Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1050
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to regulated professions and
    3         occupations; amending s. 326.004, F.S.; deleting a
    4         requirement that yacht and ship brokers maintain a
    5         separate license for each branch office and related
    6         fees; amending s. 447.02, F.S.; deleting a definition;
    7         repealing s. 447.04, F.S., relating to business
    8         agents, licenses, and permits; repealing s. 447.041,
    9         F.S., relating to hearings; repealing s. 447.045,
   10         F.S., relating to certain confidential information;
   11         repealing s. 447.06, F.S., relating to the required
   12         registration of labor organizations; amending s.
   13         447.09, F.S.; deleting prohibitions against specified
   14         actions; repealing s. 447.12, F.S., relating to
   15         registration fees; repealing s. 447.16, F.S., relating
   16         to the applicability of ch. 447, F.S.; amending s.
   17         468.401, F.S.; deleting the definitions of the terms
   18         “department,” “license,” and “licensee”; repealing s.
   19         468.402, F.S., relating to the duties of the
   20         Department of Business and Professional Regulation;
   21         repealing s. 468.403, F.S., relating to licensure and
   22         application requirements for owners and operators of
   23         talent agencies; repealing s. 468.404, F.S., relating
   24         to fees and renewal of talent agency licenses;
   25         repealing s. 468.405, F.S., relating to qualification
   26         for talent agency licenses; amending s. 468.406, F.S.;
   27         deleting the requirement for talent agencies to file
   28         with the department an itemized schedule of certain
   29         fees and an amended or supplemental schedule under
   30         certain circumstances; repealing s. 468.407, F.S.,
   31         relating to license contents and posting; amending s.
   32         468.408, F.S.; deleting a requirement that a talent
   33         agency file a bond for each talent agency license;
   34         deleting a departmental requirement to approve talent
   35         agency bonds; requiring that a bonding company notify
   36         the talent agency, rather than notifying the
   37         department, of certain claims; amending s. 468.409,
   38         F.S.; deleting provisions requiring talent agencies to
   39         make specified records readily available for
   40         inspection by the department; amending s. 468.410,
   41         F.S.; deleting a reference to the department in talent
   42         agency contracts; amending s. 468.412, F.S.; revising
   43         the requirements for talent agencies to enter in the
   44         talent agency records; revising the requirements for
   45         talent agencies to post certain laws and rules;
   46         revising the information required in talent agency
   47         publications; amending s. 468.413, F.S.; deleting
   48         provisions relating to criminal violations for failing
   49         to obtain or maintain licensure with the department;
   50         deleting provisions authorizing the court to suspend
   51         or revoke a license; deleting a provision authorizing
   52         the court to bring certain actions; repealing s.
   53         468.414, F.S., relating to collection and deposit of
   54         fines, fees, and penalties collected by the
   55         department; amending s. 468.415, F.S.; deleting a
   56         provision authorizing the department to revoke a
   57         license; amending s. 468.451, F.S.; revising
   58         legislative intent related to the regulation of
   59         athlete agents; reordering and amending s. 468.452,
   60         F.S.; deleting the term “department”; repealing s.
   61         468.453, F.S., relating to the licensure of athlete
   62         agents; repealing s. 468.4536, F.S., relating to
   63         renewal of such licenses; amending s. 468.454, F.S.;
   64         revising the information that must be stated in agent
   65         contracts; deleting a condition under which an agent
   66         contract is void and unenforceable; repealing s.
   67         468.456, F.S., relating to prohibited acts for athlete
   68         agents; repealing s. 468.4561, F.S., relating to
   69         unlicensed activity and penalties for violations;
   70         amending s. 468.45615, F.S.; conforming provisions to
   71         changes made by the act; amending s. 468.4565, F.S.;
   72         deleting provisions authorizing the Department of
   73         Business and Professional Regulation to access and
   74         inspect certain records of athlete agents and related
   75         disciplinary actions and subpoena powers; repealing s.
   76         468.457, F.S., relating to rulemaking authority;
   77         amending s. 469.006, F.S.; requiring that a license be
   78         in the name of a qualifying agent rather than the name
   79         of a business organization; requiring the qualifying
   80         agent, rather than the business organization, to
   81         report certain changes in information; conforming
   82         provisions to changes made by the act; amending s.
   83         469.009, F.S.; deleting the authority of the
   84         department to reprimand, censure, or impose probation
   85         on certain business organizations; amending s.
   86         477.0135, F.S.; providing that a license or
   87         registration is not required for a person whose
   88         occupation or practice is confined solely to adding
   89         polish to nails; amending s. 481.203, F.S.; defining
   90         the term “business organization”; deleting the
   91         definition of the term “certificate of authorization”;
   92         amending s. 481.219, F.S.; revising the process by
   93         which a business organization obtains the requisite
   94         license to perform architectural services; requiring
   95         that a licensee or an applicant apply to qualify a
   96         business organization under certain circumstances;
   97         specifying application requirements; authorizing the
   98         Board of Architecture and Interior Design to deny an
   99         application under certain circumstances; requiring
  100         that a qualifying agent be a registered architect or a
  101         registered interior designer under certain
  102         circumstances; requiring that a qualifying agent
  103         notify the department when she or he ceases to be
  104         affiliated with a business organization; prohibiting a
  105         business organization from engaging in certain
  106         practices until it is qualified by a qualifying agent;
  107         authorizing the executive director or the chair of the
  108         board to authorize a certain registered architect or
  109         interior designer to temporarily serve as the business
  110         organization’s qualifying agent for a specified
  111         timeframe under certain circumstances; requiring the
  112         qualifying agent to give written notice to the
  113         department before engaging in practice under her or
  114         his own name or in affiliation with another business
  115         organization; requiring the board to certify an
  116         applicant to qualify one or more business
  117         organizations or to operate using a fictitious name
  118         under certain circumstances; conforming provisions to
  119         changes made by the act; amending s. 481.221, F.S.;
  120         requiring a business organization to include the
  121         license number of a certain registered architect or
  122         interior designer in any advertising; providing an
  123         exception; conforming provisions to changes made by
  124         the act; amending s. 481.229, F.S.; conforming
  125         provisions to changes made by the act; reordering and
  126         amending s. 481.303, F.S.; deleting the term
  127         “certificate of authorization”; amending s. 481.321,
  128         F.S.; revising provisions that require persons to
  129         display certificate numbers under certain
  130         circumstances; conforming provisions to changes made
  131         by the act; amending ss. 481.311, 481.317, and
  132         481.319, F.S.; conforming provisions to changes made
  133         by the act; amending s. 481.329, F.S.; conforming a
  134         cross-reference; amending s. 489.503, F.S.; revising
  135         an exemption from regulation for certain persons;
  136         exempting a person who installs certain low-voltage
  137         landscape lighting from specified requirements;
  138         amending s. 489.518, F.S.; exempting certain persons
  139         from initial training for burglar alarm system agents;
  140         providing an effective date.
  142  Be It Enacted by the Legislature of the State of Florida:
  144         Section 1. Subsection (13) of section 326.004, Florida
  145  Statutes, is amended to read:
  146         326.004 Licensing.—
  147         (13) Each broker must maintain a principal place of
  148  business in this state and may establish branch offices in the
  149  state. A separate license must be maintained for each branch
  150  office. The division shall establish by rule a fee not to exceed
  151  $100 for each branch office license.
  152         Section 2. Subsection (3) of section 447.02, Florida
  153  Statutes, is amended to read:
  154         447.02 Definitions.—The following terms, when used in this
  155  chapter, shall have the meanings ascribed to them in this
  156  section:
  157         (3) The term “department” means the Department of Business
  158  and Professional Regulation.
  159         Section 3. Section 447.04, Florida Statutes, is repealed.
  160         Section 4. Section 447.041, Florida Statutes, is repealed.
  161         Section 5. Section 447.045, Florida Statutes, is repealed.
  162         Section 6. Section 447.06, Florida Statutes, is repealed.
  163         Section 7. Subsections (6) and (8) of section 447.09,
  164  Florida Statutes, are amended to read:
  165         447.09 Right of franchise preserved; penalties.—It shall be
  166  unlawful for any person:
  167         (6) To act as a business agent without having obtained and
  168  possessing a valid and subsisting license or permit.
  169         (8) To make any false statement in an application for a
  170  license.
  171         Section 8. Section 447.12, Florida Statutes, is repealed.
  172         Section 9. Section 447.16, Florida Statutes, is repealed.
  173         Section 10. Section 468.401, Florida Statutes, is amended
  174  to read:
  175         468.401 Regulation of Talent agencies; definitions.—As used
  176  in this part or any rule adopted pursuant hereto:
  177         (1) “Talent agency” means any person who, for compensation,
  178  engages in the occupation or business of procuring or attempting
  179  to procure engagements for an artist.
  180         (2) “Owner” means any partner in a partnership, member of a
  181  firm, or principal officer or officers of a corporation, whose
  182  partnership, firm, or corporation owns a talent agency, or any
  183  individual who is the sole owner of a talent agency.
  184         (3) “Compensation” means any one or more of the following:
  185         (a) Any money or other valuable consideration paid or
  186  promised to be paid for services rendered by any person
  187  conducting the business of a talent agency under this part;
  188         (b) Any money received by any person in excess of that
  189  which has been paid out by such person for transportation,
  190  transfer of baggage, or board and lodging for any applicant for
  191  employment; or
  192         (c) The difference between the amount of money received by
  193  any person who furnishes employees, performers, or entertainers
  194  for circus, vaudeville, theatrical, or other entertainments,
  195  exhibitions, engagements, or performances and the amount paid by
  196  him or her to such employee, performer, or entertainer.
  197         (4) “Engagement” means any employment or placement of an
  198  artist, where the artist performs in his or her artistic
  199  capacity. However, the term “engagement” shall not apply to
  200  procuring opera, music, theater, or dance engagements for any
  201  organization defined in s. 501(c)(3) of the Internal Revenue
  202  Code or any nonprofit Florida arts organization that has
  203  received a grant from the Division of Cultural Affairs of the
  204  Department of State or has participated in the state touring
  205  program of the Division of Cultural Affairs.
  206         (5) “Department” means the Department of Business and
  207  Professional Regulation.
  208         (5)(6) “Operator” means the person who is or who will be in
  209  actual charge of a talent agency.
  210         (6)(7) “Buyer” or “employer” means a person, company,
  211  partnership, or corporation that uses the services of a talent
  212  agency to provide artists.
  213         (7)(8) “Artist” means a person performing on the
  214  professional stage or in the production of television, radio, or
  215  motion pictures; a musician or group of musicians; or a model.
  216         (8)(9) “Person” means any individual, company, society,
  217  firm, partnership, association, corporation, manager, or any
  218  agent or employee of any of the foregoing.
  219         (10) “License” means a license issued by the Department of
  220  Business and Professional Regulation to carry on the business of
  221  a talent agency under this part.
  222         (11) “Licensee” means a talent agency which holds a valid
  223  unrevoked and unforfeited license issued under this part.
  224         Section 11. Section 468.402, Florida Statutes, is repealed.
  225         Section 12. Section 468.403, Florida Statutes, is repealed.
  226         Section 13. Section 468.404, Florida Statutes, is repealed.
  227         Section 14. Section 468.405, Florida Statutes, is repealed.
  228         Section 15. Subsection (1) of section 468.406, Florida
  229  Statutes, is amended to read:
  230         468.406 Fees to be charged by talent agencies; rates;
  231  display.—
  232         (1) Each owner or operator of a talent agency shall post
  233  applicant for a license shall file with the application an
  234  itemized schedule of maximum fees, charges, and commissions that
  235  which it intends to charge and collect for its services. This
  236  schedule may thereafter be raised only by filing with the
  237  department an amended or supplemental schedule at least 30 days
  238  before the change is to become effective. The schedule shall be
  239  posted in a conspicuous place in each place of business of the
  240  agency, and the schedule shall be printed in not less than a 30
  241  point boldfaced type, except that an agency that uses written
  242  contracts containing maximum fee schedules need not post such
  243  schedules.
  244         Section 16. Section 468.407, Florida Statutes, is repealed.
  245         Section 17. Subsection (1) of section 468.408, Florida
  246  Statutes, is amended to read:
  247         468.408 Bond required.—
  248         (1) A There shall be filed with the department for each
  249  talent agency shall obtain license a bond in the form of a
  250  surety by a reputable company engaged in the bonding business
  251  and authorized to do business in this state. The bond shall be
  252  for the penal sum of $5,000, with one or more sureties to be
  253  approved by the department, and be conditioned that the talent
  254  agency applicant conform to and not violate any of the duties,
  255  terms, conditions, provisions, or requirements of this part.
  256         (a) If any person is aggrieved by the misconduct of any
  257  talent agency, the person may maintain an action in his or her
  258  own name upon the bond of the agency in any court having
  259  jurisdiction of the amount claimed. All such claims shall be
  260  assignable, and the assignee shall be entitled to the same
  261  remedies, upon the bond of the agency or otherwise, as the
  262  person aggrieved would have been entitled to if such claim had
  263  not been assigned. Any claim or claims so assigned may be
  264  enforced in the name of such assignee.
  265         (b) The bonding company shall notify the talent agency the
  266  department of any claim against such bond, and a copy of such
  267  notice shall be sent to the talent agency against which the
  268  claim is made.
  269         Section 18. Section 468.409, Florida Statutes, is amended
  270  to read:
  271         468.409 Records required to be kept.—Each talent agency
  272  shall keep on file the application, registration, or contract of
  273  each artist. In addition, such file must include the name and
  274  address of each artist, the amount of the compensation received,
  275  and all attempts to procure engagements for the artist. No such
  276  agency or employee thereof shall knowingly make any false entry
  277  in applicant files or receipt files. Each card or document in
  278  such files shall be preserved for a period of 1 year after the
  279  date of the last entry thereon. Records required under this
  280  section shall be readily available for inspection by the
  281  department during reasonable business hours at the talent
  282  agency’s principal office. A talent agency must provide the
  283  department with true copies of the records in the manner
  284  prescribed by the department.
  285         Section 19. Subsection (3) of section 468.410, Florida
  286  Statutes, is amended to read:
  287         468.410 Prohibition against registration fees; referral.—
  288         (3) A talent agency shall give each applicant a copy of a
  289  contract, within 24 hours after the contract’s execution, which
  290  lists the services to be provided and the fees to be charged.
  291  The contract shall state that the talent agency is regulated by
  292  the department and shall list the address and telephone number
  293  of the department.
  294         Section 20. Section 468.412, Florida Statutes, is amended
  295  to read:
  296         468.412 Talent agency regulations; prohibited acts.—
  297         (1) A talent agency shall maintain a record sheet for each
  298  booking. This shall be the only required record of placement and
  299  shall be kept for a period of 1 year after the date of the last
  300  entry in the buyer’s file.
  301         (2) Each talent agency shall keep records in which shall be
  302  entered:
  303         (a) The name and address of each artist employing such
  304  talent agency;
  305         (b) The amount of fees received from each such artist; and
  306         (c) The employment in which each such artist is engaged at
  307  the time of employing such talent agency and the amount of
  308  compensation of the artist in such employment, if any, and the
  309  employments subsequently secured by such artist during the term
  310  of the contract between the artist and the talent agency and the
  311  amount of compensation received by the artist pursuant thereto.;
  312  and
  313         (d) Other information which the department may require from
  314  time to time.
  315         (3) All books, records, and other papers kept pursuant to
  316  this act by any talent agency shall be open at all reasonable
  317  hours to the inspection of the department and its agents. Each
  318  talent agency shall furnish to the department, upon request, a
  319  true copy of such books, records, and papers, or any portion
  320  thereof, and shall make such reports as the department may
  321  prescribe from time to time.
  322         (3)(4) Each talent agency shall post in a conspicuous place
  323  in the office of such talent agency a printed copy of this part
  324  and of the rules adopted under this part. Such copies shall also
  325  contain the name and address of the officer charged with
  326  enforcing this part. The department shall furnish to talent
  327  agencies printed copies of any statute or rule required to be
  328  posted under this subsection.
  329         (4)(a)(5)(a) No talent agency may knowingly issue a
  330  contract for employment containing any term or condition which,
  331  if complied with, would be in violation of law, or attempt to
  332  fill an order for help to be employed in violation of law.
  333         (b) A talent agency must advise an artist, in writing, that
  334  the artist has a right to rescind a contract for employment
  335  within the first 3 business days after the contract’s execution.
  336  Any engagement procured by the talent agency for the artist
  337  during the first 3 business days of the contract remains
  338  commissionable to the talent agency.
  339         (5)(6) No talent agency may publish or cause to be
  340  published any false, fraudulent, or misleading information,
  341  representation, notice, or advertisement. All advertisements of
  342  a talent agency by means of card, circulars, or signs, and in
  343  newspapers and other publications, and all letterheads,
  344  receipts, and blanks shall be printed and contain the licensed
  345  name, department license number, and address of the talent
  346  agency and the words “talent agency.” No talent agency may give
  347  any false information or make any false promises or
  348  representations concerning an engagement or employment to any
  349  applicant who applies for an engagement or employment.
  350         (6)(7) No talent agency may send or cause to be sent any
  351  person as an employee to any house of ill fame, to any house or
  352  place of amusement for immoral purposes, to any place resorted
  353  to for the purposes of prostitution, to any place for the
  354  modeling or photographing of a minor in the nude in the absence
  355  of written permission from the minor’s parents or legal
  356  guardians, the character of which places the talent agency could
  357  have ascertained upon reasonable inquiry.
  358         (7)(8) No talent agency, without the written consent of the
  359  artist, may divide fees with anyone, including, but not limited
  360  to, an agent or other employee of an employer, a buyer, a
  361  casting director, a producer, a director, or any venue that uses
  362  entertainment. For purposes of this subsection, to “divide fees”
  363  includes the sharing among two or more persons of those fees
  364  charged to an artist for services performed on behalf of that
  365  artist, the total amount of which fees exceeds the amount that
  366  would have been charged to the artist by the talent agency
  367  alone.
  368         (8)(9) If a talent agency collects from an artist a fee or
  369  expenses for obtaining employment for the artist, and the artist
  370  fails to procure such employment, or the artist fails to be paid
  371  for such employment if procured, such talent agency shall, upon
  372  demand therefor, repay to the artist the fee and expenses so
  373  collected. Unless repayment thereof is made within 48 hours
  374  after demand therefor, the talent agency shall pay to the artist
  375  an additional sum equal to the amount of the fee.
  376         (9)(10) Each talent agency must maintain a permanent office
  377  and must maintain regular operating hours at that office.
  378         (10)(11) A talent agency may assign an engagement contract
  379  to another talent agency licensed in this state only if the
  380  artist agrees in writing to the assignment. The assignment must
  381  occur, and written notice of the assignment must be given to the
  382  artist, within 30 days after the artist agrees in writing to the
  383  assignment.
  384         Section 21. Section 468.413, Florida Statutes, is amended
  385  to read:
  386         468.413 Legal requirements; penalties.—
  387         (1) Each of the following acts constitutes a felony of the
  388  third degree, punishable as provided in s. 775.082, s. 775.083,
  389  or s. 775.084:
  390         (a) Owning or operating, or soliciting business as, a
  391  talent agency in this state without first procuring a license
  392  from the department.
  393         (b) Obtaining or attempting to obtain a license by means of
  394  fraud, misrepresentation, or concealment.
  395         (2) Each of the following acts constitutes a misdemeanor of
  396  the second degree, punishable as provided in s. 775.082 or s.
  397  775.083:
  398         (a) Relocating a business as a talent agency, or operating
  399  under any name other than that designated on the license, unless
  400  written notification is given to the department and to the
  401  surety or sureties on the original bond, and unless the license
  402  is returned to the department for the recording thereon of such
  403  changes.
  404         (b) Assigning or attempting to assign a license issued
  405  under this part.
  406         (c) Failing to show on a license application whether or not
  407  the agency or any owner of the agency is financially interested
  408  in any other business of like nature and, if so, failing to
  409  specify such interest or interests.
  410         (a)(d) Failing to maintain the records required by s.
  411  468.409 or knowingly making false entries in such records.
  412         (b)(e) Requiring as a condition to registering or obtaining
  413  employment or placement for any applicant that the applicant
  414  subscribe to, purchase, or attend any publication, postcard
  415  service, advertisement, resume service, photography service,
  416  school, acting school, workshop, or acting workshop.
  417         (c)(f) Failing to give each applicant a copy of a contract
  418  which lists the services to be provided and the fees to be
  419  charged by, which states that the talent agency is regulated by
  420  the department, and which lists the address and telephone number
  421  of the department.
  422         (d)(g) Failing to maintain a record sheet as required by s.
  423  468.412(1).
  424         (e)(h) Knowingly sending or causing to be sent any artist
  425  to a prospective employer or place of business, the character or
  426  operation of which employer or place of business the talent
  427  agency knows to be in violation of the laws of the United States
  428  or of this state.
  429         (3) The court may, in addition to other punishment provided
  430  for in subsection (2), suspend or revoke the license of any
  431  licensee under this part who has been found guilty of any
  432  misdemeanor listed in subsection (2).
  433         (2)(4) In the event that the department or any state
  434  attorney shall have probable cause to believe that a talent
  435  agency or other person has violated any provision of subsection
  436  (1), an action may be brought by the department or any state
  437  attorney to enjoin such talent agency or any person from
  438  continuing such violation, or engaging therein or doing any acts
  439  in furtherance thereof, and for such other relief as to the
  440  court seems appropriate. In addition to this remedy, the
  441  department may assess a penalty against any talent agency or any
  442  person in an amount not to exceed $5,000.
  443         Section 22. Section 468.414, Florida Statutes, is repealed.
  444         Section 23. Section 468.415, Florida Statutes, is amended
  445  to read:
  446         468.415 Sexual misconduct in the operation of a talent
  447  agency.—The talent agent-artist relationship is founded on
  448  mutual trust. Sexual misconduct in the operation of a talent
  449  agency means violation of the talent agent-artist relationship
  450  through which the talent agent uses the relationship to induce
  451  or attempt to induce the artist to engage or attempt to engage
  452  in sexual activity. Sexual misconduct is prohibited in the
  453  operation of a talent agency. If Any agent, owner, or operator
  454  of a licensed talent agency who commits is found to have
  455  committed sexual misconduct in the operation of a talent agency,
  456  the agency license shall be permanently revoked. Such agent,
  457  owner, or operator shall be permanently prohibited from acting
  458  disqualified from present and future licensure as an agent,
  459  owner, or operator of a Florida talent agency.
  460         Section 24. Section 468.451, Florida Statutes, is amended
  461  to read:
  462         468.451 Legislative findings and intent.—The Legislature
  463  finds that dishonest or unscrupulous practices by agents who
  464  solicit representation of student athletes can cause significant
  465  harm to student athletes and the academic institutions for which
  466  they play. It is the intent of the Legislature to provide civil
  467  and criminal causes of action against athlete agents to protect
  468  the interests of student athletes and academic institutions by
  469  regulating the activities of athlete agents.
  470         Section 25. Subsections (4) through (7) of section 468.452,
  471  Florida Statutes, are reordered and amended to read:
  472         468.452 Definitions.—For purposes of this part, the term:
  473         (4) “Department” means the Department of Business and
  474  Professional Regulation.
  475         (6)(5) “Student athlete” means any student who:
  476         (a) Resides in Florida, has informed, in writing, a college
  477  or university of the student’s intent to participate in that
  478  school’s intercollegiate athletics, or who does participate in
  479  that school’s intercollegiate athletics and is eligible to do
  480  so; or
  481         (b) Does not reside in Florida, but has informed, in
  482  writing, a college or university in Florida of the student’s
  483  intent to participate in that school’s intercollegiate
  484  athletics, or who does participate in that school’s
  485  intercollegiate athletics and is eligible to do so.
  486         (4)(6) “Financial services” means the counseling on or the
  487  making or execution of investment and other financial decisions
  488  by the agent on behalf of the student athlete.
  489         (5)(7) “Participation” means practicing, competing, or
  490  otherwise representing a college or university in
  491  intercollegiate athletics.
  492         Section 26. Section 468.453, Florida Statutes, is repealed.
  493         Section 27. Section 468.4536, Florida Statutes, is
  494  repealed.
  495         Section 28. Subsections (2) and (12) of section 468.454,
  496  Florida Statutes, are amended to read:
  497         468.454 Contracts.—
  498         (2) An agent contract must state:
  499         (a) The amount and method of calculating the consideration
  500  to be paid by the student athlete for services to be provided by
  501  the athlete agent and any other consideration the agent has
  502  received or will receive from any other source under the
  503  contract;
  504         (b) The name of any person not listed in the licensure
  505  application who will be compensated because the student athlete
  506  signed the agent contract;
  507         (c) A description of any expenses that the student athlete
  508  agrees to reimburse;
  509         (d) A description of the services to be provided to the
  510  student athlete;
  511         (e) The duration of the contract; and
  512         (f) The date of execution.
  513         (12) An agent contract between a student athlete and a
  514  person not licensed under this part is void and unenforceable.
  515         Section 29. Section 468.456, Florida Statutes, is repealed.
  516         Section 30. Section 468.4561, Florida Statutes, is
  517  repealed.
  518         Section 31. Section 468.45615, Florida Statutes, is amended
  519  to read:
  520         468.45615 Provision of illegal inducements to athletes
  521  prohibited; penalties; license suspension.—
  522         (1) A Any person who offers anything of value to another
  523  person to induce a student athlete to enter into an agreement by
  524  which the athlete agent will represent the student athlete
  525  commits violates s. 468.456(1)(f) is guilty of a felony of the
  526  second degree, punishable as provided in s. 775.082, s. 775.083,
  527  s. 775.084, s. 775.089, or s. 775.091. Negotiations regarding an
  528  athlete agent’s fee are not considered an inducement.
  529         (2)(a) Regardless of whether adjudication is withheld, any
  530  person convicted or found guilty of, or entering a plea of nolo
  531  contendere to, the violation described in subsection (1) may
  532  shall not employ, utilize, or otherwise collaborate with an a
  533  licensed or unlicensed athlete agent in Florida to illegally
  534  recruit or solicit student athletes. Any person who violates the
  535  provisions of this subsection is guilty of a felony of the
  536  second degree, punishable as provided in s. 775.082, s. 775.083,
  537  s. 775.084, s. 775.089, or s. 775.091.
  538         (b) Regardless of whether adjudication is withheld, any
  539  person who knowingly actively assists in the illegal recruitment
  540  or solicitation of student athletes for a person who has been
  541  convicted or found guilty of, or entered a plea of nolo
  542  contendere to, a violation of this section is guilty of a felony
  543  of the second degree, punishable as provided in s. 775.082, s.
  544  775.083, s. 775.084, s. 775.089, or s. 775.091.
  545         (3) In addition to any other penalties provided in this
  546  section, the court may suspend the license of the person pending
  547  the outcome of any administrative action against the person by
  548  the department.
  549         (3)(4)(a) An athlete agent, with the intent to induce a
  550  student athlete to enter into an agent contract, may not:
  551         1. Give any materially false or misleading information or
  552  make a materially false promise or representation;
  553         2. Furnish anything of value to a student athlete before
  554  the student athlete enters into the agent contract; or
  555         3. Furnish anything of value to any individual other than
  556  the student athlete or another athlete agent.
  557         (b) An athlete agent may not intentionally:
  558         1. Initiate contact with a student athlete unless licensed
  559  under this part;
  560         2. Refuse or fail to retain or permit inspection of the
  561  records required to be retained by s. 468.4565;
  562         3. Provide materially false or misleading information in an
  563  application for licensure;
  564         2.4. Predate or postdate an agent contract;
  565         3.5. Fail to give notice of the existence of an agent
  566  contract as required by s. 468.454(6); or
  567         4.6. Fail to notify a student athlete before the student
  568  athlete signs or otherwise authenticates an agent contract for a
  569  sport that the signing or authentication may make the student
  570  athlete ineligible to participate as a student athlete in that
  571  sport.
  572         (c) An athlete agent who violates this subsection commits a
  573  felony of the second degree, punishable as provided in s.
  574  775.082, s. 775.083, or s. 775.084.
  575         Section 32. Section 468.4565, Florida Statutes, is amended
  576  to read:
  577         468.4565 Business records requirement.—
  578         (1) An athlete agent shall establish and maintain complete
  579  financial and business records. The athlete agent shall save
  580  each entry into a financial or business record for at least 5
  581  years after from the date of entry. These records must include:
  582         (1)(a) The name and address of each individual represented
  583  by the athlete agent;
  584         (2)(b) Any agent contract entered into by the athlete
  585  agent; and
  586         (3)(c) Any direct costs incurred by the athlete agent in
  587  the recruitment or solicitation of a student athlete to enter
  588  into an agent contract.
  589         (2) The department shall have access to and shall have the
  590  right to inspect and examine the financial or business records
  591  of an athlete agent during normal business hours. Refusal or
  592  failure of an athlete agent to provide the department access to
  593  financial and business records shall be the basis for
  594  disciplinary action by the department pursuant to s. 455.225.
  595  The department may exercise its subpoena powers to obtain the
  596  financial and business records of an athlete agent.
  597         Section 33. Section 468.457, Florida Statutes, is repealed.
  598         Section 34. Paragraphs (a) and (e) of subsection (2),
  599  subsection (3), paragraph (b) of subsection (4), and subsection
  600  (6) of section 469.006, Florida Statutes, are amended to read:
  601         469.006 Licensure of business organizations; qualifying
  602  agents.—
  603         (2)(a) If the applicant proposes to engage in consulting or
  604  contracting as a partnership, corporation, business trust, or
  605  other legal entity, or in any name other than the applicant’s
  606  legal name, the legal entity must apply for licensure through a
  607  qualifying agent or the individual applicant must apply for
  608  licensure under the name of the business organization fictitious
  609  name.
  610         (e) A The license, when issued upon application of a
  611  business organization, must be in the name of the qualifying
  612  agent business organization, and the name of the business
  613  organization qualifying agent must be noted on the license
  614  thereon. If there is a change in any information that is
  615  required to be stated on the application, the qualifying agent
  616  business organization shall, within 45 days after such change
  617  occurs, mail the correct information to the department.
  618         (3) The qualifying agent must shall be licensed under this
  619  chapter in order for the business organization to be qualified
  620  licensed in the category of the business conducted for which the
  621  qualifying agent is licensed. If any qualifying agent ceases to
  622  be affiliated with such business organization, the agent shall
  623  so inform the department. In addition, if such qualifying agent
  624  is the only licensed individual affiliated with the business
  625  organization, the business organization shall notify the
  626  department of the termination of the qualifying agent and has
  627  shall have 60 days after from the date of termination of the
  628  qualifying agent’s affiliation with the business organization in
  629  which to employ another qualifying agent. The business
  630  organization may not engage in consulting or contracting until a
  631  qualifying agent is employed, unless the department has granted
  632  a temporary nonrenewable license to the financially responsible
  633  officer, the president, the sole proprietor, a partner, or, in
  634  the case of a limited partnership, the general partner, who
  635  assumes all responsibilities of a primary qualifying agent for
  636  the entity. This temporary license only allows shall only allow
  637  the entity to proceed with incomplete contracts.
  638         (4)
  639         (b) Upon a favorable determination by the department, after
  640  investigation of the financial responsibility, credit, and
  641  business reputation of the qualifying agent and the new business
  642  organization, the department shall issue, without any
  643  examination, a new license in the qualifying agent’s business
  644  organization’s name, and the name of the business organization
  645  qualifying agent shall be noted thereon.
  646         (6) Each qualifying agent shall pay the department an
  647  amount equal to the original fee for licensure of a new business
  648  organization. if the qualifying agent for a business
  649  organization desires to qualify additional business
  650  organizations., The department shall require the agent to
  651  present evidence of supervisory ability and financial
  652  responsibility of each such organization. Allowing a licensee to
  653  qualify more than one business organization must shall be
  654  conditioned upon the licensee showing that the licensee has both
  655  the capacity and intent to adequately supervise each business
  656  organization. The department may shall not limit the number of
  657  business organizations that which the licensee may qualify
  658  except upon the licensee’s failure to provide such information
  659  as is required under this subsection or upon a finding that the
  660  such information or evidence as is supplied is incomplete or
  661  unpersuasive in showing the licensee’s capacity and intent to
  662  comply with the requirements of this subsection. A qualification
  663  for an additional business organization may be revoked or
  664  suspended upon a finding by the department that the licensee has
  665  failed in the licensee’s responsibility to adequately supervise
  666  the operations of the business organization. Failure to
  667  adequately supervise the operations of a business organization
  668  is shall be grounds for denial to qualify additional business
  669  organizations.
  670         Section 35. Subsection (1) of section 469.009, Florida
  671  Statutes, is amended to read:
  672         469.009 License revocation, suspension, and denial of
  673  issuance or renewal.—
  674         (1) The department may revoke, suspend, or deny the
  675  issuance or renewal of a license; reprimand, censure, or place
  676  on probation any contractor, consultant, or financially
  677  responsible officer, or business organization; require financial
  678  restitution to a consumer; impose an administrative fine not to
  679  exceed $5,000 per violation; require continuing education; or
  680  assess costs associated with any investigation and prosecution
  681  if the contractor or consultant, or business organization or
  682  officer or agent thereof, is found guilty of any of the
  683  following acts:
  684         (a) Willfully or deliberately disregarding or violating the
  685  health and safety standards of the Occupational Safety and
  686  Health Act of 1970, the Construction Safety Act, the National
  687  Emission Standards for Asbestos, the Environmental Protection
  688  Agency Asbestos Abatement Projects Worker Protection Rule, the
  689  Florida Statutes or rules promulgated thereunder, or any
  690  ordinance enacted by a political subdivision of this state.
  691         (b) Violating any provision of chapter 455.
  692         (c) Failing in any material respect to comply with the
  693  provisions of this chapter or any rule promulgated hereunder.
  694         (d) Acting in the capacity of an asbestos contractor or
  695  asbestos consultant under any license issued under this chapter
  696  except in the name of the licensee as set forth on the issued
  697  license.
  698         (e) Proceeding on any job without obtaining all applicable
  699  approvals, authorizations, permits, and inspections.
  700         (f) Obtaining a license by fraud or misrepresentation.
  701         (g) Being convicted or found guilty of, or entering a plea
  702  of nolo contendere to, regardless of adjudication, a crime in
  703  any jurisdiction which directly relates to the practice of
  704  asbestos consulting or contracting or the ability to practice
  705  asbestos consulting or contracting.
  706         (h) Knowingly violating any building code, lifesafety code,
  707  or county or municipal ordinance relating to the practice of
  708  asbestos consulting or contracting.
  709         (i) Performing any act which assists a person or entity in
  710  engaging in the prohibited unlicensed practice of asbestos
  711  consulting or contracting, if the licensee knows or has
  712  reasonable grounds to know that the person or entity was
  713  unlicensed.
  714         (j) Committing mismanagement or misconduct in the practice
  715  of contracting that causes financial harm to a customer.
  716  Financial mismanagement or misconduct occurs when:
  717         1. Valid liens have been recorded against the property of a
  718  contractor’s customer for supplies or services ordered by the
  719  contractor for the customer’s job; the contractor has received
  720  funds from the customer to pay for the supplies or services; and
  721  the contractor has not had the liens removed from the property,
  722  by payment or by bond, within 75 days after the date of such
  723  liens;
  724         2. The contractor has abandoned a customer’s job and the
  725  percentage of completion is less than the percentage of the
  726  total contract price paid to the contractor as of the time of
  727  abandonment, unless the contractor is entitled to retain such
  728  funds under the terms of the contract or refunds the excess
  729  funds within 30 days after the date the job is abandoned; or
  730         3. The contractor’s job has been completed, and it is shown
  731  that the customer has had to pay more for the contracted job
  732  than the original contract price, as adjusted for subsequent
  733  change orders, unless such increase in cost was the result of
  734  circumstances beyond the control of the contractor, was the
  735  result of circumstances caused by the customer, or was otherwise
  736  permitted by the terms of the contract between the contractor
  737  and the customer.
  738         (k) Being disciplined by any municipality or county for an
  739  act or violation of this chapter.
  740         (l) Failing in any material respect to comply with the
  741  provisions of this chapter, or violating a rule or lawful order
  742  of the department.
  743         (m) Abandoning an asbestos abatement project in which the
  744  asbestos contractor is engaged or under contract as a
  745  contractor. A project may be presumed abandoned after 20 days if
  746  the contractor terminates the project without just cause and
  747  without proper notification to the owner, including the reason
  748  for termination; if the contractor fails to reasonably secure
  749  the project to safeguard the public while work is stopped; or if
  750  the contractor fails to perform work without just cause for 20
  751  days.
  752         (n) Signing a statement with respect to a project or
  753  contract falsely indicating that the work is bonded; falsely
  754  indicating that payment has been made for all subcontracted
  755  work, labor, and materials which results in a financial loss to
  756  the owner, purchaser, or contractor; or falsely indicating that
  757  workers’ compensation and public liability insurance are
  758  provided.
  759         (o) Committing fraud or deceit in the practice of asbestos
  760  consulting or contracting.
  761         (p) Committing incompetency or misconduct in the practice
  762  of asbestos consulting or contracting.
  763         (q) Committing gross negligence, repeated negligence, or
  764  negligence resulting in a significant danger to life or property
  765  in the practice of asbestos consulting or contracting.
  766         (r) Intimidating, threatening, coercing, or otherwise
  767  discouraging the service of a notice to owner under part I of
  768  chapter 713 or a notice to contractor under chapter 255 or part
  769  I of chapter 713.
  770         (s) Failing to satisfy, within a reasonable time, the terms
  771  of a civil judgment obtained against the licensee, or the
  772  business organization qualified by the licensee, relating to the
  773  practice of the licensee’s profession.
  775  For the purposes of this subsection, construction is considered
  776  to be commenced when the contract is executed and the contractor
  777  has accepted funds from the customer or lender.
  778         Section 36. Subsection (7) is added to section 477.0135,
  779  Florida Statutes, to read:
  780         477.0135 Exemptions.—
  781         (7) A license or registration is not required for a person
  782  whose occupation or practice is confined solely to adding polish
  783  to fingernails and toenails.
  784         Section 37. Subsection (5) of section 481.203, Florida
  785  Statutes, is amended to read:
  786         481.203 Definitions.—As used in this part:
  787         (5) “Business organization” means a partnership, a limited
  788  liability company, a corporation, or an individual operating
  789  under a fictitious name “Certificate of authorization” means a
  790  certificate issued by the department to a corporation or
  791  partnership to practice architecture or interior design.
  792         Section 38. Section 481.219, Florida Statutes, is amended
  793  to read:
  794         481.219 Business organization; qualifying agents
  795  Certification of partnerships, limited liability companies, and
  796  corporations.—
  797         (1) A licensee may The practice of or the offer to practice
  798  architecture or interior design by licensees through a business
  799  organization that offers corporation, limited liability company,
  800  or partnership offering architectural or interior design
  801  services to the public, or through by a business organization
  802  that offers corporation, limited liability company, or
  803  partnership offering architectural or interior design services
  804  to the public through such licensees under this part as agents,
  805  employees, officers, or partners, is permitted, subject to the
  806  provisions of this section.
  807         (2) If a licensee or an applicant proposes to engage in the
  808  practice of architecture or interior design as a business
  809  organization, the licensee or applicant must apply to qualify
  810  the business organization For the purposes of this section, a
  811  certificate of authorization shall be required for a
  812  corporation, limited liability company, partnership, or person
  813  practicing under a fictitious name, offering architectural
  814  services to the public jointly or separately. However, when an
  815  individual is practicing architecture in her or his own name,
  816  she or he shall not be required to be certified under this
  817  section. Certification under this subsection to offer
  818  architectural services shall include all the rights and
  819  privileges of certification under subsection (3) to offer
  820  interior design services.
  821         (a) An application to qualify a business organization must:
  822         1.If the business is a partnership, state the names of the
  823  partnership and its partners.
  824         2.If the business is a corporation, state the names of the
  825  corporation and its officers and directors and the name of each
  826  of its stockholders who is also an officer or a director.
  827         3.If the business is operating under a fictitious name,
  828  state the fictitious name under which it is doing business.
  829         4.If the business is not a partnership, a corporation, or
  830  operating under a fictitious name, state the name of such other
  831  legal entity and its members.
  832         (b) The board may deny an application to qualify a business
  833  organization if the applicant or any person required to be named
  834  pursuant to paragraph (a) has been involved in past disciplinary
  835  actions or on any grounds for which an individual registration
  836  or certification may be denied.
  837         (3)(a) A business organization may not engage in the
  838  practice of architecture unless its qualifying agent is a
  839  registered architect under this part. A business organization
  840  may not engage in the practice of interior design unless its
  841  qualifying agent is a registered architect or a registered
  842  interior designer under this part. A qualifying agent who
  843  terminates her or his affiliation with a business organization
  844  shall immediately notify the department of such termination. If
  845  the qualifying agent who terminates her or his affiliation is
  846  the only qualifying agent for a business organization, the
  847  business organization must be qualified by another qualifying
  848  agent within 60 days after the termination. Except as provided
  849  in paragraph (b), such a business organization may not engage in
  850  the practice of architecture or interior design until it is
  851  qualified by a qualifying agent.
  852         (b) In the event a qualifying architect or interior
  853  designer ceases employment with the business organization, the
  854  executive director or the chair of the board may authorize
  855  another registered architect or interior designer employed by
  856  the business organization to temporarily serve as its qualifying
  857  agent for a period of no more than 60 days. The business
  858  organization is not authorized to operate beyond such period
  859  under this chapter absent replacement of the qualifying
  860  architect or interior designer who has ceased employment.
  861         (c) A qualifying agent shall notify the department in
  862  writing before engaging in the practice of architecture or
  863  interior design in her or his own name or in affiliation with a
  864  different business organization, and she or he or such business
  865  organization shall supply the same information to the department
  866  as required of applicants under this part For the purposes of
  867  this section, a certificate of authorization shall be required
  868  for a corporation, limited liability company, partnership, or
  869  person operating under a fictitious name, offering interior
  870  design services to the public jointly or separately. However,
  871  when an individual is practicing interior design in her or his
  872  own name, she or he shall not be required to be certified under
  873  this section.
  874         (4) All final construction documents and instruments of
  875  service which include drawings, specifications, plans, reports,
  876  or other papers or documents that involve involving the practice
  877  of architecture which are prepared or approved for the use of
  878  the business organization corporation, limited liability
  879  company, or partnership and filed for public record within the
  880  state must shall bear the signature and seal of the licensee who
  881  prepared or approved them and the date on which they were
  882  sealed.
  883         (5) All drawings, specifications, plans, reports, or other
  884  papers or documents prepared or approved for the use of the
  885  business organization corporation, limited liability company, or
  886  partnership by an interior designer in her or his professional
  887  capacity and filed for public record within the state must shall
  888  bear the signature and seal of the licensee who prepared or
  889  approved them and the date on which they were sealed.
  890         (6) The department shall issue a certificate of
  891  authorization to any applicant who the board certifies as
  892  qualified for a certificate of authorization and who has paid
  893  the fee set in s. 481.207.
  894         (6)(7) The board shall allow certify an applicant to
  895  qualify one or more business organizations as qualified for a
  896  certificate of authorization to offer architectural or interior
  897  design services, or to use a fictitious name to offer such
  898  services, if one of the following criteria is met provided that:
  899         (a) One or more of the principal officers of the
  900  corporation or limited liability company, or one or more
  901  partners of the partnership, and all personnel of the
  902  corporation, limited liability company, or partnership who act
  903  in its behalf in this state as architects, are registered as
  904  provided by this part.; or
  905         (b) One or more of the principal officers of the
  906  corporation or one or more partners of the partnership, and all
  907  personnel of the corporation, limited liability company, or
  908  partnership who act in its behalf in this state as interior
  909  designers, are registered as provided by this part.
  910         (8) The department shall adopt rules establishing a
  911  procedure for the biennial renewal of certificates of
  912  authorization.
  913         (9) The department shall renew a certificate of
  914  authorization upon receipt of the renewal application and
  915  biennial renewal fee.
  916         (7)(10) Each qualifying agent approved to qualify a
  917  business organization partnership, limited liability company,
  918  and corporation certified under this section shall notify the
  919  department within 30 days of any change in the information
  920  contained in the application upon which the qualification
  921  certification is based. Any registered architect or interior
  922  designer who qualifies the business organization shall ensure
  923  corporation, limited liability company, or partnership as
  924  provided in subsection (7) shall be responsible for ensuring
  925  responsible supervising control of projects of the business
  926  organization entity and upon termination of her or his
  927  employment with a business organization qualified partnership,
  928  limited liability company, or corporation certified under this
  929  section shall notify the department of the termination within 30
  930  days.
  931         (8)(11)A business organization is not No corporation,
  932  limited liability company, or partnership shall be relieved of
  933  responsibility for the conduct or acts of its agents, employees,
  934  or officers by reason of its compliance with this section.
  935  However, except as provided in s. 558.0035, the architect who
  936  signs and seals the construction documents and instruments of
  937  service is shall be liable for the professional services
  938  performed, and the interior designer who signs and seals the
  939  interior design drawings, plans, or specifications is shall be
  940  liable for the professional services performed.
  941         (12) Disciplinary action against a corporation, limited
  942  liability company, or partnership shall be administered in the
  943  same manner and on the same grounds as disciplinary action
  944  against a registered architect or interior designer,
  945  respectively.
  946         (9)(13)Nothing in This section may not shall be construed
  947  to mean that a certificate of registration to practice
  948  architecture or interior design must shall be held by a business
  949  organization corporation, limited liability company, or
  950  partnership. Nothing in This section does not prohibit a
  951  business organization from offering prohibits corporations,
  952  limited liability companies, and partnerships from joining
  953  together to offer architectural, engineering, interior design,
  954  surveying and mapping, and landscape architectural services, or
  955  any combination of such services, to the public if the business
  956  organization, provided that each corporation, limited liability
  957  company, or partnership otherwise meets the requirements of law.
  958         (10)(14)A business organization that is qualified by a
  959  registered architect may Corporations, limited liability
  960  companies, or partnerships holding a valid certificate of
  961  authorization to practice architecture shall be permitted to use
  962  in their title the term “interior designer” or “registered
  963  interior designer” in its title. designer.
  964         Section 39. Subsection (10) of section 481.221, Florida
  965  Statutes, is amended to read:
  966         481.221 Seals; display of certificate number.—
  967         (10) Each registered architect or interior designer, and
  968  each corporation, limited liability company, or partnership
  969  holding a certificate of authorization, shall must include her
  970  or his license its certificate number in any newspaper,
  971  telephone directory, or other advertising medium used by the
  972  registered licensee architect, interior designer, corporation,
  973  limited liability company, or partnership. Each business
  974  organization must include the license number of the registered
  975  architect or interior designer who serves as the qualifying
  976  agent for that business organization in any newspaper, telephone
  977  directory, or other advertising medium used by the business
  978  organization, but is not required to display the license numbers
  979  of other registered architects or interior designers employed by
  980  the business organization A corporation, limited liability
  981  company, or partnership is not required to display the
  982  certificate number of individual registered architects or
  983  interior designers employed by or working within the
  984  corporation, limited liability company, or partnership.
  986         Section 40. Paragraphs (a) and (c) of subsection (5) of
  987  section 481.229, Florida Statutes, are amended to read:
  988         481.229 Exceptions; exemptions from licensure.—
  989         (5)(a) Nothing contained in This part does not prohibit
  990  shall prevent a registered architect or a qualified business
  991  organization partnership, limited liability company, or
  992  corporation holding a valid certificate of authorization to
  993  provide architectural services from performing any interior
  994  design service or from using the title “interior designer” or
  995  “registered interior designer.”
  996         (c) Notwithstanding any other provision of this part, a
  997  registered architect or qualified business organization
  998  certified any corporation, partnership, or person operating
  999  under a fictitious name which holds a certificate of
 1000  authorization to provide architectural services must shall be
 1001  qualified, without fee, for a certificate of authorization to
 1002  provide interior design services upon submission of a completed
 1003  application for qualification therefor. For corporations,
 1004  partnerships, and persons operating under a fictitious name
 1005  which hold a certificate of authorization to provide interior
 1006  design services, satisfaction of the requirements for renewal of
 1007  the certificate of authorization to provide architectural
 1008  services under s. 481.219 shall be deemed to satisfy the
 1009  requirements for renewal of the certificate of authorization to
 1010  provide interior design services under that section.
 1011         Section 41. Section 481.303, Florida Statutes, is reordered
 1012  and amended to read:
 1013         481.303 Definitions.—As used in this chapter, the term:
 1014         (1) “Board” means the Board of Landscape Architecture.
 1015         (3)(2) “Department” means the Department of Business and
 1016  Professional Regulation.
 1017         (6)(3) “Registered landscape architect” means a person who
 1018  holds a license to practice landscape architecture in this state
 1019  under the authority of this act.
 1020         (2)(4) “Certificate of registration” means a license issued
 1021  by the department to a natural person to engage in the practice
 1022  of landscape architecture.
 1023         (5) “Certificate of authorization” means a license issued
 1024  by the department to a corporation or partnership to engage in
 1025  the practice of landscape architecture.
 1026         (4)(6) “Landscape architecture” means professional
 1027  services, including, but not limited to, the following:
 1028         (a) Consultation, investigation, research, planning,
 1029  design, preparation of drawings, specifications, contract
 1030  documents and reports, responsible construction supervision, or
 1031  landscape management in connection with the planning and
 1032  development of land and incidental water areas, including the
 1033  use of Florida-friendly landscaping as defined in s. 373.185,
 1034  where, and to the extent that, the dominant purpose of such
 1035  services or creative works is the preservation, conservation,
 1036  enhancement, or determination of proper land uses, natural land
 1037  features, ground cover and plantings, or naturalistic and
 1038  aesthetic values;
 1039         (b) The determination of settings, grounds, and approaches
 1040  for and the siting of buildings and structures, outdoor areas,
 1041  or other improvements;
 1042         (c) The setting of grades, shaping and contouring of land
 1043  and water forms, determination of drainage, and provision for
 1044  storm drainage and irrigation systems where such systems are
 1045  necessary to the purposes outlined herein; and
 1046         (d) The design of such tangible objects and features as are
 1047  necessary to the purpose outlined herein.
 1048         (5)(7) “Landscape design” means consultation for and
 1049  preparation of planting plans drawn for compensation, including
 1050  specifications and installation details for plant materials,
 1051  soil amendments, mulches, edging, gravel, and other similar
 1052  materials. Such plans may include only recommendations for the
 1053  conceptual placement of tangible objects for landscape design
 1054  projects. Construction documents, details, and specifications
 1055  for tangible objects and irrigation systems shall be designed or
 1056  approved by licensed professionals as required by law.
 1057         Section 42. Subsection (5) of section 481.321, Florida
 1058  Statutes, is amended to read:
 1059         481.321 Seals; display of certificate number.—
 1060         (5) Each registered landscape architect must and each
 1061  corporation or partnership holding a certificate of
 1062  authorization shall include her or his its certificate number in
 1063  any newspaper, telephone directory, or other advertising medium
 1064  used by the registered landscape architect, corporation, or
 1065  partnership. A corporation or partnership must is not required
 1066  to display the certificate number numbers of at least one
 1067  officer, director, owner, or partner who is a individual
 1068  registered landscape architect architects employed by or
 1069  practicing with the corporation or partnership.
 1070         Section 43. Subsection (4) of section 481.311, Florida
 1071  Statutes, is amended to read:
 1072         481.311 Licensure.—
 1073         (4) The board shall certify as qualified for a certificate
 1074  of authorization any applicant corporation or partnership who
 1075  satisfies the requirements of s. 481.319.
 1076         Section 44. Subsection (2) of section 481.317, Florida
 1077  Statutes, is amended to read:
 1078         481.317 Temporary certificates.—
 1079         (2) Upon approval by the board and payment of the fee set
 1080  in s. 481.307, the department shall grant a temporary
 1081  certificate of authorization for work on one specified project
 1082  in this state for a period not to exceed 1 year to an out-of
 1083  state corporation, partnership, or firm, provided one of the
 1084  principal officers of the corporation, one of the partners of
 1085  the partnership, or one of the principals in the fictitiously
 1086  named firm has obtained a temporary certificate of registration
 1087  in accordance with subsection (1).
 1088         Section 45. Section 481.319, Florida Statutes, is amended
 1089  to read:
 1090         481.319 Corporate and partnership practice of landscape
 1091  architecture; certificate of authorization.—
 1092         (1) The practice of or offer to practice landscape
 1093  architecture by registered landscape architects registered under
 1094  this part through a corporation or partnership offering
 1095  landscape architectural services to the public, or through a
 1096  corporation or partnership offering landscape architectural
 1097  services to the public through individual registered landscape
 1098  architects as agents, employees, officers, or partners, is
 1099  permitted, subject to the provisions of this section, if:
 1100         (a) One or more of the principal officers of the
 1101  corporation, or partners of the partnership, and all personnel
 1102  of the corporation or partnership who act in its behalf as
 1103  landscape architects in this state are registered landscape
 1104  architects; and
 1105         (b) One or more of the officers, one or more of the
 1106  directors, one or more of the owners of the corporation, or one
 1107  or more of the partners of the partnership is a registered
 1108  landscape architect; and
 1109         (c) The corporation or partnership has been issued a
 1110  certificate of authorization by the board as provided herein.
 1111         (2) All documents involving the practice of landscape
 1112  architecture which are prepared for the use of the corporation
 1113  or partnership shall bear the signature and seal of a registered
 1114  landscape architect.
 1115         (3) A landscape architect applying to practice in the name
 1116  of a An applicant corporation must shall file with the
 1117  department the names and addresses of all officers and board
 1118  members of the corporation, including the principal officer or
 1119  officers, duly registered to practice landscape architecture in
 1120  this state and, also, of all individuals duly registered to
 1121  practice landscape architecture in this state who shall be in
 1122  responsible charge of the practice of landscape architecture by
 1123  the corporation in this state. A landscape architect applying to
 1124  practice in the name of a An applicant partnership must shall
 1125  file with the department the names and addresses of all partners
 1126  of the partnership, including the partner or partners duly
 1127  registered to practice landscape architecture in this state and,
 1128  also, of an individual or individuals duly registered to
 1129  practice landscape architecture in this state who shall be in
 1130  responsible charge of the practice of landscape architecture by
 1131  said partnership in this state.
 1132         (4) Each landscape architect qualifying a partnership or
 1133  and corporation licensed under this part must shall notify the
 1134  department within 1 month of any change in the information
 1135  contained in the application upon which the license is based.
 1136  Any landscape architect who terminates her or his or her
 1137  employment with a partnership or corporation licensed under this
 1138  part shall notify the department of the termination within 1
 1139  month.
 1140         (5) Disciplinary action against a corporation or
 1141  partnership shall be administered in the same manner and on the
 1142  same grounds as disciplinary action against a registered
 1143  landscape architect.
 1144         (6) Except as provided in s. 558.0035, the fact that a
 1145  registered landscape architect practices landscape architecture
 1146  through a corporation or partnership as provided in this section
 1147  does not relieve the landscape architect from personal liability
 1148  for her or his or her professional acts.
 1149         Section 46. Subsection (5) of section 481.329, Florida
 1150  Statutes, is amended to read:
 1151         481.329 Exceptions; exemptions from licensure.—
 1152         (5) This part does not prohibit any person from engaging in
 1153  the practice of landscape design, as defined in s. 481.303(5) s.
 1154  481.303(7), or from submitting for approval to a governmental
 1155  agency planting plans that are independent of, or a component
 1156  of, construction documents that are prepared by a Florida
 1157  registered professional. Persons providing landscape design
 1158  services shall not use the title, term, or designation
 1159  “landscape architect,” “landscape architectural,” “landscape
 1160  architecture,” “L.A.,” “landscape engineering,” or any
 1161  description tending to convey the impression that she or he is a
 1162  landscape architect unless she or he is registered as provided
 1163  in this part.
 1164         Section 47. Subsection (14) of section 489.503, Florida
 1165  Statutes, is amended, and subsection (24) is added to that
 1166  section, to read:
 1167         489.503 Exemptions.—This part does not apply to:
 1168         (14) The sale of, installation of, repair of, alteration
 1169  of, addition to, or design of electrical wiring, fixtures,
 1170  appliances, thermostats, apparatus, raceways, computers,
 1171  customer premises equipment, customer premises wiring, and
 1172  conduit, or any part thereof, by an employee, contractor,
 1173  subcontractor, or affiliate of a company operating under a
 1174  certificate issued under chapter 364 or chapter 610, or under a
 1175  local franchise or right-of-way agreement, if those items are
 1176  for the purpose of transmitting data, voice, video, or other
 1177  communications, or commands as part of a cable television,
 1178  community antenna television, radio distribution,
 1179  communications, or telecommunications system. An employee,
 1180  subcontractor, contractor, or affiliate of a company that
 1181  operates under a certificate issued under chapter 364 or chapter
 1182  610, or under a local franchise or right-of-way agreement, is
 1183  not subject to any local ordinance that requires a permit for
 1184  work related to low-voltage electrical work, including related
 1185  technical codes, regulations, and licensure. The scope of this
 1186  exemption is limited to electrical circuits and equipment
 1187  governed by the applicable provisions of Articles 725 (Classes 2
 1188  and 3 circuits only), 770, 800, 810, and 820 of the National
 1189  Electrical Code, current edition, or 47 C.F.R. part 68, and
 1190  employees, contractors, and subcontractors of companies, and
 1191  affiliates thereof, operating under a certificate issued under
 1192  chapter 364 or chapter 610 or under a local franchise or right
 1193  of-way agreement. This subsection does not relieve any person
 1194  from licensure as an alarm system contractor.
 1195         (24) A person who installs low-voltage landscape lighting
 1196  that contains a factory-installed electrical cord with a plug
 1197  and does not require installation, wiring, or a modification to
 1198  the electrical wiring in a structure.
 1199         Section 48. Present paragraphs (a) through (e) of
 1200  subsection (2) of section 489.518, Florida Statutes, are
 1201  redesignated as paragraphs (b) through (f), respectively, and a
 1202  new paragraph (a) is added to that subsection, to read:
 1203         489.518 Alarm system agents.—
 1204         (2)(a) A person who performs only sales or installations of
 1205  wireless alarm systems, other than fire alarm systems, in a
 1206  single-family residence is not required to complete the initial
 1207  training required for burglar alarm system agents.
 1208         Section 49. This act shall take effect July 1, 2016.