Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1318
       
       
       
       
       
       
                                Ì753714(Î753714                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/15/2018           .                                
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       Appropriations Subcommittee on Criminal and Civil Justice
       (Brandes) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 62 and 63
    4  insert:
    5         Section 4. Subsection (4) is added to section 120.565,
    6  Florida Statutes, to read:
    7         120.565 Declaratory statement by agencies.—
    8         (4)(a) Any person may seek a declaratory statement
    9  regarding an agency’s opinion as to the effect of the
   10  petitioner’s criminal background on his or her eligibility for a
   11  specific occupational or professional license, registration, or
   12  certificate issued by the agency based on the applicable
   13  statutes and rules for the occupation or profession. The
   14  petition may include mitigating factors or other information the
   15  petitioner believes is relevant to establish the petitioner’s
   16  eligibility, including, but not limited to, the time elapsed
   17  since completion of or lawful release from confinement,
   18  supervision, or nonmonetary condition imposed by the court for a
   19  disqualifying offense, and the petitioner’s standing in his or
   20  her community. A person may seek a declaratory statement under
   21  this subsection before attaining any education, training,
   22  experience, or other prerequisites for the license,
   23  registration, or certification.
   24         (b) The agency’s conclusion in the declaratory statement
   25  must indicate whether:
   26         1. The petitioner is disqualified from obtaining the
   27  license, registration, or certification due to the petitioner’s
   28  criminal background, regardless of the petitioner’s education,
   29  training, experience, or other prerequisites required for the
   30  license, registration, or certification.
   31         2. The petitioner is not eligible for a specified
   32  occupational or professional license, registration, or
   33  certification because of his or her criminal background, but
   34  that the conclusion may be reversed upon the petitioner’s
   35  presentation of evidence of rehabilitation or mitigation
   36  identified by the agency in the declaratory statement at any
   37  time subsequent to the issuance of the declaratory statement.
   38         3. Federal laws or regulations may impede the petitioner’s
   39  licensure, registration, or certification in the profession or
   40  occupation.
   41         4. Conditions or restrictions imposed by the court on the
   42  petitioner for a disqualifying offense may impede the
   43  petitioner’s licensure, registration, or certification in the
   44  profession or occupation.
   45         (c) The agency’s conclusion in the declaratory statement
   46  shall be binding on the agency as to the petitioner, unless the
   47  petitioner’s subsequent criminal history constitutes an
   48  independent basis for denial of the petitioner’s application for
   49  a license, registration, or certification in the profession or
   50  occupation. The agency’s conclusion is subject to judicial
   51  review pursuant to s. 120.68.
   52         (d) A person seeking a declaratory statement under this
   53  subsection must submit to the agency, in addition to the
   54  petition for a declaratory statement:
   55         1. A fee set by the agency not to exceed $100;
   56         2. A certified copy of each criminal judgment rendered
   57  against the petitioner; and
   58         3. A complete set of electronic fingerprints.
   59         (e) The agency shall submit the fingerprints to the
   60  Department of Law Enforcement for a state criminal history
   61  record check and the Department of Law Enforcement shall forward
   62  them to the Federal Bureau of Investigation for a national
   63  criminal history record check. The agency shall review the
   64  criminal history record results to determine if the petitioner
   65  meets licensure, registration, or certification requirements.
   66  The petitioner shall pay the actual cost of state and federal
   67  processing in addition to the fee in subparagraph (d)1.
   68         Section 5. Subsection (13) of section 326.004, Florida
   69  Statutes, is amended to read:
   70         326.004 Licensing.—
   71         (13) Each broker must maintain a principal place of
   72  business in this state and may establish branch offices in the
   73  state. A separate license must be maintained for each branch
   74  office. The division shall establish by rule a fee not to exceed
   75  $100 for each branch office license.
   76         Section 6. Subsection (3) of section 447.02, Florida
   77  Statutes, is amended to read:
   78         447.02 Definitions.—The following terms, when used in this
   79  chapter, shall have the meanings ascribed to them in this
   80  section:
   81         (3)The term “department” means the Department of Business
   82  and Professional Regulation.
   83         Section 7. Section 447.04, Florida Statutes, is repealed.
   84         Section 8. Section 447.041, Florida Statutes, is repealed.
   85         Section 9. Section 447.045, Florida Statutes, is repealed.
   86         Section 10. Section 447.06, Florida Statutes, is repealed.
   87         Section 11. Subsections (6) and (8) of section 447.09,
   88  Florida Statutes, are amended to read:
   89         447.09 Right of franchise preserved; penalties.—It shall be
   90  unlawful for any person:
   91         (6)To act as a business agent without having obtained and
   92  possessing a valid and subsisting license or permit.
   93         (8)To make any false statement in an application for a
   94  license.
   95         Section 12. Section 447.12, Florida Statutes, is repealed.
   96         Section 13. Section 447.16, Florida Statutes, is repealed.
   97         Section 14. Subsection (4) of section 447.305, Florida
   98  Statutes, is amended to read:
   99         447.305 Registration of employee organization.—
  100         (4)Notification of registrations and renewals of
  101  registration shall be furnished at regular intervals by the
  102  commission to the Department of Business and Professional
  103  Regulation.
  104         Section 15. Present subsections (3) through (12) of section
  105  455.213, Florida Statutes, are redesignated as subsections (4)
  106  through (13), respectively, subsection (2) of that section is
  107  amended, and a new subsection (3) is added to that section, to
  108  read:
  109         455.213 General licensing provisions.—
  110         (2) Before the issuance of any license, the department may
  111  charge an initial license fee as determined by rule of the
  112  applicable board or, if no such board exists, by rule of the
  113  department. Upon receipt of the appropriate license fee, except
  114  as provided in subsection (4) (3), the department shall issue a
  115  license to any person certified by the appropriate board, or its
  116  designee, or the department when there is no board, as having
  117  met the applicable requirements imposed by law or rule. However,
  118  an applicant who is not otherwise qualified for licensure is not
  119  entitled to licensure solely based on a passing score on a
  120  required examination. Upon a determination by the department
  121  that it erroneously issued a license, or upon the revocation of
  122  a license by the applicable board, or by the department when
  123  there is no board, the licensee must surrender his or her
  124  license to the department.
  125         (3)(a) Notwithstanding any other provision of law, the
  126  board shall use the process in this subsection for review of an
  127  applicant’s criminal record to determine his or her eligibility
  128  for licensure as a:
  129         1. Barber under chapter 476;
  130         2. Cosmetologist or cosmetology specialist under chapter
  131  477; or
  132         3. Any of the following construction professions under
  133  chapter 489:
  134         a. Air-conditioning contractor;
  135         b.Electrical contractor;
  136         c. Mechanical contractor;
  137         d. Plumbing contractor;
  138         e. Pollutant storage systems contractor;
  139         f. Roofing contractor;
  140         g. Septic tank contractor;
  141         h. Sheet metal contractor;
  142         i. Solar contractor;
  143         j. Swimming pool and spa contractor;
  144         k. Underground utility and excavation contractor; and
  145         l. Other specialty contractors.
  146         (b) A conviction for a crime more than 5 years before the
  147  date of the application may not be grounds for denial of a
  148  license specified in paragraph (a). For purposes of this
  149  paragraph, the term “conviction” means a determination of guilt
  150  that is the result of a plea or trial, regardless of whether
  151  adjudication is withheld.
  152         (c)1. A person may apply for a license before his or her
  153  lawful release from confinement or supervision. The department
  154  may not charge an applicant an additional fee for being confined
  155  or under supervision. The board may not deny an application for
  156  a license solely on the basis of the applicant’s current
  157  confinement or supervision.
  158         2. After a license application is approved, the board may
  159  stay the issuance of a license until the applicant is lawfully
  160  released from confinement or supervision and the applicant
  161  notifies the board of such release. The board must verify the
  162  applicant’s release with the Department of Corrections before it
  163  issues a license.
  164         3. If an applicant is unable to appear in person due to his
  165  or her confinement or supervision, the board must permit the
  166  applicant to appear by teleconference or video conference, as
  167  appropriate, at any meeting of the board or other hearing by the
  168  agency concerning his or her application.
  169         4. If an applicant is confined or under supervision, the
  170  Department of Corrections and the board shall cooperate and
  171  coordinate to facilitate the appearance of the applicant at a
  172  board meeting or agency hearing in person, by teleconference, or
  173  by video conference, as appropriate.
  174         (d) The board shall adopt rules specifying the crimes that,
  175  if committed, and regardless of adjudication, do not relate to
  176  the practice of the profession or the ability to practice the
  177  profession and do not constitute grounds for denial of a
  178  license.
  179         (e) The board shall adopt rules specifying the crimes that,
  180  if committed, and regardless of adjudication, relate to the
  181  practice of the profession or the ability to practice the
  182  profession and may constitute grounds for denial of a license.
  183         Section 16. Present subsections (2) through (8) of section
  184  464.203, Florida Statutes, are redesignated as subsections (3)
  185  through (9), respectively, and a new subsection (2) is added to
  186  that section, to read:
  187         464.203 Certified nursing assistants; certification
  188  requirement.—
  189         (2)(a)1. Except as provided in s. 435.07(4), a conviction
  190  for a crime more than 7 years before the date of the application
  191  may not be grounds for denial of a certificate to practice as a
  192  certified nursing assistant.
  193         2. Except as provided in s. 435.07(4), a conviction for a
  194  crime more than 7 years before the date of the application may
  195  not be grounds for failure of a required background screening.
  196         3. For purposes of this paragraph, the term “conviction”
  197  means a determination of guilt that is the result of a plea or
  198  trial, regardless of whether adjudication is withheld.
  199         (b)1. A person may apply for a certificate to practice as a
  200  certified nursing assistant before his or her lawful release
  201  from confinement or supervision. The department may not charge
  202  an applicant an additional fee for being confined or under
  203  supervision. The board may not deny an application for a
  204  certificate solely on the basis of the person’s current
  205  confinement or supervision.
  206         2.After a certification application is approved, the board
  207  may stay the issuance of a certificate until the applicant
  208  notifies the board of his or her lawful release from confinement
  209  or supervision. The board must verify the applicant’s release
  210  with the Department of Corrections before it issues a license.
  211         3. If an applicant is unable to appear in person due to his
  212  or her confinement or supervision, the board must permit the
  213  applicant to appear by teleconference or video conference, as
  214  appropriate, at any meeting of the board or other hearing by the
  215  agency concerning his or her application.
  216         4. If an applicant is confined or under supervision, the
  217  Department of Corrections and the board shall cooperate and
  218  coordinate to facilitate the appearance of the applicant at a
  219  board meeting or agency hearing in person, by teleconference, or
  220  by video conference, as appropriate.
  221         (d) The board shall adopt rules specifying the crimes that,
  222  if committed, and regardless of adjudication, do not relate to
  223  the practice of the profession or the ability to practice the
  224  profession and do not constitute grounds for denial of a
  225  certification.
  226         (e) The board shall adopt rules specifying the crimes that,
  227  if committed, and regardless of adjudication, relate to the
  228  practice of the profession or the ability to practice the
  229  profession and may constitute grounds for denial of a
  230  certification.
  231         Section 17. Subsection (4) of section 400.211, Florida
  232  Statutes, is amended to read:
  233         400.211 Persons employed as nursing assistants;
  234  certification requirement.—
  235         (4) When employed by a nursing home facility for a 12-month
  236  period or longer, a nursing assistant, to maintain
  237  certification, shall submit to a performance review every 12
  238  months and must receive regular inservice education based on the
  239  outcome of such reviews. The inservice training must meet all of
  240  the following requirements:
  241         (a) Be sufficient to ensure the continuing competence of
  242  nursing assistants and must meet the standard specified in s.
  243  464.203(8). s. 464.203(7);
  244         (b) Include, at a minimum:
  245         1. Techniques for assisting with eating and proper feeding;
  246         2. Principles of adequate nutrition and hydration;
  247         3. Techniques for assisting and responding to the
  248  cognitively impaired resident or the resident with difficult
  249  behaviors;
  250         4. Techniques for caring for the resident at the end-of
  251  life; and
  252         5. Recognizing changes that place a resident at risk for
  253  pressure ulcers and falls.; and
  254         (c) Address areas of weakness as determined in nursing
  255  assistant performance reviews and may address the special needs
  256  of residents as determined by the nursing home facility staff.
  257  
  258  Costs associated with this training may not be reimbursed from
  259  additional Medicaid funding through interim rate adjustments.
  260         Section 18. Paragraphs (a) and (e) of subsection (2),
  261  subsection (3), paragraph (b) of subsection (4), and subsection
  262  (6) of section 469.006, Florida Statutes, are amended to read:
  263         469.006 Licensure of business organizations; qualifying
  264  agents.—
  265         (2)(a) If the applicant proposes to engage in consulting or
  266  contracting as a partnership, corporation, business trust, or
  267  other legal entity, or in any name other than the applicant’s
  268  legal name, the legal entity must apply for licensure through a
  269  qualifying agent or the individual applicant must apply for
  270  licensure under the fictitious name of the business
  271  organization.
  272         (e) A The license, when issued upon application of a
  273  business organization, must be in the name of the qualifying
  274  agent business organization, and the name of the business
  275  organization qualifying agent must be noted on the license
  276  thereon. If there is a change in any information that is
  277  required to be stated on the application, the qualifying agent
  278  business organization shall, within 45 days after such change
  279  occurs, mail the correct information to the department.
  280         (3) The qualifying agent must shall be licensed under this
  281  chapter in order for the business organization to be qualified
  282  licensed in the category of the business conducted for which the
  283  qualifying agent is licensed. If any qualifying agent ceases to
  284  be affiliated with such business organization, the agent shall
  285  so inform the department. In addition, if such qualifying agent
  286  is the only licensed individual affiliated with the business
  287  organization, the business organization shall notify the
  288  department of the termination of the qualifying agent and has
  289  shall have 60 days after from the date of termination of the
  290  qualifying agent’s affiliation with the business organization in
  291  which to employ another qualifying agent. The business
  292  organization may not engage in consulting or contracting until a
  293  qualifying agent is employed, unless the department has granted
  294  a temporary nonrenewable license to the financially responsible
  295  officer, the president, the sole proprietor, a partner, or, in
  296  the case of a limited partnership, the general partner, who
  297  assumes all responsibilities of a primary qualifying agent for
  298  the entity. This temporary license only allows shall only allow
  299  the entity to proceed with incomplete contracts.
  300         (4)
  301         (b) Upon a favorable determination by the department, after
  302  investigation of the financial responsibility, credit, and
  303  business reputation of the qualifying agent and the new business
  304  organization, the department shall issue, without any
  305  examination, a new license in the qualifying agent’s business
  306  organization’s name, and the name of the business organization
  307  qualifying agent shall be noted thereon.
  308         (6) Each qualifying agent shall pay the department an
  309  amount equal to the original fee for licensure of a new business
  310  organization. if the qualifying agent for a business
  311  organization desires to qualify additional business
  312  organizations., The department shall require the agent to
  313  present evidence of supervisory ability and financial
  314  responsibility of each such organization. Allowing a licensee to
  315  qualify more than one business organization must shall be
  316  conditioned upon the licensee showing that the licensee has both
  317  the capacity and intent to adequately supervise each business
  318  organization. The department may shall not limit the number of
  319  business organizations that which the licensee may qualify
  320  except upon the licensee’s failure to provide such information
  321  as is required under this subsection or upon a finding that the
  322  such information or evidence as is supplied is incomplete or
  323  unpersuasive in showing the licensee’s capacity and intent to
  324  comply with the requirements of this subsection. A qualification
  325  for an additional business organization may be revoked or
  326  suspended upon a finding by the department that the licensee has
  327  failed in the licensee’s responsibility to adequately supervise
  328  the operations of the business organization. Failure to
  329  adequately supervise the operations of a business organization
  330  is shall be grounds for denial to qualify additional business
  331  organizations.
  332         Section 19. Subsection (1) of section 469.009, Florida
  333  Statutes, is amended to read:
  334         469.009 License revocation, suspension, and denial of
  335  issuance or renewal.—
  336         (1) The department may revoke, suspend, or deny the
  337  issuance or renewal of a license; reprimand, censure, or place
  338  on probation any contractor, consultant, or financially
  339  responsible officer, or business organization; require financial
  340  restitution to a consumer; impose an administrative fine not to
  341  exceed $5,000 per violation; require continuing education; or
  342  assess costs associated with any investigation and prosecution
  343  if the contractor or consultant, or business organization or
  344  officer or agent thereof, is found guilty of any of the
  345  following acts:
  346         (a) Willfully or deliberately disregarding or violating the
  347  health and safety standards of the Occupational Safety and
  348  Health Act of 1970, the Construction Safety Act, the National
  349  Emission Standards for Asbestos, the Environmental Protection
  350  Agency Asbestos Abatement Projects Worker Protection Rule, the
  351  Florida Statutes or rules promulgated thereunder, or any
  352  ordinance enacted by a political subdivision of this state.
  353         (b) Violating any provision of chapter 455.
  354         (c) Failing in any material respect to comply with the
  355  provisions of this chapter or any rule promulgated hereunder.
  356         (d) Acting in the capacity of an asbestos contractor or
  357  asbestos consultant under any license issued under this chapter
  358  except in the name of the licensee as set forth on the issued
  359  license.
  360         (e) Proceeding on any job without obtaining all applicable
  361  approvals, authorizations, permits, and inspections.
  362         (f) Obtaining a license by fraud or misrepresentation.
  363         (g) Being convicted or found guilty of, or entering a plea
  364  of nolo contendere to, regardless of adjudication, a crime in
  365  any jurisdiction which directly relates to the practice of
  366  asbestos consulting or contracting or the ability to practice
  367  asbestos consulting or contracting.
  368         (h) Knowingly violating any building code, lifesafety code,
  369  or county or municipal ordinance relating to the practice of
  370  asbestos consulting or contracting.
  371         (i) Performing any act which assists a person or entity in
  372  engaging in the prohibited unlicensed practice of asbestos
  373  consulting or contracting, if the licensee knows or has
  374  reasonable grounds to know that the person or entity was
  375  unlicensed.
  376         (j) Committing mismanagement or misconduct in the practice
  377  of contracting that causes financial harm to a customer.
  378  Financial mismanagement or misconduct occurs when:
  379         1. Valid liens have been recorded against the property of a
  380  contractor’s customer for supplies or services ordered by the
  381  contractor for the customer’s job; the contractor has received
  382  funds from the customer to pay for the supplies or services; and
  383  the contractor has not had the liens removed from the property,
  384  by payment or by bond, within 75 days after the date of such
  385  liens;
  386         2. The contractor has abandoned a customer’s job and the
  387  percentage of completion is less than the percentage of the
  388  total contract price paid to the contractor as of the time of
  389  abandonment, unless the contractor is entitled to retain such
  390  funds under the terms of the contract or refunds the excess
  391  funds within 30 days after the date the job is abandoned; or
  392         3. The contractor’s job has been completed, and it is shown
  393  that the customer has had to pay more for the contracted job
  394  than the original contract price, as adjusted for subsequent
  395  change orders, unless such increase in cost was the result of
  396  circumstances beyond the control of the contractor, was the
  397  result of circumstances caused by the customer, or was otherwise
  398  permitted by the terms of the contract between the contractor
  399  and the customer.
  400         (k) Being disciplined by any municipality or county for an
  401  act or violation of this chapter.
  402         (l) Failing in any material respect to comply with the
  403  provisions of this chapter, or violating a rule or lawful order
  404  of the department.
  405         (m) Abandoning an asbestos abatement project in which the
  406  asbestos contractor is engaged or under contract as a
  407  contractor. A project may be presumed abandoned after 20 days if
  408  the contractor terminates the project without just cause and
  409  without proper notification to the owner, including the reason
  410  for termination; if the contractor fails to reasonably secure
  411  the project to safeguard the public while work is stopped; or if
  412  the contractor fails to perform work without just cause for 20
  413  days.
  414         (n) Signing a statement with respect to a project or
  415  contract falsely indicating that the work is bonded; falsely
  416  indicating that payment has been made for all subcontracted
  417  work, labor, and materials which results in a financial loss to
  418  the owner, purchaser, or contractor; or falsely indicating that
  419  workers’ compensation and public liability insurance are
  420  provided.
  421         (o) Committing fraud or deceit in the practice of asbestos
  422  consulting or contracting.
  423         (p) Committing incompetency or misconduct in the practice
  424  of asbestos consulting or contracting.
  425         (q) Committing gross negligence, repeated negligence, or
  426  negligence resulting in a significant danger to life or property
  427  in the practice of asbestos consulting or contracting.
  428         (r) Intimidating, threatening, coercing, or otherwise
  429  discouraging the service of a notice to owner under part I of
  430  chapter 713 or a notice to contractor under chapter 255 or part
  431  I of chapter 713.
  432         (s) Failing to satisfy, within a reasonable time, the terms
  433  of a civil judgment obtained against the licensee, or the
  434  business organization qualified by the licensee, relating to the
  435  practice of the licensee’s profession.
  436  
  437  For the purposes of this subsection, construction is considered
  438  to be commenced when the contract is executed and the contractor
  439  has accepted funds from the customer or lender.
  440         Section 20. Subsections (2) and (3) of section 476.034,
  441  Florida Statutes, are amended, and subsections (6) and (7) are
  442  added to that section, to read:
  443         476.034 Definitions.—As used in this act:
  444         (2) “Barbering” means any of the following practices when
  445  done for remuneration and for the public, but not when done for
  446  the treatment of disease or physical or mental ailments:
  447  shaving, cutting, trimming, coloring, shampooing, arranging,
  448  dressing, curling, or waving the hair or beard or applying oils,
  449  creams, lotions, or other preparations to the face, scalp, or
  450  neck, either by hand or by mechanical appliances, and includes
  451  any services defined as restricted barbering.
  452         (3) “Barbershop” means any place of business wherein the
  453  practice of barbering or restricted barbering is carried on.
  454         (6)“Restricted barber” means a person who is licensed to
  455  engage in the practice of restricted barbering in this state
  456  under the authority of this chapter and is subject to the same
  457  requirements and restrictions as a barber, except as
  458  specifically provided in s. 476.114.
  459         (7)“Restricted barbering” means any of the following
  460  practices when done for remuneration and for the public, but not
  461  when done for the treatment of disease or physical or mental
  462  ailments:
  463         (a)Hair cutting and styling, including the application of
  464  hair tonics and hair spray, but not including the application of
  465  other chemical preparations or solutions to the hair;
  466         (b)Full facial shaves;
  467         (c)Mustache and beard trimming; and
  468         (d)Shampooing hair, including the application of shampoos
  469  and conditioners, and blow drying the hair.
  470         Section 21. Section 476.114, Florida Statutes, is amended
  471  to read:
  472         476.114 Examination; prerequisites.—
  473         (1) A person desiring to be licensed as a barber shall
  474  apply to the department for licensure and.
  475         (2)An applicant shall be eligible for licensure by
  476  examination to practice barbering if the applicant:
  477         (a) Is at least 16 years of age;
  478         (b) Pays the required application fee; and
  479         (c)1. Holds an active valid license to practice barbering
  480  in another state, has held the license for at least 1 year, and
  481  does not qualify for licensure by endorsement as provided for in
  482  s. 476.144(5); or
  483         2. Has received a minimum of 1,200 hours of training as
  484  established by the board, which shall include, but shall not be
  485  limited to, the equivalent of completion of services directly
  486  related to the practice of barbering at one of the following:
  487         a. A school of barbering licensed pursuant to chapter 1005;
  488         b. A barbering program within the public school system; or
  489         c. A government-operated barbering program in this state.
  490  
  491  The board shall establish by rule procedures whereby the school
  492  or program may certify that a person is qualified to take the
  493  required examination after the completion of a minimum of 1,000
  494  actual school hours. If the person passes the examination, she
  495  or he shall have satisfied this requirement; but if the person
  496  fails the examination, she or he shall not be qualified to take
  497  the examination again until the completion of the full
  498  requirements provided by this section.
  499         (2)A person desiring to be licensed as a restricted barber
  500  shall apply to the department for licensure and shall be
  501  eligible for licensure by examination to practice restricted
  502  barbering if the applicant:
  503         (a)Is at least 16 years of age;
  504         (b)Pays the required application fee; and
  505         (c)1.Holds an active valid license to practice barbering
  506  in another state, has held the license for at least 1 year, and
  507  does not qualify for licensure by endorsement as provided for in
  508  s. 476.144(5); or
  509         2.Has received a minimum of 325 hours of training in
  510  sanitation, safety, and laws and rules, as established by the
  511  board, which must include, but not be limited to, the equivalent
  512  of completion of services directly related to the practice of
  513  restricted barbering at one of the following:
  514         a.A school of barbering licensed pursuant to chapter 1005;
  515         b.A barbering program within the public school system; or
  516         c.A government-operated barbering program in this state.
  517         (3) An applicant who meets the requirements set forth in
  518  subparagraphs (1)(c)1. and 2. subparagraphs (2)(c)1. and 2. who
  519  fails to pass the examination may take subsequent examinations
  520  as many times as necessary to pass, except that the board may
  521  specify by rule reasonable timeframes for rescheduling the
  522  examination and additional training requirements for applicants
  523  who, after the third attempt, fail to pass the examination.
  524  Before Prior to reexamination, the applicant must file the
  525  appropriate form and pay the reexamination fee as required by
  526  rule.
  527         Section 22. Subsections (1) and (6) of section 476.144,
  528  Florida Statutes, are amended to read:
  529         476.144 Licensure.—
  530         (1) The department shall license any applicant who the
  531  board certifies is qualified to practice barbering or restricted
  532  barbering in this state.
  533         (6) A person may apply for a restricted license to practice
  534  barbering. The board shall adopt rules specifying procedures for
  535  an applicant to obtain a restricted license if the applicant:
  536         (a)1. Has successfully completed a restricted barber
  537  course, as established by rule of the board, at a school of
  538  barbering licensed pursuant to chapter 1005, a barbering program
  539  within the public school system, or a government-operated
  540  barbering program in this state; or
  541         2.a. Holds or has within the previous 5 years held an
  542  active valid license to practice barbering in another state or
  543  country or has held a Florida barbering license which has been
  544  declared null and void for failure to renew the license, and the
  545  applicant fulfilled the requirements of s. 476.114(2)(c)2. for
  546  initial licensure; and
  547         b. Has not been disciplined relating to the practice of
  548  barbering in the previous 5 years; and
  549         (b) Passes a written examination on the laws and rules
  550  governing the practice of barbering in Florida, as established
  551  by the board.
  552  
  553  The restricted license shall limit the licensee’s practice to
  554  those specific areas in which the applicant has demonstrated
  555  competence pursuant to rules adopted by the board.
  556         Section 23. Subsections (6) and (9) of section 477.013,
  557  Florida Statutes, are amended to read:
  558         477.013 Definitions.—As used in this chapter:
  559         (6) “Specialty” means the practice of one or more of the
  560  following:
  561         (a) “Nail specialty” means manicuring, or the cutting,
  562  polishing, tinting, coloring, cleansing, adding, or extending of
  563  the nails, and massaging of the hands. This term includes any
  564  procedure or process for the affixing of artificial nails,
  565  except those nails which may be applied solely by use of a
  566  simple adhesive; and.
  567         (b) pedicuring, or the shaping, polishing, tinting, or
  568  cleansing of the nails of the feet, and massaging or beautifying
  569  of the feet.
  570         (b)(c)“Facial specialty” means facials, or the massaging
  571  or treating of the face or scalp with oils, creams, lotions, or
  572  other preparations, and skin care services.
  573         (c)“Full specialty” means all services within the
  574  definition of nail specialty and facial specialty, including
  575  manicuring, pedicuring, and facial services.
  576         (9) “Hair braiding” means the weaving or interweaving of
  577  natural human hair or commercial hair, including the use of hair
  578  extensions or wefts, for compensation without cutting, coloring,
  579  permanent waving, relaxing, removing, or chemical treatment and
  580  does not include the use of hair extensions or wefts.
  581         Section 24. Section 477.0132, Florida Statutes, is
  582  repealed.
  583         Section 25. Subsections (7) through (11) are added to
  584  section 477.0135, Florida Statutes, to read:
  585         477.0135 Exemptions.—
  586         (7)A license or registration is not required for a person
  587  whose occupation or practice is confined solely to hair braiding
  588  as defined in s. 477.013(9).
  589         (8)A license or registration is not required for a person
  590  whose occupation or practice is confined solely to hair wrapping
  591  as defined in s. 477.013(10).
  592         (9)A license or registration is not required for a person
  593  whose occupation or practice is confined solely to body wrapping
  594  as defined in s. 477.013(12).
  595         (10)A license or registration is not required for a person
  596  whose occupation or practice is confined solely to applying
  597  polish to fingernails and toenails.
  598         (11)A license or registration is not required for a person
  599  whose occupation or practice is confined solely to makeup
  600  application.
  601         Section 26. Paragraph (b) of subsection (7) of section
  602  477.019, Florida Statutes, is amended to read:
  603         477.019 Cosmetologists; qualifications; licensure;
  604  supervised practice; license renewal; endorsement; continuing
  605  education.—
  606         (7)
  607         (b)Any person whose occupation or practice is confined
  608  solely to hair braiding, hair wrapping, or body wrapping is
  609  exempt from the continuing education requirements of this
  610  subsection.
  611         Section 27. Present subsections (2) through (6) of section
  612  477.0201, Florida Statutes, are redesignated as subsections (4)
  613  through (8), respectively, new subsections (2) and (3) are added
  614  to that section, and subsection (1) of that section is amended
  615  to read:
  616         477.0201 Specialty registration; qualifications;
  617  registration renewal; endorsement.—
  618         (1) Any person is qualified for registration as a
  619  specialist in a nail any one or more of the specialty practice
  620  practices within the practice of cosmetology under this chapter
  621  who:
  622         (a) Is at least 16 years of age or has received a high
  623  school diploma.
  624         (b) Has received at least 150 hours of training as
  625  established by the board, which must focus primarily on
  626  sanitation and safety and must include, but not be limited to,
  627  the equivalent of completion of services directly related to the
  628  practice of a nail a certificate of completion in a specialty
  629  pursuant to s. 477.013(6)(a) 477.013(6) from one of the
  630  following:
  631         1. A school licensed pursuant to s. 477.023.
  632         2. A school licensed pursuant to chapter 1005 or the
  633  equivalent licensing authority of another state.
  634         3. A specialty program within the public school system.
  635         4. A specialty division within the Cosmetology Division of
  636  the Florida School for the Deaf and the Blind, provided the
  637  training programs comply with minimum curriculum requirements
  638  established by the board.
  639         (2)Any person is qualified for registration as a
  640  specialist in a facial specialty practice within the practice of
  641  cosmetology under this chapter who:
  642         (a)Is at least 16 years of age or has received a high
  643  school diploma.
  644         (b)Has received at least 165 hours of training as
  645  established by the board, which must focus on sanitation and
  646  safety and must include, but not be limited to, the equivalent
  647  of completion of services directly related to the practice of
  648  facial specialty pursuant to s. 477.013(6)(b) from one of the
  649  following:
  650         1.A school licensed pursuant to s. 477.023.
  651         2.A school licensed pursuant to chapter 1005 or the
  652  equivalent licensing authority of another state.
  653         3.A specialty program within the public school system.
  654         4.A specialty division within the Cosmetology Division of
  655  the Florida School for the Deaf and the Blind, provided the
  656  training programs comply with minimum curriculum requirements
  657  established by the board.
  658         (3)Any person is qualified for registration as a
  659  specialist in a full specialty practice within the practice of
  660  cosmetology under this chapter who:
  661         (a)Is at least 16 years of age or has received a high
  662  school diploma.
  663         (b)Has received at least 300 hours of training as
  664  established by the board, which must focus primarily on
  665  sanitation and safety and must include, but not be limited to,
  666  the equivalent of completion of services directly related to the
  667  practice of full specialty pursuant to s. 477.013(6)(c) from one
  668  of the following:
  669         1.A school licensed pursuant to s. 477.023.
  670         2.A school licensed pursuant to chapter 1005 or the
  671  equivalent licensing authority of another state.
  672         3.A specialty program within the public school system.
  673         4.A specialty division within the Cosmetology Division of
  674  the Florida School for the Deaf and the Blind, provided the
  675  training programs comply with minimum curriculum requirements
  676  established by the board.
  677         Section 28. Paragraph (f) of subsection (1) of section
  678  477.026, Florida Statutes, is amended to read:
  679         477.026 Fees; disposition.—
  680         (1) The board shall set fees according to the following
  681  schedule:
  682         (f)For hair braiders, hair wrappers, and body wrappers,
  683  fees for registration shall not exceed $25.
  684         Section 29. Paragraph (f) of subsection (1) of section
  685  477.0265, Florida Statutes, is amended to read:
  686         477.0265 Prohibited acts.—
  687         (1) It is unlawful for any person to:
  688         (f) Advertise or imply that skin care services or body
  689  wrapping, as performed under this chapter, have any relationship
  690  to the practice of massage therapy as defined in s. 480.033(3),
  691  except those practices or activities defined in s. 477.013.
  692         Section 30. Paragraph (a) of subsection (1) of section
  693  477.029, Florida Statutes, is amended to read:
  694         477.029 Penalty.—
  695         (1) It is unlawful for any person to:
  696         (a) Hold himself or herself out as a cosmetologist or,
  697  specialist, hair wrapper, hair braider, or body wrapper unless
  698  duly licensed or registered, or otherwise authorized, as
  699  provided in this chapter.
  700         Section 31. Subsection (5) of section 481.203, Florida
  701  Statutes, is amended to read:
  702         481.203 Definitions.—As used in this part:
  703         (5) “Business organization” means a partnership, a limited
  704  liability company, a corporation, or an individual operating
  705  under a fictitious name “Certificate of authorization” means a
  706  certificate issued by the department to a corporation or
  707  partnership to practice architecture or interior design.
  708         Section 32. Section 481.219, Florida Statutes, is amended
  709  to read:
  710         481.219 Business organization; qualifying agents
  711  Certification of partnerships, limited liability companies, and
  712  corporations.—
  713         (1) A licensee may The practice of or the offer to practice
  714  architecture or interior design by licensees through a business
  715  organization that offers corporation, limited liability company,
  716  or partnership offering architectural or interior design
  717  services to the public, or through by a business organization
  718  that offers corporation, limited liability company, or
  719  partnership offering architectural or interior design services
  720  to the public through such licensees under this part as agents,
  721  employees, officers, or partners, is permitted, subject to the
  722  provisions of this section.
  723         (2) If a licensee or an applicant proposes to engage in the
  724  practice of architecture or interior design as a business
  725  organization, the licensee or applicant must apply to qualify
  726  the business organization For the purposes of this section, a
  727  certificate of authorization shall be required for a
  728  corporation, limited liability company, partnership, or person
  729  practicing under a fictitious name, offering architectural
  730  services to the public jointly or separately. However, when an
  731  individual is practicing architecture in her or his own name,
  732  she or he shall not be required to be certified under this
  733  section. Certification under this subsection to offer
  734  architectural services shall include all the rights and
  735  privileges of certification under subsection (3) to offer
  736  interior design services.
  737         (a)An application to qualify a business organization must:
  738         1.If the business is a partnership, state the names of the
  739  partnership and its partners.
  740         2.If the business is a corporation, state the names of the
  741  corporation and its officers and directors and the name of each
  742  of its stockholders who is also an officer or a director.
  743         3.If the business is operating under a fictitious name,
  744  state the fictitious name under which it is doing business.
  745         4.If the business is not a partnership, a corporation, or
  746  operating under a fictitious name, state the name of such other
  747  legal entity and its members.
  748         (b)The board may deny an application to qualify a business
  749  organization if the applicant or any person required to be named
  750  pursuant to paragraph (a) has been involved in past disciplinary
  751  actions or on any grounds for which an individual registration
  752  may be denied.
  753         (3)(a)A business organization may not engage in the
  754  practice of architecture unless its qualifying agent is a
  755  registered architect under this part. A business organization
  756  may not engage in the practice of interior design unless its
  757  qualifying agent is a registered architect or a registered
  758  interior designer under this part. A qualifying agent who
  759  terminates her or his affiliation with a business organization
  760  shall immediately notify the department of such termination. If
  761  the qualifying agent who terminates her or his affiliation is
  762  the only qualifying agent for a business organization, the
  763  business organization must be qualified by another qualifying
  764  agent within 60 days after the termination. Except as provided
  765  in paragraph (b), the business organization may not engage in
  766  the practice of architecture or interior design until it is
  767  qualified by a qualifying agent.
  768         (b)In the event a qualifying architect or interior
  769  designer ceases employment with the business organization, the
  770  executive director or the chair of the board may authorize
  771  another registered architect or interior designer employed by
  772  the business organization to temporarily serve as its qualifying
  773  agent for a period of no more than 60 days. The business
  774  organization is not authorized to operate beyond such period
  775  under this chapter absent replacement of the qualifying
  776  architect or interior designer who has ceased employment.
  777         (c)A qualifying agent shall notify the department in
  778  writing before engaging in the practice of architecture or
  779  interior design in her or his own name or in affiliation with a
  780  different business organization, and she or he or such business
  781  organization shall supply the same information to the department
  782  as required of applicants under this part For the purposes of
  783  this section, a certificate of authorization shall be required
  784  for a corporation, limited liability company, partnership, or
  785  person operating under a fictitious name, offering interior
  786  design services to the public jointly or separately. However,
  787  when an individual is practicing interior design in her or his
  788  own name, she or he shall not be required to be certified under
  789  this section.
  790         (4) All final construction documents and instruments of
  791  service which include drawings, specifications, plans, reports,
  792  or other papers or documents that involve involving the practice
  793  of architecture which are prepared or approved for the use of
  794  the business organization corporation, limited liability
  795  company, or partnership and filed for public record within the
  796  state must shall bear the signature and seal of the licensee who
  797  prepared or approved them and the date on which they were
  798  sealed.
  799         (5) All drawings, specifications, plans, reports, or other
  800  papers or documents prepared or approved for the use of the
  801  business organization corporation, limited liability company, or
  802  partnership by an interior designer in her or his professional
  803  capacity and filed for public record within the state must shall
  804  bear the signature and seal of the licensee who prepared or
  805  approved them and the date on which they were sealed.
  806         (6)The department shall issue a certificate of
  807  authorization to any applicant who the board certifies as
  808  qualified for a certificate of authorization and who has paid
  809  the fee set in s. 481.207.
  810         (6)(7) The board shall allow certify an applicant to
  811  qualify one or more business organizations as qualified for a
  812  certificate of authorization to offer architectural or interior
  813  design services, or to use a fictitious name to offer such
  814  services, if provided that:
  815         (a) One or more of the principal officers of the
  816  corporation or limited liability company, or one or more
  817  partners of the partnership, and all personnel of the
  818  corporation, limited liability company, or partnership who act
  819  in its behalf in this state as architects, are registered as
  820  provided by this part; or
  821         (b) One or more of the principal officers of the
  822  corporation or one or more partners of the partnership, and all
  823  personnel of the corporation, limited liability company, or
  824  partnership who act in its behalf in this state as interior
  825  designers, are registered as provided by this part.
  826         (8)The department shall adopt rules establishing a
  827  procedure for the biennial renewal of certificates of
  828  authorization.
  829         (9)The department shall renew a certificate of
  830  authorization upon receipt of the renewal application and
  831  biennial renewal fee.
  832         (7)(10) Each qualifying agent approved to qualify a
  833  business organization partnership, limited liability company,
  834  and corporation certified under this section shall notify the
  835  department within 30 days after of any change in the information
  836  contained in the application upon which the qualification
  837  certification is based. Any registered architect or interior
  838  designer who qualifies the business organization shall ensure
  839  corporation, limited liability company, or partnership as
  840  provided in subsection (7) shall be responsible for ensuring
  841  responsible supervising control of projects of the business
  842  organization entity and shall notify the department of the upon
  843  termination of her or his employment with a business
  844  organization qualified partnership, limited liability company,
  845  or corporation certified under this section shall notify the
  846  department of the termination within 30 days after such
  847  termination.
  848         (8)(11)A business organization is not No corporation,
  849  limited liability company, or partnership shall be relieved of
  850  responsibility for the conduct or acts of its agents, employees,
  851  or officers by reason of its compliance with this section.
  852  However, except as provided in s. 558.0035, the architect who
  853  signs and seals the construction documents and instruments of
  854  service is shall be liable for the professional services
  855  performed, and the interior designer who signs and seals the
  856  interior design drawings, plans, or specifications is shall be
  857  liable for the professional services performed.
  858         (12)Disciplinary action against a corporation, limited
  859  liability company, or partnership shall be administered in the
  860  same manner and on the same grounds as disciplinary action
  861  against a registered architect or interior designer,
  862  respectively.
  863         (9)(13)Nothing in This section may not shall be construed
  864  to mean that a certificate of registration to practice
  865  architecture or interior design must shall be held by a business
  866  organization corporation, limited liability company, or
  867  partnership. Nothing in This section does not prohibit a
  868  business organization from offering prohibits corporations,
  869  limited liability companies, and partnerships from joining
  870  together to offer architectural, engineering, interior design,
  871  surveying and mapping, and landscape architectural services, or
  872  any combination of such services, to the public if the business
  873  organization, provided that each corporation, limited liability
  874  company, or partnership otherwise meets the requirements of law.
  875         (10)(14)A business organization that is qualified by a
  876  registered architect may use Corporations, limited liability
  877  companies, or partnerships holding a valid certificate of
  878  authorization to practice architecture shall be permitted to use
  879  in their title the term “interior designer” or “registered
  880  interior designer” in its title. designer.”
  881         Section 33. Subsection (10) of section 481.221, Florida
  882  Statutes, is amended to read:
  883         481.221 Seals; display of certificate number.—
  884         (10) Each registered architect or interior designer must,
  885  and each corporation, limited liability company, or partnership
  886  holding a certificate of authorization, shall include her or his
  887  license its certificate number in any newspaper, telephone
  888  directory, or other advertising medium used by the registered
  889  licensee. Each business organization must include the license
  890  number of the registered architect or interior designer who
  891  serves as the qualifying agent for that business organization in
  892  any newspaper, telephone directory, or other advertising medium
  893  used by the business organization, but is not required to
  894  display the license numbers of other registered architects or
  895  interior designers employed by the business organization
  896  architect, interior designer, corporation, limited liability
  897  company, or partnership. A corporation, limited liability
  898  company, or partnership is not required to display the
  899  certificate number of individual registered architects or
  900  interior designers employed by or working within the
  901  corporation, limited liability company, or partnership.
  902         Section 34. Paragraphs (a) and (c) of subsection (5) of
  903  section 481.229, Florida Statutes, are amended to read:
  904         481.229 Exceptions; exemptions from licensure.—
  905         (5)(a) Nothing contained in This part does not prohibit
  906  shall prevent a registered architect or a qualified business
  907  organization partnership, limited liability company, or
  908  corporation holding a valid certificate of authorization to
  909  provide architectural services from performing any interior
  910  design service or from using the title “interior designer” or
  911  “registered interior designer.”
  912         (c) Notwithstanding any other provision of this part, a
  913  registered architect or business organization qualified any
  914  corporation, partnership, or person operating under a fictitious
  915  name which holds a certificate of authorization to provide
  916  architectural services must shall be qualified, without fee, for
  917  a certificate of authorization to provide interior design
  918  services upon submission of a completed application for
  919  qualification therefor. For corporations, partnerships, and
  920  persons operating under a fictitious name which hold a
  921  certificate of authorization to provide interior design
  922  services, satisfaction of the requirements for renewal of the
  923  certificate of authorization to provide architectural services
  924  under s. 481.219 shall be deemed to satisfy the requirements for
  925  renewal of the certificate of authorization to provide interior
  926  design services under that section.
  927         Section 35. Section 481.303, Florida Statutes, is reordered
  928  and amended to read:
  929         481.303 Definitions.—As used in this chapter, the term:
  930         (1) “Board” means the Board of Landscape Architecture.
  931         (2)“Business organization” means any partnership, limited
  932  liability company, corporation, or individual operating under a
  933  fictitious name.
  934         (4)(2) “Department” means the Department of Business and
  935  Professional Regulation.
  936         (7)(3) “Registered landscape architect” means a person who
  937  holds a license to practice landscape architecture in this state
  938  under the authority of this act.
  939         (3)(4) “Certificate of registration” means a license issued
  940  by the department to a natural person to engage in the practice
  941  of landscape architecture.
  942         (5) “Certificate of authorization” means a license issued
  943  by the department to a corporation or partnership to engage in
  944  the practice of landscape architecture.
  945         (5)(6) “Landscape architecture” means professional
  946  services, including, but not limited to, the following:
  947         (a) Consultation, investigation, research, planning,
  948  design, preparation of drawings, specifications, contract
  949  documents and reports, responsible construction supervision, or
  950  landscape management in connection with the planning and
  951  development of land and incidental water areas, including the
  952  use of Florida-friendly landscaping as defined in s. 373.185,
  953  where, and to the extent that, the dominant purpose of such
  954  services or creative works is the preservation, conservation,
  955  enhancement, or determination of proper land uses, natural land
  956  features, ground cover and plantings, or naturalistic and
  957  aesthetic values;
  958         (b) The determination of settings, grounds, and approaches
  959  for and the siting of buildings and structures, outdoor areas,
  960  or other improvements;
  961         (c) The setting of grades, shaping and contouring of land
  962  and water forms, determination of drainage, and provision for
  963  storm drainage and irrigation systems where such systems are
  964  necessary to the purposes outlined herein; and
  965         (d) The design of such tangible objects and features as are
  966  necessary to the purpose outlined herein.
  967         (6)(7) “Landscape design” means consultation for and
  968  preparation of planting plans drawn for compensation, including
  969  specifications and installation details for plant materials,
  970  soil amendments, mulches, edging, gravel, and other similar
  971  materials. Such plans may include only recommendations for the
  972  conceptual placement of tangible objects for landscape design
  973  projects. Construction documents, details, and specifications
  974  for tangible objects and irrigation systems shall be designed or
  975  approved by licensed professionals as required by law.
  976         Section 36. Subsection (4) of section 481.311, Florida
  977  Statutes, is amended to read:
  978         481.311 Licensure.—
  979         (4)The board shall certify as qualified for a certificate
  980  of authorization any applicant corporation or partnership who
  981  satisfies the requirements of s. 481.319.
  982         Section 37. Subsection (2) of section 481.317, Florida
  983  Statutes, is amended to read:
  984         481.317 Temporary certificates.—
  985         (2)Upon approval by the board and payment of the fee set
  986  in s. 481.307, the department shall grant a temporary
  987  certificate of authorization for work on one specified project
  988  in this state for a period not to exceed 1 year to an out-of
  989  state corporation, partnership, or firm, provided one of the
  990  principal officers of the corporation, one of the partners of
  991  the partnership, or one of the principals in the fictitiously
  992  named firm has obtained a temporary certificate of registration
  993  in accordance with subsection (1).
  994         Section 38. Section 481.319, Florida Statutes, is amended
  995  to read:
  996         481.319 Corporate and partnership practice of landscape
  997  architecture; certificate of authorization.—
  998         (1) The practice of or offer to practice landscape
  999  architecture by registered landscape architects registered under
 1000  this part through a corporation or partnership offering
 1001  landscape architectural services to the public, or through a
 1002  corporation or partnership offering landscape architectural
 1003  services to the public through individual registered landscape
 1004  architects as agents, employees, officers, or partners, is
 1005  permitted, subject to the provisions of this section, if:
 1006         (a) One or more of the principal officers of the
 1007  corporation, or partners of the partnership, and all personnel
 1008  of the corporation or partnership who act in its behalf as
 1009  landscape architects in this state are registered landscape
 1010  architects; and
 1011         (b) One or more of the officers, one or more of the
 1012  directors, one or more of the owners of the corporation, or one
 1013  or more of the partners of the partnership is a registered
 1014  landscape architect and has applied to be the qualifying agent
 1015  for the business organization; and
 1016         (c)The corporation or partnership has been issued a
 1017  certificate of authorization by the board as provided herein.
 1018         (2) All documents involving the practice of landscape
 1019  architecture which are prepared for the use of the corporation
 1020  or partnership shall bear the signature and seal of a registered
 1021  landscape architect.
 1022         (3) A landscape architect applying to practice in the name
 1023  of a An applicant corporation must shall file with the
 1024  department the names and addresses of all officers and board
 1025  members of the corporation, including the principal officer or
 1026  officers, duly registered to practice landscape architecture in
 1027  this state and, also, of all individuals duly registered to
 1028  practice landscape architecture in this state who shall be in
 1029  responsible charge of the practice of landscape architecture by
 1030  the corporation in this state. A landscape architect applying to
 1031  practice in the name of a An applicant partnership must shall
 1032  file with the department the names and addresses of all partners
 1033  of the partnership, including the partner or partners duly
 1034  registered to practice landscape architecture in this state and,
 1035  also, of an individual or individuals duly registered to
 1036  practice landscape architecture in this state who shall be in
 1037  responsible charge of the practice of landscape architecture by
 1038  said partnership in this state.
 1039         (4) Each landscape architect qualifying a partnership or
 1040  and corporation licensed under this part must shall notify the
 1041  department within 1 month after of any change in the information
 1042  contained in the application upon which the license is based.
 1043  Any landscape architect who terminates her or his or her
 1044  employment with a partnership or corporation licensed under this
 1045  part shall notify the department of the termination within 1
 1046  month after such termination.
 1047         (5)Disciplinary action against a corporation or
 1048  partnership shall be administered in the same manner and on the
 1049  same grounds as disciplinary action against a registered
 1050  landscape architect.
 1051         (5)(6) Except as provided in s. 558.0035, the fact that a
 1052  registered landscape architect practices landscape architecture
 1053  through a corporation or partnership as provided in this section
 1054  does not relieve the landscape architect from personal liability
 1055  for her or his or her professional acts.
 1056         Section 39. Subsection (5) of section 481.321, Florida
 1057  Statutes, is amended to read:
 1058         481.321 Seals; display of certificate number.—
 1059         (5) Each registered landscape architect must and each
 1060  corporation or partnership holding a certificate of
 1061  authorization shall include her or his its certificate number in
 1062  any newspaper, telephone directory, or other advertising medium
 1063  used by the registered landscape architect, corporation, or
 1064  partnership. A corporation or partnership must is not required
 1065  to display the certificate number numbers of at least one
 1066  officer, director, owner, or partner who is a individual
 1067  registered landscape architect architects employed by or
 1068  practicing with the corporation or partnership.
 1069         Section 40. Subsection (5) of section 481.329, Florida
 1070  Statutes, is amended to read:
 1071         481.329 Exceptions; exemptions from licensure.—
 1072         (5) This part does not prohibit any person from engaging in
 1073  the practice of landscape design, as defined in s. 481.303(6)
 1074  481.303(7), or from submitting for approval to a governmental
 1075  agency planting plans that are independent of, or a component
 1076  of, construction documents that are prepared by a Florida
 1077  registered professional. Persons providing landscape design
 1078  services may shall not use the title, term, or designation
 1079  “landscape architect,” “landscape architectural,” “landscape
 1080  architecture,” “L.A.,” “landscape engineering,” or any
 1081  description tending to convey the impression that she or he is a
 1082  landscape architect unless she or he is registered as provided
 1083  in this part.
 1084         Section 41. Paragraph (h) of subsection (2) of section
 1085  287.055, Florida Statutes, is amended to read:
 1086         287.055 Acquisition of professional architectural,
 1087  engineering, landscape architectural, or surveying and mapping
 1088  services; definitions; procedures; contingent fees prohibited;
 1089  penalties.—
 1090         (2) DEFINITIONS.—For purposes of this section:
 1091         (h) A “design-build firm” means a partnership, corporation,
 1092  or other legal entity that:
 1093         1. Is certified under s. 489.119 to engage in contracting
 1094  through a certified or registered general contractor or a
 1095  certified or registered building contractor as the qualifying
 1096  agent; or
 1097         2. Is certified under s. 471.023 to practice or to offer to
 1098  practice engineering; qualified certified under s. 481.219 to
 1099  practice or to offer to practice architecture; or qualified
 1100  certified under s. 481.319 to practice or to offer to practice
 1101  landscape architecture.
 1102         Section 42. Present paragraphs (j) and (k) of subsection
 1103  (2) of section 548.003, Florida Statutes, are redesignated as
 1104  paragraphs (i) and (j), respectively, and present paragraph (i)
 1105  of that subsection is amended, to read:
 1106         548.003 Florida State Boxing Commission.—
 1107         (2) The Florida State Boxing Commission, as created by
 1108  subsection (1), shall administer the provisions of this chapter.
 1109  The commission has authority to adopt rules pursuant to ss.
 1110  120.536(1) and 120.54 to implement the provisions of this
 1111  chapter and to implement each of the duties and responsibilities
 1112  conferred upon the commission, including, but not limited to:
 1113         (i)Designation and duties of a knockdown timekeeper.
 1114         Section 43. Subsection (1) of section 548.017, Florida
 1115  Statutes, is amended to read:
 1116         548.017 Participants, managers, and other persons required
 1117  to have licenses.—
 1118         (1) A participant, manager, trainer, second, timekeeper,
 1119  referee, judge, announcer, physician, matchmaker, or promoter
 1120  must be licensed before directly or indirectly acting in such
 1121  capacity in connection with any match involving a participant. A
 1122  physician approved by the commission must be licensed pursuant
 1123  to chapter 458 or chapter 459, must maintain an unencumbered
 1124  license in good standing, and must demonstrate satisfactory
 1125  medical training or experience in boxing, or a combination of
 1126  both, to the executive director before working as the ringside
 1127  physician.
 1128  
 1129  ================= T I T L E  A M E N D M E N T ================
 1130  And the title is amended as follows:
 1131         Delete lines 2 - 12
 1132  and insert:
 1133         An act relating to licensing and training; amending s.
 1134         944.801, F.S.; authorizing the Department of
 1135         Corrections to contract with certain entities to
 1136         provide educational services for the Correctional
 1137         Education Program; amending s. 951.176, F.S.;
 1138         authorizing each county to contract with certain
 1139         entities to provide educational services for county
 1140         inmates; amending s. 1011.80, F.S.; removing a
 1141         provision prohibiting state funds for the operation of
 1142         postsecondary workforce programs from being used for
 1143         the education of certain state inmates; amending s.
 1144         120.565, F.S.; authorizing a person to seek a
 1145         declaratory statement from an agency as to the effect
 1146         of the person’s criminal background on his or her
 1147         eligibility for certain licenses, registrations, or
 1148         certificates; specifying that a person may seek a
 1149         declaratory statement before meeting any prerequisites
 1150         for the license, registration, or certification;
 1151         requiring that an agency’s conclusion in the
 1152         declaratory statement contain certain statements;
 1153         providing that the agency’s conclusion is binding
 1154         except under certain circumstances; requiring a person
 1155         seeking a declaratory statement to submit certain
 1156         items to the agency and pay certain fees and costs;
 1157         providing requirements for the processing of the
 1158         fingerprints; requiring the petitioner to pay the
 1159         actual cost of processing the fingerprints; amending
 1160         s. 326.004, F.S.; deleting the requirement for a yacht
 1161         broker to maintain a separate license for each branch
 1162         office; deleting the requirement for the Division of
 1163         Florida Condominiums, Timeshares, and Mobile Homes to
 1164         establish a fee; amending s. 447.02, F.S.; conforming
 1165         provisions; repealing s. 447.04, F.S., relating to
 1166         licensure and permit requirements for business agents;
 1167         repealing s. 447.041, F.S., relating to hearings for
 1168         persons or labor organizations denied licensure as
 1169         business agents; repealing s. 447.045, F.S., relating
 1170         to confidential information obtained during the
 1171         application process; repealing s. 447.06, F.S.,
 1172         relating to required registration of labor
 1173         organizations; amending s. 447.09, F.S.; deleting
 1174         certain prohibited actions relating to the right of
 1175         franchise of a member of a labor organization;
 1176         repealing s. 447.12, F.S., relating to registration
 1177         fees; repealing s. 447.16, F.S., relating to
 1178         applicability; amending s. 447.305, F.S.; deleting a
 1179         provision that requires notification of registrations
 1180         and renewals to the Department of Business and
 1181         Professional Regulation; amending s. 455.213, F.S.;
 1182         conforming a cross-reference; requiring the board to
 1183         use a specified process for the review of an
 1184         applicant’s criminal record to determine the
 1185         applicant’s eligibility for certain licenses;
 1186         prohibiting the conviction of a crime before a
 1187         specified date from being grounds for the denial of
 1188         certain licenses; defining the term “conviction”;
 1189         authorizing a person to apply for a license before his
 1190         or her lawful release from confinement or supervision;
 1191         prohibiting additional fees for an applicant confined
 1192         or under supervision; prohibiting the board from
 1193         basing a denial of a license application solely on the
 1194         applicant’s current confinement or supervision;
 1195         authorizing the board to stay the issuance of an
 1196         approved license under certain circumstances;
 1197         requiring the board to verify an applicant’s release
 1198         with the Department of Corrections; providing
 1199         requirements for the appearance of certain applicants
 1200         at certain meetings; requiring the board to adopt
 1201         rules specifying how certain crimes affect an
 1202         applicant’s eligibility for licensure; amending s.
 1203         464.203, F.S.; prohibiting the conviction of a crime
 1204         before a specified date from being grounds for the
 1205         denial of a certification under certain circumstances;
 1206         prohibiting the conviction of a crime before a
 1207         specified date from being grounds for the failure of a
 1208         background screening; defining the term “conviction”;
 1209         authorizing a person to apply for certification before
 1210         his or her lawful release from confinement or
 1211         supervision; prohibiting additional fees for an
 1212         applicant confined or under supervision; prohibiting
 1213         the board from basing the denial of a certification
 1214         solely on the applicant’s current confinement or
 1215         supervision; authorizing the board to stay the
 1216         issuance of an approved certificate under certain
 1217         circumstances; requiring the board to verify an
 1218         applicant’s release with the Department of
 1219         Corrections; providing requirements for the appearance
 1220         of certain applicants at certain meetings; requiring
 1221         the board to adopt rules specifying how certain crimes
 1222         may affect an applicant’s eligibility for
 1223         certification; amending s. 400.211, F.S.; conforming a
 1224         cross-reference; amending s. 469.006, F.S.; revising
 1225         licensure requirements for asbestos abatement
 1226         consulting or contracting as a partnership,
 1227         corporation, business trust, or other legal entity;
 1228         amending s. 469.009, F.S.; conforming provisions;
 1229         amending s. 476.034, F.S.; defining the terms
 1230         “restricted barber” and “restricted barbering”;
 1231         amending s. 476.114, F.S.; providing requirements for
 1232         licensure by examination as a restricted barber;
 1233         amending s. 476.144, F.S.; requiring the Department of
 1234         Business and Professional Regulation to license an
 1235         applicant who the board certifies is qualified to
 1236         practice restricted barbering; amending s. 477.013,
 1237         F.S.; revising and providing definitions; repealing s.
 1238         477.0132, F.S., relating to registration for hair
 1239         braiding, hair wrapping, and body wrapping; amending
 1240         s. 477.0135, F.S.; providing that licensure or
 1241         registration is not required for persons whose
 1242         occupation or practice is confined solely to hair
 1243         braiding, hair wrapping, body wrapping, nail
 1244         polishing, and makeup application; amending s.
 1245         477.019, F.S.; conforming provisions; amending s.
 1246         477.0201, F.S.; providing requirements for
 1247         registration as a nail specialist, facial specialist,
 1248         or full specialist; amending ss. 477.026, 477.0265,
 1249         and 477.029, F.S.; conforming provisions; amending s.
 1250         481.203, F.S.; revising a definition; amending s.
 1251         481.219, F.S.; revising the process by which a
 1252         business organization obtains the requisite license to
 1253         perform architectural services or interior design;
 1254         requiring that a licensee or an applicant apply to
 1255         qualify a business organization to practice
 1256         architecture or interior design; providing application
 1257         requirements; authorizing the Board of Architecture
 1258         and Interior Design to deny an application under
 1259         certain circumstances; providing notice requirements;
 1260         prohibiting a business organization from engaging in
 1261         certain practices until it is qualified by a
 1262         qualifying agent; authorizing the executive director
 1263         or the chair of the board to authorize a temporary
 1264         qualifying agent for a specified timeframe under
 1265         certain circumstances; requiring the board to allow an
 1266         applicant to qualify one or more business
 1267         organizations or to operate using a fictitious name
 1268         under certain circumstances; deleting a requirement
 1269         for the administration of disciplinary action against
 1270         a corporation, limited liability company, or
 1271         partnership; conforming provisions to changes made by
 1272         the act; amending s. 481.221, F.S.; requiring a
 1273         business organization to include the license number of
 1274         a certain registered architect or interior designer in
 1275         any advertising; providing an exception; conforming
 1276         provisions to changes made by the act; amending s.
 1277         481.229, F.S.; conforming provisions to changes made
 1278         by the act; amending s. 481.303, F.S.; revising
 1279         definitions; amending ss. 481.311 and 481.317, F.S.;
 1280         conforming provisions; amending s. 481.319, F.S.;
 1281         deleting the requirement for a certificate of
 1282         authorization; authorizing landscape architects to
 1283         practice through a corporation or partnership;
 1284         amending s. 481.321, F.S.; revising requirements
 1285         related to the display of a certificate number;
 1286         amending s. 481.329, F.S.; conforming a cross
 1287         reference; amending s. 287.055, F.S.; conforming a
 1288         provision; amending s. 548.003, F.S.; deleting the
 1289         requirement that the Florida State Boxing Commission
 1290         adopt rules relating to a knockdown timekeeper;
 1291         amending s. 548.017, F.S.; deleting the licensure
 1292         requirement for a timekeeper or announcer; providing
 1293         an