CS/CS/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. 322.142, F.S.; authorizing the Department of
9	Highway Safety and Motor Vehicles to issue reproductions
10	of driver's licenses to the Department Business and
11	Professional Regulation pursuant to an interagency
12	agreement for a specified purpose; amending s. 455.02,
13	F.S.; authorizing the temporary professional licensure of
14	the spouses of active duty members of the United States
15	Armed Forces under certain circumstances; providing
16	application requirements; requiring criminal history
17	checks and fees; creating s. 455.2122, F.S.; authorizing
18	distance learning courses to satisfy certain licensing
19	education requirements for community association managers
20	and real estate brokers and sales associates; prohibiting
21	requirements for centralized examinations to complete such
22	education requirements; amending s. 455.2123, F.S.;
23	authorizing distance learning courses to satisfy certain
24	continuing education requirements for community
25	association managers, home inspectors, mold assessors and
26	remediators, and real estate brokers, sales associates,
27	and appraisers; prohibiting requirements for centralized
28	examinations to complete such education requirements;
29	amending s. 455.213, F.S.; requiring a licensee to
30	surrender his or her license under certain circumstances;
31	amending s. 455.217, F.S.; revising the departmental unit
32	responsible for administration of certain examinations;
33	limiting an applicant's review of failed examination
34	questions; amending s. 455.2175, F.S.; prohibiting an
35	examinee whose examination materials are confiscated from
36	taking another examination under certain circumstances;
37	repealing s. 455.2226, F.S., relating to continuing
38	education courses on HIV and AIDS required for licensees
39	and certificateholders under the Florida Funeral,
40	Cemetery, and Consumer Services Act; amending s. 455.227,
41	F.S.; revising grounds for the discipline of professional
42	licensees; providing penalties; amending s. 455.228, F.S.;
43	revising terminology for cease and desist notices;
44	amending s. 455.275, F.S.; providing for the service of
45	administrative complaints on certain licensees and
46	publication of certain notices; amending s. 468.83, F.S.;
47	creating the home inspection services licensing program
48	within the department; amending s. 468.8311, F.S.;
49	revising the definition of the term "home inspection
50	services" for purposes of provisions regulating home
51	inspectors; amending s. 468.8312, F.S.; deleting limits on
52	fees for certificates of authorization to conform to
53	changes made by the act; amending s. 468.8313, F.S.;
54	requiring home inspector license applicants to satisfy
55	certain examination requirements before application for
56	licensure; requiring criminal history checks and fees;
57	amending s. 468.8318, F.S.; deleting requirements for
58	certificates of authorization for corporations or
59	partnerships offering home inspection services; amending
60	s. 468.8319, F.S.; prohibiting certain acts relating to
61	home inspection services; delaying implementation of
62	certain prohibited acts; providing penalties; providing an
63	exemption for certain certified contractors; authorizing
64	the department to require certain disclosures on contracts
65	for home repairs performed by such contractors; exempting
66	from punishment certain unlicensed activity occurring
67	before a specified date; amending s. 468.832, F.S.;
68	providing an additional ground for discipline of licensed
69	home inspectors; amending s. 468.8324, F.S.; extending the
70	time for licensure of home inspectors under certain
71	grandfather provisions; revising the licensing criteria
72	for such provisions; authorizing the department to
73	investigate the validity of home inspection reports
74	submitted for licensure under the grandfather provisions;
75	providing penalties for the submission of false reports;
76	creating s. 468.8325, F.S.; requiring the department to
77	adopt rules; amending s. 468.84, F.S.; creating the mold-
78	related services licensing program within the department;
79	amending s. 468.8412, F.S.; deleting limits on fees for
80	certificates of authorization to conform to changes made
81	by the act; amending s. 468.8413, F.S.; requiring mold
82	assessor and mold remediator license applicants to satisfy
83	certain examination requirements before application for
84	licensure; revising the educational requirements for
85	licensure as a mold assessor or mold remediator; requiring
86	criminal history checks and fees; amending s. 468.8414,
87	F.S.; specifying that certain insurance coverage is
88	required for licensure by endorsement; amending s.
89	468.8418, F.S.; deleting requirements for certificates of
90	authorization for corporations or partnerships offering
91	mold-related services; amending s. 468.8419, F.S.;
92	prohibiting certain acts relating to mold assessment and
93	remediation; delaying implementation of certain prohibited
94	acts; providing penalties; providing exemptions for
95	certain certified contractors; authorizing the department
96	to require certain disclosures on contracts for mold-
97	related services performed by such contractors; exempting
98	from punishment certain unlicensed activity occurring
99	before a specified date; amending s. 468.842, F.S.;
100	providing an additional ground for discipline of licensed
101	mold assessors and mold remediators; amending s. 468.8421,
102	F.S.; revising insurance coverage requirements for mold
103	assessors; amending s. 468.8423, F.S.; extending the time
104	for licensure of mold assessors and mold remediators under
105	certain grandfather provisions; revising the licensing
106	criteria for such provisions; authorizing the department
107	to investigate the validity of mold assessments and
108	remediation invoices submitted for licensure under the
109	grandfather provisions; providing penalties for the
110	submission of false assessments or invoices; creating s.
111	468.8424, F.S.; requiring the department to adopt rules;
112	amending s. 474.203, F.S.; revising certain exemptions
113	from regulation of veterinary medical practice; amending
114	s. 475.02, F.S.; authorizing certain members of the
115	Florida Real Estate Commission to offer, conduct, and
116	teach courses prescribed or approved by the commission or
117	the department; amending s. 475.175, F.S.; revising the
118	application and fingerprint requirements for real estate
119	broker and sales associate licenses; deleting a
120	requirement that license applicants provide fingerprints
121	in an electronic format; amending s. 475.613, F.S.;
122	revising qualifications of members of the Florida Real
123	Estate Appraisal Board; authorizing certain board members
124	to offer, conduct, and teach courses prescribed or
125	approved by the board or the department; amending s.
126	477.019, F.S.; deleting time limits for cosmetology
127	license applicants to take the licensure examination;
128	conforming a cross-reference; amending s. 509.211, F.S.;
129	assigning responsibility for the regulation of carbon
130	monoxide hazards in certain public lodging establishments
131	to the Division of State Fire Marshal of the Department of
132	Financial Services; creating s. 548.076, F.S.; authorizing
133	the Department of Business and Professional Regulation to
134	issue and enforce notices to cease and desist from
135	violations of provisions regulating pugilistic
136	exhibitions; providing penalties; amending s. 561.17,
137	F.S.; revising application requirements for alcoholic
138	beverage licenses; reenacting ss. 468.436(2)(a),
139	468.832(1)(a), 468.842(1)(a), 471.033(1)(a),
140	473.323(1)(a), 475.25(1)(a), 475.624(1), 476.204(1)(h),
141	477.029(1)(h), 481.225(1)(a), and 481.325(1)(a), F.S.,
142	relating to disciplinary proceedings for community
143	association managers, home inspectors, mold assessors,
144	mold remediators, engineers, certified public accountants,
145	real estate brokers and sales associates, real estate
146	appraisers, barbers, cosmetologists, architects, and
147	landscape architects, to incorporate the amendment made to
148	s. 455.227, F.S., in references thereto; reenacting s.
149	468.8314(2), F.S., relating to the licensure of home
150	inspectors, to incorporate the amendment made to s.
151	468.832, F.S., in a reference thereto; providing an
152	effective date.
153
154	Be It Enacted by the Legislature of the State of Florida:
155
156	Section 1.  Subsection (4) of section 20.165, Florida
157	Statutes, is amended to read:
158	20.165  Department of Business and Professional
159	Regulation.-There is created a Department of Business and
160	Professional Regulation.
161	(4)(a)  The following boards and programs are established
162	within the Division of Professions:
163	1.  Board of Architecture and Interior Design, created
164	under part I of chapter 481.
165	2.  Florida Board of Auctioneers, created under part VI of
166	chapter 468.
167	3.  Barbers' Board, created under chapter 476.
168	4.  Florida Building Code Administrators and Inspectors
169	Board, created under part XII of chapter 468.
170	5.  Construction Industry Licensing Board, created under
171	part I of chapter 489.
172	6.  Board of Cosmetology, created under chapter 477.
173	7.  Electrical Contractors' Licensing Board, created under
174	part II of chapter 489.
175	8.  Board of Employee Leasing Companies, created under part
176	XI of chapter 468.
177	9.  Board of Landscape Architecture, created under part II
178	of chapter 481.
179	10.  Board of Pilot Commissioners, created under chapter
180	310.
181	11.  Board of Professional Engineers, created under chapter
182	471.
183	12.  Board of Professional Geologists, created under
184	chapter 492.
185	13.  Board of Veterinary Medicine, created under chapter
186	474.
187	14.  Home inspection services licensing program, created
188	under part XV of chapter 468.
189	15.  Mold-related services licensing program, created under
190	part XVI of chapter 468.
191	(b)  The following board and commission are established
192	within the Division of Real Estate:
193	1.  Florida Real Estate Appraisal Board, created under part
194	II of chapter 475.
195	2.  Florida Real Estate Commission, created under part I of
196	chapter 475.
197	(c)  The following board is established within the Division
198	of Certified Public Accounting:
199	1.  Board of Accountancy, created under chapter 473.
200	Section 2.  Subsection (2) of section 215.37, Florida
201	Statutes, is amended to read:
202	215.37  Department of Business and Professional Regulation
203	and the boards to be financed from fees collected; deposit of
204	funds; service charge; appropriation.-
205	(2)  The regulation by the department of professions, as
206	defined in s. 455.01 chapter 455, by the department shall be
207	financed solely from revenue collected by it from fees and other
208	charges and deposited in the Professional Regulation Trust Fund,
209	and all such revenue is hereby appropriated to the department.
210	However, it is legislative intent that each profession shall
211	operate within its anticipated fees.
212	Section 3.  Subsection (4) of section 322.142, Florida
213	Statutes, is amended to read:
214	322.142  Color photographic or digital imaged licenses.-
215	(4)  The department may maintain a film negative or print
216	file. The department shall maintain a record of the digital
217	image and signature of the licensees, together with other data
218	required by the department for identification and retrieval.
219	Reproductions from the file or digital record are exempt from
220	the provisions of s. 119.07(1) and shall be made and issued only
221	for departmental administrative purposes; for the issuance of
222	duplicate licenses; in response to law enforcement agency
223	requests; to the Department of Business and Professional
224	Regulation pursuant to an interagency agreement for the purpose
225	of accessing digital images for reproduction of licenses issued
226	by the Department of Business and Professional Regulation; to
227	the Department of State pursuant to an interagency agreement to
228	facilitate determinations of eligibility of voter registration
229	applicants and registered voters in accordance with ss. 98.045
230	and 98.075; to the Department of Revenue pursuant to an
231	interagency agreement for use in establishing paternity and
232	establishing, modifying, or enforcing support obligations in
233	Title IV-D cases; to the Department of Children and Family
234	Services pursuant to an interagency agreement to conduct
235	protective investigations under part III of chapter 39; or to
236	the Department of Financial Services pursuant to an interagency
237	agreement to facilitate the location of owners of unclaimed
238	property, the validation of unclaimed property claims, and the
239	identification of fraudulent or false claims.
240	Section 4.  Section 455.017, Florida Statutes, is amended
241	to read:
242	455.017  Applicability of this chapter.-The provisions of
243	This chapter applies apply only to the regulation by the
244	department of professions by the department.
245	Section 5.  Section 455.02, Florida Statutes, is amended to
246	read:
247	455.02  Licensure of members of the Armed Forces in good
248	standing with administrative boards and their spouses.-
249	(1)  Any member of the Armed Forces of the United States
250	now or hereafter on active duty who, at the time of becoming
251	such a member, was in good standing with any administrative
252	board of the state and was entitled to practice or engage in his
253	or her profession or vocation in the state shall be kept in good
254	standing by such administrative board, without registering,
255	paying dues or fees, or performing any other act on his or her
256	part to be performed, as long as he or she is a member of the
257	Armed Forces of the United States on active duty and for a
258	period of 6 months after discharge from active duty as a member
259	of the Armed Forces of the United States, if provided he or she
260	is not engaged in his or her licensed profession or vocation in
261	the private sector for profit.
262	(2)  The boards listed in s. 20.165 shall adopt promulgate
263	rules that exempt exempting the spouse spouses of a member
264	members of the Armed Forces of the United States from licensure
265	renewal provisions, but only in cases of his or her absence from
266	the state because of his or her spouse's their spouses' duties
267	with the Armed Forces.
268	(3)(a)  The department may issue a temporary professional
269	license to the spouse of an active duty member of the Armed
270	Forces of the United States if the spouse applies to the
271	department in the format prescribed by the department. An
272	application must include:
273	1.  Proof that the applicant is married to a member of the
274	Armed Forces of the United States who is on active duty.
275	2.  Proof that the applicant holds a valid license for the
276	profession issued by another state, the District of Columbia,
277	any possession or territory of the United States, or any foreign
278	jurisdiction.
279	3.  Proof that the applicant's spouse is assigned to a duty
280	station in this state and that the applicant is also assigned to
281	a duty station in this state pursuant to the member's official
282	active duty military orders.
283	4.  Proof that a complete set of the applicant's
284	fingerprints are submitted to the Department of Law Enforcement
285	for a statewide criminal history check. The Department of Law
286	Enforcement shall forward the fingerprints to the Federal Bureau
287	of Investigation for a national criminal history check. The
288	department shall, and the board may, review the results of the
289	criminal history checks according to the level 2 screening
290	standards in s. 435.04 and determine whether the applicant meets
291	the licensure requirements. The costs of fingerprint processing
292	shall be borne by the applicant. If the applicant's fingerprints
293	are submitted through an authorized agency or vendor, the agency
294	or vendor shall collect the required processing fees and remit
295	the fees to the Department of Law Enforcement.
296	(b)  An application must be accompanied by an application
297	fee prescribed by the department that is sufficient to cover the
298	cost of issuance of the temporary license.
299	(c)  A temporary license expires 6 months after the date of
300	issuance and is not renewable.
301	Section 6.  Section 455.2122, Florida Statutes, is created
302	to read:
303	455.2122  Education.-A board, or the department when there
304	is no board, shall approve distance learning courses as an
305	alternative to classroom courses to satisfy prelicensure or
306	postlicensure education requirements in part VIII of chapter 468
307	or part I of chapter 475. A board, or the department when there
308	is no board, may not require centralized examinations for
309	completion of prelicensure or postlicensure education
310	requirements for professions licensed under part VIII of chapter
311	468 or part I of chapter 475.
312	Section 7.  Section 455.2123, Florida Statutes, is amended
313	to read:
314	455.2123  Continuing education.-A board, or the department
315	when there is no board, may provide by rule that distance
316	learning may be used to satisfy continuing education
317	requirements. A board, or the department when there is no board,
318	shall approve distance learning courses as an alternative to
319	classroom courses to satisfy continuing education requirements
320	in part VIII, part XV, or part XVI of chapter 468 or part I or
321	part II of chapter 475 and may not require centralized
322	examinations for completion of continuing education requirements
323	for the professions licensed under part VIII, part XV, or part
324	XVI of chapter 468 or part I or part II of chapter 475.
325	Section 8.  Subsection (2) of section 455.213, Florida
326	Statutes, is amended to read:
327	455.213  General licensing provisions.-
328	(2)  Before the issuance of any license, the department may
329	charge an initial license fee as determined by rule of the
330	applicable board or, if no such board exists, by rule of the
331	department. Upon receipt of the appropriate license fee, except
332	as provided in subsection (3), the department shall issue a
333	license to any person certified by the appropriate board, or its
334	designee, or the department when there is no board, as having
335	met the applicable requirements imposed by law or rule. However,
336	an applicant who is not otherwise qualified for licensure is not
337	entitled to licensure solely based on a passing score on a
338	required examination. Upon a determination by the department
339	that it erroneously issued a license, or upon the revocation of
340	a license by the applicable board, or by the department when
341	there is no board, the licensee must surrender his or her
342	license to the department.
343	Section 9.  Subsections (1) and (3) of section 455.217,
344	Florida Statutes, are amended to read:
345	455.217  Examinations.-This section shall be read in
346	conjunction with the appropriate practice act associated with
347	each regulated profession under this chapter.
348	(1)  The Division of Professions Service Operations of the
349	Department of Business and Professional Regulation shall
350	provide, contract, or approve services for the development,
351	preparation, administration, scoring, score reporting, and
352	evaluation of all examinations. The division shall seek the
353	advice of the appropriate board in providing such services.
354	(a)  The department, acting in conjunction with the
355	Division of Service Operations, the Division of Professions, and
356	the Division of Real Estate, as appropriate, shall ensure that
357	examinations adequately and reliably measure an applicant's
358	ability to practice the profession regulated by the department.
359	After an examination developed or approved by the department has
360	been administered, the board or department may reject any
361	question which does not reliably measure the general areas of
362	competency specified in the rules of the board or department,
363	when there is no board. The department shall use qualified
364	outside testing vendors for the development, preparation, and
365	evaluation of examinations, when such services are economically
366	and viably available and approved by the department.
367	(b)  For each examination developed by the department or
368	contracted vendor, to the extent not otherwise specified by
369	statute, the board or the department when there is no board,
370	shall by rule specify the general areas of competency to be
371	covered by the examination, the relative weight to be assigned
372	in grading each area tested, the score necessary to achieve a
373	passing grade, and the fees, where applicable, to cover the
374	actual cost for any purchase, development, and administration of
375	the required examination. However, statutory fee caps in each
376	practice act shall apply. This subsection does not apply to
377	national examinations approved and administered pursuant to
378	paragraph (d).
379	(c)  If a practical examination is deemed to be necessary,
380	rules shall specify the criteria by which examiners are to be
381	selected, the grading criteria to be used by the examiner, the
382	relative weight to be assigned in grading each criterion, and
383	the score necessary to achieve a passing grade. When a mandatory
384	standardization exercise for a practical examination is required
385	by law, the board may conduct such exercise. Therefore, board
386	members may serve as examiners at a practical examination with
387	the consent of the board.
388	(d)  A board, or the department when there is no board, may
389	approve by rule the use of any national examination which the
390	department has certified as meeting requirements of national
391	examinations and generally accepted testing standards pursuant
392	to department rules. Providers of examinations, which may be
393	either profit or nonprofit entities, seeking certification by
394	the department shall pay the actual costs incurred by the
395	department in making a determination regarding the
396	certification. The department shall use any national examination
397	which is available, certified by the department, and approved by
398	the board. The name and number of a candidate may be provided to
399	a national contractor for the limited purpose of preparing the
400	grade tape and information to be returned to the board or
401	department or, to the extent otherwise specified by rule, the
402	candidate may apply directly to the vendor of the national
403	examination. The department may delegate to the board the duty
404	to provide and administer the examination. Any national
405	examination approved by a board, or the department when there is
406	no board, prior to October 1, 1997, is deemed certified under
407	this paragraph. Any licensing or certification examination that
408	is not developed or administered by the department in-house or
409	provided as a national examination shall be competitively bid.
410	(e)  The department shall adopt rules regarding the
411	security and monitoring of examinations. In order to maintain
412	the security of examinations, the department may employ the
413	procedures set forth in s. 455.228 to seek fines and injunctive
414	relief against an examinee who violates the provisions of s.
415	455.2175 or the rules adopted pursuant to this paragraph. The
416	department, or any agent thereof, may, for the purposes of
417	investigation, confiscate any written, photographic, or
418	recording material or device in the possession of the examinee
419	at the examination site which the department deems necessary to
420	enforce such provisions or rules.
421	(f)  If the professional board with jurisdiction over an
422	examination concurs, the department may, for a fee, share with
423	any other state's licensing authority an examination developed
424	by or for the department unless prohibited by a contract entered
425	into by the department for development or purchase of the
426	examination. The department, with the concurrence of the
427	appropriate board, shall establish guidelines that ensure
428	security of a shared exam and shall require that any other
429	state's licensing authority comply with those guidelines. Those
430	guidelines shall be approved by the appropriate professional
431	board. All fees paid by the user shall be applied to the
432	department's examination and development program for professions
433	regulated by this chapter. All fees paid by the user for
434	professions not regulated by this chapter shall be applied to
435	offset the fees for the development and administration of that
436	profession's examination. If both a written and a practical
437	examination are given, an applicant shall be required to retake
438	only the portion of the examination for which he or she failed
439	to achieve a passing grade, if he or she successfully passes
440	that portion within a reasonable time of his or her passing the
441	other portion.
442	(3)  Except for national examinations approved and
443	administered pursuant to paragraph (1)(d), the department shall
444	provide procedures for applicants who have taken and failed an
445	examination developed by the department or a contracted vendor
446	to review their most recently administered examination
447	questions, answers, papers, grades, and grading key for the
448	questions the candidate answered incorrectly or, if not
449	feasible, the parts of the examination failed. Applicants shall
450	bear the actual cost for the department to provide examination
451	review pursuant to this subsection. An applicant may waive in
452	writing the confidentiality of his or her examination grades.
453	Section 10.  Section 455.2175, Florida Statutes, is amended
454	to read:
455	455.2175  Penalty for theft or reproduction of an
456	examination.-In addition to, or in lieu of, any other discipline
457	imposed pursuant to s. 455.227, the theft of an examination in
458	whole or in part or the act of reproducing or copying any
459	examination administered by the department, whether such
460	examination is reproduced or copied in part or in whole and by
461	any means, constitutes a felony of the third degree, punishable
462	as provided in s. 775.082, s. 775.083, or s. 775.084. An
463	examinee whose examination materials are confiscated is not
464	permitted to take another examination until the criminal
465	investigation reveals that the examinee did not violate this
466	section.
467	Section 11.  Section 455.2226, Florida Statutes, is
468	repealed.
469	Section 12.  Paragraph (c) of subsection (1) of section
470	455.227, Florida Statutes, is amended to read:
471	455.227  Grounds for discipline; penalties; enforcement.-
472	(1)  The following acts shall constitute grounds for which
473	the disciplinary actions specified in subsection (2) may be
474	taken:
475	(c)  Being convicted or found guilty of, or entering a plea
476	of guilty or nolo contendere to, regardless of adjudication, a
477	crime in any jurisdiction which relates to the practice of, or
478	the ability to practice, a licensee's profession.
479	Section 13.  Subsection (1) of section 455.228, Florida
480	Statutes, is amended to read:
481	455.228  Unlicensed practice of a profession; cease and
482	desist notice; civil penalty; enforcement; citations; allocation
483	of moneys collected.-
484	(1)  When the department has probable cause to believe that
485	any person not licensed by the department, or the appropriate
486	regulatory board within the department, has violated any
487	provision of this chapter or any statute that relates to the
488	practice of a profession regulated by the department, or any
489	rule adopted pursuant thereto, the department may issue and
490	deliver to such person a notice to cease and desist from such
491	violation. In addition, the department may issue and deliver a
492	notice to cease and desist to any person who aids and abets the
493	unlicensed practice of a profession by employing such unlicensed
494	person. The issuance of a notice to cease and desist shall not
495	constitute agency action for which a hearing under ss. 120.569
496	and 120.57 may be sought. For the purpose of enforcing a cease
497	and desist notice order, the department may file a proceeding in
498	the name of the state seeking issuance of an injunction or a
499	writ of mandamus against any person who violates any provisions
500	of such notice order. In addition to the foregoing remedies, the
501	department may impose an administrative penalty not to exceed
502	$5,000 per incident pursuant to the provisions of chapter 120 or
503	may issue a citation pursuant to the provisions of subsection
504	(3). If the department is required to seek enforcement of the
505	notice order for a penalty pursuant to s. 120.569, it shall be
506	entitled to collect its attorney's fees and costs, together with
507	any cost of collection.
508	Section 14.  Subsection (3) is added to section 455.275,
509	Florida Statutes, to read:
510	455.275  Address of record.-
511	(3)(a)  Notwithstanding any provision of law, when an
512	administrative complaint is served on a licensee of the
513	department, the department shall provide service by regular mail
514	to the licensee's last known address of record, by certified
515	mail to the last known address of record, and, if possible, by
516	e-mail.
517	(b)  If service, as provided in paragraph (a), does not
518	provide the department with proof of service, the department
519	shall call the last known telephone number of record and cause a
520	short, plain notice to the licensee to be published once each
521	week for 4 consecutive weeks in a newspaper published in the
522	county of the licensee's last known address of record. If a
523	newspaper is not published in the county, the administrative
524	complaint may be published in a newspaper of general circulation
525	in the county. If the licensee's last known address is located
526	in another state or in a foreign jurisdiction, the
527	administrative complaint may be published in Leon County
528	pursuant to s. 120.60(5).
529	Section 15.  Section 468.83, Florida Statutes, is amended
530	to read:
531	468.83  Home inspection services licensing program;
532	purpose.-
533	(1)  There is created within the department the home
534	inspection services licensing program.
535	(2)  The Legislature recognizes that there is a need to
536	require the licensing of home inspectors and to ensure that
537	consumers of home inspection services can rely on the competence
538	of home inspectors, as determined by educational and experience
539	requirements and testing. Therefore, the Legislature deems it
540	necessary in the interest of the public welfare to regulate home
541	inspectors in this state.
542	Section 16.  Subsection (4) of section 468.8311, Florida
543	Statutes, is amended to read:
544	468.8311  Definitions.-As used in this part, the term:
545	(4)  "Home inspection services" means a limited visual
546	examination of one or more of the following readily accessible
547	installed systems and components of a home: the structure,
548	electrical system, HVAC system, roof covering, plumbing system,
549	interior components, exterior components, and site conditions
550	that affect the structure, for the purposes of providing a
551	written professional opinion of the condition of the home.
552	Section 17.  Subsections (5) through (8) of section
553	468.8312, Florida Statutes, are renumbered as subsections (4)
554	through (7), respectively, and present subsection (4) of that
555	section is amended to read:
556	468.8312  Fees.-
557	(4)  The fee for a certificate of authorization shall not
558	exceed $125.
559	Section 18.  Subsections (1) and (2) of section 468.8313,
560	Florida Statutes, are amended, and paragraph (d) is added to
561	subsection (5) of that section, to read:
562	468.8313  Examinations.-
563	(1)  A person desiring to be licensed as a home inspector
564	must shall apply to the department after satisfying the
565	examination requirements of this part to take a licensure
566	examination.
567	(2)  An applicant may shall be entitled to take the
568	licensure examination for the purpose of determining whether he
569	or she is qualified to practice in this state as a home
570	inspector if he or she passes the required examination, the
571	applicant is of good moral character, and completes has
572	completed a course of study of at least no less than 120 hours
573	that covers all of the following components of a home:
574	structure, electrical system, HVAC system, roof covering,
575	plumbing system, interior components, exterior components, and
576	site conditions that affect the structure.
577	(5)
578	(d)  An applicant for a license shall submit, together with
579	the application, a complete set of electronic fingerprints to
580	the department. The department shall submit the fingerprints to
581	the Department of Law Enforcement for state processing, and the
582	Department of Law Enforcement shall forward the fingerprints to
583	the Federal Bureau of Investigation for national processing, to
584	determine whether the applicant has a criminal history record.
585	The department shall review the background results to determine
586	whether the applicant meets licensure requirements. The
587	applicant is responsible for the costs associated with
588	processing the fingerprints. The authorized agencies or vendors
589	shall collect such fees and pay for the processing costs due to
590	the Department of Law Enforcement.
591	Section 19.  Section 468.8318, Florida Statutes, is amended
592	to read:
593	468.8318  Certification of corporations and partnerships.-
594	(1)  The department shall issue a certificate of
595	authorization to a corporation or partnership offering home
596	inspection services to the public if the corporation or
597	partnership satisfies all of the requirements of this part.
598	(2)  The practice of or the offer to practice home
599	inspection services by licensees through a corporation or
600	partnership offering home inspection services to the public, or
601	by a corporation or partnership offering such services to the
602	public through licensees under this part as agents, employees,
603	officers, or partners, is permitted subject to the provisions of
604	this part, provided that all personnel of the corporation or
605	partnership who act in its behalf as home inspectors in this
606	state are licensed as provided by this part; and further
607	provided that the corporation or partnership has been issued a
608	certificate of authorization by the department as provided in
609	this section. Nothing in this section shall be construed to
610	allow a corporation to hold a license to practice home
611	inspection services. No corporation or partnership shall be
612	relieved of responsibility for the conduct or acts of its
613	agents, employees, or officers by reason of its compliance with
614	this section, nor shall any individual practicing home
615	inspection services be relieved of responsibility for
616	professional services performed by reason of his or her
617	employment or relationship with a corporation or partnership.
618	(3)  For the purposes of this section, a certificate of
619	authorization shall be required for a corporation, partnership,
620	association, or person practicing under a fictitious name and
621	offering home inspection services to the public; however, when
622	an individual is practicing home inspection services in his or
623	her own given name, he or she shall not be required to register
624	under this section.
625	(4)  Each certificate of authorization shall be renewed
626	every 2 years. Each partnership and corporation certified under
627	this section shall notify the department within 1 month of any
628	change in the information contained in the application upon
629	which the certification is based.
630	(5)  Disciplinary action against a corporation or
631	partnership shall be administered in the same manner and on the
632	same grounds as disciplinary action against a licensed home
633	inspector.
634	Section 20.  Section 468.8319, Florida Statutes, is amended
635	to read:
636	468.8319  Prohibitions; penalties.-
637	(1)  A person home inspector, a company that employs a home
638	inspector, or a company that is controlled by a company that
639	also has a financial interest in a company employing a home
640	inspector may not:
641	(a)  Effective July 1, 2011, practice or offer to practice
642	home inspection services unless the person has complied with the
643	provisions of this part.;
644	(b)  Effective July 1, 2011, use the name or title
645	"certified home inspector," "registered home inspector,"
646	"licensed home inspector," "home inspector," "professional home
647	inspector," or any combination thereof unless the person has
648	complied with the provisions of this part.;
649	(c)  Present as his or her own the license of another.;
650	(d)  Knowingly give false or forged evidence to the
651	department or an employee thereof.;
652	(e)  Use or attempt to use a license that has been
653	suspended or revoked.;
654	(f)  Perform or offer to perform, prior to closing, for any
655	additional fee, any repairs to a home on which the inspector or
656	the inspector's company has prepared a home inspection report.
657	This paragraph does not apply to:
658	1.  A home warranty company that is affiliated with or
659	retains a home inspector to perform repairs pursuant to a claim
660	made under a home warranty contract.
661	2.  A certified contractor who is classified in s.
662	489.105(3) as a Division I contractor. However, the department
663	may adopt rules requiring that, if such contractor performs the
664	home inspection and offers to perform the repairs, the contract
665	for repairs provided to the homeowner disclose that he or she
666	has the right to request competitive bids.;
667	(g)  Inspect for a fee any property in which the inspector
668	or the inspector's company has any financial or transfer
669	interest.;
670	(h)  Offer or deliver any compensation, inducement, or
671	reward to any broker or agent therefor for the referral of the
672	owner of the inspected property to the inspector or the
673	inspection company.; or
674	(i)  Accept an engagement to make an omission or prepare a
675	report in which the inspection itself, or the fee payable for
676	the inspection, is contingent upon either the conclusions in the
677	report, preestablished findings, or the close of escrow.
678	(2)  Any person who is found to be in violation of any
679	provision of this section commits a misdemeanor of the first
680	degree, punishable as provided in s. 775.082 or s. 775.083.
681	(3)  This section does not apply to unlicensed activity as
682	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
683	that occurs before July 1, 2011.
684	Section 21.  Paragraph (j) is added to subsection (1) of
685	section 468.832, Florida Statutes, to read:
686	468.832  Disciplinary proceedings.-
687	(1)  The following acts constitute grounds for which the
688	disciplinary actions in subsection (2) may be taken:
689	(j)  Failing to meet any standard of practice adopted by
690	rule of the department.
691	Section 22.  Section 468.8324, Florida Statutes, is amended
692	to read:
693	468.8324  Grandfather clause.-
694	(1)  A person who performs home inspection services as
695	defined in this part may qualify for licensure to be licensed by
696	the department as a home inspector if the person submits his or
697	her application to the department by March 1, 2011, whether
698	postmarked or delivered by that date, and if the person: meets
699	the licensure requirements of this part by July 1, 2010.
700	(a)  Is certified as a home inspector by a state or
701	national association that requires, for such certification,
702	successful completion of a proctored examination on home
703	inspection services and completes at least 14 hours of
704	verifiable education on such services; or
705	(b)  At the time of application, has at least 3 years of
706	experience as a home inspector and completes at least 14 hours
707	of verifiable education on home inspection services. To
708	establish the 3 years of experience, an applicant must submit at
709	least 120 home inspection reports prepared by the applicant.
710	(2)  The department may investigate the validity of a home
711	inspection report submitted under paragraph (1)(b) and, if the
712	applicant submits a false report, may take disciplinary action
713	against the applicant under s. 468.832(1)(e) or (g).
714	(3)  An applicant may not qualify for licensure under this
715	section if he or she has had a home inspector license or a
716	license in any related field revoked at any time or suspended
717	within the previous 5 years or has been assessed a fine that
718	exceeds $500 within the previous 5 years. For purposes of this
719	subsection, a license in a related field includes, but is not
720	limited to, licensure in real estate, construction, mold-related
721	services, or building code administration or inspection.
722	(4)  An applicant for licensure under this section must
723	comply with the criminal history, good moral character, and
724	insurance requirements of this part.
725	Section 23.  Section 468.8325, Florida Statutes, is created
726	to read:
727	468.8325  Rulemaking authority.-The department shall adopt
728	rules to administer this part.
729	Section 24.  Section 468.84, Florida Statutes, is amended
730	to read:
731	468.84  Mold-related services licensing program;
732	legislative purpose.-
733	(1)  There is created within the department the mold-
734	related services licensing program.
735	(2)  The Legislature finds it necessary in the interest of
736	the public safety and welfare, to prevent damage to real and
737	personal property, to avert economic injury to the residents of
738	this state, and to regulate persons and companies that hold
739	themselves out to the public as qualified to perform mold-
740	related services.
741	Section 25.  Subsections (7) through (10) of section
742	468.8412, Florida Statutes, are renumbered as subsections (6)
743	through (9), respectively, and present subsection (6) of that
744	section is amended to read:
745	468.8412  Fees.-
746	(6)  The fee for a biennial certificate of authorization
747	renewal shall not exceed $400.
748	Section 26.  Subsections (1) and (2) of section 468.8413,
749	Florida Statutes, are amended, and paragraph (d) is added to
750	subsection (4) of that section, to read:
751	468.8413  Examinations.-
752	(1)  A person desiring to be licensed as a mold assessor or
753	mold remediator must shall apply to the department after
754	satisfying the examination requirements of this part to take a
755	licensure examination.
756	(2)  An applicant may shall be entitled to take the
757	licensure examination to practice in this state as a mold
758	assessor or mold remediator if he or she passes the required
759	examination, the applicant is of good moral character, and
760	completes has satisfied one of the following requirements:
761	(a)1.  For a mold remediator, at least a 2-year associate
762	of arts degree, or the equivalent, with at least 30 semester
763	hours in microbiology, engineering, architecture, industrial
764	hygiene, occupational safety, or a related field of science from
765	an accredited institution and a minimum of 1 year of documented
766	field experience in a field related to mold remediation; or
767	2.  A high school diploma or the equivalent with a minimum
768	of 4 years of documented field experience in a field related to
769	mold remediation.
770	(b)1.  For a mold assessor, at least a 2-year associate of
771	arts degree, or the equivalent, with at least 30 semester hours
772	in microbiology, engineering, architecture, industrial hygiene,
773	occupational safety, or a related field of science from an
774	accredited institution and a minimum of 1 year of documented
775	field experience in conducting microbial sampling or
776	investigations; or
777	2.  A high school diploma or the equivalent with a minimum
778	of 4 years of documented field experience in conducting
779	microbial sampling or investigations.
780	(4)
781	(d)  An applicant for a license shall submit, together with
782	the application, a complete set of electronic fingerprints to
783	the department. The department shall submit the fingerprints to
784	the Department of Law Enforcement for state processing, and the
785	Department of Law Enforcement shall forward the fingerprints to
786	the Federal Bureau of Investigation for national processing, to
787	determine whether the applicant has a criminal history record.
788	The department shall review the background results to determine
789	whether the applicant meets licensure requirements. The
790	applicant is responsible for the costs associated with
791	processing the fingerprints. The authorized agencies or vendors
792	shall collect such fees and pay for the processing costs due to
793	the Department of Law Enforcement.
794	Section 27.  Subsection (3) of section 468.8414, Florida
795	Statutes, is amended to read:
796	468.8414  Licensure.-
797	(3)  The department shall certify as qualified for a
798	license by endorsement an applicant who is of good moral
799	character, who has the insurance coverage required under s.
800	468.8421, and who:
801	(a)  Is qualified to take the examination as set forth in
802	s. 468.8413 and has passed a certification examination offered
803	by a nationally recognized organization that certifies persons
804	in the specialty of mold assessment or mold remediation that has
805	been approved by the department as substantially equivalent to
806	the requirements of this part and s. 455.217; or
807	(b)  Holds a valid license to practice mold assessment or
808	mold remediation issued by another state or territory of the
809	United States if the criteria for issuance of the license were
810	substantially the same as the licensure criteria that is
811	established by this part as determined by the department.
812	Section 28.  Section 468.8418, Florida Statutes, is amended
813	to read:
814	468.8418  Certification of partnerships and corporations.-
815	(1)  The department shall issue a certificate of
816	authorization to a corporation or partnership offering mold
817	assessment or mold remediation services to the public if the
818	corporation or partnership satisfies all of the requirements of
819	this part.
820	(2)  The practice of or the offer to practice mold
821	assessment or mold remediation by licensees through a
822	corporation or partnership offering mold assessment or mold
823	remediation to the public, or by a corporation or partnership
824	offering such services to the public through licensees under
825	this part as agents, employees, officers, or partners, is
826	permitted subject to the provisions of this part, provided that
827	the corporation or partnership has been issued a certificate of
828	authorization by the department as provided in this section.
829	Nothing in this section shall be construed to allow a
830	corporation to hold a license to practice mold assessment or
831	mold remediation. No corporation or partnership shall be
832	relieved of responsibility for the conduct or acts of its
833	agents, employees, or officers by reason of its compliance with
834	this section, nor shall any individual practicing mold
835	assessment or mold remediation be relieved of responsibility for
836	professional services performed by reason of his or her
837	employment or relationship with a corporation or partnership.
838	(3)  For the purposes of this section, a certificate of
839	authorization shall be required for a corporation, partnership,
840	association, or person practicing under a fictitious name,
841	offering mold assessment or mold remediation; however, when an
842	individual is practicing mold assessment or mold remediation
843	under his or her own given name, he or she shall not be required
844	to register under this section.
845	(4)  Each certificate of authorization shall be renewed
846	every 2 years. Each partnership and corporation certified under
847	this section shall notify the department within 1 month of any
848	change in the information contained in the application upon
849	which the certification is based.
850	(5)  Disciplinary action against a corporation or
851	partnership shall be administered in the same manner and on the
852	same grounds as disciplinary action against a licensed mold
853	assessor or mold remediator.
854	Section 29.  Section 468.8419, Florida Statutes, is amended
855	to read:
856	468.8419  Prohibitions; penalties.-
857	(1)  A person mold assessor, a company that employs a mold
858	assessor, or a company that is controlled by a company that also
859	has a financial interest in a company employing a mold assessor
860	may not:
861	(a)  Effective July 1, 2011, perform or offer to perform
862	any mold assessment unless the mold assessor has documented
863	training in water, mold, and respiratory protection under s.
864	468.8414(2).
865	(b)  Effective July 1, 2011, perform or offer to perform
866	any mold assessment unless the person has complied with the
867	provisions of this part.
868	(c)  Use the name or title "certified mold assessor,"
869	"registered mold assessor," "licensed mold assessor," "mold
870	assessor," "professional mold assessor," or any combination
871	thereof unless the person has complied with the provisions of
872	this part.
873	(d)  Perform or offer to perform any mold remediation to a
874	structure on which the mold assessor or the mold assessor's
875	company provided a mold assessment within the last 12 months.
876	This paragraph does not apply to a certified contractor who is
877	classified in s. 489.105(3) as a Division I contractor. However,
878	the department may adopt rules requiring that, if such
879	contractor performs the mold assessment and offers to perform
880	the mold remediation, the contract for mold remediation provided
881	to the homeowner disclose that he or she has the right to
882	request competitive bids.
883	(e)  Inspect for a fee any property in which the assessor
884	or the assessor's company has any financial or transfer
885	interest.
886	(f)  Accept any compensation, inducement, or reward from a
887	mold remediator or mold remediator's company for the referral of
888	any business to the mold remediator or the mold remediator's
889	company.
890	(g)  Offer any compensation, inducement, or reward to a
891	mold remediator or mold remediator's company for the referral of
892	any business from the mold remediator or the mold remediator's
893	company.
894	(h)  Accept an engagement to make an omission of the
895	assessment or conduct an assessment in which the assessment
896	itself, or the fee payable for the assessment, is contingent
897	upon the conclusions of the assessment.
898	(2)  A mold remediator, a company that employs a mold
899	remediator, or a company that is controlled by a company that
900	also has a financial interest in a company employing a mold
901	remediator may not:
902	(a)  Perform or offer to perform any mold remediation
903	unless the remediator has documented training in water, mold,
904	and respiratory protection under s. 468.8414(2).
905	(b)  Perform or offer to perform any mold remediation
906	unless the person has complied with the provisions of this part.
907	(c)  Use the name or title "certified mold remediator,"
908	"registered mold remediator," "licensed mold remediator," "mold
909	remediator," "professional mold remediator," or any combination
910	thereof unless the person has complied with the provisions of
911	this part.
912	(d)  Perform or offer to perform any mold assessment to a
913	structure on which the mold remediator or the mold remediator's
914	company provided a mold remediation within the last 12 months.
915	This paragraph does not apply to a certified contractor who is
916	classified in s. 489.105(3) as a Division I contractor. However,
917	the department may adopt rules requiring that, if such
918	contractor performs the mold remediation and offers to perform
919	the mold assessment, the contract for mold assessment provided
920	to the homeowner disclose that he or she has the right to
921	request competitive bids.
922	(e)  Remediate for a fee any property in which the mold
923	remediator or the mold remediator's company has any financial or
924	transfer interest.
925	(f)  Accept any compensation, inducement, or reward from a
926	mold assessor or mold assessor's company for the referral of any
927	business from the mold assessor or the mold assessor's company.
928	(g)  Offer any compensation, inducement, or reward to a
929	mold assessor or mold assessor's company for the referral of any
930	business from the mold assessor or the mold assessor's company.
931	(3)  Any person who violates any provision of this section
932	commits:
933	(a)  A misdemeanor of the second degree for a first
934	violation, punishable as provided in s. 775.082 or s. 775.083.
935	(b)  A misdemeanor of the first degree for a second
936	violation, punishable as provided in s. 775.082 or s. 775.083.
937	(c)  A felony of the third degree for a third or subsequent
938	violation, punishable as provided in s. 775.082, s. 775.083, or
939	s. 775.084.
940	(4)  This section does not apply to unlicensed activity as
941	described in paragraphs (1)(a)-(d) or s. 455.228 that occurs
942	before July 1, 2011.
943	Section 30.  Paragraph (j) is added to subsection (1) of
944	section 468.842, Florida Statutes, to read:
945	468.842  Disciplinary proceedings.-
946	(1)  The following acts constitute grounds for which the
947	disciplinary actions in subsection (2) may be taken:
948	(j)  Failing to meet any standard of practice adopted by
949	rule of the department.
950	Section 31.  Subsection (1) of section 468.8421, Florida
951	Statutes, is amended to read:
952	468.8421  Insurance.-
953	(1)  A mold assessor shall maintain general liability and
954	errors and omissions for both preliminary and postremediation
955	mold assessment insurance coverage in an amount of at least $1
956	million not less than $1,000,000.
957	Section 32.  Section 468.8423, Florida Statutes, is amended
958	to read:
959	468.8423  Grandfather clause.-
960	(1)  A person who performs mold assessment or mold
961	remediation as defined in this part may qualify for licensure to
962	be licensed by the department as a mold assessor or mold
963	remediator if the person submits his or her application to the
964	department by March 1, 2011, whether postmarked or delivered by
965	that date, and if the person: meets the licensure requirements
966	of this part by July 1, 2010.
967	(a)  Is certified as a mold assessor or mold remediator by
968	a state or national association that requires, for such
969	certification, successful completion of a proctored examination
970	on mold assessment or mold remediation, as applicable, and
971	completes at least 60 hours of education on mold assessment or
972	at least 30 hours of education on mold remediation, as
973	applicable; or
974	(b)  At the time of application, has at least 3 years of
975	experience as a mold assessor or mold remediator. To establish
976	the 3 years of experience, an applicant must submit at least 40
977	mold assessments or remediation invoices prepared by the
978	applicant.
979	(2)  The department may investigate the validity of a mold
980	assessment or remediation invoice submitted under paragraph
981	(1)(b) and, if the applicant submits a false assessment or
982	invoice, may take disciplinary action against the applicant
983	under s. 468.842(1)(e) or (g).
984	(3)  An applicant may not qualify for licensure under this
985	section if he or she has had a mold assessor or mold remediator
986	license or a license in any related field revoked at any time or
987	suspended within the previous 5 years or has been assessed a
988	fine that exceeds $500 within the previous 5 years. For purposes
989	of this subsection, a license in a related field includes, but
990	is not limited to, licensure in real estate, construction, home
991	inspection, building code administration or inspection, or
992	indoor air quality.
993	(4)  An applicant for licensure under this section must
994	comply with the good moral character and insurance requirements
995	of this part.
996	Section 33.  Section 468.8424, Florida Statutes, is created
997	to read:
998	468.8424  Rulemaking authority.-The department shall adopt
999	rules to administer this part.
1000	Section 34.  Subsection (2) and paragraph (a) of subsection
1001	(5) of section 474.203, Florida Statutes, are amended to read:
1002	474.203  Exemptions.-This chapter shall not apply to:
1003	(2)  A person practicing as an intern or resident
1004	veterinarian who does not hold a valid license issued under this
1005	chapter and who is a graduate in training at a school or college
1006	of veterinary medicine located in this state and accredited by
1007	the American Veterinary Medical Association Council on Education
1008	or a school or college recognized by the American Veterinary
1009	Medical Association Commission for Foreign Veterinary Graduates.
1010	Such intern or resident must be a graduate of a school or
1011	college of veterinary medicine accredited by the American
1012	Veterinary Medical Association Council on Education or a school
1013	or college of veterinary medicine recognized by the Educational
1014	Commission for Foreign Veterinary Graduates of the American
1015	Veterinary Medical Association. This exemption expires when such
1016	intern or resident completes or is terminated from such
1017	training. Each school or college at which such intern or
1018	resident is in training shall, on July 1 of each year, provide
1019	the board with a written list of all such interns or residents
1020	designated for this exemption, and the school or college shall
1021	also notify the board of any additions or deletions to the list.
1022	(5)(a)  Any person, or the person's regular employee,
1023	administering to the ills or injuries of her or his own animals,
1024	including, but not limited to, castration, spaying, and
1025	dehorning of herd animals, unless title is has been transferred
1026	or employment provided for the purpose of circumventing this
1027	law. This exemption does shall not apply to any person licensed
1028	as a veterinarian in another state or foreign jurisdiction and
1029	is out-of-state veterinarians practicing temporarily in this the
1030	state. However, only a veterinarian may immunize or treat an
1031	animal for diseases which are communicable to humans and which
1032	are of public health significance.
1033
1034	For the purposes of chapters 465 and 893, persons exempt
1035	pursuant to subsection (1), subsection (2), or subsection (4)
1036	are deemed to be duly licensed practitioners authorized by the
1037	laws of this state to prescribe drugs or medicinal supplies.
1038	Section 35.  Section 475.02, Florida Statutes, is amended
1039	to read:
1040	475.02  Florida Real Estate Commission.-
1041	(1)  There is created within the department the Florida
1042	Real Estate Commission. The commission shall consist of seven
1043	members who shall be appointed by the Governor, subject to
1044	confirmation by the Senate. Four members must be licensed
1045	brokers, each of whom has held an active license for the 5 years
1046	preceding appointment; one member must be a licensed broker or a
1047	licensed sales associate who has held an active license for the
1048	2 years preceding appointment; and two members must be persons
1049	who are not, and have never been, brokers or sales associates.
1050	At least one member of the commission must be 60 years of age or
1051	older. The current members may complete their present terms
1052	unless removed for cause.
1053	(2)  Members shall be appointed for 4-year terms.
1054	(3)  Notwithstanding s. 112.313, any member of the
1055	commission who is a licensed real estate broker or sales
1056	associate and who holds an active real estate school permit,
1057	chief administrator permit, school instructor permit, or any
1058	combination of such permits issued by the department, to the
1059	extent authorized pursuant to such permit, may offer, conduct,
1060	or teach any course prescribed or approved by the commission or
1061	the department.
1062	Section 36.  Paragraph (a) of subsection (1) of section
1063	475.175, Florida Statutes, is amended to read:
1064	475.175  Examinations.-
1065	(1)  A person shall be entitled to take the license
1066	examination to practice in this state if the person:
1067	(a)  Submits to the department the appropriate signed or
1068	electronically authenticated application, digital fingerprint
1069	data, and fee, and a fingerprint card. The digital fingerprints
1070	fingerprint card shall be forwarded to the Division of Criminal
1071	Justice Information Systems within the Department of Law
1072	Enforcement for purposes of processing the fingerprints
1073	fingerprint card to determine if the applicant has a criminal
1074	history record. The fingerprints fingerprint card shall also be
1075	forwarded to the Federal Bureau of Investigation for purposes of
1076	processing the fingerprints fingerprint card to determine if the
1077	applicant has a criminal history record. The information
1078	obtained by the processing of the fingerprints fingerprint card
1079	by the Florida Department of Law Enforcement and the Federal
1080	Bureau of Investigation shall be sent to the department for the
1081	purpose of determining if the applicant is statutorily qualified
1082	for examination. Effective July 1, 2006, an applicant shall
1083	provide fingerprints in electronic format.
1084	Section 37.  Section 475.613, Florida Statutes, is amended
1085	to read:
1086	475.613  Florida Real Estate Appraisal Board.-
1087	(1)  There is created the Florida Real Estate Appraisal
1088	Board, which shall consist of seven members appointed by the
1089	Governor, subject to confirmation by the Senate. Four members of
1090	the board must be real estate appraisers who have been engaged
1091	in the general practice of appraising real property in this
1092	state for at least 5 years immediately preceding appointment. In
1093	appointing real estate appraisers to the board, while not
1094	excluding other appraisers, the Governor shall give preference
1095	to real estate appraisers who are not primarily engaged in real
1096	estate brokerage or mortgage lending activities. One member of
1097	the board must represent organizations that use appraisals for
1098	the purpose of eminent domain proceedings, financial
1099	transactions, or mortgage insurance. Two members of the board
1100	shall be representatives of the general public and shall not be
1101	connected in any way with the practice of real estate appraisal,
1102	real estate brokerage, or mortgage lending. The appraiser
1103	members shall be as representative of the entire industry as
1104	possible, and membership in a nationally recognized or state-
1105	recognized appraisal organization shall not be a prerequisite to
1106	membership on the board. To the extent possible, no more than
1107	two members of the board shall be primarily affiliated with any
1108	one particular national or state appraisal association. Two of
1109	the members must be licensed or certified residential real
1110	estate appraisers and two of the members must be certified
1111	general real estate appraisers at the time of their appointment.
1112	(a)  Members of the board shall be appointed for 4-year
1113	terms. Any vacancy occurring in the membership of the board
1114	shall be filled by appointment by the Governor for the unexpired
1115	term. Upon expiration of her or his term, a member of the board
1116	shall continue to hold office until the appointment and
1117	qualification of the member's successor. A member may not be
1118	appointed for more than two consecutive terms. The Governor may
1119	remove any member for cause.
1120	(b)  The headquarters for the board shall be in Orlando.
1121	(c)  The board shall meet at least once each calendar
1122	quarter to conduct its business.
1123	(d)  The members of the board shall elect a chairperson at
1124	the first meeting each year.
1125	(e)  Each member of the board is entitled to per diem and
1126	travel expenses as set by legislative appropriation for each day
1127	that the member engages in the business of the board.
1128	(2)  The board shall have, through its rules, full power to
1129	regulate the issuance of licenses, certifications,
1130	registrations, and permits; to discipline appraisers in any
1131	manner permitted under this section; to establish qualifications
1132	for licenses, certifications, registrations, and permits
1133	consistent with this section; to regulate approved courses; to
1134	establish standards for real estate appraisals; and to establish
1135	standards for and regulate supervisory appraisers.
1136	(3)  Notwithstanding s. 112.313, any member of the board
1137	who is a licensed or certified real estate appraiser and who
1138	holds an active appraiser instructor permit issued by the
1139	department, to the extent authorized pursuant to such permit,
1140	may offer, conduct, or teach any course prescribed or approved
1141	by the board or the department.
1142	Section 38.  Subsections (4) through (8) of section
1143	477.019, Florida Statutes, are renumbered as subsections (3)
1144	through (7), respectively, and paragraph (c) of subsection (2)
1145	and present subsection (3) of that section are amended to read:
1146	477.019  Cosmetologists; qualifications; licensure;
1147	supervised practice; license renewal; endorsement; continuing
1148	education.-
1149	(2)  An applicant shall be eligible for licensure by
1150	examination to practice cosmetology if the applicant:
1151	(c)1.  Is authorized to practice cosmetology in another
1152	state or country, has been so authorized for at least 1 year,
1153	and does not qualify for licensure by endorsement as provided
1154	for in subsection (5) (6); or
1155	2.  Has received a minimum of 1,200 hours of training as
1156	established by the board, which shall include, but shall not be
1157	limited to, the equivalent of completion of services directly
1158	related to the practice of cosmetology at one of the following:
1159	a.  A school of cosmetology licensed pursuant to chapter
1160	1005.
1161	b.  A cosmetology program within the public school system.
1162	c.  The Cosmetology Division of the Florida School for the
1163	Deaf and the Blind, provided the division meets the standards of
1164	this chapter.
1165	d.  A government-operated cosmetology program in this
1166	state.
1167
1168	The board shall establish by rule procedures whereby the school
1169	or program may certify that a person is qualified to take the
1170	required examination after the completion of a minimum of 1,000
1171	actual school hours. If the person then passes the examination,
1172	he or she shall have satisfied this requirement; but if the
1173	person fails the examination, he or she shall not be qualified
1174	to take the examination again until the completion of the full
1175	requirements provided by this section.
1176	(3)  An application for the licensure examination for any
1177	license under this section may be submitted for examination
1178	approval in the last 100 hours of training by a pregraduate of a
1179	licensed cosmetology school or a program within the public
1180	school system, which school or program is certified by the
1181	Department of Education with fees as required in paragraph
1182	(2)(b). Upon approval, the applicant may schedule the
1183	examination on a date when the training hours are completed. An
1184	applicant shall have 6 months from the date of approval to take
1185	the examination. After the 6 months have passed, if the
1186	applicant failed to take the examination, the applicant must
1187	reapply. The board shall establish by rule the procedures for
1188	the pregraduate application process.
1189	Section 39.  Subsection (4) of section 509.211, Florida
1190	Statutes, is amended to read:
1191	509.211  Safety regulations.-
1192	(4)  Every enclosed space or room that contains a boiler
1193	regulated under chapter 554 which is fired by the direct
1194	application of energy from the combustion of fuels and that is
1195	located in any portion of a public lodging establishment that
1196	also contains sleeping rooms shall be equipped with one or more
1197	carbon monoxide sensor devices that bear the label of a
1198	nationally recognized testing laboratory and have been tested
1199	and listed as complying with the most recent Underwriters
1200	Laboratories, Inc., Standard 2034, or its equivalent, unless it
1201	is determined that carbon monoxide hazards have otherwise been
1202	adequately mitigated as determined by the Division of State Fire
1203	Marshal of the Department of Financial Services. Such devices
1204	shall be integrated with the public lodging establishment's fire
1205	detection system. Any such installation or determination shall
1206	be made in accordance with rules adopted by the Division of
1207	State Fire Marshal.
1208	Section 40.  Section 548.076, Florida Statutes, is created
1209	to read:
1210	548.076  Cease and desist notices.-When the department has
1211	probable cause to believe that any person not licensed by the
1212	commission has violated any provision of this chapter, or any
1213	rule adopted pursuant thereto, the department may issue and
1214	deliver to such person a notice to cease and desist from such
1215	violation. The department shall issue and enforce such cease and
1216	desist notices in accordance with s. 455.228.
1217	Section 41.  Subsection (1) of section 561.17, Florida
1218	Statutes, is amended to read:
1219	561.17  License and registration applications; approved
1220	person.-
1221	(1)  Any person, before engaging in the business of
1222	manufacturing, bottling, distributing, selling, or in any way
1223	dealing in alcoholic beverages, shall file, with the district
1224	licensing personnel of the district of the division in which the
1225	place of business for which a license is sought is located, a
1226	sworn application in the format prescribed duplicate on forms
1227	provided to the district licensing personnel by the division.
1228	The applicant must be a legal or business entity, person, or
1229	persons and must include all persons, officers, shareholders,
1230	and directors of such legal or business entity that have a
1231	direct or indirect interest in the business seeking to be
1232	licensed under this part. However, the applicant does not
1233	include any person that derives revenue from the license solely
1234	through a contractual relationship with the licensee, the
1235	substance of which contractual relationship is not related to
1236	the control of the sale of alcoholic beverages. Before Prior to
1237	any application is being approved, the division may require the
1238	applicant to file a set of fingerprints on regular United States
1239	Department of Justice forms for herself or himself and for any
1240	person or persons interested directly or indirectly with the
1241	applicant in the business for which the license is being sought,
1242	when so required by the division. If the applicant or any person
1243	who is interested with the applicant either directly or
1244	indirectly in the business or who has a security interest in the
1245	license being sought or has a right to a percentage payment from
1246	the proceeds of the business, either by lease or otherwise, is
1247	not qualified, the division shall deny the application shall be
1248	denied by the division. However, any company regularly traded on
1249	a national securities exchange and not over the counter; any
1250	insurer, as defined in the Florida Insurance Code; or any bank
1251	or savings and loan association chartered by this state, another
1252	state, or the United States which has an interest, directly or
1253	indirectly, in an alcoholic beverage license is shall not be
1254	required to obtain the division's division approval of its
1255	officers, directors, or stockholders or any change of such
1256	positions or interests. A shopping center with five or more
1257	stores, one or more of which has an alcoholic beverage license
1258	and is required under a lease common to all shopping center
1259	tenants to pay no more than 10 percent of the gross proceeds of
1260	the business holding the license to the shopping center, is
1261	shall not be considered as having an interest, directly or
1262	indirectly, in the license.
1263	Section 42.  For the purpose of incorporating the amendment
1264	made by this act to section 455.227, Florida Statutes, in a
1265	reference thereto, paragraph (a) of subsection (2) of section
1266	468.436, Florida Statutes, is reenacted to read:
1267	468.436  Disciplinary proceedings.-
1268	(2)  The following acts constitute grounds for which the
1269	disciplinary actions in subsection (4) may be taken:
1270	(a)  Violation of any provision of s. 455.227(1).
1271	Section 43.  For the purpose of incorporating the amendment
1272	made by this act to section 455.227, Florida Statutes, in a
1273	reference thereto, paragraph (a) of subsection (1) of section
1274	468.832, Florida Statutes, is reenacted to read:
1275	468.832  Disciplinary proceedings.-
1276	(1)  The following acts constitute grounds for which the
1277	disciplinary actions in subsection (2) may be taken:
1278	(a)  Violation of any provision of this part or s.
1279	455.227(1);
1280	Section 44.  For the purpose of incorporating the amendment
1281	made by this act to section 455.227, Florida Statutes, in a
1282	reference thereto, paragraph (a) of subsection (1) of section
1283	468.842, Florida Statutes, is reenacted to read:
1284	468.842  Disciplinary proceedings.-
1285	(1)  The following acts constitute grounds for which the
1286	disciplinary actions in subsection (2) may be taken:
1287	(a)  Violation of any provision of this part or s.
1288	455.227(1);
1289	Section 45.  For the purpose of incorporating the amendment
1290	made by this act to section 455.227, Florida Statutes, in a
1291	reference thereto, paragraph (a) of subsection (1) of section
1292	471.033, Florida Statutes, is reenacted to read:
1293	471.033  Disciplinary proceedings.-
1294	(1)  The following acts constitute grounds for which the
1295	disciplinary actions in subsection (3) may be taken:
1296	(a)  Violating any provision of s. 455.227(1), s. 471.025,
1297	or s. 471.031, or any other provision of this chapter or rule of
1298	the board or department.
1299	Section 46.  For the purpose of incorporating the amendment
1300	made by this act to section 455.227, Florida Statutes, in a
1301	reference thereto, paragraph (a) of subsection (1) of section
1302	473.323, Florida Statutes, is reenacted to read:
1303	473.323  Disciplinary proceedings.-
1304	(1)  The following acts constitute grounds for which the
1305	disciplinary actions in subsection (3) may be taken:
1306	(a)  Violation of any provision of s. 455.227(1) or any
1307	other provision of this chapter.
1308	Section 47.  For the purpose of incorporating the amendment
1309	made by this act to section 455.227, Florida Statutes, in a
1310	reference thereto, paragraph (a) of subsection (1) of section
1311	475.25, Florida Statutes, is reenacted to read:
1312	475.25  Discipline.-
1313	(1)  The commission may deny an application for licensure,
1314	registration, or permit, or renewal thereof; may place a
1315	licensee, registrant, or permittee on probation; may suspend a
1316	license, registration, or permit for a period not exceeding 10
1317	years; may revoke a license, registration, or permit; may impose
1318	an administrative fine not to exceed $5,000 for each count or
1319	separate offense; and may issue a reprimand, and any or all of
1320	the foregoing, if it finds that the licensee, registrant,
1321	permittee, or applicant:
1322	(a)  Has violated any provision of s. 455.227(1) or s.
1323	475.42. However, licensees under this part are exempt from the
1324	provisions of s. 455.227(1)(i).
1325	Section 48.  For the purpose of incorporating the amendment
1326	made by this act to section 455.227, Florida Statutes, in a
1327	reference thereto, subsection (1) of section 475.624, Florida
1328	Statutes, is reenacted to read:
1329	475.624  Discipline.-The board may deny an application for
1330	registration or certification; may investigate the actions of
1331	any appraiser registered, licensed, or certified under this
1332	part; may reprimand or impose an administrative fine not to
1333	exceed $5,000 for each count or separate offense against any
1334	such appraiser; and may revoke or suspend, for a period not to
1335	exceed 10 years, the registration, license, or certification of
1336	any such appraiser, or place any such appraiser on probation, if
1337	it finds that the registered trainee, licensee, or
1338	certificateholder:
1339	(1)  Has violated any provisions of this part or s.
1340	455.227(1); however, certificateholders, registrants, and
1341	licensees under this part are exempt from the provisions of s.
1342	455.227(1)(i).
1343	Section 49.  For the purpose of incorporating the amendment
1344	made by this act to section 455.227, Florida Statutes, in a
1345	reference thereto, paragraph (h) of subsection (1) of section
1346	476.204, Florida Statutes, is reenacted to read:
1347	476.204  Penalties.-
1348	(1)  It is unlawful for any person to:
1349	(h)  Violate any provision of s. 455.227(1), s. 476.194, or
1350	s. 476.214.
1351	Section 50.  For the purpose of incorporating the amendment
1352	made by this act to section 455.227, Florida Statutes, in a
1353	reference thereto, paragraph (h) of subsection (1) of section
1354	477.029, Florida Statutes, is reenacted to read:
1355	477.029  Penalty.-
1356	(1)  It is unlawful for any person to:
1357	(h)  Violate any provision of s. 455.227(1), s. 477.0265,
1358	or s. 477.028.
1359	Section 51.  For the purpose of incorporating the amendment
1360	made by this act to section 455.227, Florida Statutes, in a
1361	reference thereto, paragraph (a) of subsection (1) of section
1362	481.225, Florida Statutes, is reenacted to read:
1363	481.225  Disciplinary proceedings against registered
1364	architects.-
1365	(1)  The following acts constitute grounds for which the
1366	disciplinary actions in subsection (3) may be taken:
1367	(a)  Violating any provision of s. 455.227(1), s. 481.221,
1368	or s. 481.223, or any rule of the board or department lawfully
1369	adopted pursuant to this part or chapter 455.
1370	Section 52.  For the purpose of incorporating the amendment
1371	made by this act to section 455.227, Florida Statutes, in a
1372	reference thereto, paragraph (a) of subsection (1) of section
1373	481.325, Florida Statutes, is reenacted to read:
1374	481.325  Disciplinary proceedings.-
1375	(1)  The following acts constitute grounds for which the
1376	disciplinary actions in subsection (3) may be taken:
1377	(a)  Violation of any provision of s. 455.227(1), s.
1378	481.321, or s. 481.323.
1379	Section 53.  For the purpose of incorporating the amendment
1380	made by this act to section 468.832, Florida Statutes, in a
1381	reference thereto, subsection (2) of section 468.8314, Florida
1382	Statutes, is reenacted to read:
1383	468.8314  Licensure.-
1384	(2)  The department shall certify for licensure any
1385	applicant who satisfies the requirements of s. 468.8313 and who
1386	has passed the licensing examination. The department may refuse
1387	to certify any applicant who has violated any of the provisions
1388	of s. 468.832.
1389	Section 54.  This act shall take effect July 1, 2010.

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