CS/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 s. 477.026, F.S.; increasing maximum fees for
70	cosmetology licenses; amending ss. 481.215 and 481.313,
71	F.S.; deleting provisions requiring architect, interior
72	designer, and landscape architect licensees to complete a
73	certain core curriculum or pass an equivalency test of the
74	Florida Building Code Compliance and Mitigation Program;
75	amending s. 481.229, F.S.; exempting certain persons or
76	entities engaged in the manufacture, sale, or installation
77	of commercial food service equipment from provisions
78	regulating architecture and interior design under certain
79	circumstances; amending s. 489.103, F.S.; revising a
80	disclosure statement that a local permitting agency must
81	provide to property owners who apply for building permits
82	and claim certain exemptions from provisions regulating
83	construction contracting; amending s. 489.105, F.S.;
84	revising the term "specialty contractor" to require that
85	the scope of work and responsibility of a specialty
86	contractor be established in a category of construction
87	contracting adopted by rule of the Construction Industry
88	Licensing Board; amending s. 489.109, F.S.; increasing
89	maximum fees for construction contractor certifications;
90	establishing fees for registration or certification to
91	qualify a business organization for contracting; deleting
92	provisions relating to a business organization's
93	certificate of authority to conform to changes made by the
94	act; amending s. 489.114, F.S.; deleting provisions
95	relating to a business organization's certificate of
96	authority to conform to changes made by the act; amending
97	s. 489.115, F.S.; deleting provisions requiring
98	construction contractor certificateholders and registrants
99	to complete a certain core curriculum or pass an
100	equivalency test of the Florida Building Code Compliance
101	and Mitigation Program; amending s. 489.117, F.S.;
102	revising requirements for the registration of certain
103	contractors; deleting provisions requiring a contractor
104	applicant to submit proof of a local occupational license;
105	specifying circumstances under which a specialty
106	contractor holding a local license is not required to
107	register with the board; deleting provisions for the
108	issuance of tracking registrations to certain contractors
109	who are not eligible for registration as specialty
110	contractors; limiting the licensing and disciplinary
111	actions that local jurisdictions must report to the board
112	to certain actions of registered contractors; deleting
113	provisions requiring the board to establish uniform job
114	scopes for any construction contracting license category;
115	amending s. 489.119, F.S.; deleting provisions for the
116	issuance of a certificate of authority to a business
117	organization for contracting; requiring a contractor to
118	apply for registration or certification to qualify a
119	business organization as the qualifying agent; authorizing
120	the board to deny a registration or certification to
121	qualify a business organization under certain
122	circumstances; providing application procedures and
123	requirements for the issuance of a business tax receipt to
124	a business organization; deleting provisions for the
125	issuance of an occupational license to a business
126	organization; authorizing a local government to impose
127	fines against certified or registered contractors under
128	certain circumstances; requiring the qualifying agent of a
129	business organization to present certain evidence to the
130	board; providing that the board has discretion to approve
131	a business organization; amending s. 489.127, F.S.;
132	deleting provisions relating to a business organization's
133	certificate of authority for contracting to conform to
134	changes made by the act; amending s. 489.128, F.S.;
135	revising the circumstances under which a person is
136	considered an unlicensed contractor; deleting provisions
137	relating to a business organization's certificate of
138	authority for contracting to conform to changes made by
139	the act; amending ss. 489.129 and 489.132, F.S.; deleting
140	provisions relating to a business organization's
141	certificate of authority for contracting to conform to
142	changes made by the act; amending s. 489.1455, F.S.;
143	deleting provisions requiring certain journeymen licensees
144	to complete a certain core curriculum or pass an
145	equivalency test of the Florida Building Code Compliance
146	and Mitigation Program; amending s. 489.505, F.S.;
147	revising the term "specialty contractor" to require that
148	the scope of practice of a specialty contractor be
149	established in a category of electrical or alarm system
150	contracting adopted by rule of the Electrical Contractors'
151	Licensing Board; amending s. 489.513, F.S.; deleting a
152	requirement that the local license required for an
153	electrical or alarm system contractor be an occupational
154	license; limiting the licensing and disciplinary actions
155	that local jurisdictions must report to the board to
156	certain actions of registered contractors; deleting
157	provisions requiring the board to establish uniform job
158	scopes for any electrical and alarm system contracting
159	license category; amending s. 489.516, F.S.; authorizing
160	local officials to require a contractor to obtain a
161	business tax receipt; deleting provisions requiring a
162	contractor to pay an occupational license fee; amending s.
163	489.517, F.S.; deleting provisions requiring electrical
164	and alarm system contractor certificateholders and
165	registrants to complete a certain core curriculum or pass
166	an equivalency test of the Florida Building Code
167	Compliance and Mitigation Program; amending s. 489.521,
168	F.S.; providing application procedures and requirements
169	for the issuance of a business tax receipt to a business
170	organization; deleting provisions for the issuance of an
171	occupational license to a business organization; amending
172	s. 489.5315, F.S.; specifying that certain electrical or
173	alarm system contractors are not required to obtain a
174	business tax receipt; deleting a provision exempting
175	certain contractors from requirements for an occupational
176	license to conform to changes made by the act; amending s.
177	489.532, F.S.; revising the circumstances under which a
178	person is considered an unlicensed electrical or alarm
179	system contractor; amending s. 489.537, F.S.; authorizing
180	a county or municipality to collect fees for business tax
181	receipts from electrical and alarm system contractors;
182	deleting a provision authorizing the collection of
183	occupational license fees; amending s. 509.233, F.S.;
184	authorizing local governments to establish, by ordinance,
185	local exemption procedures to allow patrons' dogs within
186	certain designated outdoor portions of public food service
187	establishments; deleting provisions for a pilot program
188	that limits the authority for such local exemption
189	procedures to a specified time; deleting a provision that
190	provides for the future review and repeal of such pilot
191	program; amending s. 509.302, F.S.; defining the term
192	"hospitality industry"; revising the purpose of the
193	program to focus on certain training and transition
194	programs; requiring a statewide nonprofit organization
195	that receives the program's grant funding to represent a
196	hospitality industry in the state; requiring the Division
197	of Hotels and Restaurants of the Department of Business
198	and Professional Regulation to use a portion of certain
199	annual licenses fees for programs directed to careers in
200	the restaurant industry and a portion of the fees for
201	programs directed to careers in the lodging industry;
202	authorizing the division to use a portion of the fees for
203	administration of the program; deleting provisions related
204	to the allocation of the funds to various programs;
205	revising the criteria for the award of grants to conform
206	to changes made by the act; removing an expired provision
207	that authorized administrative fines to be used for the
208	program; amending s. 548.002, F.S.; defining the term
209	"event" for regulation of pugilistic exhibitions; amending
210	s. 548.003, F.S.; authorizing the Florida State Boxing
211	Commission to adopt criteria for the approval of certain
212	amateur sanctioning organizations; authorizing the
213	commission to adopt health and safety standards for
214	amateur mixed martial arts; reenacting ss. 468.436(2)(a),
215	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
216	472.033(1)(a), 473.323(1)(a), 475.25(1)(a), 475.624(1),
217	476.204(1)(h), 477.029(1)(h), 481.225(1)(a), and
218	481.325(1)(a), F.S., relating to the discipline of
219	community association managers or firms, home inspectors,
220	mold assessors and remediators, engineers, surveyors and
221	mappers, certified public accountants and accounting
222	firms, real estate brokers and sales associates, real
223	estate appraisers, barbers, cosmetologists, architects,
224	and landscape architects, to incorporate the amendment
225	made to s. 455.227, F.S., in references thereto; amending
226	s. 20.165, F.S.; creating the Division of Service
227	Operations of the department; amending s. 455.217, F.S.;
228	conforming provisions and transferring to the Division of
229	Service Operations from the Division of Technology certain
230	responsibilities related to examinations; revising certain
231	requirements for the department concerning the use of
232	outside vendors for the development, preparation, and
233	evaluation of examinations; amending s. 471.003, F.S.;
234	revises the types of construction projects for which
235	certain contractors are exempt from licensure as an
236	engineer; requiring that the Office of Program Policy
237	Analysis and Government Accountability perform a study and
238	make certain recommendations to the Legislature by a
239	specified date regarding the enactment of laws to provide
240	for protection and remedies from certain online poker
241	activities; providing for retroactive application;
242	repealing s. 509.201, F.S., relating to posting and
243	advertising the room rates of a public lodging
244	establishment and related penalties; providing effective
245	dates.
246
247	Be It Enacted by the Legislature of the State of Florida:
248
249	Section 1.  Subsection (1) of section 455.213, Florida
250	Statutes, is amended to read:
251	455.213  General licensing provisions.--
252	(1)  Any person desiring to be licensed shall apply to the
253	department in writing. The application for licensure shall be
254	submitted made on a form prescribed prepared and furnished by
255	the department and must include the applicant's social security
256	number. Notwithstanding any other provision of law, the
257	department is the sole authority for determining the contents of
258	any documents to be submitted for initial licensure and
259	licensure renewal. Such documents may contain information
260	including, as appropriate: demographics, education, work
261	history, personal background, criminal history, finances,
262	business information, complaints, inspections, investigations,
263	discipline, bonding, signature notarization, photographs,
264	performance periods, reciprocity, local government approvals,
265	supporting documentation, periodic reporting requirements,
266	fingerprint requirements, continuing education requirements, and
267	ongoing education monitoring. The application shall be
268	supplemented as needed to reflect any material change in any
269	circumstance or condition stated in the application which takes
270	place between the initial filing of the application and the
271	final grant or denial of the license and which might affect the
272	decision of the department. In order to further the economic
273	development goals of the state, and notwithstanding any law to
274	the contrary, the department may enter into an agreement with
275	the county tax collector for the purpose of appointing the
276	county tax collector as the department's agent to accept
277	applications for licenses and applications for renewals of
278	licenses. The agreement must specify the time within which the
279	tax collector must forward any applications and accompanying
280	application fees to the department. In cases where a person
281	applies or schedules directly with a national examination
282	organization or examination vendor to take an examination
283	required for licensure, any organization- or vendor-related fees
284	associated with the examination may be paid directly to the
285	organization or vendor. An application is received for purposes
286	of s. 120.60 upon the department's receipt of the application
287	submitted in the format prescribed by the department; the
288	application fee set by the board or, if there is no board, set
289	by the department; and any other fee required by law or rule to
290	be remitted with the application.
291	Section 2.  Paragraphs (t) and (u) are added to subsection
292	(1) of section 455.227, Florida Statutes, to read:
293	455.227  Grounds for discipline; penalties; enforcement.--
294	(1)  The following acts shall constitute grounds for which
295	the disciplinary actions specified in subsection (2) may be
296	taken:
297	(t)  Failing to report in writing to the board or, if there
298	is no board, to the department within 30 days after the licensee
299	is convicted or found guilty of, or entered a plea of nolo
300	contendere or guilty to, regardless of adjudication, a crime in
301	any jurisdiction. A licensee must report a conviction, finding
302	of guilt, plea, or adjudication entered before the effective
303	date of this paragraph within 30 days after the effective date
304	of this paragraph.
305	(u)  Termination from a treatment program for impaired
306	practitioners as described in s. 456.076 for failure to comply,
307	without good cause, with the terms of the monitoring or
308	treatment contract entered into by the licensee or failing to
309	successfully complete a drug or alcohol treatment program.
310	Section 3.  Section 455.2274, Florida Statutes, is created
311	to read:
312	455.2274  Criminal proceedings against licensees;
313	appearances by department representatives.--A representative of
314	the department may voluntarily appear in a criminal proceeding
315	brought against a person licensed by the department to practice
316	a profession regulated by the state. The department's
317	representative is authorized to furnish pertinent information,
318	make recommendations regarding specific conditions of probation,
319	and provide other assistance to the court necessary to promote
320	justice or protect the public. The court may order a
321	representative of the department to appear in a criminal
322	proceeding if the crime charged is substantially related to the
323	qualifications, functions, or duties of a license regulated by
324	the department.
325	Section 4.  Paragraph (i) of subsection (1) of section
326	468.402, Florida Statutes, is amended to read:
327	468.402  Duties of the department; authority to issue and
328	revoke license; adoption of rules.--
329	(1)  The department may take any one or more of the actions
330	specified in subsection (5) against any person who has:
331	(i)  Had a license to operate a talent agency revoked,
332	suspended, or otherwise acted against, including, but not
333	limited to, having been denied a license for good cause by the
334	licensing authority of any another state, territory, or country.
335	Section 5.  Subsection (1) of section 468.403, Florida
336	Statutes, is amended to read:
337	468.403  License requirements.--
338	(1)  A person may not own, operate, solicit business, or
339	otherwise engage in or carry on the occupation of a talent
340	agency in this state unless the such person first procures a
341	license for the talent agency from the department. However, A
342	license is not required for a person who acts as an agent for
343	herself or himself, a family member, or exclusively for one
344	artist. However, a person may not advertise or otherwise hold
345	herself or himself out as a "talent agency" or "talent agent"
346	unless the person is licensed under this section as a talent
347	agency.
348	Section 6.  Section 468.409, Florida Statutes, is amended
349	to read:
350	468.409  Records required to be kept.--Each talent agency
351	shall keep on file the application, registration, or contract of
352	each artist. In addition, such file must include the name and
353	address of each artist, the amount of the compensation received,
354	and all attempts to procure engagements for the artist. No such
355	agency or employee thereof shall knowingly make any false entry
356	in applicant files or receipt files. Each card or document in
357	such files shall be preserved for a period of 1 year after the
358	date of the last entry thereon. Records required under this
359	section shall be readily available for inspection by the
360	department during reasonable business hours at the talent
361	agency's principal office. A talent agency must provide the
362	department with true copies of the records in the manner
363	prescribed by the department.
364	Section 7.  Subsection (3) of section 468.410, Florida
365	Statutes, is amended to read:
366	468.410  Prohibition against registration fees; referral.--
367	(3)  A talent agency shall give each applicant a copy of a
368	contract, within 24 hours after the contract's execution, which
369	lists the services to be provided and the fees to be charged.
370	The contract shall state that the talent agency is regulated by
371	the department and shall list the address and telephone number
372	of the department.
373	Section 8.  Subsections (5) and (8) of section 468.412,
374	Florida Statutes, are amended, and subsection (11) is added to
375	that section, to read:
376	468.412  Talent agency regulations; prohibited acts.--
377	(5)(a)  No talent agency may knowingly issue a contract for
378	employment containing any term or condition which, if complied
379	with, would be in violation of law, or attempt to fill an order
380	for help to be employed in violation of law.
381	(b)  A talent agency must advise an artist, in writing,
382	that the artist has a right to rescind a contract for employment
383	within the first 3 business days after the contract's execution.
384	Any engagement procured by the talent agency for the artist
385	during the first 3 business days of the contract remains
386	commissionable to the talent agency.
387	(8)  No talent agency, without the written consent of the
388	artist, may divide fees with anyone, including, but not limited
389	to, an agent or other employee of an employer, a buyer, a
390	casting director, a producer, a director, or any venue that uses
391	entertainment. For purposes of this subsection, to "divide fees"
392	includes the sharing among two or more persons of those fees
393	charged to an artist for services performed on behalf of that
394	artist, the total amount of which fees exceeds the amount that
395	would have been charged to the artist by the talent agency
396	alone.
397	(11)  A talent agency may assign an engagement contract to
398	another talent agency licensed in this state only if the artist
399	agrees in writing to the assignment. The assignment must occur,
400	and written notice of the assignment must be given to the
401	artist, within 30 days after the artist agrees in writing to the
402	assignment.
403	Section 9.  Subsection (4) of section 468.413, Florida
404	Statutes, is amended to read:
405	468.413  Legal requirements; penalties.--
406	(4)  In the event the department or any state attorney
407	shall have probable cause to believe that a talent agency or
408	other person has violated any provision of subsection (1), an
409	action may be brought by the department or any state attorney to
410	enjoin such talent agency or any person from continuing such
411	violation, or engaging therein or doing any acts in furtherance
412	thereof, and for such other relief as to the court seems
413	appropriate. In addition to this remedy, the department may
414	assess a penalty against any talent agency or any person in an
415	amount not to exceed $5,000 $1,000.
416	Section 10.  Paragraph (d) of subsection (3) of section
417	468.609, Florida Statutes, is amended to read:
418	468.609  Administration of this part; standards for
419	certification; additional categories of certification.--
420	(3)  A person may take the examination for certification as
421	a building code administrator pursuant to this part if the
422	person:
423	(d)  After the building code training program is
424	established under s. 553.841, demonstrates successful completion
425	of the core curriculum approved by the Florida Building
426	Commission, appropriate to the licensing category sought.
427	Section 11.  Subsection (6) of section 468.627, Florida
428	Statutes, is amended to read:
429	468.627  Application; examination; renewal; fees.--
430	(6)  Each certificateholder shall provide to the board
431	proof of completion of the core curriculum courses of the
432	building code training program established by s. 553.841, within
433	2 years after commencement of the program. Each new
434	certificateholder shall provide to the board proof of completion
435	of the core curriculum courses of the building code training
436	program established in s. 553.841 within the first 2-year period
437	after initial licensure. Continuing education hours spent taking
438	such core curriculum courses shall count toward the number
439	required for license renewal.
440	Section 12.  Section 471.0195, Florida Statutes, is amended
441	to read:
442	471.0195  Florida Building Code training for
443	engineers.--All licensees actively participating in the design
444	of engineering works or systems in connection with buildings,
445	structures, or facilities and systems covered by the Florida
446	Building Code shall take continuing education courses and submit
447	proof to the board, at such times and in such manner as
448	established by the board by rule, that the licensee has
449	completed the core curriculum courses and any specialized or
450	advanced courses on any portion of the Florida Building Code
451	applicable to the licensee's area of practice or has passed the
452	appropriate equivalency test of the Building Code Training
453	Program as required by s. 553.841. The board shall record
454	reported continuing education courses on a system easily
455	accessed by code enforcement jurisdictions for evaluation when
456	determining license status for purposes of processing design
457	documents. Local jurisdictions shall be responsible for
458	notifying the board when design documents are submitted for
459	building construction permits by persons who are not in
460	compliance with this section. The board shall take appropriate
461	action as provided by its rules when such noncompliance is
462	determined to exist.
463	Section 13.  Section 473.305, Florida Statutes, is amended
464	to read:
465	473.305  Fees.--The board, by rule, may establish fees to
466	be paid for applications, examination, reexamination, licensing
467	and renewal, reinstatement, and recordmaking and recordkeeping.
468	The fee for the examination shall be established at an amount
469	that covers the costs for the procurement or development,
470	administration, grading, and review of the examination. The fee
471	for the examination is refundable if the applicant is found to
472	be ineligible to sit for the examination. The fee for initial
473	application is nonrefundable, and the combined fees for
474	application and examination may not exceed $250 plus the actual
475	per applicant cost to the department for purchase of the
476	examination from the American Institute of Certified Public
477	Accountants or a similar national organization. The biennial
478	renewal fee may not exceed $250. The board may also establish,
479	by rule, a reactivation fee, a late filing fee for the law and
480	rules examination, and a delinquency fee not to exceed $50 for
481	continuing professional education reporting forms. The board
482	shall establish fees which are adequate to ensure the continued
483	operation of the board and to fund the proportionate expenses
484	incurred by the department which are allocated to the regulation
485	of public accountants. Fees shall be based on department
486	estimates of the revenue required to implement this chapter and
487	the provisions of law with respect to the regulation of
488	certified public accountants.
489	Section 14.  Subsection (1) of section 473.311, Florida
490	Statutes, is amended to read:
491	473.311  Renewal of license.--
492	(1)  The department shall renew a license upon receipt of
493	the renewal application and fee and upon certification by the
494	board that the licensee has satisfactorily completed the
495	continuing education requirements of s. 473.312 and has passed
496	an examination approved by the board on chapter 455 and this
497	chapter and the related administrative rules. However, each
498	licensee must complete the requirements of s. 473.312(1)(c)
499	prior to taking the examination.
500	Section 15.  Subsection (3) of section 473.313, Florida
501	Statutes, is amended to read:
502	473.313  Inactive status.--
503	(3)  Any licensee holding an inactive license may be
504	permitted to reactivate such license in a conditional manner.
505	The conditions of reactivation shall require, in addition to the
506	payment of fees, the passing of the examination approved by the
507	board concerning chapter 455 and this chapter, and the related
508	administrative rules, and the completion of required continuing
509	education.
510	Section 16.  Paragraph (a) of subsection (1) of section
511	475.175, Florida Statutes, is amended to read:
512	475.175  Examinations.--
513	(1)  A person shall be entitled to take the license
514	examination to practice in this state if the person:
515	(a)  Submits to the department the appropriate notarized or
516	electronically authenticated application and fee, and a
517	fingerprint card. The fingerprint card shall be forwarded to the
518	Division of Criminal Justice Information Systems within the
519	Department of Law Enforcement for purposes of processing the
520	fingerprint card to determine if the applicant has a criminal
521	history record. The fingerprint card shall also be forwarded to
522	the Federal Bureau of Investigation for purposes of processing
523	the fingerprint card to determine if the applicant has a
524	criminal history record. The information obtained by the
525	processing of the fingerprint card by the Florida Department of
526	Law Enforcement and the Federal Bureau of Investigation shall be
527	sent to the department for the purpose of determining if the
528	applicant is statutorily qualified for examination. Effective
529	July 1, 2006, an applicant shall provide fingerprints in
530	electronic format.
531	Section 17.  Subsection (6) of section 475.451, Florida
532	Statutes, is amended to read:
533	475.451  Schools teaching real estate practice.--
534	(6)  Any course prescribed by the commission as a condition
535	precedent to any person's becoming initially licensed as a sales
536	associate may be taught in any real estate school through the
537	use of a video tape of instruction by a currently permitted
538	instructor from any such school or may be taught by distance
539	learning pursuant to s. 475.17(2). The commission may require
540	that any such video tape course have a single session of live
541	instruction by a currently permitted instructor from any such
542	school; however, this requirement shall not exceed 3 classroom
543	hours. All other prescribed courses, except the continuing
544	education course required by s. 475.182, shall be taught by a
545	currently permitted school instructor personally in attendance
546	at such course or by distance learning pursuant to s. 475.17.
547	The continuing education course required by s. 475.182 may be
548	taught by distance learning pursuant to s. 475.17 or by an
549	equivalent correspondence course; however, any such
550	correspondence course shall be required to have a final
551	examination, prepared and administered by the school issuing the
552	correspondence course. The continuing education requirements
553	provided in this section or provided in any other section in
554	this chapter do not apply with respect to an any attorney who is
555	otherwise qualified under the provisions of this chapter and who
556	is a member in good standing of The Florida Bar.
557	Section 18.  Subsection (5) of section 475.615, Florida
558	Statutes, is amended to read:
559	475.615  Qualifications for registration or
560	certification.--
561	(5)  At the time of filing an a notarized application for
562	registration or certification, the applicant must sign a pledge
563	to comply with the Uniform Standards of Professional Appraisal
564	Practice upon registration or certification and must indicate in
565	writing that she or he understands the types of misconduct for
566	which disciplinary proceedings may be initiated. The application
567	shall expire 1 year after the date received.
568	Section 19.  Subsection (1) of section 476.134, Florida
569	Statutes, is amended to read:
570	476.134  Examinations.--
571	(1)  Examinations of applicants for licenses as barbers
572	shall be offered not less than four times each year. The
573	examination of applicants for licenses as barbers shall may
574	include both a practical demonstration and a written test. The
575	board shall have the authority to adopt rules with respect to
576	the examination of applicants for licensure. The board may
577	provide rules with respect to written or practical examinations
578	in such manner as the board may deem fit.
579	Section 20.  Paragraph (b) of subsection (6) of section
580	476.144, Florida Statutes, is amended to read:
581	476.144  Licensure.--
582	(6)  A person may apply for a restricted license to
583	practice barbering. The board shall adopt rules specifying
584	procedures for an applicant to obtain a restricted license if
585	the applicant:
586	(b)  Passes a written examination on the laws and rules
587	governing the practice of barbering in Florida, as established
588	by the board, and a practical examination approved by the board.
589
590	The restricted license shall limit the licensee's practice to
591	those specific areas in which the applicant has demonstrated
592	competence pursuant to rules adopted by the board.
593	Section 21.  Paragraph (a) of subsection (1) of section
594	477.026, Florida Statutes, is amended to read:
595	477.026  Fees; disposition.--
596	(1)  The board shall set fees according to the following
597	schedule:
598	(a)  For cosmetologists, fees for original licensing,
599	license renewal, and delinquent renewal shall not exceed $50
600	$25.
601	Section 22.  Subsection (6) of section 481.215, Florida
602	Statutes, is renumbered as subsection (5), and present
603	subsection (5) of that section is amended to read:
604	481.215  Renewal of license.--
605	(5)  Each licensee shall provide to the board proof of
606	completion of the core curriculum courses, or passing the
607	equivalency test of the Building Code Training Program
608	established by s. 553.841, within 2 years after commencement of
609	the program or after initial licensure, whichever is later.
610	Hours spent taking core curriculum courses shall count toward
611	the number required for license renewal. A licensee who passes
612	the equivalency test in lieu of taking the core curriculum
613	courses shall receive full credit for such core curriculum
614	course hours.
615	Section 23.  Subsection (6) of section 481.313, Florida
616	Statutes, is renumbered as subsection (5), and present
617	subsection (5) of that section is amended to read:
618	481.313  Renewal of license.--
619	(5)  Each licenseholder shall provide to the board proof of
620	completion of the core curriculum courses, or passing the
621	equivalency test of the Building Code Training Program
622	established by s. 553.841, within 2 years after commencement of
623	the program or of initial licensure, whichever is later. Hours
624	spent taking core curriculum courses shall count toward the
625	number required for license renewal. A licensee who passes the
626	equivalency test in lieu of taking the core curriculum courses
627	shall receive full credit for core curriculum course hours.
628	Section 24.  Subsection (8) is added to section 481.229,
629	Florida Statutes, to read:
630	481.229  Exceptions; exemptions from licensure.--
631	(8)  A manufacturer of commercial food service equipment or
632	the manufacturer's representative, distributor, or dealer or an
633	employee thereof, who prepares designs, specifications, or
634	layouts for the sale or installation of such equipment is exempt
635	from licensure as an architect or interior designer, if:
636	(a)  The designs, specifications, or layouts are not used
637	for construction or installation that may affect structural,
638	mechanical, plumbing, heating, air conditioning, ventilating,
639	electrical, or vertical transportation systems.
640	(b)  The designs, specifications, or layouts do not
641	materially affect lifesafety systems pertaining to firesafety
642	protection, smoke evacuation and compartmentalization, and
643	emergency ingress or egress systems.
644	(c)  Each design, specification, or layout document
645	prepared by a person or entity exempt under this subsection
646	contains a statement on each page of the document that the
647	designs, specifications, or layouts are not architectural,
648	interior design, or engineering designs, specifications, or
649	layouts and not used for construction unless reviewed and
650	approved by a licensed architect or engineer.
651	Section 25.  Subsection (7) of section 489.103, Florida
652	Statutes, is amended to read:
653	489.103  Exemptions.--This part does not apply to:
654	(7)  Owners of property when acting as their own contractor
655	and providing direct, onsite supervision themselves of all work
656	not performed by licensed contractors:
657	(a)  When building or improving farm outbuildings or one-
658	family or two-family residences on such property for the
659	occupancy or use of such owners and not offered for sale or
660	lease, or building or improving commercial buildings, at a cost
661	not to exceed $75,000, on such property for the occupancy or use
662	of such owners and not offered for sale or lease. In an action
663	brought under this part, proof of the sale or lease, or offering
664	for sale or lease, of any such structure by the owner-builder
665	within 1 year after completion of same creates a presumption
666	that the construction was undertaken for purposes of sale or
667	lease.
668	(b)  When repairing or replacing wood shakes or asphalt or
669	fiberglass shingles on one-family, two-family, or three-family
670	residences for the occupancy or use of such owner or tenant of
671	the owner and not offered for sale within 1 year after
672	completion of the work and when the property has been damaged by
673	natural causes from an event recognized as an emergency
674	situation designated by executive order issued by the Governor
675	declaring the existence of a state of emergency as a result and
676	consequence of a serious threat posed to the public health,
677	safety, and property in this state.
678
679	This subsection does not exempt any person who is employed by or
680	has a contract with such owner and who acts in the capacity of a
681	contractor. The owner may not delegate the owner's
682	responsibility to directly supervise all work to any other
683	person unless that person is registered or certified under this
684	part and the work being performed is within the scope of that
685	person's license. For the purposes of this subsection, the term
686	"owners of property" includes the owner of a mobile home
687	situated on a leased lot. To qualify for exemption under this
688	subsection, an owner must personally appear and sign the
689	building permit application and must satisfy local permitting
690	agency requirements, if any, proving that the owner has a
691	complete understanding of the owner's obligations under the law
692	as specified in the disclosure statement in this section. If any
693	person violates the requirements of this subsection, the local
694	permitting agency shall withhold final approval, revoke the
695	permit, or pursue any action or remedy for unlicensed activity
696	against the owner and any person performing work that requires
697	licensure under the permit issued. The local permitting agency
698	shall provide the person with a disclosure statement in
699	substantially the following form:
700
701	DISCLOSURE STATEMENT
702
703	1.  I understand that state law requires construction to
704	be done by a licensed contractor and have applied for an
705	owner-builder permit under an exemption from the law. The
706	exemption specifies that I, as the owner of the property
707	listed, may act as my own contractor with certain
708	restrictions even though I do not have a license.
709
710	2.  I understand that building permits are not required to
711	be signed by a property owner unless he or she is
712	responsible for the construction and is not hiring a
713	licensed contractor to assume responsibility.
714
715	3.  I understand that, as an owner-builder, I am the
716	responsible party of record on a permit. I understand that
717	I may protect myself from potential financial risk by
718	hiring a licensed contractor and having the permit filed
719	in his or her name instead of my own name. I also
720	understand that a contractor is required by law to be
721	licensed in Florida and to list his or her license numbers
722	on permits and contracts.
723
724	4.  I understand that I may build or improve a one-family
725	or two-family residence or a farm outbuilding. I may also
726	build or improve a commercial building if the costs do not
727	exceed $75,000. The building or residence must be for my
728	own use or occupancy. It may not be built or substantially
729	improved for sale or lease. If a building or residence
730	that I have built or substantially improved myself is sold
731	or leased within 1 year after the construction is
732	complete, the law will presume that I built or
733	substantially improved it for sale or lease, which
734	violates the exemption.
735
736	5.  I understand that, as the owner-builder, I must
737	provide direct, onsite supervision of the construction.
738
739	6.  I understand that I may not hire an unlicensed person
740	to act as my contractor or to supervise persons working on
741	my building or residence. It is my responsibility to
742	ensure that the persons whom I employ have the licenses
743	required by law and by county or municipal ordinance.
744
745	7.  I understand that it is a frequent practice of
746	unlicensed persons to have the property owner obtain an
747	owner-builder permit that erroneously implies that the
748	property owner is providing his or her own labor and
749	materials. I, as an owner-builder, may be held liable and
750	subjected to serious financial risk for any injuries
751	sustained by an unlicensed person or his or her employees
752	while working on my property. My homeowner's insurance may
753	not provide coverage for those injuries. I am willfully
754	acting as an owner-builder and am aware of the limits of
755	my insurance coverage for injuries to workers on my
756	property.
757
758	8.  I understand that I may not delegate the
759	responsibility for supervising work to a licensed
760	contractor who is not licensed to perform the work being
761	done. Any person working on my building who is not
762	licensed must work under my direct supervision and must be
763	employed by me, which means that I must comply with laws
764	requiring the withholding of federal income tax and social
765	security contributions under the Federal Insurance
766	Contributions Act (FICA) and must provide workers'
767	compensation for the employee. I understand that my
768	failure to follow these laws may subject me to serious
769	financial risk.
770
771	9.  I agree that, as the party legally and financially
772	responsible for this proposed construction activity, I
773	will abide by all applicable laws and requirements that
774	govern owner-builders as well as employers. I also
775	understand that the construction must comply with all
776	applicable laws, ordinances, building codes, and zoning
777	regulations.
778
779	10.  I understand that I may obtain more information
780	regarding my obligations as an employer from the Internal
781	Revenue Service, the United States Small Business
782	Administration, the Florida Department of Financial
783	Services, and the Florida Department of Revenue. I also
784	understand that I may contact the Florida Construction
785	Industry Licensing Board at ...(telephone number)... or
786	... (Internet website address)... for more information
787	about licensed contractors.
788
789	11.  I am aware of, and consent to, an owner-builder
790	building permit applied for in my name and understand that
791	I am the party legally and financially responsible for the
792	proposed construction activity at the following address:
793	...(address of property)....
794
795	12.  I agree to notify ...(issuer of disclosure
796	statements)... immediately of any additions, deletions, or
797	changes to any of the information that I have provided on
798	this disclosure.
799
800	Licensed contractors are regulated by laws designed to
801	protect the public. If you contract with a person who does
802	not have a license, the Construction Industry Licensing
803	Board and Department of Business and Professional
804	Regulation may be unable to assist you with any financial
805	loss that you sustain as a result of a complaint. Your
806	only remedy against an unlicensed contractor may be in
807	civil court. It is also important for you to understand
808	that, if an unlicensed contractor or employee of an
809	individual or firm is injured while working on your
810	property, you may be held liable for damages. If you
811	obtain an owner-builder permit and wish to hire a licensed
812	contractor, you will be responsible for verifying whether
813	the contractor is properly licensed and the status of the
814	contractor's workers' compensation coverage.
815
816	Before a building permit can be issued, this disclosure
817	statement must be completed and signed by the property
818	owner and returned to the local permitting agency
819	responsible for issuing the permit. A copy of the property
820	owner's driver license, the notarized signature of the
821	property owner, or other type of verification acceptable
822	to the local permitting agency is required when the permit
823	is issued.
824
825	Signature: ...(signature of property owner)....
826	Date: ...(date)....
827
828	State law requires construction to be done by licensed
829	contractors. You have applied for a permit under an exemption to
830	that law. The exemption allows you, as the owner of your
831	property, to act as your own contractor with certain
832	restrictions even though you do not have a license. You must
833	provide direct, onsite supervision of the construction yourself.
834	You may build or improve a one-family or two-family residence or
835	a farm outbuilding. You may also build or improve a commercial
836	building, provided your costs do not exceed $75,000. The
837	building or residence must be for your own use or occupancy. It
838	may not be built or substantially improved for sale or lease. If
839	you sell or lease a building you have built or substantially
840	improved yourself within 1 year after the construction is
841	complete, the law will presume that you built or substantially
842	improved it for sale or lease, which is a violation of this
843	exemption. You may not hire an unlicensed person to act as your
844	contractor or to supervise people working on your building. It
845	is your responsibility to make sure that people employed by you
846	have licenses required by state law and by county or municipal
847	licensing ordinances. You may not delegate the responsibility
848	for supervising work to a licensed contractor who is not
849	licensed to perform the work being done. Any person working on
850	your building who is not licensed must work under your direct
851	supervision and must be employed by you, which means that you
852	must deduct F.I.C.A. and withholding tax and provide workers'
853	compensation for that employee, all as prescribed by law. Your
854	construction must comply with all applicable laws, ordinances,
855	building codes, and zoning regulations.
856	Section 26.  Paragraph (q) of subsection (3) of section
857	489.105, Florida Statutes, is amended to read:
858	489.105  Definitions.--As used in this part:
859	(3)  "Contractor" means the person who is qualified for,
860	and shall only be responsible for, the project contracted for
861	and means, except as exempted in this part, the person who, for
862	compensation, undertakes to, submits a bid to, or does himself
863	or herself or by others construct, repair, alter, remodel, add
864	to, demolish, subtract from, or improve any building or
865	structure, including related improvements to real estate, for
866	others or for resale to others; and whose job scope is
867	substantially similar to the job scope described in one of the
868	subsequent paragraphs of this subsection. For the purposes of
869	regulation under this part, "demolish" applies only to
870	demolition of steel tanks over 50 feet in height; towers over 50
871	feet in height; other structures over 50 feet in height, other
872	than buildings or residences over three stories tall; and
873	buildings or residences over three stories tall. Contractors are
874	subdivided into two divisions, Division I, consisting of those
875	contractors defined in paragraphs (a)-(c), and Division II,
876	consisting of those contractors defined in paragraphs (d)-(q):
877	(q)  "Specialty contractor" means a contractor whose scope
878	of work and responsibility is limited to a particular phase of
879	construction established in a category adopted by board rule and
880	whose scope is limited to a subset of the activities described
881	in the categories established in one of the paragraphs of this
882	subsection.
883	Section 27.  Paragraphs (a) and (d) of subsection (1) of
884	section 489.109, Florida Statutes, are amended to read:
885	489.109  Fees.--
886	(1)  The board, by rule, shall establish reasonable fees to
887	be paid for applications, certification and renewal,
888	registration and renewal, and recordmaking and recordkeeping.
889	The fees shall be established as follows:
890	(a)  With respect to an applicant for a certificate, the
891	initial application fee may not exceed $150, and, if an
892	examination cost is included in the application fee, the
893	combined amount may not exceed $350. The initial certification
894	fee and the renewal fee may not exceed $250 $200. However, any
895	applicant who seeks certification under this part by taking a
896	practical examination must pay as an examination fee the actual
897	cost incurred by the department in developing, preparing,
898	administering, scoring, score reporting, and evaluating the
899	examination, if the examination is conducted by the department.
900	(d)  With respect to an application for registration or
901	certification to qualify a business organization, the initial
902	application fee and the renewal fee shall be $50 The board, by
903	rule, may establish a fee for transfer of a certificate of
904	authority from one business organization to another, not to
905	exceed the applicable renewal fee.
906	Section 28.  Section 489.114, Florida Statutes, is amended
907	to read:
908	489.114  Evidence of workers' compensation
909	coverage.--Except as provided in s. 489.115(5)(d), any person,
910	business organization, or qualifying agent engaged in the
911	business of contracting in this state and certified or
912	registered under this part shall, as a condition precedent to
913	the issuance or renewal of a certificate or, registration, or
914	certificate of authority of the contractor, provide to the
915	Construction Industry Licensing Board, as provided by board
916	rule, evidence of workers' compensation coverage pursuant to
917	chapter 440. In the event that the Division of Workers'
918	Compensation of the Department of Financial Services receives
919	notice of the cancellation of a policy of workers' compensation
920	insurance insuring a person or entity governed by this section,
921	the Division of Workers' Compensation shall certify and identify
922	all persons or entities by certification or registration license
923	number to the department after verification is made by the
924	Division of Workers' Compensation that persons or entities
925	governed by this section are no longer covered by workers'
926	compensation insurance. Such certification and verification by
927	the Division of Workers' Compensation may result from records
928	furnished to the Division of Workers' Compensation by the
929	persons or entities governed by this section or an investigation
930	completed by the Division of Workers' Compensation. The
931	department shall notify the persons or entities governed by this
932	section who have been determined to be in noncompliance with
933	chapter 440, and the persons or entities notified shall provide
934	certification of compliance with chapter 440 to the department
935	and pay an administrative fine in the amount of $500. The
936	failure to maintain workers' compensation coverage as required
937	by law shall be grounds for the board to revoke, suspend, or
938	deny the issuance or renewal of a certificate or, registration,
939	or certificate of authority of the contractor under the
940	provisions of s. 489.129.
941	Section 29.  Paragraph (b) of subsection (4) of section
942	489.115, Florida Statutes, is amended to read:
943	489.115  Certification and registration; endorsement;
944	reciprocity; renewals; continuing education.--
945	(4)
946	(b)1.  Each certificateholder or registrant shall provide
947	proof, in a form established by rule of the board, that the
948	certificateholder or registrant has completed at least 14
949	classroom hours of at least 50 minutes each of continuing
950	education courses during each biennium since the issuance or
951	renewal of the certificate or registration. The board shall
952	establish by rule that a portion of the required 14 hours must
953	deal with the subject of workers' compensation, business
954	practices, workplace safety, and, for applicable licensure
955	categories, wind mitigation methodologies, and 1 hour of which
956	must deal with laws and rules. The board shall by rule establish
957	criteria for the approval of continuing education courses and
958	providers, including requirements relating to the content of
959	courses and standards for approval of providers, and may by rule
960	establish criteria for accepting alternative nonclassroom
961	continuing education on an hour-for-hour basis. The board shall
962	prescribe by rule the continuing education, if any, which is
963	required during the first biennium of initial licensure. A
964	person who has been licensed for less than an entire biennium
965	must not be required to complete the full 14 hours of continuing
966	education.
967	2.  In addition, the board may approve specialized
968	continuing education courses on compliance with the wind
969	resistance provisions for one and two family dwellings contained
970	in the Florida Building Code and any alternate methodologies for
971	providing such wind resistance which have been approved for use
972	by the Florida Building Commission. Division I
973	certificateholders or registrants who demonstrate proficiency
974	upon completion of such specialized courses may certify plans
975	and specifications for one and two family dwellings to be in
976	compliance with the code or alternate methodologies, as
977	appropriate, except for dwellings located in floodways or
978	coastal hazard areas as defined in ss. 60.3D and E of the
979	National Flood Insurance Program.
980	3.  Each certificateholder or registrant shall provide to
981	the board proof of completion of the core curriculum courses, or
982	passing the equivalency test of the Building Code Training
983	Program established under s. 553.841, specific to the licensing
984	category sought, within 2 years after commencement of the
985	program or of initial certification or registration, whichever
986	is later. Classroom hours spent taking core curriculum courses
987	shall count toward the number required for renewal of
988	certificates or registration. A certificateholder or registrant
989	who passes the equivalency test in lieu of taking the core
990	curriculum courses shall receive full credit for core curriculum
991	course hours.
992	3.4.  The board shall require, by rule adopted pursuant to
993	ss. 120.536(1) and 120.54, a specified number of hours in
994	specialized or advanced module courses, approved by the Florida
995	Building Commission, on any portion of the Florida Building
996	Code, adopted pursuant to part IV of chapter 553, relating to
997	the contractor's respective discipline.
998	Section 30.  Paragraph (a) of subsection (1) and
999	subsections (4) and (5) of section 489.117, Florida Statutes,
1000	are amended to read:
1001	489.117  Registration; specialty contractors.--
1002	(1)(a)  Any person engaged in the business of a contractor
1003	as defined in s. 489.105(3)(a)-(o) must in the state shall be
1004	registered in the proper classification, unless he or she is
1005	certified. Any person entering the business of a contractor
1006	shall be registered before prior to engaging in business as a
1007	contractor in this state, unless he or she is certified. To be
1008	initially registered, the applicant shall submit the required
1009	fee and file evidence, in a form provided by the department, of
1010	holding a current local occupational license required by any
1011	municipality, county, or development district, if any, for the
1012	type of work for which registration is desired and evidence of
1013	successful compliance with the local examination and licensing
1014	requirements, if any, in the area for which registration is
1015	desired. An No examination is not shall be required for
1016	registration.
1017	(4)(a)  A person holding a local license whose job scope
1018	does not substantially correspond to either the job scope of one
1019	of the contractor categories defined in s. 489.105(3)(a)-(o), or
1020	the job scope of one of the certified specialty contractor
1021	categories previously established by board rule as of the
1022	effective date of this provision, is shall not be required to
1023	register with the board to perform contracting activities within
1024	the scope of such specialty license.
1025	(b)  A local jurisdiction may require an individual holding
1026	a local specialty contractor license in a category which
1027	pursuant to paragraph (a) does not permit registration to obtain
1028	a tracking registration from the board, provided that the board
1029	has established by rule that the activities which comprise the
1030	job scope of the local specialty contractor license involve
1031	lifesafety considerations and a significant potential danger to
1032	the consumer.
1033	(b)(c)  The local jurisdictions are shall be responsible
1034	for providing the following information to the board within 30
1035	days after licensure of, or any disciplinary action against, a
1036	locally licensed contractor who is registered under this part:
1037	1.  Licensure information.,
1038	2.  Code violation information pursuant to s. 553.781., and
1039	3.  Disciplinary information. on locally licensed
1040	individuals to the board within 30 days after licensure or any
1041	disciplinary action, and
1042
1043	The board shall maintain such licensure and disciplinary
1044	information as it is provided to the board them, and shall make
1045	the such information available through the automated information
1046	system provided pursuant to s. 455.2286. The biennial tracking
1047	registration fee shall not exceed $40.
1048	(c)(d)  Neither the board nor the department assumes any
1049	responsibility for providing discipline pursuant to having
1050	provided the tracking registration. Providing discipline to such
1051	locally licensed contractors is individuals shall be the
1052	responsibility of the local jurisdiction. Failure to obtain a
1053	tracking registration shall not be considered a violation of
1054	this chapter; however, a local jurisdiction requiring such
1055	tracking registration may levy such penalties for failure to
1056	obtain the tracking registration as it chooses to provide
1057	through local ordinance.
1058	(d)(e)  Any person who is not required to obtain
1059	registration or certification pursuant to s. 489.105(3)(d)-(o)
1060	may perform specialty contracting services for the construction,
1061	remodeling, repair, or improvement of single-family residences,
1062	including a townhouse as defined in the Florida Building Code,
1063	without obtaining a local professional license if such person is
1064	under the supervision of a certified or registered general,
1065	building, or residential contractor. As used in this paragraph,
1066	supervision shall not be deemed to require the existence of a
1067	direct contract between the certified or registered general,
1068	building, or residential contractor and the person performing
1069	specialty contracting services.
1070	(5)  In order to establish uniformity among the job scopes
1071	established by local jurisdictions, the board shall, by rule,
1072	establish the job scope for any licensure category registered by
1073	the board under this part. The board shall not arbitrarily limit
1074	such scopes and shall restrict the job scopes only to the
1075	minimum extent necessary to ensure uniformity.
1076	Section 31.  Section 489.119, Florida Statutes, is amended
1077	to read:
1078	489.119  Business organizations; qualifying agents.--
1079	(1)  If an individual proposes to engage in contracting in
1080	the individual's own name, or a fictitious name where the
1081	individual is doing business as a sole proprietorship,
1082	registration or certification may be issued only to that
1083	individual.
1084	(2)  If the applicant proposes to engage in contracting as
1085	a business organization, including any partnership, corporation,
1086	business trust, or other legal entity, or in any name other than
1087	the applicant's legal name or a fictitious name where the
1088	applicant is doing business as a sole proprietorship, the
1089	applicant business organization must apply for registration or
1090	certification as the for a certificate of authority through a
1091	qualifying agent of the business organization and under the
1092	fictitious name, if any.
1093	(a)  An The application for registration or certification
1094	to qualify a business organization a certificate of authority
1095	must state the name of the partnership and of its partners; the
1096	name of the corporation and of its officers and directors and
1097	the name of each of its stockholders who is also an officer or
1098	director; the name of the business trust and its trustees; or
1099	the name of such other legal entity and its members; and must
1100	state the fictitious name, if any, under which the business
1101	organization is doing business.
1102	(b)1.  An The application for registration or certification
1103	to qualify a business organization primary qualifying agent must
1104	include an affidavit on a form provided by the board attesting
1105	that the applicant has final approval authority for all
1106	construction work performed by the business organization entity
1107	and that the applicant has final approval authority on all
1108	business matters, including contracts, specifications, checks,
1109	drafts, or payments, regardless of the form of payment, made by
1110	the business organization entity, except where a financially
1111	responsible officer is approved.
1112	2.  The application for financially responsible officer
1113	must include an affidavit on a form provided by the board
1114	attesting that the applicant's approval is required for all
1115	checks, drafts, or payments, regardless of the form of payment,
1116	made by the business organization entity and that the applicant
1117	has authority to act for the business organization in all
1118	financial matters.
1119	3.  The application for secondary qualifying agent must
1120	include an affidavit on a form provided by the board attesting
1121	that the applicant has authority to supervise all construction
1122	work performed by the business organization entity as provided
1123	in s. 489.1195(2).
1124	(c)  The board may deny an application for registration or
1125	certification to qualify a business organization if the
1126	applicant, or any person listed in paragraph (a), has been
1127	involved in past disciplinary actions or on any grounds for
1128	which an individual registration or certification may be denied.
1129	(d)(b)  The applicant must furnish evidence of statutory
1130	compliance if a fictitious name is used, the provisions of s.
1131	865.09(7) notwithstanding.
1132	(e)(c)  A joint venture, including a joint venture composed
1133	of qualified business organizations, is itself a separate and
1134	distinct organization that must be qualified and obtain a
1135	certificate of authority in accordance with board rules.
1136	(d)  A certificate of authority must be renewed every 2
1137	years. If there is a change in any information that is required
1138	to be stated on the application, the business organization
1139	shall, within 45 days after such change occurs, mail the correct
1140	information to the department.
1141	(3)(a)  A The qualifying agent must shall be certified or
1142	registered under this part in order for the business
1143	organization to operate be issued a certificate of authority in
1144	the category of contracting in the business conducted for which
1145	the qualifying agent is certified or registered. If any
1146	qualifying agent ceases to be affiliated with a such business
1147	organization, he or she shall so inform the department. In
1148	addition, if the such qualifying agent is the only certified or
1149	registered contractor affiliated with the business organization,
1150	the business organization shall notify the department of the
1151	termination of the qualifying agent and shall have 60 days from
1152	the termination of the qualifying agent's affiliation with the
1153	business organization in which to employ another qualifying
1154	agent. The business organization may not engage in contracting
1155	until a qualifying agent is employed, unless the executive
1156	director or chair of the board has granted a temporary
1157	nonrenewable certificate or registration to the financially
1158	responsible officer, the president, a partner, or, in the case
1159	of a limited partnership, the general partner, who assumes all
1160	responsibilities of a primary qualifying agent for the business
1161	organization entity. This temporary certificate or registration
1162	shall only allow the business organization entity to proceed
1163	with incomplete contracts. For the purposes of this paragraph,
1164	an incomplete contract is one which has been awarded to, or
1165	entered into by, the business organization prior to the
1166	cessation of affiliation of the qualifying agent with the
1167	business organization or one on which the business organization
1168	was the low bidder and the contract is subsequently awarded,
1169	regardless of whether any actual work has commenced under the
1170	contract prior to the qualifying agent ceasing to be affiliated
1171	with the business organization.
1172	(b)  The qualifying agent shall inform the department in
1173	writing when he or she proposes to engage in contracting in his
1174	or her own name or in affiliation with another business
1175	organization, and he or she or such new business organization
1176	shall supply the same information to the department as required
1177	of applicants under this part.
1178	(c)  Upon a favorable determination by the board, after
1179	investigation of the financial responsibility, credit, and
1180	business reputation of the qualifying agent and the new business
1181	organization, the department shall issue, without an
1182	examination, a new certificate of authority in the business
1183	organization's name.
1184	(4)  Disciplinary action against a business organization
1185	holding a certificate of authority shall be administered in the
1186	same manner and on the same grounds as disciplinary action
1187	against a contractor. The board may deny the certification of
1188	any person cited in subsection (2) if the person has been
1189	involved in past disciplinary actions or on any grounds for
1190	which individual certification can be denied.
1191	(4)(5)  When a certified qualifying agent, on behalf of a
1192	business organization, makes application for a business tax
1193	receipt an occupational license in any municipality or county of
1194	this state, the application shall be made with the tax collector
1195	in the name of the business organization and the qualifying
1196	agent; and the license, when issued, shall be issued to the
1197	business organization, upon payment of the appropriate licensing
1198	fee and exhibition to the tax collector of a valid certificate
1199	for the qualifying agent and a valid certificate of authority
1200	for the business organization issued by the department, and the
1201	state license numbers shall be noted thereon.
1202	(5)(6)(a)  Each registered or certified contractor shall
1203	affix the number of his or her registration or certification to
1204	each application for a building permit and on each building
1205	permit issued and recorded. Each city or county building
1206	department shall require, as a precondition for the issuance of
1207	the building permit, that the contractor taking out the permit
1208	must provide verification giving his or her Construction
1209	Industry Licensing Board registration or certification number.
1210	(b)  The registration or certification number of each
1211	contractor or certificate of authority number for each business
1212	organization shall appear in each offer of services, business
1213	proposal, bid, contract, or advertisement, regardless of medium,
1214	as defined by board rule, used by that contractor or business
1215	organization in the practice of contracting.
1216	(c)  If a vehicle bears the name of a contractor or
1217	business organization, or any text or artwork which would lead a
1218	reasonable person to believe that the vehicle is used for
1219	contracting, the registration or certification number of the
1220	contractor or certificate of authority number of the business
1221	organization must be conspicuously and legibly displayed with
1222	the name, text, or artwork. Local governments may also require
1223	that locally licensed contractors must also display their
1224	certificate of competency or license numbers. Nothing in this
1225	paragraph shall be construed to create a mandatory vehicle
1226	signage requirement.
1227	(d)  For the purposes of this part, the term
1228	"advertisement" does not include business stationery or any
1229	promotional novelties such as balloons, pencils, trinkets, or
1230	articles of clothing.
1231	(e)  The board shall issue a notice of noncompliance for
1232	the first offense, and may assess a fine or issue a citation for
1233	failure to correct the offense within 30 days or for any
1234	subsequent offense, to any contractor or business organization
1235	that fails to include the certification or, registration, or
1236	certificate of authority number as required by this part when
1237	submitting an advertisement for publication, broadcast, or
1238	printing or fails to display the certification or, registration,
1239	or certificate of authority number as required by this part.
1240	(f)  In addition to any other penalty prescribed by law, a
1241	local government may impose a civil fine pursuant to s.
1242	489.127(5) against a person who is not certified or registered
1243	under this part if the person:
1244	1.  Claims to be licensed in any offer of services,
1245	business proposal, bid, contract, or advertisement, but who does
1246	not possess a valid competency-based license issued by a local
1247	government in this state to perform the specified construction
1248	services; or
1249	2.  Claims to be insured in any offer of services, business
1250	proposal, bid, contract, or advertisement, but whose performance
1251	of the subject work is not covered by a general liability or
1252	workers' compensation insurance policy.
1253	(6)(7)  Each qualifying agent shall pay the department an
1254	amount equal to the original fee for registration or
1255	certification to qualify a certificate of authority of a new
1256	business organization. If the qualifying agent for a business
1257	organization desires to qualify additional business
1258	organizations, the board shall require the qualifying agent him
1259	or her to present evidence of his or her ability to supervise
1260	the construction activities and financial responsibility of each
1261	such organization. Approval of each business organization The
1262	issuance of such certificate of authority is discretionary with
1263	the board.
1264	(7)(8)(a)  A business organization proposing to engage in
1265	contracting is not required to apply for or obtain authorization
1266	under this part to engage in contracting if:
1267	1.  The business organization employs one or more
1268	registered or certified contractors licensed in accordance with
1269	this part who are responsible for obtaining permits and
1270	supervising all of the business organization's contracting
1271	activities;
1272	2.  The business organization engages only in contracting
1273	on property owned by the business organization or by its parent,
1274	subsidiary, or affiliated entities; and
1275	3.  The business organization, or its parent entity if the
1276	business organization is a wholly owned subsidiary, maintains a
1277	minimum net worth of $20 million.
1278	(b)  Any business organization engaging in contracting
1279	under this subsection shall provide the board with the name and
1280	license number of each registered or certified contractor
1281	employed by the business organization to supervise its
1282	contracting activities. The business organization is not
1283	required to post a bond or otherwise evidence any financial or
1284	credit information except as necessary to demonstrate compliance
1285	with paragraph (a).
1286	(c)  A registered or certified contractor employed by a
1287	business organization to supervise its contracting activities
1288	under this subsection shall not be required to post a bond or
1289	otherwise evidence any personal financial or credit information
1290	so long as the individual performs contracting activities
1291	exclusively on behalf of a business organization meeting all of
1292	the requirements of paragraph (a).
1293	Section 32.  Subsection (1) of section 489.127, Florida
1294	Statutes, is amended to read:
1295	489.127  Prohibitions; penalties.--
1296	(1)  No person shall:
1297	(a)  Falsely hold himself or herself or a business
1298	organization out as a licensee, certificateholder, or
1299	registrant;
1300	(b)  Falsely impersonate a certificateholder or registrant;
1301	(c)  Present as his or her own the certificate or,
1302	registration, or certificate of authority of another;
1303	(d)  Knowingly give false or forged evidence to the board
1304	or a member thereof;
1305	(e)  Use or attempt to use a certificate or, registration
1306	that, or certificate of authority which has been suspended or
1307	revoked;
1308	(f)  Engage in the business or act in the capacity of a
1309	contractor or advertise himself or herself or a business
1310	organization as available to engage in the business or act in
1311	the capacity of a contractor without being duly registered or
1312	certified or having a certificate of authority;
1313	(g)  Operate a business organization engaged in contracting
1314	after 60 days following the termination of its only qualifying
1315	agent without designating another primary qualifying agent,
1316	except as provided in ss. 489.119 and 489.1195;
1317	(h)  Commence or perform work for which a building permit
1318	is required pursuant to part IV of chapter 553 without such
1319	building permit being in effect; or
1320	(i)  Willfully or deliberately disregard or violate any
1321	municipal or county ordinance relating to uncertified or
1322	unregistered contractors.
1323
1324	For purposes of this subsection, a person or business
1325	organization operating on an inactive or suspended certificate
1326	or, registration, or certificate of authority is not duly
1327	certified or registered and is considered unlicensed. A business
1328	tax receipt issued under the authority of chapter 205 is not a
1329	license for purposes of this part.
1330	Section 33.  Effective upon this act becoming a law,
1331	paragraph (a) of subsection (1) of section 489.128, Florida
1332	Statutes, is amended to read:
1333	489.128  Contracts entered into by unlicensed contractors
1334	unenforceable.--
1335	(1)  As a matter of public policy, contracts entered into
1336	on or after October 1, 1990, by an unlicensed contractor shall
1337	be unenforceable in law or in equity by the unlicensed
1338	contractor.
1339	(a)  For purposes of this section, an individual is
1340	unlicensed if the individual does not have a license required by
1341	this part concerning the scope of the work to be performed under
1342	the contract. A business organization is unlicensed if the
1343	business organization does not have a primary or secondary
1344	qualifying agent in accordance with this part concerning the
1345	scope of the work to be performed under the contract. For
1346	purposes of this section, if a no state or local license is not
1347	required for the scope of work to be performed under the
1348	contract, the individual performing that work is shall not be
1349	considered unlicensed.
1350	Section 34.  Paragraph (b) of subsection (1) of section
1351	489.128, Florida Statutes, is amended to read:
1352	489.128  Contracts entered into by unlicensed contractors
1353	unenforceable.--
1354	(1)  As a matter of public policy, contracts entered into
1355	on or after October 1, 1990, by an unlicensed contractor shall
1356	be unenforceable in law or in equity by the unlicensed
1357	contractor.
1358	(b)  For purposes of this section, an individual or
1359	business organization may not be considered unlicensed for
1360	failing to have a business tax receipt issued under the
1361	authority of chapter 205. A business organization may not be
1362	considered unlicensed for failing to have a certificate of
1363	authority as required by ss. 489.119 and 489.127. For purposes
1364	of this section, a business organization entering into the
1365	contract may not be considered unlicensed if, before the date
1366	established by paragraph (c), an individual possessing a license
1367	required by this part concerning the scope of the work to be
1368	performed under the contract has submitted an application for a
1369	certificate of authority designating that individual as a
1370	qualifying agent for the business organization entering into the
1371	contract, and the application was not acted upon by the
1372	department or applicable board within the time limitations
1373	imposed by s. 120.60.
1374	Section 35.  Subsections (1), (5), and (7) of section
1375	489.129, Florida Statutes, are amended to read:
1376	489.129  Disciplinary proceedings.--
1377	(1)  The board may take any of the following actions
1378	against any certificateholder or registrant: place on probation
1379	or reprimand the licensee, revoke, suspend, or deny the issuance
1380	or renewal of the certificate or, registration, or certificate
1381	of authority, require financial restitution to a consumer for
1382	financial harm directly related to a violation of a provision of
1383	this part, impose an administrative fine not to exceed $10,000
1384	per violation, require continuing education, or assess costs
1385	associated with investigation and prosecution, if the
1386	contractor, financially responsible officer, or business
1387	organization for which the contractor is a primary qualifying
1388	agent, a financially responsible officer, or a secondary
1389	qualifying agent responsible under s. 489.1195 is found guilty
1390	of any of the following acts:
1391	(a)  Obtaining a certificate or, registration, or
1392	certificate of authority by fraud or misrepresentation.
1393	(b)  Being convicted or found guilty of, or entering a plea
1394	of nolo contendere to, regardless of adjudication, a crime in
1395	any jurisdiction which directly relates to the practice of
1396	contracting or the ability to practice contracting.
1397	(c)  Violating any provision of chapter 455.
1398	(d)  Performing any act which assists a person or entity in
1399	engaging in the prohibited uncertified and unregistered practice
1400	of contracting, if the certificateholder or registrant knows or
1401	has reasonable grounds to know that the person or entity was
1402	uncertified and unregistered.
1403	(e)  Knowingly combining or conspiring with an uncertified
1404	or unregistered person by allowing his or her certificate or,
1405	registration, or certificate of authority to be used by the
1406	uncertified or unregistered person with intent to evade the
1407	provisions of this part. When a certificateholder or registrant
1408	allows his or her certificate or registration to be used by one
1409	or more business organizations without having any active
1410	participation in the operations, management, or control of such
1411	business organizations, such act constitutes prima facie
1412	evidence of an intent to evade the provisions of this part.
1413	(f)  Acting in the capacity of a contractor under any
1414	certificate or registration issued hereunder except in the name
1415	of the certificateholder or registrant as set forth on the
1416	issued certificate or registration, or in accordance with the
1417	personnel of the certificateholder or registrant as set forth in
1418	the application for the certificate or registration, or as later
1419	changed as provided in this part.
1420	(g)  Committing mismanagement or misconduct in the practice
1421	of contracting that causes financial harm to a customer.
1422	Financial mismanagement or misconduct occurs when:
1423	1.  Valid liens have been recorded against the property of
1424	a contractor's customer for supplies or services ordered by the
1425	contractor for the customer's job; the contractor has received
1426	funds from the customer to pay for the supplies or services; and
1427	the contractor has not had the liens removed from the property,
1428	by payment or by bond, within 75 days after the date of such
1429	liens;
1430	2.  The contractor has abandoned a customer's job and the
1431	percentage of completion is less than the percentage of the
1432	total contract price paid to the contractor as of the time of
1433	abandonment, unless the contractor is entitled to retain such
1434	funds under the terms of the contract or refunds the excess
1435	funds within 30 days after the date the job is abandoned; or
1436	3.  The contractor's job has been completed, and it is
1437	shown that the customer has had to pay more for the contracted
1438	job than the original contract price, as adjusted for subsequent
1439	change orders, unless such increase in cost was the result of
1440	circumstances beyond the control of the contractor, was the
1441	result of circumstances caused by the customer, or was otherwise
1442	permitted by the terms of the contract between the contractor
1443	and the customer.
1444	(h)  Being disciplined by any municipality or county for an
1445	act or violation of this part.
1446	(i)  Failing in any material respect to comply with the
1447	provisions of this part or violating a rule or lawful order of
1448	the board.
1449	(j)  Abandoning a construction project in which the
1450	contractor is engaged or under contract as a contractor. A
1451	project may be presumed abandoned after 90 days if the
1452	contractor terminates the project without just cause or without
1453	proper notification to the owner, including the reason for
1454	termination, or fails to perform work without just cause for 90
1455	consecutive days.
1456	(k)  Signing a statement with respect to a project or
1457	contract falsely indicating that the work is bonded; falsely
1458	indicating that payment has been made for all subcontracted
1459	work, labor, and materials which results in a financial loss to
1460	the owner, purchaser, or contractor; or falsely indicating that
1461	workers' compensation and public liability insurance are
1462	provided.
1463	(l)  Committing fraud or deceit in the practice of
1464	contracting.
1465	(m)  Committing incompetency or misconduct in the practice
1466	of contracting.
1467	(n)  Committing gross negligence, repeated negligence, or
1468	negligence resulting in a significant danger to life or
1469	property.
1470	(o)  Proceeding on any job without obtaining applicable
1471	local building department permits and inspections.
1472	(p)  Intimidating, threatening, coercing, or otherwise
1473	discouraging the service of a notice to owner under part I of
1474	chapter 713 or a notice to contractor under chapter 255 or part
1475	I of chapter 713.
1476	(q)  Failing to satisfy within a reasonable time, the terms
1477	of a civil judgment obtained against the licensee, or the
1478	business organization qualified by the licensee, relating to the
1479	practice of the licensee's profession.
1480
1481	For the purposes of this subsection, construction is considered
1482	to be commenced when the contract is executed and the contractor
1483	has accepted funds from the customer or lender. A contractor
1484	does not commit a violation of this subsection when the
1485	contractor relies on a building code interpretation rendered by
1486	a building official or person authorized by s. 553.80 to enforce
1487	the building code, absent a finding of fraud or deceit in the
1488	practice of contracting, or gross negligence, repeated
1489	negligence, or negligence resulting in a significant danger to
1490	life or property on the part of the building official, in a
1491	proceeding under chapter 120.
1492	(5)  The board may not reinstate the certification or,
1493	registration, or certificate of authority of, or cause a
1494	certificate or, registration, or certificate of authority to be
1495	issued to, a person who or business organization which the board
1496	has determined is unqualified or whose certificate or,
1497	registration, or certificate of authority the board has
1498	suspended until it is satisfied that such person or business
1499	organization has complied with all the terms and conditions set
1500	forth in the final order and is capable of competently engaging
1501	in the business of contracting.
1502	(7)  The board shall not issue or renew a certificate or,
1503	registration, or certificate of authority to any person or
1504	business organization that has been assessed a fine, interest,
1505	or costs associated with investigation and prosecution, or has
1506	been ordered to pay restitution, until such fine, interest, or
1507	costs associated with investigation and prosecution or
1508	restitution are paid in full or until all terms and conditions
1509	of the final order have been satisfied.
1510	Section 36.  Subsection (5) of section 489.132, Florida
1511	Statutes, is amended to read:
1512	489.132  Prohibited acts by unlicensed principals;
1513	investigation; hearing; penalties.--
1514	(5)  The department may suspend, revoke, or deny issuance
1515	or renewal of a certificate or, registration, or certificate of
1516	authority for any individual or business organization that
1517	associates a person as an officer, director, or partner, or in a
1518	managerial or supervisory capacity, after such person has been
1519	found under a final order to have violated this section or was
1520	an officer, director, partner, trustee, or manager of a business
1521	organization disciplined by the board by revocation, suspension,
1522	or fine in excess of $2,500, upon finding reasonable cause that
1523	such person knew or reasonably should have known of the conduct
1524	leading to the discipline.
1525	Section 37.  Subsection (1) of section 489.1455, Florida
1526	Statutes, is amended to read:
1527	489.1455  Journeyman; reciprocity; standards.--
1528	(1)  An individual who holds a valid, active journeyman
1529	license in the plumbing/pipe fitting, mechanical, or HVAC trades
1530	issued by any county or municipality in this state may work as a
1531	journeyman in the trade in which he or she is licensed in any
1532	county or municipality of this state without taking an
1533	additional examination or paying an additional license fee, if
1534	he or she:
1535	(a)  Has scored at least 70 percent, or after October 1,
1536	1997, at least 75 percent, on a proctored journeyman Block and
1537	Associates examination or other proctored examination approved
1538	by the board for the trade in which he or she is licensed;
1539	(b)  Has completed an apprenticeship program registered
1540	with the Department of Labor and Employment Security and
1541	demonstrates 4 years' verifiable practical experience in the
1542	trade for which he or she is licensed, or demonstrates 6 years'
1543	verifiable practical experience in the trade for which he or she
1544	is licensed;
1545	(c)  Has satisfactorily completed specialized and advanced
1546	module coursework approved by the Florida Building Commission,
1547	as part of the Building Code Training Program established in s.
1548	553.841, specific to the discipline, and successfully completed
1549	the program's core curriculum courses or passed an equivalency
1550	test in lieu of taking the core curriculum courses and provided
1551	proof of completion of such curriculum courses or examination
1552	and obtained a certificate from the board pursuant to this part
1553	or, pursuant to authorization by the certifying authority,
1554	provides proof of completion of such curriculum or coursework
1555	within 6 months after such certification; and
1556	(d)  Has not had a license suspended or revoked within the
1557	last 5 years.
1558	Section 38.  Subsection (19) of section 489.505, Florida
1559	Statutes, is amended to read:
1560	489.505  Definitions.--As used in this part:
1561	(19)  "Specialty contractor" means a contractor whose scope
1562	of practice is limited to a specific segment of electrical or
1563	alarm system contracting established in a category adopted by
1564	board rule, including, but not limited to, residential
1565	electrical contracting, maintenance of electrical fixtures, and
1566	fabrication, erection, installation, and maintenance of
1567	electrical advertising signs together with the interrelated
1568	parts and supports thereof. Categories of specialty contractor
1569	shall be established by board rule.
1570	Section 39.  Subsections (5), (6), and (7) of section
1571	489.513, Florida Statutes, are amended to read:
1572	489.513  Registration; application; requirements.--
1573	(5)  Registration permits the registrant to engage in
1574	contracting only in the area and for the type of work covered by
1575	the registration, unless local licenses are issued for other
1576	areas and types of work or unless certification is obtained.
1577	When a registrant desires to register in an additional area of
1578	the state, he or she shall first comply with any local
1579	requirements of that area and then file a request with the
1580	department, together with evidence of holding a current
1581	occupational license or license issued by the county or
1582	municipality for the area or areas in which he or she desires to
1583	be registered, whereupon his or her evidence of registration
1584	shall be endorsed by the department to reflect valid
1585	registration for the new area or areas.
1586	(6)  The local jurisdictions are shall be responsible for
1587	providing the following information to the board within 30 days
1588	after licensure of, or any disciplinary action against, a
1589	locally licensed contractor who is registered under this part:
1590	(a)  Licensure information.,
1591	(b)  Code violation information pursuant to s. 553.781.,
1592	and
1593	(c)  Disciplinary information. on locally licensed
1594	individuals to the board within 30 days after licensure or any
1595	disciplinary action, and
1596
1597	The board shall maintain such licensure and disciplinary
1598	information as it is provided to the board them, and shall make
1599	the such information available through the automated information
1600	system provided pursuant to s. 455.2286.
1601	(7)  In order to establish uniformity among the job scopes
1602	established by local jurisdictions, the board shall, by rule,
1603	establish the job scope for any licensure category registered by
1604	the board under this part. The board shall not arbitrarily limit
1605	such scopes and shall restrict the job scopes only to the
1606	minimum extent necessary to ensure uniformity.
1607	Section 40.  Subsection (3) of section 489.516, Florida
1608	Statutes, is amended to read:
1609	489.516  Qualifications to practice; restrictions;
1610	prerequisites.--
1611	(3)  When a certificateholder desires to engage in
1612	contracting in any area of the state, as a prerequisite
1613	therefor, he or she shall only be required to exhibit to the
1614	local building official, tax collector, or other authorized
1615	person in charge of the issuance of licenses and building or
1616	electrical permits in the area evidence of holding a current
1617	certificate and a current business tax receipt issued by the
1618	jurisdiction in which the certificateholder's principal place of
1619	business is located, and having paid to pay the fee for the
1620	occupational license and permit required of other persons.
1621	However, a local construction regulation board may deny the
1622	issuance of an electrical permit to a certified contractor, or
1623	issue a permit with specific conditions, if the local
1624	construction regulation board has found such contractor, through
1625	the public hearing process, to be guilty of fraud or a willful
1626	building code violation within the county or municipality that
1627	the local construction regulation board represents, or if the
1628	local construction regulation board has proof that such
1629	contractor, through the public hearing process, has been found
1630	guilty, in another county or municipality within the past 12
1631	months, of fraud or a willful building code violation and finds,
1632	after providing notice to the contractor, that such fraud or
1633	violation would have been fraud or a violation if committed in
1634	the county or municipality that the local construction board
1635	represents. Notification of and information concerning such
1636	permit denial shall be submitted to the Department of Business
1637	and Professional Regulation within 15 days after the local
1638	construction regulation board decides to deny the permit.
1639	Section 41.  Subsection (3) of section 489.517, Florida
1640	Statutes, is amended to read:
1641	489.517  Renewal of certificate or registration; continuing
1642	education.--
1643	(3)(a)  Each certificateholder or registrant shall provide
1644	proof, in a form established by rule of the board, that the
1645	certificateholder or registrant has completed at least 14
1646	classroom hours of at least 50 minutes each of continuing
1647	education courses during each biennium since the issuance or
1648	renewal of the certificate or registration. The board shall by
1649	rule establish criteria for the approval of continuing education
1650	courses and providers and may by rule establish criteria for
1651	accepting alternative nonclassroom continuing education on an
1652	hour-for-hour basis.
1653	(b)  Each certificateholder or registrant shall provide to
1654	the board proof of completion of the core curriculum courses or
1655	passing the equivalency test of the Building Code Training
1656	Program established under s. 553.841, specific to the licensing
1657	category sought, within 2 years after commencement of the
1658	program or of initial certification or registration, whichever
1659	is later. Classroom hours spent taking core curriculum courses
1660	shall count toward the number required for renewal of
1661	certificate or registration. A certificateholder or registrant
1662	who passes the equivalency test in lieu of taking the core
1663	curriculum courses shall receive full credit for core curriculum
1664	course hours.
1665	Section 42.  Subsection (6) of section 489.521, Florida
1666	Statutes, is amended to read:
1667	489.521  Business organizations; qualifying agents.--
1668	(6)  When a business organization qualified to engage in
1669	contracting makes application for a business tax receipt an
1670	occupational license in any municipality or county of this
1671	state, the application shall be made with the tax collector in
1672	the name of the business organization, and the business tax
1673	receipt license, when issued, shall be issued to the business
1674	organization upon payment of the appropriate licensing fee and
1675	exhibition to the tax collector of a valid certificate issued by
1676	the department.
1677	Section 43.  Section 489.5315, Florida Statutes, is amended
1678	to read:
1679	489.5315  Proprietary electrical or alarm
1680	contractors.--Businesses that obtain an electrical or burglar
1681	alarm system license to work only on their own equipment, and
1682	that do not offer electrical or alarm contracting services to
1683	the public, are not electrical or burglar alarm system
1684	contracting businesses and do not have to obtain a business tax
1685	receipt an occupational license in addition to any they are
1686	otherwise required to have.
1687	Section 44.  Effective upon this act becoming a law,
1688	paragraph (a) of subsection (1) of section 489.532, Florida
1689	Statutes, is amended to read:
1690	489.532  Contracts entered into by unlicensed contractors
1691	unenforceable.--
1692	(1)  As a matter of public policy, contracts entered into
1693	on or after October 1, 1990, by an unlicensed contractor shall
1694	be unenforceable in law or in equity by the unlicensed
1695	contractor.
1696	(a)  For purposes of this section, an individual is
1697	unlicensed if the individual does not have a license required by
1698	this part concerning the scope of the work to be performed under
1699	the contract. A business organization is unlicensed if the
1700	business organization does not have a primary or secondary
1701	qualifying agent in accordance with this part concerning the
1702	scope of the work to be performed under the contract. For
1703	purposes of this section, if a no state or local license is not
1704	required for the scope of work to be performed under the
1705	contract, the individual performing that work is shall not be
1706	considered unlicensed.
1707	Section 45.  Paragraph (b) of subsection (3) of section
1708	489.537, Florida Statutes, is amended to read:
1709	489.537  Application of this part.--
1710	(3)  Nothing in this act limits the power of a municipality
1711	or county:
1712	(b)  To collect fees for business tax receipts occupational
1713	licenses and inspections for engaging in contracting or
1714	examination fees from persons who are registered with the local
1715	boards pursuant to local examination requirements.
1716	Section 46.  Section 509.233, Florida Statutes, is amended
1717	to read:
1718	509.233  Public food service establishment requirements;
1719	local exemption for dogs in designated outdoor portions; pilot
1720	program.--
1721	(1)  INTENT.--It is the intent of the Legislature by this
1722	section to establish a 3-year pilot program for local
1723	governments to allow patrons' dogs within certain designated
1724	outdoor portions of public food service establishments.
1725	(1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
1726	509.032(7), the governing body of a local government may
1727	participating in the pilot program is authorized to establish,
1728	by ordinance, a local exemption procedure to certain provisions
1729	of the Food and Drug Administration Food Code, as currently
1730	adopted by the division, in order to allow patrons' dogs within
1731	certain designated outdoor portions of public food service
1732	establishments.
1733	(2)(3)  LOCAL DISCRETION; CODIFICATION.--
1734	(a)  The adoption of the local exemption procedure shall be
1735	at the sole discretion of the governing body of a participating
1736	local government. Nothing in this section shall be construed to
1737	require or compel a local governing body to adopt an ordinance
1738	pursuant to this section.
1739	(b)  Any ordinance adopted pursuant to this section shall
1740	provide for codification within the land development code of a
1741	participating local government.
1742	(3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
1743	(a)  Any local exemption procedure adopted pursuant to this
1744	section shall only provide a variance to those portions of the
1745	currently adopted Food and Drug Administration Food Code in
1746	order to allow patrons' dogs within certain designated outdoor
1747	portions of public food service establishments.
1748	(b)  In order to protect the health, safety, and general
1749	welfare of the public, the local exemption procedure shall
1750	require participating public food service establishments to
1751	apply for and receive a permit from the governing body of the
1752	local government before allowing patrons' dogs on their
1753	premises. The local government shall require from the applicant
1754	such information as the local government deems reasonably
1755	necessary to enforce the provisions of this section, but shall
1756	require, at a minimum, the following information:
1757	1.  The name, location, and mailing address of the public
1758	food service establishment.
1759	2.  The name, mailing address, and telephone contact
1760	information of the permit applicant.
1761	3.  A diagram and description of the outdoor area to be
1762	designated as available to patrons' dogs, including dimensions
1763	of the designated area; a depiction of the number and placement
1764	of tables, chairs, and restaurant equipment, if any; the
1765	entryways and exits to the designated outdoor area; the
1766	boundaries of the designated area and of other areas of outdoor
1767	dining not available for patrons' dogs; any fences or other
1768	barriers; surrounding property lines and public rights-of-way,
1769	including sidewalks and common pathways; and such other
1770	information reasonably required by the permitting authority. The
1771	diagram or plan shall be accurate and to scale but need not be
1772	prepared by a licensed design professional.
1773	4.  A description of the days of the week and hours of
1774	operation that patrons' dogs will be permitted in the designated
1775	outdoor area.
1776	(c)  In order to protect the health, safety, and general
1777	welfare of the public, the local exemption ordinance shall
1778	include such regulations and limitations as deemed necessary by
1779	the participating local government and shall include, but not be
1780	limited to, the following requirements:
1781	1.  All public food service establishment employees shall
1782	wash their hands promptly after touching, petting, or otherwise
1783	handling dogs. Employees shall be prohibited from touching,
1784	petting, or otherwise handling dogs while serving food or
1785	beverages or handling tableware or before entering other parts
1786	of the public food service establishment.
1787	2.  Patrons in a designated outdoor area shall be advised
1788	that they should wash their hands before eating. Waterless hand
1789	sanitizer shall be provided at all tables in the designated
1790	outdoor area.
1791	3.  Employees and patrons shall be instructed that they
1792	shall not allow dogs to come into contact with serving dishes,
1793	utensils, tableware, linens, paper products, or any other items
1794	involved in food service operations.
1795	4.  Patrons shall keep their dogs on a leash at all times
1796	and shall keep their dogs under reasonable control.
1797	5.  Dogs shall not be allowed on chairs, tables, or other
1798	furnishings.
1799	6.  All table and chair surfaces shall be cleaned and
1800	sanitized with an approved product between seating of patrons.
1801	Spilled food and drink shall be removed from the floor or ground
1802	between seating of patrons.
1803	7.  Accidents involving dog waste shall be cleaned
1804	immediately and the area sanitized with an approved product. A
1805	kit with the appropriate materials for this purpose shall be
1806	kept near the designated outdoor area.
1807	8.  A sign or signs reminding employees of the applicable
1808	rules shall be posted on premises in a manner and place as
1809	determined by the local permitting authority.
1810	9.  A sign or signs reminding patrons of the applicable
1811	rules shall be posted on premises in a manner and place as
1812	determined by the local permitting authority.
1813	10.  A sign or signs shall be posted in a manner and place
1814	as determined by the local permitting authority that places the
1815	public on notice that the designated outdoor area is available
1816	for the use of patrons and patrons' dogs.
1817	11.  Dogs shall not be permitted to travel through indoor
1818	or nondesignated outdoor portions of the public food service
1819	establishment, and ingress and egress to the designated outdoor
1820	portions of the public food service establishment must not
1821	require entrance into or passage through any indoor area of the
1822	food establishment.
1823	(d)  A permit issued pursuant to this section shall not be
1824	transferred to a subsequent owner upon the sale of a public food
1825	service establishment but shall expire automatically upon the
1826	sale of the establishment. The subsequent owner shall be
1827	required to reapply for a permit pursuant to this section if the
1828	subsequent owner wishes to continue to accommodate patrons'
1829	dogs.
1830	(4)(5)  POWERS; ENFORCEMENT.--Participating local
1831	governments shall have such powers as are reasonably necessary
1832	to regulate and enforce the provisions of this section.
1833	(5)(6)  STATE AND LOCAL COOPERATION.--The division shall
1834	provide reasonable assistance to participating local governments
1835	in the development of enforcement procedures and regulations,
1836	and participating local governments shall monitor permitholders
1837	for compliance in cooperation with the division. At a minimum,
1838	participating local governments shall establish a procedure to
1839	accept, document, and respond to complaints and to timely report
1840	to the division all such complaints and the participating local
1841	governments' enforcement responses to such complaints. A
1842	participating local government shall provide the division with a
1843	copy of all approved applications and permits issued, and the
1844	participating local government shall require that all
1845	applications, permits, and other related materials contain the
1846	appropriate division-issued license number for each public food
1847	service establishment.
1848	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
1849	July 1, 2009, unless reviewed and saved from repeal through
1850	reenactment by the Legislature.
1851	Section 47.  Section 509.302, Florida Statutes, is amended
1852	to read:
1853	509.302  Hospitality Education Program.--
1854	(1)(a)  The division shall administer an educational
1855	program, designated the "Hospitality Education Program," offered
1856	for the benefit of the hospitality restaurant and lodging
1857	industries of this state. As used in this section, the term
1858	"hospitality industry" means the restaurant industry or the
1859	lodging industry.
1860	(b)  The This program may affiliate with Florida State
1861	University, Florida International University, and the University
1862	of Central Florida. The program may also affiliate with any
1863	other member of the State University System or Florida Community
1864	College System, or with any privately funded college or
1865	university, which offers a program of hospitality administration
1866	and management.
1867	(c)  The purpose primary goal of the this program is to
1868	provide, support, and enhance instruct and train all individuals
1869	and businesses licensed under this chapter, in cooperation with
1870	recognized associations that represent the licensees, in the
1871	application of state and federal laws and rules. Such programs
1872	shall also include:
1873	(a)  Management training.
1874	(b)  Inservice continuing education programs.
1875	(c)  Awareness of food-recovery programs, as promoted in s.
1876	570.0725.
1877	(d)  Enhancement of school-to-career training and
1878	transition programs for students interested in pursuing careers
1879	in a hospitality the food service or lodging industry.
1880	(d)  The training and transition programs shall be funded
1881	provided through the public school system using a nationally
1882	recognized curriculum approved by the division, with the
1883	enhancements funded under this section provided by grants to one
1884	or more from nonprofit statewide organizations that represent a
1885	in the hospitality industry of this state. The training and
1886	transition programs shall be delivered through the public school
1887	system using a nationally recognized curriculum approved by the
1888	division. The division shall administer the services field, and
1889	the application process for the grants shall be administered by
1890	the division.
1891	(e)  Such other programs as may be deemed appropriate by
1892	the director and the advisory council.
1893	(2)(a)  All public lodging establishments and all public
1894	food service establishments licensed under this chapter shall
1895	pay an annual fee of no more than $10, which shall be included
1896	in the annual license fee and used for the sole purpose of
1897	funding the Hospitality Education Program.
1898	(b)  The division shall use at least 68 percent of the
1899	funds collected under paragraph (a) for programs directed to
1900	careers in the restaurant industry and at least 14 percent of
1901	the funds for programs directed to careers in the lodging
1902	industry. If the division does not receive a sufficient number
1903	of grant applications, which are submitted timely and comply
1904	with the division's requirements, to use all of the funds
1905	reserved for programs directed to careers in one of the
1906	industries, the division may use the remaining funds for
1907	programs directed to careers in the other industry.
1908	(c)  The division may use up to 10 percent of the funds
1909	collected under paragraph (a) for administration of the program.
1910	(3)  Notwithstanding any other provision of law to the
1911	contrary, grant funding under this section for the services
1912	described in paragraph (1)(d) shall include all expenses related
1913	incident to providing the programs those services, including the
1914	cost of staff support; student scholarships; compensation to
1915	program instructors for time spent in relevant training; special
1916	events or competitive events; and a reasonable stipend for
1917	travel, lodging, and meals for instructors and students
1918	participating in training or in related special events. All of
1919	an applicant's such expenses must shall be consistent in
1920	accordance with the budget submitted by the applicant in the
1921	grant application and approved by the division. The expenditure
1922	of all funds distributed under this section is shall be subject
1923	to audit by the division.
1924	(4)  The director shall develop formulate an annual budget,
1925	programs, and activities to accomplish the purposes of this
1926	section, in accordance with and subject to the advice and
1927	recommendations of the advisory council.
1928	(a)  The annual budget of the Hospitality Education Program
1929	must show that the total fees estimated to be collected during
1930	the next fiscal year under this section will be dedicated solely
1931	to the estimated cost of funding the Hospitality Education
1932	Program, less any trust fund service charge imposed by s.
1933	215.20. If the estimated cost of funding the Hospitality
1934	Education Program in any fiscal year is less than the total fees
1935	estimated to be collected during that year, the director shall
1936	submit a report to the advisory council demonstrating why the
1937	amount of the such fee should not be immediately reduced to
1938	eliminate the projected surplus. The director shall also submit
1939	this report to the Secretary of Business and Professional
1940	Regulation as part of the division's annual budget request.
1941	(b)  Both the secretary's legislative budget requests
1942	submitted under pursuant to ss. 216.023 and 216.031 and the
1943	Governor's recommended budget submitted under pursuant to s.
1944	216.163 must also show that the total fees estimated to be
1945	collected during the next fiscal year under this section will be
1946	dedicated solely to funding the Hospitality Education Program,
1947	less any trust fund service charge imposed by s. 215.20. If the
1948	estimated cost of funding the Hospitality Education Program in
1949	any fiscal year is less than the total fees estimated to be
1950	collected during that year, the secretary shall submit a report
1951	demonstrating why the amount of the such fee should not be
1952	immediately reduced to eliminate the projected surplus.
1953	(5)  The director, with the consent of the advisory
1954	council, may designate funds, not to exceed $250,000 annually,
1955	to support school-to-career transition programs available
1956	through statewide organizations in the hospitality services
1957	field. Such programs shall be designed to prepare students for
1958	progressive careers in the hospitality industry. The director,
1959	with the consent of the advisory council, may also designate
1960	funds, not to exceed $50,000 annually, to support food safety
1961	training programs available through statewide organizations in
1962	the hospitality services field, and not to exceed $50,000
1963	annually, to support nontransient public lodging training
1964	programs available through statewide organizations in the public
1965	lodging services field.
1966	(5)(6)  The director shall supervise have supervision over
1967	the administration of the programs set forth in this section
1968	subsection and shall report the status of the programs at all
1969	meetings of the advisory council and at such other times as are
1970	prescribed by the advisory council.
1971	(6)(7)  The division shall adopt rules providing the
1972	criteria for grant approval and the procedures for processing
1973	grant applications. The criteria and procedures must shall be
1974	approved by the advisory council. The criteria shall give
1975	primary consideration to the experience and history of the
1976	applicant in representing a hospitality the food service or
1977	lodging industry in the state, the applicant's prior commitment
1978	to school-to-career transition programs in a hospitality the
1979	food service or lodging industry, and the applicant's
1980	demonstrated ability to provide services statewide with industry
1981	support and participation. Grants awarded under this section
1982	shall be for a term of 4 years, with funding provided on an
1983	annual basis.
1984	(8)  Revenue from administrative fines may be used to
1985	support this section. This subsection expires July 1, 2008.
1986	Section 48.  Subsections (8) through (22) of section
1987	548.002, Florida Statutes, are renumbered as subsections (9)
1988	through (23), respectively, and a new subsection (8) is added to
1989	that section, to read:
1990	548.002  Definitions.--As used in this chapter, the term:
1991	(8)  "Event" means one or more matches comprising a show.
1992	Section 49.  Paragraph (k) of subsection (2) of section
1993	548.003, Florida Statutes, is amended to read:
1994	548.003  Florida State Boxing Commission.--
1995	(2)  The Florida State Boxing Commission, as created by
1996	subsection (1), shall administer the provisions of this chapter.
1997	The commission has authority to adopt rules pursuant to ss.
1998	120.536(1) and 120.54 to implement the provisions of this
1999	chapter and to implement each of the duties and responsibilities
2000	conferred upon the commission, including, but not limited to:
2001	(k)  Establishment of criteria for approval, disapproval,
2002	suspension of approval, and revocation of approval of amateur
2003	sanctioning organizations for amateur boxing, and kickboxing,
2004	and mixed martial arts matches held in this state, including,
2005	but not limited to, the health and safety standards the
2006	organizations use before, during, and after the matches to
2007	ensure the health, safety, and well-being of the amateurs
2008	participating in the matches, including the qualifications and
2009	numbers of health care personnel required to be present, the
2010	qualifications required for referees, and other requirements
2011	relating to the health, safety, and well-being of the amateurs
2012	participating in the matches. The commission may adopt by rule,
2013	or incorporate by reference into rule, the health and safety
2014	standards of USA Boxing as the minimum health and safety
2015	standards for an amateur boxing sanctioning organization, and
2016	the health and safety standards of the International Sport
2017	Kickboxing Association as the minimum health and safety
2018	standards for an amateur kickboxing sanctioning organization,
2019	and the minimum health and safety standards for an amateur mixed
2020	martial arts sanctioning organization. The commission shall
2021	review its rules for necessary revision at least every 2 years
2022	and may adopt by rule, or incorporate by reference into rule,
2023	the then-existing current health and safety standards of USA
2024	Boxing and the International Sport Kickboxing Association. The
2025	commission may adopt emergency rules to administer this
2026	paragraph.
2027	Section 50.  For the purpose of incorporating the amendment
2028	made by this act to subsection (1) of section 455.227, Florida
2029	Statutes, in a reference thereto, paragraph (a) of subsection
2030	(2) of section 468.436, Florida Statutes, is reenacted to read:
2031	468.436  Disciplinary proceedings.--
2032	(2)  The following acts constitute grounds for which the
2033	disciplinary actions in subsection (4) may be taken:
2034	(a)  Violation of any provision of s. 455.227(1).
2035	Section 51.  For the purpose of incorporating the amendment
2036	made by this act to subsection (1) of section 455.227, Florida
2037	Statutes, in a reference thereto, paragraph (a) of subsection
2038	(1) of section 468.832, Florida Statutes, is reenacted to read:
2039	468.832  Disciplinary proceedings.--
2040	(1)  The following acts constitute grounds for which the
2041	disciplinary actions in subsection (2) may be taken:
2042	(a)  Violation of any provision of this part or s.
2043	455.227(1);
2044	Section 52.  For the purpose of incorporating the amendment
2045	made by this act to subsection (1) of section 455.227, Florida
2046	Statutes, in a reference thereto, paragraph (a) of subsection
2047	(1) of section 468.842, Florida Statutes, is reenacted to read:
2048	468.842  Disciplinary proceedings.--
2049	(1)  The following acts constitute grounds for which the
2050	disciplinary actions in subsection (2) may be taken:
2051	(a)  Violation of any provision of this part or s.
2052	455.227(1);
2053	Section 53.  For the purpose of incorporating the amendment
2054	made by this act to subsection (1) of section 455.227, Florida
2055	Statutes, in a reference thereto, paragraph (a) of subsection
2056	(1) of section 471.033, Florida Statutes, is reenacted to read:
2057	471.033  Disciplinary proceedings.--
2058	(1)  The following acts constitute grounds for which the
2059	disciplinary actions in subsection (3) may be taken:
2060	(a)  Violating any provision of s. 455.227(1), s. 471.025,
2061	or s. 471.031, or any other provision of this chapter or rule of
2062	the board or department.
2063	Section 54.  For the purpose of incorporating the amendment
2064	made by this act to section (1) of section 455.227, Florida
2065	Statutes, in a reference thereto, paragraph (a) of subsection
2066	(1) of section 472.033, Florida Statutes, is reenacted to read:
2067	472.033  Disciplinary proceedings.--
2068	(1)  The following acts constitute grounds for which the
2069	disciplinary actions in subsection (2) may be taken:
2070	(a)  Violation of any provision of s. 472.031 or s.
2071	455.227(1);
2072	Section 55.  For the purpose of incorporating the amendment
2073	made by this act to subsection (1) of section 455.227, Florida
2074	Statutes, in a reference thereto, paragraph (a) of subsection
2075	(1) of section 473.323, Florida Statutes, is reenacted to read:
2076	473.323  Disciplinary proceedings.--
2077	(1)  The following acts constitute grounds for which the
2078	disciplinary actions in subsection (3) may be taken:
2079	(a)  Violation of any provision of s. 455.227(1) or any
2080	other provision of this chapter.
2081	Section 56.  For the purpose of incorporating the amendment
2082	made by this act to subsection (1) of section 455.227, Florida
2083	Statutes, in a reference thereto, paragraph (a) of subsection
2084	(1) of section 475.25, Florida Statutes, is reenacted to read:
2085	475.25  Discipline.--
2086	(1)  The commission may deny an application for licensure,
2087	registration, or permit, or renewal thereof; may place a
2088	licensee, registrant, or permittee on probation; may suspend a
2089	license, registration, or permit for a period not exceeding 10
2090	years; may revoke a license, registration, or permit; may impose
2091	an administrative fine not to exceed $5,000 for each count or
2092	separate offense; and may issue a reprimand, and any or all of
2093	the foregoing, if it finds that the licensee, registrant,
2094	permittee, or applicant:
2095	(a)  Has violated any provision of s. 455.227(1) or s.
2096	475.42. However, licensees under this part are exempt from the
2097	provisions of s. 455.227(1)(i).
2098	Section 57.  For the purpose of incorporating the amendment
2099	made by this act to subsection (1) of section 455.227, Florida
2100	Statutes, in a reference thereto, subsection (1) of section
2101	475.624, Florida Statutes, is reenacted to read:
2102	475.624  Discipline.--The board may deny an application for
2103	registration or certification; may investigate the actions of
2104	any appraiser registered, licensed, or certified under this
2105	part; may reprimand or impose an administrative fine not to
2106	exceed $5,000 for each count or separate offense against any
2107	such appraiser; and may revoke or suspend, for a period not to
2108	exceed 10 years, the registration, license, or certification of
2109	any such appraiser, or place any such appraiser on probation, if
2110	it finds that the registered trainee, licensee, or
2111	certificateholder:
2112	(1)  Has violated any provisions of this part or s.
2113	455.227(1); however, certificateholders, registrants, and
2114	licensees under this part are exempt from the provisions of s.
2115	455.227(1)(i).
2116	Section 58.  For the purpose of incorporating the amendment
2117	made by this act to subsection (1) of section 455.227, Florida
2118	Statutes, in a reference thereto, paragraph (h) of subsection
2119	(1) of section 476.204, Florida Statutes, is reenacted to read:
2120	476.204  Penalties.--
2121	(1)  It is unlawful for any person to:
2122	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
2123	s. 476.214.
2124	Section 59.  For the purpose of incorporating the amendment
2125	made by this act to subsection (1) of section 455.227, Florida
2126	Statutes, in a reference thereto, paragraph (h) of subsection
2127	(1) of section 477.029, Florida Statutes, is reenacted to read:
2128	477.029  Penalty.--
2129	(1)  It is unlawful for any person to:
2130	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
2131	or s. 477.028.
2132	Section 60.  For the purpose of incorporating the amendment
2133	made by this act to subsection (1) of section 455.227, Florida
2134	Statutes, in a reference thereto, paragraph (a) of subsection
2135	(1) of section 481.225, Florida Statutes, is reenacted to read:
2136	481.225  Disciplinary proceedings against registered
2137	architects.--
2138	(1)  The following acts constitute grounds for which the
2139	disciplinary actions in subsection (3) may be taken:
2140	(a)  Violating any provision of s. 455.227(1), s. 481.221,
2141	or s. 481.223, or any rule of the board or department lawfully
2142	adopted pursuant to this part or chapter 455.
2143	Section 61.  For the purpose of incorporating the amendment
2144	made by this act to subsection (1) of section 455.227, Florida
2145	Statutes, in a reference thereto, paragraph (a) of subsection
2146	(1) of section 481.325, Florida Statutes, is reenacted to read:
2147	481.325  Disciplinary proceedings.--
2148	(1)  The following acts constitute grounds for which the
2149	disciplinary actions in subsection (3) may be taken:
2150	(a)  Violation of any provision of s. 455.227(1), s.
2151	481.321, or s. 481.323.
2152	Section 62.  Paragraph (k) is added to subsection (2) of
2153	section 20.165, Florida Statutes, to read:
2154	20.165  Department of Business and Professional
2155	Regulation.--There is created a Department of Business and
2156	Professional Regulation.
2157	(2)  The following divisions of the Department of Business
2158	and Professional Regulation are established:
2159	(k)  Division of Service Operations.
2160	Section 63.  Paragraph (a) of subsection (1) of section
2161	455.217, Florida Statutes, is amended to read:
2162	455.217  Examinations.--This section shall be read in
2163	conjunction with the appropriate practice act associated with
2164	each regulated profession under this chapter.
2165	(1)  The Division of Service Operations Technology of the
2166	Department of Business and Professional Regulation shall
2167	provide, contract, or approve services for the development,
2168	preparation, administration, scoring, score reporting, and
2169	evaluation of all examinations. The division shall seek the
2170	advice of the appropriate board in providing such services.
2171	(a)  The department, acting in conjunction with the
2172	Division of Service Operations Technology and the Division of
2173	Real Estate, as appropriate, shall ensure that examinations
2174	adequately and reliably measure an applicant's ability to
2175	practice the profession regulated by the department. After an
2176	examination developed or approved by the department has been
2177	administered, the board or department may reject any question
2178	which does not reliably measure the general areas of competency
2179	specified in the rules of the board or department, when there is
2180	no board. The department shall use qualified outside
2181	professional testing vendors services for the development,
2182	preparation, and evaluation of examinations, when such services
2183	are economically and viably available and approved by the
2184	department board.
2185	Section 64.  Paragraph (h) of subsection (2) of section
2186	471.003, Florida Statutes, is amended to read:
2187	471.003  Qualifications for practice; exemptions.--
2188	(2)  The following persons are not required to be licensed
2189	under the provisions of this chapter as a licensed engineer:
2190	(h)  Any electrical, plumbing, air-conditioning, or
2191	mechanical contractor whose practice includes the design and
2192	fabrication of electrical, plumbing, air-conditioning, or
2193	mechanical systems, respectively, which she or he installs by
2194	virtue of a license issued under chapter 489, under part I of
2195	chapter 553, or under any special act or ordinance when working
2196	on any construction project which:
2197	1.  Requires an electrical or plumbing or air-conditioning
2198	and refrigeration system with a value of $125,000 $50,000 or
2199	less; and
2200	2.a.  Requires an aggregate service capacity of 600 amperes
2201	(240 volts) or less on a residential electrical system or 800
2202	amperes (240 volts) or less on a commercial or industrial
2203	electrical system;
2204	b.  Requires a plumbing system with fewer than 250 fixture
2205	units; or
2206	c.  Requires a heating, ventilation, and air-conditioning
2207	system not to exceed a 15-ton-per-system capacity, or if the
2208	project is designed to accommodate 100 or fewer persons.
2209	Section 65.  The Office of Program Policy Analysis and
2210	Government Accountability shall perform a study and make
2211	recommendations to the Legislature by December 1, 2009,
2212	regarding the enactment of laws to provide for protection and
2213	remedies from existing and unregulated online poker activities,
2214	which currently lack oversight and consumer protection under s.
2215	849.086, Florida Statutes.
2216	Section 66.  Effective upon this act becoming a law, the
2217	amendments made by this act to ss. 489.128(1)(a) and
2218	489.532(1)(a), Florida Statutes, shall apply retroactively to
2219	contracts entered into on or after October 1, 2000, and shall
2220	apply retroactively to all actions pending when this act becomes
2221	a law.
2222	Section 67.  Section 509.201, Florida Statutes, is
2223	repealed.
2224	Section 68.  Except as otherwise expressly provided in this
2225	act, this act shall take effect October 1, 2009.

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