Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS for HB 7047
Ì226306ÈÎ226306
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 1/RE/2R .
05/02/2017 07:31 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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 Section 447.04, Florida Statutes, is repealed.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 Section 447.041, Florida Statutes, is repealed.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 Section 447.045, Florida Statutes, is repealed.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 Section 447.06, Florida Statutes, is repealed.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. Subsection (2) of section 476.034, Florida
277 Statutes, is amended, and subsections (6) and (7) are added to
278 that section, to read:
279 476.034 Definitions.—As used in this act:
280 (2) “Barbering” means any of the following practices when
281 done for remuneration and for the public, but not when done for
282 the treatment of disease or physical or mental ailments:
283 shaving, cutting, trimming, coloring, shampooing, arranging,
284 dressing, curling, or waving the hair or beard or applying oils,
285 creams, lotions, or other preparations to the face, scalp, or
286 neck, either by hand or by mechanical appliances, and includes
287 restricted barbering services.
288 (6) “Restricted barber” means a person who is licensed to
289 engage in the practice of restricted barbering in this state
290 under the authority of this chapter and is subject to the same
291 requirements and restrictions as a barber, except as specified
292 in s. 476.114.
293 (7) “Restricted barbering” means any of the following
294 practices when done for remuneration and for the public, but not
295 when done for the treatment of disease or physical or mental
296 ailments: shaving, cutting, trimming, shampooing, arranging,
297 dressing, or curling the hair or beard, including the
298 application of shampoo, hair conditioners, shaving creams, hair
299 tonic, and hair spray to the face, scalp, or neck, either by
300 hand or by mechanical appliances. The term does not include the
301 application of oils, creams, lotions, or other preparations to
302 the face, scalp, or neck.
303 Section 16. Present subsection (3) of section 476.114,
304 Florida Statutes, is redesignated as subsection (4) and amended,
305 and a new subsection (3) is added to that section, to read:
306 476.114 Examination; prerequisites.—
307 (3) An applicant is eligible for licensure by examination
308 to practice restricted barbering if the applicant:
309 (a) Is at least 16 years of age;
310 (b) Pays the required application fee;
311 (c) Passes a written examination on the laws and rules
312 governing the practice of barbering in Florida, as established
313 by the board; and
314 (d)1. Holds, or has within the previous 5 years held, an
315 active valid license to practice barbering in another state or
316 country, or has held a Florida barbering license which has been
317 declared null and void for failure to renew the license; or
318 2. Has received a minimum of 1,000 hours of training as
319 established by the board, which must include, but is not limited
320 to, the equivalent of completion of services directly related to
321 the practice of restricted barbering at one of the following:
322 a. A school of barbering licensed pursuant to chapter 1005;
323 b. A barbering program within the public school system; or
324 c. A government-operated barbering program in this state.
325 (4)(3) An applicant who meets the requirements set forth in
326 subparagraphs (2)(c)1. and 2., or subparagraphs (3)(d)1. and 2.,
327 and who fails to pass the examination may take subsequent
328 examinations as many times as necessary to pass, except that the
329 board may specify by rule reasonable timeframes for rescheduling
330 the examination and additional training requirements for
331 applicants who, after the third attempt, fail to pass the
332 examination. Prior to reexamination, the applicant must file the
333 appropriate form and pay the reexamination fee as required by
334 rule.
335 Section 17. Subsection (6) of section 476.144, Florida
336 Statutes, is repealed.
337 Section 18. Subsection (6) of section 477.013, Florida
338 Statutes, is amended to read:
339 477.013 Definitions.—As used in this chapter:
340 (6) “Specialty” means the practice of one or more of the
341 following:
342 (a) Nail specialty, which includes:
343 1. Manicuring, or the cutting, polishing, tinting,
344 coloring, cleansing, adding, or extending of the nails, and
345 massaging of the hands. This term includes any procedure or
346 process for the affixing of artificial nails, except those nails
347 which may be applied solely by use of a simple adhesive; and.
348 2.(b) Pedicuring, or the shaping, polishing, tinting, or
349 cleansing of the nails of the feet, and massaging or beautifying
350 of the feet.
351 (b)(c) Facial specialty, which includes facials, or the
352 massaging or treating of the face or scalp with oils, creams,
353 lotions, or other preparations, and skin care services.
354 (c) Full specialty, which includes manicuring, pedicuring,
355 and facial services, including all services as described in
356 paragraphs (a) and (b).
357 Section 19. Section 477.0132, Florida Statutes, is
358 repealed.
359 Section 20. Subsections (7), (8), and (9) are added to
360 section 477.0135, Florida Statutes, to read:
361 477.0135 Exemptions.—
362 (7) A license or registration is not required for a person
363 whose occupation or practice is confined solely to hair braiding
364 as defined in s. 477.013(9).
365 (8) A license or registration is not required for a person
366 whose occupation or practice is confined solely to hair wrapping
367 as defined in s. 477.013(10).
368 (9) A license or registration is not required for a person
369 whose occupation or practice is confined solely to body wrapping
370 as defined in s. 477.013(12).
371 Section 21. Paragraph (b) of subsection (7) of section
372 477.019, Florida Statutes, is amended to read:
373 477.019 Cosmetologists; qualifications; licensure;
374 supervised practice; license renewal; endorsement; continuing
375 education.—
376 (7)
377 (b) Any person whose occupation or practice is confined
378 solely to hair braiding, hair wrapping, or body wrapping is
379 exempt from the continuing education requirements of this
380 subsection.
381 Section 22. Paragraph (f) of subsection (1) of section
382 477.026, Florida Statutes, is amended to read:
383 477.026 Fees; disposition.—
384 (1) The board shall set fees according to the following
385 schedule:
386 (f) For hair braiders, hair wrappers, and body wrappers,
387 fees for registration shall not exceed $25.
388 Section 23. Subsection (5) of section 481.203, Florida
389 Statutes, is amended to read:
390 481.203 Definitions.—As used in this part:
391 (5) “Business organization” means a partnership, a limited
392 liability company, a corporation, or an individual operating
393 under a fictitious name “Certificate of authorization” means a
394 certificate issued by the department to a corporation or
395 partnership to practice architecture or interior design.
396 Section 24. Section 481.219, Florida Statutes, is amended
397 to read:
398 481.219 Business organization; qualifying agents
399 Certification of partnerships, limited liability companies, and
400 corporations.—
401 (1) A licensee may The practice of or the offer to practice
402 architecture or interior design by licensees through a business
403 organization that offers corporation, limited liability company,
404 or partnership offering architectural or interior design
405 services to the public, or through by a business organization
406 that offers corporation, limited liability company, or
407 partnership offering architectural or interior design services
408 to the public through such licensees under this part as agents,
409 employees, officers, or partners, is permitted, subject to the
410 provisions of this section.
411 (2) If a licensee or an applicant proposes to engage in the
412 practice of architecture or interior design as a business
413 organization, the licensee or applicant must apply to qualify
414 the business organization For the purposes of this section, a
415 certificate of authorization shall be required for a
416 corporation, limited liability company, partnership, or person
417 practicing under a fictitious name, offering architectural
418 services to the public jointly or separately. However, when an
419 individual is practicing architecture in her or his own name,
420 she or he shall not be required to be certified under this
421 section. Certification under this subsection to offer
422 architectural services shall include all the rights and
423 privileges of certification under subsection (3) to offer
424 interior design services.
425 (a) An application to qualify a business organization must:
426 1. If the business is a partnership, state the names of the
427 partnership and its partners.
428 2. If the business is a corporation, state the names of the
429 corporation and its officers and directors and the name of each
430 of its stockholders who is also an officer or a director.
431 3. If the business is operating under a fictitious name,
432 state the fictitious name under which it is doing business.
433 4. If the business is not a partnership, a corporation, or
434 operating under a fictitious name, state the name of such other
435 legal entity and its members.
436 (b) The board may deny an application to qualify a business
437 organization if the applicant or any person required to be named
438 pursuant to paragraph (a) has been involved in past disciplinary
439 actions or on any grounds for which an individual registration
440 or certification may be denied.
441 (3)(a) A business organization may not engage in the
442 practice of architecture unless its qualifying agent is a
443 registered architect under this part. A business organization
444 may not engage in the practice of interior design unless its
445 qualifying agent is a registered architect or a registered
446 interior designer under this part. A qualifying agent who
447 terminates her or his affiliation with a business organization
448 shall immediately notify the department of such termination. If
449 the qualifying agent who terminates her or his affiliation is
450 the only qualifying agent for a business organization, the
451 business organization must be qualified by another qualifying
452 agent within 60 days after the termination. Except as provided
453 in paragraph (b), the business organization may not engage in
454 the practice of architecture or interior design until it is
455 qualified by a qualifying agent.
456 (b) In the event a qualifying architect or interior
457 designer ceases employment with the business organization, the
458 executive director or the chair of the board may authorize
459 another registered architect or interior designer employed by
460 the business organization to temporarily serve as its qualifying
461 agent for a period of no more than 60 days. The business
462 organization is not authorized to operate beyond such period
463 under this chapter absent replacement of the qualifying
464 architect or interior designer who has ceased employment.
465 (c) A qualifying agent shall notify the department in
466 writing before engaging in the practice of architecture or
467 interior design in her or his own name or in affiliation with a
468 different business organization, and she or he or such business
469 organization shall supply the same information to the department
470 as required of applicants under this part For the purposes of
471 this section, a certificate of authorization shall be required
472 for a corporation, limited liability company, partnership, or
473 person operating under a fictitious name, offering interior
474 design services to the public jointly or separately. However,
475 when an individual is practicing interior design in her or his
476 own name, she or he shall not be required to be certified under
477 this section.
478 (4) All final construction documents and instruments of
479 service which include drawings, specifications, plans, reports,
480 or other papers or documents that involve involving the practice
481 of architecture which are prepared or approved for the use of
482 the business organization corporation, limited liability
483 company, or partnership and filed for public record within the
484 state must shall bear the signature and seal of the licensee who
485 prepared or approved them and the date on which they were
486 sealed.
487 (5) All drawings, specifications, plans, reports, or other
488 papers or documents prepared or approved for the use of the
489 business organization corporation, limited liability company, or
490 partnership by an interior designer in her or his professional
491 capacity and filed for public record within the state must shall
492 bear the signature and seal of the licensee who prepared or
493 approved them and the date on which they were sealed.
494 (6) The department shall issue a certificate of
495 authorization to any applicant who the board certifies as
496 qualified for a certificate of authorization and who has paid
497 the fee set in s. 481.207.
498 (6)(7) The board shall allow certify an applicant to
499 qualify one or more business organizations as qualified for a
500 certificate of authorization to offer architectural or interior
501 design services, or to use a fictitious name to offer such
502 services, if one of the following criteria is met provided that:
503 (a) One or more of the principal officers of the
504 corporation or limited liability company, or one or more
505 partners of the partnership, and all personnel of the
506 corporation, limited liability company, or partnership who act
507 in its behalf in this state as architects, are registered as
508 provided by this part.; or
509 (b) One or more of the principal officers of the
510 corporation or one or more partners of the partnership, and all
511 personnel of the corporation, limited liability company, or
512 partnership who act in its behalf in this state as interior
513 designers, are registered as provided by this part.
514 (8) The department shall adopt rules establishing a
515 procedure for the biennial renewal of certificates of
516 authorization.
517 (9) The department shall renew a certificate of
518 authorization upon receipt of the renewal application and
519 biennial renewal fee.
520 (7)(10) Each qualifying agent approved to qualify a
521 business organization partnership, limited liability company,
522 and corporation certified under this section shall notify the
523 department within 30 days after of any change in the information
524 contained in the application upon which the qualification
525 certification is based. Any registered architect or interior
526 designer who qualifies the business organization shall ensure
527 corporation, limited liability company, or partnership as
528 provided in subsection (7) shall be responsible for ensuring
529 responsible supervising control of projects of the business
530 organization entity and shall notify the department of the upon
531 termination of her or his employment with a business
532 organization qualified partnership, limited liability company,
533 or corporation certified under this section shall notify the
534 department of the termination within 30 days after such
535 termination.
536 (8)(11) A business organization is not No corporation,
537 limited liability company, or partnership shall be relieved of
538 responsibility for the conduct or acts of its agents, employees,
539 or officers by reason of its compliance with this section.
540 However, except as provided in s. 558.0035, the architect who
541 signs and seals the construction documents and instruments of
542 service is shall be liable for the professional services
543 performed, and the interior designer who signs and seals the
544 interior design drawings, plans, or specifications is shall be
545 liable for the professional services performed.
546 (12) Disciplinary action against a corporation, limited
547 liability company, or partnership shall be administered in the
548 same manner and on the same grounds as disciplinary action
549 against a registered architect or interior designer,
550 respectively.
551 (9)(13) Nothing in This section may not shall be construed
552 to mean that a certificate of registration to practice
553 architecture or interior design must shall be held by a business
554 organization corporation, limited liability company, or
555 partnership. Nothing in This section does not prohibit a
556 business organization from offering prohibits corporations,
557 limited liability companies, and partnerships from joining
558 together to offer architectural, engineering, interior design,
559 surveying and mapping, and landscape architectural services, or
560 any combination of such services, to the public if the business
561 organization, provided that each corporation, limited liability
562 company, or partnership otherwise meets the requirements of law.
563 (10)(14) A business organization that is qualified by a
564 registered architect may Corporations, limited liability
565 companies, or partnerships holding a valid certificate of
566 authorization to practice architecture shall be permitted to use
567 in their title the term “interior designer” or “registered
568 interior designer” in its title. designer.”
569 Section 25. Subsection (10) of section 481.221, Florida
570 Statutes, is amended to read:
571 481.221 Seals; display of certificate number.—
572 (10) Each registered architect or interior designer must,
573 and each corporation, limited liability company, or partnership
574 holding a certificate of authorization, shall include her or his
575 license its certificate number in any newspaper, telephone
576 directory, or other advertising medium used by the registered
577 licensee architect, interior designer, corporation, limited
578 liability company, or partnership. Each business organization
579 must include the license number of the registered architect or
580 interior designer who serves as the qualifying agent for that
581 business organization in any newspaper, telephone directory, or
582 other advertising medium used by the business organization, but
583 is not required to display the license numbers of other
584 registered architects or interior designers employed by the
585 business organization A corporation, limited liability company,
586 or partnership is not required to display the certificate number
587 of individual registered architects or interior designers
588 employed by or working within the corporation, limited liability
589 company, or partnership.
590 Section 26. Paragraphs (a) and (c) of subsection (5) of
591 section 481.229, Florida Statutes, are amended to read:
592 481.229 Exceptions; exemptions from licensure.—
593 (5)(a) Nothing contained in This part does not prohibit
594 shall prevent a registered architect or a qualified business
595 organization partnership, limited liability company, or
596 corporation holding a valid certificate of authorization to
597 provide architectural services from performing any interior
598 design service or from using the title “interior designer” or
599 “registered interior designer.”
600 (c) Notwithstanding any other provision of this part, a
601 registered architect or qualified business organization
602 certified any corporation, partnership, or person operating
603 under a fictitious name which holds a certificate of
604 authorization to provide architectural services must shall be
605 qualified, without fee, for a certificate of authorization to
606 provide interior design services upon submission of a completed
607 application for qualification therefor. For corporations,
608 partnerships, and persons operating under a fictitious name
609 which hold a certificate of authorization to provide interior
610 design services, satisfaction of the requirements for renewal of
611 the certificate of authorization to provide architectural
612 services under s. 481.219 shall be deemed to satisfy the
613 requirements for renewal of the certificate of authorization to
614 provide interior design services under that section.
615 Section 27. Section 481.303, Florida Statutes, is reordered
616 and amended to read:
617 481.303 Definitions.—As used in this chapter, the term:
618 (1) “Board” means the Board of Landscape Architecture.
619 (2) “Business organization” means any partnership, limited
620 liability company, corporation, or individual operating under a
621 fictitious name.
622 (4)(2) “Department” means the Department of Business and
623 Professional Regulation.
624 (8)(3) “Registered landscape architect” means a person who
625 holds a license to practice landscape architecture in this state
626 under the authority of this act.
627 (3)(4) “Certificate of registration” means a license issued
628 by the department to a natural person to engage in the practice
629 of landscape architecture.
630 (5) “Certificate of authorization” means a license issued
631 by the department to a corporation or partnership to engage in
632 the practice of landscape architecture.
633 (5)(6) “Landscape architecture” means professional
634 services, including, but not limited to, the following:
635 (a) Consultation, investigation, research, planning,
636 design, preparation of drawings, specifications, contract
637 documents and reports, responsible construction supervision, or
638 landscape management in connection with the planning and
639 development of land and incidental water areas, including the
640 use of Florida-friendly landscaping as defined in s. 373.185,
641 where, and to the extent that, the dominant purpose of such
642 services or creative works is the preservation, conservation,
643 enhancement, or determination of proper land uses, natural land
644 features, ground cover and plantings, or naturalistic and
645 aesthetic values;
646 (b) The determination of settings, grounds, and approaches
647 for and the siting of buildings and structures, outdoor areas,
648 or other improvements;
649 (c) The setting of grades, shaping and contouring of land
650 and water forms, determination of drainage, and provision for
651 storm drainage and irrigation systems where such systems are
652 necessary to the purposes outlined herein; and
653 (d) The design of such tangible objects and features as are
654 necessary to the purpose outlined herein.
655 (6)(7) “Landscape design” means consultation for and
656 preparation of planting plans drawn for compensation, including
657 specifications and installation details for plant materials,
658 soil amendments, mulches, edging, gravel, and other similar
659 materials. Such plans may include only recommendations for the
660 conceptual placement of tangible objects for landscape design
661 projects. Construction documents, details, and specifications
662 for tangible objects and irrigation systems shall be designed or
663 approved by licensed professionals as required by law.
664 (7) “Qualifying agent” means an owner, officer, or director
665 of the corporation, or partner of the partnership, who is
666 responsible for the supervision, direction, and management of
667 projects of the business organization with which she or he is
668 affiliated and for ensuring that responsible supervising control
669 is being exercised.
670 Section 28. Subsection (5) of section 481.321, Florida
671 Statutes, is amended to read:
672 481.321 Seals; display of certificate number.—
673 (5) Each registered landscape architect must and each
674 corporation or partnership holding a certificate of
675 authorization shall include her or his its certificate number in
676 any newspaper, telephone directory, or other advertising medium
677 used by the registered landscape architect, corporation, or
678 partnership. A corporation or partnership must is not required
679 to display the certificate number numbers of at least one
680 officer, director, owner, or partner who is a individual
681 registered landscape architect architects employed by or
682 practicing with the corporation or partnership.
683 Section 29. Subsection (4) of section 481.311, Florida
684 Statutes, is amended to read:
685 481.311 Licensure.—
686 (4) The board shall certify as qualified for a certificate
687 of authorization any applicant corporation or partnership who
688 satisfies the requirements of s. 481.319.
689 Section 30. Subsection (2) of section 481.317, Florida
690 Statutes, is amended to read:
691 481.317 Temporary certificates.—
692 (2) Upon approval by the board and payment of the fee set
693 in s. 481.307, the department shall grant a temporary
694 certificate of authorization for work on one specified project
695 in this state for a period not to exceed 1 year to an out-of
696 state corporation, partnership, or firm, provided one of the
697 principal officers of the corporation, one of the partners of
698 the partnership, or one of the principals in the fictitiously
699 named firm has obtained a temporary certificate of registration
700 in accordance with subsection (1).
701 Section 31. Section 481.319, Florida Statutes, is amended
702 to read:
703 481.319 Corporate and partnership practice of landscape
704 architecture; certificate of authorization.—
705 (1) The practice of or offer to practice landscape
706 architecture by registered landscape architects registered under
707 this part through a corporation or partnership offering
708 landscape architectural services to the public, or through a
709 corporation or partnership offering landscape architectural
710 services to the public through individual registered landscape
711 architects as agents, employees, officers, or partners, is
712 permitted, subject to the provisions of this section, if:
713 (a) One or more of the principal officers of the
714 corporation, or partners of the partnership, and all personnel
715 of the corporation or partnership who act in its behalf as
716 landscape architects in this state are registered landscape
717 architects; and
718 (b) One or more of the officers, one or more of the
719 directors, one or more of the owners of the corporation, or one
720 or more of the partners of the partnership is a registered
721 landscape architect and has applied to be the qualifying agent
722 for the business organization; and
723 (c) The corporation or partnership has been issued a
724 certificate of authorization by the board as provided herein.
725 (2) All documents involving the practice of landscape
726 architecture which are prepared for the use of the corporation
727 or partnership must shall bear the signature and seal of a
728 registered landscape architect.
729 (3) A landscape architect applying to practice in the name
730 of a An applicant corporation must shall file with the
731 department the names and addresses of all officers and board
732 members of the corporation, including the principal officer or
733 officers, duly registered to practice landscape architecture in
734 this state and, also, of all individuals duly registered to
735 practice landscape architecture in this state who shall be in
736 responsible charge of the practice of landscape architecture by
737 the corporation in this state. A landscape architect applying to
738 practice in the name of a An applicant partnership must shall
739 file with the department the names and addresses of all partners
740 of the partnership, including the partner or partners duly
741 registered to practice landscape architecture in this state and,
742 also, of an individual or individuals duly registered to
743 practice landscape architecture in this state who shall be in
744 responsible charge of the practice of landscape architecture by
745 said partnership in this state.
746 (4) Each landscape architect qualifying a partnership or
747 and corporation licensed under this part must shall notify the
748 department within 1 month of any change in the information
749 contained in the application upon which the license is based.
750 Any landscape architect who terminates her or his or her
751 employment with a partnership or corporation licensed under this
752 part shall notify the department of the termination within 1
753 month.
754 (5) Disciplinary action against a corporation or
755 partnership shall be administered in the same manner and on the
756 same grounds as disciplinary action against a registered
757 landscape architect.
758 (5)(6) Except as provided in s. 558.0035, the fact that a
759 registered landscape architect practices landscape architecture
760 through a corporation or partnership as provided in this section
761 does not relieve the landscape architect from personal liability
762 for her or his or her professional acts.
763 Section 32. Subsection (5) of section 481.329, Florida
764 Statutes, is amended to read:
765 481.329 Exceptions; exemptions from licensure.—
766 (5) This part does not prohibit any person from engaging in
767 the practice of landscape design, as defined in s. 481.303(6) s.
768 481.303(7), or from submitting for approval to a governmental
769 agency planting plans that are independent of, or a component
770 of, construction documents that are prepared by a Florida
771 registered professional. Persons providing landscape design
772 services shall not use the title, term, or designation
773 “landscape architect,” “landscape architectural,” “landscape
774 architecture,” “L.A.,” “landscape engineering,” or any
775 description tending to convey the impression that she or he is a
776 landscape architect unless she or he is registered as provided
777 in this part.
778 Section 33. Subsection (1) of section 548.017, Florida
779 Statutes, is amended to read:
780 548.017 Participants, managers, and other persons required
781 to have licenses.—
782 (1) A participant, manager, trainer, second, timekeeper,
783 referee, judge, announcer, physician, matchmaker, or promoter
784 must be licensed before directly or indirectly acting in such
785 capacity in connection with any match involving a participant. A
786 physician approved by the commission must be licensed pursuant
787 to chapter 458 or chapter 459, must maintain an unencumbered
788 license in good standing, and must demonstrate satisfactory
789 medical training or experience in boxing, or a combination of
790 both, to the executive director before working as the ringside
791 physician.
792 Section 34. Paragraph (i) of subsection (2) of section
793 548.003, Florida Statutes, is amended to read:
794 548.003 Florida State Boxing Commission.—
795 (2) The Florida State Boxing Commission, as created by
796 subsection (1), shall administer the provisions of this chapter.
797 The commission has authority to adopt rules pursuant to ss.
798 120.536(1) and 120.54 to implement the provisions of this
799 chapter and to implement each of the duties and responsibilities
800 conferred upon the commission, including, but not limited to:
801 (i) Designation and duties of a knockdown timekeeper.
802 Section 35. This act shall take effect October 1, 2017.
803
804 ================= T I T L E A M E N D M E N T ================
805 And the title is amended as follows:
806 Delete everything before the enacting clause
807 and insert:
808 A bill to be entitled
809 An act relating to regulated professions and
810 occupations; amending s. 287.055, F.S.; redefining the
811 term “design-build firm”; amending s. 326.004, F.S.;
812 deleting a requirement that yacht and ship brokers
813 maintain a separate license for each branch office and
814 related fees; amending s. 447.02, F.S.; deleting a
815 definition; repealing s. 447.04, F.S., relating to
816 business agents, licenses, and permits; repealing s.
817 447.041, F.S., relating to hearings; repealing s.
818 447.045, F.S., relating to certain confidential
819 information; repealing s. 447.06, F.S., relating to
820 the required registration of labor organizations;
821 amending s. 447.09, F.S.; deleting prohibitions
822 against specified actions; repealing s. 447.12, F.S.,
823 relating to registration fees; repealing s. 447.16,
824 F.S., relating to the applicability of ch. 447, F.S.;
825 amending s. 468.603, F.S.; redefining the terms
826 “building code administrator,” “building official,”
827 and “building code inspector”; amending s. 468.617,
828 F.S.; providing that a county or municipal government,
829 school board, community college board, state
830 university, or state agency is not prohibited from
831 entering into any contract with any person or entity
832 for the provision of building code administrator or
833 building official services; amending s. 469.006, F.S.;
834 requiring an individual applicant to apply for
835 licensure in the name of the business organization
836 that he or she proposes to operate under; requiring
837 that a license be in the name of a qualifying agent
838 rather than the name of a business organization;
839 requiring the qualifying agent, rather than the
840 business organization, to report certain changes in
841 information; conforming provisions to changes made by
842 the act; amending s. 469.009, F.S.; deleting the
843 authority of the department to reprimand, censure, or
844 impose probation on certain business organizations;
845 amending s. 476.034, F.S.; defining and redefining
846 terms; amending s. 476.114, F.S.; providing
847 requirements for licensure by examination to practice
848 restricted barbering; conforming a provision to
849 changes made by the act; repealing s. 476.144(6),
850 F.S., relating to requirements to apply for a
851 restricted license to practice barbering; amending s.
852 477.013, F.S.; revising the definition of the term
853 “specialty”; repealing s. 477.0132, F.S., relating to
854 hair braiding, hair wrapping, and body wrapping
855 registration; amending s. 477.0135, F.S.; exempting
856 from certain licensure and registration requirements
857 persons whose occupations or practices are confined
858 solely to hair braiding, hair wrapping, or body
859 wrapping; amending s. 477.019, F.S.; deleting an
860 exemption from certain continuing education
861 requirements for persons whose occupations or
862 practices are confined solely to hair braiding, hair
863 wrapping, or body wrapping; amending s. 477.026, F.S.;
864 conforming a provision to changes made by the act;
865 amending s. 481.203, F.S.; defining the term “business
866 organization”; deleting the definition of the term
867 “certificate of authorization”; amending s. 481.219,
868 F.S.; revising the process by which a business
869 organization obtains the requisite license to perform
870 architectural services; requiring that a licensee or
871 an applicant apply to qualify a business organization
872 under certain circumstances; specifying application
873 requirements; authorizing the Board of Architecture
874 and Interior Design to deny an application under
875 certain circumstances; requiring that a qualifying
876 agent be a registered architect or a registered
877 interior designer under certain circumstances;
878 requiring that a qualifying agent notify the
879 department when she or he ceases to be affiliated with
880 a business organization; prohibiting a business
881 organization from engaging in certain practices until
882 it is qualified by a qualifying agent; authorizing the
883 executive director or the chair of the board to
884 authorize a certain registered architect or interior
885 designer to temporarily serve as the business
886 organization’s qualifying agent for a specified
887 timeframe under certain circumstances; requiring the
888 qualifying agent to give written notice to the
889 department before engaging in practice under her or
890 his own name or in affiliation with another business
891 organization; requiring the board to certify an
892 applicant to qualify one or more business
893 organizations or to operate using a fictitious name
894 under certain circumstances; conforming provisions to
895 changes made by the act; amending s. 481.221, F.S.;
896 requiring a business organization to include the
897 license number of a certain registered architect or
898 interior designer in any advertising; providing an
899 exception; conforming provisions to changes made by
900 the act; amending s. 481.229, F.S.; conforming
901 provisions to changes made by the act; reordering and
902 amending s. 481.303, F.S.; defining and redefining
903 terms; amending s. 481.321, F.S.; revising provisions
904 that require persons to display certificate numbers
905 under certain circumstances; conforming provisions to
906 changes made by the act; amending ss. 481.311,
907 481.317, and 481.319, F.S.; conforming provisions to
908 changes made by the act; amending s. 481.329, F.S.;
909 conforming a cross-reference; amending s. 548.017,
910 F.S.; revising the persons required to be licensed by
911 the State Boxing Commission; amending s. 548.003,
912 F.S.; conforming a provision to changes made by the
913 act; providing an effective date.