Amendment
Bill No. CS/HB 5005

Amendment No. 518261

CHAMBER ACTION
Senate		House
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1	The Conference Committee on CS/HB 5005 offered the following:
2
3	Conference Committee Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (a) of subsection (4) of section
6	20.165, Florida Statutes, is amended to read:
7	20.165  Department of Business and Professional
8	Regulation.-There is created a Department of Business and
9	Professional Regulation.
10	(4)(a)  The following boards and programs are established
11	within the Division of Professions:
12	1.  Board of Architecture and Interior Design, created
13	under part I of chapter 481.
14	2.  Florida Board of Auctioneers, created under part VI of
15	chapter 468.
16	3.  Barbers' Board, created under chapter 476.
17	4.  Florida Building Code Administrators and Inspectors
18	Board, created under part XII of chapter 468.
19	5.  Construction Industry Licensing Board, created under
20	part I of chapter 489.
21	6.  Board of Cosmetology, created under chapter 477.
22	7.  Electrical Contractors' Licensing Board, created under
23	part II of chapter 489.
24	8.  Board of Employee Leasing Companies, created under part
25	XI of chapter 468.
26	9.  Board of Landscape Architecture, created under part II
27	of chapter 481.
28	10.  Board of Pilot Commissioners, created under chapter
29	310.
30	11.  Board of Professional Engineers, created under chapter
31	471.
32	12.  Board of Professional Geologists, created under
33	chapter 492.
34	13.  Board of Veterinary Medicine, created under chapter
35	474.
36	14.  Home inspection services licensing program, created
37	under part XV of chapter 468.
38	15.  Mold-related services licensing program, created under
39	part XVI of chapter 468.
40	Section 2.  Section 468.381, Florida Statutes, is amended
41	to read:
42	468.381  Purpose.-The Legislature finds that unqualified
43	auctioneers and apprentices and unreliable auction businesses
44	present a significant threat to the public. It is the intent of
45	the Legislature to protect the public by creating a board to
46	regulate auctioneers, apprentices, and auction businesses and by
47	requiring a license to operate.
48	Section 3.  Subsection (10) is added to section 468.383,
49	Florida Statutes, to read:
50	468.383  Exemptions.-This act does not apply to the
51	following:
52	(10)  Motor vehicle auctions, as defined in s.
53	320.27(1)(c)4., conducted by auctioneers licensed in other
54	states and held for the purpose of conducting sanctioned
55	contests among auctioneers, if an auctioneer licensed pursuant
56	to this part is on site to monitor the sanctioned contest.
57	Section 4.  Subsection (3) of section 468.384, Florida
58	Statutes, is amended to read:
59	468.384  Florida Board of Auctioneers.-
60	(3)  The board shall receive and act upon applications for
61	auctioneer, apprentice, and auction business licenses and shall
62	have the power to issue, suspend, and revoke such licenses and
63	to take such other action as is necessary to carry out the
64	provisions of this act.
65	Section 5.  Subsections (3), (5), (6), (7), and (8) of
66	section 468.385, Florida Statutes, are amended to read:
67	468.385  Licenses required; qualifications; examination.-
68	(3)  A No person may not shall be licensed as an auctioneer
69	or apprentice if he or she:
70	(a)  Is under 18 years of age; or
71	(b)  Has committed any act or offense in this state or any
72	other jurisdiction which would constitute a basis for
73	disciplinary action under s. 468.389.
74	(5)  Each apprentice shall work under the supervision of
75	application and license shall name a licensed auctioneer who has
76	agreed to serve as the supervisor of the apprentice. An No
77	apprentice may not conduct, or contract to conduct, an auction
78	without the express approval of his or her supervisor. The
79	supervisor shall regularly review the apprentice's records,
80	which are required by the board to be maintained, to determine
81	if such records are accurate and current.
82	(6)  A No person may not shall be licensed as an auctioneer
83	unless he or she:
84	(a)  Has held an apprentice license and has served as an
85	apprentice for 1 year or more, or has completed a course of
86	study, consisting of not less than 80 classroom hours of
87	instruction, that meets standards adopted by the board;
88	(b)  Has passed the required examination; and
89	(c)  Is approved by the board.
90	(7)(a)  Any auction that is subject to the provisions of
91	this part must be conducted by an auctioneer who has an active
92	license or an apprentice who is actively supervised by a
93	licensed sponsor has an active apprentice auctioneer license and
94	who has received prior written sponsor consent.
95	(b)  A No business may not shall auction or offer to
96	auction any property in this state unless it is licensed as an
97	auction business by the board or is exempt from licensure under
98	this act. Each application for licensure shall include the names
99	of the owner and the business, the business mailing address and
100	location, and any other information which the board may require.
101	The owner of an auction business shall report to the board
102	within 30 days after of any change in this required information.
103	(8)  A license issued by the department to an auctioneer,
104	apprentice, or auction business is not transferable.
105	Section 6.  Present subsections (5) through (10) of section
106	468.3855, Florida Statutes, are amended, and a new subsection
107	(9) is added to that section, to read:
108	468.3855  Apprenticeship training requirements.-
109	(5)  Each apprentice and sponsor shall file reports as
110	required by board rule.
111	(5)(6)  A sponsor may not authorize an apprentice to
112	conduct an auction or act as principal auctioneer unless the
113	sponsor has determined that the apprentice has received adequate
114	training to do so.
115	(6)(7)  The sponsor is shall be responsible for any acts or
116	omissions of the apprentice which constitute a violation of law
117	in relation to the conduct of an auction.
118	(8)  All apprentice applications shall be valid for a
119	period of 6 months after board approval. Any applicant who fails
120	to complete the licensure process within that time shall be
121	required to make application as a new applicant.
122	(7)(9)  Any licensed apprentice who wishes to change the
123	sponsor under whom he or she is supervised licensed must submit
124	a new application and application fee. However, a new license
125	fee shall not be required and credit shall be awarded credit for
126	training received or any period of apprenticeship served under
127	the previous sponsor.
128	(8)(10)  Credit for training received or any period of
129	apprenticeship served is shall not be allowed unless it occurred
130	under the supervision of the sponsor under whose supervision the
131	apprentice is licensed.
132	(9)  An apprentice must submit verification of his or her
133	apprenticeship signed by the sponsor or sponsors on a form
134	prescribed by the department at the time of submitting the
135	application for an auctioneer license.
136	Section 7.  Subsection (4) and paragraph (b) of subsection
137	(11) of section 468.388, Florida Statutes, are amended to read:
138	468.388  Conduct of an auction.-
139	(4)  Each auction must be conducted by an auctioneer who
140	has an active license or by an apprentice who has an active
141	apprentice auctioneer license and who has received prior written
142	sponsor consent. Each auction must be conducted under the
143	auspices of a licensed auction business. Any auctioneer or
144	apprentice auctioneer conducting an auction, and any auction
145	business under whose auspices such auction is held, shall be
146	responsible for determining that any auctioneer, apprentice, or
147	auction business with whom they are associated in conducting
148	such auction has an active Florida auctioneer, apprentice, or
149	auction business license.
150	(11)
151	(b)  A No licensed auctioneer, apprentice, or licensed
152	auction business, or apprentice may not disseminate or cause to
153	be disseminated any advertisement or advertising which is false,
154	deceptive, misleading, or untruthful. Any advertisement or
155	advertising is shall be deemed to be false, deceptive,
156	misleading, or untruthful if it:
157	1.  Contains misrepresentations of facts.
158	2.  Is misleading or deceptive because, in its content or
159	in the context in which it is presented, it makes only a partial
160	disclosure of relevant facts.
161	3.  Creates false or unjustified expectations of the
162	services to be performed.
163	4.  Contains any representation or claim which the
164	advertising licensee fails to perform.
165	5.  Fails to include the name and license number of the
166	principal auctioneer and the auction business.
167	6.  Fails to include the name and license number of the
168	sponsor if an apprentice is acting as the principal auctioneer.
169	7.  Advertises an auction as absolute without specifying
170	any and all items to be sold with reserve or with minimum bids.
171	8.  Fails to include the percentage amount of any buyer's
172	premium or surcharge which is a condition to sale.
173	Section 8.  Section 468.391, Florida Statutes, is amended
174	to read:
175	468.391  Penalty.-Any auctioneer, apprentice, or auction
176	business or any owner or manager thereof, or, in the case of
177	corporate ownership, any substantial stockholder of the
178	corporation owning the auction business, who operates without an
179	active license or written sponsorship consent or violates any
180	provision of the prohibited acts listed under s. 468.389 commits
181	a felony of the third degree, punishable as provided in s.
182	775.082 or s. 775.083.
183	Section 9.  Section 477.0132, Florida Statutes, is amended
184	to read:
185	(Substantial rewording of section. See
186	s. 477.0132, F.S., for present text.)
187	477.0132  Hair braiding, hair wrapping, and body wrapping;
188	application of chapter.-This chapter does not apply to a person
189	whose occupation or practice is confined solely to hair
190	braiding, hair wrapping, or body wrapping.
191	Section 10.  Subsection (7) of section 477.019, Florida
192	Statutes, is amended to read:
193	477.019  Cosmetologists; qualifications; licensure;
194	supervised practice; license renewal; endorsement; continuing
195	education.-
196	(7)(a)  The board shall prescribe by rule continuing
197	education requirements intended to ensure protection of the
198	public through updated training of licensees and registered
199	specialists, not to exceed 16 hours biennially, as a condition
200	for renewal of a license or registration as a specialist under
201	this chapter. Continuing education courses shall include, but is
202	not be limited to, the following subjects as they relate to the
203	practice of cosmetology: human immunodeficiency virus and
204	acquired immune deficiency syndrome; Occupational Safety and
205	Health Administration regulations; workers' compensation issues;
206	state and federal laws and rules as they pertain to
207	cosmetologists, cosmetology, salons, specialists, specialty
208	salons, and booth renters; chemical makeup as it pertains to
209	hair, skin, and nails; and environmental issues. Courses given
210	at cosmetology conferences may be counted toward the number of
211	continuing education hours required if approved by the board.
212	(b)  Any person whose occupation or practice is confined
213	solely to hair braiding, hair wrapping, or body wrapping is
214	exempt from the continuing education requirements of this
215	subsection.
216	(b)(c)  The board may, by rule, require any licensee in
217	violation of a continuing education requirement to take a
218	refresher course or refresher course and examination in addition
219	to any other penalty. The number of hours for the refresher
220	course may not exceed 48 hours.
221	Section 11.  Paragraph (f) of subsection (1) of section
222	477.026, Florida Statutes, is amended to read:
223	477.026  Fees; disposition.-
224	(1)  The board shall set fees according to the following
225	schedule:
226	(f)  For hair braiders, hair wrappers, and body wrappers,
227	fees for registration shall not exceed $25.
228	Section 12.  Paragraph (g) of subsection (1) of section
229	477.0265, Florida Statutes, is amended to read:
230	477.0265  Prohibited acts.-
231	(1)  It is unlawful for any person to:
232	(g)  Advertise or imply that skin care services or body
233	wrapping, as performed under this chapter, have any relationship
234	to the practice of massage therapy as defined in s. 480.033(3),
235	except those practices or activities defined in s. 477.013.
236	Section 13.  Paragraph (a) of subsection (1) of section
237	477.029, Florida Statutes, is amended to read:
238	477.029  Penalty.-
239	(1)  It is unlawful for any person to:
240	(a)  Hold himself or herself out as a cosmetologist or,
241	specialist, hair wrapper, hair braider, or body wrapper unless
242	duly licensed, or registered, or otherwise authorized, as
243	provided in this chapter.
244	Section 14.  Section 481.201, Florida Statutes, is amended
245	to read:
246	481.201  Purpose.-The primary legislative purpose for
247	enacting this part is to ensure that every architect practicing
248	in this state meets minimum requirements for safe practice. It
249	is the legislative intent that architects who fall below minimum
250	competency or who otherwise present a danger to the public shall
251	be prohibited from practicing in this state. The Legislature
252	further finds that it is in the interest of the public to limit
253	the practice of interior design to interior designers or
254	architects who have the design education and training required
255	by this part or to persons who are exempted from the provisions
256	of this part.
257	Section 15.  Section 481.203, Florida Statutes, is amended
258	to read:
259	481.203  Definitions.-As used in this part, the term:
260	(1)(3)  "Architect" or "registered architect" means a
261	natural person who is licensed under this part to engage in the
262	practice of architecture.
263	(2)(6)  "Architecture" means the rendering or offering to
264	render services in connection with the design and construction
265	of a structure or group of structures which have as their
266	principal purpose human habitation or use, and the utilization
267	of space within and surrounding such structures. These services
268	include planning, providing preliminary study designs, drawings
269	and specifications, job-site inspection, and administration of
270	construction contracts.
271	(3)(1)  "Board" means the Board of Architecture and
272	Interior Design.
273	(4)(5)  "Certificate of authorization" means a certificate
274	issued by the department to a corporation or partnership to
275	practice architecture or interior design.
276	(5)(4)  "Certificate of registration" means a license
277	issued by the department to a natural person to engage in the
278	practice of architecture or interior design.
279	(6)(2)  "Department" means the Department of Business and
280	Professional Regulation.
281	(7)(8)  "Interior design" means designs, consultations,
282	studies, drawings, specifications, and administration of design
283	construction contracts relating to nonstructural interior
284	elements of a building or structure. "Interior design" includes,
285	but is not limited to, reflected ceiling plans, space planning,
286	furnishings, and the fabrication of nonstructural elements
287	within and surrounding interior spaces of buildings. "Interior
288	design" specifically excludes the design of or the
289	responsibility for architectural and engineering interior
290	construction relating to the building systems work, except for
291	specification of fixtures and their location within interior
292	spaces. As used in this subsection, "architectural and
293	engineering interior construction relating to the building
294	systems" includes, but is not limited to, construction of
295	structural, mechanical, plumbing, heating, air-conditioning,
296	ventilating, electrical, or vertical transportation systems, or
297	construction which materially affects lifesafety systems
298	pertaining to firesafety protection such as fire-rated
299	separations between interior spaces, fire-rated vertical shafts
300	in multistory structures, fire-rated protection of structural
301	elements, smoke evacuation and compartmentalization, emergency
302	ingress or egress systems, and emergency alarm systems.
303	(8)(10)  "Nonstructural interior element" means an element
304	which does not require structural bracing and which is something
305	other than a load-bearing wall, load-bearing column, or other
306	load-bearing element of a building or structure which is
307	essential to the structural integrity of the building.
308	(9)(11)  "Reflected ceiling plan" means a ceiling design
309	plan which is laid out as if it were projected downward and
310	which may include lighting and other elements.
311	(9)  "Registered interior designer" or "interior designer"
312	means a natural person who is licensed under this part.
313	(10)(16)  "Responsible supervising control" means the
314	exercise of direct personal supervision and control throughout
315	the preparation of documents, instruments of service, or any
316	other work requiring the seal and signature of a licensee under
317	this part.
318	(11)(12)  "Space planning" means the analysis, programming,
319	or design of spatial requirements, including preliminary space
320	layouts and final planning.
321	(12)(7)  "Townhouse" is a single-family dwelling unit not
322	exceeding three stories in height which is constructed in a
323	series or group of attached units with property lines separating
324	such units. Each townhouse shall be considered a separate
325	building and shall be separated from adjoining townhouses by the
326	use of separate exterior walls meeting the requirements for zero
327	clearance from property lines as required by the type of
328	construction and fire protection requirements; or shall be
329	separated by a party wall; or may be separated by a single wall
330	meeting the following requirements:
331	(a)  Such wall shall provide not less than 2 hours of fire
332	resistance. Plumbing, piping, ducts, or electrical or other
333	building services shall not be installed within or through the
334	2-hour wall unless such materials and methods of penetration
335	have been tested in accordance with the Standard Building Code.
336	(b)  Such wall shall extend from the foundation to the
337	underside of the roof sheathing, and the underside of the roof
338	shall have at least 1 hour of fire resistance for a width not
339	less than 4 feet on each side of the wall.
340	(c)  Each dwelling unit sharing such wall shall be designed
341	and constructed to maintain its structural integrity independent
342	of the unit on the opposite side of the wall.
343	(13)  "Common area" means an area that is held out for use
344	by all tenants or owners in a multiple-unit dwelling, including,
345	but not limited to, a lobby, elevator, hallway, laundry room,
346	clubhouse, or swimming pool.
347	(14)  "Diversified interior design experience" means
348	experience which substantially encompasses the various elements
349	of interior design services set forth under the definition of
350	"interior design" in subsection (8).
351	(15)  "Interior decorator services" includes the selection
352	or assistance in selection of surface materials, window
353	treatments, wallcoverings, paint, floor coverings, surface-
354	mounted lighting, surface-mounted fixtures, and loose
355	furnishings not subject to regulation under applicable building
356	codes.
357	Section 16.  Subsection (1) and paragraph (a) of subsection
358	(3) of section 481.205, Florida Statutes, are amended to read:
359	481.205  Board of Architecture and Interior Design.-
360	(1)  The Board of Architecture and Interior Design is
361	created within the Department of Business and Professional
362	Regulation. The board shall consist of seven 11 members. Five
363	members must be registered architects who have been engaged in
364	the practice of architecture for at least 5 years; three members
365	must be registered interior designers who have been offering
366	interior design services for at least 5 years and who are not
367	also registered architects; and two three members must be
368	laypersons who are not, and have never been, architects,
369	interior designers, or members of any closely related profession
370	or occupation. At least one member of the board must be 60 years
371	of age or older.
372	(3)(a)  Notwithstanding the provisions of ss. 455.225,
373	455.228, and 455.32, the duties and authority of the department
374	to receive complaints and investigate and discipline persons
375	licensed under this part, including the ability to determine
376	legal sufficiency and probable cause; to initiate proceedings
377	and issue final orders for summary suspension or restriction of
378	a license pursuant to s. 120.60(6); to issue notices of
379	noncompliance, notices to cease and desist, subpoenas, and
380	citations; to retain legal counsel, investigators, or
381	prosecutorial staff in connection with the licensed practice of
382	architecture and interior design; and to investigate and deter
383	the unlicensed practice of architecture and interior design as
384	provided in s. 455.228 are delegated to the board. All
385	complaints and any information obtained pursuant to an
386	investigation authorized by the board are confidential and
387	exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
388	Section 17.  Section 481.207, Florida Statutes, is amended
389	to read:
390	481.207  Fees.-The board, by rule, may establish separate
391	fees for architects and interior designers, to be paid for
392	applications, examination, reexamination, licensing and renewal,
393	delinquency, reinstatement, and recordmaking and recordkeeping.
394	The examination fee shall be in an amount that covers the cost
395	of obtaining and administering the examination and shall be
396	refunded if the applicant is found ineligible to sit for the
397	examination. The application fee is nonrefundable. The fee for
398	initial application and examination for architects and interior
399	designers may not exceed $775 plus the actual per applicant cost
400	to the department for purchase of the examination from the
401	National Council of Architectural Registration Boards or the
402	National Council of Interior Design Qualifications,
403	respectively, or similar national organizations. The biennial
404	renewal fee for architects may not exceed $200. The biennial
405	renewal fee for interior designers may not exceed $500. The
406	delinquency fee may not exceed the biennial renewal fee
407	established by the board for an active license. The board shall
408	establish fees that are adequate to ensure the continued
409	operation of the board and to fund the proportionate expenses
410	incurred by the department which are allocated to the regulation
411	of architects and interior designers. Fees shall be based on
412	department estimates of the revenue required to implement this
413	part and the provisions of law with respect to the regulation of
414	architects and interior designers.
415	Section 18.  Section 481.209, Florida Statutes, is amended
416	to read:
417	481.209  Examinations.-
418	(1)  A person desiring to be licensed as a registered
419	architect shall apply to the department to take the licensure
420	examination. The department shall administer the licensure
421	examination for architects to each applicant who the board
422	certifies:
423	(1)(a)  Has completed the application form and remitted a
424	nonrefundable application fee and an examination fee which is
425	refundable if the applicant is found to be ineligible to take
426	the examination;
427	(2)(a)(b)1.  Is a graduate of a school or college of
428	architecture accredited by the National Architectural
429	Accreditation Board; or
430	(b)2.  Is a graduate of an approved architectural
431	curriculum, evidenced by a degree from an unaccredited school or
432	college of architecture approved by the board. The board shall
433	adopt rules providing for the review and approval of
434	unaccredited schools and colleges of architecture and courses of
435	architectural study based on a review and inspection by the
436	board of the curriculum of accredited schools and colleges of
437	architecture in the United States; and
438	(3)(c)  Has completed, prior to examination, 1 year of the
439	internship experience required by s. 481.211(1).
440	(2)  A person desiring to be licensed as a registered
441	interior designer shall apply to the department for licensure.
442	The department shall administer the licensure examination for
443	interior designers to each applicant who has completed the
444	application form and remitted the application and examination
445	fees specified in s. 481.207 and who the board certifies:
446	(a)  Is a graduate from an interior design program of 5
447	years or more and has completed 1 year of diversified interior
448	design experience;
449	(b)  Is a graduate from an interior design program of 4
450	years or more and has completed 2 years of diversified interior
451	design experience;
452	(c)  Has completed at least 3 years in an interior design
453	curriculum and has completed 3 years of diversified interior
454	design experience; or
455	(d)  Is a graduate from an interior design program of at
456	least 2 years and has completed 4 years of diversified interior
457	design experience.
458
459	Subsequent to October 1, 2000, for the purpose of having the
460	educational qualification required under this subsection
461	accepted by the board, the applicant must complete his or her
462	education at a program, school, or college of interior design
463	whose curriculum has been approved by the board as of the time
464	of completion. Subsequent to October 1, 2003, all of the
465	required amount of educational credits shall have been obtained
466	in a program, school, or college of interior design whose
467	curriculum has been approved by the board, as of the time each
468	educational credit is gained. The board shall adopt rules
469	providing for the review and approval of programs, schools, and
470	colleges of interior design and courses of interior design study
471	based on a review and inspection by the board of the curriculum
472	of programs, schools, and colleges of interior design in the
473	United States, including those programs, schools, and colleges
474	accredited by the Foundation for Interior Design Education
475	Research. The board shall adopt rules providing for the review
476	and approval of diversified interior design experience required
477	by this subsection.
478	Section 19.  Subsection (2) of section 481.211, Florida
479	Statutes, is amended to read:
480	481.211  Architecture internship required.-
481	(2)  Each applicant for licensure shall complete 1 year of
482	the internship experience required by this section subsequent to
483	graduation from a school or college of architecture as defined
484	in s. 481.209(1).
485	Section 20.  Subsections (1) through (4) of section
486	481.213, Florida Statutes, are amended to read:
487	481.213  Licensure.-
488	(1)  The department shall license as an architect any
489	applicant who the board certifies is qualified for licensure and
490	who has paid the initial licensure fee. Licensure as an
491	architect under this section shall be deemed to include all the
492	rights and privileges of licensure as an interior designer under
493	this section.
494	(2)  The board shall certify for licensure as an architect
495	by examination any applicant who passes the prescribed licensure
496	examination and satisfies the requirements of ss. 481.209 and
497	481.211, for architects, or the requirements of s. 481.209, for
498	interior designers.
499	(3)  The board shall certify as qualified for a license by
500	endorsement as an architect or as an interior designer an
501	applicant who:
502	(a)  Qualifies to take the prescribed licensure
503	examination, and has passed the prescribed licensure examination
504	or a substantially equivalent examination in another
505	jurisdiction, as set forth in s. 481.209 for architects or
506	interior designers, as applicable, and has satisfied the
507	internship requirements set forth in s. 481.211 for architects;
508	(b)  Holds a valid license to practice architecture or
509	interior design issued by another jurisdiction of the United
510	States, if the criteria for issuance of such license were
511	substantially equivalent to the licensure criteria that existed
512	in this state at the time the license was issued; provided,
513	however, that an applicant who has been licensed for use of the
514	title "interior design" rather than licensed to practice
515	interior design shall not qualify hereunder; or
516	(c)  Has passed the prescribed licensure examination and
517	holds a valid certificate issued by the National Council of
518	Architectural Registration Boards, and holds a valid license to
519	practice architecture issued by another state or jurisdiction of
520	the United States. For the purposes of this paragraph, any
521	applicant licensed in another state or jurisdiction after June
522	30, 1984, must also hold a degree in architecture and such
523	degree must be equivalent to that required in s.
524	481.209(2)(1)(b). Also for the purposes of this paragraph, any
525	applicant licensed in another state or jurisdiction after June
526	30, 1985, must have completed an internship equivalent to that
527	required by s. 481.211 and any rules adopted with respect
528	thereto.
529	(4)  The board may refuse to certify any applicant who has
530	violated any of the provisions of s. 481.223, or s. 481.225, or
531	s. 481.2251, as applicable.
532	Section 21.  Section 481.2131, Florida Statutes, is amended
533	to read:
534	481.2131  Interior design; practice requirements;
535	disclosure of compensation for professional services.-
536	(1)  The practice of interior design does not require
537	licensure A registered interior designer is authorized to
538	perform "interior design" as defined in s. 481.203.
539	(2)  Interior design documents prepared by a registered
540	interior designer shall contain a statement that the document is
541	not an architectural or engineering study, drawing,
542	specification, or design and is not to be used for construction
543	of any load-bearing columns, load-bearing framing or walls of
544	structures, or issuance of any building permit, except as
545	otherwise provided by law. Interior design documents that are
546	prepared and sealed by a registered interior designer may, if
547	required by a permitting body, be submitted for the issuance of
548	a building permit for interior construction excluding design of
549	any structural, mechanical, plumbing, heating, air-conditioning,
550	ventilating, electrical, or vertical transportation systems or
551	that materially affect lifesafety systems pertaining to
552	firesafety protection such as fire-rated separations between
553	interior spaces, fire-rated vertical shafts in multistory
554	structures, fire-rated protection of structural elements, smoke
555	evacuation and compartmentalization, emergency ingress or egress
556	systems, and emergency alarm systems.
557	(2)  An interior designer shall, before entering into a
558	contract, verbal or written, clearly determine the scope and
559	nature of the project and the method or methods of compensation.
560	The interior designer may offer professional services to the
561	client as a consultant, specifier, or supplier on the basis of a
562	fee, percentage, or markup. The interior designer shall have the
563	responsibility of fully disclosing to the client the manner in
564	which all compensation is to be paid. Unless the client knows
565	and agrees, the interior designer shall not accept any form of
566	compensation from a supplier of goods and services in cash or in
567	kind.
568	Section 22.  Subsections (3) and (5) of section 481.215,
569	Florida Statutes, are amended to read:
570	481.215  Renewal of license.-
571	(3)  A No license renewal may not shall be issued to an
572	architect or an interior designer by the department until the
573	licensee submits proof satisfactory to the department that,
574	during the 2 years before prior to application for renewal, the
575	licensee participated per biennium in not less than 20 hours of
576	at least 50 minutes each per biennium of continuing education
577	approved by the board. The board shall approve only continuing
578	education that builds upon the basic knowledge of architecture
579	or interior design. The board may make exception from the
580	requirements of continuing education in emergency or hardship
581	cases.
582	(5)  The board shall require, by rule adopted pursuant to
583	ss. 120.536(1) and 120.54, a specified number of hours in
584	specialized or advanced courses, approved by the Florida
585	Building Commission, on any portion of the Florida Building
586	Code, adopted pursuant to part IV of chapter 553, relating to
587	the licensee's respective area of practice.
588	Section 23.  Subsection (1) of section 481.217, Florida
589	Statutes, is amended to read:
590	481.217  Inactive status.-
591	(1)  The board may prescribe by rule continuing education
592	requirements as a condition of reactivating a license. The
593	continuing education requirements for reactivating a license for
594	a registered architect may not exceed 12 contact hours for each
595	year the license was inactive. The minimum continuing education
596	requirement for reactivating a license for a registered interior
597	designer shall be those of the most recent biennium plus one-
598	half of the requirements in s. 481.215 for each year or part
599	thereof during which the license was inactive. The board shall
600	only approve continuing education that builds upon the basic
601	knowledge of interior design.
602	Section 24.  Section 481.219, Florida Statutes, is amended
603	to read:
604	481.219  Certification of partnerships, limited liability
605	companies, and corporations.-
606	(1)  The practice of or the offer to practice architecture
607	or interior design by licensees through a corporation, limited
608	liability company, or partnership offering architectural or
609	interior design services to the public, or by a corporation,
610	limited liability company, or partnership offering architectural
611	or interior design services to the public through licensees
612	under this part as agents, employees, officers, or partners, is
613	permitted, subject to the provisions of this section.
614	(2)  For the purposes of this section, a certificate of
615	authorization is shall be required for a corporation, limited
616	liability company, partnership, or person practicing under a
617	fictitious name, offering architectural services to the public
618	jointly or separately. However, when an individual is practicing
619	architecture in her or his own name, she or he is shall not be
620	required to be certified under this section. Certification under
621	this subsection to offer architectural services shall include
622	all the rights and privileges of certification under subsection
623	(3) to offer interior design services.
624	(3)  For the purposes of this section, a certificate of
625	authorization shall be required for a corporation, limited
626	liability company, partnership, or person operating under a
627	fictitious name, offering interior design services to the public
628	jointly or separately. However, when an individual is practicing
629	interior design in her or his own name, she or he shall not be
630	required to be certified under this section.
631	(3)(4)  All final construction documents and instruments of
632	service which include drawings, specifications, plans, reports,
633	or other papers or documents involving the practice of
634	architecture which are prepared or approved for the use of the
635	corporation, limited liability company, or partnership and filed
636	for public record within the state shall bear the signature and
637	seal of the licensee who prepared or approved them and the date
638	on which they were sealed.
639	(5)  All drawings, specifications, plans, reports, or other
640	papers or documents prepared or approved for the use of the
641	corporation, limited liability company, or partnership by an
642	interior designer in her or his professional capacity and filed
643	for public record within the state shall bear the signature and
644	seal of the licensee who prepared or approved them and the date
645	on which they were sealed.
646	(4)(6)  The department shall issue a certificate of
647	authorization to any applicant who the board certifies as
648	qualified for a certificate of authorization and who has paid
649	the fee set in s. 481.207.
650	(5)(7)  The board shall certify an applicant as qualified
651	for a certificate of authorization to offer architectural or
652	interior design services, provided that:
653	(a)  one or more of the principal officers of the
654	corporation or limited liability company, or one or more
655	partners of the partnership, and all personnel of the
656	corporation, limited liability company, or partnership who act
657	in its behalf in this state as architects, are registered as
658	provided by this part; or
659	(b)  One or more of the principal officers of the
660	corporation or one or more partners of the partnership, and all
661	personnel of the corporation, limited liability company, or
662	partnership who act in its behalf in this state as interior
663	designers, are registered as provided by this part.
664	(6)(8)  The department shall adopt rules establishing a
665	procedure for the biennial renewal of certificates of
666	authorization.
667	(7)(9)  The department shall renew a certificate of
668	authorization upon receipt of the renewal application and
669	biennial renewal fee.
670	(8)(10)  Each partnership, limited liability company, and
671	corporation certified under this section shall notify the
672	department within 30 days after of any change in the information
673	contained in the application upon which the certification is
674	based. Any registered architect or interior designer who
675	qualifies the corporation, limited liability company, or
676	partnership as provided in subsection (5) (7) shall be
677	responsible for ensuring responsible supervising control of
678	projects of the entity and upon termination of her or his
679	employment with a partnership, limited liability company, or
680	corporation certified under this section shall notify the
681	department of the termination within 30 days.
682	(9)(11)  A No corporation, limited liability company, or
683	partnership may not shall be relieved of responsibility for the
684	conduct or acts of its agents, employees, or officers by reason
685	of its compliance with this section. However, the architect who
686	signs and seals the construction documents and instruments of
687	service is shall be liable for the professional services
688	performed, and the interior designer who signs and seals the
689	interior design drawings, plans, or specifications shall be
690	liable for the professional services performed.
691	(10)(12)  Disciplinary action against a corporation,
692	limited liability company, or partnership shall be administered
693	in the same manner and on the same grounds as disciplinary
694	action against a registered architect or interior designer,
695	respectively.
696	(11)(13)  Nothing in This section does not shall be
697	construed to mean that a certificate of registration to practice
698	architecture or interior design shall be held by a corporation,
699	limited liability company, or partnership. Nothing in This
700	section does not prohibit prohibits corporations, limited
701	liability companies, and partnerships from joining together to
702	offer architectural, engineering, interior design, surveying and
703	mapping, and landscape architectural services, or any
704	combination of such services, to the public, provided that each
705	corporation, limited liability company, or partnership otherwise
706	meets the requirements of law.
707	(14)  Corporations, limited liability companies, or
708	partnerships holding a valid certificate of authorization to
709	practice architecture shall be permitted to use in their title
710	the term "interior designer" or "registered interior designer."
711	Section 25.  Section 481.221, Florida Statutes, is amended
712	to read:
713	481.221  Seals; display of certificate number.-
714	(1)  The board shall prescribe, by rule, one or more forms
715	of seals to be used by registered architects holding valid
716	certificates of registration.
717	(2)  Each registered architect shall obtain one seal in a
718	form approved by rule of the board and may, in addition,
719	register her or his seal electronically in accordance with ss.
720	668.001-668.006. All final construction documents and
721	instruments of service which include drawings, plans,
722	specifications, or reports prepared or issued by the registered
723	architect and being filed for public record shall bear the
724	signature and seal of the registered architect who prepared or
725	approved the document and the date on which they were sealed.
726	The signature, date, and seal shall be evidence of the
727	authenticity of that to which they are affixed. Final plans,
728	specifications, or reports prepared or issued by a registered
729	architect may be transmitted electronically and may be signed by
730	the registered architect, dated, and sealed electronically with
731	the seal in accordance with ss. 668.001-668.006.
732	(3)  The board shall adopt a rule prescribing the
733	distinctly different seals to be used by registered interior
734	designers holding valid certificates of registration. Each
735	registered interior designer shall obtain a seal as prescribed
736	by the board, and all drawings, plans, specifications, or
737	reports prepared or issued by the registered interior designer
738	and being filed for public record shall bear the signature and
739	seal of the registered interior designer who prepared or
740	approved the document and the date on which they were sealed.
741	The signature, date, and seal shall be evidence of the
742	authenticity of that to which they are affixed. Final plans,
743	specifications, or reports prepared or issued by a registered
744	interior designer may be transmitted electronically and may be
745	signed by the registered interior designer, dated, and sealed
746	electronically with the seal in accordance with ss. 668.001-
747	668.006.
748	(3)(4)  A No registered architect may not shall affix, or
749	permit to be affixed, her or his seal or signature to any final
750	construction document or instrument of service which includes
751	any plan, specification, drawing, or other document which
752	depicts work which she or he is not competent to perform.
753	(5)  No registered interior designer shall affix, or permit
754	to be affixed, her or his seal or signature to any plan,
755	specification, drawing, or other document which depicts work
756	which she or he is not competent or licensed to perform.
757	(4)(6) A No registered architect may not shall affix her or
758	his signature or seal to any final construction document or
759	instrument of service which includes drawings, plans,
760	specifications, or architectural documents which were not
761	prepared by her or him or under her or his responsible
762	supervising control or by another registered architect and
763	reviewed, approved, or modified and adopted by her or him as her
764	or his own work according to rules adopted by the board.
765	(7)  No registered interior designer shall affix her or his
766	signature or seal to any plans, specifications, or other
767	documents which were not prepared by her or him or under her or
768	his responsible supervising control or by another registered
769	interior designer and reviewed, approved, or modified and
770	adopted by her or him as her or his own work according to rules
771	adopted by the board.
772	(5)(8)  Final construction documents or instruments of
773	service which include plans, drawings, specifications, or other
774	architectural documents prepared by a registered architect as
775	part of her or his architectural practice shall be of a
776	sufficiently high standard to clearly and accurately indicate or
777	illustrate all essential parts of the work to which they refer.
778	(9)  Studies, drawings, specifications, and other related
779	documents prepared by a registered interior designer in
780	providing interior design services shall be of a sufficiently
781	high standard to clearly and accurately indicate all essential
782	parts of the work to which they refer.
783	(6)(10)  Each registered architect or interior designer,
784	and each corporation, limited liability company, or partnership
785	holding a certificate of authorization, shall include its
786	certificate number in any newspaper, telephone directory, or
787	other advertising medium used by the registered architect,
788	interior designer, corporation, limited liability company, or
789	partnership. A corporation, limited liability company, or
790	partnership is not required to display the certificate number of
791	individual registered architects or interior designers employed
792	by or working within the corporation, limited liability company,
793	or partnership.
794	(7)(11)  When the certificate of registration of a
795	registered architect or interior designer has been revoked or
796	suspended by the board, the registered architect or interior
797	designer shall surrender her or his seal to the secretary of the
798	board within a period of 30 days after the revocation or
799	suspension has become effective. If the certificate of the
800	registered architect or interior designer has been suspended for
801	a period of time, her or his seal shall be returned to her or
802	him upon expiration of the suspension period.
803	(8)(12)  A person may not sign and seal by any means any
804	final plan, specification, or report after her or his
805	certificate of registration has expired or is suspended or
806	revoked. A registered architect or interior designer whose
807	certificate of registration is suspended or revoked shall,
808	within 30 days after the effective date of the suspension or
809	revocation, surrender her or his seal to the executive director
810	of the board and confirm in writing to the executive director
811	the cancellation of the registered architect's or interior
812	designer's electronic signature in accordance with ss. 668.001-
813	668.006. When a registered architect's or interior designer's
814	certificate of registration is suspended for a period of time,
815	her or his seal shall be returned upon expiration of the period
816	of suspension.
817	Section 26.  Section 481.222, Florida Statutes, is amended
818	to read:
819	481.222  Architects performing building code inspection
820	services.-Notwithstanding any other provision of law, a person
821	who is currently licensed to practice as an architect under this
822	part may provide building code inspection services described in
823	s. 468.603(6) and (7) to a local government or state agency upon
824	its request, without being certified by the Florida Building
825	Code Administrators and Inspectors Board under part XII of
826	chapter 468. With respect to the performance of such building
827	code inspection services, the architect is subject to the
828	disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
829	Any complaint processing, investigation, and discipline that
830	arise out of an architect's performance of building code
831	inspection services shall be conducted by the Board of
832	Architecture and Interior Design rather than the Florida
833	Building Code Administrators and Inspectors Board. An architect
834	may not perform plans review as an employee of a local
835	government upon any job that the architect or the architect's
836	company designed.
837	Section 27.  Section 481.223, Florida Statutes, is amended
838	to read:
839	481.223  Prohibitions; penalties; injunctive relief.-
840	(1)  A person may not knowingly:
841	(a)  Practice architecture unless the person is an
842	architect or a registered architect; however, a licensed
843	architect who has been licensed by the board and who chooses to
844	relinquish or not to renew his or her license may use the title
845	"Architect, Retired" but may not otherwise render any
846	architectural services.
847	(b)  Practice interior design unless the person is a
848	registered interior designer unless otherwise exempted herein;
849	however, an interior designer who has been licensed by the board
850	and who chooses to relinquish or not to renew his or her license
851	may use the title "Interior Designer, Retired" but may not
852	otherwise render any interior design services.
853	(b)(c)  Use the name or title "architect" or "registered
854	architect," or "interior designer" or "registered interior
855	designer," or words to that effect, when the person is not then
856	the holder of a valid license issued pursuant to this part.
857	(c)(d)  Present as his or her own the license of another.
858	(d)(e)  Give false or forged evidence to the board or a
859	member thereof.
860	(e)(f)  Use or attempt to use an architect or interior
861	designer license that has been suspended, revoked, or placed on
862	inactive or delinquent status.
863	(f)(g)  Employ unlicensed persons to practice architecture
864	or interior design.
865	(g)(h)  Conceal information relative to violations of this
866	part.
867	(2)  Any person who violates any provision of subsection
868	(1) commits a misdemeanor of the first degree, punishable as
869	provided in s. 775.082 or s. 775.083.
870	(3)(a)  Notwithstanding chapter 455 or any other law to the
871	contrary, an affected person may maintain an action for
872	injunctive relief to restrain or prevent a person from violating
873	paragraph (1)(a), paragraph (1)(b), or paragraph (1)(b)(c). The
874	prevailing party is entitled to actual costs and attorney's
875	fees.
876	(b)  For purposes of this subsection, the term "affected
877	person" means a person directly affected by the actions of a
878	person suspected of violating paragraph (1)(a), paragraph
879	(1)(b), or paragraph (1)(b)(c) and includes, but is not limited
880	to, the department, any person who received services from the
881	alleged violator, or any private association composed primarily
882	of members of the profession the alleged violator is practicing
883	or offering to practice or holding himself or herself out as
884	qualified to practice.
885	Section 28.  Section 481.2251, Florida Statutes, is
886	repealed.
887
888	Section 29.  Subsections (5) through (8) of section
889	481.229, Florida Statutes, are amended to read:
890	481.229  Exceptions; exemptions from licensure.-
891	(5)(a)  Nothing contained in this part shall prevent a
892	registered architect or a partnership, limited liability
893	company, or corporation holding a valid certificate of
894	authorization to provide architectural services from performing
895	any interior design service or from using the title "interior
896	designer" or "registered interior designer."
897	(b)  Notwithstanding any other provision of this part, all
898	persons licensed as architects under this part shall be
899	qualified for interior design licensure upon submission of a
900	completed application for such license and a fee not to exceed
901	$30. Such persons shall be exempt from the requirements of s.
902	481.209(2). For architects licensed as interior designers,
903	satisfaction of the requirements for renewal of licensure as an
904	architect under s. 481.215 shall be deemed to satisfy the
905	requirements for renewal of licensure as an interior designer
906	under that section. Complaint processing, investigation, or
907	other discipline-related legal costs related to persons licensed
908	as interior designers under this paragraph shall be assessed
909	against the architects' account of the Regulatory Trust Fund.
910	(c)  Notwithstanding any other provision of this part, any
911	corporation, partnership, or person operating under a fictitious
912	name which holds a certificate of authorization to provide
913	architectural services shall be qualified, without fee, for a
914	certificate of authorization to provide interior design services
915	upon submission of a completed application therefor. For
916	corporations, partnerships, and persons operating under a
917	fictitious name which hold a certificate of authorization to
918	provide interior design services, satisfaction of the
919	requirements for renewal of the certificate of authorization to
920	provide architectural services under s. 481.219 shall be deemed
921	to satisfy the requirements for renewal of the certificate of
922	authorization to provide interior design services under that
923	section.
924	(6)  This part shall not apply to:
925	(a)  A person who performs interior design services or
926	interior decorator services for any residential application,
927	provided that such person does not advertise as, or represent
928	himself or herself as, an interior designer. For purposes of
929	this paragraph, "residential applications" includes all types of
930	residences, including, but not limited to, residence buildings,
931	single-family homes, multifamily homes, townhouses, apartments,
932	condominiums, and domestic outbuildings appurtenant to one-
933	family or two-family residences. However, "residential
934	applications" does not include common areas associated with
935	instances of multiple-unit dwelling applications.
936	(b)  An employee of a retail establishment providing
937	"interior decorator services" on the premises of the retail
938	establishment or in the furtherance of a retail sale or
939	prospective retail sale, provided that such employee does not
940	advertise as, or represent himself or herself as, an interior
941	designer.
942	(5)(7)  Nothing in This part may not shall be construed as
943	authorizing or permitting an interior designer to engage in the
944	business of, or to act as, a contractor within the meaning of
945	chapter 489, unless registered or certified as a contractor
946	pursuant to chapter 489.
947	(6)(8)  A manufacturer of commercial food service equipment
948	or the manufacturer's representative, distributor, or dealer or
949	an employee thereof, who prepares designs, specifications, or
950	layouts for the sale or installation of such equipment is exempt
951	from licensure as an architect or interior designer, if:
952	(a)  The designs, specifications, or layouts are not used
953	for construction or installation that may affect structural,
954	mechanical, plumbing, heating, air conditioning, ventilating,
955	electrical, or vertical transportation systems.
956	(b)  The designs, specifications, or layouts do not
957	materially affect lifesafety systems pertaining to firesafety
958	protection, smoke evacuation and compartmentalization, and
959	emergency ingress or egress systems.
960	(c)  Each design, specification, or layout document
961	prepared by a person or entity exempt under this subsection
962	contains a statement on each page of the document that the
963	designs, specifications, or layouts are not architectural,
964	interior design, or engineering designs, specifications, or
965	layouts and not used for construction unless reviewed and
966	approved by a licensed architect or engineer.
967	Section 30.  Subsection (1) of section 481.231, Florida
968	Statutes, is amended to read:
969	481.231  Effect of part locally.-
970	(1)  Nothing in This part does not shall be construed to
971	repeal, amend, limit, or otherwise affect any specific provision
972	of any local building code or zoning law or ordinance that has
973	been duly adopted, now or hereafter enacted, which is more
974	restrictive, with respect to the services of registered
975	architects or registered interior designers, than the provisions
976	of this part; provided, however, that a licensed architect shall
977	be deemed licensed as an interior designer for purposes of
978	offering or rendering interior design services to a county,
979	municipality, or other local government or political
980	subdivision.
981	Section 31.  Paragraph (c) of subsection (5) of section
982	553.79, Florida Statutes, is amended to read:
983	553.79  Permits; applications; issuance; inspections.-
984	(5)
985	(c)  The architect or engineer of record may act as the
986	special inspector provided she or he is on the Board of
987	Professional Engineers' or the Board of Architecture's
988	Architecture and Interior Design's list of persons qualified to
989	be special inspectors. School boards may utilize employees as
990	special inspectors provided such employees are on one of the
991	professional licensing board's list of persons qualified to be
992	special inspectors.
993	Section 32.  Subsection (7) of section 558.002, Florida
994	Statutes, is amended to read:
995	558.002  Definitions.-As used in this chapter, the term:
996	(7)  "Design professional" means a person, as defined in s.
997	1.01, licensed in this state as an architect, interior designer,
998	landscape architect, engineer, or surveyor.
999	Section 33.  Subsection (1) of section 509.242, Florida
1000	Statutes, is amended to read:
1001	509.242  Public lodging establishments; classifications.-
1002	(1)  A public lodging establishment shall be classified as
1003	a hotel, motel, resort condominium, nontransient apartment,
1004	transient apartment, roominghouse, bed and breakfast inn, or
1005	resort dwelling if the establishment satisfies the following
1006	criteria:
1007	(a)  Hotel.-A hotel is any public lodging establishment
1008	containing sleeping room accommodations for 25 or more guests
1009	and providing the services generally provided by a hotel and
1010	recognized as a hotel in the community in which it is situated
1011	or by the industry.
1012	(b)  Motel.-A motel is any public lodging establishment
1013	which offers rental units with an exit to the outside of each
1014	rental unit, daily or weekly rates, offstreet parking for each
1015	unit, a central office on the property with specified hours of
1016	operation, a bathroom or connecting bathroom for each rental
1017	unit, and at least six rental units, and which is recognized as
1018	a motel in the community in which it is situated or by the
1019	industry.
1020	(c)  Resort condominium.-A resort condominium is any unit
1021	or group of units in a condominium, cooperative, or timeshare
1022	plan which is rented more than three times in a calendar year
1023	for periods of less than 30 days or 1 calendar month, whichever
1024	is less, or which is advertised or held out to the public as a
1025	place regularly rented for periods of less than 30 days or 1
1026	calendar month, whichever is less.
1027	(d)  Nontransient apartment or roominghouse.-A nontransient
1028	apartment or roominghouse is a building or complex of buildings
1029	in which 75 percent or more of the units are available for rent
1030	to nontransient tenants.
1031	(e)  Transient apartment or roominghouse.-A transient
1032	apartment or roominghouse is a building or complex of buildings
1033	in which more than 25 percent of the units are advertised or
1034	held out to the public as available for transient occupancy.
1035	(f)  Roominghouse.-A roominghouse is any public lodging
1036	establishment that may not be classified as a hotel, motel,
1037	resort condominium, nontransient apartment, bed and breakfast
1038	inn, or transient apartment under this section. A roominghouse
1039	includes, but is not limited to, a boardinghouse.
1040	(f)(g)  Resort dwelling.-A resort dwelling is any
1041	individually or collectively owned one-family, two-family,
1042	three-family, or four-family dwelling house or dwelling unit
1043	which is rented more than three times in a calendar year for
1044	periods of less than 30 days or 1 calendar month, whichever is
1045	less, or which is advertised or held out to the public as a
1046	place regularly rented for periods of less than 30 days or 1
1047	calendar month, whichever is less.
1048	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
1049	family home structure, with no more than 15 sleeping rooms,
1050	which has been modified to serve as a transient public lodging
1051	establishment, which provides the accommodation and meal
1052	services generally offered by a bed and breakfast inn, and which
1053	is recognized as a bed and breakfast inn in the community in
1054	which it is situated or by the hospitality industry.
1055	Section 34.  Subsection (9) of section 509.221, Florida
1056	Statutes, is amended to read:
1057	509.221  Sanitary regulations.-
1058	(9)  Subsections (2), (5), and (6) do not apply to any
1059	facility or unit classified as a resort condominium,
1060	nontransient apartment, or resort dwelling as described in s.
1061	509.242(1)(c), (d), and (f)(g).
1062	Section 35.  Chapter 555, Florida Statutes, consisting of
1063	sections 555.01, 555.02, 555.03, 555.04, 555.05, 555.07, and
1064	555.08, is repealed.
1065	Section 36.  Part VIII of chapter 559, Florida Statutes,
1066	consisting of sections 559.80, 559.801, 559.802, 559.803,
1067	559.805, 559.807, 559.809, 559.811, 559.813, and 559.815, is
1068	repealed.
1069	Section 37.  Section 205.1971, Florida Statutes, is amended
1070	to read:
1071	205.1971  Sellers of travel; consumer protection.-A county
1072	or municipality may not issue or renew a business tax receipt to
1073	engage in business as a seller of travel pursuant to part X XI
1074	of chapter 559 unless such business exhibits a current
1075	registration or letter of exemption from the Department of
1076	Agriculture and Consumer Services.
1077	Section 38.  Subsection (20) of section 501.604, Florida
1078	Statutes, is amended to read:
1079	501.604  Exemptions.-The provisions of this part, except
1080	ss. 501.608 and 501.616(6) and (7), do not apply to:
1081	(20)  A person who is registered pursuant to part X XI of
1082	chapter 559 and who is soliciting within the scope of the
1083	registration.
1084	Section 39.  Paragraph (d) of subsection (3) of section
1085	721.11, Florida Statutes, is amended to read:
1086	721.11  Advertising materials; oral statements.-
1087	(3)  The term "advertising material" does not include:
1088	(d)  Any audio, written, or visual publication or material
1089	relating to the promotion of the availability of any
1090	accommodations or facilities, or both, for transient rental,
1091	including any arrangement governed by part X XI of chapter 559,
1092	so long as a mandatory tour of a timeshare plan or attendance at
1093	a mandatory sales presentation is not a term or condition of the
1094	availability of such accommodations or facilities, or both, and
1095	so long as the failure of any transient renter to take a tour of
1096	a timeshare plan or attend a sales presentation does not result
1097	in the transient renter receiving less than what was promised to
1098	the transient renter in such materials.
1099	Section 40.  Section 686.201, Florida Statutes, is
1100	repealed.
1101	Section 41.  Section 817.559, Florida Statutes, is
1102	repealed.
1103	Section 42.  The Legislature recognizes that there is a
1104	need to conform the Florida Statutes to the policy decisions
1105	reflected in the provisions of this act. The Division of
1106	Statutory Revision of the Office of Legislative Services is
1107	requested to provide the relevant substantive committees and
1108	subcommittees of the Senate and the House of Representatives
1109	with assistance, upon request, to enable such committees or
1110	subcommittees to prepare draft legislation to conform the
1111	Florida Statutes to the provisions of this act.
1112	Section 43.  This act shall take effect July 1, 2011.
1113
1114	-----------------------------------------------------
1115	T I T L E  A M E N D M E N T
1116	Remove the entire title and insert:
1117	A bill to be entitled
1118	An act relating to the deregulation of professions and
1119	occupations; amending s. 20.165, F.S.; renaming the Board
1120	of Architecture and Interior Design, to conform to changes
1121	made by the act; amending s. 468.385, F.S.; deleting
1122	licensure requirements for auctioneer apprentices;
1123	amending ss. 468.381, 468.384, 468.3855, 468.388, and
1124	468.391, F.S., to conform; amending s. 468.383, F.S.;
1125	exempting certain auctioneers conducting motor vehicle
1126	auction contests from licensure; amending s. 477.0132,
1127	F.S.; deleting provisions requiring the registration of
1128	persons whose occupation or practice is confined solely to
1129	hair braiding, hair wrapping, or body wrapping; providing
1130	that the Florida Cosmetology Act does not apply to such
1131	persons; amending ss. 477.019, 477.026, 477.0265, and
1132	477.029, F.S., to conform; amending s. 481.2131, F.S.;
1133	deleting provisions relating to the registration of
1134	interior designers and the regulation of interior design;
1135	providing that the practice of interior design does not
1136	require licensure; repealing s. 481.2251, F.S., relating
1137	to the disciplinary proceedings against registered
1138	interior designers; amending s. 481.201, F.S.; deleting
1139	legislative findings relating to the practice of interior
1140	design, to conform; amending s. 481.203, F.S.; revising
1141	definitions relating to the practice of architecture and
1142	the practice of interior design; amending s. 481.205,
1143	F.S.; renaming the Board of Architecture and Interior
1144	Design, to conform; revising membership of the board;
1145	conforming provisions; amending ss. 481.207, 481.209,
1146	481.211, 481.213, 481.215, and 481.217, F.S., to conform;
1147	amending s. 481.219, F.S.; deleting provisions permitting
1148	the practice of or offer to practice interior design
1149	through certain business organizations; deleting
1150	provisions requiring certificates of authorization for
1151	certain business organizations offering interior design
1152	services to the public; conforming provisions; amending
1153	ss. 481.221, 481.222, 481.223, 481.229, 481.231, and
1154	553.79, F.S., to conform; amending s. 558.002, F.S.;
1155	revising the definition of "design professional" for
1156	purposes of provisions relating to alternative dispute
1157	resolution of construction defects, to conform; amending
1158	s. 509.242, F.S.; revising the license classifications of
1159	public lodging establishments for purposes of provisions
1160	regulating such establishments; amending s. 509.221, F.S.;
1161	conforming a cross-reference; repealing chapter 555, F.S.,
1162	relating to the regulation of outdoor theaters in which
1163	audiences view performances from parked vehicles;
1164	repealing part VIII of chapter 559, F.S., relating to the
1165	Sale of Business Opportunities Act and the regulation of
1166	certain business opportunities; amending ss. 205.1971,
1167	501.604, and 721.11, F.S.; conforming a cross-reference;
1168	repealing s. 686.201, F.S., relating to contracts with
1169	sales representatives involving commissions; repealing s.
1170	817.559, F.S., relating to the labeling of television
1171	picture tubes; providing a directive to the Division of
1172	Statutory Revision; providing an effective date.

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