Florida Senate - 2009 CS for CS for SB 2262
By the Committees on Community Affairs; and Regulated
Industries; and Senator Gaetz
578-05580A-09 20092262c2
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 455.213, F.S.;
4 deleting signature notarization from the information
5 that the department may require in documents submitted
6 for the issuance or renewal of a license; prescribing
7 when an application is received for purposes of
8 certain requirements of the Administrative Procedure
9 Act; amending s. 455.227, F.S.; establishing
10 additional grounds for discipline of professions
11 subject to regulation; prohibiting the failure to
12 report criminal convictions and pleas; prohibiting the
13 failure to complete certain treatment programs;
14 providing penalties; creating s. 455.2274, F.S.;
15 authorizing the department’s representative to appear
16 in criminal proceedings under certain circumstances
17 and provide certain assistance to the court; amending
18 s. 468.402, F.S.; providing for certain disciplinary
19 action against a talent agency for revocation,
20 suspension, or denial of the agency’s license in any
21 jurisdiction; amending s. 468.403, F.S.; prohibiting
22 certain acts by persons who are not licensed as a
23 talent agency; amending s. 468.409, F.S.; requiring
24 certain records kept by a talent agency to be readily
25 available for inspection by the department; requiring
26 copies of the records to be provided to the department
27 in a specified manner; amending s. 468.410, F.S.;
28 specifying the time by which a talent agency must give
29 an applicant for the agency’s registration or
30 employment services a copy of the contract for those
31 services; amending s. 468.412, F.S.; requiring a
32 talent agency to advise an artist, in writing, of
33 certain rights relating to contracts for employment;
34 specifying that an engagement procured by a talent
35 agency during a specified period remains
36 commissionable to the agency; limiting a prohibition
37 against division of fees by a talent agency to
38 circumstances in which the artist does not give
39 written consent; providing a definition; authorizing a
40 talent agency to assign an engagement contract to
41 another agency under certain circumstances; amending
42 s. 468.413, F.S.; increasing the penalty that the
43 department may assess against a talent agency that
44 violates certain provisions of law; amending s.
45 468.609, F.S.; deleting a requirement that applicants
46 for building code administrator certification complete
47 a certain core curriculum before taking the
48 certification examination; amending ss. 468.627 and
49 471.0195, F.S.; deleting provisions requiring building
50 code administrator and inspector certificateholders
51 and engineer licensees to complete a certain core
52 curriculum or pass an equivalency test of the Florida
53 Building Code Compliance and Mitigation Program;
54 amending s. 473.305, F.S.; deleting an examination
55 late filing fee applicable to certified public
56 accountant examinees; amending s. 473.311, F.S.;
57 deleting a provision requiring passage of a rules
58 examination for renewal of license as a certified
59 public accountant; amending s. 473.313, F.S.; deleting
60 a provision requiring passage of an examination as a
61 condition for reactivation of an inactive license as a
62 certified public accountant; amending s. 475.175,
63 F.S.; deleting the option to submit a notarized
64 application for a real estate broker or sales
65 associate license; amending s. 475.451, F.S.; limiting
66 the attorney exemption from continuing education
67 requirements to attorneys in good standing with The
68 Florida Bar; amending s. 475.615, F.S.; deleting a
69 requirement that an application for a real estate
70 appraiser certification be notarized; amending ss.
71 476.134 and 476.144, F.S.; requiring a written
72 examination for a barbering license; deleting
73 provisions for a practical examination for barbering
74 license applicants; amending s. 477.026 F.S.;
75 increasing statutory maximums on cosmetology licensing
76 fees; amending ss. 481.215 and 481.313, F.S.; deleting
77 provisions requiring architect, interior designer, and
78 landscape architect licensees to complete a certain
79 core curriculum or pass an equivalency test of the
80 Florida Building Code Compliance and Mitigation
81 Program; amending s. 489.103, F.S.; revising a
82 disclosure statement that a local permitting agency
83 must provide to property owners who apply for building
84 permits and claim certain exemptions from provisions
85 regulating construction contracting; amending s.
86 489.105, F.S.; revising the term “specialty
87 contractor” to require that the scope of work and
88 responsibility of a specialty contractor be
89 established in a category of construction contracting
90 adopted by rule of the Construction Industry Licensing
91 Board; amending s. 489.109, F.S.; increasing statutory
92 maximums on construction renewal fees; establishing a
93 fee for registration or certification to qualify a
94 business organization for contracting; deleting
95 provisions relating to a business organization’s
96 certificate of authority to conform to changes made by
97 the act; amending s. 489.114, F.S.; deleting
98 provisions relating to a business organization’s
99 certificate of authority to conform to changes made by
100 the act; amending s. 489.115, F.S.; deleting
101 provisions requiring construction contractor
102 certificateholders and registrants to complete a
103 certain core curriculum or pass an equivalency test of
104 the Florida Building Code Compliance and Mitigation
105 Program; amending s. 489.117, F.S.; revising
106 requirements for the registration of certain
107 contractors; deleting provisions requiring a
108 contractor applicant to submit proof of a local
109 occupational license; specifying circumstances under
110 which a specialty contractor holding a local license
111 is not required to register with the board; deleting
112 provisions for the issuance of tracking registrations
113 to certain contractors who are not eligible for
114 registration as specialty contractors; limiting the
115 licensing and disciplinary actions that local
116 jurisdictions must report to the board to certain
117 actions of registered contractors; deleting provisions
118 requiring the board to establish uniform job scopes
119 for any construction contracting license category;
120 amending s. 489.119, F.S.; deleting provisions for the
121 issuance of a certificate of authority to a business
122 organization for contracting; requiring a contractor
123 to apply for registration or certification to qualify
124 a business organization as the qualifying agent;
125 authorizing the board to deny a registration or
126 certification to qualify a business organization under
127 certain circumstances; providing application
128 procedures and requirements for the issuance of a
129 business tax receipt to a business organization;
130 deleting provisions for the issuance of an
131 occupational license to a business organization;
132 authorizing a local government to impose fines against
133 certified or registered contractors under certain
134 circumstances; requiring the qualifying agent of a
135 business organization to present certain evidence to
136 the board; providing that the board has discretion to
137 approve a business organization; amending ss. 489.127,
138 489.128, 489.129, and 489.132, F.S.; deleting
139 provisions relating to a business organization’s
140 certificate of authority for contracting to conform to
141 changes made by the act; amending s. 489.1455, F.S.;
142 deleting provisions requiring certain journeymen
143 licensees to complete a certain core curriculum or
144 pass an equivalency test of the Florida Building Code
145 Compliance and Mitigation Program; amending s.
146 489.505, F.S.; revising the term “specialty
147 contractor” to require that the scope of practice of a
148 specialty contractor be established in a category of
149 electrical or alarm system contracting adopted by rule
150 of the Electrical Contractors’ Licensing Board;
151 amending s. 489.513, F.S.; deleting a requirement that
152 the local license required for an electrical or alarm
153 system contractor be an occupational license; limiting
154 the licensing and disciplinary actions that local
155 jurisdictions must report to the board to certain
156 actions of registered contractors; deleting provisions
157 requiring the board to establish uniform job scopes
158 for any electrical and alarm system contracting
159 license category; amending s. 489.516, F.S.;
160 authorizing local officials to require a contractor to
161 obtain a business tax receipt; deleting provisions
162 requiring a contractor to pay an occupational license
163 fee; amending s. 489.517, F.S.; deleting provisions
164 requiring electrical and alarm system contractor
165 certificateholders and registrants to complete a
166 certain core curriculum or pass an equivalency test of
167 the Florida Building Code Compliance and Mitigation
168 Program; amending s. 489.521, F.S.; providing
169 application procedures and requirements for the
170 issuance of a business tax receipt to a business
171 organization; deleting provisions for the issuance of
172 an occupational license to a business organization;
173 amending s. 489.5315, F.S.; specifying that certain
174 electrical or alarm system contractors are not
175 required to obtain a business tax receipt; deleting a
176 provision exempting certain contractors from
177 requirements for an occupational license to conform to
178 changes made by the act; amending s. 489.532, F.S.;
179 revising the circumstances under which a person is
180 considered an unlicensed electrical or alarm system
181 contractor; amending s. 489.537, F.S.; authorizing a
182 county or municipality to collect fees for business
183 tax receipts from electrical and alarm system
184 contractors; deleting a provision authorizing the
185 collection of occupational license fees; amending s.
186 509.233, F.S.; authorizing local governments to
187 establish, by ordinance, local exemption procedures to
188 allow patrons’ dogs within certain designated outdoor
189 portions of public food service establishments;
190 deleting provisions for a pilot program that limits
191 the authority for such local exemption procedures to a
192 specified time; deleting a provision that provides for
193 the future review and repeal of such pilot program;
194 amending s. 548.002, F.S.; defining the term “event”
195 for regulation of pugilistic exhibitions; amending s.
196 548.003, F.S.; authorizing the Florida State Boxing
197 Commission to adopt criteria for the approval of
198 certain amateur sanctioning organizations; authorizing
199 the commission to adopt health and safety standards
200 for amateur mixed martial arts; reenacting ss.
201 468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
202 471.033(1)(a), 472.033(1)(a), 473.323(1)(a),
203 475.25(1)(a), 475.624(1), 476.204(1)(h),
204 477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
205 relating to the discipline of community association
206 managers or firms, home inspectors, mold assessors and
207 remediators, engineers, surveyors and mappers,
208 certified public accountants and accounting firms,
209 real estate brokers and sales associates, real estate
210 appraisers, barbers, cosmetologists, architects, and
211 landscape architects, to incorporate the amendment
212 made to s. 455.227, F.S., in references thereto;
213 repealing s. 509.201, F.S., relating to posting and
214 advertising the room rates of a public lodging
215 establishment and related penalties; providing
216 effective dates.
217
218 Be It Enacted by the Legislature of the State of Florida:
219
220 Section 1. Subsection (1) of section 455.213, Florida
221 Statutes, is amended to read:
222 455.213 General licensing provisions.—
223 (1) Any person desiring to be licensed shall apply to the
224 department in writing. The application for licensure shall be
225 submitted made on a form prescribed prepared and furnished by
226 the department and must include the applicant’s social security
227 number. Notwithstanding any other provision of law, the
228 department is the sole authority for determining the contents of
229 any documents to be submitted for initial licensure and
230 licensure renewal. Such documents may contain information
231 including, as appropriate: demographics, education, work
232 history, personal background, criminal history, finances,
233 business information, complaints, inspections, investigations,
234 discipline, bonding, signature notarization, photographs,
235 performance periods, reciprocity, local government approvals,
236 supporting documentation, periodic reporting requirements,
237 fingerprint requirements, continuing education requirements, and
238 ongoing education monitoring. The application shall be
239 supplemented as needed to reflect any material change in any
240 circumstance or condition stated in the application which takes
241 place between the initial filing of the application and the
242 final grant or denial of the license and which might affect the
243 decision of the department. In order to further the economic
244 development goals of the state, and notwithstanding any law to
245 the contrary, the department may enter into an agreement with
246 the county tax collector for the purpose of appointing the
247 county tax collector as the department’s agent to accept
248 applications for licenses and applications for renewals of
249 licenses. The agreement must specify the time within which the
250 tax collector must forward any applications and accompanying
251 application fees to the department. In cases where a person
252 applies or schedules directly with a national examination
253 organization or examination vendor to take an examination
254 required for licensure, any organization- or vendor-related fees
255 associated with the examination may be paid directly to the
256 organization or vendor. An application is received for purposes
257 of s. 120.60 upon the department’s receipt of the application
258 submitted in the format prescribed by the department; the
259 application fee set by the board or, if there is no board, set
260 by the department; and any other fee required by law or rule to
261 be remitted with the application.
262 Section 2. Paragraphs (t) and (u) are added to subsection
263 (1) of section 455.227, Florida Statutes, to read:
264 455.227 Grounds for discipline; penalties; enforcement.—
265 (1) The following acts shall constitute grounds for which
266 the disciplinary actions specified in subsection (2) may be
267 taken:
268 (t) Failing to report in writing to the board or, if there
269 is no board, to the department within 30 days after the licensee
270 is convicted or found guilty of, or entered a plea of nolo
271 contendere or guilty to, regardless of adjudication, a crime in
272 any jurisdiction. A licensee must report a conviction, finding
273 of guilt, plea, or adjudication entered before the effective
274 date of this paragraph within 30 days after the effective date
275 of this paragraph.
276 (u) Termination from a treatment program for impaired
277 practitioners as described in s. 456.076 for failure to comply,
278 without good cause, with the terms of the monitoring or
279 treatment contract entered into by the licensee or failing to
280 successfully complete a drug or alcohol treatment program.
281 Section 3. Section 455.2274, Florida Statutes, is created
282 to read:
283 455.2274 Criminal proceedings against licensees;
284 appearances by department representatives.—A representative of
285 the department may voluntarily appear in a criminal proceeding
286 brought against a person licensed by the department to practice
287 a profession regulated by the state. The department’s
288 representative is authorized to furnish pertinent information,
289 make recommendations regarding specific conditions of probation,
290 and provide other assistance to the court necessary to promote
291 justice or protect the public. The court may order a
292 representative of the department to appear in a criminal
293 proceeding if the crime charged is substantially related to the
294 qualifications, functions, or duties of a license regulated by
295 the department.
296 Section 4. Paragraph (i) of subsection (1) of section
297 468.402, Florida Statutes, is amended to read:
298 468.402 Duties of the department; authority to issue and
299 revoke license; adoption of rules.—
300 (1) The department may take any one or more of the actions
301 specified in subsection (5) against any person who has:
302 (i) Had a license to operate a talent agency revoked,
303 suspended, or otherwise acted against, including, but not
304 limited to, having been denied a license for good cause by the
305 licensing authority of any another state, territory, or country.
306 Section 5. Subsection (1) of section 468.403, Florida
307 Statutes, is amended to read:
308 468.403 License requirements.—
309 (1) A person may not own, operate, solicit business, or
310 otherwise engage in or carry on the occupation of a talent
311 agency in this state unless the such person first procures a
312 license for the talent agency from the department. However, A
313 license is not required for a person who acts as an agent for
314 herself or himself, a family member, or exclusively for one
315 artist. However, a person may not advertise or otherwise hold
316 himself or herself out as a “talent agency” or “talent agent”
317 unless the person is licensed under this section as a talent
318 agency.
319 Section 6. Section 468.409, Florida Statutes, is amended to
320 read:
321 468.409 Records required to be kept.—Each talent agency
322 shall keep on file the application, registration, or contract of
323 each artist. In addition, such file must include the name and
324 address of each artist, the amount of the compensation received,
325 and all attempts to procure engagements for the artist. No such
326 agency or employee thereof shall knowingly make any false entry
327 in applicant files or receipt files. Each card or document in
328 such files shall be preserved for a period of 1 year after the
329 date of the last entry thereon. Records required under this
330 section shall be readily available for inspection by the
331 department during reasonable business hours at the talent
332 agency’s principal office. A talent agency must provide the
333 department with true copies of the records in the manner
334 prescribed by the department.
335 Section 7. Subsection (3) of section 468.410, Florida
336 Statutes, is amended to read:
337 468.410 Prohibition against registration fees; referral.—
338 (3) A talent agency shall give each applicant a copy of a
339 contract, within 24 hours after the contract’s execution, which
340 lists the services to be provided and the fees to be charged.
341 The contract shall state that the talent agency is regulated by
342 the department and shall list the address and telephone number
343 of the department.
344 Section 8. Subsections (5) and (8) of section 468.412,
345 Florida Statutes, are amended, and subsection (11) is added to
346 that section, to read:
347 468.412 Talent agency regulations; prohibited acts.—
348 (5)(a) No talent agency may knowingly issue a contract for
349 employment containing any term or condition which, if complied
350 with, would be in violation of law, or attempt to fill an order
351 for help to be employed in violation of law.
352 (b) A talent agency must advise an artist, in writing, that
353 the artist has a right to rescind a contract for employment
354 within the first 3 business days after the contract’s execution.
355 Any engagement procured by the talent agency for the artist
356 during the first 3 business days of the contract remains
357 commissionable to the talent agency.
358 (8) No talent agency, without the written consent of the
359 artist, may divide fees with anyone, including, but not limited
360 to, an agent or other employee of an employer, a buyer, a
361 casting director, a producer, a director, or any venue that uses
362 entertainment. For purposes of this subsection, to “divide fees”
363 includes the sharing among two or more persons those fees
364 charged to an artist for services performed on behalf of that
365 artist, the total amount of which fees exceeds the amount that
366 would have been charged to the artist by the talent agency
367 alone.
368 (11) A talent agency may assign an engagement contract to
369 another talent agency licensed in this state only if the artist
370 agrees in writing to the assignment. The assignment must occur,
371 and written notice of the assignment must be given to the
372 artist, within 30 days after the artist agrees in writing to the
373 assignment.
374 Section 9. Subsection (4) of section 468.413, Florida
375 Statutes, is amended to read:
376 468.413 Legal requirements; penalties.—
377 (4) In the event the department or any state attorney shall
378 have probable cause to believe that a talent agency or other
379 person has violated any provision of subsection (1), an action
380 may be brought by the department or any state attorney to enjoin
381 such talent agency or any person from continuing such violation,
382 or engaging therein or doing any acts in furtherance thereof,
383 and for such other relief as to the court seems appropriate. In
384 addition to this remedy, the department may assess a penalty
385 against any talent agency or any person in an amount not to
386 exceed $5,000 $1,000.
387 Section 10. Paragraph (d) of subsection (3) of section
388 468.609, Florida Statutes, is amended to read:
389 468.609 Administration of this part; standards for
390 certification; additional categories of certification.—
391 (3) A person may take the examination for certification as
392 a building code administrator pursuant to this part if the
393 person:
394 (d) After the building code training program is established
395 under s. 553.841, demonstrates successful completion of the core
396 curriculum approved by the Florida Building Commission,
397 appropriate to the licensing category sought.
398 Section 11. Subsection (6) of section 468.627, Florida
399 Statutes, is amended to read:
400 468.627 Application; examination; renewal; fees.—
401 (6) Each certificateholder shall provide to the board proof
402 of completion of the core curriculum courses of the building
403 code training program established by s. 553.841, within 2 years
404 after commencement of the program. Each new certificateholder
405 shall provide to the board proof of completion of the core
406 curriculum courses of the building code training program
407 established in s. 553.841 within the first 2-year period after
408 initial licensure. Continuing education hours spent taking such
409 core curriculum courses shall count toward the number required
410 for license renewal.
411 Section 12. Section 471.0195, Florida Statutes, is amended
412 to read:
413 471.0195 Florida Building Code training for engineers.—All
414 licensees actively participating in the design of engineering
415 works or systems in connection with buildings, structures, or
416 facilities and systems covered by the Florida Building Code
417 shall take continuing education courses and submit proof to the
418 board, at such times and in such manner as established by the
419 board by rule, that the licensee has completed the core
420 curriculum courses and any specialized or advanced courses on
421 any portion of the Florida Building Code applicable to the
422 licensee’s area of practice or has passed the appropriate
423 equivalency test of the Building Code Training Program as
424 required by s. 553.841. The board shall record reported
425 continuing education courses on a system easily accessed by code
426 enforcement jurisdictions for evaluation when determining
427 license status for purposes of processing design documents.
428 Local jurisdictions shall be responsible for notifying the board
429 when design documents are submitted for building construction
430 permits by persons who are not in compliance with this section.
431 The board shall take appropriate action as provided by its rules
432 when such noncompliance is determined to exist.
433 Section 13. Section 473.305, Florida Statutes, is amended
434 to read:
435 473.305 Fees.—The board, by rule, may establish fees to be
436 paid for applications, examination, reexamination, licensing and
437 renewal, reinstatement, and recordmaking and recordkeeping. The
438 fee for the examination shall be established at an amount that
439 covers the costs for the procurement or development,
440 administration, grading, and review of the examination. The fee
441 for the examination is refundable if the applicant is found to
442 be ineligible to sit for the examination. The fee for initial
443 application is nonrefundable, and the combined fees for
444 application and examination may not exceed $250 plus the actual
445 per applicant cost to the department for purchase of the
446 examination from the American Institute of Certified Public
447 Accountants or a similar national organization. The biennial
448 renewal fee may not exceed $250. The board may also establish,
449 by rule, a reactivation fee, a late filing fee for the law and
450 rules examination, and a delinquency fee not to exceed $50 for
451 continuing professional education reporting forms. The board
452 shall establish fees which are adequate to ensure the continued
453 operation of the board and to fund the proportionate expenses
454 incurred by the department which are allocated to the regulation
455 of public accountants. Fees shall be based on department
456 estimates of the revenue required to implement this chapter and
457 the provisions of law with respect to the regulation of
458 certified public accountants.
459 Section 14. Subsection (1) of section 473.311, Florida
460 Statutes, is amended to read:
461 473.311 Renewal of license.—
462 (1) The department shall renew a license upon receipt of
463 the renewal application and fee and upon certification by the
464 board that the licensee has satisfactorily completed the
465 continuing education requirements of s. 473.312 and has passed
466 an examination approved by the board on chapter 455 and this
467 chapter and the related administrative rules. However, each
468 licensee must complete the requirements of s. 473.312(1)(c)
469 prior to taking the examination.
470 Section 15. Subsection (3) of section 473.313, Florida
471 Statutes, is amended to read:
472 473.313 Inactive status.—
473 (3) Any licensee holding an inactive license may be
474 permitted to reactivate such license in a conditional manner.
475 The conditions of reactivation shall require, in addition to the
476 payment of fees, the passing of the examination approved by the
477 board concerning chapter 455 and this chapter, and the related
478 administrative rules, and the completion of required continuing
479 education.
480 Section 16. Paragraph (a) of subsection (1) of section
481 475.175, Florida Statutes, is amended to read:
482 475.175 Examinations.—
483 (1) A person shall be entitled to take the license
484 examination to practice in this state if the person:
485 (a) Submits to the department the appropriate notarized or
486 electronically authenticated application and fee, and a
487 fingerprint card. The fingerprint card shall be forwarded to the
488 Division of Criminal Justice Information Systems within the
489 Department of Law Enforcement for purposes of processing the
490 fingerprint card to determine if the applicant has a criminal
491 history record. The fingerprint card shall also be forwarded to
492 the Federal Bureau of Investigation for purposes of processing
493 the fingerprint card to determine if the applicant has a
494 criminal history record. The information obtained by the
495 processing of the fingerprint card by the Florida Department of
496 Law Enforcement and the Federal Bureau of Investigation shall be
497 sent to the department for the purpose of determining if the
498 applicant is statutorily qualified for examination. Effective
499 July 1, 2006, an applicant shall provide fingerprints in
500 electronic format.
501 Section 17. Subsection (6) of section 475.451, Florida
502 Statutes, is amended to read:
503 475.451 Schools teaching real estate practice.—
504 (6) Any course prescribed by the commission as a condition
505 precedent to any person’s becoming initially licensed as a sales
506 associate may be taught in any real estate school through the
507 use of a video tape of instruction by a currently permitted
508 instructor from any such school or may be taught by distance
509 learning pursuant to s. 475.17(2). The commission may require
510 that any such video tape course have a single session of live
511 instruction by a currently permitted instructor from any such
512 school; however, this requirement shall not exceed 3 classroom
513 hours. All other prescribed courses, except the continuing
514 education course required by s. 475.182, shall be taught by a
515 currently permitted school instructor personally in attendance
516 at such course or by distance learning pursuant to s. 475.17.
517 The continuing education course required by s. 475.182 may be
518 taught by distance learning pursuant to s. 475.17 or by an
519 equivalent correspondence course; however, any such
520 correspondence course shall be required to have a final
521 examination, prepared and administered by the school issuing the
522 correspondence course. The continuing education requirements
523 provided in this section or provided in any other section in
524 this chapter do not apply with respect to an any attorney who is
525 otherwise qualified under the provisions of this chapter and who
526 is a member in good standing of The Florida Bar.
527 Section 18. Subsection (5) of section 475.615, Florida
528 Statutes, is amended to read:
529 475.615 Qualifications for registration or certification.—
530 (5) At the time of filing an a notarized application for
531 registration or certification, the applicant must sign a pledge
532 to comply with the Uniform Standards of Professional Appraisal
533 Practice upon registration or certification and must indicate in
534 writing that she or he understands the types of misconduct for
535 which disciplinary proceedings may be initiated. The application
536 shall expire 1 year after the date received.
537 Section 19. Subsection (1) of section 476.134, Florida
538 Statutes, is amended to read:
539 476.134 Examinations.—
540 (1) Examinations of applicants for licenses as barbers
541 shall be offered not less than four times each year. The
542 examination of applicants for licenses as barbers shall may
543 include both a practical demonstration and a written test. The
544 board shall have the authority to adopt rules with respect to
545 the examination of applicants for licensure. The board may
546 provide rules with respect to written or practical examinations
547 in such manner as the board may deem fit.
548 Section 20. Paragraph (b) of subsection (6) of section
549 476.144, Florida Statutes, is amended to read:
550 476.144 Licensure.—
551 (6) A person may apply for a restricted license to practice
552 barbering. The board shall adopt rules specifying procedures for
553 an applicant to obtain a restricted license if the applicant:
554 (b) Passes a written examination on the laws and rules
555 governing the practice of barbering in Florida, as established
556 by the board, and a practical examination approved by the board.
557
558 The restricted license shall limit the licensee’s practice to
559 those specific areas in which the applicant has demonstrated
560 competence pursuant to rules adopted by the board.
561 Section 21. Subsection (6) of section 481.215, Florida
562 Statutes, is renumbered as subsection (5), and present
563 subsection (5) of that section is amended, to read:
564 481.215 Renewal of license.—
565 (5) Each licensee shall provide to the board proof of
566 completion of the core curriculum courses, or passing the
567 equivalency test of the Building Code Training Program
568 established by s. 553.841, within 2 years after commencement of
569 the program or after initial licensure, whichever is later.
570 Hours spent taking core curriculum courses shall count toward
571 the number required for license renewal. A licensee who passes
572 the equivalency test in lieu of taking the core curriculum
573 courses shall receive full credit for such core curriculum
574 course hours.
575 Section 22. Subsection (6) of section 481.313, Florida
576 Statutes, is renumbered as subsection (5), and present
577 subsection (5) of that section is amended, to read:
578 481.313 Renewal of license.—
579 (5) Each licenseholder shall provide to the board proof of
580 completion of the core curriculum courses, or passing the
581 equivalency test of the Building Code Training Program
582 established by s. 553.841, within 2 years after commencement of
583 the program or of initial licensure, whichever is later. Hours
584 spent taking core curriculum courses shall count toward the
585 number required for license renewal. A licensee who passes the
586 equivalency test in lieu of taking the core curriculum courses
587 shall receive full credit for core curriculum course hours.
588 Section 23. Subsection (7) of section 489.103, Florida
589 Statutes, is amended to read:
590 489.103 Exemptions.—This part does not apply to:
591 (7) Owners of property when acting as their own contractor
592 and providing direct, onsite supervision themselves of all work
593 not performed by licensed contractors:
594 (a) When building or improving farm outbuildings or one
595 family or two-family residences on such property for the
596 occupancy or use of such owners and not offered for sale or
597 lease, or building or improving commercial buildings, at a cost
598 not to exceed $75,000, on such property for the occupancy or use
599 of such owners and not offered for sale or lease. In an action
600 brought under this part, proof of the sale or lease, or offering
601 for sale or lease, of any such structure by the owner-builder
602 within 1 year after completion of same creates a presumption
603 that the construction was undertaken for purposes of sale or
604 lease.
605 (b) When repairing or replacing wood shakes or asphalt or
606 fiberglass shingles on one-family, two-family, or three-family
607 residences for the occupancy or use of such owner or tenant of
608 the owner and not offered for sale within 1 year after
609 completion of the work and when the property has been damaged by
610 natural causes from an event recognized as an emergency
611 situation designated by executive order issued by the Governor
612 declaring the existence of a state of emergency as a result and
613 consequence of a serious threat posed to the public health,
614 safety, and property in this state.
615
616 This subsection does not exempt any person who is employed by or
617 has a contract with such owner and who acts in the capacity of a
618 contractor. The owner may not delegate the owner’s
619 responsibility to directly supervise all work to any other
620 person unless that person is registered or certified under this
621 part and the work being performed is within the scope of that
622 person’s license. For the purposes of this subsection, the term
623 “owners of property” includes the owner of a mobile home
624 situated on a leased lot. To qualify for exemption under this
625 subsection, an owner must personally appear and sign the
626 building permit application and must satisfy local permitting
627 agency requirements, if any, proving that the owner has a
628 complete understanding of the owner’s obligations under the law
629 as specified in the disclosure statement in this section. If any
630 person violates the requirements of this subsection, the local
631 permitting agency shall withhold final approval, revoke the
632 permit, or pursue any action or remedy for unlicensed activity
633 against the owner and any person performing work that requires
634 licensure under the permit issued. The local permitting agency
635 shall provide the person with a disclosure statement in
636 substantially the following form:
637
638 DISCLOSURE STATEMENT
639
640 1. I understand that state law requires construction
641 to be done by a licensed contractor and have applied
642 for an owner-builder permit under an exemption from
643 the law. The exemption specifies that I, as the owner
644 of the property listed, may act as my own contractor
645 with certain restrictions even though I do not have a
646 license.
647
648 2. I understand that building permits are not required
649 to be signed by a property owner unless he or she is
650 responsible for the construction and is not hiring a
651 licensed contractor to assume responsibility.
652
653 3. I understand that, as an owner-builder, I am the
654 responsible party of record on a permit. I understand
655 that I may protect myself from potential financial
656 risk by hiring a licensed contractor and having the
657 permit filed in his or her name instead of my own
658 name. I also understand that a contractor is required
659 by law to be licensed in Florida and to list his or
660 her license numbers on permits and contracts.
661
662 4. I understand that I may build or improve a one
663 family or two-family residence or a farm outbuilding.
664 I may also build or improve a commercial building if
665 the costs do not exceed $75,000. The building or
666 residence must be for my own use or occupancy. It may
667 not be built or substantially improved for sale or
668 lease. If a building or residence that I have built or
669 substantially improved myself is sold or leased within
670 1 year after the construction is complete, the law
671 will presume that I built or substantially improved it
672 for sale or lease, which violates the exemption.
673
674 5. I understand that, as the owner-builder, I must
675 provide direct, onsite supervision of the
676 construction.
677
678 6. I understand that I may not hire an unlicensed
679 person to act as my contractor or to supervise persons
680 working on my building or residence. It is my
681 responsibility to ensure that the persons whom I
682 employ have the licenses required by law and by county
683 or municipal ordinance.
684
685 7. I understand that it is a frequent practice of
686 unlicensed persons to have the property owner obtain
687 an owner-builder permit that erroneously implies that
688 the property owner is providing his or her own labor
689 and materials. I, as an owner-builder, may be held
690 liable and subjected to serious financial risk for any
691 injuries sustained by an unlicensed person or his or
692 her employees while working on my property. My
693 homeowner’s insurance may not provide coverage for
694 those injuries. I am willfully acting as an owner
695 builder and am aware of the limits of my insurance
696 coverage for injuries to workers on my property.
697
698 8. I understand that I may not delegate the
699 responsibility for supervising work to a licensed
700 contractor who is not licensed to perform the work
701 being done. Any person working on my building who is
702 not licensed must work under my direct supervision and
703 must be employed by me, which means that I must comply
704 with laws requiring the withholding of federal income
705 tax and social security contributions under the
706 Federal Insurance Contributions Act (FICA) and must
707 provide workers’ compensation for the employee. I
708 understand that my failure to follow these laws may
709 subject me to serious financial risk.
710
711 9. I agree that, as the party legally and financially
712 responsible for this proposed construction activity, I
713 will abide by all applicable laws and requirements
714 that govern owner-builders as well as employers. I
715 also understand that the construction must comply with
716 all applicable laws, ordinances, building codes, and
717 zoning regulations.
718
719 10. I understand that I may obtain more information
720 regarding my obligations as an employer from the
721 Internal Revenue Service, the United States Small
722 Business Administration, the Florida Department of
723 Financial Services, and the Florida Department of
724 Revenue. I also understand that I may contact the
725 Florida Construction Industry Licensing Board at
726 ...(telephone number)... or ... (Internet website
727 address)... for more information about licensed
728 contractors.
729
730 11. I am aware of, and consent to, an owner-builder
731 building permit applied for in my name and understand
732 that I am the party legally and financially
733 responsible for the proposed construction activity at
734 the following address: ...(address of property)....
735
736 12. I agree to notify ...(issuer of disclosure
737 statements)... immediately of any additions,
738 deletions, or changes to any of the information that I
739 have provided on this disclosure.
740
741 Licensed contractors are regulated by laws designed to
742 protect the public. If you contract with a person who
743 does not have a license, the Construction Industry
744 Licensing Board and Department of Business and
745 Professional Regulation may be unable to assist you
746 with any financial loss that you sustain as a result
747 of a complaint. Your only remedy against an unlicensed
748 contractor may be in civil court. It is also important
749 for you to understand that, if an unlicensed
750 contractor or employee of an individual or firm is
751 injured while working on your property, you may be
752 held liable for damages. If you obtain an owner
753 builder permit and wish to hire a licensed contractor,
754 you will be responsible for verifying whether the
755 contractor is properly licensed and the status of the
756 contractor’s workers’ compensation coverage.
757
758 Before a building permit may be issued, this
759 disclosure statement must be completed and signed by
760 the property owner and returned to the local
761 permitting agency responsible for issuing the permit.
762 A copy of the property owner’s driver license, the
763 notarized signature of the property owner, or other
764 type of verification acceptable to the local
765 permitting agency is required when the permit is
766 issued.
767
768 Signature: ...(signature of property owner)....
769 Date: ...(date)....
770
771 State law requires construction to be done by licensed
772 contractors. You have applied for a permit under an exemption to
773 that law. The exemption allows you, as the owner of your
774 property, to act as your own contractor with certain
775 restrictions even though you do not have a license. You must
776 provide direct, onsite supervision of the construction yourself.
777 You may build or improve a one-family or two-family residence or
778 a farm outbuilding. You may also build or improve a commercial
779 building, provided your costs do not exceed $75,000. The
780 building or residence must be for your own use or occupancy. It
781 may not be built or substantially improved for sale or lease. If
782 you sell or lease a building you have built or substantially
783 improved yourself within 1 year after the construction is
784 complete, the law will presume that you built or substantially
785 improved it for sale or lease, which is a violation of this
786 exemption. You may not hire an unlicensed person to act as your
787 contractor or to supervise people working on your building. It
788 is your responsibility to make sure that people employed by you
789 have licenses required by state law and by county or municipal
790 licensing ordinances. You may not delegate the responsibility
791 for supervising work to a licensed contractor who is not
792 licensed to perform the work being done. Any person working on
793 your building who is not licensed must work under your direct
794 supervision and must be employed by you, which means that you
795 must deduct F.I.C.A. and withholding tax and provide workers’
796 compensation for that employee, all as prescribed by law. Your
797 construction must comply with all applicable laws, ordinances,
798 building codes, and zoning regulations.
799 Section 24. Paragraph (q) of subsection (3) of section
800 489.105, Florida Statutes, is amended to read:
801 489.105 Definitions.—As used in this part:
802 (3) “Contractor” means the person who is qualified for, and
803 shall only be responsible for, the project contracted for and
804 means, except as exempted in this part, the person who, for
805 compensation, undertakes to, submits a bid to, or does himself
806 or herself or by others construct, repair, alter, remodel, add
807 to, demolish, subtract from, or improve any building or
808 structure, including related improvements to real estate, for
809 others or for resale to others; and whose job scope is
810 substantially similar to the job scope described in one of the
811 subsequent paragraphs of this subsection. For the purposes of
812 regulation under this part, “demolish” applies only to
813 demolition of steel tanks over 50 feet in height; towers over 50
814 feet in height; other structures over 50 feet in height, other
815 than buildings or residences over three stories tall; and
816 buildings or residences over three stories tall. Contractors are
817 subdivided into two divisions, Division I, consisting of those
818 contractors defined in paragraphs (a)-(c), and Division II,
819 consisting of those contractors defined in paragraphs (d)-(q):
820 (q) “Specialty contractor” means a contractor whose scope
821 of work and responsibility is limited to a particular phase of
822 construction established in a category adopted by board rule and
823 whose scope is limited to a subset of the activities described
824 in the categories established in one of the paragraphs of this
825 subsection.
826 Section 25. Paragraphs (a) and (d) of subsection (1) of
827 section 489.109, Florida Statutes, are amended to read:
828 489.109 Fees.—
829 (1) The board, by rule, shall establish reasonable fees to
830 be paid for applications, certification and renewal,
831 registration and renewal, and recordmaking and recordkeeping.
832 The fees shall be established as follows:
833 (a) With respect to an applicant for a certificate, the
834 initial application fee may not exceed $150, and, if an
835 examination cost is included in the application fee, the
836 combined amount may not exceed $350. The initial certification
837 fee and the renewal fee may not exceed $250 $200. However, any
838 applicant who seeks certification under this part by taking a
839 practical examination must pay as an examination fee the actual
840 cost incurred by the department in developing, preparing,
841 administering, scoring, score reporting, and evaluating the
842 examination, if the examination is conducted by the department.
843 (d) With respect to an application for registration or
844 certification to qualify a business organization, the initial
845 application fee and the renewal fee shall be $50. The board, by
846 rule, may establish a fee for transfer of a certificate of
847 authority from one business organization to another, not to
848 exceed the applicable renewal fee.
849 Section 26. Section 489.114, Florida Statutes, is amended
850 to read:
851 489.114 Evidence of workers’ compensation coverage.—Except
852 as provided in s. 489.115(5)(d), any person, business
853 organization, or qualifying agent engaged in the business of
854 contracting in this state and certified or registered under this
855 part shall, as a condition precedent to the issuance or renewal
856 of a certificate or, registration, or certificate of authority
857 of the contractor, provide to the Construction Industry
858 Licensing Board, as provided by board rule, evidence of workers’
859 compensation coverage pursuant to chapter 440. In the event that
860 the Division of Workers’ Compensation of the Department of
861 Financial Services receives notice of the cancellation of a
862 policy of workers’ compensation insurance insuring a person or
863 entity governed by this section, the Division of Workers’
864 Compensation shall certify and identify all persons or entities
865 by certification or registration license number to the
866 department after verification is made by the Division of
867 Workers’ Compensation that persons or entities governed by this
868 section are no longer covered by workers’ compensation
869 insurance. Such certification and verification by the Division
870 of Workers’ Compensation may result from records furnished to
871 the Division of Workers’ Compensation by the persons or entities
872 governed by this section or an investigation completed by the
873 Division of Workers’ Compensation. The department shall notify
874 the persons or entities governed by this section who have been
875 determined to be in noncompliance with chapter 440, and the
876 persons or entities notified shall provide certification of
877 compliance with chapter 440 to the department and pay an
878 administrative fine in the amount of $500. The failure to
879 maintain workers’ compensation coverage as required by law shall
880 be grounds for the board to revoke, suspend, or deny the
881 issuance or renewal of a certificate or, registration, or
882 certificate of authority of the contractor under the provisions
883 of s. 489.129.
884 Section 27. Paragraph (b) of subsection (4) of section
885 489.115, Florida Statutes, is amended to read:
886 489.115 Certification and registration; endorsement;
887 reciprocity; renewals; continuing education.—
888 (4)
889 (b)1. Each certificateholder or registrant shall provide
890 proof, in a form established by rule of the board, that the
891 certificateholder or registrant has completed at least 14
892 classroom hours of at least 50 minutes each of continuing
893 education courses during each biennium since the issuance or
894 renewal of the certificate or registration. The board shall
895 establish by rule that a portion of the required 14 hours must
896 deal with the subject of workers’ compensation, business
897 practices, workplace safety, and, for applicable licensure
898 categories, wind mitigation methodologies, and 1 hour of which
899 must deal with laws and rules. The board shall by rule establish
900 criteria for the approval of continuing education courses and
901 providers, including requirements relating to the content of
902 courses and standards for approval of providers, and may by rule
903 establish criteria for accepting alternative nonclassroom
904 continuing education on an hour-for-hour basis. The board shall
905 prescribe by rule the continuing education, if any, which is
906 required during the first biennium of initial licensure. A
907 person who has been licensed for less than an entire biennium
908 must not be required to complete the full 14 hours of continuing
909 education.
910 2. In addition, the board may approve specialized
911 continuing education courses on compliance with the wind
912 resistance provisions for one and two family dwellings contained
913 in the Florida Building Code and any alternate methodologies for
914 providing such wind resistance which have been approved for use
915 by the Florida Building Commission. Division I
916 certificateholders or registrants who demonstrate proficiency
917 upon completion of such specialized courses may certify plans
918 and specifications for one and two family dwellings to be in
919 compliance with the code or alternate methodologies, as
920 appropriate, except for dwellings located in floodways or
921 coastal hazard areas as defined in ss. 60.3D and E of the
922 National Flood Insurance Program.
923 3. Each certificateholder or registrant shall provide to
924 the board proof of completion of the core curriculum courses, or
925 passing the equivalency test of the Building Code Training
926 Program established under s. 553.841, specific to the licensing
927 category sought, within 2 years after commencement of the
928 program or of initial certification or registration, whichever
929 is later. Classroom hours spent taking core curriculum courses
930 shall count toward the number required for renewal of
931 certificates or registration. A certificateholder or registrant
932 who passes the equivalency test in lieu of taking the core
933 curriculum courses shall receive full credit for core curriculum
934 course hours.
935 3.4. The board shall require, by rule adopted pursuant to
936 ss. 120.536(1) and 120.54, a specified number of hours in
937 specialized or advanced module courses, approved by the Florida
938 Building Commission, on any portion of the Florida Building
939 Code, adopted pursuant to part IV of chapter 553, relating to
940 the contractor’s respective discipline.
941 Section 28. Paragraph (a) of subsection (1) and subsections
942 (4) and (5) of section 489.117, Florida Statutes, are amended to
943 read:
944 489.117 Registration; specialty contractors.—
945 (1)(a) Any person engaged in the business of a contractor
946 as defined in s. 489.105(3)(a)-(o) must in the state shall be
947 registered in the proper classification, unless he or she is
948 certified. Any person entering the business of a contractor
949 shall be registered before prior to engaging in business as a
950 contractor in this state, unless he or she is certified. To be
951 initially registered, the applicant shall submit the required
952 fee and file evidence, in a form provided by the department, of
953 holding a current local occupational license required by any
954 municipality, county, or development district, if any, for the
955 type of work for which registration is desired and evidence of
956 successful compliance with the local examination and licensing
957 requirements, if any, in the area for which registration is
958 desired. An No examination is not shall be required for
959 registration.
960 (4)(a) A person holding a local license whose job scope
961 does not substantially correspond to either the job scope of one
962 of the contractor categories defined in s. 489.105(3)(a)-(o), or
963 the job scope of one of the certified specialty contractor
964 categories previously established by board rule as of the
965 effective date of this provision, is shall not be required to
966 register with the board to perform contracting activities within
967 the scope of such specialty license.
968 (b) A local jurisdiction may require an individual holding
969 a local specialty contractor license in a category which
970 pursuant to paragraph (a) does not permit registration to obtain
971 a tracking registration from the board, provided that the board
972 has established by rule that the activities which comprise the
973 job scope of the local specialty contractor license involve
974 lifesafety considerations and a significant potential danger to
975 the consumer.
976 (b)(c) The local jurisdictions are shall be responsible for
977 providing the following information to the board within 30 days
978 after licensure of, or any disciplinary action against, a
979 locally licensed contractor who is registered under this part:
980 1. Licensure information.,
981 2. Code violation information pursuant to s. 553.781., and
982 3. Disciplinary information. on locally licensed
983 individuals to the board within 30 days after licensure or any
984 disciplinary action, and
985
986 The board shall maintain such licensure and disciplinary
987 information as it is provided to the board them, and shall make
988 the such information available through the automated information
989 system provided pursuant to s. 455.2286. The biennial tracking
990 registration fee shall not exceed $40.
991 (c)(d) Neither the board nor the department assumes any
992 responsibility for providing discipline pursuant to having
993 provided the tracking registration. Providing discipline to such
994 locally licensed contractors is individuals shall be the
995 responsibility of the local jurisdiction. Failure to obtain a
996 tracking registration shall not be considered a violation of
997 this chapter; however, a local jurisdiction requiring such
998 tracking registration may levy such penalties for failure to
999 obtain the tracking registration as it chooses to provide
1000 through local ordinance.
1001 (d)(e) Any person who is not required to obtain
1002 registration or certification pursuant to s. 489.105(3)(d)-(o)
1003 may perform specialty contracting services for the construction,
1004 remodeling, repair, or improvement of single-family residences,
1005 including a townhouse as defined in the Florida Building Code,
1006 without obtaining a local professional license if such person is
1007 under the supervision of a certified or registered general,
1008 building, or residential contractor. As used in this paragraph,
1009 supervision shall not be deemed to require the existence of a
1010 direct contract between the certified or registered general,
1011 building, or residential contractor and the person performing
1012 specialty contracting services.
1013 (5) In order to establish uniformity among the job scopes
1014 established by local jurisdictions, the board shall, by rule,
1015 establish the job scope for any licensure category registered by
1016 the board under this part. The board shall not arbitrarily limit
1017 such scopes and shall restrict the job scopes only to the
1018 minimum extent necessary to ensure uniformity.
1019 Section 29. Section 489.119, Florida Statutes, is amended
1020 to read:
1021 489.119 Business organizations; qualifying agents.—
1022 (1) If an individual proposes to engage in contracting in
1023 the individual’s own name, or a fictitious name where the
1024 individual is doing business as a sole proprietorship,
1025 registration or certification may be issued only to that
1026 individual.
1027 (2) If the applicant proposes to engage in contracting as a
1028 business organization, including any partnership, corporation,
1029 business trust, or other legal entity, or in any name other than
1030 the applicant’s legal name or a fictitious name where the
1031 applicant is doing business as a sole proprietorship, the
1032 applicant business organization must apply for registration or
1033 certification as the for a certificate of authority through a
1034 qualifying agent of the business organization and under the
1035 fictitious name, if any.
1036 (a) An The application for registration or certification to
1037 qualify a business organization a certificate of authority must
1038 state the name of the partnership and of its partners; the name
1039 of the corporation and of its officers and directors and the
1040 name of each of its stockholders who is also an officer or
1041 director; the name of the business trust and its trustees; or
1042 the name of such other legal entity and its members; and must
1043 state the fictitious name, if any, under which the business
1044 organization is doing business.
1045 (b)1. An The application for registration or certification
1046 to qualify a business organization primary qualifying agent must
1047 include an affidavit on a form provided by the board attesting
1048 that the applicant has final approval authority for all
1049 construction work performed by the business organization entity
1050 and that the applicant has final approval authority on all
1051 business matters, including contracts, specifications, checks,
1052 drafts, or payments, regardless of the form of payment, made by
1053 the business organization entity, except where a financially
1054 responsible officer is approved.
1055 2. The application for financially responsible officer must
1056 include an affidavit on a form provided by the board attesting
1057 that the applicant’s approval is required for all checks,
1058 drafts, or payments, regardless of the form of payment, made by
1059 the business organization entity and that the applicant has
1060 authority to act for the business organization in all financial
1061 matters.
1062 3. The application for secondary qualifying agent must
1063 include an affidavit on a form provided by the board attesting
1064 that the applicant has authority to supervise all construction
1065 work performed by the business organization entity as provided
1066 in s. 489.1195(2).
1067 (c) The board may deny an application for registration or
1068 certification to qualify a business organization if the
1069 applicant, or any person listed in paragraph (a), has been
1070 involved in past disciplinary actions or on any grounds for
1071 which an individual registration or certification may be denied.
1072 (d)(b) The applicant must furnish evidence of statutory
1073 compliance if a fictitious name is used, the provisions of s.
1074 865.09(7) notwithstanding.
1075 (e)(c) A joint venture, including a joint venture composed
1076 of qualified business organizations, is itself a separate and
1077 distinct organization that must be qualified and obtain a
1078 certificate of authority in accordance with board rules.
1079 (d) A certificate of authority must be renewed every 2
1080 years. If there is a change in any information that is required
1081 to be stated on the application, the business organization
1082 shall, within 45 days after such change occurs, mail the correct
1083 information to the department.
1084 (3)(a) A The qualifying agent must shall be certified or
1085 registered under this part in order for the business
1086 organization to operate be issued a certificate of authority in
1087 the category of contracting in the business conducted for which
1088 the qualifying agent is certified or registered. If any
1089 qualifying agent ceases to be affiliated with a such business
1090 organization, he or she shall so inform the department. In
1091 addition, if the such qualifying agent is the only certified or
1092 registered contractor affiliated with the business organization,
1093 the business organization shall notify the department of the
1094 termination of the qualifying agent and shall have 60 days from
1095 the termination of the qualifying agent’s affiliation with the
1096 business organization in which to employ another qualifying
1097 agent. The business organization may not engage in contracting
1098 until a qualifying agent is employed, unless the executive
1099 director or chair of the board has granted a temporary
1100 nonrenewable certificate or registration to the financially
1101 responsible officer, the president, a partner, or, in the case
1102 of a limited partnership, the general partner, who assumes all
1103 responsibilities of a primary qualifying agent for the business
1104 organization entity. This temporary certificate or registration
1105 shall only allow the business organization entity to proceed
1106 with incomplete contracts. For the purposes of this paragraph,
1107 an incomplete contract is one which has been awarded to, or
1108 entered into by, the business organization prior to the
1109 cessation of affiliation of the qualifying agent with the
1110 business organization or one on which the business organization
1111 was the low bidder and the contract is subsequently awarded,
1112 regardless of whether any actual work has commenced under the
1113 contract prior to the qualifying agent ceasing to be affiliated
1114 with the business organization.
1115 (b) The qualifying agent shall inform the department in
1116 writing when he or she proposes to engage in contracting in his
1117 or her own name or in affiliation with another business
1118 organization, and he or she or such new business organization
1119 shall supply the same information to the department as required
1120 of applicants under this part.
1121 (c) Upon a favorable determination by the board, after
1122 investigation of the financial responsibility, credit, and
1123 business reputation of the qualifying agent and the new business
1124 organization, the department shall issue, without an
1125 examination, a new certificate of authority in the business
1126 organization’s name.
1127 (4) Disciplinary action against a business organization
1128 holding a certificate of authority shall be administered in the
1129 same manner and on the same grounds as disciplinary action
1130 against a contractor. The board may deny the certification of
1131 any person cited in subsection (2) if the person has been
1132 involved in past disciplinary actions or on any grounds for
1133 which individual certification can be denied.
1134 (4)(5) When a certified qualifying agent, on behalf of a
1135 business organization, makes application for a business tax
1136 receipt an occupational license in any municipality or county of
1137 this state, the application shall be made with the tax collector
1138 in the name of the business organization and the qualifying
1139 agent; and the license, when issued, shall be issued to the
1140 business organization, upon payment of the appropriate licensing
1141 fee and exhibition to the tax collector of a valid certificate
1142 for the qualifying agent and a valid certificate of authority
1143 for the business organization issued by the department, and the
1144 state license numbers shall be noted thereon.
1145 (5)(6)(a) Each registered or certified contractor shall
1146 affix the number of his or her registration or certification to
1147 each application for a building permit and on each building
1148 permit issued and recorded. Each city or county building
1149 department shall require, as a precondition for the issuance of
1150 the building permit, that the contractor taking out the permit
1151 must provide verification giving his or her Construction
1152 Industry Licensing Board registration or certification number.
1153 (b) The registration or certification number of each
1154 contractor or certificate of authority number for each business
1155 organization shall appear in each offer of services, business
1156 proposal, bid, contract, or advertisement, regardless of medium,
1157 as defined by board rule, used by that contractor or business
1158 organization in the practice of contracting.
1159 (c) If a vehicle bears the name of a contractor or business
1160 organization, or any text or artwork which would lead a
1161 reasonable person to believe that the vehicle is used for
1162 contracting, the registration or certification number of the
1163 contractor or certificate of authority number of the business
1164 organization must be conspicuously and legibly displayed with
1165 the name, text, or artwork. Local governments may also require
1166 that locally licensed contractors must also display their
1167 certificate of competency or license numbers. Nothing in this
1168 paragraph shall be construed to create a mandatory vehicle
1169 signage requirement.
1170 (d) For the purposes of this part, the term “advertisement”
1171 does not include business stationery or any promotional
1172 novelties such as balloons, pencils, trinkets, or articles of
1173 clothing.
1174 (e) The board shall issue a notice of noncompliance for the
1175 first offense, and may assess a fine or issue a citation for
1176 failure to correct the offense within 30 days or for any
1177 subsequent offense, to any contractor or business organization
1178 that fails to include the certification or, registration, or
1179 certificate of authority number as required by this part when
1180 submitting an advertisement for publication, broadcast, or
1181 printing or fails to display the certification or, registration,
1182 or certificate of authority number as required by this part.
1183 (f) In addition to any other penalty prescribed by law, a
1184 local government may impose a civil fine pursuant to s.
1185 489.127(5) against a person who is not certified or registered
1186 under this part if the person:
1187 1. Claims to be licensed in any offer of services, business
1188 proposal, bid, contract, or advertisement, but who does not
1189 possess a valid competency-based license issued by a local
1190 government in this state to perform the specified construction
1191 services; or
1192 2. Claims to be insured in any offer of services, business
1193 proposal, bid, contract, or advertisement, but whose performance
1194 of the subject work is not covered by a general liability or
1195 workers’ compensation insurance policy.
1196 (6)(7) Each qualifying agent shall pay the department an
1197 amount equal to the original fee for registration or
1198 certification to qualify a certificate of authority of a new
1199 business organization. If the qualifying agent for a business
1200 organization desires to qualify additional business
1201 organizations, the board shall require the qualifying agent him
1202 or her to present evidence of his or her ability to supervise
1203 the construction activities and financial responsibility of each
1204 such organization. Approval of each business organization The
1205 issuance of such certificate of authority is discretionary with
1206 the board.
1207 (7)(8)(a) A business organization proposing to engage in
1208 contracting is not required to apply for or obtain authorization
1209 under this part to engage in contracting if:
1210 1. The business organization employs one or more registered
1211 or certified contractors licensed in accordance with this part
1212 who are responsible for obtaining permits and supervising all of
1213 the business organization’s contracting activities;
1214 2. The business organization engages only in contracting on
1215 property owned by the business organization or by its parent,
1216 subsidiary, or affiliated entities; and
1217 3. The business organization, or its parent entity if the
1218 business organization is a wholly owned subsidiary, maintains a
1219 minimum net worth of $20 million.
1220 (b) Any business organization engaging in contracting under
1221 this subsection shall provide the board with the name and
1222 license number of each registered or certified contractor
1223 employed by the business organization to supervise its
1224 contracting activities. The business organization is not
1225 required to post a bond or otherwise evidence any financial or
1226 credit information except as necessary to demonstrate compliance
1227 with paragraph (a).
1228 (c) A registered or certified contractor employed by a
1229 business organization to supervise its contracting activities
1230 under this subsection shall not be required to post a bond or
1231 otherwise evidence any personal financial or credit information
1232 so long as the individual performs contracting activities
1233 exclusively on behalf of a business organization meeting all of
1234 the requirements of paragraph (a).
1235 Section 30. Subsection (1) of section 489.127, Florida
1236 Statutes, is amended to read:
1237 489.127 Prohibitions; penalties.—
1238 (1) No person shall:
1239 (a) Falsely hold himself or herself or a business
1240 organization out as a licensee, certificateholder, or
1241 registrant;
1242 (b) Falsely impersonate a certificateholder or registrant;
1243 (c) Present as his or her own the certificate or,
1244 registration, or certificate of authority of another;
1245 (d) Knowingly give false or forged evidence to the board or
1246 a member thereof;
1247 (e) Use or attempt to use a certificate or, registration
1248 that, or certificate of authority which has been suspended or
1249 revoked;
1250 (f) Engage in the business or act in the capacity of a
1251 contractor or advertise himself or herself or a business
1252 organization as available to engage in the business or act in
1253 the capacity of a contractor without being duly registered or
1254 certified or having a certificate of authority;
1255 (g) Operate a business organization engaged in contracting
1256 after 60 days following the termination of its only qualifying
1257 agent without designating another primary qualifying agent,
1258 except as provided in ss. 489.119 and 489.1195;
1259 (h) Commence or perform work for which a building permit is
1260 required pursuant to part IV of chapter 553 without such
1261 building permit being in effect; or
1262 (i) Willfully or deliberately disregard or violate any
1263 municipal or county ordinance relating to uncertified or
1264 unregistered contractors.
1265
1266 For purposes of this subsection, a person or business
1267 organization operating on an inactive or suspended certificate
1268 or, registration, or certificate of authority is not duly
1269 certified or registered and is considered unlicensed. A business
1270 tax receipt issued under the authority of chapter 205 is not a
1271 license for purposes of this part.
1272 Section 31. Paragraph (b) of subsection (1) of section
1273 489.128, Florida Statutes, is amended to read:
1274 489.128 Contracts entered into by unlicensed contractors
1275 unenforceable.—
1276 (1) As a matter of public policy, contracts entered into on
1277 or after October 1, 1990, by an unlicensed contractor shall be
1278 unenforceable in law or in equity by the unlicensed contractor.
1279 (b) For purposes of this section, an individual or business
1280 organization may not be considered unlicensed for failing to
1281 have a business tax receipt issued under the authority of
1282 chapter 205. A business organization may not be considered
1283 unlicensed for failing to have a certificate of authority as
1284 required by ss. 489.119 and 489.127. For purposes of this
1285 section, a business organization entering into the contract may
1286 not be considered unlicensed if, before the date established by
1287 paragraph (c), an individual possessing a license required by
1288 this part concerning the scope of the work to be performed under
1289 the contract has submitted an application for a certificate of
1290 authority designating that individual as a qualifying agent for
1291 the business organization entering into the contract, and the
1292 application was not acted upon by the department or applicable
1293 board within the time limitations imposed by s. 120.60.
1294 Section 32. Subsections (1), (5), and (7) of section
1295 489.129, Florida Statutes, are amended to read:
1296 489.129 Disciplinary proceedings.—
1297 (1) The board may take any of the following actions against
1298 any certificateholder or registrant: place on probation or
1299 reprimand the licensee, revoke, suspend, or deny the issuance or
1300 renewal of the certificate or, registration, or certificate of
1301 authority, require financial restitution to a consumer for
1302 financial harm directly related to a violation of a provision of
1303 this part, impose an administrative fine not to exceed $10,000
1304 per violation, require continuing education, or assess costs
1305 associated with investigation and prosecution, if the
1306 contractor, financially responsible officer, or business
1307 organization for which the contractor is a primary qualifying
1308 agent, a financially responsible officer, or a secondary
1309 qualifying agent responsible under s. 489.1195 is found guilty
1310 of any of the following acts:
1311 (a) Obtaining a certificate or, registration, or
1312 certificate of authority by fraud or misrepresentation.
1313 (b) Being convicted or found guilty of, or entering a plea
1314 of nolo contendere to, regardless of adjudication, a crime in
1315 any jurisdiction which directly relates to the practice of
1316 contracting or the ability to practice contracting.
1317 (c) Violating any provision of chapter 455.
1318 (d) Performing any act which assists a person or entity in
1319 engaging in the prohibited uncertified and unregistered practice
1320 of contracting, if the certificateholder or registrant knows or
1321 has reasonable grounds to know that the person or entity was
1322 uncertified and unregistered.
1323 (e) Knowingly combining or conspiring with an uncertified
1324 or unregistered person by allowing his or her certificate or,
1325 registration, or certificate of authority to be used by the
1326 uncertified or unregistered person with intent to evade the
1327 provisions of this part. When a certificateholder or registrant
1328 allows his or her certificate or registration to be used by one
1329 or more business organizations without having any active
1330 participation in the operations, management, or control of such
1331 business organizations, such act constitutes prima facie
1332 evidence of an intent to evade the provisions of this part.
1333 (f) Acting in the capacity of a contractor under any
1334 certificate or registration issued hereunder except in the name
1335 of the certificateholder or registrant as set forth on the
1336 issued certificate or registration, or in accordance with the
1337 personnel of the certificateholder or registrant as set forth in
1338 the application for the certificate or registration, or as later
1339 changed as provided in this part.
1340 (g) Committing mismanagement or misconduct in the practice
1341 of contracting that causes financial harm to a customer.
1342 Financial mismanagement or misconduct occurs when:
1343 1. Valid liens have been recorded against the property of a
1344 contractor’s customer for supplies or services ordered by the
1345 contractor for the customer’s job; the contractor has received
1346 funds from the customer to pay for the supplies or services; and
1347 the contractor has not had the liens removed from the property,
1348 by payment or by bond, within 75 days after the date of such
1349 liens;
1350 2. The contractor has abandoned a customer’s job and the
1351 percentage of completion is less than the percentage of the
1352 total contract price paid to the contractor as of the time of
1353 abandonment, unless the contractor is entitled to retain such
1354 funds under the terms of the contract or refunds the excess
1355 funds within 30 days after the date the job is abandoned; or
1356 3. The contractor’s job has been completed, and it is shown
1357 that the customer has had to pay more for the contracted job
1358 than the original contract price, as adjusted for subsequent
1359 change orders, unless such increase in cost was the result of
1360 circumstances beyond the control of the contractor, was the
1361 result of circumstances caused by the customer, or was otherwise
1362 permitted by the terms of the contract between the contractor
1363 and the customer.
1364 (h) Being disciplined by any municipality or county for an
1365 act or violation of this part.
1366 (i) Failing in any material respect to comply with the
1367 provisions of this part or violating a rule or lawful order of
1368 the board.
1369 (j) Abandoning a construction project in which the
1370 contractor is engaged or under contract as a contractor. A
1371 project may be presumed abandoned after 90 days if the
1372 contractor terminates the project without just cause or without
1373 proper notification to the owner, including the reason for
1374 termination, or fails to perform work without just cause for 90
1375 consecutive days.
1376 (k) Signing a statement with respect to a project or
1377 contract falsely indicating that the work is bonded; falsely
1378 indicating that payment has been made for all subcontracted
1379 work, labor, and materials which results in a financial loss to
1380 the owner, purchaser, or contractor; or falsely indicating that
1381 workers’ compensation and public liability insurance are
1382 provided.
1383 (l) Committing fraud or deceit in the practice of
1384 contracting.
1385 (m) Committing incompetency or misconduct in the practice
1386 of contracting.
1387 (n) Committing gross negligence, repeated negligence, or
1388 negligence resulting in a significant danger to life or
1389 property.
1390 (o) Proceeding on any job without obtaining applicable
1391 local building department permits and inspections.
1392 (p) Intimidating, threatening, coercing, or otherwise
1393 discouraging the service of a notice to owner under part I of
1394 chapter 713 or a notice to contractor under chapter 255 or part
1395 I of chapter 713.
1396 (q) Failing to satisfy within a reasonable time, the terms
1397 of a civil judgment obtained against the licensee, or the
1398 business organization qualified by the licensee, relating to the
1399 practice of the licensee’s profession.
1400
1401 For the purposes of this subsection, construction is considered
1402 to be commenced when the contract is executed and the contractor
1403 has accepted funds from the customer or lender. A contractor
1404 does not commit a violation of this subsection when the
1405 contractor relies on a building code interpretation rendered by
1406 a building official or person authorized by s. 553.80 to enforce
1407 the building code, absent a finding of fraud or deceit in the
1408 practice of contracting, or gross negligence, repeated
1409 negligence, or negligence resulting in a significant danger to
1410 life or property on the part of the building official, in a
1411 proceeding under chapter 120.
1412 (5) The board may not reinstate the certification or,
1413 registration, or certificate of authority of, or cause a
1414 certificate or, registration, or certificate of authority to be
1415 issued to, a person who or business organization which the board
1416 has determined is unqualified or whose certificate or,
1417 registration, or certificate of authority the board has
1418 suspended until it is satisfied that such person or business
1419 organization has complied with all the terms and conditions set
1420 forth in the final order and is capable of competently engaging
1421 in the business of contracting.
1422 (7) The board shall not issue or renew a certificate or,
1423 registration, or certificate of authority to any person or
1424 business organization that has been assessed a fine, interest,
1425 or costs associated with investigation and prosecution, or has
1426 been ordered to pay restitution, until such fine, interest, or
1427 costs associated with investigation and prosecution or
1428 restitution are paid in full or until all terms and conditions
1429 of the final order have been satisfied.
1430 Section 33. Subsection (5) of section 489.132, Florida
1431 Statutes, is amended to read:
1432 489.132 Prohibited acts by unlicensed principals;
1433 investigation; hearing; penalties.—
1434 (5) The department may suspend, revoke, or deny issuance or
1435 renewal of a certificate or, registration, or certificate of
1436 authority for any individual or business organization that
1437 associates a person as an officer, director, or partner, or in a
1438 managerial or supervisory capacity, after such person has been
1439 found under a final order to have violated this section or was
1440 an officer, director, partner, trustee, or manager of a business
1441 organization disciplined by the board by revocation, suspension,
1442 or fine in excess of $2,500, upon finding reasonable cause that
1443 such person knew or reasonably should have known of the conduct
1444 leading to the discipline.
1445 Section 34. Subsection (1) of section 489.1455, Florida
1446 Statutes, is amended to read:
1447 489.1455 Journeyman; reciprocity; standards.—
1448 (1) An individual who holds a valid, active journeyman
1449 license in the plumbing/pipe fitting, mechanical, or HVAC trades
1450 issued by any county or municipality in this state may work as a
1451 journeyman in the trade in which he or she is licensed in any
1452 county or municipality of this state without taking an
1453 additional examination or paying an additional license fee, if
1454 he or she:
1455 (a) Has scored at least 70 percent, or after October 1,
1456 1997, at least 75 percent, on a proctored journeyman Block and
1457 Associates examination or other proctored examination approved
1458 by the board for the trade in which he or she is licensed;
1459 (b) Has completed an apprenticeship program registered with
1460 the Department of Labor and Employment Security and demonstrates
1461 4 years’ verifiable practical experience in the trade for which
1462 he or she is licensed, or demonstrates 6 years’ verifiable
1463 practical experience in the trade for which he or she is
1464 licensed;
1465 (c) Has satisfactorily completed specialized and advanced
1466 module coursework approved by the Florida Building Commission,
1467 as part of the Building Code Training Program established in s.
1468 553.841, specific to the discipline, and successfully completed
1469 the program’s core curriculum courses or passed an equivalency
1470 test in lieu of taking the core curriculum courses and provided
1471 proof of completion of such curriculum courses or examination
1472 and obtained a certificate from the board pursuant to this part
1473 or, pursuant to authorization by the certifying authority,
1474 provides proof of completion of such curriculum or coursework
1475 within 6 months after such certification; and
1476 (d) Has not had a license suspended or revoked within the
1477 last 5 years.
1478 Section 35. Subsection (19) of section 489.505, Florida
1479 Statutes, is amended to read:
1480 489.505 Definitions.—As used in this part:
1481 (19) “Specialty contractor” means a contractor whose scope
1482 of practice is limited to a specific segment of electrical or
1483 alarm system contracting established in a category adopted by
1484 board rule, including, but not limited to, residential
1485 electrical contracting, maintenance of electrical fixtures, and
1486 fabrication, erection, installation, and maintenance of
1487 electrical advertising signs together with the interrelated
1488 parts and supports thereof. Categories of specialty contractor
1489 shall be established by board rule.
1490 Section 36. Subsections (5), (6), and (7) of section
1491 489.513, Florida Statutes, are amended to read:
1492 489.513 Registration; application; requirements.—
1493 (5) Registration permits the registrant to engage in
1494 contracting only in the area and for the type of work covered by
1495 the registration, unless local licenses are issued for other
1496 areas and types of work or unless certification is obtained.
1497 When a registrant desires to register in an additional area of
1498 the state, he or she shall first comply with any local
1499 requirements of that area and then file a request with the
1500 department, together with evidence of holding a current
1501 occupational license or license issued by the county or
1502 municipality for the area or areas in which he or she desires to
1503 be registered, whereupon his or her evidence of registration
1504 shall be endorsed by the department to reflect valid
1505 registration for the new area or areas.
1506 (6) The local jurisdictions are shall be responsible for
1507 providing the following information to the board within 30 days
1508 after licensure of, or any disciplinary action against, a
1509 locally licensed contractor who is registered under this part:
1510 (a) Licensure information.,
1511 (b) Code violation information pursuant to s. 553.781., and
1512 (c) Disciplinary information. on locally licensed
1513 individuals to the board within 30 days after licensure or any
1514 disciplinary action, and
1515
1516 The board shall maintain such licensure and disciplinary
1517 information as it is provided to the board them, and shall make
1518 the such information available through the automated information
1519 system provided pursuant to s. 455.2286.
1520 (7) In order to establish uniformity among the job scopes
1521 established by local jurisdictions, the board shall, by rule,
1522 establish the job scope for any licensure category registered by
1523 the board under this part. The board shall not arbitrarily limit
1524 such scopes and shall restrict the job scopes only to the
1525 minimum extent necessary to ensure uniformity.
1526 Section 37. Subsection (3) of section 489.516, Florida
1527 Statutes, is amended to read:
1528 489.516 Qualifications to practice; restrictions;
1529 prerequisites.—
1530 (3) When a certificateholder desires to engage in
1531 contracting in any area of the state, as a prerequisite
1532 therefor, he or she shall only be required to exhibit to the
1533 local building official, tax collector, or other authorized
1534 person in charge of the issuance of licenses and building or
1535 electrical permits in the area evidence of holding a current
1536 certificate and a current business tax receipt issued by the
1537 jurisdiction in which the certificateholder’s principal place of
1538 business is located, and having paid to pay the fee for the
1539 occupational license and permit required of other persons.
1540 However, a local construction regulation board may deny the
1541 issuance of an electrical permit to a certified contractor, or
1542 issue a permit with specific conditions, if the local
1543 construction regulation board has found such contractor, through
1544 the public hearing process, to be guilty of fraud or a willful
1545 building code violation within the county or municipality that
1546 the local construction regulation board represents, or if the
1547 local construction regulation board has proof that such
1548 contractor, through the public hearing process, has been found
1549 guilty, in another county or municipality within the past 12
1550 months, of fraud or a willful building code violation and finds,
1551 after providing notice to the contractor, that such fraud or
1552 violation would have been fraud or a violation if committed in
1553 the county or municipality that the local construction board
1554 represents. Notification of and information concerning such
1555 permit denial shall be submitted to the Department of Business
1556 and Professional Regulation within 15 days after the local
1557 construction regulation board decides to deny the permit.
1558 Section 38. Subsection (3) of section 489.517, Florida
1559 Statutes, is amended to read:
1560 489.517 Renewal of certificate or registration; continuing
1561 education.—
1562 (3)(a) Each certificateholder or registrant shall provide
1563 proof, in a form established by rule of the board, that the
1564 certificateholder or registrant has completed at least 14
1565 classroom hours of at least 50 minutes each of continuing
1566 education courses during each biennium since the issuance or
1567 renewal of the certificate or registration. The board shall by
1568 rule establish criteria for the approval of continuing education
1569 courses and providers and may by rule establish criteria for
1570 accepting alternative nonclassroom continuing education on an
1571 hour-for-hour basis.
1572 (b) Each certificateholder or registrant shall provide to
1573 the board proof of completion of the core curriculum courses or
1574 passing the equivalency test of the Building Code Training
1575 Program established under s. 553.841, specific to the licensing
1576 category sought, within 2 years after commencement of the
1577 program or of initial certification or registration, whichever
1578 is later. Classroom hours spent taking core curriculum courses
1579 shall count toward the number required for renewal of
1580 certificate or registration. A certificateholder or registrant
1581 who passes the equivalency test in lieu of taking the core
1582 curriculum courses shall receive full credit for core curriculum
1583 course hours.
1584 Section 39. Subsection (6) of section 489.521, Florida
1585 Statutes, is amended to read:
1586 489.521 Business organizations; qualifying agents.—
1587 (6) When a business organization qualified to engage in
1588 contracting makes application for a business tax receipt an
1589 occupational license in any municipality or county of this
1590 state, the application shall be made with the tax collector in
1591 the name of the business organization, and the business tax
1592 receipt license, when issued, shall be issued to the business
1593 organization upon payment of the appropriate licensing fee and
1594 exhibition to the tax collector of a valid certificate issued by
1595 the department.
1596 Section 40. Section 489.5315, Florida Statutes, is amended
1597 to read:
1598 489.5315 Proprietary electrical or alarm contractors.
1599 Businesses that obtain an electrical or burglar alarm system
1600 license to work only on their own equipment, and that do not
1601 offer electrical or alarm contracting services to the public,
1602 are not electrical or burglar alarm system contracting
1603 businesses and do not have to obtain a business tax receipt an
1604 occupational license in addition to any they are otherwise
1605 required to have.
1606 Section 41. Effective upon this act becoming a law,
1607 paragraph (a) of subsection (1) of section 489.532, Florida
1608 Statutes, is amended to read:
1609 489.532 Contracts entered into by unlicensed contractors
1610 unenforceable.—
1611 (1) As a matter of public policy, contracts entered into on
1612 or after October 1, 1990, by an unlicensed contractor shall be
1613 unenforceable in law or in equity by the unlicensed contractor.
1614 (a) For purposes of this section, an individual is
1615 unlicensed if the individual does not have a license required by
1616 this part concerning the scope of the work to be performed under
1617 the contract. A business organization is unlicensed if the
1618 business organization does not have a primary or secondary
1619 qualifying agent in accordance with this part concerning the
1620 scope of the work to be performed under the contract. For
1621 purposes of this section, if a no state or local license is not
1622 required for the scope of work to be performed under the
1623 contract, the individual performing that work is shall not be
1624 considered unlicensed.
1625 Section 42. Paragraph (b) of subsection (3) of section
1626 489.537, Florida Statutes, is amended to read:
1627 489.537 Application of this part.—
1628 (3) Nothing in this act limits the power of a municipality
1629 or county:
1630 (b) To collect fees for business tax receipts occupational
1631 licenses and inspections for engaging in contracting or
1632 examination fees from persons who are registered with the local
1633 boards pursuant to local examination requirements.
1634 Section 43. Section 509.233, Florida Statutes, is amended
1635 to read:
1636 509.233 Public food service establishment requirements;
1637 local exemption for dogs in designated outdoor portions; pilot
1638 program.—
1639 (1) INTENT.—It is the intent of the Legislature by this
1640 section to establish a 3-year pilot program for local
1641 governments to allow patrons’ dogs within certain designated
1642 outdoor portions of public food service establishments.
1643 (1)(2) LOCAL EXEMPTION AUTHORIZED.—Notwithstanding s.
1644 509.032(7), the governing body of a local government may
1645 participating in the pilot program is authorized to establish,
1646 by ordinance, a local exemption procedure to certain provisions
1647 of the Food and Drug Administration Food Code, as currently
1648 adopted by the division, in order to allow patrons’ dogs within
1649 certain designated outdoor portions of public food service
1650 establishments.
1651 (2)(3) LOCAL DISCRETION; CODIFICATION.—
1652 (a) The adoption of the local exemption procedure shall be
1653 at the sole discretion of the governing body of a participating
1654 local government. Nothing in this section shall be construed to
1655 require or compel a local governing body to adopt an ordinance
1656 pursuant to this section.
1657 (b) Any ordinance adopted pursuant to this section shall
1658 provide for codification within the land development code of a
1659 participating local government.
1660 (3)(4) LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.—
1661 (a) Any local exemption procedure adopted pursuant to this
1662 section shall only provide a variance to those portions of the
1663 currently adopted Food and Drug Administration Food Code in
1664 order to allow patrons’ dogs within certain designated outdoor
1665 portions of public food service establishments.
1666 (b) In order to protect the health, safety, and general
1667 welfare of the public, the local exemption procedure shall
1668 require participating public food service establishments to
1669 apply for and receive a permit from the governing body of the
1670 local government before allowing patrons’ dogs on their
1671 premises. The local government shall require from the applicant
1672 such information as the local government deems reasonably
1673 necessary to enforce the provisions of this section, but shall
1674 require, at a minimum, the following information:
1675 1. The name, location, and mailing address of the public
1676 food service establishment.
1677 2. The name, mailing address, and telephone contact
1678 information of the permit applicant.
1679 3. A diagram and description of the outdoor area to be
1680 designated as available to patrons’ dogs, including dimensions
1681 of the designated area; a depiction of the number and placement
1682 of tables, chairs, and restaurant equipment, if any; the
1683 entryways and exits to the designated outdoor area; the
1684 boundaries of the designated area and of other areas of outdoor
1685 dining not available for patrons’ dogs; any fences or other
1686 barriers; surrounding property lines and public rights-of-way,
1687 including sidewalks and common pathways; and such other
1688 information reasonably required by the permitting authority. The
1689 diagram or plan shall be accurate and to scale but need not be
1690 prepared by a licensed design professional.
1691 4. A description of the days of the week and hours of
1692 operation that patrons’ dogs will be permitted in the designated
1693 outdoor area.
1694 (c) In order to protect the health, safety, and general
1695 welfare of the public, the local exemption ordinance shall
1696 include such regulations and limitations as deemed necessary by
1697 the participating local government and shall include, but not be
1698 limited to, the following requirements:
1699 1. All public food service establishment employees shall
1700 wash their hands promptly after touching, petting, or otherwise
1701 handling dogs. Employees shall be prohibited from touching,
1702 petting, or otherwise handling dogs while serving food or
1703 beverages or handling tableware or before entering other parts
1704 of the public food service establishment.
1705 2. Patrons in a designated outdoor area shall be advised
1706 that they should wash their hands before eating. Waterless hand
1707 sanitizer shall be provided at all tables in the designated
1708 outdoor area.
1709 3. Employees and patrons shall be instructed that they
1710 shall not allow dogs to come into contact with serving dishes,
1711 utensils, tableware, linens, paper products, or any other items
1712 involved in food service operations.
1713 4. Patrons shall keep their dogs on a leash at all times
1714 and shall keep their dogs under reasonable control.
1715 5. Dogs shall not be allowed on chairs, tables, or other
1716 furnishings.
1717 6. All table and chair surfaces shall be cleaned and
1718 sanitized with an approved product between seating of patrons.
1719 Spilled food and drink shall be removed from the floor or ground
1720 between seating of patrons.
1721 7. Accidents involving dog waste shall be cleaned
1722 immediately and the area sanitized with an approved product. A
1723 kit with the appropriate materials for this purpose shall be
1724 kept near the designated outdoor area.
1725 8. A sign or signs reminding employees of the applicable
1726 rules shall be posted on premises in a manner and place as
1727 determined by the local permitting authority.
1728 9. A sign or signs reminding patrons of the applicable
1729 rules shall be posted on premises in a manner and place as
1730 determined by the local permitting authority.
1731 10. A sign or signs shall be posted in a manner and place
1732 as determined by the local permitting authority that places the
1733 public on notice that the designated outdoor area is available
1734 for the use of patrons and patrons’ dogs.
1735 11. Dogs shall not be permitted to travel through indoor or
1736 nondesignated outdoor portions of the public food service
1737 establishment, and ingress and egress to the designated outdoor
1738 portions of the public food service establishment must not
1739 require entrance into or passage through any indoor area of the
1740 food establishment.
1741 (d) A permit issued pursuant to this section shall not be
1742 transferred to a subsequent owner upon the sale of a public food
1743 service establishment but shall expire automatically upon the
1744 sale of the establishment. The subsequent owner shall be
1745 required to reapply for a permit pursuant to this section if the
1746 subsequent owner wishes to continue to accommodate patrons’
1747 dogs.
1748 (4)(5) POWERS; ENFORCEMENT.—Participating local governments
1749 shall have such powers as are reasonably necessary to regulate
1750 and enforce the provisions of this section.
1751 (5)(6) STATE AND LOCAL COOPERATION.—The division shall
1752 provide reasonable assistance to participating local governments
1753 in the development of enforcement procedures and regulations,
1754 and participating local governments shall monitor permitholders
1755 for compliance in cooperation with the division. At a minimum,
1756 participating local governments shall establish a procedure to
1757 accept, document, and respond to complaints and to timely report
1758 to the division all such complaints and the participating local
1759 governments’ enforcement responses to such complaints. A
1760 participating local government shall provide the division with a
1761 copy of all approved applications and permits issued, and the
1762 participating local government shall require that all
1763 applications, permits, and other related materials contain the
1764 appropriate division-issued license number for each public food
1765 service establishment.
1766 (7) FUTURE REVIEW AND REPEAL.—This section shall expire
1767 July 1, 2009, unless reviewed and saved from repeal through
1768 reenactment by the Legislature.
1769 Section 44. Subsections (8) through (22) of section
1770 548.002, Florida Statutes, are renumbered as subsections (9)
1771 through (23), respectively, and a new subsection (8) is added to
1772 that section, to read:
1773 548.002 Definitions.—As used in this chapter, the term:
1774 (8) “Event” means one or more matches comprising a show.
1775 Section 45. Paragraph (k) of subsection (2) of section
1776 548.003, Florida Statutes, is amended to read:
1777 548.003 Florida State Boxing Commission.—
1778 (2) The Florida State Boxing Commission, as created by
1779 subsection (1), shall administer the provisions of this chapter.
1780 The commission has authority to adopt rules pursuant to ss.
1781 120.536(1) and 120.54 to implement the provisions of this
1782 chapter and to implement each of the duties and responsibilities
1783 conferred upon the commission, including, but not limited to:
1784 (k) Establishment of criteria for approval, disapproval,
1785 suspension of approval, and revocation of approval of amateur
1786 sanctioning organizations for amateur boxing, and kickboxing,
1787 and mixed martial arts matches held in this state, including,
1788 but not limited to, the health and safety standards the
1789 organizations use before, during, and after the matches to
1790 ensure the health, safety, and well-being of the amateurs
1791 participating in the matches, including the qualifications and
1792 numbers of health care personnel required to be present, the
1793 qualifications required for referees, and other requirements
1794 relating to the health, safety, and well-being of the amateurs
1795 participating in the matches. The commission may adopt by rule,
1796 or incorporate by reference into rule, the health and safety
1797 standards of USA Boxing as the minimum health and safety
1798 standards for an amateur boxing sanctioning organization, and
1799 the health and safety standards of the International Sport
1800 Kickboxing Association as the minimum health and safety
1801 standards for an amateur kickboxing sanctioning organization,
1802 and the minimum health and safety standards for an amateur mixed
1803 martial arts sanctioning organization. The commission shall
1804 review its rules for necessary revision at least every 2 years
1805 and may adopt by rule, or incorporate by reference into rule,
1806 the then-existing current health and safety standards of USA
1807 Boxing and the International Sport Kickboxing Association. The
1808 commission may adopt emergency rules to administer this
1809 paragraph.
1810 Section 46. For the purpose of incorporating the amendment
1811 made by this act to subsection (1) of section 455.227, Florida
1812 Statutes, in a reference thereto, paragraph (a) of subsection
1813 (2) of section 468.436, Florida Statutes, is reenacted to read:
1814 468.436 Disciplinary proceedings.—
1815 (2) The following acts constitute grounds for which the
1816 disciplinary actions in subsection (4) may be taken:
1817 (a) Violation of any provision of s. 455.227(1).
1818 Section 47. For the purpose of incorporating the amendment
1819 made by this act to subsection (1) of section 455.227, Florida
1820 Statutes, in a reference thereto, paragraph (a) of subsection
1821 (1) of section 468.832, Florida Statutes, is reenacted to read:
1822 468.832 Disciplinary proceedings.—
1823 (1) The following acts constitute grounds for which the
1824 disciplinary actions in subsection (2) may be taken:
1825 (a) Violation of any provision of this part or s.
1826 455.227(1);
1827 Section 48. For the purpose of incorporating the amendment
1828 made by this act to subsection (1) of section 455.227, Florida
1829 Statutes, in a reference thereto, paragraph (a) of subsection
1830 (1) of section 468.842, Florida Statutes, is reenacted to read:
1831 468.842 Disciplinary proceedings.—
1832 (1) The following acts constitute grounds for which the
1833 disciplinary actions in subsection (2) may be taken:
1834 (a) Violation of any provision of this part or s.
1835 455.227(1);
1836 Section 49. For the purpose of incorporating the amendment
1837 made by this act to subsection (1) of section 455.227, Florida
1838 Statutes, in a reference thereto, paragraph (a) of subsection
1839 (1) of section 471.033, Florida Statutes, is reenacted to read:
1840 471.033 Disciplinary proceedings.—
1841 (1) The following acts constitute grounds for which the
1842 disciplinary actions in subsection (3) may be taken:
1843 (a) Violating any provision of s. 455.227(1), s. 471.025,
1844 or s. 471.031, or any other provision of this chapter or rule of
1845 the board or department.
1846 Section 50. For the purpose of incorporating the amendment
1847 made by this act to section (1) of section 455.227, Florida
1848 Statutes, in a reference thereto, paragraph (a) of subsection
1849 (1) of section 472.033, Florida Statutes, is reenacted to read:
1850 472.033 Disciplinary proceedings.—
1851 (1) The following acts constitute grounds for which the
1852 disciplinary actions in subsection (2) may be taken:
1853 (a) Violation of any provision of s. 472.031 or s.
1854 455.227(1);
1855 Section 51. For the purpose of incorporating the amendment
1856 made by this act to subsection (1) of section 455.227, Florida
1857 Statutes, in a reference thereto, paragraph (a) of subsection
1858 (1) of section 473.323, Florida Statutes, is reenacted to read:
1859 473.323 Disciplinary proceedings.—
1860 (1) The following acts constitute grounds for which the
1861 disciplinary actions in subsection (3) may be taken:
1862 (a) Violation of any provision of s. 455.227(1) or any
1863 other provision of this chapter.
1864 Section 52. For the purpose of incorporating the amendment
1865 made by this act to subsection (1) of section 455.227, Florida
1866 Statutes, in a reference thereto, paragraph (a) of subsection
1867 (1) of section 475.25, Florida Statutes, is reenacted to read:
1868 475.25 Discipline.—
1869 (1) The commission may deny an application for licensure,
1870 registration, or permit, or renewal thereof; may place a
1871 licensee, registrant, or permittee on probation; may suspend a
1872 license, registration, or permit for a period not exceeding 10
1873 years; may revoke a license, registration, or permit; may impose
1874 an administrative fine not to exceed $5,000 for each count or
1875 separate offense; and may issue a reprimand, and any or all of
1876 the foregoing, if it finds that the licensee, registrant,
1877 permittee, or applicant:
1878 (a) Has violated any provision of s. 455.227(1) or s.
1879 475.42. However, licensees under this part are exempt from the
1880 provisions of s. 455.227(1)(i).
1881 Section 53. For the purpose of incorporating the amendment
1882 made by this act to subsection (1) of section 455.227, Florida
1883 Statutes, in a reference thereto, subsection (1) of section
1884 475.624, Florida Statutes, is reenacted to read:
1885 475.624 Discipline.—The board may deny an application for
1886 registration or certification; may investigate the actions of
1887 any appraiser registered, licensed, or certified under this
1888 part; may reprimand or impose an administrative fine not to
1889 exceed $5,000 for each count or separate offense against any
1890 such appraiser; and may revoke or suspend, for a period not to
1891 exceed 10 years, the registration, license, or certification of
1892 any such appraiser, or place any such appraiser on probation, if
1893 it finds that the registered trainee, licensee, or
1894 certificateholder:
1895 (1) Has violated any provisions of this part or s.
1896 455.227(1); however, certificateholders, registrants, and
1897 licensees under this part are exempt from the provisions of s.
1898 455.227(1)(i).
1899 Section 54. For the purpose of incorporating the amendment
1900 made by this act to subsection (1) of section 455.227, Florida
1901 Statutes, in a reference thereto, paragraph (h) of subsection
1902 (1) of section 476.204, Florida Statutes, is reenacted to read:
1903 476.204 Penalties.—
1904 (1) It is unlawful for any person to:
1905 (h) Violate any provision of s. 455.227(1), s. 476.194, or
1906 s. 476.214.
1907 Section 55. Paragraph (a) of subsection (1) of section
1908 477.026, Florida Statutes, is amended to read
1909 477.026 Fees; disposition.—
1910 (1) The board shall set fees according to the following
1911 schedule:
1912 (a) For cosmetologists, fees for original licensing,
1913 license renewal, and delinquent renewal shall not exceed $50
1914 $25.
1915 Section 56. For the purpose of incorporating the amendment
1916 made by this act to subsection (1) of section 455.227, Florida
1917 Statutes, in a reference thereto, paragraph (h) of subsection
1918 (1) of section 477.029, Florida Statutes, is reenacted to read:
1919 477.029 Penalty.—
1920 (1) It is unlawful for any person to:
1921 (h) Violate any provision of s. 455.227(1), s. 477.0265, or
1922 s. 477.028.
1923 Section 57. For the purpose of incorporating the amendment
1924 made by this act to subsection (1) of section 455.227, Florida
1925 Statutes, in a reference thereto, paragraph (a) of subsection
1926 (1) of section 481.225, Florida Statutes, is reenacted to read:
1927 481.225 Disciplinary proceedings against registered
1928 architects.—
1929 (1) The following acts constitute grounds for which the
1930 disciplinary actions in subsection (3) may be taken:
1931 (a) Violating any provision of s. 455.227(1), s. 481.221,
1932 or s. 481.223, or any rule of the board or department lawfully
1933 adopted pursuant to this part or chapter 455.
1934 Section 58. For the purpose of incorporating the amendment
1935 made by this act to subsection (1) of section 455.227, Florida
1936 Statutes, in a reference thereto, paragraph (a) of subsection
1937 (1) of section 481.325, Florida Statutes, is reenacted to read:
1938 481.325 Disciplinary proceedings.—
1939 (1) The following acts constitute grounds for which the
1940 disciplinary actions in subsection (3) may be taken:
1941 (a) Violation of any provision of s. 455.227(1), s.
1942 481.321, or s. 481.323.
1943 Section 59. Section 509.201, Florida Statutes, is repealed.
1944 Section 60. Except as otherwise expressly provided in this
1945 act and except for this section, which shall take effect upon
1946 becoming a law, this act shall take effect July 1, 2009.