House Bill 2211c1

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000             CS/HB 2211

        By the Committees on Finance & Taxation, Business
    Regulation & Consumer Affairs and Representatives Ogles,
    Brown, J. Miller, Cantens, Greenstein and Futch




  1                      A bill to be entitled

  2         An act relating to regulation of professions

  3         under the Department of Business and

  4         Professional Regulation; amending s. 310.071,

  5         F.S.; providing for disqualification from

  6         applying for and denial of deputy pilot

  7         certification for being found guilty of, or

  8         having pled guilty or nolo contendere to,

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

10         providing for deposit and disposition of

11         amounts received from imposition of pilotage

12         rates pending rendition of a final order

13         regarding such rates; amending s. 120.80, F.S.;

14         providing requirements regarding an

15         administrative law judge's recommended order in

16         a dispute relating to action or proposed action

17         of the Pilotage Rate Review Board; amending s.

18         455.211, F.S.; requiring department concurrence

19         with certain board rulemaking; amending s.

20         455.217, F.S.; revising provisions relating to

21         translation of examinations; amending s.

22         455.2179, F.S.; providing for approval of

23         continuing education providers; providing fees;

24         providing rulemaking authority; amending s.

25         455.219, F.S., and repealing subsection (3),

26         relating to fees required for approval as a

27         continuing education provider; authorizing the

28         department to adopt rules to provide for waiver

29         of license renewal fees under certain

30         circumstances and for a limited period and to

31         advance funds to the Florida State Boxing

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         Commission when operating with a negative cash

  2         balance; creating s. 455.32, F.S.; creating the

  3         Management Privatization Act; providing

  4         definitions; authorizing the department to

  5         contract with a corporation or other business

  6         entity to perform support services specified

  7         pursuant to contract; providing contract

  8         requirements; providing corporation powers and

  9         responsibilities; establishing reporting and

10         audit requirements; providing for future review

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

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

13         revising requirements relating to the conduct,

14         administration, approval, and scope of the

15         examination for licensure as an auctioneer;

16         specifying that an auction may only be

17         conducted by an active licensee; creating s.

18         468.3855, F.S.; providing requirements for

19         auctioneer apprentices; amending s. 468.388,

20         F.S.; adding requirements and responsibilities

21         relating to the conduct of an auction; deleting

22         exceptions from a requirement that auctions be

23         conducted pursuant to a written agreement;

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

25         disciplinary action against licensees who fail

26         to account for certain property; providing

27         penalties; reenacting ss. 468.385(3)(b) and

28         468.391, F.S., relating to licensure as an

29         auctioneer and to a criminal penalty,

30         respectively, to incorporate the amendment to

31         s. 468.389, F.S., in references thereto;

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         amending s. 468.392, F.S.; authorizing the

  2         designee of the Secretary of Business and

  3         Professional Regulation to sign vouchers for

  4         payment or disbursement from the Auctioneer

  5         Recovery Fund; amending s. 468.395, F.S.;

  6         revising conditions of recovery from the

  7         Auctioneer Recovery Fund; providing for

  8         recovery from the fund pursuant to an order

  9         issued by the Florida Board of Auctioneers;

10         deleting a requirement that notice be given to

11         the board at the time action is commenced;

12         providing limitations on bringing claims for

13         certain acts; providing subrogation rights for

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

15         to payment of claim; correcting language;

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

17         requirements for licensure as a community

18         association manager, to include certain

19         prelicensure education; providing for provider

20         approval, including fees; repealing s.

21         468.525(3)(h), F.S., relating to a prohibition

22         on employee leasing companies and groups from

23         including employees who engage in services or

24         arrangements that are not within the definition

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

26         modifying qualifications for licensure as an

27         employee leasing company group; amending s.

28         468.531, F.S.; providing prohibitions against

29         offering to practice employee leasing without

30         being licensed and against the use of certain

31         titles relating to employee leasing without

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         being registered; providing penalties; amending

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

  3         authority to the Board of Funeral Directors and

  4         Embalmers relating to inspection of direct

  5         disposal establishments, funeral

  6         establishments, and cinerator facilities and

  7         the records of each establishment or facility;

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

  9         approval of continuing education providers;

10         revising provisions relating to continuing

11         education hours; amending ss. 470.016 and

12         470.018, F.S.; revising provisions relating to

13         continuing education hours; amending s.

14         470.017, F.S.; revising provisions relating to

15         registration as a direct disposer, including

16         fee-setting responsibility; prohibiting the

17         department from issuing future registrations;

18         amending s. 470.021, F.S.; prohibiting

19         colocation of certain direct disposal

20         establishments with more than one funeral

21         establishment or direct disposal establishment;

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

23         relating to registration of agents for preneed

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

25         provisions relating to registration of

26         centralized embalming facilities to provide for

27         operating procedures; providing requirements

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

29         471.003, 471.0035, 471.011, 471.023, and

30         471.037, F.S.; updating references relating to

31         regulation of engineering to incorporate

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         provisions relating to the Florida Engineers

  2         Management Corporation and engineers performing

  3         building code inspector duties; amending s.

  4         471.005, F.S.; defining the term "retired

  5         professional engineer"; updating references;

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

  7         requirements for licensure by endorsement;

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

  9         granting the Board of Professional Engineers

10         rulemaking authority to establish biennial

11         licensure renewal procedures; replacing

12         continuing education provisions with provisions

13         requiring a review and report on continuing

14         education requirements in other jurisdictions;

15         amending s. 471.019, F.S., to create s.

16         471.0195, F.S.; separating provisions relating

17         to building code training from provisions

18         relating to licensure reactivation

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

20         requiring final bid documents to be signed,

21         dated, and sealed and authorizing the

22         electronic transfer of such documents; amending

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

24         certain activities prohibited under ch. 471,

25         F.S., relating to engineering; updating

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

27         the definition of "veterinarian"; amending s.

28         474.203, F.S.; revising and providing

29         exemptions from regulation under ch. 474, F.S.,

30         relating to veterinary medical practice;

31         providing that certain exempt persons are duly

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         licensed practitioners for purposes of

  2         prescribing drugs or medicinal supplies;

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

  4         criteria for providers of continuing veterinary

  5         medical education shall be approved by the

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

  7         the administrative fine; reenacting ss.

  8         474.207(2) and 474.217(2), F.S., relating to

  9         licensure by examination and licensure by

10         endorsement, to incorporate the amendment to s.

11         474.214, F.S., in references thereto; amending

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

13         permittees to register each location and

14         providing a registration fee; providing

15         requirements for certain temporary rabies

16         vaccination efforts; providing permit and other

17         requirements for persons who are not licensed

18         veterinarians, but who desire to own and

19         operate a veterinary medical establishment;

20         providing disciplinary actions applicable to

21         holders of premises permits; amending s.

22         474.2165, F.S.; providing requirements with

23         respect to ownership and control of veterinary

24         medical patient records; providing for the

25         furnishing of reports or copies of records;

26         providing for participation of veterinarians in

27         impaired practitioner treatment programs;

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

29         Florida Real Estate Commission Education and

30         Research Foundation Advisory Committee and

31         transferring its duties to the commission;

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         amending s. 477.013, F.S.; revising the

  2         definition of "body wrapping"; amending s.

  3         477.0132, F.S.; restricting to the Board of

  4         Cosmetology authority to review, evaluate, and

  5         approve courses required for hair braiding,

  6         hair wrapping, and body wrapping registration;

  7         exempting providers of such courses from

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

  9         revising requirements for licensure to practice

10         cosmetology; providing fees; amending s.

11         477.0201, F.S.; revising requirements for

12         registration as a specialist in a specialty

13         practice within the practice of cosmetology;

14         providing fees; amending ss. 492.101, 492.102,

15         492.104, 492.105, 492.108, 492.112, 492.113,

16         492.116, and 492.1165, F.S.; revising cross

17         references; amending s. 492.107, F.S.; revising

18         provisions relating to the use of seals by

19         licensed geologists; amending s. 492.111, F.S.;

20         providing requirements relating to geologists

21         of record for firms, corporations, and

22         partnerships; providing an appropriation;

23         providing an effective date.

24

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

26

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

28  Florida Statutes, to read:

29         310.071  Deputy pilot certification.--

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

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

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  applicant shall be disqualified from applying for and shall be

  2  denied a deputy pilot certificate if the applicant, regardless

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

  4  or nolo contendere to, a charge which was:

  5         (a)  A felony or first degree misdemeanor which

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

  7  or

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

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

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

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

12  constitute the felony of selling or trafficking in, or

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

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

15  Statutes, is amended to read:

16         310.151  Rates of pilotage; Pilotage Rate Review

17  Board.--

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

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

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

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

22  request a hearing pursuant to the Administrative Procedure

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

24  port shall also be published in the Florida Administrative

25  Weekly and in a newspaper of general circulation in the

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

27  formally requested notice of any rate change in the affected

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

29  notice, any person whose substantial interests will be

30  affected by the intended board action may request a hearing

31  pursuant to the Administrative Procedure Act. If the board

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  concludes that the petitioner has raised a disputed issue of

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

  3  shall be conducted by formal proceeding before an

  4  administrative law judge assigned by the Division of

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

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

  7  petitioner has not raised a disputed issue of material fact

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

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

10  120.68. The failure to request a hearing within 21 days after

11  receipt or publication of notice shall constitute a waiver of

12  any right to an administrative hearing and shall cause the

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

14  If an administrative hearing is requested pursuant to this

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

16  hearing shall be published in the Florida Administrative

17  Weekly and in a newspaper of general circulation in the

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

19  any person who has formally requested notice of any rate

20  change for the affected port area.

21         (b)1.  In any administrative proceeding pursuant to

22  this section, the board's proposed rate determination shall be

23  immediately effective and shall not be stayed during the

24  administrative proceeding.

25         2.  In any instance of the board proposing a rate

26  increase, and pending rendition of the board's final order,

27  the pilot or pilots in the subject port shall deposit in an

28  interest-bearing account all amounts received which represent

29  the difference between the previous rates and the proposed

30  rates. The pilot or pilots in the subject port shall keep an

31  accurate accounting of all amounts deposited, specifying by

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  whom or on whose behalf such amounts were paid, and shall

  2  produce such an accounting upon request of the board. Upon

  3  rendition of the board's final order:

  4         a.  Any amounts deposited in the interest-bearing

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

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

  7  interest accrued on such funds; and

  8         b.  Any amounts deposited which exceed the rates

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

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

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

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

13  the pilot or pilots as the board shall direct.

14         Section 3.  Paragraph (c) is added to subsection (4) of

15  section 120.80, Florida Statutes, to read:

16         120.80  Exceptions and special requirements;

17  agencies.--

18         (4)  DEPARTMENT OF BUSINESS AND PROFESSIONAL

19  REGULATION.--

20         (c)  Pilotage rate review.--In a dispute relating to

21  action or proposed action of the Pilotage Rate Review Board,

22  the administrative law judge's recommended order may include

23  conclusions of law and rulings on evidentiary or procedural

24  matters and shall include findings of fact for consideration

25  by the board in applying the factors set forth in s.

26  310.151(5) and (6). The recommended order shall not include a

27  recommendation as to the appropriate rate to be imposed.

28         Section 4.  Subsection (4) is added to section 455.211,

29  Florida Statutes, to read:

30         455.211  Board rules; final agency action;

31  challenges.--

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  to meet proposed objections of the Administrative Procedures

  3  Committee must receive concurrence from the department prior

  4  to filing the rule with the Department of State. The

  5  department may repeal any rule that any board has enacted and

  6  that has taken effect without having met proposed objections

  7  of the Administrative Procedures Committee.

  8         Section 5.  Subsection (6) of section 455.217, Florida

  9  Statutes, is amended to read:

10         455.217  Examinations.--This section shall be read in

11  conjunction with the appropriate practice act associated with

12  each regulated profession under this chapter.

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

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

15  is no board, may provide licensure examinations in an

16  applicant's native language.  Applicants for examination or

17  reexamination pursuant to this subsection shall bear the full

18  cost for the department's development, preparation,

19  administration, grading, and evaluation of any examination in

20  a language other than English or Spanish.  Requests for

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

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

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

24  examination.  When determining whether it is in the public

25  interest to allow the examination to be translated into a

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

27  department when there is no board, shall consider the

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

29  language.

30         Section 6.  Section 455.2179, Florida Statutes, is

31  amended to read:

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         455.2179  Continuing education provider approval; cease

  2  and desist orders.--

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

  4  board, requires completion of continuing education as a

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

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

  7  the continuing education. The approval of a continuing

  8  education provider, the approval must be for a specified

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

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

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

12  that includes such a time limitation.

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

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

15  entity to cease and desist from offering any continuing

16  education programs for licensees, and revoking any approval of

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

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

19  entity failed to provide appropriate continuing education

20  services that conform to approved course material.

21         (3)  Each board authorized to approve continuing

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

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

24  seeking approval to provide continuing education courses and

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

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

27  Estate Commission, authorized under the provisions of chapter

28  475 to approve prelicensure, precertification, and

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

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

31  to offer prelicensure, precertification, or postlicensure

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

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

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

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

  5  provisions of this section.

  6         Section 7.  Subsection (3) of section 455.219, Florida

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

  8  amended to read:

  9         455.219  Fees; receipts; disposition; periodic

10  management reports.--

11         (1)  Each board within the department shall determine

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

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

14  required to implement all provisions of law relating to the

15  regulation of professions by the department and any board;

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

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

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

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

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

21  implement a waiver of license renewal fees for that profession

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

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

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

25  anticipated costs and to maintain a reasonable cash balance,

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

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

28  within 1 year of notification by the department that license

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

30  license fees on behalf of the applicable board to cover

31  anticipated costs and to maintain the required cash balance.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  The department shall include recommended fee cap increases in

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

  3  legislative intent that no regulated profession operate with a

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

  5  the advancement of sufficient funds to any profession, or the

  6  Florida State Boxing Commission, operating with a negative

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

  8  exceed 2 consecutive years and shall require interest to be

  9  paid by the regulated profession. Interest shall be calculated

10  at the current rate earned on Professional Regulation Trust

11  Fund investments. Interest earned shall be allocated to the

12  various funds in accordance with the allocation of investment

13  earnings during the period of the advance.

14         Section 8.  Section 455.32, Florida Statutes, is

15  created to read:

16         455.32  Management Privatization Act.--

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

18  Privatization Act."

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

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

21  business entity with which the department contracts pursuant

22  to subsection (3).

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

24  the department pursuant to s. 455.203.

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

26  Professional Regulation.

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

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

29  corporation or other business entity to perform support

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

31  compliance with this section and other applicable laws and

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  must be approved by the board before the department enters

  2  into the contract. The department shall retain responsibility

  3  for any duties it currently exercises relating to its police

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

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

  6  minimum, that:

  7         (a)  The corporation provide administrative,

  8  investigative, examination, licensing, and prosecutorial

  9  support services in accordance with the provisions of this

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

11  approval of the department, the corporation may subcontract

12  for any of these services.

13         (b)  The corporation utilize computer technology

14  compatible with the department to ensure compatibility and

15  availability to the public of information provided for other

16  professions by the department.

17         (c)  The corporation submit an annual budget for

18  approval by the board and the department.

19         (d)  The corporation keep financial and statistical

20  information as necessary to completely disclose the financial

21  condition and operation of the corporation and as requested by

22  the Office of Program Policy Analysis and Government

23  Accountability, the Auditor General, and the department.

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

25  determines noncompliance, the contract provide for methods and

26  mechanisms to resolve the situation.

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

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

29  describing all of the activities of the corporation for the

30  previous fiscal year. The report shall include:

31

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  financial reports and performance audits.

  3         2.  The number of license applications received, the

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

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

  6         3.  The number of examinations administered and the

  7  number of applicants who passed or failed the examination.

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

  9  complaints determined to be legally sufficient, the number of

10  complaints dismissed, and the number of complaints determined

11  to have probable cause.

12         5.  The number of administrative complaints issued and

13  the status of the complaints.

14         6.  The number and nature of disciplinary actions taken

15  by the board.

16         7.  All revenue received and all expenses incurred by

17  the corporation over the previous 12 months in its performance

18  of the duties under the contract.

19         8.  The status of the compliance of the corporation

20  with all performance-based program measures adopted by the

21  board.

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

23  corporation, which is deemed to be a corporation primarily

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

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

26         (5)  The corporation shall be funded through

27  appropriations allocated to the regulation of the relevant

28  profession from the Professional Regulation Trust Fund.

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

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

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

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  board ceases to exist.

  3         (7)  The executive director shall supervise the

  4  activities of the corporation to ensure compliance with the

  5  contract and provisions of this section and the practice act

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

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

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

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

10  corporation.

11         (8)  The corporation may not exercise any authority

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

13  practice act of the relevant profession, including determining

14  legal sufficiency and probable cause to pursue disciplinary

15  action against a licensee, taking final action on license

16  applications or in disciplinary cases, or adopting

17  administrative rules under chapter 120.

18         (9)  The corporation shall provide for an annual

19  financial and compliance audit of its financial accounts and

20  records by an independent certified public accountant in

21  accordance with generally accepted auditing standards. The

22  annual audit report shall include a detailed supplemental

23  schedule of expenditures for each expenditure category and a

24  management letter. The annual audit report must be submitted

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

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

27  authority or at the direction of the Legislative Auditing

28  Committee, conduct an audit of the corporation.

29         (10)  The board and the department shall annually

30  certify that the corporation is complying with the terms of

31

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  the contract in a manner consistent with the goals and

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

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

  4  of the corporation to enter into contracts and perform all

  5  other acts incidental to those contracts that are necessary

  6  for the administration of its affairs and for the attainment

  7  of its purposes.

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

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

10  necessary to perform the duties provided by the contract and

11  this section.

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

13  shall contract with a corporation in accordance with

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

15  and interior designers.

16         (14)  The department shall retain the independent

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

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

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

20  sole authority to issue emergency suspension or restriction

21  orders pursuant to s. 120.60 and to prosecute unlicensed

22  activity cases pursuant to ss. 455.228 and 455.2281.

23         (15)  Corporation records are public records subject to

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

25  State Constitution; however, public records exemptions set

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

27  maintained by the department shall apply to records created or

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

29  455.225, relating to complaints and information obtained

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

31  such records created or obtained by the corporation only until

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  subsection, an investigation is considered active so long as

  3  the corporation or any law enforcement or administrative

  4  agency is proceeding with reasonable dispatch and has a

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

  6  of administrative, civil, or criminal proceedings. An

  7  investigation ceases to be active when the case is dismissed

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

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

10  board makes a determination regarding probable cause. All

11  information, records, and transcriptions regarding a complaint

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

13  claim within the jurisdiction of the board become available to

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

15  information that is otherwise confidential or exempt from s.

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

17  licensure status of an individual, the corporation shall

18  disclose the existence of an active investigation if the

19  nature of the violation under investigation involves the

20  potential for substantial physical or financial harm. The

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

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

23  approve and supervise the contract.

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

25  unconstitutional or is held to violate the state or federal

26  antitrust laws, the following shall occur:

27         (a)  The corporation shall cease and desist from

28  exercising any powers and duties enumerated in this section.

29         (b)  The department shall resume the performance of

30  such activities. The department shall regain and receive,

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  hold, invest, and administer property and make expenditures

  2  for the benefit of the board.

  3         (c)  The Executive Office of the Governor,

  4  notwithstanding chapter 216, is authorized to reestablish

  5  positions, budget authority, and salary rate necessary to

  6  carry out the department's responsibilities related to the

  7  board.

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

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

10  the purpose of determining its continued existence.

11         Section 9.  Subsection (8) is added to section 468.382,

12  Florida Statutes, to read:

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

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

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

16  highest bidder.

17         Section 10.  Subsections (4), (6), and (7) of section

18  468.385, Florida Statutes, are amended to read:

19         468.385  Licenses required; qualifications;

20  examination; bond.--

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

22  shall pass a written examination approved by the board

23  prepared and administered by the department which tests his or

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

25  provisions of the Uniform Commercial Code that are relevant to

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

27  provisions of this act.

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

29  unless he or she:

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

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

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  instruction, that meets standards adopted by the board;

  3         (b)  Has passed the required an examination conducted

  4  by the department; and

  5         (c)  Is approved by the board.

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

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

  8  active license or an apprentice who has an active apprentice

  9  auctioneer license and who has received prior written sponsor

10  consent.

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

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

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

14  act.  Each application for licensure shall include the names

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

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

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

18  board within 30 days of any change in this required

19  information.

20         Section 11.  Section 468.3855, Florida Statutes, is

21  created to read:

22         468.3855  Apprenticeship training requirements.--

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

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

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

26  consecutive years preceding the date on which that auctioneer

27  is named as sponsor of the apprentice.

28         (2)  Any auctioneer who undertakes the sponsorship of

29  an apprentice shall ensure that the apprentice receives

30  training as required by board rule.

31

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (3)  An apprentice must actively participate in auction

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

  3  for which participation credit is claimed must be made as

  4  required by board rule.

  5         (4)  Apprentices are prohibited from conducting any

  6  auction without the prior express written consent of the

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

  8  auction site at any time the apprentice is actively

  9  participating in the conduct of the auction. If the

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

11  sponsor may appoint a qualified auctioneer who meets the

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

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

14  sponsor for each substitution.

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

16  required by board rule.

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

18  conduct an auction or act as principal auctioneer unless the

19  sponsor has determined that the apprentice has received

20  adequate training to do so.

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

22  omissions of the apprentice which constitute a violation of

23  law in relation to the conduct of an auction.

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

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

26  fails to complete the licensure process within that time shall

27  be required to make application as a new applicant.

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

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

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

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

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  received or any period of apprenticeship served under the

  2  previous sponsor.

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

  4  apprenticeship served shall not be allowed unless it occurred

  5  under the supervision of the sponsor under whose supervision

  6  the apprentice is licensed.

  7         Section 12.  Section 468.388, Florida Statutes, is

  8  amended to read:

  9         468.388  Conduct of an auction.--

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

11  auctioneer or auction business shall execute a written

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

13  property to be offered for sale, stating:

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

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

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

17  and

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

19  or auction business will receive the property for sale and

20  remit the sales proceeds to the owner.

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

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

23  years after the date of the auction.

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

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

26  or similar place where the public regularly offers property

27  for sale;

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

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

30  business involving terms or conditions pertaining to the

31  property being offered for sale; and

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

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

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

  4  be executed after the sale.

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

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

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

  8  inspection by the board at reasonable times.

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

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

11  active apprentice auctioneer license and who has received

12  prior written sponsor consent. Each auction must be conducted

13  under the auspices of a licensed auction business. Any

14  auctioneer or apprentice auctioneer conducting an auction, and

15  any auction business under whose auspices such auction is

16  held, shall be responsible for determining that any

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

18  associated in conducting such auction has an active Florida

19  auctioneer, apprentice, or auction business license.

20         (5)  The principal auctioneer shall prominently display

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

22  the auction business, and any other licensed auctioneers or

23  apprentices who are actively participating in the auction. If

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

25  at the beginning of the auction or a prominent written

26  announcement that these licenses are available for inspection

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

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

29  it otherwise available for inspection, at each auction in

30  which he or she participates.

31

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

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

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

  4  written notice of this information must be conspicuously

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

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

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

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

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

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

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

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

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

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

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

16  is specifically permitted by law.

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

18  conducted is responsible for all other aspects of the auction

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

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

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

22  such delegation will not impede the principal auctioneer's

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

24  responsibility for the auction. The auction business under

25  whose auspices the auction is conducted is responsible for

26  ensuring compliance as required by board rule.

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

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

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

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

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  in the escrow account for administrative purposes.

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

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

  5  another person deposited and disbursed by the auction business

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

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

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

  9  available for inspection by the department or at the request

10  of the board.

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

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

13  were received unless the parties have agreed otherwise by

14  written agreement executed prior to the auction.

15         (d)  Unless otherwise provided by written agreement

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

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

18  advertising, must be expended for the purposes advanced or

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

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

21  account in an insured bank or savings and loan association

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

23  advanced payment of a flat fee.

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

25  business shall include the name and Florida license number of

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

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

28  other promotional novelty items.

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

30  business may disseminate or cause to be disseminated any

31  advertisement or advertising which is false, deceptive,

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  misleading, or untruthful. Any advertisement or advertising

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

  3  untruthful if it:

  4         1.  Contains misrepresentations of facts.

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

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

  7  partial disclosure of relevant facts.

  8         3.  Creates false or unjustified expectations of the

  9  services to be performed.

10         4.  Contains any representation or claim which the

11  advertising licensee fails to perform.

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

13  principal auctioneer and the auction business.

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

15  sponsor if an apprentice is acting as the principal

16  auctioneer.

17         7.  Advertises an auction as absolute without

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

19  minimum bids.

20         8.  Fails to include the percentage amount of any

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

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

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

24  form of paid advertising.

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

26  content of all advertising disseminated in preparation for an

27  auction.

28         Section 13.  Paragraph (c) of subsection (1) of section

29  468.389, Florida Statutes, is amended to read:

30         468.389  Prohibited acts; penalties.--

31

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

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

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

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

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

  6  auctioneer or auction business through an auction.

  7         Section 14.  For the purpose of incorporating the

  8  amendment to section 468.389, Florida Statutes, in references

  9  thereto, paragraph (b) of subsection (3) of section 468.385

10  and section 468.391, Florida Statutes, are reenacted to read:

11         468.385  Licenses required; qualifications;

12  examination; bond.--

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

14  apprentice if he or she:

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

16  any other jurisdiction which would constitute a basis for

17  disciplinary action under s. 468.389.

18         468.391  Penalty.--Any auctioneer, apprentice, or

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

20  case of corporate ownership, any substantial stockholder of

21  the corporation owning the auction business, who operates

22  without an active license or violates any provision of the

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

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

25  775.083.

26         Section 15.  Subsection (2) of section 468.392, Florida

27  Statutes, is amended to read:

28         468.392  Auctioneer Recovery Fund.--There is created

29  the Auctioneer Recovery Fund as a separate account in the

30  Professional Regulation Trust Fund.  The fund shall be

31  administered by the Florida Board of Auctioneers.

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (2)  All payments and disbursements from the Auctioneer

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

  3  signed by the Secretary of Business and Professional

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

  5  the Auctioneer Recovery Fund shall not be subject to any

  6  limitation imposed by an appropriation act of the Legislature.

  7         Section 16.  Section 468.395, Florida Statutes, is

  8  amended to read:

  9         468.395  Conditions of recovery; eligibility.--

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

11  obtained as follows:

12         (a)  Any aggrieved person is eligible to receive

13  recovery from the Auctioneer Recovery Fund if the Florida

14  Board of Auctioneers has issued a final order directing an

15  offending licensee to pay restitution to the claimant as the

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

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

18  if the board determined that the order of restitution cannot

19  be enforced; or

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

21  judgment in any court against any licensee to recover damages

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

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

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

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

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

27  aggrieved person may, upon termination of all proceedings,

28  including appeals and proceedings supplemental to judgment for

29  collection purposes, file a verified application to the board

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

31  directing payment out of the Auctioneer Recovery Fund of the

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  amount of actual and direct loss in the transaction that

  2  remains unpaid upon the judgment. Notwithstanding subsection

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

  4  judgment was entered within 6 months of termination of all

  5  proceedings, including appeals and proceedings supplemental to

  6  judgment for collection purposes, shall be considered timely

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

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

  9  damages awarded.

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

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

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

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

14  licensee. For purposes of this subsection, auctions conducted

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

16  considered a single transaction or auction even though

17  conducted at more than one time or place.

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

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

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

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

22  otherwise valid.

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

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

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

26  act is discovered or should have been discovered with the

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

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

29  act giving rise to the claim.

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

31  payment of a claim from the Auctioneer Recovery Fund unless

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  the claimant has reasonably established to for the board court

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

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

  4  licensed auctioneer responsible for the loss and that any

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

  6  claim on the Auctioneer Recovery Fund.

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

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

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

10  payable submitted for payment to or payment from the

11  Auctioneer Recovery Fund until after October 1, 1995.

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

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

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

15  against any licensee with respect to the loss.

16         Section 17.  Section 468.397, Florida Statutes, is

17  amended to read:

18         468.397  Payment of claim.--Upon a final order of the

19  court directing that payment be made out of the Auctioneer

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

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

22  Fund as provided in s. 468.395.

23         Section 18.  Section 468.433, Florida Statutes, is

24  amended to read:

25         468.433  Licensure by examination.--

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

27  association manager shall apply to the department to take the

28  licensure examination.  Each applicant must file a complete

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

30  enforcement officer, which set of fingerprints shall be

31  submitted to the Department of Law Enforcement for state

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  processing and to the Federal Bureau of Investigation for

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

  3  the applicant.

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

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

  6  prelicensure education requirements, and who the department

  7  certifies is of good moral character.

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

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

10  for the laws of this state and nation.

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

12  only if:

13         1.  There is a substantial connection between the lack

14  of good moral character of the applicant and the professional

15  responsibilities of a community association manager; and

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

17  character is supported by clear and convincing evidence.

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

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

20  department shall furnish the applicant a statement containing

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

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

23  applicant to a rehearing and appeal.

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

25  amount of prelicensure education, which shall consist of not

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

27  department-approved provider and which shall cover all areas

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

29  instruction shall be completed within 12 months prior to the

30  date of the examination. Prelicensure education providers

31  shall be considered continuing education providers for

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  purposes of establishing provider approval fees. A licensee

  2  shall not be required to comply with the continuing education

  3  requirements of s. 468.4337 prior to the first license

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

  5  exceptions to the requirement of in-person instruction in

  6  cases of hardship or disability.

  7         (3)(2)  The council shall approve an examination for

  8  licensure.  The examination must demonstrate that the

  9  applicant has a fundamental knowledge of state and federal

10  laws relating to the operation of all types of community

11  associations and state laws relating to corporations and

12  nonprofit corporations, proper preparation of community

13  association budgets, proper procedures for noticing and

14  conducting community association meetings, insurance matters

15  relating to community associations, and management skills.

16         (4)(3)  The department shall issue a license to

17  practice in this state as a community association manager to

18  any applicant who successfully completes the examination in

19  accordance with this section and pays the appropriate fee.

20         Section 19.  Paragraph (h) of subsection (3) of section

21  468.525, Florida Statutes, is repealed.

22         Section 20.  Subsection (2) of section 468.526, Florida

23  Statutes, is amended to read:

24         468.526  License required; fees.--

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

26  leasing companies that are corporations which are majority

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

28  licensed as an employee leasing company group.  An employee

29  leasing company group may satisfy the reporting and financial

30  requirements of this licensing law on a consolidated basis.

31  As a condition of licensure as an employee leasing company

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  guarantee payment of all financial obligations of each other

  3  member.

  4         Section 21.  Section 468.531, Florida Statutes, is

  5  amended to read:

  6         468.531  Prohibitions; penalties.--

  7         (1)  No person or entity shall:

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

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

10  controlling person unless such person or entity is licensed

11  pursuant to this part;

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

13  leasing company or employee leasing company group unless all

14  controlling persons thereof are licensed pursuant to this

15  part;

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

17  company," "employee leasing company," "employee leasing

18  company group," "professional employer," "professional

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

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

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

22  entity has not registered pursuant to this part;

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

24  own the license of another;

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

26  board or a member thereof; or

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

28  suspended or revoked.

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

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

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

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         Section 22.  Subsection (3) of section 470.005, Florida

  2  Statutes, is amended to read:

  3         470.005  Rulemaking authority of board and

  4  department.--

  5         (3)  The board shall adopt rules which establish

  6  requirements for inspection of direct disposal establishments,

  7  funeral establishments, and cinerator facilities and the

  8  records directly relating to the regulated activities of the

  9  licensee to ensure compliance with the provisions of this

10  chapter and rules adopted hereunder.  Such rules shall

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

12  compliance with federal and state laws relating to the

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

14  hazardous waste.

15         Section 23.  Section 470.015, Florida Statutes, is

16  amended to read:

17         470.015  Renewal of funeral director and embalmer

18  licenses.--

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

20  embalmer license upon receipt of the renewal application and

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

22  prescribe by rule continuing education requirements of up to

23  12 classroom hours and may by rule establish criteria for

24  accepting alternative nonclassroom continuing education on an

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

26  communicable diseases that includes the course on human

27  immunodeficiency virus and acquired immune deficiency syndrome

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

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

30  continuing education requirements in circumstances that would

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

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  The continuing education requirement is not required after

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

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

  4  of an establishment or facility.

  5         (2)  The department shall adopt rules establishing a

  6  procedure for the biennial renewal of licenses.

  7         (3)  The board shall adopt rules to establish

  8  requirements for the advertising of continuing education

  9  courses.

10         Section 24.  Subsection (1) of section 470.016, Florida

11  Statutes, is amended to read:

12         470.016  Inactive status.--

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

14  become inactive may be reactivated under s. 470.015 upon

15  application to the department. The board shall prescribe by

16  rule continuing education requirements as a condition of

17  reactivating a license. The continuing education requirements

18  for reactivating a license may not exceed 12 classroom hours

19  and may by rule establish criteria for accepting alternative

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

21  in addition to a board-approved course on communicable

22  diseases, for each year the license was inactive.

23         Section 25.  Subsection (2) of section 470.017, Florida

24  Statutes, is amended, and subsection (5) is added to said

25  section, to read:

26         470.017  Registration as a direct disposer.--

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

28  direct disposer shall file an application with the department

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

30  register each applicant who has remitted a registration fee

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

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  the application form and remitted a nonrefundable application

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

  3  the following requirements:

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

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

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

  7  never entered a plea of nolo contendere, regardless of

  8  adjudication, for a crime which directly relates to the

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

10  practice of direct disposition.

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

12  course in Florida mortuary law.

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

14  communicable diseases.

15         (f)  Has passed an examination prepared by the

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

17  relating to the disposition of dead human bodies.

18         (5)  After June 30, 2000, no person shall be registered

19  pursuant to this section. However, any person who holds a

20  valid registration under this section on June 30, 2000, may

21  continue to renew such registration pursuant to s. 470.018 so

22  long as the registration remains current and the registrant

23  remains in good standing.

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

25  Statutes, is amended to read:

26         470.018  Renewal of registration of direct disposer.--

27         (2)  The department shall adopt rules establishing a

28  procedure for the biennial renewal of registrations.  The

29  board shall prescribe by rule continuing education

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

31  establish criteria for accepting alternative nonclassroom

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  a board-approved course on communicable diseases that includes

  3  the course on human immunodeficiency virus and acquired immune

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

  5  of a registration.

  6         Section 27.  Subsection (10) is added to section

  7  470.021, Florida Statutes, to read:

  8         470.021  Direct disposal establishment; standards and

  9  location; registration.--

10         (10)  A direct disposal establishment may not be

11  operated at the same location as any other direct disposal

12  establishment or funeral establishment unless such

13  establishments were licensed as colocated establishments on

14  July 1, 2000.

15         Section 28.  Section 470.028, Florida Statutes, is

16  amended to read:

17         470.028  Preneed sales; registration of agents.--

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

19  direct disposition contracts shall be made pursuant to chapter

20  497.

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

22  director, funeral establishment, direct disposer, or direct

23  disposal disposer establishment with respect to the sale of

24  preneed contracts unless such person is registered pursuant to

25  chapter 497.

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

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

28  chapter applicable to such licensee or registrant as

29  established by board rule.

30         Section 29.  Subsection (2) of section 470.0301,

31  Florida Statutes, is amended to read:

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         470.0301  Removal services; refrigeration facilities;

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

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

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

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

  6  the registration of removal services, refrigeration

  7  facilities, and centralized embalming facilities operated

  8  independently of funeral establishments, direct disposal

  9  establishments, and cinerator facilities.

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

11  ensure that all funeral establishments have access to

12  embalming facilities that comply with all applicable health

13  and safety requirements, the board shall adopt rules to

14  provide for the registration and operation of centralized

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

16  following:

17         (a)  All centralized embalming facilities shall contain

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

19  preparation room located in a funeral establishment is

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

21  comply with any of the other requirements for funeral

22  establishments, as set forth in s. 470.024.

23         (b)  Each licensed centralized embalming facility shall

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

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

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

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

28  establishment licensed under this chapter.

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

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

31

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  provided that such facility is operated in accordance with the

  2  rules established by the board.

  3         (d)  A centralized embalming facility may only provide

  4  services to funeral establishments.

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

  6  embalming facility shall only be practiced by an embalmer

  7  licensed under this chapter and shall be provided only to

  8  licensed funeral establishments.

  9         (f)  Application for registration of a centralized

10  embalming facility shall be made on forms furnished by the

11  department and shall be accompanied by a nonrefundable fee not

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

13  renewed biennially pursuant to procedures and upon payment of

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

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

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

17  renewal date shall expire without further action by the

18  department.

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

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

21  registration and upon renewal of such registration.

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

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

24  embalming facilities maintain a system of identification of

25  human remains received for embalming.

26         Section 30.  Subsections (2) and (3) of section

27  471.003, Florida Statutes, are amended to read:

28         471.003  Qualifications for practice, exemptions.--

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

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

31  registered engineer:

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (a)  Any person practicing engineering for the

  2  improvement of, or otherwise affecting, property legally owned

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

  4  or the public health, safety, or welfare or the safety or

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

  6  authorizing the practice of engineering through an agent or

  7  employee who is not duly registered under the provisions of

  8  this chapter ss. 471.001-471.037.

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

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

11  this state when working on any project the total estimated

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

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

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

15  are the subordinates of a person in responsible charge

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

17  extent that the supervision meets standards adopted by rule of

18  the board.

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

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

21  of engineering for such corporation is limited to the design

22  or fabrication of manufactured products and servicing of such

23  products.

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

25  other entity subject to regulation by the Florida Public

26  Service Commission, Federal Energy Regulatory Commission, or

27  Federal Communications Commission.

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

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

30  registered under this chapter ss. 471.001-471.037.

31

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  designed by a professional engineer or in the supervision of

  3  the construction of work as a foreman or superintendent.

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

  5  contracts for, professional engineering services incidental to

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

  7  such engineering services to a registered professional

  8  engineer qualified within her or his firm or contracts for

  9  such professional engineering services to be performed by

10  others who are registered professional engineers under the

11  provisions of this chapter ss. 471.001-471.037.

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

13  mechanical contractor whose practice includes the design and

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

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

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

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

18  working on any construction project which:

19         1.  Requires an electrical or plumbing or

20  air-conditioning and refrigeration system with a value of

21  $50,000 or less; and

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

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

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

25  industrial electrical system;

26         b.  Requires a plumbing system with fewer than 250

27  fixture units; or

28         c.  Requires a heating, ventilation, and

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

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

31  fewer persons.

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (i)  Any general contractor, certified or registered

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

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

  4  the engineering services offered or rendered in connection

  5  with the contract are offered and rendered by an engineer

  6  licensed or registered in accordance with this chapter.

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

  8  471.001-471.037 or of any other law, no registered engineer

  9  whose principal practice is civil or structural engineering,

10  or employee or subordinate under the responsible supervision

11  or control of the engineer, is precluded from performing

12  architectural services which are purely incidental to her or

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

14  employee or subordinate under the responsible supervision or

15  control of the architect, precluded from performing

16  engineering services which are purely incidental to her or his

17  architectural practice.  However, no engineer shall practice

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

19  derived therefrom, and no architect shall practice engineering

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

21  therefrom.

22         Section 31.  Section 471.0035, Florida Statutes, is

23  amended to read:

24         471.0035  Instructors in postsecondary educational

25  institutions; exemption from registration requirement.--For

26  the sole purpose of teaching the principles and methods of

27  engineering design, notwithstanding the provisions of s.

28  471.005(6), a person employed by a public postsecondary

29  educational institution, or by an independent postsecondary

30  educational institution licensed or exempt from licensure

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

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  register under the provisions of this chapter ss.

  2  471.001-471.037 as a registered engineer.

  3         Section 32.  Section 471.005, Florida Statutes, is

  4  amended to read:

  5         471.005  Definitions.--As used in this chapter ss.

  6  471.001-471.037, the term:

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

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

  9  practice engineering issued by the department to a corporation

10  or partnership.

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

12  Professional Regulation.

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

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

15  registered to engage in the practice of engineering under this

16  chapter ss. 471.001-471.037.

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

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

19  approved by the board and has passed the fundamentals of

20  engineering examination as provided by rules adopted by the

21  board.

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

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

24  adequate performance of which requires engineering education,

25  training, and experience in the application of special

26  knowledge of the mathematical, physical, and engineering

27  sciences to such services or creative work as consultation,

28  investigation, evaluation, planning, and design of engineering

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

30  teaching of the principles and methods of engineering design,

31  engineering surveys, and the inspection of construction for

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  the purpose of determining in general if the work is

  2  proceeding in compliance with drawings and specifications, any

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

  4  private, in connection with any utilities, structures,

  5  buildings, machines, equipment, processes, work systems,

  6  projects, and industrial or consumer products or equipment of

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

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

  9  property; and includes such other professional services as may

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

11  engineering services.  A person who practices any branch of

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

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

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

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

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

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

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

19  designated by the practitioner which is recognized as

20  engineering shall be construed to practice or offer to

21  practice engineering within the meaning and intent of this

22  chapter ss. 471.001-471.037.

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

24  certification of businesses to practice engineering in this

25  state.

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

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

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

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

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

31  "Professional Engineer, Retired."

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         Section 33.  Subsection (1) of section 471.011, Florida

  2  Statutes, is amended to read:

  3         471.011  Fees.--

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

  5  for applications, examination, reexamination, licensing and

  6  renewal, inactive status application and reactivation of

  7  inactive licenses, and recordmaking and recordkeeping. The

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

  9  shall establish fees that are adequate to ensure the continued

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

11  estimates of the revenue required to implement this chapter

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

13  the regulation of engineers.

14         Section 34.  Subsection (4) and paragraph (a) of

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

16  amended to read:

17         471.015  Licensure.--

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

19  endorsement to any applicant who is under investigation in

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

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

22  until such time as the investigation is complete and

23  disciplinary proceedings have been terminated.

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

25  seeks licensure by endorsement has passed an examination

26  substantially equivalent to part I of the engineering

27  examination when such applicant:

28         1.  Has held a valid professional engineer's

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

30  years of continuous professional-level engineering experience;

31

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         2.  Has received a doctorate degree in engineering from

  2  an institution that has an undergraduate a nationally

  3  accredited engineering degree program which is accredited by

  4  the Accreditation Board for Engineering Technology; or

  5         3.  Has received a doctorate degree in engineering and

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

  7  baccalaureate level or higher, after receiving that degree.

  8         Section 35.  Subsections (2) and (3) of section

  9  471.017, Florida Statutes, are amended to read:

10         471.017  Renewal of license.--

11         (2)  The board department shall adopt rules

12  establishing a procedure for the biennial renewal of licenses.

13         (3)  The board shall review continuing education

14  requirements in other engineering licensure jurisdictions

15  having such a requirement and report to the secretary of the

16  department, the President of the Senate, and the Speaker of

17  the House of Representatives no later than January 1, 2001,

18  the number of jurisdictions that require continuing education

19  as a requirement of renewal of licensure, the number of hours

20  of continuing education required, the cost to the registrant

21  in fees and lost wages, and any penalties for failure to meet

22  continuing education requirements. In addition, the report

23  shall include the approximate number of regulating staff hours

24  required to implement the requirement in each state, the

25  estimated cost to each registrant, and the impact of the

26  requirement on registrant compliance with engineering law and

27  rules. In addition, the board shall conduct a survey of a

28  statistically valid number of registrants in jurisdictions

29  having a continuing education requirement to determine

30  registrant opinion as to the availability and cost of the

31  continuing education and the relevance of the continuing

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  education requirement to the improvement of their engineering

  2  practice. The board shall also evaluate the level of

  3  protection of the health, welfare, and safety of the public to

  4  see if there is any demonstrable correlation between the

  5  imposition of continuing education requirements and

  6  improvements to the level of protection of the public.

  7  Commencing with licensure renewal in 2002, each licensee

  8  actively participating in the design of engineering works or

  9  systems in connection with buildings, structures, and

10  facilities covered by the Florida Building Code shall submit

11  proof to the board that the licensee participates in

12  continuing education courses relating to the core curriculum

13  courses or the building code training program or evidence of

14  passing an equivalency test on the core curriculum courses or

15  specialized or advanced courses on any portion of the Florida

16  Building Code applicable to the area of practice.

17         Section 36.  Section 471.019, Florida Statutes, is

18  amended, and section 471.0195, Florida Statutes, is created,

19  to read:

20         471.019  Reactivation; design of engineering works or

21  systems; continuing education.--

22         (1)  The board shall prescribe by rule continuing

23  education requirements for reactivating a license. The

24  continuing education requirements for reactivating a license

25  for a registered engineer may not exceed 12 classroom hours

26  for each year the license was inactive.

27         471.0195  Florida Building Code training for

28  engineers.--

29         (2)  Effective January 1, 2000, all licensees actively

30  participating in the design of engineering works or systems in

31  connection with buildings, structures, or facilities and

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  systems covered by the Florida Building Code shall take

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

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

  4  rule, that the licensee has completed the core curriculum

  5  courses and any specialized or advanced courses on any portion

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

  7  of practice or has passed the appropriate equivalency test of

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

  9  The board shall record reported continuing education courses

10  on a system easily accessed by code enforcement jurisdictions

11  for evaluation when determining license status for purposes of

12  processing design documents. Local jurisdictions shall be

13  responsible for notifying the board when design documents are

14  submitted for building construction permits by persons who are

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

16  appropriate action as provided by its rules when such

17  noncompliance is determined to exist.

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

19  Statutes, is amended to read:

20         471.023  Certification of partnerships and

21  corporations.--

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

23  engineering by registrants through a corporation or

24  partnership offering engineering services to the public or by

25  a corporation or partnership offering said services to the

26  public through registrants under this chapter ss.

27  471.001-471.037 as agents, employees, officers, or partners is

28  permitted only if the firm possesses a certification issued by

29  the department pursuant to qualification by the board, subject

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

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

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  more partners of the partnership and all personnel of the

  2  corporation or partnership who act in its behalf as engineers

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

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

  5  plans, reports, or documents involving practices registered

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

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

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

  9  the signature and seal of the registrant who prepared or

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

11  mean that a certificate of registration to practice

12  engineering shall be held by a corporation.  Nothing herein

13  prohibits corporations and partnerships from joining together

14  to offer engineering services to the public, provided each

15  corporation or partnership otherwise meets the requirements of

16  this section. No corporation or partnership shall be relieved

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

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

19  section, nor shall any individual practicing engineering be

20  relieved of responsibility for professional services performed

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

22  corporation or partnership.

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

24  Statutes, is amended to read:

25         471.025  Seals.--

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

27  to be used by registrants holding valid certificates of

28  registration.  Each registrant shall obtain an impression-type

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

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

31  282.70-282.75.  All final drawings, specifications, plans,

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  being filed for public record and all final bid documents

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

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

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

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

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

  8  documents prepared or issued by a registrant may be

  9  transmitted electronically and may be signed by the

10  registrant, dated, and stamped electronically with said seal

11  in accordance with ss. 282.70-282.75.

12         Section 39.  Section 471.031, Florida Statutes, is

13  amended to read:

14         471.031  Prohibitions; penalties.--

15         (1)  A person may not knowingly:

16         (a)  Practice engineering unless the person is

17  registered under this chapter ss. 471.001-471.037;

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

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

20  device tending to indicate that such person holds an active

21  registration as an engineer when the person is not registered

22  under this chapter ss. 471.001-471.037;

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

24  another;

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

26  member thereof;

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

28  suspended, revoked, or placed on inactive or delinquent

29  status;

30         (f)  Employ unlicensed persons to practice engineering;

31  or

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (g)  Conceal information relative to violations of this

  2  chapter ss. 471.001-471.037.

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

  4  section commits is guilty of a misdemeanor of the first

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

  6         Section 40.  Section 471.037, Florida Statutes, is

  7  amended to read:

  8         471.037  Effect of chapter ss. 471.001-471.037

  9  locally.--

10         (1)  Nothing contained in this chapter ss.

11  471.001-471.037 shall be construed to repeal, amend, limit, or

12  otherwise affect any local building code or zoning law or

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

14  with respect to the services of registered engineers than the

15  provisions of this chapter ss. 471.001-471.037.

16         (2)  In counties or municipalities that issue building

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

18  it is apparent from the application for the building permit

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

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

21  withholding of building permits in cases involving the

22  exceptions and exemptions set out in s. 471.003.

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

24  Florida Statutes, is amended to read:

25         474.202  Definitions.--As used in this chapter:

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

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

28  medicine in Florida under the authority of this chapter.

29         Section 42.  Section 474.203, Florida Statutes, is

30  amended to read:

31         474.203  Exemptions.--This chapter shall not apply to:

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (1)  Any faculty member practicing only in conjunction

  2  with teaching duties at a school or college of veterinary

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

  4  state and be accredited by the American Veterinary Medical

  5  Association Council on Education. However, this exemption

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

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

  8  of a school or college of veterinary medicine accredited by

  9  the American Veterinary Medical Association Council on

10  Education or a school or college recognized by the American

11  Veterinary Medical Association Commission for Foreign

12  Veterinary Graduates. The faculty member exemption shall

13  automatically expire when such school or college terminates

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

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

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

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

18  writing of any additions or deletions to such list.

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

20  veterinarian who does not hold a valid license issued under

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

22  college of veterinary medicine located in this state and

23  accredited by the American Veterinary Medical Association

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

25  American Veterinary Medical Association Commission for Foreign

26  Veterinary Graduates. Such intern or resident must be a

27  graduate of a school or college of veterinary medicine

28  accredited by the American Veterinary Medical Association

29  Council on Education. This exemption expires when such intern

30  or resident completes or is terminated from such training.

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

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

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

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

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

  5         (3)(2)  A student in a school or college of veterinary

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

  7  his instructor or when working as a preceptor under the

  8  immediate supervision of a licensee, provided that such

  9  preceptorship is required for graduation from an accredited

10  school or college of veterinary medicine.  The licensed

11  veterinarian shall be responsible for all acts performed by a

12  preceptor under her or his supervision.

13         (4)(3)  Any doctor of veterinary medicine in the employ

14  of a state agency, a political subdivision of the state, or

15  the United States Government while actually engaged in the

16  performance of her or his official duties; however, this

17  exemption shall not apply to such person when the person is

18  not engaged in carrying out her or his official duties or is

19  not working at the installations for which her or his services

20  were engaged.

21         (5)(4)  Any person, or the person's regular employee,

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

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

24  and dehorning of herd animals, unless title has been

25  transferred or employment provided for the purpose of

26  circumventing this law. This exemption shall not apply to

27  out-of-state veterinarians practicing temporarily in the

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

29  animal for diseases which are communicable to humans and which

30  are of public health significance.

31

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (6)(5)  State agencies, accredited schools,

  2  institutions, foundations, business corporations or

  3  associations, physicians licensed to practice medicine and

  4  surgery in all its branches, graduate doctors of veterinary

  5  medicine, or persons under the direct supervision thereof,

  6  which or who conduct experiments and scientific research on

  7  animals in the development of pharmaceuticals, biologicals,

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

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

10  the study and development of methods and techniques directly

11  or indirectly applicable to the problems of the practice of

12  veterinary medicine.

13         (7)(6)  Any veterinary aide, nurse, laboratory

14  technician, preceptor, or other employee of a licensed

15  veterinarian who administers medication or who renders

16  auxiliary or supporting assistance under the responsible

17  supervision of a such licensed veterinarian practitioner,

18  including those tasks identified by rule of the board

19  requiring immediate supervision. However, the licensed

20  veterinarian shall be responsible for all such acts performed

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

22         (8)  A veterinarian, licensed by and actively

23  practicing veterinary medicine in another state, who is board

24  certified in a specialty recognized by the board and who

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

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

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

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

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

30  veterinarian who practices under this subsection is not

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

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1

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

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

  4  are deemed to be duly licensed practitioners authorized by the

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

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

  7  Statutes, is amended to read:

  8         474.211  Renewal of license.--

  9         (3)  The board may by rule prescribe continuing

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

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

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

13  board.

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

15  474.214, Florida Statutes, is amended to read:

16         474.214  Disciplinary proceedings.--

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

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

19  regardless of whether the violation occurred prior to

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

21  following penalties:

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

23  $5,000 $1,000 for each count or separate offense.

24

25  In determining appropriate action, the board must first

26  consider those sanctions necessary to protect the public.

27  Only after those sanctions have been imposed may the

28  disciplining authority consider and include in its order

29  requirements designed to rehabilitate the veterinarian.  All

30  costs associated with compliance with any order issued under

31  this subsection are the obligation of the veterinarian.

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         Section 45.  For the purpose of incorporating the

  2  amendment to section 474.214, Florida Statutes, in references

  3  thereto, the sections or subdivisions of Florida Statutes set

  4  forth below are reenacted to read:

  5         474.207  Licensure by examination.--

  6         (2)  The department shall license each applicant who

  7  the board certifies has:

  8         (a)  Completed the application form and remitted an

  9  examination fee set by the board.

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

11  accredited by the American Veterinary Medical Association

12  Council on Education; or

13         2.  Graduated from a college of veterinary medicine

14  listed in the American Veterinary Medical Association Roster

15  of Veterinary Colleges of the World and obtained a certificate

16  from the Education Commission for Foreign Veterinary

17  Graduates.

18         (c)  Successfully completed the examination provided by

19  the department for this purpose, or an examination determined

20  by the board to be equivalent.

21         (d)  Demonstrated knowledge of the laws and rules

22  governing the practice of veterinary medicine in Florida in a

23  manner designated by rules of the board.

24

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

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

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

28  constitute a violation of this chapter until the investigation

29  is complete and disciplinary proceedings have been terminated,

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

31         474.217  Licensure by endorsement.--

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  endorsement to any applicant who is under investigation in any

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

  4  would constitute a violation of this chapter until the

  5  investigation is complete and disciplinary proceedings have

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

  7  shall apply.

  8         Section 46.  Subsection (7) of section 474.215, Florida

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

10  said section, to read:

11         474.215  Premises permits; disciplinary actions.--

12         (7)  The board by rule shall establish minimum

13  standards for the operation of limited service veterinary

14  medical practices. Such rules shall not restrict limited

15  service veterinary medical practices and shall be consistent

16  with the type of limited veterinary medical service provided.

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

18  veterinary medical practice shall obtain a biennial permit

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

20  limited service permittee shall register each location where a

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

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

23         (b)  All permits issued under this subsection are

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

25         (c)  Notwithstanding any provision of this subsection

26  to the contrary, any temporary rabies vaccination effort

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

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

29  consultation with the State Veterinarian, is not subject to

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

31  must adhere to all other requirements for limited service

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  veterinary medical practice as prescribed by rule. The fee

  2  charged to the public for a rabies vaccination administered

  3  during such temporary rabies vaccination effort may not exceed

  4  the actual cost of administering the rabies vaccine. Such

  5  rabies vaccination efforts may not be used for any purpose

  6  other than to address the public health consequences of the

  7  rabies outbreak. The board shall be immediately notified in

  8  writing of any temporary rabies vaccination effort operated

  9  under this paragraph.

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

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

12  veterinary medical establishment or limited service clinic

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

14  certifies that the applicant complies with the applicable laws

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

16  permit. No permit shall be issued unless a licensed

17  veterinarian is designated to undertake the professional

18  supervision of the veterinary medical practice and the minimum

19  standards set by rule of the board for premises where

20  veterinary medicine is practiced. Upon application, the

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

22  criminal records correspondence check through the Department

23  of Law Enforcement. The permittee shall notify the board

24  within 10 days after any designation of a new licensed

25  veterinarian responsible for such duties. A permittee under

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

27  and s. 474.214.

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

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

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

31  permittee who has:

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         1.  Obtained a permit by misrepresentation or fraud or

  2  through an error of the department or board;

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

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

  5  representation;

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

  7  any rule of the board; or

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

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

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

11  the United States.

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

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

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

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

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

17  from the premises all signs and symbols identifying the

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

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

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

21  owning or operating the establishment may not apply for a

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

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

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

25  disposition of all medicinal drugs and must provide for

26  ensuring the security, confidentiality, and availability to

27  clients of all patient medical records.

28         Section 47.  Section 474.2165, Florida Statutes, is

29  amended to read:

30

31

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         474.2165  Ownership and control of veterinary medical

  2  patient records; report or copies of records to be

  3  furnished.--

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

  5  means any veterinarian who generates a medical record after

  6  making a physical examination of, or administering treatment

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

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

  9  or any veterinarian's employer, provided the employment

10  contract or agreement between the employer and the

11  veterinarian designates the employer as the records owner.

12         (2)  Each person who provides veterinary medical

13  services shall maintain medical records, as established by

14  rule.

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

16  makes an examination of, or administers treatment or dispenses

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

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

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

20  and records relating to such examination or treatment,

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

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

23  rendered.

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

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

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

27  client or the client's legal representative or other

28  veterinarians involved in the care or treatment of the

29  patient, except upon written authorization of the client.

30  However, such records may be furnished without written

31  authorization under the following circumstances:

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  procured or furnished such examination or treatment with the

  3  client's consent.

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

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

  6  court of competent jurisdiction and proper notice to the

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

  8  seeking such records.

  9         (c)  For statistical and scientific research, provided

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

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

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

13  representative.

14         (5)  Except in a medical negligence action or

15  administrative proceeding when a veterinarian is or reasonably

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

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

18  treatment of the patient is confidential and may be disclosed

19  only to other veterinarians involved in the care or treatment

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

21  the client or compelled by subpoena at a deposition,

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

23  given.

24         (6)  The department may obtain patient records pursuant

25  to a subpoena without written authorization from the client if

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

27  reasonable cause to believe that a veterinarian has

28  excessively or inappropriately prescribed any controlled

29  substance specified in chapter 893 in violation of this

30  chapter or that a veterinarian has practiced his or her

31

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

  2  required as defined by this chapter.

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

  4  records owners shall place an advertisement in the local

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

  6  terminating practice, retiring, or relocating and are no

  7  longer available to patients and shall offer clients the

  8  opportunity to obtain a copy of their medical records.

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

10  records owners shall notify the board office when they are

11  terminating practice, retiring, or relocating and are no

12  longer available to patients, specifying who the new records

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

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

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

16  responsible for providing a copy of the complete medical

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

18  legal representative.

19         (10)  Veterinarians in violation of the provisions of

20  this section shall be disciplined by the board.

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

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

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

24  the amount specified in administrative rule by the board.

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

26  limit veterinarian consultations, as necessary.

27         Section 48.  Notwithstanding the transfer of the

28  Division of Medical Quality Assurance to the Department of

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

30  veterinarians licensed under chapter 474, Florida Statutes,

31  shall be governed by the treatment of impaired practitioner

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  provisions of s. 455.707, Florida Statutes, as if they were

  2  under the jurisdiction of the Division of Medical Quality

  3  Assurance, except that for veterinarians the Department of

  4  Business and Professional Regulation shall, at its option,

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

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

  7  chapter 474, Florida Statutes.

  8         Section 49.  Section 475.045, Florida Statutes, is

  9  amended to read:

10         475.045  Florida Real Estate Commission Education and

11  Research Foundation; Foundation Advisory Committee.--

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

13  Commission Education and Research Foundation, hereinafter

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

15  by the commission Foundation Advisory Committee.

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

17  foundation are as follows:

18         1.  To create and promote educational projects to

19  expand the knowledge of the public and real estate licensees

20  in matters pertaining to Florida real estate.

21         2.  To augment the existing real estate programs by

22  increasing the number of teaching personnel and real estate

23  courses in the state in degree-granting programs in

24  universities and colleges in this state.

25         3.  To conduct studies in all areas that relate

26  directly or indirectly to real estate or urban or rural

27  economics and to publish and disseminate the findings and

28  results of the studies.

29         4.  To assist the teaching program in real estate

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

31

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  registered pursuant to this chapter in the state, when

  2  requested to do so.

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

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

  5  universities, colleges, and real estate schools registered

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

  7  so.

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

  9  statutes and municipal ordinances; provided, however, that

10  such studies are requested by the Governor or the presiding

11  officers of the Legislature.  The foundation shall maintain

12  political nonadvocacy.

13         7.  To periodically review the progress of persons

14  conducting such research and studies.  The results of any

15  research project or study shall not be published or

16  disseminated until it has been reviewed and approved in

17  writing by the commission advisory committee or its designated

18  representative.

19         8.  To prepare information of consumer interest

20  concerning Florida real estate and to make the information

21  available to the public and appropriate state agencies.

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

23  publications and may receive gifts and grants from

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

25  the foundation.

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

27  the foundation shall be published annually.

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

29  commission advisory committee shall file with the Governor,

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

31  the secretary of the department a complete and detailed

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  written report accounting for all funds received and disbursed

  2  by the foundation during the preceding year.

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

  4  Committee which is composed of nine persons appointed by the

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

  6  national origin of the appointee, with the following

  7  representation:

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

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

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

11         2.  Three members shall be representatives of the

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

13  shall possess qualifications in the fields of education,

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

15  education and research activities.  Members representative of

16  the general public shall not be licensed real estate brokers

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

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

19  broker or salesperson.

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

21  Commission shall be eligible for appointment to the Foundation

22  Advisory Committee.

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

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

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

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

27  the advisory committee shall hold office for staggered terms

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

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

30  complete their present terms unless removed for cause.

31

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






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

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

  3  the member's successor is qualified.

  4         3.  Each member of the advisory committee is entitled

  5  to per diem and travel expenses as set by legislative

  6  appropriation for each day that the member engages in the

  7  business of the advisory committee.

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

  9  committee, if:

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

11  ceases to be an active licensee; or

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

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

14  licensed real estate broker or salesperson.

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

16  among its membership.

17         (b)  The committee shall meet not less than

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

19  petition of any six of its members.

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

21  law pursuant to s. 286.011.

22         (2)(5)(a)  The commission advisory committee shall

23  solicit advice and information from real estate licensees, the

24  commission, universities, colleges, real estate schools

25  registered pursuant to this chapter and the general public for

26  the purpose of submitting proposals for carrying out the

27  purposes, objectives, and duties of the foundation.

28         (b)  The commission advisory committee shall select the

29  proposals that shall be funded and shall give priority to

30  projects with the greatest potential for direct or indirect

31  benefit to the public.

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (c)  The commission advisory committee shall select the

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

  3  faculty member of a university or college within the state

  4  with the consent of the institution to perform the education

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

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

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

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

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

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

11  selected in accordance with law to perform the education

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

13  purposes, objectives, and duties of the foundation.

14         (3)(6)(a)  The director of the Division of Real Estate

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

16  or her or his designated representative shall submit to the

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

18  a budget for expenditures of all funds provided for the

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

20  of activities for the review and approval of the commission

21  advisory committee.

22         (b)  The director shall submit to the commission

23  advisory committee all proposals received for its review and

24  approval in developing an educational and research agenda at

25  the beginning of each fiscal year and shall continuously

26  inform the commission advisory committee of changes in its

27  substance and scheduling.

28         (4)(7)  The commission advisory committee shall have

29  the power and authority to adopt all rules necessary to

30  administer this section.

31

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (5)(8)  Neither The foundation may not nor the

  2  committee shall be permitted to fund or offer educational

  3  courses designed to qualify persons for licensure or the

  4  renewal of licenses pursuant to this chapter.

  5         (6)(9)  Neither The foundation may not nor the

  6  committee shall expend any funds for the purpose of employing

  7  staff.

  8         (7)(10)  The Treasurer shall invest $3 million from the

  9  portion of the Professional Regulation Trust Fund credited to

10  the real estate profession, under the same limitations as

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

12  earned thereon shall be available to the foundation to fund

13  the activities and projects authorized under this section.

14  However, any balance of such interest in excess of $1 million

15  shall revert to the portion of the Professional Regulation

16  Trust Fund credited to the real estate profession.  In the

17  event the foundation is abolished, the funds in the trust fund

18  shall revert to such portion of the Professional Regulation

19  Trust Fund.

20         Section 50.  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

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (b)  Manipulation of the body's superficial tissue,

  2  other than that arising from compression emanating from the

  3  wrap materials.

  4         Section 51.  Paragraph (d) is added to subsection (1)

  5  of section 477.0132, Florida Statutes, to read:

  6         477.0132  Hair braiding, hair wrapping, and body

  7  wrapping registration.--

  8         (1)

  9         (d)  Only the board may review, evaluate, and approve a

10  course required of an applicant for registration under this

11  subsection in the occupation or practice of hair braiding,

12  hair wrapping, or body wrapping. A provider of such a course

13  is not required to hold a license under chapter 246.

14         Section 52.  Section 477.019, Florida Statutes, is

15  amended to read:

16         477.019  Cosmetologists; qualifications; licensure;

17  supervised practice; license renewal; endorsement; continuing

18  education.--

19         (1)  A person desiring to be licensed as a

20  cosmetologist shall apply to the department for licensure.

21         (2)  An applicant shall be eligible for licensure by

22  examination to practice cosmetology if the applicant:

23         (a)  Is at least 16 years of age or has received a high

24  school diploma.;

25         (b)  Pays the required application fee, which is not

26  refundable, and the required examination fee, which is

27  refundable if the applicant is determined to not be eligible

28  for licensure for any reason other than failure to

29  successfully complete the licensure examination.; and

30         (c)1.  Is authorized Holds an active valid license to

31  practice cosmetology in another state or country, has been so

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  authorized held the license for at least 1 year, and does not

  2  qualify for licensure by endorsement as provided for in

  3  subsection (7) (6); or

  4         2.  Has successfully completed received a minimum of

  5  1,200 actual school hours of training and instruction, the

  6  minimum curriculum requirements of which are to be as

  7  established by rules adopted by the board. The required

  8  training and instruction, which shall include, but shall not

  9  be limited to, the equivalent of completion of services

10  directly related to the practice of cosmetology. For purposes

11  of qualifying for licensure, all required training and

12  instruction must comply with the minimum curriculum

13  requirements as established by the board and must be completed

14  at or evaluated and certified to the board by at one of the

15  following, unless an applicant submits sufficient proof, as

16  determined by the board, of satisfactory completion of all

17  required training and instruction with his or her application

18  for evaluation by the board:

19         a.  A school of cosmetology licensed pursuant to

20  chapter 246.

21         b.  A cosmetology program within the public school

22  system of this state.

23         c.  The Cosmetology Division of the Florida School for

24  the Deaf and the Blind, provided the training programs comply

25  with the minimum curriculum requirements established by the

26  board division meets the standards of this chapter.

27         d.  A government-operated cosmetology program in this

28  state.

29

30

31

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  Certifications and evaluations of training and instruction by

  2  each of the schools or programs listed in this paragraph shall

  3  be done in accordance with rules adopted by the board.

  4         (d)  Has successfully completed a licensure examination

  5  as established by the board.

  6         (3)  The board shall establish by rule procedures

  7  whereby a person may be determined to be eligible for

  8  licensure by examination after a the school or program listed

  9  in paragraph (2)(c) has certified may certify that a person

10  has completed is qualified to take the required examination

11  after the completion of a minimum of 1,000 actual school

12  hours. If the person then passes the examination, he or she

13  shall have satisfied the training and instruction this

14  requirement; but if the person fails the examination, he or

15  she shall not be qualified to take the examination again until

16  the completion of the full requirements provided by this

17  section.

18         (4)(3)  Upon an applicant receiving a passing grade, as

19  established by board rule, on the examination and paying the

20  initial licensing fee, the department shall issue a license to

21  practice cosmetology.

22         (5)(4)  Following the completion of the first licensing

23  examination and pending the results of that examination and

24  issuance of a license to practice cosmetology, graduates of

25  licensed cosmetology schools or cosmetology programs offered

26  in public school systems, which schools or programs are

27  certified by the Department of Education, are eligible to

28  practice cosmetology, provided such graduates practice under

29  the supervision of a licensed cosmetologist in a licensed

30  cosmetology salon. A graduate who fails the first examination

31  may continue to practice under the supervision of a licensed

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  cosmetologist in a licensed cosmetology salon if the graduate

  2  applies for the next available examination and until the

  3  graduate receives the results of that examination. No graduate

  4  may continue to practice under this subsection if the graduate

  5  fails the examination twice.

  6         (6)(5)  Renewal of license registration shall be

  7  accomplished pursuant to rules adopted by the board.

  8         (7)(6)  The board shall adopt rules specifying

  9  procedures for the licensure by endorsement of practitioners

10  desiring to be licensed in this state who are authorized to

11  practice cosmetology hold a current active license in another

12  state or country, and who meet personal have met

13  qualifications substantially similar to, equivalent to, or

14  greater than the qualifications required of applicants for

15  licensure by examination in this state, and who can

16  demonstrate that they have successfully completed a written

17  licensure examination which is determined by the board to be

18  substantially similar to, equivalent to, or more stringent

19  than the examination required by from this state.

20         (8)(7)(a)  The board shall prescribe by rule continuing

21  education requirements intended to ensure protection of the

22  public through updated training of licensees and registered

23  specialists, not to exceed 16 hours biennially, as a condition

24  for renewal of a license or registration as a specialist under

25  this chapter. Continuing education courses shall include, but

26  not be limited to, the following subjects as they relate to

27  the practice of cosmetology:  human immunodeficiency virus and

28  acquired immune deficiency syndrome; Occupational Safety and

29  Health Administration regulations; workers' compensation

30  issues; state and federal laws and rules as they pertain to

31  cosmetologists, cosmetology, salons, specialists, specialty

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  salons, and booth renters; chemical makeup as it pertains to

  2  hair, skin, and nails; and environmental issues. Courses given

  3  at cosmetology conferences may be counted toward the number of

  4  continuing education hours required if approved by the board.

  5         (b)  Any person whose occupation or practice is

  6  confined solely to hair braiding, hair wrapping, or body

  7  wrapping is exempt from the continuing education requirements

  8  of this subsection.

  9         (c)  The board may, by rule, require any licensee in

10  violation of a continuing education requirement to take a

11  refresher course or refresher course and examination in

12  addition to any other penalty. The number of hours for the

13  refresher course may not exceed 48 hours.

14         Section 53.  Section 477.0201, Florida Statutes, is

15  amended to read:

16         477.0201  Specialty registration; qualifications;

17  registration renewal; endorsement.--

18         (1)  A Any person desiring to be registered is

19  qualified for registration as a specialist in any one or more

20  of the specialty practices within the practice of cosmetology

21  under this chapter shall apply to the department.

22         (2)  An applicant shall be eligible for registration as

23  a specialist in one or more of the specialty practices in the

24  practice of cosmetology if the applicant who:

25         (a)  Is at least 16 years of age or has received a high

26  school diploma.

27         (b)  Pays the required application fee, which is not

28  refundable.

29         (c)(b)  Has successfully completed all required

30  training and instruction for the specialty practice in which

31  registration is sought, the minimum curriculum requirements of

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  which are to be established by rules adopted by the board. The

  2  required training and instruction shall include, but shall not

  3  be limited to, the equivalent of completion of specialty

  4  services directly related to the practice of the specialty in

  5  which registration is sought. For purposes of qualifying for

  6  specialty registration, all required training and instruction

  7  must comply with the minimum curriculum requirements as

  8  established by the board and must be completed at or evaluated

  9  by one of the following, unless the applicant submits

10  satisfactory proof, as determined by the board, of successful

11  completion of all required training and instruction with his

12  or her application for evaluation by the board Has received a

13  certificate of completion in a specialty pursuant to s.

14  477.013(6) from one of the following:

15         1.  A school licensed pursuant to s. 477.023.

16         1.2.  A school of cosmetology or a school of the

17  specialty in which registration is sought, licensed pursuant

18  to chapter 246 or the equivalent licensing authority of

19  another state.

20         2.3.  A specialty program within the public school

21  system of this state.

22         3.4.  A specialty division within the Cosmetology

23  Division of the Florida School for the Deaf and the Blind,

24  provided the training programs comply with minimum curriculum

25  requirements established by the board.

26         4.  A government-operated cosmetology program in this

27  state or a government-operated program in this state in the

28  specialty in which registration is sought.

29

30

31

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  Certifications and evaluations of training and instruction by

  2  each of the schools or programs listed in this paragraph shall

  3  be done in accordance with rules adopted by the board.

  4         (2)  A person desiring to be registered as a specialist

  5  shall apply to the department in writing upon forms prepared

  6  and furnished by the department.

  7         (3)  Upon certification by the board and payment of

  8  paying the initial registration fee, the department shall

  9  register the applicant to practice in one or more of the

10  specialty practice in which registration is sought practices

11  within the practice of cosmetology.

12         (4)  Renewal of registration shall be accomplished

13  pursuant to rules adopted by the board.

14         (5)  The board shall adopt rules specifying procedures

15  for the registration by endorsement of specialty practitioners

16  desiring to be registered in this state who are authorized to

17  practice the specialty in which registration is sought in

18  another state or country and who meet personal qualifications

19  have been registered or licensed and are practicing in states

20  which have registering or licensing standards substantially

21  similar to, equivalent to, or more stringent than the

22  qualifications required for applicants for registration in

23  standards of this state.

24         (6)  Pending issuance of registration, a person is

25  eligible to practice as a specialist upon submission of a

26  registration application that includes proof of successful

27  completion of the education requirements and payment of the

28  applicable fees required by this chapter, provided such

29  practice is under the supervision of a registered specialist

30  in a licensed specialty or cosmetology salon.

31

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         Section 54.  Section 492.101, Florida Statutes, is

  2  amended to read:

  3         492.101  Purpose.--It is hereby declared to be the

  4  public policy of the state that, in order to safeguard the

  5  life, health, property, and public well-being of its citizens,

  6  any person practicing or offering to practice geology in this

  7  state shall meet the requirements of this chapter the

  8  Department of Business and Professional Regulation and shall

  9  be licensed as provided in ss. 492.101-492.1165.

10         Section 55.  Section 492.102, Florida Statutes, is

11  amended to read:

12         492.102  Definitions.--For the purposes of this chapter

13  ss. 492.101-492.1165, unless the context clearly requires

14  otherwise:

15         (1)  "Board" means the Board of Professional

16  Geologists.

17         (2)  "Department" means the Department of Business and

18  Professional Regulation.

19         (3)  "Geology" means the science which includes the

20  treatment of the earth and its origin and history, in general;

21  the investigation of the earth's crust and interior and the

22  solids and fluids, including all surface and underground

23  waters, and gases which compose the earth; the study of the

24  natural agents, forces, and processes which cause changes in

25  the earth; and the utilization of this knowledge of the earth

26  and its solids, fluids, and gases, and their collective

27  properties and processes, for the benefit of humankind.

28         (4)  "Geologist" means an individual who, by reason of

29  her or his knowledge of geology, soils, mathematics, and the

30  physical and life sciences, acquired by education and

31

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  practical experience, is capable of practicing the science of

  2  geology.

  3         (5)  "Qualified geologist" means an individual who

  4  possesses all the qualifications for licensure under the

  5  provisions of this chapter ss. 492.101-492.1165, except that

  6  such person is not licensed.

  7         (6)  "Professional geologist" means an individual who

  8  is licensed as a geologist under the provisions of this

  9  chapter ss. 492.101-492.1165.

10         (7)  "Practice of professional geology" means the

11  performance of, or offer to perform, geological services,

12  including, but not limited to, consultation, investigation,

13  evaluation, planning, and geologic mapping, but not including

14  mapping as prescribed in chapter 472, relating to geological

15  work, except as specifically exempted by this chapter ss.

16  492.101-492.1165.  Any person who practices any specialty

17  branch of the profession of geology, or who by verbal claim,

18  sign, advertisement, letterhead, card, or any other means

19  represents herself or himself to be a professional geologist,

20  or who through the use of some title implies that she or he is

21  a professional geologist or that she or he is licensed under

22  this chapter ss. 492.101-492.1165, or who holds herself or

23  himself out as able to perform or does perform any geological

24  services or work recognized as professional geology, shall be

25  construed to be engaged in the practice of professional

26  geology.

27         Section 56.  Section 492.104, Florida Statutes, is

28  amended to read:

29         492.104  Authority to make rules.--The Board of

30  Professional Geologists has authority to adopt rules pursuant

31  to ss. 120.536(1) and 120.54 to implement this chapter ss.

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  492.101-492.1165. Every licensee shall be governed and

  2  controlled by this chapter ss. 492.101-492.1165 and the rules

  3  adopted by the board.  The board is authorized to set, by

  4  rule, fees for application, examination, certificate of

  5  authorization, late renewal, initial licensure, and license

  6  renewal.  These fees should not exceed the cost of

  7  implementing the application, examination, initial licensure,

  8  and license renewal or other administrative process and shall

  9  be established as follows:.

10         (1)  The application fee shall not exceed $150 and

11  shall be nonrefundable.

12         (2)  The examination fee shall not exceed $250 and

13  shall be refundable if the applicant is found to be ineligible

14  to take the licensure examination.

15         (3)  The initial license fee shall not exceed $100.

16         (4)  The biennial renewal fee shall not exceed $150.

17         (5)  The fee for a certificate of authorization shall

18  not exceed $350 and the fee for renewal of the certificate

19  shall not exceed $350.

20         (6)  The fee for reactivation of an inactive license

21  shall not exceed $50.

22         (7)  The fee for a provisional license shall not exceed

23  $400.

24         (8)  The fee for application, examination, and

25  licensure for a license by endorsement shall be as provided in

26  this section for licenses in general.

27         Section 57.  Paragraph (c) of subsection (1) and

28  subsection (3) of section 492.105, Florida Statutes, are

29  amended to read:

30         492.105  Licensure by examination; requirements;

31  fees.--

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (1)  Any person desiring to be licensed as a

  2  professional geologist shall apply to the department to take

  3  the licensure examination. The written licensure examination

  4  shall be designed to test an applicant's qualifications to

  5  practice professional geology, and shall include such subjects

  6  as will tend to ascertain the applicant's knowledge of the

  7  theory and the practice of professional geology and may

  8  include such subjects as are taught in curricula of accredited

  9  colleges and universities. The department shall examine each

10  applicant who the board certifies:

11         (c)  Has not committed any act or offense in any

12  jurisdiction which would constitute the basis for disciplining

13  a professional geologist licensed pursuant to this chapter ss.

14  492.101-492.1165.

15         (3)  The department shall not issue a license to any

16  applicant who is under investigation in any jurisdiction for

17  an offense which would constitute a violation of this chapter

18  ss. 492.101-492.1165. Upon completion of the investigation,

19  the disciplinary provisions of s. 492.113 shall apply.

20         Section 58.  Section 492.107, Florida Statutes, is

21  amended to read:

22         492.107  Seals.--

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

24  seal, including its electronic form, to be used by persons

25  holding valid licenses. All geological papers, reports, and

26  documents prepared or issued by the licensee shall be signed

27  by the licensee, dated, and sealed by the licensee who

28  performed or is responsible for the supervision, direction, or

29  control of the work contained in the papers, reports, or

30  documents stamped with said seal. Such signature, date, and

31  seal shall be evidence of the authenticity of that to which

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  they are affixed. Geological papers, reports, and documents

  2  prepared or issued by the licensee may be transmitted

  3  electronically provided they have been signed by the licensee,

  4  dated, and electronically sealed. It is unlawful for any

  5  person to sign stamp or seal any document as a professional

  6  geologist unless that person holds a current, active license

  7  as a professional geologist which has not with a seal after

  8  that person's license has expired or been revoked or

  9  suspended, unless reinstated or reissued.

10         (2)  No licensee registrant shall affix or permit to be

11  affixed her or his the registrant's seal or name to any

12  geologic reports, papers, or other documents which depict work

13  which the licensee registrant is not licensed to perform or

14  which was not performed by or under the responsible

15  supervision, direction, or control of the licensee is beyond

16  the registrant's profession or specialty therein.

17         Section 59.  Subsection (2) of section 492.108, Florida

18  Statutes, is amended to read:

19         492.108  Licensure by endorsement; requirements;

20  fees.--

21         (2)  The department shall issue a license to practice

22  professional geology to any applicant who successfully

23  complies with the requirements of this section.  The

24  department shall not issue a license to any applicant who is

25  under investigation in any jurisdiction for an offense which

26  would constitute a violation of this chapter ss.

27  492.101-492.1165.  Upon completion of the investigation, the

28  disciplinary provisions of s. 492.113 shall apply.

29         Section 60.  Section 492.111, Florida Statutes, is

30  amended to read:

31

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         492.111  Practice of professional geology by a firm,

  2  corporation, or partnership; certificate of

  3  authorization.--The practice of, or offer to practice,

  4  professional geology by individual professional geologists

  5  licensed under the provisions of this chapter ss.

  6  492.101-492.1165 through a firm, corporation, or partnership

  7  offering geological services to the public through

  8  individually licensed professional geologists as agents,

  9  employees, officers, or partners thereof is permitted subject

10  to the provisions of this chapter ss. 492.101-492.1165,

11  provided that:

12         (1)  At all times that it offers geological services to

13  the public, the firm, corporation, or partnership has on file

14  with the department the name and license number of one or more

15  individuals who hold a current, active license as a

16  professional geologist in the state and are serving as a

17  geologist of record for the firm, corporation, or partnership.

18  A geologist of record may be any principal officer or employee

19  of such firm or corporation, or any partner or employee of

20  such partnership, who holds a current, active license as a

21  professional geologist in this state, or any other

22  Florida-licensed professional geologist with whom the firm,

23  corporation, or partnership has entered into a long-term,

24  ongoing relationship, as defined by rule of the board, to

25  serve as one of its geologists of record. It shall be the

26  responsibility of the firm, corporation, or partnership and

27  the geologist of record to notify the department of any

28  changes in the relationship or identity of that geologist of

29  record within 30 days after such change. One or more of the

30  principal officers, employees, or agents of such firm or

31  corporation, or partners, employees, or agents of such

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  partnership, who act in its behalf as professional geologists

  2  in this state are licensed as provided in ss.

  3  492.101-492.1165.

  4         (2)  The firm, corporation, or partnership has been

  5  issued a certificate of authorization by the department as

  6  provided in this chapter ss. 492.101-492.1165.  For purposes

  7  of this section, a certificate of authorization shall be

  8  required of any firm, corporation, partnership, association,

  9  or person practicing under a fictitious name and offering

10  geological services to the public; except that, when an

11  individual is practicing geology in his or her own name, he or

12  she shall not be required to obtain a certificate of

13  authorization under this section.  Such certificate of

14  authorization shall be renewed every 2 years.

15         (3)  All final geological papers or documents involving

16  the practice of the profession of geology which have been

17  prepared or approved for the use of such firm, corporation, or

18  partnership, for delivery to any person for public record with

19  the state, shall be dated and bear the signature and seal of

20  the professional geologist or professional geologists who

21  prepared or approved them.

22         (4)  The fact that a licensed geologist practices

23  through a corporation or partnership shall not relieve the

24  registrant from personal liability for negligence, misconduct,

25  or wrongful acts committed by him or her. Partnership and all

26  partners shall be jointly and severally liable for the

27  negligence, misconduct, or wrongful acts committed by their

28  agents, employees, or partners while acting in a professional

29  capacity.  Any officer, agent, or employee of a corporation

30  shall be personally liable and accountable only for negligent

31  acts, wrongful acts, or misconduct committed by him or her or

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  committed by any person under his or her direct supervision

  2  and control, while rendering professional services on behalf

  3  of the corporation.  The personal liability of a shareholder

  4  of a corporation, in his or her capacity as shareholder, shall

  5  be no greater than that of a shareholder-employee of a

  6  corporation incorporated under chapter 607.  The corporation

  7  shall be liable up to the full value of its property for any

  8  negligent acts, wrongful acts, or misconduct committed by any

  9  of its officers, agents, or employees while they are engaged

10  on behalf of the corporation in the rendering of professional

11  services.

12         (5)  The firm, corporation, or partnership desiring a

13  certificate of authorization shall file with the department an

14  application therefor, upon a form to be prescribed by the

15  department, accompanied by the required application fee.

16         (6)  The department may refuse to issue a certificate

17  of authorization if any facts exist which would entitle the

18  department to suspend or revoke an existing certificate of

19  authorization or if the department, after giving persons

20  involved a full and fair hearing, determines that any of the

21  officers or directors of said firm or corporation, or partners

22  of said partnership, have violated the provisions of s.

23  492.113.

24         Section 61.  Paragraphs (a), (b), and (g) of subsection

25  (1) of section 492.112, Florida Statutes, are amended to read:

26         492.112  Prohibitions; penalties.--

27         (1)  A person may not knowingly:

28         (a)  Practice geology unless the person is licensed

29  under this chapter ss. 492.101-492.1165.

30         (b)  Use the name or title "Professional Geologist" or

31  any other title, designation, words, letters, abbreviations,

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1  or device tending to indicate that the person holds an active

  2  license as a geologist when the person is not licensed under

  3  this chapter ss. 492.101-492.1165.

  4         (g)  Conceal information relative to violations of this

  5  chapter ss. 492.101-492.1165.

  6         Section 62.  Paragraph (a) of subsection (1) of section

  7  492.113, Florida Statutes, is amended to read:

  8         492.113  Disciplinary proceedings.--

  9         (1)  The following acts constitute grounds for which

10  the disciplinary actions in subsection (3) may be taken:

11         (a)  Violation of any provision of s. 492.112 or any

12  other provision of this chapter ss. 492.101-492.1165.

13         Section 63.  Section 492.116, Florida Statutes, is

14  amended to read:

15         492.116  Exemptions.--The following persons are

16  specifically exempted from this chapter ss. 492.101-492.1165,

17  provided, however, that all final geological papers or

18  documents which have been prepared by a person exempt under

19  subsection (1), subsection (2), subsection (3), or subsection

20  (4) for delivery to any person for public record with the

21  state shall be dated and bear the signature and seal of the

22  professional geologist or professional geologists who prepared

23  or approved them:

24         (1)  Persons engaged solely in teaching the science of

25  geology.

26         (2)  Persons engaged in geological research which does

27  not affect the health, safety, or well-being of the public.

28         (3)  Officers and employees of the United States

29  Government, the State of Florida, water management districts,

30  or other local or regional governmental entities practicing

31  solely as such officers or employees.

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000             CS/HB 2211

    696-174-00






  1         (4)  Regular full-time employees of a corporation not

  2  engaged in the practice of professional geology as such, who

  3  are directly supervised by a person licensed as a professional

  4  geologist under this chapter ss. 492.101-492.1165.

  5         (5)  A person employed on a full-time basis as a

  6  geologist by an employer engaged in the business of

  7  developing, mining, or treating ores, other minerals, and

  8  petroleum resources if that person engages in geological

  9  practice exclusively for and as an employee of such employer

10  and does not hold herself or himself out and is not held out

11  as available to perform any geological services for persons

12  other than her or his employer.

13         Section 64.  Section 492.1165, Florida Statutes, is

14  amended to read:

15         492.1165  Construction of chapter ch. 87-403.--Nothing

16  in this chapter ss. 492.101-492.1165 as enacted by chapter

17  87-403, Laws of Florida, shall be construed to prevent or

18  prohibit the practice of any profession or trade for which a

19  license is required under any other law of this state, or the

20  practice by registered professional engineers.

21         Section 65.  The sum of $500,000 is hereby appropriated

22  from the Professional Regulation Trust Fund to the Department

23  of Business and Professional Regulation for the purpose of

24  disbursing funds to any private corporation or business entity

25  to offset startup costs incurred in the implementation of s.

26  455.32, Florida Statutes, the Management Privatization Act,

27  pursuant to a contract executed by the department.

28         Section 66.  This act shall take effect July 1, 2000.

29

30

31

                                  86