Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2262
       
       
       
       
       
       
                                Barcode 355532                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/29/2009 04:16 PM       .                                
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       Senator Gaetz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1942 and 1943
    4  insert:
    5         Section 59. Paragraph (k) is added to subsection (2) of
    6  section 20.165, Florida Statutes, to read:
    7         20.165 Department of Business and Professional Regulation.
    8  There is created a Department of Business and Professional
    9  Regulation.
   10         (2) The following divisions of the Department of Business
   11  and Professional Regulation are established:
   12         (k) Division of Service Operations.
   13         Section 60. Paragraph (a) of subsection (1) of section
   14  455.217, Florida Statutes, is amended to read:
   15         455.217 Examinations.—This section shall be read in
   16  conjunction with the appropriate practice act associated with
   17  each regulated profession under this chapter.
   18         (1) The Division of Service Operations Technology of the
   19  Department of Business and Professional Regulation shall
   20  provide, contract, or approve services for the development,
   21  preparation, administration, scoring, score reporting, and
   22  evaluation of all examinations. The division shall seek the
   23  advice of the appropriate board in providing such services.
   24         (a) The department, acting in conjunction with the Division
   25  of Service Operations Technology and the Division of Real
   26  Estate, as appropriate, shall ensure that examinations
   27  adequately and reliably measure an applicant’s ability to
   28  practice the profession regulated by the department. After an
   29  examination developed or approved by the department has been
   30  administered, the board or department may reject any question
   31  which does not reliably measure the general areas of competency
   32  specified in the rules of the board or department, when there is
   33  no board. The department shall use qualified outside
   34  professional testing vendors services for the development,
   35  preparation, and evaluation of examinations, when such services
   36  are economically and viably available and approved by the
   37  department board.
   38         Section 61. Paragraph (h) of subsection (2) of section
   39  471.003, Florida Statutes, is amended to read:
   40         471.003 Qualifications for practice; exemptions.—
   41         (2) The following persons are not required to be licensed
   42  under the provisions of this chapter as a licensed engineer:
   43         (h) Any electrical, plumbing, air-conditioning, or
   44  mechanical contractor whose practice includes the design and
   45  fabrication of electrical, plumbing, air-conditioning, or
   46  mechanical systems, respectively, which she or he installs by
   47  virtue of a license issued under chapter 489, under part I of
   48  chapter 553, or under any special act or ordinance when working
   49  on any construction project which:
   50         1. Requires an electrical or plumbing or air-conditioning
   51  and refrigeration system with a value of $125,000 $50,000 or
   52  less; and
   53         2.a. Requires an aggregate service capacity of 600 amperes
   54  (240 volts) or less on a residential electrical system or 800
   55  amperes (240 volts) or less on a commercial or industrial
   56  electrical system;
   57         b. Requires a plumbing system with fewer than 250 fixture
   58  units; or
   59         c. Requires a heating, ventilation, and air-conditioning
   60  system not to exceed a 15-ton-per-system capacity, or if the
   61  project is designed to accommodate 100 or fewer persons.
   62         Section 62. The Office of Program Policy Analysis and
   63  Government Accountability shall perform a study and make
   64  recommendations to the Legislature by December 1, 2009,
   65  regarding the enactment of laws to provide for protection and
   66  remedies from existing and unregulated online poker activities,
   67  which currently lack oversight and consumer protection under s.
   68  849.086, Florida Statutes.
   69         Section 63. Effective upon this act becoming a law, the
   70  amendments made by this act to ss. 489.128(1)(a) and
   71  489.532(1)(a), Florida Statutes, shall apply retroactively to
   72  contracts entered into on or after October 1, 2000, and shall
   73  apply retroactively to all actions pending when this act becomes
   74  a law.
   75  
   76  ================= T I T L E  A M E N D M E N T ================
   77         And the title is amended as follows:
   78         Between lines 212 and 213
   79  insert:
   80  amending s. 20.165, F.S.; creating the Division of Service
   81  Operations of the department; amending s. 455.217, F.S.;
   82  conforming provisions and transferring to the Division of
   83  Service Operations from the Division of Technology certain
   84  responsibilities related to examinations; revising certain
   85  requirements for the department concerning the use of outside
   86  vendors for the development, preparation, and evaluation of
   87  examinations; amending s. 471.003, F.S.; revises the types of
   88  construction projects for which certain contractors are exempt
   89  from licensure as an engineer; requiring that the Office of
   90  Program Policy Analysis and Government Accountability perform a
   91  study and make certain recommendations to the Legislature by a
   92  specified date regarding the enactment of laws to provide for
   93  protection and remedies from certain online poker activities;
   94  providing for retroactive application of specified provisions;