(LATE FILED)Amendment
Bill No. 1859
Amendment No. 093479
Senate House

1Representative Goodlette offered the following:
3     Amendment (with title amendment)
4     Remove lines 6478-6479, and insert:
5     Section 218.  Subsection (2) of section 20.165, Florida
6Statutes, is amended to read:
7     20.165  Department of Business and Professional
8Regulation.--There is created a Department of Business and
9Professional Regulation.
10     (2)  The following divisions of the Department of Business
11and 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
16secretary of the department, subject to approval by a majority
17of the Board of Accountancy.
18     2.  The offices of the division shall be located in
20     (d)  Division of Florida Land Sales, Condominiums, and
21Mobile 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
27secretary of the department, subject to approval by a majority
28of the Florida Real Estate Commission.
29     2.  The offices of the division shall be located in
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
34subsection (4) of section 20.165, Florida Statutes, as amended
35by section 135 of chapter 2004-301, Laws of Florida, is amended
36to read:
37     20.165  Department of Business and Professional
38Regulation.--There is created a Department of Business and
39Professional Regulation.
40     (4)(a)  The following boards are established within the
41Division of Professions and Regulation:
42     1.  Board of Architecture and Interior Design, created
43under part I of chapter 481.
44     2.  Florida Board of Auctioneers, created under part VI of
45chapter 468.
46     3.  Barbers' Board, created under chapter 476.
47     4.  Florida Building Code Administrators and Inspectors
48Board, created under part XII of chapter 468.
49     5.  Construction Industry Licensing Board, created under
50part I of chapter 489.
51     6.  Board of Cosmetology, created under chapter 477.
52     7.  Electrical Contractors' Licensing Board, created under
53part II of chapter 489.
54     8.  Board of Employee Leasing Companies, created under part
55XI of chapter 468.
56     9.  Board of Landscape Architecture, created under part II
57of chapter 481.
58     10.  Board of Pilot Commissioners, created under chapter
60     11.  Board of Professional Engineers, created under chapter
62     12.  Board of Professional Geologists, created under
63chapter 492.
64     13.  Board of Professional Surveyors and Mappers, created
65under chapter 472.
66     14.  Board of Veterinary Medicine, created under chapter
68     Section 220.  Subsection (1) of section 309.01, Florida
69Statutes, 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
72to be discharged or deposit or cause to be deposited, in the
73tide or salt waters of any bay, port, harbor, or river of this
74state, any ballast or material of any kind other than clear
75stone or rock, free from gravel or pebbles, which said clear
76stone or rock shall be deposited or discharged only in the
77construction of enclosures in connection with wharves, piers,
78quays, jetties, or in the construction of permanent bulkheads
79connecting the solid and permanent portion of wharves. It is
80lawful to construct three characters of bulkheads for retention
81of material in solid wharves. First, clear stone or rock
82enclosures, or bulkheads, may be built upon all sides to a
83height not less than 21/2 feet above high watermark; and after
84the enclosures have been made so solid, tight, and permanent as
85to prevent any sand, mud, gravel, or other material that may be
86discharged or deposited in them from drifting or escaping
87through such enclosures, any kind of ballast may be discharged
88or deposited within the enclosures. The enclosures may be
89constructed of wood, stone, and rock combined, the stone and
90rocks to be placed on the outside of the wood to a height not
91less at any point than 21/2 feet above high watermark. Second, a
92bulkhead may be built by a permanent wharf consisting of
93thoroughly creosoted piles not less than 12 inches in diameter
94at the butt end, to be driven close together and to be capped
95with timber not less than 10 or 14 inches drift, bolted to each
96pile, and one or more longitudinal stringers to be placed on the
97outside of the bulkhead and securely anchored by means of iron
98rods to piles driven within the bulkheads, clear rock to be on
99the inside of the bulkhead, to a height of not less than 21/2
100feet above high water; and after this is done, ballast or other
101material may be deposited within the permanent enclosure so
102constructed. Third, a bulkhead may be constructed to consist of
103creosoted piles, as described herein, driven not exceeding 4
104feet apart from center to center, inside of which two or more
105longitudinal stringers may be placed and securely bolted to the
106piles. Inside of these longitudinal pieces, two thicknesses of
107creosoted sheet piling are to be driven, each course of the
108sheet piling to make a joint with the other so as to form an
109impenetrable wharf; and within this permanent bulkhead so
110constructed, any ballast or other material may be deposited. No
111such enclosure, pier, quay, or jetty shall be begun until the
112point whereat it is to be built shall have been connected by a
113substantial wharf with a shore or with a permanent wharf; except
114that the owners of wharves may at any time, with the consent of
115the Board of Pilot Commissioners of the Division of Professions
116of the Department of Business and Professional Regulation, build
117wharves of clear stone or rock, or creosoted walls as
118hereinafter provided, on each side of their wharves from the
119shore to a point at which the water is not more than 15 feet
120deep, and when such walls have attained a height of 21/2 feet
121above high watermark and have been securely closed at the
122deepwater end by stone or creosoted walls of the same height,
123any kind of ballast may be deposited in them. Nothing contained
124in this section shall interfere with any rights or privileges
125now enjoyed by riparian owners. While this section empowers
126those who desire to construct the several characters of wharves,
127piers, quays, jetties, and bulkheads provided for and described
128herein, nothing in this section shall be so construed as to
129require any person not desiring to construct a permanent wharf
130by filling up with ballast, stone, or other material to
131construct under the specifications contained herein; and nothing
132in this chapter shall be so construed as to prevent any person
133from constructing any wharf or placing any pilings, logs, or
134lumber in any waters where the person would have heretofore had
135the right so to do.
136     Section 221.  Subsection (1) of section 310.011, Florida
137Statutes, is amended to read:
138     310.011  Board of Pilot Commissioners.--
139     (1)  A board is established within the Division of
140Professions and Regulation of the Department of Business and
141Professional Regulation to be known as the Board of Pilot
142Commissioners. The board shall be composed of 10 members, to be
143appointed by the Governor, 5 of whom shall be licensed state
144pilots actively practicing their profession. The board shall
145perform such duties and possess and exercise such powers
146relative to the protection of the waters, harbors, and ports of
147this state as are prescribed and conferred on it in this
149     Section 222.  Subsections (1) and (6) of section 455.01,
150Florida 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
153statutorily created entity to the extent such entity is
154authorized to exercise regulatory or rulemaking functions,
155within the department, including the Florida Real Estate
156Commission; except that, for ss. 455.201-455.245, "board" means
157only a board, or other statutorily created entity to the extent
158such entity is authorized to exercise regulatory or rulemaking
159functions, within the Division of Certified Public Accounting,
160the Division of Professions and Regulation, or the Division of
161Real Estate.
162     (6)  "Profession" means any activity, occupation,
163profession, or vocation regulated by the department in the
164Divisions of Certified Public Accounting, Professions and
165Regulation, and Real Estate, and Regulation.
166     Section 223.  Section 455.017, Florida Statutes, is amended
167to read:
168     455.017  Applicability of this chapter.--The provisions of
169this chapter apply only to the regulation by the Department of
170Business and Professional Regulation professions.
171     Section 224.  Paragraph (a) of subsection (1) of section
172455.217, Florida Statutes, is amended to read:
173     455.217  Examinations.--This section shall be read in
174conjunction with the appropriate practice act associated with
175each regulated profession under this chapter.
176     (1)  The Division of Service Operations Technology,
177Licensure, and Testing of the Department of Business and
178Professional Regulation shall provide, contract, or approve
179services for the development, preparation, administration,
180scoring, score reporting, and evaluation of all examinations.
181The division shall seek the advice of the appropriate board in
182providing such services.
183     (a)  The department, acting in conjunction with the
184Division of Service Operations Technology, Licensure, and
185Testing and the Division of Real Estate, as appropriate, shall
186ensure that examinations adequately and reliably measure an
187applicant's ability to practice the profession regulated by the
188department. After an examination developed or approved by the
189department has been administered, the board or department may
190reject any question which does not reliably measure the general
191areas of competency specified in the rules of the board or
192department, when there is no board. The department shall use
193professional testing services for the development, preparation,
194and evaluation of examinations, when such services are available
195and approved by the board.
196     Section 225.  Except as otherwise provided herein, this act
197shall take effect upon becoming a law.
199================ T I T L E  A M E N D M E N T =============
200     Remove lines 188-189 and insert:
202outdated plans, reports, and programs; amending ss.
20320.165, 309.01, 310.011, 455.01, 455.017, and 455.217,
204F.S.; revising terminology relating to the organization of
205the Department of Business and Professional Regulation;
206providing effective dates.

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