Amendment
Bill No. CS/CS/CS/CS/HB 425
Amendment No. 962999
CHAMBER ACTION
Senate House
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1Representative Plakon offered the following:
2
3     Amendment (with title amendment)
4     Between lines 1955 and 1956, insert:
5     Section 60.  Paragraph (k) is added to subsection (2) of
6section 20.165, Florida Statutes, to read:
7     20.165  Department of Business and Professional
8Regulation.--There is created a Department of Business and
9Professional Regulation.
10     (2)  The following divisions of the Department of Business
11and Professional Regulation are established:
12     (k)  Division of Service Operations.
13     Section 61.  Paragraph (a) of subsection (1) of section
14455.217, Florida Statutes, is amended to read:
15     455.217  Examinations.--This section shall be read in
16conjunction with the appropriate practice act associated with
17each regulated profession under this chapter.
18     (1)  The Division of Service Operations Technology of the
19Department of Business and Professional Regulation shall
20provide, contract, or approve services for the development,
21preparation, administration, scoring, score reporting, and
22evaluation of all examinations. The division shall seek the
23advice of the appropriate board in providing such services.
24     (a)  The department, acting in conjunction with the
25Division of Service Operations Technology and the Division of
26Real Estate, as appropriate, shall ensure that examinations
27adequately and reliably measure an applicant's ability to
28practice the profession regulated by the department. After an
29examination developed or approved by the department has been
30administered, the board or department may reject any question
31which does not reliably measure the general areas of competency
32specified in the rules of the board or department, when there is
33no board. The department shall use qualified outside
34professional testing vendors services for the development,
35preparation, and evaluation of examinations, when such services
36are economically and viably available and approved by the
37department board.
38     Section 62.  Paragraph (h) of subsection (2) of section
39471.003, Florida Statutes, is amended to read:
40     471.003  Qualifications for practice; exemptions.--
41     (2)  The following persons are not required to be licensed
42under the provisions of this chapter as a licensed engineer:
43     (h)  Any electrical, plumbing, air-conditioning, or
44mechanical contractor whose practice includes the design and
45fabrication of electrical, plumbing, air-conditioning, or
46mechanical systems, respectively, which she or he installs by
47virtue of a license issued under chapter 489, under part I of
48chapter 553, or under any special act or ordinance when working
49on any construction project which:
50     1.  Requires an electrical or plumbing or air-conditioning
51and refrigeration system with a value of $125,000 $50,000 or
52less; and
53     2.a.  Requires an aggregate service capacity of 600 amperes
54(240 volts) or less on a residential electrical system or 800
55amperes (240 volts) or less on a commercial or industrial
56electrical system;
57     b.  Requires a plumbing system with fewer than 250 fixture
58units; or
59     c.  Requires a heating, ventilation, and air-conditioning
60system not to exceed a 15-ton-per-system capacity, or if the
61project is designed to accommodate 100 or fewer persons.
62     Section 63.  The Office of Program Policy Analysis and
63Government Accountability shall perform a study and make
64recommendations to the Legislature by December 1, 2009,
65regarding the enactment of laws to provide for protection and
66remedies from existing and unregulated online poker activities,
67which currently lack oversight and consumer protection under s.
68849.086, Florida Statutes.
69     Section 64.  Effective upon this act becoming a law, the
70amendments made by this act to ss. 489.128(1)(a) and
71489.532(1)(a), Florida Statutes, shall apply retroactively to
72contracts entered into on or after October 1, 2000, and shall
73apply retroactively to all actions pending when this act becomes
74a law.
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T I T L E  A M E N D M E N T
78     Remove line 204 and insert:
79made to s. 455.227, F.S., in references thereto; amending s.
8020.165, F.S.; creating the Division of Service Operations of the
81department; amending s. 455.217, F.S.; conforming provisions and
82transferring to the Division of Service Operations from the
83Division of Technology certain responsibilities related to
84examinations; revising certain requirements for the department
85concerning the use of outside vendors for the development,
86preparation, and evaluation of examinations; amending s.
87471.003, F.S.; revises the types of construction projects for
88which certain contractors are exempt from licensure as an
89engineer; requiring that the Office of Program Policy Analysis
90and Government Accountability perform a study and make certain
91recommendations to the Legislature by a specified date regarding
92the enactment of laws to provide for protection and remedies
93from certain online poker activities; providing for retroactive
94application; repealing


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