Senate Bill 1016e1

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    CS for SB 1016                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to regulation of professions

  3         under the Department of Business and

  4         Professional Regulation; amending s. 310.071,

  5         F.S.; providing for disqualification from

  6         applying for and denial of deputy pilot

  7         certification for being found guilty of, or

  8         having pled guilty or nolo contendere to,

  9         certain crimes; amending s. 310.151, F.S.;

10         providing for deposit and disposition of

11         amounts received from imposition of pilotage

12         rates pending rendition of a final order

13         regarding such rates; amending s. 399.061,

14         F.S.; revising requirements for elevator

15         inspections and service maintenance contracts;

16         amending s. 455.217, F.S.; revising provisions

17         relating to translation of examinations in

18         Spanish; amending s. 455.2179, F.S.; providing

19         for approval of continuing education providers;

20         providing fees; providing rulemaking authority;

21         amending s. 455.219, F.S., and repealing

22         subsection (3), relating to fees required for

23         approval as a continuing education provider;

24         authorizing the department to adopt rules to

25         provide for waiver of license renewal fees

26         under certain circumstances and for a limited

27         period; creating s. 455.32, F.S.; creating the

28         Management Privatization Act; providing

29         definitions; authorizing the department to

30         contract with a corporation or other business

31         entity to perform support services specified


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    CS for SB 1016                                 First Engrossed



  1         pursuant to contract; providing contract

  2         requirements; providing corporation powers and

  3         responsibilities; establishing reporting and

  4         audit requirements; providing for future review

  5         and repeal; amending s. 468.382, F.S.; defining

  6         the term "absolute auction"; amending s.

  7         468.385, F.S.; revising requirements relating

  8         to the conduct, administration, approval, and

  9         scope of the examination for licensure as an

10         auctioneer; specifying that an auction may only

11         be conducted by an active licensee; creating s.

12         468.3855, F.S.; providing requirements for

13         auctioneer apprentices; amending s. 468.388,

14         F.S.; adding requirements and responsibilities

15         relating to the conduct of an auction; deleting

16         exceptions from a requirement that auctions be

17         conducted pursuant to a written agreement;

18         amending s. 468.389, F.S.; providing for

19         disciplinary action against licensees who fail

20         to account for certain property; providing

21         penalties; reenacting ss. 468.385(3), 468.391,

22         F.S., relating to licensure as an auctioneer

23         and to a criminal penalty, respectively, to

24         incorporate the amendment to s. 468.389, F.S.,

25         in references thereto; amending s. 468.392,

26         F.S.; authorizing the designee of the Secretary

27         of Business and Professional Regulation to sign

28         vouchers for payment or disbursement from the

29         Auctioneer Recovery Fund; amending s. 468.395,

30         F.S.; revising conditions of recovery from the

31         Auctioneer Recovery Fund; providing for


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  1         recovery from the fund pursuant to an order

  2         issued by the Florida Board of Auctioneers;

  3         deleting a requirement that notice be given to

  4         the board at the time action is commenced;

  5         providing limitations on bringing claims for

  6         certain acts; providing subrogation rights for

  7         the fund; amending s. 468.397, F.S., relating

  8         to payment of claim; correcting language;

  9         amending s. 468.433, F.S.; revising

10         requirements for licensure as a community

11         association manager, to include certain

12         prelicensure education; providing for provider

13         approval, including fees; repealing s.

14         468.525(3)(h), F.S., relating to a prohibition

15         on employee leasing companies and groups from

16         including employees who engage in services or

17         arrangements that are not within the definition

18         of employee leasing; amending s. 468.526, F.S.;

19         modifying qualifications for licensure as an

20         employee leasing company group; amending s.

21         468.531, F.S.; providing prohibitions against

22         offering to practice employee leasing without

23         being licensed and against the use of certain

24         titles relating to employee leasing without

25         being registered; providing penalties; amending

26         s. 470.005, F.S.; providing rulemaking

27         authority to the Board of Funeral Directors and

28         Embalmers relating to inspection of direct

29         disposal establishments, funeral

30         establishments, and cinerator facilities and

31         the records of each establishment or facility;


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  1         amending s. 470.015, F.S.; requiring board

  2         approval of continuing education providers;

  3         revising provisions relating to continuing

  4         education hours; amending ss. 470.016, 470.018,

  5         F.S.; revising provisions relating to

  6         continuing education hours; amending s.

  7         470.017, F.S.; revising provisions relating to

  8         registration as a direct disposer, including

  9         fee-setting responsibility; providing certain

10         limitations on registration after a specified

11         date; amending s. 470.021, F.S.; prohibiting

12         colocation of certain direct disposal

13         establishments with more than one funeral

14         establishment or direct disposal establishment;

15         amending s. 470.028, F.S.; revising provisions

16         relating to registration of agents for preneed

17         sales; amending s. 470.0301, F.S.; revising

18         provisions relating to registration of

19         centralized embalming facilities to provide for

20         operating procedures; providing requirements

21         for full-time embalmers in charge; amending ss.

22         471.003, 471.0035, 471.011, 471.023, 471.037,

23         F.S.; updating references relating to

24         regulation of engineering to incorporate

25         provisions relating to the Florida Engineers

26         Management Corporation and engineers performing

27         building code inspector duties; amending s.

28         471.005, F.S.; defining the terms "retired

29         professional engineer" and "professional

30         engineer, retired"; updating references;

31         amending s. 471.015, F.S.; revising educational


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  1         requirements for licensure by endorsement;

  2         updating references; amending s. 471.017, F.S.;

  3         granting the Board of Professional Engineers

  4         rulemaking authority to establish biennial

  5         licensure renewal procedures; replacing

  6         continuing education provisions with provisions

  7         requiring certain demonstration of continuing

  8         professional competency; amending s. 471.019,

  9         F.S., to create s. 471.0195, F.S.; separating

10         provisions relating to building code training

11         from provisions relating to licensure

12         reactivation requirements; amending s. 471.025,

13         F.S.; requiring final bid documents to be

14         signed, dated, and sealed and authorizing the

15         electronic transfer of such documents; amending

16         s. 471.031, F.S.; providing a penalty for

17         certain activities prohibited under ch. 471,

18         F.S., relating to engineering; updating

19         references; amending s. 474.202, F.S.; revising

20         the definition of the term "veterinarian";

21         amending s. 474.203, F.S.; revising and

22         providing exemptions from regulation under ch.

23         474, F.S., relating to veterinary medical

24         practice; providing that certain exempt persons

25         are duly licensed practitioners for purposes of

26         prescribing drugs or medicinal supplies;

27         amending s. 474.211, F.S.; providing that

28         criteria for providers of continuing veterinary

29         medical education shall be approved by the

30         board; amending s. 474.214, F.S.; increasing

31         the administrative fine; reenacting ss.


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  1         474.207(2), 474.217(2), F.S., relating to

  2         licensure by examination and licensure by

  3         endorsement, to incorporate the amendment to s.

  4         474.214, F.S., in references thereto; amending

  5         s. 474.215, F.S.; requiring limited service

  6         permittees to register each location and

  7         providing a registration fee; providing

  8         requirements for certain temporary rabies

  9         vaccination efforts; providing permit and other

10         requirements for persons who are not licensed

11         veterinarians, but who desire to own and

12         operate a veterinary medical establishment;

13         providing disciplinary actions applicable to

14         holders of premises permits; amending s.

15         474.2165, F.S.; providing requirements with

16         respect to ownership and control of veterinary

17         medical patient records; providing for the

18         furnishing of reports or copies of records;

19         providing for participation of veterinarians in

20         impaired practitioner treatment programs;

21         amending s. 475.045, F.S.; abolishing the

22         Florida Real Estate Commission Education and

23         Research Foundation Advisory Committee and

24         transferring its duties to the commission;

25         amending s. 477.013, F.S.; revising a

26         definition; amending s. 477.0132, F.S.;

27         restricting to the Board of Cosmetology

28         authority to review, evaluate, and approve

29         courses required for hair braiding, hair

30         wrapping, and body wrapping registration;

31         exempting providers of such courses from


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    CS for SB 1016                                 First Engrossed



  1         certain licensure; amending s. 477.019, F.S.;

  2         revising requirements for licensure to practice

  3         cosmetology; providing fees; amending ss.

  4         492.101, 492.102, 492.104, 492.105, 492.108,

  5         492.112, 492.113, 492.116, 492.1165, F.S.;

  6         revising cross-references; amending s. 492.107,

  7         F.S.; revising provisions relating to the use

  8         of seals by licensed geologists; amending s.

  9         492.111, F.S.; providing requirements relating

10         to geologists of record for firms,

11         corporations, and partnerships; amending s.

12         310.0015, F.S.; requiring the establishment of

13         competency-based mentor programs for minority

14         persons seeking to become licensed state pilots

15         or certificated deputy pilots; requiring an

16         annual report thereon to the Governor and

17         Legislature; providing an appropriation;

18         providing an effective date.

19

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

21

22         Section 1.  Subsection (4) is added to section 310.071,

23  Florida Statutes, to read:

24         310.071  Deputy pilot certification.--

25         (4)  Notwithstanding s. 112.011 or any other provision

26  of law relating to the restoration of civil rights, an

27  applicant shall be disqualified from applying for and shall be

28  denied a deputy pilot certificate if the applicant, regardless

29  of adjudication, has ever been found guilty of, or pled guilty

30  or nolo contendere to, a charge which was:

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  1         (a)  A felony or first degree misdemeanor which

  2  directly related to the navigation or operation of a vessel;

  3  or

  4         (b)  A felony involving the sale of or trafficking in,

  5  or conspiracy to sell or traffic in, a controlled substance as

  6  defined by chapter 893, or an offense under the laws of any

  7  state or country which, if committed in this state, would

  8  constitute the felony of selling or trafficking in, or

  9  conspiracy to sell or traffic in, such controlled substance.

10         Section 2.  Subsection (4) of section 310.151, Florida

11  Statutes, is amended to read:

12         310.151  Rates of pilotage; Pilotage Rate Review

13  Board.--

14         (4)(a)  The applicant shall be given written notice,

15  either in person or by certified mail, that the board intends

16  to modify the pilotage rates in that port and that the

17  applicant may, within 21 days after receipt of the notice,

18  request a hearing pursuant to the Administrative Procedure

19  Act. Notice of the intent to modify the pilotage rates in that

20  port shall also be published in the Florida Administrative

21  Weekly and in a newspaper of general circulation in the

22  affected port area and shall be mailed to any person who has

23  formally requested notice of any rate change in the affected

24  port area. Within 21 days after receipt or publication of

25  notice, any person whose substantial interests will be

26  affected by the intended board action may request a hearing

27  pursuant to the Administrative Procedure Act. If the board

28  concludes that the petitioner has raised a disputed issue of

29  material fact, the board shall designate a hearing, which

30  shall be conducted by formal proceeding before an

31  administrative law judge assigned by the Division of


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  1  Administrative Hearings pursuant to ss. 120.569 and 120.57(1),

  2  unless waived by all parties. If the board concludes that the

  3  petitioner has not raised a disputed issue of material fact

  4  and does not designate the petition for hearing, that decision

  5  shall be considered final agency action for purposes of s.

  6  120.68. The failure to request a hearing within 21 days after

  7  receipt or publication of notice shall constitute a waiver of

  8  any right to an administrative hearing and shall cause the

  9  order modifying the pilotage rates in that port to be entered.

10  If an administrative hearing is requested pursuant to this

11  subsection, notice of the time, date, and location of the

12  hearing shall be published in the Florida Administrative

13  Weekly and in a newspaper of general circulation in the

14  affected port area and shall be mailed to the applicant and to

15  any person who has formally requested notice of any rate

16  change for the affected port area.

17         (b)  In any administrative proceeding pursuant to this

18  section, the board's proposed rate determination shall be

19  immediately effective and shall not be stayed during the

20  administrative proceeding, provided that, pending rendition of

21  the board's final order, the pilot or pilots in the subject

22  port deposit in an interest-bearing account all amounts

23  received which represent the difference between the previous

24  rates and the proposed rates. The pilot or pilots in the

25  subject port shall keep an accurate accounting of all amounts

26  deposited, specifying by whom or on whose behalf such amounts

27  were paid, and shall produce such an accounting upon request

28  of the board. Upon rendition of the board's final order:

29         1.  Any amounts deposited in the interest-bearing

30  account which are sustained by the final order shall be paid

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  1  over to the pilot or pilots in the subject port, including all

  2  interest accrued on such funds; and

  3         2.  Any amounts deposited which exceed the rates

  4  sustained in the board's final order shall be refunded, with

  5  the accrued interest, to those customers from whom the funds

  6  were collected. Any funds that are not refunded after diligent

  7  effort of the pilot or pilots to do so shall be disbursed by

  8  the pilot or pilots as the board shall direct.

  9         Section 3.  Subsection (1) of section 399.061, Florida

10  Statutes, is amended to read:

11         399.061  Inspections; correction of deficiencies.--

12         (1)(a)  All For those elevators subject to this chapter

13  must be inspected pursuant to s. 399.13 by a third-party

14  inspection service certified as a Qualified Elevator Inspector

15  or maintained pursuant to a service maintenance contract

16  continuously in force. A statement verifying the existence,

17  performance, and cancellation of each service maintenance

18  contract must be filed annually with the division as

19  prescribed by rule. All elevators for which a service

20  maintenance contract is not continuously in force, the

21  division shall inspect such elevators at least once between

22  July 1 of any year and June 30 of the next year, the state's

23  fiscal year.

24         (b)  When a service maintenance contract is

25  continuously maintained with an elevator company, the division

26  shall verify with the elevator company before the end of each

27  fiscal year that the contract is in force and is being

28  implemented.  An elevator covered by such a service

29  maintenance contract shall be inspected by a

30  certificate-of-competency holder state elevator inspector at

31  least once every 2 fiscal years; however, if the elevator is


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  1  not an escalator or a dumbwaiter and the elevator serves only

  2  two adjacent floors and is covered by a service maintenance

  3  contract, no inspection shall be required so long as the

  4  service contract remains in effect.

  5         (b)(c)  The division may inspect an elevator whenever

  6  necessary to ensure its safe operation.

  7         Section 4.  Subsection (6) of section 455.217, Florida

  8  Statutes, is amended to read:

  9         455.217  Examinations.--This section shall be read in

10  conjunction with the appropriate practice act associated with

11  each regulated profession under this chapter.

12         (6)  For examinations developed by the department or a

13  contracted vendor, each board, or the department, when there

14  is no board, may provide licensure examinations in an

15  applicant's native language.  Applicants for examination or

16  reexamination pursuant to this subsection shall bear the full

17  cost for the department's development, preparation,

18  administration, grading, and evaluation of any examination in

19  a language other than English or Spanish.  Requests for

20  translated examinations, except for those in Spanish, must be

21  on file in the board office, or with the department when there

22  is no board, at least 6 months prior to the scheduled

23  examination.  When determining whether it is in the public

24  interest to allow the examination to be translated into a

25  language other than English or Spanish, the board, or the

26  department when there is no board, shall consider the

27  percentage of the population who speak the applicant's native

28  language.

29         Section 5.  Section 455.2179, Florida Statutes, is

30  amended to read:

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    CS for SB 1016                                 First Engrossed



  1         455.2179  Continuing education provider approval; cease

  2  and desist orders.--

  3         (1)  If a board, or the department if there is no

  4  board, requires completion of continuing education as a

  5  requirement for renewal of a license, the board, or the

  6  department if there is no board, shall approve providers of

  7  the continuing education. The approval of a continuing

  8  education provider, the approval must be for a specified

  9  period of time, not to exceed 4 years. An approval that does

10  not include such a time limitation may remain in effect only

11  until July 1, 2001, unless earlier replaced by an approval

12  that includes such a time limitation.

13         (2)  The department, on its own motion or at the

14  request of a board, shall issue an order requiring a person or

15  entity to cease and desist from offering any continuing

16  education programs for licensees, and revoking any approval of

17  the provider previously granted by the department or a board,

18  if the department or a board determines that the person or

19  entity failed to provide appropriate continuing education

20  services that conform to approved course material.

21         (3)  Each board authorized to approve continuing

22  education providers, or the department if there is no board,

23  may establish, by rule, a fee not to exceed $250 for anyone

24  seeking approval to provide continuing education courses and

25  may establish, by rule, a biennial fee not to exceed $250 for

26  the renewal of providership of such courses. The Florida Real

27  Estate Commission, authorized under the provisions of chapter

28  475 to approve prelicensure, precertification, and

29  postlicensure education providers, may establish, by rule, an

30  application fee not to exceed $250 for anyone seeking approval

31  to offer prelicensure, precertification, or postlicensure


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  1  education courses and may establish, by rule, a biennial fee

  2  not to exceed $250 for the renewal of such courses.

  3         (4)  The department and each affected board may adopt

  4  rules pursuant to ss. 120.536(1) and 120.54 to implement the

  5  provisions of this section.

  6         Section 6.  Subsection (3) of section 455.219, Florida

  7  Statutes, is repealed, and subsection (1) of that section is

  8  amended to read:

  9         455.219  Fees; receipts; disposition; periodic

10  management reports.--

11         (1)  Each board within the department shall determine

12  by rule the amount of license fees for its profession, based

13  upon department-prepared long-range estimates of the revenue

14  required to implement all provisions of law relating to the

15  regulation of professions by the department and any board;

16  however, when the department has determined, based on the

17  long-range estimates of such revenue, that a profession's

18  trust fund moneys are in excess of the amount required to

19  cover the necessary functions of the board, or the department

20  when there is no board, the department may adopt rules to

21  implement a waiver of license renewal fees for that profession

22  for a period not to exceed 2 years, as determined by the

23  department. Each board, or the department when there is no

24  board, shall ensure license fees are adequate to cover all

25  anticipated costs and to maintain a reasonable cash balance,

26  as determined by rule of the department, with advice of the

27  applicable board. If sufficient action is not taken by a board

28  within 1 year of notification by the department that license

29  fees are projected to be inadequate, the department shall set

30  license fees on behalf of the applicable board to cover

31  anticipated costs and to maintain the required cash balance.


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    CS for SB 1016                                 First Engrossed



  1  The department shall include recommended fee cap increases in

  2  its annual report to the Legislature. Further, it is

  3  legislative intent that no regulated profession operate with a

  4  negative cash balance. The department may provide by rule for

  5  the advancement of sufficient funds to any profession or the

  6  Florida State Boxing Commission operating with a negative cash

  7  balance. Such advancement may be for a period not to exceed 2

  8  consecutive years and shall require interest to be paid by the

  9  regulated profession. Interest shall be calculated at the

10  current rate earned on Professional Regulation Trust Fund

11  investments. Interest earned shall be allocated to the various

12  funds in accordance with the allocation of investment earnings

13  during the period of the advance.

14         Section 7.  Section 455.32, Florida Statutes, is

15  created to read:

16         455.32  Management Privatization Act.--

17         (1)  This section may be cited as the "Management

18  Privatization Act."

19         (2)  As used in this section, the term:

20         (a)  "Corporation" means the corporation or other

21  business entity with which the department contracts pursuant

22  to subsection (3).

23         (b)  "Executive director" means the person appointed by

24  the department pursuant to s. 455.203.

25         (c)  "Secretary" means the Secretary of Business and

26  Professional Regulation.

27         (3)  Based upon the request of any board, commission,

28  or council, the department is authorized to contract with a

29  corporation or other business entity to perform support

30  services specified in the contract. The contract must be in

31  compliance with this section and other applicable laws and


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  1  must be approved by the board before the department enters

  2  into the contract. The department shall retain responsibility

  3  for any duties it currently exercises relating to its police

  4  powers and any other current duty that is not provided to the

  5  corporation by the contract. The contract shall provide, at a

  6  minimum, that:

  7         (a)  The corporation provide administrative,

  8  investigative, examination, licensing, and prosecutorial

  9  support services in accordance with the provisions of this

10  section and the practice act of the relevant profession. With

11  approval of the department, the corporation may subcontract

12  for any of these services.

13         (b)  The corporation utilize computer technology

14  compatible with the department to ensure compatibility and

15  availability to the public of information provided for other

16  professions by the department.

17         (c)  The corporation submit an annual budget for

18  approval by the board and the department.

19         (d)  The corporation keep financial and statistical

20  information as necessary to completely disclose the financial

21  condition and operation of the project and as requested by the

22  Office of Program Policy Analysis and Government

23  Accountability, the Auditor General, and the department.

24         (e)  If the certification process in subsection (10)

25  determines noncompliance, the contract provide for methods and

26  mechanisms to resolve the situation.

27         (f)  The corporation provide to the board and the

28  department, on or before October 1 of each year, a report

29  describing all of the activities of the corporation for the

30  previous fiscal year. The report shall include:

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  1         1.  Any audit performed under subsection (9), including

  2  financial reports and performance audits.

  3         2.  The number of license applications received, the

  4  number of licenses approved and denied, the number of licenses

  5  issued, and the average time required to issue a license.

  6         3.  The number of examinations administered and the

  7  number of applicants who passed or failed the examination.

  8         4.  The number of complaints received, the number of

  9  complaints determined to be legally sufficient, the number of

10  complaints dismissed, and the number of complaints determined

11  to have probable cause.

12         5.  The number of administrative complaints issued and

13  the status of the complaints.

14         6.  The number and nature of disciplinary actions taken

15  by the board.

16         7.  All revenue received and all expenses incurred by

17  the corporation over the previous 12 months in its performance

18  of the duties under the contract.

19         8.  The status of the compliance of the corporation

20  with all performance-based program measures adopted by the

21  board.

22         (4)  The provisions of s. 768.28 apply to the

23  corporation, which is deemed to be a corporation primarily

24  acting as an instrumentality of the state, but which is not an

25  agency within the meaning of s. 20.03(11).

26         (5)  The corporation shall be funded through

27  appropriations allocated to the regulation of the relevant

28  profession from the Professional Regulation Trust Fund.

29         (6)  If the corporation is no longer approved to

30  operate for the board or the board ceases to exist, moneys and

31  property held in trust by the corporation for the benefit of


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  1  the board shall revert to the board, or to the state if the

  2  board ceases to exist.

  3         (7)  The executive director shall supervise the

  4  activities of the corporation to ensure compliance with the

  5  contract and provisions of this section and the practice act

  6  of the relevant profession. The executive director shall be an

  7  employee of the department and serve as a liaison between the

  8  department, the board, and the corporation and shall ensure

  9  that the police powers of the state are not exercised by the

10  corporation.

11         (8)  The corporation may not exercise any authority

12  assigned to the department or board under this section or the

13  practice act of the relevant profession, including determining

14  legal sufficiency and probable cause to pursue disciplinary

15  action against a licensee, taking final action on license

16  applications or in disciplinary cases, or adopting

17  administrative rules under chapter 120.

18         (9)  The corporation shall provide for an annual

19  financial and compliance audit of its financial accounts and

20  records by an independent certified public accountant in

21  accordance with generally accepted auditing standards. The

22  annual audit report shall include a detailed supplemental

23  schedule of expenditures for each expenditure category and a

24  management letter. The annual audit report must be submitted

25  to the board, the department, and the Auditor General for

26  review. The Auditor General may, pursuant to his or her

27  authority or at the direction of the Legislative Auditing

28  Committee, conduct an audit of the corporation.

29         (10)  The board and the department shall annually

30  certify that the corporation is complying with the terms of

31


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    CS for SB 1016                                 First Engrossed



  1  the contract in a manner consistent with the goals and

  2  purposes of the board and in the best interest of the state.

  3         (11)  Nothing in this section shall limit the ability

  4  of the corporation to enter into contracts and perform all

  5  other acts incidental to those contracts that are necessary

  6  for the administration of its affairs and for the attainment

  7  of its purposes.

  8         (12)  The corporation may acquire by lease, and

  9  maintain, use, and operate, any real or personal property

10  necessary to perform the duties provided by the contract and

11  this section.

12         (13)  No later than October 1, 2000, the department

13  shall contract with a corporation in accordance with

14  subsection (3) for the provision of services for architects

15  and interior designers.

16         (14)  The department shall retain the independent

17  authority to open, investigate, or prosecute any cases or

18  complaints, as necessary, to protect the public health,

19  safety, or welfare.  In addition, the department shall retain

20  sole authority to issue emergency suspension or restriction

21  orders pursuant to s. 120.60 and to prosecute unlicensed

22  activity cases pursuant to ss. 455.228 and 455.2281.

23         (15)  Corporation records are public records subject to

24  the provisions of s. 119.07(1) and s. 24(a), Art. I of the

25  State Constitution; however, public records exemptions set

26  forth in ss. 455.217 and 455.229 for records created or

27  maintained by the department shall apply to records created or

28  maintained by the corporation. The exemptions set forth in s.

29  455.225, relating to complaints and information obtained

30  pursuant to an investigation by the department, shall apply to

31  such records created or obtained by the corporation only until


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  1  an investigation ceases to be active. For the purposes of this

  2  subsection, an investigation is considered active so long as

  3  the corporation or any law enforcement or administrative

  4  agency is proceeding with reasonable dispatch and has a

  5  reasonable, good-faith belief that it may lead to the filing

  6  of administrative, civil, or criminal proceedings. An

  7  investigation ceases to be active when the case is dismissed

  8  prior to a finding of probable cause and the board has not

  9  exercised its option to pursue the case or 10 days after the

10  board makes a determination regarding probable cause. All

11  information, records, and transcriptions regarding a complaint

12  that has been determined to be legally sufficient to state a

13  claim within the jurisdiction of the board become available to

14  the public when the investigation ceases to be active, except

15  information that is otherwise confidential or exempt from s.

16  119.07(1). However, in response to an inquiry about the

17  licensure status of an individual, the corporation shall

18  disclose the existence of an active investigation if the

19  nature of the violation under investigation involves the

20  potential for substantial physical or financial harm. The

21  department and the board shall have access to all records of

22  the corporation, as necessary, to exercise their authority to

23  approve and supervise the contract.

24         (16)  If any provision of this section is held to be

25  unconstitutional or is held to violate the state or federal

26  antitrust laws, the following shall occur:

27         (a)  The corporation shall cease and desist from

28  exercising any powers and duties enumerated in this section.

29         (b)  The department shall resume the performance of

30  such activities. The department shall regain and receive,

31


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    CS for SB 1016                                 First Engrossed



  1  hold, invest, and administer property and make expenditures

  2  for the benefit of the board.

  3         (c)  The Executive Office of the Governor,

  4  notwithstanding chapter 216, is authorized to reestablish

  5  positions, budget authority, and salary rate necessary to

  6  carry out the department's responsibilities related to the

  7  board.

  8         (17)  This section is repealed on October 1, 2005, and

  9  shall be reviewed by the Legislature prior to that date for

10  the purpose of determining its continued existence.

11         Section 8.  Subsection (8) is added to section 468.382,

12  Florida Statutes, to read:

13         468.382  Definitions.--As used in this act, the term:

14         (8)  "Absolute auction" means an auction that requires

15  no minimum opening bid that limits the sale other than to the

16  highest bidder.

17         Section 9.  Subsections (4), (6), and (7) of section

18  468.385, Florida Statutes, are amended to read:

19         468.385  Licenses required; qualifications;

20  examination; bond.--

21         (4)  Any person seeking a license as an auctioneer must

22  shall pass a written examination approved by the board

23  prepared and administered by the department which tests his or

24  her general knowledge of the laws of this state relating to

25  provisions of the Uniform Commercial Code that are relevant to

26  bulk sales, auctions, the laws of agency brokerage, and the

27  provisions of this act.

28         (6)  No person shall be licensed as an auctioneer

29  unless he or she:

30         (a)  Has held an apprentice license and has served as

31  an apprentice for 1 year or more, or has completed a course of


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    CS for SB 1016                                 First Engrossed



  1  study, consisting of not less than 80 classroom hours of

  2  instruction, that meets standards adopted by the board;

  3         (b)  Has passed the required an examination conducted

  4  by the department; and

  5         (c)  Is approved by the board.

  6         (7)(a)  Any auction that is subject to the provisions

  7  of this part must be conducted by an auctioneer who has an

  8  active license or an apprentice who has an active apprentice

  9  auctioneer license and who has received prior written sponsor

10  consent.

11         (b)  No business shall auction or offer to auction any

12  property in this state unless it is licensed as an auction

13  business by the board or is exempt from licensure under this

14  act.  Each application for licensure shall include the names

15  of the owner and the business, the business mailing address

16  and location, and any other information which the board may

17  require. The owner of an auction business shall report to the

18  board within 30 days of any change in this required

19  information.

20         Section 10.  Section 468.3855, Florida Statutes, is

21  created to read:

22         468.3855  Apprenticeship training requirements.--

23         (1)  An auctioneer may not sponsor more than three

24  apprentices at one time. Any auctioneer who serves as a

25  sponsor must have held an active, valid license for 3

26  consecutive years preceding the date on which that auctioneer

27  is named as sponsor of the apprentice.

28         (2)  Any auctioneer who undertakes the sponsorship of

29  an apprentice shall ensure that the apprentice receives

30  training as required by board rule.

31


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    CS for SB 1016                                 First Engrossed



  1         (3)  An apprentice must actively participate in auction

  2  sales as required by board rule, and a record of each auction

  3  for which participation credit is claimed must be made as

  4  required by board rule.

  5         (4)  Apprentices are prohibited from conducting any

  6  auction without the prior express written consent of the

  7  sponsor. The apprentice's sponsor must be present at the

  8  auction site at any time the apprentice is actively

  9  participating in the conduct of the auction. If the

10  apprentice's sponsor cannot attend a particular auction, the

11  sponsor may appoint a qualified auctioneer who meets the

12  requirements of board rule to attend the auction in his or her

13  place. Prior written consent must be given by the apprentice's

14  sponsor for each substitution.

15         (5)  Each apprentice and sponsor shall file reports as

16  required by board rule.

17         (6)  A sponsor may not authorize an apprentice to

18  conduct an auction or act as principal auctioneer unless the

19  sponsor has determined that the apprentice has received

20  adequate training to do so.

21         (7)  The sponsor shall be responsible for any acts or

22  omissions of the apprentice which constitute a violation of

23  law in relation to the conduct of an auction.

24         (8)  All apprentice applications shall be valid for a

25  period of 6 months after board approval. Any applicant who

26  fails to complete the licensure process within that time shall

27  be required to make application as a new applicant.

28         (9)  Any licensed apprentice who wishes to change the

29  sponsor under whom he or she is licensed must submit a new

30  application and application fee. However, a new license fee

31  shall not be required and credit shall be awarded for training


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    CS for SB 1016                                 First Engrossed



  1  received or any period of apprenticeship served under the

  2  previous sponsor.

  3         (10)  Credit for training received or any period of

  4  apprenticeship served shall not be allowed unless it occurred

  5  under the supervision of the sponsor under whose supervision

  6  the apprentice is licensed.

  7         Section 11.  Section 468.388, Florida Statutes, is

  8  amended to read:

  9         468.388  Conduct of an auction.--

10         (1)  Prior to conducting an auction in this state, an

11  auctioneer or auction business shall execute a written

12  agreement with the owner, or the agent of the owner, of any

13  property to be offered for sale, stating:

14         (a)  The name and address of the owner of the property;

15         (b)  The name and address of the person employing the

16  auctioneer or auction business, if different from the owner;

17  and

18         (c)  The terms or conditions upon which the auctioneer

19  or auction business will receive the property for sale and

20  remit the sales proceeds to the owner.

21         (2)  The auctioneer or auction business shall give the

22  owner one copy of the agreement and shall keep one copy for 2

23  years after the date of the auction.

24         (3)  A written agreement shall not be required if:

25         (a)  The auction is to be conducted at an auction house

26  or similar place where the public regularly offers property

27  for sale;

28         (b)  There has been no prior negotiation between the

29  owner or the owner's agent and the auctioneer or auction

30  business involving terms or conditions pertaining to the

31  property being offered for sale; and


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    CS for SB 1016                                 First Engrossed



  1         (c)  The total estimated value of the property is $500

  2  or less.  If the actual sale price of the property exceeds

  3  $550, the written agreement required by subsection (1) shall

  4  be executed after the sale.

  5         (3)(4)  Each auctioneer or auction business shall

  6  maintain a record book of all sales for which a written

  7  agreement is required.  The record book shall be open to

  8  inspection by the board at reasonable times.

  9         (4)  Each auction must be conducted by an auctioneer

10  who has an active license or by an apprentice who has an

11  active apprentice auctioneer license and who has received

12  prior written sponsor consent. Each auction must be conducted

13  under the auspices of a licensed auction business. Any

14  auctioneer or apprentice auctioneer conducting an auction, and

15  any auction business under whose auspices such auction is

16  held, shall be responsible for determining that any

17  auctioneer, apprentice, or auction business with whom they are

18  associated in conducting such auction has an active Florida

19  auctioneer, apprentice, or auction business license.

20         (5)  The principal auctioneer shall prominently display

21  at the auction site the licenses of the principal auctioneer,

22  the auction business, and any other licensed auctioneers or

23  apprentices who are actively participating in the auction. If

24  such a display is not practicable, then an oral announcement

25  at the beginning of the auction or a prominent written

26  announcement that these licenses are available for inspection

27  at the auction site must be made. Each auctioneer or auction

28  business shall prominently display his or her license, or make

29  it otherwise available for inspection, at each auction in

30  which he or she participates.

31


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    CS for SB 1016                                 First Engrossed



  1         (6)  If a buyer premium or any surcharge is a condition

  2  to sale at any auction, the amount of the premium or surcharge

  3  must be announced at the beginning of the auction and a

  4  written notice of this information must be conspicuously

  5  displayed or distributed to the public at the auction site.

  6         (7)  At the beginning of an auction must be announced

  7  the terms of bidding and sale and whether the sale is with

  8  reserve, without reserve, or absolute or if a minimum bid is

  9  required. If the sale is absolute and has been announced or

10  advertised as such, an article or lot may not be withdrawn

11  from sale once a bid has been accepted. If no bid is received

12  within a reasonable time, the item or lot may be withdrawn.

13         (8)  If an auction has been advertised as absolute, no

14  bid shall be accepted from the owner of the property or from

15  someone acting on behalf of the owner unless the right to bid

16  is specifically permitted by law.

17         (9)  The auction business under which the auction is

18  conducted is responsible for all other aspects of the auction

19  as required by board rule. The auction business may delegate

20  in whole, or in part, different aspects of the auction only to

21  the extent that such delegation is permitted by law and that

22  such delegation will not impede the principal auctioneer's

23  ability to ensure the proper conduct of his or her independent

24  responsibility for the auction. The auction business under

25  whose auspices the auction is conducted is responsible for

26  ensuring compliance as required by board rule.

27         (10)(a)  When settlement is not made immediately after

28  an auction, all sale proceeds received for another person must

29  be deposited in an escrow or trust account in an insured bank

30  or savings and loan association located in this state within 2

31


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    CS for SB 1016                                 First Engrossed



  1  working days after the auction. A maximum of $100 may be kept

  2  in the escrow account for administrative purposes.

  3         (b)  Each auction business shall maintain, for not less

  4  than 2 years, a separate ledger showing the funds held for

  5  another person deposited and disbursed by the auction business

  6  for each auction. The escrow or trust account must be

  7  reconciled monthly with the bank statement. A signed and dated

  8  record shall be maintained for a 2-year period and be

  9  available for inspection by the department or at the request

10  of the board.

11         (c)  Any interest which accrues to sale proceeds on

12  deposit shall be the property of the seller for whom the funds

13  were received unless the parties have agreed otherwise by

14  written agreement executed prior to the auction.

15         (d)  Unless otherwise provided by written agreement

16  executed prior to the auction, funds received by a licensee

17  from the seller or his or her agent for expenses, including

18  advertising, must be expended for the purposes advanced or

19  refunded to the seller at the time of final settlement. Any

20  funds so received shall be maintained in an escrow or trust

21  account in an insured bank or savings and loan association

22  located in this state. However, this does not prohibit

23  advanced payment of a flat fee.

24         (11)(a)(6)  All advertising by an auctioneer or auction

25  business shall include the name and Florida license number of

26  such auctioneer and auction business.  The term "advertising"

27  shall not include articles of clothing, directional signs, or

28  other promotional novelty items.

29         (b)  No licensed auctioneer, apprentice, or auction

30  business may disseminate or cause to be disseminated any

31  advertisement or advertising which is false, deceptive,


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    CS for SB 1016                                 First Engrossed



  1  misleading, or untruthful. Any advertisement or advertising

  2  shall be deemed to be false, deceptive, misleading, or

  3  untruthful if it:

  4         1.  Contains misrepresentations of facts.

  5         2.  Is misleading or deceptive because, in its content

  6  or in the context in which it is presented, it makes only a

  7  partial disclosure of relevant facts.

  8         3.  Creates false or unjustified expectations of the

  9  services to be performed.

10         4.  Contains any representation or claim which the

11  advertising licensee fails to perform.

12         5.  Fails to include the name and license number of the

13  principal auctioneer and the auction business.

14         6.  Fails to include the name and license number of the

15  sponsor if an apprentice is acting as the principal

16  auctioneer.

17         7.  Advertises an auction as absolute without

18  specifying any and all items to be sold with reserve or with

19  minimum bids.

20         8.  Fails to include the percentage amount of any

21  buyer's premium or surcharge which is a condition to sale.

22         (c)  The provisions of this subsection apply to media

23  exposure of any nature, regardless of whether it is in the

24  form of paid advertising.

25         (d)  The auction business shall be responsible for the

26  content of all advertising disseminated in preparation for an

27  auction.

28         Section 12.  Paragraph (c) of subsection (1) of section

29  468.389, Florida Statutes, is amended to read:

30         468.389  Prohibited acts; penalties.--

31


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    CS for SB 1016                                 First Engrossed



  1         (1)  The following acts shall be grounds for the

  2  disciplinary activities provided in subsections (2) and (3):

  3         (c)  Failure to account for or to pay or return, within

  4  a reasonable time not to exceed 30 days, money or property

  5  belonging to another which has come into the control of an

  6  auctioneer or auction business through an auction.

  7         Section 13.  For the purpose of incorporating the

  8  amendment to section 468.389, Florida Statutes, in references

  9  thereto, subsection (3) of section 468.385 and section

10  468.391, Florida Statutes, are reenacted to read:

11         468.385  Licenses required; qualifications;

12  examination; bond.--

13         (3)  No person shall be licensed as an auctioneer or

14  apprentice if he or she:

15         (a)  Is under 18 years of age; or

16         (b)  Has committed any act or offense in this state or

17  any other jurisdiction which would constitute a basis for

18  disciplinary action under s. 468.389.

19         468.391  Penalty.--Any auctioneer, apprentice, or

20  auction business or any owner or manager thereof, or, in the

21  case of corporate ownership, any substantial stockholder of

22  the corporation owning the auction business, who operates

23  without an active license or violates any provision of the

24  prohibited acts listed under s. 468.389 commits a felony of

25  the third degree, punishable as provided in s. 775.082 or s.

26  775.083.

27         Section 14.  Subsection (2) of section 468.392, Florida

28  Statutes, is amended to read:

29         468.392  Auctioneer Recovery Fund.--There is created

30  the Auctioneer Recovery Fund as a separate account in the

31


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    CS for SB 1016                                 First Engrossed



  1  Professional Regulation Trust Fund.  The fund shall be

  2  administered by the Florida Board of Auctioneers.

  3         (2)  All payments and disbursements from the Auctioneer

  4  Recovery Fund shall be made by the Treasurer upon a voucher

  5  signed by the Secretary of Business and Professional

  6  Regulation or the secretary's designee. Amounts transferred to

  7  the Auctioneer Recovery Fund shall not be subject to any

  8  limitation imposed by an appropriation act of the Legislature.

  9         Section 15.  Section 468.395, Florida Statutes, is

10  amended to read:

11         468.395  Conditions of recovery; eligibility.--

12         (1)  Recovery from the Auctioneer Recovery Fund may be

13  obtained as follows:

14         (a)  Any aggrieved person is eligible to receive

15  recovery from the Auctioneer Recovery Fund if the Florida

16  Board of Auctioneers has issued a final order directing an

17  offending licensee to pay restitution to the claimant as the

18  result of the licensee violating, within this state, any

19  provision of s. 468.389 or any rule adopted by the board and

20  if the board determined that the order of restitution cannot

21  be enforced; or

22         (b)(1)  Any aggrieved person who obtains a final

23  judgment in any court against any licensee to recover damages

24  for any actual loss that results from the violation, within

25  this state, by failure to meet the obligations of a licensee

26  of any provision of s. 468.389 or any rule under this part and

27  the rules adopted by the board, with or without findings by

28  the board, that results in an actual cash loss to the

29  aggrieved person may, upon termination of all proceedings,

30  including appeals and proceedings supplemental to judgment for

31  collection purposes, file a verified application to the board


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    CS for SB 1016                                 First Engrossed



  1  in the court in which the judgment was entered for an order

  2  directing payment out of the Auctioneer Recovery Fund of the

  3  amount of actual and direct loss in the transaction that

  4  remains unpaid upon the judgment. Notwithstanding subsection

  5  (3), any application received by the court in which the

  6  judgment was entered within 6 months of termination of all

  7  proceedings, including appeals and proceedings supplemental to

  8  judgment for collection purposes, shall be considered timely

  9  filed. The amount of actual and direct loss may include court

10  costs, but shall not include attorney's fees or punitive

11  damages awarded.

12         (2)  The amount paid from the Auctioneer Recovery Fund

13  may not exceed $50,000 per claim judgment or claims judgments

14  arising out of the same transaction or auction or and an

15  aggregate lifetime limit of $100,000 with respect to any one

16  licensee. For purposes of this subsection, auctions conducted

17  under a single contract, agreement, or consignment shall be

18  considered a single transaction or auction even though

19  conducted at more than one time or place.

20         (2)  At the time the action is commenced, such person

21  shall give notice thereof to the board by certified mail,

22  except that, if no notice is given to the board, the claim may

23  still be honored if, in the opinion of the board, the claim is

24  otherwise valid.

25         (3)  A claim for recovery from the Auctioneer Recovery

26  Fund shall be made within 2 years from the time of the act

27  giving rise to the claim or within 2 years from the time the

28  act is discovered or should have been discovered with the

29  exercise of due diligence; however, in no event may a claim

30  for recovery be made more than 4 years after the date of the

31  act giving rise to the claim.


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    CS for SB 1016                                 First Engrossed



  1         (4)  The board court shall not issue an order for

  2  payment of a claim from the Auctioneer Recovery Fund unless

  3  the claimant has reasonably established to for the board court

  4  that she or he has taken proper and reasonable action to

  5  collect the amount of her or his claim from the licensee

  6  licensed auctioneer responsible for the loss and that any

  7  recovery made has been applied to reduce the amount of the

  8  claim on the Auctioneer Recovery Fund.

  9         (5)  Notwithstanding any other provision of this part,

10  no claim based on any act or omission that occurred outside

11  this state or that occurred before October 1, 1991, shall be

12  payable submitted for payment to or payment from the

13  Auctioneer Recovery Fund until after October 1, 1995.

14         (6)  In case of payment of loss from the Auctioneer

15  Recovery Fund, the fund shall be subrogated, to the extent of

16  the amount of the payment, to all the rights of the claimant

17  against any licensee with respect to the loss.

18         Section 16.  Section 468.397, Florida Statutes, is

19  amended to read:

20         468.397  Payment of claim.--Upon a final order of the

21  court directing that payment be made out of the Auctioneer

22  Recovery Fund, the board shall, subject to the provisions of

23  this part, make the payment out of to the Auctioneer Recovery

24  Fund as provided in s. 468.395.

25         Section 17.  Section 468.433, Florida Statutes, is

26  amended to read:

27         468.433  Licensure by examination.--

28         (1)  A person desiring to be licensed as a community

29  association manager shall apply to the department to take the

30  licensure examination.  Each applicant must file a complete

31  set of fingerprints that have been taken by an authorized law


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    CS for SB 1016                                 First Engrossed



  1  enforcement officer, which set of fingerprints shall be

  2  submitted to the Department of Law Enforcement for state

  3  processing and to the Federal Bureau of Investigation for

  4  federal processing.  The cost of processing shall be borne by

  5  the applicant.

  6         (2)  The department shall examine each applicant who is

  7  at least 18 years of age, who has successfully completed all

  8  prelicensure education requirements, and who the department

  9  certifies is of good moral character.

10         (a)  Good moral character means a personal history of

11  honesty, fairness, and respect for the rights of others and

12  for the laws of this state and nation.

13         (b)  The department may refuse to certify an applicant

14  only if:

15         1.  There is a substantial connection between the lack

16  of good moral character of the applicant and the professional

17  responsibilities of a community association manager; and

18         2.  The finding by the department of lack of good moral

19  character is supported by clear and convincing evidence.

20         (c)  When an applicant is found to be unqualified for a

21  license because of a lack of good moral character, the

22  department shall furnish the applicant a statement containing

23  its findings, a complete record of the evidence upon which the

24  determination was based, and a notice of the rights of the

25  applicant to a rehearing and appeal.

26         (d)  The council shall establish by rule the required

27  amount of prelicensure education, which shall consist of not

28  more than 24 hours of in-person instruction by a

29  department-approved provider and which shall cover all areas

30  of the examination specified in subsection (3). Such

31  instruction shall be completed within 12 months prior to the


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    CS for SB 1016                                 First Engrossed



  1  date of the examination. Prelicensure education providers

  2  shall be considered continuing education providers for

  3  purposes of establishing provider approval fees. A licensee

  4  shall not be required to comply with the continuing education

  5  requirements of s. 468.4337 prior to the first license

  6  renewal. The department shall, by rule, set standards for

  7  exceptions to the requirement of in-person instruction in

  8  cases of hardship or disability.

  9         (3)(2)  The council shall approve an examination for

10  licensure.  The examination must demonstrate that the

11  applicant has a fundamental knowledge of state and federal

12  laws relating to the operation of all types of community

13  associations and state laws relating to corporations and

14  nonprofit corporations, proper preparation of community

15  association budgets, proper procedures for noticing and

16  conducting community association meetings, insurance matters

17  relating to community associations, and management skills.

18         (4)(3)  The department shall issue a license to

19  practice in this state as a community association manager to

20  any applicant who successfully completes the examination in

21  accordance with this section and pays the appropriate fee.

22         Section 18.  Paragraph (h) of subsection (3) of section

23  468.525, Florida Statutes, is repealed.

24         Section 19.  Subsection (2) of section 468.526, Florida

25  Statutes, is amended to read:

26         468.526  License required; fees.--

27         (2)  Two or more, but not more than five, employee

28  leasing companies that are corporations which are majority

29  owned by the same ultimate parent, entity, or persons may be

30  licensed as an employee leasing company group.  An employee

31  leasing company group may satisfy the reporting and financial


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  1  requirements of this licensing law on a consolidated basis.

  2  As a condition of licensure as an employee leasing company

  3  group, each company that is a member of the group shall

  4  guarantee payment of all financial obligations of each other

  5  member.

  6         Section 20.  Section 468.531, Florida Statutes, is

  7  amended to read:

  8         468.531  Prohibitions; penalties.--

  9         (1)  No person or entity shall:

10         (a)  Practice or offer to practice as an employee

11  leasing company, an employee leasing company group, or a

12  controlling person unless such person or entity is licensed

13  pursuant to this part;

14         (b)  Practice or offer to practice as an employee

15  leasing company or employee leasing company group unless all

16  controlling persons thereof are licensed pursuant to this

17  part;

18         (c)  Use the name or title "licensed employee leasing

19  company," "employee leasing company," "employee leasing

20  company group," "professional employer," "professional

21  employer organization," or "controlling person," or words that

22  would tend to lead one to believe that such person or entity

23  is registered pursuant to this part, when such person or

24  entity has not registered pursuant to this part;

25         (d)  Present as his or her own or his or her entity's

26  own the license of another;

27         (e)  Knowingly give false or forged evidence to the

28  board or a member thereof; or

29         (f)  Use or attempt to use a license that has been

30  suspended or revoked.

31


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  1         (2)  Any person or entity that violates any provision

  2  of this section commits a misdemeanor of the first degree,

  3  punishable as provided in s. 775.082 or s. 775.083.

  4         Section 21.  Subsection (3) of section 470.005, Florida

  5  Statutes, is amended to read:

  6         470.005  Rulemaking authority of board and

  7  department.--

  8         (3)  The board shall adopt rules which establish

  9  requirements for inspection of direct disposal establishments,

10  funeral establishments, and cinerator facilities and the

11  records directly relating to the regulated activities of the

12  licensee to ensure compliance with the provisions of this

13  chapter and rules adopted hereunder.  Such rules shall

14  include, but not be limited to, requirements to inspect for

15  compliance with federal and state laws relating to the

16  receiving, handling, storage, and disposal of biohazardous and

17  hazardous waste.

18         Section 22.  Section 470.015, Florida Statutes, is

19  amended to read:

20         470.015  Renewal of funeral director and embalmer

21  licenses.--

22         (1)  The department shall renew a funeral director or

23  embalmer license upon receipt of the renewal application and

24  fee set by the board not to exceed $250.  The board may

25  prescribe by rule continuing education requirements of up to

26  12 classroom hours and may by rule establish criteria for

27  accepting alternative nonclassroom continuing education on an

28  hour-for-hour basis, in addition to a board-approved course on

29  communicable diseases that includes the course on human

30  immunodeficiency virus and acquired immune deficiency syndrome

31  required by s. 455.2226, for the renewal of a funeral director


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  1  or embalmer license. The board may provide for the waiver of

  2  continuing education requirements in circumstances that would

  3  justify the waiver, such as hardship, disability, or illness.

  4  The continuing education requirement is not required after

  5  July 1, 1996, for a licensee who is over the age of 75 years

  6  if the licensee does not qualify as the sole person in charge

  7  of an establishment or facility.

  8         (2)  The department shall adopt rules establishing a

  9  procedure for the biennial renewal of licenses.

10         (3)  The board shall adopt rules to establish

11  requirements for the advertising of continuing education

12  courses.

13         Section 23.  Subsection (1) of section 470.016, Florida

14  Statutes, is amended to read:

15         470.016  Inactive status.--

16         (1)  A funeral director or embalmer license that has

17  become inactive may be reactivated under s. 470.015 upon

18  application to the department. The board shall prescribe by

19  rule continuing education requirements as a condition of

20  reactivating a license. The continuing education requirements

21  for reactivating a license may not exceed 12 classroom hours

22  and may by rule establish criteria for accepting alternative

23  nonclassroom continuing education on an hour-for-hour basis,

24  in addition to a board-approved course on communicable

25  diseases, for each year the license was inactive.

26         Section 24.  Subsection (2) of section 470.017, Florida

27  Statutes, is amended, and subsection (5) is added to that

28  section, to read:

29         470.017  Registration as a direct disposer.--

30         (2)  Any person who desires to be registered as a

31  direct disposer shall file an application with the department


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  1  on a form furnished by the department. The department shall

  2  register each applicant who has remitted a registration fee

  3  set by the board department, not to exceed $200; has completed

  4  the application form and remitted a nonrefundable application

  5  fee set by the board department, not to exceed $50; and meets

  6  the following requirements:

  7         (a)  Is at least 18 years of age.

  8         (b)  Is a high school graduate or equivalent.

  9         (c)  Has no conviction or finding of guilt, and has

10  never entered a plea of nolo contendere, regardless of

11  adjudication, for a crime which directly relates to the

12  functions and duties of a direct disposer or the ability to

13  practice of direct disposition.

14         (d)  Has received a passing grade in a college credit

15  course in Florida mortuary law.

16         (e)  Has completed a board-approved course on

17  communicable diseases.

18         (f)  Has passed an examination prepared by the

19  department on the local, state, and federal laws and rules

20  relating to the disposition of dead human bodies.

21         (5)  After June 30, 2001, a person may not be

22  registered pursuant to this section. However, any person who

23  holds a valid registration on June 30, 2001, may continue to

24  renew such registration pursuant to s. 470.018 if the

25  registrant remains current and in good standing.

26         Section 25.  Subsection (2) of section 470.018, Florida

27  Statutes, is amended to read:

28         470.018  Renewal of registration of direct disposer.--

29         (2)  The department shall adopt rules establishing a

30  procedure for the biennial renewal of registrations.  The

31  board shall prescribe by rule continuing education


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  1  requirements of up to 3 classroom hours and may by rule

  2  establish criteria for accepting alternative nonclassroom

  3  continuing education on an hour-for-hour basis, in addition to

  4  a board-approved course on communicable diseases that includes

  5  the course on human immunodeficiency virus and acquired immune

  6  deficiency syndrome required by s. 455.2226, for the renewal

  7  of a registration.

  8         Section 26.  Subsection (10) is added to section

  9  470.021, Florida Statutes, to read:

10         470.021  Direct disposal establishment; standards and

11  location; registration.--

12         (10)  A direct disposal establishment may not be

13  operated at the same location as any other direct disposal

14  establishment or funeral establishment unless such

15  establishments were licensed as colocated establishments on

16  July 1, 2000.

17         Section 27.  Section 470.028, Florida Statutes, is

18  amended to read:

19         470.028  Preneed sales; registration of agents.--

20         (1)  All sales of preneed funeral service contracts or

21  direct disposition contracts shall be made pursuant to chapter

22  497.

23         (2)  No person may act as an agent for a funeral

24  director, funeral establishment, direct disposer, or direct

25  disposal disposer establishment with respect to the sale of

26  preneed contracts unless such person is registered pursuant to

27  chapter 497.

28         (3)  Each licensee or registrant shall be subject to

29  discipline if his or her agent violates any provision of this

30  chapter applicable to such licensee or registrant as

31  established by board rule.


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  1         Section 28.  Subsection (2) of section 470.0301,

  2  Florida Statutes, is amended to read:

  3         470.0301  Removal services; refrigeration facilities;

  4  centralized embalming facilities.--In order to ensure that the

  5  removal, refrigeration, and embalming of all dead human bodies

  6  is conducted in a manner that properly protects the public's

  7  health and safety, the board shall adopt rules to provide for

  8  the registration of removal services, refrigeration

  9  facilities, and centralized embalming facilities operated

10  independently of funeral establishments, direct disposal

11  establishments, and cinerator facilities.

12         (2)  CENTRALIZED EMBALMING FACILITIES.--In order to

13  ensure that all funeral establishments have access to

14  embalming facilities that comply with all applicable health

15  and safety requirements, the board shall adopt rules to

16  provide for the registration and operation of centralized

17  embalming facilities and shall require, at a minimum, the

18  following:

19         (a)  All centralized embalming facilities shall contain

20  all of the equipment and meet all of the requirements that a

21  preparation room located in a funeral establishment is

22  required to meet, but such facilities shall not be required to

23  comply with any of the other requirements for funeral

24  establishments, as set forth in s. 470.024.

25         (b)  Each licensed centralized embalming facility shall

26  have at least one full-time embalmer in charge. The full-time

27  embalmer in charge must have an active license and may not be

28  the full-time embalmer in charge, full-time funeral director

29  in charge, or full-time direct disposer in charge of any other

30  establishment licensed under this chapter.

31


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  1         (c)  Any person, regardless of whether such person is

  2  otherwise regulated by this chapter, may own such a facility,

  3  provided that such facility is operated in accordance with the

  4  rules established by the board.

  5         (d)  A centralized embalming facility may only provide

  6  services to funeral establishments.

  7         (e)  The practice of embalming done at a centralized

  8  embalming facility shall only be practiced by an embalmer

  9  licensed under this chapter and shall be provided only to

10  licensed funeral establishments.

11         (f)  Application for registration of a centralized

12  embalming facility shall be made on forms furnished by the

13  department and shall be accompanied by a nonrefundable fee not

14  to exceed $300 as set by board rule, and registration shall be

15  renewed biennially pursuant to procedures and upon payment of

16  a nonrefundable fee not to exceed $300 as set by board rule.

17  The board may also establish by rule a late fee not to exceed

18  $50. Any registration not renewed within 30 days after the

19  renewal date shall expire without further action by the

20  department.

21         (g)  The board shall set by rule an annual inspection

22  fee not to exceed $100, payable upon application for

23  registration and upon renewal of such registration.

24         (h)  The board shall, by rule, establish operating

25  procedures which shall require, at a minimum, that centralized

26  embalming facilities maintain a system of identification of

27  human remains received for embalming.

28         Section 29.  Subsections (2) and (3) of section

29  471.003, Florida Statutes, are amended to read:

30         471.003  Qualifications for practice, exemptions.--

31


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  1         (2)  The following persons are not required to register

  2  under the provisions of this chapter ss. 471.001-471.037 as a

  3  registered engineer:

  4         (a)  Any person practicing engineering for the

  5  improvement of, or otherwise affecting, property legally owned

  6  by her or him, unless such practice involves a public utility

  7  or the public health, safety, or welfare or the safety or

  8  health of employees.  This paragraph shall not be construed as

  9  authorizing the practice of engineering through an agent or

10  employee who is not duly registered under the provisions of

11  this chapter ss. 471.001-471.037.

12         (b)1.  A person acting as a public officer employed by

13  any state, county, municipal, or other governmental unit of

14  this state when working on any project the total estimated

15  cost of which is $10,000 or less.

16         2.  Persons who are employees of any state, county,

17  municipal, or other governmental unit of this state and who

18  are the subordinates of a person in responsible charge

19  registered under this chapter ss. 471.001-471.037, to the

20  extent that the supervision meets standards adopted by rule of

21  the board.

22         (c)  Regular full-time employees of a corporation not

23  engaged in the practice of engineering as such, whose practice

24  of engineering for such corporation is limited to the design

25  or fabrication of manufactured products and servicing of such

26  products.

27         (d)  Regular full-time employees of a public utility or

28  other entity subject to regulation by the Florida Public

29  Service Commission, Federal Energy Regulatory Commission, or

30  Federal Communications Commission.

31


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  1         (e)  Employees of a firm, corporation, or partnership

  2  who are the subordinates of a person in responsible charge,

  3  registered under this chapter ss. 471.001-471.037.

  4         (f)  Any person as contractor in the execution of work

  5  designed by a professional engineer or in the supervision of

  6  the construction of work as a foreman or superintendent.

  7         (g)  A registered surveyor and mapper who takes, or

  8  contracts for, professional engineering services incidental to

  9  her or his practice of surveying and mapping and who delegates

10  such engineering services to a registered professional

11  engineer qualified within her or his firm or contracts for

12  such professional engineering services to be performed by

13  others who are registered professional engineers under the

14  provisions of this chapter ss. 471.001-471.037.

15         (h)  Any electrical, plumbing, air-conditioning, or

16  mechanical contractor whose practice includes the design and

17  fabrication of electrical, plumbing, air-conditioning, or

18  mechanical systems, respectively, which she or he installs by

19  virtue of a license issued under chapter 489, under part I of

20  chapter 553, or under any special act or ordinance when

21  working on any construction project which:

22         1.  Requires an electrical or plumbing or

23  air-conditioning and refrigeration system with a value of

24  $50,000 or less; and

25         2.a.  Requires an aggregate service capacity of 600

26  amperes (240 volts) or less on a residential electrical system

27  or 800 amperes (240 volts) or less on a commercial or

28  industrial electrical system;

29         b.  Requires a plumbing system with fewer than 250

30  fixture units; or

31


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    CS for SB 1016                                 First Engrossed



  1         c.  Requires a heating, ventilation, and

  2  air-conditioning system not to exceed a 15-ton-per-system

  3  capacity, or if the project is designed to accommodate 100 or

  4  fewer persons.

  5         (i)  Any general contractor, certified or registered

  6  pursuant to the provisions of chapter 489, when negotiating or

  7  performing services under a design-build contract as long as

  8  the engineering services offered or rendered in connection

  9  with the contract are offered and rendered by an engineer

10  licensed or registered in accordance with this chapter.

11         (3)  Notwithstanding the provisions of this chapter ss.

12  471.001-471.037 or of any other law, no registered engineer

13  whose principal practice is civil or structural engineering,

14  or employee or subordinate under the responsible supervision

15  or control of the engineer, is precluded from performing

16  architectural services which are purely incidental to her or

17  his engineering practice, nor is any registered architect, or

18  employee or subordinate under the responsible supervision or

19  control of the architect, precluded from performing

20  engineering services which are purely incidental to her or his

21  architectural practice.  However, no engineer shall practice

22  architecture or use the designation "architect" or any term

23  derived therefrom, and no architect shall practice engineering

24  or use the designation "engineer" or any term derived

25  therefrom.

26         Section 30.  Section 471.0035, Florida Statutes, is

27  amended to read:

28         471.0035  Instructors in postsecondary educational

29  institutions; exemption from registration requirement.--For

30  the sole purpose of teaching the principles and methods of

31  engineering design, notwithstanding the provisions of s.


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  1  471.005(6), a person employed by a public postsecondary

  2  educational institution, or by an independent postsecondary

  3  educational institution licensed or exempt from licensure

  4  pursuant to the provisions of chapter 246, is not required to

  5  register under the provisions of this chapter ss.

  6  471.001-471.037 as a registered engineer.

  7         Section 31.  Section 471.005, Florida Statutes, is

  8  amended to read:

  9         471.005  Definitions.--As used in this chapter ss.

10  471.001-471.037, the term:

11         (1)  "Board" means the Board of Professional Engineers.

12         (2)  "Certificate of authorization" means a license to

13  practice engineering issued by the department to a corporation

14  or partnership.

15         (3)  "Department" means the Department of Business and

16  Professional Regulation.

17         (4)  "Engineer" includes the terms "professional

18  engineer" and "registered engineer" and means a person who is

19  registered to engage in the practice of engineering under this

20  chapter ss. 471.001-471.037.

21         (5)  "Engineer intern" means a person who has graduated

22  from, or is in the final year of, an engineering curriculum

23  approved by the board and has passed the fundamentals of

24  engineering examination as provided by rules adopted by the

25  board.

26         (6)  "Engineering" includes the term "professional

27  engineering" and means any service or creative work, the

28  adequate performance of which requires engineering education,

29  training, and experience in the application of special

30  knowledge of the mathematical, physical, and engineering

31  sciences to such services or creative work as consultation,


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    CS for SB 1016                                 First Engrossed



  1  investigation, evaluation, planning, and design of engineering

  2  works and systems, planning the use of land and water,

  3  teaching of the principles and methods of engineering design,

  4  engineering surveys, and the inspection of construction for

  5  the purpose of determining in general if the work is

  6  proceeding in compliance with drawings and specifications, any

  7  of which embraces such services or work, either public or

  8  private, in connection with any utilities, structures,

  9  buildings, machines, equipment, processes, work systems,

10  projects, and industrial or consumer products or equipment of

11  a mechanical, electrical, hydraulic, pneumatic, or thermal

12  nature, insofar as they involve safeguarding life, health, or

13  property; and includes such other professional services as may

14  be necessary to the planning, progress, and completion of any

15  engineering services.  A person who practices any branch of

16  engineering; who, by verbal claim, sign, advertisement,

17  letterhead, or card, or in any other way, represents himself

18  or herself to be an engineer or, through the use of some other

19  title, implies that he or she is an engineer or that he or she

20  is registered under this chapter ss. 471.001-471.037; or who

21  holds himself or herself out as able to perform, or does

22  perform, any engineering service or work or any other service

23  designated by the practitioner which is recognized as

24  engineering shall be construed to practice or offer to

25  practice engineering within the meaning and intent of this

26  chapter ss. 471.001-471.037.

27         (7)  "License" means the registration of engineers or

28  certification of businesses to practice engineering in this

29  state.

30         (8)  "Retired professional engineer" or "professional

31  engineer, retired" means a person who has been duly licensed


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    CS for SB 1016                                 First Engrossed



  1  as a professional engineer by the board and who chooses to

  2  relinquish or not to renew his or her license and applies to

  3  and is approved by the board to be granted the title

  4  "Professional Engineer, Retired."

  5         Section 32.  Subsection (1) of section 471.011, Florida

  6  Statutes, is amended to read:

  7         471.011  Fees.--

  8         (1)  The board by rule may establish fees to be paid

  9  for applications, examination, reexamination, licensing and

10  renewal, inactive status application and reactivation of

11  inactive licenses, and recordmaking and recordkeeping. The

12  board may also establish by rule a delinquency fee. The board

13  shall establish fees that are adequate to ensure the continued

14  operation of the board. Fees shall be based on department

15  estimates of the revenue required to implement this chapter

16  ss. 471.001-471.037 and the provisions of law with respect to

17  the regulation of engineers.

18         Section 33.  Subsection (4) and paragraph (a) of

19  subsection (5) of section 471.015, Florida Statutes, are

20  amended to read:

21         471.015  Licensure.--

22         (4)  The department shall not issue a license by

23  endorsement to any applicant who is under investigation in

24  another state for any act that would constitute a violation of

25  this chapter ss. 471.001-471.037 or of part I of chapter 455

26  until such time as the investigation is complete and

27  disciplinary proceedings have been terminated.

28         (5)(a)  The board shall deem that an applicant who

29  seeks licensure by endorsement has passed an examination

30  substantially equivalent to part I of the engineering

31  examination when such applicant:


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  1         1.  Has held a valid professional engineer's

  2  registration in another state for 15 years and has had 20

  3  years of continuous professional-level engineering experience;

  4         2.  Has received a doctorate degree in engineering from

  5  an institution that has an undergraduate a nationally

  6  accredited engineering degree program which is accredited by

  7  the Accreditation Board for Engineering Technology; or

  8         3.  Has received a doctorate degree in engineering and

  9  has taught engineering full time for at least 3 years, at the

10  baccalaureate level or higher, after receiving that degree.

11         Section 34.  Subsections (2) and (3) of section

12  471.017, Florida Statutes, are amended to read:

13         471.017  Renewal of license.--

14         (2)  The board department shall adopt rules

15  establishing a procedure for the biennial renewal of licenses.

16         (3)  The board shall require a demonstration of

17  continuing professional competency of engineers as a condition

18  of license renewal or relicensure. Every licensee must

19  complete 15 professional development hours, or the equivalent

20  thereof, for each year of the license renewal period. The

21  board shall adopt rules that are consistent with the

22  guidelines of the National Council of Examiners for

23  Engineering and Surveying for multijurisdictional licensees

24  for the purpose of avoiding proprietary continuing

25  professional competency requirements. The board may, by rule,

26  exempt from continuing professional competency requirements

27  retired professional engineers who no longer sign and seal

28  engineering documents and licensees in unique circumstances

29  that severely limit opportunities to obtain the required

30  professional development hours. Commencing with licensure

31  renewal in 2002, each licensee actively participating in the


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    CS for SB 1016                                 First Engrossed



  1  design of engineering works or systems in connection with

  2  buildings, structures, and facilities covered by the Florida

  3  Building Code shall submit proof to the board that the

  4  licensee participates in continuing education courses relating

  5  to the core curriculum courses or the building code training

  6  program or evidence of passing an equivalency test on the core

  7  curriculum courses or specialized or advanced courses on any

  8  portion of the Florida Building Code applicable to the area of

  9  practice.

10         Section 35.  Section 471.019, Florida Statutes, is

11  amended to read:

12         471.019  Reactivation; design of engineering works or

13  systems; continuing education.--

14         (1)  The board shall prescribe by rule continuing

15  education requirements for reactivating a license. The

16  continuing education requirements for reactivating a license

17  for a registered engineer may not exceed 12 classroom hours

18  for each year the license was inactive.

19         (2)  All licensees actively participating in the design

20  of engineering works or systems in connection with buildings,

21  structures, or facilities and systems covered by the Florida

22  Building Code shall take continuing education courses and

23  submit proof to the board, at such times and in such manner as

24  established by the board by rule, that the licensee has

25  completed the core curriculum courses and any specialized or

26  advanced courses on any portion of the Florida Building Code

27  applicable to the licensee's area of practice or has passed

28  the appropriate equivalency test of the Building Code Training

29  Program established by s. 553.841.  The board shall record

30  reported continuing education courses on a system easily

31  accessed by code enforcement jurisdictions for evaluation when


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    CS for SB 1016                                 First Engrossed



  1  determining license status for purposes of processing design

  2  documents. Local jurisdictions shall be responsible for

  3  notifying the board when design documents are submitted for

  4  building construction permits by persons who are not in

  5  compliance with this section. The board shall take appropriate

  6  action as provided by its rules when such noncompliance is

  7  determined to exist.

  8         Section 36.  Section 471.0195, Florida Statutes, is

  9  created to read:

10         471.0195  Florida Building Code training for

11  engineers.--Effective January 1, 2000, all licensees actively

12  participating in the design of engineering works or systems in

13  connection with buildings, structures, or facilities and

14  systems covered by the Florida Building Code shall take

15  continuing education courses and submit proof to the board, at

16  such times and in such manner as established by the board by

17  rule, that the licensee has completed the core curriculum

18  courses and any specialized or advanced courses on any portion

19  of the Florida Building Code applicable to the licensee's area

20  of practice or has passed the appropriate equivalency test of

21  the Building Code Training Program established by s. 553.841.

22  The board shall record reported continuing education courses

23  on a system easily accessed by code enforcement jurisdictions

24  for evaluation when determining license status for purposes of

25  processing design documents. Local jurisdictions shall be

26  responsible for notifying the board when design documents are

27  submitted for building construction permits by persons who are

28  not in compliance with this section. The board shall take

29  appropriate action as provided by its rules when such

30  noncompliance is determined to exist.

31


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    CS for SB 1016                                 First Engrossed



  1         Section 37.  Subsection (1) of section 471.023, Florida

  2  Statutes, is amended to read:

  3         471.023  Certification of partnerships and

  4  corporations.--

  5         (1)  The practice of, or the offer to practice,

  6  engineering by registrants through a corporation or

  7  partnership offering engineering services to the public or by

  8  a corporation or partnership offering said services to the

  9  public through registrants under this chapter ss.

10  471.001-471.037 as agents, employees, officers, or partners is

11  permitted only if the firm possesses a certification issued by

12  the department pursuant to qualification by the board, subject

13  to the provisions of this chapter ss. 471.001-471.037.  One or

14  more of the principal officers of the corporation or one or

15  more partners of the partnership and all personnel of the

16  corporation or partnership who act in its behalf as engineers

17  in this state shall be registered as provided by this chapter

18  ss. 471.001-471.037.  All final drawings, specifications,

19  plans, reports, or documents involving practices registered

20  under this chapter ss. 471.001-471.037 which are prepared or

21  approved for the use of the corporation or partnership or for

22  public record within the state shall be dated and shall bear

23  the signature and seal of the registrant who prepared or

24  approved them. Nothing in this section shall be construed to

25  mean that a certificate of registration to practice

26  engineering shall be held by a corporation.  Nothing herein

27  prohibits corporations and partnerships from joining together

28  to offer engineering services to the public, provided each

29  corporation or partnership otherwise meets the requirements of

30  this section. No corporation or partnership shall be relieved

31  of responsibility for the conduct or acts of its agents,


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  1  employees, or officers by reason of its compliance with this

  2  section, nor shall any individual practicing engineering be

  3  relieved of responsibility for professional services performed

  4  by reason of his or her employment or relationship with a

  5  corporation or partnership.

  6         Section 38.  Subsection (1) of section 471.025, Florida

  7  Statutes, is amended to read:

  8         471.025  Seals.--

  9         (1)  The board shall prescribe, by rule, a form of seal

10  to be used by registrants holding valid certificates of

11  registration.  Each registrant shall obtain an impression-type

12  metal seal in the form aforesaid and may, in addition,

13  register his or her seal electronically in accordance with ss.

14  282.70-282.75.  All final drawings, specifications, plans,

15  reports, or documents prepared or issued by the registrant and

16  being filed for public record and all final bid documents

17  provided to the owner or the owner's representative shall be

18  signed by the registrant, dated, and stamped with said seal.

19  Such signature, date, and seal shall be evidence of the

20  authenticity of that to which they are affixed.  Drawings,

21  specifications, plans, reports, final bid documents, or

22  documents prepared or issued by a registrant may be

23  transmitted electronically and may be signed by the

24  registrant, dated, and stamped electronically with said seal

25  in accordance with ss. 282.70-282.75.

26         Section 39.  Section 471.031, Florida Statutes, is

27  amended to read:

28         471.031  Prohibitions; penalties.--

29         (1)  A person may not knowingly:

30         (a)  Practice engineering unless the person is

31  registered under this chapter ss. 471.001-471.037;


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  1         (b)  Use the name or title "registered engineer" or any

  2  other title, designation, words, letters, abbreviations, or

  3  device tending to indicate that such person holds an active

  4  registration as an engineer when the person is not registered

  5  under this chapter ss. 471.001-471.037;

  6         (c)  Present as his or her own the registration of

  7  another;

  8         (d)  Give false or forged evidence to the board or a

  9  member thereof;

10         (e)  Use or attempt to use a registration that has been

11  suspended, revoked, or placed on inactive or delinquent

12  status;

13         (f)  Employ unlicensed persons to practice engineering;

14  or

15         (g)  Conceal information relative to violations of this

16  chapter ss. 471.001-471.037.

17         (2)  Any person who violates any provision of this

18  section commits is guilty of a misdemeanor of the first

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         Section 40.  Section 471.037, Florida Statutes, is

21  amended to read:

22         471.037  Effect of chapter ss. 471.001-471.037

23  locally.--

24         (1)  Nothing contained in this chapter ss.

25  471.001-471.037 shall be construed to repeal, amend, limit, or

26  otherwise affect any local building code or zoning law or

27  ordinance, now or hereafter enacted, which is more restrictive

28  with respect to the services of registered engineers than the

29  provisions of this chapter ss. 471.001-471.037.

30         (2)  In counties or municipalities that issue building

31  permits, such permits may not be issued in any case in which


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  1  it is apparent from the application for the building permit

  2  that the provisions of this chapter ss. 471.001-471.037 have

  3  been violated. However, this subsection does not authorize the

  4  withholding of building permits in cases involving the

  5  exceptions and exemptions set out in s. 471.003.

  6         Section 41.  Subsection (11) of section 474.202,

  7  Florida Statutes, is amended to read:

  8         474.202  Definitions.--As used in this chapter:

  9         (11)  "Veterinarian" means a health care practitioner

10  person who is licensed to engage in the practice of veterinary

11  medicine in Florida under the authority of this chapter.

12         Section 42.  Section 474.203, Florida Statutes, is

13  amended to read:

14         474.203  Exemptions.--This chapter shall not apply to:

15         (1)  Any faculty member practicing only in conjunction

16  with teaching duties at a school or college of veterinary

17  medicine. Such school or college shall be located in this

18  state and be accredited by the American Veterinary Medical

19  Association Council on Education. However, this exemption

20  shall only apply to such a faculty member who does not hold a

21  valid license issued under this chapter, but who is a graduate

22  of a school or college of veterinary medicine accredited by

23  the American Veterinary Medical Association Council on

24  Education or a school or college recognized by the American

25  Veterinary Medical Association Commission for Foreign

26  Veterinary Graduates. The faculty member exemption shall

27  automatically expire when such school or college terminates

28  the faculty member from such teaching duties.  On December 31

29  of each year, such school or college shall provide the board

30  with a written list of all faculty who are exempt from this

31


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  1  chapter. Such school or college shall also notify the board in

  2  writing of any additions or deletions to such list.

  3         (2)  A person practicing as an intern or resident

  4  veterinarian who does not hold a valid license issued under

  5  this chapter and who is a graduate in training at a school or

  6  college of veterinary medicine located in this state and

  7  accredited by the American Veterinary Medical Association

  8  Council on Education or a school or college recognized by the

  9  American Veterinary Medical Association Commission for Foreign

10  Veterinary Graduates. Such intern or resident must be a

11  graduate of a school or college of veterinary medicine

12  accredited by the American Veterinary Medical Association

13  Council on Education. This exemption expires when such intern

14  or resident completes or is terminated from such training.

15  Each school or college at which such intern or resident is in

16  training shall, on July 1 of each year, provide the board with

17  a written list of all such interns or residents designated for

18  this exemption, and the school or college shall also notify

19  the board of any additions or deletions to the list.

20         (3)(2)  A student in a school or college of veterinary

21  medicine while in the performance of duties assigned by her or

22  his instructor or when working as a preceptor under the

23  immediate supervision of a licensee, provided that such

24  preceptorship is required for graduation from an accredited

25  school or college of veterinary medicine.  The licensed

26  veterinarian shall be responsible for all acts performed by a

27  preceptor under her or his supervision.

28         (4)(3)  Any doctor of veterinary medicine in the employ

29  of a state agency or the United States Government while

30  actually engaged in the performance of her or his official

31  duties; however, this exemption shall not apply to such person


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  1  when the person is not engaged in carrying out her or his

  2  official duties or is not working at the installations for

  3  which her or his services were engaged.

  4         (5)(4)  Any person, or the person's regular employee,

  5  administering to the ills or injuries of her or his own

  6  animals, including, but not limited to, castration, spaying,

  7  and dehorning of herd animals, unless title has been

  8  transferred or employment provided for the purpose of

  9  circumventing this law. This exemption shall not apply to

10  out-of-state veterinarians practicing temporarily in the

11  state. However, only a veterinarian may immunize or treat an

12  animal for diseases which are communicable to humans and which

13  are of public health significance.

14         (6)(5)  State agencies, accredited schools,

15  institutions, foundations, business corporations or

16  associations, physicians licensed to practice medicine and

17  surgery in all its branches, graduate doctors of veterinary

18  medicine, or persons under the direct supervision thereof,

19  which or who conduct experiments and scientific research on

20  animals in the development of pharmaceuticals, biologicals,

21  serums, or methods of treatment, or techniques for the

22  diagnosis or treatment of human ailments, or when engaged in

23  the study and development of methods and techniques directly

24  or indirectly applicable to the problems of the practice of

25  veterinary medicine.

26         (7)(6)  Any veterinary aide, nurse, laboratory

27  technician, preceptor, or other employee of a licensed

28  veterinarian who administers medication or who renders

29  auxiliary or supporting assistance under the responsible

30  supervision of a such licensed veterinarian practitioner,

31  including those tasks identified by rule of the board


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  1  requiring immediate supervision. However, the licensed

  2  veterinarian shall be responsible for all such acts performed

  3  under this subsection by persons under her or his supervision.

  4         (8)  A veterinarian, licensed by and actively

  5  practicing veterinary medicine in another state, who is board

  6  certified in a specialty recognized by the board and who

  7  responds to a request of a veterinarian licensed in this state

  8  to assist with the treatment on a specific case of a specific

  9  animal or with the treatment on a specific case of the animals

10  of a single owner, as long as the veterinarian licensed in

11  this state requests the other veterinarian's presence. A

12  veterinarian who practices under this subsection is not

13  eligible to apply for a premises permit under s. 474.215.

14

15  For the purposes of chapters 465 and 893, persons exempt

16  pursuant to subsection (1), subsection (2), or subsection (4)

17  are deemed to be duly licensed practitioners authorized by the

18  laws of this state to prescribe drugs or medicinal supplies.

19         Section 43.  Subsection (3) of section 474.211, Florida

20  Statutes, is amended to read:

21         474.211  Renewal of license.--

22         (3)  The board may by rule prescribe continuing

23  education, not to exceed 30 hours biennially, as a condition

24  for renewal of a license or certificate. The criteria for such

25  programs, providers, and or courses shall be approved by the

26  board.

27         Section 44.  Paragraph (c) of subsection (2) of section

28  474.214, Florida Statutes, is amended to read:

29         474.214  Disciplinary proceedings.--

30         (2)  When the board finds any applicant or veterinarian

31  guilty of any of the grounds set forth in subsection (1),


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  1  regardless of whether the violation occurred prior to

  2  licensure, it may enter an order imposing one or more of the

  3  following penalties:

  4         (c)  Imposition of an administrative fine not to exceed

  5  $5,000 $1,000 for each count or separate offense.

  6

  7  In determining appropriate action, the board must first

  8  consider those sanctions necessary to protect the public.

  9  Only after those sanctions have been imposed may the

10  disciplining authority consider and include in its order

11  requirements designed to rehabilitate the veterinarian.  All

12  costs associated with compliance with any order issued under

13  this subsection are the obligation of the veterinarian.

14         Section 45.  For the purpose of incorporating the

15  amendment to section 474.214, Florida Statutes, in references

16  thereto, subsection (2) of section 474.207, Florida Statutes,

17  is reenacted to read:

18         474.207  Licensure by examination.--

19         (2)  The department shall license each applicant who

20  the board certifies has:

21         (a)  Completed the application form and remitted an

22  examination fee set by the board.

23         (b)1.  Graduated from a college of veterinary medicine

24  accredited by the American Veterinary Medical Association

25  Council on Education; or

26         2.  Graduated from a college of veterinary medicine

27  listed in the American Veterinary Medical Association Roster

28  of Veterinary Colleges of the World and obtained a certificate

29  from the Education Commission for Foreign Veterinary

30  Graduates.

31


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  1         (c)  Successfully completed the examination provided by

  2  the department for this purpose, or an examination determined

  3  by the board to be equivalent.

  4         (d)  Demonstrated knowledge of the laws and rules

  5  governing the practice of veterinary medicine in Florida in a

  6  manner designated by rules of the board.

  7

  8  The department shall not issue a license to any applicant who

  9  is under investigation in any state or territory of the United

10  States or in the District of Columbia for an act which would

11  constitute a violation of this chapter until the investigation

12  is complete and disciplinary proceedings have been terminated,

13  at which time the provisions of s. 474.214 shall apply.

14         Section 46.  For the purpose of incorporating the

15  amendment to section 474.214, Florida Statutes, in references

16  thereto, subsection (2) of section 474.217, Florida Statutes,

17  is reenacted to read:

18         474.217  Licensure by endorsement.--

19         (2)  The department shall not issue a license by

20  endorsement to any applicant who is under investigation in any

21  state, territory, or the District of Columbia for an act which

22  would constitute a violation of this chapter until the

23  investigation is complete and disciplinary proceedings have

24  been terminated, at which time the provisions of s. 474.214

25  shall apply.

26         Section 47.  Subsection (7) of section 474.215, Florida

27  Statutes, is amended, and subsections (8) and (9) are added to

28  that section, to read:

29         474.215  Premises permits.--

30         (7)  The board by rule shall establish minimum

31  standards for the operation of limited service veterinary


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  1  medical practices. Such rules shall not restrict limited

  2  service veterinary medical practices and shall be consistent

  3  with the type of limited veterinary medical service provided.

  4         (a)  Any person that offers or provides limited service

  5  veterinary medical practice shall obtain a biennial permit

  6  from the board the cost of which shall not exceed $250. The

  7  limited service permittee shall register each location where a

  8  limited service clinic is held and shall pay a fee set by rule

  9  not to exceed $25 to register each such location.

10         (b)  All permits issued under this subsection are

11  subject to the provisions of ss. 474.213 and 474.214.

12         (c)  Notwithstanding any provision of this subsection

13  to the contrary, any temporary rabies vaccination effort

14  operated by a county health department in response to a public

15  health threat, as declared by the State Health Officer in

16  consultation with the State Veterinarian, is not subject to

17  any preregistration, time limitation, or fee requirements, but

18  must adhere to all other requirements for limited service

19  veterinary medical practice as prescribed by rule. The fee

20  charged to the public for a rabies vaccination administered

21  during such temporary rabies vaccination effort may not exceed

22  the actual cost of administering the rabies vaccine. Such

23  rabies vaccination efforts may not be used for any purpose

24  other than to address the public health consequences of the

25  rabies outbreak. The board shall be immediately notified in

26  writing of any temporary rabies vaccination effort operated

27  under this paragraph.

28         (8)  Any person who is not a veterinarian licensed

29  under this chapter but who desires to own and operate a

30  veterinary medical establishment or limited service clinic

31  shall apply to the board for a premises permit. If the board


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  1  certifies that the applicant complies with the applicable laws

  2  and rules of the board, the department shall issue a premises

  3  permit. No permit shall be issued unless a licensed

  4  veterinarian is designated to undertake the professional

  5  supervision of the veterinary medical practice and the minimum

  6  standards set by rule of the board for premises where

  7  veterinary medicine is practiced. Upon application, the

  8  department shall submit the permittee's name for a statewide

  9  criminal records correspondence check through the Department

10  of Law Enforcement. The permittee shall notify the board

11  within 10 days after any designation of a new licensed

12  veterinarian responsible for such duties. A permittee under

13  this subsection is subject to the provisions of subsection (9)

14  and s. 474.214.

15         (9)(a)  The department or the board may deny, revoke,

16  or suspend the permit of any permittee under this section and

17  may fine, place on probation, or otherwise discipline any such

18  permittee who has:

19         1.  Obtained a permit by misrepresentation or fraud or

20  through an error of the department or board;

21         2.  Attempted to procure, or has procured, a permit for

22  any other person by making, or causing to be made, any false

23  representation;

24         3.  Violated any of the requirements of this chapter or

25  any rule of the board; or

26         4.  Been convicted or found guilty of, or entered a

27  plea of nolo contendere to, regardless of adjudication, a

28  felony in any court of this state, of any other state, or of

29  the United States.

30         (b)  If the permit is revoked or suspended, the owner,

31  manager, or proprietor shall cease to operate the premises as


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  1  a veterinary medical practice as of the effective date of the

  2  suspension or revocation. In the event of such revocation or

  3  suspension, the owner, manager, or proprietor shall remove

  4  from the premises all signs and symbols identifying the

  5  premises as a veterinary medical practice. The period of any

  6  such suspension shall be prescribed by rule of the board, but

  7  may not exceed 1 year. If the permit is revoked, the person

  8  owning or operating the establishment may not apply for a

  9  permit to operate a premises for a period of 1 year after the

10  effective date of such revocation. Upon the effective date of

11  such revocation, the permittee must advise the board of the

12  disposition of all medicinal drugs and must provide for

13  ensuring the security, confidentiality, and availability to

14  clients of all patient medical records.

15         Section 48.  Section 474.2165, Florida Statutes, is

16  amended to read:

17         474.2165  Ownership and control of veterinary medical

18  patient records; report or copies of records to be

19  furnished.--

20         (1)  As used in this section, the term "records owner"

21  means any veterinarian who generates a medical record after

22  making a physical examination of, or administering treatment

23  or dispensing legend drugs to, any patient; any veterinarian

24  to whom records are transferred by a previous records owner;

25  or any veterinarian's employer, provided the employment

26  contract or agreement between the employer and the

27  veterinarian designates the employer as the records owner.

28         (2)  Each person who provides veterinary medical

29  services shall maintain medical records, as established by

30  rule.

31


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  1         (3)  Any records owner licensed under this chapter who

  2  makes an examination of, or administers treatment or dispenses

  3  legend drugs to, any patient shall, upon request of the client

  4  or the client's legal representative, furnish, in a timely

  5  manner, without delays for legal review, copies of all reports

  6  and records relating to such examination or treatment,

  7  including X rays. The furnishing of such report or copies

  8  shall not be conditioned upon payment of a fee for services

  9  rendered.

10         (4)  Except as otherwise provided in this section, such

11  records may not be furnished to, and the medical condition of

12  a patient may not be discussed with, any person other than the

13  client or the client's legal representative or other

14  veterinarians involved in the care or treatment of the

15  patient, except upon written authorization of the client.

16  However, such records may be furnished without written

17  authorization under the following circumstances:

18         (a)  To any person, firm, or corporation that has

19  procured or furnished such examination or treatment with the

20  client's consent.

21         (b)  In any civil or criminal action, unless otherwise

22  prohibited by law, upon the issuance of a subpoena from a

23  court of competent jurisdiction and proper notice to the

24  client or the client's legal representative by the party

25  seeking such records.

26         (c)  For statistical and scientific research, provided

27  the information is abstracted in such a way as to protect the

28  identity of the patient and the client, or provided written

29  permission is received from the client or the client's legal

30  representative.

31


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  1         (5)  Except in a medical negligence action or

  2  administrative proceeding when a veterinarian is or reasonably

  3  expects to be named as a defendant, information disclosed to a

  4  veterinarian by a client in the course of the care and

  5  treatment of the patient is confidential and may be disclosed

  6  only to other veterinarians involved in the care or treatment

  7  of the patient, or if permitted by written authorization from

  8  the client or compelled by subpoena at a deposition,

  9  evidentiary hearing, or trial for which proper notice has been

10  given.

11         (6)  The department may obtain patient records pursuant

12  to a subpoena without written authorization from the client if

13  the department and the probable cause panel of the board find

14  reasonable cause to believe that a veterinarian has

15  excessively or inappropriately prescribed any controlled

16  substance specified in chapter 893 in violation of this

17  chapter or that a veterinarian has practiced his or her

18  profession below that level of care, skill, and treatment

19  required as defined by this chapter.

20         (7)  Notwithstanding the provisions of s. 455.242,

21  records owners shall place an advertisement in the local

22  newspaper or notify clients, in writing, when they are

23  terminating practice, retiring, or relocating and are no

24  longer available to patients and shall offer clients the

25  opportunity to obtain a copy of their medical records.

26         (8)  Notwithstanding the provisions of s. 455.242,

27  records owners shall notify the board office when they are

28  terminating practice, retiring, or relocating and are no

29  longer available to patients, specifying who the new records

30  owner is and where the medical records can be found.

31


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  1         (9)  Whenever a records owner has turned records over

  2  to a new records owner, the new records owner shall be

  3  responsible for providing a copy of the complete medical

  4  record, upon written request, of the client or the client's

  5  legal representative.

  6         (10)  Veterinarians in violation of the provisions of

  7  this section shall be disciplined by the board.

  8         (11)  A records owner furnishing copies of reports or

  9  records pursuant to this section shall charge no more than the

10  actual cost of copying, including reasonable staff time, or

11  the amount specified in administrative rule by the board.

12         (12)  Nothing in this section shall be construed to

13  limit veterinarian consultations, as necessary.

14         Section 49.  Notwithstanding the transfer of the

15  Division of Medical Quality Assurance to the Department of

16  Health or any other provision of law to the contrary,

17  veterinarians licensed under chapter 474, Florida Statutes,

18  shall be governed by the treatment of impaired practitioner

19  provisions of section 455.707, Florida Statutes, as if they

20  were under the jurisdiction of the Division of Medical Quality

21  Assurance, except that for veterinarians the Department of

22  Business and Professional Regulation shall, at its option,

23  exercise any of the powers granted to the Department of Health

24  by that section, and "board" shall mean board as defined in

25  chapter 474, Florida Statutes.

26         Section 50.  Section 475.045, Florida Statutes, is

27  amended to read:

28         475.045  Florida Real Estate Commission Education and

29  Research Foundation; Foundation Advisory Committee.--

30         (1)(a)  There is established a Florida Real Estate

31  Commission Education and Research Foundation, hereinafter


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  1  referred to as the "foundation," which shall be administered

  2  by the commission Foundation Advisory Committee.

  3         (b)  The purposes, objectives, and duties of the

  4  foundation are as follows:

  5         1.  To create and promote educational projects to

  6  expand the knowledge of the public and real estate licensees

  7  in matters pertaining to Florida real estate.

  8         2.  To augment the existing real estate programs by

  9  increasing the number of teaching personnel and real estate

10  courses in the state in degree-granting programs in

11  universities and colleges in this state.

12         3.  To conduct studies in all areas that relate

13  directly or indirectly to real estate or urban or rural

14  economics and to publish and disseminate the findings and

15  results of the studies.

16         4.  To assist the teaching program in real estate

17  offered by the universities, colleges, and real estate schools

18  registered pursuant to this chapter in the state, when

19  requested to do so.

20         5.  To develop and from time to time revise and update

21  materials for use in the courses in real estate offered by the

22  universities, colleges, and real estate schools registered

23  pursuant to this chapter in the state, when requested to do

24  so.

25         6.  To make studies of, and recommend changes in, state

26  statutes and municipal ordinances; provided, however, that

27  such studies are requested by the Governor or the presiding

28  officers of the Legislature.  The foundation shall maintain

29  political nonadvocacy.

30         7.  To periodically review the progress of persons

31  conducting such research and studies.  The results of any


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  1  research project or study shall not be published or

  2  disseminated until it has been reviewed and approved in

  3  writing by the commission advisory committee or its designated

  4  representative.

  5         8.  To prepare information of consumer interest

  6  concerning Florida real estate and to make the information

  7  available to the public and appropriate state agencies.

  8         (c)  The foundation may make a charge for its

  9  publications and may receive gifts and grants from

10  foundations, individuals, and other sources for the benefit of

11  the foundation.

12         (d)  A report of the activities and accomplishments of

13  the foundation shall be published annually.

14         (e)  On or before January 1 of each year, the

15  commission advisory committee shall file with the Governor,

16  the presiding officer of each house of the Legislature, and

17  the secretary of the department a complete and detailed

18  written report accounting for all funds received and disbursed

19  by the foundation during the preceding year.

20         (2)(a)  There is created the Foundation Advisory

21  Committee which is composed of nine persons appointed by the

22  Governor without regard to race, creed, sex, religion, or

23  national origin of the appointee, with the following

24  representation:

25         1.  Six active real estate licensees, one of whom may

26  be a real estate salesperson.  All licensees shall have been

27  active real estate licensees for at least the past 5 years.

28         2.  Three members shall be representatives of the

29  general public, and those appointed after October 1, 1988,

30  shall possess qualifications in the fields of education,

31  research, or consumer affairs which relate to the committee's


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  1  education and research activities.  Members representative of

  2  the general public shall not be licensed real estate brokers

  3  or salespersons and shall not have a financial interest, other

  4  than as consumers, in the practice of a licensed real estate

  5  broker or salesperson.

  6         (b)1.  No current member of the Florida Real Estate

  7  Commission shall be eligible for appointment to the Foundation

  8  Advisory Committee.

  9         2.  The chair of the Florida Real Estate Commission or

10  a member of the commission designated by the chair shall serve

11  as an ex officio nonvoting member of the advisory committee.

12         (c)1.  Except for the initial appointees, members of

13  the advisory committee shall hold office for staggered terms

14  of 4 years, with the terms of three members expiring on

15  January 31 of each odd-numbered year.  The current members may

16  complete their present terms unless removed for cause.

17         2.  Any vacancy shall be filled by appointment for the

18  unexpired portion of the term.  Each member shall serve until

19  the member's successor is qualified.

20         3.  Each member of the advisory committee is entitled

21  to per diem and travel expenses as set by legislative

22  appropriation for each day that the member engages in the

23  business of the advisory committee.

24         (3)  It is grounds for removal from the advisory

25  committee, if:

26         (a)  A broker or salesperson member of the committee

27  ceases to be an active licensee; or

28         (b)  A public member of the committee acquires a real

29  estate license or a financial interest in the practice of a

30  licensed real estate broker or salesperson.

31


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  1         (4)(a)  The committee shall elect a chair annually from

  2  among its membership.

  3         (b)  The committee shall meet not less than

  4  semiannually and, in addition, on call of its chair or on

  5  petition of any six of its members.

  6         (c)  The advisory committee is subject to the sunshine

  7  law pursuant to s. 286.011.

  8         (2)(5)(a)  The commission advisory committee shall

  9  solicit advice and information from real estate licensees, the

10  commission, universities, colleges, real estate schools

11  registered pursuant to this chapter and the general public for

12  the purpose of submitting proposals for carrying out the

13  purposes, objectives, and duties of the foundation.

14         (b)  The commission advisory committee shall select the

15  proposals that shall be funded and shall give priority to

16  projects with the greatest potential for direct or indirect

17  benefit to the public.

18         (c)  The commission advisory committee shall select the

19  university or college within the state or qualified full-time

20  faculty member of a university or college within the state

21  with the consent of the institution to perform the education

22  study, research study, or other project in accordance with the

23  purposes, objectives, and duties of the foundation.  In those

24  instances where no university or college within the state, or

25  qualified full-time faculty member of a university or college

26  within the state with the consent of the institution, submits

27  an acceptable proposal, a qualified person or persons may be

28  selected in accordance with law to perform the education

29  study, research study, or other project in accordance with the

30  purposes, objectives, and duties of the foundation.

31


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  1         (3)(6)(a)  The director of the Division of Real Estate

  2  of the department, hereinafter referred to as the "director,"

  3  or her or his designated representative shall submit to the

  4  commission advisory committee, in advance of each fiscal year,

  5  a budget for expenditures of all funds provided for the

  6  foundation in a form that is related to the proposed schedule

  7  of activities for the review and approval of the commission

  8  advisory committee.

  9         (b)  The director shall submit to the commission

10  advisory committee all proposals received for its review and

11  approval in developing an educational and research agenda at

12  the beginning of each fiscal year and shall continuously

13  inform the commission advisory committee of changes in its

14  substance and scheduling.

15         (4)(7)  The commission advisory committee shall have

16  the power and authority to adopt all rules necessary to

17  administer this section.

18         (5)(8)  Neither The foundation may not nor the

19  committee shall be permitted to fund or offer educational

20  courses designed to qualify persons for licensure or the

21  renewal of licenses pursuant to this chapter.

22         (6)(9)  Neither The foundation may not nor the

23  committee shall expend any funds for the purpose of employing

24  staff.

25         (7)(10)  The Treasurer shall invest $3 million from the

26  portion of the Professional Regulation Trust Fund credited to

27  the real estate profession, under the same limitations as

28  applied to investments of other state funds, and the income

29  earned thereon shall be available to the foundation to fund

30  the activities and projects authorized under this section.

31  However, any balance of such interest in excess of $1 million


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  1  shall revert to the portion of the Professional Regulation

  2  Trust Fund credited to the real estate profession.  In the

  3  event the foundation is abolished, the funds in the trust fund

  4  shall revert to such portion of the Professional Regulation

  5  Trust Fund.

  6         Section 51.  Paragraph (d) is added to subsection (1)

  7  of section 477.0132, Florida Statutes, to read:

  8         477.0132  Hair braiding, hair wrapping, and body

  9  wrapping registration.--

10         (1)

11         (d)  Only the board may review, evaluate, and approve a

12  course required of an applicant for registration under this

13  subsection in the occupation or practice of hair braiding,

14  hair wrapping, or body wrapping. A provider of such a course

15  is not required to hold a license under chapter 246.

16         Section 52.  Subsection (2) of section 477.019, Florida

17  Statutes, is amended to read:

18         477.019  Cosmetologists; qualifications; licensure;

19  supervised practice; license renewal; endorsement; continuing

20  education.--

21         (2)  An applicant shall be eligible for licensure by

22  examination to practice cosmetology if the applicant:

23         (a)  Is at least 16 years of age or has received a high

24  school diploma;

25         (b)  Pays the required application fee, which is not

26  refundable, and the required examination fee, which is

27  refundable if the applicant is determined to not be eligible

28  for licensure for any reason other than failure to

29  successfully complete the licensure examination; and

30         (c)1.  Is authorized Holds an active valid license to

31  practice cosmetology in another state or country, has been so


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  1  authorized held the license for at least 1 year, and does not

  2  qualify for licensure by endorsement as provided for in

  3  subsection (6); or

  4         2.  Has received a minimum of 1,200 hours of training

  5  as established by the board, which shall include, but shall

  6  not be limited to, the equivalent of completion of services

  7  directly related to the practice of cosmetology at one of the

  8  following:

  9         a.  A school of cosmetology licensed pursuant to

10  chapter 246.

11         b.  A cosmetology program within the public school

12  system.

13         c.  The Cosmetology Division of the Florida School for

14  the Deaf and the Blind, provided the division meets the

15  standards of this chapter.

16         d.  A government-operated cosmetology program in this

17  state.

18

19  The board shall establish by rule procedures whereby the

20  school or program may certify that a person is qualified to

21  take the required examination after the completion of a

22  minimum of 1,000 actual school hours. If the person then

23  passes the examination, he or she shall have satisfied this

24  requirement; but if the person fails the examination, he or

25  she shall not be qualified to take the examination again until

26  the completion of the full requirements provided by this

27  section.

28         Section 53.  Section 492.101, Florida Statutes, is

29  amended to read:

30         492.101  Purpose.--It is hereby declared to be the

31  public policy of the state that, in order to safeguard the


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  1  life, health, property, and public well-being of its citizens,

  2  any person practicing or offering to practice geology in this

  3  state shall meet the requirements of this chapter the

  4  Department of Business and Professional Regulation and shall

  5  be licensed as provided in ss. 492.101-492.1165.

  6         Section 54.  Section 492.102, Florida Statutes, is

  7  amended to read:

  8         492.102  Definitions.--For the purposes of this chapter

  9  ss. 492.101-492.1165, unless the context clearly requires

10  otherwise:

11         (1)  "Board" means the Board of Professional

12  Geologists.

13         (2)  "Department" means the Department of Business and

14  Professional Regulation.

15         (3)  "Geology" means the science which includes the

16  treatment of the earth and its origin and history, in general;

17  the investigation of the earth's crust and interior and the

18  solids and fluids, including all surface and underground

19  waters, and gases which compose the earth; the study of the

20  natural agents, forces, and processes which cause changes in

21  the earth; and the utilization of this knowledge of the earth

22  and its solids, fluids, and gases, and their collective

23  properties and processes, for the benefit of humankind.

24         (4)  "Geologist" means an individual who, by reason of

25  her or his knowledge of geology, soils, mathematics, and the

26  physical and life sciences, acquired by education and

27  practical experience, is capable of practicing the science of

28  geology.

29         (5)  "Qualified geologist" means an individual who

30  possesses all the qualifications for licensure under the

31


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  1  provisions of this chapter ss. 492.101-492.1165, except that

  2  such person is not licensed.

  3         (6)  "Professional geologist" means an individual who

  4  is licensed as a geologist under the provisions of this

  5  chapter ss. 492.101-492.1165.

  6         (7)  "Practice of professional geology" means the

  7  performance of, or offer to perform, geological services,

  8  including, but not limited to, consultation, investigation,

  9  evaluation, planning, and geologic mapping, but not including

10  mapping as prescribed in chapter 472, relating to geological

11  work, except as specifically exempted by this chapter ss.

12  492.101-492.1165.  Any person who practices any specialty

13  branch of the profession of geology, or who by verbal claim,

14  sign, advertisement, letterhead, card, or any other means

15  represents herself or himself to be a professional geologist,

16  or who through the use of some title implies that she or he is

17  a professional geologist or that she or he is licensed under

18  this chapter ss. 492.101-492.1165, or who holds herself or

19  himself out as able to perform or does perform any geological

20  services or work recognized as professional geology, shall be

21  construed to be engaged in the practice of professional

22  geology.

23         Section 55.  Section 492.104, Florida Statutes, is

24  amended to read:

25         492.104  Authority to make rules.--The Board of

26  Professional Geologists has authority to adopt rules pursuant

27  to ss. 120.536(1) and 120.54 to implement this chapter ss.

28  492.101-492.1165. Every licensee shall be governed and

29  controlled by this chapter ss. 492.101-492.1165 and the rules

30  adopted by the board.  The board is authorized to set, by

31  rule, fees for application, examination, certificate of


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  1  authorization, late renewal, initial licensure, and license

  2  renewal.  These fees should not exceed the cost of

  3  implementing the application, examination, initial licensure,

  4  and license renewal or other administrative process and shall

  5  be established as follows:.

  6         (1)  The application fee shall not exceed $150 and

  7  shall be nonrefundable.

  8         (2)  The examination fee shall not exceed $250 and

  9  shall be refundable if the applicant is found to be ineligible

10  to take the licensure examination.

11         (3)  The initial license fee shall not exceed $100.

12         (4)  The biennial renewal fee shall not exceed $150.

13         (5)  The fee for a certificate of authorization shall

14  not exceed $350 and the fee for renewal of the certificate

15  shall not exceed $350.

16         (6)  The fee for reactivation of an inactive license

17  shall not exceed $50.

18         (7)  The fee for a provisional license shall not exceed

19  $400.

20         (8)  The fee for application, examination, and

21  licensure for a license by endorsement shall be as provided in

22  this section for licenses in general.

23         Section 56.  Paragraph (c) of subsection (1) and

24  subsection (3) of section 492.105, Florida Statutes, are

25  amended to read:

26         492.105  Licensure by examination; requirements;

27  fees.--

28         (1)  Any person desiring to be licensed as a

29  professional geologist shall apply to the department to take

30  the licensure examination. The written licensure examination

31  shall be designed to test an applicant's qualifications to


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  1  practice professional geology, and shall include such subjects

  2  as will tend to ascertain the applicant's knowledge of the

  3  theory and the practice of professional geology and may

  4  include such subjects as are taught in curricula of accredited

  5  colleges and universities. The department shall examine each

  6  applicant who the board certifies:

  7         (c)  Has not committed any act or offense in any

  8  jurisdiction which would constitute the basis for disciplining

  9  a professional geologist licensed pursuant to this chapter ss.

10  492.101-492.1165.

11         (3)  The department shall not issue a license to any

12  applicant who is under investigation in any jurisdiction for

13  an offense which would constitute a violation of this chapter

14  ss. 492.101-492.1165. Upon completion of the investigation,

15  the disciplinary provisions of s. 492.113 shall apply.

16         Section 57.  Section 492.107, Florida Statutes, is

17  amended to read:

18         492.107  Seals.--

19         (1)  The board shall prescribe, by rule, a form of

20  seal, including its electronic form, to be used by persons

21  holding valid licenses. All geological papers, reports, and

22  documents prepared or issued by the licensee shall be signed

23  by the licensee, dated, and sealed by the licensee who

24  performed or is responsible for the supervision, direction, or

25  control of the work contained in the papers, reports, or

26  documents stamped with said seal. Such signature, date, and

27  seal shall be evidence of the authenticity of that to which

28  they are affixed. Geological papers, reports, and documents

29  prepared or issued by the licensee may be transmitted

30  electronically provided they have been signed by the licensee,

31  dated, and electronically sealed. It is unlawful for any


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    CS for SB 1016                                 First Engrossed



  1  person to sign stamp or seal any document as a professional

  2  geologist unless that person holds a current, active license

  3  as a professional geologist which has not with a seal after

  4  that person's license has expired or been revoked or

  5  suspended, unless reinstated or reissued.

  6         (2)  No licensee registrant shall affix or permit to be

  7  affixed her or his the registrant's seal or name to any

  8  geologic reports, papers, or other documents which depict work

  9  which the licensee registrant is not licensed to perform or

10  which was not performed by or under the responsible

11  supervision, direction, or control of the licensee is beyond

12  the registrant's profession or specialty therein.

13         Section 58.  Subsection (2) of section 492.108, Florida

14  Statutes, is amended to read:

15         492.108  Licensure by endorsement; requirements;

16  fees.--

17         (2)  The department shall issue a license to practice

18  professional geology to any applicant who successfully

19  complies with the requirements of this section.  The

20  department shall not issue a license to any applicant who is

21  under investigation in any jurisdiction for an offense which

22  would constitute a violation of this chapter ss.

23  492.101-492.1165.  Upon completion of the investigation, the

24  disciplinary provisions of s. 492.113 shall apply.

25         Section 59.  Section 492.111, Florida Statutes, is

26  amended to read:

27         492.111  Practice of professional geology by a firm,

28  corporation, or partnership; certificate of

29  authorization.--The practice of, or offer to practice,

30  professional geology by individual professional geologists

31  licensed under the provisions of this chapter ss.


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  1  492.101-492.1165 through a firm, corporation, or partnership

  2  offering geological services to the public through

  3  individually licensed professional geologists as agents,

  4  employees, officers, or partners thereof is permitted subject

  5  to the provisions of this chapter ss. 492.101-492.1165,

  6  provided that:

  7         (1)  At all times that it offers geological services to

  8  the public, the firm, corporation, or partnership has on file

  9  with the department the name and license number of one or more

10  individuals who hold a current, active license as a

11  professional geologist in the state and are serving as a

12  geologist of record for the firm, corporation, or partnership.

13  A geologist of record may be any principal officer or employee

14  of such firm or corporation, or any partner or employee of

15  such partnership, who holds a current, active license as a

16  professional geologist in this state, or any other

17  Florida-licensed professional geologist with whom the firm,

18  corporation, or partnership has entered into a long-term,

19  ongoing relationship, as defined by rule of the board, to

20  serve as one of its geologists of record. It shall be the

21  responsibility of the firm, corporation, or partnership and

22  the geologist of record to notify the department of any

23  changes in the relationship or identity of that geologist of

24  record within 30 days after such change. One or more of the

25  principal officers, employees, or agents of such firm or

26  corporation, or partners, employees, or agents of such

27  partnership, who act in its behalf as professional geologists

28  in this state are licensed as provided in ss.

29  492.101-492.1165.

30         (2)  The firm, corporation, or partnership has been

31  issued a certificate of authorization by the department as


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  1  provided in this chapter ss. 492.101-492.1165.  For purposes

  2  of this section, a certificate of authorization shall be

  3  required of any firm, corporation, partnership, association,

  4  or person practicing under a fictitious name and offering

  5  geological services to the public; except that, when an

  6  individual is practicing geology in his or her own name, he or

  7  she shall not be required to obtain a certificate of

  8  authorization under this section.  Such certificate of

  9  authorization shall be renewed every 2 years.

10         (3)  All final geological papers or documents involving

11  the practice of the profession of geology which have been

12  prepared or approved for the use of such firm, corporation, or

13  partnership, for delivery to any person for public record with

14  the state, shall be dated and bear the signature and seal of

15  the professional geologist or professional geologists who

16  prepared or approved them.

17         (4)  The fact that a licensed geologist practices

18  through a corporation or partnership shall not relieve the

19  registrant from personal liability for negligence, misconduct,

20  or wrongful acts committed by him or her. Partnership and all

21  partners shall be jointly and severally liable for the

22  negligence, misconduct, or wrongful acts committed by their

23  agents, employees, or partners while acting in a professional

24  capacity.  Any officer, agent, or employee of a corporation

25  shall be personally liable and accountable only for negligent

26  acts, wrongful acts, or misconduct committed by him or her or

27  committed by any person under his or her direct supervision

28  and control, while rendering professional services on behalf

29  of the corporation.  The personal liability of a shareholder

30  of a corporation, in his or her capacity as shareholder, shall

31  be no greater than that of a shareholder-employee of a


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  1  corporation incorporated under chapter 607.  The corporation

  2  shall be liable up to the full value of its property for any

  3  negligent acts, wrongful acts, or misconduct committed by any

  4  of its officers, agents, or employees while they are engaged

  5  on behalf of the corporation in the rendering of professional

  6  services.

  7         (5)  The firm, corporation, or partnership desiring a

  8  certificate of authorization shall file with the department an

  9  application therefor, upon a form to be prescribed by the

10  department, accompanied by the required application fee.

11         (6)  The department may refuse to issue a certificate

12  of authorization if any facts exist which would entitle the

13  department to suspend or revoke an existing certificate of

14  authorization or if the department, after giving persons

15  involved a full and fair hearing, determines that any of the

16  officers or directors of said firm or corporation, or partners

17  of said partnership, have violated the provisions of s.

18  492.113.

19         Section 60.  Paragraphs (a), (b), and (g) of subsection

20  (1) of section 492.112, Florida Statutes, are amended to read:

21         492.112  Prohibitions; penalties.--

22         (1)  A person may not knowingly:

23         (a)  Practice geology unless the person is licensed

24  under this chapter ss. 492.101-492.1165.

25         (b)  Use the name or title "Professional Geologist" or

26  any other title, designation, words, letters, abbreviations,

27  or device tending to indicate that the person holds an active

28  license as a geologist when the person is not licensed under

29  this chapter ss. 492.101-492.1165.

30         (g)  Conceal information relative to violations of this

31  chapter ss. 492.101-492.1165.


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  1         Section 61.  Paragraph (a) of subsection (1) of section

  2  492.113, Florida Statutes, is amended to read:

  3         492.113  Disciplinary proceedings.--

  4         (1)  The following acts constitute grounds for which

  5  the disciplinary actions in subsection (3) may be taken:

  6         (a)  Violation of any provision of s. 492.112 or any

  7  other provision of this chapter ss. 492.101-492.1165.

  8         Section 62.  Section 492.116, Florida Statutes, is

  9  amended to read:

10         492.116  Exemptions.--The following persons are

11  specifically exempted from this chapter ss. 492.101-492.1165,

12  provided, however, that all final geological papers or

13  documents which have been prepared by a person exempt under

14  subsection (1), subsection (2), subsection (3), or subsection

15  (4) for delivery to any person for public record with the

16  state shall be dated and bear the signature and seal of the

17  professional geologist or professional geologists who prepared

18  or approved them:

19         (1)  Persons engaged solely in teaching the science of

20  geology.

21         (2)  Persons engaged in geological research which does

22  not affect the health, safety, or well-being of the public.

23         (3)  Officers and employees of the United States

24  Government, the State of Florida, water management districts,

25  or other local or regional governmental entities practicing

26  solely as such officers or employees.

27         (4)  Regular full-time employees of a corporation not

28  engaged in the practice of professional geology as such, who

29  are directly supervised by a person licensed as a professional

30  geologist under this chapter ss. 492.101-492.1165.

31


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  1         (5)  A person employed on a full-time basis as a

  2  geologist by an employer engaged in the business of

  3  developing, mining, or treating ores, other minerals, and

  4  petroleum resources if that person engages in geological

  5  practice exclusively for and as an employee of such employer

  6  and does not hold herself or himself out and is not held out

  7  as available to perform any geological services for persons

  8  other than her or his employer.

  9         Section 63.  Section 492.1165, Florida Statutes, is

10  amended to read:

11         492.1165  Construction of chapter ch. 87-403.--Nothing

12  in this chapter ss. 492.101-492.1165 as enacted by chapter

13  87-403, Laws of Florida, shall be construed to prevent or

14  prohibit the practice of any profession or trade for which a

15  license is required under any other law of this state, or the

16  practice by registered professional engineers.

17         Section 64.  Paragraph (d) of subsection (3) of section

18  310.0015, Florida Statutes, is amended to read:

19         310.0015  Piloting regulation; general provisions.--

20         (3)  The rate-setting process, the issuance of licenses

21  only in numbers deemed necessary or prudent by the board, and

22  other aspects of the economic regulation of piloting

23  established in this chapter are intended to protect the public

24  from the adverse effects of unrestricted competition which

25  would result from an unlimited number of licensed pilots being

26  allowed to market their services on the basis of lower prices

27  rather than safety concerns. This system of regulation

28  benefits and protects the public interest by maximizing

29  safety, avoiding uneconomic duplication of capital expenses

30  and facilities, and enhancing state regulatory oversight. The

31  system seeks to provide pilots with reasonable revenues,


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  1  taking into consideration the normal uncertainties of vessel

  2  traffic and port usage, sufficient to maintain reliable,

  3  stable piloting operations. Pilots have certain restrictions

  4  and obligations under this system, including, but not limited

  5  to, the following:

  6         (d)1.  The pilot or pilots in a port shall train and

  7  compensate all member deputy pilots in that port. Failure to

  8  train or compensate such deputy pilots shall constitute a

  9  ground for disciplinary action under s. 310.101. Nothing in

10  this subsection shall be deemed to create an agency or

11  employment relationship between a pilot or deputy pilot and

12  the pilot or pilots in a port.

13         2.  The pilot or pilots in a port shall establish a

14  competency-based mentor program by which minority persons, as

15  defined in s. 288.703(3), may acquire the skills for the

16  professional preparation and education competency requirements

17  of a licensed state pilot or certificated deputy pilot. The

18  department shall provide the Governor, the President of the

19  Senate, and the Speaker of the House of Representatives with a

20  report each year on the number of minority persons, as defined

21  in s. 288.703(3), who have participated in each mentor

22  program, who are licensed state pilots or certificated deputy

23  pilots, and who have applied for state pilot licensure or

24  deputy pilot certification.

25         Section 65.  The sum of $500,000 is appropriated from

26  the Professional Regulation Trust Fund to the Department of

27  Business and Professional Regulation for the purpose of

28  disbursing funds to any private corporation or business entity

29  to offset startup costs incurred in the implementation of

30  section 455.32, Florida Statutes, the Management Privatization

31  Act, pursuant to a contract executed by the department.


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CODING: Words stricken are deletions; words underlined are additions.






    CS for SB 1016                                 First Engrossed



  1         Section 66.  Subsection (12) of section 477.013,

  2  Florida Statutes, is amended to read:

  3         477.013  Definitions.--As used in this chapter:

  4         (12)  "Body wrapping" means a treatment program that

  5  uses herbal wraps for the purposes of weight loss and of

  6  cleansing and beautifying the skin of the body, but does not

  7  include:

  8         (a)  The application of oils, lotions, or other fluids

  9  to the body, except fluids contained in presoaked materials

10  used in the wraps; or

11         (b)  Manipulation of the body's superficial tissue,

12  other than that arising from compression emanating from the

13  wrap materials.

14         Section 67.  This act shall take effect July 1, 2000.

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