Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for HB 7047
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/3R .
05/03/2017 04:40 PM .
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Senator Passidomo moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (h) of subsection (2) of section
6 287.055, Florida Statutes, is amended to read:
7 287.055 Acquisition of professional architectural,
8 engineering, landscape architectural, or surveying and mapping
9 services; definitions; procedures; contingent fees prohibited;
10 penalties.—
11 (2) DEFINITIONS.—For purposes of this section:
12 (h) A “design-build firm” means a partnership, corporation,
13 or other legal entity that:
14 1. Is certified under s. 489.119 to engage in contracting
15 through a certified or registered general contractor or a
16 certified or registered building contractor as the qualifying
17 agent; or
18 2. Is certified under s. 471.023 to practice or to offer to
19 practice engineering; qualified certified under s. 481.219 to
20 practice or to offer to practice architecture; or qualified
21 certified under s. 481.319 to practice or to offer to practice
22 landscape architecture.
23 Section 2. Subsection (13) of section 326.004, Florida
24 Statutes, is amended to read:
25 326.004 Licensing.—
26 (13) Each broker must maintain a principal place of
27 business in this state and may establish branch offices in the
28 state. A separate license must be maintained for each branch
29 office. The division shall establish by rule a fee not to exceed
30 $100 for each branch office license.
31 Section 3. Subsection (3) of section 447.02, Florida
32 Statutes, is amended to read:
33 447.02 Definitions.—The following terms, when used in this
34 chapter, shall have the meanings ascribed to them in this
35 section:
36 (3) The term “department” means the Department of Business
37 and Professional Regulation.
38 Section 4. Section 447.04, Florida Statutes, is repealed.
39 Section 5. Section 447.041, Florida Statutes, is repealed.
40 Section 6. Section 447.045, Florida Statutes, is repealed.
41 Section 7. Section 447.06, Florida Statutes, is repealed.
42 Section 8. Subsections (6) and (8) of section 447.09,
43 Florida Statutes, are amended to read:
44 447.09 Right of franchise preserved; penalties.—It shall be
45 unlawful for any person:
46 (6) To act as a business agent without having obtained and
47 possessing a valid and subsisting license or permit.
48 (8) To make any false statement in an application for a
49 license.
50 Section 9. Section 447.12, Florida Statutes, is repealed.
51 Section 10. Section 447.16, Florida Statutes, is repealed.
52 Section 11. Subsections (1) and (2) of section 468.603,
53 Florida Statutes, are amended to read:
54 468.603 Definitions.—As used in this part:
55 (1) “Building code administrator” or “building official”
56 means any of those employees of municipal or county governments,
57 or any person contracted by a municipal or county government,
58 who have with building construction regulation responsibilities
59 and who are charged with the responsibility for direct
60 regulatory administration or supervision of plan review,
61 enforcement, or inspection of building construction, erection,
62 repair, addition, remodeling, demolition, or alteration projects
63 that require permitting indicating compliance with building,
64 plumbing, mechanical, electrical, gas, fire prevention, energy,
65 accessibility, and other construction codes as required by state
66 law or municipal or county ordinance. This term is synonymous
67 with “building official” as used in the administrative chapter
68 of the Standard Building Code and the South Florida Building
69 Code. One person employed or contracted by each municipal or
70 county government as a building code administrator or building
71 official and who is so certified under this part may be
72 authorized to perform any plan review or inspection for which
73 certification is required by this part.
74 (2) “Building code inspector” means any of those employees
75 of local governments or state agencies, or any person contracted
76 by a local government or state agency, who have with building
77 construction regulation responsibilities and who themselves
78 conduct inspections of building construction, erection, repair,
79 addition, or alteration projects that require permitting
80 indicating compliance with building, plumbing, mechanical,
81 electrical, gas, fire prevention, energy, accessibility, and
82 other construction codes as required by state law or municipal
83 or county ordinance.
84 Section 12. Subsection (3) of section 468.617, Florida
85 Statutes, is amended to read:
86 468.617 Joint building code inspection department; other
87 arrangements.—
88 (3) Nothing in this part shall prohibit any county or
89 municipal government, school board, community college board,
90 state university, or state agency from entering into any
91 contract with any person or entity for the provision of building
92 code administrator, building official, or building code
93 inspection services regulated under this part, and
94 notwithstanding any other statutory provision, such county or
95 municipal governments may enter into contracts.
96 Section 13. Paragraphs (a) and (e) of subsection (2),
97 subsection (3), paragraph (b) of subsection (4), and subsection
98 (6) of section 469.006, Florida Statutes, are amended to read:
99 469.006 Licensure of business organizations; qualifying
100 agents.—
101 (2)(a) If the applicant proposes to engage in consulting or
102 contracting as a partnership, corporation, business trust, or
103 other legal entity, or in any name other than the applicant’s
104 legal name, the legal entity must apply for licensure through a
105 qualifying agent or the individual applicant must apply for
106 licensure under the name of the business organization fictitious
107 name.
108 (e) A The license, when issued upon application of a
109 business organization, must be in the name of the qualifying
110 agent business organization, and the name of the business
111 organization qualifying agent must be noted on the license
112 thereon. If there is a change in any information that is
113 required to be stated on the application, the qualifying agent
114 business organization shall, within 45 days after such change
115 occurs, mail the correct information to the department.
116 (3) The qualifying agent must shall be licensed under this
117 chapter in order for the business organization to be qualified
118 licensed in the category of the business conducted for which the
119 qualifying agent is licensed. If any qualifying agent ceases to
120 be affiliated with such business organization, the agent shall
121 so inform the department. In addition, if such qualifying agent
122 is the only licensed individual affiliated with the business
123 organization, the business organization shall notify the
124 department of the termination of the qualifying agent and has
125 shall have 60 days after from the date of termination of the
126 qualifying agent’s affiliation with the business organization in
127 which to employ another qualifying agent. The business
128 organization may not engage in consulting or contracting until a
129 qualifying agent is employed, unless the department has granted
130 a temporary nonrenewable license to the financially responsible
131 officer, the president, the sole proprietor, a partner, or, in
132 the case of a limited partnership, the general partner, who
133 assumes all responsibilities of a primary qualifying agent for
134 the entity. This temporary license only allows shall only allow
135 the entity to proceed with incomplete contracts.
136 (4)
137 (b) Upon a favorable determination by the department, after
138 investigation of the financial responsibility, credit, and
139 business reputation of the qualifying agent and the new business
140 organization, the department shall issue, without any
141 examination, a new license in the qualifying agent’s business
142 organization’s name, and the name of the business organization
143 qualifying agent shall be noted thereon.
144 (6) Each qualifying agent shall pay the department an
145 amount equal to the original fee for licensure of a new business
146 organization. if the qualifying agent for a business
147 organization desires to qualify additional business
148 organizations., The department shall require the agent to
149 present evidence of supervisory ability and financial
150 responsibility of each such organization. Allowing a licensee to
151 qualify more than one business organization must shall be
152 conditioned upon the licensee showing that the licensee has both
153 the capacity and intent to adequately supervise each business
154 organization. The department may shall not limit the number of
155 business organizations that which the licensee may qualify
156 except upon the licensee’s failure to provide such information
157 as is required under this subsection or upon a finding that the
158 such information or evidence as is supplied is incomplete or
159 unpersuasive in showing the licensee’s capacity and intent to
160 comply with the requirements of this subsection. A qualification
161 for an additional business organization may be revoked or
162 suspended upon a finding by the department that the licensee has
163 failed in the licensee’s responsibility to adequately supervise
164 the operations of the business organization. Failure to
165 adequately supervise the operations of a business organization
166 is shall be grounds for denial to qualify additional business
167 organizations.
168 Section 14. Subsection (1) of section 469.009, Florida
169 Statutes, is amended to read:
170 469.009 License revocation, suspension, and denial of
171 issuance or renewal.—
172 (1) The department may revoke, suspend, or deny the
173 issuance or renewal of a license; reprimand, censure, or place
174 on probation any contractor, consultant, or financially
175 responsible officer, or business organization; require financial
176 restitution to a consumer; impose an administrative fine not to
177 exceed $5,000 per violation; require continuing education; or
178 assess costs associated with any investigation and prosecution
179 if the contractor or consultant, or business organization or
180 officer or agent thereof, is found guilty of any of the
181 following acts:
182 (a) Willfully or deliberately disregarding or violating the
183 health and safety standards of the Occupational Safety and
184 Health Act of 1970, the Construction Safety Act, the National
185 Emission Standards for Asbestos, the Environmental Protection
186 Agency Asbestos Abatement Projects Worker Protection Rule, the
187 Florida Statutes or rules promulgated thereunder, or any
188 ordinance enacted by a political subdivision of this state.
189 (b) Violating any provision of chapter 455.
190 (c) Failing in any material respect to comply with the
191 provisions of this chapter or any rule promulgated hereunder.
192 (d) Acting in the capacity of an asbestos contractor or
193 asbestos consultant under any license issued under this chapter
194 except in the name of the licensee as set forth on the issued
195 license.
196 (e) Proceeding on any job without obtaining all applicable
197 approvals, authorizations, permits, and inspections.
198 (f) Obtaining a license by fraud or misrepresentation.
199 (g) Being convicted or found guilty of, or entering a plea
200 of nolo contendere to, regardless of adjudication, a crime in
201 any jurisdiction which directly relates to the practice of
202 asbestos consulting or contracting or the ability to practice
203 asbestos consulting or contracting.
204 (h) Knowingly violating any building code, lifesafety code,
205 or county or municipal ordinance relating to the practice of
206 asbestos consulting or contracting.
207 (i) Performing any act which assists a person or entity in
208 engaging in the prohibited unlicensed practice of asbestos
209 consulting or contracting, if the licensee knows or has
210 reasonable grounds to know that the person or entity was
211 unlicensed.
212 (j) Committing mismanagement or misconduct in the practice
213 of contracting that causes financial harm to a customer.
214 Financial mismanagement or misconduct occurs when:
215 1. Valid liens have been recorded against the property of a
216 contractor’s customer for supplies or services ordered by the
217 contractor for the customer’s job; the contractor has received
218 funds from the customer to pay for the supplies or services; and
219 the contractor has not had the liens removed from the property,
220 by payment or by bond, within 75 days after the date of such
221 liens;
222 2. The contractor has abandoned a customer’s job and the
223 percentage of completion is less than the percentage of the
224 total contract price paid to the contractor as of the time of
225 abandonment, unless the contractor is entitled to retain such
226 funds under the terms of the contract or refunds the excess
227 funds within 30 days after the date the job is abandoned; or
228 3. The contractor’s job has been completed, and it is shown
229 that the customer has had to pay more for the contracted job
230 than the original contract price, as adjusted for subsequent
231 change orders, unless such increase in cost was the result of
232 circumstances beyond the control of the contractor, was the
233 result of circumstances caused by the customer, or was otherwise
234 permitted by the terms of the contract between the contractor
235 and the customer.
236 (k) Being disciplined by any municipality or county for an
237 act or violation of this chapter.
238 (l) Failing in any material respect to comply with the
239 provisions of this chapter, or violating a rule or lawful order
240 of the department.
241 (m) Abandoning an asbestos abatement project in which the
242 asbestos contractor is engaged or under contract as a
243 contractor. A project may be presumed abandoned after 20 days if
244 the contractor terminates the project without just cause and
245 without proper notification to the owner, including the reason
246 for termination; if the contractor fails to reasonably secure
247 the project to safeguard the public while work is stopped; or if
248 the contractor fails to perform work without just cause for 20
249 days.
250 (n) Signing a statement with respect to a project or
251 contract falsely indicating that the work is bonded; falsely
252 indicating that payment has been made for all subcontracted
253 work, labor, and materials which results in a financial loss to
254 the owner, purchaser, or contractor; or falsely indicating that
255 workers’ compensation and public liability insurance are
256 provided.
257 (o) Committing fraud or deceit in the practice of asbestos
258 consulting or contracting.
259 (p) Committing incompetency or misconduct in the practice
260 of asbestos consulting or contracting.
261 (q) Committing gross negligence, repeated negligence, or
262 negligence resulting in a significant danger to life or property
263 in the practice of asbestos consulting or contracting.
264 (r) Intimidating, threatening, coercing, or otherwise
265 discouraging the service of a notice to owner under part I of
266 chapter 713 or a notice to contractor under chapter 255 or part
267 I of chapter 713.
268 (s) Failing to satisfy, within a reasonable time, the terms
269 of a civil judgment obtained against the licensee, or the
270 business organization qualified by the licensee, relating to the
271 practice of the licensee’s profession.
272
273 For the purposes of this subsection, construction is considered
274 to be commenced when the contract is executed and the contractor
275 has accepted funds from the customer or lender.
276 Section 15. Section 474.2195, Florida Statutes, is created
277 to read:
278 474.2195 Veterinary telemedicine.—
279 (1) As used in this section, the term:
280 (a) “Patient relationship” means a relationship where the
281 veterinarian has assumed the responsibility of making medical
282 judgments regarding the health of an animal and its need for
283 medical treatment.
284 (b) “Physical examination” means the evaluation of a
285 patient by a veterinarian through personal inspection,
286 palpation, and auscultation of the patient. This definition does
287 not apply to s. 474.2185.
288 (c) “Veterinary telemedicine” means the practice of
289 veterinary medicine by a Florida-licensed veterinarian which
290 includes a complete physical examination and the establishment
291 of a patient relationship in which patient care, treatment, or
292 service is provided through the use of medical information
293 exchanged from one site to another via electronic
294 communications.
295 (2) The standard of care for a veterinarian providing
296 veterinary telemedicine services to a patient is the same as the
297 standard of care generally accepted for a veterinarian providing
298 in-person health care services.
299 (3) Veterinary telemedicine must be practiced within the
300 context of a patient relationship except for care, treatment, or
301 service provided to a patient in an emergency until the patient
302 can be seen by or transported to a veterinarian.
303 (4) In the case of herd animals, the establishment of a
304 patient relationship does not require the physical examination
305 of each animal.
306 (5) A veterinarian may consult on patient care with another
307 veterinarian who has an ongoing patient relationship with the
308 patient, including the use of any prescription medication, and
309 may consult on on-call or cross-coverage cases in which the
310 veterinarian has access to patient records, via electronic
311 communications.
312 Section 16. Subsection (2) of section 476.034, Florida
313 Statutes, is amended, and subsections (6) and (7) are added to
314 that section, to read:
315 476.034 Definitions.—As used in this act:
316 (2) “Barbering” means any of the following practices when
317 done for remuneration and for the public, but not when done for
318 the treatment of disease or physical or mental ailments:
319 shaving, cutting, trimming, coloring, shampooing, arranging,
320 dressing, curling, or waving the hair or beard or applying oils,
321 creams, lotions, or other preparations to the face, scalp, or
322 neck, either by hand or by mechanical appliances, and includes
323 restricted barbering services.
324 (6) “Restricted barber” means a person who is licensed to
325 engage in the practice of restricted barbering in this state
326 under the authority of this chapter and is subject to the same
327 requirements and restrictions as a barber, except as specified
328 in s. 476.114.
329 (7) “Restricted barbering” means any of the following
330 practices when done for remuneration and for the public, but not
331 when done for the treatment of disease or physical or mental
332 ailments: shaving, cutting, trimming, shampooing, arranging,
333 dressing, or curling the hair or beard, including the
334 application of shampoo, hair conditioners, shaving creams, hair
335 tonic, and hair spray to the face, scalp, or neck, either by
336 hand or by mechanical appliances. The term does not include the
337 application of oils, creams, lotions, or other preparations to
338 the face, scalp, or neck.
339 Section 17. Present subsection (3) of section 476.114,
340 Florida Statutes, is redesignated as subsection (4) and amended,
341 and a new subsection (3) is added to that section, to read:
342 476.114 Examination; prerequisites.—
343 (3) An applicant is eligible for licensure by examination
344 to practice restricted barbering if the applicant:
345 (a) Is at least 16 years of age;
346 (b) Pays the required application fee;
347 (c) Passes a written examination on the laws and rules
348 governing the practice of barbering in Florida, as established
349 by the board; and
350 (d)1. Holds, or has within the previous 5 years held, an
351 active valid license to practice barbering in another state or
352 country, or has held a Florida barbering license which has been
353 declared null and void for failure to renew the license; or
354 2. Has received a minimum of 1,000 hours of training as
355 established by the board, which must include, but is not limited
356 to, the equivalent of completion of services directly related to
357 the practice of restricted barbering at one of the following:
358 a. A school of barbering licensed pursuant to chapter 1005;
359 b. A barbering program within the public school system; or
360 c. A government-operated barbering program in this state.
361 (4)(3) An applicant who meets the requirements set forth in
362 subparagraphs (2)(c)1. and 2., or subparagraphs (3)(d)1. and 2.,
363 and who fails to pass the examination may take subsequent
364 examinations as many times as necessary to pass, except that the
365 board may specify by rule reasonable timeframes for rescheduling
366 the examination and additional training requirements for
367 applicants who, after the third attempt, fail to pass the
368 examination. Prior to reexamination, the applicant must file the
369 appropriate form and pay the reexamination fee as required by
370 rule.
371 Section 18. Subsection (6) of section 476.144, Florida
372 Statutes, is repealed.
373 Section 19. Subsections (6) and (9) of section 477.013,
374 Florida Statutes, are amended to read:
375 477.013 Definitions.—As used in this chapter:
376 (6) “Specialty” means the practice of one or more of the
377 following:
378 (a) Nail specialty, which includes:
379 1. Manicuring, or the cutting, polishing, tinting,
380 coloring, cleansing, adding, or extending of the nails, and
381 massaging of the hands. This term includes any procedure or
382 process for the affixing of artificial nails, except those nails
383 which may be applied solely by use of a simple adhesive; and.
384 2.(b) Pedicuring, or the shaping, polishing, tinting, or
385 cleansing of the nails of the feet, and massaging or beautifying
386 of the feet.
387 (b)(c) Facial specialty, which includes facials, or the
388 massaging or treating of the face or scalp with oils, creams,
389 lotions, or other preparations, and skin care services.
390 (c) Full specialty, which includes manicuring, pedicuring,
391 and facial services, including all services as described in
392 paragraphs (a) and (b).
393 (9) “Hair braiding” means the weaving or interweaving of
394 natural human hair or commercial hair, including the use of hair
395 extensions or wefts, for compensation without cutting, coloring,
396 permanent waving, relaxing, removing, or chemical treatment and
397 does not include the use of hair extensions or wefts.
398 Section 20. Section 477.0132, Florida Statutes, is
399 repealed.
400 Section 21. Subsections (7), (8), and (9) are added to
401 section 477.0135, Florida Statutes, to read:
402 477.0135 Exemptions.—
403 (7) A license or registration is not required for a person
404 whose occupation or practice is confined solely to hair braiding
405 as defined in s. 477.013(9).
406 (8) A license or registration is not required for a person
407 whose occupation or practice is confined solely to hair wrapping
408 as defined in s. 477.013(10).
409 (9) A license or registration is not required for a person
410 whose occupation or practice is confined solely to body wrapping
411 as defined in s. 477.013(12).
412 Section 22. Paragraph (b) of subsection (7) of section
413 477.019, Florida Statutes, is amended to read:
414 477.019 Cosmetologists; qualifications; licensure;
415 supervised practice; license renewal; endorsement; continuing
416 education.—
417 (7)
418 (b) Any person whose occupation or practice is confined
419 solely to hair braiding, hair wrapping, or body wrapping is
420 exempt from the continuing education requirements of this
421 subsection.
422 Section 23. Paragraph (f) of subsection (1) of section
423 477.026, Florida Statutes, is amended to read:
424 477.026 Fees; disposition.—
425 (1) The board shall set fees according to the following
426 schedule:
427 (f) For hair braiders, hair wrappers, and body wrappers,
428 fees for registration shall not exceed $25.
429 Section 24. Subsection (5) of section 481.203, Florida
430 Statutes, is amended to read:
431 481.203 Definitions.—As used in this part:
432 (5) “Business organization” means a partnership, a limited
433 liability company, a corporation, or an individual operating
434 under a fictitious name “Certificate of authorization” means a
435 certificate issued by the department to a corporation or
436 partnership to practice architecture or interior design.
437 Section 25. Section 481.219, Florida Statutes, is amended
438 to read:
439 481.219 Business organization; qualifying agents
440 Certification of partnerships, limited liability companies, and
441 corporations.—
442 (1) A licensee may The practice of or the offer to practice
443 architecture or interior design by licensees through a business
444 organization that offers corporation, limited liability company,
445 or partnership offering architectural or interior design
446 services to the public, or through by a business organization
447 that offers corporation, limited liability company, or
448 partnership offering architectural or interior design services
449 to the public through such licensees under this part as agents,
450 employees, officers, or partners, is permitted, subject to the
451 provisions of this section.
452 (2) If a licensee or an applicant proposes to engage in the
453 practice of architecture or interior design as a business
454 organization, the licensee or applicant must apply to qualify
455 the business organization For the purposes of this section, a
456 certificate of authorization shall be required for a
457 corporation, limited liability company, partnership, or person
458 practicing under a fictitious name, offering architectural
459 services to the public jointly or separately. However, when an
460 individual is practicing architecture in her or his own name,
461 she or he shall not be required to be certified under this
462 section. Certification under this subsection to offer
463 architectural services shall include all the rights and
464 privileges of certification under subsection (3) to offer
465 interior design services.
466 (a) An application to qualify a business organization must:
467 1. If the business is a partnership, state the names of the
468 partnership and its partners.
469 2. If the business is a corporation, state the names of the
470 corporation and its officers and directors and the name of each
471 of its stockholders who is also an officer or a director.
472 3. If the business is operating under a fictitious name,
473 state the fictitious name under which it is doing business.
474 4. If the business is not a partnership, a corporation, or
475 operating under a fictitious name, state the name of such other
476 legal entity and its members.
477 (b) The board may deny an application to qualify a business
478 organization if the applicant or any person required to be named
479 pursuant to paragraph (a) has been involved in past disciplinary
480 actions or on any grounds for which an individual registration
481 or certification may be denied.
482 (3)(a) A business organization may not engage in the
483 practice of architecture unless its qualifying agent is a
484 registered architect under this part. A business organization
485 may not engage in the practice of interior design unless its
486 qualifying agent is a registered architect or a registered
487 interior designer under this part. A qualifying agent who
488 terminates her or his affiliation with a business organization
489 shall immediately notify the department of such termination. If
490 the qualifying agent who terminates her or his affiliation is
491 the only qualifying agent for a business organization, the
492 business organization must be qualified by another qualifying
493 agent within 60 days after the termination. Except as provided
494 in paragraph (b), the business organization may not engage in
495 the practice of architecture or interior design until it is
496 qualified by a qualifying agent.
497 (b) In the event a qualifying architect or interior
498 designer ceases employment with the business organization, the
499 executive director or the chair of the board may authorize
500 another registered architect or interior designer employed by
501 the business organization to temporarily serve as its qualifying
502 agent for a period of no more than 60 days. The business
503 organization is not authorized to operate beyond such period
504 under this chapter absent replacement of the qualifying
505 architect or interior designer who has ceased employment.
506 (c) A qualifying agent shall notify the department in
507 writing before engaging in the practice of architecture or
508 interior design in her or his own name or in affiliation with a
509 different business organization, and she or he or such business
510 organization shall supply the same information to the department
511 as required of applicants under this part For the purposes of
512 this section, a certificate of authorization shall be required
513 for a corporation, limited liability company, partnership, or
514 person operating under a fictitious name, offering interior
515 design services to the public jointly or separately. However,
516 when an individual is practicing interior design in her or his
517 own name, she or he shall not be required to be certified under
518 this section.
519 (4) All final construction documents and instruments of
520 service which include drawings, specifications, plans, reports,
521 or other papers or documents that involve involving the practice
522 of architecture which are prepared or approved for the use of
523 the business organization corporation, limited liability
524 company, or partnership and filed for public record within the
525 state must shall bear the signature and seal of the licensee who
526 prepared or approved them and the date on which they were
527 sealed.
528 (5) All drawings, specifications, plans, reports, or other
529 papers or documents prepared or approved for the use of the
530 business organization corporation, limited liability company, or
531 partnership by an interior designer in her or his professional
532 capacity and filed for public record within the state must shall
533 bear the signature and seal of the licensee who prepared or
534 approved them and the date on which they were sealed.
535 (6) The department shall issue a certificate of
536 authorization to any applicant who the board certifies as
537 qualified for a certificate of authorization and who has paid
538 the fee set in s. 481.207.
539 (6)(7) The board shall allow certify an applicant to
540 qualify one or more business organizations as qualified for a
541 certificate of authorization to offer architectural or interior
542 design services, or to use a fictitious name to offer such
543 services, if one of the following criteria is met provided that:
544 (a) One or more of the principal officers of the
545 corporation or limited liability company, or one or more
546 partners of the partnership, and all personnel of the
547 corporation, limited liability company, or partnership who act
548 in its behalf in this state as architects, are registered as
549 provided by this part.; or
550 (b) One or more of the principal officers of the
551 corporation or one or more partners of the partnership, and all
552 personnel of the corporation, limited liability company, or
553 partnership who act in its behalf in this state as interior
554 designers, are registered as provided by this part.
555 (8) The department shall adopt rules establishing a
556 procedure for the biennial renewal of certificates of
557 authorization.
558 (9) The department shall renew a certificate of
559 authorization upon receipt of the renewal application and
560 biennial renewal fee.
561 (7)(10) Each qualifying agent approved to qualify a
562 business organization partnership, limited liability company,
563 and corporation certified under this section shall notify the
564 department within 30 days after of any change in the information
565 contained in the application upon which the qualification
566 certification is based. Any registered architect or interior
567 designer who qualifies the business organization shall ensure
568 corporation, limited liability company, or partnership as
569 provided in subsection (7) shall be responsible for ensuring
570 responsible supervising control of projects of the business
571 organization entity and shall notify the department of the upon
572 termination of her or his employment with a business
573 organization qualified partnership, limited liability company,
574 or corporation certified under this section shall notify the
575 department of the termination within 30 days after such
576 termination.
577 (8)(11) A business organization is not No corporation,
578 limited liability company, or partnership shall be relieved of
579 responsibility for the conduct or acts of its agents, employees,
580 or officers by reason of its compliance with this section.
581 However, except as provided in s. 558.0035, the architect who
582 signs and seals the construction documents and instruments of
583 service is shall be liable for the professional services
584 performed, and the interior designer who signs and seals the
585 interior design drawings, plans, or specifications is shall be
586 liable for the professional services performed.
587 (12) Disciplinary action against a corporation, limited
588 liability company, or partnership shall be administered in the
589 same manner and on the same grounds as disciplinary action
590 against a registered architect or interior designer,
591 respectively.
592 (9)(13) Nothing in This section may not shall be construed
593 to mean that a certificate of registration to practice
594 architecture or interior design must shall be held by a business
595 organization corporation, limited liability company, or
596 partnership. Nothing in This section does not prohibit a
597 business organization from offering prohibits corporations,
598 limited liability companies, and partnerships from joining
599 together to offer architectural, engineering, interior design,
600 surveying and mapping, and landscape architectural services, or
601 any combination of such services, to the public if the business
602 organization, provided that each corporation, limited liability
603 company, or partnership otherwise meets the requirements of law.
604 (10)(14) A business organization that is qualified by a
605 registered architect may Corporations, limited liability
606 companies, or partnerships holding a valid certificate of
607 authorization to practice architecture shall be permitted to use
608 in their title the term “interior designer” or “registered
609 interior designer” in its title. designer.”
610 Section 26. Subsection (10) of section 481.221, Florida
611 Statutes, is amended to read:
612 481.221 Seals; display of certificate number.—
613 (10) Each registered architect or interior designer must,
614 and each corporation, limited liability company, or partnership
615 holding a certificate of authorization, shall include her or his
616 license its certificate number in any newspaper, telephone
617 directory, or other advertising medium used by the registered
618 licensee architect, interior designer, corporation, limited
619 liability company, or partnership. Each business organization
620 must include the license number of the registered architect or
621 interior designer who serves as the qualifying agent for that
622 business organization in any newspaper, telephone directory, or
623 other advertising medium used by the business organization, but
624 is not required to display the license numbers of other
625 registered architects or interior designers employed by the
626 business organization A corporation, limited liability company,
627 or partnership is not required to display the certificate number
628 of individual registered architects or interior designers
629 employed by or working within the corporation, limited liability
630 company, or partnership.
631 Section 27. Paragraphs (a) and (c) of subsection (5) of
632 section 481.229, Florida Statutes, are amended to read:
633 481.229 Exceptions; exemptions from licensure.—
634 (5)(a) Nothing contained in This part does not prohibit
635 shall prevent a registered architect or a qualified business
636 organization partnership, limited liability company, or
637 corporation holding a valid certificate of authorization to
638 provide architectural services from performing any interior
639 design service or from using the title “interior designer” or
640 “registered interior designer.”
641 (c) Notwithstanding any other provision of this part, a
642 registered architect or qualified business organization
643 certified any corporation, partnership, or person operating
644 under a fictitious name which holds a certificate of
645 authorization to provide architectural services must shall be
646 qualified, without fee, for a certificate of authorization to
647 provide interior design services upon submission of a completed
648 application for qualification therefor. For corporations,
649 partnerships, and persons operating under a fictitious name
650 which hold a certificate of authorization to provide interior
651 design services, satisfaction of the requirements for renewal of
652 the certificate of authorization to provide architectural
653 services under s. 481.219 shall be deemed to satisfy the
654 requirements for renewal of the certificate of authorization to
655 provide interior design services under that section.
656 Section 28. Section 481.303, Florida Statutes, is reordered
657 and amended to read:
658 481.303 Definitions.—As used in this chapter, the term:
659 (1) “Board” means the Board of Landscape Architecture.
660 (2) “Business organization” means any partnership, limited
661 liability company, corporation, or individual operating under a
662 fictitious name.
663 (4)(2) “Department” means the Department of Business and
664 Professional Regulation.
665 (8)(3) “Registered landscape architect” means a person who
666 holds a license to practice landscape architecture in this state
667 under the authority of this act.
668 (3)(4) “Certificate of registration” means a license issued
669 by the department to a natural person to engage in the practice
670 of landscape architecture.
671 (5) “Certificate of authorization” means a license issued
672 by the department to a corporation or partnership to engage in
673 the practice of landscape architecture.
674 (5)(6) “Landscape architecture” means professional
675 services, including, but not limited to, the following:
676 (a) Consultation, investigation, research, planning,
677 design, preparation of drawings, specifications, contract
678 documents and reports, responsible construction supervision, or
679 landscape management in connection with the planning and
680 development of land and incidental water areas, including the
681 use of Florida-friendly landscaping as defined in s. 373.185,
682 where, and to the extent that, the dominant purpose of such
683 services or creative works is the preservation, conservation,
684 enhancement, or determination of proper land uses, natural land
685 features, ground cover and plantings, or naturalistic and
686 aesthetic values;
687 (b) The determination of settings, grounds, and approaches
688 for and the siting of buildings and structures, outdoor areas,
689 or other improvements;
690 (c) The setting of grades, shaping and contouring of land
691 and water forms, determination of drainage, and provision for
692 storm drainage and irrigation systems where such systems are
693 necessary to the purposes outlined herein; and
694 (d) The design of such tangible objects and features as are
695 necessary to the purpose outlined herein.
696 (6)(7) “Landscape design” means consultation for and
697 preparation of planting plans drawn for compensation, including
698 specifications and installation details for plant materials,
699 soil amendments, mulches, edging, gravel, and other similar
700 materials. Such plans may include only recommendations for the
701 conceptual placement of tangible objects for landscape design
702 projects. Construction documents, details, and specifications
703 for tangible objects and irrigation systems shall be designed or
704 approved by licensed professionals as required by law.
705 (7) “Qualifying agent” means an owner, officer, or director
706 of the corporation, or partner of the partnership, who is
707 responsible for the supervision, direction, and management of
708 projects of the business organization with which she or he is
709 affiliated and for ensuring that responsible supervising control
710 is being exercised.
711 Section 29. Subsection (5) of section 481.321, Florida
712 Statutes, is amended to read:
713 481.321 Seals; display of certificate number.—
714 (5) Each registered landscape architect must and each
715 corporation or partnership holding a certificate of
716 authorization shall include her or his its certificate number in
717 any newspaper, telephone directory, or other advertising medium
718 used by the registered landscape architect, corporation, or
719 partnership. A corporation or partnership must is not required
720 to display the certificate number numbers of at least one
721 officer, director, owner, or partner who is a individual
722 registered landscape architect architects employed by or
723 practicing with the corporation or partnership.
724 Section 30. Subsection (4) of section 481.311, Florida
725 Statutes, is amended to read:
726 481.311 Licensure.—
727 (4) The board shall certify as qualified for a certificate
728 of authorization any applicant corporation or partnership who
729 satisfies the requirements of s. 481.319.
730 Section 31. Subsection (2) of section 481.317, Florida
731 Statutes, is amended to read:
732 481.317 Temporary certificates.—
733 (2) Upon approval by the board and payment of the fee set
734 in s. 481.307, the department shall grant a temporary
735 certificate of authorization for work on one specified project
736 in this state for a period not to exceed 1 year to an out-of
737 state corporation, partnership, or firm, provided one of the
738 principal officers of the corporation, one of the partners of
739 the partnership, or one of the principals in the fictitiously
740 named firm has obtained a temporary certificate of registration
741 in accordance with subsection (1).
742 Section 32. Section 481.319, Florida Statutes, is amended
743 to read:
744 481.319 Corporate and partnership practice of landscape
745 architecture; certificate of authorization.—
746 (1) The practice of or offer to practice landscape
747 architecture by registered landscape architects registered under
748 this part through a corporation or partnership offering
749 landscape architectural services to the public, or through a
750 corporation or partnership offering landscape architectural
751 services to the public through individual registered landscape
752 architects as agents, employees, officers, or partners, is
753 permitted, subject to the provisions of this section, if:
754 (a) One or more of the principal officers of the
755 corporation, or partners of the partnership, and all personnel
756 of the corporation or partnership who act in its behalf as
757 landscape architects in this state are registered landscape
758 architects; and
759 (b) One or more of the officers, one or more of the
760 directors, one or more of the owners of the corporation, or one
761 or more of the partners of the partnership is a registered
762 landscape architect and has applied to be the qualifying agent
763 for the business organization; and
764 (c) The corporation or partnership has been issued a
765 certificate of authorization by the board as provided herein.
766 (2) All documents involving the practice of landscape
767 architecture which are prepared for the use of the corporation
768 or partnership must shall bear the signature and seal of a
769 registered landscape architect.
770 (3) A landscape architect applying to practice in the name
771 of a An applicant corporation must shall file with the
772 department the names and addresses of all officers and board
773 members of the corporation, including the principal officer or
774 officers, duly registered to practice landscape architecture in
775 this state and, also, of all individuals duly registered to
776 practice landscape architecture in this state who shall be in
777 responsible charge of the practice of landscape architecture by
778 the corporation in this state. A landscape architect applying to
779 practice in the name of a An applicant partnership must shall
780 file with the department the names and addresses of all partners
781 of the partnership, including the partner or partners duly
782 registered to practice landscape architecture in this state and,
783 also, of an individual or individuals duly registered to
784 practice landscape architecture in this state who shall be in
785 responsible charge of the practice of landscape architecture by
786 said partnership in this state.
787 (4) Each landscape architect qualifying a partnership or
788 and corporation licensed under this part must shall notify the
789 department within 1 month of any change in the information
790 contained in the application upon which the license is based.
791 Any landscape architect who terminates her or his or her
792 employment with a partnership or corporation licensed under this
793 part shall notify the department of the termination within 1
794 month.
795 (5) Disciplinary action against a corporation or
796 partnership shall be administered in the same manner and on the
797 same grounds as disciplinary action against a registered
798 landscape architect.
799 (5)(6) Except as provided in s. 558.0035, the fact that a
800 registered landscape architect practices landscape architecture
801 through a corporation or partnership as provided in this section
802 does not relieve the landscape architect from personal liability
803 for her or his or her professional acts.
804 Section 33. Subsection (5) of section 481.329, Florida
805 Statutes, is amended to read:
806 481.329 Exceptions; exemptions from licensure.—
807 (5) This part does not prohibit any person from engaging in
808 the practice of landscape design, as defined in s. 481.303(6) s.
809 481.303(7), or from submitting for approval to a governmental
810 agency planting plans that are independent of, or a component
811 of, construction documents that are prepared by a Florida
812 registered professional. Persons providing landscape design
813 services shall not use the title, term, or designation
814 “landscape architect,” “landscape architectural,” “landscape
815 architecture,” “L.A.,” “landscape engineering,” or any
816 description tending to convey the impression that she or he is a
817 landscape architect unless she or he is registered as provided
818 in this part.
819 Section 34. Subsection (1) of section 548.017, Florida
820 Statutes, is amended to read:
821 548.017 Participants, managers, and other persons required
822 to have licenses.—
823 (1) A participant, manager, trainer, second, timekeeper,
824 referee, judge, announcer, physician, matchmaker, or promoter
825 must be licensed before directly or indirectly acting in such
826 capacity in connection with any match involving a participant. A
827 physician approved by the commission must be licensed pursuant
828 to chapter 458 or chapter 459, must maintain an unencumbered
829 license in good standing, and must demonstrate satisfactory
830 medical training or experience in boxing, or a combination of
831 both, to the executive director before working as the ringside
832 physician.
833 Section 35. Paragraph (i) of subsection (2) of section
834 548.003, Florida Statutes, is amended to read:
835 548.003 Florida State Boxing Commission.—
836 (2) The Florida State Boxing Commission, as created by
837 subsection (1), shall administer the provisions of this chapter.
838 The commission has authority to adopt rules pursuant to ss.
839 120.536(1) and 120.54 to implement the provisions of this
840 chapter and to implement each of the duties and responsibilities
841 conferred upon the commission, including, but not limited to:
842 (i) Designation and duties of a knockdown timekeeper.
843 Section 36. This act shall take effect October 1, 2017.
844 ================= T I T L E A M E N D M E N T ================
845 And the title is amended as follows:
846 Delete everything before the enacting clause
847 and insert:
848 A bill to be entitled
849 An act relating to regulated professions and
850 occupations; amending s. 287.055, F.S.; redefining the
851 term “design-build firm”; amending s. 326.004, F.S.;
852 deleting a requirement that yacht and ship brokers
853 maintain a separate license for each branch office and
854 related fees; amending s. 447.02, F.S.; deleting a
855 definition; repealing s. 447.04, F.S., relating to
856 business agents, licenses, and permits; repealing s.
857 447.041, F.S., relating to hearings; repealing s.
858 447.045, F.S., relating to certain confidential
859 information; repealing s. 447.06, F.S., relating to
860 the required registration of labor organizations;
861 amending s. 447.09, F.S.; deleting prohibitions
862 against specified actions; repealing s. 447.12, F.S.,
863 relating to registration fees; repealing s. 447.16,
864 F.S., relating to the applicability of ch. 447, F.S.;
865 amending s. 468.603, F.S.; redefining the terms
866 “building code administrator,” “building official,”
867 and “building code inspector”; amending s. 468.617,
868 F.S.; providing that a county or municipal government,
869 school board, community college board, state
870 university, or state agency is not prohibited from
871 entering into any contract with any person or entity
872 for the provision of building code administrator or
873 building official services; amending s. 469.006, F.S.;
874 requiring an individual applicant to apply for
875 licensure in the name of the business organization
876 that he or she proposes to operate under; requiring
877 that a license be in the name of a qualifying agent
878 rather than the name of a business organization;
879 requiring the qualifying agent, rather than the
880 business organization, to report certain changes in
881 information; conforming provisions to changes made by
882 the act; amending s. 469.009, F.S.; deleting the
883 authority of the department to reprimand, censure, or
884 impose probation on certain business organizations;
885 creating s. 474.2195, F.S.; defining terms; specifying
886 the standard of care required for veterinary
887 telemedicine services; requiring veterinary
888 telemedicine to be practiced within the context of a
889 patient relationship; providing an exception;
890 specifying that physical examination of each animal is
891 not required for herd animals; authorizing a
892 veterinarian to consult with another veterinarian
893 under certain circumstances; amending s. 476.034,
894 F.S.; defining and redefining terms; amending s.
895 476.114, F.S.; providing requirements for licensure by
896 examination to practice restricted barbering;
897 conforming a provision to changes made by the act;
898 repealing s. 476.144(6), F.S., relating to
899 requirements to apply for a restricted license to
900 practice barbering; amending s. 477.013, F.S.;
901 revising the definitions of the terms “specialty” and
902 “hair braiding”; repealing s. 477.0132, F.S., relating
903 to hair braiding, hair wrapping, and body wrapping
904 registration; amending s. 477.0135, F.S.; exempting
905 from certain licensure and registration requirements
906 persons whose occupations or practices are confined
907 solely to hair braiding, hair wrapping, or body
908 wrapping; amending s. 477.019, F.S.; deleting an
909 exemption from certain continuing education
910 requirements for persons whose occupations or
911 practices are confined solely to hair braiding, hair
912 wrapping, or body wrapping; amending s. 477.026, F.S.;
913 conforming a provision to changes made by the act;
914 amending s. 481.203, F.S.; defining the term “business
915 organization”; deleting the definition of the term
916 “certificate of authorization”; amending s. 481.219,
917 F.S.; revising the process by which a business
918 organization obtains the requisite license to perform
919 architectural services; requiring that a licensee or
920 an applicant apply to qualify a business organization
921 under certain circumstances; specifying application
922 requirements; authorizing the Board of Architecture
923 and Interior Design to deny an application under
924 certain circumstances; requiring that a qualifying
925 agent be a registered architect or a registered
926 interior designer under certain circumstances;
927 requiring that a qualifying agent notify the
928 department when she or he ceases to be affiliated with
929 a business organization; prohibiting a business
930 organization from engaging in certain practices until
931 it is qualified by a qualifying agent; authorizing the
932 executive director or the chair of the board to
933 authorize a certain registered architect or interior
934 designer to temporarily serve as the business
935 organization’s qualifying agent for a specified
936 timeframe under certain circumstances; requiring the
937 qualifying agent to give written notice to the
938 department before engaging in practice under her or
939 his own name or in affiliation with another business
940 organization; requiring the board to certify an
941 applicant to qualify one or more business
942 organizations or to operate using a fictitious name
943 under certain circumstances; conforming provisions to
944 changes made by the act; amending s. 481.221, F.S.;
945 requiring a business organization to include the
946 license number of a certain registered architect or
947 interior designer in any advertising; providing an
948 exception; conforming provisions to changes made by
949 the act; amending s. 481.229, F.S.; conforming
950 provisions to changes made by the act; reordering and
951 amending s. 481.303, F.S.; defining and redefining
952 terms; amending s. 481.321, F.S.; revising provisions
953 that require persons to display certificate numbers
954 under certain circumstances; conforming provisions to
955 changes made by the act; amending ss. 481.311,
956 481.317, and 481.319, F.S.; conforming provisions to
957 changes made by the act; amending s. 481.329, F.S.;
958 conforming a cross-reference; amending s. 548.017,
959 F.S.; revising the persons required to be licensed by
960 the State Boxing Commission; amending s. 548.003,
961 F.S.; conforming a provision to changes made by the
962 act; providing an effective date.