(LATE FILED)	Amendment
Bill No. 1859

Amendment No. 093479

CHAMBER ACTION
Senate		House
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1	Representative Goodlette offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 6478-6479, and insert:
5	Section 218.  Subsection (2) of section 20.165, Florida
6	Statutes, is amended to read:
7	20.165  Department of Business and Professional
8	Regulation.--There is created a Department of Business and
9	Professional Regulation.
10	(2)  The following divisions of the Department of Business
11	and Professional Regulation are established:
12	(a)  Division of Administration.
13	(b)  Division of Alcoholic Beverages and Tobacco.
14	(c)  Division of Certified Public Accounting.
15	1.  The director of the division shall be appointed by the
16	secretary of the department, subject to approval by a majority
17	of the Board of Accountancy.
18	2.  The offices of the division shall be located in
19	Gainesville.
20	(d)  Division of Florida Land Sales, Condominiums, and
21	Mobile Homes.
22	(e)  Division of Hotels and Restaurants.
23	(f)  Division of Pari-mutuel Wagering.
24	(g)  Division of Professions and Regulation.
25	(h)  Division of Real Estate.
26	1.  The director of the division shall be appointed by the
27	secretary of the department, subject to approval by a majority
28	of the Florida Real Estate Commission.
29	2.  The offices of the division shall be located in
30	Orlando.
31	(i)  Division of Service Operations Regulation.
32	(j)  Division of Technology, Licensure, and Testing.
33	Section 219.  Effective October 1, 2005, paragraph (a) of
34	subsection (4) of section 20.165, Florida Statutes, as amended
35	by section 135 of chapter 2004-301, Laws of Florida, is amended
36	to read:
37	20.165  Department of Business and Professional
38	Regulation.--There is created a Department of Business and
39	Professional Regulation.
40	(4)(a)  The following boards are established within the
41	Division of Professions and Regulation:
42	1.  Board of Architecture and Interior Design, created
43	under part I of chapter 481.
44	2.  Florida Board of Auctioneers, created under part VI of
45	chapter 468.
46	3.  Barbers' Board, created under chapter 476.
47	4.  Florida Building Code Administrators and Inspectors
48	Board, created under part XII of chapter 468.
49	5.  Construction Industry Licensing Board, created under
50	part I of chapter 489.
51	6.  Board of Cosmetology, created under chapter 477.
52	7.  Electrical Contractors' Licensing Board, created under
53	part II of chapter 489.
54	8.  Board of Employee Leasing Companies, created under part
55	XI of chapter 468.
56	9.  Board of Landscape Architecture, created under part II
57	of chapter 481.
58	10.  Board of Pilot Commissioners, created under chapter
59	310.
60	11.  Board of Professional Engineers, created under chapter
61	471.
62	12.  Board of Professional Geologists, created under
63	chapter 492.
64	13.  Board of Professional Surveyors and Mappers, created
65	under chapter 472.
66	14.  Board of Veterinary Medicine, created under chapter
67	474.
68	Section 220.  Subsection (1) of section 309.01, Florida
69	Statutes, is amended to read:
70	309.01  Deposit of material in tidewater regulated.--
71	(1)  It is not lawful for any person to discharge or cause
72	to be discharged or deposit or cause to be deposited, in the
73	tide or salt waters of any bay, port, harbor, or river of this
74	state, any ballast or material of any kind other than clear
75	stone or rock, free from gravel or pebbles, which said clear
76	stone or rock shall be deposited or discharged only in the
77	construction of enclosures in connection with wharves, piers,
78	quays, jetties, or in the construction of permanent bulkheads
79	connecting the solid and permanent portion of wharves. It is
80	lawful to construct three characters of bulkheads for retention
81	of material in solid wharves. First, clear stone or rock
82	enclosures, or bulkheads, may be built upon all sides to a
83	height not less than 21/2 feet above high watermark; and after
84	the enclosures have been made so solid, tight, and permanent as
85	to prevent any sand, mud, gravel, or other material that may be
86	discharged or deposited in them from drifting or escaping
87	through such enclosures, any kind of ballast may be discharged
88	or deposited within the enclosures. The enclosures may be
89	constructed of wood, stone, and rock combined, the stone and
90	rocks to be placed on the outside of the wood to a height not
91	less at any point than 21/2 feet above high watermark. Second, a
92	bulkhead may be built by a permanent wharf consisting of
93	thoroughly creosoted piles not less than 12 inches in diameter
94	at the butt end, to be driven close together and to be capped
95	with timber not less than 10 or 14 inches drift, bolted to each
96	pile, and one or more longitudinal stringers to be placed on the
97	outside of the bulkhead and securely anchored by means of iron
98	rods to piles driven within the bulkheads, clear rock to be on
99	the inside of the bulkhead, to a height of not less than 21/2
100	feet above high water; and after this is done, ballast or other
101	material may be deposited within the permanent enclosure so
102	constructed. Third, a bulkhead may be constructed to consist of
103	creosoted piles, as described herein, driven not exceeding 4
104	feet apart from center to center, inside of which two or more
105	longitudinal stringers may be placed and securely bolted to the
106	piles. Inside of these longitudinal pieces, two thicknesses of
107	creosoted sheet piling are to be driven, each course of the
108	sheet piling to make a joint with the other so as to form an
109	impenetrable wharf; and within this permanent bulkhead so
110	constructed, any ballast or other material may be deposited. No
111	such enclosure, pier, quay, or jetty shall be begun until the
112	point whereat it is to be built shall have been connected by a
113	substantial wharf with a shore or with a permanent wharf; except
114	that the owners of wharves may at any time, with the consent of
115	the Board of Pilot Commissioners of the Division of Professions
116	of the Department of Business and Professional Regulation, build
117	wharves of clear stone or rock, or creosoted walls as
118	hereinafter provided, on each side of their wharves from the
119	shore to a point at which the water is not more than 15 feet
120	deep, and when such walls have attained a height of 21/2 feet
121	above high watermark and have been securely closed at the
122	deepwater end by stone or creosoted walls of the same height,
123	any kind of ballast may be deposited in them. Nothing contained
124	in this section shall interfere with any rights or privileges
125	now enjoyed by riparian owners. While this section empowers
126	those who desire to construct the several characters of wharves,
127	piers, quays, jetties, and bulkheads provided for and described
128	herein, nothing in this section shall be so construed as to
129	require any person not desiring to construct a permanent wharf
130	by filling up with ballast, stone, or other material to
131	construct under the specifications contained herein; and nothing
132	in this chapter shall be so construed as to prevent any person
133	from constructing any wharf or placing any pilings, logs, or
134	lumber in any waters where the person would have heretofore had
135	the right so to do.
136	Section 221.  Subsection (1) of section 310.011, Florida
137	Statutes, is amended to read:
138	310.011  Board of Pilot Commissioners.--
139	(1)  A board is established within the Division of
140	Professions and Regulation of the Department of Business and
141	Professional Regulation to be known as the Board of Pilot
142	Commissioners. The board shall be composed of 10 members, to be
143	appointed by the Governor, 5 of whom shall be licensed state
144	pilots actively practicing their profession. The board shall
145	perform such duties and possess and exercise such powers
146	relative to the protection of the waters, harbors, and ports of
147	this state as are prescribed and conferred on it in this
148	chapter.
149	Section 222.  Subsections (1) and (6) of section 455.01,
150	Florida Statutes, are amended to read:
151	455.01  Definitions.--As used in this chapter, the term:
152	(1)  "Board" means any board or commission, or other
153	statutorily created entity to the extent such entity is
154	authorized to exercise regulatory or rulemaking functions,
155	within the department, including the Florida Real Estate
156	Commission; except that, for ss. 455.201-455.245, "board" means
157	only a board, or other statutorily created entity to the extent
158	such entity is authorized to exercise regulatory or rulemaking
159	functions, within the Division of Certified Public Accounting,
160	the Division of Professions and Regulation, or the Division of
161	Real Estate.
162	(6)  "Profession" means any activity, occupation,
163	profession, or vocation regulated by the department in the
164	Divisions of Certified Public Accounting, Professions and
165	Regulation, and Real Estate, and Regulation.
166	Section 223.  Section 455.017, Florida Statutes, is amended
167	to read:
168	455.017  Applicability of this chapter.--The provisions of
169	this chapter apply only to the regulation by the Department of
170	Business and Professional Regulation professions.
171	Section 224.  Paragraph (a) of subsection (1) of section
172	455.217, Florida Statutes, is amended to read:
173	455.217  Examinations.--This section shall be read in
174	conjunction with the appropriate practice act associated with
175	each regulated profession under this chapter.
176	(1)  The Division of Service Operations Technology,
177	Licensure, and Testing of the Department of Business and
178	Professional Regulation shall provide, contract, or approve
179	services for the development, preparation, administration,
180	scoring, score reporting, and evaluation of all examinations.
181	The division shall seek the advice of the appropriate board in
182	providing such services.
183	(a)  The department, acting in conjunction with the
184	Division of Service Operations Technology, Licensure, and
185	Testing and the Division of Real Estate, as appropriate, shall
186	ensure that examinations adequately and reliably measure an
187	applicant's ability to practice the profession regulated by the
188	department. After an examination developed or approved by the
189	department has been administered, the board or department may
190	reject any question which does not reliably measure the general
191	areas of competency specified in the rules of the board or
192	department, when there is no board. The department shall use
193	professional testing services for the development, preparation,
194	and evaluation of examinations, when such services are available
195	and approved by the board.
196	Section 225.  Except as otherwise provided herein, this act
197	shall take effect upon becoming a law.
198
199	================ T I T L E  A M E N D M E N T =============
200	Remove lines 188-189 and insert:
201
202	outdated plans, reports, and programs; amending ss.
203	20.165, 309.01, 310.011, 455.01, 455.017, and 455.217,
204	F.S.; revising terminology relating to the organization of
205	the Department of Business and Professional Regulation;
206	providing effective dates.

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