Senate Bill 1016er

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  1

  2         An act relating to regulation of professions

  3         under the Department of Business and

  4         Professional Regulation; amending s. 458.319,

  5         F.S.; providing that renewal of medical

  6         licenses of members of the Legislature shall be

  7         continued during term of legislative office;

  8         requiring the completion of continuing medical

  9         education and payment of fees for renewal of

10         such licenses; providing the period during

11         which such licenses may be renewed; providing

12         the period during which such renewed licenses

13         shall be valid; providing for the subsequent

14         renewal of such licenses; amending s. 310.071,

15         F.S.; providing for disqualification from

16         applying for and denial of deputy pilot

17         certification for being found guilty of, or

18         having pled guilty or nolo contendere to,

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

20         providing for deposit and disposition of

21         amounts received from imposition of pilotage

22         rates pending rendition of a final order

23         regarding such rates; amending s. 399.061,

24         F.S.; revising requirements for elevator

25         inspections and service maintenance contracts;

26         amending s. 455.211, F.S.; limiting a board's

27         authority to adopt rules under a specific

28         circumstance; amending s. 455.217, F.S.;

29         revising provisions relating to translation of

30         examinations in Spanish; amending s. 455.2179,

31         F.S.; providing for approval of continuing


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  1         education providers; providing fees; providing

  2         rulemaking authority; amending s. 455.219,

  3         F.S., and repealing subsection (3), relating to

  4         fees required for approval as a continuing

  5         education provider; authorizing the department

  6         to adopt rules to provide for waiver of license

  7         renewal fees under certain circumstances and

  8         for a limited period; creating s. 455.32, F.S.;

  9         creating the Management Privatization Act;

10         providing definitions; authorizing the

11         department to contract with a corporation or

12         other business entity to perform support

13         services specified pursuant to contract;

14         providing contract requirements; providing

15         corporation powers and responsibilities;

16         establishing reporting and audit requirements;

17         providing for future review and repeal;

18         amending s. 468.382, F.S.; defining the term

19         "absolute auction"; amending s. 468.385, F.S.;

20         revising requirements relating to the conduct,

21         administration, approval, and scope of the

22         examination for licensure as an auctioneer;

23         specifying that an auction may only be

24         conducted by an active licensee; creating s.

25         468.3855, F.S.; providing requirements for

26         auctioneer apprentices; amending s. 468.388,

27         F.S.; adding requirements and responsibilities

28         relating to the conduct of an auction; deleting

29         exceptions from a requirement that auctions be

30         conducted pursuant to a written agreement;

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


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  1         disciplinary action against licensees who fail

  2         to account for certain property; providing

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

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

  5         and to a criminal penalty, respectively, to

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

  7         in references thereto; amending s. 468.392,

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

  9         of Business and Professional Regulation to sign

10         vouchers for payment or disbursement from the

11         Auctioneer Recovery Fund; amending s. 468.395,

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

13         Auctioneer Recovery Fund; providing for

14         recovery from the fund pursuant to an order

15         issued by the Florida Board of Auctioneers;

16         deleting a requirement that notice be given to

17         the board at the time action is commenced;

18         providing limitations on bringing claims for

19         certain acts; providing subrogation rights for

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

21         to payment of claim; correcting language;

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

23         requirements for licensure as a community

24         association manager, to include certain

25         prelicensure education; providing for provider

26         approval, including fees; repealing s.

27         468.525(3)(h), F.S., relating to a prohibition

28         on employee leasing companies and groups from

29         including employees who engage in services or

30         arrangements that are not within the definition

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


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  1         modifying qualifications for licensure as an

  2         employee leasing company group; amending s.

  3         468.531, F.S.; providing prohibitions against

  4         offering to practice employee leasing without

  5         being licensed and against the use of certain

  6         titles relating to employee leasing without

  7         being registered; providing penalties; amending

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

  9         authority to the Board of Funeral Directors and

10         Embalmers relating to inspection of direct

11         disposal establishments, funeral

12         establishments, and cinerator facilities and

13         the records of each establishment or facility;

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

15         approval of continuing education providers;

16         revising provisions relating to continuing

17         education hours; amending ss. 470.016, 470.018,

18         F.S.; revising provisions relating to

19         continuing education hours; requiring a

20         recommendation regarding registration of direct

21         disposers; amending s. 470.021, F.S.;

22         prohibiting colocation of certain direct

23         disposal establishments with more than one

24         funeral establishment or direct disposal

25         establishment; amending s. 470.028, F.S.;

26         revising provisions relating to registration of

27         agents for preneed sales; amending s. 470.0301,

28         F.S.; revising provisions relating to

29         registration of centralized embalming

30         facilities to provide for operating procedures;

31         providing requirements for full-time embalmers


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  1         in charge; amending ss. 471.003, 471.0035,

  2         471.011, 471.023, 471.037, F.S.; updating

  3         references relating to regulation of

  4         engineering to incorporate provisions relating

  5         to the Florida Engineers Management Corporation

  6         and engineers performing building code

  7         inspector duties; amending s. 471.005, F.S.;

  8         defining the terms "retired professional

  9         engineer" and "professional engineer, retired";

10         updating references; amending s. 471.015, F.S.;

11         revising educational requirements for licensure

12         by endorsement; updating references; amending

13         s. 471.017, F.S.; granting the Board of

14         Professional Engineers rulemaking authority to

15         establish biennial licensure renewal

16         procedures; replacing continuing education

17         provisions with provisions requiring certain

18         demonstration of continuing professional

19         competency; amending s. 471.019, F.S., to

20         create s. 471.0195, F.S.; separating provisions

21         relating to building code training from

22         provisions relating to licensure reactivation

23         requirements; amending s. 471.025, F.S.;

24         requiring final bid documents to be signed,

25         dated, and sealed and authorizing the

26         electronic transfer of such documents; amending

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

28         certain activities prohibited under ch. 471,

29         F.S., relating to engineering; updating

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

31         the definition of the term "veterinarian";


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

  2         providing exemptions from regulation under ch.

  3         474, F.S., relating to veterinary medical

  4         practice; providing that certain exempt persons

  5         are duly licensed practitioners for purposes of

  6         prescribing drugs or medicinal supplies;

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

  8         criteria for providers of continuing veterinary

  9         medical education shall be approved by the

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

11         the administrative fine; reenacting ss.

12         474.207(2), 474.217(2), F.S., relating to

13         licensure by examination and licensure by

14         endorsement, to incorporate the amendment to s.

15         474.214, F.S., in references thereto; amending

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

17         permittees to register each location and

18         providing a registration fee; providing

19         requirements for certain temporary rabies

20         vaccination efforts; providing permit and other

21         requirements for persons who are not licensed

22         veterinarians, but who desire to own and

23         operate a veterinary medical establishment;

24         providing disciplinary actions applicable to

25         holders of premises permits; amending s.

26         474.2165, F.S.; providing requirements with

27         respect to ownership and control of veterinary

28         medical patient records; providing for the

29         furnishing of reports or copies of records;

30         providing for participation of veterinarians in

31         impaired practitioner treatment programs;


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

  2         Florida Real Estate Commission Education and

  3         Research Foundation Advisory Committee and

  4         transferring its duties to the commission;

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

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

  7         restricting to the Board of Cosmetology

  8         authority to review, evaluate, and approve

  9         courses required for hair braiding, hair

10         wrapping, and body wrapping registration;

11         exempting providers of such courses from

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

13         revising requirements for licensure to practice

14         cosmetology; providing fees; amending ss.

15         492.101, 492.102, 492.104, 492.105, 492.108,

16         492.112, 492.113, 492.116, 492.1165, F.S.;

17         revising cross-references; amending s. 492.107,

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

19         of seals by licensed geologists; amending s.

20         492.111, F.S.; providing requirements relating

21         to geologists of record for firms,

22         corporations, and partnerships; amending s.

23         310.0015, F.S.; requiring the establishment of

24         competency-based mentor programs for minority

25         persons seeking to become licensed state pilots

26         or certificated deputy pilots; requiring an

27         annual report thereon to the Governor and

28         Legislature; amending s. 468.456, F.S.;

29         providing an additional prohibited act as

30         grounds for disciplinary action; requiring

31         suspension or revocation of license for certain


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  1         violations; creating s. 468.45615, F.S.;

  2         prohibiting the provision of illegal

  3         inducements to athletes; providing penalties;

  4         amending s. 468.4562, F.S.; providing for the

  5         award of treble damages to colleges or

  6         universities that prevail in civil actions with

  7         respect to illegal acts by athlete agents;

  8         providing an appropriation; providing an

  9         effective date.

10

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

12

13         Section 1.  Effective upon becoming law and retroactive

14  to January 1, 1996, subsection (4) is added to section

15  458.319, Florida Statutes, to read:

16         458.319  Renewal of license.--

17         (4)(a)  Notwithstanding any provision of this chapter

18  or part II, chapter 455, the requirements for the biennial

19  renewal of the license of any licensee who is a member of the

20  Legislature shall stand continued and extended without the

21  requirement of any filing by such a licensee of any notice or

22  application for renewal with the board or the department and

23  such licensee's license shall be an active status license

24  under this chapter, throughout the period that the licensee is

25  a member of the Legislature and for a period of 60 days after

26  the licensee ceases to be a member of the Legislature.

27         (b)  At any time during the licensee's legislative term

28  of office and during the period of 60 days after the licensee

29  ceases to be a member of the Legislature, the licensee may

30  file a completed renewal application that shall consist solely

31  of:


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  1         1.  A license renewal fee of $250 for each year the

  2  licensee's license renewal has been continued and extended

  3  pursuant to the terms of this subsection since the last

  4  otherwise regularly scheduled biennial renewal year and each

  5  year during which the renewed license shall be effective until

  6  the next regularly scheduled biennial renewal date;

  7         2.  Documentation of the completion by the licensee of

  8  10 hours of continuing medical education credits for each year

  9  from the effective date of the last renewed license for the

10  licensee until the year in which the application is filed;

11         3.  The information from the licensee expressly

12  required in s. 455.565(1)(a)1.-8. and (b), and (4)(a), (b),

13  and (c),

14         (c)  The department and board may not impose any

15  additional requirements for the renewal of such licenses and,

16  not later than 20 days after receipt of a completed

17  application as specified in paragraph (b), shall renew the

18  active status license of the licensee, effective on and

19  retroactive to the last previous renewal date of the

20  licensee's license. Said license renewal shall be valid until

21  the next regularly scheduled biennial renewal date for said

22  license, and thereafter shall be subject to the biennial

23  requirements for renewal in this chapter and chapter 455, part

24  II.

25         Section 2.  Subsection (4) is added to section 310.071,

26  Florida Statutes, to read:

27         310.071  Deputy pilot certification.--

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

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

30  applicant shall be disqualified from applying for and shall be

31  denied a deputy pilot certificate if the applicant, regardless


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

  2  or nolo contendere to, a charge which was:

  3         (a)  A felony or first degree misdemeanor which

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

  5  or

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

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

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

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

10  constitute the felony of selling or trafficking in, or

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

12         Section 3.  Subsection (4) of section 310.151, Florida

13  Statutes, is amended to read:

14         310.151  Rates of pilotage; Pilotage Rate Review

15  Board.--

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

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

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

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

20  request a hearing pursuant to the Administrative Procedure

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

22  port shall also be published in the Florida Administrative

23  Weekly and in a newspaper of general circulation in the

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

25  formally requested notice of any rate change in the affected

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

27  notice, any person whose substantial interests will be

28  affected by the intended board action may request a hearing

29  pursuant to the Administrative Procedure Act. If the board

30  concludes that the petitioner has raised a disputed issue of

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


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  1  shall be conducted by formal proceeding before an

  2  administrative law judge assigned by the Division of

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

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

  5  petitioner has not raised a disputed issue of material fact

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

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

  8  120.68. The failure to request a hearing within 21 days after

  9  receipt or publication of notice shall constitute a waiver of

10  any right to an administrative hearing and shall cause the

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

12  If an administrative hearing is requested pursuant to this

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

14  hearing shall be published in the Florida Administrative

15  Weekly and in a newspaper of general circulation in the

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

17  any person who has formally requested notice of any rate

18  change for the affected port area.

19         (b)  In any administrative proceeding pursuant to this

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

21  immediately effective and shall not be stayed during the

22  administrative proceeding, provided that, pending rendition of

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

24  port deposit in an interest-bearing account all amounts

25  received which represent the difference between the previous

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

27  subject port shall keep an accurate accounting of all amounts

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

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

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

31


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  1         1.  Any amounts deposited in the interest-bearing

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

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

  4  interest accrued on such funds; and

  5         2.  Any amounts deposited which exceed the rates

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

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

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

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

10  the pilot or pilots as the board shall direct.

11         Section 4.  Subsection (1) of section 399.061, Florida

12  Statutes, is amended to read:

13         399.061  Inspections; correction of deficiencies.--

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

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

16  inspection service certified as a Qualified Elevator Inspector

17  or maintained pursuant to a service maintenance contract

18  continuously in force. A statement verifying the existence,

19  performance, and cancellation of each service maintenance

20  contract must be filed annually with the division as

21  prescribed by rule. All elevators for which a service

22  maintenance contract is not continuously in force, the

23  division shall inspect such elevators at least once between

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

25  fiscal year.

26         (b)  When a service maintenance contract is

27  continuously maintained with an elevator company, the division

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

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

30  implemented.  An elevator covered by such a service

31  maintenance contract shall be inspected by a


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  1  certificate-of-competency holder state elevator inspector at

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

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

  4  two adjacent floors and is covered by a service maintenance

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

  6  service contract remains in effect.

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

  8  necessary to ensure its safe operation.

  9         Section 5.  Section 455.211, Florida Statutes, is

10  amended to read:

11         455.211  Board rules; final agency action;

12  challenges.--

13         (1)  The secretary of the department shall have

14  standing to challenge any rule or proposed rule of a board

15  under its jurisdiction pursuant to s. 120.56. In addition to

16  challenges for any invalid exercise of delegated legislative

17  authority, the administrative law judge, upon such a challenge

18  by the secretary, may declare all or part of a rule or

19  proposed rule invalid if it:

20         (a)  Does not protect the public from any significant

21  and discernible harm or damages;

22         (b)  Unreasonably restricts competition or the

23  availability of professional services in the state or in a

24  significant part of the state; or

25         (c)  Unnecessarily increases the cost of professional

26  services without a corresponding or equivalent public benefit.

27

28  However, there shall not be created a presumption of the

29  existence of any of the conditions cited in this subsection in

30  the event that the rule or proposed rule is challenged.

31


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  1         (2)  In addition, either the secretary or the board

  2  shall be a substantially interested party for purposes of s.

  3  120.54(7). The board may, as an adversely affected party,

  4  initiate and maintain an action pursuant to s. 120.68

  5  challenging the final agency action.

  6         (3)  No board created within the department shall have

  7  standing to challenge a rule or proposed rule of another

  8  board. However, if there is a dispute between boards

  9  concerning a rule or proposed rule, the boards may avail

10  themselves of the provisions of s. 455.207(5).

11         (4)  Any proposed board rule that has not been modified

12  to remove proposed committee objections of the Administrative

13  Procedures Committee must receive approval from the department

14  prior to filing the rule with the Department of State for

15  final adoption. The department may repeal any rule enacted by

16  the board which has taken effect without having met proposed

17  committee objections of the Administrative Procedures

18  Committee.

19         Section 6.  Subsection (6) of section 455.217, Florida

20  Statutes, is amended to read:

21         455.217  Examinations.--This section shall be read in

22  conjunction with the appropriate practice act associated with

23  each regulated profession under this chapter.

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

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

26  is no board, may provide licensure examinations in an

27  applicant's native language.  Applicants for examination or

28  reexamination pursuant to this subsection shall bear the full

29  cost for the department's development, preparation,

30  administration, grading, and evaluation of any examination in

31  a language other than English or Spanish.  Requests for


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

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

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

  4  examination.  When determining whether it is in the public

  5  interest to allow the examination to be translated into a

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

  7  department when there is no board, shall consider the

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

  9  language.

10         Section 7.  Section 455.2179, Florida Statutes, is

11  amended to read:

12         455.2179  Continuing education provider approval; cease

13  and desist orders.--

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

15  board, requires completion of continuing education as a

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

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

18  the continuing education. The approval of a continuing

19  education provider, the approval must be for a specified

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

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

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

23  that includes such a time limitation.

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

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

26  entity to cease and desist from offering any continuing

27  education programs for licensees, and revoking any approval of

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

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

30  entity failed to provide appropriate continuing education

31  services that conform to approved course material.


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  1         (3)  Each board authorized to approve continuing

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

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

  4  seeking approval to provide continuing education courses and

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

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

  7  Estate Commission, authorized under the provisions of chapter

  8  475 to approve prelicensure, precertification, and

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

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

11  to offer prelicensure, precertification, or postlicensure

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

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

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

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

16  provisions of this section.

17         Section 8.  Subsection (3) of section 455.219, Florida

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

19  amended to read:

20         455.219  Fees; receipts; disposition; periodic

21  management reports.--

22         (1)  Each board within the department shall determine

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

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

25  required to implement all provisions of law relating to the

26  regulation of professions by the department and any board;

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

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

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

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

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


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  1  implement a waiver of license renewal fees for that profession

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

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

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

  5  anticipated costs and to maintain a reasonable cash balance,

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

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

  8  within 1 year of notification by the department that license

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

10  license fees on behalf of the applicable board to cover

11  anticipated costs and to maintain the required cash balance.

12  The department shall include recommended fee cap increases in

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

14  legislative intent that no regulated profession operate with a

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

16  the advancement of sufficient funds to any profession or the

17  Florida State Boxing Commission operating with a negative cash

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

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

20  regulated profession. Interest shall be calculated at the

21  current rate earned on Professional Regulation Trust Fund

22  investments. Interest earned shall be allocated to the various

23  funds in accordance with the allocation of investment earnings

24  during the period of the advance.

25         Section 9.  Section 455.32, Florida Statutes, is

26  created to read:

27         455.32  Management Privatization Act.--

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

29  Privatization Act."

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

31


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

  2  business entity with which the department contracts pursuant

  3  to subsection (3).

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

  5  the department pursuant to s. 455.203.

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

  7  Professional Regulation.

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

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

10  corporation or other business entity to perform support

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

12  compliance with this section and other applicable laws and

13  must be approved by the board before the department enters

14  into the contract. The department shall retain responsibility

15  for any duties it currently exercises relating to its police

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

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

18  minimum, that:

19         (a)  The corporation provide administrative,

20  investigative, examination, licensing, and prosecutorial

21  support services in accordance with the provisions of this

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

23  approval of the department, the corporation may subcontract

24  for any of these services.

25         (b)  The corporation utilize computer technology

26  compatible with the department to ensure compatibility and

27  availability to the public of information provided for other

28  professions by the department.

29         (c)  The corporation submit an annual budget for

30  approval by the board and the department.

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  1         (d)  The corporation keep financial and statistical

  2  information as necessary to completely disclose the financial

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

  4  Office of Program Policy Analysis and Government

  5  Accountability, the Auditor General, and the department.

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

  7  determines noncompliance, the contract provide for methods and

  8  mechanisms to resolve the situation.

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

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

11  describing all of the activities of the corporation for the

12  previous fiscal year. The report shall include:

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

14  financial reports and performance audits.

15         2.  The number of license applications received, the

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

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

18         3.  The number of examinations administered and the

19  number of applicants who passed or failed the examination.

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

21  complaints determined to be legally sufficient, the number of

22  complaints dismissed, and the number of complaints determined

23  to have probable cause.

24         5.  The number of administrative complaints issued and

25  the status of the complaints.

26         6.  The number and nature of disciplinary actions taken

27  by the board.

28         7.  All revenue received and all expenses incurred by

29  the corporation over the previous 12 months in its performance

30  of the duties under the contract.

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  1         8.  The status of the compliance of the corporation

  2  with all performance-based program measures adopted by the

  3  board.

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

  5  corporation, which is deemed to be a corporation primarily

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

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

  8         (5)  The corporation shall be funded through

  9  appropriations allocated to the regulation of the relevant

10  profession from the Professional Regulation Trust Fund.

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

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

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

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

15  board ceases to exist.

16         (7)  The executive director shall supervise the

17  activities of the corporation to ensure compliance with the

18  contract and provisions of this section and the practice act

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

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

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

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

23  corporation.

24         (8)  The corporation may not exercise any authority

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

26  practice act of the relevant profession, including determining

27  legal sufficiency and probable cause to pursue disciplinary

28  action against a licensee, taking final action on license

29  applications or in disciplinary cases, or adopting

30  administrative rules under chapter 120.

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  1         (9)  The corporation shall provide for an annual

  2  financial and compliance audit of its financial accounts and

  3  records by an independent certified public accountant in

  4  accordance with generally accepted auditing standards. The

  5  annual audit report shall include a detailed supplemental

  6  schedule of expenditures for each expenditure category and a

  7  management letter. The annual audit report must be submitted

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

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

10  authority or at the direction of the Legislative Auditing

11  Committee, conduct an audit of the corporation.

12         (10)  The board and the department shall annually

13  certify that the corporation is complying with the terms of

14  the contract in a manner consistent with the goals and

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

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

17  of the corporation to enter into contracts and perform all

18  other acts incidental to those contracts that are necessary

19  for the administration of its affairs and for the attainment

20  of its purposes.

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

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

23  necessary to perform the duties provided by the contract and

24  this section.

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

26  shall contract with a corporation in accordance with

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

28  and interior designers.

29         (14)  The department shall retain the independent

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

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


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

  2  sole authority to issue emergency suspension or restriction

  3  orders pursuant to s. 120.60 and to prosecute unlicensed

  4  activity cases pursuant to ss. 455.228 and 455.2281.

  5         (15)  Corporation records are public records subject to

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

  7  State Constitution; however, public records exemptions set

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

  9  maintained by the department shall apply to records created or

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

11  455.225, relating to complaints and information obtained

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

13  such records created or obtained by the corporation only until

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

15  subsection, an investigation is considered active so long as

16  the corporation or any law enforcement or administrative

17  agency is proceeding with reasonable dispatch and has a

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

19  of administrative, civil, or criminal proceedings. An

20  investigation ceases to be active when the case is dismissed

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

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

23  board makes a determination regarding probable cause. All

24  information, records, and transcriptions regarding a complaint

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

26  claim within the jurisdiction of the board become available to

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

28  information that is otherwise confidential or exempt from s.

29  119.07(1). However, in response to an inquiry about the

30  licensure status of an individual, the corporation shall

31  disclose the existence of an active investigation if the


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  1  nature of the violation under investigation involves the

  2  potential for substantial physical or financial harm. The

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

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

  5  approve and supervise the contract.

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

  7  unconstitutional or is held to violate the state or federal

  8  antitrust laws, the following shall occur:

  9         (a)  The corporation shall cease and desist from

10  exercising any powers and duties enumerated in this section.

11         (b)  The department shall resume the performance of

12  such activities. The department shall regain and receive,

13  hold, invest, and administer property and make expenditures

14  for the benefit of the board.

15         (c)  The Executive Office of the Governor,

16  notwithstanding chapter 216, is authorized to reestablish

17  positions, budget authority, and salary rate necessary to

18  carry out the department's responsibilities related to the

19  board.

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

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

22  the purpose of determining its continued existence.

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

24  468.382, Florida Statutes, to read:

25         468.382  Definitions.--As used in this act, the term:

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

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

28  highest bidder.

29         Section 11.  Subsections (4), (6), and (7) of section

30  468.385, Florida Statutes, are amended to read:

31


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  1         468.385  Licenses required; qualifications;

  2  examination; bond.--

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

  4  shall pass a written examination approved by the board

  5  prepared and administered by the department which tests his or

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

  7  provisions of the Uniform Commercial Code that are relevant to

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

  9  provisions of this act.

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

11  unless he or she:

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

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

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

15  instruction, that meets standards adopted by the board;

16         (b)  Has passed the required an examination conducted

17  by the department; and

18         (c)  Is approved by the board.

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

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

21  active license or an apprentice who has an active apprentice

22  auctioneer license and who has received prior written sponsor

23  consent.

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

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

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

27  act.  Each application for licensure shall include the names

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

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

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

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  1  board within 30 days of any change in this required

  2  information.

  3         Section 12.  Section 468.3855, Florida Statutes, is

  4  created to read:

  5         468.3855  Apprenticeship training requirements.--

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

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

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

  9  consecutive years preceding the date on which that auctioneer

10  is named as sponsor of the apprentice.

11         (2)  Any auctioneer who undertakes the sponsorship of

12  an apprentice shall ensure that the apprentice receives

13  training as required by board rule.

14         (3)  An apprentice must actively participate in auction

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

16  for which participation credit is claimed must be made as

17  required by board rule.

18         (4)  Apprentices are prohibited from conducting any

19  auction without the prior express written consent of the

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

21  auction site at any time the apprentice is actively

22  participating in the conduct of the auction. If the

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

24  sponsor may appoint a qualified auctioneer who meets the

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

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

27  sponsor for each substitution.

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

29  required by board rule.

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

31  conduct an auction or act as principal auctioneer unless the


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  1  sponsor has determined that the apprentice has received

  2  adequate training to do so.

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

  4  omissions of the apprentice which constitute a violation of

  5  law in relation to the conduct of an auction.

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

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

  8  fails to complete the licensure process within that time shall

  9  be required to make application as a new applicant.

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

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

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

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

14  received or any period of apprenticeship served under the

15  previous sponsor.

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

17  apprenticeship served shall not be allowed unless it occurred

18  under the supervision of the sponsor under whose supervision

19  the apprentice is licensed.

20         Section 13.  Section 468.388, Florida Statutes, is

21  amended to read:

22         468.388  Conduct of an auction.--

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

24  auctioneer or auction business shall execute a written

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

26  property to be offered for sale, stating:

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

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

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

30  and

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

  2  or auction business will receive the property for sale and

  3  remit the sales proceeds to the owner.

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

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

  6  years after the date of the auction.

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

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

  9  or similar place where the public regularly offers property

10  for sale;

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

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

13  business involving terms or conditions pertaining to the

14  property being offered for sale; and

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

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

17  $550, the written agreement required by subsection (1) shall

18  be executed after the sale.

19         (3)(4)  Each auctioneer or auction business shall

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

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

22  inspection by the board at reasonable times.

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

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

25  active apprentice auctioneer license and who has received

26  prior written sponsor consent. Each auction must be conducted

27  under the auspices of a licensed auction business. Any

28  auctioneer or apprentice auctioneer conducting an auction, and

29  any auction business under whose auspices such auction is

30  held, shall be responsible for determining that any

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


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  1  associated in conducting such auction has an active Florida

  2  auctioneer, apprentice, or auction business license.

  3         (5)  The principal auctioneer shall prominently display

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

  5  the auction business, and any other licensed auctioneers or

  6  apprentices who are actively participating in the auction. If

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

  8  at the beginning of the auction or a prominent written

  9  announcement that these licenses are available for inspection

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

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

12  it otherwise available for inspection, at each auction in

13  which he or she participates.

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

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

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

17  written notice of this information must be conspicuously

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

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

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

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

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

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

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

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

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

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

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

29  is specifically permitted by law.

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

31  conducted is responsible for all other aspects of the auction


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

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

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

  4  such delegation will not impede the principal auctioneer's

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

  6  responsibility for the auction. The auction business under

  7  whose auspices the auction is conducted is responsible for

  8  ensuring compliance as required by board rule.

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

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

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

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

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

14  in the escrow account for administrative purposes.

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

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

17  another person deposited and disbursed by the auction business

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

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

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

21  available for inspection by the department or at the request

22  of the board.

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

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

25  were received unless the parties have agreed otherwise by

26  written agreement executed prior to the auction.

27         (d)  Unless otherwise provided by written agreement

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

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

30  advertising, must be expended for the purposes advanced or

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


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

  2  account in an insured bank or savings and loan association

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

  4  advanced payment of a flat fee.

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

  6  business shall include the name and Florida license number of

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

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

  9  other promotional novelty items.

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

11  business may disseminate or cause to be disseminated any

12  advertisement or advertising which is false, deceptive,

13  misleading, or untruthful. Any advertisement or advertising

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

15  untruthful if it:

16         1.  Contains misrepresentations of facts.

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

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

19  partial disclosure of relevant facts.

20         3.  Creates false or unjustified expectations of the

21  services to be performed.

22         4.  Contains any representation or claim which the

23  advertising licensee fails to perform.

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

25  principal auctioneer and the auction business.

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

27  sponsor if an apprentice is acting as the principal

28  auctioneer.

29         7.  Advertises an auction as absolute without

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

31  minimum bids.


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  1         8.  Fails to include the percentage amount of any

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

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

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

  5  form of paid advertising.

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

  7  content of all advertising disseminated in preparation for an

  8  auction.

  9         Section 14.  Paragraph (c) of subsection (1) of section

10  468.389, Florida Statutes, is amended to read:

11         468.389  Prohibited acts; penalties.--

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

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

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

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

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

17  auctioneer or auction business through an auction.

18         Section 15.  For the purpose of incorporating the

19  amendment to section 468.389, Florida Statutes, in references

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

21  468.391, Florida Statutes, are reenacted to read:

22         468.385  Licenses required; qualifications;

23  examination; bond.--

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

25  apprentice if he or she:

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

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

28  any other jurisdiction which would constitute a basis for

29  disciplinary action under s. 468.389.

30         468.391  Penalty.--Any auctioneer, apprentice, or

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


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  1  case of corporate ownership, any substantial stockholder of

  2  the corporation owning the auction business, who operates

  3  without an active license or violates any provision of the

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

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

  6  775.083.

  7         Section 16.  Subsection (2) of section 468.392, Florida

  8  Statutes, is amended to read:

  9         468.392  Auctioneer Recovery Fund.--There is created

10  the Auctioneer Recovery Fund as a separate account in the

11  Professional Regulation Trust Fund.  The fund shall be

12  administered by the Florida Board of Auctioneers.

13         (2)  All payments and disbursements from the Auctioneer

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

15  signed by the Secretary of Business and Professional

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

17  the Auctioneer Recovery Fund shall not be subject to any

18  limitation imposed by an appropriation act of the Legislature.

19         Section 17.  Section 468.395, Florida Statutes, is

20  amended to read:

21         468.395  Conditions of recovery; eligibility.--

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

23  obtained as follows:

24         (a)  Any aggrieved person is eligible to receive

25  recovery from the Auctioneer Recovery Fund if the Florida

26  Board of Auctioneers has issued a final order directing an

27  offending licensee to pay restitution to the claimant as the

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

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

30  if the board determined that the order of restitution cannot

31  be enforced; or


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

  2  judgment in any court against any licensee to recover damages

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

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

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

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

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

  8  aggrieved person may, upon termination of all proceedings,

  9  including appeals and proceedings supplemental to judgment for

10  collection purposes, file a verified application to the board

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

12  directing payment out of the Auctioneer Recovery Fund of the

13  amount of actual and direct loss in the transaction that

14  remains unpaid upon the judgment. Notwithstanding subsection

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

16  judgment was entered within 6 months of termination of all

17  proceedings, including appeals and proceedings supplemental to

18  judgment for collection purposes, shall be considered timely

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

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

21  damages awarded.

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

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

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

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

26  licensee. For purposes of this subsection, auctions conducted

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

28  considered a single transaction or auction even though

29  conducted at more than one time or place.

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

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


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

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

  3  otherwise valid.

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

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

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

  7  act is discovered or should have been discovered with the

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

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

10  act giving rise to the claim.

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

12  payment of a claim from the Auctioneer Recovery Fund unless

13  the claimant has reasonably established to for the board court

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

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

16  licensed auctioneer responsible for the loss and that any

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

18  claim on the Auctioneer Recovery Fund.

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

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

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

22  payable submitted for payment to or payment from the

23  Auctioneer Recovery Fund until after October 1, 1995.

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

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

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

27  against any licensee with respect to the loss.

28         Section 18.  Section 468.397, Florida Statutes, is

29  amended to read:

30         468.397  Payment of claim.--Upon a final order of the

31  court directing that payment be made out of the Auctioneer


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

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

  3  Fund as provided in s. 468.395.

  4         Section 19.  Section 468.433, Florida Statutes, is

  5  amended to read:

  6         468.433  Licensure by examination.--

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

  8  association manager shall apply to the department to take the

  9  licensure examination.  Each applicant must file a complete

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

11  enforcement officer, which set of fingerprints shall be

12  submitted to the Department of Law Enforcement for state

13  processing and to the Federal Bureau of Investigation for

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

15  the applicant.

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

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

18  prelicensure education requirements, and who the department

19  certifies is of good moral character.

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

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

22  for the laws of this state and nation.

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

24  only if:

25         1.  There is a substantial connection between the lack

26  of good moral character of the applicant and the professional

27  responsibilities of a community association manager; and

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

29  character is supported by clear and convincing evidence.

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

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


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  1  department shall furnish the applicant a statement containing

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

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

  4  applicant to a rehearing and appeal.

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

  6  amount of prelicensure education, which shall consist of not

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

  8  department-approved provider and which shall cover all areas

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

10  instruction shall be completed within 12 months prior to the

11  date of the examination. Prelicensure education providers

12  shall be considered continuing education providers for

13  purposes of establishing provider approval fees. A licensee

14  shall not be required to comply with the continuing education

15  requirements of s. 468.4337 prior to the first license

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

17  exceptions to the requirement of in-person instruction in

18  cases of hardship or disability.

19         (3)(2)  The council shall approve an examination for

20  licensure.  The examination must demonstrate that the

21  applicant has a fundamental knowledge of state and federal

22  laws relating to the operation of all types of community

23  associations and state laws relating to corporations and

24  nonprofit corporations, proper preparation of community

25  association budgets, proper procedures for noticing and

26  conducting community association meetings, insurance matters

27  relating to community associations, and management skills.

28         (4)(3)  The department shall issue a license to

29  practice in this state as a community association manager to

30  any applicant who successfully completes the examination in

31  accordance with this section and pays the appropriate fee.


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  1         Section 20.  Paragraph (h) of subsection (3) of section

  2  468.525, Florida Statutes, is repealed.

  3         Section 21.  Subsection (2) of section 468.526, Florida

  4  Statutes, is amended to read:

  5         468.526  License required; fees.--

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

  7  leasing companies that are corporations which are majority

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

  9  licensed as an employee leasing company group.  An employee

10  leasing company group may satisfy the reporting and financial

11  requirements of this licensing law on a consolidated basis.

12  As a condition of licensure as an employee leasing company

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

14  guarantee payment of all financial obligations of each other

15  member.

16         Section 22.  Section 468.531, Florida Statutes, is

17  amended to read:

18         468.531  Prohibitions; penalties.--

19         (1)  No person or entity shall:

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

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

22  controlling person unless such person or entity is licensed

23  pursuant to this part;

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

25  leasing company or employee leasing company group unless all

26  controlling persons thereof are licensed pursuant to this

27  part;

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

29  company," "employee leasing company," "employee leasing

30  company group," "professional employer," "professional

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


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

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

  3  entity has not registered pursuant to this part;

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

  5  own the license of another;

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

  7  board or a member thereof; or

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

  9  suspended or revoked.

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

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

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

13         Section 23.  Subsection (3) of section 470.005, Florida

14  Statutes, is amended to read:

15         470.005  Rulemaking authority of board and

16  department.--

17         (3)  The board shall adopt rules which establish

18  requirements for inspection of direct disposal establishments,

19  funeral establishments, and cinerator facilities and the

20  records directly relating to the regulated activities of the

21  licensee to ensure compliance with the provisions of this

22  chapter and rules adopted hereunder.  Such rules shall

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

24  compliance with federal and state laws relating to the

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

26  hazardous waste.

27         Section 24.  Section 470.015, Florida Statutes, is

28  amended to read:

29         470.015  Renewal of funeral director and embalmer

30  licenses.--

31


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

  2  embalmer license upon receipt of the renewal application and

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

  4  prescribe by rule continuing education requirements of up to

  5  12 classroom hours and may by rule establish criteria for

  6  accepting alternative nonclassroom continuing education on an

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

  8  communicable diseases that includes the course on human

  9  immunodeficiency virus and acquired immune deficiency syndrome

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

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

12  continuing education requirements in circumstances that would

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

14  The continuing education requirement is not required after

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

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

17  of an establishment or facility.

18         (2)  The department shall adopt rules establishing a

19  procedure for the biennial renewal of licenses.

20         (3)  The board shall adopt rules to establish

21  requirements for the advertising of continuing education

22  courses.

23         Section 25.  Subsection (1) of section 470.016, Florida

24  Statutes, is amended to read:

25         470.016  Inactive status.--

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

27  become inactive may be reactivated under s. 470.015 upon

28  application to the department. The board shall prescribe by

29  rule continuing education requirements as a condition of

30  reactivating a license. The continuing education requirements

31  for reactivating a license may not exceed 12 classroom hours


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  1  and may by rule establish criteria for accepting alternative

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

  3  in addition to a board-approved course on communicable

  4  diseases, for each year the license was inactive.

  5         Section 26.  The Department of Business and

  6  Professional Regulation shall by January 1, 2001, make a

  7  recommendation to the President of the Senate and the Speaker

  8  of the House of Representatives regarding whether persons

  9  should continue to be registered as direct disposers under

10  section 470.017, Florida Statutes, after June 30, 2001.

11         Section 27.  Subsection (2) of section 470.018, Florida

12  Statutes, is amended to read:

13         470.018  Renewal of registration of direct disposer.--

14         (2)  The department shall adopt rules establishing a

15  procedure for the biennial renewal of registrations.  The

16  board shall prescribe by rule continuing education

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

18  establish criteria for accepting alternative nonclassroom

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

20  a board-approved course on communicable diseases that includes

21  the course on human immunodeficiency virus and acquired immune

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

23  of a registration.

24         Section 28.  Subsection (10) is added to section

25  470.021, Florida Statutes, to read:

26         470.021  Direct disposal establishment; standards and

27  location; registration.--

28         (10)  A direct disposal establishment may not be

29  operated at the same location as any other direct disposal

30  establishment or funeral establishment unless such

31


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  1  establishments were licensed as colocated establishments on

  2  July 1, 2000.

  3         Section 29.  Section 470.028, Florida Statutes, is

  4  amended to read:

  5         470.028  Preneed sales; registration of agents.--

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

  7  direct disposition contracts shall be made pursuant to chapter

  8  497.

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

10  director, funeral establishment, direct disposer, or direct

11  disposal disposer establishment with respect to the sale of

12  preneed contracts unless such person is registered pursuant to

13  chapter 497.

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

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

16  chapter applicable to such licensee or registrant as

17  established by board rule.

18         Section 30.  Subsection (2) of section 470.0301,

19  Florida Statutes, is amended to read:

20         470.0301  Removal services; refrigeration facilities;

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

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

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

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

25  the registration of removal services, refrigeration

26  facilities, and centralized embalming facilities operated

27  independently of funeral establishments, direct disposal

28  establishments, and cinerator facilities.

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

30  ensure that all funeral establishments have access to

31  embalming facilities that comply with all applicable health


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  1  and safety requirements, the board shall adopt rules to

  2  provide for the registration and operation of centralized

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

  4  following:

  5         (a)  All centralized embalming facilities shall contain

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

  7  preparation room located in a funeral establishment is

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

  9  comply with any of the other requirements for funeral

10  establishments, as set forth in s. 470.024.

11         (b)  Each licensed centralized embalming facility shall

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

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

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

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

16  establishment licensed under this chapter.

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

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

19  provided that such facility is operated in accordance with the

20  rules established by the board.

21         (d)  A centralized embalming facility may only provide

22  services to funeral establishments.

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

24  embalming facility shall only be practiced by an embalmer

25  licensed under this chapter and shall be provided only to

26  licensed funeral establishments.

27         (f)  Application for registration of a centralized

28  embalming facility shall be made on forms furnished by the

29  department and shall be accompanied by a nonrefundable fee not

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

31  renewed biennially pursuant to procedures and upon payment of


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

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

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

  4  renewal date shall expire without further action by the

  5  department.

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

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

  8  registration and upon renewal of such registration.

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

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

11  embalming facilities maintain a system of identification of

12  human remains received for embalming.

13         Section 31.  Subsections (2) and (3) of section

14  471.003, Florida Statutes, are amended to read:

15         471.003  Qualifications for practice, exemptions.--

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

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

18  registered engineer:

19         (a)  Any person practicing engineering for the

20  improvement of, or otherwise affecting, property legally owned

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

22  or the public health, safety, or welfare or the safety or

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

24  authorizing the practice of engineering through an agent or

25  employee who is not duly registered under the provisions of

26  this chapter ss. 471.001-471.037.

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

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

29  this state when working on any project the total estimated

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

31


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

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

  3  are the subordinates of a person in responsible charge

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

  5  extent that the supervision meets standards adopted by rule of

  6  the board.

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

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

  9  of engineering for such corporation is limited to the design

10  or fabrication of manufactured products and servicing of such

11  products.

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

13  other entity subject to regulation by the Florida Public

14  Service Commission, Federal Energy Regulatory Commission, or

15  Federal Communications Commission.

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

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

18  registered under this chapter ss. 471.001-471.037.

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

20  designed by a professional engineer or in the supervision of

21  the construction of work as a foreman or superintendent.

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

23  contracts for, professional engineering services incidental to

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

25  such engineering services to a registered professional

26  engineer qualified within her or his firm or contracts for

27  such professional engineering services to be performed by

28  others who are registered professional engineers under the

29  provisions of this chapter ss. 471.001-471.037.

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

31  mechanical contractor whose practice includes the design and


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

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

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

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

  5  working on any construction project which:

  6         1.  Requires an electrical or plumbing or

  7  air-conditioning and refrigeration system with a value of

  8  $50,000 or less; and

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

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

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

12  industrial electrical system;

13         b.  Requires a plumbing system with fewer than 250

14  fixture units; or

15         c.  Requires a heating, ventilation, and

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

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

18  fewer persons.

19         (i)  Any general contractor, certified or registered

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

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

22  the engineering services offered or rendered in connection

23  with the contract are offered and rendered by an engineer

24  licensed or registered in accordance with this chapter.

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

26  471.001-471.037 or of any other law, no registered engineer

27  whose principal practice is civil or structural engineering,

28  or employee or subordinate under the responsible supervision

29  or control of the engineer, is precluded from performing

30  architectural services which are purely incidental to her or

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


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  1  employee or subordinate under the responsible supervision or

  2  control of the architect, precluded from performing

  3  engineering services which are purely incidental to her or his

  4  architectural practice.  However, no engineer shall practice

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

  6  derived therefrom, and no architect shall practice engineering

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

  8  therefrom.

  9         Section 32.  Section 471.0035, Florida Statutes, is

10  amended to read:

11         471.0035  Instructors in postsecondary educational

12  institutions; exemption from registration requirement.--For

13  the sole purpose of teaching the principles and methods of

14  engineering design, notwithstanding the provisions of s.

15  471.005(6), a person employed by a public postsecondary

16  educational institution, or by an independent postsecondary

17  educational institution licensed or exempt from licensure

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

19  register under the provisions of this chapter ss.

20  471.001-471.037 as a registered engineer.

21         Section 33.  Section 471.005, Florida Statutes, is

22  amended to read:

23         471.005  Definitions.--As used in this chapter ss.

24  471.001-471.037, the term:

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

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

27  practice engineering issued by the department to a corporation

28  or partnership.

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

30  Professional Regulation.

31


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

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

  3  registered to engage in the practice of engineering under this

  4  chapter ss. 471.001-471.037.

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

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

  7  approved by the board and has passed the fundamentals of

  8  engineering examination as provided by rules adopted by the

  9  board.

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

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

12  adequate performance of which requires engineering education,

13  training, and experience in the application of special

14  knowledge of the mathematical, physical, and engineering

15  sciences to such services or creative work as consultation,

16  investigation, evaluation, planning, and design of engineering

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

18  teaching of the principles and methods of engineering design,

19  engineering surveys, and the inspection of construction for

20  the purpose of determining in general if the work is

21  proceeding in compliance with drawings and specifications, any

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

23  private, in connection with any utilities, structures,

24  buildings, machines, equipment, processes, work systems,

25  projects, and industrial or consumer products or equipment of

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

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

28  property; and includes such other professional services as may

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

30  engineering services.  A person who practices any branch of

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


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

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

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

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

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

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

  7  designated by the practitioner which is recognized as

  8  engineering shall be construed to practice or offer to

  9  practice engineering within the meaning and intent of this

10  chapter ss. 471.001-471.037.

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

12  certification of businesses to practice engineering in this

13  state.

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

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

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

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

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

19  "Professional Engineer, Retired."

20         Section 34.  Subsection (1) of section 471.011, Florida

21  Statutes, is amended to read:

22         471.011  Fees.--

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

24  for applications, examination, reexamination, licensing and

25  renewal, inactive status application and reactivation of

26  inactive licenses, and recordmaking and recordkeeping. The

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

28  shall establish fees that are adequate to ensure the continued

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

30  estimates of the revenue required to implement this chapter

31


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

  2  the regulation of engineers.

  3         Section 35.  Subsection (4) and paragraph (a) of

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

  5  amended to read:

  6         471.015  Licensure.--

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

  8  endorsement to any applicant who is under investigation in

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

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

11  until such time as the investigation is complete and

12  disciplinary proceedings have been terminated.

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

14  seeks licensure by endorsement has passed an examination

15  substantially equivalent to part I of the engineering

16  examination when such applicant:

17         1.  Has held a valid professional engineer's

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

19  years of continuous professional-level engineering experience;

20         2.  Has received a doctorate degree in engineering from

21  an institution that has an undergraduate a nationally

22  accredited engineering degree program which is accredited by

23  the Accreditation Board for Engineering Technology; or

24         3.  Has received a doctorate degree in engineering and

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

26  baccalaureate level or higher, after receiving that degree.

27         Section 36.  Subsections (2) and (3) of section

28  471.017, Florida Statutes, are amended to read:

29         471.017  Renewal of license.--

30         (2)  The board department shall adopt rules

31  establishing a procedure for the biennial renewal of licenses.


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  1         (3)  The board shall require a demonstration of

  2  continuing professional competency of engineers as a condition

  3  of license renewal or relicensure. Every licensee must

  4  complete 4 professional development hours, for each year of

  5  the license renewal period. For each renewal period for such

  6  continuing education, 4 hours shall relate to this chapter and

  7  the rules adopted under this chapter and the remaining 4 hours

  8  hours shall relate to the licensee's area of practice. The

  9  board shall adopt rules that are consistent with the

10  guidelines of the National Council of Examiners for

11  Engineering and Surveying for multijurisdictional licensees

12  for the purpose of avoiding proprietary continuing

13  professional competency requirements and shall allow

14  nonclassroom hours to be credited. The board may, by rule,

15  exempt from continuing professional competency requirements

16  retired professional engineers who no longer sign and seal

17  engineering documents and licensees in unique circumstances

18  that severely limit opportunities to obtain the required

19  professional development hours. Commencing with licensure

20  renewal in 2002, each licensee actively participating in the

21  design of engineering works or systems in connection with

22  buildings, structures, and facilities covered by the Florida

23  Building Code shall submit proof to the board that the

24  licensee participates in continuing education courses relating

25  to the core curriculum courses or the building code training

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

27  curriculum courses or specialized or advanced courses on any

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

29  practice.

30         Section 37.  Section 471.019, Florida Statutes, is

31  amended to read:


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  1         471.019  Reactivation; design of engineering works or

  2  systems; continuing education.--

  3         (1)  The board shall prescribe by rule continuing

  4  education requirements for reactivating a license. The

  5  continuing education requirements for reactivating a license

  6  for a registered engineer may not exceed 12 classroom hours

  7  for each year the license was inactive.

  8         (2)  All licensees actively participating in the design

  9  of engineering works or systems in connection with buildings,

10  structures, or facilities and systems covered by the Florida

11  Building Code shall take continuing education courses and

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

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

14  completed the core curriculum courses and any specialized or

15  advanced courses on any portion of the Florida Building Code

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

17  the appropriate equivalency test of the Building Code Training

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

19  reported continuing education courses on a system easily

20  accessed by code enforcement jurisdictions for evaluation when

21  determining license status for purposes of processing design

22  documents. Local jurisdictions shall be responsible for

23  notifying the board when design documents are submitted for

24  building construction permits by persons who are not in

25  compliance with this section. The board shall take appropriate

26  action as provided by its rules when such noncompliance is

27  determined to exist.

28         Section 38.  Section 471.0195, Florida Statutes, is

29  created to read:

30         471.0195  Florida Building Code training for

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


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  1  participating in the design of engineering works or systems in

  2  connection with buildings, structures, or facilities and

  3  systems covered by the Florida Building Code shall take

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

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

  6  rule, that the licensee has completed the core curriculum

  7  courses and any specialized or advanced courses on any portion

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

  9  of practice or has passed the appropriate equivalency test of

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

11  The board shall record reported continuing education courses

12  on a system easily accessed by code enforcement jurisdictions

13  for evaluation when determining license status for purposes of

14  processing design documents. Local jurisdictions shall be

15  responsible for notifying the board when design documents are

16  submitted for building construction permits by persons who are

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

18  appropriate action as provided by its rules when such

19  noncompliance is determined to exist.

20         Section 39.  Subsection (1) of section 471.023, Florida

21  Statutes, is amended to read:

22         471.023  Certification of partnerships and

23  corporations.--

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

25  engineering by registrants through a corporation or

26  partnership offering engineering services to the public or by

27  a corporation or partnership offering said services to the

28  public through registrants under this chapter ss.

29  471.001-471.037 as agents, employees, officers, or partners is

30  permitted only if the firm possesses a certification issued by

31  the department pursuant to qualification by the board, subject


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

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

  3  more partners of the partnership and all personnel of the

  4  corporation or partnership who act in its behalf as engineers

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

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

  7  plans, reports, or documents involving practices registered

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

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

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

11  the signature and seal of the registrant who prepared or

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

13  mean that a certificate of registration to practice

14  engineering shall be held by a corporation.  Nothing herein

15  prohibits corporations and partnerships from joining together

16  to offer engineering services to the public, provided each

17  corporation or partnership otherwise meets the requirements of

18  this section. No corporation or partnership shall be relieved

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

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

21  section, nor shall any individual practicing engineering be

22  relieved of responsibility for professional services performed

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

24  corporation or partnership.

25         Section 40.  Subsection (1) of section 471.025, Florida

26  Statutes, is amended to read:

27         471.025  Seals.--

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

29  to be used by registrants holding valid certificates of

30  registration.  Each registrant shall obtain an impression-type

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


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

  2  282.70-282.75.  All final drawings, specifications, plans,

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

  4  being filed for public record and all final bid documents

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

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

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

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

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

10  documents prepared or issued by a registrant may be

11  transmitted electronically and may be signed by the

12  registrant, dated, and stamped electronically with said seal

13  in accordance with ss. 282.70-282.75.

14         Section 41.  Section 471.031, Florida Statutes, is

15  amended to read:

16         471.031  Prohibitions; penalties.--

17         (1)  A person may not knowingly:

18         (a)  Practice engineering unless the person is

19  registered under this chapter ss. 471.001-471.037;

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

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

22  device tending to indicate that such person holds an active

23  registration as an engineer when the person is not registered

24  under this chapter ss. 471.001-471.037;

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

26  another;

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

28  member thereof;

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

30  suspended, revoked, or placed on inactive or delinquent

31  status;


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  1         (f)  Employ unlicensed persons to practice engineering;

  2  or

  3         (g)  Conceal information relative to violations of this

  4  chapter ss. 471.001-471.037.

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

  6  section commits is guilty of a misdemeanor of the first

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

  8         Section 42.  Section 471.037, Florida Statutes, is

  9  amended to read:

10         471.037  Effect of chapter ss. 471.001-471.037

11  locally.--

12         (1)  Nothing contained in this chapter ss.

13  471.001-471.037 shall be construed to repeal, amend, limit, or

14  otherwise affect any local building code or zoning law or

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

16  with respect to the services of registered engineers than the

17  provisions of this chapter ss. 471.001-471.037.

18         (2)  In counties or municipalities that issue building

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

20  it is apparent from the application for the building permit

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

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

23  withholding of building permits in cases involving the

24  exceptions and exemptions set out in s. 471.003.

25         Section 43.  Subsection (11) of section 474.202,

26  Florida Statutes, is amended to read:

27         474.202  Definitions.--As used in this chapter:

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

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

30  medicine in Florida under the authority of this chapter.

31


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  1         Section 44.  Section 474.203, Florida Statutes, is

  2  amended to read:

  3         474.203  Exemptions.--This chapter shall not apply to:

  4         (1)  Any faculty member practicing only in conjunction

  5  with teaching duties at a school or college of veterinary

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

  7  state and be accredited by the American Veterinary Medical

  8  Association Council on Education. However, this exemption

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

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

11  of a school or college of veterinary medicine accredited by

12  the American Veterinary Medical Association Council on

13  Education or a school or college recognized by the American

14  Veterinary Medical Association Commission for Foreign

15  Veterinary Graduates. The faculty member exemption shall

16  automatically expire when such school or college terminates

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

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

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

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

21  writing of any additions or deletions to such list.

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

23  veterinarian who does not hold a valid license issued under

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

25  college of veterinary medicine located in this state and

26  accredited by the American Veterinary Medical Association

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

28  American Veterinary Medical Association Commission for Foreign

29  Veterinary Graduates. Such intern or resident must be a

30  graduate of a school or college of veterinary medicine

31  accredited by the American Veterinary Medical Association


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  1  Council on Education. This exemption expires when such intern

  2  or resident completes or is terminated from such training.

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

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

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

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

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

  8         (3)(2)  A student in a school or college of veterinary

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

10  his instructor or when working as a preceptor under the

11  immediate supervision of a licensee, provided that such

12  preceptorship is required for graduation from an accredited

13  school or college of veterinary medicine.  The licensed

14  veterinarian shall be responsible for all acts performed by a

15  preceptor under her or his supervision.

16         (4)(3)  Any doctor of veterinary medicine in the employ

17  of a state agency or the United States Government while

18  actually engaged in the performance of her or his official

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

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

21  official duties or is not working at the installations for

22  which her or his services were engaged.

23         (5)(4)  Any person, or the person's regular employee,

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

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

26  and dehorning of herd animals, unless title has been

27  transferred or employment provided for the purpose of

28  circumventing this law. This exemption shall not apply to

29  out-of-state veterinarians practicing temporarily in the

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

31


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  1  animal for diseases which are communicable to humans and which

  2  are of public health significance.

  3         (6)(5)  State agencies, accredited schools,

  4  institutions, foundations, business corporations or

  5  associations, physicians licensed to practice medicine and

  6  surgery in all its branches, graduate doctors of veterinary

  7  medicine, or persons under the direct supervision thereof,

  8  which or who conduct experiments and scientific research on

  9  animals in the development of pharmaceuticals, biologicals,

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

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

12  the study and development of methods and techniques directly

13  or indirectly applicable to the problems of the practice of

14  veterinary medicine.

15         (7)(6)  Any veterinary aide, nurse, laboratory

16  technician, preceptor, or other employee of a licensed

17  veterinarian who administers medication or who renders

18  auxiliary or supporting assistance under the responsible

19  supervision of a such licensed veterinarian practitioner,

20  including those tasks identified by rule of the board

21  requiring immediate supervision. However, the licensed

22  veterinarian shall be responsible for all such acts performed

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

24         (8)  A veterinarian, licensed by and actively

25  practicing veterinary medicine in another state, who is board

26  certified in a specialty recognized by the board and who

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

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

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

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

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


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  1  veterinarian who practices under this subsection is not

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

  3

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

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

  6  are deemed to be duly licensed practitioners authorized by the

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

  8         Section 45.  Subsection (3) of section 474.211, Florida

  9  Statutes, is amended to read:

10         474.211  Renewal of license.--

11         (3)  The board may by rule prescribe continuing

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

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

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

15  board.

16         Section 46.  Paragraph (c) of subsection (2) of section

17  474.214, Florida Statutes, is amended to read:

18         474.214  Disciplinary proceedings.--

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

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

21  regardless of whether the violation occurred prior to

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

23  following penalties:

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

25  $5,000 $1,000 for each count or separate offense.

26

27  In determining appropriate action, the board must first

28  consider those sanctions necessary to protect the public.

29  Only after those sanctions have been imposed may the

30  disciplining authority consider and include in its order

31  requirements designed to rehabilitate the veterinarian.  All


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  1  costs associated with compliance with any order issued under

  2  this subsection are the obligation of the veterinarian.

  3         Section 47.  For the purpose of incorporating the

  4  amendment to section 474.214, Florida Statutes, in references

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

  6  is reenacted to read:

  7         474.207  Licensure by examination.--

  8         (2)  The department shall license each applicant who

  9  the board certifies has:

10         (a)  Completed the application form and remitted an

11  examination fee set by the board.

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

13  accredited by the American Veterinary Medical Association

14  Council on Education; or

15         2.  Graduated from a college of veterinary medicine

16  listed in the American Veterinary Medical Association Roster

17  of Veterinary Colleges of the World and obtained a certificate

18  from the Education Commission for Foreign Veterinary

19  Graduates.

20         (c)  Successfully completed the examination provided by

21  the department for this purpose, or an examination determined

22  by the board to be equivalent.

23         (d)  Demonstrated knowledge of the laws and rules

24  governing the practice of veterinary medicine in Florida in a

25  manner designated by rules of the board.

26

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

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

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

30  constitute a violation of this chapter until the investigation

31


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  1  is complete and disciplinary proceedings have been terminated,

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

  3         Section 48.  For the purpose of incorporating the

  4  amendment to section 474.214, Florida Statutes, in references

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

  6  is reenacted to read:

  7         474.217  Licensure by endorsement.--

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

  9  endorsement to any applicant who is under investigation in any

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

11  would constitute a violation of this chapter until the

12  investigation is complete and disciplinary proceedings have

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

14  shall apply.

15         Section 49.  Subsection (7) of section 474.215, Florida

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

17  that section, to read:

18         474.215  Premises permits.--

19         (7)  The board by rule shall establish minimum

20  standards for the operation of limited service veterinary

21  medical practices. Such rules shall not restrict limited

22  service veterinary medical practices and shall be consistent

23  with the type of limited veterinary medical service provided.

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

25  veterinary medical practice shall obtain a biennial permit

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

27  limited service permittee shall register each location where a

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

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

30         (b)  All permits issued under this subsection are

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


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  1         (c)  Notwithstanding any provision of this subsection

  2  to the contrary, any temporary rabies vaccination effort

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

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

  5  consultation with the State Veterinarian, is not subject to

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

  7  must adhere to all other requirements for limited service

  8  veterinary medical practice as prescribed by rule. The fee

  9  charged to the public for a rabies vaccination administered

10  during such temporary rabies vaccination effort may not exceed

11  the actual cost of administering the rabies vaccine. Such

12  rabies vaccination efforts may not be used for any purpose

13  other than to address the public health consequences of the

14  rabies outbreak. The board shall be immediately notified in

15  writing of any temporary rabies vaccination effort operated

16  under this paragraph.

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

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

19  veterinary medical establishment or limited service clinic

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

21  certifies that the applicant complies with the applicable laws

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

23  permit. No permit shall be issued unless a licensed

24  veterinarian is designated to undertake the professional

25  supervision of the veterinary medical practice and the minimum

26  standards set by rule of the board for premises where

27  veterinary medicine is practiced. Upon application, the

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

29  criminal records correspondence check through the Department

30  of Law Enforcement. The permittee shall notify the board

31  within 10 days after any designation of a new licensed


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  1  veterinarian responsible for such duties. A permittee under

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

  3  and s. 474.214.

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

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

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

  7  permittee who has:

  8         1.  Obtained a permit by misrepresentation or fraud or

  9  through an error of the department or board;

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

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

12  representation;

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

14  any rule of the board; or

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

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

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

18  the United States.

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

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

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

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

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

24  from the premises all signs and symbols identifying the

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

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

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

28  owning or operating the establishment may not apply for a

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

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

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


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  1  disposition of all medicinal drugs and must provide for

  2  ensuring the security, confidentiality, and availability to

  3  clients of all patient medical records.

  4         Section 50.  Section 474.2165, Florida Statutes, is

  5  amended to read:

  6         474.2165  Ownership and control of veterinary medical

  7  patient records; report or copies of records to be

  8  furnished.--

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

10  means any veterinarian who generates a medical record after

11  making a physical examination of, or administering treatment

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

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

14  or any veterinarian's employer, provided the employment

15  contract or agreement between the employer and the

16  veterinarian designates the employer as the records owner.

17         (2)  Each person who provides veterinary medical

18  services shall maintain medical records, as established by

19  rule.

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

21  makes an examination of, or administers treatment or dispenses

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

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

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

25  and records relating to such examination or treatment,

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

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

28  rendered.

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

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

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


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  1  client or the client's legal representative or other

  2  veterinarians involved in the care or treatment of the

  3  patient, except upon written authorization of the client.

  4  However, such records may be furnished without written

  5  authorization under the following circumstances:

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

  7  procured or furnished such examination or treatment with the

  8  client's consent.

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

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

11  court of competent jurisdiction and proper notice to the

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

13  seeking such records.

14         (c)  For statistical and scientific research, provided

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

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

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

18  representative.

19         (5)  Except in a medical negligence action or

20  administrative proceeding when a veterinarian is or reasonably

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

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

23  treatment of the patient is confidential and may be disclosed

24  only to other veterinarians involved in the care or treatment

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

26  the client or compelled by subpoena at a deposition,

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

28  given.

29         (6)  The department may obtain patient records pursuant

30  to a subpoena without written authorization from the client if

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


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  1  reasonable cause to believe that a veterinarian has

  2  excessively or inappropriately prescribed any controlled

  3  substance specified in chapter 893 in violation of this

  4  chapter or that a veterinarian has practiced his or her

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

  6  required as defined by this chapter.

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

  8  records owners shall place an advertisement in the local

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

10  terminating practice, retiring, or relocating and are no

11  longer available to patients and shall offer clients the

12  opportunity to obtain a copy of their medical records.

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

14  records owners shall notify the board office when they are

15  terminating practice, retiring, or relocating and are no

16  longer available to patients, specifying who the new records

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

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

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

20  responsible for providing a copy of the complete medical

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

22  legal representative.

23         (10)  Veterinarians in violation of the provisions of

24  this section shall be disciplined by the board.

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

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

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

28  the amount specified in administrative rule by the board.

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

30  limit veterinarian consultations, as necessary.

31


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  1         Section 51.  Notwithstanding the transfer of the

  2  Division of Medical Quality Assurance to the Department of

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

  4  veterinarians licensed under chapter 474, Florida Statutes,

  5  shall be governed by the treatment of impaired practitioner

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

  7  were under the jurisdiction of the Division of Medical Quality

  8  Assurance, except that for veterinarians the Department of

  9  Business and Professional Regulation shall, at its option,

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

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

12  chapter 474, Florida Statutes.

13         Section 52.  Section 475.045, Florida Statutes, is

14  amended to read:

15         475.045  Florida Real Estate Commission Education and

16  Research Foundation; Foundation Advisory Committee.--

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

18  Commission Education and Research Foundation, hereinafter

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

20  by the commission Foundation Advisory Committee.

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

22  foundation are as follows:

23         1.  To create and promote educational projects to

24  expand the knowledge of the public and real estate licensees

25  in matters pertaining to Florida real estate.

26         2.  To augment the existing real estate programs by

27  increasing the number of teaching personnel and real estate

28  courses in the state in degree-granting programs in

29  universities and colleges in this state.

30         3.  To conduct studies in all areas that relate

31  directly or indirectly to real estate or urban or rural


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  1  economics and to publish and disseminate the findings and

  2  results of the studies.

  3         4.  To assist the teaching program in real estate

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

  5  registered pursuant to this chapter in the state, when

  6  requested to do so.

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

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

  9  universities, colleges, and real estate schools registered

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

11  so.

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

13  statutes and municipal ordinances; provided, however, that

14  such studies are requested by the Governor or the presiding

15  officers of the Legislature.  The foundation shall maintain

16  political nonadvocacy.

17         7.  To periodically review the progress of persons

18  conducting such research and studies.  The results of any

19  research project or study shall not be published or

20  disseminated until it has been reviewed and approved in

21  writing by the commission advisory committee or its designated

22  representative.

23         8.  To prepare information of consumer interest

24  concerning Florida real estate and to make the information

25  available to the public and appropriate state agencies.

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

27  publications and may receive gifts and grants from

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

29  the foundation.

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

31  the foundation shall be published annually.


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

  2  commission advisory committee shall file with the Governor,

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

  4  the secretary of the department a complete and detailed

  5  written report accounting for all funds received and disbursed

  6  by the foundation during the preceding year.

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

  8  Committee which is composed of nine persons appointed by the

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

10  national origin of the appointee, with the following

11  representation:

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

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

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

15         2.  Three members shall be representatives of the

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

17  shall possess qualifications in the fields of education,

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

19  education and research activities.  Members representative of

20  the general public shall not be licensed real estate brokers

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

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

23  broker or salesperson.

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

25  Commission shall be eligible for appointment to the Foundation

26  Advisory Committee.

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

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

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

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

31  the advisory committee shall hold office for staggered terms


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

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

  3  complete their present terms unless removed for cause.

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

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

  6  the member's successor is qualified.

  7         3.  Each member of the advisory committee is entitled

  8  to per diem and travel expenses as set by legislative

  9  appropriation for each day that the member engages in the

10  business of the advisory committee.

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

12  committee, if:

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

14  ceases to be an active licensee; or

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

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

17  licensed real estate broker or salesperson.

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

19  among its membership.

20         (b)  The committee shall meet not less than

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

22  petition of any six of its members.

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

24  law pursuant to s. 286.011.

25         (2)(5)(a)  The commission advisory committee shall

26  solicit advice and information from real estate licensees, the

27  commission, universities, colleges, real estate schools

28  registered pursuant to this chapter and the general public for

29  the purpose of submitting proposals for carrying out the

30  purposes, objectives, and duties of the foundation.

31


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  1         (b)  The commission advisory committee shall select the

  2  proposals that shall be funded and shall give priority to

  3  projects with the greatest potential for direct or indirect

  4  benefit to the public.

  5         (c)  The commission advisory committee shall select the

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

  7  faculty member of a university or college within the state

  8  with the consent of the institution to perform the education

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

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

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

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

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

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

15  selected in accordance with law to perform the education

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

17  purposes, objectives, and duties of the foundation.

18         (3)(6)(a)  The director of the Division of Real Estate

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

20  or her or his designated representative shall submit to the

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

22  a budget for expenditures of all funds provided for the

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

24  of activities for the review and approval of the commission

25  advisory committee.

26         (b)  The director shall submit to the commission

27  advisory committee all proposals received for its review and

28  approval in developing an educational and research agenda at

29  the beginning of each fiscal year and shall continuously

30  inform the commission advisory committee of changes in its

31  substance and scheduling.


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  1         (4)(7)  The commission advisory committee shall have

  2  the power and authority to adopt all rules necessary to

  3  administer this section.

  4         (5)(8)  Neither The foundation may not nor the

  5  committee shall be permitted to fund or offer educational

  6  courses designed to qualify persons for licensure or the

  7  renewal of licenses pursuant to this chapter.

  8         (6)(9)  Neither The foundation may not nor the

  9  committee shall expend any funds for the purpose of employing

10  staff.

11         (7)(10)  The Treasurer shall invest $3 million from the

12  portion of the Professional Regulation Trust Fund credited to

13  the real estate profession, under the same limitations as

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

15  earned thereon shall be available to the foundation to fund

16  the activities and projects authorized under this section.

17  However, any balance of such interest in excess of $1 million

18  shall revert to the portion of the Professional Regulation

19  Trust Fund credited to the real estate profession.  In the

20  event the foundation is abolished, the funds in the trust fund

21  shall revert to such portion of the Professional Regulation

22  Trust Fund.

23         Section 53.  Paragraph (d) is added to subsection (1)

24  of section 477.0132, Florida Statutes, to read:

25         477.0132  Hair braiding, hair wrapping, and body

26  wrapping registration.--

27         (1)

28         (d)  Only the board may review, evaluate, and approve a

29  course required of an applicant for registration under this

30  subsection in the occupation or practice of hair braiding,

31


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  1  hair wrapping, or body wrapping. A provider of such a course

  2  is not required to hold a license under chapter 246.

  3         Section 54.  Subsection (2) of section 477.019, Florida

  4  Statutes, is amended to read:

  5         477.019  Cosmetologists; qualifications; licensure;

  6  supervised practice; license renewal; endorsement; continuing

  7  education.--

  8         (2)  An applicant shall be eligible for licensure by

  9  examination to practice cosmetology if the applicant:

10         (a)  Is at least 16 years of age or has received a high

11  school diploma;

12         (b)  Pays the required application fee, which is not

13  refundable, and the required examination fee, which is

14  refundable if the applicant is determined to not be eligible

15  for licensure for any reason other than failure to

16  successfully complete the licensure examination; and

17         (c)1.  Is authorized Holds an active valid license to

18  practice cosmetology in another state or country, has been so

19  authorized held the license for at least 1 year, and does not

20  qualify for licensure by endorsement as provided for in

21  subsection (6); or

22         2.  Has received a minimum of 1,200 hours of training

23  as established by the board, which shall include, but shall

24  not be limited to, the equivalent of completion of services

25  directly related to the practice of cosmetology at one of the

26  following:

27         a.  A school of cosmetology licensed pursuant to

28  chapter 246.

29         b.  A cosmetology program within the public school

30  system.

31


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  1         c.  The Cosmetology Division of the Florida School for

  2  the Deaf and the Blind, provided the division meets the

  3  standards of this chapter.

  4         d.  A government-operated cosmetology program in this

  5  state.

  6

  7  The board shall establish by rule procedures whereby the

  8  school or program may certify that a person is qualified to

  9  take the required examination after the completion of a

10  minimum of 1,000 actual school hours. If the person then

11  passes the examination, he or she shall have satisfied this

12  requirement; but if the person fails the examination, he or

13  she shall not be qualified to take the examination again until

14  the completion of the full requirements provided by this

15  section.

16         Section 55.  Section 492.101, Florida Statutes, is

17  amended to read:

18         492.101  Purpose.--It is hereby declared to be the

19  public policy of the state that, in order to safeguard the

20  life, health, property, and public well-being of its citizens,

21  any person practicing or offering to practice geology in this

22  state shall meet the requirements of this chapter the

23  Department of Business and Professional Regulation and shall

24  be licensed as provided in ss. 492.101-492.1165.

25         Section 56.  Section 492.102, Florida Statutes, is

26  amended to read:

27         492.102  Definitions.--For the purposes of this chapter

28  ss. 492.101-492.1165, unless the context clearly requires

29  otherwise:

30         (1)  "Board" means the Board of Professional

31  Geologists.


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  1         (2)  "Department" means the Department of Business and

  2  Professional Regulation.

  3         (3)  "Geology" means the science which includes the

  4  treatment of the earth and its origin and history, in general;

  5  the investigation of the earth's crust and interior and the

  6  solids and fluids, including all surface and underground

  7  waters, and gases which compose the earth; the study of the

  8  natural agents, forces, and processes which cause changes in

  9  the earth; and the utilization of this knowledge of the earth

10  and its solids, fluids, and gases, and their collective

11  properties and processes, for the benefit of humankind.

12         (4)  "Geologist" means an individual who, by reason of

13  her or his knowledge of geology, soils, mathematics, and the

14  physical and life sciences, acquired by education and

15  practical experience, is capable of practicing the science of

16  geology.

17         (5)  "Qualified geologist" means an individual who

18  possesses all the qualifications for licensure under the

19  provisions of this chapter ss. 492.101-492.1165, except that

20  such person is not licensed.

21         (6)  "Professional geologist" means an individual who

22  is licensed as a geologist under the provisions of this

23  chapter ss. 492.101-492.1165.

24         (7)  "Practice of professional geology" means the

25  performance of, or offer to perform, geological services,

26  including, but not limited to, consultation, investigation,

27  evaluation, planning, and geologic mapping, but not including

28  mapping as prescribed in chapter 472, relating to geological

29  work, except as specifically exempted by this chapter ss.

30  492.101-492.1165.  Any person who practices any specialty

31  branch of the profession of geology, or who by verbal claim,


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  1  sign, advertisement, letterhead, card, or any other means

  2  represents herself or himself to be a professional geologist,

  3  or who through the use of some title implies that she or he is

  4  a professional geologist or that she or he is licensed under

  5  this chapter ss. 492.101-492.1165, or who holds herself or

  6  himself out as able to perform or does perform any geological

  7  services or work recognized as professional geology, shall be

  8  construed to be engaged in the practice of professional

  9  geology.

10         Section 57.  Section 492.104, Florida Statutes, is

11  amended to read:

12         492.104  Authority to make rules.--The Board of

13  Professional Geologists has authority to adopt rules pursuant

14  to ss. 120.536(1) and 120.54 to implement this chapter ss.

15  492.101-492.1165. Every licensee shall be governed and

16  controlled by this chapter ss. 492.101-492.1165 and the rules

17  adopted by the board.  The board is authorized to set, by

18  rule, fees for application, examination, certificate of

19  authorization, late renewal, initial licensure, and license

20  renewal.  These fees should not exceed the cost of

21  implementing the application, examination, initial licensure,

22  and license renewal or other administrative process and shall

23  be established as follows:.

24         (1)  The application fee shall not exceed $150 and

25  shall be nonrefundable.

26         (2)  The examination fee shall not exceed $250 and

27  shall be refundable if the applicant is found to be ineligible

28  to take the licensure examination.

29         (3)  The initial license fee shall not exceed $100.

30         (4)  The biennial renewal fee shall not exceed $150.

31


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  1         (5)  The fee for a certificate of authorization shall

  2  not exceed $350 and the fee for renewal of the certificate

  3  shall not exceed $350.

  4         (6)  The fee for reactivation of an inactive license

  5  shall not exceed $50.

  6         (7)  The fee for a provisional license shall not exceed

  7  $400.

  8         (8)  The fee for application, examination, and

  9  licensure for a license by endorsement shall be as provided in

10  this section for licenses in general.

11         Section 58.  Paragraph (c) of subsection (1) and

12  subsection (3) of section 492.105, Florida Statutes, are

13  amended to read:

14         492.105  Licensure by examination; requirements;

15  fees.--

16         (1)  Any person desiring to be licensed as a

17  professional geologist shall apply to the department to take

18  the licensure examination. The written licensure examination

19  shall be designed to test an applicant's qualifications to

20  practice professional geology, and shall include such subjects

21  as will tend to ascertain the applicant's knowledge of the

22  theory and the practice of professional geology and may

23  include such subjects as are taught in curricula of accredited

24  colleges and universities. The department shall examine each

25  applicant who the board certifies:

26         (c)  Has not committed any act or offense in any

27  jurisdiction which would constitute the basis for disciplining

28  a professional geologist licensed pursuant to this chapter ss.

29  492.101-492.1165.

30         (3)  The department shall not issue a license to any

31  applicant who is under investigation in any jurisdiction for


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  1  an offense which would constitute a violation of this chapter

  2  ss. 492.101-492.1165. Upon completion of the investigation,

  3  the disciplinary provisions of s. 492.113 shall apply.

  4         Section 59.  Section 492.107, Florida Statutes, is

  5  amended to read:

  6         492.107  Seals.--

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

  8  seal, including its electronic form, to be used by persons

  9  holding valid licenses. All geological papers, reports, and

10  documents prepared or issued by the licensee shall be signed

11  by the licensee, dated, and sealed by the licensee who

12  performed or is responsible for the supervision, direction, or

13  control of the work contained in the papers, reports, or

14  documents stamped with said seal. Such signature, date, and

15  seal shall be evidence of the authenticity of that to which

16  they are affixed. Geological papers, reports, and documents

17  prepared or issued by the licensee may be transmitted

18  electronically provided they have been signed by the licensee,

19  dated, and electronically sealed. It is unlawful for any

20  person to sign stamp or seal any document as a professional

21  geologist unless that person holds a current, active license

22  as a professional geologist which has not with a seal after

23  that person's license has expired or been revoked or

24  suspended, unless reinstated or reissued.

25         (2)  No licensee registrant shall affix or permit to be

26  affixed her or his the registrant's seal or name to any

27  geologic reports, papers, or other documents which depict work

28  which the licensee registrant is not licensed to perform or

29  which was not performed by or under the responsible

30  supervision, direction, or control of the licensee is beyond

31  the registrant's profession or specialty therein.


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  1         Section 60.  Subsection (2) of section 492.108, Florida

  2  Statutes, is amended to read:

  3         492.108  Licensure by endorsement; requirements;

  4  fees.--

  5         (2)  The department shall issue a license to practice

  6  professional geology to any applicant who successfully

  7  complies with the requirements of this section.  The

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

  9  under investigation in any jurisdiction for an offense which

10  would constitute a violation of this chapter ss.

11  492.101-492.1165.  Upon completion of the investigation, the

12  disciplinary provisions of s. 492.113 shall apply.

13         Section 61.  Section 492.111, Florida Statutes, is

14  amended to read:

15         492.111  Practice of professional geology by a firm,

16  corporation, or partnership; certificate of

17  authorization.--The practice of, or offer to practice,

18  professional geology by individual professional geologists

19  licensed under the provisions of this chapter ss.

20  492.101-492.1165 through a firm, corporation, or partnership

21  offering geological services to the public through

22  individually licensed professional geologists as agents,

23  employees, officers, or partners thereof is permitted subject

24  to the provisions of this chapter ss. 492.101-492.1165,

25  provided that:

26         (1)  At all times that it offers geological services to

27  the public, the firm, corporation, or partnership has on file

28  with the department the name and license number of one or more

29  individuals who hold a current, active license as a

30  professional geologist in the state and are serving as a

31  geologist of record for the firm, corporation, or partnership.


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  1  A geologist of record may be any principal officer or employee

  2  of such firm or corporation, or any partner or employee of

  3  such partnership, who holds a current, active license as a

  4  professional geologist in this state, or any other

  5  Florida-licensed professional geologist with whom the firm,

  6  corporation, or partnership has entered into a long-term,

  7  ongoing relationship, as defined by rule of the board, to

  8  serve as one of its geologists of record. It shall be the

  9  responsibility of the firm, corporation, or partnership and

10  the geologist of record to notify the department of any

11  changes in the relationship or identity of that geologist of

12  record within 30 days after such change. One or more of the

13  principal officers, employees, or agents of such firm or

14  corporation, or partners, employees, or agents of such

15  partnership, who act in its behalf as professional geologists

16  in this state are licensed as provided in ss.

17  492.101-492.1165.

18         (2)  The firm, corporation, or partnership has been

19  issued a certificate of authorization by the department as

20  provided in this chapter ss. 492.101-492.1165.  For purposes

21  of this section, a certificate of authorization shall be

22  required of any firm, corporation, partnership, association,

23  or person practicing under a fictitious name and offering

24  geological services to the public; except that, when an

25  individual is practicing geology in his or her own name, he or

26  she shall not be required to obtain a certificate of

27  authorization under this section.  Such certificate of

28  authorization shall be renewed every 2 years.

29         (3)  All final geological papers or documents involving

30  the practice of the profession of geology which have been

31  prepared or approved for the use of such firm, corporation, or


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  1  partnership, for delivery to any person for public record with

  2  the state, shall be dated and bear the signature and seal of

  3  the professional geologist or professional geologists who

  4  prepared or approved them.

  5         (4)  The fact that a licensed geologist practices

  6  through a corporation or partnership shall not relieve the

  7  registrant from personal liability for negligence, misconduct,

  8  or wrongful acts committed by him or her. Partnership and all

  9  partners shall be jointly and severally liable for the

10  negligence, misconduct, or wrongful acts committed by their

11  agents, employees, or partners while acting in a professional

12  capacity.  Any officer, agent, or employee of a corporation

13  shall be personally liable and accountable only for negligent

14  acts, wrongful acts, or misconduct committed by him or her or

15  committed by any person under his or her direct supervision

16  and control, while rendering professional services on behalf

17  of the corporation.  The personal liability of a shareholder

18  of a corporation, in his or her capacity as shareholder, shall

19  be no greater than that of a shareholder-employee of a

20  corporation incorporated under chapter 607.  The corporation

21  shall be liable up to the full value of its property for any

22  negligent acts, wrongful acts, or misconduct committed by any

23  of its officers, agents, or employees while they are engaged

24  on behalf of the corporation in the rendering of professional

25  services.

26         (5)  The firm, corporation, or partnership desiring a

27  certificate of authorization shall file with the department an

28  application therefor, upon a form to be prescribed by the

29  department, accompanied by the required application fee.

30         (6)  The department may refuse to issue a certificate

31  of authorization if any facts exist which would entitle the


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  1  department to suspend or revoke an existing certificate of

  2  authorization or if the department, after giving persons

  3  involved a full and fair hearing, determines that any of the

  4  officers or directors of said firm or corporation, or partners

  5  of said partnership, have violated the provisions of s.

  6  492.113.

  7         Section 62.  Paragraphs (a), (b), and (g) of subsection

  8  (1) of section 492.112, Florida Statutes, are amended to read:

  9         492.112  Prohibitions; penalties.--

10         (1)  A person may not knowingly:

11         (a)  Practice geology unless the person is licensed

12  under this chapter ss. 492.101-492.1165.

13         (b)  Use the name or title "Professional Geologist" or

14  any other title, designation, words, letters, abbreviations,

15  or device tending to indicate that the person holds an active

16  license as a geologist when the person is not licensed under

17  this chapter ss. 492.101-492.1165.

18         (g)  Conceal information relative to violations of this

19  chapter ss. 492.101-492.1165.

20         Section 63.  Paragraph (a) of subsection (1) of section

21  492.113, Florida Statutes, is amended to read:

22         492.113  Disciplinary proceedings.--

23         (1)  The following acts constitute grounds for which

24  the disciplinary actions in subsection (3) may be taken:

25         (a)  Violation of any provision of s. 492.112 or any

26  other provision of this chapter ss. 492.101-492.1165.

27         Section 64.  Section 492.116, Florida Statutes, is

28  amended to read:

29         492.116  Exemptions.--The following persons are

30  specifically exempted from this chapter ss. 492.101-492.1165,

31  provided, however, that all final geological papers or


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  1  documents which have been prepared by a person exempt under

  2  subsection (1), subsection (2), subsection (3), or subsection

  3  (4) for delivery to any person for public record with the

  4  state shall be dated and bear the signature and seal of the

  5  professional geologist or professional geologists who prepared

  6  or approved them:

  7         (1)  Persons engaged solely in teaching the science of

  8  geology.

  9         (2)  Persons engaged in geological research which does

10  not affect the health, safety, or well-being of the public.

11         (3)  Officers and employees of the United States

12  Government, the State of Florida, water management districts,

13  or other local or regional governmental entities practicing

14  solely as such officers or employees.

15         (4)  Regular full-time employees of a corporation not

16  engaged in the practice of professional geology as such, who

17  are directly supervised by a person licensed as a professional

18  geologist under this chapter ss. 492.101-492.1165.

19         (5)  A person employed on a full-time basis as a

20  geologist by an employer engaged in the business of

21  developing, mining, or treating ores, other minerals, and

22  petroleum resources if that person engages in geological

23  practice exclusively for and as an employee of such employer

24  and does not hold herself or himself out and is not held out

25  as available to perform any geological services for persons

26  other than her or his employer.

27         Section 65.  Section 492.1165, Florida Statutes, is

28  amended to read:

29         492.1165  Construction of chapter ch. 87-403.--Nothing

30  in this chapter ss. 492.101-492.1165 as enacted by chapter

31  87-403, Laws of Florida, shall be construed to prevent or


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  1  prohibit the practice of any profession or trade for which a

  2  license is required under any other law of this state, or the

  3  practice by registered professional engineers.

  4         Section 66.  Paragraph (d) of subsection (3) of section

  5  310.0015, Florida Statutes, is amended to read:

  6         310.0015  Piloting regulation; general provisions.--

  7         (3)  The rate-setting process, the issuance of licenses

  8  only in numbers deemed necessary or prudent by the board, and

  9  other aspects of the economic regulation of piloting

10  established in this chapter are intended to protect the public

11  from the adverse effects of unrestricted competition which

12  would result from an unlimited number of licensed pilots being

13  allowed to market their services on the basis of lower prices

14  rather than safety concerns. This system of regulation

15  benefits and protects the public interest by maximizing

16  safety, avoiding uneconomic duplication of capital expenses

17  and facilities, and enhancing state regulatory oversight. The

18  system seeks to provide pilots with reasonable revenues,

19  taking into consideration the normal uncertainties of vessel

20  traffic and port usage, sufficient to maintain reliable,

21  stable piloting operations. Pilots have certain restrictions

22  and obligations under this system, including, but not limited

23  to, the following:

24         (d)1.  The pilot or pilots in a port shall train and

25  compensate all member deputy pilots in that port. Failure to

26  train or compensate such deputy pilots shall constitute a

27  ground for disciplinary action under s. 310.101. Nothing in

28  this subsection shall be deemed to create an agency or

29  employment relationship between a pilot or deputy pilot and

30  the pilot or pilots in a port.

31


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  1         2.  The pilot or pilots in a port shall establish a

  2  competency-based mentor program by which minority persons, as

  3  defined in s. 288.703(3), may acquire the skills for the

  4  professional preparation and education competency requirements

  5  of a licensed state pilot or certificated deputy pilot. The

  6  department shall provide the Governor, the President of the

  7  Senate, and the Speaker of the House of Representatives with a

  8  report each year on the number of minority persons, as defined

  9  in s. 288.703(3), who have participated in each mentor

10  program, who are licensed state pilots or certificated deputy

11  pilots, and who have applied for state pilot licensure or

12  deputy pilot certification.

13         Section 67.  The sum of $500,000 is appropriated from

14  the Professional Regulation Trust Fund to the Department of

15  Business and Professional Regulation for the purpose of

16  disbursing funds to any private corporation or business entity

17  to offset startup costs incurred in the implementation of

18  section 455.32, Florida Statutes, the Management Privatization

19  Act, pursuant to a contract executed by the department.

20         Section 68.  Subsection (12) of section 477.013,

21  Florida Statutes, is amended to read:

22         477.013  Definitions.--As used in this chapter:

23         (12)  "Body wrapping" means a treatment program that

24  uses herbal wraps for the purposes of weight loss and of

25  cleansing and beautifying the skin of the body, but does not

26  include:

27         (a)  The application of oils, lotions, or other fluids

28  to the body, except fluids contained in presoaked materials

29  used in the wraps; or

30

31


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  1         (b)  Manipulation of the body's superficial tissue,

  2  other than that arising from compression emanating from the

  3  wrap materials.

  4         Section 69.  Paragraph (o) is added to subsection (1)

  5  of section 468.456, Florida Statutes, and subsection (3) of

  6  that section is amended to read:

  7         468.456  Prohibited acts.--

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

  9  disciplinary actions provided for in subsection (3):

10         (o)  Being employed to illegally recruit or solicit

11  student athletes by being utilized by or otherwise

12  collaborating with a person known to have been convicted or

13  found guilty of, or to have entered a plea of nolo contendere

14  to, a violation of s. 468.45615, regardless of adjudication.

15         (3)  When the department finds any person guilty of any

16  of the prohibited acts set forth in subsection (1), the

17  department may enter an order imposing one or more of the

18  penalties provided for in s. 455.227. In addition to any other

19  penalties or disciplinary actions provided for in this part,

20  the department shall suspend or revoke the license of any

21  athlete agent licensed under this part who violates paragraph

22  (f) or paragraph (o) or s. 468.45615.

23         Section 70.  Section 468.45615, Florida Statutes, is

24  created to read:

25         468.45615  Provision of illegal inducements to athletes

26  prohibited; penalties; license suspension.--

27         (1)  Any person who violates s. 468.456(1)(f) is guilty

28  of a felony of the second degree, punishable as provided in s.

29  775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.

30         (2)(a)  Regardless of whether adjudication is withheld,

31  any person convicted or found guilty of, or entering a plea of


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  1  nolo contendere to, the violation described in subsection (1)

  2  shall not employ, utilize, or otherwise collaborate with a

  3  licensed or unlicensed athlete agent in Florida to illegally

  4  recruit or solicit student athletes.  Any person who violates

  5  the provisions of this subsection is guilty of a felony of the

  6  second degree, punishable as provided in s. 775.082, s.

  7  775.083, s. 775.084, s. 775.089, or s. 775.091.

  8         (b)  Regardless of whether adjudication is withheld,

  9  any person who knowingly actively assists in the illegal

10  recruitment or solicitation of student athletes for a person

11  who has been convicted or found guilty of, or entered a plea

12  of nolo contendere to, a violation of this section is guilty

13  of a felony of the second degree, punishable as provided in s.

14  775.082, s. 775.083, s. 775.084, s. 775.089, or s. 775.091.

15         (3)  In addition to any other penalties provided in

16  this section, the court may suspend the license of the person

17  pending the outcome of any administrative action against the

18  person by the department.

19         Section 71.  Subsections (1) and (3) of section

20  468.4562, Florida Statutes, are amended to read:

21         468.4562  Civil action by institution.--

22         (1)  A college or university may sue for damages, as

23  provided by this section, any person who violates this part.

24  A college or university may seek equitable relief to prevent

25  or minimize harm arising from acts or omissions which are or

26  would be a violation of this part.

27         (3)  An institution that prevails in a suit brought

28  under this section may recover:

29         (a)  Actual damages;

30         (b)  Punitive damages;

31         (c)  Treble damages;


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  1         (d)(c)  Court costs; and

  2         (e)(d)  Reasonable attorney's fees.

  3         Section 72.  This act shall take effect July 1, 2000.

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