HB 1413

1
A bill to be entitled
2An act relating to the regulation of professions; amending
3s. 455.2124, F.S.; authorizing a board or commission, or
4the Department of Business and Professional Regulation if
5no such board or commission exists for a profession, to
6require the completion of certain continuing education
7requirements by inactive licensees seeking to regain
8active status; amending s. 455.2179, F.S.; specifying the
9quadrennial fees for renewal of eligibility to provide
10certain continuing education courses; amending ss.
11455.2228 and 455.273, F.S.; increasing the period for
12completion of certain renewal, recertification, and
13relicensing requirements from biennially to quadrennially;
14amending s. 455.271, F.S.; authorizing certain licensees
15to submit a written request for a grace period upon the
16expiration of a license; requiring that such licensee pay
17a specified fee and complete certain continuing education
18requirements; increasing the length of certain licensure
19and renewal cycles; amending ss. 468.403, 468.453,
20468.525, 468.613, 469.005, 474.217, and 475.180, F.S.,
21relating to licensure or certification requirements for
22talent agencies, athlete agents, employee leasing
23companies, building code administrators, plans examiners,
24building code inspectors, asbestos consultants and
25contractors, veterinarians, and real estate brokers,
26broker associates, and sales associates; providing
27conditions under which a nonresident who has been licensed
28in good standing for a specified period in another state
29qualifies for licensure in this state; amending s.
30476.114, F.S.; authorizing certain persons to take the
31examination for licensure as a barber; requiring that
32certain persons desiring to be a barber apply to the
33department in writing under certain conditions; amending
34s. 476.144, F.S.; conforming a cross-reference; amending
35s. 477.019, F.S.; authorizing certain persons to take the
36examination for licensure as a cosmetologist; requiring
37that certain persons desiring to be a cosmetologist apply
38to the department in writing under certain conditions;
39amending s. 481.209, F.S.; authorizing any person meeting
40certain criteria to take the examination for licensure as
41an architect or interior designer; requiring that such
42persons apply to the department in writing; requiring that
43persons applying for licensure as an interior designer
44remit a nonrefundable application fee; requiring that the
45department adopt a form for applications for licensure as
46an interior designer; amending s. 481.213, F.S.; providing
47conditions under which a nonresident who has been licensed
48as an architect in good standing for a specified period in
49another state qualifies for licensure as an architect in
50this state; amending s. 489.111, F.S.; authorizing a
51person applying for licensure as a contractor to
52substitute for certain experience requirements the passing
53of a prelicensure course approved by the Construction
54Industry Licensing Board and established by department
55rule; amending s. 489.115, F.S.; providing conditions
56under which a nonresident who has been licensed or
57certified as a contractor in good standing for a specified
58period in another state qualifies for certification as a
59contractor in this state; amending s. 489.118, F.S.;
60deleting an obsolete provision; amending s. 489.511, F.S.;
61providing conditions under which a nonresident who has
62been licensed or certified as an electrical or alarm
63system contractor in good standing for a specified period
64in another state qualifies for certification as an
65electrical or alarm system contractor in this state;
66amending s. 489.515, F.S.; authorizing the Electrical
67Contractors' Licensing Board to adopt certain alternative
68means by which an applicant for certification may
69demonstrate financial responsibility; amending s. 492.105,
70F.S.; requiring that a person desiring to be licensed in
71this state as a geologist apply to the department on a
72form adopted by the department, remit a nonrefundable
73application fee, and meet certain requirements; amending
74s. 492.108, F.S.; conforming a cross-reference; providing
75an effective date.
76
77Be It Enacted by the Legislature of the State of Florida:
78
79     Section 1.  Section 455.2124, Florida Statutes, is amended
80to read:
81     455.2124  Proration of or not requiring continuing
82education.--A board, or the department when there is no board,
83may:
84     (1)  Prorate continuing education for new licensees by
85requiring half of the required continuing education for any
86applicant who becomes licensed with more than half the renewal
87period remaining and no continuing education for any applicant
88who becomes licensed with half or less than half of the renewal
89period remaining; or
90     (2)  Require no continuing education until the first full
91renewal cycle of the licensee; or.
92     (3)  Require the completion of no more than one renewal
93cycle of continuing education requirements by an inactive
94licensee seeking to regain active status.
95
96These options shall also apply when continuing education is
97first required or the number of hours required is increased by
98law or the board, or the department when there is no board.
99     Section 2.  Subsection (3) of section 455.2179, Florida
100Statutes, is amended to read:
101     455.2179  Continuing education provider and course
102approval; cease and desist orders.--
103     (3)  Each board authorized to approve continuing education
104providers, or the department if there is no board, may
105establish, by rule, a fee not to exceed $250 for anyone seeking
106approval to provide continuing education courses and may
107establish, by rule, a quadrennial biennial fee not to exceed
108$500 $250 for the renewal of providership of such courses. The
109Florida Real Estate Commission, authorized under the provisions
110of chapter 475 to approve prelicensure, precertification, and
111postlicensure education providers, may establish, by rule, an
112application fee not to exceed $250 for anyone seeking approval
113to offer prelicensure, precertification, or postlicensure
114education courses and may establish, by rule, a quadrennial
115biennial fee not to exceed $500 $250 for the renewal of such
116courses. Such postlicensure education courses are subject to the
117reporting, monitoring, and compliance provisions of this section
118and ss. 455.2177 and 455.2178.
119     Section 3.  Subsections (1) and (2) of section 455.2228,
120Florida Statutes, are amended to read:
121     455.2228  Barbers and cosmetologists; instruction on HIV
122and AIDS.--
123     (1)  The board, or the department where there is no board,
124shall require each person licensed or certified under chapter
125476 or chapter 477 to complete a continuing educational course
126approved by the board, or the department where there is no
127board, on human immunodeficiency virus and acquired immune
128deficiency syndrome as part of quadrennial biennial relicensure
129or recertification. The course shall consist of education on
130modes of transmission, infection control procedures, clinical
131management, and prevention of human immunodeficiency virus and
132acquired immune deficiency syndrome, with an emphasis on
133appropriate behavior and attitude change.
134     (2)  When filing fees for each quadrennial biennial
135renewal, each licensee shall submit confirmation of having
136completed said course, on a form provided by the board or by the
137department if there is no board. At the time of the subsequent
138quadrennial biennial renewal when coursework is to be completed,
139if the licensee has not submitted confirmation which has been
140received and recorded by the board, or department if there is no
141board, the department shall not renew the license.
142     Section 4.  Subsection (2) of section 455.273, Florida
143Statutes, is amended to read:
144     455.273  Renewal and cancellation notices.--
145     (2)  Each licensure renewal notification and each notice of
146pending cancellation of licensure must state conspicuously that
147a licensee who remains on inactive status for more than two
148consecutive quadrennial biennial licensure cycles and who wishes
149to reactivate the license may be required to demonstrate the
150competency to resume active practice by sitting for a special
151purpose examination or by completing other reactivation
152requirements, as defined by rule of the board or the department
153when there is no board.
154     Section 5.  Paragraph (a) of subsection (6) and subsections
155(7), (8), and (10) of section 455.271, Florida Statutes, are
156amended to read:
157     455.271  Inactive and delinquent status.--
158     (6)(a)  A delinquent status licensee must affirmatively
159apply with a complete application, as defined by rule of the
160board, or the department if there is no board, for active or
161inactive status during the licensure cycle in which a licensee
162becomes delinquent. Failure by a delinquent status licensee to
163become active or inactive before the expiration of the current
164licensure cycle renders shall render the license void without
165any further action by the board or the department. Upon
166expiration of the license, the licensee may request in writing a
167grace period of 45 calendar days for the reactivation of the
168license. Along with the written request, the licensee must pay a
169fee not to exceed $50 and complete one renewal cycle of
170continuing education requirements.
171
172This subsection does not apply to individuals subject to
173regulation under chapter 473.
174     (7)  Each board, or the department when there is no board,
175shall, by rule, impose an additional delinquency fee, not to
176exceed the quadrennial biennial renewal fee for an active status
177license, on a delinquent status licensee when such licensee
178applies for active or inactive status.
179     (8)  Each board, or the department when there is no board,
180shall, by rule, impose an additional fee, not to exceed the
181quadrennial biennial renewal fee for an active status license,
182for processing a licensee's request to change licensure status
183at any time other than at the beginning of a licensure cycle.
184     (10)  Before reactivation, an inactive or delinquent
185licensee shall meet the same continuing education requirements,
186if any, imposed on an active status licensee for all quadrennial
187biennial licensure periods in which the licensee was inactive or
188delinquent.
189     Section 6.  Subsection (10) is added to section 468.403,
190Florida Statutes, to read:
191     468.403  License requirements.--
192     (10)  A nonresident who has been licensed in good standing
193for at least 2 years in another state qualifies for licensure in
194this state if such nonresident completes a course on Florida
195laws and rules and passes the resulting examination.
196     Section 7.  Subsection (8) is added to section 468.453,
197Florida Statutes, to read:
198     468.453  Licensure required; qualifications; license
199nontransferable; service of process; temporary license; license
200or application from another state.--
201     (8)  A nonresident who has been licensed in good standing
202for at least 2 years in another state qualifies for licensure in
203this state if such nonresident completes a course on Florida
204laws and rules and passes the resulting examination.
205     Section 8.  Subsection (5) is added to section 468.525,
206Florida Statutes, to read:
207     468.525  License requirements.--
208     (5)  A nonresident who has been licensed in good standing
209for at least 2 years in another state qualifies for licensure in
210this state if such nonresident completes a course on Florida
211laws and rules and passes the resulting examination.
212     Section 9.  Section 468.613, Florida Statutes, is amended
213to read:
214     468.613  Certification by endorsement.--The board shall
215examine other certification or training programs, as applicable,
216upon submission to the board for its consideration of an
217application for certification by endorsement. The board shall
218waive its examination, qualification, education, or training
219requirements, to the extent that such examination,
220qualification, education, or training requirements of the
221applicant are determined by the board to be comparable with
222those established by the board. A nonresident who has been
223licensed or certified in good standing for at least 2 years in
224another state qualifies for certification in this state if such
225nonresident completes a course on Florida laws and rules and
226passes the resulting examination.
227     Section 10.  Subsection (7) is added to section 469.005,
228Florida Statutes, to read:
229     469.005  License requirements.--All applicants for
230licensure as either asbestos consultants or asbestos contractors
231shall:
232     (7)  If he or she is a nonresident who has been licensed in
233good standing for at least 2 years in another state, qualify for
234licensure in this state if he or she completes a course on
235Florida laws and rules and passes the resulting examination.
236     Section 11.  Subsection (3) is added to section 474.217,
237Florida Statutes, to read:
238     474.217  Licensure by endorsement.--
239     (3)  A nonresident who has been licensed in good standing
240for at least 2 years in another state qualifies for licensure in
241this state if such nonresident completes a course on Florida
242laws and rules and passes the resulting examination.
243     Section 12.  Subsection (1) of section 475.180, Florida
244Statutes, is amended to read:
245     475.180  Nonresident licenses.--
246     (1)  Notwithstanding the prelicensure requirements set
247forth under ss. 475.17(2) and (6) and 475.175, the commission in
248its discretion may enter into written agreements with similar
249licensing authorities of other states, territories, or
250jurisdictions of the United States or foreign national
251jurisdictions to ensure for Florida licensees nonresident
252licensure opportunities comparable to those afforded to
253nonresidents by this section. Whenever the commission determines
254that another jurisdiction does not offer nonresident licensure
255to Florida licensees substantially comparable to those afforded
256to licensees of that jurisdiction by this section, the
257commission shall require licensees of that jurisdiction who
258apply for nonresident licensure to meet education, experience,
259and examination requirements substantially comparable to those
260required by that jurisdiction with respect to Florida licensees
261who seek nonresident licensure, not to exceed such requirements
262as prescribed in ss. 475.17(2) and (6) and 475.175. A
263nonresident who has been licensed in good standing for at least
2642 years in another state qualifies for licensure in this state
265if such nonresident completes a course on Florida laws and rules
266and passes the resulting examination.
267     Section 13.  Section 476.114, Florida Statutes, is amended
268to read:
269     476.114  Examination; prerequisites.--
270     (1)(a)  A person who is at least 16 years of age may apply
271to take the examination for licensure as a barber.
272     (b)  A person desiring to be licensed as a barber shall
273apply to the department in writing if the applicant: for
274licensure.
275     (2)  An applicant shall be eligible for licensure by
276examination to practice barbering if the applicant:
277     (a)  Is at least 16 years of age;
278     (b)  Pays the required application fee; and
279     (c)1.  Holds an active valid license to practice barbering
280in another state, has held the license for at least 1 year, and
281does not qualify for licensure by endorsement as provided for in
282s. 476.144(5); or
283     2.  Has received a minimum of 1,200 hours of training as
284established by the board, which shall include, but shall not be
285limited to, the equivalent of completion of services directly
286related to the practice of barbering at one of the following:
287     a.  A school of barbering licensed pursuant to chapter
2881005;
289     b.  A barbering program within the public school system; or
290     c.  A government-operated barbering program in this state.
291
292The board shall establish by rule procedures whereby the school
293or program may certify that a person is qualified to take the
294required examination after the completion of a minimum of 1,000
295actual school hours. If the person passes the examination, she
296or he shall have satisfied this requirement; but if the person
297fails the examination, she or he shall not be qualified to take
298the examination again until the completion of the full
299requirements provided by this section.
300     (2)(3)  An applicant who meets the requirements set forth
301in subparagraphs (1)(b)1. and 2. (2)(c)1. and 2. who fails to
302pass the examination may take subsequent examinations as many
303times as necessary to pass, except that the board may specify by
304rule reasonable timeframes for rescheduling the examination and
305additional training requirements for applicants who, after the
306third attempt, fail to pass the examination. Before Prior to
307reexamination, the applicant must file the appropriate form and
308pay the reexamination fee as required by rule.
309     Section 14.  Subsection (6) of section 476.144, Florida
310Statutes, is amended to read:
311     476.144  Licensure.--
312     (6)  A person may apply for a restricted license to
313practice barbering. The board shall adopt rules specifying
314procedures for an applicant to obtain a restricted license if
315the applicant:
316     (a)1.  Has successfully completed a restricted barber
317course, as established by rule of the board, at a school of
318barbering licensed pursuant to chapter 1005, a barbering program
319within the public school system, or a government-operated
320barbering program in this state; or
321     2.a.  Holds or has within the previous 5 years held an
322active valid license to practice barbering in another state or
323country or has held a Florida barbering license which has been
324declared null and void for failure to renew the license, and the
325applicant fulfilled the requirements of s. 476.114(1)(b)2. s.
326476.114(2)(c)2. for initial licensure; and
327     b.  Has not been disciplined relating to the practice of
328barbering in the previous 5 years; and
329     (b)  Passes a written examination on the laws and rules
330governing the practice of barbering in Florida, as established
331by the board, and a practical examination approved by the board.
332
333The restricted license shall limit the licensee's practice to
334those specific areas in which the applicant has demonstrated
335competence pursuant to rules adopted by the board.
336     Section 15.  Section 477.019, Florida Statutes, is amended
337to read:
338     477.019  Cosmetologists; qualifications; licensure;
339supervised practice; license renewal; endorsement; continuing
340education.--
341     (1)(a)  A person who is at least 16 years of age may apply
342to take the examination for licensure as a cosmetologist
343desiring to be licensed as a cosmetologist shall apply to the
344department for licensure.
345     (b)  A person desiring to be licensed as a cosmetologist
346shall apply to the department in writing
347     (2)  An applicant shall be eligible for licensure by
348examination to practice cosmetology if the applicant:
349     1.  Has passed the licensure examination, achieving a
350passing grade as established by rule of the board;
351     (a)  Is at least 16 years of age or has received a high
352school diploma;
353     (b)  Pays the required application fee, which is not
354refundable, and the required examination fee, which is
355refundable if the applicant is determined to not be eligible for
356licensure for any reason other than failure to successfully
357complete the licensure examination; and
358     2.(c)1.  Is authorized to practice cosmetology in another
359state or country, has been so authorized for at least 1 year,
360and does not qualify for licensure by endorsement as provided
361for in subsection (5) (6); or
362     3.2.  Has received, before examination, a minimum of 1,200
363hours of training as established by the board, which shall
364include, but shall not be limited to, the equivalent of
365completion of services directly related to the practice of
366cosmetology at one of the following:
367     a.  A school of cosmetology licensed pursuant to chapter
3681005.
369     b.  A cosmetology program within the public school system.
370     c.  The Cosmetology Division of the Florida School for the
371Deaf and the Blind, provided the division meets the standards of
372this chapter.
373     d.  A government-operated cosmetology program in this
374state.
375
376The board shall establish by rule procedures whereby the school
377or program may certify that a person is qualified to take the
378required examination after the completion of a minimum of 1,000
379actual school hours. If the person then passes the examination,
380he or she shall have satisfied this requirement; but if the
381person fails the examination, he or she shall not be qualified
382to take the examination again until the completion of the full
383requirements provided by this section.
384     (2)(3)  An application for the licensure examination for
385any license under this section may be submitted for examination
386approval in the last 100 hours of training by a pregraduate of a
387licensed cosmetology school or a program within the public
388school system, which school or program is certified by the
389Department of Education with fees as required in paragraph
390(2)(b). Upon approval, the applicant may schedule the
391examination on a date when the training hours are completed. An
392applicant shall have 6 months from the date of approval to take
393the examination. After the 6 months have passed, if the
394applicant failed to take the examination, the applicant must
395reapply. The board shall establish by rule the procedures for
396the pregraduate application process.
397     (3)(4)  Upon an applicant receiving a passing grade, as
398established by board rule, demonstrating qualifications under
399this section, on the examination and paying the initial
400licensing fee, the department shall issue a license to practice
401cosmetology.
402     (4)(5)  If an applicant passes all parts of the examination
403for licensure as a cosmetologist, he or she may practice in the
404time between passing the examination and receiving a physical
405copy of his or her license if he or she practices under the
406supervision of a licensed cosmetologist in a licensed salon. An
407applicant who fails any part of the examination may not practice
408as a cosmetologist and may immediately apply for reexamination.
409     (5)(6)  Renewal of license registration shall be
410accomplished pursuant to rules adopted by the board.
411     (6)(7)  The board shall adopt rules specifying procedures
412for the licensure by endorsement of practitioners desiring to be
413licensed in this state who hold a current active license in
414another state and who have met qualifications substantially
415similar to, equivalent to, or greater than the qualifications
416required of applicants from this state.
417     (7)(8)(a)  The board shall prescribe by rule continuing
418education requirements intended to ensure protection of the
419public through updated training of licensees and registered
420specialists, not to exceed 16 hours biennially, as a condition
421for renewal of a license or registration as a specialist under
422this chapter. Continuing education courses shall include, but
423not be limited to, the following subjects as they relate to the
424practice of cosmetology: human immunodeficiency virus and
425acquired immune deficiency syndrome; Occupational Safety and
426Health Administration regulations; workers' compensation issues;
427state and federal laws and rules as they pertain to
428cosmetologists, cosmetology, salons, specialists, specialty
429salons, and booth renters; chemical makeup as it pertains to
430hair, skin, and nails; and environmental issues. Courses given
431at cosmetology conferences may be counted toward the number of
432continuing education hours required if approved by the board.
433     (b)  Any person whose occupation or practice is confined
434solely to hair braiding, hair wrapping, or body wrapping is
435exempt from the continuing education requirements of this
436subsection.
437     (c)  The board may, by rule, require any licensee in
438violation of a continuing education requirement to take a
439refresher course or refresher course and examination in addition
440to any other penalty. The number of hours for the refresher
441course may not exceed 48 hours.
442     Section 16.  Section 481.209, Florida Statutes, is amended
443to read:
444     481.209  Examinations.--
445     (1)(a)  Any person may take the examination for licensure
446as an architect.
447     (b)  A person desiring to be licensed as a registered
448architect shall apply to the department in writing and must to
449take the licensure examination. The department shall administer
450the licensure examination for architects to each applicant who
451the board certifies:
452     1.  Have passed the examination for licensure by achieving
453a passing score as established by rule of the board;
454     (a)  Has completed the application form and remitted a
455nonrefundable application fee and an examination fee which is
456refundable if the applicant is found to be ineligible to take
457the examination;
458     2.(b)1.  Be Is a graduate of:
459     a.  A school or college of architecture accredited by the
460National Architectural Accreditation Board; or
461     b.2.  Is a graduate of An approved architectural
462curriculum, evidenced by a degree from an unaccredited school or
463college of architecture approved by the board. The board shall
464adopt rules providing for the review and approval of
465unaccredited schools and colleges of architecture and courses of
466architectural study based on a review and inspection by the
467board of the curriculum of accredited schools and colleges of
468architecture in the United States; and
469     3.(c)  Have Has completed, before prior to examination, 1
470year of the internship experience required by s. 481.211(1).
471     (2)(a)  Any person may take the examination for licensure
472as an interior designer.
473     (b)  A person desiring to be licensed as a registered
474interior designer shall apply to the department in writing on a
475form prescribed by the department, shall remit a nonrefundable
476application fee, and must for licensure. The department shall
477administer the licensure examination for interior designers to
478each applicant who has completed the application form and
479remitted the application and examination fees specified in s.
480481.207 and who the board certifies:
481     1.  Have passed the examination for licensure;
482     2.(a)  Be Is a graduate from an interior design program of
4835 years or more and have has completed 1 year of diversified
484interior design experience;
485     3.(b)  Be Is a graduate from an interior design program of
4864 years or more and have has completed 2 years of diversified
487interior design experience;
488     4.(c)  Have Has completed at least 3 years in an interior
489design curriculum and have has completed 3 years of diversified
490interior design experience; or
491     5.(d)  Be Is a graduate from an interior design program of
492at least 2 years and have has completed 4 years of diversified
493interior design experience.
494
495Subsequent to October 1, 2000, for the purpose of having the
496educational qualification required under this subsection
497accepted by the board, the applicant must complete his or her
498education at a program, school, or college of interior design
499whose curriculum has been approved by the board as of the time
500of completion. Subsequent to October 1, 2003, all of the
501required amount of educational credits shall have been obtained
502in a program, school, or college of interior design whose
503curriculum has been approved by the board, as of the time each
504educational credit is gained. The board shall adopt rules
505providing for the review and approval of programs, schools, and
506colleges of interior design and courses of interior design study
507based on a review and inspection by the board of the curriculum
508of programs, schools, and colleges of interior design in the
509United States, including those programs, schools, and colleges
510accredited by the Foundation for Interior Design Education
511Research. The board shall adopt rules providing for the review
512and approval of diversified interior design experience required
513by this subsection.
514     Section 17.  Subsection (8) is added to section 481.213,
515Florida Statutes, to read:
516     481.213  Licensure.--
517     (3)  The board shall certify as qualified for a license by
518endorsement as an architect or as an interior designer an
519applicant who:
520     (8)  A nonresident who has been licensed in good standing
521for at least 2 years in another state qualifies for licensure in
522this state if such nonresident completes a course on Florida
523laws and rules and passes the resulting examination.
524     Section 18.  Present subsections (3) and (4) of section
525489.111, Florida Statutes, are renumbered as subsections (4) and
526(5), respectively, and a new subsection (3) is added to that
527section, to read:
528     489.111  Licensure by examination.--
529     (3)  Successfully passing a prelicensure course approved by
530the Construction Industry Licensing Board and established by
531department rule may be substituted for the experience
532requirements set forth in subsection (2).
533     Section 19.  Subsection (10) is added to section 489.115,
534Florida Statutes, to read:
535     489.115  Certification and registration; endorsement;
536reciprocity; renewals; continuing education.--
537     (10)  A nonresident who has been licensed or certified in
538good standing for at least 2 years in another state qualifies
539for certification in this state if such nonresident completes a
540course on Florida laws and rules and passes the resulting
541examination.
542     Section 20.  Section 489.118, Florida Statutes, is amended
543to read:
544     489.118  Certification of registered contractors;
545grandfathering provisions.--The board shall, upon receipt of a
546completed application and appropriate fee, issue a certificate
547in the appropriate category to any contractor registered under
548this part who makes application to the board and can show that
549he or she meets each of the following requirements:
550     (1)  Currently holds a valid registered local license in
551one of the contractor categories defined in s. 489.105(3)(a)-
552(p).
553     (2)  Has, for that category, passed a written examination
554that the board finds to be substantially similar to the
555examination required to be licensed as a certified contractor
556under this part. For purposes of this subsection, a written,
557proctored examination such as that produced by the National
558Assessment Institute, Block and Associates, NAI/Block, Experior
559Assessments, Professional Testing, Inc., or Assessment Systems,
560Inc., is shall be considered to be substantially similar to the
561examination required to be licensed as a certified contractor.
562The board may not impose or make any requirements regarding the
563nature or content of these cited examinations.
564     (3)  Has at least 5 years of experience as a contractor in
565that contracting category, or as an inspector or building
566administrator with oversight over that category, at the time of
567application. For contractors, only time periods in which the
568contractor license is active and the contractor is not on
569probation shall count toward the 5 years required by this
570subsection.
571     (4)  Has not had his or her contractor's license revoked at
572any time, had his or her contractor's license suspended within
573the last 5 years, or been assessed a fine in excess of $500
574within the last 5 years.
575     (5)  Is in compliance with the insurance and financial
576responsibility requirements in s. 489.115(5).
577
578Applicants wishing to obtain a certificate pursuant to this
579section must make application by November 1, 2005.
580     Section 21.  Subsection (7) is added to section 489.511,
581Florida Statutes, to read:
582     489.511  Certification; application; examinations;
583endorsement.--
584     (7)  A nonresident who has been licensed or certified in
585good standing for at least 2 years in another state qualifies
586for certification in this state if such nonresident completes a
587course on Florida laws and rules and passes the resulting
588examination.
589     Section 22.  Paragraph (b) of subsection (1) of section
590489.515, Florida Statutes, is amended to read:
591     489.515  Issuance of certificates; registrations.--
592     (1)
593     (b)  The board shall certify as qualified for certification
594any person who satisfies the requirements of s. 489.511 and who
595submits satisfactory evidence that he or she has obtained both
596workers' compensation insurance or an acceptable exemption
597certificate issued by the department and public liability and
598property damage insurance for the health, safety, and welfare of
599the public in amounts determined by rule of the board, and
600furnishes evidence of financial responsibility, credit, and
601business reputation of either himself or herself or the business
602organization he or she desires to qualify. The board may adopt
603rules authorizing an alternative means by which an applicant may
604demonstrate financial responsibility by requiring minimum credit
605scores or bonds payable as prescribed by rule for financially
606responsible officers under s. 489.1195.
607     Section 23.  Subsection (1) of section 492.105, Florida
608Statutes, is amended to read:
609     492.105  Licensure by examination; requirements; fees.--
610     (1)(a)  Any person who is at least 18 years of age may take
611the examination for licensure as a geologist.
612     (b)  Any person desiring to be licensed as a professional
613geologist shall apply to the department in writing on a form
614adopted by the department, shall remit a nonrefundable
615application fee, and must to take the licensure examination. The
616written licensure examination shall be designed to test an
617applicant's qualifications to practice professional geology, and
618shall include such subjects as will tend to ascertain the
619applicant's knowledge of the theory and the practice of
620professional geology and may include such subjects as are taught
621in curricula of accredited colleges and universities. The
622department shall examine each applicant who the board certifies:
623     1.  Have passed the examination for licensure by achieving
624a passing score as established by rule of the board.
625     (a)  Has completed the application form and remitted a
626nonrefundable application fee and an examination fee which is
627refundable if the applicant is found to be ineligible to take
628the examination.
629     (b)  Is at least 18 years of age.
630     2.(c)  Have Has not committed any act or offense in any
631jurisdiction which would constitute the basis for disciplining a
632professional geologist licensed pursuant to this chapter.
633     3.(d)  Fulfill Fulfills the following educational
634requirements at a college or university the geological curricula
635of which meet the criteria established by an accrediting agency
636recognized by the United States Department of Education:
637     a.1.  Graduation from such college or university with a
638major in geology or other related science acceptable to the
639board; and
640     b.2.  Satisfactory completion of at least 30 semester hours
641of geological courses, 24 of which must be at the third or
642fourth year or graduate level.
643     4.(e)  Have Has at least 7 years of professional geological
644work experience, which shall include a minimum of 3 years of
645professional geological work under the supervision of a licensed
646or qualified geologist or professional engineer registered under
647chapter 471 as qualified in the field or discipline of
648professional engineering involved; or have a minimum of 5
649accumulative years' experience in responsible charge of
650geological work. The following criteria of education and
651experience qualify, as specified, toward accumulation of the
652required 7 years of professional geological work:
653     a.1.  Each year of undergraduate study in the geological
654sciences shall count as 1/2 year of the experience requirement,
655up to a maximum of 2 years, and each year of graduate study
656shall count as 1 year of the experience requirement.
657     b.2.  Credit for undergraduate study, graduate study, and
658graduate courses, individually or in any combination thereof,
659shall in no case exceed a total of 2 years toward meeting the
660requirements for at least 7 years of professional geological
661work.
662     c.3.  Full-time teaching or research in the geological
663sciences at the college level shall be credited year for year
664toward meeting the requirement in this category.
665     d.4.  The ability of the applicant shall have been
666demonstrated by his or her having performed the work in a
667responsible position as determined by the board.
668     Section 24.  Paragraph (a) of subsection (1) of section
669492.108, Florida Statutes, is amended to read:
670     492.108  Licensure by endorsement; requirements; fees.--
671     (1)  The department shall issue a license by endorsement to
672any applicant who, upon applying to the department and remitting
673an application fee, has been certified by the board that he or
674she:
675     (a)  Has met the qualifications for licensure in s.
676492.105(1) s. 492.105(1)(b)-(e).
677     Section 25.  This act shall take effect upon becoming a
678law.


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