House Bill 4431

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    Florida House of Representatives - 1998                HB 4431

        By the Committee on Business Regulation & Consumer Affairs
    and Representative Ogles





  1                      A bill to be entitled

  2         An act relating to talent agencies; repealing

  3         pt. VII, ch. 468, F.S., relating to talent

  4         agencies, to deregulate talent agencies;

  5         amending ss. 20.165, 20.43, 232.435, 408.07,

  6         443.101, 455.501, 455.607, 455.667, 489.109,

  7         489.519, and 721.13, F.S.; correcting

  8         references and cross references, to conform;

  9         providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Sections 468.401, 468.402, 468.403,

14  468.404, 468.405, 468.406, 468.407, 468.408, 468.409, 468.410,

15  468.411, 468.412, 468.413, 468.414, and 468.415, Florida

16  Statutes, are repealed.

17         Section 2.  Paragraph (a) of subsection (4) of section

18  20.165, Florida Statutes, is amended to read:

19         20.165  Department of Business and Professional

20  Regulation.--There is created a Department of Business and

21  Professional Regulation.

22         (4)(a)  The following boards are established within the

23  Division of Professions:

24         1.  Board of Architecture and Interior Design, created

25  under part I of chapter 481.

26         2.  Florida Board of Auctioneers, created under part VI

27  of chapter 468.

28         3.  Barbers' Board, created under chapter 476.

29         4.  Florida Building Code Administrators and Inspectors

30  Board, created under part XI XIII of chapter 468.

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  1         5.  Construction Industry Licensing Board, created

  2  under part I of chapter 489.

  3         6.  Board of Cosmetology, created under chapter 477.

  4         7.  Electrical Contractors' Licensing Board, created

  5  under part II of chapter 489.

  6         8.  Board of Employee Leasing Companies, created under

  7  part X XI of chapter 468.

  8         9.  Board of Funeral Directors and Embalmers, created

  9  under chapter 470.

10         10.  Board of Landscape Architecture, created under

11  part II of chapter 481.

12         11.  Board of Pilot Commissioners, created under

13  chapter 310.

14         12.  Board of Professional Engineers, created under

15  chapter 471.

16         13.  Board of Professional Geologists, created under

17  chapter 492.

18         14.  Board of Professional Surveyors and Mappers,

19  created under chapter 472.

20         15.  Board of Veterinary Medicine, created under

21  chapter 474.

22         Section 3.  Paragraph (g) of subsection (3) of section

23  20.43, Florida Statutes, is amended to read:

24         20.43  Department of Health.--There is created a

25  Department of Health.

26         (3)  The following divisions of the Department of

27  Health are established:

28         (g)  Division of Medical Quality Assurance, which is

29  responsible for the following boards and professions

30  established within the division:

31         1.  Nursing assistants, as provided under s. 400.211.

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  1         2.  Health care services pools, as provided under s.

  2  402.48.

  3         3.  The Board of Acupuncture, created under chapter

  4  457.

  5         4.  The Board of Medicine, created under chapter 458.

  6         5.  The Board of Osteopathic Medicine, created under

  7  chapter 459.

  8         6.  The Board of Chiropractic, created under chapter

  9  460.

10         7.  The Board of Podiatric Medicine, created under

11  chapter 461.

12         8.  Naturopathy, as provided under chapter 462.

13         9.  The Board of Optometry, created under chapter 463.

14         10.  The Board of Nursing, created under chapter 464.

15         11.  The Board of Pharmacy, created under chapter 465.

16         12.  The Board of Dentistry, created under chapter 466.

17         13.  Midwifery, as provided under chapter 467.

18         14.  The Board of Speech-Language Pathology and

19  Audiology, created under part I of chapter 468.

20         15.  The Board of Nursing Home Administrators, created

21  under part II of chapter 468.

22         16.  Occupational therapy, as provided under part III

23  of chapter 468.

24         17.  Respiratory therapy, as provided under part V of

25  chapter 468.

26         18.  Dietetics and nutrition practice, as provided

27  under part IX X of chapter 468.

28         19.  Athletic trainers, as provided under part XII XIV

29  of chapter 468.

30         20.  Electrolysis, as provided under chapter 478.

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  1         21.  The Board of Massage Therapy, created under

  2  chapter 480.

  3         22.  The Board of Clinical Laboratory Personnel,

  4  created under part III of chapter 483.

  5         23.  Medical physicists, as provided under part IV of

  6  chapter 483.

  7         24.  The Board of Opticianry, created under part I of

  8  chapter 484.

  9         25.  The Board of Hearing Aid Specialists, created

10  under part II of chapter 484.

11         26.  The Board of Physical Therapy Practice, created

12  under chapter 486.

13         27.  The Board of Psychology, created under chapter

14  490.

15         28.  The Board of Clinical Social Work, Marriage and

16  Family Therapy, and Mental Health Counseling, created under

17  chapter 491.

18

19  The department may contract with the Agency for Health Care

20  Administration who shall provide consumer complaint,

21  investigative, and prosecutorial services required by the

22  Division of Medical Quality Assurance, councils, or boards, as

23  appropriate.

24         Section 4.  Paragraph (b) of subsection (3) of section

25  232.435, Florida Statutes, is amended to read:

26         232.435  Extracurricular athletic activities; athletic

27  trainers.--

28         (3)

29         (b)  If a school district uses the services of an

30  athletic trainer who is not a teacher athletic trainer or a

31  teacher apprentice trainer within the requirements of this

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  1  section, such athletic trainer must be licensed as required by

  2  part XII XIV of chapter 468.

  3         Section 5.  Subsection (28) of section 408.07, Florida

  4  Statutes, is amended to read:

  5         408.07  Definitions.--As used in this chapter, with the

  6  exception of ss. 408.031-408.045, the term:

  7         (28)  "Health care provider" means a health care

  8  professional licensed under chapter 458, chapter 459, chapter

  9  460, chapter 461, chapter 463, chapter 464, chapter 465,

10  chapter 466, part I, part III, part IV, part V, or part IX X

11  of chapter 468, chapter 483, chapter 484, chapter 486, chapter

12  490, or chapter 491.

13         Section 6.  Paragraph (a) of subsection (10) of section

14  443.101, Florida Statutes, is amended to read:

15         443.101  Disqualification for benefits.--An individual

16  shall be disqualified for benefits:

17         (10)  Subject to the requirements of this subsection if

18  the claim is made on the basis of loss of employment as a

19  leased employee for an employee leasing company or as a

20  temporary employee for a temporary help firm.

21         (a)  As used in this subsection, the term:

22         1.  "Temporary help firm" means a firm that hires its

23  own employees and assigns them to clients to support or

24  supplement the client's workforce in work situations such as

25  employee absences, temporary skill shortages, seasonal

26  workloads, and special assignments and projects. The term also

27  includes a firm created by an entity licensed under s.

28  125.012(6), which hires employees assigned by a union for the

29  purpose of supplementing or supporting the workforce of the

30  temporary help firm's clients.  The term does not include

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  1  employee leasing companies regulated under part X XI of

  2  chapter 468.

  3         2.  "Temporary employee" means an employee assigned to

  4  work for the clients of a temporary help firm.

  5         3.  "Leased employee" means an employee assigned to

  6  work for the clients of an employee leasing company regulated

  7  under part X XI of chapter 468.

  8         Section 7.  Subsection (4) of section 455.501, Florida

  9  Statutes, is amended to read:

10         455.501  Definitions.--As used in this part, the term:

11         (4)  "Health care practitioner" means any person

12  licensed under chapter 457; chapter 458; chapter 459; chapter

13  460; chapter 461; chapter 462; chapter 463; chapter 464;

14  chapter 465; chapter 466; part I, part III, part V, or part IX

15  X of chapter 468; chapter 480; chapter 484; chapter 486;

16  chapter 490; or chapter 491.

17         Section 8.  Subsection (1) of section 455.607, Florida

18  Statutes, is amended to read:

19         455.607  Athletic trainers and massage therapists;

20  requirement for instruction on human immunodeficiency virus

21  and acquired immune deficiency syndrome.--

22         (1)  The board, or the department where there is no

23  board, shall require each person licensed or certified under

24  part XII XIV of chapter 468 or chapter 480 to complete a

25  continuing educational course approved by the board, or the

26  department where there is no board, on human immunodeficiency

27  virus and acquired immune deficiency syndrome as part of

28  biennial relicensure or recertification.  The course shall

29  consist of education on modes of transmission, infection

30  control procedures, clinical management, and prevention of

31  human immunodeficiency virus and acquired immune deficiency

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  1  syndrome, with an emphasis on appropriate behavior and

  2  attitude change.

  3         Section 9.  Paragraph (f) of subsection (2) of section

  4  455.667, Florida Statutes, is amended to read:

  5         455.667  Ownership and control of patient records;

  6  report or copies of records to be furnished.--

  7         (2)  As used in this section, the terms "records

  8  owner," "health care practitioner," and "health care

  9  practitioner's employer" do not include any of the following

10  persons or entities; furthermore, the following persons or

11  entities are not authorized to acquire or own medical records,

12  but are authorized to maintain those documents required by the

13  part or chapter under which they are licensed or regulated:

14         (f)  Athletic trainers licensed under part XII XIV of

15  chapter 468.

16         Section 10.  Paragraph (e) of subsection (1) of section

17  489.109, Florida Statutes, is amended to read:

18         489.109  Fees.--

19         (1)  The board, by rule, shall establish reasonable

20  fees to be paid for applications, certification and renewal,

21  registration and renewal, and recordmaking and recordkeeping.

22  The fees shall be established as follows:

23         (e)  The board, by rule, shall impose a renewal fee for

24  an inactive status certificate or registration, not to exceed

25  the renewal fee for an active status certificate or

26  registration.  Neither the inactive certification fee nor the

27  inactive registration fee may exceed $50.  The board, by rule,

28  may provide for a different fee for inactive status where such

29  status is sought by a building code administrator, plans

30  examiner, or inspector certified pursuant to part XI XIII of

31  chapter 468 who is employed by a local government and is not

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  1  allowed by the terms of such employment to maintain a

  2  certificate on active status issued pursuant to this part.

  3         Section 11.  Subsection (2) of section 489.519, Florida

  4  Statutes, is amended to read:

  5         489.519  Inactive status.--

  6         (2)  The board shall impose, by rule, continuing

  7  education requirements for voluntary inactive

  8  certificateholders, when voluntary inactive status is sought

  9  by certificateholders who are also building code

10  administrators, plans examiners, or inspectors certified

11  pursuant to part XI XIII of chapter 468.

12         Section 12.  Paragraph (e) of subsection (1) and

13  subsections (4) and (8) of section 721.13, Florida Statutes,

14  are amended to read:

15         721.13  Management.--

16         (1)

17         (e)  Any managing entity performing community

18  association management must comply with part VII VIII of

19  chapter 468.

20         (4)  The managing entity shall maintain among its

21  records and provide to the division upon request a complete

22  list of the names and addresses of all purchasers and owners

23  of timeshare units in the timeshare plan.  The managing entity

24  shall update this list no less frequently than quarterly.

25  Pursuant to paragraph (3)(d), the managing entity may not

26  publish this owner's list or provide a copy of it to any

27  purchaser or to any third party other than the division.

28  However, if the managing entity includes a condominium

29  association subject to the provisions of chapter 718 or a

30  cooperative association subject to the provisions of chapter

31  719, the managing entity shall initiate a mailing to those

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  1  persons listed on the owner's list upon the written request of

  2  any purchaser if the purpose of the mailing is to advance

  3  legitimate association business, such as a proxy solicitation

  4  for any purpose, including the recall of one or more board

  5  members or the discharge of the manager or management firm.

  6  The use of any proxies solicited in this manner must comply

  7  with the provisions of the timeshare instrument and this

  8  chapter.  The board of administration of the association shall

  9  be responsible for determining the appropriateness of any

10  mailing requested pursuant to this subsection, and it shall be

11  a violation of this chapter and of part VII VIII of chapter

12  468 for the board of administration and/or the manager or

13  management firm to refuse to initiate any mailing requested

14  for the purpose of advancing legitimate association business.

15  The purchaser who requests the mailing must reimburse the

16  association in advance for the association's actual costs in

17  performing the mailing.

18         (8)  Any failure of the managing entity to faithfully

19  discharge the fiduciary duty to purchasers imposed by this

20  section or to otherwise comply with the provisions of this

21  section shall be a violation of this chapter and of part VII

22  VIII of chapter 468.

23         Section 13.  This act shall take effect July 1 of the

24  year in which enacted.

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26            *****************************************

27                          HOUSE SUMMARY

28
      Repeals pt. VII, ch. 468, F.S., relating to talent
29    agencies, to deregulate talent agencies. Amends various
      provisions of law to conform.
30

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