endeavor or
5 commercial premises owned by the business endeavor and not
6 leased to another.
7
8 This exemption is intended to allow businesses to monitor
9 their own alarm systems and is not limited to monitoring a
10 single location of that business. However, it is not intended
11 to enable the owner of any apartment complex, aggregate
12 housing, or commercial property to monitor alarm systems on
13 property leased or rented to the residents, clients, or
14 customers thereof.
15 Section 122. Subsection (24) of section 489.505,
16 Florida Statutes, 1996 Supplement, is repealed, subsections
17 (1) and (7) are amended, subsection (26) is renumbered as
18 subsection (25) and amended, present subsections (25) and (27)
19 are renumbered as subsections (24) and (26), respectively, and
20 a new subsection (27) is added to said section, to read:
21 489.505 Definitions.--As used in this part:
22 (1) "Alarm system" means any electrical device,
23 signaling device, or combination of electrical devices used to
24 signal or detect a situation which causes an alarm in the
25 event of a burglary, fire, robbery, or medical emergency, or
26 equipment failure.
27 (7) "Certified alarm system contractor" means an alarm
28 system contractor who possesses a certificate of competency
29 issued by the department. The scope of certification is
30 limited to alarm circuits originating in the alarm control
31 panel and equipment governed by the applicable provisions of
178
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Articles 725, 760, 770, 800, and 810 of the National
2 Electrical Code, Current Edition, and National Fire Protection
3 Association Standard 72, Current Edition. The scope of
4 certification for alarm system contractors also includes the
5 installation, repair, fabrication, erection, alteration,
6 addition, or design of electrical wiring, fixtures,
7 appliances, thermostats, apparatus, raceways, and conduit, or
8 any part thereof not to exceed 77 volts, when those items are
9 for the purpose of transmitting data or proprietary video
10 (satellite systems that are not part of a community antenna
11 television or radio distribution system) or providing central
12 vacuum capability or electric locks; however, this provision
13 governing the scope of certification does not create any
14 mandatory licensure requirement.
15 (24) "Limited burglar alarm system contractor" means
16 an alarm system contractor whose business is limited to the
17 installation of burglar alarms in single-family homes and
18 two-family homes, mobile homes, and small commercial buildings
19 having a square footage of not more than 5,000 square feet and
20 who is registered with the department pursuant to s. 489.513
21 or s. 489.537(8).
22 (24)(25) "Licensure" means any type of certification
23 or registration provided for in this part.
24 (25)(26) "Alarm system agent" means a person:
25 (a) Who is employed by a licensed alarm system
26 contractor or licensed electrical contractor;
27 (b) Who is performing duties which are an element of
28 an activity which constitutes alarm system contracting
29 requiring licensure under this part; and
30 (c) Whose specific duties include any of the
31 following: altering, installing, maintaining, moving,
179
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 repairing, replacing, servicing, selling onsite, or monitoring
2 an alarm system for compensation.
3 (26)(27) "Personal emergency response system" means
4 any device which is simply plugged into a telephone jack or
5 electrical receptacle and which is designed to initiate a
6 telephone call to a person who responds to, or has a
7 responsibility to determine the proper response to, personal
8 emergencies.
9 (27) "Monitoring" means to receive electrical or
10 electronic signals, originating from any building within the
11 state, produced by any security, medical, fire, or burglar
12 alarm, closed circuit television camera, or related or similar
13 protective system and to initiate a response thereto. A
14 person shall not have committed the act of monitoring if:
15 (a) The person is an occupant of, or an employee
16 working within, protected premises;
17 (b) The person initiates emergency action in response
18 to hearing or observing an alarm signal;
19 (c) The person's action is incidental to his or her
20 primary responsibilities; and
21 (d) The person is not employed in a proprietary
22 monitoring facility, as defined by the National Fire
23 Protection Association pursuant to rule adopted under chapter
24 633.
25 Section 123. Subsection (5) of section 489.507,
26 Florida Statutes, is amended to read:
27 489.507 Electrical Contractors' Licensing Board.--
28 (5) The Electrical Contractors' Licensing Board and
29 the Construction Industry Licensing Board shall each appoint a
30 committee to meet jointly in joint session at least twice a
31 year.
180
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 124. Section 489.509, Florida Statutes, is
2 amended to read:
3 489.509 Fees.--
4 (1) The board, by rule, shall establish fees to be
5 paid for applications, examination, reexamination, transfers,
6 licensing and renewal, reinstatement, and recordmaking and
7 recordkeeping. The examination fee shall be in an amount that
8 covers the cost of obtaining and administering the examination
9 and shall be refunded if the applicant is found ineligible to
10 sit for the examination. The application fee is
11 nonrefundable. The fee for initial application and
12 examination for certification of electrical contractors may
13 not exceed $400. The initial application fee for registration
14 may not exceed $150. The biennial renewal fee may not exceed
15 $400 for certificateholders and $200 for registrants, and
16 shall be paid by June 30 of each biennial period. The fee for
17 initial application and examination for certification of alarm
18 system contractors may not exceed $400. The biennial renewal
19 fee for certified alarm system contractors may not exceed
20 $450. The board may establish a fee for a temporary
21 certificate as an alarm system contractor not to exceed $75.
22 The board may also establish by rule a delinquency fee not to
23 exceed $50. Failure to renew an active or inactive
24 certificate or registration within 90 days after the date of
25 renewal will result in the certificate or registration
26 becoming delinquent. The fee to transfer a certificate or
27 registration from one business organization to another may not
28 exceed $200. The fee for reactivation of an inactive license
29 may not exceed $50. The board shall establish fees that are
30 adequate to ensure the continued operation of the board. Fees
31 shall be based on department estimates of the revenue required
181
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 to implement this part and the provisions of law with respect
2 to the regulation of electrical contractors and alarm system
3 contractors.
4 (2) A person who is registered or holds a valid
5 certificate from the board may go on inactive status during
6 which time he shall not engage in contracting, but may retain
7 his certificate or registration on an inactive basis, on
8 payment of a renewal fee during the inactive period, not to
9 exceed $50 per renewal period.
10 Section 125. Paragraph (a) of subsection (2) and
11 paragraph (b) of subsection (5) of section 489.511, Florida
12 Statutes, are amended to read:
13 489.511 Certification; application; examinations;
14 endorsement.--
15 (2)(a) A person shall be entitled to take the
16 certification examination for the purpose of determining
17 whether he is qualified to engage in contracting throughout
18 the state as a contractor if the person:
19 1. Is at least 18 years of age;
20 2. Is of good moral character; and
21 3. Meets eligibility requirements according to one of
22 the following criteria:
23 a. Has, within the 6 years immediately preceding the
24 filing of the application, at least 3 years' proven management
25 experience in the trade or education equivalent thereto, or a
26 combination thereof, but not more than one-half of such
27 experience may be educational equivalent;
28 b. Has, within the 8 years immediately preceding the
29 filing of the application, at least 4 years' experience as a
30 foreman, supervisor, or contractor in the trade for which he
31 is making application;
182
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 c. Has, within the 12 years immediately preceding the
2 filing of the application, at least 6 years of comprehensive
3 training, technical education, or supervisory broad experience
4 associated with an electrical or alarm system contracting
5 business, or at least 6 years of technical experience in
6 electrical or alarm system work with the Armed Forces or a
7 governmental entity installation or servicing endeavor; or
8 d. Has, within the 12 years immediately preceding the
9 filing of the application, been licensed for 3 years as a
10 professional an engineer who is qualified by education,
11 training, or experience to practice electrical engineering; or
12 e. Has any combination of qualifications under
13 sub-subparagraphs a.-c. totaling 6 years of experience.
14 (5)
15 (b) For those specialty electrical or alarm system
16 contractors applying for certification under this part who
17 work in jurisdictions that do not require local licensure for
18 those activities for which the applicant desires to be
19 certified, the experience requirement may be met by
20 demonstrating at least 6 years of comprehensive training,
21 technical education, or supervisory broad experience, within
22 the 12 years immediately preceding the filing of the
23 application, in the type of specialty electrical or alarm
24 system work for which certification is desired. An affidavit
25 signed by the applicant's employer stating that the applicant
26 performed the work required under this paragraph shall be
27 sufficient to demonstrate to the board that the applicant has
28 met the experience requirement.
29 Section 126. Subsection (3) of section 489.513,
30 Florida Statutes, is amended to read:
31 489.513 Registration; application; requirements.--
183
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (3)(a) To be registered as an electrical contractor,
2 the applicant shall file evidence of holding a current
3 occupational license or a current license issued by any
4 municipality or county of the state for the type of work for
5 which registration is desired, on a form provided by the
6 department, together with evidence of successful compliance
7 with the local examination and licensing requirements, if any,
8 in the area for which registration is desired, accompanied by
9 the registration fee fixed pursuant to this part. No
10 examination may be required for registration as an electrical
11 contractor except for any examination required by a local
12 government to obtain the local licensure.
13 (b) To be registered as an electrical contractor, an
14 alarm system contractor I, an alarm system contractor II, or a
15 residential alarm system contractor, the applicant shall file
16 evidence of holding a current occupational license or a
17 current license issued by any municipality or county of the
18 state for the type of work for which registration is desired,
19 on a form provided by the department, if such a license is
20 required by that municipality or county, together with
21 evidence of having passed an appropriate local examination,
22 written or oral, designed to test skills and knowledge
23 relevant to the technical performance of the profession,
24 accompanied by the registration fee fixed pursuant to this
25 part. For any person working or wishing to work in any local
26 jurisdiction which does not issue a local license as an
27 electrical or alarm system contractor or does not require an
28 examination for its license, the applicant may apply and shall
29 be considered qualified to be issued a registration in the
30 appropriate electrical or alarm system category, provided that
31 he shows that he has scored at least 75 percent on an
184
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 examination which is substantially equivalent to the
2 examination approved by the board for certification in the
3 category and that he has had at least 3 years' technical
4 experience in the trade. The requirement to take and pass an
5 examination in order to obtain a registration shall not apply
6 to persons making application prior to the effective date of
7 this act.
8 Section 127. Subsection (4) is added to section
9 489.517, Florida Statutes, to read:
10 489.517 Renewal of certificate or registration;
11 continuing education.--
12 (4)(a) If a certificateholder or registrant holds a
13 license under both this part and part I and is required to
14 have continuing education courses under s. 489.115(4)(b)1.,
15 the certificateholder or registrant may apply those course
16 hours for workers' compensation, workplace safety, and
17 business practices obtained under part I to the requirements
18 under this part.
19 (b) Of the 14 classroom hours of continuing education
20 required, at least 7 hours must be on technical subjects, 1
21 hour on workers' compensation, 1 hour on workplace safety, and
22 1 hour on business practices.
23 Section 128. Subsection (2) of section 489.519,
24 Florida Statutes, is renumbered as subsection (3) and a new
25 subsection (2) is added to said section to read:
26 489.519 Inactive status.--
27 (2) Notwithstanding any provision of s. 455.271 to the
28 contrary, a certificateholder or registrant may apply to the
29 department for voluntary inactive status at any time during
30 the period of certification or registration.
31
185
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 Section 129. Subsection (8) of section 489.521,
2 Florida Statutes, is amended to read:
3 489.521 Business organizations; qualifying agents.--
4 (8) Each qualifying agent shall pay the department an
5 amount equal to the original fee for certification or
6 registration to qualify any additional business organizations.
7 If the qualifying agent for a business organization desires to
8 qualify additional business organizations, the board shall
9 require him to present evidence of supervisory ability and
10 financial responsibility of each such organization. Allowing
11 a licensee to qualify more than one business organization
12 shall be conditioned upon the licensee showing that the
13 licensee has both the capacity and intent to adequately
14 supervise each business organization. The board shall not
15 limit the number of business organizations which the licensee
16 may qualify except upon the licensee's failing to provide such
17 information as is required under this subsection or upon a
18 finding that such information or evidence as is supplied is
19 incomplete or unpersuasive in showing the licensee's ability
20 or intent to comply with the requirements of this subsection.
21 A qualification for an additional business organization may be
22 revoked or suspended upon a finding by the board that the
23 licensee has failed in the licensee's responsibility to
24 adequately supervise the operations of that business
25 organization. Failure of the responsibility to adequately
26 supervise the operations of a business organization shall be
27 grounds for denial to qualify additional business
28 organizations. The issuance of such certification or
29 registration is discretionary with the board.
30 Section 130. Subsection (1) of section 489.525,
31 Florida Statutes, is amended to read:
186
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 489.525 Reports of certified contractors to local
2 building officials.--
3 (1) The department shall inform all local boards or
4 building officials prior to December 31 October of each year
5 of the names of all certificateholders and the status of the
6 certificates.
7 Section 131. Section 489.529, Florida Statutes, 1996
8 Supplement, is amended to read:
9 489.529 Alarm verification calls required.--All
10 residential or commercial intrusion/burglary alarms that have
11 central monitoring must have a central monitoring verification
12 call made to the premises generating the alarm signal, prior
13 to alarm monitor personnel contacting a law enforcement agency
14 for alarm dispatch. However, if the alarms have properly
15 operating visual or auditory sensors that enable the
16 monitoring personnel to verify the alarm signal, verification
17 calling is not required.
18 Section 132. Subsection (2) of section 489.531,
19 Florida Statutes, is amended to read:
20 489.531 Prohibitions; penalties.--
21 (2)(a) Any unlicensed person who commits a violation
22 violates any provision of subsection (1) commits a misdemeanor
23 of the first degree, punishable as provided in s. 775.082 or
24 s. 775.083.
25 (b) Any unlicensed person who commits a violation of
26 subsection (1) and the value of the contracting exceeds $1,000
27 commits a felony of the third degree, punishable as provided
28 in s. 775.082, s. 775.083, or s. 775.084.
29 (c) Any unlicensed person who commits a violation of
30 subsection (1) after having been previously found guilty of
31 such a violation, regardless of adjudication thereof, commits
187
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 a felony of the third degree, punishable as provided in s.
2 775.082, s. 775.083, or s. 775.084.
3 (d) Any unlicensed person who commits a violation of
4 subsection (1) during the existence of a state of emergency
5 declared by executive order of the Governor commits a felony
6 of the third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8
9 The remedies set forth in this subsection are not exclusive
10 and may be imposed in addition to the remedies set forth in s.
11 489.533(2).
12 Section 133. For the purpose of incorporating the
13 amendment to section 489.531, Florida Statutes, in a reference
14 thereto, paragraph (a) of subsection (1) and subsection (2) of
15 section 489.533, Florida Statutes, 1996 Supplement, are
16 reenacted to read:
17 489.533 Disciplinary proceedings.--
18 (1) The following acts shall constitute grounds for
19 disciplinary actions as provided in subsection (2):
20 (a) Violating any provision of s. 489.531 or chapter
21 455.
22
23 For the purposes of this subsection, construction is
24 considered to be commenced when the contract is executed and
25 the contractor has accepted funds from the customer or lender.
26 (2) When the board finds any applicant, contractor, or
27 business organization for which the contractor is a primary
28 qualifying agent or secondary qualifying agent responsible
29 under s. 489.522 guilty of any of the grounds set forth in
30 subsection (1), it may enter an order imposing one or more of
31 the following penalties:
188
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (a) Denial of an application for certification or
2 registration.
3 (b) Revocation or suspension of a certificate or
4 registration.
5 (c) Imposition of an administrative fine not to exceed
6 $5,000 for each count or separate offense.
7 (d) Issuance of a reprimand.
8 (e) Placement of the contractor on probation for a
9 period of time and subject to such conditions as the board may
10 specify, including requiring the contractor to attend
11 continuing education courses or to work under the supervision
12 of another contractor.
13 (f) Restriction of the authorized scope of practice by
14 the contractor.
15 Section 134. Paragraph (b) of subsection (2) of
16 section 489.537, Florida Statutes, is amended to read:
17 489.537 Application of this part.--
18 (2)
19 (b) A registered electrical contractor may bid on
20 electrical contracts which include alarm systems contracting
21 as a part of the contract, provided that the individual shall
22 subcontract such alarm systems contracting, except raceway
23 systems, to a properly certified or registered alarm system
24 contractor. However, if the registered electrical contractor
25 is properly certified or registered as an alarm system
26 contractor, the individual is not required to subcontract out
27 the alarm system contracting.
28 Section 135. Section 489.539, Florida Statutes, is
29 amended to read:
30 489.539 Adoption of electrical and alarm
31 standards.--For the purpose of establishing minimum electrical
189
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 and alarm standards in this state, the following standards are
2 adopted:
3 (1) "National Electrical Code 1990," NFPA No. 70-1990.
4 (2) Underwriters' Laboratories, Inc., "Standards for
5 Safety, Electrical Lighting Fixtures, and Portable Lamps," UL
6 57-1982, and UL 153-1983.
7 (3) Underwriters' Laboratories, Inc., "Standard for
8 Electric Signs," UL 48-1982.
9 (4) The provisions of the following which prescribe
10 minimum electrical and alarm standards:
11 (a) NFPA No. 56A-1978, "Inhalation Anesthetics 1978."
12 (b) NFPA No. 56B-1982, "Respiratory Therapy 1982."
13 (c) NFPA No. 56C-1980, "Laboratories in Health-related
14 Institutions 1980."
15 (d) NFPA No. 56D-1982, "Hyperbaric Facilities."
16 (e) NFPA No. 56F-1983, "Nonflammable Medical Gas
17 Systems 1983."
18 (f) NFPA No. 72-1993, "National Fire Alarm Code."
19 (g)(f) NFPA No. 76A-1984, "Essential Electrical
20 Systems for Health Care Facilities 1984."
21 (5) Chapter 10D-29 of the rules of the Department of
22 Health and Rehabilitative Services, entitled "Nursing Homes
23 and Related Facilities Licensure."
24 (6) The minimum standards for grounding of portable
25 electric equipment, chapter 8C-27, as recommended by the
26 Industrial Standards Section of the Division of Workers'
27 Compensation of the Department of Labor and Employment
28 Security.
29 Section 136. Subsection (4) and paragraph (a) of
30 subsection (5) of section 489.553, Florida Statutes, 1996
31 Supplement, are amended to read:
190
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 489.553 Administration of part; registration
2 qualifications; examination.--
3 (4) To be eligible for registration by the department
4 as a septic tank contractor, the applicant must:
5 (a) Be of good moral character. In considering good
6 moral character, the department may consider any matter that
7 has a substantial connection between the good moral character
8 of the applicant and the professional responsibilities of the
9 registered contractor, including, but not limited to, the
10 applicant being found guilty of, or entering a plea of nolo
11 contendere to, regardless of adjudication, a crime in any
12 jurisdiction that directly relates to the practice of
13 contracting or the ability to practice contracting, and any
14 previous disciplinary action involving septic tank contracting
15 where all judicial reviews are complete.
16 (b) Pass an examination approved by the department
17 which demonstrates that the applicant has a fundamental
18 knowledge of the state laws relating to the installation and
19 maintenance of onsite sewage treatment and disposal systems.
20 (c) Be at least 18 years of age.
21 (d) Have a total of at least 3 years of active
22 experience as a worker who has learned a trade by serving an
23 apprenticeship as a skilled worker under the supervision and
24 control of a registered septic tank contractor or a person
25 licensed under s. 489.105(3)(m) who has provided septic tank
26 contracting services. Related work experience or educational
27 experience may be substituted for no more than 2 years of such
28 active contracting experience. For purposes of this paragraph,
29 each 30 hours of coursework approved by the department is
30 equal to 6 months of work experience.
31
191
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (e) Have not had a registration revoked in the last 5
2 years, as determined from the effective date of the
3 revocation.
4 (5) To be eligible for registration by the department
5 as a master septic tank contractor, the applicant must:
6 (a) Have been a registered septic tank contractor in
7 Florida for at least 3 years or a certified plumber licensed
8 under s. 489.105(3)(m) who has provided septic tank
9 contracting services for at least 3 years.
10 Section 137. Section 501.935, Florida Statutes, is
11 created to read:
12 501.935 Home-inspection reports; required disclosures
13 prior to inspection; report on inspection results; prohibited
14 acts; failure to comply.--
15 (1) INTENT.--The Legislature recognizes that the
16 performance of a home inspection requires certain skills and
17 that a home inspection should not be confused with an
18 engineering analysis. Therefore, it is necessary in the
19 interest of the public health, safety, and welfare to require
20 the disclosure of information useful to assist consumers in
21 choosing a qualified home inspector, to inform them of the
22 limitations of a home inspection, and to prohibit actions that
23 conflict with the best interests of a home inspector's client.
24 (2) DEFINITIONS.--For the purposes of this section:
25 (a) "Home inspector" means any person who provides or
26 offers to provide a home inspection on residential real
27 property for a fee.
28 (b) "Home inspection" means an examination of the
29 mechanical and physical components of residential real
30 property through visual means and operation of normal user
31 controls, without necessarily the use of any mathematical or
192
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 engineering science. The inspection may include, but is not
2 limited to, examination of the electrical, heating, and
3 central air-conditioning systems; the interior plumbing; the
4 roof and visible insulation therefor; walls, ceilings, floors,
5 windows, and doors; the foundation; and the basement or crawl
6 space.
7 (3) EXEMPTIONS.--A person licensed as a construction
8 contractor under chapter 489, an architect under chapter 481,
9 or an engineer under chapter 471 shall not be required to
10 comply with this section with regard to any report, survey,
11 evaluation, or estimate rendered within the scope of practice
12 authorized by such license.
13 (4) DISCLOSURE.--Prior to performing any home
14 inspection, a home inspector shall provide the following to
15 any person who has entered into a contract to have a home
16 inspection and who, as a client of the inspector, has
17 requested the inspection:
18 (a) A written list of the home inspector's
19 credentials.
20 (b) A caveat in 10-point or larger boldfaced type that
21 states: AN INSPECTION IS INTENDED TO ASSIST IN EVALUATION OF
22 THE OVERALL CONDITION OF A BUILDING. THE INSPECTION IS BASED
23 ON OBSERVATION OF THE VISIBLE AND APPARENT CONDITION OF THE
24 BUILDING AND ITS COMPONENTS ON THE DATE OF THE INSPECTION.
25 THE RESULTS OF THIS HOME INSPECTION ARE NOT INTENDED TO MAKE
26 ANY REPRESENTATION REGARDING LATENT OR CONCEALED DEFECTS THAT
27 MAY EXIST, AND NO WARRANTY OR GUARANTEE IS EXPRESSED OR
28 IMPLIED. IF YOUR HOME INSPECTOR IS NOT A LICENSED STRUCTURAL
29 ENGINEER OR OTHER PROFESSIONAL WHOSE LICENSE AUTHORIZES THE
30 RENDERING OF AN OPINION AS TO THE STRUCTURAL INTEGRITY OF A
31 BUILDING OR ITS OTHER COMPONENT PARTS, YOU MAY BE ADVISED TO
193
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 SEEK A PROFESSIONAL OPINION AS TO ANY DEFECTS OR CONCERNS
2 MENTIONED IN THIS REPORT.
3 (c) A written disclosure to the client of any conflict
4 of interest or relationship of the home inspector which may
5 affect the client.
6 (d) A written statement or agreement declaring the
7 home inspector's scope, limitations, terms, and conditions
8 regarding the home inspection.
9 (5) REPORT.--A home inspector shall provide to the
10 client, within 3 working days after the date of the home
11 inspection or at any other time agreed upon by both parties, a
12 written report of the results of the home inspection.
13 (6) PROHIBITIONS.--A home inspector is prohibited
14 from:
15 (a) Accepting commissions or allowances from another
16 party dealing with a client of the inspector which relate to
17 the inspection.
18 (b) Offering commissions or allowances to another
19 party dealing with a client of the inspector which relate to
20 the inspection.
21 (c) Performing, or offering to perform, remedial work
22 on a property which the inspector has inspected in the
23 preceding 12 months.
24 (d) Disclosing, without the client's consent, a home
25 inspection report to any person other than the client.
26 (7) FAILURE TO COMPLY.--Failure to comply with this
27 section constitutes a deceptive and unfair trade practice.
28 Section 138. Section 501.937, Florida Statutes, is
29 created to read:
30
31
194
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 501.937 Industrial hygienists and safety
2 professionals; use of professional titles; failure to
3 comply.--
4 (1) Any person representing himself or herself as a
5 "safety professional" or "industrial hygienist" shall
6 accurately disclose his or her credentials.
7 (2) No person shall represent himself or herself as a
8 "certified safety professional," "associate safety
9 professional," "certified occupational health and safety
10 technologist," "industrial hygienist in training," or
11 "certified industrial hygienist" unless he or she holds a
12 current valid certificate in the field of safety or industrial
13 hygiene from either the American Board of Industrial Hygiene
14 or the Board of Certified Safety Professionals, or unless the
15 Department of Business and Professional Regulation has, upon
16 request, examined another certification program and has
17 formally concluded that the certification standards of that
18 certification program are substantially equivalent to the
19 standards for certificates issued by those organizations; nor
20 shall the person mislead or deceive anyone by the unauthorized
21 use of any certification mark that has been awarded by the
22 U.S. Patent and Trademark Office.
23 (3)(a) A "safety professional" is a person having a
24 baccalaureate degree in safety, engineering, chemistry,
25 physics, or a closely related physical or biological science
26 who has acquired competency in the field of safety. The
27 studies and training necessary to acquire such competency
28 should have been sufficient in all of the above cognate
29 sciences to provide the abilities for anticipating,
30 identifying, and evaluating hazardous conditions and
31 practices; developing hazard control designs, methods,
195
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 procedures, and programs; implementing, administering, and
2 advising others on hazard controls and hazard control
3 programs; and measuring, auditing, and evaluating the
4 effectiveness of hazard controls and hazard control programs.
5 (b) An "industrial hygienist" is a person having a
6 baccalaureate degree in engineering, chemistry, physics, or a
7 closely related physical or biological science who has
8 acquired competency in the field of industrial hygiene. The
9 studies and training necessary to acquire such competency
10 should have been sufficient in all of the above cognate
11 sciences to provide the abilities to anticipate and recognize
12 the environmental factors and stresses associated with work
13 and work operations and to understand their effects on people
14 and their well-being; to evaluate, on the basis of training
15 and experience and with the aid of quantitative measurement
16 techniques, the magnitude of these factors and stresses in
17 terms of ability to impair human health and well-being; and to
18 prescribe methods to eliminate, control, or reduce such
19 factors and stresses when necessary to alleviate their
20 effects.
21 (4) Failure to comply with this section constitutes a
22 deceptive and unfair trade practice.
23 Section 139. Subsection (1) of section 553.06, Florida
24 Statutes, is amended to read:
25 553.06 State Plumbing Code.--
26 (1) The Board of Building Codes and Standards shall,
27 in accordance with the provisions of chapter 120 and ss.
28 553.70-553.895, adopt all or part of the Standard Plumbing
29 Code 1997 edition or the International Plumbing Code, 1997
30 edition, 1994 edition, as adopted at the October 1993 annual
31 meeting of the Southern Building Code Congress International,
196
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 as the State Plumbing Code which shall be the minimum
2 requirements statewide for all installations, repairs, and
3 alterations to plumbing. The board may, in accordance with
4 the requirements of chapter 120, adopt all or part of updated
5 or revised editions of the State Plumbing Code to keep abreast
6 of latest technological advances in plumbing and installation
7 techniques. Where testing of water treatment units is
8 required by the Standard Plumbing Code, the board shall
9 approve alternative testing standards, upon receipt of a
10 request for adoption of alternative testing standards, if the
11 board receives competent evidence that such standards
12 adequately measure the efficacy of such units for their
13 intended use. Local governments which have adopted the South
14 Florida, One and Two Family Dwelling or EPCOT Plumbing Codes
15 may continue their use provided the requirements contained
16 therein meet or exceed the requirements of the State Plumbing
17 Code. Provided, however, Nothing in this section shall alter
18 or diminish the authority of the Department of Business and
19 Professional Regulation to conduct plan reviews, issue
20 variances, and adopt rules regarding sanitary facilities in
21 public lodging and public food service establishments pursuant
22 to chapter 509, providing that such actions do not conflict
23 with the requirements for public restrooms in s. 553.141.
24 Section 140. Section 553.19, Florida Statutes, is
25 amended to read:
26 553.19 Adoption of electrical and alarm
27 standards.--For the purpose of establishing minimum electrical
28 and alarm standards in this state, the following standards are
29 adopted:
30 (1) "National Electrical Code 1990," NFPA No. 70-1990.
31
197
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (2) Underwriters' Laboratories, Inc., "Standards for
2 Safety, Electrical Lighting Fixtures, and Portable Lamps," UL
3 57-1982 and UL 153-1983.
4 (3) Underwriters' Laboratories, Inc., "Standard for
5 Electric Signs," UL 48-1982.
6 (4) The provisions of the following which prescribe
7 minimum electrical and alarm standards:
8 (a) NFPA No. 56A-1978, "Inhalation Anesthetics 1978."
9 (b) NFPA No. 56B-1982, "Respiratory Therapy 1982."
10 (c) NFPA No. 56C-1980, "Laboratories in Health-related
11 Institutions 1980."
12 (d) NFPA No. 56D-1982, "Hyperbaric Facilities."
13 (e) NFPA No. 56F-1983, "Nonflammable Medical Gas
14 Systems 1983."
15 (f) NFPA No. 72-1993, "National Fire Alarm Code."
16 (g)(f) NFPA No. 76A-1984, "Essential Electrical
17 Systems for Health Care Facilities 1984."
18 (5) Chapter 10D-29 of the rules and regulations of the
19 Department of Health and Rehabilitative Services, entitled
20 "Nursing Homes and Related Facilities Licensure."
21 (6) The minimum standards for grounding of portable
22 electric equipment, chapter 8C-27 as recommended by the
23 Industrial Standards Section, Division of Workers'
24 Compensation, Department of Labor and Employment Security.
25 Section 141. Section 553.63, Florida Statutes, is
26 amended to read:
27 553.63 Trench excavations in excess of 5 feet deep;
28 required information.--On all specific contracts for trench
29 excavation in which such excavation will exceed a depth of 5
30 feet,:
31
198
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 (1) The contract bid submitted by the contractor who
2 will perform such excavation shall include:
3 (a) A reference to the trench safety standards that
4 will be in effect during the period of construction of the
5 project.
6 (b) Written assurance by the contractor performing the
7 trench excavation that such contractor will comply with the
8 applicable trench safety standards.
9 (c) A separate item identifying the cost of compliance
10 with the applicable trench safety standards.
11 (2) a contractor performing trench excavation shall:
12 (1)(a) At As a minimum, comply with the excavation
13 safety standards which are applicable to such a project.
14 (2)(b) Adhere to any special shoring requirements, if
15 any, of the state or other political subdivisions which may be
16 applicable to such a project.
17 (3)(c) If any geotechnical information is available
18 from the owner, the contractor, or otherwise, the contractor
19 performing trench excavation shall Consider geotechnical this
20 information, if available, in the contractor's design of the
21 trench safety system which the contractor it will employ on
22 the project. This subsection paragraph shall not require the
23 owner to obtain geotechnical information.
24 Section 142. Section 553.64, Florida Statutes, is
25 repealed.
26 Section 143. Section 553.991, Florida Statutes, is
27 amended to read:
28 553.991 Purpose.--The purpose of this part is to
29 provide for a statewide uniform system for rating the energy
30 efficiency of buildings and to ensure that those ratings are
31 disclosed to prospective purchasers at their request. It is
199
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 in the interest of the state to encourage the consideration of
2 the energy-efficiency rating system in the market so as to
3 provide market rewards for energy-efficient buildings and to
4 those persons or companies designing, building, or selling
5 energy-efficient buildings.
6 Section 144. Section 553.994, Florida Statutes, is
7 amended to read:
8 553.994 Applicability.--The rating system shall apply
9 to all public, commercial, and existing residential buildings
10 in the state. and may be applied to new residential buildings,
11 except as identified by the department by rule in accordance
12 with the procedures of chapter 120, according to the following
13 schedule:
14 (1) For new residential buildings, by January 1, 1994.
15 (2) For existing residential buildings, by January 1,
16 1995.
17 (3) For new public buildings, by January 1, 1994.
18 (4) For existing public buildings, by July 1, 1994.
19 (5) For new commercial buildings, by January 1, 1995.
20 (6) For existing commercial buildings, by January 1,
21 1996.
22 Section 145. Effective upon this act becoming a law,
23 section 553.996, Florida Statutes, is amended to read:
24 553.996 Energy-efficiency rating disclosure;
25 information brochure.--
26 (1)(a) In accordance with the schedules in s. 553.994,
27 the prospective purchaser of real property with a building for
28 occupancy located thereon shall be provided written
29 notification that the purchaser may have the building's
30 energy-efficiency rating determined. Such notice shall be
31
200
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 provided at the time of, or prior to, the purchaser's
2 execution of the contract for sale and purchase.
3 (b) The energy-efficiency rating of a residential or
4 commercial building shall be provided upon request of the
5 prospective purchaser, in writing, at the time of, or prior
6 to, the purchaser's execution of the contract for sale and
7 purchase.
8 (2) A prospective purchaser of real property with a
9 building for occupancy located thereon Concurrent with the
10 provisions of subsection (1), the prospective purchaser shall
11 be provided with a copy of an information brochure, at the
12 time of or prior to the purchaser's execution of the contract
13 for sale and purchase, notifying the purchaser of the option
14 for an energy-efficiency rating on the building. Such
15 brochure shall be prepared, made available for distribution,
16 and provided at no cost by the department. Such brochure
17 shall contain information relevant to that class of building,
18 including, but not limited to:
19 (1)(a) How to analyze the building's energy-efficiency
20 rating.
21 (2)(b) Comparisons to statewide averages for new and
22 existing construction of that class.
23 (3)(c) Information concerning methods to improve the
24 building's energy-efficiency rating.
25 (4)(d) A notice to residential purchasers that the
26 energy-efficiency rating may qualify the purchaser for an
27 energy-efficient mortgage from lending institutions.
28 Section 146. The Office of Program Policy Analysis and
29 Government Accountability shall review existing studies, and
30 perform any necessary reviews of records, of the Department of
31 Business and Professional Regulation and its boards to
201
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 determine whether there is evidence that mandatory continuing
2 education is the most effective method of ensuring
3 professional competence and to identify and analyze alternate
4 methods of ensuring professional competence. The department
5 shall prepare a report documenting such review and analysis
6 which report may focus on a subset of the professions
7 regulated by the department but should attempt to choose a
8 representative selection of professions. The report must be
9 provided to the Legislature by January 31, 1998.
10 Section 147. Subsections (12), (13), (26), and (27) of
11 section 713.01, Florida Statutes, are amended to read:
12 713.01 Definitions.--As used in this part, the term:
13 (12) "Improve" means build, erect, place, make, alter,
14 remove, repair, or demolish any improvement over, upon,
15 connected with, or beneath the surface of real property, or
16 excavate any land, or furnish materials for any of these
17 purposes, or perform any labor or services upon the
18 improvements, including the furnishing of carpet or rugs or
19 appliances that are permanently affixed to the real property
20 and final construction cleanup to prepare a structure for
21 occupancy; or perform any labor or services or furnish any
22 materials in grading, seeding, sodding, or planting for
23 landscaping purposes, including the furnishing of trees,
24 shrubs, bushes, or plants that are planted on the real
25 property, or in equipping any improvement with fixtures or
26 permanent apparatus or provide any solid-waste collection or
27 disposal on the site of the improvement.
28 (13) "Improvement" means any building, structure,
29 construction, demolition, excavation, solid-waste removal,
30 landscaping, or any part thereof existing, built, erected,
31
202
CODING: Words stricken are deletions; words underlined are additions.
HB 2011, Second Engrossed
1 placed, made, or done on land or other real property for its
2 permanent benefit.
3 (26) "Subcontractor" means a person other than a
4 materialman or laborer who enters into a contract with a
5 contractor for the performance of any part of such
6 contractor's contract, including the removal of solid waste
7 from the real property.
8 (27) "Sub-subcontractor" means a person other than a
9 materialman or laborer who enters into a contract with a
10 subcontractor for the performance of any part of such
11 subcontractor's contract, including the removal of solid waste
12 from the real property.
13 Section 148. Except as otherwise provided herein, this
14 act shall take effect July 1, 1997.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
203