Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1640
       
       
       
       
       
       
                                Ì468322ÊÎ468322                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2019           .                                
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       The Committee on Innovation, Industry, and Technology
       (Albritton) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 326 - 2921
    4  and insert:
    5  examinations to be substantially equivalent or more stringent to
    6  those under the practice act, the department or board must post
    7  on its website which jurisdictions have such reciprocal
    8  licensing agreements or substantially similar licenses.
    9         Section 13. Section 468.381, Florida Statutes, is repealed.
   10         Section 14. Section 468.382, Florida Statutes, is amended
   11  to read:
   12         468.382 Definitions.—As used in this act, the term:
   13         (1)(8) “Absolute auction” means an auction that requires no
   14  minimum opening bid that limits the sale other than to the
   15  highest bidder.
   16         (2)(7) “Agricultural product” means the natural products
   17  from a farm, nursery, grove, orchard, vineyard, garden, or
   18  apiary, including livestock, tobacco, and vegetables and
   19  includes those agricultural products as defined in chapter 618.
   20         (3)(1) “Auction business” means a sole proprietorship,
   21  partnership, or corporation which in the regular course of
   22  business arranges, manages, sponsors, advertises, promotes, or
   23  carries out auctions, employs auctioneers to conduct auctions in
   24  its facilities, or uses or allows the use of its facilities for
   25  auctions.
   26         (4)(2) “Auctioneer” means any person who conducts auctions
   27  within the state licensed pursuant to this part who holds a
   28  valid Florida auctioneer license.
   29         (3)“Apprentice” means any person who is being trained as
   30  an auctioneer by a licensed auctioneer.
   31         (4)“Board” means the Florida Board of Auctioneers.
   32         (5)“Department” means the Department of Business and
   33  Professional Regulation.
   34         (5)(6) “Livestock” means any animal included in the
   35  definition of “livestock” by s. 585.01 or s. 588.13.
   36         Section 15. Section 468.384, Florida Statutes, is repealed.
   37         Section 16. Section 468.385, Florida Statutes, is repealed.
   38         Section 17. Section 468.3851, Florida Statutes, is
   39  repealed.
   40         Section 18. Section 468.3852, Florida Statutes, is
   41  repealed.
   42         Section 19. Section 468.3855, Florida Statutes, is
   43  repealed.
   44         Section 20. Section 468.386, Florida Statutes, is repealed.
   45         Section 21. Section 468.387, Florida Statutes, is repealed.
   46         Section 22. Subsections (6) through (11) of section
   47  468.388, Florida Statutes, are renumbered as subsections (4)
   48  through (9), respectively, and present subsections (3), (4),
   49  (5), (9), (10), and (11) are amended to read:
   50         468.388 Conduct of an auction.—
   51         (3) Each auctioneer or auction business shall maintain a
   52  record book of all sales. The record book shall be open to
   53  inspection by the board at reasonable times.
   54         (4)Each auction must be conducted by an auctioneer who has
   55  an active license or by an apprentice who has an active
   56  apprentice auctioneer license and who has received prior written
   57  sponsor consent. Each auction must be conducted under the
   58  auspices of a licensed auction business. Any auctioneer or
   59  apprentice auctioneer conducting an auction, and any auction
   60  business under whose auspices such auction is held, shall be
   61  responsible for determining that any auctioneer, apprentice, or
   62  auction business with whom they are associated in conducting
   63  such auction has an active Florida auctioneer, apprentice, or
   64  auction business license.
   65         (5)The principal auctioneer shall prominently display at
   66  the auction site the licenses of the principal auctioneer, the
   67  auction business, and any other licensed auctioneers or
   68  apprentices who are actively participating in the auction. If
   69  such a display is not practicable, then an oral announcement at
   70  the beginning of the auction or a prominent written announcement
   71  that these licenses are available for inspection at the auction
   72  site must be made.
   73         (7)(9) The auction business under which the auction is
   74  conducted is responsible for all other aspects of the auction as
   75  required by this part board rule. The auction business may
   76  delegate in whole, or in part, different aspects of the auction
   77  only to the extent that such delegation is permitted by law and
   78  that such delegation will not impede the principal auctioneer’s
   79  ability to ensure the proper conduct of his or her independent
   80  responsibility for the auction. The auction business under whose
   81  auspices the auction is conducted is responsible for ensuring
   82  compliance as required by this part board rule.
   83         (8)(10)(a) When settlement is not made immediately after an
   84  auction, all sale proceeds received for another person must be
   85  deposited in an escrow or trust account in an insured bank or
   86  savings and loan association located in this state within 2
   87  working days after the auction. A maximum of $100 may be kept in
   88  the escrow account for administrative purposes.
   89         (b) Each auction business shall maintain, for not less than
   90  2 years, a separate ledger showing the funds held for another
   91  person deposited and disbursed by the auction business for each
   92  auction. The escrow or trust account must be reconciled monthly
   93  with the bank statement. A signed and dated record shall be
   94  maintained for a 2-year period and be available for inspection
   95  by the department or at the request of the board.
   96         (c) Any interest which accrues to sale proceeds on deposit
   97  shall be the property of the seller for whom the funds were
   98  received unless the parties have agreed otherwise by written
   99  agreement executed prior to the auction.
  100         (d) Unless otherwise provided by written agreement executed
  101  prior to the auction, funds received by an auctioneer or auction
  102  business a licensee from the seller or his or her agent for
  103  expenses, including advertising, must be expended for the
  104  purposes advanced or refunded to the seller at the time of final
  105  settlement. Any funds so received shall be maintained in an
  106  escrow or trust account in an insured bank or savings and loan
  107  association located in this state. However, this does not
  108  prohibit advanced payment of a flat fee.
  109         (11)(a)All advertising by an auctioneer or auction
  110  business shall include the name and Florida license number of
  111  such auctioneer and auction business. The term “advertising”
  112  shall not include articles of clothing, directional signs, or
  113  other promotional novelty items.
  114         (9)(a)(b) No licensed auctioneer, apprentice, or auction
  115  business may disseminate or cause to be disseminated any
  116  advertisement or advertising which is false, deceptive,
  117  misleading, or untruthful. Any advertisement or advertising
  118  shall be deemed to be false, deceptive, misleading, or
  119  untruthful if it:
  120         1. Contains misrepresentations of facts.
  121         2. Is misleading or deceptive because, in its content or in
  122  the context in which it is presented, it makes only a partial
  123  disclosure of relevant facts.
  124         3. Creates false or unjustified expectations of the
  125  services to be performed.
  126         4.Contains any representation or claim which the
  127  advertising licensee fails to perform.
  128         5.Fails to include the name and license number of the
  129  principal auctioneer and the auction business.
  130         6.Fails to include the name and license number of the
  131  sponsor if an apprentice is acting as the principal auctioneer.
  132         4.7. Advertises an auction as absolute without specifying
  133  any and all items to be sold with reserve or with minimum bids.
  134         5.8. Fails to include the percentage amount of any buyer’s
  135  premium or surcharge which is a condition to sale.
  136         (b)(c) The provisions of this subsection apply to media
  137  exposure of any nature, regardless of whether it is in the form
  138  of paid advertising.
  139         (c)(d) The auction business shall be responsible for the
  140  content of all advertising disseminated in preparation for an
  141  auction.
  142         Section 23. Section 468.389, Florida Statutes, is amended
  143  to read:
  144         468.389 Prohibited acts; penalties.—
  145         (1) The following acts shall be grounds for a civil cause
  146  of action for damages against an auctioneer, auction business,
  147  or any owner or manager thereof or, in the case of corporate
  148  ownership, any substantial stockholder of the corporation owning
  149  the auction business the disciplinary activities provided in
  150  subsections (2) and (3):
  151         (1)(a) A violation of any law relating to trade or commerce
  152  of this state or of the state in which an auction is conducted.
  153         (2)(b) Misrepresentation of property for sale at auction or
  154  making false promises concerning the use, value, or condition of
  155  such property by an auctioneer or auction business or by anyone
  156  acting as an agent of or with the consent of the auctioneer or
  157  auction business.
  158         (3)(c) Failure to account for or to pay or return, within a
  159  reasonable time not to exceed 30 days, money or property
  160  belonging to another which has come into the control of an
  161  auctioneer or auction business through an auction.
  162         (4)(d) False, deceptive, misleading, or untruthful
  163  advertising.
  164         (5)(e) Any conduct in connection with a sales transaction
  165  which demonstrates bad faith or dishonesty.
  166         (6)(f) Using or permitting the use of false bidders,
  167  cappers, or shills.
  168         (g)Making any material false statement on a license
  169  application.
  170         (7)(h) Commingling money or property of another person with
  171  his or her own. Every auctioneer and auction business shall
  172  maintain a separate trust or escrow account in an insured bank
  173  or savings and loan association located in this state in which
  174  shall be deposited all proceeds received for another person
  175  through an auction sale.
  176         (8)(i) Refusal or neglect of any auctioneer or other
  177  receiver of public moneys to pay the moneys so received into the
  178  State Treasury at the times and under the regulations prescribed
  179  by law.
  180         (9)(j) Violating a statute or administrative rule
  181  regulating practice under this part or a lawful disciplinary
  182  order of the board or the department.
  183         (k)Having a license to practice a comparable profession
  184  revoked, suspended, or otherwise acted against by another state,
  185  territory, or country.
  186         (10)(l) Being convicted or found guilty, regardless of
  187  adjudication, of a crime in any jurisdiction which directly
  188  relates to the practice or the ability to practice the
  189  profession of auctioneering.
  190         (2)When the board finds any person guilty of any of the
  191  prohibited acts set forth in subsection (1), it may enter an
  192  order imposing one or more of the following penalties:
  193         (a)Refusal to certify to the department an application for
  194  licensure.
  195         (b)Revocation or suspension of a license.
  196         (c)Imposition of an administrative fine not to exceed
  197  $1,000 for each count or separate offense.
  198         (d)Issuance of a reprimand.
  199         (e)Placement of the auctioneer on probation for a period
  200  of time and subject to conditions as the board may specify,
  201  including requiring the auctioneer to successfully complete the
  202  licensure examination.
  203         (f)Requirement that the person in violation make
  204  restitution to each consumer affected by that violation. Proof
  205  of such restitution shall be a signed and notarized release
  206  executed by the consumer or the consumer’s estate.
  207         (3)(a)Failure to pay a fine within a reasonable time, as
  208  prescribed by board rule, may be grounds for disciplinary
  209  action.
  210         (b)The department may file for an injunction or bring any
  211  other appropriate civil action against anyone who violates this
  212  part.
  213         Section 24. Section 468.391, Florida Statutes, is amended
  214  to read:
  215         468.391 Penalty.—Any auctioneer, apprentice, or auction
  216  business or any owner or manager thereof, or, in the case of
  217  corporate ownership, any substantial stockholder of the
  218  corporation owning the auction business, who operates without an
  219  active license or violates s. 468.389(3), (5), (6), (7), or (8)
  220  s. 468.389(1)(c), (e), (f), (h), or (i) commits a felony of the
  221  third degree, punishable as provided in s. 775.082 or s.
  222  775.083.
  223         Section 25. Section 468.392, Florida Statutes, is repealed.
  224         Section 26. Section 468.393, Florida Statutes, is repealed.
  225         Section 27. Section 468.394, Florida Statutes, is repealed.
  226         Section 28. Section 468.395, Florida Statutes, is repealed.
  227         Section 29. Section 468.396, Florida Statutes, is repealed.
  228         Section 30. Section 468.397, Florida Statutes, is repealed.
  229         Section 31. Section 468.398, Florida Statutes, is repealed.
  230         Section 32. Section 468.399, Florida Statutes, is repealed.
  231         Section 33. Section 468.401, Florida Statutes, is amended
  232  to read:
  233         468.401 Regulation of Talent agencies; definitions.—As used
  234  in this part or any rule adopted pursuant hereto:
  235         (1) “Talent agency” means any person who, for compensation,
  236  engages in the occupation or business of procuring or attempting
  237  to procure engagements for an artist who is younger than 18
  238  years of age.
  239         Section 34. Subsection (1) of section 468.408, Florida
  240  Statutes, is amended to read:
  241         468.408 Bond required.—
  242         (1) An owner or operator of a There shall be filed with the
  243  department for each talent agency shall file license a bond in
  244  the form of a surety by a reputable company engaged in the
  245  bonding business and authorized to do business in this state.
  246  The bond shall be for the penal sum of $5,000, with one or more
  247  sureties to be approved by the department, and be conditioned
  248  that the owner or operator of the talent agency applicant
  249  conform to and not violate any of the duties, terms, conditions,
  250  provisions, or requirements of this part.
  251         (a) If any person is aggrieved by the misconduct of any
  252  talent agency, the person may maintain an action in his or her
  253  own name upon the bond of the agency in any court having
  254  jurisdiction of the amount claimed. All such claims shall be
  255  assignable, and the assignee shall be entitled to the same
  256  remedies, upon the bond of the agency or otherwise, as the
  257  person aggrieved would have been entitled to if such claim had
  258  not been assigned. Any claim or claims so assigned may be
  259  enforced in the name of such assignee.
  260         (b) The bonding company shall notify the department of any
  261  claim against such bond, and a copy of such notice shall be sent
  262  to the talent agency against which the claim is made.
  263         Section 35. Subsection (12) is added to section 468.412,
  264  Florida Statutes, to read:
  265         468.412 Talent agency regulations; prohibited acts.—
  266         (12) Each employee of a talent agency must complete a level
  267  1 background screening pursuant to s. 435.03.
  268         Section 36. Section 468.415, Florida Statutes, is amended
  269  to read:
  270         468.415 Sexual misconduct in the operation of a talent
  271  agency.—The talent agent-artist relationship is founded on
  272  mutual trust. Sexual misconduct in the operation of a talent
  273  agency means violation of the talent agent-artist relationship
  274  through which the talent agent uses the relationship to induce
  275  or attempt to induce the artist to engage or attempt to engage
  276  in sexual activity. Sexual misconduct is prohibited in the
  277  operation of a talent agency. If Any agent, owner, or operator
  278  of a licensed talent agency who commits is found to have
  279  committed sexual misconduct in the operation of a talent agency,
  280  the agency license shall be permanently revoked. Such agent,
  281  owner, or operator shall be permanently prohibited from acting
  282  disqualified from present and future licensure as an agent,
  283  owner, or operator of a Florida talent agency.
  284         Section 37. Subsection (4) of section 468.524, Florida
  285  Statutes, is amended to read:
  286         468.524 Application for license.—
  287         (4) A An applicant or licensee is ineligible to reapply for
  288  a license for a period of 1 year following final agency action
  289  on the denial or revocation of a license applied for or issued
  290  under this part. This time restriction does not apply to
  291  administrative denials or revocations entered because:
  292         (a) The applicant or licensee has made an inadvertent error
  293  or omission on the application;
  294         (b) The experience documented to the board was insufficient
  295  at the time of the previous application; or
  296         (c)The department is unable to complete the criminal
  297  background investigation because of insufficient information
  298  from the Florida Department of Law Enforcement, the Federal
  299  Bureau of Investigation, or any other applicable law enforcement
  300  agency;
  301         (c)(d) The applicant or licensee has failed to submit
  302  required fees.; or
  303         (e)An applicant or licensed employee leasing company has
  304  been deemed ineligible for a license because of the lack of good
  305  moral character of an individual or individuals when such
  306  individual or individuals are no longer employed in a capacity
  307  that would require their licensing under this part.
  308         Section 38. Section 468.613, Florida Statutes, is amended
  309  to read:
  310         468.613 Certification by endorsement.—The board shall
  311  examine other certification or training programs, as applicable,
  312  upon submission to the board for its consideration of an
  313  application for certification by endorsement. The board shall
  314  waive its examination, qualification, education, or training
  315  requirements, to the extent that such examination,
  316  qualification, education, or training requirements of the
  317  applicant are determined by the board to be comparable with
  318  those established by the board. The board shall waive its
  319  examination, qualification, education, or training requirements
  320  if an applicant for certification by endorsement is at least 18
  321  years of age; is of good moral character; has held a valid
  322  building administrator, inspector, plans examiner, or the
  323  equivalent, certification issued by another state or territory
  324  of the United States for at least 10 years before the date of
  325  application; and has successfully passed an applicable
  326  examination administered by the International Codes Council.
  327         Section 39. Subsection (3) of section 468.8314, Florida
  328  Statutes, is amended to read:
  329         468.8314 Licensure.—
  330         (3) The department shall certify as qualified for a license
  331  by endorsement an applicant who is of good moral character as
  332  determined in s. 468.8313, who maintains an insurance policy as
  333  required by s. 468.8322, and who:;
  334         (a) Holds a valid license to practice home inspection
  335  services in another state or territory of the United States,
  336  whose educational requirements are substantially equivalent to
  337  those required by this part; and has passed a national,
  338  regional, state, or territorial licensing examination that is
  339  substantially equivalent to the examination required by this
  340  part; or
  341         (b) Has held a valid license to practice home inspection
  342  services issued by another state or territory of the United
  343  States for at least 10 years before the date of application.
  344         Section 40. Subsection (3) of section 468.8414, Florida
  345  Statutes, is amended to read:
  346         468.8414 Licensure.—
  347         (3) The department shall certify as qualified for a license
  348  by endorsement an applicant who is of good moral character, who
  349  has the insurance coverage required under s. 468.8421, and who:
  350         (a) Is qualified to take the examination as set forth in s.
  351  468.8413 and has passed a certification examination offered by a
  352  nationally recognized organization that certifies persons in the
  353  specialty of mold assessment or mold remediation that has been
  354  approved by the department as substantially equivalent to the
  355  requirements of this part and s. 455.217; or
  356         (b) Holds a valid license to practice mold assessment or
  357  mold remediation issued by another state or territory of the
  358  United States if the criteria for issuance of the license were
  359  substantially the same as the licensure criteria that is
  360  established by this part as determined by the department; or
  361         (c)Has held a valid license to practice as a mold assessor
  362  or a mold remediator issued by another state or territory of the
  363  United States for at least 10 years before the date of
  364  application.
  365         Section 41. Paragraphs (a) and (e) of subsection (2),
  366  subsection (3), paragraph (b) of subsection (4), and subsection
  367  (6) of section 469.006, Florida Statutes, are amended to read:
  368         469.006 Licensure of business organizations; qualifying
  369  agents.—
  370         (2)(a) If the applicant proposes to engage in consulting or
  371  contracting as a partnership, corporation, business trust, or
  372  other legal entity, or in any name other than the applicant’s
  373  legal name, the legal entity must apply for licensure through a
  374  qualifying agent or the individual applicant must qualify apply
  375  for licensure under the business organization fictitious name.
  376         (e) A The license, when issued upon application of a
  377  business organization, must be in the name of the qualifying
  378  agent business organization, and the name of the business
  379  organization qualifying agent must be noted on the license
  380  thereon. If there is a change in any information that is
  381  required to be stated on the application, the qualifying agent
  382  business organization shall, within 45 days after such change
  383  occurs, mail the correct information to the department.
  384         (3) The qualifying agent must shall be licensed under this
  385  chapter in order for the business organization to be qualified
  386  licensed in the category of the business conducted for which the
  387  qualifying agent is licensed. If any qualifying agent ceases to
  388  be affiliated with such business organization, the agent shall
  389  so inform the department. In addition, if such qualifying agent
  390  is the only licensed individual affiliated with the business
  391  organization, the business organization shall notify the
  392  department of the termination of the qualifying agent and has
  393  shall have 60 days after from the date of termination of the
  394  qualifying agent’s affiliation with the business organization in
  395  which to employ another qualifying agent. The business
  396  organization may not engage in consulting or contracting until a
  397  qualifying agent is employed, unless the department has granted
  398  a temporary nonrenewable license to the financially responsible
  399  officer, the president, the sole proprietor, a partner, or, in
  400  the case of a limited partnership, the general partner, who
  401  assumes all responsibilities of a primary qualifying agent for
  402  the entity. This temporary license only allows shall only allow
  403  the entity to proceed with incomplete contracts.
  404         (4)
  405         (b) Upon a favorable determination by the department, after
  406  investigation of the financial responsibility, credit, and
  407  business reputation of the qualifying agent and the new business
  408  organization, the department shall issue, without any
  409  examination, a new license in the qualifying agent’s business
  410  organization’s name, and the name of the business organization
  411  qualifying agent shall be noted thereon.
  412         (6) Each qualifying agent shall pay the department an
  413  amount equal to the original fee for licensure of a new business
  414  organization. if the qualifying agent for a business
  415  organization desires to qualify additional business
  416  organizations., The department shall require the agent to
  417  present evidence of supervisory ability and financial
  418  responsibility of each such organization. Allowing a licensee to
  419  qualify more than one business organization must shall be
  420  conditioned upon the licensee showing that the licensee has both
  421  the capacity and intent to adequately supervise each business
  422  organization. The department may shall not limit the number of
  423  business organizations that which the licensee may qualify
  424  except upon the licensee’s failure to provide such information
  425  as is required under this subsection or upon a finding that the
  426  such information or evidence as is supplied is incomplete or
  427  unpersuasive in showing the licensee’s capacity and intent to
  428  comply with the requirements of this subsection. A qualification
  429  for an additional business organization may be revoked or
  430  suspended upon a finding by the department that the licensee has
  431  failed in the licensee’s responsibility to adequately supervise
  432  the operations of the business organization. Failure to
  433  adequately supervise the operations of a business organization
  434  is shall be grounds for denial to qualify additional business
  435  organizations.
  436         Section 42. Subsection (1) of section 469.009, Florida
  437  Statutes, is amended to read:
  438         469.009 License revocation, suspension, and denial of
  439  issuance or renewal.—
  440         (1) The department may revoke, suspend, or deny the
  441  issuance or renewal of a license; reprimand, censure, or place
  442  on probation any contractor, consultant, or financially
  443  responsible officer, or business organization; require financial
  444  restitution to a consumer; impose an administrative fine not to
  445  exceed $5,000 per violation; require continuing education; or
  446  assess costs associated with any investigation and prosecution
  447  if the contractor or consultant, or business organization or
  448  officer or agent thereof, is found guilty of any of the
  449  following acts:
  450         (a) Willfully or deliberately disregarding or violating the
  451  health and safety standards of the Occupational Safety and
  452  Health Act of 1970, the Construction Safety Act, the National
  453  Emission Standards for Asbestos, the Environmental Protection
  454  Agency Asbestos Abatement Projects Worker Protection Rule, the
  455  Florida Statutes or rules promulgated thereunder, or any
  456  ordinance enacted by a political subdivision of this state.
  457         (b) Violating any provision of chapter 455.
  458         (c) Failing in any material respect to comply with the
  459  provisions of this chapter or any rule promulgated hereunder.
  460         (d) Acting in the capacity of an asbestos contractor or
  461  asbestos consultant under any license issued under this chapter
  462  except in the name of the licensee as set forth on the issued
  463  license.
  464         (e) Proceeding on any job without obtaining all applicable
  465  approvals, authorizations, permits, and inspections.
  466         (f) Obtaining a license by fraud or misrepresentation.
  467         (g) Being convicted or found guilty of, or entering a plea
  468  of nolo contendere to, regardless of adjudication, a crime in
  469  any jurisdiction which directly relates to the practice of
  470  asbestos consulting or contracting or the ability to practice
  471  asbestos consulting or contracting.
  472         (h) Knowingly violating any building code, lifesafety code,
  473  or county or municipal ordinance relating to the practice of
  474  asbestos consulting or contracting.
  475         (i) Performing any act which assists a person or entity in
  476  engaging in the prohibited unlicensed practice of asbestos
  477  consulting or contracting, if the licensee knows or has
  478  reasonable grounds to know that the person or entity was
  479  unlicensed.
  480         (j) Committing mismanagement or misconduct in the practice
  481  of contracting that causes financial harm to a customer.
  482  Financial mismanagement or misconduct occurs when:
  483         1. Valid liens have been recorded against the property of a
  484  contractor’s customer for supplies or services ordered by the
  485  contractor for the customer’s job; the contractor has received
  486  funds from the customer to pay for the supplies or services; and
  487  the contractor has not had the liens removed from the property,
  488  by payment or by bond, within 75 days after the date of such
  489  liens;
  490         2. The contractor has abandoned a customer’s job and the
  491  percentage of completion is less than the percentage of the
  492  total contract price paid to the contractor as of the time of
  493  abandonment, unless the contractor is entitled to retain such
  494  funds under the terms of the contract or refunds the excess
  495  funds within 30 days after the date the job is abandoned; or
  496         3. The contractor’s job has been completed, and it is shown
  497  that the customer has had to pay more for the contracted job
  498  than the original contract price, as adjusted for subsequent
  499  change orders, unless such increase in cost was the result of
  500  circumstances beyond the control of the contractor, was the
  501  result of circumstances caused by the customer, or was otherwise
  502  permitted by the terms of the contract between the contractor
  503  and the customer.
  504         (k) Being disciplined by any municipality or county for an
  505  act or violation of this chapter.
  506         (l) Failing in any material respect to comply with the
  507  provisions of this chapter, or violating a rule or lawful order
  508  of the department.
  509         (m) Abandoning an asbestos abatement project in which the
  510  asbestos contractor is engaged or under contract as a
  511  contractor. A project may be presumed abandoned after 20 days if
  512  the contractor terminates the project without just cause and
  513  without proper notification to the owner, including the reason
  514  for termination; if the contractor fails to reasonably secure
  515  the project to safeguard the public while work is stopped; or if
  516  the contractor fails to perform work without just cause for 20
  517  days.
  518         (n) Signing a statement with respect to a project or
  519  contract falsely indicating that the work is bonded; falsely
  520  indicating that payment has been made for all subcontracted
  521  work, labor, and materials which results in a financial loss to
  522  the owner, purchaser, or contractor; or falsely indicating that
  523  workers’ compensation and public liability insurance are
  524  provided.
  525         (o) Committing fraud or deceit in the practice of asbestos
  526  consulting or contracting.
  527         (p) Committing incompetency or misconduct in the practice
  528  of asbestos consulting or contracting.
  529         (q) Committing gross negligence, repeated negligence, or
  530  negligence resulting in a significant danger to life or property
  531  in the practice of asbestos consulting or contracting.
  532         (r) Intimidating, threatening, coercing, or otherwise
  533  discouraging the service of a notice to owner under part I of
  534  chapter 713 or a notice to contractor under chapter 255 or part
  535  I of chapter 713.
  536         (s) Failing to satisfy, within a reasonable time, the terms
  537  of a civil judgment obtained against the licensee, or the
  538  business organization qualified by the licensee, relating to the
  539  practice of the licensee’s profession.
  540  
  541  For the purposes of this subsection, construction is considered
  542  to be commenced when the contract is executed and the contractor
  543  has accepted funds from the customer or lender.
  544         Section 43. Subsection (13) of section 471.005, Florida
  545  Statutes, is renumbered as subsection (3), and present
  546  subsection (3) and subsection (8) of that section are amended to
  547  read:
  548         471.005 Definitions.—As used in this chapter, the term:
  549         (3)“Certificate of authorization” means a license to
  550  practice engineering issued by the management corporation to a
  551  corporation or partnership.
  552         (8) “License” means the licensing of engineers or
  553  certification of businesses to practice engineering in this
  554  state.
  555         Section 44. Subsection (4) of section 471.011, Florida
  556  Statutes, is amended to read:
  557         471.011 Fees.—
  558         (4)The fee for a certificate of authorization shall not
  559  exceed $125.
  560         Section 45. Subsection (5) of section 471.015, Florida
  561  Statutes, is amended to read:
  562         471.015 Licensure.—
  563         (5)(a) The board shall deem that an applicant who seeks
  564  licensure by endorsement has passed an examination substantially
  565  equivalent to the fundamentals examination when such applicant
  566  has held a valid professional engineer’s license in another
  567  state for 10 15 years and has had 20 years of continuous
  568  professional-level engineering experience.
  569         (b) The board shall deem that an applicant who seeks
  570  licensure by endorsement has passed an examination substantially
  571  equivalent to the fundamentals examination and the principles
  572  and practices examination when such applicant has held a valid
  573  professional engineer’s license in another state for 15 25 years
  574  and has had 30 years of continuous professional-level
  575  engineering experience.
  576         Section 46. Section 471.023, Florida Statutes, is amended
  577  to read:
  578         471.023 Qualification Certification of business
  579  organizations.—
  580         (1) The practice of, or the offer to practice, engineering
  581  by licensees or offering engineering services to the public
  582  through a business organization, including a partnership,
  583  corporation, business trust, or other legal entity or by a
  584  business organization, including a corporation, partnership,
  585  business trust, or other legal entity offering such services to
  586  the public through licensees under this chapter as agents,
  587  employees, officers, or partners is permitted only if the
  588  business organization is qualified by an engineer licensed under
  589  this chapter possesses a certification issued by the management
  590  corporation pursuant to qualification by the board, subject to
  591  the provisions of this chapter. One or more of the principal
  592  officers of the business organization or one or more partners of
  593  the partnership and all personnel of the business organization
  594  who act in its behalf as engineers in this state shall be
  595  licensed as provided by this chapter. All final drawings,
  596  specifications, plans, reports, or documents involving practices
  597  licensed under this chapter which are prepared or approved for
  598  the use of the business organization or for public record within
  599  the state shall be dated and shall bear the signature and seal
  600  of the licensee who prepared or approved them. Nothing in this
  601  section shall be construed to mean that a license to practice
  602  engineering shall be held by a business organization. Nothing
  603  herein prohibits business organizations from joining together to
  604  offer engineering services to the public, if each business
  605  organization otherwise meets the requirements of this section.
  606  No business organization shall be relieved of responsibility for
  607  the conduct or acts of its agents, employees, or officers by
  608  reason of its compliance with this section, nor shall any
  609  individual practicing engineering be relieved of responsibility
  610  for professional services performed by reason of his or her
  611  employment or relationship with a business organization.
  612         (2) For the purposes of this section, a certificate of
  613  authorization shall be required for any business organization or
  614  other person practicing under a fictitious name, offering
  615  engineering services to the public must be qualified by an
  616  engineer licensed under this chapter. However, when an
  617  individual is practicing engineering in his or her own given
  618  name, he or she shall not be required to be licensed under this
  619  section.
  620         (3) Except as provided in s. 558.0035, the fact that a
  621  licensed engineer practices through a business organization does
  622  not relieve the licensee from personal liability for negligence,
  623  misconduct, or wrongful acts committed by him or her.
  624  Partnerships and all partners shall be jointly and severally
  625  liable for the negligence, misconduct, or wrongful acts
  626  committed by their agents, employees, or partners while acting
  627  in a professional capacity. Any officer, agent, or employee of a
  628  business organization other than a partnership shall be
  629  personally liable and accountable only for negligent acts,
  630  wrongful acts, or misconduct committed by him or her or
  631  committed by any person under his or her direct supervision and
  632  control, while rendering professional services on behalf of the
  633  business organization. The personal liability of a shareholder
  634  or owner of a business organization, in his or her capacity as
  635  shareholder or owner, shall be no greater than that of a
  636  shareholder-employee of a corporation incorporated under chapter
  637  607. The business organization shall be liable up to the full
  638  value of its property for any negligent acts, wrongful acts, or
  639  misconduct committed by any of its officers, agents, or
  640  employees while they are engaged on its behalf in the rendering
  641  of professional services.
  642         (4) Each certification of authorization shall be renewed
  643  every 2 years. Each qualifying agent of a business organization
  644  qualified certified under this section must notify the board
  645  within 30 days 1 month after any change in the information
  646  contained in the application upon which the certification is
  647  based.
  648         (a)A qualifying agent who terminates an affiliation with a
  649  qualified business organization shall notify the management
  650  corporation of such termination within 24 hours. If such
  651  qualifying agent is the only qualifying agent for that business
  652  organization, the business organization must be qualified by
  653  another qualifying agent within 60 days after the termination.
  654  Except as provided in paragraph (b), the business organization
  655  may not engage in the practice of engineering until it is
  656  qualified by another qualifying agent.
  657         (b)In the event a qualifying agent ceases employment with
  658  a qualified business organization and such qualifying agent is
  659  the only licensed individual affiliated with the business
  660  organization, the executive director of the management
  661  corporation or the chair of the board may authorize another
  662  licensee employed by the business organization to temporarily
  663  serve as its qualifying agent for a period of no more than 60
  664  days to proceed with incomplete contracts. The business
  665  organization is not authorized to operate beyond such period
  666  under this chapter absent replacement of the qualifying agent.
  667         (c)A qualifying agent shall notify the department in
  668  writing before engaging in the practice of engineering in the
  669  licensee’s name or in affiliation with a different business
  670  organization.
  671         (5)Disciplinary action against a business organization
  672  shall be administered in the same manner and on the same grounds
  673  as disciplinary action against a licensed engineer.
  674         Section 47. Subsection (7) of section 473.308, Florida
  675  Statutes, is amended to read:
  676         473.308 Licensure.—
  677         (7) The board shall certify as qualified for a license by
  678  endorsement an applicant who:
  679         (a)1. Is not licensed and has not been licensed in another
  680  state or territory and who has met the requirements of this
  681  section for education, work experience, and good moral character
  682  and has passed a national, regional, state, or territorial
  683  licensing examination that is substantially equivalent to the
  684  examination required by s. 473.306; or and
  685         2.Has completed such continuing education courses as the
  686  board deems appropriate, within the limits for each applicable
  687  2-year period as set forth in s. 473.312, but at least such
  688  courses as are equivalent to the continuing education
  689  requirements for a Florida certified public accountant licensed
  690  in this state during the 2 years immediately preceding her or
  691  his application for licensure by endorsement; or
  692         (b)1.a. Holds a valid license to practice public accounting
  693  issued by another state or territory of the United States, if
  694  the criteria for issuance of such license were substantially
  695  equivalent to the licensure criteria that existed in this state
  696  at the time the license was issued;
  697         2.b. Holds a valid license to practice public accounting
  698  issued by another state or territory of the United States but
  699  the criteria for issuance of such license did not meet the
  700  requirements of sub-subparagraph a.; has met the requirements of
  701  this section for education, work experience, and good moral
  702  character; and has passed a national, regional, state, or
  703  territorial licensing examination that is substantially
  704  equivalent to the examination required by s. 473.306; or
  705         3.c.Has held Holds a valid license to practice public
  706  accounting issued by another state or territory of the United
  707  States for at least 10 years before the date of application; has
  708  passed a national, regional, state, or territorial licensing
  709  examination that is substantially equivalent to the examination
  710  required by s. 473.306; and has met the requirements of this
  711  section for good moral character.; and
  712         2.Has completed continuing education courses that are
  713  equivalent to the continuing education requirements for a
  714  Florida certified public accountant licensed in this state
  715  during the 2 years immediately preceding her or his application
  716  for licensure by endorsement.
  717         Section 48. Subsection (6) of section 474.202, Florida
  718  Statutes, is amended to read:
  719         474.202 Definitions.—As used in this chapter:
  720         (6) “Limited-service veterinary medical practice” means
  721  offering or providing veterinary services at any location that
  722  has a primary purpose other than that of providing veterinary
  723  medical service at a permanent or mobile establishment permitted
  724  by the board; provides veterinary medical services for privately
  725  owned animals that do not reside at that location; operates for
  726  a limited time; and provides limited types of veterinary medical
  727  services, including vaccinations or immunizations against
  728  disease, preventative procedures for parasitic control, and
  729  microchipping.
  730         Section 49. Paragraph (b) of subsection (2) of section
  731  474.207, Florida Statutes, is amended to read:
  732         474.207 Licensure by examination.—
  733         (2) The department shall license each applicant who the
  734  board certifies has:
  735         (b)1. Graduated from a college of veterinary medicine
  736  accredited by the American Veterinary Medical Association
  737  Council on Education; or
  738         2. Graduated from a college of veterinary medicine listed
  739  in the American Veterinary Medical Association Roster of
  740  Veterinary Colleges of the World and obtained a certificate from
  741  the Education Commission for Foreign Veterinary Graduates or the
  742  Program for the Assessment of Veterinary Education Equivalence.
  743  
  744  The department shall not issue a license to any applicant who is
  745  under investigation in any state or territory of the United
  746  States or in the District of Columbia for an act which would
  747  constitute a violation of this chapter until the investigation
  748  is complete and disciplinary proceedings have been terminated,
  749  at which time the provisions of s. 474.214 shall apply.
  750         Section 50. Subsection (1) of section 474.217, Florida
  751  Statutes, is amended to read:
  752         474.217 Licensure by endorsement.—
  753         (1) The department shall issue a license by endorsement to
  754  any applicant who, upon applying to the department and remitting
  755  a fee set by the board, demonstrates to the board that she or
  756  he:
  757         (a) Has demonstrated, in a manner designated by rule of the
  758  board, knowledge of the laws and rules governing the practice of
  759  veterinary medicine in this state; and
  760         (b)1. Either Holds, and has held for the 3 years
  761  immediately preceding the application for licensure, a valid,
  762  active license to practice veterinary medicine in another state
  763  of the United States, the District of Columbia, or a territory
  764  of the United States, provided that the applicant has
  765  successfully completed a state, regional, national, or other
  766  examination that is equivalent to or more stringent than the
  767  examination required by the board requirements for licensure in
  768  the issuing state, district, or territory are equivalent to or
  769  more stringent than the requirements of this chapter; or
  770         2. Meets the qualifications of s. 474.207(2)(b) and has
  771  successfully completed a state, regional, national, or other
  772  examination which is equivalent to or more stringent than the
  773  examination given by the department and has passed the board’s
  774  clinical competency examination or another clinical competency
  775  examination specified by rule of the board.
  776         Section 51. Subsection (5) of section 476.144, Florida
  777  Statutes, is amended to read:
  778         476.144 Licensure.—
  779         (5) The board shall certify as qualified for licensure by
  780  endorsement as a barber in this state an applicant who holds a
  781  current active license to practice barbering in another state.
  782  The board shall adopt rules specifying procedures for the
  783  licensure by endorsement of practitioners desiring to be
  784  licensed in this state who hold a current active license in
  785  another state or country and who have met qualifications
  786  substantially similar to, equivalent to, or greater than the
  787  qualifications required of applicants from this state.
  788         Section 52. Subsection (9) of section 477.013, Florida
  789  Statutes, is amended to read:
  790         477.013 Definitions.—As used in this chapter:
  791         (9) “Hair braiding” means the weaving or interweaving of
  792  natural human hair or commercial hair, including the use of hair
  793  extensions or wefts, for compensation without cutting, coloring,
  794  permanent waving, relaxing, removing, or chemical treatment and
  795  does not include the use of hair extensions or wefts.
  796         Section 53. Section 477.0132, Florida Statutes, is
  797  repealed.
  798         Section 54. Subsections (7) through (11) are added to
  799  section 477.0135, Florida Statutes, to read:
  800         477.0135 Exemptions.—
  801         (7)A license or registration is not required for a person
  802  whose occupation or practice is confined solely to hair braiding
  803  as defined in s. 477.013(9).
  804         (8)A license or registration is not required for a person
  805  whose occupation or practice is confined solely to hair wrapping
  806  as defined in s. 477.013(10).
  807         (9)A license or registration is not required for a person
  808  whose occupation or practice is confined solely to body wrapping
  809  as defined in s. 477.013(12).
  810         (10)A license or registration is not required for a person
  811  whose occupation or practice is confined solely to applying
  812  polish to fingernails and toenails.
  813         (11)A license or registration is not required for a person
  814  whose occupation or practice is confined solely to makeup
  815  application.
  816         Section 55. Subsections (6) and (7) of section 477.019,
  817  Florida Statutes, are amended to read:
  818         477.019 Cosmetologists; qualifications; licensure;
  819  supervised practice; license renewal; endorsement; continuing
  820  education.—
  821         (6) The board shall certify as qualified for licensure by
  822  endorsement as a cosmetologist in this state an applicant who
  823  holds a current active license to practice cosmetology in
  824  another state. The board may not require proof of educational
  825  hours if the license was issued in a state that requires 1,200
  826  or more hours of prelicensure education and passage of a written
  827  examination. This subsection does not apply to applicants who
  828  received their license in another state through an
  829  apprenticeship program.
  830         (7)(a) The board shall prescribe by rule continuing
  831  education requirements intended to ensure protection of the
  832  public through updated training of licensees and registered
  833  specialists, not to exceed 10 16 hours biennially, as a
  834  condition for renewal of a license or registration as a
  835  specialist under this chapter. Continuing education courses
  836  shall include, but not be limited to, the following subjects as
  837  they relate to the practice of cosmetology: human
  838  immunodeficiency virus and acquired immune deficiency syndrome;
  839  Occupational Safety and Health Administration regulations;
  840  workers’ compensation issues; state and federal laws and rules
  841  as they pertain to cosmetologists, cosmetology, salons,
  842  specialists, specialty salons, and booth renters; chemical
  843  makeup as it pertains to hair, skin, and nails; and
  844  environmental issues. Courses given at cosmetology conferences
  845  may be counted toward the number of continuing education hours
  846  required if approved by the board.
  847         (b)Any person whose occupation or practice is confined
  848  solely to hair braiding, hair wrapping, or body wrapping is
  849  exempt from the continuing education requirements of this
  850  subsection.
  851         (b)(c) The board may, by rule, require any licensee in
  852  violation of a continuing education requirement to take a
  853  refresher course or refresher course and examination in addition
  854  to any other penalty. The number of hours for the refresher
  855  course may not exceed 48 hours.
  856         Section 56. Paragraph (f) of subsection (1) of section
  857  477.026, Florida Statutes, is amended to read:
  858         477.026 Fees; disposition.—
  859         (1) The board shall set fees according to the following
  860  schedule:
  861         (f)For hair braiders, hair wrappers, and body wrappers,
  862  fees for registration shall not exceed $25.
  863         Section 57. Subsection (4) of section 477.0263, Florida
  864  Statutes, is amended, and subsection (5) is added to that
  865  section, to read:
  866         477.0263 Cosmetology services to be performed in licensed
  867  salon; exceptions.—
  868         (4) Pursuant to rules adopted by the board, any cosmetology
  869  or specialty service may be performed in a location other than a
  870  licensed salon when the service is performed in connection with
  871  a special event and is performed by a person who is employed by
  872  a licensed salon and who holds the proper license or specialty
  873  registration. An appointment for the performance of any such
  874  service in a location other than a licensed salon must be made
  875  through a licensed salon.
  876         (5)Hair shampooing, hair cutting, and hair arranging may
  877  be performed in a location other than a licensed salon when the
  878  service is performed by a person who holds the proper license.
  879         Section 58. Paragraph (f) of subsection (1) of section
  880  477.0265, Florida Statutes, is amended to read:
  881         477.0265 Prohibited acts.—
  882         (1) It is unlawful for any person to:
  883         (f) Advertise or imply that skin care services or body
  884  wrapping, as performed under this chapter, have any relationship
  885  to the practice of massage therapy as defined in s. 480.033(3),
  886  except those practices or activities defined in s. 477.013.
  887         Section 59. Paragraph (a) of subsection (1) of section
  888  477.029, Florida Statutes, is amended to read:
  889         477.029 Penalty.—
  890         (1) It is unlawful for any person to:
  891         (a) Hold himself or herself out as a cosmetologist or,
  892  specialist, hair wrapper, hair braider, or body wrapper unless
  893  duly licensed or registered, or otherwise authorized, as
  894  provided in this chapter.
  895         Section 60. Section 481.201, Florida Statutes, is amended
  896  to read:
  897         481.201 Purpose.—The primary legislative purpose for
  898  enacting this part is to ensure that every architect practicing
  899  in this state meets minimum requirements for safe practice. It
  900  is the legislative intent that architects who fall below minimum
  901  competency or who otherwise present a danger to the public shall
  902  be prohibited from practicing in this state. The Legislature
  903  further finds that it is in the interest of the public to limit
  904  the practice of interior design to interior designers or
  905  architects who have the design education and training required
  906  by this part or to persons who are exempted from the provisions
  907  of this part.
  908         Section 61. Section 481.203, Florida Statutes, is amended
  909  to read:
  910         481.203 Definitions.—As used in this part, the term:
  911         (1)(3) “Architect” or “registered architect” means a
  912  natural person who is licensed under this part to engage in the
  913  practice of architecture.
  914         (2)(6) “Architecture” means the rendering or offering to
  915  render services in connection with the design and construction
  916  of a structure or group of structures which have as their
  917  principal purpose human habitation or use, and the utilization
  918  of space within and surrounding such structures. These services
  919  include planning, providing preliminary study designs, drawings
  920  and specifications, job-site inspection, and administration of
  921  construction contracts.
  922         (3)(1) “Board” means the Board of Architecture and Interior
  923  Design.
  924         (4)(5)“Business organization” means a partnership, a
  925  limited liability company, a corporation, or an individual
  926  operating under a fictitious name Certificate of authorization
  927  means a certificate issued by the department to a corporation or
  928  partnership to practice architecture or interior design.
  929         (5)(4) “Certificate of registration” means a license issued
  930  by the department to a natural person to engage in the practice
  931  of architecture or interior design.
  932         (6)(13) “Common area” means an area that is held out for
  933  use by all tenants or owners in a multiple-unit dwelling,
  934  including, but not limited to, a lobby, elevator, hallway,
  935  laundry room, clubhouse, or swimming pool.
  936         (7)(2) “Department” means the Department of Business and
  937  Professional Regulation.
  938         (8)(14) “Diversified interior design experience” means
  939  experience which substantially encompasses the various elements
  940  of interior design services set forth under the definition of
  941  “interior design” in subsection (10)(8).
  942         (9)(15) “Interior decorator services” includes the
  943  selection or assistance in selection of surface materials,
  944  window treatments, wallcoverings, paint, floor coverings,
  945  surface-mounted lighting, surface-mounted fixtures, and loose
  946  furnishings not subject to regulation under applicable building
  947  codes.
  948         (10)(8) “Interior design” means designs, consultations,
  949  studies, drawings, specifications, and administration of design
  950  construction contracts relating to nonstructural interior
  951  elements of a building or structure. “Interior design” includes,
  952  but is not limited to, reflected ceiling plans, space planning,
  953  furnishings, and the fabrication of nonstructural elements
  954  within and surrounding interior spaces of buildings. “Interior
  955  design” specifically excludes the design of or the
  956  responsibility for architectural and engineering work, except
  957  for specification of fixtures and their location within interior
  958  spaces. As used in this subsection, “architectural and
  959  engineering interior construction relating to the building
  960  systems” includes, but is not limited to, construction of
  961  structural, mechanical, plumbing, heating, air-conditioning,
  962  ventilating, electrical, or vertical transportation systems, or
  963  construction which materially affects lifesafety systems
  964  pertaining to firesafety protection such as fire-rated
  965  separations between interior spaces, fire-rated vertical shafts
  966  in multistory structures, fire-rated protection of structural
  967  elements, smoke evacuation and compartmentalization, emergency
  968  ingress or egress systems, and emergency alarm systems.
  969         (9)“Registered interior designer” or “interior designer”
  970  means a natural person who is licensed under this part.
  971         (11)(10) “Nonstructural element” means an element which
  972  does not require structural bracing and which is something other
  973  than a load-bearing wall, load-bearing column, or other load
  974  bearing element of a building or structure which is essential to
  975  the structural integrity of the building.
  976         (12)(11) “Reflected ceiling plan” means a ceiling design
  977  plan which is laid out as if it were projected downward and
  978  which may include lighting and other elements.
  979         (13)(16) “Responsible supervising control” means the
  980  exercise of direct personal supervision and control throughout
  981  the preparation of documents, instruments of service, or any
  982  other work requiring the seal and signature of a licensee under
  983  this part.
  984         (14)(12) “Space planning” means the analysis, programming,
  985  or design of spatial requirements, including preliminary space
  986  layouts and final planning.
  987         (15)(7) “Townhouse” is a single-family dwelling unit not
  988  exceeding three stories in height which is constructed in a
  989  series or group of attached units with property lines separating
  990  such units. Each townhouse shall be considered a separate
  991  building and shall be separated from adjoining townhouses by the
  992  use of separate exterior walls meeting the requirements for zero
  993  clearance from property lines as required by the type of
  994  construction and fire protection requirements; or shall be
  995  separated by a party wall; or may be separated by a single wall
  996  meeting the following requirements:
  997         (a) Such wall shall provide not less than 2 hours of fire
  998  resistance. Plumbing, piping, ducts, or electrical or other
  999  building services shall not be installed within or through the
 1000  2-hour wall unless such materials and methods of penetration
 1001  have been tested in accordance with the Standard Building Code.
 1002         (b) Such wall shall extend from the foundation to the
 1003  underside of the roof sheathing, and the underside of the roof
 1004  shall have at least 1 hour of fire resistance for a width not
 1005  less than 4 feet on each side of the wall.
 1006         (c) Each dwelling unit sharing such wall shall be designed
 1007  and constructed to maintain its structural integrity independent
 1008  of the unit on the opposite side of the wall. 
 1009         Section 62. Subsection (1) and paragraph (a) of subsection
 1010  (3) of section 481.205, Florida Statutes, are amended to read:
 1011         481.205 Board of Architecture and Interior Design.—
 1012         (1) The Board of Architecture and Interior Design is
 1013  created within the Department of Business and Professional
 1014  Regulation. The board shall consist of seven 11 members. Five
 1015  members must be registered architects who have been engaged in
 1016  the practice of architecture for at least 5 years; three members
 1017  must be registered interior designers who have been offering
 1018  interior design services for at least 5 years and who are not
 1019  also registered architects; and two three members must be
 1020  laypersons who are not, and have never been, architects,
 1021  interior designers, or members of any closely related profession
 1022  or occupation. At least one member of the board must be 60 years
 1023  of age or older.
 1024         (3)(a) Notwithstanding the provisions of ss. 455.225,
 1025  455.228, and 455.32, the duties and authority of the department
 1026  to receive complaints and investigate and discipline persons
 1027  licensed under this part, including the ability to determine
 1028  legal sufficiency and probable cause; to initiate proceedings
 1029  and issue final orders for summary suspension or restriction of
 1030  a license pursuant to s. 120.60(6); to issue notices of
 1031  noncompliance, notices to cease and desist, subpoenas, and
 1032  citations; to retain legal counsel, investigators, or
 1033  prosecutorial staff in connection with the licensed practice of
 1034  architecture and interior design; and to investigate and deter
 1035  the unlicensed practice of architecture and interior design as
 1036  provided in s. 455.228 are delegated to the board. All
 1037  complaints and any information obtained pursuant to an
 1038  investigation authorized by the board are confidential and
 1039  exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
 1040         Section 63. Section 481.207, Florida Statutes, is amended
 1041  to read:
 1042         481.207 Fees.—The board, by rule, may establish separate
 1043  fees for architects and interior designers, to be paid for
 1044  applications, examination, reexamination, licensing and renewal,
 1045  delinquency, reinstatement, and recordmaking and recordkeeping.
 1046  The examination fee shall be in an amount that covers the cost
 1047  of obtaining and administering the examination and shall be
 1048  refunded if the applicant is found ineligible to sit for the
 1049  examination. The application fee is nonrefundable. The fee for
 1050  initial application and examination for architects and interior
 1051  designers may not exceed $775 plus the actual per applicant cost
 1052  to the department for purchase of the examination from the
 1053  National Council of Architectural Registration Boards or the
 1054  National Council of Interior Design Qualifications,
 1055  respectively, or similar national organizations. The biennial
 1056  renewal fee for architects may not exceed $200. The biennial
 1057  renewal fee for interior designers may not exceed $500. The
 1058  delinquency fee may not exceed the biennial renewal fee
 1059  established by the board for an active license. The board shall
 1060  establish fees that are adequate to ensure the continued
 1061  operation of the board and to fund the proportionate expenses
 1062  incurred by the department which are allocated to the regulation
 1063  of architects and interior designers. Fees shall be based on
 1064  department estimates of the revenue required to implement this
 1065  part and the provisions of law with respect to the regulation of
 1066  architects and interior designers.
 1067         Section 64. Section 481.209, Florida Statutes, is amended
 1068  to read:
 1069         481.209 Examinations.—
 1070         (1) A person desiring to be licensed as a registered
 1071  architect by initial examination shall apply to the department,
 1072  complete the application form, and remit a nonrefundable
 1073  application fee. The department shall license any applicant who
 1074  the board certifies:
 1075         (a) has passed the licensure examination prescribed by
 1076  board rule; and
 1077         (b) is a graduate of a school or college of architecture
 1078  with a program accredited by the National Architectural
 1079  Accreditation Board.
 1080         (2)A person desiring to be licensed as a registered
 1081  interior designer shall apply to the department for licensure.
 1082  The department shall administer the licensure examination for
 1083  interior designers to each applicant who has completed the
 1084  application form and remitted the application and examination
 1085  fees specified in s. 481.207 and who the board certifies:
 1086         (a)Is a graduate from an interior design program of 5
 1087  years or more and has completed 1 year of diversified interior
 1088  design experience;
 1089         (b)Is a graduate from an interior design program of 4
 1090  years or more and has completed 2 years of diversified interior
 1091  design experience;
 1092         (c)Has completed at least 3 years in an interior design
 1093  curriculum and has completed 3 years of diversified interior
 1094  design experience; or
 1095         (d)Is a graduate from an interior design program of at
 1096  least 2 years and has completed 4 years of diversified interior
 1097  design experience.
 1098  Subsequent to October 1, 2000, for the purpose of having the
 1099  educational qualification required under this subsection
 1100  accepted by the board, the applicant must complete his or her
 1101  education at a program, school, or college of interior design
 1102  whose curriculum has been approved by the board as of the time
 1103  of completion. Subsequent to October 1, 2003, all of the
 1104  required amount of educational credits shall have been obtained
 1105  in a program, school, or college of interior design whose
 1106  curriculum has been approved by the board, as of the time each
 1107  educational credit is gained. The board shall adopt rules
 1108  providing for the review and approval of programs, schools, and
 1109  colleges of interior design and courses of interior design study
 1110  based on a review and inspection by the board of the curriculum
 1111  of programs, schools, and colleges of interior design in the
 1112  United States, including those programs, schools, and colleges
 1113  accredited by the Foundation for Interior Design Education
 1114  Research. The board shall adopt rules providing for the review
 1115  and approval of diversified interior design experience required
 1116  by this subsection.
 1117         Section 65. Subsections (1) through (4) of section 481.213,
 1118  Florida Statutes, are amended to read:
 1119         481.213 Licensure.—
 1120         (1) The department shall license any applicant who the
 1121  board certifies is qualified for licensure and who has paid the
 1122  initial licensure fee. Licensure as an architect under this
 1123  section shall be deemed to include all the rights and privileges
 1124  of licensure as an interior designer under this section.
 1125         (2) The board shall certify for licensure by examination
 1126  any applicant who passes the prescribed licensure examination
 1127  and satisfies the requirements of ss. 481.209 and 481.211, for
 1128  architects, or the requirements of s. 481.209, for interior
 1129  designers.
 1130         (3) The board shall certify as qualified for a license by
 1131  endorsement as an architect or as an interior designer an
 1132  applicant who:
 1133         (a) Qualifies to take the prescribed licensure examination,
 1134  and has passed the prescribed licensure examination or a
 1135  substantially equivalent examination in another jurisdiction, as
 1136  set forth in s. 481.209 for architects or interior designers, as
 1137  applicable, and has satisfied the internship requirements set
 1138  forth in s. 481.211 for architects;
 1139         (b) Holds a valid license to practice architecture or
 1140  interior design issued by another jurisdiction of the United
 1141  States, if the criteria for issuance of such license were
 1142  substantially equivalent to the licensure criteria that existed
 1143  in this state at the time the license was issued; provided,
 1144  however, that an applicant who has been licensed for use of the
 1145  title “interior design” rather than licensed to practice
 1146  interior design shall not qualify hereunder; or
 1147         (c) Has passed the prescribed licensure examination and
 1148  holds a valid certificate issued by the National Council of
 1149  Architectural Registration Boards, and holds a valid license to
 1150  practice architecture issued by another state or jurisdiction of
 1151  the United States.
 1152         (4) The board may refuse to certify any applicant who has
 1153  violated any of the provisions of s. 481.223, or s. 481.225, or
 1154  s. 481.2251, as applicable.
 1155         Section 66. Section 481.2131, Florida Statutes, is amended
 1156  to read:
 1157         481.2131 Interior design; practice requirements; disclosure
 1158  of compensation for professional services.—
 1159         (1) A registered interior designer is authorized to perform
 1160  “interior design” as defined in s. 481.203. Interior design
 1161  documents prepared by a registered interior designer shall
 1162  contain a statement that the document is not an architectural or
 1163  engineering study, drawing, specification, or design and is not
 1164  to be used for construction of any load-bearing columns, load
 1165  bearing framing or walls of structures, or issuance of any
 1166  building permit, except as otherwise provided by law. Interior
 1167  design documents that are prepared and sealed by an a registered
 1168  interior designer must may, if required by a permitting body, be
 1169  accepted by the permitting body be submitted for the issuance of
 1170  a building permit for interior construction excluding design of
 1171  any structural, mechanical, plumbing, heating, air-conditioning,
 1172  ventilating, electrical, or vertical transportation systems or
 1173  that materially affect lifesafety systems pertaining to
 1174  firesafety protection such as fire-rated separations between
 1175  interior spaces, fire-rated vertical shafts in multistory
 1176  structures, fire-rated protection of structural elements, smoke
 1177  evacuation and compartmentalization, emergency ingress or egress
 1178  systems, and emergency alarm systems. Interior design documents
 1179  submitted for the issuance of a building permit by an individual
 1180  performing interior design services who is not a licensed
 1181  architect must include written proof that such individual has
 1182  successfully passed the qualification examination prescribed by
 1183  either the National Council for Interior Design Qualifications
 1184  or the California Council for Interior Design Certification. All
 1185  drawings, plans, specifications, or reports prepared or issued
 1186  by the interior designer and filed for public record shall bear
 1187  the signature of the interior designer who prepared or approved
 1188  the document and the date on which they were signed. The
 1189  signature and date shall be evidence of the authenticity of that
 1190  to which they are affixed. Final plans, specifications, or
 1191  reports prepared or issued by an interior designer may be
 1192  transmitted electronically and may be electronically signed by
 1193  the interior designer.
 1194         (2) A license or registration is not required for a person
 1195  whose occupation or practice is confined to interior design or
 1196  interior decorator services An interior designer shall, before
 1197  entering into a contract, verbal or written, clearly determine
 1198  the scope and nature of the project and the method or methods of
 1199  compensation. The interior designer may offer professional
 1200  services to the client as a consultant, specifier, or supplier
 1201  on the basis of a fee, percentage, or markup. The interior
 1202  designer shall have the responsibility of fully disclosing to
 1203  the client the manner in which all compensation is to be paid.
 1204  Unless the client knows and agrees, the interior designer shall
 1205  not accept any form of compensation from a supplier of goods and
 1206  services in cash or in kind.
 1207         Section 67. Subsections (3) and (5) of section 481.215,
 1208  Florida Statutes, are amended to read:
 1209         481.215 Renewal of license.—
 1210         (3) A No license renewal may not shall be issued to an
 1211  architect or an interior designer by the department until the
 1212  licensee submits proof satisfactory to the department that,
 1213  during the 2 years before prior to application for renewal, the
 1214  licensee participated per biennium in not less than 20 hours of
 1215  at least 50 minutes each per biennium of continuing education
 1216  approved by the board. The board shall approve only continuing
 1217  education that builds upon the basic knowledge of architecture
 1218  or interior design. The board may make exception from the
 1219  requirements of continuing education in emergency or hardship
 1220  cases.
 1221         (5)The board shall require, by rule adopted pursuant to
 1222  ss. 120.536(1) and 120.54, a specified number of hours in
 1223  specialized or advanced courses, approved by the Florida
 1224  Building Commission, on any portion of the Florida Building
 1225  Code, adopted pursuant to part IV of chapter 553, relating to
 1226  the licensee’s respective area of practice.
 1227         Section 68. Subsection (1) of section 481.217, Florida
 1228  Statutes, is amended to read:
 1229         481.217 Inactive status.—
 1230         (1) The board may prescribe by rule continuing education
 1231  requirements as a condition of reactivating a license. The rules
 1232  may not require more than one renewal cycle of continuing
 1233  education to reactivate a license for a registered architect or
 1234  interior designer. For interior design, the board may approve
 1235  only continuing education that builds upon the basic knowledge
 1236  of interior design.
 1237         Section 69. Section 481.219, Florida Statutes, is amended
 1238  to read:
 1239         481.219 Qualification of business organizations
 1240  certification of partnerships, limited liability companies, and
 1241  corporations.—
 1242         (1) A licensee may The practice of or the offer to practice
 1243  architecture or interior design by licensees through a qualified
 1244  business organization that offers corporation, limited liability
 1245  company, or partnership offering architectural or interior
 1246  design services to the public, or by a corporation, limited
 1247  liability company, or partnership offering architectural or
 1248  interior design services to the public through licensees under
 1249  this part as agents, employees, officers, or partners, is
 1250  permitted, subject to the provisions of this section.
 1251         (2) If a licensee or an applicant proposes to engage in the
 1252  practice of architecture as a business organization, the
 1253  licensee or applicant shall qualify the business organization
 1254  upon approval of the board For the purposes of this section, a
 1255  certificate of authorization shall be required for a
 1256  corporation, limited liability company, partnership, or person
 1257  practicing under a fictitious name, offering architectural
 1258  services to the public jointly or separately. However, when an
 1259  individual is practicing architecture in her or his own name,
 1260  she or he shall not be required to be certified under this
 1261  section. Certification under this subsection to offer
 1262  architectural services shall include all the rights and
 1263  privileges of certification under subsection (3) to offer
 1264  interior design services.
 1265         (3)(a)A business organization may not engage in the
 1266  practice of architecture unless its qualifying agent is a
 1267  registered architect under this part. A qualifying agent who
 1268  terminates an affiliation with a qualified business organization
 1269  shall immediately notify the department of such termination. If
 1270  such qualifying agent is the only qualifying agent for that
 1271  business organization, the business organization must be
 1272  qualified by another qualifying agent within 60 days after the
 1273  termination. Except as provided in paragraph (b), the business
 1274  organization may not engage in the practice of architecture
 1275  until it is qualified by another qualifying agent.
 1276         (b)In the event a qualifying agent ceases employment with
 1277  a qualified business organization, the executive director or the
 1278  chair of the board may authorize another registered architect
 1279  employed by the business organization to temporarily serve as
 1280  its qualifying agent for a period of no more than 60 days. The
 1281  business organization is not authorized to operate beyond such
 1282  period under this chapter absent replacement of the qualifying
 1283  agent who has ceased employment.
 1284         (c)A qualifying agent shall notify the department in
 1285  writing before engaging in the practice of architecture in her
 1286  or his own name or in affiliation with a different business
 1287  organization, and she or he or such business organization shall
 1288  supply the same information to the department as required of
 1289  applicants under this part.
 1290         (3)For the purposes of this section, a certificate of
 1291  authorization shall be required for a corporation, limited
 1292  liability company, partnership, or person operating under a
 1293  fictitious name, offering interior design services to the public
 1294  jointly or separately. However, when an individual is practicing
 1295  interior design in her or his own name, she or he shall not be
 1296  required to be certified under this section.
 1297         (4) All final construction documents and instruments of
 1298  service which include drawings, specifications, plans, reports,
 1299  or other papers or documents that involve involving the practice
 1300  of architecture which are prepared or approved for the use of
 1301  the business organization corporation, limited liability
 1302  company, or partnership and filed for public record within the
 1303  state must shall bear the signature and seal of the licensee who
 1304  prepared or approved them and the date on which they were
 1305  sealed.
 1306         (5)All drawings, specifications, plans, reports, or other
 1307  papers or documents prepared or approved for the use of the
 1308  corporation, limited liability company, or partnership by an
 1309  interior designer in her or his professional capacity and filed
 1310  for public record within the state shall bear the signature and
 1311  seal of the licensee who prepared or approved them and the date
 1312  on which they were sealed.
 1313         (6)The department shall issue a certificate of
 1314  authorization to any applicant who the board certifies as
 1315  qualified for a certificate of authorization and who has paid
 1316  the fee set in s. 481.207.
 1317         (5)(7) The board shall allow a licensee or certify an
 1318  applicant to qualify one or more business organizations as
 1319  qualified for a certificate of authorization to offer
 1320  architectural or interior design services, or to use a
 1321  fictitious name to offer such services, if provided that:
 1322         (a) one or more of the principal officers of the
 1323  corporation or limited liability company, or one or more
 1324  partners of the partnership, and all personnel of the
 1325  corporation, limited liability company, or partnership who act
 1326  in its behalf in this state as architects, are registered as
 1327  provided by this part.; or
 1328         (b)One or more of the principal officers of the
 1329  corporation or one or more partners of the partnership, and all
 1330  personnel of the corporation, limited liability company, or
 1331  partnership who act in its behalf in this state as interior
 1332  designers, are registered as provided by this part.
 1333         (8)The department shall adopt rules establishing a
 1334  procedure for the biennial renewal of certificates of
 1335  authorization.
 1336         (9)The department shall renew a certificate of
 1337  authorization upon receipt of the renewal application and
 1338  biennial renewal fee.
 1339         (6)(10) Each qualifying agent who qualifies a business
 1340  organization partnership, limited liability company, and
 1341  corporation certified under this section shall notify the
 1342  department within 30 days after of any change in the information
 1343  contained in the application upon which the qualification
 1344  certification is based. Any registered architect or interior
 1345  designer who qualifies the business organization shall ensure
 1346  corporation, limited liability company, or partnership as
 1347  provided in subsection (7) shall be responsible for ensuring
 1348  responsible supervising control of projects of the business
 1349  organization entity and shall notify the department of the upon
 1350  termination of her or his employment with a business
 1351  organization qualified partnership, limited liability company,
 1352  or corporation certified under this section shall notify the
 1353  department of the termination within 30 days after such
 1354  termination.
 1355         (7)(11)A business organization is not No corporation,
 1356  limited liability company, or partnership shall be relieved of
 1357  responsibility for the conduct or acts of its agents, employees,
 1358  or officers by reason of its compliance with this section.
 1359  However, except as provided in s. 558.0035, the architect who
 1360  signs and seals the construction documents and instruments of
 1361  service is shall be liable for the professional services
 1362  performed, and the interior designer who signs and seals the
 1363  interior design drawings, plans, or specifications shall be
 1364  liable for the professional services performed.
 1365         (12)Disciplinary action against a corporation, limited
 1366  liability company, or partnership shall be administered in the
 1367  same manner and on the same grounds as disciplinary action
 1368  against a registered architect or interior designer,
 1369  respectively.
 1370         (8)(13)Nothing in This section may not shall be construed
 1371  to mean that a certificate of registration to practice
 1372  architecture or interior design must shall be held by a business
 1373  organization corporation, limited liability company, or
 1374  partnership. Nothing in This section does not prohibit a
 1375  business organization from offering prohibits corporations,
 1376  limited liability companies, and partnerships from joining
 1377  together to offer architectural or, engineering, interior
 1378  design, surveying and mapping, and landscape architectural
 1379  services, or any combination of such services, to the public if
 1380  the business organization, provided that each corporation,
 1381  limited liability company, or partnership otherwise meets the
 1382  requirements of law.
 1383         (14)Corporations, limited liability companies, or
 1384  partnerships holding a valid certificate of authorization to
 1385  practice architecture shall be permitted to use in their title
 1386  the term “interior designer” or “registered interior designer.”
 1387         Section 70. Subsections (4), (6), (8), (10), (11), and (12)
 1388  of section 481.221, Florida Statutes, are renumbered as
 1389  subsections (3), (4), (5), (6), (7), and (8), respectively, and
 1390  present subsections (3), (5), (7), (9), (10), (11), and (12) of
 1391  that section are amended to read:
 1392         481.221 Seals; display of certificate number; permitting
 1393  requirements.—
 1394         (3)The board shall adopt a rule prescribing the distinctly
 1395  different seals to be used by registered interior designers
 1396  holding valid certificates of registration. Each registered
 1397  interior designer shall obtain a seal as prescribed by the
 1398  board, and all drawings, plans, specifications, or reports
 1399  prepared or issued by the registered interior designer and being
 1400  filed for public record shall bear the signature and seal of the
 1401  registered interior designer who prepared or approved the
 1402  document and the date on which they were sealed. The signature,
 1403  date, and seal shall be evidence of the authenticity of that to
 1404  which they are affixed. Final plans, specifications, or reports
 1405  prepared or issued by a registered interior designer may be
 1406  transmitted electronically and may be signed by the registered
 1407  interior designer, dated, and sealed electronically with the
 1408  seal in accordance with ss. 668.001-668.006.
 1409         (5)No registered interior designer shall affix, or permit
 1410  to be affixed, her or his seal or signature to any plan,
 1411  specification, drawing, or other document which depicts work
 1412  which she or he is not competent or licensed to perform.
 1413         (7)No registered interior designer shall affix her or his
 1414  signature or seal to any plans, specifications, or other
 1415  documents which were not prepared by her or him or under her or
 1416  his responsible supervising control or by another registered
 1417  interior designer and reviewed, approved, or modified and
 1418  adopted by her or him as her or his own work according to rules
 1419  adopted by the board.
 1420         (9)Studies, drawings, specifications, and other related
 1421  documents prepared by a registered interior designer in
 1422  providing interior design services shall be of a sufficiently
 1423  high standard to clearly and accurately indicate all essential
 1424  parts of the work to which they refer.
 1425         (6)(10) Each registered architect must or interior
 1426  designer, and each corporation, limited liability company, or
 1427  partnership holding a certificate of authorization, shall
 1428  include her or his license its certificate number in any
 1429  newspaper, telephone directory, or other advertising medium used
 1430  by the registered licensee architect, interior designer,
 1431  corporation, limited liability company, or partnership. Each
 1432  business organization must include the license number of the
 1433  registered architect who serves as the qualifying agent for that
 1434  business organization in any newspaper, telephone directory, or
 1435  other advertising medium used by the business organization. A
 1436  business organization is not required to display the license
 1437  numbers of other registered architects employed by the business
 1438  organization A corporation, limited liability company, or
 1439  partnership is not required to display the certificate number of
 1440  individual registered architects or interior designers employed
 1441  by or working within the corporation, limited liability company,
 1442  or partnership.
 1443         (7)(11) When the certificate of registration of a
 1444  registered architect or interior designer has been revoked or
 1445  suspended by the board, the registered architect or interior
 1446  designer shall surrender her or his seal to the secretary of the
 1447  board within a period of 30 days after the revocation or
 1448  suspension has become effective. If the certificate of the
 1449  registered architect or interior designer has been suspended for
 1450  a period of time, her or his seal shall be returned to her or
 1451  him upon expiration of the suspension period.
 1452         (8)(12) A person may not sign and seal by any means any
 1453  final plan, specification, or report after her or his
 1454  certificate of registration has expired or is suspended or
 1455  revoked. A registered architect or interior designer whose
 1456  certificate of registration is suspended or revoked shall,
 1457  within 30 days after the effective date of the suspension or
 1458  revocation, surrender her or his seal to the executive director
 1459  of the board and confirm in writing to the executive director
 1460  the cancellation of the registered architect’s or interior
 1461  designer’s electronic signature in accordance with ss. 668.001
 1462  668.006. When a registered architect’s or interior designer’s
 1463  certificate of registration is suspended for a period of time,
 1464  her or his seal shall be returned upon expiration of the period
 1465  of suspension.
 1466         Section 71. Section 481.222, Florida Statutes, is amended
 1467  to read:
 1468         481.222 Architects performing building code inspection
 1469  services.—Notwithstanding any other provision of law, a person
 1470  who is currently licensed to practice as an architect under this
 1471  part may provide building code inspection services described in
 1472  s. 468.603(5) and (8) to a local government or state agency upon
 1473  its request, without being certified by the Florida Building
 1474  Code Administrators and Inspectors Board under part XII of
 1475  chapter 468. With respect to the performance of such building
 1476  code inspection services, the architect is subject to the
 1477  disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
 1478  Any complaint processing, investigation, and discipline that
 1479  arise out of an architect’s performance of building code
 1480  inspection services shall be conducted by the Board of
 1481  Architecture and Interior Design rather than the Florida
 1482  Building Code Administrators and Inspectors Board. An architect
 1483  may not perform plans review as an employee of a local
 1484  government upon any job that the architect or the architect’s
 1485  company designed.
 1486         Section 72. Section 481.223, Florida Statutes, is amended
 1487  to read:
 1488         481.223 Prohibitions; penalties; injunctive relief.—
 1489         (1) A person may not knowingly:
 1490         (a) Practice architecture unless the person is an architect
 1491  or a registered architect; however, a licensed architect who has
 1492  been licensed by the board and who chooses to relinquish or not
 1493  to renew his or her license may use the title “Architect,
 1494  Retired” but may not otherwise render any architectural
 1495  services.
 1496         (b)Practice interior design unless the person is a
 1497  registered interior designer unless otherwise exempted herein;
 1498  however, an interior designer who has been licensed by the board
 1499  and who chooses to relinquish or not to renew his or her license
 1500  may use the title “Interior Designer, Retired” but may not
 1501  otherwise render any interior design services.
 1502         (b)(c) Use the name or title “architect,or “registered
 1503  architect,” or “interior designer” or “registered interior
 1504  designer,” or words to that effect, when the person is not then
 1505  the holder of a valid license issued pursuant to this part.
 1506         (c)(d) Present as his or her own the license of another.
 1507         (d)(e) Give false or forged evidence to the board or a
 1508  member thereof.
 1509         (e)(f) Use or attempt to use an architect or interior
 1510  designer license that has been suspended, revoked, or placed on
 1511  inactive or delinquent status.
 1512         (f)(g) Employ unlicensed persons to practice architecture
 1513  or interior design.
 1514         (g)(h) Conceal information relative to violations of this
 1515  part.
 1516         (2) Any person who violates any provision of subsection (1)
 1517  commits a misdemeanor of the first degree, punishable as
 1518  provided in s. 775.082 or s. 775.083.
 1519         (3)(a) Notwithstanding chapter 455 or any other law to the
 1520  contrary, an affected person may maintain an action for
 1521  injunctive relief to restrain or prevent a person from violating
 1522  paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
 1523  prevailing party is entitled to actual costs and attorney’s
 1524  fees.
 1525         (b) For purposes of this subsection, the term “affected
 1526  person” means a person directly affected by the actions of a
 1527  person suspected of violating paragraph (1)(a) or, paragraph
 1528  (1)(b), or paragraph (1)(c) and includes, but is not limited to,
 1529  the department, any person who received services from the
 1530  alleged violator, or any private association composed primarily
 1531  of members of the profession the alleged violator is practicing
 1532  or offering to practice or holding himself or herself out as
 1533  qualified to practice.
 1534         Section 73. Section 481.2251, Florida Statutes, is
 1535  repealed.
 1536         Section 74. Subsections (5) through (8) of section 481.229,
 1537  Florida Statutes, are amended to read:
 1538         481.229 Exceptions; exemptions from licensure.—
 1539         (5)(a)Nothing contained in this part shall prevent a
 1540  registered architect or a partnership, limited liability
 1541  company, or corporation holding a valid certificate of
 1542  authorization to provide architectural services from performing
 1543  any interior design service or from using the title “interior
 1544  designer” or “registered interior designer.”
 1545         (b)Notwithstanding any other provision of this part, all
 1546  persons licensed as architects under this part shall be
 1547  qualified for interior design licensure upon submission of a
 1548  completed application for such license and a fee not to exceed
 1549  $30. Such persons shall be exempt from the requirements of s.
 1550  481.209(2). For architects licensed as interior designers,
 1551  satisfaction of the requirements for renewal of licensure as an
 1552  architect under s. 481.215 shall be deemed to satisfy the
 1553  requirements for renewal of licensure as an interior designer
 1554  under that section. Complaint processing, investigation, or
 1555  other discipline-related legal costs related to persons licensed
 1556  as interior designers under this paragraph shall be assessed
 1557  against the architects’ account of the Regulatory Trust Fund.
 1558         (c)Notwithstanding any other provision of this part, any
 1559  corporation, partnership, or person operating under a fictitious
 1560  name which holds a certificate of authorization to provide
 1561  architectural services shall be qualified, without fee, for a
 1562  certificate of authorization to provide interior design services
 1563  upon submission of a completed application therefor. For
 1564  corporations, partnerships, and persons operating under a
 1565  fictitious name which hold a certificate of authorization to
 1566  provide interior design services, satisfaction of the
 1567  requirements for renewal of the certificate of authorization to
 1568  provide architectural services under s. 481.219 shall be deemed
 1569  to satisfy the requirements for renewal of the certificate of
 1570  authorization to provide interior design services under that
 1571  section.
 1572         (6)This part shall not apply to:
 1573         (a)A person who performs interior design services or
 1574  interior decorator services for any residential application,
 1575  provided that such person does not advertise as, or represent
 1576  himself or herself as, an interior designer. For purposes of
 1577  this paragraph, “residential applications” includes all types of
 1578  residences, including, but not limited to, residence buildings,
 1579  single-family homes, multifamily homes, townhouses, apartments,
 1580  condominiums, and domestic outbuildings appurtenant to one
 1581  family or two-family residences. However, “residential
 1582  applications” does not include common areas associated with
 1583  instances of multiple-unit dwelling applications.
 1584         (b)An employee of a retail establishment providing
 1585  “interior decorator services” on the premises of the retail
 1586  establishment or in the furtherance of a retail sale or
 1587  prospective retail sale, provided that such employee does not
 1588  advertise as, or represent himself or herself as, an interior
 1589  designer.
 1590         (7)Nothing in this part shall be construed as authorizing
 1591  or permitting an interior designer to engage in the business of,
 1592  or to act as, a contractor within the meaning of chapter 489,
 1593  unless registered or certified as a contractor pursuant to
 1594  chapter 489.
 1595         (5)(8) A manufacturer of commercial food service equipment
 1596  or the manufacturer’s representative, distributor, or dealer or
 1597  an employee thereof, who prepares designs, specifications, or
 1598  layouts for the sale or installation of such equipment is exempt
 1599  from licensure as an architect or interior designer, if:
 1600         (a) The designs, specifications, or layouts are not used
 1601  for construction or installation that may affect structural,
 1602  mechanical, plumbing, heating, air conditioning, ventilating,
 1603  electrical, or vertical transportation systems.
 1604         (b) The designs, specifications, or layouts do not
 1605  materially affect lifesafety systems pertaining to firesafety
 1606  protection, smoke evacuation and compartmentalization, and
 1607  emergency ingress or egress systems.
 1608         (c) Each design, specification, or layout document prepared
 1609  by a person or entity exempt under this subsection contains a
 1610  statement on each page of the document that the designs,
 1611  specifications, or layouts are not architectural, interior
 1612  design, or engineering designs, specifications, or layouts and
 1613  not used for construction unless reviewed and approved by a
 1614  licensed architect or engineer.
 1615         Section 75. Subsection (1) of section 481.231, Florida
 1616  Statutes, is amended to read:
 1617         481.231 Effect of part locally.—
 1618         (1) Nothing in This part does not shall be construed to
 1619  repeal, amend, limit, or otherwise affect any specific provision
 1620  of any local building code or zoning law or ordinance that has
 1621  been duly adopted, now or hereafter enacted, which is more
 1622  restrictive, with respect to the services of registered
 1623  architects or registered interior designers, than the provisions
 1624  of this part; provided, however, that a licensed architect shall
 1625  be deemed licensed as an interior designer for purposes of
 1626  offering or rendering interior design services to a county,
 1627  municipality, or other local government or political
 1628  subdivision.
 1629         Section 76. Section 481.303, Florida Statutes, is amended
 1630  to read:
 1631         481.303 Definitions.—As used in this chapter, the term:
 1632         (1) “Board” means the Board of Landscape Architecture.
 1633         (2)(4) “Certificate of registration” means a license issued
 1634  by the department to a natural person to engage in the practice
 1635  of landscape architecture.
 1636         (3)(2) “Department” means the Department of Business and
 1637  Professional Regulation.
 1638         (5)“Certificate of authorization” means a license issued
 1639  by the department to a corporation or partnership to engage in
 1640  the practice of landscape architecture.
 1641         (4)(6) “Landscape architecture” means professional
 1642  services, including, but not limited to, the following:
 1643         (a) Consultation, investigation, research, planning,
 1644  design, preparation of drawings, specifications, contract
 1645  documents and reports, responsible construction supervision, or
 1646  landscape management in connection with the planning and
 1647  development of land and incidental water areas, including the
 1648  use of Florida-friendly landscaping as defined in s. 373.185,
 1649  where, and to the extent that, the dominant purpose of such
 1650  services or creative works is the preservation, conservation,
 1651  enhancement, or determination of proper land uses, natural land
 1652  features, ground cover and plantings, or naturalistic and
 1653  aesthetic values;
 1654         (b) The determination of settings, grounds, and approaches
 1655  for and the siting of buildings and structures, outdoor areas,
 1656  or other improvements;
 1657         (c) The setting of grades, shaping and contouring of land
 1658  and water forms, determination of drainage, and provision for
 1659  storm drainage and irrigation systems where such systems are
 1660  necessary to the purposes outlined herein; and
 1661         (d) The design of such tangible objects and features as are
 1662  necessary to the purpose outlined herein.
 1663         (5)(7) “Landscape design” means consultation for and
 1664  preparation of planting plans drawn for compensation, including
 1665  specifications and installation details for plant materials,
 1666  soil amendments, mulches, edging, gravel, and other similar
 1667  materials. Such plans may include only recommendations for the
 1668  conceptual placement of tangible objects for landscape design
 1669  projects. Construction documents, details, and specifications
 1670  for tangible objects and irrigation systems shall be designed or
 1671  approved by licensed professionals as required by law.
 1672         (6)(3) “Registered landscape architect” means a person who
 1673  holds a license to practice landscape architecture in this state
 1674  under the authority of this act.
 1675         Section 77. Section 481.310, Florida Statutes, is amended
 1676  to read:
 1677         481.310 Practical experience requirement.—Beginning October
 1678  1, 1990, every applicant for licensure as a registered landscape
 1679  architect shall demonstrate, prior to licensure, 1 year of
 1680  practical experience in landscape architectural work. An
 1681  applicant who holds a master of landscape architecture degree is
 1682  not required to demonstrate 1 year of practical experience in
 1683  landscape architectural work to obtain licensure. The board
 1684  shall adopt rules providing standards for the required
 1685  experience. An applicant who qualifies for examination pursuant
 1686  to s. 481.309(1)(b)1. may obtain the practical experience after
 1687  completing the required professional degree. Experience used to
 1688  qualify for examination pursuant to s. 481.309(1)(b)2. may not
 1689  be used to satisfy the practical experience requirement under
 1690  this section.
 1691         Section 78. Subsections (5) and (6) of section 481.311,
 1692  Florida Statutes, are renumbered as subsections (4) and (5),
 1693  respectively, and subsection (3) and present subsection (4) of
 1694  that section are amended, to read:
 1695         481.311 Licensure.—
 1696         (3) The board shall certify as qualified for a license by
 1697  endorsement an applicant who:
 1698         (a) Qualifies to take the examination as set forth in s.
 1699  481.309; and has passed a national, regional, state, or
 1700  territorial licensing examination which is substantially
 1701  equivalent to the examination required by s. 481.309; or
 1702         (b) Holds a valid license to practice landscape
 1703  architecture issued by another state or territory of the United
 1704  States, if the criteria for issuance of such license were
 1705  substantially identical to the licensure criteria which existed
 1706  in this state at the time the license was issued; or.
 1707         (c)Has held a valid license to practice landscape
 1708  architecture in another state or territory of the United States
 1709  for at least 10 years before the date of application and has
 1710  successfully completed a state, regional, national, or other
 1711  examination that is equivalent to or more stringent than the
 1712  examination required by the board, subject to subsection (5). An
 1713  applicant who has met the requirements to be qualified for a
 1714  license by endorsement except for successful completion of an
 1715  examination that is equivalent to or more stringent than the
 1716  examination required by the board may take the examination
 1717  required by the board without completing additional education
 1718  requirements.
 1719         (4)The board shall certify as qualified for a certificate
 1720  of authorization any applicant corporation or partnership who
 1721  satisfies the requirements of s. 481.319.
 1722         Section 79. Subsection (2) of section 481.317, Florida
 1723  Statutes, is amended to read:
 1724         481.317 Temporary certificates.—
 1725         (2)Upon approval by the board and payment of the fee set
 1726  in s. 481.307, the department shall grant a temporary
 1727  certificate of authorization for work on one specified project
 1728  in this state for a period not to exceed 1 year to an out-of
 1729  state corporation, partnership, or firm, provided one of the
 1730  principal officers of the corporation, one of the partners of
 1731  the partnership, or one of the principals in the fictitiously
 1732  named firm has obtained a temporary certificate of registration
 1733  in accordance with subsection (1).
 1734         Section 80. Section 481.319, Florida Statutes, is amended
 1735  to read:
 1736         481.319 Corporate and partnership practice of landscape
 1737  architecture; certificate of authorization.—
 1738         (1) The practice of or offer to practice landscape
 1739  architecture by registered landscape architects registered under
 1740  this part through a corporation or partnership offering
 1741  landscape architectural services to the public, or through a
 1742  corporation or partnership offering landscape architectural
 1743  services to the public through individual registered landscape
 1744  architects as agents, employees, officers, or partners, is
 1745  permitted, subject to the provisions of this section, if:
 1746         (a) One or more of the principal officers of the
 1747  corporation, or partners of the partnership, and all personnel
 1748  of the corporation or partnership who act in its behalf as
 1749  landscape architects in this state are registered landscape
 1750  architects; and
 1751         (b) One or more of the officers, one or more of the
 1752  directors, one or more of the owners of the corporation, or one
 1753  or more of the partners of the partnership is a registered
 1754  landscape architect; and
 1755         (c)The corporation or partnership has been issued a
 1756  certificate of authorization by the board as provided herein.
 1757         (2) All documents involving the practice of landscape
 1758  architecture which are prepared for the use of the corporation
 1759  or partnership shall bear the signature and seal of a registered
 1760  landscape architect.
 1761         (3) A landscape architect applying to practice in the name
 1762  of a An applicant corporation must shall file with the
 1763  department the names and addresses of all officers and board
 1764  members of the corporation, including the principal officer or
 1765  officers, duly registered to practice landscape architecture in
 1766  this state and, also, of all individuals duly registered to
 1767  practice landscape architecture in this state who shall be in
 1768  responsible charge of the practice of landscape architecture by
 1769  the corporation in this state. A landscape architect applying to
 1770  practice in the name of a An applicant partnership must shall
 1771  file with the department the names and addresses of all partners
 1772  of the partnership, including the partner or partners duly
 1773  registered to practice landscape architecture in this state and,
 1774  also, of an individual or individuals duly registered to
 1775  practice landscape architecture in this state who shall be in
 1776  responsible charge of the practice of landscape architecture by
 1777  said partnership in this state.
 1778         (4) Each landscape architect qualifying a partnership or
 1779  and corporation licensed under this part must shall notify the
 1780  department within 1 month after of any change in the information
 1781  contained in the application upon which the license is based.
 1782  Any landscape architect who terminates her or his or her
 1783  employment with a partnership or corporation licensed under this
 1784  part shall notify the department of the termination within 1
 1785  month after such termination.
 1786         (5)Disciplinary action against a corporation or
 1787  partnership shall be administered in the same manner and on the
 1788  same grounds as disciplinary action against a registered
 1789  landscape architect.
 1790         (5)(6) Except as provided in s. 558.0035, the fact that a
 1791  registered landscape architect practices landscape architecture
 1792  through a corporation or partnership as provided in this section
 1793  does not relieve the landscape architect from personal liability
 1794  for her or his or her professional acts.
 1795         Section 81. Subsection (5) of section 481.321, Florida
 1796  Statutes, is amended to read:
 1797         481.321 Seals; display of certificate number.—
 1798         (5) Each registered landscape architect must and each
 1799  corporation or partnership holding a certificate of
 1800  authorization shall include her or his its certificate number in
 1801  any newspaper, telephone directory, or other advertising medium
 1802  used by the registered landscape architect, corporation, or
 1803  partnership. A corporation or partnership must is not required
 1804  to display the certificate number numbers of at least one
 1805  officer, director, owner, or partner who is a individual
 1806  registered landscape architect architects employed by or
 1807  practicing with the corporation or partnership.
 1808         Section 82. Subsection (5) of section 481.329, Florida
 1809  Statutes, is amended to read:
 1810         481.329 Exceptions; exemptions from licensure.—
 1811         (5) This part does not prohibit any person from engaging in
 1812  the practice of landscape design, as defined in s. 481.303
 1813  481.303(7), or from submitting for approval to a governmental
 1814  agency planting plans that are independent of, or a component
 1815  of, construction documents that are prepared by a Florida
 1816  registered professional. Persons providing landscape design
 1817  services shall not use the title, term, or designation
 1818  “landscape architect,” “landscape architectural,” “landscape
 1819  architecture,” “L.A.,” “landscape engineering,” or any
 1820  description tending to convey the impression that she or he is a
 1821  landscape architect unless she or he is registered as provided
 1822  in this part.
 1823         Section 83. Subsection (9) of section 489.103, Florida
 1824  Statutes, is amended to read:
 1825         489.103 Exemptions.—This part does not apply to:
 1826         (9) Any work or operation of a casual, minor, or
 1827  inconsequential nature in which the aggregate contract price for
 1828  labor, materials, and all other items is less than $2,500
 1829  $1,000, but this exemption does not apply:
 1830         (a) If the construction, repair, remodeling, or improvement
 1831  is a part of a larger or major operation, whether undertaken by
 1832  the same or a different contractor, or in which a division of
 1833  the operation is made in contracts of amounts less than $2,500
 1834  $1,000 for the purpose of evading this part or otherwise.
 1835         (b) To a person who advertises that he or she is a
 1836  contractor or otherwise represents that he or she is qualified
 1837  to engage in contracting.
 1838         Section 84. Subsection (2) of section 489.111, Florida
 1839  Statutes, is amended to read:
 1840         489.111 Licensure by examination.—
 1841         (2) A person shall be eligible for licensure by examination
 1842  if the person:
 1843         (a) Is 18 years of age;
 1844         (b) Is of good moral character; and
 1845         (c) Meets eligibility requirements according to one of the
 1846  following criteria:
 1847         1. Has received a baccalaureate degree from an accredited
 1848  4-year college in the appropriate field of engineering,
 1849  architecture, or building construction and has 1 year of proven
 1850  experience in the category in which the person seeks to qualify.
 1851  For the purpose of this part, a minimum of 2,000 person-hours
 1852  shall be used in determining full-time equivalency. An applicant
 1853  who is exempt from passing an examination as provided in s.
 1854  489.113(1) is eligible for a license under this section.
 1855         2. Has a total of at least 4 years of active experience as
 1856  a worker who has learned the trade by serving an apprenticeship
 1857  as a skilled worker who is able to command the rate of a
 1858  mechanic in the particular trade or as a foreman who is in
 1859  charge of a group of workers and usually is responsible to a
 1860  superintendent or a contractor or his or her equivalent,
 1861  provided, however, that at least 1 year of active experience
 1862  shall be as a foreman.
 1863         3. Has a combination of not less than 1 year of experience
 1864  as a foreman and not less than 3 years of credits for any
 1865  accredited college-level courses; has a combination of not less
 1866  than 1 year of experience as a skilled worker, 1 year of
 1867  experience as a foreman, and not less than 2 years of credits
 1868  for any accredited college-level courses; or has a combination
 1869  of not less than 2 years of experience as a skilled worker, 1
 1870  year of experience as a foreman, and not less than 1 year of
 1871  credits for any accredited college-level courses. All junior
 1872  college or community college-level courses shall be considered
 1873  accredited college-level courses.
 1874         4.a. An active certified residential contractor is eligible
 1875  to receive a certified building contractor license after passing
 1876  or having previously passed take the building contractors’
 1877  examination if he or she possesses a minimum of 3 years of
 1878  proven experience in the classification in which he or she is
 1879  certified.
 1880         b. An active certified residential contractor is eligible
 1881  to receive a certified general contractor license after passing
 1882  or having previously passed take the general contractors’
 1883  examination if he or she possesses a minimum of 4 years of
 1884  proven experience in the classification in which he or she is
 1885  certified.
 1886         c. An active certified building contractor is eligible to
 1887  receive a certified general contractor license after passing or
 1888  having previously passed take the general contractors’
 1889  examination if he or she possesses a minimum of 4 years of
 1890  proven experience in the classification in which he or she is
 1891  certified.
 1892         5.a. An active certified air-conditioning Class C
 1893  contractor is eligible to receive a certified air-conditioning
 1894  Class B contractor license after passing or having previously
 1895  passed take the air-conditioning Class B contractors’
 1896  examination if he or she possesses a minimum of 3 years of
 1897  proven experience in the classification in which he or she is
 1898  certified.
 1899         b. An active certified air-conditioning Class C contractor
 1900  is eligible to receive a certified air-conditioning Class A
 1901  contractor license after passing or having previously passed
 1902  take the air-conditioning Class A contractors’ examination if he
 1903  or she possesses a minimum of 4 years of proven experience in
 1904  the classification in which he or she is certified.
 1905         c. An active certified air-conditioning Class B contractor
 1906  is eligible to receive a certified air-conditioning Class A
 1907  contractor license after passing or having previously passed
 1908  take the air-conditioning Class A contractors’ examination if he
 1909  or she possesses a minimum of 1 year of proven experience in the
 1910  classification in which he or she is certified.
 1911         6.a. An active certified swimming pool servicing contractor
 1912  is eligible to receive a certified residential swimming pool
 1913  contractor license after passing or having previously passed
 1914  take the residential swimming pool contractors’ examination if
 1915  he or she possesses a minimum of 3 years of proven experience in
 1916  the classification in which he or she is certified.
 1917         b. An active certified swimming pool servicing contractor
 1918  is eligible to receive a certified commercial swimming pool
 1919  contractor license after passing or having previously passed
 1920  take the swimming pool commercial contractors’ examination if he
 1921  or she possesses a minimum of 4 years of proven experience in
 1922  the classification in which he or she is certified.
 1923         c. An active certified residential swimming pool contractor
 1924  is eligible to receive a certified commercial swimming pool
 1925  contractor license after passing or having previously passed
 1926  take the commercial swimming pool contractors’ examination if he
 1927  or she possesses a minimum of 1 year of proven experience in the
 1928  classification in which he or she is certified.
 1929         d. An applicant is eligible to receive a certified swimming
 1930  pool/spa servicing contractor license after passing or having
 1931  previously passed take the swimming pool/spa servicing
 1932  contractors’ examination if he or she has satisfactorily
 1933  completed 60 hours of instruction in courses related to the
 1934  scope of work covered by that license and approved by the
 1935  Construction Industry Licensing Board by rule and has at least 1
 1936  year of proven experience related to the scope of work of such a
 1937  contractor.
 1938         Section 85. Subsection (1) of section 489.113, Florida
 1939  Statutes, is amended to read:
 1940         489.113 Qualifications for practice; restrictions.—
 1941         (1) Any person who desires to engage in contracting on a
 1942  statewide basis shall, as a prerequisite thereto, establish his
 1943  or her competency and qualifications to be certified pursuant to
 1944  this part. To establish competency, a person shall pass the
 1945  appropriate examination approved by the board and certified by
 1946  the department. If an applicant has received a baccalaureate
 1947  degree from an accredited 4-year college in building
 1948  construction, or a related degree as approved by the board by
 1949  rule, such applicant is not required to pass such examination.
 1950  Any person who desires to engage in contracting on other than a
 1951  statewide basis shall, as a prerequisite thereto, be registered
 1952  pursuant to this part, unless exempted by this part.
 1953         Section 86. Subsection (3) of section 489.115, Florida
 1954  Statutes, is amended to read:
 1955         489.115 Certification and registration; endorsement;
 1956  reciprocity; renewals; continuing education.—
 1957         (3) The board shall certify as qualified for certification
 1958  by endorsement any applicant who:
 1959         (a) Meets the requirements for certification as set forth
 1960  in this section; has passed a national, regional, state, or
 1961  United States territorial licensing examination that is
 1962  substantially equivalent to the examination required by this
 1963  part; and has satisfied the requirements set forth in s.
 1964  489.111;
 1965         (b) Holds a valid license to practice contracting issued by
 1966  another state or territory of the United States, if the criteria
 1967  for issuance of such license were substantially equivalent to
 1968  Florida’s current certification criteria; or
 1969         (c) Holds a valid, current license to practice contracting
 1970  issued by another state or territory of the United States, if
 1971  the state or territory has entered into a reciprocal agreement
 1972  with the board for the recognition of contractor licenses issued
 1973  in that state, based on criteria for the issuance of such
 1974  licenses that are substantially equivalent to the criteria for
 1975  certification in this state; or
 1976         (d)Has held a valid, current license to practice
 1977  contracting issued by another state or territory for at least 10
 1978  years before the date of application and is applying for the
 1979  same or similar license in this state, subject to subsections
 1980  (5)-(9).
 1981         Section 87. Subsection (5) of section 489.511, Florida
 1982  Statutes, is amended to read:
 1983         489.511 Certification; application; examinations;
 1984  endorsement.—
 1985         (5) The board shall certify as qualified for certification
 1986  by endorsement any individual applying for certification who:
 1987         (a) Meets the requirements for certification as set forth
 1988  in this section; has passed a national, regional, state, or
 1989  United States territorial licensing examination that is
 1990  substantially equivalent to the examination required by this
 1991  part; and has satisfied the requirements set forth in s.
 1992  489.521; or
 1993         (b) Holds a valid license to practice electrical or alarm
 1994  system contracting issued by another state or territory of the
 1995  United States, if the criteria for issuance of such license was
 1996  substantially equivalent to the certification criteria that
 1997  existed in this state at the time the certificate was issued; or
 1998         (c)Has held a valid, current license to practice
 1999  electrical or alarm system contracting issued by another state
 2000  or territory for at least 10 years before the date of
 2001  application and is applying for the same or similar license in
 2002  this state, subject to ss. 489.510 and 489.521(3)(a), and
 2003  subparagraph (1)(b)1.
 2004         Section 88. Subsection (3) and paragraph (b) of subsection
 2005  (4) of section 489.517, Florida Statutes, are amended to read:
 2006         489.517 Renewal of certificate or registration; continuing
 2007  education.—
 2008         (3) Each certificateholder or registrant shall provide
 2009  proof, in a form established by rule of the board, that the
 2010  certificateholder or registrant has completed at least 7 14
 2011  classroom hours of at least 50 minutes each of continuing
 2012  education courses during each biennium since the issuance or
 2013  renewal of the certificate or registration. The board shall by
 2014  rule establish criteria for the approval of continuing education
 2015  courses and providers and may by rule establish criteria for
 2016  accepting alternative nonclassroom continuing education on an
 2017  hour-for-hour basis.
 2018         (4)
 2019         (b) Of the 7 14 classroom hours of continuing education
 2020  required, at least 1 hour 7 hours must be on technical subjects,
 2021  1 hour on workers’ compensation, 1 hour on workplace safety, 1
 2022  hour on business practices, and for alarm system contractors and
 2023  electrical contractors engaged in alarm system contracting, 2
 2024  hours on false alarm prevention.
 2025         Section 89. Paragraph (b) of subsection (1) of section
 2026  489.518, Florida Statutes, is amended to read:
 2027         489.518 Alarm system agents.—
 2028         (1) A licensed electrical or alarm system contractor may
 2029  not employ a person to perform the duties of a burglar alarm
 2030  system agent unless the person:
 2031         (b) Has successfully completed a minimum of 14 hours of
 2032  training within 90 days after employment, to include basic alarm
 2033  system electronics in addition to related training including
 2034  CCTV and access control training, with at least 2 hours of
 2035  training in the prevention of false alarms. Such training shall
 2036  be from a board-approved provider, and the employee or applicant
 2037  for employment shall provide proof of successful completion to
 2038  the licensed employer. The board shall by rule establish
 2039  criteria for the approval of training courses and providers and
 2040  may by rule establish criteria for accepting alternative
 2041  nonclassroom education on an hour-for-hour basis. The board
 2042  shall approve providers that conduct training in other than the
 2043  English language. The board shall establish a fee for the
 2044  approval of training providers or courses, not to exceed $60.
 2045  Qualified employers may conduct training classes for their
 2046  employees, with board approval.
 2047         Section 90. Section 492.104, Florida Statutes, is amended,
 2048  to read:
 2049         492.104 Rulemaking authority.—The Board of Professional
 2050  Geologists has authority to adopt rules pursuant to ss.
 2051  120.536(1) and 120.54 to implement this chapter. Every licensee
 2052  shall be governed and controlled by this chapter and the rules
 2053  adopted by the board. The board is authorized to set, by rule,
 2054  fees for application, examination, certificate of authorization,
 2055  late renewal, initial licensure, and license renewal. These fees
 2056  may should not exceed the cost of implementing the application,
 2057  examination, initial licensure, and license renewal or other
 2058  administrative process and shall be established as follows:
 2059         (1) The application fee shall not exceed $150 and shall be
 2060  nonrefundable.
 2061         (2) The examination fee shall not exceed $250, and the fee
 2062  may be apportioned to each part of a multipart examination. The
 2063  examination fee shall be refundable in whole or part if the
 2064  applicant is found to be ineligible to take any portion of the
 2065  licensure examination.
 2066         (3) The initial license fee shall not exceed $100.
 2067         (4) The biennial renewal fee shall not exceed $150.
 2068         (5)The fee for a certificate of authorization shall not
 2069  exceed $350 and the fee for renewal of the certificate shall not
 2070  exceed $350.
 2071         (5)(6) The fee for reactivation of an inactive license may
 2072  shall not exceed $50.
 2073         (6)(7) The fee for a provisional license may shall not
 2074  exceed $400.
 2075         (7)(8) The fee for application, examination, and licensure
 2076  for a license by endorsement is shall be as provided in this
 2077  section for licenses in general.
 2078         Section 91. Subsection (1) of section 492.108, Florida
 2079  Statutes, is amended to read:
 2080         492.108 Licensure by endorsement; requirements; fees.—
 2081         (1) The department shall issue a license by endorsement to
 2082  any applicant who, upon applying to the department and remitting
 2083  an application fee, has been certified by the board that he or
 2084  she:
 2085         (a) Has met the qualifications for licensure in s.
 2086  492.105(1)(b)-(e) and:.
 2087         1.(b) Is the holder of an active license in good standing
 2088  in a state, trust, territory, or possession of the United
 2089  States.
 2090         2.(c) Was licensed through written examination in at least
 2091  one state, trust, territory, or possession of the United States,
 2092  the examination requirements of which have been approved by the
 2093  board as substantially equivalent to or more stringent than
 2094  those of this state, and has received a score on such
 2095  examination which is equal to or greater than the score required
 2096  by this state for licensure by examination.
 2097         3.(d) Has taken and successfully passed the laws and rules
 2098  portion of the examination required for licensure as a
 2099  professional geologist in this state.
 2100         (b)Has held a valid license to practice geology in another
 2101  state, trust, territory, or possession of the United States for
 2102  at least 10 years before the date of application and has
 2103  successfully completed a state, regional, national, or other
 2104  examination that is equivalent to or more stringent than the
 2105  examination required by the department. If such applicant has
 2106  met the requirements for a license by endorsement except
 2107  successful completion of an examination that is equivalent to or
 2108  more stringent than the examination required by the board, such
 2109  applicant may take the examination required by the board.
 2110         Section 92. Section 492.111, Florida Statutes, is amended
 2111  to read:
 2112         492.111 Practice of professional geology by a firm,
 2113  corporation, or partnership; certificate of authorization.—The
 2114  practice of, or offer to practice, professional geology by
 2115  individual professional geologists licensed under the provisions
 2116  of this chapter through a firm, corporation, or partnership
 2117  offering geological services to the public through individually
 2118  licensed professional geologists as agents, employees, officers,
 2119  or partners thereof is permitted subject to the provisions of
 2120  this chapter, if provided that:
 2121         (1) At all times that it offers geological services to the
 2122  public, the firm, corporation, or partnership is qualified by
 2123  has on file with the department the name and license number of
 2124  one or more individuals who hold a current, active license as a
 2125  professional geologist in the state and are serving as a
 2126  geologist of record for the firm, corporation, or partnership. A
 2127  geologist of record may be any principal officer or employee of
 2128  such firm or corporation, or any partner or employee of such
 2129  partnership, who holds a current, active license as a
 2130  professional geologist in this state, or any other Florida
 2131  licensed professional geologist with whom the firm, corporation,
 2132  or partnership has entered into a long-term, ongoing
 2133  relationship, as defined by rule of the board, to serve as one
 2134  of its geologists of record. It shall be the responsibility of
 2135  the firm, corporation, or partnership and The geologist of
 2136  record shall to notify the department of any changes in the
 2137  relationship or identity of that geologist of record within 30
 2138  days after such change.
 2139         (2)The firm, corporation, or partnership has been issued a
 2140  certificate of authorization by the department as provided in
 2141  this chapter. For purposes of this section, a certificate of
 2142  authorization shall be required of any firm, corporation,
 2143  partnership, association, or person practicing under a
 2144  fictitious name and offering geological services to the public;
 2145  except that, when an individual is practicing professional
 2146  geology in her or his own name, she or he shall not be required
 2147  to obtain a certificate of authorization under this section.
 2148  Such certificate of authorization shall be renewed every 2
 2149  years.
 2150         (2)(3) All final geological papers or documents involving
 2151  the practice of the profession of geology which have been
 2152  prepared or approved for the use of such firm, corporation, or
 2153  partnership, for delivery to any person for public record with
 2154  the state, shall be dated and bear the signature and seal of the
 2155  professional geologist or professional geologists who prepared
 2156  or approved them.
 2157         (3)(4) Except as provided in s. 558.0035, the fact that a
 2158  licensed professional geologist practices through a corporation
 2159  or partnership does not relieve the registrant from personal
 2160  liability for negligence, misconduct, or wrongful acts committed
 2161  by her or him. The partnership and all partners are jointly and
 2162  severally liable for the negligence, misconduct, or wrongful
 2163  acts committed by their agents, employees, or partners while
 2164  acting in a professional capacity. Any officer, agent, or
 2165  employee of a corporation is personally liable and accountable
 2166  only for negligent acts, wrongful acts, or misconduct committed
 2167  by her or him or committed by any person under her or his direct
 2168  supervision and control, while rendering professional services
 2169  on behalf of the corporation. The personal liability of a
 2170  shareholder of a corporation, in her or his capacity as
 2171  shareholder, may be no greater than that of a shareholder
 2172  employee of a corporation incorporated under chapter 607. The
 2173  corporation is liable up to the full value of its property for
 2174  any negligent acts, wrongful acts, or misconduct committed by
 2175  any of its officers, agents, or employees while they are engaged
 2176  on behalf of the corporation in the rendering of professional
 2177  services.
 2178         (5)The firm, corporation, or partnership desiring a
 2179  certificate of authorization shall file with the department an
 2180  application therefor, upon a form to be prescribed by the
 2181  department, accompanied by the required application fee.
 2182         (6)The department may refuse to issue a certificate of
 2183  authorization if any facts exist which would entitle the
 2184  department to suspend or revoke an existing certificate of
 2185  authorization or if the department, after giving persons
 2186  involved a full and fair hearing, determines that any of the
 2187  officers or directors of said firm or corporation, or partners
 2188  of said partnership, have violated the provisions of s. 492.113.
 2189         Section 93. Subsection (4) of section 492.113, Florida
 2190  Statutes, is amended to read:
 2191         492.113 Disciplinary proceedings.—
 2192         (4) The department shall reissue the license of a
 2193  disciplined professional geologist or business upon
 2194  certification by the board that the disciplined person has
 2195  complied with all of the terms and conditions set forth in the
 2196  final order.
 2197         Section 94. Section 492.115, Florida Statutes, is amended
 2198  to read:
 2199         492.115 Roster of licensed professional geologists.—A
 2200  roster showing the names and places of business or residence of
 2201  all licensed professional geologists and all properly qualified
 2202  firms, corporations, or partnerships practicing holding
 2203  certificates of authorization to practice professional geology
 2204  in the state shall be prepared annually by the department. A
 2205  copy of this roster must be made available to shall be
 2206  obtainable by each licensed professional geologist and each
 2207  firm, corporation, or partnership qualified by a professional
 2208  geologist holding a certificate of authorization, and copies
 2209  thereof shall be placed on file with the department.
 2210         Section 95. Paragraph (i) of subsection (2) of section
 2211  548.003, Florida Statutes, is amended to read:
 2212         548.003 Florida State Boxing Commission.—
 2213         (2) The Florida State Boxing Commission, as created by
 2214  subsection (1), shall administer the provisions of this chapter.
 2215  The commission has authority to adopt rules pursuant to ss.
 2216  120.536(1) and 120.54 to implement the provisions of this
 2217  chapter and to implement each of the duties and responsibilities
 2218  conferred upon the commission, including, but not limited to:
 2219         (i)Designation and duties of a knockdown timekeeper.
 2220         Section 96. Subsection (1) of section 548.017, Florida
 2221  Statutes, is amended to read:
 2222         548.017 Participants, managers, and other persons required
 2223  to have licenses.—
 2224         (1) A participant, manager, trainer, second, timekeeper,
 2225  referee, judge, announcer, physician, matchmaker, or promoter
 2226  must be licensed before directly or indirectly acting in such
 2227  capacity in connection with any match involving a participant. A
 2228  physician approved by the commission must be licensed pursuant
 2229  to chapter 458 or chapter 459, must maintain an unencumbered
 2230  license in good standing, and must demonstrate satisfactory
 2231  medical training or experience in boxing, or a combination of
 2232  both, to the executive director before working as the ringside
 2233  physician.
 2234         Section 97. Paragraph (d) of subsection (1) of section
 2235  553.5141, Florida Statutes, is amended to read:
 2236         553.5141 Certifications of conformity and remediation
 2237  plans.—
 2238         (1) For purposes of this section:
 2239         (d) “Qualified expert” means:
 2240         1. An engineer licensed pursuant to chapter 471.
 2241         2. A certified general contractor licensed pursuant to
 2242  chapter 489.
 2243         3. A certified building contractor licensed pursuant to
 2244  chapter 489.
 2245         4. A building code administrator licensed pursuant to
 2246  chapter 468.
 2247         5. A building inspector licensed pursuant to chapter 468.
 2248         6. A plans examiner licensed pursuant to chapter 468.
 2249         7. An interior designer who has passed the qualification
 2250  examination prescribed by either the National Council for
 2251  Interior Design Qualifications or the California Council for
 2252  Interior Design Certification licensed pursuant to chapter 481.
 2253         8. An architect licensed pursuant to chapter 481.
 2254         9. A landscape architect licensed pursuant to chapter 481.
 2255         10. Any person who has prepared a remediation plan related
 2256  to a claim under Title III of the Americans with Disabilities
 2257  Act, 42 U.S.C. s. 12182, that has been accepted by a federal
 2258  court in a settlement agreement or court proceeding, or who has
 2259  been qualified as an expert in Title III of the Americans with
 2260  Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
 2261         Section 98. Subsection (1) of section 553.74, Florida
 2262  Statutes, is amended to read:
 2263         553.74 Florida Building Commission.—
 2264         (1) The Florida Building Commission is created and located
 2265  within the Department of Business and Professional Regulation
 2266  for administrative purposes. Members are appointed by the
 2267  Governor subject to confirmation by the Senate. The commission
 2268  is composed of 19 27 members, consisting of the following
 2269  members:
 2270         (a) One architect licensed pursuant to chapter 481 with at
 2271  least 5 years of experience in the design and construction of
 2272  buildings containing Florida Building Code designated Group R
 2273  occupancy at or above 210 feet in height above the elevation of
 2274  the lowest level of emergency services access registered to
 2275  practice in this state and actively engaged in the profession.
 2276  The American Institute of Architects, Florida Section, is
 2277  encouraged to recommend a list of candidates for consideration.
 2278         (b) One structural engineer registered to practice in this
 2279  state and actively engaged in the profession. The Florida
 2280  Engineering Society is encouraged to recommend a list of
 2281  candidates for consideration.
 2282         (c) One air-conditioning or mechanical contractor certified
 2283  to do business in this state and actively engaged in the
 2284  profession. The Florida Air Conditioning Contractors
 2285  Association, the Florida Refrigeration and Air Conditioning
 2286  Contractors Association, and the Mechanical Contractors
 2287  Association of Florida are encouraged to recommend a list of
 2288  candidates for consideration.
 2289         (d) One electrical contractor certified to do business in
 2290  this state and actively engaged in the profession. The Florida
 2291  Association of Electrical Contractors and the National
 2292  Electrical Contractors Association, Florida Chapter, are
 2293  encouraged to recommend a list of candidates for consideration.
 2294         (e)One member from fire protection engineering or
 2295  technology who is actively engaged in the profession. The
 2296  Florida Chapter of the Society of Fire Protection Engineers and
 2297  the Florida Fire Marshals and Inspectors Association are
 2298  encouraged to recommend a list of candidates for consideration.
 2299         (e)(f) One certified general contractor or one certified
 2300  building contractor certified to do business in this state and
 2301  actively engaged in the profession. The Associated Builders and
 2302  Contractors of Florida, the Florida Associated General
 2303  Contractors Council, the Florida Home Builders Association, and
 2304  the Union Contractors Association are encouraged to recommend a
 2305  list of candidates for consideration.
 2306         (f)(g) One plumbing contractor licensed to do business in
 2307  this state and actively engaged in the profession. The Florida
 2308  Association of Plumbing, Heating, and Cooling Contractors is
 2309  encouraged to recommend a list of candidates for consideration.
 2310         (g)(h) One roofing or sheet metal contractor certified to
 2311  do business in this state and actively engaged in the
 2312  profession. The Florida Roofing, Sheet Metal, and Air
 2313  Conditioning Contractors Association and the Sheet Metal and Air
 2314  Conditioning Contractors’ National Association are encouraged to
 2315  recommend a list of candidates for consideration.
 2316         (h)(i) One certified residential contractor licensed to do
 2317  business in this state and actively engaged in the profession.
 2318  The Florida Home Builders Association is encouraged to recommend
 2319  a list of candidates for consideration.
 2320         (i)(j) Three members who are municipal, county, or district
 2321  codes enforcement officials, one of whom is also a fire
 2322  official. The Building Officials Association of Florida and the
 2323  Florida Fire Marshals and Inspectors Association are encouraged
 2324  to recommend a list of candidates for consideration.
 2325         (j)The State Fire Marshal or his or her designee.
 2326         (k)One member who represents the Department of Financial
 2327  Services.
 2328         (l)One member who is a county codes enforcement official.
 2329  The Building Officials Association of Florida is encouraged to
 2330  recommend a list of candidates for consideration.
 2331         (k)(m) One member of a Florida-based organization of
 2332  persons with disabilities or a nationally chartered organization
 2333  of persons with disabilities with chapters in this state which
 2334  complies with or is certified to be compliant with the
 2335  requirements of the Americans with Disability Act of 1990, as
 2336  amended.
 2337         (l)(n) One member of the manufactured buildings industry
 2338  who is licensed to do business in this state and is actively
 2339  engaged in the industry. The Florida Manufactured Housing
 2340  Association is encouraged to recommend a list of candidates for
 2341  consideration.
 2342         (o) One mechanical or electrical engineer registered to
 2343  practice in this state and actively engaged in the profession.
 2344  The Florida Engineering Society is encouraged to recommend a
 2345  list of candidates for consideration.
 2346  
 2347  ================= T I T L E  A M E N D M E N T ================
 2348  And the title is amended as follows:
 2349         Delete lines 60 - 140
 2350  and insert:
 2351         respectively; amending s. 468.401, F.S.; redefining
 2352         the term “talent agency”; amending s. 468.408, F.S.;
 2353         conforming provisions to changes made by the act;
 2354         amending s. 468.412, F.S.; requiring employees of
 2355         talent agencies to complete level 1 background
 2356         screenings; amending s. 468.415, F.S.; prohibiting any
 2357         agent, owner, or operator who commits sexual
 2358         misconduct in the operation of a talent agency from
 2359         acting as an agent, owner, or operator of a Florida
 2360         talent agency; amending s. 468.524, F.S.; deleting
 2361         specified exemptions from the time restriction for an
 2362         employee leasing company to reapply for licensure;
 2363         amending s. 468.613, F.S.; providing for waiver of
 2364         specified requirements for certification under certain
 2365         circumstances; amending s. 468.8314, F.S.; requiring
 2366         an applicant for a license by endorsement to maintain
 2367         a specified insurance policy; requiring the department
 2368         to certify an applicant who holds a specified license
 2369         issued by another state or territory of the United
 2370         States under certain circumstances; amending s.
 2371         468.8414, F.S.; providing additional licensure
 2372         requirements for mold remediators; amending s.
 2373         469.006, F.S.; providing additional licensure
 2374         requirements for asbestos abatement consulting or
 2375         contracting as a partnership, corporation, business
 2376         trust, or other legal entity; amending s. 469.009,
 2377         F.S.; conforming provisions to changes made by the
 2378         act; amending s. 471.005, F.S.; revising definitions;
 2379         amending s. 471.011, F.S.; conforming a provision to
 2380         changes made by the act; amending s. 471.015, F.S.;
 2381         revising licensure requirements for engineers who hold
 2382         specified licenses in another state; amending s.
 2383         471.023, F.S.; providing requirements for
 2384         qualification of a business organization; providing
 2385         requirements for a qualifying agent; deleting the
 2386         administration of disciplinary action against a
 2387         business organization; amending s. 473.308, F.S.;
 2388         deleting continuing education requirements for license
 2389         by endorsement for certified public accountants;
 2390         amending s. 474.202, F.S.; revising the definition of
 2391         the term “limited-service veterinary medical practice”
 2392         to include certain vaccinations or immunizations;
 2393         amending s. 474.207, F.S.; revising education
 2394         requirements for licensure by examination; amending s.
 2395         474.217, F.S.; requiring the Department of Business
 2396         and Professional Regulation to issue a license by
 2397         endorsement to certain applicants who successfully
 2398         complete a specified examination; amending s. 476.144,
 2399         F.S.; requiring the department to license an applicant
 2400         who is licensed to practice barbering in another
 2401         state; amending s. 477.013, F.S.; revising the
 2402         definition of the term “hair braiding”; repealing s.
 2403         477.0132, F.S., relating to registration for hair
 2404         braiding, hair wrapping, and body wrapping; amending
 2405         s. 477.0135, F.S.; providing additional exemptions
 2406         from license or registration requirements for
 2407         specified occupations or practices; amending s.
 2408         477.019, F.S.; conforming provisions to changes made
 2409         by the act; amending s. 477.026, F.S.; conforming