1 | A bill to be entitled |
2 | An act relating to the regulation of professions; amending |
3 | s. 455.203, F.S.; requiring the Department of Business and |
4 | Professional Regulation to increase the renewal period for |
5 | licenses from biennially to quadrennially; amending s. |
6 | 455.2124, F.S.; authorizing a board or the department to |
7 | require completion of certain continuing education |
8 | requirements by inactive licensees seeking to regain |
9 | active status; amending s. 455.2179, F.S.; revising fees |
10 | for approval of continuing education providers and courses |
11 | to conform to the quadrennial license renewal periods |
12 | required by the act; amending s. 455.2228, F.S.; |
13 | conforming the continuing education requirements for |
14 | recertification or relicensing under the Barbers' Act and |
15 | the Florida Cosmetology Act to the quadrennial license |
16 | renewal periods required by this act; amending s. |
17 | 455.2281, F.S.; revising the unlicensed activity fees |
18 | imposed upon renewal of a license to conform to the |
19 | quadrennial renewal periods required by the act; amending |
20 | s. 455.271, F.S.; authorizing a delinquent status licensee |
21 | whose license expires to submit a written request for a |
22 | grace period to reactivate the license; requiring such |
23 | licensee to pay a fee and complete certain continuing |
24 | education requirements; revising the continuing education |
25 | and fee requirements for changing the status of an |
26 | inactive or delinquent license to conform to the |
27 | quadrennial renewal periods required by the act; amending |
28 | s. 455.273, F.S.; conforming requirements for license |
29 | renewal notices to the quadrennial renewal periods |
30 | required by the act; amending ss. 468.3851 and 468.3852, |
31 | F.S.; increasing the renewal period for auctioneer |
32 | licenses; revising requirements for license reactivation |
33 | fees to conform to the increased renewal period; amending |
34 | s. 468.403, F.S.; providing conditions under which a |
35 | nonresident licensed as a talent agency in another state |
36 | qualifies for licensure in this state; amending ss. |
37 | 468.404, 468.4336, and 468.435, F.S.; increasing the |
38 | license renewal periods for talent agencies and community |
39 | association managers; revising license and renewal fees to |
40 | conform to the increased renewal period; amending s. |
41 | 468.453, F.S.; revising license fees for athlete agents to |
42 | conform to the quadrennial renewal periods required by the |
43 | act; providing conditions under which a nonresident |
44 | licensed as an athlete agent in another state qualifies |
45 | for licensure in this state; amending s. 468.525, F.S.; |
46 | providing conditions under which a nonresident licensed as |
47 | an employee leasing company in another state qualifies for |
48 | licensure in this state; amending ss. 468.526 and 468.527, |
49 | F.S.; increasing the license renewal period for employee |
50 | leasing companies and employee leasing company groups; |
51 | revising license and renewal fees to conform to the |
52 | increased renewal period; amending s. 468.613, F.S.; |
53 | providing conditions under which a nonresident licensed or |
54 | certified as a building code administrator or inspector in |
55 | another state qualifies for certification in this state; |
56 | amending ss. 468.8315, 468.8412, and 468.8415, F.S.; |
57 | increasing the license renewal periods for home |
58 | inspectors, mold assessors, and mold remediators; revising |
59 | license and renewal fees to conform to the increased |
60 | renewal periods; amending s. 469.004, F.S.; revising |
61 | continuing education requirements relating to asbestos |
62 | abatement to conform to the quadrennial license renewal |
63 | period required by the act; amending s. 469.005, F.S.; |
64 | providing conditions under which a nonresident licensed as |
65 | an asbestos consultant or asbestos contractor in another |
66 | state qualifies for licensure in this state; amending s. |
67 | 469.008, F.S.; revising certain fees relating to asbestos |
68 | abatement to conform to the quadrennial license renewal |
69 | period required by the act; amending ss. 471.011 and |
70 | 471.017, F.S.; increasing the license renewal period for |
71 | engineers; revising license and renewal fees to conform to |
72 | the increased renewal period; amending ss. 472.011 and |
73 | 472.017, F.S.; increasing the license renewal period for |
74 | professional surveyors and mappers; revising license and |
75 | renewal fees to conform to the increased renewal period; |
76 | amending ss. 473.305 and 473.311, F.S.; increasing the |
77 | license renewal period for certified public accountants; |
78 | revising license renewal fees to conform to the increased |
79 | renewal period; amending ss. 474.2065 and 474.211, F.S.; |
80 | increasing the license renewal period for veterinarians; |
81 | revising the license fee to conform to the increased |
82 | renewal period; amending s. 474.217, F.S.; revising the |
83 | period during which a nonresident licensed as a |
84 | veterinarian in another state may be licensed by |
85 | endorsement in this state; amending s. 475.180, F.S.; |
86 | providing conditions under which a nonresident licensed as |
87 | a real estate broker, broker associate, or sales associate |
88 | in another state qualifies for licensure in this state; |
89 | amending s. 475.182, F.S.; revising continuing education |
90 | requirements for real estate brokers, broker associates, |
91 | and sales associates to conform to the quadrennial license |
92 | renewal periods required by the act; amending s. 476.114, |
93 | F.S.; authorizing certain persons to take the examination |
94 | for licensure as a barber; requiring that certain persons |
95 | desiring to be a barber apply to the department in writing |
96 | under certain conditions; amending s. 476.144, F.S.; |
97 | conforming a cross-reference; amending ss. 476.154 and |
98 | 476.192, F.S.; increasing the license renewal period for |
99 | barbers; revising license and renewal fees to conform to |
100 | the increased renewal period; amending s. 477.019, F.S.; |
101 | authorizing certain persons to take the examination for |
102 | licensure as a cosmetologist; requiring that certain |
103 | persons desiring to be a cosmetologist apply to the |
104 | department in writing under certain conditions; revising |
105 | the continuing education requirements for cosmetology |
106 | licensees and registered specialists to conform to the |
107 | quadrennial license renewal period required by the act; |
108 | amending s. 477.026, F.S.; revising certain fees for |
109 | cosmetologists, specialty salons, specialists, hair |
110 | braiders and wrappers, and body wrappers to conform to the |
111 | quadrennial license renewal period required by the act; |
112 | amending s. 481.207, F.S.; revising license renewal and |
113 | delinquency fees for architects and interior designers to |
114 | conform to the quadrennial license renewal period required |
115 | by the act; amending s. 481.209, F.S.; authorizing any |
116 | person meeting certain criteria to take the examination |
117 | for licensure as an interior designer; requiring that such |
118 | persons apply to the department in writing and remit a |
119 | nonrefundable application fee; requiring the department to |
120 | adopt the application form; amending s. 481.215, F.S.; |
121 | increasing the license renewal period for architects and |
122 | interior designers; revising continuing education |
123 | requirements to conform to the increased renewal period; |
124 | amending ss. 481.307 and 481.313, F.S.; increasing the |
125 | license renewal period for landscape architects; revising |
126 | license renewal fees and continuing education requirements |
127 | to conform to the increased renewal period; amending s. |
128 | 489.109, F.S.; revising certain fees for construction |
129 | contractors to conform to the quadrennial license renewal |
130 | periods required by the act; amending s. 489.111, F.S.; |
131 | authorizing a person applying for licensure as a |
132 | contractor to substitute for certain experience |
133 | requirements the passing of a prelicensure course approved |
134 | by the Construction Industry Licensing Board and |
135 | established by department rule; amending s. 489.115, F.S.; |
136 | revising the continuing education requirements for |
137 | contractor certificateholders and registrants to conform |
138 | to the quadrennial certification and registration renewal |
139 | periods required by the act; providing conditions under |
140 | which a nonresident licensed or certified as a contractor |
141 | in another state qualifies for certification in this |
142 | state; amending s. 489.118, F.S.; deleting an obsolete |
143 | provision; amending s. 489.509, F.S.; revising certain |
144 | fees for electrical and alarm system contractors to |
145 | conform to the quadrennial certification and registration |
146 | renewal periods required by the act; amending s. 489.511, |
147 | F.S.; providing conditions under which a nonresident |
148 | licensed or certified as an electrical or alarm system |
149 | contractor in another state qualifies for certification in |
150 | this state; amending s. 489.515, F.S.; authorizing the |
151 | Electrical Contractors' Licensing Board to adopt certain |
152 | alternative means by which an applicant for certification |
153 | may demonstrate financial responsibility; amending s. |
154 | 489.517, F.S.; increasing the certification and |
155 | registration renewal periods for electrical and alarm |
156 | system contractors; revising the continuing education |
157 | requirements for electrical and alarm system contractors |
158 | to conform to the increased renewal periods; amending s. |
159 | 492.104, F.S.; revising the license renewal fees for |
160 | professional geologists to conform to the quadrennial |
161 | license renewal period required by the act; amending s. |
162 | 492.105, F.S.; requiring that a person desiring to be |
163 | licensed in this state as a professional geologist apply |
164 | to the department in writing, remit a nonrefundable |
165 | application fee, and meet certain requirements; requiring |
166 | the department to adopt the application form; amending s. |
167 | 492.108, F.S.; conforming a cross-reference; amending ss. |
168 | 492.109 and 492.111, F.S.; increasing the license renewal |
169 | period for professional geologists; revising the |
170 | continuing education requirements for professional |
171 | geologists to conform to the increased renewal period; |
172 | providing an effective date. |
173 |
|
174 | Be It Enacted by the Legislature of the State of Florida: |
175 |
|
176 | Section 1. Subsection (1) of section 455.203, Florida |
177 | Statutes, is amended to read: |
178 | 455.203 Department; powers and duties.--The department, |
179 | for the boards under its jurisdiction, shall: |
180 | (1) Effective June 30, 2010, adopt rules requiring |
181 | establishing a procedure for the quadrennial biennial renewal of |
182 | licenses; however, the department may issue up to a 4-year |
183 | license to selected licensees notwithstanding any other |
184 | provisions of law to the contrary. Fees for such renewal shall |
185 | not exceed the fee caps for individual professions on an |
186 | annualized basis as authorized by law. |
187 | Section 2. Section 455.2124, Florida Statutes, is amended |
188 | to read: |
189 | 455.2124 Proration of or not requiring continuing |
190 | education.--A board, or the department when there is no board, |
191 | may: |
192 | (1) Prorate continuing education for new licensees by |
193 | requiring half of the required continuing education for any |
194 | applicant who becomes licensed with more than half the renewal |
195 | period remaining and no continuing education for any applicant |
196 | who becomes licensed with half or less than half of the renewal |
197 | period remaining; or |
198 | (2) Require no continuing education until the first full |
199 | renewal cycle of the licensee; or. |
200 | (3) Require the completion of no more than one renewal |
201 | cycle of continuing education requirements by an inactive |
202 | licensee seeking to regain active status. |
203 |
|
204 | These options shall also apply when continuing education is |
205 | first required or the number of hours required is increased by |
206 | law or the board, or the department when there is no board. |
207 | Section 3. Subsection (3) of section 455.2179, Florida |
208 | Statutes, is amended to read: |
209 | 455.2179 Continuing education provider and course |
210 | approval; cease and desist orders.-- |
211 | (3) Each board authorized to approve continuing education |
212 | providers, or the department if there is no board, may |
213 | establish, by rule, a fee not to exceed $500 $250 for anyone |
214 | seeking approval to provide continuing education courses and may |
215 | establish, by rule, a quadrennial biennial fee not to exceed |
216 | $500 $250 for the renewal of providership of such courses. The |
217 | Florida Real Estate Commission, authorized under the provisions |
218 | of chapter 475 to approve prelicensure, precertification, and |
219 | postlicensure education providers, may establish, by rule, an |
220 | application fee not to exceed $500 $250 for anyone seeking |
221 | approval to offer prelicensure, precertification, or |
222 | postlicensure education courses and may establish, by rule, a |
223 | quadrennial biennial fee not to exceed $500 $250 for the renewal |
224 | of such courses. Such postlicensure education courses are |
225 | subject to the reporting, monitoring, and compliance provisions |
226 | of this section and ss. 455.2177 and 455.2178. |
227 | Section 4. Subsections (1) and (2) of section 455.2228, |
228 | Florida Statutes, are amended to read: |
229 | 455.2228 Barbers and cosmetologists; instruction on HIV |
230 | and AIDS.-- |
231 | (1) The board, or the department where there is no board, |
232 | shall require each person licensed or certified under chapter |
233 | 476 or chapter 477 to complete a continuing educational course |
234 | approved by the board, or the department where there is no |
235 | board, on human immunodeficiency virus and acquired immune |
236 | deficiency syndrome as part of quadrennial biennial relicensure |
237 | or recertification. The course shall consist of education on |
238 | modes of transmission, infection control procedures, clinical |
239 | management, and prevention of human immunodeficiency virus and |
240 | acquired immune deficiency syndrome, with an emphasis on |
241 | appropriate behavior and attitude change. |
242 | (2) When filing fees for each quadrennial biennial |
243 | renewal, each licensee shall submit confirmation of having |
244 | completed said course, on a form provided by the board or by the |
245 | department if there is no board. At the time of the subsequent |
246 | quadrennial biennial renewal when coursework is to be completed, |
247 | if the licensee has not submitted confirmation which has been |
248 | received and recorded by the board, or department if there is no |
249 | board, the department shall not renew the license. |
250 | Section 5. Section 455.2281, Florida Statutes, is amended |
251 | to read: |
252 | 455.2281 Unlicensed activities; fees; disposition.--In |
253 | order to protect the public and to ensure a consumer-oriented |
254 | department, it is the intent of the Legislature that vigorous |
255 | enforcement of regulation for all professional activities is a |
256 | state priority. All enforcement costs should be covered by |
257 | professions regulated by the department. Therefore, the |
258 | department shall impose, upon initial licensure and each renewal |
259 | thereof, a special fee of $10 $5 per licensee. Such fee shall be |
260 | in addition to all other fees collected from each licensee and |
261 | shall fund efforts to combat unlicensed activity. Any profession |
262 | regulated by the department which offers services that are not |
263 | subject to regulation when provided by an unlicensed person may |
264 | use funds in its unlicensed activity account to inform the |
265 | public of such situation. The board with concurrence of the |
266 | department, or the department when there is no board, may |
267 | earmark $10 $5 of the current licensure fee for this purpose, if |
268 | such board, or profession regulated by the department, is not in |
269 | a deficit and has a reasonable cash balance. A board or |
270 | profession regulated by the department may authorize the |
271 | transfer of funds from the operating fund account to the |
272 | unlicensed activity account of that profession if the operating |
273 | fund account is not in a deficit and has a reasonable cash |
274 | balance. The department shall make direct charges to this fund |
275 | by profession and shall not allocate indirect overhead. The |
276 | department shall seek board advice regarding enforcement methods |
277 | and strategies before prior to expenditure of funds; however, |
278 | the department may, without board advice, allocate funds to |
279 | cover the costs of continuing education compliance monitoring |
280 | under s. 455.2177. The department shall directly credit, by |
281 | profession, revenues received from the department's efforts to |
282 | enforce licensure provisions. The department shall include all |
283 | financial and statistical data resulting from unlicensed |
284 | activity enforcement and from continuing education compliance |
285 | monitoring as separate categories in the quarterly management |
286 | report provided for in s. 455.219. The department shall not |
287 | charge the account of any profession for the costs incurred on |
288 | behalf of any other profession. For an unlicensed activity |
289 | account, a balance which remains at the end of a renewal cycle |
290 | may, with concurrence of the applicable board and the |
291 | department, be transferred to the operating fund account of that |
292 | profession. |
293 | Section 6. Paragraph (a) of subsection (6) and subsections |
294 | (7), (8), and (10) of section 455.271, Florida Statutes, are |
295 | amended to read: |
296 | 455.271 Inactive and delinquent status.-- |
297 | (6)(a) A delinquent status licensee must affirmatively |
298 | apply with a complete application, as defined by rule of the |
299 | board, or the department if there is no board, for active or |
300 | inactive status during the licensure cycle in which a licensee |
301 | becomes delinquent. Failure by a delinquent status licensee to |
302 | become active or inactive before the expiration of the current |
303 | licensure cycle renders shall render the license void without |
304 | any further action by the board or the department. Upon |
305 | expiration of the license, the licensee may request in writing a |
306 | grace period of 45 calendar days for the reactivation of the |
307 | license. Along with the written request, the licensee must pay a |
308 | fee not to exceed $50 and complete one renewal cycle of |
309 | continuing education requirements. |
310 |
|
311 | This subsection does not apply to individuals subject to |
312 | regulation under chapter 473. |
313 | (7) Each board, or the department when there is no board, |
314 | shall, by rule, impose an additional delinquency fee, not to |
315 | exceed the quadrennial biennial renewal fee for an active status |
316 | license, on a delinquent status licensee when such licensee |
317 | applies for active or inactive status. |
318 | (8) Each board, or the department when there is no board, |
319 | shall, by rule, impose an additional fee, not to exceed the |
320 | quadrennial biennial renewal fee for an active status license, |
321 | for processing a licensee's request to change licensure status |
322 | at any time other than at the beginning of a licensure cycle. |
323 | (10) Before reactivation, an inactive or delinquent |
324 | licensee shall meet the same continuing education requirements, |
325 | if any, imposed on an active status licensee for all quadrennial |
326 | biennial licensure periods in which the licensee was inactive or |
327 | delinquent. |
328 | Section 7. Subsection (2) of section 455.273, Florida |
329 | Statutes, is amended to read: |
330 | 455.273 Renewal and cancellation notices.-- |
331 | (2) Each licensure renewal notification and each notice of |
332 | pending cancellation of licensure must state conspicuously that |
333 | a licensee who remains on inactive status for more than two |
334 | consecutive quadrennial biennial licensure cycles and who wishes |
335 | to reactivate the license may be required to demonstrate the |
336 | competency to resume active practice by sitting for a special |
337 | purpose examination or by completing other reactivation |
338 | requirements, as defined by rule of the board or the department |
339 | when there is no board. |
340 | Section 8. Subsection (2) of section 468.3851, Florida |
341 | Statutes, is amended to read: |
342 | 468.3851 Renewal of license.-- |
343 | (2) The department shall adopt rules establishing a |
344 | procedure for the quadrennial biennial renewal of licenses. |
345 | Section 9. Section 468.3852, Florida Statutes, is amended |
346 | to read: |
347 | 468.3852 Reactivation of license; fee.--The board shall |
348 | prescribe by rule a fee not to exceed $250 for the reactivation |
349 | of an inactive license. The fee shall be in addition to the |
350 | current quadrennial biennial renewal fee. |
351 | Section 10. Subsection (10) is added to section 468.403, |
352 | Florida Statutes, to read: |
353 | 468.403 License requirements.-- |
354 | (10) A nonresident who has been licensed in good standing |
355 | for at least 2 years in another state qualifies for licensure in |
356 | this state if the nonresident completes a course on Florida laws |
357 | and rules and passes the resulting examination. |
358 | Section 11. Subsection (1) of section 468.404, Florida |
359 | Statutes, is amended to read: |
360 | 468.404 License; fees; renewals.-- |
361 | (1) The department by rule shall establish quadrennial |
362 | biennial fees for initial licensing, renewal of license, and |
363 | reinstatement of license, none of which fees shall exceed $800 |
364 | $400. The department may by rule establish a delinquency fee of |
365 | no more than $50. The fees shall be adequate to proportionately |
366 | fund the expenses of the department which are allocated to the |
367 | regulation of talent agencies and shall be based on the |
368 | department's estimate of the revenue required to administer this |
369 | part. |
370 | Section 12. Subsection (2) of section 468.4336, Florida |
371 | Statutes, is amended to read: |
372 | 468.4336 Renewal of license.-- |
373 | (2) The department shall adopt rules establishing a |
374 | procedure for the quadrennial biennial renewal of licenses. |
375 | Section 13. Paragraphs (c) and (d) of subsection (1) of |
376 | section 468.435, Florida Statutes, are amended to read: |
377 | 468.435 Fees; establishment; disposition.-- |
378 | (1) The council shall, by rule, establish fees for the |
379 | described purposes and within the ranges specified in this |
380 | section: |
381 | (c) Initial license fee: not less than $50 $25, or more |
382 | than $200 $100. |
383 | (d) Renewal of license fee: not less than $50 $25, or more |
384 | than $200 $100. |
385 | Section 14. Paragraph (c) of subsection (2) of section |
386 | 468.453, Florida Statutes, is amended, and subsection (8) is |
387 | added to that section, to read: |
388 | 468.453 Licensure required; qualifications; license |
389 | nontransferable; service of process; temporary license; license |
390 | or application from another state.-- |
391 | (2) A person shall be licensed as an athlete agent if the |
392 | applicant: |
393 | (c) Has completed the application form and remitted an |
394 | application fee not to exceed $500, an active licensure fee not |
395 | to exceed $4,000 $2,000, and all other applicable fees provided |
396 | for in this part or in chapter 455. |
397 | (8) A nonresident who has been licensed in good standing |
398 | for at least 2 years in another state qualifies for licensure in |
399 | this state if the nonresident completes a course on Florida laws |
400 | and rules and passes the resulting examination. |
401 | Section 15. Subsection (5) is added to section 468.525, |
402 | Florida Statutes, to read: |
403 | 468.525 License requirements.-- |
404 | (5) A nonresident who has been licensed in good standing |
405 | for 2 years in another state qualifies for licensure in this |
406 | state contingent upon each owner's or operator's completion of a |
407 | criminal background investigation as provided for in this part. |
408 | The board may deny an applicant for lack of good moral character |
409 | as provided in this part. |
410 | Section 16. Subsections (3), (4), and (5) of section |
411 | 468.526, Florida Statutes, are amended to read: |
412 | 468.526 License required; fees.-- |
413 | (3) Each employee leasing company and employee leasing |
414 | company group licensee shall pay to the department upon the |
415 | initial issuance of a license and upon each renewal thereafter a |
416 | license fee not to exceed $5,000 $2,500 to be established by the |
417 | board. In addition to the license fee, the board shall establish |
418 | an annual assessment for each employee leasing company and each |
419 | employee leasing company group sufficient to cover all costs for |
420 | regulation of the profession pursuant to this chapter, chapter |
421 | 455, and any other applicable provisions of law. The annual |
422 | assessment shall: |
423 | (a) Be due and payable upon initial licensure and |
424 | subsequent renewals thereof and 1 year before the expiration of |
425 | any licensure period; and |
426 | (b) Be based on a fixed percentage, variable classes, or a |
427 | combination of both, as determined by the board, of gross |
428 | Florida payroll for employees leased to clients by the applicant |
429 | or licensee during the period beginning five quarters before and |
430 | ending one quarter before each assessment. It is the intent of |
431 | the Legislature that the greater weight of total fees for |
432 | licensure and assessments should be on larger companies and |
433 | groups. |
434 | (4) The total licensure fee and annual assessments during |
435 | a licensure period shall not exceed: |
436 | (a) Twenty Ten thousand dollars for an employee leasing |
437 | company. |
438 | (b) Twenty-eight Fourteen thousand dollars for an employee |
439 | leasing company group. |
440 | (5) Each controlling person licensee shall pay to the |
441 | department upon the initial issuance of a license and upon each |
442 | renewal thereafter a license fee to be established by the board |
443 | in an amount not to exceed $4,000 $2,000. |
444 | Section 17. Subsection (2) of section 468.527, Florida |
445 | Statutes, is amended to read: |
446 | 468.527 Licensure and license renewal.-- |
447 | (2) Each license issued to an employee leasing company, |
448 | employee leasing company group, or controlling person shall be |
449 | renewed quadrennially biennially. The department shall renew a |
450 | license upon receipt of a renewal application and the applicable |
451 | renewal fee. |
452 | Section 18. Section 468.613, Florida Statutes, is amended |
453 | to read: |
454 | 468.613 Certification by endorsement.--The board shall |
455 | examine other certification or training programs, as applicable, |
456 | upon submission to the board for its consideration of an |
457 | application for certification by endorsement. The board shall |
458 | waive its examination, qualification, education, or training |
459 | requirements, to the extent that such examination, |
460 | qualification, education, or training requirements of the |
461 | applicant are determined by the board to be comparable with |
462 | those established by the board. A nonresident who has been |
463 | licensed or certified in good standing for at least 2 years in |
464 | another state qualifies for certification in this state if the |
465 | nonresident completes a course on Florida laws and rules and |
466 | passes the resulting examination. |
467 | Section 19. Subsection (2) of section 468.8315, Florida |
468 | Statutes, is amended to read: |
469 | 468.8315 Renewal of license.-- |
470 | (2) The department shall adopt rules establishing a |
471 | procedure for the quadrennial biennial renewal of licenses. |
472 | Section 20. Subsections (3), (4), (5), (6), and (7) of |
473 | section 468.8412, Florida Statutes, are amended to read: |
474 | 468.8412 Fees.-- |
475 | (3) The fee for an initial license shall not exceed $400 |
476 | $200. |
477 | (4) The fee for an initial certificate of authorization |
478 | shall not exceed $400 $200. |
479 | (5) The fee for a quadrennial biennial license renewal |
480 | shall not exceed $800 $400. |
481 | (6) The fee for a quadrennial biennial certificate of |
482 | authorization renewal shall not exceed $800 $400. |
483 | (7) The fee for licensure by endorsement shall not exceed |
484 | $400 $200. |
485 | Section 21. Subsection (2) of section 468.8415, Florida |
486 | Statutes, is amended to read: |
487 | 468.8415 Renewal of license.-- |
488 | (2) The department shall adopt rules establishing a |
489 | procedure for the quadrennial biennial renewal of licenses. |
490 | Section 22. Subsection (3) of section 469.004, Florida |
491 | Statutes, is amended to read: |
492 | 469.004 License; asbestos consultant; asbestos |
493 | contractor.-- |
494 | (3) A license issued under this chapter must be renewed |
495 | every 4 2 years. Before an asbestos contractor's license may be |
496 | renewed, the licensee must complete a 1-day course of continuing |
497 | education during each of the preceding 4 2 years. Before an |
498 | asbestos consultant's license may be renewed, the licensee must |
499 | complete a 2-day course of continuing education during each of |
500 | the preceding 4 2 years. |
501 | Section 23. Subsection (7) is added to section 469.005, |
502 | Florida Statutes, to read: |
503 | 469.005 License requirements.--All applicants for |
504 | licensure as either asbestos consultants or asbestos contractors |
505 | shall: |
506 | (7) If he or she is a nonresident who has been licensed in |
507 | good standing for at least 2 years in another state, qualify for |
508 | licensure in this state if he or she completes a course on |
509 | Florida laws and rules and passes the resulting examination. |
510 | Section 24. Section 469.008, Florida Statutes, is amended |
511 | to read: |
512 | 469.008 Fees.--The department shall establish, by rule, |
513 | reasonable fees to be paid for applications, examinations, |
514 | licensing and renewal, recordmaking, and recordkeeping. Fees for |
515 | application, initial licensure, renewal, or reactivation may not |
516 | exceed $1,000 $500 per applicant. The department may, by rule, |
517 | establish late renewal penalty fees, in an amount not to exceed |
518 | the initial licensure fee. |
519 | Section 25. Subsections (3), (4), (5), and (7) of section |
520 | 471.011, Florida Statutes, are amended to read: |
521 | 471.011 Fees.-- |
522 | (3) The initial license fee shall not exceed $250 $125. |
523 | (4) The fee for a certificate of authorization shall not |
524 | exceed $250 $125. |
525 | (5) The quadrennial biennial renewal fee shall not exceed |
526 | $250 $125. |
527 | (7) The fee for licensure by endorsement shall not exceed |
528 | $300 $150. |
529 | Section 26. Subsection (2) of section 471.017, Florida |
530 | Statutes, is amended to read: |
531 | 471.017 Renewal of license.-- |
532 | (2) The board shall adopt rules establishing a procedure |
533 | for the quadrennial biennial renewal of licenses. |
534 | Section 27. Subsections (3), (4), (5), and (7) of section |
535 | 472.011, Florida Statutes, are amended to read: |
536 | 472.011 Fees.-- |
537 | (3) The initial license fee shall not exceed $400 $200. |
538 | (4) The fee for a certificate of authorization shall not |
539 | exceed $250 $125. |
540 | (5) The quadrennial biennial renewal fee shall not exceed |
541 | $1,000 $500. |
542 | (7) The fee for licensure by endorsement shall not exceed |
543 | $400 $200. |
544 | Section 28. Subsection (2) of section 472.017, Florida |
545 | Statutes, is amended to read: |
546 | 472.017 Renewal of license.-- |
547 | (2) The department shall adopt rules establishing a |
548 | procedure for the quadrennial biennial renewal of licenses. |
549 | Section 29. Section 473.305, Florida Statutes, is amended |
550 | to read: |
551 | 473.305 Fees.--The board, by rule, may establish fees to |
552 | be paid for applications, examination, reexamination, licensing |
553 | and renewal, reinstatement, and recordmaking and recordkeeping. |
554 | The fee for the examination shall be established at an amount |
555 | that covers the costs for the procurement or development, |
556 | administration, grading, and review of the examination. The fee |
557 | for the examination is refundable if the applicant is found to |
558 | be ineligible to sit for the examination. The fee for initial |
559 | application is nonrefundable, and the combined fees for |
560 | application and examination may not exceed $250 plus the actual |
561 | per applicant cost to the department for purchase of the |
562 | examination from the American Institute of Certified Public |
563 | Accountants or a similar national organization. The quadrennial |
564 | biennial renewal fee may not exceed $500 $250. The board may |
565 | also establish, by rule, a reactivation fee, a late filing fee |
566 | for the law and rules examination, and a delinquency fee not to |
567 | exceed $50 for continuing professional education reporting |
568 | forms. The board shall establish fees which are adequate to |
569 | ensure the continued operation of the board and to fund the |
570 | proportionate expenses incurred by the department which are |
571 | allocated to the regulation of public accountants. Fees shall be |
572 | based on department estimates of the revenue required to |
573 | implement this chapter and the provisions of law with respect to |
574 | the regulation of certified public accountants. |
575 | Section 30. Subsection (2) of section 473.311, Florida |
576 | Statutes, is amended to read: |
577 | 473.311 Renewal of license.-- |
578 | (2) The department shall adopt rules establishing a |
579 | procedure for the quadrennial biennial renewal of licenses. |
580 | Section 31. Section 474.2065, Florida Statutes, is amended |
581 | to read: |
582 | 474.2065 Fees.--The board, by rule, shall establish fees |
583 | for application and examination, reexamination, license renewal, |
584 | inactive status, renewal of inactive status, license |
585 | reactivation, periodic inspection of veterinary establishments, |
586 | and duplicate copies of licenses, certificates, and permits. The |
587 | fee for the initial application and examination may not exceed |
588 | $650 plus the actual per applicant cost to the department for |
589 | purchase of portions of the examination from the Professional |
590 | Examination Service for the American Veterinary Medical |
591 | Association or a similar national organization. The fee for |
592 | licensure by endorsement may not exceed $1,000 $500. The fee for |
593 | temporary licensure may not exceed $200. The board shall |
594 | establish fees that are adequate to ensure its continued |
595 | operation and to fund the proportionate expenses incurred by the |
596 | department which are allocated to the regulation of |
597 | veterinarians. Fees shall be based on departmental estimates of |
598 | the revenue required to administer this chapter and the |
599 | provisions relating to the regulation of veterinarians. |
600 | Section 32. Subsection (2) of section 474.211, Florida |
601 | Statutes, is amended to read: |
602 | 474.211 Renewal of license.-- |
603 | (2) The department shall adopt rules establishing a |
604 | procedure for the quadrennial biennial renewal of licenses. |
605 | Section 33. Subsection (1) of section 474.217, Florida |
606 | Statutes, is amended to read: |
607 | 474.217 Licensure by endorsement.-- |
608 | (1) The department shall issue a license by endorsement to |
609 | any applicant who, upon applying to the department and remitting |
610 | a fee set by the board, demonstrates to the board that she or |
611 | he: |
612 | (a) Has demonstrated, in a manner designated by rule of |
613 | the board, knowledge of the laws and rules governing the |
614 | practice of veterinary medicine in this state; and |
615 | (b)1. Either holds, and has held for the 2 3 years |
616 | immediately preceding the application for licensure, a valid, |
617 | active license to practice veterinary medicine in another state |
618 | of the United States, the District of Columbia, or a territory |
619 | of the United States, provided that the requirements for |
620 | licensure in the issuing state, district, or territory are |
621 | equivalent to or more stringent than the requirements of this |
622 | chapter; or |
623 | 2. Meets the qualifications of s. 474.207(2)(b) and has |
624 | successfully completed a state, regional, national, or other |
625 | examination which is equivalent to or more stringent than the |
626 | examination given by the department and has passed the board's |
627 | clinical competency examination or another clinical competency |
628 | examination specified by rule of the board. |
629 | Section 34. Subsection (1) of section 475.180, Florida |
630 | Statutes, is amended to read: |
631 | 475.180 Nonresident licenses.-- |
632 | (1) Notwithstanding the prelicensure requirements set |
633 | forth under ss. 475.17(2) and (6) and 475.175, the commission in |
634 | its discretion may enter into written agreements with similar |
635 | licensing authorities of other states, territories, or |
636 | jurisdictions of the United States or foreign national |
637 | jurisdictions to ensure for Florida licensees nonresident |
638 | licensure opportunities comparable to those afforded to |
639 | nonresidents by this section. Whenever the commission determines |
640 | that another jurisdiction does not offer nonresident licensure |
641 | to Florida licensees substantially comparable to those afforded |
642 | to licensees of that jurisdiction by this section, the |
643 | commission shall require licensees of that jurisdiction who |
644 | apply for nonresident licensure to meet education, experience, |
645 | and examination requirements substantially comparable to those |
646 | required by that jurisdiction with respect to Florida licensees |
647 | who seek nonresident licensure, not to exceed such requirements |
648 | as prescribed in ss. 475.17(2) and (6) and 475.175. A |
649 | nonresident who has been licensed in good standing for at least |
650 | 2 years in another state qualifies for licensure in this state |
651 | if the nonresident completes a course on Florida laws and rules |
652 | and passes the resulting examination. |
653 | Section 35. Paragraph (a) of subsection (1) of section |
654 | 475.182, Florida Statutes, is amended to read: |
655 | 475.182 Renewal of license; continuing education.-- |
656 | (1)(a) The department shall renew a license upon receipt |
657 | of the renewal application and fee. The renewal application for |
658 | an active license as broker, broker associate, or sales |
659 | associate shall include proof satisfactory to the commission |
660 | that the licensee has, since the issuance or renewal of her or |
661 | his current license, satisfactorily completed at least 28 14 |
662 | classroom hours of 50 minutes each of a continuing education |
663 | course during each quadrennium biennium of a license period, as |
664 | prescribed by the commission. Approval or denial of a specialty |
665 | course must be based on the extent to which the course content |
666 | focuses on real estate issues relevant to the modern practice of |
667 | real estate by a real estate licensee, including technology used |
668 | in the real estate industry. The commission may accept as a |
669 | substitute for such continuing education course, on a classroom- |
670 | hour-for-classroom-hour basis, any satisfactorily completed |
671 | education course that the commission finds is adequate to |
672 | educate licensees within the intent of this section, including |
673 | an approved distance learning course. However, the commission |
674 | may not require, for the purpose of satisfactorily completing an |
675 | approved correspondence or distance learning course, a written |
676 | examination that is to be taken at a centralized location and is |
677 | to be monitored. |
678 | Section 36. Section 476.114, Florida Statutes, is amended |
679 | to read: |
680 | 476.114 Examination; prerequisites.-- |
681 | (1)(a) A person who is at least 16 years of age may apply |
682 | to take the examination for licensure as a barber. |
683 | (b) A person desiring to be licensed as a barber shall |
684 | apply to the department in writing if the applicant: for |
685 | licensure. |
686 | (2) An applicant shall be eligible for licensure by |
687 | examination to practice barbering if the applicant: |
688 | (a) Is at least 16 years of age; |
689 | (b) Pays the required application fee; and |
690 | (c)1. Holds an active valid license to practice barbering |
691 | in another state, has held the license for at least 1 year, and |
692 | does not qualify for licensure by endorsement as provided for in |
693 | s. 476.144(5); or |
694 | 2. Has received a minimum of 1,200 hours of training as |
695 | established by the board, which shall include, but shall not be |
696 | limited to, the equivalent of completion of services directly |
697 | related to the practice of barbering at one of the following: |
698 | a. A school of barbering licensed pursuant to chapter |
699 | 1005; |
700 | b. A barbering program within the public school system; or |
701 | c. A government-operated barbering program in this state. |
702 |
|
703 | The board shall establish by rule procedures whereby the school |
704 | or program may certify that a person is qualified to take the |
705 | required examination after the completion of a minimum of 1,000 |
706 | actual school hours. If the person passes the examination, she |
707 | or he shall have satisfied this requirement; but if the person |
708 | fails the examination, she or he shall not be qualified to take |
709 | the examination again until the completion of the full |
710 | requirements provided by this section. |
711 | (2)(3) An applicant who meets the requirements set forth |
712 | in subparagraphs (1)(b)1. and 2. (2)(c)1. and 2. who fails to |
713 | pass the examination may take subsequent examinations as many |
714 | times as necessary to pass, except that the board may specify by |
715 | rule reasonable timeframes for rescheduling the examination and |
716 | additional training requirements for applicants who, after the |
717 | third attempt, fail to pass the examination. Before Prior to |
718 | reexamination, the applicant must file the appropriate form and |
719 | pay the reexamination fee as required by rule. |
720 | Section 37. Subsection (6) of section 476.144, Florida |
721 | Statutes, is amended to read: |
722 | 476.144 Licensure.-- |
723 | (6) A person may apply for a restricted license to |
724 | practice barbering. The board shall adopt rules specifying |
725 | procedures for an applicant to obtain a restricted license if |
726 | the applicant: |
727 | (a)1. Has successfully completed a restricted barber |
728 | course, as established by rule of the board, at a school of |
729 | barbering licensed pursuant to chapter 1005, a barbering program |
730 | within the public school system, or a government-operated |
731 | barbering program in this state; or |
732 | 2.a. Holds or has within the previous 5 years held an |
733 | active valid license to practice barbering in another state or |
734 | country or has held a Florida barbering license which has been |
735 | declared null and void for failure to renew the license, and the |
736 | applicant fulfilled the requirements of s. 476.114(1)(b)2. s. |
737 | 476.114(2)(c)2. for initial licensure; and |
738 | b. Has not been disciplined relating to the practice of |
739 | barbering in the previous 5 years; and |
740 | (b) Passes a written examination on the laws and rules |
741 | governing the practice of barbering in Florida, as established |
742 | by the board, and a practical examination approved by the board. |
743 |
|
744 | The restricted license shall limit the licensee's practice to |
745 | those specific areas in which the applicant has demonstrated |
746 | competence pursuant to rules adopted by the board. |
747 | Section 38. Section 476.154, Florida Statutes, is amended |
748 | to read: |
749 | 476.154 Quadrennial Biennial renewal of licenses.-- |
750 | (1) Each licensed barber who continues in active practice |
751 | or service shall renew her or his license quadrennially |
752 | biennially and pay the required fee. |
753 | (2) Any license or certificate of registration issued |
754 | pursuant to this act for a period less than the established |
755 | quadrennial biennial issuance period may be issued for that |
756 | lesser period of time, and the department shall adjust the |
757 | required fee accordingly. The board shall adopt rules providing |
758 | for such partial period fee adjustments. |
759 | (3)(a) The department shall renew a license upon receipt |
760 | of the renewal application and fee. |
761 | (b) The department shall adopt rules establishing a |
762 | procedure for the biennial renewal of licenses. |
763 | Section 39. Paragraphs (a) and (c) of subsection (1) of |
764 | section 476.192, Florida Statutes, are amended to read: |
765 | 476.192 Fees; disposition.-- |
766 | (1) The board shall set by rule fees according to the |
767 | following schedule: |
768 | (a) For barbers, fees for original licensing, license |
769 | renewal, and delinquent renewal shall not exceed $200 $100. |
770 | (c) For barbershops, fees for license application, |
771 | original licensing, license renewal, and delinquent renewal |
772 | shall not exceed $300 $150. |
773 | Section 40. Section 477.019, Florida Statutes, is amended |
774 | to read: |
775 | 477.019 Cosmetologists; qualifications; licensure; |
776 | supervised practice; license renewal; endorsement; continuing |
777 | education.-- |
778 | (1)(a) A person who is at least 16 years of age may apply |
779 | to take the examination for licensure as a cosmetologist |
780 | desiring to be licensed as a cosmetologist shall apply to the |
781 | department for licensure. |
782 | (b) A person desiring to be licensed as a cosmetologist |
783 | shall apply to the department in writing |
784 | (2) An applicant shall be eligible for licensure by |
785 | examination to practice cosmetology if the applicant: |
786 | 1. Has passed the licensure examination, achieving a |
787 | passing grade as established by rule of the board; |
788 | (a) Is at least 16 years of age or has received a high |
789 | school diploma; |
790 | (b) Pays the required application fee, which is not |
791 | refundable, and the required examination fee, which is |
792 | refundable if the applicant is determined to not be eligible for |
793 | licensure for any reason other than failure to successfully |
794 | complete the licensure examination; and |
795 | 2.(c)1. Is authorized to practice cosmetology in another |
796 | state or country, has been so authorized for at least 1 year, |
797 | and does not qualify for licensure by endorsement as provided |
798 | for in subsection (5) (6); or |
799 | 3.2. Has received, before examination, a minimum of 1,200 |
800 | hours of training as established by the board, which shall |
801 | include, but shall not be limited to, the equivalent of |
802 | completion of services directly related to the practice of |
803 | cosmetology at one of the following: |
804 | a. A school of cosmetology licensed pursuant to chapter |
805 | 1005. |
806 | b. A cosmetology program within the public school system. |
807 | c. The Cosmetology Division of the Florida School for the |
808 | Deaf and the Blind, provided the division meets the standards of |
809 | this chapter. |
810 | d. A government-operated cosmetology program in this |
811 | state. |
812 |
|
813 | The board shall establish by rule procedures whereby the school |
814 | or program may certify that a person is qualified to take the |
815 | required examination after the completion of a minimum of 1,000 |
816 | actual school hours. If the person then passes the examination, |
817 | he or she shall have satisfied this requirement; but if the |
818 | person fails the examination, he or she shall not be qualified |
819 | to take the examination again until the completion of the full |
820 | requirements provided by this section. |
821 | (2)(3) An application for the licensure examination for |
822 | any license under this section may be submitted for examination |
823 | approval in the last 100 hours of training by a pregraduate of a |
824 | licensed cosmetology school or a program within the public |
825 | school system, which school or program is certified by the |
826 | Department of Education with fees as required in paragraph |
827 | (2)(b). Upon approval, the applicant may schedule the |
828 | examination on a date when the training hours are completed. An |
829 | applicant shall have 6 months from the date of approval to take |
830 | the examination. After the 6 months have passed, if the |
831 | applicant failed to take the examination, the applicant must |
832 | reapply. The board shall establish by rule the procedures for |
833 | the pregraduate application process. |
834 | (3)(4) Upon an applicant receiving a passing grade, as |
835 | established by board rule, demonstrating qualifications under |
836 | this section, on the examination and paying the initial |
837 | licensing fee, the department shall issue a license to practice |
838 | cosmetology. |
839 | (4)(5) If an applicant passes all parts of the examination |
840 | for licensure as a cosmetologist, he or she may practice in the |
841 | time between passing the examination and receiving a physical |
842 | copy of his or her license if he or she practices under the |
843 | supervision of a licensed cosmetologist in a licensed salon. An |
844 | applicant who fails any part of the examination may not practice |
845 | as a cosmetologist and may immediately apply for reexamination. |
846 | (5)(6) Renewal of license registration shall be |
847 | accomplished pursuant to rules adopted by the board. |
848 | (6)(7) The board shall adopt rules specifying procedures |
849 | for the licensure by endorsement of practitioners desiring to be |
850 | licensed in this state who hold a current active license in |
851 | another state and who have met qualifications substantially |
852 | similar to, equivalent to, or greater than the qualifications |
853 | required of applicants from this state. |
854 | (7)(8)(a) The board shall prescribe by rule continuing |
855 | education requirements intended to ensure protection of the |
856 | public through updated training of licensees and registered |
857 | specialists, not to exceed 32 16 hours quadrennially biennially, |
858 | as a condition for renewal of a license or registration as a |
859 | specialist under this chapter. Continuing education courses |
860 | shall include, but not be limited to, the following subjects as |
861 | they relate to the practice of cosmetology: human |
862 | immunodeficiency virus and acquired immune deficiency syndrome; |
863 | Occupational Safety and Health Administration regulations; |
864 | workers' compensation issues; state and federal laws and rules |
865 | as they pertain to cosmetologists, cosmetology, salons, |
866 | specialists, specialty salons, and booth renters; chemical |
867 | makeup as it pertains to hair, skin, and nails; and |
868 | environmental issues. Courses given at cosmetology conferences |
869 | may be counted toward the number of continuing education hours |
870 | required if approved by the board. |
871 | (b) Any person whose occupation or practice is confined |
872 | solely to hair braiding, hair wrapping, or body wrapping is |
873 | exempt from the continuing education requirements of this |
874 | subsection. |
875 | (c) The board may, by rule, require any licensee in |
876 | violation of a continuing education requirement to take a |
877 | refresher course or refresher course and examination in addition |
878 | to any other penalty. The number of hours for the refresher |
879 | course may not exceed 48 hours. |
880 | Section 41. Subsection (1) of section 477.026, Florida |
881 | Statutes, is amended to read: |
882 | 477.026 Fees; disposition.-- |
883 | (1) The board shall set fees according to the following |
884 | schedule: |
885 | (a) For cosmetologists, fees for original licensing, |
886 | license renewal, and delinquent renewal shall not exceed $50 |
887 | $25. |
888 | (b) For cosmetologists, fees for endorsement application, |
889 | examination, and reexamination shall not exceed $50. |
890 | (c) For cosmetology and specialty salons, fees for license |
891 | application, original licensing, license renewal, and delinquent |
892 | renewal shall not exceed $100 $50. |
893 | (d) For specialists, fees for application and endorsement |
894 | registration shall not exceed $60 $30. |
895 | (e) For specialists, fees for initial registration, |
896 | registration renewal, and delinquent renewal shall not exceed |
897 | $100 $50. |
898 | (f) For hair braiders, hair wrappers, and body wrappers, |
899 | fees for registration shall not exceed $50 $25. |
900 | Section 42. Section 481.207, Florida Statutes, is amended |
901 | to read: |
902 | 481.207 Fees.--The board, by rule, may establish separate |
903 | fees for architects and interior designers, to be paid for |
904 | applications, examination, reexamination, licensing and renewal, |
905 | delinquency, reinstatement, and recordmaking and recordkeeping. |
906 | The examination fee shall be in an amount that covers the cost |
907 | of obtaining and administering the examination and shall be |
908 | refunded if the applicant is found ineligible to sit for the |
909 | examination. The application fee is nonrefundable. The fee for |
910 | initial application and examination for architects and interior |
911 | designers may not exceed $775 plus the actual per applicant cost |
912 | to the department for purchase of the examination from the |
913 | National Council of Architectural Registration Boards or the |
914 | National Council of Interior Design Qualifications, |
915 | respectively, or similar national organizations. The quadrennial |
916 | biennial renewal fee for architects may not exceed $400 $200. |
917 | The quadrennial biennial renewal fee for interior designers may |
918 | not exceed $1,000 $500. The delinquency fee may not exceed the |
919 | quadrennial biennial renewal fee established by the board for an |
920 | active license. The board shall establish fees that are adequate |
921 | to ensure the continued operation of the board and to fund the |
922 | proportionate expenses incurred by the department which are |
923 | allocated to the regulation of architects and interior |
924 | designers. Fees shall be based on department estimates of the |
925 | revenue required to implement this part and the provisions of |
926 | law with respect to the regulation of architects and interior |
927 | designers. |
928 | Section 43. Subsection (2) of section 481.209, Florida |
929 | Statutes, is amended to read: |
930 | 481.209 Examinations.-- |
931 | (2)(a) Any person may take the examination for licensure |
932 | as an interior designer. |
933 | (b) A person desiring to be licensed as a registered |
934 | interior designer shall apply to the department in writing on a |
935 | form prescribed by the department, shall remit a nonrefundable |
936 | application fee, and must for licensure. The department shall |
937 | administer the licensure examination for interior designers to |
938 | each applicant who has completed the application form and |
939 | remitted the application and examination fees specified in s. |
940 | 481.207 and who the board certifies: |
941 | 1. Have passed the examination for licensure; |
942 | 2.(a) Be Is a graduate from an interior design program of |
943 | 5 years or more and have has completed 1 year of diversified |
944 | interior design experience; |
945 | 3.(b) Be Is a graduate from an interior design program of |
946 | 4 years or more and have has completed 2 years of diversified |
947 | interior design experience; |
948 | 4.(c) Have Has completed at least 3 years in an interior |
949 | design curriculum and have has completed 3 years of diversified |
950 | interior design experience; or |
951 | 5.(d) Be Is a graduate from an interior design program of |
952 | at least 2 years and have has completed 4 years of diversified |
953 | interior design experience. |
954 |
|
955 | Subsequent to October 1, 2000, for the purpose of having the |
956 | educational qualification required under this subsection |
957 | accepted by the board, the applicant must complete his or her |
958 | education at a program, school, or college of interior design |
959 | whose curriculum has been approved by the board as of the time |
960 | of completion. Subsequent to October 1, 2003, all of the |
961 | required amount of educational credits shall have been obtained |
962 | in a program, school, or college of interior design whose |
963 | curriculum has been approved by the board, as of the time each |
964 | educational credit is gained. The board shall adopt rules |
965 | providing for the review and approval of programs, schools, and |
966 | colleges of interior design and courses of interior design study |
967 | based on a review and inspection by the board of the curriculum |
968 | of programs, schools, and colleges of interior design in the |
969 | United States, including those programs, schools, and colleges |
970 | accredited by the Foundation for Interior Design Education |
971 | Research. The board shall adopt rules providing for the review |
972 | and approval of diversified interior design experience required |
973 | by this subsection. |
974 | Section 44. Subsections (2) and (3) of section 481.215, |
975 | Florida Statutes, are amended to read: |
976 | 481.215 Renewal of license.-- |
977 | (2) The department shall adopt rules establishing a |
978 | procedure for the quadrennial biennial renewal of licenses. |
979 | (3) No license renewal shall be issued to an architect or |
980 | an interior designer by the department until the licensee |
981 | submits proof satisfactory to the department that, during the 4 |
982 | 2 years before prior to application for renewal, the licensee |
983 | participated per quadrennium biennium in not less than 40 20 |
984 | hours of at least 50 minutes each per quadrennium biennium of |
985 | continuing education approved by the board. The board shall |
986 | approve only continuing education that builds upon the basic |
987 | knowledge of architecture or interior design. The board may make |
988 | exception from the requirements of continuing education in |
989 | emergency or hardship cases. |
990 | Section 45. Section 481.307, Florida Statutes, is amended |
991 | to read: |
992 | 481.307 Fees.--The board, by rule, may establish fees to |
993 | be paid for applications, examination, reexamination, licensing |
994 | and renewal, delinquency, reinstatement, and recordmaking and |
995 | recordkeeping. The examination fee shall be in an amount that |
996 | covers the costs of obtaining and administering the examination |
997 | and shall be refunded if the applicant is found ineligible to |
998 | sit for the examination. The application fee is nonrefundable. |
999 | The combined fees for initial application and examination may |
1000 | not exceed $800 plus the actual per applicant cost to the |
1001 | department for purchase of portions of the examination from the |
1002 | Council of Landscape Architectural Registration Boards or a |
1003 | similar national organization. The quadrennial biennial renewal |
1004 | fee may not exceed $1,200 $600. The delinquency fee may not |
1005 | exceed the quadrennial biennial renewal fee established by the |
1006 | board for an active license. The board shall establish fees that |
1007 | are adequate to ensure the continued operation of the board and |
1008 | to fund the proportionate expenses incurred by the department |
1009 | which are allocated to the regulation of landscape architects. |
1010 | Fees shall be based on department estimates of the revenue |
1011 | required to implement this part and the provisions of law with |
1012 | respect to the regulation of landscape architects. |
1013 | Section 46. Subsections (2) and (3) of section 481.313, |
1014 | Florida Statutes, are amended to read: |
1015 | 481.313 Renewal of license.-- |
1016 | (2) The department shall adopt rules establishing a |
1017 | procedure for the quadrennial biennial renewal of licenses. |
1018 | (3) No license renewal shall be issued to a landscape |
1019 | architect by the department until the licensee submits proof, |
1020 | satisfactory to the department, that during the 4-year 2-year |
1021 | period before prior to application for renewal, the licensee |
1022 | participated in such continuing education courses required by |
1023 | the board. The board shall approve only continuing education |
1024 | courses that relate to and increase the basic knowledge of |
1025 | landscape architecture. The board may make an exception from the |
1026 | requirements of continuing education in emergency or hardship |
1027 | cases. |
1028 | Section 47. Paragraphs (a) and (b) of subsection (1) and |
1029 | subsection (3) of section 489.109, Florida Statutes, are amended |
1030 | to read: |
1031 | 489.109 Fees.-- |
1032 | (1) The board, by rule, shall establish reasonable fees to |
1033 | be paid for applications, certification and renewal, |
1034 | registration and renewal, and recordmaking and recordkeeping. |
1035 | The fees shall be established as follows: |
1036 | (a) With respect to an applicant for a certificate, the |
1037 | initial application fee may not exceed $150, and, if an |
1038 | examination cost is included in the application fee, the |
1039 | combined amount may not exceed $350. The initial certification |
1040 | fee and the renewal fee may not exceed $400 $200. However, any |
1041 | applicant who seeks certification under this part by taking a |
1042 | practical examination must pay as an examination fee the actual |
1043 | cost incurred by the department in developing, preparing, |
1044 | administering, scoring, score reporting, and evaluating the |
1045 | examination, if the examination is conducted by the department. |
1046 | (b) With respect to an applicant for registration, the |
1047 | initial application fee may not exceed $100, and the initial |
1048 | registration fee and the renewal fee may not exceed $400 $200. |
1049 | (3) In addition to the fees provided in subsection (1) for |
1050 | application and renewal for certification and registration, all |
1051 | certificateholders and registrants must pay a fee of $8 $4 to |
1052 | the department at the time of application or renewal. The funds |
1053 | must be transferred at the end of each licensing period to the |
1054 | Department of Community Affairs to fund projects relating to the |
1055 | building construction industry or continuing education programs |
1056 | offered to persons engaged in the building construction industry |
1057 | in Florida, to be selected by the Florida Building Commission. |
1058 | The board shall, at the time the funds are transferred, advise |
1059 | the Department of Community Affairs on the most needed areas of |
1060 | research or continuing education based on significant changes in |
1061 | the industry's practices or on changes in the state building |
1062 | code or on the most common types of consumer complaints or on |
1063 | problems costing the state or local governmental entities |
1064 | substantial waste. The board's advice is not binding on the |
1065 | Department of Community Affairs. The Department of Community |
1066 | Affairs shall ensure the distribution of research reports and |
1067 | the availability of continuing education programs to all |
1068 | segments of the building construction industry to which they |
1069 | relate. The Department of Community Affairs shall report to the |
1070 | board in October of each year, summarizing the allocation of the |
1071 | funds by institution and summarizing the new projects funded and |
1072 | the status of previously funded projects. |
1073 | Section 48. Subsections (3) and (4) of section 489.111, |
1074 | Florida Statutes, are renumbered as subsections (4) and (5), |
1075 | respectively, and a new subsection (3) is added to that section, |
1076 | to read: |
1077 | 489.111 Licensure by examination.-- |
1078 | (3) Successfully passing a prelicensure course approved by |
1079 | the Construction Industry Licensing Board and established by |
1080 | department rule may be substituted for the experience |
1081 | requirements set forth in subsection (2). |
1082 | Section 49. Paragraphs (a) and (b) of subsection (4) of |
1083 | section 489.115, Florida Statutes, are amended, and subsection |
1084 | (10) is added to that section, to read: |
1085 | 489.115 Certification and registration; endorsement; |
1086 | reciprocity; renewals; continuing education.-- |
1087 | (4)(a) Each certificateholder or registrant who desires to |
1088 | continue as a certificateholder or registrant shall renew the |
1089 | certificate or registration every 4 2 years. The department |
1090 | shall mail each certificateholder and registrant an application |
1091 | for renewal. |
1092 | (b)1. Each certificateholder or registrant shall provide |
1093 | proof, in a form established by rule of the board, that the |
1094 | certificateholder or registrant has completed at least 28 14 |
1095 | classroom hours of at least 50 minutes each of continuing |
1096 | education courses during each quadrennium biennium since the |
1097 | issuance or renewal of the certificate or registration. The |
1098 | board shall establish by rule that a portion of the required 28 |
1099 | 14 hours must deal with the subject of workers' compensation, |
1100 | business practices, workplace safety, and, for applicable |
1101 | licensure categories, wind mitigation methodologies, and 2 hours |
1102 | 1 hour of which must deal with laws and rules. The board shall |
1103 | by rule establish criteria for the approval of continuing |
1104 | education courses and providers, including requirements relating |
1105 | to the content of courses and standards for approval of |
1106 | providers, and may by rule establish criteria for accepting |
1107 | alternative nonclassroom continuing education on an hour-for- |
1108 | hour basis. The board shall prescribe by rule the continuing |
1109 | education, if any, which is required during the first |
1110 | quadrennium biennium of initial licensure. A person who has been |
1111 | licensed for less than an entire quadrennium biennium must not |
1112 | be required to complete the full 28 14 hours of continuing |
1113 | education. |
1114 | 2. In addition, the board may approve specialized |
1115 | continuing education courses on compliance with the wind |
1116 | resistance provisions for one and two family dwellings contained |
1117 | in the Florida Building Code and any alternate methodologies for |
1118 | providing such wind resistance which have been approved for use |
1119 | by the Florida Building Commission. Division I |
1120 | certificateholders or registrants who demonstrate proficiency |
1121 | upon completion of such specialized courses may certify plans |
1122 | and specifications for one and two family dwellings to be in |
1123 | compliance with the code or alternate methodologies, as |
1124 | appropriate, except for dwellings located in floodways or |
1125 | coastal hazard areas as defined in ss. 60.3D and E of the |
1126 | National Flood Insurance Program. |
1127 | 3. Each certificateholder or registrant shall provide to |
1128 | the board proof of completion of the core curriculum courses, or |
1129 | passing the equivalency test of the Building Code Training |
1130 | Program established under s. 553.841, specific to the licensing |
1131 | category sought, within 2 years after commencement of the |
1132 | program or of initial certification or registration, whichever |
1133 | is later. Classroom hours spent taking core curriculum courses |
1134 | shall count toward the number required for renewal of |
1135 | certificates or registration. A certificateholder or registrant |
1136 | who passes the equivalency test in lieu of taking the core |
1137 | curriculum courses shall receive full credit for core curriculum |
1138 | course hours. |
1139 | 4. The board shall require, by rule adopted pursuant to |
1140 | ss. 120.536(1) and 120.54, a specified number of hours in |
1141 | specialized or advanced module courses, approved by the Florida |
1142 | Building Commission, on any portion of the Florida Building |
1143 | Code, adopted pursuant to part IV of chapter 553, relating to |
1144 | the contractor's respective discipline. |
1145 | (10) A nonresident who has been licensed or certified in |
1146 | good standing for at least 2 years in another state qualifies |
1147 | for certification in this state if the nonresident completes a |
1148 | course on Florida laws and rules and passes the resulting |
1149 | examination. |
1150 | Section 50. Section 489.118, Florida Statutes, is amended |
1151 | to read: |
1152 | 489.118 Certification of registered contractors; |
1153 | grandfathering provisions.--The board shall, upon receipt of a |
1154 | completed application and appropriate fee, issue a certificate |
1155 | in the appropriate category to any contractor registered under |
1156 | this part who makes application to the board and can show that |
1157 | he or she meets each of the following requirements: |
1158 | (1) Currently holds a valid registered local license in |
1159 | one of the contractor categories defined in s. 489.105(3)(a)- |
1160 | (p). |
1161 | (2) Has, for that category, passed a written examination |
1162 | that the board finds to be substantially similar to the |
1163 | examination required to be licensed as a certified contractor |
1164 | under this part. For purposes of this subsection, a written, |
1165 | proctored examination such as that produced by the National |
1166 | Assessment Institute, Block and Associates, NAI/Block, Experior |
1167 | Assessments, Professional Testing, Inc., or Assessment Systems, |
1168 | Inc., is shall be considered to be substantially similar to the |
1169 | examination required to be licensed as a certified contractor. |
1170 | The board may not impose or make any requirements regarding the |
1171 | nature or content of these cited examinations. |
1172 | (3) Has at least 5 years of experience as a contractor in |
1173 | that contracting category, or as an inspector or building |
1174 | administrator with oversight over that category, at the time of |
1175 | application. For contractors, only time periods in which the |
1176 | contractor license is active and the contractor is not on |
1177 | probation shall count toward the 5 years required by this |
1178 | subsection. |
1179 | (4) Has not had his or her contractor's license revoked at |
1180 | any time, had his or her contractor's license suspended within |
1181 | the last 5 years, or been assessed a fine in excess of $500 |
1182 | within the last 5 years. |
1183 | (5) Is in compliance with the insurance and financial |
1184 | responsibility requirements in s. 489.115(5). |
1185 |
|
1186 | Applicants wishing to obtain a certificate pursuant to this |
1187 | section must make application by November 1, 2005. |
1188 | Section 51. Section 489.509, Florida Statutes, is amended |
1189 | to read: |
1190 | 489.509 Fees.-- |
1191 | (1) The board, by rule, shall establish fees to be paid |
1192 | for applications, examination, reexamination, transfers, |
1193 | licensing and renewal, reinstatement, and recordmaking and |
1194 | recordkeeping. The examination fee shall be in an amount that |
1195 | covers the cost of obtaining and administering the examination |
1196 | and shall be refunded if the applicant is found ineligible to |
1197 | sit for the examination. The application fee is nonrefundable. |
1198 | The fee for initial application and examination for |
1199 | certification of electrical contractors may not exceed $400. The |
1200 | initial application fee for registration may not exceed $150. |
1201 | The quadrennial biennial renewal fee may not exceed $800 $400 |
1202 | for certificateholders and $200 for registrants. The fee for |
1203 | initial application and examination for certification of alarm |
1204 | system contractors may not exceed $400. The quadrennial biennial |
1205 | renewal fee for certified alarm system contractors may not |
1206 | exceed $900 $450. The board may establish a fee for a temporary |
1207 | certificate as an alarm system contractor not to exceed $75. The |
1208 | board may also establish by rule a delinquency fee not to exceed |
1209 | $50. The fee to transfer a certificate or registration from one |
1210 | business organization to another may not exceed $200. The fee |
1211 | for reactivation of an inactive license may not exceed $50. The |
1212 | board shall establish fees that are adequate to ensure the |
1213 | continued operation of the board. Fees shall be based on |
1214 | department estimates of the revenue required to implement this |
1215 | part and the provisions of law with respect to the regulation of |
1216 | electrical contractors and alarm system contractors. |
1217 | (2) A person who is registered or holds a valid |
1218 | certificate may go on inactive status during which time he or |
1219 | she shall not engage in contracting, but may retain the |
1220 | certificate or registration on an inactive basis, on payment of |
1221 | a renewal fee during the inactive period, not to exceed $50 per |
1222 | renewal period. |
1223 | (3) Eight Four dollars of each fee under subsection (1) |
1224 | paid to the department at the time of application or renewal |
1225 | shall be transferred at the end of each licensing period to the |
1226 | Department of Community Affairs to fund projects relating to the |
1227 | building construction industry or continuing education programs |
1228 | offered to persons engaged in the building construction industry |
1229 | in Florida. The board shall, at the time the funds are |
1230 | transferred, advise the Department of Community Affairs on the |
1231 | most needed areas of research or continuing education based on |
1232 | significant changes in the industry's practices or on the most |
1233 | common types of consumer complaints or on problems costing the |
1234 | state or local governmental entities substantial waste. The |
1235 | board's advice is not binding on the Department of Community |
1236 | Affairs. The Department of Community Affairs shall ensure the |
1237 | distribution of research reports and the availability of |
1238 | continuing education programs to all segments of the building |
1239 | construction industry to which they relate. The Department of |
1240 | Community Affairs shall report to the board in October of each |
1241 | year, summarizing the allocation of the funds by institution and |
1242 | summarizing the new projects funded and the status of previously |
1243 | funded projects. |
1244 | Section 52. Subsection (7) is added to section 489.511, |
1245 | Florida Statutes, to read: |
1246 | 489.511 Certification; application; examinations; |
1247 | endorsement.-- |
1248 | (7) A nonresident who has been licensed or certified in |
1249 | good standing for at least 2 years in another state qualifies |
1250 | for certification in this state if the nonresident completes a |
1251 | course on Florida laws and rules and passes the resulting |
1252 | examination. |
1253 | Section 53. Paragraph (b) of subsection (1) of section |
1254 | 489.515, Florida Statutes, is amended to read: |
1255 | 489.515 Issuance of certificates; registrations.-- |
1256 | (1) |
1257 | (b) The board shall certify as qualified for certification |
1258 | any person who satisfies the requirements of s. 489.511 and who |
1259 | submits satisfactory evidence that he or she has obtained both |
1260 | workers' compensation insurance or an acceptable exemption |
1261 | certificate issued by the department and public liability and |
1262 | property damage insurance for the health, safety, and welfare of |
1263 | the public in amounts determined by rule of the board, and |
1264 | furnishes evidence of financial responsibility, credit, and |
1265 | business reputation of either himself or herself or the business |
1266 | organization he or she desires to qualify. The board may adopt |
1267 | rules authorizing an alternative means by which an applicant may |
1268 | demonstrate financial responsibility by requiring minimum credit |
1269 | scores or bonds payable as prescribed by board rule. |
1270 | Section 54. Subsection (2), paragraph (a) of subsection |
1271 | (3), and paragraph (b) of subsection (4) of section 489.517, |
1272 | Florida Statutes, are amended to read: |
1273 | 489.517 Renewal of certificate or registration; continuing |
1274 | education.-- |
1275 | (2) The department shall adopt rules establishing a |
1276 | procedure for the quadrennial biennial renewal of certificates |
1277 | and registrations. |
1278 | (3)(a) Each certificateholder or registrant shall provide |
1279 | proof, in a form established by rule of the board, that the |
1280 | certificateholder or registrant has completed at least 28 14 |
1281 | classroom hours of at least 50 minutes each of continuing |
1282 | education courses during each quadrennium biennium since the |
1283 | issuance or renewal of the certificate or registration. The |
1284 | board shall by rule establish criteria for the approval of |
1285 | continuing education courses and providers and may by rule |
1286 | establish criteria for accepting alternative nonclassroom |
1287 | continuing education on an hour-for-hour basis. |
1288 | (4) |
1289 | (b) Of the 28 14 classroom hours of continuing education |
1290 | required, at least 14 7 hours must be on technical subjects, 2 |
1291 | hours 1 hour on workers' compensation, 2 hours 1 hour on |
1292 | workplace safety, 2 hours 1 hour on business practices, and for |
1293 | alarm system contractors and electrical contractors engaged in |
1294 | alarm system contracting, 4 hours 2 hours on false alarm |
1295 | prevention. |
1296 | Section 55. Subsections (4) and (5) of section 492.104, |
1297 | Florida Statutes, are amended to read: |
1298 | 492.104 Rulemaking authority.--The Board of Professional |
1299 | Geologists has authority to adopt rules pursuant to ss. |
1300 | 120.536(1) and 120.54 to implement this chapter. Every licensee |
1301 | shall be governed and controlled by this chapter and the rules |
1302 | adopted by the board. The board is authorized to set, by rule, |
1303 | fees for application, examination, certificate of authorization, |
1304 | late renewal, initial licensure, and license renewal. These fees |
1305 | should not exceed the cost of implementing the application, |
1306 | examination, initial licensure, and license renewal or other |
1307 | administrative process and shall be established as follows: |
1308 | (4) The quadrennial biennial renewal fee shall not exceed |
1309 | $300 $150. |
1310 | (5) The fee for a certificate of authorization shall not |
1311 | exceed $700 $350 and the fee for renewal of the certificate |
1312 | shall not exceed $700 $350. |
1313 | Section 56. Subsection (1) of section 492.105, Florida |
1314 | Statutes, is amended to read: |
1315 | 492.105 Licensure by examination; requirements; fees.-- |
1316 | (1)(a) Any person who is at least 18 years of age may take |
1317 | the examination for licensure as a geologist. |
1318 | (b) Any person desiring to be licensed as a professional |
1319 | geologist shall apply to the department in writing on a form |
1320 | prescribed by the department, shall remit a nonrefundable |
1321 | application fee, and must to take the licensure examination. The |
1322 | written licensure examination shall be designed to test an |
1323 | applicant's qualifications to practice professional geology, and |
1324 | shall include such subjects as will tend to ascertain the |
1325 | applicant's knowledge of the theory and the practice of |
1326 | professional geology and may include such subjects as are taught |
1327 | in curricula of accredited colleges and universities. The |
1328 | department shall examine each applicant who the board certifies: |
1329 | 1. Have passed the examination for licensure by achieving |
1330 | a passing score as established by rule of the board. |
1331 | (a) Has completed the application form and remitted a |
1332 | nonrefundable application fee and an examination fee which is |
1333 | refundable if the applicant is found to be ineligible to take |
1334 | the examination. |
1335 | (b) Is at least 18 years of age. |
1336 | 2.(c) Have Has not committed any act or offense in any |
1337 | jurisdiction which would constitute the basis for disciplining a |
1338 | professional geologist licensed pursuant to this chapter. |
1339 | 3.(d) Fulfill Fulfills the following educational |
1340 | requirements at a college or university the geological curricula |
1341 | of which meet the criteria established by an accrediting agency |
1342 | recognized by the United States Department of Education: |
1343 | a.1. Graduation from such college or university with a |
1344 | major in geology or other related science acceptable to the |
1345 | board; and |
1346 | b.2. Satisfactory completion of at least 30 semester hours |
1347 | of geological courses, 24 of which must be at the third or |
1348 | fourth year or graduate level. |
1349 | 4.(e) Have Has at least 7 years of professional geological |
1350 | work experience, which shall include a minimum of 3 years of |
1351 | professional geological work under the supervision of a licensed |
1352 | or qualified geologist or professional engineer registered under |
1353 | chapter 471 as qualified in the field or discipline of |
1354 | professional engineering involved; or have a minimum of 5 |
1355 | accumulative years' experience in responsible charge of |
1356 | geological work. The following criteria of education and |
1357 | experience qualify, as specified, toward accumulation of the |
1358 | required 7 years of professional geological work: |
1359 | a.1. Each year of undergraduate study in the geological |
1360 | sciences shall count as 1/2 year of the experience requirement, |
1361 | up to a maximum of 2 years, and each year of graduate study |
1362 | shall count as 1 year of the experience requirement. |
1363 | b.2. Credit for undergraduate study, graduate study, and |
1364 | graduate courses, individually or in any combination thereof, |
1365 | shall in no case exceed a total of 2 years toward meeting the |
1366 | requirements for at least 7 years of professional geological |
1367 | work. |
1368 | c.3. Full-time teaching or research in the geological |
1369 | sciences at the college level shall be credited year for year |
1370 | toward meeting the requirement in this category. |
1371 | d.4. The ability of the applicant shall have been |
1372 | demonstrated by his or her having performed the work in a |
1373 | responsible position as determined by the board. |
1374 | Section 57. Paragraph (a) of subsection (1) of section |
1375 | 492.108, Florida Statutes, is amended to read: |
1376 | 492.108 Licensure by endorsement; requirements; fees.-- |
1377 | (1) The department shall issue a license by endorsement to |
1378 | any applicant who, upon applying to the department and remitting |
1379 | an application fee, has been certified by the board that he or |
1380 | she: |
1381 | (a) Has met the qualifications for licensure in s. |
1382 | 492.105(1) s. 492.105(1)(b)-(e). |
1383 | Section 58. Subsection (2) of section 492.109, Florida |
1384 | Statutes, is amended to read: |
1385 | 492.109 Renewal of license; fees.-- |
1386 | (2) The department shall adopt rules establishing a |
1387 | procedure for the quadrennial biennial renewal of licenses. |
1388 | Section 59. Subsection (2) of section 492.111, Florida |
1389 | Statutes, is amended to read: |
1390 | 492.111 Practice of professional geology by a firm, |
1391 | corporation, or partnership; certificate of authorization.--The |
1392 | practice of, or offer to practice, professional geology by |
1393 | individual professional geologists licensed under the provisions |
1394 | of this chapter through a firm, corporation, or partnership |
1395 | offering geological services to the public through individually |
1396 | licensed professional geologists as agents, employees, officers, |
1397 | or partners thereof is permitted subject to the provisions of |
1398 | this chapter, provided that: |
1399 | (2) The firm, corporation, or partnership has been issued |
1400 | a certificate of authorization by the department as provided in |
1401 | this chapter. For purposes of this section, a certificate of |
1402 | authorization shall be required of any firm, corporation, |
1403 | partnership, association, or person practicing under a |
1404 | fictitious name and offering geological services to the public; |
1405 | except that, when an individual is practicing professional |
1406 | geology in her or his own name, she or he shall not be required |
1407 | to obtain a certificate of authorization under this section. |
1408 | Such certificate of authorization shall be renewed every 4 2 |
1409 | years. |
1410 | Section 60. This act shall take effect upon becoming a |
1411 | law. |