CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Business Regulation & Consumer Affairs
12 offered the following:
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14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Chapter 485, Florida Statutes, consisting
19 of sections 485.001, 485.003, 485.005, 485.007, 485.009,
20 485.0115, 485.013, 485.015, 485.017, 485.019, 485.0215,
21 485.023, 485.025, 485.027, 485.029, 485.0315, 485.033, and
22 485.035, is created to read:
23 485.001 Purpose.--It is hereby declared to be the
24 public policy of the state that, in order to safeguard the
25 health, safety, property, and welfare of its citizens and
26 natural resources, any person practicing or offering to
27 practice professional biology in this state must meet the
28 requirements of the Department of Business and Professional
29 Regulation and the Board of Professional Biologists and must
30 be licensed as provided in this chapter.
31 485.003 License required to practice or use
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 professional title; exemptions.--
2 (1) No person other than a professional biologist duly
3 licensed under this chapter may practice professional biology
4 or use the name or title of "professional biologist" or any
5 other title, designation, words, letters, abbreviations, or
6 device tending to indicate that such person holds an active
7 license as a professional biologist in this state.
8 (2) The following persons are not required to obtain a
9 license as a professional biologist under the provisions of
10 this chapter:
11 (a) Any person practicing professional biology for the
12 improvement of, or otherwise affecting, property legally owned
13 by such person, unless such practice involves a public
14 utility, the health, safety, or welfare of the public, or the
15 health or safety of employees. This exemption does not
16 authorize the practice of professional biology through an
17 agent or employee who is not duly licensed under this chapter.
18 (b) Persons engaged solely in teaching biology as a
19 faculty member of a college, university, or other educational
20 institution located in this state.
21 (c) Persons engaged in biological research that does
22 not affect the health, safety, or welfare of the public.
23 (d) Employees of a corporation not engaged in the
24 practice of professional biology as such, whose practice of
25 professional biology for the corporation is limited to the
26 operation of biological systems or works.
27 (e) Any person, as a contractor, in the execution of
28 work designed by a professional biologist or, as a foreman or
29 superintendent, in the supervision of the construction of such
30 work. This exemption does not entitle a contractor to certify
31 that completed construction conforms to the design prepared by
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 a professional biologist.
2 (3) The following persons are specifically exempt from
3 regulation under this chapter, provided their work is reviewed
4 by or prepared under the supervision of a professional
5 biologist or other authorized licensed professional to the
6 extent that the supervision meets the standards adopted by
7 rule of the board:
8 (a) Officers and employees of the state or of any
9 water management district or other local or regional
10 governmental entity practicing solely as such officers or
11 employees.
12 (b) Employees of any firm, corporation, or partnership
13 who are acting within the scope of their employment as
14 subordinates of a person in responsible charge who is licensed
15 under this chapter.
16 485.005 Definitions.--As used in this chapter, the
17 term:
18 (1) "Biology" includes the science of biology and its
19 areas of specialization that pertain to living natural
20 resources and their habitats as well as the development of
21 methods of study of living natural resources and their
22 habitats. Included under this definition are areas of
23 specialization such as aquatic science, biology, botany,
24 ecology, forestry, herpetology, ichthyology, limnology,
25 mammology, marine science, microbiology, oceanography,
26 ornithology, systems ecology, systems energetics, wildlife
27 science, and zoology. Also included under this definition are
28 the behavioral sciences to the extent of evaluating the
29 biological responses to physical and chemical changes in
30 habitat quality and suitability. Excluded under this
31 definition are areas of biological specialization such as
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 dentistry, chiropractic, medicine, and veterinary medicine.
2 (2) "Board" means the Board of Professional
3 Biologists.
4 (3) "Certificate of authorization" means a license to
5 practice professional biology issued by the department to a
6 corporation, partnership, association, or person practicing
7 under a fictitious name.
8 (4) "Department" means the Department of Business and
9 Professional Regulation.
10 (5) "Habitat" or "habitat quality" includes the
11 determination of the suitability and sustainability of
12 natural, created, restored, managed, or artificial areas with
13 respect to specific organisms, guilds, ecosystems, bioregions,
14 or other groups of biota and their niches, natural histories,
15 and associated management requirements.
16 (6) "Practice of professional biology" means the
17 performance of, or offer to perform, services as a
18 professional biologist as set forth in subsection (8), except
19 as specifically exempted by s. 485.003. Any person who
20 practices as a professional biologist, who by verbal claim,
21 sign, advertisement, letterhead, card, or any other means
22 represents himself or herself to be a professional biologist,
23 who through the use of some title implies that he or she is a
24 professional biologist or that he or she is licensed under
25 this chapter, or who holds himself or herself out as able to
26 perform or does perform any professional biology services or
27 work recognized as professional biology shall be construed to
28 be engaged in the practice of professional biology.
29 (7) "Professional biologist" includes the term
30 "licensed professional biologist" and means a biological
31 scientist who performs professional biological work and is
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 licensed to engage in the practice of professional biology as
2 described in this chapter.
3 (8) "Professional biology" means the application of
4 the scientific principles of biology to the sound management
5 of living natural resources and their habitats and the
6 rendering of a biological opinion; however, "professional
7 biology" does not include silviculture or the management of
8 agricultural or aquacultural resources in the ordinary course
9 of these activities, except as such activities require
10 environmental permits or siting and offsite impact
11 evaluations. "Professional biology" includes, but is not
12 limited to, the activities set forth below, but only as these
13 activities include the rendering of biological opinion:
14 (a) Advising, consulting, planning, teaching,
15 researching, reporting, designing, and investigating as these
16 activities relate to living natural resources and their
17 habitats, including specialized-habitat or species-specific
18 management plans.
19 (b) Reporting on environmental management work and
20 study, including environmental impact statements, categorical
21 exclusions, reports required by the National Environmental
22 Policy Act of 1969, the federal Clean Water Act, and the
23 federal Clean Air Act, and such other environmental reports as
24 may be required by national, state, and local environmental
25 legislation or policy.
26 (c) Administration and management of environmental
27 work, including such administration and management as may be
28 required under Insurance Services Office (ISO) filing 14,000
29 or the Administrative Procedure Act.
30 (d) Maintenance, conservation, protection,
31 restoration, and enhancement of ecosystems and habitats.
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 (e) Collection, analysis, and interpretation of all
2 biologically relevant scientific data and the inventory,
3 evaluation, and monitoring of living natural resources and
4 habitats, including wetland jurisdictional determinations.
5 (f) Assessment of the biological impact of a known
6 presence of an environmental contamination hazard, or of the
7 potential biological impact due to the threat of an
8 environmental hazard or contamination, upon, in, or under real
9 property and the planning, designing, or implementation of
10 biological remedial activities to address such environmental
11 contamination or hazard.
12 (g) Assessment of historic, existing, and future
13 impacts to living natural resources and their habitats. This
14 assessment includes any work associated with assessments of
15 impacts to living natural resources and their habitats from
16 constructed or natural discharges to the environment of solid,
17 liquid, or gaseous materials and the determination of
18 reduction goals required to maintain or restore acceptable
19 habitat quality.
20 (h) Design of biological components for the
21 preservation, enhancement, restoration, and creation of
22 habitats and ecosystems.
23 485.007 Board of Professional Biologists.--
24 (1) There is created in the Department of Business and
25 Professional Regulation a Board of Professional Biologists.
26 The board shall consist of seven members, four of whom must be
27 licensed and practicing professional biologists, except that
28 prior to October 1, 1998, such persons shall be otherwise
29 qualified as professional biologists. Of the remaining three
30 members of the board, two must be lay persons who are not and
31 have never been professional biologists or members of any
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 closely related profession or occupation and one must be a
2 person engaged in the teaching of a biological science.
3 (2) Initially, the Governor shall appoint four members
4 for terms of 4 years each and three members for terms of 3
5 years each. Thereafter, members shall be appointed for 4-year
6 terms. Initially and prior to initiation of the grandfathering
7 program under s. 485.035, the four members seated as licensed
8 and practicing professional biologists shall be unlicensed
9 practicing professional biologists who the Governor has
10 determined satisfy all of the requirements for licensure set
11 forth in s. 485.0115.
12 (3) The board is authorized to make such rules not
13 inconsistent with law as may be necessary to carry out the
14 duties and authority conferred upon the board by this chapter.
15 Every licensee under this chapter shall be governed and
16 controlled by this chapter and the rules adopted by the board
17 pursuant to this chapter.
18 (4) The board shall develop a test specific to this
19 state. Such testing may rely on existing public or private
20 certifications which in the board's judgment adequately test
21 an applicant's basic qualifications and specific ability to
22 practice as a professional biologist and may require, as a
23 prerequisite to examination, a combination of education and
24 experience consistent with the minimum requirements set forth
25 in s. 485.0115. Such certifications may include those issued
26 by professional associations, scientific associations, or
27 government agencies, as determined by the board and adopted by
28 rule.
29 (5) By September 1, 1998, the board shall promulgate
30 by rule a code of ethics for practice as a professional
31 biologist.
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 (6) The location of the board shall be in Leon County.
2 485.009 Fees; disposition; preparation and submission
3 of proposed budget.--
4 (1) The board, by rule, may establish fees to be paid
5 for applications, licensure and license renewal, inactive
6 status application and reactivation of inactive licenses, and
7 recordmaking and recordkeeping. The board may also establish,
8 by rule, a delinquency fee. The board shall establish fees
9 that are adequate to ensure the continued operation of the
10 board. Fees shall be based on department estimates of the
11 revenue required to implement this chapter and other
12 provisions of law with respect to the regulation of
13 professional biologists, in accordance with s. 455.219. The
14 fees established for the first year of this chapter shall be
15 limited as follows:
16 (a) The application fee may not exceed $100 and is
17 nonrefundable.
18 (b) The initial license fee may not exceed $100.
19 (2) All moneys collected by the department from fees
20 authorized by this chapter shall be paid into the Professional
21 Regulation Trust Fund in the department and shall be applied
22 in accordance with ss. 215.37 and 455.219. The Legislature may
23 appropriate any excess moneys from the trust fund to the
24 General Revenue Fund.
25 (3) The department, with the advice of the board,
26 shall prepare and submit a proposed budget in accordance with
27 law.
28 485.0115 Licensure; requirements.--
29 (1) Any person desiring to be licensed as a
30 professional biologist must apply to the department. Each
31 applicant must:
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 (a) Complete the application form and remit the
2 application fee.
3 (b) Be at least 18 years of age.
4 (c) Attest that he or she has not committed an act or
5 offense in any jurisdiction which would constitute the basis
6 for disciplining a professional biologist licensed under this
7 chapter.
8 (d) Agree to abide by the code of ethics adopted by
9 the board.
10 (2) The department shall issue a license to practice
11 professional biology to any person who has done all of the
12 following:
13 (a) Paid the appropriate license fee.
14 (b) Been certified by the board as qualified to
15 practice professional biology.
16 (c) Provided proof of having earned a 4-year degree in
17 biology or one of its subdisciplines from a fully accredited
18 college or university.
19 (d) Provided proof of having completed a minimum of 5
20 cumulative years of experience under the supervision of a
21 licensed professional biologist.
22 (e) Provided proof of having met the continuing
23 education requirements under s. 485.017(4) during each of the
24 5 years prior to the application.
25 (3) The department may not issue a license to any
26 applicant who:
27 (a) Is under investigation in any jurisdiction for an
28 offense that would constitute a violation of this chapter;
29 however, upon completion of the investigation, the
30 disciplinary provisions of s. 485.027 shall apply.
31 (b) Is not qualified for licensure, as determined by
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HOUSE AMENDMENT
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Amendment No. (for drafter's use only)
1 the board based upon credentials of the applicant and other
2 documents provided by the applicant.
3 485.013 Licensure by endorsement; requirements.--
4 (1) The department shall issue a license by
5 endorsement to any applicant who, upon applying to the
6 department and remitting an application fee, the board has
7 certified:
8 (a) Is at least 18 years of age;
9 (b) Holds an active valid license in a least one
10 jurisdiction in the United States in which the current
11 requirements for licensure are equivalent to or more stringent
12 than those in this chapter; and
13 (c) Has not committed an act or offense in any
14 jurisdiction which would constitute the basis for disciplining
15 a professional biologist licensed under this chapter.
16 (2) The department may not issue a license to any
17 applicant who:
18 (a) Is under investigation in any jurisdiction for an
19 offense that would constitute a violation of this chapter;
20 however, upon completion of the investigation, the
21 disciplinary provisions of s. 485.027 shall apply.
22 (b) Is not qualified for licensure, as determined by
23 the board based upon credentials of the applicant and other
24 documents provided by the applicant.
25 485.015 Temporary license.--The board shall issue a
26 temporary license to any qualified biologist who is a resident
27 of a jurisdiction of the United States in which there are no
28 licensing requirements for professional biologists or in which
29 such licensing requirements do not meet the standards for
30 reciprocity, which shall be issued for the purpose of
31 permitting the biologist to practice temporarily within this
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Amendment No. (for drafter's use only)
1 state and which shall be limited to specific projects as
2 denoted in the application for the temporary license. The
3 board, by rule, shall establish specific criteria and fees for
4 the issuance and use of temporary licenses, but in doing so
5 must ensure that nonresident professionals are not unduly
6 restricted and resident licensees are not unduly
7 disadvantaged. The criteria established must be equivalent to
8 or more stringent than the requirements set forth under s.
9 485.035 and must include the criteria of ethical conduct and
10 discipline. A temporary license shall be terminated and
11 transferred to reciprocal status upon the adoption of adequate
12 licensing requirements by the professional biologist's home
13 jurisdiction once the board has determined that reciprocal
14 status is appropriate. A temporary license is valid for a
15 period of 6 months and renewable for an additional 6 months.
16 An individual applying for a third temporary license in any
17 5-year period shall be deemed to be commonly practicing
18 professional biology within this state and shall be referred
19 to and must make application through the standard licensing
20 procedure.
21 485.017 Renewal of license; address of primary place
22 of practice; continuing education.--
23 (1) The department shall renew a license upon receipt
24 of the renewal application and fee, provided the licensee has
25 not committed any act or offense which would constitute a
26 basis for discipline under this chapter or any rule adopted
27 pursuant to this chapter.
28 (2) The department shall adopt rules establishing a
29 procedure for the biennial renewal of licenses.
30 (3) Prior to engaging in practice, a licensee must
31 have on file with the department the address of his or her
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Amendment No. (for drafter's use only)
1 primary place of practice within the state. Prior to changing
2 the address of his or her primary place of practice, whether
3 or not within this state, the licensee must notify the
4 department of the address of his or her new primary place of
5 practice.
6 (4) Every person licensed as a professional biologist
7 under this chapter must complete at least 24 classroom hours
8 in approved continuing education in the 24 months preceding
9 each biennial renewal period as established by the department.
10 For the purpose of this subsection, each hour spent in the
11 continuing education course shall equal one continuing
12 education classroom hour. The board shall maintain a list of
13 approved continuing education courses, instructors, and
14 providers.
15 485.019 Inactive status.--A license which has become
16 inactive may be reactivated under s. 485.017 upon application
17 to the department, provided the licensee has not committed any
18 act or offense which would constitute the basis for discipline
19 under this chapter or any rule adopted pursuant to this
20 chapter. The board shall prescribe by rule continuing
21 education requirements for reactivating a license. However,
22 the continuing education requirements for reactivating a
23 license may not exceed 12 classroom hours for each year the
24 license was inactive.
25 485.0215 Practice of professional biology by
26 corporation, partnership, association, or person practicing
27 under a fictitious name; certificate of authorization.--
28 (1) The practice of, or the offer to practice,
29 professional biology by licensees through a corporation or
30 partnership offering professional biology services to the
31 public or by a corporation or partnership offering such
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Amendment No. (for drafter's use only)
1 services to the public through licensees under this chapter as
2 agents, employees, officers, or partners is permitted only if
3 the firm possesses a certificate of authorization issued by
4 the department pursuant to qualification by the board, subject
5 to the provisions of this chapter. One or more of the
6 principal officers or employees of the corporation or one or
7 more partners or employees of the partnership and all
8 supervisory personnel of the corporation or partnership who
9 act on its behalf as professional biologists in this state
10 must be licensed as provided by this chapter. Nothing in this
11 section shall be construed to mean that a certificate of
12 authorization to practice professional biology shall be held
13 by a corporation. Nothing in this section prohibits
14 corporations and partnerships from joining together to offer
15 professional biology services to the public, provided each
16 corporation or partnership otherwise meets the requirements of
17 this section. No corporation or partnership shall be relieved
18 of responsibility for the conduct or acts of its agents,
19 employees, or officers by reason of its compliance with this
20 section, nor shall any individual practicing professional
21 biology be relieved of responsibility for professional
22 services performed by reason of his or her employment or
23 relationship with a corporation or partnership.
24 (2) For the purposes of this section, a certificate of
25 authorization shall be required for a corporation,
26 partnership, association, or person practicing under a
27 fictitious name to offer professional biology services to the
28 public. However, when an individual is practicing professional
29 biology in his or her own given name, the individual is not
30 required to hold a certificate of authorization under this
31 section.
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Amendment No. (for drafter's use only)
1 (3) The fact that a licensed professional biologist
2 practices through a corporation or partnership does not
3 relieve the licensee from personal liability for negligence,
4 misconduct, or wrongful acts committed by the licensee.
5 Partnerships and all partners shall be jointly and severally
6 liable for the negligence, misconduct, or wrongful acts
7 committed by their agents, employees, or partners while acting
8 in a professional capacity. Any officer, agent, or employee of
9 a corporation shall be personally liable and accountable only
10 for negligent acts, wrongful acts, or misconduct committed by
11 such person or committed by any person under the direct
12 supervision and control of such person, while rendering
13 professional services on behalf of the corporation. The
14 personal liability of a shareholder of a corporation, in his
15 or her capacity as shareholder, shall be no greater than that
16 of a shareholder-employee of a corporation incorporated under
17 chapter 607. The corporation shall be liable up to the full
18 value of its property for any negligent acts, wrongful acts,
19 or misconduct committed by any of its officers, agents, or
20 employees while they are engaged on behalf of the corporation
21 in the rendering of professional services.
22 (4) Persons seeking to incorporate under the
23 provisions of this section must obtain approval from the
24 department prior to filing articles of incorporation with the
25 Department of State.
26 (5) Each certificate of authorization must be renewed
27 every 2 years. Each partnership and corporation certified
28 under this section must notify the board within 1 month after
29 any change in the information contained in the application
30 upon which the certification is based.
31 (6) Disciplinary action against a corporation or
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Amendment No. (for drafter's use only)
1 partnership shall be administered in the same manner and on
2 the same grounds as disciplinary action against a licensed
3 professional biologist.
4 485.023 Seals.--
5 (1) The board shall prescribe by rule a form of seal
6 to be used by licensees holding valid licenses. Each licensee
7 must obtain an impression-type metal seal in the form
8 prescribed by the board. The board shall determine by rule the
9 types of professional papers, reports, or documents prepared
10 or issued by the licensee and being filed for public record
11 which must be signed by the licensee, dated, and embossed with
12 such seal. Such signature, date, and seal shall be evidence of
13 the authenticity of that to which they are affixed. It is
14 unlawful for any person to emboss or seal any document with a
15 seal without a current valid license.
16 (2) When a license has been revoked or suspended by
17 the board, the licensee must surrender his or her seal to the
18 secretary of the board within a period of 30 days after the
19 revocation or suspension has become effective. In the event a
20 license has been suspended for a period of time, the seal
21 shall be returned to the licensee upon reinstatement.
22 (3) A licensee may not affix or permit to be affixed
23 his or her seal or name to any professional paper, report, or
24 document which depicts work that the licensee is not licensed
25 to perform or that is beyond the licensee's profession or
26 specialty therein.
27 485.025 Prohibitions; penalties.--
28 (1) No person shall knowingly:
29 (a) Practice professional biology unless the person is
30 licensed under this chapter.
31 (b) Use the name or title "licensed professional
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Amendment No. (for drafter's use only)
1 biologist" or any other title, designation, words, letters,
2 abbreviations, or device tending to indicate that the person
3 holds an active license as a professional biologist when the
4 person is not licensed under this chapter.
5 (c) Present as his or her own the license of another.
6 (d) Give false or forged evidence to the board or a
7 member of the board for the purpose of obtaining a license.
8 (e) Use or attempt to use a license which has been
9 suspended, revoked, or placed on inactive or delinquent
10 status.
11 (f) Employ any unlicensed person to practice
12 professional biology, except as authorized in this chapter.
13 (g) Conceal information relative to any violation of
14 this chapter.
15 (2) A person who violates any provision of this
16 section commits a misdemeanor of the first degree, punishable
17 as provided in s. 775.082 or s. 775.083.
18 (3) The board may adopt rules prescribing additional
19 rules of conduct for professional biologists, violation of
20 which may be punished pursuant to s. 485.027.
21 485.027 Disciplinary proceedings.--
22 (1) The following acts constitute grounds for which
23 the disciplinary actions in subsection (3) may be taken:
24 (a) Violation of any provision of s. 485.025 or s.
25 455.227(1) or any other provision of this chapter.
26 (b) Violation of any rule adopted by the board
27 pursuant to this chapter.
28 (c) Attempting to procure a license to practice
29 professional biology by bribery or fraudulent
30 misrepresentation.
31 (d) Having a license to practice professional biology
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1 revoked, suspended, or otherwise acted against, including the
2 denial of licensure by the licensing authority of another
3 state, territory, or country.
4 (e) Being convicted or found guilty of, or entering a
5 plea of nolo contendere to, regardless of adjudication, a
6 crime in any jurisdiction which directly relates to the
7 practice of professional biology or the ability to practice
8 professional biology.
9 (f) Making or filing a report or record which the
10 licensee knows to be false, willfully failing to file a report
11 or record required by state or federal law, willfully impeding
12 or obstructing such filing, or inducing another person to
13 impede or obstruct such filing. Such reports or records shall
14 include only those which are signed in the capacity of a
15 licensed professional biologist.
16 (g) Advertising professional biology services in a
17 manner which is fraudulent, false, deceptive, or misleading in
18 form or content.
19 (h) Engaging in fraud or deceit, negligence,
20 incompetence, or misconduct, in the practice of professional
21 biology.
22 (i) Violation of chapter 455.
23 (j) Practicing on a revoked, suspended, inactive, or
24 delinquent license.
25 (k) Affixing or permitting to be affixed his or her
26 seal or name to any professional biology papers, reports, or
27 documents that were not prepared by him or her or under his or
28 her responsible supervision, direction, or control.
29 (l) Violating a rule of the department or any order of
30 the department previously entered in a disciplinary hearing.
31 (2) The department, by rule, shall specify what acts
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Amendment No. (for drafter's use only)
1 or omissions constitute a violation of subsection (1).
2 (3) When the department finds a person guilty of any
3 of the grounds set forth in subsection (1), it may enter an
4 order imposing one or more of the following penalties:
5 (a) Denial of an application for licensure.
6 (b) Revocation or suspension of a license.
7 (c) Imposition of an administrative fine not to exceed
8 $1,000 for each count or separate offense.
9 (d) Issuance of a reprimand.
10 (e) Placement of the licensee on probation for a
11 period of time and subject to such conditions as the
12 department may specify.
13 (f) Restriction of the authorized scope of practice by
14 the licensee.
15 (4) The department shall reissue the license of a
16 disciplined professional biologist or business upon
17 certification by the board that the disciplined person or
18 business has complied with all of the terms and conditions set
19 forth in the final order.
20 485.029 Prosecution of criminal violations.--The board
21 shall report any criminal violation of this chapter to the
22 proper prosecuting authority for prompt prosecution.
23 485.0315 Effect of chapter locally.--
24 (1) Nothing contained in this chapter may be construed
25 to repeal, amend, limit, or otherwise affect any local
26 building code or zoning law or ordinance, now or hereafter
27 enacted, which is more restrictive with respect to the
28 services of licensed professional biologists than the
29 provisions of this chapter.
30 (2) In counties or municipalities which issue building
31 permits, such permits may not be issued in any case in which
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 it is apparent from the application for such building permit
2 that the provisions of this chapter have been violated.
3 However, this does not authorize the withholding of building
4 permits in any cases within the exempt classes set forth in
5 this chapter.
6 485.033 Construction of chapter.--Nothing in this
7 chapter may be construed to restrict, prevent, or prohibit the
8 practice of any profession or trade for which a license is
9 required under any other law of this state, including the
10 practice by licensed professional engineers, licensed
11 professional geologists, licensed landscape architects, or
12 licensed surveyors and mappers. Nothing in this chapter may be
13 construed in any manner so as to reduce the need for surveys
14 of ecological features as required under current law to
15 continue to be conducted by a surveyor and mapper licensed
16 under chapter 472.
17 485.035 Grandfathering.--Prior to September 1, 1998,
18 the board shall initiate a program to award licenses to
19 applicants who meet the licensing requirements of this
20 chapter. Prior to December 1, 1998, the board shall initiate a
21 program to award licenses to applicants who substantially meet
22 the licensing requirements of this chapter but fail to meet
23 the formal educational requirements, recognizing that life
24 experience may be substituted for these requirements, provided
25 that adequate testimonials to the quality of the applicant's
26 past performance are received with the application. The
27 grandfathering provisions of this section shall also accept
28 proof of having completed a minimum of 5 cumulative years of
29 experience in a position of responsible charge of professional
30 biology work or a minimum of 5 cumulative years of general
31 experience in professional biology work as having met the
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 requirements of s. 485.0115(2)(d), provided that adequate
2 testimonials to the quality of the applicant's past
3 performance are received with the application. The
4 requirements for having met the continuing education
5 requirements for the 5 years prior to application for a
6 license in s. 485.0115(2)(e) may be waived when applying for a
7 license under this section, provided that adequate
8 testimonials are received with the application which attest to
9 the quality of the applicant's past performance. No other
10 requirements may be modified in considering the award of
11 licenses under the grandfathering provisions of this section.
12 Applications may not be accepted under this section after
13 September 1, 1999; and licenses may not be awarded under this
14 section after March 1, 2000.
15 Section 2. Paragraph (a) of subsection (4) of section
16 20.165, Florida Statutes, 1996 Supplement, as amended by
17 chapter 96-403, Laws of Florida, is amended to read:
18 20.165 Department of Business and Professional
19 Regulation.--There is created a Department of Business and
20 Professional Regulation.
21 (4)(a) The following boards are established within the
22 Division of Professions:
23 1. Board of Architecture and Interior Design, created
24 under part I of chapter 481.
25 2. Florida Board of Auctioneers, created under part VI
26 of chapter 468.
27 3. Barbers' Board, created under chapter 476.
28 4. Florida Building Code Administrators and Inspectors
29 Board, created under part XIII of chapter 468.
30 5. Construction Industry Licensing Board, created
31 under part I of chapter 489.
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Amendment No. (for drafter's use only)
1 6. Board of Cosmetology, created under chapter 477.
2 7. Electrical Contractors' Licensing Board, created
3 under part II of chapter 489.
4 8. Board of Employee Leasing Companies, created under
5 part XI of chapter 468.
6 9. Board of Funeral Directors and Embalmers, created
7 under chapter 470.
8 10. Board of Landscape Architecture, created under
9 part II of chapter 481.
10 11. Board of Pilot Commissioners, created under
11 chapter 310.
12 12. Board of Professional Biologists, created under
13 chapter 485.
14 13.12. Board of Professional Engineers, created under
15 chapter 471.
16 14.13. Board of Professional Geologists, created under
17 chapter 492.
18 15.14. Board of Professional Surveyors and Mappers,
19 created under chapter 472.
20 16.15. Board of Veterinary Medicine, created under
21 chapter 474.
22 Section 3. This act shall take effect July 1 of the
23 year in which enacted.
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26 ================ T I T L E A M E N D M E N T ===============
27 And the title is amended as follows:
28 Remove from the title of the bill: Everything before the
29 enacting clause
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31 and insert in lieu thereof:
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 A bill to be entitled
2 An act relating to the practice of professional
3 biology; creating chapter 485, F.S., to provide
4 for regulation of such practice; providing
5 purpose; specifying requirements for practice;
6 providing for exemptions from regulation;
7 providing definitions; creating the Board of
8 Professional Biologists within the Department
9 of Business and Professional Regulation;
10 providing rulemaking authority; requiring
11 development of a test; providing for a code of
12 ethics; providing for fees; providing for
13 disposition of moneys collected; requiring
14 preparation and submission of a proposed
15 budget; providing licensure requirements;
16 providing requirements for licensure by
17 endorsement; providing requirements for
18 temporary licenses; providing requirements for
19 renewal of a license; requiring notification to
20 the department of address of primary place of
21 practice; providing for continuing education
22 requirements; providing for reactivation from
23 inactive status; requiring a certificate of
24 authorization for a corporation, partnership,
25 association, or person practicing under a
26 fictitious name to practice or offer to
27 practice professional biology; providing for an
28 official seal and the requirements for use
29 thereof; prohibiting certain acts and providing
30 penalties therefor; specifying acts that
31 constitute grounds for disciplinary action and
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HOUSE AMENDMENT
580-109X Bill No. HB 625
Amendment No. (for drafter's use only)
1 providing penalties therefor; requiring the
2 reporting of criminal violations for
3 prosecution; providing effect of the chapter
4 locally; providing construction; providing for
5 grandfathering; amending s. 20.165, F.S.;
6 placing the board within the Division of
7 Professions of the department; providing an
8 effective date.
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