CS/HB 5005

1	A bill to be entitled
2	An act relating to the deregulation of professions and
3	occupations; amending s. 20.165, F.S.; renaming the Board
4	of Architecture and Interior Design, to conform; deleting
5	provisions establishing the Florida Board of Auctioneers;
6	repealing chapter 326, F.S., relating to the Yacht and
7	Ship Brokers' Act and the licensure of yacht and ship
8	brokers and salespersons; amending ss. 212.06 and 213.053,
9	F.S., to conform; repealing part VI of chapter 468, F.S.,
10	relating to the licensure of auctioneers, apprentices, and
11	auction businesses, the Florida Board of Auctioneers, the
12	Auctioneer Recovery Fund, and the conduct of auctions;
13	amending s. 538.03, F.S., to conform; repealing part VII
14	of chapter 468, F.S., relating to the licensure and
15	regulation of talent agencies; repealing part IX of
16	chapter 468, F.S., relating to the licensure and
17	regulation of athlete agents; amending s. 477.0132, F.S.;
18	deleting provisions requiring the registration of persons
19	whose occupation or practice is confined solely to hair
20	braiding, hair wrapping, or body wrapping; providing that
21	the Florida Cosmetology Act does not apply to such
22	persons; amending ss. 477.019, 477.026, 477.0265, and
23	477.029, F.S., to conform; repealing ss. 481.2131 and
24	481.2251, F.S., relating to the practice of interior
25	design by registered interior designers and disciplinary
26	proceedings against registered interior designers;
27	deleting provisions relating to the registration of
28	interior designers and the regulation of interior design;
29	amending s. 481.201, F.S.; deleting legislative findings
30	relating to the practice of interior design, to conform;
31	amending s. 481.203, F.S.; revising definitions relating
32	to the practice of architecture and deleting definitions
33	relating to the practice of interior design; specifying
34	that the practice of architecture includes interior
35	design; amending s. 481.205, F.S.; renaming the Board of
36	Architecture and Interior Design, to conform; revising
37	membership of the board; conforming provisions; amending
38	ss. 481.207, 481.209, 481.211, 481.213, 481.215, and
39	481.217, F.S., to conform; amending s. 481.219, F.S.;
40	deleting provisions permitting the practice of or offer to
41	practice interior design through certain business
42	organizations; deleting provisions requiring certificates
43	of authorization for certain business organizations
44	offering interior design services to the public;
45	conforming provisions; amending ss. 481.221, 481.222,
46	481.223, 481.229, 481.231, and 553.79, F.S., to conform;
47	amending s. 558.002, F.S.; revising the definition of
48	"design professional" for purposes of provisions relating
49	to alternative dispute resolution of construction defects,
50	to conform; repealing chapter 496, F.S., relating to the
51	registration of professional fundraising consultants and
52	professional solicitors and the regulation of solicitation
53	of charitable contributions and charitable sales
54	promotions; amending ss. 110.181, 316.2045, 320.023,
55	322.081, 413.033, 550.0351, 550.1647, 741.0305, 775.0861,
56	790.166, 843.16, and 849.0935, F.S., to conform; repealing
57	s. 500.459, F.S., relating to the regulation of water
58	vending machines and the permitting of water vending
59	machine operators; amending s. 500.511, F.S.; deleting
60	provisions for the deposit of operator permitting fees,
61	the enforcement of the state's water vending machine
62	regulations, penalties, and the preemption of county and
63	municipal water vending machine regulations, to conform;
64	repealing ss. 501.012-501.019, F.S., relating to the
65	registration of health studios and the regulation of
66	health studio services; amending s. 501.165, F.S., to
67	conform; repealing s. 501.143, F.S., relating to the Dance
68	Studio Act, the registration of ballroom dance studios,
69	and the regulation of dance studio lessons and services;
70	repealing s. 205.1969, F.S., relating to the issuance by
71	counties and municipalities of business tax receipts to
72	health studios and ballroom dance studios, to conform;
73	repealing part IV of chapter 501, F.S., relating to the
74	Florida Telemarketing Act, the licensure of commercial
75	telephone sellers and salespersons, and the regulation of
76	commercial telephone solicitation; repealing s. 205.1973,
77	F.S., relating to the issuance by counties and
78	municipalities of business tax receipts to telemarketing
79	businesses, to conform; amending ss. 501.165, 648.44,
80	772.102, and 895.02, F.S., to conform; repealing chapter
81	507, F.S., relating to the registration of movers and
82	moving brokers and the regulation of household moving
83	services; repealing s. 205.1975, F.S., relating to the
84	issuance by counties and municipalities of business tax
85	receipts to movers and moving brokers, to conform;
86	amending s. 509.242, F.S.; revising the license
87	classifications of public lodging establishments for
88	purposes of provisions regulating such establishments;
89	amending s. 509.221, F.S.; conforming a cross-reference;
90	repealing chapter 555, F.S., relating to the regulation of
91	outdoor theaters in which audiences view performances from
92	parked vehicles; repealing part VIII of chapter 559, F.S.,
93	relating to the Sale of Business Opportunities Act and the
94	regulation of certain business opportunities; repealing
95	part IX of chapter 559, F.S., relating to the registration
96	of motor vehicle repair shops, the Motor Vehicle Repair
97	Advisory Council, and the regulation of motor vehicle
98	repair; amending ss. 320.27, 445.025, and 713.585, F.S.,
99	to conform; repealing part XI of chapter 559, F.S.,
100	relating to the Florida Sellers of Travel Act, the
101	registration of sellers of travel, certification of
102	certain business activities, and the regulation of
103	prearranged travel, tourist-related services, tour-guide
104	services, and vacation certificates; repealing s.
105	205.1971, F.S., relating to the issuance by counties and
106	municipalities of business tax receipts to sellers of
107	travel, to conform; amending ss. 501.604, 501.608,
108	636.044, and 721.11, F.S., to conform; repealing s.
109	686.201, F.S., relating to contracts with sales
110	representatives involving commissions; repealing s.
111	817.559, F.S., relating to the labeling of television
112	picture tubes; providing an effective date.
113
114	Be It Enacted by the Legislature of the State of Florida:
115
116	Section 1.  Paragraph (a) of subsection (4) of section
117	20.165, Florida Statutes, is amended to read:
118	20.165  Department of Business and Professional
119	Regulation.-There is created a Department of Business and
120	Professional Regulation.
121	(4)(a)  The following boards and programs are established
122	within the Division of Professions:
123	1.  Board of Architecture and Interior Design, created
124	under part I of chapter 481.
125	2.  Florida Board of Auctioneers, created under part VI of
126	chapter 468.
127	2.3.  Barbers' Board, created under chapter 476.
128	3.4.  Florida Building Code Administrators and Inspectors
129	Board, created under part XII of chapter 468.
130	4.5.  Construction Industry Licensing Board, created under
131	part I of chapter 489.
132	5.6.  Board of Cosmetology, created under chapter 477.
133	6.7.  Electrical Contractors' Licensing Board, created
134	under part II of chapter 489.
135	7.8.  Board of Employee Leasing Companies, created under
136	part XI of chapter 468.
137	8.9.  Board of Landscape Architecture, created under part
138	II of chapter 481.
139	9.10.  Board of Pilot Commissioners, created under chapter
140	310.
141	10.11.  Board of Professional Engineers, created under
142	chapter 471.
143	11.12.  Board of Professional Geologists, created under
144	chapter 492.
145	12.13.  Board of Veterinary Medicine, created under chapter
146	474.
147	13.14.  Home inspection services licensing program, created
148	under part XV of chapter 468.
149	14.15.  Mold-related services licensing program, created
150	under part XVI of chapter 468.
151	Section 2.  Chapter 326, Florida Statutes, consisting of
152	sections 326.001, 326.002, 326.003, 326.004, 326.005, and
153	326.006, is repealed.
154	Section 3.  Paragraph (e) of subsection (1) of section
155	212.06, Florida Statutes, is amended to read:
156	212.06  Sales, storage, use tax; collectible from dealers;
157	"dealer" defined; dealers to collect from purchasers;
158	legislative intent as to scope of tax.-
159	(1)
160	(e)1.  Notwithstanding any other provision of this chapter,
161	tax shall not be imposed on any vessel registered under s.
162	328.52 by a vessel dealer or vessel manufacturer with respect to
163	a vessel used solely for demonstration, sales promotional, or
164	testing purposes. The term "promotional purposes" shall include,
165	but not be limited to, participation in fishing tournaments. For
166	the purposes of this paragraph, "promotional purposes" means the
167	entry of the vessel in a marine-related event where prospective
168	purchasers would be in attendance, where the vessel is entered
169	in the name of the dealer or manufacturer, and where the vessel
170	is clearly marked as for sale, on which vessel the name of the
171	dealer or manufacturer is clearly displayed, and which vessel
172	has never been transferred into the dealer's or manufacturer's
173	accounting books from an inventory item to a capital asset for
174	depreciation purposes.
175	2.  The provisions of this paragraph do not apply to any
176	vessel when used for transporting persons or goods for
177	compensation; when offered, let, or rented to another for
178	consideration; when offered for rent or hire as a means of
179	transportation for compensation; or when offered or used to
180	provide transportation for persons solicited through personal
181	contact or through advertisement on a "share expense" basis.
182	3.  Notwithstanding any other provision of this chapter,
183	tax may not be imposed on any vessel imported into this state
184	for the sole purpose of being offered for sale at retail by a
185	yacht broker or yacht dealer registered in this state if the
186	vessel remains under the care, custody, and control of the
187	registered broker or dealer and the owner of the vessel does not
188	make personal use of the vessel during that time. The provisions
189	of this chapter govern the taxability of any sale or use of the
190	vessel subsequent to its importation under this provision.
191	Section 4.  Paragraph (i) of subsection (8) of section
192	213.053, Florida Statutes, is amended to read:
193	213.053  Confidentiality and information sharing.-
194	(8)  Notwithstanding any other provision of this section,
195	the department may provide:
196	(i)  Information relative to chapter chapters 212 and
197	former chapter 326 to the Division of Florida Condominiums,
198	Timeshares, and Mobile Homes of the Department of Business and
199	Professional Regulation in the conduct of its official duties.
200
201	Disclosure of information under this subsection shall be
202	pursuant to a written agreement between the executive director
203	and the agency. Such agencies, governmental or nongovernmental,
204	shall be bound by the same requirements of confidentiality as
205	the Department of Revenue. Breach of confidentiality is a
206	misdemeanor of the first degree, punishable as provided by s.
207	775.082 or s. 775.083.
208	Section 5.  Part VI of chapter 468, Florida Statutes,
209	consisting of sections 468.381, 468.382, 468.383, 468.384,
210	468.385, 468.3851, 468.3852, 468.3855, 468.386, 468.387,
211	468.388, 468.389, 468.391, 468.392, 468.393, 468.394, 468.395,
212	468.396, 468.397, 468.398, and 468.399, is repealed.
213	Section 6.  Paragraphs (m) through (q) of subsection (2) of
214	section 538.03, Florida Statutes, are redesignated as paragraphs
215	(l) through (p), respectively, and present paragraph (l) of that
216	subsection is amended to read:
217	538.03  Definitions; applicability.-
218	(2)  This chapter does not apply to:
219	(l)  Any auction business as defined in s. 468.382(1).
220	Section 7.  Part VII of chapter 468, Florida Statutes,
221	consisting of sections 468.401, 468.402, 468.403, 468.404,
222	468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
223	468.412, 468.413, 468.414, and 468.415, is repealed.
224	Section 8.  Part IX of chapter 468, Florida Statutes,
225	consisting of sections 468.451, 468.452, 468.453, 468.4535,
226	468.4536, 468.454, 468.456, 468.4561, 468.45615, 468.4562,
227	468.4565, and 468.457, is repealed.
228	Section 9.  Section 477.0132, Florida Statutes, is amended
229	to read:
230	(Substantial rewording of section. See
231	s. 477.0132, F.S., for present text.)
232	477.0132  Hair braiding, hair wrapping, and body wrapping;
233	application of chapter.-This chapter does not apply to a person
234	whose occupation or practice is confined solely to hair
235	braiding, hair wrapping, or body wrapping.
236	Section 10.  Subsection (7) of section 477.019, Florida
237	Statutes, is amended to read:
238	477.019  Cosmetologists; qualifications; licensure;
239	supervised practice; license renewal; endorsement; continuing
240	education.-
241	(7)(a)  The board shall prescribe by rule continuing
242	education requirements intended to ensure protection of the
243	public through updated training of licensees and registered
244	specialists, not to exceed 16 hours biennially, as a condition
245	for renewal of a license or registration as a specialist under
246	this chapter. Continuing education courses shall include, but
247	not be limited to, the following subjects as they relate to the
248	practice of cosmetology: human immunodeficiency virus and
249	acquired immune deficiency syndrome; Occupational Safety and
250	Health Administration regulations; workers' compensation issues;
251	state and federal laws and rules as they pertain to
252	cosmetologists, cosmetology, salons, specialists, specialty
253	salons, and booth renters; chemical makeup as it pertains to
254	hair, skin, and nails; and environmental issues. Courses given
255	at cosmetology conferences may be counted toward the number of
256	continuing education hours required if approved by the board.
257	(b)  Any person whose occupation or practice is confined
258	solely to hair braiding, hair wrapping, or body wrapping is
259	exempt from the continuing education requirements of this
260	subsection.
261	(b)(c)  The board may, by rule, require any licensee in
262	violation of a continuing education requirement to take a
263	refresher course or refresher course and examination in addition
264	to any other penalty. The number of hours for the refresher
265	course may not exceed 48 hours.
266	Section 11.  Paragraph (f) of subsection (1) of section
267	477.026, Florida Statutes, is amended to read:
268	477.026  Fees; disposition.-
269	(1)  The board shall set fees according to the following
270	schedule:
271	(f)  For hair braiders, hair wrappers, and body wrappers,
272	fees for registration shall not exceed $25.
273	Section 12.  Paragraph (g) of subsection (1) of section
274	477.0265, Florida Statutes, is amended to read:
275	477.0265  Prohibited acts.-
276	(1)  It is unlawful for any person to:
277	(g)  Advertise or imply that skin care services or body
278	wrapping, as performed under this chapter, have any relationship
279	to the practice of massage therapy as defined in s. 480.033(3),
280	except those practices or activities defined in s. 477.013.
281	Section 13.  Paragraphs (a) of subsection (1) of section
282	477.029, Florida Statutes, is amended to read:
283	477.029  Penalty.-
284	(1)  It is unlawful for any person to:
285	(a)  Hold himself or herself out as a cosmetologist or,
286	specialist, hair wrapper, hair braider, or body wrapper unless
287	duly licensed, or registered, or otherwise authorized, as
288	provided in this chapter.
289	Section 14.  Sections 481.2131 and 481.2251, Florida
290	Statutes, are repealed.
291	Section 15.  Section 481.201, Florida Statutes, is amended
292	to read:
293	481.201  Purpose.-The primary legislative purpose for
294	enacting this part is to ensure that every architect practicing
295	in this state meets minimum requirements for safe practice. It
296	is the legislative intent that architects who fall below minimum
297	competency or who otherwise present a danger to the public shall
298	be prohibited from practicing in this state. The Legislature
299	further finds that it is in the interest of the public to limit
300	the practice of interior design to interior designers or
301	architects who have the design education and training required
302	by this part or to persons who are exempted from the provisions
303	of this part.
304	Section 16.  Section 481.203, Florida Statutes, is amended
305	to read:
306	481.203  Definitions.-As used in this part, the term:
307	(1)(3)  "Architect" or "registered architect" means a
308	natural person who is licensed under this part to engage in the
309	practice of architecture.
310	(2)(6)  "Architecture" means the rendering or offering to
311	render services in connection with the design and construction
312	of a structure or group of structures which have as their
313	principal purpose human habitation or use, and the utilization
314	of space within and surrounding such structures. These services
315	include planning, providing preliminary study designs, drawings
316	and specifications, job-site inspection, and administration of
317	construction contracts.
318	(3)(1)  "Board" means the Board of Architecture and
319	Interior Design.
320	(4)(5)  "Certificate of authorization" means a certificate
321	issued by the department to a corporation or partnership to
322	practice architecture or interior design.
323	(5)(4)  "Certificate of registration" means a license
324	issued by the department to a natural person to engage in the
325	practice of architecture or interior design.
326	(6)(2)  "Department" means the Department of Business and
327	Professional Regulation.
328	(7)(15)  "Interior decorator services" includes the
329	selection or assistance in selection of surface materials,
330	window treatments, wallcoverings, paint, floor coverings,
331	surface-mounted lighting, surface-mounted fixtures, and loose
332	furnishings not subject to regulation under applicable building
333	codes.
334	(8)  "Interior design" means designs, consultations,
335	studies, drawings, specifications, and administration of design
336	construction contracts relating to nonstructural interior
337	elements of a building or structure. "Interior design" includes,
338	but is not limited to, reflected ceiling plans, space planning,
339	furnishings, and the fabrication of nonstructural elements
340	within and surrounding interior spaces of buildings. "Interior
341	design" specifically excludes the design of or the
342	responsibility for architectural and engineering work, except
343	for specification of fixtures and their location within interior
344	spaces. As used in this subsection, "architectural and
345	engineering interior construction relating to the building
346	systems" includes, but is not limited to, construction of
347	structural, mechanical, plumbing, heating, air-conditioning,
348	ventilating, electrical, or vertical transportation systems, or
349	construction which materially affects lifesafety systems
350	pertaining to firesafety protection such as fire-rated
351	separations between interior spaces, fire-rated vertical shafts
352	in multistory structures, fire-rated protection of structural
353	elements, smoke evacuation and compartmentalization, emergency
354	ingress or egress systems, and emergency alarm systems.
355	(9)  "Registered interior designer" or "interior designer"
356	means a natural person who is licensed under this part.
357	(10)  "Nonstructural element" means an element which does
358	not require structural bracing and which is something other than
359	a load-bearing wall, load-bearing column, or other load-bearing
360	element of a building or structure which is essential to the
361	structural integrity of the building.
362	(11)  "Reflected ceiling plan" means a ceiling design plan
363	which is laid out as if it were projected downward and which may
364	include lighting and other elements.
365	(12)  "Space planning" means the analysis, programming, or
366	design of spatial requirements, including preliminary space
367	layouts and final planning.
368	(13)  "Common area" means an area that is held out for use
369	by all tenants or owners in a multiple-unit dwelling, including,
370	but not limited to, a lobby, elevator, hallway, laundry room,
371	clubhouse, or swimming pool.
372	(14)  "Diversified interior design experience" means
373	experience which substantially encompasses the various elements
374	of interior design services set forth under the definition of
375	"interior design" in subsection (8).
376	(8)(16)  "Responsible supervising control" means the
377	exercise of direct personal supervision and control throughout
378	the preparation of documents, instruments of service, or any
379	other work requiring the seal and signature of a licensee under
380	this part.
381	(9)(12)  "Space planning" means the analysis, programming,
382	or design of spatial requirements, including preliminary space
383	layouts and final planning.
384	(10)(7)  "Townhouse" is a single-family dwelling unit not
385	exceeding three stories in height which is constructed in a
386	series or group of attached units with property lines separating
387	such units. Each townhouse shall be considered a separate
388	building and shall be separated from adjoining townhouses by the
389	use of separate exterior walls meeting the requirements for zero
390	clearance from property lines as required by the type of
391	construction and fire protection requirements; or shall be
392	separated by a party wall; or may be separated by a single wall
393	meeting the following requirements:
394	(a)  Such wall shall provide not less than 2 hours of fire
395	resistance. Plumbing, piping, ducts, or electrical or other
396	building services shall not be installed within or through the
397	2-hour wall unless such materials and methods of penetration
398	have been tested in accordance with the Standard Building Code.
399	(b)  Such wall shall extend from the foundation to the
400	underside of the roof sheathing, and the underside of the roof
401	shall have at least 1 hour of fire resistance for a width not
402	less than 4 feet on each side of the wall.
403	(c)  Each dwelling unit sharing such wall shall be designed
404	and constructed to maintain its structural integrity independent
405	of the unit on the opposite side of the wall.
406	Section 17.  Subsection (1) and paragraph (a) of subsection
407	(3) of section 481.205, Florida Statutes, are amended to read:
408	481.205  Board of Architecture and Interior Design.-
409	(1)  The Board of Architecture and Interior Design is
410	created within the Department of Business and Professional
411	Regulation. The board shall consist of seven 11 members. Five
412	members must be registered architects who have been engaged in
413	the practice of architecture for at least 5 years; three members
414	must be registered interior designers who have been offering
415	interior design services for at least 5 years and who are not
416	also registered architects; and two three members must be
417	laypersons who are not, and have never been, architects,
418	interior designers, or members of any closely related profession
419	or occupation. At least one member of the board must be 60 years
420	of age or older.
421	(3)(a)  Notwithstanding the provisions of ss. 455.225,
422	455.228, and 455.32, the duties and authority of the department
423	to receive complaints and investigate and discipline persons
424	licensed under this part, including the ability to determine
425	legal sufficiency and probable cause; to initiate proceedings
426	and issue final orders for summary suspension or restriction of
427	a license pursuant to s. 120.60(6); to issue notices of
428	noncompliance, notices to cease and desist, subpoenas, and
429	citations; to retain legal counsel, investigators, or
430	prosecutorial staff in connection with the licensed practice of
431	architecture and interior design; and to investigate and deter
432	the unlicensed practice of architecture and interior design as
433	provided in s. 455.228 are delegated to the board. All
434	complaints and any information obtained pursuant to an
435	investigation authorized by the board are confidential and
436	exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
437	Section 18.  Section 481.207, Florida Statutes, is amended
438	to read:
439	481.207  Fees.-The board, by rule, may establish separate
440	fees for architects and interior designers, to be paid for
441	applications, examination, reexamination, licensing and renewal,
442	delinquency, reinstatement, and recordmaking and recordkeeping.
443	The examination fee shall be in an amount that covers the cost
444	of obtaining and administering the examination and shall be
445	refunded if the applicant is found ineligible to sit for the
446	examination. The application fee is nonrefundable. The fee for
447	initial application and examination for architects and interior
448	designers may not exceed $775 plus the actual per applicant cost
449	to the department for purchase of the examination from the
450	National Council of Architectural Registration Boards or the
451	National Council of Interior Design Qualifications,
452	respectively, or similar national organizations. The biennial
453	renewal fee for architects may not exceed $200. The biennial
454	renewal fee for interior designers may not exceed $500. The
455	delinquency fee may not exceed the biennial renewal fee
456	established by the board for an active license. The board shall
457	establish fees that are adequate to ensure the continued
458	operation of the board and to fund the proportionate expenses
459	incurred by the department which are allocated to the regulation
460	of architects and interior designers. Fees shall be based on
461	department estimates of the revenue required to implement this
462	part and the provisions of law with respect to the regulation of
463	architects and interior designers.
464	Section 19.  Section 481.209, Florida Statutes, is amended
465	to read:
466	481.209  Examinations.-
467	(1)  A person desiring to be licensed as a registered
468	architect shall apply to the department to take the licensure
469	examination. The department shall administer the licensure
470	examination for architects to each applicant who the board
471	certifies:
472	(1)(a)  Has completed the application form and remitted a
473	nonrefundable application fee and an examination fee which is
474	refundable if the applicant is found to be ineligible to take
475	the examination;
476	(2)(a)(b)1.  Is a graduate of a school or college of
477	architecture accredited by the National Architectural
478	Accreditation Board; or
479	(b)2.  Is a graduate of an approved architectural
480	curriculum, evidenced by a degree from an unaccredited school or
481	college of architecture approved by the board. The board shall
482	adopt rules providing for the review and approval of
483	unaccredited schools and colleges of architecture and courses of
484	architectural study based on a review and inspection by the
485	board of the curriculum of accredited schools and colleges of
486	architecture in the United States; and
487	(3)(c)  Has completed, prior to examination, 1 year of the
488	internship experience required by s. 481.211(1).
489	(2)  A person desiring to be licensed as a registered
490	interior designer shall apply to the department for licensure.
491	The department shall administer the licensure examination for
492	interior designers to each applicant who has completed the
493	application form and remitted the application and examination
494	fees specified in s. 481.207 and who the board certifies:
495	(a)  Is a graduate from an interior design program of 5
496	years or more and has completed 1 year of diversified interior
497	design experience;
498	(b)  Is a graduate from an interior design program of 4
499	years or more and has completed 2 years of diversified interior
500	design experience;
501	(c)  Has completed at least 3 years in an interior design
502	curriculum and has completed 3 years of diversified interior
503	design experience; or
504	(d)  Is a graduate from an interior design program of at
505	least 2 years and has completed 4 years of diversified interior
506	design experience.
507
508	Subsequent to October 1, 2000, for the purpose of having the
509	educational qualification required under this subsection
510	accepted by the board, the applicant must complete his or her
511	education at a program, school, or college of interior design
512	whose curriculum has been approved by the board as of the time
513	of completion. Subsequent to October 1, 2003, all of the
514	required amount of educational credits shall have been obtained
515	in a program, school, or college of interior design whose
516	curriculum has been approved by the board, as of the time each
517	educational credit is gained. The board shall adopt rules
518	providing for the review and approval of programs, schools, and
519	colleges of interior design and courses of interior design study
520	based on a review and inspection by the board of the curriculum
521	of programs, schools, and colleges of interior design in the
522	United States, including those programs, schools, and colleges
523	accredited by the Foundation for Interior Design Education
524	Research. The board shall adopt rules providing for the review
525	and approval of diversified interior design experience required
526	by this subsection.
527	Section 20.  Subsection (2) of section 481.211, Florida
528	Statutes, is amended to read:
529	481.211  Architecture internship required.-
530	(2)  Each applicant for licensure shall complete 1 year of
531	the internship experience required by this section subsequent to
532	graduation from a school or college of architecture as defined
533	in s. 481.209(1).
534	Section 21.  Subsections (1) through (4) of section
535	481.213, Florida Statutes, are amended to read:
536	481.213  Licensure.-
537	(1)  The department shall license any applicant who the
538	board certifies is qualified for licensure and who has paid the
539	initial licensure fee. Licensure as an architect under this
540	section shall be deemed to include all the rights and privileges
541	of licensure as an interior designer under this section.
542	(2)  The board shall certify for licensure by examination
543	any applicant who passes the prescribed licensure examination
544	and satisfies the requirements of ss. 481.209 and 481.211, for
545	architects, or the requirements of s. 481.209, for interior
546	designers.
547	(3)  The board shall certify as qualified for a license by
548	endorsement as an architect or as an interior designer an
549	applicant who:
550	(a)  Qualifies to take the prescribed licensure
551	examination, and has passed the prescribed licensure examination
552	or a substantially equivalent examination in another
553	jurisdiction, as set forth in s. 481.209 for architects or
554	interior designers, as applicable, and has satisfied the
555	internship requirements set forth in s. 481.211 for architects;
556	(b)  Holds a valid license to practice architecture or
557	interior design issued by another jurisdiction of the United
558	States, if the criteria for issuance of such license were
559	substantially equivalent to the licensure criteria that existed
560	in this state at the time the license was issued; provided,
561	however, that an applicant who has been licensed for use of the
562	title "interior design" rather than licensed to practice
563	interior design shall not qualify hereunder; or
564	(c)  Has passed the prescribed licensure examination and
565	holds a valid certificate issued by the National Council of
566	Architectural Registration Boards, and holds a valid license to
567	practice architecture issued by another state or jurisdiction of
568	the United States. For the purposes of this paragraph, any
569	applicant licensed in another state or jurisdiction after June
570	30, 1984, must also hold a degree in architecture and such
571	degree must be equivalent to that required in s.
572	481.209(2)(1)(b). Also for the purposes of this paragraph, any
573	applicant licensed in another state or jurisdiction after June
574	30, 1985, must have completed an internship equivalent to that
575	required by s. 481.211 and any rules adopted with respect
576	thereto.
577	(4)  The board may refuse to certify any applicant who has
578	violated any of the provisions of s. 481.223, or s. 481.225, or
579	s. 481.2251, as applicable.
580	Section 22.  Subsections (3) and (5) of section 481.215,
581	Florida Statutes, are amended to read:
582	481.215  Renewal of license.-
583	(3)  A No license renewal may not shall be issued to an
584	architect or an interior designer by the department until the
585	licensee submits proof satisfactory to the department that,
586	during the 2 years before prior to application for renewal, the
587	licensee participated per biennium in not less than 20 hours of
588	at least 50 minutes each per biennium of continuing education
589	approved by the board. The board shall approve only continuing
590	education that builds upon the basic knowledge of architecture
591	or interior design. The board may make exception from the
592	requirements of continuing education in emergency or hardship
593	cases.
594	(5)  The board shall require, by rule adopted pursuant to
595	ss. 120.536(1) and 120.54, a specified number of hours in
596	specialized or advanced courses, approved by the Florida
597	Building Commission, on any portion of the Florida Building
598	Code, adopted pursuant to part IV of chapter 553, relating to
599	the licensee's respective area of practice.
600	Section 23.  Subsection (1) of section 481.217, Florida
601	Statutes, is amended to read:
602	481.217  Inactive status.-
603	(1)  The board may prescribe by rule continuing education
604	requirements as a condition of reactivating a license. The
605	continuing education requirements for reactivating a license for
606	a registered architect may not exceed 12 contact hours for each
607	year the license was inactive. The minimum continuing education
608	requirement for reactivating a license for a registered interior
609	designer shall be those of the most recent biennium plus one-
610	half of the requirements in s. 481.215 for each year or part
611	thereof during which the license was inactive. The board shall
612	only approve continuing education that builds upon the basic
613	knowledge of interior design.
614	Section 24.  Section 481.219, Florida Statutes, is amended
615	to read:
616	481.219  Certification of partnerships, limited liability
617	companies, and corporations.-
618	(1)  The practice of or the offer to practice architecture
619	or interior design by licensees through a corporation, limited
620	liability company, or partnership offering architectural or
621	interior design services to the public, or by a corporation,
622	limited liability company, or partnership offering architectural
623	or interior design services to the public through licensees
624	under this part as agents, employees, officers, or partners, is
625	permitted, subject to the provisions of this section.
626	(2)  For the purposes of this section, a certificate of
627	authorization is shall be required for a corporation, limited
628	liability company, partnership, or person practicing under a
629	fictitious name, offering architectural services to the public
630	jointly or separately. However, when an individual is practicing
631	architecture in her or his own name, she or he is shall not be
632	required to be certified under this section. Certification under
633	this subsection to offer architectural services shall include
634	all the rights and privileges of certification under subsection
635	(3) to offer interior design services.
636	(3)  For the purposes of this section, a certificate of
637	authorization shall be required for a corporation, limited
638	liability company, partnership, or person operating under a
639	fictitious name, offering interior design services to the public
640	jointly or separately. However, when an individual is practicing
641	interior design in her or his own name, she or he shall not be
642	required to be certified under this section.
643	(3)(4)  All final construction documents and instruments of
644	service which include drawings, specifications, plans, reports,
645	or other papers or documents involving the practice of
646	architecture which are prepared or approved for the use of the
647	corporation, limited liability company, or partnership and filed
648	for public record within the state shall bear the signature and
649	seal of the licensee who prepared or approved them and the date
650	on which they were sealed.
651	(5)  All drawings, specifications, plans, reports, or other
652	papers or documents prepared or approved for the use of the
653	corporation, limited liability company, or partnership by an
654	interior designer in her or his professional capacity and filed
655	for public record within the state shall bear the signature and
656	seal of the licensee who prepared or approved them and the date
657	on which they were sealed.
658	(4)(6)  The department shall issue a certificate of
659	authorization to any applicant who the board certifies as
660	qualified for a certificate of authorization and who has paid
661	the fee set in s. 481.207.
662	(5)(7)  The board shall certify an applicant as qualified
663	for a certificate of authorization to offer architectural or
664	interior design services, provided that:
665	(a)  one or more of the principal officers of the
666	corporation or limited liability company, or one or more
667	partners of the partnership, and all personnel of the
668	corporation, limited liability company, or partnership who act
669	in its behalf in this state as architects, are registered as
670	provided by this part; or
671	(b)  One or more of the principal officers of the
672	corporation or one or more partners of the partnership, and all
673	personnel of the corporation, limited liability company, or
674	partnership who act in its behalf in this state as interior
675	designers, are registered as provided by this part.
676	(6)(8)  The department shall adopt rules establishing a
677	procedure for the biennial renewal of certificates of
678	authorization.
679	(7)(9)  The department shall renew a certificate of
680	authorization upon receipt of the renewal application and
681	biennial renewal fee.
682	(8)(10)  Each partnership, limited liability company, and
683	corporation certified under this section shall notify the
684	department within 30 days of any change in the information
685	contained in the application upon which the certification is
686	based. Any registered architect or interior designer who
687	qualifies the corporation, limited liability company, or
688	partnership as provided in subsection (6) (7) shall be
689	responsible for ensuring responsible supervising control of
690	projects of the entity and upon termination of her or his
691	employment with a partnership, limited liability company, or
692	corporation certified under this section shall notify the
693	department of the termination within 30 days.
694	(9)(11)  A No corporation, limited liability company, or
695	partnership may not shall be relieved of responsibility for the
696	conduct or acts of its agents, employees, or officers by reason
697	of its compliance with this section. However, the architect who
698	signs and seals the construction documents and instruments of
699	service is shall be liable for the professional services
700	performed, and the interior designer who signs and seals the
701	interior design drawings, plans, or specifications shall be
702	liable for the professional services performed.
703	(10)(12)  Disciplinary action against a corporation,
704	limited liability company, or partnership shall be administered
705	in the same manner and on the same grounds as disciplinary
706	action against a registered architect or interior designer,
707	respectively.
708	(11)(13)  Nothing in This section does not shall be
709	construed to mean that a certificate of registration to practice
710	architecture or interior design shall be held by a corporation,
711	limited liability company, or partnership. Nothing in This
712	section does not prohibit prohibits corporations, limited
713	liability companies, and partnerships from joining together to
714	offer architectural, engineering, interior design, surveying and
715	mapping, and landscape architectural services, or any
716	combination of such services, to the public, provided that each
717	corporation, limited liability company, or partnership otherwise
718	meets the requirements of law.
719	(14)  Corporations, limited liability companies, or
720	partnerships holding a valid certificate of authorization to
721	practice architecture shall be permitted to use in their title
722	the term "interior designer" or "registered interior designer."
723	Section 25.  Section 481.221, Florida Statutes, is amended
724	to read:
725	481.221  Seals; display of certificate number.-
726	(1)  The board shall prescribe, by rule, one or more forms
727	of seals to be used by registered architects holding valid
728	certificates of registration.
729	(2)  Each registered architect shall obtain one seal in a
730	form approved by rule of the board and may, in addition,
731	register her or his seal electronically in accordance with ss.
732	668.001-668.006. All final construction documents and
733	instruments of service which include drawings, plans,
734	specifications, or reports prepared or issued by the registered
735	architect and being filed for public record shall bear the
736	signature and seal of the registered architect who prepared or
737	approved the document and the date on which they were sealed.
738	The signature, date, and seal shall be evidence of the
739	authenticity of that to which they are affixed. Final plans,
740	specifications, or reports prepared or issued by a registered
741	architect may be transmitted electronically and may be signed by
742	the registered architect, dated, and sealed electronically with
743	the seal in accordance with ss. 668.001-668.006.
744	(3)  The board shall adopt a rule prescribing the
745	distinctly different seals to be used by registered interior
746	designers holding valid certificates of registration. Each
747	registered interior designer shall obtain a seal as prescribed
748	by the board, and all drawings, plans, specifications, or
749	reports prepared or issued by the registered interior designer
750	and being filed for public record shall bear the signature and
751	seal of the registered interior designer who prepared or
752	approved the document and the date on which they were sealed.
753	The signature, date, and seal shall be evidence of the
754	authenticity of that to which they are affixed. Final plans,
755	specifications, or reports prepared or issued by a registered
756	interior designer may be transmitted electronically and may be
757	signed by the registered interior designer, dated, and sealed
758	electronically with the seal in accordance with ss. 668.001-
759	668.006.
760	(3)(4)  No registered architect shall affix, or permit to
761	be affixed, her or his seal or signature to any final
762	construction document or instrument of service which includes
763	any plan, specification, drawing, or other document which
764	depicts work which she or he is not competent to perform.
765	(5)  No registered interior designer shall affix, or permit
766	to be affixed, her or his seal or signature to any plan,
767	specification, drawing, or other document which depicts work
768	which she or he is not competent or licensed to perform.
769	(7)  No registered interior designer shall affix her or his
770	signature or seal to any plans, specifications, or other
771	documents which were not prepared by her or him or under her or
772	his responsible supervising control or by another registered
773	interior designer and reviewed, approved, or modified and
774	adopted by her or him as her or his own work according to rules
775	adopted by the board.
776	(9)  Studies, drawings, specifications, and other related
777	documents prepared by a registered interior designer in
778	providing interior design services shall be of a sufficiently
779	high standard to clearly and accurately indicate all essential
780	parts of the work to which they refer.
781	(4)(10)  Each registered architect and each or interior
782	designer, and each corporation, limited liability company, or
783	partnership holding a certificate of authorization, shall
784	include its certificate number in any newspaper, telephone
785	directory, or other advertising medium used by the registered
786	architect, interior designer, corporation, limited liability
787	company, or partnership. A corporation, limited liability
788	company, or partnership is not required to display the
789	certificate number of individual registered architects or
790	interior designers employed by or working within the
791	corporation, limited liability company, or partnership.
792	(5)(11)  When the certificate of registration of a
793	registered architect or interior designer has been revoked or
794	suspended by the board, the registered architect or interior
795	designer shall surrender her or his seal to the secretary of the
796	board within a period of 30 days after the revocation or
797	suspension has become effective. If the certificate of the
798	registered architect or interior designer has been suspended for
799	a period of time, her or his seal shall be returned to her or
800	him upon expiration of the suspension period.
801	(6)(12)  A person may not sign and seal by any means any
802	final plan, specification, or report after her or his
803	certificate of registration has expired or is suspended or
804	revoked. A registered architect or interior designer whose
805	certificate of registration is suspended or revoked shall,
806	within 30 days after the effective date of the suspension or
807	revocation, surrender her or his seal to the executive director
808	of the board and confirm in writing to the executive director
809	the cancellation of the registered architect's or interior
810	designer's electronic signature in accordance with ss. 668.001-
811	668.006. When a registered architect's or interior designer's
812	certificate of registration is suspended for a period of time,
813	her or his seal shall be returned upon expiration of the period
814	of suspension.
815	Section 26.  Section 481.222, Florida Statutes, is amended
816	to read:
817	481.222  Architects performing building code inspection
818	services.-Notwithstanding any other provision of law, a person
819	who is currently licensed to practice as an architect under this
820	part may provide building code inspection services described in
821	s. 468.603(6) and (7) to a local government or state agency upon
822	its request, without being certified by the Florida Building
823	Code Administrators and Inspectors Board under part XII of
824	chapter 468. With respect to the performance of such building
825	code inspection services, the architect is subject to the
826	disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
827	Any complaint processing, investigation, and discipline that
828	arise out of an architect's performance of building code
829	inspection services shall be conducted by the Board of
830	Architecture and Interior Design rather than the Florida
831	Building Code Administrators and Inspectors Board. An architect
832	may not perform plans review as an employee of a local
833	government upon any job that the architect or the architect's
834	company designed.
835	Section 27.  Section 481.223, Florida Statutes, is amended
836	to read:
837	481.223  Prohibitions; penalties; injunctive relief.-
838	(1)  A person may not knowingly:
839	(a)  Practice architecture unless the person is an
840	architect or a registered architect; however, a licensed
841	architect who has been licensed by the board and who chooses to
842	relinquish or not to renew his or her license may use the title
843	"Architect, Retired" but may not otherwise render any
844	architectural services.
845	(b)  Practice interior design unless the person is a
846	registered interior designer unless otherwise exempted herein;
847	however, an interior designer who has been licensed by the board
848	and who chooses to relinquish or not to renew his or her license
849	may use the title "Interior Designer, Retired" but may not
850	otherwise render any interior design services.
851	(b)(c)  Use the name or title "architect" or "registered
852	architect," or "interior designer" or "registered interior
853	designer," or words to that effect, when the person is not then
854	the holder of a valid license issued pursuant to this part.
855	(c)(d)  Present as his or her own the license of another.
856	(d)(e)  Give false or forged evidence to the board or a
857	member thereof.
858	(e)(f)  Use or attempt to use an architect or interior
859	designer license that has been suspended, revoked, or placed on
860	inactive or delinquent status.
861	(f)(g)  Employ unlicensed persons to practice architecture
862	or interior design.
863	(g)(h)  Conceal information relative to violations of this
864	part.
865	(2)  Any person who violates any provision of subsection
866	(1) commits a misdemeanor of the first degree, punishable as
867	provided in s. 775.082 or s. 775.083.
868	(3)(a)  Notwithstanding chapter 455 or any other law to the
869	contrary, an affected person may maintain an action for
870	injunctive relief to restrain or prevent a person from violating
871	paragraph (1)(a), paragraph (1)(b), or paragraph (1)(b)(c). The
872	prevailing party is entitled to actual costs and attorney's
873	fees.
874	(b)  For purposes of this subsection, the term "affected
875	person" means a person directly affected by the actions of a
876	person suspected of violating paragraph (1)(a), paragraph
877	(1)(b), or paragraph (1)(b)(c) and includes, but is not limited
878	to, the department, any person who received services from the
879	alleged violator, or any private association composed primarily
880	of members of the profession the alleged violator is practicing
881	or offering to practice or holding himself or herself out as
882	qualified to practice.
883	Section 28.  Subsections (5) through (8) of section
884	481.229, Florida Statutes, are amended to read:
885	481.229  Exceptions; exemptions from licensure.-
886	(5)(a)  Nothing contained in this part shall prevent a
887	registered architect or a partnership, limited liability
888	company, or corporation holding a valid certificate of
889	authorization to provide architectural services from performing
890	any interior design service or from using the title "interior
891	designer" or "registered interior designer."
892	(b)  Notwithstanding any other provision of this part, all
893	persons licensed as architects under this part shall be
894	qualified for interior design licensure upon submission of a
895	completed application for such license and a fee not to exceed
896	$30. Such persons shall be exempt from the requirements of s.
897	481.209(2). For architects licensed as interior designers,
898	satisfaction of the requirements for renewal of licensure as an
899	architect under s. 481.215 shall be deemed to satisfy the
900	requirements for renewal of licensure as an interior designer
901	under that section. Complaint processing, investigation, or
902	other discipline-related legal costs related to persons licensed
903	as interior designers under this paragraph shall be assessed
904	against the architects' account of the Regulatory Trust Fund.
905	(c)  Notwithstanding any other provision of this part, any
906	corporation, partnership, or person operating under a fictitious
907	name which holds a certificate of authorization to provide
908	architectural services shall be qualified, without fee, for a
909	certificate of authorization to provide interior design services
910	upon submission of a completed application therefor. For
911	corporations, partnerships, and persons operating under a
912	fictitious name which hold a certificate of authorization to
913	provide interior design services, satisfaction of the
914	requirements for renewal of the certificate of authorization to
915	provide architectural services under s. 481.219 shall be deemed
916	to satisfy the requirements for renewal of the certificate of
917	authorization to provide interior design services under that
918	section.
919	(6)  This part shall not apply to:
920	(a)  A person who performs interior design services or
921	interior decorator services for any residential application,
922	provided that such person does not advertise as, or represent
923	himself or herself as, an interior designer. For purposes of
924	this paragraph, "residential applications" includes all types of
925	residences, including, but not limited to, residence buildings,
926	single-family homes, multifamily homes, townhouses, apartments,
927	condominiums, and domestic outbuildings appurtenant to one-
928	family or two-family residences. However, "residential
929	applications" does not include common areas associated with
930	instances of multiple-unit dwelling applications.
931	(b)  An employee of a retail establishment providing
932	"interior decorator services" on the premises of the retail
933	establishment or in the furtherance of a retail sale or
934	prospective retail sale, provided that such employee does not
935	advertise as, or represent himself or herself as, an interior
936	designer.
937	(7)  Nothing in this part shall be construed as authorizing
938	or permitting an interior designer to engage in the business of,
939	or to act as, a contractor within the meaning of chapter 489,
940	unless registered or certified as a contractor pursuant to
941	chapter 489.
942	(5)(8)  A manufacturer of commercial food service equipment
943	or the manufacturer's representative, distributor, or dealer or
944	an employee thereof, who prepares designs, specifications, or
945	layouts for the sale or installation of such equipment is exempt
946	from licensure as an architect or interior designer, if:
947	(a)  The designs, specifications, or layouts are not used
948	for construction or installation that may affect structural,
949	mechanical, plumbing, heating, air conditioning, ventilating,
950	electrical, or vertical transportation systems.
951	(b)  The designs, specifications, or layouts do not
952	materially affect lifesafety systems pertaining to firesafety
953	protection, smoke evacuation and compartmentalization, and
954	emergency ingress or egress systems.
955	(c)  Each design, specification, or layout document
956	prepared by a person or entity exempt under this subsection
957	contains a statement on each page of the document that the
958	designs, specifications, or layouts are not architectural,
959	interior design, or engineering designs, specifications, or
960	layouts and not used for construction unless reviewed and
961	approved by a licensed architect or engineer.
962	Section 29.  Subsection (1) of section 481.231, Florida
963	Statutes, is amended to read:
964	481.231  Effect of part locally.-
965	(1)  Nothing in This part does not shall be construed to
966	repeal, amend, limit, or otherwise affect any specific provision
967	of any local building code or zoning law or ordinance that has
968	been duly adopted, now or hereafter enacted, which is more
969	restrictive, with respect to the services of registered
970	architects or registered interior designers, than the provisions
971	of this part; provided, however, that a licensed architect shall
972	be deemed licensed as an interior designer for purposes of
973	offering or rendering interior design services to a county,
974	municipality, or other local government or political
975	subdivision.
976	Section 30.  Paragraph (c) of subsection (5) of section
977	553.79, Florida Statutes, is amended to read:
978	553.79  Permits; applications; issuance; inspections.-
979	(5)
980	(c)  The architect or engineer of record may act as the
981	special inspector provided she or he is on the Board of
982	Professional Engineers' or the Board of Architecture's
983	Architecture and Interior Design's list of persons qualified to
984	be special inspectors. School boards may utilize employees as
985	special inspectors provided such employees are on one of the
986	professional licensing board's list of persons qualified to be
987	special inspectors.
988	Section 31.  Subsection (7) of section 558.002, Florida
989	Statutes, is amended to read:
990	558.002  Definitions.-As used in this chapter, the term:
991	(7)  "Design professional" means a person, as defined in s.
992	1.01, who is licensed in this state as an architect, interior
993	designer, landscape architect, engineer, or surveyor.
994	Section 32.  Chapter 496, Florida Statutes, consisting of
995	sections 496.401, 496.402, 496.403, 496.404, 496.405, 496.406,
996	496.407, 496.409, 496.410, 496.411, 496.412, 496.413, 496.414,
997	496.415, 496.416, 496.417, 496.418, 496.419, 496.420, 496.421,
998	496.422, 496.423, 496.424, 496.425, 496.4255, and 496.426, is
999	repealed.
1000	Section 33.  Paragraph (b) of subsection (3) of section
1001	110.181, Florida Statutes, is amended to read:
1002	110.181  Florida State Employees' Charitable Campaign.-
1003	(3)  RULEMAKING AUTHORITY; ADMINISTRATIVE REVIEW.-
1004	(b)  Department action which adversely affects the
1005	substantial interests of a party may be subject to a hearing.
1006	The proceeding shall be conducted in accordance with chapter
1007	120, except that the time limits set forth in s. 496.405(7)
1008	shall prevail to the extent of any conflict.
1009	Section 34.  Subsections (2) and (3) of section 316.2045,
1010	Florida Statutes, are amended to read:
1011	316.2045  Obstruction of public streets, highways, and
1012	roads.-
1013	(2)  It is unlawful, without proper authorization or a
1014	lawful permit, for any person or persons willfully to obstruct
1015	the free, convenient, and normal use of any public street,
1016	highway, or road by any of the means specified in subsection (1)
1017	in order to solicit. Any person who violates the provisions of
1018	this subsection is guilty of a misdemeanor of the second degree,
1019	punishable as provided in s. 775.082 or s. 775.083.
1020	Organizations qualified under s. 501(c)(3) of the Internal
1021	Revenue Code and registered pursuant to chapter 496, or persons
1022	or organizations acting on their behalf are exempted from the
1023	provisions of this subsection for activities on streets or roads
1024	not maintained by the state. Permits for the use of any portion
1025	of a state-maintained road or right-of-way shall be required
1026	only for those purposes and in the manner set out in s. 337.406.
1027	(3)  Permits for the use of any street, road, or right-of-
1028	way not maintained by the state may be issued by the appropriate
1029	local government. An organization that is qualified under s.
1030	501(c)(3) of the Internal Revenue Code and registered under
1031	chapter 496, or a person or organization acting on behalf of
1032	that organization, is exempt from local requirements for a
1033	permit issued under this subsection for charitable solicitation
1034	activities on or along streets or roads that are not maintained
1035	by the state under the following conditions:
1036	(a)  The organization, or the person or organization acting
1037	on behalf of the organization, must provide all of the following
1038	to the local government:
1039	1.  No fewer than 14 calendar days prior to the proposed
1040	solicitation, the name and address of the person or organization
1041	that will perform the solicitation and the name and address of
1042	the organization that will receive funds from the solicitation.
1043	2.  For review and comment, a plan for the safety of all
1044	persons participating in the solicitation, as well as the
1045	motoring public, at the locations where the solicitation will
1046	take place.
1047	3.  Specific details of the location or locations of the
1048	proposed solicitation and the hours during which the
1049	solicitation activities will occur.
1050	4.  Proof of commercial general liability insurance against
1051	claims for bodily injury and property damage occurring on
1052	streets, roads, or rights-of-way or arising from the solicitor's
1053	activities or use of the streets, roads, or rights-of-way by the
1054	solicitor or the solicitor's agents, contractors, or employees.
1055	The insurance shall have a limit of not less than $1 million per
1056	occurrence for the general aggregate. The certificate of
1057	insurance shall name the local government as an additional
1058	insured and shall be filed with the local government no later
1059	than 72 hours before the date of the solicitation.
1060	5.  Proof of registration with the Department of
1061	Agriculture and Consumer Services pursuant to s. 496.405 or
1062	proof that the soliciting organization is exempt from the
1063	registration requirement.
1064	(b)  Organizations or persons meeting the requirements of
1065	subparagraphs (a)1.-5. may solicit for a period not to exceed 10
1066	cumulative days within 1 calendar year.
1067	(c)  All solicitation shall occur during daylight hours
1068	only.
1069	(d)  Solicitation activities shall not interfere with the
1070	safe and efficient movement of traffic and shall not cause
1071	danger to the participants or the public.
1072	(e)  No person engaging in solicitation activities shall
1073	persist after solicitation has been denied, act in a demanding
1074	or harassing manner, or use any sound or voice-amplifying
1075	apparatus or device.
1076	(f)  All persons participating in the solicitation shall be
1077	at least 18 years of age and shall possess picture
1078	identification.
1079	(g)  Signage providing notice of the solicitation shall be
1080	posted at least 500 feet before the site of the solicitation.
1081	(h)  The local government may stop solicitation activities
1082	if any conditions or requirements of this subsection are not
1083	met.
1084	Section 35.  Subsection (8) of section 320.023, Florida
1085	Statutes, is amended to read:
1086	320.023  Requests to establish voluntary checkoff on motor
1087	vehicle registration application.-
1088	(8)  All organizations seeking to establish a voluntary
1089	contribution on a motor vehicle registration application that
1090	are required to operate under the Solicitation of Contributions
1091	Act, as provided in chapter 496, must do so before funds may be
1092	distributed.
1093	Section 36.  Subsection (8) of section 322.081, Florida
1094	Statutes, is amended to read:
1095	322.081  Requests to establish voluntary checkoff on
1096	driver's license application.-
1097	(8)  All organizations seeking to establish a voluntary
1098	contribution on a driver's license application that are required
1099	to operate under the Solicitation of Contributions Act, as
1100	provided in chapter 496, must do so before funds may be
1101	distributed.
1102	Section 37.  Paragraph (d) of subsection (3) and paragraph
1103	(d) of subsection (4) of section 413.033, Florida Statutes, are
1104	amended to read:
1105	413.033  Definitions.-As used in ss. 413.032-413.037:
1106	(3)  "Qualified nonprofit agency for the blind" means an
1107	agency:
1108	(d)  Which meets the criteria for determining nonprofit
1109	status under the provisions of s. 196.195 and is registered and
1110	in good standing as a charitable organization with the
1111	Department of Agriculture and Consumer Services under the
1112	provisions of chapter 496.
1113	(4)  "Qualified nonprofit agency for other severely
1114	handicapped" means an agency:
1115	(d)  Which meets the criteria for determining nonprofit
1116	status under the provisions of s. 196.195 and is registered and
1117	in good standing as a charitable organization with the
1118	Department of Agriculture and Consumer Services under the
1119	provisions of chapter 496.
1120	Section 38.  Subsection (2) of section 550.0351, Florida
1121	Statutes, is amended to read:
1122	550.0351  Charity racing days.-
1123	(2)  The proceeds of charity performances shall be paid to
1124	qualified beneficiaries selected by the permitholders from an
1125	authorized list of charities on file with the division. Eligible
1126	charities include any charity that provides evidence of
1127	compliance with the provisions of chapter 496 and evidence of
1128	possession of a valid exemption from federal taxation issued by
1129	the Internal Revenue Service. In addition, the authorized list
1130	must include the Racing Scholarship Trust Fund, the Historical
1131	Resources Operating Trust Fund, major state and private
1132	institutions of higher learning, and Florida community colleges.
1133	Section 39.  Section 550.1647, Florida Statutes, is amended
1134	to read:
1135	550.1647  Greyhound permitholders; unclaimed tickets;
1136	breaks.-All money or other property represented by any
1137	unclaimed, uncashed, or abandoned pari-mutuel ticket which has
1138	remained in the custody of or under the control of any
1139	permitholder authorized to conduct greyhound racing pari-mutuel
1140	pools in this state for a period of 1 year after the date the
1141	pari-mutuel ticket was issued, if the rightful owner or owners
1142	thereof have made no claim or demand for such money or other
1143	property within that period of time, shall, with respect to live
1144	races conducted by the permitholder, be remitted to the state
1145	pursuant to s. 550.1645; however, such permitholder shall be
1146	entitled to a credit in each state fiscal year in an amount
1147	equal to the actual amount remitted in the prior state fiscal
1148	year which may be applied against any taxes imposed pursuant to
1149	this chapter. In addition, each permitholder shall pay, from any
1150	source, including the proceeds from performances conducted
1151	pursuant to s. 550.0351, an amount not less than 10 percent of
1152	the amount of the credit provided by this section to any bona
1153	fide organization that promotes or encourages the adoption of
1154	greyhounds. As used in this chapter, the term "bona fide
1155	organization that promotes or encourages the adoption of
1156	greyhounds" means any organization that provides evidence of
1157	compliance with chapter 496 and possesses a valid exemption from
1158	federal taxation issued by the Internal Revenue Service. Such
1159	bona fide organization, as a condition of adoption, must provide
1160	sterilization of greyhounds by a licensed veterinarian before
1161	relinquishing custody of the greyhound to the adopter. The fee
1162	for sterilization may be included in the cost of adoption.
1163	Section 40.  Paragraph (a) of subsection (3) of section
1164	741.0305, Florida Statutes, is amended to read:
1165	741.0305  Marriage fee reduction for completion of
1166	premarital preparation course.-
1167	(3)(a)  All individuals electing to participate in a
1168	premarital preparation course shall choose from the following
1169	list of qualified instructors:
1170	1.  A psychologist licensed under chapter 490.
1171	2.  A clinical social worker licensed under chapter 491.
1172	3.  A marriage and family therapist licensed under chapter
1173	491.
1174	4.  A mental health counselor licensed under chapter 491.
1175	5.  An official representative of a religious institution
1176	which is recognized under s. 496.404(19), if the representative
1177	has relevant training.
1178	6.  Any other provider designated by a judicial circuit,
1179	including, but not limited to, school counselors who are
1180	certified to offer such courses. Each judicial circuit may
1181	establish a roster of area course providers, including those who
1182	offer the course on a sliding fee scale or for free.
1183	Section 41.  Paragraph (a) of subsection (1) of section
1184	775.0861, Florida Statutes, is amended to read:
1185	775.0861  Offenses against persons on the grounds of
1186	religious institutions; reclassification.-
1187	(1)  For purposes of this section, the term:
1188	(a)  "Religious institution" means any church,
1189	ecclesiastical or denominational organization, or established
1190	physical place for worship in this state at which nonprofit
1191	religious services and activities are regularly conducted and
1192	carried on, and includes those bona fide religious groups which
1193	do not maintain specific places of worship. The term includes
1194	any separate group or corporation which forms an integral part
1195	of a religious institution which is exempt from federal income
1196	tax under the provisions of s. 501(c)(3) of the Internal Revenue
1197	Code, and which is not primarily supported by funds solicited
1198	outside its own membership or congregation is as defined in s.
1199	496.404.
1200	Section 42.  Paragraph (a) of subsection (8) of section
1201	790.166, Florida Statutes, is amended to read:
1202	790.166  Manufacture, possession, sale, delivery, display,
1203	use, or attempted or threatened use of a weapon of mass
1204	destruction or hoax weapon of mass destruction prohibited;
1205	definitions; penalties.-
1206	(8)  For purposes of this section, the term "weapon of mass
1207	destruction" does not include:
1208	(a)  A device or instrument that emits or discharges smoke
1209	or an offensive, noxious, or irritant liquid, powder, gas, or
1210	chemical for the purpose of immobilizing, incapacitating, or
1211	thwarting an attack by a person or animal and that is lawfully
1212	possessed or used by a person for the purpose of self-protection
1213	or, as provided in subsection (7), is lawfully possessed or used
1214	by any member or employee of the Armed Forces of the United
1215	States, a federal or state governmental agency, or a private
1216	entity. A member or employee of a federal or state governmental
1217	agency includes, but is not limited to, a law enforcement
1218	officer, as defined in s. 784.07; a federal law enforcement
1219	officer, as defined in s. 901.1505; a firefighter, as defined in
1220	s. 633.30; and an ambulance driver, emergency medical
1221	technician, or paramedic, as defined in s. 401.23 emergency
1222	service employee, as defined in s. 496.404.
1223	Section 43.  Paragraph (d) of subsection (3) of section
1224	843.16, Florida Statutes, is amended to read:
1225	843.16  Unlawful to install or transport radio equipment
1226	using assigned frequency of state or law enforcement officers;
1227	definitions; exceptions; penalties.-
1228	(3)  This section does not apply to the following:
1229	(d)  Any sworn law enforcement officer as defined in s.
1230	943.10; a firefighter, as defined in s. 633.30; or an ambulance
1231	driver, emergency medical technician, or paramedic, as defined
1232	in s. 401.23 or emergency service employee as defined in s.
1233	496.404 while using personal transportation to and from work.
1234	Section 44.  Subsection (2) of section 849.0935, Florida
1235	Statutes, is amended to read:
1236	849.0935  Charitable, nonprofit organizations; drawings by
1237	chance; required disclosures; unlawful acts and practices;
1238	penalties.-
1239	(2)  Section The provisions of s. 849.09 does shall not be
1240	construed to prohibit an organization qualified under 26 U.S.C.
1241	s. 501(c)(3), (4), (7), (8), (10), or (19) from conducting
1242	drawings by chance pursuant to the authority granted by this
1243	section, provided the organization has complied with all
1244	applicable provisions of chapter 496.
1245	Section 45.  Section 500.459, Florida Statutes, is
1246	repealed.
1247	Section 46.  Section 500.511, Florida Statutes, is amended
1248	to read:
1249	500.511  Bottled water plants; packed ice plants; Fees;
1250	enforcement; preemption.-
1251	(1)  FEES.-All fees collected under s. 500.459 shall be
1252	deposited into the General Inspection Trust Fund and shall be
1253	accounted for separately and used for the sole purpose of
1254	administering the provisions of such section.
1255	(2)  ENFORCEMENT AND PENALTIES.-In addition to the
1256	provisions contained in s. 500.459, the department may enforce
1257	s. 500.459 in the manner provided in s. 500.121. Any person who
1258	violates a provision of s. 500.459 or any rule adopted under
1259	such section shall be punished as provided in such section.
1260	However, criminal penalties may not be imposed against any
1261	person who violates a rule.
1262	(3)  PREEMPTION OF AUTHORITY TO REGULATE.-Regulation of
1263	bottled water plants, water vending machines, water vending
1264	machine operators, and packaged ice plants is preempted by the
1265	state. No county or municipality may adopt or enforce any
1266	ordinance that regulates the licensure or operation of bottled
1267	water plants, water vending machines, or packaged ice plants,
1268	unless it is determined that unique conditions exist within the
1269	county which require the county to regulate such entities in
1270	order to protect the public health. This subsection does not
1271	prohibit a county or municipality from requiring a business tax
1272	pursuant to chapter 205.
1273	Section 47.  Sections 501.012, 501.0125, 501.013, 501.014,
1274	501.015, 501.016, 501.017, 501.018, and 501.019, Florida
1275	Statutes, are repealed.
1276	Section 48.  Paragraph (d) of subsection (2) of section
1277	501.165, Florida Statutes, is amended to read:
1278	501.165  Automatic renewal of service contracts.-
1279	(2)  SERVICE CONTRACTS WITH AUTOMATIC RENEWAL PROVISIONS.-
1280	(d)  This subsection does not apply to:
1281	1.  A financial institution as defined in s. 655.005(1)(h)
1282	or any depository institution as defined in 12 U.S.C. s.
1283	1813(c)(2).
1284	2.  A foreign bank maintaining a branch or agency licensed
1285	under the laws of any state of the United States.
1286	3.  Any subsidiary or affiliate of an entity described in
1287	subparagraph 1. or subparagraph 2.
1288	4.  A health studio as defined in s. 501.0125(1).
1289	4.5.  Any entity licensed under chapter 624, chapter 627,
1290	chapter 634, chapter 636, or chapter 641.
1291	5.6.  Any electric utility as defined in s. 366.02(2).
1292	6.7.  Any private company as defined in s. 180.05 providing
1293	services described in chapter 180 that is competing against a
1294	governmental entity or has a governmental entity providing
1295	billing services on its behalf.
1296	Section 49.  Section 501.143, Florida Statutes, is
1297	repealed.
1298	Section 50.  Section 205.1969, Florida Statutes, is
1299	repealed.
1300	Section 51.  Part IV of chapter 501, Florida Statutes,
1301	consisting of sections 501.601, 501.602, 501.603, 501.604,
1302	501.605, 501.606, 501.607, 501.608, 501.609, 501.611, 501.612,
1303	501.613, 501.614, 501.615, 501.616, 501.617, 501.618, 501.619,
1304	501.621, 501.622, 501.623, 501.624, 501.625, and 501.626, is
1305	repealed.
1306	Section 52.  Section 205.1973, Florida Statutes, is
1307	repealed.
1308	Section 53.  Paragraph (b) of subsection (1) of section
1309	501.165, Florida Statutes, is amended to read:
1310	501.165  Automatic renewal of service contracts.-
1311	(1)  DEFINITIONS.-As used in this section:
1312	(b)  "Consumer" means a natural person an individual, as
1313	defined in s. 501.603, receiving service, maintenance, or repair
1314	under a service contract. The term does not include an
1315	individual engaged in business or employed by or otherwise
1316	acting on behalf of a governmental entity if the individual
1317	enters into the service contract as part of or ancillary to the
1318	individual's business activities or on behalf of the business or
1319	governmental entity.
1320	Section 54.  Paragraph (c) of subsection (1) of section
1321	648.44, Florida Statutes, is amended to read:
1322	648.44  Prohibitions; penalty.-
1323	(1)  A bail bond agent or temporary bail bond agent may
1324	not:
1325	(c)  Initiate in-person or telephone solicitation after
1326	9:00 p.m. or before 8:00 a.m., in the case of domestic violence
1327	cases, at the residence of the detainee or the detainee's
1328	family. Any solicitation not prohibited by this chapter must
1329	comply with the telephone solicitation requirements in s. ss.
1330	501.059(2) and (4), 501.613, and 501.616(6).
1331	Section 55.  Paragraph (a) of subsection (1) of section
1332	772.102, Florida Statutes, is amended to read:
1333	772.102  Definitions.-As used in this chapter, the term:
1334	(1)  "Criminal activity" means to commit, to attempt to
1335	commit, to conspire to commit, or to solicit, coerce, or
1336	intimidate another person to commit:
1337	(a)  Any crime that is chargeable by indictment or
1338	information under the following provisions:
1339	1.  Section 210.18, relating to evasion of payment of
1340	cigarette taxes.
1341	2.  Section 414.39, relating to public assistance fraud.
1342	3.  Section 440.105 or s. 440.106, relating to workers'
1343	compensation.
1344	4.  Part IV of chapter 501, relating to telemarketing.
1345	4.5.  Chapter 517, relating to securities transactions.
1346	5.6.  Section 550.235 or s. 550.3551, relating to dogracing
1347	and horseracing.
1348	6.7.  Chapter 550, relating to jai alai frontons.
1349	7.8.  Chapter 552, relating to the manufacture,
1350	distribution, and use of explosives.
1351	8.9.  Chapter 562, relating to beverage law enforcement.
1352	9.10.  Section 624.401, relating to transacting insurance
1353	without a certificate of authority, s. 624.437(4)(c)1., relating
1354	to operating an unauthorized multiple-employer welfare
1355	arrangement, or s. 626.902(1)(b), relating to representing or
1356	aiding an unauthorized insurer.
1357	10.11.  Chapter 687, relating to interest and usurious
1358	practices.
1359	11.12.  Section 721.08, s. 721.09, or s. 721.13, relating
1360	to real estate timeshare plans.
1361	12.13.  Chapter 782, relating to homicide.
1362	13.14.  Chapter 784, relating to assault and battery.
1363	14.15.  Chapter 787, relating to kidnapping or human
1364	trafficking.
1365	15.16.  Chapter 790, relating to weapons and firearms.
1366	16.17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05,
1367	or s. 796.07, relating to prostitution.
1368	17.18.  Chapter 806, relating to arson.
1369	18.19.  Section 810.02(2)(c), relating to specified
1370	burglary of a dwelling or structure.
1371	19.20.  Chapter 812, relating to theft, robbery, and
1372	related crimes.
1373	20.21.  Chapter 815, relating to computer-related crimes.
1374	21.22.  Chapter 817, relating to fraudulent practices,
1375	false pretenses, fraud generally, and credit card crimes.
1376	22.23.  Section 827.071, relating to commercial sexual
1377	exploitation of children.
1378	23.24.  Chapter 831, relating to forgery and
1379	counterfeiting.
1380	24.25.  Chapter 832, relating to issuance of worthless
1381	checks and drafts.
1382	25.26.  Section 836.05, relating to extortion.
1383	26.27.  Chapter 837, relating to perjury.
1384	27.28.  Chapter 838, relating to bribery and misuse of
1385	public office.
1386	28.29.  Chapter 843, relating to obstruction of justice.
1387	29.30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1388	or s. 847.07, relating to obscene literature and profanity.
1389	30.31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1390	s. 849.25, relating to gambling.
1391	31.32.  Chapter 893, relating to drug abuse prevention and
1392	control.
1393	32.33.  Section 914.22 or s. 914.23, relating to witnesses,
1394	victims, or informants.
1395	33.34.  Section 918.12 or s. 918.13, relating to tampering
1396	with jurors and evidence.
1397	Section 56.  Paragraph (a) of subsection (1) of section
1398	895.02, Florida Statutes, is amended to read:
1399	895.02  Definitions.-As used in ss. 895.01-895.08, the
1400	term:
1401	(1)  "Racketeering activity" means to commit, to attempt to
1402	commit, to conspire to commit, or to solicit, coerce, or
1403	intimidate another person to commit:
1404	(a)  Any crime that is chargeable by petition, indictment,
1405	or information under the following provisions of the Florida
1406	Statutes:
1407	1.  Section 210.18, relating to evasion of payment of
1408	cigarette taxes.
1409	2.  Section 316.1935, relating to fleeing or attempting to
1410	elude a law enforcement officer and aggravated fleeing or
1411	eluding.
1412	3.  Section 403.727(3)(b), relating to environmental
1413	control.
1414	4.  Section 409.920 or s. 409.9201, relating to Medicaid
1415	fraud.
1416	5.  Section 414.39, relating to public assistance fraud.
1417	6.  Section 440.105 or s. 440.106, relating to workers'
1418	compensation.
1419	7.  Section 443.071(4), relating to creation of a
1420	fictitious employer scheme to commit unemployment compensation
1421	fraud.
1422	8.  Section 465.0161, relating to distribution of medicinal
1423	drugs without a permit as an Internet pharmacy.
1424	9.  Section 499.0051, relating to crimes involving
1425	contraband and adulterated drugs.
1426	10.  Part IV of chapter 501, relating to telemarketing.
1427	10.11.  Chapter 517, relating to sale of securities and
1428	investor protection.
1429	11.12.  Section 550.235 or s. 550.3551, relating to
1430	dogracing and horseracing.
1431	12.13.  Chapter 550, relating to jai alai frontons.
1432	13.14.  Section 551.109, relating to slot machine gaming.
1433	14.15.  Chapter 552, relating to the manufacture,
1434	distribution, and use of explosives.
1435	15.16.  Chapter 560, relating to money transmitters, if the
1436	violation is punishable as a felony.
1437	16.17.  Chapter 562, relating to beverage law enforcement.
1438	17.18.  Section 624.401, relating to transacting insurance
1439	without a certificate of authority, s. 624.437(4)(c)1., relating
1440	to operating an unauthorized multiple-employer welfare
1441	arrangement, or s. 626.902(1)(b), relating to representing or
1442	aiding an unauthorized insurer.
1443	18.19.  Section 655.50, relating to reports of currency
1444	transactions, when such violation is punishable as a felony.
1445	19.20.  Chapter 687, relating to interest and usurious
1446	practices.
1447	20.21.  Section 721.08, s. 721.09, or s. 721.13, relating
1448	to real estate timeshare plans.
1449	21.22.  Section 775.13(5)(b), relating to registration of
1450	persons found to have committed any offense for the purpose of
1451	benefiting, promoting, or furthering the interests of a criminal
1452	gang.
1453	22.23.  Section 777.03, relating to commission of crimes by
1454	accessories after the fact.
1455	23.24.  Chapter 782, relating to homicide.
1456	24.25.  Chapter 784, relating to assault and battery.
1457	25.26.  Chapter 787, relating to kidnapping or human
1458	trafficking.
1459	26.27.  Chapter 790, relating to weapons and firearms.
1460	27.28.  Chapter 794, relating to sexual battery, but only
1461	if such crime was committed with the intent to benefit, promote,
1462	or further the interests of a criminal gang, or for the purpose
1463	of increasing a criminal gang member's own standing or position
1464	within a criminal gang.
1465	28.29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
1466	s. 796.05, or s. 796.07, relating to prostitution and sex
1467	trafficking.
1468	29.30.  Chapter 806, relating to arson and criminal
1469	mischief.
1470	30.31.  Chapter 810, relating to burglary and trespass.
1471	31.32.  Chapter 812, relating to theft, robbery, and
1472	related crimes.
1473	32.33.  Chapter 815, relating to computer-related crimes.
1474	33.34.  Chapter 817, relating to fraudulent practices,
1475	false pretenses, fraud generally, and credit card crimes.
1476	34.35.  Chapter 825, relating to abuse, neglect, or
1477	exploitation of an elderly person or disabled adult.
1478	35.36.  Section 827.071, relating to commercial sexual
1479	exploitation of children.
1480	36.37.  Chapter 831, relating to forgery and
1481	counterfeiting.
1482	37.38.  Chapter 832, relating to issuance of worthless
1483	checks and drafts.
1484	38.39.  Section 836.05, relating to extortion.
1485	39.40.  Chapter 837, relating to perjury.
1486	40.41.  Chapter 838, relating to bribery and misuse of
1487	public office.
1488	41.42.  Chapter 843, relating to obstruction of justice.
1489	42.43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
1490	or s. 847.07, relating to obscene literature and profanity.
1491	43.44.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
1492	s. 849.25, relating to gambling.
1493	44.45.  Chapter 874, relating to criminal gangs.
1494	45.46.  Chapter 893, relating to drug abuse prevention and
1495	control.
1496	46.47.  Chapter 896, relating to offenses related to
1497	financial transactions.
1498	47.48.  Sections 914.22 and 914.23, relating to tampering
1499	with or harassing a witness, victim, or informant, and
1500	retaliation against a witness, victim, or informant.
1501	48.49.  Sections 918.12 and 918.13, relating to tampering
1502	with jurors and evidence.
1503	Section 57.  Chapter 507, Florida Statutes, consisting of
1504	sections 507.01, 507.02, 507.03, 507.04, 507.05, 507.06, 507.07,
1505	507.08, 507.09, 507.10, 507.11, 507.12, and 507.13, is repealed.
1506	Section 58.  Section 205.1975, Florida Statutes, is
1507	repealed.
1508	Section 59.  Subsection (1) of section 509.242, Florida
1509	Statutes, is amended to read:
1510	509.242  Public lodging establishments; classifications.-
1511	(1)  A public lodging establishment shall be classified as
1512	a hotel, motel, resort condominium, nontransient apartment,
1513	transient apartment, roominghouse, bed and breakfast inn, or
1514	resort dwelling if the establishment satisfies the following
1515	criteria:
1516	(a)  Hotel.-A hotel is any public lodging establishment
1517	containing sleeping room accommodations for 25 or more guests
1518	and providing the services generally provided by a hotel and
1519	recognized as a hotel in the community in which it is situated
1520	or by the industry.
1521	(b)  Motel.-A motel is any public lodging establishment
1522	which offers rental units with an exit to the outside of each
1523	rental unit, daily or weekly rates, offstreet parking for each
1524	unit, a central office on the property with specified hours of
1525	operation, a bathroom or connecting bathroom for each rental
1526	unit, and at least six rental units, and which is recognized as
1527	a motel in the community in which it is situated or by the
1528	industry.
1529	(c)  Resort condominium.-A resort condominium is any unit
1530	or group of units in a condominium, cooperative, or timeshare
1531	plan which is rented more than three times in a calendar year
1532	for periods of less than 30 days or 1 calendar month, whichever
1533	is less, or which is advertised or held out to the public as a
1534	place regularly rented for periods of less than 30 days or 1
1535	calendar month, whichever is less.
1536	(d)  Nontransient apartment or roominghouse.-A nontransient
1537	apartment or roominghouse is a building or complex of buildings
1538	in which 75 percent or more of the units are available for rent
1539	to nontransient tenants.
1540	(e)  Transient apartment or roominghouse.-A transient
1541	apartment or roominghouse is a building or complex of buildings
1542	in which more than 25 percent of the units are advertised or
1543	held out to the public as available for transient occupancy.
1544	(f)  Roominghouse.-A roominghouse is any public lodging
1545	establishment that may not be classified as a hotel, motel,
1546	resort condominium, nontransient apartment, bed and breakfast
1547	inn, or transient apartment under this section. A roominghouse
1548	includes, but is not limited to, a boardinghouse.
1549	(f)(g)  Resort dwelling.-A resort dwelling is any
1550	individually or collectively owned one-family, two-family,
1551	three-family, or four-family dwelling house or dwelling unit
1552	which is rented more than three times in a calendar year for
1553	periods of less than 30 days or 1 calendar month, whichever is
1554	less, or which is advertised or held out to the public as a
1555	place regularly rented for periods of less than 30 days or 1
1556	calendar month, whichever is less.
1557	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
1558	family home structure, with no more than 15 sleeping rooms,
1559	which has been modified to serve as a transient public lodging
1560	establishment, which provides the accommodation and meal
1561	services generally offered by a bed and breakfast inn, and which
1562	is recognized as a bed and breakfast inn in the community in
1563	which it is situated or by the hospitality industry.
1564	Section 60.  Subsection (9) of section 509.221, Florida
1565	Statutes, is amended to read:
1566	509.221  Sanitary regulations.-
1567	(9)  Subsections (2), (5), and (6) do not apply to any
1568	facility or unit classified as a resort condominium,
1569	nontransient apartment, or resort dwelling as described in s.
1570	509.242(1)(c), (d), and (f)(g).
1571	Section 61.  Chapter 555, Florida Statutes, consisting of
1572	sections 555.01, 555.02, 555.03, 555.04, 555.05, 555.07, and
1573	555.08, is repealed.
1574	Section 62.  Part VIII of chapter 559, Florida Statutes,
1575	consisting of sections 559.80, 559.801, 559.802, 559.803,
1576	559.805, 559.807, 559.809, 559.811, 559.813, and 559.815, is
1577	repealed.
1578	Section 63.  Part IX of chapter 559, Florida Statutes,
1579	consisting of sections 559.901, 559.902, 559.903, 559.904,
1580	559.905, 559.907, 559.909, 559.911, 559.915, 559.916, 559.917,
1581	559.919, 559.920, 559.921, 559.9215, 559.922, 559.92201, and
1582	559.9221, is repealed.
1583	Section 64.  Paragraph (a) of subsection (9) of section
1584	320.27, Florida Statutes, is amended to read:
1585	320.27  Motor vehicle dealers.-
1586	(9)  DENIAL, SUSPENSION, OR REVOCATION.-
1587	(a)  The department may deny, suspend, or revoke any
1588	license issued hereunder or under the provisions of s. 320.77 or
1589	s. 320.771 upon proof that an applicant or a licensee has:
1590	1.  Committed fraud or willful misrepresentation in
1591	application for or in obtaining a license.
1592	2.  Been convicted of a felony.
1593	3.  Failed to honor a bank draft or check given to a motor
1594	vehicle dealer for the purchase of a motor vehicle by another
1595	motor vehicle dealer within 10 days after notification that the
1596	bank draft or check has been dishonored. If the transaction is
1597	disputed, the maker of the bank draft or check shall post a bond
1598	in accordance with the provisions of s. 559.917, and no
1599	proceeding for revocation or suspension shall be commenced until
1600	the dispute is resolved.
1601	4.a.  Failed to provide payment within 10 business days to
1602	the department for a check payable to the department that was
1603	dishonored due to insufficient funds in the amount due plus any
1604	statutorily authorized fee for uttering a worthless check. The
1605	department shall notify an applicant or licensee when the
1606	applicant or licensee makes payment to the department by a check
1607	that is subsequently dishonored by the bank due to insufficient
1608	funds. The applicant or licensee shall, within 10 business days
1609	after receiving the notice, provide payment to the department in
1610	the form of cash in the amount due plus any statutorily
1611	authorized fee. If the applicant or licensee fails to make such
1612	payment within 10 business days, the department may deny,
1613	suspend, or revoke the applicant's or licensee's motor vehicle
1614	dealer license.
1615	b.  Stopped payment on a check payable to the department,
1616	issued a check payable to the department from an account that
1617	has been closed, or charged back a credit card transaction to
1618	the department. If an applicant or licensee commits any such
1619	act, the department may deny, suspend, or revoke the applicant's
1620	or licensee's motor vehicle dealer license.
1621	Section 65.  Paragraph (a) of subsection (1) of section
1622	445.025, Florida Statutes, is amended to read:
1623	445.025  Other support services.-Support services shall be
1624	provided, if resources permit, to assist participants in
1625	complying with work activity requirements outlined in s.
1626	445.024. If resources do not permit the provision of needed
1627	support services, the regional workforce board may prioritize or
1628	otherwise limit provision of support services. This section does
1629	not constitute an entitlement to support services. Lack of
1630	provision of support services may be considered as a factor in
1631	determining whether good cause exists for failing to comply with
1632	work activity requirements but does not automatically constitute
1633	good cause for failing to comply with work activity
1634	requirements, and does not affect any applicable time limit on
1635	the receipt of temporary cash assistance or the provision of
1636	services under chapter 414. Support services shall include, but
1637	need not be limited to:
1638	(1)  TRANSPORTATION.-Transportation expenses may be
1639	provided to any participant when the assistance is needed to
1640	comply with work activity requirements or employment
1641	requirements, including transportation to and from a child care
1642	provider. Payment may be made in cash or tokens in advance or
1643	through reimbursement paid against receipts or invoices.
1644	Transportation services may include, but are not limited to,
1645	cooperative arrangements with the following: public transit
1646	providers; community transportation coordinators designated
1647	under chapter 427; school districts; churches and community
1648	centers; donated motor vehicle programs, van pools, and
1649	ridesharing programs; small enterprise developments and
1650	entrepreneurial programs that encourage participants to become
1651	transportation providers; public and private transportation
1652	partnerships; and other innovative strategies to expand
1653	transportation options available to program participants.
1654	(a)  Regional workforce boards may provide payment for
1655	vehicle operational and repair expenses, including repair
1656	expenditures necessary to make a vehicle functional; vehicle
1657	registration fees; driver's license fees; and liability
1658	insurance for the vehicle for a period of up to 6 months.
1659	Request for vehicle repairs must be accompanied by an estimate
1660	of the cost prepared by a repair facility registered under s.
1661
1662	Section 75.  This act shall take effect July 1, 2011.

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