CS/CS/CS/HB 425

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 that
5	the department may require in documents submitted for the
6	issuance or renewal of a license; prescribing when an
7	application is received for purposes of certain
8	requirements of the Administrative Procedure Act; amending
9	s. 455.227, F.S.; establishing additional grounds for
10	discipline of professions subject to regulation;
11	prohibiting the failure to report criminal convictions and
12	pleas; prohibiting the failure to complete certain
13	treatment programs; providing penalties; creating s.
14	455.2274, F.S.; authorizing the department's
15	representative to appear in criminal proceedings under
16	certain circumstances and provide certain assistance to
17	the court; amending s. 468.402, F.S.; providing for
18	certain disciplinary action against a talent agency for
19	revocation, suspension, or denial of the agency's license
20	in any jurisdiction; amending s. 468.403, F.S.;
21	prohibiting certain acts by persons who are not licensed
22	as a talent agency; amending s. 468.409, F.S.; requiring
23	certain records kept by a talent agency to be readily
24	available for inspection by the department; requiring
25	copies of the records to be provided to the department in
26	a specified manner; amending s. 468.410, F.S.; specifying
27	the time by which a talent agency must give an applicant
28	for the agency's registration or employment services a
29	copy of the contract for those services; amending s.
30	468.412, F.S.; requiring a talent agency to advise an
31	artist, in writing, of certain rights relating to
32	contracts for employment; specifying that an engagement
33	procured by a talent agency during a specified period
34	remains commissionable to the agency; limiting a
35	prohibition against division of fees by a talent agency to
36	circumstances in which the artist does not give written
37	consent; providing a definition; authorizing a talent
38	agency to assign an engagement contract to another agency
39	under certain circumstances; amending s. 468.413, F.S.;
40	increasing the penalty that the department may assess
41	against a talent agency that violates certain provisions
42	of law; amending s. 468.609, F.S.; deleting a requirement
43	that applicants for building code administrator
44	certification complete a certain core curriculum before
45	taking the certification examination; amending ss. 468.627
46	and 471.0195, F.S.; deleting provisions requiring building
47	code administrator and inspector certificateholders and
48	engineer licensees to complete a certain core curriculum
49	or pass an equivalency test of the Florida Building Code
50	Compliance and Mitigation Program; amending s. 473.305,
51	F.S.; deleting an examination late filing fee applicable
52	to certified public accountant examinees; amending s.
53	473.311, F.S.; deleting a provision requiring passage of a
54	rules examination for renewal of license as a certified
55	public accountant; amending s. 473.313, F.S.; deleting a
56	provision requiring passage of an examination as a
57	condition for reactivation of an inactive license as a
58	certified public accountant; amending s. 475.175, F.S.;
59	deleting the option to submit a notarized application for
60	a real estate broker or sales associate license; amending
61	s. 475.451, F.S.; limiting the attorney exemption from
62	continuing education requirements to attorneys in good
63	standing with The Florida Bar; amending s. 475.615, F.S.;
64	deleting a requirement that an application for a real
65	estate appraiser certification be notarized; amending ss.
66	476.134 and 476.144, F.S.; requiring a written examination
67	for a barbering license; deleting provisions for a
68	practical examination for barbering license applicants;
69	amending ss. 481.215 and 481.313, F.S.; deleting
70	provisions requiring architect, interior designer, and
71	landscape architect licensees to complete a certain core
72	curriculum or pass an equivalency test of the Florida
73	Building Code Compliance and Mitigation Program; amending
74	s. 489.103, F.S.; revising a disclosure statement that a
75	local permitting agency must provide to property owners
76	who apply for building permits and claim certain
77	exemptions from provisions regulating construction
78	contracting; amending s. 489.105, F.S.; revising the term
79	"specialty contractor" to require that the scope of work
80	and responsibility of a specialty contractor be
81	established in a category of construction contracting
82	adopted by rule of the Construction Industry Licensing
83	Board; amending s. 489.109, F.S.; establishing fees for
84	registration or certification to qualify a business
85	organization for contracting; deleting provisions relating
86	to a business organization's certificate of authority to
87	conform to changes made by the act; amending s. 489.114,
88	F.S.; deleting provisions relating to a business
89	organization's certificate of authority to conform to
90	changes made by the act; amending s. 489.115, F.S.;
91	deleting provisions requiring construction contractor
92	certificateholders and registrants to complete a certain
93	core curriculum or pass an equivalency test of the Florida
94	Building Code Compliance and Mitigation Program; amending
95	s. 489.117, F.S.; revising requirements for the
96	registration of certain contractors; deleting provisions
97	requiring a contractor applicant to submit proof of a
98	local occupational license; specifying circumstances under
99	which a specialty contractor holding a local license is
100	not required to register with the board; deleting
101	provisions for the issuance of tracking registrations to
102	certain contractors who are not eligible for registration
103	as specialty contractors; limiting the licensing and
104	disciplinary actions that local jurisdictions must report
105	to the board to certain actions of registered contractors;
106	deleting provisions requiring the board to establish
107	uniform job scopes for any construction contracting
108	license category; amending s. 489.119, F.S.; deleting
109	provisions for the issuance of a certificate of authority
110	to a business organization for contracting; requiring a
111	contractor to apply for registration or certification to
112	qualify a business organization as the qualifying agent;
113	authorizing the board to deny a registration or
114	certification to qualify a business organization under
115	certain circumstances; providing application procedures
116	and requirements for the issuance of a business tax
117	receipt to a business organization; deleting provisions
118	for the issuance of an occupational license to a business
119	organization; authorizing a local government to impose
120	fines against certified or registered contractors under
121	certain circumstances; requiring the qualifying agent of a
122	business organization to present certain evidence to the
123	board; providing that the board has discretion to approve
124	a business organization; amending s. 489.127, F.S.;
125	deleting provisions relating to a business organization's
126	certificate of authority for contracting to conform to
127	changes made by the act; amending s. 489.128, F.S.;
128	revising the circumstances under which a person is
129	considered an unlicensed contractor; deleting provisions
130	relating to a business organization's certificate of
131	authority for contracting to conform to changes made by
132	the act; amending ss. 489.129 and 489.132, F.S.; deleting
133	provisions relating to a business organization's
134	certificate of authority for contracting to conform to
135	changes made by the act; amending s. 489.1455, F.S.;
136	deleting provisions requiring certain journeymen licensees
137	to complete a certain core curriculum or pass an
138	equivalency test of the Florida Building Code Compliance
139	and Mitigation Program; amending s. 489.505, F.S.;
140	revising the term "specialty contractor" to require that
141	the scope of practice of a specialty contractor be
142	established in a category of electrical or alarm system
143	contracting adopted by rule of the Electrical Contractors'
144	Licensing Board; amending s. 489.513, F.S.; deleting a
145	requirement that the local license required for an
146	electrical or alarm system contractor be an occupational
147	license; limiting the licensing and disciplinary actions
148	that local jurisdictions must report to the board to
149	certain actions of registered contractors; deleting
150	provisions requiring the board to establish uniform job
151	scopes for any electrical and alarm system contracting
152	license category; amending s. 489.516, F.S.; authorizing
153	local officials to require a contractor to obtain a
154	business tax receipt; deleting provisions requiring a
155	contractor to pay an occupational license fee; amending s.
156	489.517, F.S.; deleting provisions requiring electrical
157	and alarm system contractor certificateholders and
158	registrants to complete a certain core curriculum or pass
159	an equivalency test of the Florida Building Code
160	Compliance and Mitigation Program; amending s. 489.521,
161	F.S.; providing application procedures and requirements
162	for the issuance of a business tax receipt to a business
163	organization; deleting provisions for the issuance of an
164	occupational license to a business organization; amending
165	s. 489.5315, F.S.; specifying that certain electrical or
166	alarm system contractors are not required to obtain a
167	business tax receipt; deleting a provision exempting
168	certain contractors from requirements for an occupational
169	license to conform to changes made by the act; amending s.
170	489.532, F.S.; revising the circumstances under which a
171	person is considered an unlicensed electrical or alarm
172	system contractor; amending s. 489.537, F.S.; authorizing
173	a county or municipality to collect fees for business tax
174	receipts from electrical and alarm system contractors;
175	deleting a provision authorizing the collection of
176	occupational license fees; amending s. 509.233, F.S.;
177	authorizing local governments to establish, by ordinance,
178	local exemption procedures to allow patrons' dogs within
179	certain designated outdoor portions of public food service
180	establishments; deleting provisions for a pilot program
181	that limits the authority for such local exemption
182	procedures to a specified time; deleting a provision that
183	provides for the future review and repeal of such pilot
184	program; amending s. 548.002, F.S.; defining the term
185	"event" for regulation of pugilistic exhibitions; amending
186	s. 548.003, F.S.; authorizing the Florida State Boxing
187	Commission to adopt criteria for the approval of certain
188	amateur sanctioning organizations; authorizing the
189	commission to adopt health and safety standards for
190	amateur mixed martial arts; reenacting ss. 468.436(2)(a),
191	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
192	472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
193	476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
194	481.325(1)(a), F.S., relating to the discipline of
195	community association managers or firms, home inspectors,
196	mold assessors and remediators, engineers, surveyors and
197	mappers, certified public accountants and accounting
198	firms, real estate brokers and sales associates, real
199	estate appraisers, barbers, cosmetologists, architects,
200	and landscape architects, to incorporate the amendment
201	made to s. 455.227, F.S., in references thereto; repealing
202	s. 509.201, F.S., relating to posting and advertising the
203	room rates of a public lodging establishment and related
204	penalties; providing for retroactive application;
205	providing effective dates.
206
207	Be It Enacted by the Legislature of the State of Florida:
208
209	Section 1.  Subsection (1) of section 455.213, Florida
210	Statutes, is amended to read:
211	455.213  General licensing provisions.--
212	(1)  Any person desiring to be licensed shall apply to the
213	department in writing. The application for licensure shall be
214	submitted made on a form prescribed prepared and furnished by
215	the department and must include the applicant's social security
216	number. Notwithstanding any other provision of law, the
217	department is the sole authority for determining the contents of
218	any documents to be submitted for initial licensure and
219	licensure renewal. Such documents may contain information
220	including, as appropriate: demographics, education, work
221	history, personal background, criminal history, finances,
222	business information, complaints, inspections, investigations,
223	discipline, bonding, signature notarization, photographs,
224	performance periods, reciprocity, local government approvals,
225	supporting documentation, periodic reporting requirements,
226	fingerprint requirements, continuing education requirements, and
227	ongoing education monitoring. The application shall be
228	supplemented as needed to reflect any material change in any
229	circumstance or condition stated in the application which takes
230	place between the initial filing of the application and the
231	final grant or denial of the license and which might affect the
232	decision of the department. In order to further the economic
233	development goals of the state, and notwithstanding any law to
234	the contrary, the department may enter into an agreement with
235	the county tax collector for the purpose of appointing the
236	county tax collector as the department's agent to accept
237	applications for licenses and applications for renewals of
238	licenses. The agreement must specify the time within which the
239	tax collector must forward any applications and accompanying
240	application fees to the department. In cases where a person
241	applies or schedules directly with a national examination
242	organization or examination vendor to take an examination
243	required for licensure, any organization- or vendor-related fees
244	associated with the examination may be paid directly to the
245	organization or vendor. An application is received for purposes
246	of s. 120.60 upon the department's receipt of the application
247	submitted in the format prescribed by the department; the
248	application fee set by the board or, if there is no board, set
249	by the department; and any other fee required by law or rule to
250	be remitted with the application.
251	Section 2.  Paragraphs (t) and (u) are added to subsection
252	(1) of section 455.227, Florida Statutes, to read:
253	455.227  Grounds for discipline; penalties; enforcement.--
254	(1)  The following acts shall constitute grounds for which
255	the disciplinary actions specified in subsection (2) may be
256	taken:
257	(t)  Failing to report in writing to the board or, if there
258	is no board, to the department within 30 days after the licensee
259	is convicted or found guilty of, or entered a plea of nolo
260	contendere or guilty to, regardless of adjudication, a crime in
261	any jurisdiction. A licensee must report a conviction, finding
262	of guilt, plea, or adjudication entered before the effective
263	date of this paragraph within 30 days after the effective date
264	of this paragraph.
265	(u)  Termination from a treatment program for impaired
266	practitioners as described in s. 456.076 for failure to comply,
267	without good cause, with the terms of the monitoring or
268	treatment contract entered into by the licensee or failing to
269	successfully complete a drug or alcohol treatment program.
270	Section 3.  Section 455.2274, Florida Statutes, is created
271	to read:
272	455.2274  Criminal proceedings against licensees;
273	appearances by department representatives.--A representative of
274	the department may voluntarily appear in a criminal proceeding
275	brought against a person licensed by the department to practice
276	a profession regulated by the state. The department's
277	representative is authorized to furnish pertinent information,
278	make recommendations regarding specific conditions of probation,
279	and provide other assistance to the court necessary to promote
280	justice or protect the public. The court may order a
281	representative of the department to appear in a criminal
282	proceeding if the crime charged is substantially related to the
283	qualifications, functions, or duties of a license regulated by
284	the department.
285	Section 4.  Paragraph (i) of subsection (1) of section
286	468.402, Florida Statutes, is amended to read:
287	468.402  Duties of the department; authority to issue and
288	revoke license; adoption of rules.--
289	(1)  The department may take any one or more of the actions
290	specified in subsection (5) against any person who has:
291	(i)  Had a license to operate a talent agency revoked,
292	suspended, or otherwise acted against, including, but not
293	limited to, having been denied a license for good cause by the
294	licensing authority of any another state, territory, or country.
295	Section 5.  Subsection (1) of section 468.403, Florida
296	Statutes, is amended to read:
297	468.403  License requirements.--
298	(1)  A person may not own, operate, solicit business, or
299	otherwise engage in or carry on the occupation of a talent
300	agency in this state unless the such person first procures a
301	license for the talent agency from the department. However, A
302	license is not required for a person who acts as an agent for
303	herself or himself, a family member, or exclusively for one
304	artist. However, a person may not advertise or otherwise hold
305	herself or himself out as a "talent agency" or "talent agent"
306	unless the person is licensed under this section as a talent
307	agency.
308	Section 6.  Section 468.409, Florida Statutes, is amended
309	to read:
310	468.409  Records required to be kept.--Each talent agency
311	shall keep on file the application, registration, or contract of
312	each artist. In addition, such file must include the name and
313	address of each artist, the amount of the compensation received,
314	and all attempts to procure engagements for the artist. No such
315	agency or employee thereof shall knowingly make any false entry
316	in applicant files or receipt files. Each card or document in
317	such files shall be preserved for a period of 1 year after the
318	date of the last entry thereon. Records required under this
319	section shall be readily available for inspection by the
320	department during reasonable business hours at the talent
321	agency's principal office. A talent agency must provide the
322	department with true copies of the records in the manner
323	prescribed by the department.
324	Section 7.  Subsection (3) of section 468.410, Florida
325	Statutes, is amended to read:
326	468.410  Prohibition against registration fees; referral.--
327	(3)  A talent agency shall give each applicant a copy of a
328	contract, within 24 hours after the contract's execution, which
329	lists the services to be provided and the fees to be charged.
330	The contract shall state that the talent agency is regulated by
331	the department and shall list the address and telephone number
332	of the department.
333	Section 8.  Subsections (5) and (8) of section 468.412,
334	Florida Statutes, are amended, and subsection (11) is added to
335	that section, to read:
336	468.412  Talent agency regulations; prohibited acts.--
337	(5)(a)  No talent agency may knowingly issue a contract for
338	employment containing any term or condition which, if complied
339	with, would be in violation of law, or attempt to fill an order
340	for help to be employed in violation of law.
341	(b)  A talent agency must advise an artist, in writing,
342	that the artist has a right to rescind a contract for employment
343	within the first 3 business days after the contract's execution.
344	Any engagement procured by the talent agency for the artist
345	during the first 3 business days of the contract remains
346	commissionable to the talent agency.
347	(8)  No talent agency, without the written consent of the
348	artist, may divide fees with anyone, including, but not limited
349	to, an agent or other employee of an employer, a buyer, a
350	casting director, a producer, a director, or any venue that uses
351	entertainment. For purposes of this subsection, to "divide fees"
352	includes the sharing among two or more persons of those fees
353	charged to an artist for services performed on behalf of that
354	artist, the total amount of which fees exceeds the amount that
355	would have been charged to the artist by the talent agency
356	alone.
357	(11)  A talent agency may assign an engagement contract to
358	another talent agency licensed in this state only if the artist
359	agrees in writing to the assignment. The assignment must occur,
360	and written notice of the assignment must be given to the
361	artist, within 30 days after the artist agrees in writing to the
362	assignment.
363	Section 9.  Subsection (4) of section 468.413, Florida
364	Statutes, is amended to read:
365	468.413  Legal requirements; penalties.--
366	(4)  In the event the department or any state attorney
367	shall have probable cause to believe that a talent agency or
368	other person has violated any provision of subsection (1), an
369	action may be brought by the department or any state attorney to
370	enjoin such talent agency or any person from continuing such
371	violation, or engaging therein or doing any acts in furtherance
372	thereof, and for such other relief as to the court seems
373	appropriate. In addition to this remedy, the department may
374	assess a penalty against any talent agency or any person in an
375	amount not to exceed $5,000 $1,000.
376	Section 10.  Paragraph (d) of subsection (3) of section
377	468.609, Florida Statutes, is amended to read:
378	468.609  Administration of this part; standards for
379	certification; additional categories of certification.--
380	(3)  A person may take the examination for certification as
381	a building code administrator pursuant to this part if the
382	person:
383	(d)  After the building code training program is
384	established under s. 553.841, demonstrates successful completion
385	of the core curriculum approved by the Florida Building
386	Commission, appropriate to the licensing category sought.
387	Section 11.  Subsection (6) of section 468.627, Florida
388	Statutes, is amended to read:
389	468.627  Application; examination; renewal; fees.--
390	(6)  Each certificateholder shall provide to the board
391	proof of completion of the core curriculum courses of the
392	building code training program established by s. 553.841, within
393	2 years after commencement of the program. Each new
394	certificateholder shall provide to the board proof of completion
395	of the core curriculum courses of the building code training
396	program established in s. 553.841 within the first 2-year period
397	after initial licensure. Continuing education hours spent taking
398	such core curriculum courses shall count toward the number
399	required for license renewal.
400	Section 12.  Section 471.0195, Florida Statutes, is amended
401	to read:
402	471.0195  Florida Building Code training for
403	engineers.--All licensees actively participating in the design
404	of engineering works or systems in connection with buildings,
405	structures, or facilities and systems covered by the Florida
406	Building Code shall take continuing education courses and submit
407	proof to the board, at such times and in such manner as
408	established by the board by rule, that the licensee has
409	completed the core curriculum courses and any specialized or
410	advanced courses on any portion of the Florida Building Code
411	applicable to the licensee's area of practice or has passed the
412	appropriate equivalency test of the Building Code Training
413	Program as required by s. 553.841. The board shall record
414	reported continuing education courses on a system easily
415	accessed by code enforcement jurisdictions for evaluation when
416	determining license status for purposes of processing design
417	documents. Local jurisdictions shall be responsible for
418	notifying the board when design documents are submitted for
419	building construction permits by persons who are not in
420	compliance with this section. The board shall take appropriate
421	action as provided by its rules when such noncompliance is
422	determined to exist.
423	Section 13.  Section 473.305, Florida Statutes, is amended
424	to read:
425	473.305  Fees.--The board, by rule, may establish fees to
426	be paid for applications, examination, reexamination, licensing
427	and renewal, reinstatement, and recordmaking and recordkeeping.
428	The fee for the examination shall be established at an amount
429	that covers the costs for the procurement or development,
430	administration, grading, and review of the examination. The fee
431	for the examination is refundable if the applicant is found to
432	be ineligible to sit for the examination. The fee for initial
433	application is nonrefundable, and the combined fees for
434	application and examination may not exceed $250 plus the actual
435	per applicant cost to the department for purchase of the
436	examination from the American Institute of Certified Public
437	Accountants or a similar national organization. The biennial
438	renewal fee may not exceed $250. The board may also establish,
439	by rule, a reactivation fee, a late filing fee for the law and
440	rules examination, and a delinquency fee not to exceed $50 for
441	continuing professional education reporting forms. The board
442	shall establish fees which are adequate to ensure the continued
443	operation of the board and to fund the proportionate expenses
444	incurred by the department which are allocated to the regulation
445	of public accountants. Fees shall be based on department
446	estimates of the revenue required to implement this chapter and
447	the provisions of law with respect to the regulation of
448	certified public accountants.
449	Section 14.  Subsection (1) of section 473.311, Florida
450	Statutes, is amended to read:
451	473.311  Renewal of license.--
452	(1)  The department shall renew a license upon receipt of
453	the renewal application and fee and upon certification by the
454	board that the licensee has satisfactorily completed the
455	continuing education requirements of s. 473.312 and has passed
456	an examination approved by the board on chapter 455 and this
457	chapter and the related administrative rules. However, each
458	licensee must complete the requirements of s. 473.312(1)(c)
459	prior to taking the examination.
460	Section 15.  Subsection (3) of section 473.313, Florida
461	Statutes, is amended to read:
462	473.313  Inactive status.--
463	(3)  Any licensee holding an inactive license may be
464	permitted to reactivate such license in a conditional manner.
465	The conditions of reactivation shall require, in addition to the
466	payment of fees, the passing of the examination approved by the
467	board concerning chapter 455 and this chapter, and the related
468	administrative rules, and the completion of required continuing
469	education.
470	Section 16.  Paragraph (a) of subsection (1) of section
471	475.175, Florida Statutes, is amended to read:
472	475.175  Examinations.--
473	(1)  A person shall be entitled to take the license
474	examination to practice in this state if the person:
475	(a)  Submits to the department the appropriate notarized or
476	electronically authenticated application and fee, and a
477	fingerprint card. The fingerprint card shall be forwarded to the
478	Division of Criminal Justice Information Systems within the
479	Department of Law Enforcement for purposes of processing the
480	fingerprint card to determine if the applicant has a criminal
481	history record. The fingerprint card shall also be forwarded to
482	the Federal Bureau of Investigation for purposes of processing
483	the fingerprint card to determine if the applicant has a
484	criminal history record. The information obtained by the
485	processing of the fingerprint card by the Florida Department of
486	Law Enforcement and the Federal Bureau of Investigation shall be
487	sent to the department for the purpose of determining if the
488	applicant is statutorily qualified for examination. Effective
489	July 1, 2006, an applicant shall provide fingerprints in
490	electronic format.
491	Section 17.  Subsection (6) of section 475.451, Florida
492	Statutes, is amended to read:
493	475.451  Schools teaching real estate practice.--
494	(6)  Any course prescribed by the commission as a condition
495	precedent to any person's becoming initially licensed as a sales
496	associate may be taught in any real estate school through the
497	use of a video tape of instruction by a currently permitted
498	instructor from any such school or may be taught by distance
499	learning pursuant to s. 475.17(2). The commission may require
500	that any such video tape course have a single session of live
501	instruction by a currently permitted instructor from any such
502	school; however, this requirement shall not exceed 3 classroom
503	hours. All other prescribed courses, except the continuing
504	education course required by s. 475.182, shall be taught by a
505	currently permitted school instructor personally in attendance
506	at such course or by distance learning pursuant to s. 475.17.
507	The continuing education course required by s. 475.182 may be
508	taught by distance learning pursuant to s. 475.17 or by an
509	equivalent correspondence course; however, any such
510	correspondence course shall be required to have a final
511	examination, prepared and administered by the school issuing the
512	correspondence course. The continuing education requirements
513	provided in this section or provided in any other section in
514	this chapter do not apply with respect to an any attorney who is
515	otherwise qualified under the provisions of this chapter and who
516	is a member in good standing of The Florida Bar.
517	Section 18.  Subsection (5) of section 475.615, Florida
518	Statutes, is amended to read:
519	475.615  Qualifications for registration or
520	certification.--
521	(5)  At the time of filing an a notarized application for
522	registration or certification, the applicant must sign a pledge
523	to comply with the Uniform Standards of Professional Appraisal
524	Practice upon registration or certification and must indicate in
525	writing that she or he understands the types of misconduct for
526	which disciplinary proceedings may be initiated. The application
527	shall expire 1 year after the date received.
528	Section 19.  Subsection (1) of section 476.134, Florida
529	Statutes, is amended to read:
530	476.134  Examinations.--
531	(1)  Examinations of applicants for licenses as barbers
532	shall be offered not less than four times each year. The
533	examination of applicants for licenses as barbers shall may
534	include both a practical demonstration and a written test. The
535	board shall have the authority to adopt rules with respect to
536	the examination of applicants for licensure. The board may
537	provide rules with respect to written or practical examinations
538	in such manner as the board may deem fit.
539	Section 20.  Paragraph (b) of subsection (6) of section
540	476.144, Florida Statutes, is amended to read:
541	476.144  Licensure.--
542	(6)  A person may apply for a restricted license to
543	practice barbering. The board shall adopt rules specifying
544	procedures for an applicant to obtain a restricted license if
545	the applicant:
546	(b)  Passes a written examination on the laws and rules
547	governing the practice of barbering in Florida, as established
548	by the board, and a practical examination approved by the board.
549
550	The restricted license shall limit the licensee's practice to
551	those specific areas in which the applicant has demonstrated
552	competence pursuant to rules adopted by the board.
553	Section 21.  Subsection (6) of section 481.215, Florida
554	Statutes, is renumbered as subsection (5), and present
555	subsection (5) of that section is amended to read:
556	481.215  Renewal of license.--
557	(5)  Each licensee shall provide to the board proof of
558	completion of the core curriculum courses, or passing the
559	equivalency test of the Building Code Training Program
560	established by s. 553.841, within 2 years after commencement of
561	the program or after initial licensure, whichever is later.
562	Hours spent taking core curriculum courses shall count toward
563	the number required for license renewal. A licensee who passes
564	the equivalency test in lieu of taking the core curriculum
565	courses shall receive full credit for such core curriculum
566	course hours.
567	Section 22.  Subsection (6) of section 481.313, Florida
568	Statutes, is renumbered as subsection (5), and present
569	subsection (5) of that section is amended to read:
570	481.313  Renewal of license.--
571	(5)  Each licenseholder shall provide to the board proof of
572	completion of the core curriculum courses, or passing the
573	equivalency test of the Building Code Training Program
574	established by s. 553.841, within 2 years after commencement of
575	the program or of initial licensure, whichever is later. Hours
576	spent taking core curriculum courses shall count toward the
577	number required for license renewal. A licensee who passes the
578	equivalency test in lieu of taking the core curriculum courses
579	shall receive full credit for core curriculum course hours.
580	Section 23.  Subsection (7) of section 489.103, Florida
581	Statutes, is amended to read:
582	489.103  Exemptions.--This part does not apply to:
583	(7)  Owners of property when acting as their own contractor
584	and providing direct, onsite supervision themselves of all work
585	not performed by licensed contractors:
586	(a)  When building or improving farm outbuildings or one-
587	family or two-family residences on such property for the
588	occupancy or use of such owners and not offered for sale or
589	lease, or building or improving commercial buildings, at a cost
590	not to exceed $75,000, on such property for the occupancy or use
591	of such owners and not offered for sale or lease. In an action
592	brought under this part, proof of the sale or lease, or offering
593	for sale or lease, of any such structure by the owner-builder
594	within 1 year after completion of same creates a presumption
595	that the construction was undertaken for purposes of sale or
596	lease.
597	(b)  When repairing or replacing wood shakes or asphalt or
598	fiberglass shingles on one-family, two-family, or three-family
599	residences for the occupancy or use of such owner or tenant of
600	the owner and not offered for sale within 1 year after
601	completion of the work and when the property has been damaged by
602	natural causes from an event recognized as an emergency
603	situation designated by executive order issued by the Governor
604	declaring the existence of a state of emergency as a result and
605	consequence of a serious threat posed to the public health,
606	safety, and property in this state.
607
608	This subsection does not exempt any person who is employed by or
609	has a contract with such owner and who acts in the capacity of a
610	contractor. The owner may not delegate the owner's
611	responsibility to directly supervise all work to any other
612	person unless that person is registered or certified under this
613	part and the work being performed is within the scope of that
614	person's license. For the purposes of this subsection, the term
615	"owners of property" includes the owner of a mobile home
616	situated on a leased lot. To qualify for exemption under this
617	subsection, an owner must personally appear and sign the
618	building permit application and must satisfy local permitting
619	agency requirements, if any, proving that the owner has a
620	complete understanding of the owner's obligations under the law
621	as specified in the disclosure statement in this section. If any
622	person violates the requirements of this subsection, the local
623	permitting agency shall withhold final approval, revoke the
624	permit, or pursue any action or remedy for unlicensed activity
625	against the owner and any person performing work that requires
626	licensure under the permit issued. The local permitting agency
627	shall provide the person with a disclosure statement in
628	substantially the following form:
629
630	DISCLOSURE STATEMENT
631
632	1.  I understand that state law requires construction to
633	be done by a licensed contractor and have applied for an
634	owner-builder permit under an exemption from the law. The
635	exemption specifies that I, as the owner of the property
636	listed, may act as my own contractor with certain
637	restrictions even though I do not have a license.
638
639	2.  I understand that building permits are not required to
640	be signed by a property owner unless he or she is
641	responsible for the construction and is not hiring a
642	licensed contractor to assume responsibility.
643
644	3.  I understand that, as an owner-builder, I am the
645	responsible party of record on a permit. I understand that
646	I may protect myself from potential financial risk by
647	hiring a licensed contractor and having the permit filed
648	in his or her name instead of my own name. I also
649	understand that a contractor is required by law to be
650	licensed in Florida and to list his or her license numbers
651	on permits and contracts.
652
653	4.  I understand that I may build or improve a one-family
654	or two-family residence or a farm outbuilding. I may also
655	build or improve a commercial building if the costs do not
656	exceed $75,000. The building or residence must be for my
657	own use or occupancy. It may not be built or substantially
658	improved for sale or lease. If a building or residence
659	that I have built or substantially improved myself is sold
660	or leased within 1 year after the construction is
661	complete, the law will presume that I built or
662	substantially improved it for sale or lease, which
663	violates the exemption.
664
665	5.  I understand that, as the owner-builder, I must
666	provide direct, onsite supervision of the construction.
667
668	6.  I understand that I may not hire an unlicensed person
669	to act as my contractor or to supervise persons working on
670	my building or residence. It is my responsibility to
671	ensure that the persons whom I employ have the licenses
672	required by law and by county or municipal ordinance.
673
674	7.  I understand that it is a frequent practice of
675	unlicensed persons to have the property owner obtain an
676	owner-builder permit that erroneously implies that the
677	property owner is providing his or her own labor and
678	materials. I, as an owner-builder, may be held liable and
679	subjected to serious financial risk for any injuries
680	sustained by an unlicensed person or his or her employees
681	while working on my property. My homeowner's insurance may
682	not provide coverage for those injuries. I am willfully
683	acting as an owner-builder and am aware of the limits of
684	my insurance coverage for injuries to workers on my
685	property.
686
687	8.  I understand that I may not delegate the
688	responsibility for supervising work to a licensed
689	contractor who is not licensed to perform the work being
690	done. Any person working on my building who is not
691	licensed must work under my direct supervision and must be
692	employed by me, which means that I must comply with laws
693	requiring the withholding of federal income tax and social
694	security contributions under the Federal Insurance
695	Contributions Act (FICA) and must provide workers'
696	compensation for the employee. I understand that my
697	failure to follow these laws may subject me to serious
698	financial risk.
699
700	9.  I agree that, as the party legally and financially
701	responsible for this proposed construction activity, I
702	will abide by all applicable laws and requirements that
703	govern owner-builders as well as employers. I also
704	understand that the construction must comply with all
705	applicable laws, ordinances, building codes, and zoning
706	regulations.
707
708	10.  I understand that I may obtain more information
709	regarding my obligations as an employer from the Internal
710	Revenue Service, the United States Small Business
711	Administration, the Florida Department of Financial
712	Services, and the Florida Department of Revenue. I also
713	understand that I may contact the Florida Construction
714	Industry Licensing Board at ...(telephone number)... or
715	... (Internet website address)... for more information
716	about licensed contractors.
717
718	11.  I am aware of, and consent to, an owner-builder
719	building permit applied for in my name and understand that
720	I am the party legally and financially responsible for the
721	proposed construction activity at the following address:
722	...(address of property)....
723
724	12.  I agree to notify ...(issuer of disclosure
725	statements)... immediately of any additions, deletions, or
726	changes to any of the information that I have provided on
727	this disclosure.
728
729	Licensed contractors are regulated by laws designed to
730	protect the public. If you contract with a person who does
731	not have a license, the Construction Industry Licensing
732	Board and Department of Business and Professional
733	Regulation may be unable to assist you with any financial
734	loss that you sustain as a result of a complaint. Your
735	only remedy against an unlicensed contractor may be in
736	civil court. It is also important for you to understand
737	that, if an unlicensed contractor or employee of an
738	individual or firm is injured while working on your
739	property, you may be held liable for damages. If you
740	obtain an owner-builder permit and wish to hire a licensed
741	contractor, you will be responsible for verifying whether
742	the contractor is properly licensed and the status of the
743	contractor's workers' compensation coverage.
744
745	Before a building permit can be issued, this disclosure
746	statement must be completed and signed by the property
747	owner and returned to the local permitting agency
748	responsible for issuing the permit. A copy of the property
749	owner's driver license, the notarized signature of the
750	property owner, or other type of verification acceptable
751	to the local permitting agency is required when the permit
752	is issued.
753
754	Signature: ...(signature of property owner)....
755	Date: ...(date)....
756
757	State law requires construction to be done by licensed
758	contractors. You have applied for a permit under an exemption to
759	that law. The exemption allows you, as the owner of your
760	property, to act as your own contractor with certain
761	restrictions even though you do not have a license. You must
762	provide direct, onsite supervision of the construction yourself.
763	You may build or improve a one-family or two-family residence or
764	a farm outbuilding. You may also build or improve a commercial
765	building, provided your costs do not exceed $75,000. The
766	building or residence must be for your own use or occupancy. It
767	may not be built or substantially improved for sale or lease. If
768	you sell or lease a building you have built or substantially
769	improved yourself within 1 year after the construction is
770	complete, the law will presume that you built or substantially
771	improved it for sale or lease, which is a violation of this
772	exemption. You may not hire an unlicensed person to act as your
773	contractor or to supervise people working on your building. It
774	is your responsibility to make sure that people employed by you
775	have licenses required by state law and by county or municipal
776	licensing ordinances. You may not delegate the responsibility
777	for supervising work to a licensed contractor who is not
778	licensed to perform the work being done. Any person working on
779	your building who is not licensed must work under your direct
780	supervision and must be employed by you, which means that you
781	must deduct F.I.C.A. and withholding tax and provide workers'
782	compensation for that employee, all as prescribed by law. Your
783	construction must comply with all applicable laws, ordinances,
784	building codes, and zoning regulations.
785	Section 24.  Paragraph (q) of subsection (3) of section
786	489.105, Florida Statutes, is amended to read:
787	489.105  Definitions.--As used in this part:
788	(3)  "Contractor" means the person who is qualified for,
789	and shall only be responsible for, the project contracted for
790	and means, except as exempted in this part, the person who, for
791	compensation, undertakes to, submits a bid to, or does himself
792	or herself or by others construct, repair, alter, remodel, add
793	to, demolish, subtract from, or improve any building or
794	structure, including related improvements to real estate, for
795	others or for resale to others; and whose job scope is
796	substantially similar to the job scope described in one of the
797	subsequent paragraphs of this subsection. For the purposes of
798	regulation under this part, "demolish" applies only to
799	demolition of steel tanks over 50 feet in height; towers over 50
800	feet in height; other structures over 50 feet in height, other
801	than buildings or residences over three stories tall; and
802	buildings or residences over three stories tall. Contractors are
803	subdivided into two divisions, Division I, consisting of those
804	contractors defined in paragraphs (a)-(c), and Division II,
805	consisting of those contractors defined in paragraphs (d)-(q):
806	(q)  "Specialty contractor" means a contractor whose scope
807	of work and responsibility is limited to a particular phase of
808	construction established in a category adopted by board rule and
809	whose scope is limited to a subset of the activities described
810	in the categories established in one of the paragraphs of this
811	subsection.
812	Section 25.  Paragraph (d) of subsection (1) of section
813	489.109, Florida Statutes, is amended to read:
814	489.109  Fees.--
815	(1)  The board, by rule, shall establish reasonable fees to
816	be paid for applications, certification and renewal,
817	registration and renewal, and recordmaking and recordkeeping.
818	The fees shall be established as follows:
819	(d)  With respect to an application for registration or
820	certification to qualify a business organization, the initial
821	application fee and the renewal fee shall be $50 The board, by
822	rule, may establish a fee for transfer of a certificate of
823	authority from one business organization to another, not to
824	exceed the applicable renewal fee.
825	Section 26.  Section 489.114, Florida Statutes, is amended
826	to read:
827	489.114  Evidence of workers' compensation
828	coverage.--Except as provided in s. 489.115(5)(d), any person,
829	business organization, or qualifying agent engaged in the
830	business of contracting in this state and certified or
831	registered under this part shall, as a condition precedent to
832	the issuance or renewal of a certificate or, registration, or
833	certificate of authority of the contractor, provide to the
834	Construction Industry Licensing Board, as provided by board
835	rule, evidence of workers' compensation coverage pursuant to
836	chapter 440. In the event that the Division of Workers'
837	Compensation of the Department of Financial Services receives
838	notice of the cancellation of a policy of workers' compensation
839	insurance insuring a person or entity governed by this section,
840	the Division of Workers' Compensation shall certify and identify
841	all persons or entities by certification or registration license
842	number to the department after verification is made by the
843	Division of Workers' Compensation that persons or entities
844	governed by this section are no longer covered by workers'
845	compensation insurance. Such certification and verification by
846	the Division of Workers' Compensation may result from records
847	furnished to the Division of Workers' Compensation by the
848	persons or entities governed by this section or an investigation
849	completed by the Division of Workers' Compensation. The
850	department shall notify the persons or entities governed by this
851	section who have been determined to be in noncompliance with
852	chapter 440, and the persons or entities notified shall provide
853	certification of compliance with chapter 440 to the department
854	and pay an administrative fine in the amount of $500. The
855	failure to maintain workers' compensation coverage as required
856	by law shall be grounds for the board to revoke, suspend, or
857	deny the issuance or renewal of a certificate or, registration,
858	or certificate of authority of the contractor under the
859	provisions of s. 489.129.
860	Section 27.  Paragraph (b) of subsection (4) of section
861	489.115, Florida Statutes, is amended to read:
862	489.115  Certification and registration; endorsement;
863	reciprocity; renewals; continuing education.--
864	(4)
865	(b)1.  Each certificateholder or registrant shall provide
866	proof, in a form established by rule of the board, that the
867	certificateholder or registrant has completed at least 14
868	classroom hours of at least 50 minutes each of continuing
869	education courses during each biennium since the issuance or
870	renewal of the certificate or registration. The board shall
871	establish by rule that a portion of the required 14 hours must
872	deal with the subject of workers' compensation, business
873	practices, workplace safety, and, for applicable licensure
874	categories, wind mitigation methodologies, and 1 hour of which
875	must deal with laws and rules. The board shall by rule establish
876	criteria for the approval of continuing education courses and
877	providers, including requirements relating to the content of
878	courses and standards for approval of providers, and may by rule
879	establish criteria for accepting alternative nonclassroom
880	continuing education on an hour-for-hour basis. The board shall
881	prescribe by rule the continuing education, if any, which is
882	required during the first biennium of initial licensure. A
883	person who has been licensed for less than an entire biennium
884	must not be required to complete the full 14 hours of continuing
885	education.
886	2.  In addition, the board may approve specialized
887	continuing education courses on compliance with the wind
888	resistance provisions for one and two family dwellings contained
889	in the Florida Building Code and any alternate methodologies for
890	providing such wind resistance which have been approved for use
891	by the Florida Building Commission. Division I
892	certificateholders or registrants who demonstrate proficiency
893	upon completion of such specialized courses may certify plans
894	and specifications for one and two family dwellings to be in
895	compliance with the code or alternate methodologies, as
896	appropriate, except for dwellings located in floodways or
897	coastal hazard areas as defined in ss. 60.3D and E of the
898	National Flood Insurance Program.
899	3.  Each certificateholder or registrant shall provide to
900	the board proof of completion of the core curriculum courses, or
901	passing the equivalency test of the Building Code Training
902	Program established under s. 553.841, specific to the licensing
903	category sought, within 2 years after commencement of the
904	program or of initial certification or registration, whichever
905	is later. Classroom hours spent taking core curriculum courses
906	shall count toward the number required for renewal of
907	certificates or registration. A certificateholder or registrant
908	who passes the equivalency test in lieu of taking the core
909	curriculum courses shall receive full credit for core curriculum
910	course hours.
911	3.4.  The board shall require, by rule adopted pursuant to
912	ss. 120.536(1) and 120.54, a specified number of hours in
913	specialized or advanced module courses, approved by the Florida
914	Building Commission, on any portion of the Florida Building
915	Code, adopted pursuant to part IV of chapter 553, relating to
916	the contractor's respective discipline.
917	Section 28.  Paragraph (a) of subsection (1) and
918	subsections (4) and (5) of section 489.117, Florida Statutes,
919	are amended to read:
920	489.117  Registration; specialty contractors.--
921	(1)(a)  Any person engaged in the business of a contractor
922	as defined in s. 489.105(3)(a)-(o) must in the state shall be
923	registered in the proper classification, unless he or she is
924	certified. Any person entering the business of a contractor
925	shall be registered before prior to engaging in business as a
926	contractor in this state, unless he or she is certified. To be
927	initially registered, the applicant shall submit the required
928	fee and file evidence, in a form provided by the department, of
929	holding a current local occupational license required by any
930	municipality, county, or development district, if any, for the
931	type of work for which registration is desired and evidence of
932	successful compliance with the local examination and licensing
933	requirements, if any, in the area for which registration is
934	desired. An No examination is not shall be required for
935	registration.
936	(4)(a)  A person holding a local license whose job scope
937	does not substantially correspond to either the job scope of one
938	of the contractor categories defined in s. 489.105(3)(a)-(o), or
939	the job scope of one of the certified specialty contractor
940	categories previously established by board rule as of the
941	effective date of this provision, is shall not be required to
942	register with the board to perform contracting activities within
943	the scope of such specialty license.
944	(b)  A local jurisdiction may require an individual holding
945	a local specialty contractor license in a category which
946	pursuant to paragraph (a) does not permit registration to obtain
947	a tracking registration from the board, provided that the board
948	has established by rule that the activities which comprise the
949	job scope of the local specialty contractor license involve
950	lifesafety considerations and a significant potential danger to
951	the consumer.
952	(b)(c)  The local jurisdictions are shall be responsible
953	for providing the following information to the board within 30
954	days after licensure of, or any disciplinary action against, a
955	locally licensed contractor who is registered under this part:
956	1.  Licensure information.,
957	2.  Code violation information pursuant to s. 553.781., and
958	3.  Disciplinary information. on locally licensed
959	individuals to the board within 30 days after licensure or any
960	disciplinary action, and
961
962	The board shall maintain such licensure and disciplinary
963	information as it is provided to the board them, and shall make
964	the such information available through the automated information
965	system provided pursuant to s. 455.2286. The biennial tracking
966	registration fee shall not exceed $40.
967	(c)(d)  Neither the board nor the department assumes any
968	responsibility for providing discipline pursuant to having
969	provided the tracking registration. Providing discipline to such
970	locally licensed contractors is individuals shall be the
971	responsibility of the local jurisdiction. Failure to obtain a
972	tracking registration shall not be considered a violation of
973	this chapter; however, a local jurisdiction requiring such
974	tracking registration may levy such penalties for failure to
975	obtain the tracking registration as it chooses to provide
976	through local ordinance.
977	(d)(e)  Any person who is not required to obtain
978	registration or certification pursuant to s. 489.105(3)(d)-(o)
979	may perform specialty contracting services for the construction,
980	remodeling, repair, or improvement of single-family residences,
981	including a townhouse as defined in the Florida Building Code,
982	without obtaining a local professional license if such person is
983	under the supervision of a certified or registered general,
984	building, or residential contractor. As used in this paragraph,
985	supervision shall not be deemed to require the existence of a
986	direct contract between the certified or registered general,
987	building, or residential contractor and the person performing
988	specialty contracting services.
989	(5)  In order to establish uniformity among the job scopes
990	established by local jurisdictions, the board shall, by rule,
991	establish the job scope for any licensure category registered by
992	the board under this part. The board shall not arbitrarily limit
993	such scopes and shall restrict the job scopes only to the
994	minimum extent necessary to ensure uniformity.
995	Section 29.  Section 489.119, Florida Statutes, is amended
996	to read:
997	489.119  Business organizations; qualifying agents.--
998	(1)  If an individual proposes to engage in contracting in
999	the individual's own name, or a fictitious name where the
1000	individual is doing business as a sole proprietorship,
1001	registration or certification may be issued only to that
1002	individual.
1003	(2)  If the applicant proposes to engage in contracting as
1004	a business organization, including any partnership, corporation,
1005	business trust, or other legal entity, or in any name other than
1006	the applicant's legal name or a fictitious name where the
1007	applicant is doing business as a sole proprietorship, the
1008	applicant business organization must apply for registration or
1009	certification as the for a certificate of authority through a
1010	qualifying agent of the business organization and under the
1011	fictitious name, if any.
1012	(a)  An The application for registration or certification
1013	to qualify a business organization a certificate of authority
1014	must state the name of the partnership and of its partners; the
1015	name of the corporation and of its officers and directors and
1016	the name of each of its stockholders who is also an officer or
1017	director; the name of the business trust and its trustees; or
1018	the name of such other legal entity and its members; and must
1019	state the fictitious name, if any, under which the business
1020	organization is doing business.
1021	(b)1.  An The application for registration or certification
1022	to qualify a business organization primary qualifying agent must
1023	include an affidavit on a form provided by the board attesting
1024	that the applicant has final approval authority for all
1025	construction work performed by the business organization entity
1026	and that the applicant has final approval authority on all
1027	business matters, including contracts, specifications, checks,
1028	drafts, or payments, regardless of the form of payment, made by
1029	the business organization entity, except where a financially
1030	responsible officer is approved.
1031	2.  The application for financially responsible officer
1032	must include an affidavit on a form provided by the board
1033	attesting that the applicant's approval is required for all
1034	checks, drafts, or payments, regardless of the form of payment,
1035	made by the business organization entity and that the applicant
1036	has authority to act for the business organization in all
1037	financial matters.
1038	3.  The application for secondary qualifying agent must
1039	include an affidavit on a form provided by the board attesting
1040	that the applicant has authority to supervise all construction
1041	work performed by the business organization entity as provided
1042	in s. 489.1195(2).
1043	(c)  The board may deny an application for registration or
1044	certification to qualify a business organization if the
1045	applicant, or any person listed in paragraph (a), has been
1046	involved in past disciplinary actions or on any grounds for
1047	which an individual registration or certification may be denied.
1048	(d)(b)  The applicant must furnish evidence of statutory
1049	compliance if a fictitious name is used, the provisions of s.
1050	865.09(7) notwithstanding.
1051	(e)(c)  A joint venture, including a joint venture composed
1052	of qualified business organizations, is itself a separate and
1053	distinct organization that must be qualified and obtain a
1054	certificate of authority in accordance with board rules.
1055	(d)  A certificate of authority must be renewed every 2
1056	years. If there is a change in any information that is required
1057	to be stated on the application, the business organization
1058	shall, within 45 days after such change occurs, mail the correct
1059	information to the department.
1060	(3)(a)  A The qualifying agent must shall be certified or
1061	registered under this part in order for the business
1062	organization to operate be issued a certificate of authority in
1063	the category of contracting in the business conducted for which
1064	the qualifying agent is certified or registered. If any
1065	qualifying agent ceases to be affiliated with a such business
1066	organization, he or she shall so inform the department. In
1067	addition, if the such qualifying agent is the only certified or
1068	registered contractor affiliated with the business organization,
1069	the business organization shall notify the department of the
1070	termination of the qualifying agent and shall have 60 days from
1071	the termination of the qualifying agent's affiliation with the
1072	business organization in which to employ another qualifying
1073	agent. The business organization may not engage in contracting
1074	until a qualifying agent is employed, unless the executive
1075	director or chair of the board has granted a temporary
1076	nonrenewable certificate or registration to the financially
1077	responsible officer, the president, a partner, or, in the case
1078	of a limited partnership, the general partner, who assumes all
1079	responsibilities of a primary qualifying agent for the business
1080	organization entity. This temporary certificate or registration
1081	shall only allow the business organization entity to proceed
1082	with incomplete contracts. For the purposes of this paragraph,
1083	an incomplete contract is one which has been awarded to, or
1084	entered into by, the business organization prior to the
1085	cessation of affiliation of the qualifying agent with the
1086	business organization or one on which the business organization
1087	was the low bidder and the contract is subsequently awarded,
1088	regardless of whether any actual work has commenced under the
1089	contract prior to the qualifying agent ceasing to be affiliated
1090	with the business organization.
1091	(b)  The qualifying agent shall inform the department in
1092	writing when he or she proposes to engage in contracting in his
1093	or her own name or in affiliation with another business
1094	organization, and he or she or such new business organization
1095	shall supply the same information to the department as required
1096	of applicants under this part.
1097	(c)  Upon a favorable determination by the board, after
1098	investigation of the financial responsibility, credit, and
1099	business reputation of the qualifying agent and the new business
1100	organization, the department shall issue, without an
1101	examination, a new certificate of authority in the business
1102	organization's name.
1103	(4)  Disciplinary action against a business organization
1104	holding a certificate of authority shall be administered in the
1105	same manner and on the same grounds as disciplinary action
1106	against a contractor. The board may deny the certification of
1107	any person cited in subsection (2) if the person has been
1108	involved in past disciplinary actions or on any grounds for
1109	which individual certification can be denied.
1110	(4)(5)  When a certified qualifying agent, on behalf of a
1111	business organization, makes application for a business tax
1112	receipt an occupational license in any municipality or county of
1113	this state, the application shall be made with the tax collector
1114	in the name of the business organization and the qualifying
1115	agent; and the license, when issued, shall be issued to the
1116	business organization, upon payment of the appropriate licensing
1117	fee and exhibition to the tax collector of a valid certificate
1118	for the qualifying agent and a valid certificate of authority
1119	for the business organization issued by the department, and the
1120	state license numbers shall be noted thereon.
1121	(5)(6)(a)  Each registered or certified contractor shall
1122	affix the number of his or her registration or certification to
1123	each application for a building permit and on each building
1124	permit issued and recorded. Each city or county building
1125	department shall require, as a precondition for the issuance of
1126	the building permit, that the contractor taking out the permit
1127	must provide verification giving his or her Construction
1128	Industry Licensing Board registration or certification number.
1129	(b)  The registration or certification number of each
1130	contractor or certificate of authority number for each business
1131	organization shall appear in each offer of services, business
1132	proposal, bid, contract, or advertisement, regardless of medium,
1133	as defined by board rule, used by that contractor or business
1134	organization in the practice of contracting.
1135	(c)  If a vehicle bears the name of a contractor or
1136	business organization, or any text or artwork which would lead a
1137	reasonable person to believe that the vehicle is used for
1138	contracting, the registration or certification number of the
1139	contractor or certificate of authority number of the business
1140	organization must be conspicuously and legibly displayed with
1141	the name, text, or artwork. Local governments may also require
1142	that locally licensed contractors must also display their
1143	certificate of competency or license numbers. Nothing in this
1144	paragraph shall be construed to create a mandatory vehicle
1145	signage requirement.
1146	(d)  For the purposes of this part, the term
1147	"advertisement" does not include business stationery or any
1148	promotional novelties such as balloons, pencils, trinkets, or
1149	articles of clothing.
1150	(e)  The board shall issue a notice of noncompliance for
1151	the first offense, and may assess a fine or issue a citation for
1152	failure to correct the offense within 30 days or for any
1153	subsequent offense, to any contractor or business organization
1154	that fails to include the certification or, registration, or
1155	certificate of authority number as required by this part when
1156	submitting an advertisement for publication, broadcast, or
1157	printing or fails to display the certification or, registration,
1158	or certificate of authority number as required by this part.
1159	(f)  In addition to any other penalty prescribed by law, a
1160	local government may impose a civil fine pursuant to s.
1161	489.127(5) against a person who is not certified or registered
1162	under this part if the person:
1163	1.  Claims to be licensed in any offer of services,
1164	business proposal, bid, contract, or advertisement, but who does
1165	not possess a valid competency-based license issued by a local
1166	government in this state to perform the specified construction
1167	services; or
1168	2.  Claims to be insured in any offer of services, business
1169	proposal, bid, contract, or advertisement, but whose performance
1170	of the subject work is not covered by a general liability or
1171	workers' compensation insurance policy.
1172	(6)(7)  Each qualifying agent shall pay the department an
1173	amount equal to the original fee for registration or
1174	certification to qualify a certificate of authority of a new
1175	business organization. If the qualifying agent for a business
1176	organization desires to qualify additional business
1177	organizations, the board shall require the qualifying agent him
1178	or her to present evidence of his or her ability to supervise
1179	the construction activities and financial responsibility of each
1180	such organization. Approval of each business organization The
1181	issuance of such certificate of authority is discretionary with
1182	the board.
1183	(7)(8)(a)  A business organization proposing to engage in
1184	contracting is not required to apply for or obtain authorization
1185	under this part to engage in contracting if:
1186	1.  The business organization employs one or more
1187	registered or certified contractors licensed in accordance with
1188	this part who are responsible for obtaining permits and
1189	supervising all of the business organization's contracting
1190	activities;
1191	2.  The business organization engages only in contracting
1192	on property owned by the business organization or by its parent,
1193	subsidiary, or affiliated entities; and
1194	3.  The business organization, or its parent entity if the
1195	business organization is a wholly owned subsidiary, maintains a
1196	minimum net worth of $20 million.
1197	(b)  Any business organization engaging in contracting
1198	under this subsection shall provide the board with the name and
1199	license number of each registered or certified contractor
1200	employed by the business organization to supervise its
1201	contracting activities. The business organization is not
1202	required to post a bond or otherwise evidence any financial or
1203	credit information except as necessary to demonstrate compliance
1204	with paragraph (a).
1205	(c)  A registered or certified contractor employed by a
1206	business organization to supervise its contracting activities
1207	under this subsection shall not be required to post a bond or
1208	otherwise evidence any personal financial or credit information
1209	so long as the individual performs contracting activities
1210	exclusively on behalf of a business organization meeting all of
1211	the requirements of paragraph (a).
1212	Section 30.  Subsection (1) of section 489.127, Florida
1213	Statutes, is amended to read:
1214	489.127  Prohibitions; penalties.--
1215	(1)  No person shall:
1216	(a)  Falsely hold himself or herself or a business
1217	organization out as a licensee, certificateholder, or
1218	registrant;
1219	(b)  Falsely impersonate a certificateholder or registrant;
1220	(c)  Present as his or her own the certificate or,
1221	registration, or certificate of authority of another;
1222	(d)  Knowingly give false or forged evidence to the board
1223	or a member thereof;
1224	(e)  Use or attempt to use a certificate or, registration
1225	that, or certificate of authority which has been suspended or
1226	revoked;
1227	(f)  Engage in the business or act in the capacity of a
1228	contractor or advertise himself or herself or a business
1229	organization as available to engage in the business or act in
1230	the capacity of a contractor without being duly registered or
1231	certified or having a certificate of authority;
1232	(g)  Operate a business organization engaged in contracting
1233	after 60 days following the termination of its only qualifying
1234	agent without designating another primary qualifying agent,
1235	except as provided in ss. 489.119 and 489.1195;
1236	(h)  Commence or perform work for which a building permit
1237	is required pursuant to part IV of chapter 553 without such
1238	building permit being in effect; or
1239	(i)  Willfully or deliberately disregard or violate any
1240	municipal or county ordinance relating to uncertified or
1241	unregistered contractors.
1242
1243	For purposes of this subsection, a person or business
1244	organization operating on an inactive or suspended certificate
1245	or, registration, or certificate of authority is not duly
1246	certified or registered and is considered unlicensed. A business
1247	tax receipt issued under the authority of chapter 205 is not a
1248	license for purposes of this part.
1249	Section 31.  Effective upon this act becoming a law,
1250	paragraph (a) of subsection (1) of section 489.128, Florida
1251	Statutes, is amended to read:
1252	489.128  Contracts entered into by unlicensed contractors
1253	unenforceable.--
1254	(1)  As a matter of public policy, contracts entered into
1255	on or after October 1, 1990, by an unlicensed contractor shall
1256	be unenforceable in law or in equity by the unlicensed
1257	contractor.
1258	(a)  For purposes of this section, an individual is
1259	unlicensed if the individual does not have a license required by
1260	this part concerning the scope of the work to be performed under
1261	the contract. A business organization is unlicensed if the
1262	business organization does not have a primary or secondary
1263	qualifying agent in accordance with this part concerning the
1264	scope of the work to be performed under the contract. For
1265	purposes of this section, if a no state or local license is not
1266	required for the scope of work to be performed under the
1267	contract, the individual performing that work is shall not be
1268	considered unlicensed.
1269	Section 32.  Paragraph (b) of subsection (1) of section
1270	489.128, Florida Statutes, is amended to read:
1271	489.128  Contracts entered into by unlicensed contractors
1272	unenforceable.--
1273	(1)  As a matter of public policy, contracts entered into
1274	on or after October 1, 1990, by an unlicensed contractor shall
1275	be unenforceable in law or in equity by the unlicensed
1276	contractor.
1277	(b)  For purposes of this section, an individual or
1278	business organization may not be considered unlicensed for
1279	failing to have a business tax receipt issued under the
1280	authority of chapter 205. A business organization may not be
1281	considered unlicensed for failing to have a certificate of
1282	authority as required by ss. 489.119 and 489.127. For purposes
1283	of this section, a business organization entering into the
1284	contract may not be considered unlicensed if, before the date
1285	established by paragraph (c), an individual possessing a license
1286	required by this part concerning the scope of the work to be
1287	performed under the contract has submitted an application for a
1288	certificate of authority designating that individual as a
1289	qualifying agent for the business organization entering into the
1290	contract, and the application was not acted upon by the
1291	department or applicable board within the time limitations
1292	imposed by s. 120.60.
1293	Section 33.  Subsections (1), (5), and (7) of section
1294	489.129, Florida Statutes, are amended to read:
1295	489.129  Disciplinary proceedings.--
1296	(1)  The board may take any of the following actions
1297	against any certificateholder or registrant: place on probation
1298	or reprimand the licensee, revoke, suspend, or deny the issuance
1299	or renewal of the certificate or, registration, or certificate
1300	of authority, require financial restitution to a consumer for
1301	financial harm directly related to a violation of a provision of
1302	this part, impose an administrative fine not to exceed $10,000
1303	per violation, require continuing education, or assess costs
1304	associated with investigation and prosecution, if the
1305	contractor, financially responsible officer, or business
1306	organization for which the contractor is a primary qualifying
1307	agent, a financially responsible officer, or a secondary
1308	qualifying agent responsible under s. 489.1195 is found guilty
1309	of any of the following acts:
1310	(a)  Obtaining a certificate or, registration, or
1311	certificate of authority by fraud or misrepresentation.
1312	(b)  Being convicted or found guilty of, or entering a plea
1313	of nolo contendere to, regardless of adjudication, a crime in
1314	any jurisdiction which directly relates to the practice of
1315	contracting or the ability to practice contracting.
1316	(c)  Violating any provision of chapter 455.
1317	(d)  Performing any act which assists a person or entity in
1318	engaging in the prohibited uncertified and unregistered practice
1319	of contracting, if the certificateholder or registrant knows or
1320	has reasonable grounds to know that the person or entity was
1321	uncertified and unregistered.
1322	(e)  Knowingly combining or conspiring with an uncertified
1323	or unregistered person by allowing his or her certificate or,
1324	registration, or certificate of authority to be used by the
1325	uncertified or unregistered person with intent to evade the
1326	provisions of this part. When a certificateholder or registrant
1327	allows his or her certificate or registration to be used by one
1328	or more business organizations without having any active
1329	participation in the operations, management, or control of such
1330	business organizations, such act constitutes prima facie
1331	evidence of an intent to evade the provisions of this part.
1332	(f)  Acting in the capacity of a contractor under any
1333	certificate or registration issued hereunder except in the name
1334	of the certificateholder or registrant as set forth on the
1335	issued certificate or registration, or in accordance with the
1336	personnel of the certificateholder or registrant as set forth in
1337	the application for the certificate or registration, or as later
1338	changed as provided in this part.
1339	(g)  Committing mismanagement or misconduct in the practice
1340	of contracting that causes financial harm to a customer.
1341	Financial mismanagement or misconduct occurs when:
1342	1.  Valid liens have been recorded against the property of
1343	a contractor's customer for supplies or services ordered by the
1344	contractor for the customer's job; the contractor has received
1345	funds from the customer to pay for the supplies or services; and
1346	the contractor has not had the liens removed from the property,
1347	by payment or by bond, within 75 days after the date of such
1348	liens;
1349	2.  The contractor has abandoned a customer's job and the
1350	percentage of completion is less than the percentage of the
1351	total contract price paid to the contractor as of the time of
1352	abandonment, unless the contractor is entitled to retain such
1353	funds under the terms of the contract or refunds the excess
1354	funds within 30 days after the date the job is abandoned; or
1355	3.  The contractor's job has been completed, and it is
1356	shown that the customer has had to pay more for the contracted
1357	job than the original contract price, as adjusted for subsequent
1358	change orders, unless such increase in cost was the result of
1359	circumstances beyond the control of the contractor, was the
1360	result of circumstances caused by the customer, or was otherwise
1361	permitted by the terms of the contract between the contractor
1362	and the customer.
1363	(h)  Being disciplined by any municipality or county for an
1364	act or violation of this part.
1365	(i)  Failing in any material respect to comply with the
1366	provisions of this part or violating a rule or lawful order of
1367	the board.
1368	(j)  Abandoning a construction project in which the
1369	contractor is engaged or under contract as a contractor. A
1370	project may be presumed abandoned after 90 days if the
1371	contractor terminates the project without just cause or without
1372	proper notification to the owner, including the reason for
1373	termination, or fails to perform work without just cause for 90
1374	consecutive days.
1375	(k)  Signing a statement with respect to a project or
1376	contract falsely indicating that the work is bonded; falsely
1377	indicating that payment has been made for all subcontracted
1378	work, labor, and materials which results in a financial loss to
1379	the owner, purchaser, or contractor; or falsely indicating that
1380	workers' compensation and public liability insurance are
1381	provided.
1382	(l)  Committing fraud or deceit in the practice of
1383	contracting.
1384	(m)  Committing incompetency or misconduct in the practice
1385	of contracting.
1386	(n)  Committing gross negligence, repeated negligence, or
1387	negligence resulting in a significant danger to life or
1388	property.
1389	(o)  Proceeding on any job without obtaining applicable
1390	local building department permits and inspections.
1391	(p)  Intimidating, threatening, coercing, or otherwise
1392	discouraging the service of a notice to owner under part I of
1393	chapter 713 or a notice to contractor under chapter 255 or part
1394	I of chapter 713.
1395	(q)  Failing to satisfy within a reasonable time, the terms
1396	of a civil judgment obtained against the licensee, or the
1397	business organization qualified by the licensee, relating to the
1398	practice of the licensee's profession.
1399
1400	For the purposes of this subsection, construction is considered
1401	to be commenced when the contract is executed and the contractor
1402	has accepted funds from the customer or lender. A contractor
1403	does not commit a violation of this subsection when the
1404	contractor relies on a building code interpretation rendered by
1405	a building official or person authorized by s. 553.80 to enforce
1406	the building code, absent a finding of fraud or deceit in the
1407	practice of contracting, or gross negligence, repeated
1408	negligence, or negligence resulting in a significant danger to
1409	life or property on the part of the building official, in a
1410	proceeding under chapter 120.
1411	(5)  The board may not reinstate the certification or,
1412	registration, or certificate of authority of, or cause a
1413	certificate or, registration, or certificate of authority to be
1414	issued to, a person who or business organization which the board
1415	has determined is unqualified or whose certificate or,
1416	registration, or certificate of authority the board has
1417	suspended until it is satisfied that such person or business
1418	organization has complied with all the terms and conditions set
1419	forth in the final order and is capable of competently engaging
1420	in the business of contracting.
1421	(7)  The board shall not issue or renew a certificate or,
1422	registration, or certificate of authority to any person or
1423	business organization that has been assessed a fine, interest,
1424	or costs associated with investigation and prosecution, or has
1425	been ordered to pay restitution, until such fine, interest, or
1426	costs associated with investigation and prosecution or
1427	restitution are paid in full or until all terms and conditions
1428	of the final order have been satisfied.
1429	Section 34.  Subsection (5) of section 489.132, Florida
1430	Statutes, is amended to read:
1431	489.132  Prohibited acts by unlicensed principals;
1432	investigation; hearing; penalties.--
1433	(5)  The department may suspend, revoke, or deny issuance
1434	or renewal of a certificate or, registration, or certificate of
1435	authority for any individual or business organization that
1436	associates a person as an officer, director, or partner, or in a
1437	managerial or supervisory capacity, after such person has been
1438	found under a final order to have violated this section or was
1439	an officer, director, partner, trustee, or manager of a business
1440	organization disciplined by the board by revocation, suspension,
1441	or fine in excess of $2,500, upon finding reasonable cause that
1442	such person knew or reasonably should have known of the conduct
1443	leading to the discipline.
1444	Section 35.  Subsection (1) of section 489.1455, Florida
1445	Statutes, is amended to read:
1446	489.1455  Journeyman; reciprocity; standards.--
1447	(1)  An individual who holds a valid, active journeyman
1448	license in the plumbing/pipe fitting, mechanical, or HVAC trades
1449	issued by any county or municipality in this state may work as a
1450	journeyman in the trade in which he or she is licensed in any
1451	county or municipality of this state without taking an
1452	additional examination or paying an additional license fee, if
1453	he or she:
1454	(a)  Has scored at least 70 percent, or after October 1,
1455	1997, at least 75 percent, on a proctored journeyman Block and
1456	Associates examination or other proctored examination approved
1457	by the board for the trade in which he or she is licensed;
1458	(b)  Has completed an apprenticeship program registered
1459	with the Department of Labor and Employment Security and
1460	demonstrates 4 years' verifiable practical experience in the
1461	trade for which he or she is licensed, or demonstrates 6 years'
1462	verifiable practical experience in the trade for which he or she
1463	is licensed;
1464	(c)  Has satisfactorily completed specialized and advanced
1465	module coursework approved by the Florida Building Commission,
1466	as part of the Building Code Training Program established in s.
1467	553.841, specific to the discipline, and successfully completed
1468	the program's core curriculum courses or passed an equivalency
1469	test in lieu of taking the core curriculum courses and provided
1470	proof of completion of such curriculum courses or examination
1471	and obtained a certificate from the board pursuant to this part
1472	or, pursuant to authorization by the certifying authority,
1473	provides proof of completion of such curriculum or coursework
1474	within 6 months after such certification; and
1475	(d)  Has not had a license suspended or revoked within the
1476	last 5 years.
1477	Section 36.  Subsection (19) of section 489.505, Florida
1478	Statutes, is amended to read:
1479	489.505  Definitions.--As used in this part:
1480	(19)  "Specialty contractor" means a contractor whose scope
1481	of practice is limited to a specific segment of electrical or
1482	alarm system contracting established in a category adopted by
1483	board rule, including, but not limited to, residential
1484	electrical contracting, maintenance of electrical fixtures, and
1485	fabrication, erection, installation, and maintenance of
1486	electrical advertising signs together with the interrelated
1487	parts and supports thereof. Categories of specialty contractor
1488	shall be established by board rule.
1489	Section 37.  Subsections (5), (6), and (7) of section
1490	489.513, Florida Statutes, are amended to read:
1491	489.513  Registration; application; requirements.--
1492	(5)  Registration permits the registrant to engage in
1493	contracting only in the area and for the type of work covered by
1494	the registration, unless local licenses are issued for other
1495	areas and types of work or unless certification is obtained.
1496	When a registrant desires to register in an additional area of
1497	the state, he or she shall first comply with any local
1498	requirements of that area and then file a request with the
1499	department, together with evidence of holding a current
1500	occupational license or license issued by the county or
1501	municipality for the area or areas in which he or she desires to
1502	be registered, whereupon his or her evidence of registration
1503	shall be endorsed by the department to reflect valid
1504	registration for the new area or areas.
1505	(6)  The local jurisdictions are shall be responsible for
1506	providing the following information to the board within 30 days
1507	after licensure of, or any disciplinary action against, a
1508	locally licensed contractor who is registered under this part:
1509	(a)  Licensure information.,
1510	(b)  Code violation information pursuant to s. 553.781.,
1511	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 38.  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 39.  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 40.  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 41.  Section 489.5315, Florida Statutes, is amended
1597	to read:
1598	489.5315  Proprietary electrical or alarm
1599	contractors.--Businesses that obtain an electrical or burglar
1600	alarm system license to work only on their own equipment, and
1601	that do not offer electrical or alarm contracting services to
1602	the public, are not electrical or burglar alarm system
1603	contracting businesses and do not have to obtain a business tax
1604	receipt an occupational license in addition to any they are
1605	otherwise required to have.
1606	Section 42.  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
1612	on or after October 1, 1990, by an unlicensed contractor shall
1613	be unenforceable in law or in equity by the unlicensed
1614	contractor.
1615	(a)  For purposes of this section, an individual is
1616	unlicensed if the individual does not have a license required by
1617	this part concerning the scope of the work to be performed under
1618	the contract. A business organization is unlicensed if the
1619	business organization does not have a primary or secondary
1620	qualifying agent in accordance with this part concerning the
1621	scope of the work to be performed under the contract. For
1622	purposes of this section, if a no state or local license is not
1623	required for the scope of work to be performed under the
1624	contract, the individual performing that work is shall not be
1625	considered unlicensed.
1626	Section 43.  Paragraph (b) of subsection (3) of section
1627	489.537, Florida Statutes, is amended to read:
1628	489.537  Application of this part.--
1629	(3)  Nothing in this act limits the power of a municipality
1630	or county:
1631	(b)  To collect fees for business tax receipts occupational
1632	licenses and inspections for engaging in contracting or
1633	examination fees from persons who are registered with the local
1634	boards pursuant to local examination requirements.
1635	Section 44.  Section 509.233, Florida Statutes, is amended
1636	to read:
1637	509.233  Public food service establishment requirements;
1638	local exemption for dogs in designated outdoor portions; pilot
1639	program.--
1640	(1)  INTENT.--It is the intent of the Legislature by this
1641	section to establish a 3-year pilot program for local
1642	governments to allow patrons' dogs within certain designated
1643	outdoor portions of public food service establishments.
1644	(1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1645	509.032(7), the governing body of a local government may
1646	participating in the pilot program is authorized to establish,
1647	by ordinance, a local exemption procedure to certain provisions
1648	of the Food and Drug Administration Food Code, as currently
1649	adopted by the division, in order to allow patrons' dogs within
1650	certain designated outdoor portions of public food service
1651	establishments.
1652	(2)(3)  LOCAL DISCRETION; CODIFICATION.--
1653	(a)  The adoption of the local exemption procedure shall be
1654	at the sole discretion of the governing body of a participating
1655	local government. Nothing in this section shall be construed to
1656	require or compel a local governing body to adopt an ordinance
1657	pursuant to this section.
1658	(b)  Any ordinance adopted pursuant to this section shall
1659	provide for codification within the land development code of a
1660	participating local government.
1661	(3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1662	(a)  Any local exemption procedure adopted pursuant to this
1663	section shall only provide a variance to those portions of the
1664	currently adopted Food and Drug Administration Food Code in
1665	order to allow patrons' dogs within certain designated outdoor
1666	portions of public food service establishments.
1667	(b)  In order to protect the health, safety, and general
1668	welfare of the public, the local exemption procedure shall
1669	require participating public food service establishments to
1670	apply for and receive a permit from the governing body of the
1671	local government before allowing patrons' dogs on their
1672	premises. The local government shall require from the applicant
1673	such information as the local government deems reasonably
1674	necessary to enforce the provisions of this section, but shall
1675	require, at a minimum, the following information:
1676	1.  The name, location, and mailing address of the public
1677	food service establishment.
1678	2.  The name, mailing address, and telephone contact
1679	information of the permit applicant.
1680	3.  A diagram and description of the outdoor area to be
1681	designated as available to patrons' dogs, including dimensions
1682	of the designated area; a depiction of the number and placement
1683	of tables, chairs, and restaurant equipment, if any; the
1684	entryways and exits to the designated outdoor area; the
1685	boundaries of the designated area and of other areas of outdoor
1686	dining not available for patrons' dogs; any fences or other
1687	barriers; surrounding property lines and public rights-of-way,
1688	including sidewalks and common pathways; and such other
1689	information reasonably required by the permitting authority. The
1690	diagram or plan shall be accurate and to scale but need not be
1691	prepared by a licensed design professional.
1692	4.  A description of the days of the week and hours of
1693	operation that patrons' dogs will be permitted in the designated
1694	outdoor area.
1695	(c)  In order to protect the health, safety, and general
1696	welfare of the public, the local exemption ordinance shall
1697	include such regulations and limitations as deemed necessary by
1698	the participating local government and shall include, but not be
1699	limited to, the following requirements:
1700	1.  All public food service establishment employees shall
1701	wash their hands promptly after touching, petting, or otherwise
1702	handling dogs. Employees shall be prohibited from touching,
1703	petting, or otherwise handling dogs while serving food or
1704	beverages or handling tableware or before entering other parts
1705	of the public food service establishment.
1706	2.  Patrons in a designated outdoor area shall be advised
1707	that they should wash their hands before eating. Waterless hand
1708	sanitizer shall be provided at all tables in the designated
1709	outdoor area.
1710	3.  Employees and patrons shall be instructed that they
1711	shall not allow dogs to come into contact with serving dishes,
1712	utensils, tableware, linens, paper products, or any other items
1713	involved in food service operations.
1714	4.  Patrons shall keep their dogs on a leash at all times
1715	and shall keep their dogs under reasonable control.
1716	5.  Dogs shall not be allowed on chairs, tables, or other
1717	furnishings.
1718	6.  All table and chair surfaces shall be cleaned and
1719	sanitized with an approved product between seating of patrons.
1720	Spilled food and drink shall be removed from the floor or ground
1721	between seating of patrons.
1722	7.  Accidents involving dog waste shall be cleaned
1723	immediately and the area sanitized with an approved product. A
1724	kit with the appropriate materials for this purpose shall be
1725	kept near the designated outdoor area.
1726	8.  A sign or signs reminding employees of the applicable
1727	rules shall be posted on premises in a manner and place as
1728	determined by the local permitting authority.
1729	9.  A sign or signs reminding patrons of the applicable
1730	rules shall be posted on premises in a manner and place as
1731	determined by the local permitting authority.
1732	10.  A sign or signs shall be posted in a manner and place
1733	as determined by the local permitting authority that places the
1734	public on notice that the designated outdoor area is available
1735	for the use of patrons and patrons' dogs.
1736	11.  Dogs shall not be permitted to travel through indoor
1737	or nondesignated outdoor portions of the public food service
1738	establishment, and ingress and egress to the designated outdoor
1739	portions of the public food service establishment must not
1740	require entrance into or passage through any indoor area of the
1741	food establishment.
1742	(d)  A permit issued pursuant to this section shall not be
1743	transferred to a subsequent owner upon the sale of a public food
1744	service establishment but shall expire automatically upon the
1745	sale of the establishment. The subsequent owner shall be
1746	required to reapply for a permit pursuant to this section if the
1747	subsequent owner wishes to continue to accommodate patrons'
1748	dogs.
1749	(4)(5)  POWERS; ENFORCEMENT.--Participating local
1750	governments shall have such powers as are reasonably necessary
1751	to regulate and enforce the provisions of this section.
1752	(5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1753	provide reasonable assistance to participating local governments
1754	in the development of enforcement procedures and regulations,
1755	and participating local governments shall monitor permitholders
1756	for compliance in cooperation with the division. At a minimum,
1757	participating local governments shall establish a procedure to
1758	accept, document, and respond to complaints and to timely report
1759	to the division all such complaints and the participating local
1760	governments' enforcement responses to such complaints. A
1761	participating local government shall provide the division with a
1762	copy of all approved applications and permits issued, and the
1763	participating local government shall require that all
1764	applications, permits, and other related materials contain the
1765	appropriate division-issued license number for each public food
1766	service establishment.
1767	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1768	July 1, 2009, unless reviewed and saved from repeal through
1769	reenactment by the Legislature.
1770	Section 45.  Subsections (8) through (22) of section
1771	548.002, Florida Statutes, are renumbered as subsections (9)
1772	through (23), respectively, and a new subsection (8) is added to
1773	that section, to read:
1774	548.002  Definitions.--As used in this chapter, the term:
1775	(8)  "Event" means one or more matches comprising a show.
1776	Section 46.  Paragraph (k) of subsection (2) of section
1777	548.003, Florida Statutes, is amended to read:
1778	548.003  Florida State Boxing Commission.--
1779	(2)  The Florida State Boxing Commission, as created by
1780	subsection (1), shall administer the provisions of this chapter.
1781	The commission has authority to adopt rules pursuant to ss.
1782	120.536(1) and 120.54 to implement the provisions of this
1783	chapter and to implement each of the duties and responsibilities
1784	conferred upon the commission, including, but not limited to:
1785	(k)  Establishment of criteria for approval, disapproval,
1786	suspension of approval, and revocation of approval of amateur
1787	sanctioning organizations for amateur boxing, and kickboxing,
1788	and mixed martial arts matches held in this state, including,
1789	but not limited to, the health and safety standards the
1790	organizations use before, during, and after the matches to
1791	ensure the health, safety, and well-being of the amateurs
1792	participating in the matches, including the qualifications and
1793	numbers of health care personnel required to be present, the
1794	qualifications required for referees, and other requirements
1795	relating to the health, safety, and well-being of the amateurs
1796	participating in the matches. The commission may adopt by rule,
1797	or incorporate by reference into rule, the health and safety
1798	standards of USA Boxing as the minimum health and safety
1799	standards for an amateur boxing sanctioning organization, and
1800	the health and safety standards of the International Sport
1801	Kickboxing Association as the minimum health and safety
1802	standards for an amateur kickboxing sanctioning organization,
1803	and the minimum health and safety standards for an amateur mixed
1804	martial arts sanctioning organization. The commission shall
1805	review its rules for necessary revision at least every 2 years
1806	and may adopt by rule, or incorporate by reference into rule,
1807	the then-existing current health and safety standards of USA
1808	Boxing and the International Sport Kickboxing Association. The
1809	commission may adopt emergency rules to administer this
1810	paragraph.
1811	Section 47.  For the purpose of incorporating the amendment
1812	made by this act to subsection (1) of section 455.227, Florida
1813	Statutes, in a reference thereto, paragraph (a) of subsection
1814	(2) of section 468.436, Florida Statutes, is reenacted to read:
1815	468.436  Disciplinary proceedings.--
1816	(2)  The following acts constitute grounds for which the
1817	disciplinary actions in subsection (4) may be taken:
1818	(a)  Violation of any provision of s. 455.227(1).
1819	Section 48.  For the purpose of incorporating the amendment
1820	made by this act to subsection (1) of section 455.227, Florida
1821	Statutes, in a reference thereto, paragraph (a) of subsection
1822	(1) of section 468.832, Florida Statutes, is reenacted to read:
1823	468.832  Disciplinary proceedings.--
1824	(1)  The following acts constitute grounds for which the
1825	disciplinary actions in subsection (2) may be taken:
1826	(a)  Violation of any provision of this part or s.
1827	455.227(1);
1828	Section 49.  For the purpose of incorporating the amendment
1829	made by this act to subsection (1) of section 455.227, Florida
1830	Statutes, in a reference thereto, paragraph (a) of subsection
1831	(1) of section 468.842, Florida Statutes, is reenacted to read:
1832	468.842  Disciplinary proceedings.--
1833	(1)  The following acts constitute grounds for which the
1834	disciplinary actions in subsection (2) may be taken:
1835	(a)  Violation of any provision of this part or s.
1836	455.227(1);
1837	Section 50.  For the purpose of incorporating the amendment
1838	made by this act to subsection (1) of section 455.227, Florida
1839	Statutes, in a reference thereto, paragraph (a) of subsection
1840	(1) of section 471.033, Florida Statutes, is reenacted to read:
1841	471.033  Disciplinary proceedings.--
1842	(1)  The following acts constitute grounds for which the
1843	disciplinary actions in subsection (3) may be taken:
1844	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1845	or s. 471.031, or any other provision of this chapter or rule of
1846	the board or department.
1847	Section 51.  For the purpose of incorporating the amendment
1848	made by this act to section (1) of section 455.227, Florida
1849	Statutes, in a reference thereto, paragraph (a) of subsection
1850	(1) of section 472.033, Florida Statutes, is reenacted to read:
1851	472.033  Disciplinary proceedings.--
1852	(1)  The following acts constitute grounds for which the
1853	disciplinary actions in subsection (2) may be taken:
1854	(a)  Violation of any provision of s. 472.031 or s.
1855	455.227(1);
1856	Section 52.  For the purpose of incorporating the amendment
1857	made by this act to subsection (1) of section 455.227, Florida
1858	Statutes, in a reference thereto, paragraph (a) of subsection
1859	(1) of section 473.323, Florida Statutes, is reenacted to read:
1860	473.323  Disciplinary proceedings.--
1861	(1)  The following acts constitute grounds for which the
1862	disciplinary actions in subsection (3) may be taken:
1863	(a)  Violation of any provision of s. 455.227(1) or any
1864	other provision of this chapter.
1865	Section 53.  For the purpose of incorporating the amendment
1866	made by this act to subsection (1) of section 455.227, Florida
1867	Statutes, in a reference thereto, paragraph (a) of subsection
1868	(1) of section 475.25, Florida Statutes, is reenacted to read:
1869	475.25  Discipline.--
1870	(1)  The commission may deny an application for licensure,
1871	registration, or permit, or renewal thereof; may place a
1872	licensee, registrant, or permittee on probation; may suspend a
1873	license, registration, or permit for a period not exceeding 10
1874	years; may revoke a license, registration, or permit; may impose
1875	an administrative fine not to exceed $5,000 for each count or
1876	separate offense; and may issue a reprimand, and any or all of
1877	the foregoing, if it finds that the licensee, registrant,
1878	permittee, or applicant:
1879	(a)  Has violated any provision of s. 455.227(1) or s.
1880	475.42. However, licensees under this part are exempt from the
1881	provisions of s. 455.227(1)(i).
1882	Section 54.  For the purpose of incorporating the amendment
1883	made by this act to subsection (1) of section 455.227, Florida
1884	Statutes, in a reference thereto, subsection (1) of section
1885	475.624, Florida Statutes, is reenacted to read:
1886	475.624  Discipline.--The board may deny an application for
1887	registration or certification; may investigate the actions of
1888	any appraiser registered, licensed, or certified under this
1889	part; may reprimand or impose an administrative fine not to
1890	exceed $5,000 for each count or separate offense against any
1891	such appraiser; and may revoke or suspend, for a period not to
1892	exceed 10 years, the registration, license, or certification of
1893	any such appraiser, or place any such appraiser on probation, if
1894	it finds that the registered trainee, licensee, or
1895	certificateholder:
1896	(1)  Has violated any provisions of this part or s.
1897	455.227(1); however, certificateholders, registrants, and
1898	licensees under this part are exempt from the provisions of s.
1899	455.227(1)(i).
1900	Section 55.  For the purpose of incorporating the amendment
1901	made by this act to subsection (1) of section 455.227, Florida
1902	Statutes, in a reference thereto, paragraph (h) of subsection
1903	(1) of section 476.204, Florida Statutes, is reenacted to read:
1904	476.204  Penalties.--
1905	(1)  It is unlawful for any person to:
1906	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1907	s. 476.214.
1908	Section 56.  For the purpose of incorporating the amendment
1909	made by this act to subsection (1) of section 455.227, Florida
1910	Statutes, in a reference thereto, paragraph (h) of subsection
1911	(1) of section 477.029, Florida Statutes, is reenacted to read:
1912	477.029  Penalty.--
1913	(1)  It is unlawful for any person to:
1914	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1915	or s. 477.028.
1916	Section 57.  For the purpose of incorporating the amendment
1917	made by this act to subsection (1) of section 455.227, Florida
1918	Statutes, in a reference thereto, paragraph (a) of subsection
1919	(1) of section 481.225, Florida Statutes, is reenacted to read:
1920	481.225  Disciplinary proceedings against registered
1921	architects.--
1922	(1)  The following acts constitute grounds for which the
1923	disciplinary actions in subsection (3) may be taken:
1924	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1925	or s. 481.223, or any rule of the board or department lawfully
1926	adopted pursuant to this part or chapter 455.
1927	Section 58.  For the purpose of incorporating the amendment
1928	made by this act to subsection (1) of section 455.227, Florida
1929	Statutes, in a reference thereto, paragraph (a) of subsection
1930	(1) of section 481.325, Florida Statutes, is reenacted to read:
1931	481.325  Disciplinary proceedings.--
1932	(1)  The following acts constitute grounds for which the
1933	disciplinary actions in subsection (3) may be taken:
1934	(a)  Violation of any provision of s. 455.227(1), s.
1935	481.321, or s. 481.323.
1936	Section 59.  Section 509.201, Florida Statutes, is
1937	repealed.
1938	Section 60.  Effective upon this act becoming a law, the
1939	amendments made by this act to ss. 489.128(1)(a) and
1940	489.532(1)(a), Florida Statutes, shall apply retroactively to
1941	contracts entered into on or after October 1, 2000, and shall
1942	apply retroactively to all actions pending when this act becomes
1943	a law.
1944	Section 61.  Except as otherwise expressly provided in this
1945	act, this act shall take effect October 1, 2009.

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