HB 425

1	A bill to be entitled
2	An act relating to regulation of professions; amending s.
3	455.213, F.S.; deleting signature notarization from the
4	information that the Department of Business and
5	Professional Regulation may require in documents submitted
6	for the issuance or renewal of a license; prescribing when
7	an application is received for purposes of certain
8	requirements of the Administrative Procedure Act; amending
9	s. 455.217, F.S.; deleting a provision requiring passage
10	of examinations relating to the practice of professions;
11	amending s. 455.227, F.S.; establishing additional grounds
12	for discipline of professions subject to regulation;
13	prohibiting the failure to report criminal convictions and
14	pleas; prohibiting the failure to complete certain
15	treatment programs; providing penalties; creating s.
16	455.2274, F.S.; authorizing the department's
17	representative to appear in criminal proceedings under
18	certain circumstances and provide certain assistance to
19	the court; amending s. 455.2281, F.S.; authorizing the
20	department to set unlicensed activities special fees for
21	each profession; authorizing the department to adopt rules
22	that reduce or waive the fees under certain circumstances;
23	amending s. 473.305, F.S.; deleting an examination late
24	filing fee applicable to certified public accountant
25	examinees; amending s. 473.308, F.S.; exempting certain
26	applicants from the work experience requirement for
27	licensure as a certified public accountant; amending s.
28	473.311, F.S.; deleting a provision requiring passage of a
29	rules examination for renewal of license as a certified
30	public accountant; amending s. 473.313, F.S.; deleting a
31	provision requiring passage of an examination as a
32	condition for reactivation of an inactive license as a
33	certified public accountant; amending s. 475.175, F.S.;
34	deleting the option to submit a notarized application for
35	a real estate broker or sales associate license; amending
36	s. 475.451, F.S.; limiting the attorney exemption from
37	continuing education requirements to attorneys in good
38	standing with The Florida Bar; amending s. 475.615, F.S.;
39	deleting a requirement that an application for a real
40	estate appraiser certification be notarized; amending s.
41	476.134, F.S.; requiring a written examination for a
42	barbering license; deleting provisions for a practical
43	examination for barbering license applicants; amending ss.
44	489.109 and 489.114, F.S.; deleting provisions relating to
45	a business organization's certificate of authority for
46	contracting to conform to changes made by the act;
47	amending s. 489.117, F.S.; deleting provisions requiring a
48	contractor applicant to submit proof of a local
49	occupational license; amending s. 489.119, F.S.; deleting
50	provisions for the issuance of a certificate of authority
51	to a business organization for contracting; requiring a
52	contractor to apply for registration or certification to
53	qualify a business organization as the qualifying agent;
54	authorizing the Construction Industry Licensing Board to
55	deny a registration or certification to qualify a business
56	organization under certain circumstances; requiring the
57	qualifying agent of a business organization to present
58	certain evidence to the board; providing that the board
59	has discretion to approve a business organization;
60	amending ss. 489.127, 489.128, 489.129, and 489.132, F.S.;
61	deleting provisions relating to a business organization's
62	certificate of authority for contracting to conform to
63	changes made by the act; amending s. 489.513, F.S.;
64	deleting a requirement that the local license required for
65	an electrical or alarm system contractor be an
66	occupational license; amending s. 489.515, F.S.;
67	authorizing the Electrical Contractors' Licensing Board to
68	adopt rules allowing alternative means for a certified
69	contractor applicant to demonstrate financial
70	responsibility; amending s. 548.002, F.S.; defining the
71	term "event" for regulation of pugilistic exhibitions;
72	amending s. 548.003, F.S.; authorizing the Florida State
73	Boxing Commission to adopt criteria for the approval of
74	certain amateur sanctioning organizations; reenacting ss.
75	468.436(2)(a), 468.832(1)(a), 468.842(1)(a),
76	471.033(1)(a), 472.033(1)(a), 473.323(1)(a), 475.25(1)(a),
77	475.624(1), 476.204(1)(h), 477.029(1)(h), 481.225(1)(a),
78	and 481.325(1)(a), F.S., relating to the discipline of
79	community association managers or firms, home inspectors,
80	mold assessors and remediators, engineers, surveyors and
81	mappers, certified public accountants and accounting
82	firms, real estate brokers and sales associates, real
83	estate appraisers, barbers, cosmetologists, architects,
84	and landscape architects, to incorporate the amendment
85	made to s. 455.227, F.S., in references thereto; repealing
86	s. 509.201, F.S., relating to posting and advertising the
87	room rates of a public lodging establishment and related
88	penalties; providing an effective date.
89
90	Be It Enacted by the Legislature of the State of Florida:
91
92	Section 1.  Subsection (1) of section 455.213, Florida
93	Statutes, is amended to read:
94	455.213  General licensing provisions.--
95	(1)  Any person desiring to be licensed shall apply to the
96	department in writing. The application for licensure shall be
97	submitted made on a form prescribed prepared and furnished by
98	the department and must include the applicant's social security
99	number. Notwithstanding any other provision of law, the
100	department is the sole authority for determining the contents of
101	any documents to be submitted for initial licensure and
102	licensure renewal. Such documents may contain information
103	including, as appropriate: demographics, education, work
104	history, personal background, criminal history, finances,
105	business information, complaints, inspections, investigations,
106	discipline, bonding, signature notarization, photographs,
107	performance periods, reciprocity, local government approvals,
108	supporting documentation, periodic reporting requirements,
109	fingerprint requirements, continuing education requirements, and
110	ongoing education monitoring. The application shall be
111	supplemented as needed to reflect any material change in any
112	circumstance or condition stated in the application which takes
113	place between the initial filing of the application and the
114	final grant or denial of the license and which might affect the
115	decision of the department. In order to further the economic
116	development goals of the state, and notwithstanding any law to
117	the contrary, the department may enter into an agreement with
118	the county tax collector for the purpose of appointing the
119	county tax collector as the department's agent to accept
120	applications for licenses and applications for renewals of
121	licenses. The agreement must specify the time within which the
122	tax collector must forward any applications and accompanying
123	application fees to the department. In cases where a person
124	applies or schedules directly with a national examination
125	organization or examination vendor to take an examination
126	required for licensure, any organization- or vendor-related fees
127	associated with the examination may be paid directly to the
128	organization or vendor. An application is received for purposes
129	of s. 120.60 upon the department's receipt of the application
130	submitted in the format prescribed by the department; the
131	application fee set by the board or, if there is no board, set
132	by the department; and any other fee required by law or rule to
133	be remitted with the application.
134	Section 2.  Subsection (7) of section 455.217, Florida
135	Statutes, is amended to read:
136	455.217  Examinations.--This section shall be read in
137	conjunction with the appropriate practice act associated with
138	each regulated profession under this chapter.
139	(7)  In addition to meeting any other requirements for
140	licensure by examination or by endorsement, an applicant may be
141	required by a board, or by the department, if there is no board,
142	to pass an examination pertaining to state laws and rules
143	applicable to the practice of the profession regulated by that
144	board or by the department.
145	Section 3.  Paragraphs (t) and (u) are added to subsection
146	(1) of section 455.227, Florida Statutes, to read:
147	455.227  Grounds for discipline; penalties; enforcement.--
148	(1)  The following acts shall constitute grounds for which
149	the disciplinary actions specified in subsection (2) may be
150	taken:
151	(t)  Failing to report in writing to the board or, if there
152	is no board, to the department within 30 days after the licensee
153	is convicted or found guilty of, or entered a plea of nolo
154	contendere or guilty to, regardless of adjudication, a crime in
155	any jurisdiction. A licensee must report a conviction, finding
156	of guilt, plea, or adjudication entered before the effective
157	date of this paragraph within 30 days after the effective date
158	of this paragraph.
159	(u)  Termination from a treatment program for impaired
160	practitioners as described in s. 456.076 for failure to comply,
161	without good cause, with the terms of the monitoring or
162	treatment contract entered into by the licensee or failing to
163	successfully complete a drug or alcohol treatment program.
164	Section 4.  Section 455.2274, Florida Statutes, is created
165	to read:
166	455.2274  Criminal proceedings against licensees;
167	appearances by department representatives.--A representative of
168	the department may voluntarily appear in a criminal proceeding
169	brought against a person licensed by the department to practice
170	a profession regulated by the state. The department's
171	representative is authorized to furnish pertinent information,
172	make recommendations regarding specific conditions of probation,
173	and provide other assistance to the court necessary to promote
174	justice or protect the public. The court may order a
175	representative of the department to appear in a criminal
176	proceeding if the crime charged is substantially related to the
177	qualifications, functions, or duties of a license regulated by
178	the department.
179	Section 5.  Section 455.2281, Florida Statutes, is amended
180	to read:
181	455.2281  Unlicensed activities; fees; disposition.--In
182	order to protect the public and to ensure a consumer-oriented
183	department, it is the intent of the Legislature that vigorous
184	enforcement of regulation for all professional activities is a
185	state priority. All enforcement costs should be covered by
186	professions regulated by the department. Therefore, the
187	department may shall impose, upon initial licensure and each
188	renewal thereof, a special fee not to exceed of $5 per licensee.
189	The Such fee shall be set by the department by rule for each
190	profession and shall be in addition to all other fees collected
191	from each licensee and shall fund efforts to combat unlicensed
192	activity. Any profession regulated by the department which
193	offers services that are not subject to regulation when provided
194	by an unlicensed person may use funds in its unlicensed activity
195	account to inform the public of such situation. The board with
196	concurrence of the department, or the department when there is
197	no board, may earmark up to $5 of the current licensure fee for
198	this purpose, if such board, or profession regulated by the
199	department, is not in a deficit and has a reasonable cash
200	balance. The department may adopt rules to waive an unlicensed
201	activity special fee for up to 2 years if both the operating
202	account and the unlicensed activity account have an excess cash
203	balance. A board or profession regulated by the department may
204	authorize the transfer of funds from the operating fund account
205	to the unlicensed activity account of that profession if the
206	operating fund account is not in a deficit and has a reasonable
207	cash balance. The department shall make direct charges to this
208	fund by profession and shall not allocate indirect overhead. The
209	department shall seek board advice regarding enforcement methods
210	and strategies prior to expenditure of funds; however, the
211	department may, without board advice, allocate funds to cover
212	the costs of continuing education compliance monitoring under s.
213	455.2177. The department shall directly credit, by profession,
214	revenues received from the department's efforts to enforce
215	licensure provisions. The department shall include all financial
216	and statistical data resulting from unlicensed activity
217	enforcement and from continuing education compliance monitoring
218	as separate categories in the quarterly management report
219	provided for in s. 455.219. The department shall not charge the
220	account of any profession for the costs incurred on behalf of
221	any other profession. For an unlicensed activity account, a
222	balance which remains at the end of a renewal cycle may, with
223	concurrence of the applicable board and the department, be
224	transferred to the operating fund account of that profession.
225	Section 6.  Section 473.305, Florida Statutes, is amended
226	to read:
227	473.305  Fees.--The board, by rule, may establish fees to
228	be paid for applications, examination, reexamination, licensing
229	and renewal, reinstatement, and recordmaking and recordkeeping.
230	The fee for the examination shall be established at an amount
231	that covers the costs for the procurement or development,
232	administration, grading, and review of the examination. The fee
233	for the examination is refundable if the applicant is found to
234	be ineligible to sit for the examination. The fee for initial
235	application is nonrefundable, and the combined fees for
236	application and examination may not exceed $250 plus the actual
237	per applicant cost to the department for purchase of the
238	examination from the American Institute of Certified Public
239	Accountants or a similar national organization. The biennial
240	renewal fee may not exceed $250. The board may also establish,
241	by rule, a reactivation fee, a late filing fee for the law and
242	rules examination, and a delinquency fee not to exceed $50 for
243	continuing professional education reporting forms. The board
244	shall establish fees which are adequate to ensure the continued
245	operation of the board and to fund the proportionate expenses
246	incurred by the department which are allocated to the regulation
247	of public accountants. Fees shall be based on department
248	estimates of the revenue required to implement this chapter and
249	the provisions of law with respect to the regulation of
250	certified public accountants.
251	Section 7.  Subsection (4) of section 473.308, Florida
252	Statutes, is amended to read:
253	473.308  Licensure.--
254	(4)  An applicant for licensure after December 31, 2008,
255	must show that he or she has had 1 year of work experience. This
256	experience shall include providing any type of service or advice
257	involving the use of accounting, attest, compilation, management
258	advisory, financial advisory, tax, or consulting skills, all of
259	which must be verified by a certified public accountant who is
260	licensed by a state or territory of the United States and who
261	has supervised the applicant. This experience is acceptable if
262	it was gained through employment in government, industry,
263	academia, or public practice; constituted a substantial part of
264	the applicant's duties; and was under the supervision of a
265	certified public accountant licensed by a state or territory of
266	the United States. The board shall adopt rules specifying
267	standards and providing for the review and approval of the work
268	experience required by this section. This subsection does not
269	apply to an applicant who completed the educational requirements
270	in subsection (3) by December 31, 2008, and passes the licensure
271	examination by June 30, 2010.
272	Section 8.  Subsection (1) of section 473.311, Florida
273	Statutes, is amended to read:
274	473.311  Renewal of license.--
275	(1)  The department shall renew a license upon receipt of
276	the renewal application and fee and upon certification by the
277	board that the licensee has satisfactorily completed the
278	continuing education requirements of s. 473.312 and has passed
279	an examination approved by the board on chapter 455 and this
280	chapter and the related administrative rules. However, each
281	licensee must complete the requirements of s. 473.312(1)(c)
282	prior to taking the examination.
283	Section 9.  Subsection (3) of section 473.313, Florida
284	Statutes, is amended to read:
285	473.313  Inactive status.--
286	(3)  Any licensee holding an inactive license may be
287	permitted to reactivate such license in a conditional manner.
288	The conditions of reactivation shall require, in addition to the
289	payment of fees, the passing of the examination approved by the
290	board concerning chapter 455 and this chapter, and the related
291	administrative rules, and the completion of required continuing
292	education.
293	Section 10.  Paragraph (a) of subsection (1) of section
294	475.175, Florida Statutes, is amended to read:
295	475.175  Examinations.--
296	(1)  A person shall be entitled to take the license
297	examination to practice in this state if the person:
298	(a)  Submits to the department the appropriate notarized or
299	electronically authenticated application and fee, and a
300	fingerprint card. The fingerprint card shall be forwarded to the
301	Division of Criminal Justice Information Systems within the
302	Department of Law Enforcement for purposes of processing the
303	fingerprint card to determine if the applicant has a criminal
304	history record. The fingerprint card shall also be forwarded to
305	the Federal Bureau of Investigation for purposes of processing
306	the fingerprint card to determine if the applicant has a
307	criminal history record. The information obtained by the
308	processing of the fingerprint card by the Florida Department of
309	Law Enforcement and the Federal Bureau of Investigation shall be
310	sent to the department for the purpose of determining if the
311	applicant is statutorily qualified for examination. Effective
312	July 1, 2006, an applicant shall provide fingerprints in
313	electronic format.
314	Section 11.  Subsection (6) of section 475.451, Florida
315	Statutes, is amended to read:
316	475.451  Schools teaching real estate practice.--
317	(6)  Any course prescribed by the commission as a condition
318	precedent to any person's becoming initially licensed as a sales
319	associate may be taught in any real estate school through the
320	use of a video tape of instruction by a currently permitted
321	instructor from any such school or may be taught by distance
322	learning pursuant to s. 475.17(2). The commission may require
323	that any such video tape course have a single session of live
324	instruction by a currently permitted instructor from any such
325	school; however, this requirement shall not exceed 3 classroom
326	hours. All other prescribed courses, except the continuing
327	education course required by s. 475.182, shall be taught by a
328	currently permitted school instructor personally in attendance
329	at such course or by distance learning pursuant to s. 475.17.
330	The continuing education course required by s. 475.182 may be
331	taught by distance learning pursuant to s. 475.17 or by an
332	equivalent correspondence course; however, any such
333	correspondence course shall be required to have a final
334	examination, prepared and administered by the school issuing the
335	correspondence course. The continuing education requirements
336	provided in this section or provided in any other section in
337	this chapter do not apply with respect to an any attorney who is
338	otherwise qualified under the provisions of this chapter and who
339	is a certified member in good standing by The Florida Bar.
340	Section 12.  Subsection (5) of section 475.615, Florida
341	Statutes, is amended to read:
342	475.615  Qualifications for registration or
343	certification.--
344	(5)  At the time of filing an a notarized application for
345	registration or certification, the applicant must sign a pledge
346	to comply with the Uniform Standards of Professional Appraisal
347	Practice upon registration or certification and must indicate in
348	writing that she or he understands the types of misconduct for
349	which disciplinary proceedings may be initiated. The application
350	shall expire 1 year after the date received.
351	Section 13.  Subsection (1) of section 476.134, Florida
352	Statutes, is amended to read:
353	476.134  Examinations.--
354	(1)  Examinations of applicants for licenses as barbers
355	shall be offered not less than four times each year. The
356	examination of applicants for licenses as barbers shall may
357	include both a practical demonstration and a written test. The
358	board shall have the authority to adopt rules with respect to
359	the examination of applicants for licensure. The board may
360	provide rules with respect to written or practical examinations
361	in such manner as the board may deem fit.
362	Section 14.  Paragraphs (e) through (g) of subsection (1)
363	of section 489.109, Florida Statutes, are redesignated as
364	paragraphs (d) through (f), respectively, and present paragraph
365	(d) of that subsection is amended to read:
366	489.109  Fees.--
367	(1)  The board, by rule, shall establish reasonable fees to
368	be paid for applications, certification and renewal,
369	registration and renewal, and recordmaking and recordkeeping.
370	The fees shall be established as follows:
371	(d)  The board, by rule, may establish a fee for transfer
372	of a certificate of authority from one business organization to
373	another, not to exceed the applicable renewal fee.
374	Section 15.  Section 489.114, Florida Statutes, is amended
375	to read:
376	489.114  Evidence of workers' compensation
377	coverage.--Except as provided in s. 489.115(5)(d), any person,
378	business organization, or qualifying agent engaged in the
379	business of contracting in this state and certified or
380	registered under this part shall, as a condition precedent to
381	the issuance or renewal of a certificate or, registration, or
382	certificate of authority of the contractor, provide to the
383	Construction Industry Licensing Board, as provided by board
384	rule, evidence of workers' compensation coverage pursuant to
385	chapter 440. In the event that the Division of Workers'
386	Compensation of the Department of Financial Services receives
387	notice of the cancellation of a policy of workers' compensation
388	insurance insuring a person or entity governed by this section,
389	the Division of Workers' Compensation shall certify and identify
390	all persons or entities by certification or registration license
391	number to the department after verification is made by the
392	Division of Workers' Compensation that persons or entities
393	governed by this section are no longer covered by workers'
394	compensation insurance. Such certification and verification by
395	the Division of Workers' Compensation may result from records
396	furnished to the Division of Workers' Compensation by the
397	persons or entities governed by this section or an investigation
398	completed by the Division of Workers' Compensation. The
399	department shall notify the persons or entities governed by this
400	section who have been determined to be in noncompliance with
401	chapter 440, and the persons or entities notified shall provide
402	certification of compliance with chapter 440 to the department
403	and pay an administrative fine in the amount of $500. The
404	failure to maintain workers' compensation coverage as required
405	by law shall be grounds for the board to revoke, suspend, or
406	deny the issuance or renewal of a certificate or, registration,
407	or certificate of authority of the contractor under the
408	provisions of s. 489.129.
409	Section 16.  Paragraph (a) of subsection (1) of section
410	489.117, Florida Statutes, is amended to read:
411	489.117  Registration; specialty contractors.--
412	(1)(a)  Any person engaged in the business of a contractor
413	in the state shall be registered in the proper classification,
414	unless he or she is certified. Any person entering the business
415	of a contractor shall be registered before prior to engaging in
416	business as a contractor, unless he or she is certified. To be
417	initially registered, the applicant shall submit the required
418	fee and file evidence, in a form provided by the department, of
419	holding a current local occupational license required by any
420	municipality, county, or development district, if any, for the
421	type of work for which registration is desired and evidence of
422	successful compliance with the local examination and licensing
423	requirements, if any, in the area for which registration is
424	desired. An No examination is not shall be required for
425	registration.
426	Section 17.  Section 489.119, Florida Statutes, is amended
427	to read:
428	489.119  Business organizations; qualifying agents.--
429	(1)  If an individual proposes to engage in contracting in
430	the individual's own name, or a fictitious name where the
431	individual is doing business as a sole proprietorship,
432	registration or certification may be issued only to that
433	individual.
434	(2)  If the applicant proposes to engage in contracting as
435	a business organization, including any partnership, corporation,
436	business trust, or other legal entity, or in any name other than
437	the applicant's legal name or a fictitious name where the
438	applicant is doing business as a sole proprietorship, the
439	applicant business organization must apply for registration or
440	certification as the for a certificate of authority through a
441	qualifying agent of the business organization and under the
442	fictitious name, if any.
443	(a)  An The application for registration or certification
444	to qualify a business organization a certificate of authority
445	must state the name of the partnership and of its partners; the
446	name of the corporation and of its officers and directors and
447	the name of each of its stockholders who is also an officer or
448	director; the name of the business trust and its trustees; or
449	the name of such other legal entity and its members; and must
450	state the fictitious name, if any, under which the business
451	organization is doing business.
452	(b)1.  An The application for registration or certification
453	to qualify a business organization primary qualifying agent must
454	include an affidavit on a form provided by the board attesting
455	that the applicant has final approval authority for all
456	construction work performed by the business organization entity
457	and that the applicant has final approval authority on all
458	business matters, including contracts, specifications, checks,
459	drafts, or payments, regardless of the form of payment, made by
460	the business organization entity, except where a financially
461	responsible officer is approved.
462	2.  The application for financially responsible officer
463	must include an affidavit on a form provided by the board
464	attesting that the applicant's approval is required for all
465	checks, drafts, or payments, regardless of the form of payment,
466	made by the business organization entity and that the applicant
467	has authority to act for the business organization in all
468	financial matters.
469	3.  The application for secondary qualifying agent must
470	include an affidavit on a form provided by the board attesting
471	that the applicant has authority to supervise all construction
472	work performed by the business organization entity as provided
473	in s. 489.1195(2).
474	(c)  The board may deny an application for registration or
475	certification to qualify a business organization if the
476	applicant, or any person listed in paragraph (a), has been
477	involved in past disciplinary actions or on any grounds for
478	which an individual registration or certification may be denied.
479	(d)(b)  The applicant must furnish evidence of statutory
480	compliance if a fictitious name is used, the provisions of s.
481	865.09(7) notwithstanding.
482	(e)(c)  A joint venture, including a joint venture composed
483	of qualified business organizations, is itself a separate and
484	distinct organization that must be qualified and obtain a
485	certificate of authority in accordance with board rules.
486	(d)  A certificate of authority must be renewed every 2
487	years. If there is a change in any information that is required
488	to be stated on the application, the business organization
489	shall, within 45 days after such change occurs, mail the correct
490	information to the department.
491	(3)(a)  A The qualifying agent must shall be certified or
492	registered under this part in order for the business
493	organization to operate be issued a certificate of authority in
494	the category of contracting in the business conducted for which
495	the qualifying agent is certified or registered. If any
496	qualifying agent ceases to be affiliated with a such business
497	organization, he or she shall so inform the department. In
498	addition, if the such qualifying agent is the only certified or
499	registered contractor affiliated with the business organization,
500	the business organization shall notify the department of the
501	termination of the qualifying agent and shall have 60 days from
502	the termination of the qualifying agent's affiliation with the
503	business organization in which to employ another qualifying
504	agent. The business organization may not engage in contracting
505	until a qualifying agent is employed, unless the executive
506	director or chair of the board has granted a temporary
507	nonrenewable certificate or registration to the financially
508	responsible officer, the president, a partner, or, in the case
509	of a limited partnership, the general partner, who assumes all
510	responsibilities of a primary qualifying agent for the business
511	organization entity. This temporary certificate or registration
512	shall only allow the business organization entity to proceed
513	with incomplete contracts. For the purposes of this paragraph,
514	an incomplete contract is one which has been awarded to, or
515	entered into by, the business organization prior to the
516	cessation of affiliation of the qualifying agent with the
517	business organization or one on which the business organization
518	was the low bidder and the contract is subsequently awarded,
519	regardless of whether any actual work has commenced under the
520	contract prior to the qualifying agent ceasing to be affiliated
521	with the business organization.
522	(b)  The qualifying agent shall inform the department in
523	writing when he or she proposes to engage in contracting in his
524	or her own name or in affiliation with another business
525	organization, and he or she or such new business organization
526	shall supply the same information to the department as required
527	of applicants under this part.
528	(c)  Upon a favorable determination by the board, after
529	investigation of the financial responsibility, credit, and
530	business reputation of the qualifying agent and the new business
531	organization, the department shall issue, without an
532	examination, a new certificate of authority in the business
533	organization's name.
534	(4)  Disciplinary action against a business organization
535	holding a certificate of authority shall be administered in the
536	same manner and on the same grounds as disciplinary action
537	against a contractor. The board may deny the certification of
538	any person cited in subsection (2) if the person has been
539	involved in past disciplinary actions or on any grounds for
540	which individual certification can be denied.
541	(4)(5)  When a certified qualifying agent, on behalf of a
542	business organization, makes application for an occupational
543	license in any municipality or county of this state, the
544	application shall be made with the tax collector in the name of
545	the business organization and the qualifying agent; and the
546	license, when issued, shall be issued to the business
547	organization, upon payment of the appropriate licensing fee and
548	exhibition to the tax collector of a valid certificate for the
549	qualifying agent and a valid certificate of authority for the
550	business organization issued by the department, and the state
551	license numbers shall be noted thereon.
552	(5)(6)(a)  Each registered or certified contractor shall
553	affix the number of his or her registration or certification to
554	each application for a building permit and on each building
555	permit issued and recorded. Each city or county building
556	department shall require, as a precondition for the issuance of
557	the building permit, that the contractor taking out the permit
558	must provide verification giving his or her Construction
559	Industry Licensing Board registration or certification number.
560	(b)  The registration or certification number of each
561	contractor or certificate of authority number for each business
562	organization shall appear in each offer of services, business
563	proposal, bid, contract, or advertisement, regardless of medium,
564	as defined by board rule, used by that contractor or business
565	organization in the practice of contracting.
566	(c)  If a vehicle bears the name of a contractor or
567	business organization, or any text or artwork which would lead a
568	reasonable person to believe that the vehicle is used for
569	contracting, the registration or certification number of the
570	contractor or certificate of authority number of the business
571	organization must be conspicuously and legibly displayed with
572	the name, text, or artwork. Local governments may also require
573	that locally licensed contractors must also display their
574	certificate of competency or license numbers. Nothing in this
575	paragraph shall be construed to create a mandatory vehicle
576	signage requirement.
577	(d)  For the purposes of this part, the term
578	"advertisement" does not include business stationery or any
579	promotional novelties such as balloons, pencils, trinkets, or
580	articles of clothing.
581	(e)  The board shall issue a notice of noncompliance for
582	the first offense, and may assess a fine or issue a citation for
583	failure to correct the offense within 30 days or for any
584	subsequent offense, to any contractor or business organization
585	that fails to include the certification or, registration, or
586	certificate of authority number as required by this part when
587	submitting an advertisement for publication, broadcast, or
588	printing or fails to display the certification or, registration,
589	or certificate of authority number as required by this part.
590	(6)(7)  Each qualifying agent shall pay the department an
591	amount equal to the original fee for registration or
592	certification to qualify a certificate of authority of a new
593	business organization. If the qualifying agent for a business
594	organization desires to qualify additional business
595	organizations, the board shall require the qualifying agent him
596	or her to present evidence of his or her ability to supervise
597	the construction activities and financial responsibility of each
598	such organization. Approval of each business organization The
599	issuance of such certificate of authority is discretionary with
600	the board.
601	(7)(8)(a)  A business organization proposing to engage in
602	contracting is not required to apply for or obtain authorization
603	under this part to engage in contracting if:
604	1.  The business organization employs one or more
605	registered or certified contractors licensed in accordance with
606	this part who are responsible for obtaining permits and
607	supervising all of the business organization's contracting
608	activities;
609	2.  The business organization engages only in contracting
610	on property owned by the business organization or by its parent,
611	subsidiary, or affiliated entities; and
612	3.  The business organization, or its parent entity if the
613	business organization is a wholly owned subsidiary, maintains a
614	minimum net worth of $20 million.
615	(b)  Any business organization engaging in contracting
616	under this subsection shall provide the board with the name and
617	license number of each registered or certified contractor
618	employed by the business organization to supervise its
619	contracting activities. The business organization is not
620	required to post a bond or otherwise evidence any financial or
621	credit information except as necessary to demonstrate compliance
622	with paragraph (a).
623	(c)  A registered or certified contractor employed by a
624	business organization to supervise its contracting activities
625	under this subsection shall not be required to post a bond or
626	otherwise evidence any personal financial or credit information
627	so long as the individual performs contracting activities
628	exclusively on behalf of a business organization meeting all of
629	the requirements of paragraph (a).
630	Section 18.  Subsection (1) of section 489.127, Florida
631	Statutes, is amended to read:
632	489.127  Prohibitions; penalties.--
633	(1)  No person shall:
634	(a)  Falsely hold himself or herself or a business
635	organization out as a licensee, certificateholder, or
636	registrant;
637	(b)  Falsely impersonate a certificateholder or registrant;
638	(c)  Present as his or her own the certificate or,
639	registration, or certificate of authority of another;
640	(d)  Knowingly give false or forged evidence to the board
641	or a member thereof;
642	(e)  Use or attempt to use a certificate or, registration
643	that, or certificate of authority which has been suspended or
644	revoked;
645	(f)  Engage in the business or act in the capacity of a
646	contractor or advertise himself or herself or a business
647	organization as available to engage in the business or act in
648	the capacity of a contractor without being duly registered or
649	certified or having a certificate of authority;
650	(g)  Operate a business organization engaged in contracting
651	after 60 days following the termination of its only qualifying
652	agent without designating another primary qualifying agent,
653	except as provided in ss. 489.119 and 489.1195;
654	(h)  Commence or perform work for which a building permit
655	is required pursuant to part IV of chapter 553 without such
656	building permit being in effect; or
657	(i)  Willfully or deliberately disregard or violate any
658	municipal or county ordinance relating to uncertified or
659	unregistered contractors.
660
661	For purposes of this subsection, a person or business
662	organization operating on an inactive or suspended certificate
663	or, registration, or certificate of authority is not duly
664	certified or registered and is considered unlicensed. A business
665	tax receipt issued under the authority of chapter 205 is not a
666	license for purposes of this part.
667	Section 19.  Paragraph (b) of subsection (1) of section
668	489.128, Florida Statutes, is amended to read:
669	489.128  Contracts entered into by unlicensed contractors
670	unenforceable.--
671	(1)  As a matter of public policy, contracts entered into
672	on or after October 1, 1990, by an unlicensed contractor shall
673	be unenforceable in law or in equity by the unlicensed
674	contractor.
675	(b)  For purposes of this section, an individual or
676	business organization may not be considered unlicensed for
677	failing to have a business tax receipt issued under the
678	authority of chapter 205. A business organization may not be
679	considered unlicensed for failing to have a certificate of
680	authority as required by ss. 489.119 and 489.127. For purposes
681	of this section, a business organization entering into the
682	contract may not be considered unlicensed if, before the date
683	established by paragraph (c), an individual possessing a license
684	required by this part concerning the scope of the work to be
685	performed under the contract has submitted an application for a
686	certificate of authority designating that individual as a
687	qualifying agent for the business organization entering into the
688	contract, and the application was not acted upon by the
689	department or applicable board within the time limitations
690	imposed by s. 120.60.
691	Section 20.  Subsections (1), (5), and (7) of section
692	489.129, Florida Statutes, are amended to read:
693	489.129  Disciplinary proceedings.--
694	(1)  The board may take any of the following actions
695	against any certificateholder or registrant: place on probation
696	or reprimand the licensee, revoke, suspend, or deny the issuance
697	or renewal of the certificate or, registration, or certificate
698	of authority, require financial restitution to a consumer for
699	financial harm directly related to a violation of a provision of
700	this part, impose an administrative fine not to exceed $10,000
701	per violation, require continuing education, or assess costs
702	associated with investigation and prosecution, if the
703	contractor, financially responsible officer, or business
704	organization for which the contractor is a primary qualifying
705	agent, a financially responsible officer, or a secondary
706	qualifying agent responsible under s. 489.1195 is found guilty
707	of any of the following acts:
708	(a)  Obtaining a certificate or, registration, or
709	certificate of authority by fraud or misrepresentation.
710	(b)  Being convicted or found guilty of, or entering a plea
711	of nolo contendere to, regardless of adjudication, a crime in
712	any jurisdiction which directly relates to the practice of
713	contracting or the ability to practice contracting.
714	(c)  Violating any provision of chapter 455.
715	(d)  Performing any act which assists a person or entity in
716	engaging in the prohibited uncertified and unregistered practice
717	of contracting, if the certificateholder or registrant knows or
718	has reasonable grounds to know that the person or entity was
719	uncertified and unregistered.
720	(e)  Knowingly combining or conspiring with an uncertified
721	or unregistered person by allowing his or her certificate or,
722	registration, or certificate of authority to be used by the
723	uncertified or unregistered person with intent to evade the
724	provisions of this part. When a certificateholder or registrant
725	allows his or her certificate or registration to be used by one
726	or more business organizations without having any active
727	participation in the operations, management, or control of such
728	business organizations, such act constitutes prima facie
729	evidence of an intent to evade the provisions of this part.
730	(f)  Acting in the capacity of a contractor under any
731	certificate or registration issued hereunder except in the name
732	of the certificateholder or registrant as set forth on the
733	issued certificate or registration, or in accordance with the
734	personnel of the certificateholder or registrant as set forth in
735	the application for the certificate or registration, or as later
736	changed as provided in this part.
737	(g)  Committing mismanagement or misconduct in the practice
738	of contracting that causes financial harm to a customer.
739	Financial mismanagement or misconduct occurs when:
740	1.  Valid liens have been recorded against the property of
741	a contractor's customer for supplies or services ordered by the
742	contractor for the customer's job; the contractor has received
743	funds from the customer to pay for the supplies or services; and
744	the contractor has not had the liens removed from the property,
745	by payment or by bond, within 75 days after the date of such
746	liens;
747	2.  The contractor has abandoned a customer's job and the
748	percentage of completion is less than the percentage of the
749	total contract price paid to the contractor as of the time of
750	abandonment, unless the contractor is entitled to retain such
751	funds under the terms of the contract or refunds the excess
752	funds within 30 days after the date the job is abandoned; or
753	3.  The contractor's job has been completed, and it is
754	shown that the customer has had to pay more for the contracted
755	job than the original contract price, as adjusted for subsequent
756	change orders, unless such increase in cost was the result of
757	circumstances beyond the control of the contractor, was the
758	result of circumstances caused by the customer, or was otherwise
759	permitted by the terms of the contract between the contractor
760	and the customer.
761	(h)  Being disciplined by any municipality or county for an
762	act or violation of this part.
763	(i)  Failing in any material respect to comply with the
764	provisions of this part or violating a rule or lawful order of
765	the board.
766	(j)  Abandoning a construction project in which the
767	contractor is engaged or under contract as a contractor. A
768	project may be presumed abandoned after 90 days if the
769	contractor terminates the project without just cause or without
770	proper notification to the owner, including the reason for
771	termination, or fails to perform work without just cause for 90
772	consecutive days.
773	(k)  Signing a statement with respect to a project or
774	contract falsely indicating that the work is bonded; falsely
775	indicating that payment has been made for all subcontracted
776	work, labor, and materials which results in a financial loss to
777	the owner, purchaser, or contractor; or falsely indicating that
778	workers' compensation and public liability insurance are
779	provided.
780	(l)  Committing fraud or deceit in the practice of
781	contracting.
782	(m)  Committing incompetency or misconduct in the practice
783	of contracting.
784	(n)  Committing gross negligence, repeated negligence, or
785	negligence resulting in a significant danger to life or
786	property.
787	(o)  Proceeding on any job without obtaining applicable
788	local building department permits and inspections.
789	(p)  Intimidating, threatening, coercing, or otherwise
790	discouraging the service of a notice to owner under part I of
791	chapter 713 or a notice to contractor under chapter 255 or part
792	I of chapter 713.
793	(q)  Failing to satisfy within a reasonable time, the terms
794	of a civil judgment obtained against the licensee, or the
795	business organization qualified by the licensee, relating to the
796	practice of the licensee's profession.
797
798	For the purposes of this subsection, construction is considered
799	to be commenced when the contract is executed and the contractor
800	has accepted funds from the customer or lender. A contractor
801	does not commit a violation of this subsection when the
802	contractor relies on a building code interpretation rendered by
803	a building official or person authorized by s. 553.80 to enforce
804	the building code, absent a finding of fraud or deceit in the
805	practice of contracting, or gross negligence, repeated
806	negligence, or negligence resulting in a significant danger to
807	life or property on the part of the building official, in a
808	proceeding under chapter 120.
809	(5)  The board may not reinstate the certification or,
810	registration, or certificate of authority of, or cause a
811	certificate or, registration, or certificate of authority to be
812	issued to, a person who or business organization which the board
813	has determined is unqualified or whose certificate or,
814	registration, or certificate of authority the board has
815	suspended until it is satisfied that such person or business
816	organization has complied with all the terms and conditions set
817	forth in the final order and is capable of competently engaging
818	in the business of contracting.
819	(7)  The board shall not issue or renew a certificate or,
820	registration, or certificate of authority to any person or
821	business organization that has been assessed a fine, interest,
822	or costs associated with investigation and prosecution, or has
823	been ordered to pay restitution, until such fine, interest, or
824	costs associated with investigation and prosecution or
825	restitution are paid in full or until all terms and conditions
826	of the final order have been satisfied.
827	Section 21.  Subsection (5) of section 489.132, Florida
828	Statutes, is amended to read:
829	489.132  Prohibited acts by unlicensed principals;
830	investigation; hearing; penalties.--
831	(5)  The department may suspend, revoke, or deny issuance
832	or renewal of a certificate or, registration, or certificate of
833	authority for any individual or business organization that
834	associates a person as an officer, director, or partner, or in a
835	managerial or supervisory capacity, after such person has been
836	found under a final order to have violated this section or was
837	an officer, director, partner, trustee, or manager of a business
838	organization disciplined by the board by revocation, suspension,
839	or fine in excess of $2,500, upon finding reasonable cause that
840	such person knew or reasonably should have known of the conduct
841	leading to the discipline.
842	Section 22.  Subsection (5) of section 489.513, Florida
843	Statutes, is amended to read:
844	489.513  Registration; application; requirements.--
845	(5)  Registration permits the registrant to engage in
846	contracting only in the area and for the type of work covered by
847	the registration, unless local licenses are issued for other
848	areas and types of work or unless certification is obtained.
849	When a registrant desires to register in an additional area of
850	the state, he or she shall first comply with any local
851	requirements of that area and then file a request with the
852	department, together with evidence of holding a current
853	occupational license or license issued by the county or
854	municipality for the area or areas in which he or she desires to
855	be registered, whereupon his or her evidence of registration
856	shall be endorsed by the department to reflect valid
857	registration for the new area or areas.
858	Section 23.  Paragraph (b) of subsection (1) of section
859	489.515, Florida Statutes, is amended to read:
860	489.515  Issuance of certificates; registrations.--
861	(1)
862	(b)  The board shall certify as qualified for certification
863	any person who satisfies the requirements of s. 489.511 and who
864	submits satisfactory evidence that he or she has obtained both
865	workers' compensation insurance or an acceptable exemption
866	certificate issued by the department and public liability and
867	property damage insurance for the health, safety, and welfare of
868	the public in amounts determined by rule of the board, and
869	furnishes evidence of financial responsibility, credit, and
870	business reputation of either himself or herself or the business
871	organization he or she desires to qualify. The board may adopt
872	rules authorizing an alternative means for an applicant to
873	demonstrate financial responsibility by providing minimum credit
874	scores or bonds payable as prescribed by rule for financially
875	responsible officers under s. 489.1195.
876	Section 24.  Subsections (8) through (22) of section
877	548.002, Florida Statutes, are renumbered as subsections (9)
878	through (23), respectively, and a new subsection (8) is added to
879	that section, to read:
880	548.002  Definitions.--As used in this chapter, the term:
881	(8)  "Event" means one or more matches comprising a show.
882	Section 25.  Paragraph (k) of subsection (2) of section
883	548.003, Florida Statutes, is amended to read:
884	548.003  Florida State Boxing Commission.--
885	(2)  The Florida State Boxing Commission, as created by
886	subsection (1), shall administer the provisions of this chapter.
887	The commission has authority to adopt rules pursuant to ss.
888	120.536(1) and 120.54 to implement the provisions of this
889	chapter and to implement each of the duties and responsibilities
890	conferred upon the commission, including, but not limited to:
891	(k)  Establishment of criteria for approval, disapproval,
892	suspension of approval, and revocation of approval of amateur
893	sanctioning organizations for amateur boxing, and kickboxing,
894	and mixed martial arts matches held in this state, including,
895	but not limited to, the health and safety standards the
896	organizations use before, during, and after the matches to
897	ensure the health, safety, and well-being of the amateurs
898	participating in the matches, including the qualifications and
899	numbers of health care personnel required to be present, the
900	qualifications required for referees, and other requirements
901	relating to the health, safety, and well-being of the amateurs
902	participating in the matches. The commission may adopt by rule,
903	or incorporate by reference into rule, the health and safety
904	standards of USA Boxing as the minimum health and safety
905	standards for an amateur boxing sanctioning organization, and
906	the health and safety standards of the International Sport
907	Kickboxing Association as the minimum health and safety
908	standards for an amateur kickboxing sanctioning organization.
909	The commission shall review its rules for necessary revision at
910	least every 2 years and may adopt by rule, or incorporate by
911	reference into rule, the then-existing current health and safety
912	standards of USA Boxing and the International Sport Kickboxing
913	Association. The commission may adopt emergency rules to
914	administer this paragraph.
915	Section 26.  For the purpose of incorporating the amendment
916	made by this act to subsection (1) of section 455.227, Florida
917	Statutes, in a reference thereto, paragraph (a) of subsection
918	(2) of section 468.436, Florida Statutes, is reenacted to read:
919	468.436  Disciplinary proceedings.--
920	(2)  The following acts constitute grounds for which the
921	disciplinary actions in subsection (4) may be taken:
922	(a)  Violation of any provision of s. 455.227(1).
923	Section 27.  For the purpose of incorporating the amendment
924	made by this act to subsection (1) of section 455.227, Florida
925	Statutes, in a reference thereto, paragraph (a) of subsection
926	(1) of section 468.832, Florida Statutes, is reenacted to read:
927	468.832  Disciplinary proceedings.--
928	(1)  The following acts constitute grounds for which the
929	disciplinary actions in subsection (2) may be taken:
930	(a)  Violation of any provision of this part or s.
931	455.227(1);
932	Section 28.  For the purpose of incorporating the amendment
933	made by this act to subsection (1) of section 455.227, Florida
934	Statutes, in a reference thereto, paragraph (a) of subsection
935	(1) of section 468.842, Florida Statutes, is reenacted to read:
936	468.842  Disciplinary proceedings.--
937	(1)  The following acts constitute grounds for which the
938	disciplinary actions in subsection (2) may be taken:
939	(a)  Violation of any provision of this part or s.
940	455.227(1);
941	Section 29.  For the purpose of incorporating the amendment
942	made by this act to subsection (1) of section 455.227, Florida
943	Statutes, in a reference thereto, paragraph (a) of subsection
944	(1) of section 471.033, Florida Statutes, is reenacted to read:
945	471.033  Disciplinary proceedings.--
946	(1)  The following acts constitute grounds for which the
947	disciplinary actions in subsection (3) may be taken:
948	(a)  Violating any provision of s. 455.227(1), s. 471.025,
949	or s. 471.031, or any other provision of this chapter or rule of
950	the board or department.
951	Section 30.  For the purpose of incorporating the amendment
952	made by this act to section (1) of section 455.227, Florida
953	Statutes, in a reference thereto, paragraph (a) of subsection
954	(1) of section 472.033, Florida Statutes, is reenacted to read:
955	472.033  Disciplinary proceedings.--
956	(1)  The following acts constitute grounds for which the
957	disciplinary actions in subsection (2) may be taken:
958	(a)  Violation of any provision of s. 472.031 or s.
959	455.227(1);
960	Section 31.  For the purpose of incorporating the amendment
961	made by this act to subsection (1) of section 455.227, Florida
962	Statutes, in a reference thereto, paragraph (a) of subsection
963	(1) of section 473.323, Florida Statutes, is reenacted to read:
964	473.323  Disciplinary proceedings.--
965	(1)  The following acts constitute grounds for which the
966	disciplinary actions in subsection (3) may be taken:
967	(a)  Violation of any provision of s. 455.227(1) or any
968	other provision of this chapter.
969	Section 32.  For the purpose of incorporating the amendment
970	made by this act to subsection (1) of section 455.227, Florida
971	Statutes, in a reference thereto, paragraph (a) of subsection
972	(1) of section 475.25, Florida Statutes, is reenacted to read:
973	475.25  Discipline.--
974	(1)  The commission may deny an application for licensure,
975	registration, or permit, or renewal thereof; may place a
976	licensee, registrant, or permittee on probation; may suspend a
977	license, registration, or permit for a period not exceeding 10
978	years; may revoke a license, registration, or permit; may impose
979	an administrative fine not to exceed $5,000 for each count or
980	separate offense; and may issue a reprimand, and any or all of
981	the foregoing, if it finds that the licensee, registrant,
982	permittee, or applicant:
983	(a)  Has violated any provision of s. 455.227(1) or s.
984	475.42. However, licensees under this part are exempt from the
985	provisions of s. 455.227(1)(i).
986	Section 33.  For the purpose of incorporating the amendment
987	made by this act to subsection (1) of section 455.227, Florida
988	Statutes, in a reference thereto, subsection (1) of section
989	475.624, Florida Statutes, is reenacted to read:
990	475.624  Discipline.--The board may deny an application for
991	registration or certification; may investigate the actions of
992	any appraiser registered, licensed, or certified under this
993	part; may reprimand or impose an administrative fine not to
994	exceed $5,000 for each count or separate offense against any
995	such appraiser; and may revoke or suspend, for a period not to
996	exceed 10 years, the registration, license, or certification of
997	any such appraiser, or place any such appraiser on probation, if
998	it finds that the registered trainee, licensee, or
999	certificateholder:
1000	(1)  Has violated any provisions of this part or s.
1001	455.227(1); however, certificateholders, registrants, and
1002	licensees under this part are exempt from the provisions of s.
1003	455.227(1)(i).
1004	Section 34.  For the purpose of incorporating the amendment
1005	made by this act to subsection (1) of section 455.227, Florida
1006	Statutes, in a reference thereto, paragraph (h) of subsection
1007	(1) of section 476.204, Florida Statutes, is reenacted to read:
1008	476.204  Penalties.--
1009	(1)  It is unlawful for any person to:
1010	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1011	s. 476.214.
1012	Section 35.  For the purpose of incorporating the amendment
1013	made by this act to subsection (1) of section 455.227, Florida
1014	Statutes, in a reference thereto, paragraph (h) of subsection
1015	(1) of section 477.029, Florida Statutes, is reenacted to read:
1016	477.029  Penalty.--
1017	(1)  It is unlawful for any person to:
1018	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1019	or s. 477.028.
1020	Section 36.  For the purpose of incorporating the amendment
1021	made by this act to subsection (1) of section 455.227, Florida
1022	Statutes, in a reference thereto, paragraph (a) of subsection
1023	(1) of section 481.225, Florida Statutes, is reenacted to read:
1024	481.225  Disciplinary proceedings against registered
1025	architects.--
1026	(1)  The following acts constitute grounds for which the
1027	disciplinary actions in subsection (3) may be taken:
1028	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1029	or s. 481.223, or any rule of the board or department lawfully
1030	adopted pursuant to this part or chapter 455.
1031	Section 37.  For the purpose of incorporating the amendment
1032	made by this act to subsection (1) of section 455.227, Florida
1033	Statutes, in a reference thereto, paragraph (a) of subsection
1034	(1) of section 481.325, Florida Statutes, is reenacted to read:
1035	481.325  Disciplinary proceedings.--
1036	(1)  The following acts constitute grounds for which the
1037	disciplinary actions in subsection (3) may be taken:
1038	(a)  Violation of any provision of s. 455.227(1), s.
1039	481.321, or s. 481.323.
1040	Section 38.  Section 509.201, Florida Statutes, is
1041	repealed.
1042	Section 39.  This act shall take effect October 1, 2009.

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