CS/HB 713

1	A bill to be entitled
2	An act relating to the Department of Business and
3	Professional Regulation; amending s. 20.165, F.S.;
4	assigning certain programs to regulation by the
5	department's Division of Professions; amending ss. 215.37
6	and 455.017, F.S.; specifying that the department is
7	responsible for the regulation of certain professions;
8	amending s. 455.02, F.S.; authorizing the temporary
9	professional licensure of the spouses of active duty
10	members of the United States Armed Forces under certain
11	circumstances; providing application requirements;
12	requiring criminal history checks and fees; amending s.
13	455.213, F.S.; requiring a licensee to surrender his or
14	her license under certain circumstances; amending s.
15	455.217, F.S.; revising the departmental unit responsible
16	for administration of certain examinations; limiting an
17	applicant's review of failed examination questions;
18	amending s. 455.2175, F.S.; prohibiting an examinee whose
19	examination materials are confiscated from taking another
20	examination under certain circumstances; amending s.
21	455.227, F.S.; revising grounds for the discipline of
22	professional licensees; providing penalties; amending s.
23	455.228, F.S.; revising terminology for cease and desist
24	notices; creating s. 455.274, F.S.; authorizing the
25	publication of certain legal advertisements and notices on
26	the department's Internet website in lieu of publication
27	in a newspaper; amending s. 468.83, F.S.; creating the
28	home inspection services licensing program within the
29	department; amending s. 468.8311, F.S.; revising the
30	definition of the term "home inspection services" for
31	purposes of provisions regulating home inspectors;
32	amending s. 468.8312, F.S.; deleting limits on fees for
33	certificates of authorization to conform to changes made
34	by the act; amending s. 468.8313, F.S.; requiring home
35	inspector license applicants to satisfy certain
36	examination requirements before application for licensure;
37	requiring criminal history checks and fees; amending s.
38	468.8318, F.S.; deleting requirements for certificates of
39	authorization for corporations or partnerships offering
40	home inspection services; amending s. 468.8319, F.S.;
41	revising prohibited acts by home inspectors and certain
42	companies employing home inspectors or controlled by such
43	companies; delaying implementation of certain prohibited
44	acts; exempting from punishment certain unlicensed
45	activity occurring before a specified date; amending s.
46	468.832, F.S.; providing an additional ground for
47	discipline of licensed home inspectors; amending s.
48	468.8324, F.S.; extending the time for licensure of home
49	inspectors under certain grandfather provisions; revising
50	the licensing criteria for such provisions; authorizing
51	the department to investigate the validity of home
52	inspection reports submitted for licensure under the
53	grandfather provisions; providing penalties for the
54	submission of false reports; creating s. 468.8325, F.S.;
55	requiring the department to adopt rules; amending s.
56	468.84, F.S.; creating the mold-related services licensing
57	program within the department; amending s. 468.8412, F.S.;
58	deleting limits on fees for certificates of authorization
59	to conform to changes made by the act; amending s.
60	468.8413, F.S.; requiring mold assessor and mold
61	remediator license applicants to satisfy certain
62	examination requirements before application for licensure;
63	revising the educational requirements for licensure as a
64	mold assessor or mold remediator; requiring criminal
65	history checks and fees; amending s. 468.8414, F.S.;
66	specifying that certain insurance coverage is required for
67	licensure by endorsement; amending s. 468.8418, F.S.;
68	deleting requirements for certificates of authorization
69	for corporations or partnerships offering mold-related
70	services; amending s. 468.8419, F.S.; revising prohibited
71	acts by mold assessors and certain companies employing
72	mold assessors or controlled by such companies; delaying
73	implementation of certain prohibited acts; exempting from
74	punishment certain unlicensed activity occurring before a
75	specified date; amending s. 468.842, F.S.; providing an
76	additional ground for discipline of licensed mold
77	assessors and mold remediators; amending s. 468.8421,
78	F.S.; revising insurance coverage requirements for mold
79	assessors; amending s. 468.8423, F.S.; extending the time
80	for licensure of mold assessors and mold remediators under
81	certain grandfather provisions; revising the licensing
82	criteria for such provisions; authorizing the department
83	to investigate the validity of mold assessments and
84	remediation invoices submitted for licensure under the
85	grandfather provisions; providing penalties for the
86	submission of false assessments or invoices; creating s.
87	468.8424, F.S.; requiring the department to adopt rules;
88	amending s. 474.203, F.S.; revising an exemption from
89	regulation of intern or resident veterinarians; amending
90	s. 475.02, F.S.; authorizing certain members of the
91	Florida Real Estate Commission to offer, conduct, and
92	teach courses prescribed or approved by the commission or
93	the department; amending s. 475.175, F.S.; revising the
94	application and fingerprint requirements for real estate
95	broker and sales associate licenses; deleting a
96	requirement that license applicants provide fingerprints
97	in an electronic format; amending s. 475.613, F.S.;
98	revising qualifications of members of the Florida Real
99	Estate Appraisal Board; authorizing certain board members
100	to offer, conduct, and teach courses prescribed or
101	approved by the board or the department; amending s.
102	477.019, F.S.; deleting time limits for cosmetology
103	license applicants to take the licensure examination;
104	conforming a cross-reference; amending s. 509.211, F.S.;
105	assigning responsibility for the regulation of carbon
106	monoxide hazards in certain public lodging establishments
107	to the Division of State Fire Marshal of the Department of
108	Financial Services; creating s. 548.076, F.S.; authorizing
109	the Department of Business and Professional Regulation to
110	issue and enforce notices to cease and desist from
111	violations of provisions regulating pugilistic
112	exhibitions; providing penalties; amending s. 561.17,
113	F.S.; revising application requirements for alcoholic
114	beverage licenses; reenacting ss. 468.436(2)(a),
115	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
116	473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
117	477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
118	relating to disciplinary proceedings for community
119	association managers, home inspectors, mold assessors,
120	mold remediators, engineers, certified public accountants,
121	real estate brokers and sales associates, real estate
122	appraisers, barbers, cosmetologists, architects, and
123	landscape architects, to incorporate the amendment made to
124	s. 455.227, F.S., in references thereto; reenacting s.
125	468.8314(2), F.S., relating to the licensure of home
126	inspectors, to incorporate the amendment made to s.
127	468.832, F.S., in a reference thereto; providing an
128	effective date.
129
130	Be It Enacted by the Legislature of the State of Florida:
131
132	Section 1.  Subsection (4) of section 20.165, Florida
133	Statutes, is amended to read:
134	20.165  Department of Business and Professional
135	Regulation.-There is created a Department of Business and
136	Professional Regulation.
137	(4)(a)  The following boards and programs are established
138	within the Division of Professions:
139	1.  Board of Architecture and Interior Design, created
140	under part I of chapter 481.
141	2.  Florida Board of Auctioneers, created under part VI of
142	chapter 468.
143	3.  Barbers' Board, created under chapter 476.
144	4.  Florida Building Code Administrators and Inspectors
145	Board, created under part XII of chapter 468.
146	5.  Construction Industry Licensing Board, created under
147	part I of chapter 489.
148	6.  Board of Cosmetology, created under chapter 477.
149	7.  Electrical Contractors' Licensing Board, created under
150	part II of chapter 489.
151	8.  Board of Employee Leasing Companies, created under part
152	XI of chapter 468.
153	9.  Board of Landscape Architecture, created under part II
154	of chapter 481.
155	10.  Board of Pilot Commissioners, created under chapter
156	310.
157	11.  Board of Professional Engineers, created under chapter
158	471.
159	12.  Board of Professional Geologists, created under
160	chapter 492.
161	13.  Board of Veterinary Medicine, created under chapter
162	474.
163	14.  Home inspection services licensing program, created
164	under part XV of chapter 468.
165	15.  Mold-related services licensing program, created under
166	part XVI of chapter 468.
167	(b)  The following board and commission are established
168	within the Division of Real Estate:
169	1.  Florida Real Estate Appraisal Board, created under part
170	II of chapter 475.
171	2.  Florida Real Estate Commission, created under part I of
172	chapter 475.
173	(c)  The following board is established within the Division
174	of Certified Public Accounting:
175	1.  Board of Accountancy, created under chapter 473.
176	Section 2.  Subsection (2) of section 215.37, Florida
177	Statutes, is amended to read:
178	215.37  Department of Business and Professional Regulation
179	and the boards to be financed from fees collected; deposit of
180	funds; service charge; appropriation.-
181	(2)  The regulation by the department of professions, as
182	defined in s. 455.01 chapter 455, by the department shall be
183	financed solely from revenue collected by it from fees and other
184	charges and deposited in the Professional Regulation Trust Fund,
185	and all such revenue is hereby appropriated to the department.
186	However, it is legislative intent that each profession shall
187	operate within its anticipated fees.
188	Section 3.  Section 455.017, Florida Statutes, is amended
189	to read:
190	455.017  Applicability of this chapter.-The provisions of
191	This chapter applies apply only to the regulation by the
192	department of professions by the department.
193	Section 4.  Section 455.02, Florida Statutes, is amended to
194	read:
195	455.02  Licensure of members of the Armed Forces in good
196	standing with administrative boards and their spouses.-
197	(1)  Any member of the Armed Forces of the United States
198	now or hereafter on active duty who, at the time of becoming
199	such a member, was in good standing with any administrative
200	board of the state and was entitled to practice or engage in his
201	or her profession or vocation in the state shall be kept in good
202	standing by such administrative board, without registering,
203	paying dues or fees, or performing any other act on his or her
204	part to be performed, as long as he or she is a member of the
205	Armed Forces of the United States on active duty and for a
206	period of 6 months after discharge from active duty as a member
207	of the Armed Forces of the United States, if provided he or she
208	is not engaged in his or her licensed profession or vocation in
209	the private sector for profit.
210	(2)  The boards listed in s. 20.165 shall adopt promulgate
211	rules that exempt exempting the spouse spouses of a member
212	members of the Armed Forces of the United States from licensure
213	renewal provisions, but only in cases of his or her absence from
214	the state because of his or her spouse's their spouses' duties
215	with the Armed Forces.
216	(3)(a)  The department may issue a temporary professional
217	license to the spouse of an active duty member of the Armed
218	Forces of the United States if the spouse applies to the
219	department in the format prescribed by the department. An
220	application must include:
221	1.  Proof that the applicant is married to a member of the
222	Armed Forces of the United States who is on active duty.
223	2.  Proof that the applicant holds a valid license for the
224	profession issued by another state, the District of Columbia,
225	any possession or territory of the United States, or any foreign
226	jurisdiction.
227	3.  Proof that the applicant's spouse is assigned to a duty
228	station in this state and that the applicant is also assigned to
229	a duty station in this state pursuant to the member's official
230	active duty military orders.
231	4.  Proof that a complete set of the applicant's
232	fingerprints are submitted to the Department of Law Enforcement
233	for a statewide criminal history check. The Department of Law
234	Enforcement shall forward the fingerprints to the Federal Bureau
235	of Investigation for a national criminal history check. The
236	department shall, and the board may, review the results of the
237	criminal history checks according to the level 2 screening
238	standards in s. 435.04 and determine whether the applicant meets
239	the licensure requirements. The costs of fingerprint processing
240	shall be borne by the applicant. If the applicant's fingerprints
241	are submitted through an authorized agency or vendor, the agency
242	or vendor shall collect the required processing fees and remit
243	the fees to the Department of Law Enforcement.
244	(b)  An application must be accompanied by an application
245	fee prescribed by the department that is sufficient to cover the
246	cost of issuance of the temporary license.
247	(c)  A temporary license expires 6 months after the date of
248	issuance and is not renewable.
249	Section 5.  Subsection (2) of section 455.213, Florida
250	Statutes, is amended to read:
251	455.213  General licensing provisions.-
252	(2)  Before the issuance of any license, the department may
253	charge an initial license fee as determined by rule of the
254	applicable board or, if no such board exists, by rule of the
255	department. Upon receipt of the appropriate license fee, except
256	as provided in subsection (3), the department shall issue a
257	license to any person certified by the appropriate board, or its
258	designee, or the department when there is no board, as having
259	met the applicable requirements imposed by law or rule. However,
260	an applicant who is not otherwise qualified for licensure is not
261	entitled to licensure solely based on a passing score on a
262	required examination. Upon a determination by the department
263	that it erroneously issued a license, or upon the revocation of
264	a license by the applicable board, or by the department when
265	there is no board, the licensee must surrender his or her
266	license to the department.
267	Section 6.  Subsections (1) and (3) of section 455.217,
268	Florida Statutes, are amended to read:
269	455.217  Examinations.-This section shall be read in
270	conjunction with the appropriate practice act associated with
271	each regulated profession under this chapter.
272	(1)  The Division of Professions Service Operations of the
273	Department of Business and Professional Regulation shall
274	provide, contract, or approve services for the development,
275	preparation, administration, scoring, score reporting, and
276	evaluation of all examinations. The division shall seek the
277	advice of the appropriate board in providing such services.
278	(a)  The department, acting in conjunction with the
279	Division of Service Operations, the Division of Professions, and
280	the Division of Real Estate, as appropriate, shall ensure that
281	examinations adequately and reliably measure an applicant's
282	ability to practice the profession regulated by the department.
283	After an examination developed or approved by the department has
284	been administered, the board or department may reject any
285	question which does not reliably measure the general areas of
286	competency specified in the rules of the board or department,
287	when there is no board. The department shall use qualified
288	outside testing vendors for the development, preparation, and
289	evaluation of examinations, when such services are economically
290	and viably available and approved by the department.
291	(b)  For each examination developed by the department or
292	contracted vendor, to the extent not otherwise specified by
293	statute, the board or the department when there is no board,
294	shall by rule specify the general areas of competency to be
295	covered by the examination, the relative weight to be assigned
296	in grading each area tested, the score necessary to achieve a
297	passing grade, and the fees, where applicable, to cover the
298	actual cost for any purchase, development, and administration of
299	the required examination. However, statutory fee caps in each
300	practice act shall apply. This subsection does not apply to
301	national examinations approved and administered pursuant to
302	paragraph (d).
303	(c)  If a practical examination is deemed to be necessary,
304	rules shall specify the criteria by which examiners are to be
305	selected, the grading criteria to be used by the examiner, the
306	relative weight to be assigned in grading each criterion, and
307	the score necessary to achieve a passing grade. When a mandatory
308	standardization exercise for a practical examination is required
309	by law, the board may conduct such exercise. Therefore, board
310	members may serve as examiners at a practical examination with
311	the consent of the board.
312	(d)  A board, or the department when there is no board, may
313	approve by rule the use of any national examination which the
314	department has certified as meeting requirements of national
315	examinations and generally accepted testing standards pursuant
316	to department rules. Providers of examinations, which may be
317	either profit or nonprofit entities, seeking certification by
318	the department shall pay the actual costs incurred by the
319	department in making a determination regarding the
320	certification. The department shall use any national examination
321	which is available, certified by the department, and approved by
322	the board. The name and number of a candidate may be provided to
323	a national contractor for the limited purpose of preparing the
324	grade tape and information to be returned to the board or
325	department or, to the extent otherwise specified by rule, the
326	candidate may apply directly to the vendor of the national
327	examination. The department may delegate to the board the duty
328	to provide and administer the examination. Any national
329	examination approved by a board, or the department when there is
330	no board, prior to October 1, 1997, is deemed certified under
331	this paragraph. Any licensing or certification examination that
332	is not developed or administered by the department in-house or
333	provided as a national examination shall be competitively bid.
334	(e)  The department shall adopt rules regarding the
335	security and monitoring of examinations. In order to maintain
336	the security of examinations, the department may employ the
337	procedures set forth in s. 455.228 to seek fines and injunctive
338	relief against an examinee who violates the provisions of s.
339	455.2175 or the rules adopted pursuant to this paragraph. The
340	department, or any agent thereof, may, for the purposes of
341	investigation, confiscate any written, photographic, or
342	recording material or device in the possession of the examinee
343	at the examination site which the department deems necessary to
344	enforce such provisions or rules.
345	(f)  If the professional board with jurisdiction over an
346	examination concurs, the department may, for a fee, share with
347	any other state's licensing authority an examination developed
348	by or for the department unless prohibited by a contract entered
349	into by the department for development or purchase of the
350	examination. The department, with the concurrence of the
351	appropriate board, shall establish guidelines that ensure
352	security of a shared exam and shall require that any other
353	state's licensing authority comply with those guidelines. Those
354	guidelines shall be approved by the appropriate professional
355	board. All fees paid by the user shall be applied to the
356	department's examination and development program for professions
357	regulated by this chapter. All fees paid by the user for
358	professions not regulated by this chapter shall be applied to
359	offset the fees for the development and administration of that
360	profession's examination. If both a written and a practical
361	examination are given, an applicant shall be required to retake
362	only the portion of the examination for which he or she failed
363	to achieve a passing grade, if he or she successfully passes
364	that portion within a reasonable time of his or her passing the
365	other portion.
366	(3)  Except for national examinations approved and
367	administered pursuant to paragraph (1)(d), the department shall
368	provide procedures for applicants who have taken and failed an
369	examination developed by the department or a contracted vendor
370	to review their most recently administered examination
371	questions, answers, papers, grades, and grading key for the
372	questions the candidate answered incorrectly or, if not
373	feasible, the parts of the examination failed. Applicants shall
374	bear the actual cost for the department to provide examination
375	review pursuant to this subsection. An applicant may waive in
376	writing the confidentiality of his or her examination grades.
377	Section 7.  Section 455.2175, Florida Statutes, is amended
378	to read:
379	455.2175  Penalty for theft or reproduction of an
380	examination.-In addition to, or in lieu of, any other discipline
381	imposed pursuant to s. 455.227, the theft of an examination in
382	whole or in part or the act of reproducing or copying any
383	examination administered by the department, whether such
384	examination is reproduced or copied in part or in whole and by
385	any means, constitutes a felony of the third degree, punishable
386	as provided in s. 775.082, s. 775.083, or s. 775.084. An
387	examinee whose examination materials are confiscated is not
388	permitted to take another examination until the criminal
389	investigation reveals that the examinee did not violate this
390	section.
391	Section 8.  Paragraph (c) of subsection (1) of section
392	455.227, Florida Statutes, is amended to read:
393	455.227  Grounds for discipline; penalties; enforcement.-
394	(1)  The following acts shall constitute grounds for which
395	the disciplinary actions specified in subsection (2) may be
396	taken:
397	(c)  Being convicted or found guilty of, or entering a plea
398	of guilty or nolo contendere to, regardless of adjudication, a
399	crime in any jurisdiction which relates to the practice of, or
400	the ability to practice, a licensee's profession.
401	Section 9.  Subsection (1) of section 455.228, Florida
402	Statutes, is amended to read:
403	455.228  Unlicensed practice of a profession; cease and
404	desist notice; civil penalty; enforcement; citations; allocation
405	of moneys collected.-
406	(1)  When the department has probable cause to believe that
407	any person not licensed by the department, or the appropriate
408	regulatory board within the department, has violated any
409	provision of this chapter or any statute that relates to the
410	practice of a profession regulated by the department, or any
411	rule adopted pursuant thereto, the department may issue and
412	deliver to such person a notice to cease and desist from such
413	violation. In addition, the department may issue and deliver a
414	notice to cease and desist to any person who aids and abets the
415	unlicensed practice of a profession by employing such unlicensed
416	person. The issuance of a notice to cease and desist shall not
417	constitute agency action for which a hearing under ss. 120.569
418	and 120.57 may be sought. For the purpose of enforcing a cease
419	and desist notice order, the department may file a proceeding in
420	the name of the state seeking issuance of an injunction or a
421	writ of mandamus against any person who violates any provisions
422	of such notice order. In addition to the foregoing remedies, the
423	department may impose an administrative penalty not to exceed
424	$5,000 per incident pursuant to the provisions of chapter 120 or
425	may issue a citation pursuant to the provisions of subsection
426	(3). If the department is required to seek enforcement of the
427	notice order for a penalty pursuant to s. 120.569, it shall be
428	entitled to collect its attorney's fees and costs, together with
429	any cost of collection.
430	Section 10.  Section 455.274, Florida Statutes, is created
431	to read:
432	455.274  Publication of legal advertisements and notices.-
433	(1)  Notwithstanding s. 49.10, when the department is
434	required to publish a notice of action for any proceeding
435	involving a licensee, in lieu of publishing the notice of action
436	in a newspaper, the department may publish the notice of action
437	for 4 consecutive weeks on the department's Internet website in
438	a designated section of the website that pertains to the
439	licensee's profession.
440	(2)  Notwithstanding s. 50.011, when the department is
441	required or authorized to publish a legal advertisement or
442	notice for any purpose described in s. 50.011 involving a
443	licensee, in lieu of publishing the legal advertisement or
444	notice in a newspaper, the department may publish the legal
445	advertisement or notice on the department's Internet website in
446	a designated section of the website that pertains to the
447	licensee's profession.
448	(3)  Notwithstanding s. 120.60(5), when the department is
449	required to publish notice to a licensee of the revocation,
450	suspension, annulment, or withdrawal of his or her license, if
451	personal service cannot be made to the licensee and the
452	certified mail notice is returned undelivered, in lieu of
453	publishing the notice in a newspaper, the department may publish
454	the notice for 4 consecutive weeks on the department's Internet
455	website in a designated section of the website that pertains to
456	the licensee's profession.
457	Section 11.  Section 468.83, Florida Statutes, is amended
458	to read:
459	468.83  Home inspection services licensing program;
460	purpose.-
461	(1)  There is created within the department the home
462	inspection services licensing program.
463	(2)  The Legislature recognizes that there is a need to
464	require the licensing of home inspectors and to ensure that
465	consumers of home inspection services can rely on the competence
466	of home inspectors, as determined by educational and experience
467	requirements and testing. Therefore, the Legislature deems it
468	necessary in the interest of the public welfare to regulate home
469	inspectors in this state.
470	Section 12.  Subsection (4) of section 468.8311, Florida
471	Statutes, is amended to read:
472	468.8311  Definitions.-As used in this part, the term:
473	(4)  "Home inspection services" means a limited visual
474	examination of one or more of the following readily accessible
475	installed systems and components of a home: the structure,
476	electrical system, HVAC system, roof covering, plumbing system,
477	interior components, exterior components, and site conditions
478	that affect the structure, for the purposes of providing a
479	written professional opinion of the condition of the home.
480	Section 13.  Subsections (5) through (8) of section
481	468.8312, Florida Statutes, are renumbered as subsections (4)
482	through (7), respectively, and present subsection (4) of that
483	section is amended to read:
484	468.8312  Fees.-
485	(4)  The fee for a certificate of authorization shall not
486	exceed $125.
487	Section 14.  Subsections (1) and (2) of section 468.8313,
488	Florida Statutes, are amended, and paragraph (d) is added to
489	subsection (5) of that section, to read:
490	468.8313  Examinations.-
491	(1)  A person desiring to be licensed as a home inspector
492	must shall apply to the department after satisfying the
493	examination requirements of this part to take a licensure
494	examination.
495	(2)  An applicant may shall be entitled to take the
496	licensure examination for the purpose of determining whether he
497	or she is qualified to practice in this state as a home
498	inspector if he or she passes the required examination, the
499	applicant is of good moral character, and completes has
500	completed a course of study of at least no less than 120 hours
501	that covers all of the following components of a home:
502	structure, electrical system, HVAC system, roof covering,
503	plumbing system, interior components, exterior components, and
504	site conditions that affect the structure.
505	(5)
506	(d)  An initial applicant must submit a complete set of his
507	or her fingerprints to the Department of Law Enforcement for a
508	statewide criminal history check. The Department of Law
509	Enforcement shall forward the fingerprints to the Federal Bureau
510	of Investigation for a national criminal history check. The
511	department shall review the results of the criminal history
512	checks according to the level 2 screening standards in s. 435.04
513	and determine whether the applicant meets the licensure
514	requirements. The costs of fingerprint processing shall be borne
515	by the applicant. If the applicant's fingerprints are submitted
516	through an authorized agency or vendor, the agency or vendor
517	shall collect the required processing fees and remit the fees to
518	the Department of Law Enforcement.
519	Section 15.  Section 468.8318, Florida Statutes, is amended
520	to read:
521	468.8318  Certification of corporations and partnerships.-
522	(1)  The department shall issue a certificate of
523	authorization to a corporation or partnership offering home
524	inspection services to the public if the corporation or
525	partnership satisfies all of the requirements of this part.
526	(2)  The practice of or the offer to practice home
527	inspection services by licensees through a corporation or
528	partnership offering home inspection services to the public, or
529	by a corporation or partnership offering such services to the
530	public through licensees under this part as agents, employees,
531	officers, or partners, is permitted subject to the provisions of
532	this part, provided that all personnel of the corporation or
533	partnership who act in its behalf as home inspectors in this
534	state are licensed as provided by this part; and further
535	provided that the corporation or partnership has been issued a
536	certificate of authorization by the department as provided in
537	this section. Nothing in this section shall be construed to
538	allow a corporation to hold a license to practice home
539	inspection services. No corporation or partnership shall be
540	relieved of responsibility for the conduct or acts of its
541	agents, employees, or officers by reason of its compliance with
542	this section, nor shall any individual practicing home
543	inspection services be relieved of responsibility for
544	professional services performed by reason of his or her
545	employment or relationship with a corporation or partnership.
546	(3)  For the purposes of this section, a certificate of
547	authorization shall be required for a corporation, partnership,
548	association, or person practicing under a fictitious name and
549	offering home inspection services to the public; however, when
550	an individual is practicing home inspection services in his or
551	her own given name, he or she shall not be required to register
552	under this section.
553	(4)  Each certificate of authorization shall be renewed
554	every 2 years. Each partnership and corporation certified under
555	this section shall notify the department within 1 month of any
556	change in the information contained in the application upon
557	which the certification is based.
558	(5)  Disciplinary action against a corporation or
559	partnership shall be administered in the same manner and on the
560	same grounds as disciplinary action against a licensed home
561	inspector.
562	Section 16.  Section 468.8319, Florida Statutes, is amended
563	to read:
564	468.8319  Prohibitions; penalties.-
565	(1)  A home inspector, a company that employs a home
566	inspector, or a company that is controlled by a company that
567	also has a financial interest in a company employing a home
568	inspector may not:
569	(a)  Effective July 1, 2011, practice or offer to practice
570	home inspection services unless the person has complied with the
571	provisions of this part;
572	(b)  Effective July 1, 2011, use the name or title
573	"certified home inspector," "registered home inspector,"
574	"licensed home inspector," "home inspector," "professional home
575	inspector," or any combination thereof unless the person has
576	complied with the provisions of this part;
577	(c)  Present as his or her own the license of another;
578	(d)  Knowingly give false or forged evidence to the
579	department or an employee thereof;
580	(e)  Use or attempt to use a license that has been
581	suspended or revoked;
582	(f)  Perform or offer to perform, prior to closing, for any
583	additional fee, any repairs to a home on which the inspector or
584	the inspector's company has prepared a home inspection report.
585	This paragraph does not apply to a home warranty company that is
586	affiliated with or retains a home inspector to perform repairs
587	pursuant to a claim made under a home warranty contract;
588	(g)  Inspect for a fee any property in which the inspector
589	or the inspector's company has any financial or transfer
590	interest;
591	(h)  Offer or deliver any compensation, inducement, or
592	reward to any broker or agent therefor for the referral of the
593	owner of the inspected property to the inspector or the
594	inspection company; or
595	(i)  Accept an engagement to make an omission or prepare a
596	report in which the inspection itself, or the fee payable for
597	the inspection, is contingent upon either the conclusions in the
598	report, preestablished findings, or the close of escrow.
599	(2)  Any person who is found to be in violation of any
600	provision of this section commits a misdemeanor of the first
601	degree, punishable as provided in s. 775.082 or s. 775.083.
602	(3)  This section does not apply to unlicensed activity as
603	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
604	that occurs before July 1, 2011.
605	Section 17.  Paragraph (j) is added to subsection (1) of
606	section 468.832, Florida Statutes, to read:
607	468.832  Disciplinary proceedings.-
608	(1)  The following acts constitute grounds for which the
609	disciplinary actions in subsection (2) may be taken:
610	(j)  Failing to meet any standard of practice adopted by
611	rule of the department.
612	Section 18.  Section 468.8324, Florida Statutes, is amended
613	to read:
614	468.8324  Grandfather clause.-
615	(1)  A person who performs home inspection services as
616	defined in this part may qualify for licensure to be licensed by
617	the department as a home inspector if the person
618	her application to the department by March 1,
619	postmarked or delivered by that date, and if the
620	the licensure requirements of this part by July 1, 2010.
621	(a)  Is certified as a home inspector by a state or
622	national association that requires, for such certification,
623	successful completion of a proctored examination on home
624	inspection services and completes at least 14 hours of
625	verifiable education on such services; or
626	(b)  At the time of application, has at least 3 years of
627	experience as a home inspector and completes at least 14 hours
628	of verifiable education on home inspection services. To
629	establish the 3 years of experience, an applicant must submit at
630	least 120 home inspection reports prepared by the applicant.
631	(2)  The department may investigate the validity of a home
632	inspection report submitted under paragraph (1)(b) and, if the
633	applicant submits a false report, may take disciplinary action
634	against the applicant under s. 468.832(1)(e) or (g).
635	(3)  An applicant may not qualify for licensure under this
636	section if he or she has had a home inspector license or a
637	license in any related field revoked at any time or suspended
638	within the previous 5 years or has been assessed a fine that
639	exceeds $500 within the previous 5 years. For purposes of this
640	subsection, a license in a related field includes, but is not
641	limited to, licensure in real estate, construction, mold-related
642	services, or building code administration or inspection.
643	(4)  An applicant for licensure under this section must
644	comply with the criminal history, good moral character, and
645	insurance requirements of this part.
646	Section 19.  Section 468.8325, Florida Statutes, is created
647	to read:
648	468.8325  Rulemaking authority.-The department shall adopt
649	rules to administer this part.
650	Section 20.  Section 468.84, Florida Statutes, is amended
651	to read:
652	468.84  Mold-related services licensing program;
653	legislative purpose.-
654	(1)  There is created within the department the mold-
655	related services licensing program.
656	(2)  The Legislature finds it necessary in the interest of
657	the public safety and welfare, to prevent damage to real and
658	personal property, to avert economic injury to the residents of
659	this state, and to regulate persons and companies that hold
660	themselves out to the public as qualified to perform mold-
661	related services.
662	Section 21.  Subsections (7) through (10) of section
663	468.8412, Florida Statutes, are renumbered as subsections (6)
664	through (9), respectively, and present subsection (6) of that
665	section is amended to read:
666	468.8412  Fees.-
667	(6)  The fee for a biennial certificate of authorization
668	renewal shall not exceed $400.
669	Section 22.  Subsections (1) and (2) of section 468.8413,
670	Florida Statutes, are amended, and paragraph (d) is added to
671	subsection (4) of that section, to read:
672	468.8413  Examinations.-
673	(1)  A person desiring to be licensed as a mold assessor or
674	mold remediator must shall apply to the department after
675	satisfying the examination requirements of this part to take a
676	licensure examination.
677	(2)  An applicant may shall be entitled to take the
678	licensure examination to practice in this state as a mold
679	assessor or mold remediator if he or she passes the required
680	examination, the applicant is of good moral character, and
681	completes has satisfied one of the following requirements:
682	(a)1.  For a mold remediator, at least a 2-year associate
683	of arts degree, or the equivalent, with at least 30 semester
684	hours in microbiology, engineering, architecture, industrial
685	hygiene, occupational safety, or a related field of science from
686	an accredited institution and a minimum of 1 year of documented
687	field experience in a field related to mold remediation; or
688	2.  A high school diploma or the equivalent with a minimum
689	of 4 years of documented field experience in a field related to
690	mold remediation.
691	(b)1.  For a mold assessor, at least a 2-year associate of
692	arts degree, or the equivalent, with at least 30 semester hours
693	in microbiology, engineering, architecture, industrial hygiene,
694	occupational safety, or a related field of science from an
695	accredited institution and a minimum of 1 year of documented
696	field experience in conducting microbial sampling or
697	investigations; or
698	2.  A high school diploma or the equivalent with a minimum
699	of 4 years of documented field experience in conducting
700	microbial sampling or investigations.
701	(4)
702	(d)  An initial applicant must submit a complete set of his
703	or her fingerprints to the Department of Law Enforcement for a
704	statewide criminal history check. The Department of Law
705	Enforcement shall forward the fingerprints to the Federal Bureau
706	of Investigation for a national criminal history check. The
707	department shall review the results of the criminal history
708	checks according to the level 2 screening standards in s. 435.04
709	and determine whether the applicant meets the licensure
710	requirements. The costs of fingerprint processing shall be borne
711	by the applicant. If the applicant's fingerprints are submitted
712	through an authorized agency or vendor, the agency or vendor
713	shall collect the required processing fees and remit the fees to
714	the Department of Law Enforcement.
715	Section 23.  Subsection (3) of section 468.8414, Florida
716	Statutes, is amended to read:
717	468.8414  Licensure.-
718	(3)  The department shall certify as qualified for a
719	license by endorsement an applicant who is of good moral
720	character, who has the insurance coverage required under s.
721	468.8421, and who:
722	(a)  Is qualified to take the examination as set forth in
723	s. 468.8413 and has passed a certification examination offered
724	by a nationally recognized organization that certifies persons
725	in the specialty of mold assessment or mold remediation that has
726	been approved by the department as substantially equivalent to
727	the requirements of this part and s. 455.217; or
728	(b)  Holds a valid license to practice mold assessment or
729	mold remediation issued by another state or territory of the
730	United States if the criteria for issuance of the license were
731	substantially the same as the licensure criteria that is
732	established by this part as determined by the department.
733	Section 24.  Section 468.8418, Florida Statutes, is amended
734	to read:
735	468.8418  Certification of partnerships and corporations.-
736	(1)  The department shall issue a certificate of
737	authorization to a corporation or partnership offering mold
738	assessment or mold remediation services to the public if the
739	corporation or partnership satisfies all of the requirements of
740	this part.
741	(2)  The practice of or the offer to practice mold
742	assessment or mold remediation by licensees through a
743	corporation or partnership offering mold assessment or mold
744	remediation to the public, or by a corporation or partnership
745	offering such services to the public through licensees under
746	this part as agents, employees, officers, or partners, is
747	permitted subject to the provisions of this part, provided that
748	the corporation or partnership has been issued a certificate of
749	authorization by the department as provided in this section.
750	Nothing in this section shall be construed to allow a
751	corporation to hold a license to practice mold assessment or
752	mold remediation. No corporation or partnership shall be
753	relieved of responsibility for the conduct or acts of its
754	agents, employees, or officers by reason of its compliance with
755	this section, nor shall any individual practicing mold
756	assessment or mold remediation be relieved of responsibility for
757	professional services performed by reason of his or her
758	employment or relationship with a corporation or partnership.
759	(3)  For the purposes of this section, a certificate of
760	authorization shall be required for a corporation, partnership,
761	association, or person practicing under a fictitious name,
762	offering mold assessment or mold remediation; however, when an
763	individual is practicing mold assessment or mold remediation
764	under his or her own given name, he or she shall not be required
765	to register under this section.
766	(4)  Each certificate of authorization shall be renewed
767	every 2 years. Each partnership and corporation certified under
768	this section shall notify the department within 1 month of any
769	change in the information contained in the application upon
770	which the certification is based.
771	(5)  Disciplinary action against a corporation or
772	partnership shall be administered in the same manner and on the
773	same grounds as disciplinary action against a licensed mold
774	assessor or mold remediator.
775	Section 25.  Section 468.8419, Florida Statutes, is amended
776	to read:
777	468.8419  Prohibitions; penalties.-
778	(1)  A mold assessor, a company that employs a mold
779	assessor, or a company that is controlled by a company that also
780	has a financial interest in a company employing a mold assessor
781	may not:
782	(a)  Effective July 1, 2011, perform or offer to perform
783	any mold assessment unless the mold assessor has documented
784	training in water, mold, and respiratory protection under s.
785	468.8414(2).
786	(b)  Effective July 1, 2011, perform or offer to perform
787	any mold assessment unless the person has complied with the
788	provisions of this part.
789	(c)  Use the name or title "certified mold assessor,"
790	"registered mold assessor," "licensed mold assessor," "mold
791	assessor," "professional mold assessor," or any combination
792	thereof unless the person has complied with the provisions of
793	this part.
794	(d)  Perform or offer to perform any mold remediation to a
795	structure on which the mold assessor or the mold assessor's
796	company provided a mold assessment within the last 12 months.
797	(e)  Inspect for a fee any property in which the assessor
798	or the assessor's company has any financial or transfer
799	interest.
800	(f)  Accept any compensation, inducement, or reward from a
801	mold remediator or mold remediator's company for the referral of
802	any business to the mold remediator or the mold remediator's
803	company.
804	(g)  Offer any compensation, inducement, or reward to a
805	mold remediator or mold remediator's company for the referral of
806	any business from the mold remediator or the mold remediator's
807	company.
808	(h)  Accept an engagement to make an omission of the
809	assessment or conduct an assessment in which the assessment
810	itself, or the fee payable for the assessment, is contingent
811	upon the conclusions of the assessment.
812	(2)  A mold remediator, a company that employs a mold
813	remediator, or a company that is controlled by a company that
814	also has a financial interest in a company employing a mold
815	remediator may not:
816	(a)  Perform or offer to perform any mold remediation
817	unless the remediator has documented training in water, mold,
818	and respiratory protection under s. 468.8414(2).
819	(b)  Perform or offer to perform any mold remediation
820	unless the person has complied with the provisions of this part.
821	(c)  Use the name or title "certified mold remediator,"
822	"registered mold remediator," "licensed mold remediator," "mold
823	remediator," "professional mold remediator," or any combination
824	thereof unless the person has complied with the provisions of
825	this part.
826	(d)  Perform or offer to perform any mold assessment to a
827	structure on which the mold remediator or the mold remediator's
828	company provided a mold remediation within the last 12 months.
829	(e)  Remediate for a fee any property in which the mold
830	remediator or the mold remediator's company has any financial or
831	transfer interest.
832	(f)  Accept any compensation, inducement, or reward from a
833	mold assessor or mold assessor's company for the referral of any
834	business from the mold assessor or the mold assessor's company.
835	(g)  Offer any compensation, inducement, or reward to a
836	mold assessor or mold assessor's company for the referral of any
837	business from the mold assessor or the mold assessor's company.
838	(3)  Any person who violates any provision of this section
839	commits:
840	(a)  A misdemeanor of the second degree for a first
841	violation, punishable as provided in s. 775.082 or s. 775.083.
842	(b)  A misdemeanor of the first degree for a second
843	violation, punishable as provided in s. 775.082 or s. 775.083.
844	(c)  A felony of the third degree for a third or subsequent
845	violation, punishable as provided in s. 775.082, s. 775.083, or
846	s. 775.084.
847	(4)  This section does not apply to unlicensed activity as
848	described in paragraph (1)(b), paragraph (1)(c), or s. 455.228
849	that occurs before July 1, 2011.
850	Section 26.  Paragraph (j) is added to subsection (1) of
851	section 468.842, Florida Statutes, to read:
852	468.842  Disciplinary proceedings.-
853	(1)  The following acts constitute grounds for which the
854	disciplinary actions in subsection (2) may be taken:
855	(j)  Failing to meet any standard of practice adopted by
856	rule of the department.
857	Section 27.  Subsection (1) of section 468.8421, Florida
858	Statutes, is amended to read:
859	468.8421  Insurance.-
860	(1)  A mold assessor shall maintain general liability and
861	errors and omissions for both preliminary and postremediation
862	mold assessment insurance coverage in an amount of at least $1
863	million not less than $1,000,000.
864	Section 28.  Section 468.8423, Florida Statutes, is amended
865	to read:
866	468.8423  Grandfather clause.-
867	(1)  A person who performs mold assessment or mold
868	remediation as defined in this part may qualify for licensure to
869	be licensed by the department as a mold assessor or mold
870	remediator if the person submits his or her application to the
871	department by March 1, 2011, whether postmarked or delivered by
872	that date, and if the person: meets the licensure requirements
873	of this part by July 1, 2010.
874	(a)  Is certified as a mold assessor or mold remediator by
875	a state or national association that requires, for such
876	certification, successful completion of a proctored examination
877	on mold assessment or mold remediation, as applicable, and
878	completes at least 60 hours of education on mold assessment or
879	at least 30 hours of education on mold remediation, as
880	applicable; or
881	(b)  At the time of application, has at least 3 years of
882	experience as a mold assessor or mold remediator. To establish
883	the 3 years of experience, an applicant must submit at least 40
884	mold assessments or remediation invoices prepared by the
885	applicant.
886	(2)  The department may investigate the validity of a mold
887	assessment or remediation invoice submitted under paragraph
888	(1)(b) and, if the applicant submits a false assessment or
889	invoice, may take disciplinary action against the applicant
890	under s. 468.842(1)(e) or (g).
891	(3)  An applicant may not qualify for licensure under this
892	section if he or she has had a mold assessor or mold remediator
893	license or a license in any related field revoked at any time or
894	suspended within the previous 5 years or has been assessed a
895	fine that exceeds $500 within the previous 5 years. For purposes
896	of this subsection, a license in a related field includes, but
897	is not limited to, licensure in real estate, construction, home
898	inspection, building code administration or inspection, or
899	indoor air quality.
900	(4)  An applicant for licensure under this section must
901	comply with the good moral character and insurance requirements
902	of this part.
903	Section 29.  Section 468.8424, Florida Statutes, is created
904	to read:
905	468.8424  Rulemaking authority.-The department shall adopt
906	rules to administer this part.
907	Section 30.  Subsection (2) of section 474.203, Florida
908	Statutes, is amended to read:
909	474.203  Exemptions.-This chapter shall not apply to:
910	(2)  A person practicing as an intern or resident
911	veterinarian who does not hold a valid license issued under this
912	chapter and who is a graduate in training at a school or college
913	of veterinary medicine located in this state and accredited by
914	the American Veterinary Medical Association Council on Education
915	or a school or college recognized by the American Veterinary
916	Medical Association Commission for Foreign Veterinary Graduates.
917	Such intern or resident must be a graduate of a school or
918	college of veterinary medicine accredited by the American
919	Veterinary Medical Association Council on Education or a school
920	or college of veterinary medicine recognized by the Educational
921	Commission for Foreign Veterinary Graduates of the American
922	Veterinary Medical Association. This exemption expires when such
923	intern or resident completes or is terminated from such
924	training. Each school or college at which such intern or
925	resident is in training shall, on July 1 of each year, provide
926	the board with a written list of all such interns or residents
927	designated for this exemption, and the school or college shall
928	also notify the board of any additions or deletions to the list.
929
930	For the purposes of chapters 465 and 893, persons exempt
931	pursuant to subsection (1), subsection (2), or subsection (4)
932	are deemed to be duly licensed practitioners authorized by the
933	laws of this state to prescribe drugs or medicinal supplies.
934	Section 31.  Section 475.02, Florida Statutes, is amended
935	to read:
936	475.02  Florida Real Estate Commission.-
937	(1)  There is created within the department the Florida
938	Real Estate Commission. The commission shall consist of seven
939	members who shall be appointed by the Governor, subject to
940	confirmation by the Senate. Four members must be licensed
941	brokers, each of whom has held an active license for the 5 years
942	preceding appointment; one member must be a licensed broker or a
943	licensed sales associate who has held an active license for the
944	2 years preceding appointment; and two members must be persons
945	who are not, and have never been, brokers or sales associates.
946	At least one member of the commission must be 60 years of age or
947	older. The current members may complete their present terms
948	unless removed for cause.
949	(2)  Members shall be appointed for 4-year terms.
950	(3)  Notwithstanding s. 112.313, any member of the
951	commission who is a licensed real estate broker or sales
952	associate and who holds an active real estate school permit,
953	chief administrator permit, school instructor permit, or any
954	combination of such permits issued by the department, to the
955	extent authorized pursuant to such permit, may offer, conduct,
956	or teach any course prescribed or approved by the commission or
957	the department.
958	Section 32.  Paragraph (a) of subsection (1) of section
959	475.175, Florida Statutes, is amended to read:
960	475.175  Examinations.-
961	(1)  A person shall be entitled to take the license
962	examination to practice in this state if the person:
963	(a)  Submits to the department the appropriate signed or
964	electronically authenticated application, digital fingerprint
965	data, and fee, and a fingerprint card. The digital fingerprints
966	fingerprint card shall be forwarded to the Division of Criminal
967	Justice Information Systems within the Department of Law
968	Enforcement for purposes of processing the fingerprints
969	fingerprint card to determine if the applicant has a criminal
970	history record. The fingerprints fingerprint card shall also be
971	forwarded to the Federal Bureau of Investigation for purposes of
972	processing the fingerprints fingerprint card to determine if the
973	applicant has a criminal history record. The information
974	obtained by the processing of the fingerprints fingerprint card
975	by the Florida Department of Law Enforcement and the Federal
976	Bureau of Investigation shall be sent to the department for the
977	purpose of determining if the applicant is statutorily qualified
978	for examination. Effective July 1, 2006, an applicant shall
979	provide fingerprints in electronic format.
980	Section 33.  Section 475.613, Florida Statutes, is amended
981	to read:
982	475.613  Florida Real Estate Appraisal Board.-
983	(1)  There is created the Florida Real Estate Appraisal
984	Board, which shall consist of seven members appointed by the
985	Governor, subject to confirmation by the Senate. Four members of
986	the board must be real estate appraisers who have been engaged
987	in the general practice of appraising real property in this
988	state for at least 5 years immediately preceding appointment. In
989	appointing real estate appraisers to the board, while not
990	excluding other appraisers, the Governor shall give preference
991	to real estate appraisers who are not primarily engaged in real
992	estate brokerage or mortgage lending activities. One member of
993	the board must represent organizations that use appraisals for
994	the purpose of eminent domain proceedings, financial
995	transactions, or mortgage insurance. Two members of the board
996	shall be representatives of the general public and shall not be
997	connected in any way with the practice of real estate appraisal,
998	real estate brokerage, or mortgage lending. The appraiser
999	members shall be as representative of the entire industry as
1000	possible, and membership in a nationally recognized or state-
1001	recognized appraisal organization shall not be a prerequisite to
1002	membership on the board. To the extent possible, no more than
1003	two members of the board shall be primarily affiliated with any
1004	one particular national or state appraisal association. Two of
1005	the members must be licensed or certified residential real
1006	estate appraisers and two of the members must be certified
1007	general real estate appraisers at the time of their appointment.
1008	(a)  Members of the board shall be appointed for 4-year
1009	terms. Any vacancy occurring in the membership of the board
1010	shall be filled by appointment by the Governor for the unexpired
1011	term. Upon expiration of her or his term, a member of the board
1012	shall continue to hold office until the appointment and
1013	qualification of the member's successor. A member may not be
1014	appointed for more than two consecutive terms. The Governor may
1015	remove any member for cause.
1016	(b)  The headquarters for the board shall be in Orlando.
1017	(c)  The board shall meet at least once each calendar
1018	quarter to conduct its business.
1019	(d)  The members of the board shall elect a chairperson at
1020	the first meeting each year.
1021	(e)  Each member of the board is entitled to per diem and
1022	travel expenses as set by legislative appropriation for each day
1023	that the member engages in the business of the board.
1024	(2)  The board shall have, through its rules, full power to
1025	regulate the issuance of licenses, certifications,
1026	registrations, and permits; to discipline appraisers in any
1027	manner permitted under this section; to establish qualifications
1028	for licenses, certifications, registrations, and permits
1029	consistent with this section; to regulate approved courses; to
1030	establish standards for real estate appraisals; and to establish
1031	standards for and regulate supervisory appraisers.
1032	(3)  Notwithstanding s. 112.313, any member of the board
1033	who is a licensed or certified real estate appraiser and who
1034	holds an active appraiser instructor permit issued by the
1035	department, to the extent authorized pursuant to such permit,
1036	may offer, conduct, or teach any course prescribed or approved
1037	by the board or the department.
1038	Section 34.  Subsections (4) through (8) of section
1039	477.019, Florida Statutes, are renumbered as subsections (3)
1040	through (7), respectively, and paragraph (c) of subsection (2)
1041	and present subsection (3) of that section are amended to read:
1042	477.019  Cosmetologists; qualifications; licensure;
1043	supervised practice; license renewal; endorsement; continuing
1044	education.-
1045	(2)  An applicant shall be eligible for licensure by
1046	examination to practice cosmetology if the applicant:
1047	(c)1.  Is authorized to practice cosmetology in another
1048	state or country, has been so authorized for at least 1 year,
1049	and does not qualify for licensure by endorsement as provided
1050	for in subsection (5) (6); or
1051	2.  Has received a minimum of 1,200 hours of training as
1052	established by the board, which shall include, but shall not be
1053	limited to, the equivalent of completion of services directly
1054	related to the practice of cosmetology at one of the following:
1055	a.  A school of cosmetology licensed pursuant to chapter
1056	1005.
1057	b.  A cosmetology program within the public school system.
1058	c.  The Cosmetology Division of the Florida School for the
1059	Deaf and the Blind, provided the division meets the standards of
1060	this chapter.
1061	d.  A government-operated cosmetology program in this
1062	state.
1063
1064	The board shall establish by rule procedures whereby the school
1065	or program may certify that a person is qualified to take the
1066	required examination after the completion of a minimum of 1,000
1067	actual school hours. If the person then passes the examination,
1068	he or she shall have satisfied this requirement; but if the
1069	person fails the examination, he or she shall not be qualified
1070	to take the examination again until the completion of the full
1071	requirements provided by this section.
1072	(3)  An application for the licensure examination for any
1073	license under this section may be submitted for examination
1074	approval in the last 100 hours of training by a pregraduate of a
1075	licensed cosmetology school or a program within the public
1076	school system, which school or program is certified by the
1077	Department of Education with fees as required in paragraph
1078	(2)(b). Upon approval, the applicant may schedule the
1079	examination on a date when the training hours are completed. An
1080	applicant shall have 6 months from the date of approval to take
1081	the examination. After the 6 months have passed, if the
1082	applicant failed to take the examination, the applicant must
1083	reapply. The board shall establish by rule the procedures for
1084	the pregraduate application process.
1085	Section 35.  Subsection (4) of section 509.211, Florida
1086	Statutes, is amended to read:
1087	509.211  Safety regulations.-
1088	(4)  Every enclosed space or room that contains a boiler
1089	regulated under chapter 554 which is fired by the direct
1090	application of energy from the combustion of fuels and that is
1091	located in any portion of a public lodging establishment that
1092	also contains sleeping rooms shall be equipped with one or more
1093	carbon monoxide sensor devices that bear the label of a
1094	nationally recognized testing laboratory and have been tested
1095	and listed as complying with the most recent Underwriters
1096	Laboratories, Inc., Standard 2034, or its equivalent, unless it
1097	is determined that carbon monoxide hazards have otherwise been
1098	adequately mitigated as determined by the Division of State Fire
1099	Marshal of the Department of Financial Services. Such devices
1100	shall be integrated with the public lodging establishment's fire
1101	detection system. Any such installation or determination shall
1102	be made in accordance with rules adopted by the Division of
1103	State Fire Marshal.
1104	Section 36.  Section 548.076, Florida Statutes, is created
1105	to read:
1106	548.076  Cease and desist notices.-When the department has
1107	probable cause to believe that any person not licensed by the
1108	commission has violated any provision of this chapter, or any
1109	rule adopted pursuant thereto, the department may issue and
1110	deliver to such person a notice to cease and desist from such
1111	violation. The department shall issue and enforce such cease and
1112	desist notices in accordance with s. 455.228.
1113	Section 37.  Subsection (1) of section 561.17, Florida
1114	Statutes, is amended to read:
1115	561.17  License and registration applications; approved
1116	person.-
1117	(1)  Any person, before engaging in the business of
1118	manufacturing, bottling, distributing, selling, or in any way
1119	dealing in alcoholic beverages, shall file, with the district
1120	licensing personnel of the district of the division in which the
1121	place of business for which a license is sought is located, a
1122	sworn application in the format prescribed duplicate on forms
1123	provided to the district licensing personnel by the division.
1124	The applicant must be a legal or business entity, person, or
1125	persons and must include all persons, officers, shareholders,
1126	and directors of such legal or business entity that have a
1127	direct or indirect interest in the business seeking to be
1128	licensed under this part. However, the applicant does not
1129	include any person that derives revenue from the license solely
1130	through a contractual relationship with the licensee, the
1131	substance of which contractual relationship is not related to
1132	the control of the sale of alcoholic beverages. Before Prior to
1133	any application is being approved, the division may require the
1134	applicant to file a set of fingerprints on regular United States
1135	Department of Justice forms for herself or himself and for any
1136	person or persons interested directly or indirectly with the
1137	applicant in the business for which the license is being sought,
1138	when so required by the division. If the applicant or any person
1139	who is interested with the applicant either directly or
1140	indirectly in the business or who has a security interest in the
1141	license being sought or has a right to a percentage payment from
1142	the proceeds of the business, either by lease or otherwise, is
1143	not qualified, the division shall deny the application shall be
1144	denied by the division. However, any company regularly traded on
1145	a national securities exchange and not over the counter; any
1146	insurer, as defined in the Florida Insurance Code; or any bank
1147	or savings and loan association chartered by this state, another
1148	state, or the United States which has an interest, directly or
1149	indirectly, in an alcoholic beverage license is shall not be
1150	required to obtain the division's division approval of its
1151	officers, directors, or stockholders or any change of such
1152	positions or interests. A shopping center with five or more
1153	stores, one or more of which has an alcoholic beverage license
1154	and is required under a lease common to all shopping center
1155	tenants to pay no more than 10 percent of the gross proceeds of
1156	the business holding the license to the shopping center, is
1157	shall not be considered as having an interest, directly or
1158	indirectly, in the license.
1159	Section 38.  For the purpose of incorporating the amendment
1160	made by this act to section 455.227, Florida Statutes, in a
1161	reference thereto, paragraph (a) of subsection (2) of section
1162	468.436, Florida Statutes, is reenacted to read:
1163	468.436  Disciplinary proceedings.-
1164	(2)  The following acts constitute grounds for which the
1165	disciplinary actions in subsection (4) may be taken:
1166	(a)  Violation of any provision of s. 455.227(1).
1167	Section 39.  For the purpose of incorporating the amendment
1168	made by this act to section 455.227, Florida Statutes, in a
1169	reference thereto, paragraph (a) of subsection (1) of section
1170	468.832, Florida Statutes, is reenacted to read:
1171	468.832  Disciplinary proceedings.-
1172	(1)  The following acts constitute grounds for which the
1173	disciplinary actions in subsection (2) may be taken:
1174	(a)  Violation of any provision of this part or s.
1175	455.227(1);
1176	Section 40.  For the purpose of incorporating the amendment
1177	made by this act to section 455.227, Florida Statutes, in a
1178	reference thereto, paragraph (a) of subsection (1) of section
1179	468.842, Florida Statutes, is reenacted to read:
1180	468.842  Disciplinary proceedings.-
1181	(1)  The following acts constitute grounds for which the
1182	disciplinary actions in subsection (2) may be taken:
1183	(a)  Violation of any provision of this part or s.
1184	455.227(1);
1185	Section 41.  For the purpose of incorporating the amendment
1186	made by this act to section 455.227, Florida Statutes, in a
1187	reference thereto, paragraph (a) of subsection (1) of section
1188	471.033, Florida Statutes, is reenacted to read:
1189	471.033  Disciplinary proceedings.-
1190	(1)  The following acts constitute grounds for which the
1191	disciplinary actions in subsection (3) may be taken:
1192	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1193	or s. 471.031, or any other provision of this chapter or rule of
1194	the board or department.
1195	Section 42.  For the purpose of incorporating the amendment
1196	made by this act to section 455.227, Florida Statutes, in a
1197	reference thereto, paragraph (a) of subsection (1) of section
1198	473.323, Florida Statutes, is reenacted to read:
1199	473.323  Disciplinary proceedings.-
1200	(1)  The following acts constitute grounds for which the
1201	disciplinary actions in subsection (3) may be taken:
1202	(a)  Violation of any provision of s. 455.227(1) or any
1203	other provision of this chapter.
1204	Section 43.  For the purpose of incorporating the amendment
1205	made by this act to section 455.227, Florida Statutes, in a
1206	reference thereto, paragraph (a) of subsection (1) of section
1207	475.25, Florida Statutes, is reenacted to read:
1208	475.25  Discipline.-
1209	(1)  The commission may deny an application for licensure,
1210	registration, or permit, or renewal thereof; may place a
1211	licensee, registrant, or permittee on probation; may suspend a
1212	license, registration, or permit for a period not exceeding 10
1213	years; may revoke a license, registration, or permit; may impose
1214	an administrative fine not to exceed $5,000 for each count or
1215	separate offense; and may issue a reprimand, and any or all of
1216	the foregoing, if it finds that the licensee, registrant,
1217	permittee, or applicant:
1218	(a)  Has violated any provision of s. 455.227(1) or s.
1219	475.42. However, licensees under this part are exempt from the
1220	provisions of s. 455.227(1)(i).
1221	Section 44.  For the purpose of incorporating the amendment
1222	made by this act to section 455.227, Florida Statutes, in a
1223	reference thereto, subsection (1) of section 475.624, Florida
1224	Statutes, is reenacted to read:
1225	475.624  Discipline.-The board may deny an application for
1226	registration or certification; may investigate the actions of
1227	any appraiser registered, licensed, or certified under this
1228	part; may reprimand or impose an administrative fine not to
1229	exceed $5,000 for each count or separate offense against any
1230	such appraiser; and may revoke or suspend, for a period not to
1231	exceed 10 years, the registration, license, or certification of
1232	any such appraiser, or place any such appraiser on probation, if
1233	it finds that the registered trainee, licensee, or
1234	certificateholder:
1235	(1)  Has violated any provisions of this part or s.
1236	455.227(1); however, certificateholders, registrants, and
1237	licensees under this part are exempt from the provisions of s.
1238	455.227(1)(i).
1239	Section 45.  For the purpose of incorporating the amendment
1240	made by this act to section 455.227, Florida Statutes, in a
1241	reference thereto, paragraph (h) of subsection (1) of section
1242	476.204, Florida Statutes, is reenacted to read:
1243	476.204  Penalties.-
1244	(1)  It is unlawful for any person to:
1245	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1246	s. 476.214.
1247	Section 46.  For the purpose of incorporating the amendment
1248	made by this act to section 455.227, Florida Statutes, in a
1249	reference thereto, paragraph (h) of subsection (1) of section
1250	477.029, Florida Statutes, is reenacted to read:
1251	477.029  Penalty.-
1252	(1)  It is unlawful for any person to:
1253	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1254	or s. 477.028.
1255	Section 47.  For the purpose of incorporating the amendment
1256	made by this act to section 455.227, Florida Statutes, in a
1257	reference thereto, paragraph (a) of subsection (1) of section
1258	481.225, Florida Statutes, is reenacted to read:
1259	481.225  Disciplinary proceedings against registered
1260	architects.-
1261	(1)  The following acts constitute grounds for which the
1262	disciplinary actions in subsection (3) may be taken:
1263	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1264	or s. 481.223, or any rule of the board or department lawfully
1265	adopted pursuant to this part or chapter 455.
1266	Section 48.  For the purpose of incorporating the amendment
1267	made by this act to section 455.227, Florida Statutes, in a
1268	reference thereto, paragraph (a) of subsection (1) of section
1269	481.325, Florida Statutes, is reenacted to read:
1270	481.325  Disciplinary proceedings.-
1271	(1)  The following acts constitute grounds for which the
1272	disciplinary actions in subsection (3) may be taken:
1273	(a)  Violation of any provision of s. 455.227(1), s.
1274	481.321, or s. 481.323.
1275	Section 49.  For the purpose of incorporating the amendment
1276	made by this act to section 468.832, Florida Statutes, in a
1277	reference thereto, subsection (2) of section 468.8314, Florida
1278	Statutes, is reenacted to read:
1279	468.8314  Licensure.-
1280	(2)  The department shall certify for licensure any
1281	applicant who satisfies the requirements of s. 468.8313 and who
1282	has passed the licensing examination. The department may refuse
1283	to certify any applicant who has violated any of the provisions
1284	of s. 468.832.
1285	Section 50.  This act shall take effect July 1, 2010.

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