Florida Senate - 2019 COMMITTEE AMENDMENT
Bill No. CS for SB 1640
Ì676974ZÎ676974
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Commerce and Tourism (Gruters) recommended the
following:
1 Senate Amendment to Amendment (300520) (with title
2 amendment)
3
4 Delete lines 5 - 2272
5 and insert:
6 Section 1. Subsection (13) of section 326.004, Florida
7 Statutes, is amended to read:
8 326.004 Licensing.—
9 (13) Each broker must maintain a principal place of
10 business in this state and may establish branch offices in the
11 state. A separate license must be maintained for each branch
12 office. The division shall establish by rule a fee not to exceed
13 $100 for each branch office license.
14 Section 2. Subsection (3) of section 447.02, Florida
15 Statutes, is amended to read:
16 447.02 Definitions.—The following terms, when used in this
17 chapter, shall have the meanings ascribed to them in this
18 section:
19 (3) The term “department” means the Department of Business
20 and Professional Regulation.
21 Section 3. Section 447.04, Florida Statutes, is repealed.
22 Section 4. Section 447.041, Florida Statutes, is repealed.
23 Section 5. Section 447.045, Florida Statutes, is repealed.
24 Section 6. Section 447.06, Florida Statutes, is repealed.
25 Section 7. Subsections (6) and (8) of section 447.09,
26 Florida Statutes, are amended to read:
27 447.09 Right of franchise preserved; penalties.—It shall be
28 unlawful for any person:
29 (6) To act as a business agent without having obtained and
30 possessing a valid and subsisting license or permit.
31 (8) To make any false statement in an application for a
32 license.
33 Section 8. Section 447.12, Florida Statutes, is repealed.
34 Section 9. Section 447.16, Florida Statutes, is repealed.
35 Section 10. Subsection (4) of section 447.305, Florida
36 Statutes, is amended to read:
37 447.305 Registration of employee organization.—
38 (4) Notification of registrations and renewals of
39 registration shall be furnished at regular intervals by the
40 commission to the Department of Business and Professional
41 Regulation.
42 Section 11. Subsections (13) and (14) are added to section
43 455.213, Florida Statutes, to read:
44 455.213 General licensing provisions.—
45 (13) The department or a board must enter into a reciprocal
46 licensing agreement with other states if the practice act within
47 the purview of this chapter permits such agreement. If a
48 reciprocal licensing agreement exists or if the department or
49 board has determined another state’s licensing requirements or
50 examinations to be substantially equivalent or more stringent to
51 those under the practice act, the department or board must post
52 on its website which jurisdictions have such reciprocal
53 licensing agreements or substantially similar licenses.
54 (14) Notwithstanding any other law, the department, in
55 consultation with the applicable board and the Department of
56 Education, shall conduct a review of existing apprenticeship
57 programs registered under chapter 446 or with the United States
58 Department of Labor for each of the professions licensed under
59 parts XV and XVI of chapter 468 and chapters 476, 477, and 489
60 to determine which programs, if completed by an applicant, could
61 substitute for the required educational training otherwise
62 required for licensure. The department shall submit a report of
63 its findings and recommendations to the Governor, the President
64 of the Senate, and the Speaker of the House of Representatives
65 by December 31, 2019.
66 Section 12. Paragraph (b) of subsection (7) of section
67 468.385, Florida Statutes, is amended to read:
68 468.385 Licenses required; qualifications; examination.—
69 (7)
70 (b) A No business may not shall auction or offer to auction
71 any property in this state unless it is owned by an auctioneer
72 who is licensed as an auction business by the department board
73 or is exempt from licensure under this act. Each application for
74 licensure must shall include the names of the owner and the
75 business, the business mailing address and location, and any
76 other information which the board may require. The owner of an
77 auction business shall report to the board within 30 days of any
78 change in this required information.
79 Section 13. Subsection (1) of section 468.401, Florida
80 Statutes, is amended to read:
81 468.401 Regulation of talent agencies; definitions.—As used
82 in this part or any rule adopted pursuant hereto:
83 (1) “Talent agency” means any person who, for compensation,
84 engages in the occupation or business of procuring or attempting
85 to procure engagements for an artist who is younger than 18
86 years of age.
87 Section 14. Subsection (1) of section 468.408, Florida
88 Statutes, is amended to read:
89 468.408 Bond required.—
90 (1) An owner or operator of a There shall be filed with the
91 department for each talent agency shall file license a bond in
92 the form of a surety by a reputable company engaged in the
93 bonding business and authorized to do business in this state.
94 The bond shall be for the penal sum of $5,000, with one or more
95 sureties to be approved by the department, and be conditioned
96 that the owner or operator of the talent agency applicant
97 conform to and not violate any of the duties, terms, conditions,
98 provisions, or requirements of this part.
99 (a) If any person is aggrieved by the misconduct of any
100 talent agency, the person may maintain an action in his or her
101 own name upon the bond of the agency in any court having
102 jurisdiction of the amount claimed. All such claims shall be
103 assignable, and the assignee shall be entitled to the same
104 remedies, upon the bond of the agency or otherwise, as the
105 person aggrieved would have been entitled to if such claim had
106 not been assigned. Any claim or claims so assigned may be
107 enforced in the name of such assignee.
108 (b) The bonding company shall notify the department of any
109 claim against such bond, and a copy of such notice shall be sent
110 to the talent agency against which the claim is made.
111 Section 15. Subsection (12) is added to section 468.412,
112 Florida Statutes, to read:
113 468.412 Talent agency regulations; prohibited acts.—
114 (12) Each employee of a talent agency must complete a level
115 1 background screening pursuant to s. 435.03.
116 Section 16. Section 468.415, Florida Statutes, is amended
117 to read:
118 468.415 Sexual misconduct in the operation of a talent
119 agency.—The talent agent-artist relationship is founded on
120 mutual trust. Sexual misconduct in the operation of a talent
121 agency means violation of the talent agent-artist relationship
122 through which the talent agent uses the relationship to induce
123 or attempt to induce the artist to engage or attempt to engage
124 in sexual activity. Sexual misconduct is prohibited in the
125 operation of a talent agency. If Any agent, owner, or operator
126 of a licensed talent agency who commits is found to have
127 committed sexual misconduct in the operation of a talent agency,
128 the agency license shall be permanently revoked. Such agent,
129 owner, or operator shall be permanently prohibited from acting
130 disqualified from present and future licensure as an agent,
131 owner, or operator of a Florida talent agency.
132 Section 17. Subsection (4) of section 468.524, Florida
133 Statutes, is amended to read:
134 468.524 Application for license.—
135 (4) A An applicant or licensee is ineligible to reapply for
136 a license for a period of 1 year following final agency action
137 on the denial or revocation of a license applied for or issued
138 under this part. This time restriction does not apply to
139 administrative denials or revocations entered because:
140 (a) The applicant or licensee has made an inadvertent error
141 or omission on the application;
142 (b) The experience documented to the board was insufficient
143 at the time of the previous application; or
144 (c) The department is unable to complete the criminal
145 background investigation because of insufficient information
146 from the Florida Department of Law Enforcement, the Federal
147 Bureau of Investigation, or any other applicable law enforcement
148 agency;
149 (c)(d) The applicant or licensee has failed to submit
150 required fees.; or
151 (e) An applicant or licensed employee leasing company has
152 been deemed ineligible for a license because of the lack of good
153 moral character of an individual or individuals when such
154 individual or individuals are no longer employed in a capacity
155 that would require their licensing under this part.
156 Section 18. Section 468.613, Florida Statutes, is amended
157 to read:
158 468.613 Certification by endorsement.—The board shall
159 examine other certification or training programs, as applicable,
160 upon submission to the board for its consideration of an
161 application for certification by endorsement. The board shall
162 waive its examination, qualification, education, or training
163 requirements, to the extent that such examination,
164 qualification, education, or training requirements of the
165 applicant are determined by the board to be comparable with
166 those established by the board. The board shall waive its
167 examination, qualification, education, or training requirements
168 if an applicant for certification by endorsement is at least 18
169 years of age; is of good moral character; has held a valid
170 building administrator, inspector, plans examiner, or the
171 equivalent, certification issued by another state or territory
172 of the United States for at least 10 years before the date of
173 application; and has successfully passed an applicable
174 examination administered by the International Codes Council.
175 Section 19. Subsection (3) of section 468.8314, Florida
176 Statutes, is amended to read:
177 468.8314 Licensure.—
178 (3) The department shall certify as qualified for a license
179 by endorsement an applicant who is of good moral character as
180 determined in s. 468.8313, who maintains an insurance policy as
181 required by s. 468.8322, and who:;
182 (a) Holds a valid license to practice home inspection
183 services in another state or territory of the United States,
184 whose educational requirements are substantially equivalent to
185 those required by this part; and has passed a national,
186 regional, state, or territorial licensing examination that is
187 substantially equivalent to the examination required by this
188 part; or
189 (b) Has held a valid license to practice home inspection
190 services issued by another state or territory of the United
191 States for at least 10 years before the date of application.
192 Section 20. Subsection (3) of section 468.8414, Florida
193 Statutes, is amended to read:
194 468.8414 Licensure.—
195 (3) The department shall certify as qualified for a license
196 by endorsement an applicant who is of good moral character, who
197 has the insurance coverage required under s. 468.8421, and who:
198 (a) Is qualified to take the examination as set forth in s.
199 468.8413 and has passed a certification examination offered by a
200 nationally recognized organization that certifies persons in the
201 specialty of mold assessment or mold remediation that has been
202 approved by the department as substantially equivalent to the
203 requirements of this part and s. 455.217; or
204 (b) Holds a valid license to practice mold assessment or
205 mold remediation issued by another state or territory of the
206 United States if the criteria for issuance of the license were
207 substantially the same as the licensure criteria that is
208 established by this part as determined by the department; or
209 (c) Has held a valid license to practice as a mold assessor
210 or a mold remediator issued by another state or territory of the
211 United States for at least 10 years before the date of
212 application.
213 Section 21. Paragraphs (a) and (e) of subsection (2),
214 subsection (3), paragraph (b) of subsection (4), and subsection
215 (6) of section 469.006, Florida Statutes, are amended to read:
216 469.006 Licensure of business organizations; qualifying
217 agents.—
218 (2)(a) If the applicant proposes to engage in consulting or
219 contracting as a partnership, corporation, business trust, or
220 other legal entity, or in any name other than the applicant’s
221 legal name, the legal entity must apply for licensure through a
222 qualifying agent or the individual applicant must qualify apply
223 for licensure under the business organization fictitious name.
224 (e) A The license, when issued upon application of a
225 business organization, must be in the name of the qualifying
226 agent business organization, and the name of the business
227 organization qualifying agent must be noted on the license
228 thereon. If there is a change in any information that is
229 required to be stated on the application, the qualifying agent
230 business organization shall, within 45 days after such change
231 occurs, mail the correct information to the department.
232 (3) The qualifying agent must shall be licensed under this
233 chapter in order for the business organization to be qualified
234 licensed in the category of the business conducted for which the
235 qualifying agent is licensed. If any qualifying agent ceases to
236 be affiliated with such business organization, the agent shall
237 so inform the department. In addition, if such qualifying agent
238 is the only licensed individual affiliated with the business
239 organization, the business organization shall notify the
240 department of the termination of the qualifying agent and has
241 shall have 60 days after from the date of termination of the
242 qualifying agent’s affiliation with the business organization in
243 which to employ another qualifying agent. The business
244 organization may not engage in consulting or contracting until a
245 qualifying agent is employed, unless the department has granted
246 a temporary nonrenewable license to the financially responsible
247 officer, the president, the sole proprietor, a partner, or, in
248 the case of a limited partnership, the general partner, who
249 assumes all responsibilities of a primary qualifying agent for
250 the entity. This temporary license only allows shall only allow
251 the entity to proceed with incomplete contracts.
252 (4)
253 (b) Upon a favorable determination by the department, after
254 investigation of the financial responsibility, credit, and
255 business reputation of the qualifying agent and the new business
256 organization, the department shall issue, without any
257 examination, a new license in the qualifying agent’s business
258 organization’s name, and the name of the business organization
259 qualifying agent shall be noted thereon.
260 (6) Each qualifying agent shall pay the department an
261 amount equal to the original fee for licensure of a new business
262 organization. if the qualifying agent for a business
263 organization desires to qualify additional business
264 organizations., The department shall require the agent to
265 present evidence of supervisory ability and financial
266 responsibility of each such organization. Allowing a licensee to
267 qualify more than one business organization must shall be
268 conditioned upon the licensee showing that the licensee has both
269 the capacity and intent to adequately supervise each business
270 organization. The department may shall not limit the number of
271 business organizations that which the licensee may qualify
272 except upon the licensee’s failure to provide such information
273 as is required under this subsection or upon a finding that the
274 such information or evidence as is supplied is incomplete or
275 unpersuasive in showing the licensee’s capacity and intent to
276 comply with the requirements of this subsection. A qualification
277 for an additional business organization may be revoked or
278 suspended upon a finding by the department that the licensee has
279 failed in the licensee’s responsibility to adequately supervise
280 the operations of the business organization. Failure to
281 adequately supervise the operations of a business organization
282 is shall be grounds for denial to qualify additional business
283 organizations.
284 Section 22. Subsection (1) of section 469.009, Florida
285 Statutes, is amended to read:
286 469.009 License revocation, suspension, and denial of
287 issuance or renewal.—
288 (1) The department may revoke, suspend, or deny the
289 issuance or renewal of a license; reprimand, censure, or place
290 on probation any contractor, consultant, or financially
291 responsible officer, or business organization; require financial
292 restitution to a consumer; impose an administrative fine not to
293 exceed $5,000 per violation; require continuing education; or
294 assess costs associated with any investigation and prosecution
295 if the contractor or consultant, or business organization or
296 officer or agent thereof, is found guilty of any of the
297 following acts:
298 (a) Willfully or deliberately disregarding or violating the
299 health and safety standards of the Occupational Safety and
300 Health Act of 1970, the Construction Safety Act, the National
301 Emission Standards for Asbestos, the Environmental Protection
302 Agency Asbestos Abatement Projects Worker Protection Rule, the
303 Florida Statutes or rules promulgated thereunder, or any
304 ordinance enacted by a political subdivision of this state.
305 (b) Violating any provision of chapter 455.
306 (c) Failing in any material respect to comply with the
307 provisions of this chapter or any rule promulgated hereunder.
308 (d) Acting in the capacity of an asbestos contractor or
309 asbestos consultant under any license issued under this chapter
310 except in the name of the licensee as set forth on the issued
311 license.
312 (e) Proceeding on any job without obtaining all applicable
313 approvals, authorizations, permits, and inspections.
314 (f) Obtaining a license by fraud or misrepresentation.
315 (g) Being convicted or found guilty of, or entering a plea
316 of nolo contendere to, regardless of adjudication, a crime in
317 any jurisdiction which directly relates to the practice of
318 asbestos consulting or contracting or the ability to practice
319 asbestos consulting or contracting.
320 (h) Knowingly violating any building code, lifesafety code,
321 or county or municipal ordinance relating to the practice of
322 asbestos consulting or contracting.
323 (i) Performing any act which assists a person or entity in
324 engaging in the prohibited unlicensed practice of asbestos
325 consulting or contracting, if the licensee knows or has
326 reasonable grounds to know that the person or entity was
327 unlicensed.
328 (j) Committing mismanagement or misconduct in the practice
329 of contracting that causes financial harm to a customer.
330 Financial mismanagement or misconduct occurs when:
331 1. Valid liens have been recorded against the property of a
332 contractor’s customer for supplies or services ordered by the
333 contractor for the customer’s job; the contractor has received
334 funds from the customer to pay for the supplies or services; and
335 the contractor has not had the liens removed from the property,
336 by payment or by bond, within 75 days after the date of such
337 liens;
338 2. The contractor has abandoned a customer’s job and the
339 percentage of completion is less than the percentage of the
340 total contract price paid to the contractor as of the time of
341 abandonment, unless the contractor is entitled to retain such
342 funds under the terms of the contract or refunds the excess
343 funds within 30 days after the date the job is abandoned; or
344 3. The contractor’s job has been completed, and it is shown
345 that the customer has had to pay more for the contracted job
346 than the original contract price, as adjusted for subsequent
347 change orders, unless such increase in cost was the result of
348 circumstances beyond the control of the contractor, was the
349 result of circumstances caused by the customer, or was otherwise
350 permitted by the terms of the contract between the contractor
351 and the customer.
352 (k) Being disciplined by any municipality or county for an
353 act or violation of this chapter.
354 (l) Failing in any material respect to comply with the
355 provisions of this chapter, or violating a rule or lawful order
356 of the department.
357 (m) Abandoning an asbestos abatement project in which the
358 asbestos contractor is engaged or under contract as a
359 contractor. A project may be presumed abandoned after 20 days if
360 the contractor terminates the project without just cause and
361 without proper notification to the owner, including the reason
362 for termination; if the contractor fails to reasonably secure
363 the project to safeguard the public while work is stopped; or if
364 the contractor fails to perform work without just cause for 20
365 days.
366 (n) Signing a statement with respect to a project or
367 contract falsely indicating that the work is bonded; falsely
368 indicating that payment has been made for all subcontracted
369 work, labor, and materials which results in a financial loss to
370 the owner, purchaser, or contractor; or falsely indicating that
371 workers’ compensation and public liability insurance are
372 provided.
373 (o) Committing fraud or deceit in the practice of asbestos
374 consulting or contracting.
375 (p) Committing incompetency or misconduct in the practice
376 of asbestos consulting or contracting.
377 (q) Committing gross negligence, repeated negligence, or
378 negligence resulting in a significant danger to life or property
379 in the practice of asbestos consulting or contracting.
380 (r) Intimidating, threatening, coercing, or otherwise
381 discouraging the service of a notice to owner under part I of
382 chapter 713 or a notice to contractor under chapter 255 or part
383 I of chapter 713.
384 (s) Failing to satisfy, within a reasonable time, the terms
385 of a civil judgment obtained against the licensee, or the
386 business organization qualified by the licensee, relating to the
387 practice of the licensee’s profession.
388
389 For the purposes of this subsection, construction is considered
390 to be commenced when the contract is executed and the contractor
391 has accepted funds from the customer or lender.
392 Section 23. Subsection (13) of section 471.005, Florida
393 Statutes, is renumbered as subsection (3), and present
394 subsection (3) and subsection (8) of that section are amended to
395 read:
396 471.005 Definitions.—As used in this chapter, the term:
397 (3) “Certificate of authorization” means a license to
398 practice engineering issued by the management corporation to a
399 corporation or partnership.
400 (8) “License” means the licensing of engineers or
401 certification of businesses to practice engineering in this
402 state.
403 Section 24. Subsection (4) of section 471.011, Florida
404 Statutes, is amended to read:
405 471.011 Fees.—
406 (4) The fee for a certificate of authorization shall not
407 exceed $125.
408 Section 25. Subsection (5) of section 471.015, Florida
409 Statutes, is amended to read:
410 471.015 Licensure.—
411 (5)(a) The board shall deem that an applicant who seeks
412 licensure by endorsement has passed an examination substantially
413 equivalent to the fundamentals examination when such applicant
414 has held a valid professional engineer’s license in another
415 state for 10 15 years and has had 20 years of continuous
416 professional-level engineering experience.
417 (b) The board shall deem that an applicant who seeks
418 licensure by endorsement has passed an examination substantially
419 equivalent to the fundamentals examination and the principles
420 and practices examination when such applicant has held a valid
421 professional engineer’s license in another state for 15 25 years
422 and has had 30 years of continuous professional-level
423 engineering experience.
424 Section 26. Section 471.023, Florida Statutes, is amended
425 to read:
426 471.023 Qualification Certification of business
427 organizations.—
428 (1) The practice of, or the offer to practice, engineering
429 by licensees or offering engineering services to the public
430 through a business organization, including a partnership,
431 corporation, business trust, or other legal entity or by a
432 business organization, including a corporation, partnership,
433 business trust, or other legal entity offering such services to
434 the public through licensees under this chapter as agents,
435 employees, officers, or partners is permitted only if the
436 business organization is qualified by an engineer licensed under
437 this chapter possesses a certification issued by the management
438 corporation pursuant to qualification by the board, subject to
439 the provisions of this chapter. One or more of the principal
440 officers of the business organization or one or more partners of
441 the partnership and all personnel of the business organization
442 who act in its behalf as engineers in this state shall be
443 licensed as provided by this chapter. All final drawings,
444 specifications, plans, reports, or documents involving practices
445 licensed under this chapter which are prepared or approved for
446 the use of the business organization or for public record within
447 the state shall be dated and shall bear the signature and seal
448 of the licensee who prepared or approved them. Nothing in this
449 section shall be construed to mean that a license to practice
450 engineering shall be held by a business organization. Nothing
451 herein prohibits business organizations from joining together to
452 offer engineering services to the public, if each business
453 organization otherwise meets the requirements of this section.
454 No business organization shall be relieved of responsibility for
455 the conduct or acts of its agents, employees, or officers by
456 reason of its compliance with this section, nor shall any
457 individual practicing engineering be relieved of responsibility
458 for professional services performed by reason of his or her
459 employment or relationship with a business organization.
460 (2) For the purposes of this section, a certificate of
461 authorization shall be required for any business organization or
462 other person practicing under a fictitious name, offering
463 engineering services to the public must be qualified by an
464 engineer licensed under this chapter. However, when an
465 individual is practicing engineering in his or her own given
466 name, he or she shall not be required to be licensed under this
467 section.
468 (3) Except as provided in s. 558.0035, the fact that a
469 licensed engineer practices through a business organization does
470 not relieve the licensee from personal liability for negligence,
471 misconduct, or wrongful acts committed by him or her.
472 Partnerships and all partners shall be jointly and severally
473 liable for the negligence, misconduct, or wrongful acts
474 committed by their agents, employees, or partners while acting
475 in a professional capacity. Any officer, agent, or employee of a
476 business organization other than a partnership shall be
477 personally liable and accountable only for negligent acts,
478 wrongful acts, or misconduct committed by him or her or
479 committed by any person under his or her direct supervision and
480 control, while rendering professional services on behalf of the
481 business organization. The personal liability of a shareholder
482 or owner of a business organization, in his or her capacity as
483 shareholder or owner, shall be no greater than that of a
484 shareholder-employee of a corporation incorporated under chapter
485 607. The business organization shall be liable up to the full
486 value of its property for any negligent acts, wrongful acts, or
487 misconduct committed by any of its officers, agents, or
488 employees while they are engaged on its behalf in the rendering
489 of professional services.
490 (4) Each certification of authorization shall be renewed
491 every 2 years. Each qualifying agent of a business organization
492 qualified certified under this section must notify the board
493 within 30 days 1 month after any change in the information
494 contained in the application upon which the certification is
495 based.
496 (a) A qualifying agent who terminates an affiliation with a
497 qualified business organization shall notify the management
498 corporation of such termination within 24 hours. If such
499 qualifying agent is the only qualifying agent for that business
500 organization, the business organization must be qualified by
501 another qualifying agent within 60 days after the termination.
502 Except as provided in paragraph (b), the business organization
503 may not engage in the practice of engineering until it is
504 qualified by another qualifying agent.
505 (b) In the event a qualifying agent ceases employment with
506 a qualified business organization and such qualifying agent is
507 the only licensed individual affiliated with the business
508 organization, the executive director of the management
509 corporation or the chair of the board may authorize another
510 licensee employed by the business organization to temporarily
511 serve as its qualifying agent for a period of no more than 60
512 days to proceed with incomplete contracts. The business
513 organization is not authorized to operate beyond such period
514 under this chapter absent replacement of the qualifying agent.
515 (c) A qualifying agent shall notify the department in
516 writing before engaging in the practice of engineering in the
517 licensee’s name or in affiliation with a different business
518 organization.
519 (5) Disciplinary action against a business organization
520 shall be administered in the same manner and on the same grounds
521 as disciplinary action against a licensed engineer.
522 Section 27. Subsection (7) of section 473.308, Florida
523 Statutes, is amended to read:
524 473.308 Licensure.—
525 (7) The board shall certify as qualified for a license by
526 endorsement an applicant who:
527 (a)1. Is not licensed and has not been licensed in another
528 state or territory and who has met the requirements of this
529 section for education, work experience, and good moral character
530 and has passed a national, regional, state, or territorial
531 licensing examination that is substantially equivalent to the
532 examination required by s. 473.306; or and
533 2. Has completed such continuing education courses as the
534 board deems appropriate, within the limits for each applicable
535 2-year period as set forth in s. 473.312, but at least such
536 courses as are equivalent to the continuing education
537 requirements for a Florida certified public accountant licensed
538 in this state during the 2 years immediately preceding her or
539 his application for licensure by endorsement; or
540 (b)1.a. Holds a valid license to practice public accounting
541 issued by another state or territory of the United States, if
542 the criteria for issuance of such license were substantially
543 equivalent to the licensure criteria that existed in this state
544 at the time the license was issued;
545 2.b. Holds a valid license to practice public accounting
546 issued by another state or territory of the United States but
547 the criteria for issuance of such license did not meet the
548 requirements of sub-subparagraph a.; has met the requirements of
549 this section for education, work experience, and good moral
550 character; and has passed a national, regional, state, or
551 territorial licensing examination that is substantially
552 equivalent to the examination required by s. 473.306; or
553 3.c. Has held Holds a valid license to practice public
554 accounting issued by another state or territory of the United
555 States for at least 10 years before the date of application; has
556 passed a national, regional, state, or territorial licensing
557 examination that is substantially equivalent to the examination
558 required by s. 473.306; and has met the requirements of this
559 section for good moral character.; and
560 2. Has completed continuing education courses that are
561 equivalent to the continuing education requirements for a
562 Florida certified public accountant licensed in this state
563 during the 2 years immediately preceding her or his application
564 for licensure by endorsement.
565 Section 28. Subsection (6) of section 474.202, Florida
566 Statutes, is amended to read:
567 474.202 Definitions.—As used in this chapter:
568 (6) “Limited-service veterinary medical practice” means
569 offering or providing veterinary services at any location that
570 has a primary purpose other than that of providing veterinary
571 medical service at a permanent or mobile establishment permitted
572 by the board; provides veterinary medical services for privately
573 owned animals that do not reside at that location; operates for
574 a limited time; and provides limited types of veterinary medical
575 services, including vaccinations or immunizations against
576 disease, preventative procedures for parasitic control, and
577 microchipping.
578 Section 29. Paragraph (b) of subsection (2) of section
579 474.207, Florida Statutes, is amended to read:
580 474.207 Licensure by examination.—
581 (2) The department shall license each applicant who the
582 board certifies has:
583 (b)1. Graduated from a college of veterinary medicine
584 accredited by the American Veterinary Medical Association
585 Council on Education; or
586 2. Graduated from a college of veterinary medicine listed
587 in the American Veterinary Medical Association Roster of
588 Veterinary Colleges of the World and obtained a certificate from
589 the Education Commission for Foreign Veterinary Graduates or the
590 Program for the Assessment of Veterinary Education Equivalence.
591
592 The department shall not issue a license to any applicant who is
593 under investigation in any state or territory of the United
594 States or in the District of Columbia for an act which would
595 constitute a violation of this chapter until the investigation
596 is complete and disciplinary proceedings have been terminated,
597 at which time the provisions of s. 474.214 shall apply.
598 Section 30. Subsection (1) of section 474.217, Florida
599 Statutes, is amended to read:
600 474.217 Licensure by endorsement.—
601 (1) The department shall issue a license by endorsement to
602 any applicant who, upon applying to the department and remitting
603 a fee set by the board, demonstrates to the board that she or
604 he:
605 (a) Has demonstrated, in a manner designated by rule of the
606 board, knowledge of the laws and rules governing the practice of
607 veterinary medicine in this state; and
608 (b)1. Either Holds, and has held for the 3 years
609 immediately preceding the application for licensure, a valid,
610 active license to practice veterinary medicine in another state
611 of the United States, the District of Columbia, or a territory
612 of the United States, provided that the applicant has
613 successfully completed a state, regional, national, or other
614 examination that is equivalent to or more stringent than the
615 examination required by the board requirements for licensure in
616 the issuing state, district, or territory are equivalent to or
617 more stringent than the requirements of this chapter; or
618 2. Meets the qualifications of s. 474.207(2)(b) and has
619 successfully completed a state, regional, national, or other
620 examination which is equivalent to or more stringent than the
621 examination given by the department and has passed the board’s
622 clinical competency examination or another clinical competency
623 examination specified by rule of the board.
624 Section 31. Subsection (5) of section 476.144, Florida
625 Statutes, is amended to read:
626 476.144 Licensure.—
627 (5) The board shall certify as qualified for licensure by
628 endorsement as a barber in this state an applicant who holds a
629 current active license to practice barbering in another state.
630 The board shall adopt rules specifying procedures for the
631 licensure by endorsement of practitioners desiring to be
632 licensed in this state who hold a current active license in
633 another state or country and who have met qualifications
634 substantially similar to, equivalent to, or greater than the
635 qualifications required of applicants from this state.
636 Section 32. Subsection (9) of section 477.013, Florida
637 Statutes, is amended to read:
638 477.013 Definitions.—As used in this chapter:
639 (9) “Hair braiding” means the weaving or interweaving of
640 natural human hair or commercial hair, including the use of hair
641 extensions or wefts, for compensation without cutting, coloring,
642 permanent waving, relaxing, removing, or chemical treatment and
643 does not include the use of hair extensions or wefts.
644 Section 33. Section 477.0132, Florida Statutes, is
645 repealed.
646 Section 34. Subsections (7) through (11) are added to
647 section 477.0135, Florida Statutes, to read:
648 477.0135 Exemptions.—
649 (7) A license or registration is not required for a person
650 whose occupation or practice is confined solely to hair braiding
651 as defined in s. 477.013(9).
652 (8) A license or registration is not required for a person
653 whose occupation or practice is confined solely to hair wrapping
654 as defined in s. 477.013(10).
655 (9) A license or registration is not required for a person
656 whose occupation or practice is confined solely to body wrapping
657 as defined in s. 477.013(12).
658 (10) A license or registration is not required for a person
659 whose occupation or practice is confined solely to applying
660 polish to fingernails and toenails.
661 (11) A license or registration is not required for a person
662 whose occupation or practice is confined solely to makeup
663 application.
664 Section 35. Subsections (6) and (7) of section 477.019,
665 Florida Statutes, are amended to read:
666 477.019 Cosmetologists; qualifications; licensure;
667 supervised practice; license renewal; endorsement; continuing
668 education.—
669 (6) The board shall certify as qualified for licensure by
670 endorsement as a cosmetologist in this state an applicant who
671 holds a current active license to practice cosmetology in
672 another state. The board may not require proof of educational
673 hours if the license was issued in a state that requires 1,200
674 or more hours of prelicensure education and passage of a written
675 examination. This subsection does not apply to applicants who
676 received their license in another state through an
677 apprenticeship program.
678 (7)(a) The board shall prescribe by rule continuing
679 education requirements intended to ensure protection of the
680 public through updated training of licensees and registered
681 specialists, not to exceed 10 16 hours biennially, as a
682 condition for renewal of a license or registration as a
683 specialist under this chapter. Continuing education courses
684 shall include, but not be limited to, the following subjects as
685 they relate to the practice of cosmetology: human
686 immunodeficiency virus and acquired immune deficiency syndrome;
687 Occupational Safety and Health Administration regulations;
688 workers’ compensation issues; state and federal laws and rules
689 as they pertain to cosmetologists, cosmetology, salons,
690 specialists, specialty salons, and booth renters; chemical
691 makeup as it pertains to hair, skin, and nails; and
692 environmental issues. Courses given at cosmetology conferences
693 may be counted toward the number of continuing education hours
694 required if approved by the board.
695 (b) Any person whose occupation or practice is confined
696 solely to hair braiding, hair wrapping, or body wrapping is
697 exempt from the continuing education requirements of this
698 subsection.
699 (b)(c) The board may, by rule, require any licensee in
700 violation of a continuing education requirement to take a
701 refresher course or refresher course and examination in addition
702 to any other penalty. The number of hours for the refresher
703 course may not exceed 48 hours.
704 Section 36. Paragraph (f) of subsection (1) of section
705 477.026, Florida Statutes, is amended to read:
706 477.026 Fees; disposition.—
707 (1) The board shall set fees according to the following
708 schedule:
709 (f) For hair braiders, hair wrappers, and body wrappers,
710 fees for registration shall not exceed $25.
711 Section 37. Subsection (4) of section 477.0263, Florida
712 Statutes, is amended, and subsection (5) is added to that
713 section, to read:
714 477.0263 Cosmetology services to be performed in licensed
715 salon; exceptions.—
716 (4) Pursuant to rules adopted by the board, any cosmetology
717 or specialty service may be performed in a location other than a
718 licensed salon when the service is performed in connection with
719 a special event and is performed by a person who is employed by
720 a licensed salon and who holds the proper license or specialty
721 registration. An appointment for the performance of any such
722 service in a location other than a licensed salon must be made
723 through a licensed salon.
724 (5) Hair shampooing, hair cutting, and hair arranging may
725 be performed in a location other than a licensed salon when the
726 service is performed by a person who holds the proper license.
727 Section 38. Paragraph (f) of subsection (1) of section
728 477.0265, Florida Statutes, is amended to read:
729 477.0265 Prohibited acts.—
730 (1) It is unlawful for any person to:
731 (f) Advertise or imply that skin care services or body
732 wrapping, as performed under this chapter, have any relationship
733 to the practice of massage therapy as defined in s. 480.033(3),
734 except those practices or activities defined in s. 477.013.
735 Section 39. Paragraph (a) of subsection (1) of section
736 477.029, Florida Statutes, is amended to read:
737 477.029 Penalty.—
738 (1) It is unlawful for any person to:
739 (a) Hold himself or herself out as a cosmetologist or,
740 specialist, hair wrapper, hair braider, or body wrapper unless
741 duly licensed or registered, or otherwise authorized, as
742 provided in this chapter.
743 Section 40. Subsection (5) of section 481.203, Florida
744 Statutes, is amended to read:
745 481.203 Definitions.—As used in this part:
746 (5) “Business organization” means a partnership, a limited
747 liability company, a corporation, or an individual operating
748 under a fictitious name “Certificate of authorization” means a
749 certificate issued by the department to a corporation or
750 partnership to practice architecture or interior design.
751 Section 41. Present subsection (4) of section 481.215,
752 Florida Statutes, is redesignated as subsection (6), a new
753 subsection (4) is added to that section, and subsections (3) and
754 (5) of that section are amended, to read:
755 481.215 Renewal of license.—
756 (3) A No license renewal may not shall be issued to an
757 architect or an interior designer by the department until the
758 licensee submits proof satisfactory to the department that,
759 during the 2 years before prior to application for renewal, the
760 licensee participated per biennium in not less than 20 hours of
761 at least 50 minutes each per biennium of continuing education
762 approved by the board. The board shall approve only continuing
763 education that builds upon the basic knowledge of architecture
764 or interior design. The board may make exception from the
765 requirements of continuing education in emergency or hardship
766 cases.
767 (4) The department may not issue a license renewal to an
768 interior designer until the licensee submits proof satisfactory
769 to the department that during the 2 years before the application
770 for renewal the licensee participated per biennium in not less
771 than 16 continuing education hours of at least 50 minutes each
772 of continuing education approved by the board. The licensee
773 shall provide documentation of successful completion of the
774 continuing education units from the board-approved providers
775 which focused on one or more of the following subjects:
776 (a) Public safety, including application of state and local
777 building codes and regulations.
778 (b) Application of federal, state, and local laws relating
779 to accessibility standards, including the Americans with
780 Disabilities Act.
781 (c) Any other topic related to the health, safety, and
782 welfare of building occupants.
783 (5) The board shall only approve continuing education that
784 builds upon the basic knowledge of architecture or interior
785 design. The board may make exceptions to the requirements of
786 continuing education in emergency or hardship cases. The board
787 shall require, by rule adopted pursuant to ss. 120.536(1) and
788 120.54, a specified number of hours in specialized or advanced
789 courses, approved by the Florida Building Commission, on any
790 portion of the Florida Building Code, adopted pursuant to part
791 IV of chapter 553, relating to the licensee’s respective area of
792 practice.
793 Section 42. Section 481.219, Florida Statutes, is amended
794 to read:
795 481.219 Qualification of business organizations
796 certification of partnerships, limited liability companies, and
797 corporations.—
798 (1) A licensee may The practice of or the offer to practice
799 architecture or interior design by licensees through a qualified
800 business organization that offers corporation, limited liability
801 company, or partnership offering architectural or interior
802 design services to the public, or by a corporation, limited
803 liability company, or partnership offering architectural or
804 interior design services to the public through licensees under
805 this part as agents, employees, officers, or partners, is
806 permitted, subject to the provisions of this section.
807 (2) If a licensee or an applicant proposes to engage in the
808 practice of architecture or interior design as a business
809 organization, the licensee or applicant shall qualify the
810 business organization upon approval of the board For the
811 purposes of this section, a certificate of authorization shall
812 be required for a corporation, limited liability company,
813 partnership, or person practicing under a fictitious name,
814 offering architectural services to the public jointly or
815 separately. However, when an individual is practicing
816 architecture in her or his own name, she or he shall not be
817 required to be certified under this section. Certification under
818 this subsection to offer architectural services shall include
819 all the rights and privileges of certification under subsection
820 (3) to offer interior design services.
821 (3)(a) A business organization may not engage in the
822 practice of architecture unless its qualifying agent is a
823 registered architect under this part. A business organization
824 may not engage in the practice of interior design unless its
825 qualifying agent is a registered architect or a registered
826 interior designer under this part. A qualifying agent who
827 terminates an affiliation with a qualified business organization
828 shall immediately notify the department of such termination. If
829 such qualifying agent is the only qualifying agent for that
830 business organization, the business organization must be
831 qualified by another qualifying agent within 60 days after the
832 termination. Except as provided in paragraph (b), the business
833 organization may not engage in the practice of architecture or
834 interior design until it is qualified by another qualifying
835 agent.
836 (b) In the event a qualifying agent ceases employment with
837 a qualified business organization, the executive director or the
838 chair of the board may authorize another registered architect or
839 interior designer employed by the business organization to
840 temporarily serve as its qualifying agent for a period of no
841 more than 60 days. The business organization is not authorized
842 to operate beyond such period under this chapter absent
843 replacement of the qualifying agent who has ceased employment.
844 (c) A qualifying agent shall notify the department in
845 writing before engaging in the practice of architecture or
846 interior design in her or his own name or in affiliation with a
847 different business organization, and she or he or such business
848 organization shall supply the same information to the department
849 as required of applicants under this part.
850 (3) For the purposes of this section, a certificate of
851 authorization shall be required for a corporation, limited
852 liability company, partnership, or person operating under a
853 fictitious name, offering interior design services to the public
854 jointly or separately. However, when an individual is practicing
855 interior design in her or his own name, she or he shall not be
856 required to be certified under this section.
857 (4) All final construction documents and instruments of
858 service which include drawings, specifications, plans, reports,
859 or other papers or documents that involve involving the practice
860 of architecture which are prepared or approved for the use of
861 the business organization corporation, limited liability
862 company, or partnership and filed for public record within the
863 state must shall bear the signature and seal of the licensee who
864 prepared or approved them and the date on which they were
865 sealed.
866 (5) All drawings, specifications, plans, reports, or other
867 papers or documents prepared or approved for the use of the
868 corporation, limited liability company, or partnership by an
869 interior designer in her or his professional capacity and filed
870 for public record within the state shall bear the signature and
871 seal of the licensee who prepared or approved them and the date
872 on which they were sealed.
873 (6) The department shall issue a certificate of
874 authorization to any applicant who the board certifies as
875 qualified for a certificate of authorization and who has paid
876 the fee set in s. 481.207.
877 (5)(7) The board shall allow a licensee or certify an
878 applicant to qualify one or more business organizations as
879 qualified for a certificate of authorization to offer
880 architectural or interior design services, or to use a
881 fictitious name to offer such services, if provided that:
882 (a) One or more of the principal officers of the
883 corporation or limited liability company, or one or more
884 partners of the partnership, and all personnel of the
885 corporation, limited liability company, or partnership who act
886 in its behalf in this state as architects, are registered as
887 provided by this part; or
888 (b) One or more of the principal officers of the
889 corporation or one or more partners of the partnership, and all
890 personnel of the corporation, limited liability company, or
891 partnership who act in its behalf in this state as interior
892 designers, are registered as provided by this part.
893 (8) The department shall adopt rules establishing a
894 procedure for the biennial renewal of certificates of
895 authorization.
896 (9) The department shall renew a certificate of
897 authorization upon receipt of the renewal application and
898 biennial renewal fee.
899 (6)(10) Each qualifying agent who qualifies a business
900 organization, partnership, limited liability company, or and
901 corporation certified under this section shall notify the
902 department within 30 days after of any change in the information
903 contained in the application upon which the qualification
904 certification is based. Any registered architect or interior
905 designer who qualifies the business organization shall ensure
906 corporation, limited liability company, or partnership as
907 provided in subsection (7) shall be responsible for ensuring
908 responsible supervising control of projects of the business
909 organization entity and shall notify the department of the upon
910 termination of her or his employment with a business
911 organization qualified partnership, limited liability company,
912 or corporation certified under this section shall notify the
913 department of the termination within 30 days after such
914 termination.
915 (7)(11) A business organization is not No corporation,
916 limited liability company, or partnership shall be relieved of
917 responsibility for the conduct or acts of its agents, employees,
918 or officers by reason of its compliance with this section.
919 However, except as provided in s. 558.0035, the architect who
920 signs and seals the construction documents and instruments of
921 service is shall be liable for the professional services
922 performed, and the interior designer who signs and seals the
923 interior design drawings, plans, or specifications shall be
924 liable for the professional services performed.
925 (12) Disciplinary action against a corporation, limited
926 liability company, or partnership shall be administered in the
927 same manner and on the same grounds as disciplinary action
928 against a registered architect or interior designer,
929 respectively.
930 (8)(13) Nothing in This section may not shall be construed
931 to mean that a certificate of registration to practice
932 architecture or interior design must shall be held by a business
933 organization corporation, limited liability company, or
934 partnership. Nothing in This section does not prohibit a
935 business organization from offering prohibits corporations,
936 limited liability companies, and partnerships from joining
937 together to offer architectural, engineering, interior design,
938 surveying and mapping, and landscape architectural services, or
939 any combination of such services, to the public if the business
940 organization, provided that each corporation, limited liability
941 company, or partnership otherwise meets the requirements of law.
942 (9)(14) A business organization that is qualified by a
943 registered architect may Corporations, limited liability
944 companies, or partnerships holding a valid certificate of
945 authorization to practice architecture shall be permitted to use
946 in their title the term “interior designer” or “registered
947 interior designer.”
948 Section 43. Subsection (10) of section 481.221, Florida
949 Statutes, is amended to read:
950 481.221 Seals; display of certificate number.—
951 (10) Each registered architect or interior designer must,
952 and each corporation, limited liability company, or partnership
953 holding a certificate of authorization, shall include her or his
954 license its certificate number in any newspaper, telephone
955 directory, or other advertising medium used by the registered
956 licensee architect, interior designer, corporation, limited
957 liability company, or partnership. Each business organization
958 must include the license number of the registered architect or
959 interior designer who serves as the qualifying agent for that
960 business organization in any newspaper, telephone directory, or
961 other advertising medium used by the business organization, but
962 is not required to display the license numbers of other
963 registered architects or interior designers employed by the
964 business organization A corporation, limited liability company,
965 or partnership is not required to display the certificate number
966 of individual registered architects or interior designers
967 employed by or working within the corporation, limited liability
968 company, or partnership.
969 Section 44. Paragraphs (a) and (c) of subsection (5) of
970 section 481.229, Florida Statutes, are amended to read:
971 481.229 Exceptions; exemptions from licensure.—
972 (5)(a) This part does not prohibit Nothing contained in
973 this part shall prevent a registered architect or a qualified
974 business organization partnership, limited liability company, or
975 corporation holding a valid certificate of authorization to
976 provide architectural services from performing any interior
977 design service or from using the title “interior designer” or
978 “registered interior designer.”
979 (c) Notwithstanding any other provision of this part, a
980 registered architect or business organization qualified any
981 corporation, partnership, or person operating under a fictitious
982 name which holds a certificate of authorization to provide
983 architectural services must shall be qualified, without fee, for
984 a certificate of authorization to provide interior design
985 services upon submission of a completed application for
986 qualification therefor. For corporations, partnerships, and
987 persons operating under a fictitious name which hold a
988 certificate of authorization to provide interior design
989 services, satisfaction of the requirements for renewal of the
990 certificate of authorization to provide architectural services
991 under s. 481.219 shall be deemed to satisfy the requirements for
992 renewal of the certificate of authorization to provide interior
993 design services under that section.
994 Section 45. Section 481.303, Florida Statutes, is amended
995 to read:
996 481.303 Definitions.—As used in this chapter, the term:
997 (1) “Board” means the Board of Landscape Architecture.
998 (2)(4) “Certificate of registration” means a license issued
999 by the department to a natural person to engage in the practice
1000 of landscape architecture.
1001 (3)(2) “Department” means the Department of Business and
1002 Professional Regulation.
1003 (5) “Certificate of authorization” means a license issued
1004 by the department to a corporation or partnership to engage in
1005 the practice of landscape architecture.
1006 (4)(6) “Landscape architecture” means professional
1007 services, including, but not limited to, the following:
1008 (a) Consultation, investigation, research, planning,
1009 design, preparation of drawings, specifications, contract
1010 documents and reports, responsible construction supervision, or
1011 landscape management in connection with the planning and
1012 development of land and incidental water areas, including the
1013 use of Florida-friendly landscaping as defined in s. 373.185,
1014 where, and to the extent that, the dominant purpose of such
1015 services or creative works is the preservation, conservation,
1016 enhancement, or determination of proper land uses, natural land
1017 features, ground cover and plantings, or naturalistic and
1018 aesthetic values;
1019 (b) The determination of settings, grounds, and approaches
1020 for and the siting of buildings and structures, outdoor areas,
1021 or other improvements;
1022 (c) The setting of grades, shaping and contouring of land
1023 and water forms, determination of drainage, and provision for
1024 storm drainage and irrigation systems where such systems are
1025 necessary to the purposes outlined herein; and
1026 (d) The design of such tangible objects and features as are
1027 necessary to the purpose outlined herein.
1028 (5)(7) “Landscape design” means consultation for and
1029 preparation of planting plans drawn for compensation, including
1030 specifications and installation details for plant materials,
1031 soil amendments, mulches, edging, gravel, and other similar
1032 materials. Such plans may include only recommendations for the
1033 conceptual placement of tangible objects for landscape design
1034 projects. Construction documents, details, and specifications
1035 for tangible objects and irrigation systems shall be designed or
1036 approved by licensed professionals as required by law.
1037 (6)(3) “Registered landscape architect” means a person who
1038 holds a license to practice landscape architecture in this state
1039 under the authority of this act.
1040 Section 46. Section 481.310, Florida Statutes, is amended
1041 to read:
1042 481.310 Practical experience requirement.—Beginning October
1043 1, 1990, every applicant for licensure as a registered landscape
1044 architect shall demonstrate, prior to licensure, 1 year of
1045 practical experience in landscape architectural work. An
1046 applicant who holds a master of landscape architecture degree
1047 and a bachelor’s degree in a related field is not required to
1048 demonstrate 1 year of practical experience in landscape
1049 architectural work to obtain licensure. The board shall adopt
1050 rules providing standards for the required experience. An
1051 applicant who qualifies for examination pursuant to s.
1052 481.309(1)(b)1. may obtain the practical experience after
1053 completing the required professional degree. Experience used to
1054 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1055 be used to satisfy the practical experience requirement under
1056 this section.
1057 Section 47. Subsections (5) and (6) of section 481.311,
1058 Florida Statutes, are renumbered as subsections (4) and (5),
1059 respectively, and subsection (3) and present subsection (4) of
1060 that section are amended, to read:
1061 481.311 Licensure.—
1062 (3) The board shall certify as qualified for a license by
1063 endorsement an applicant who:
1064 (a) Qualifies to take the examination as set forth in s.
1065 481.309; and has passed a national, regional, state, or
1066 territorial licensing examination which is substantially
1067 equivalent to the examination required by s. 481.309; or
1068 (b) Holds a valid license to practice landscape
1069 architecture issued by another state or territory of the United
1070 States, if the criteria for issuance of such license were
1071 substantially identical to the licensure criteria which existed
1072 in this state at the time the license was issued; or.
1073 (c) Has held a valid license to practice landscape
1074 architecture in another state or territory of the United States
1075 for at least 10 years before the date of application and has
1076 successfully completed a state, regional, national, or other
1077 examination that is equivalent to or more stringent than the
1078 examination required by the board, subject to subsection (5). An
1079 applicant who has met the requirements to be qualified for a
1080 license by endorsement except for successful completion of an
1081 examination that is equivalent to or more stringent than the
1082 examination required by the board may take the examination
1083 required by the board without completing additional education
1084 requirements.
1085 (4) The board shall certify as qualified for a certificate
1086 of authorization any applicant corporation or partnership who
1087 satisfies the requirements of s. 481.319.
1088 Section 48. Subsection (2) of section 481.317, Florida
1089 Statutes, is amended to read:
1090 481.317 Temporary certificates.—
1091 (2) Upon approval by the board and payment of the fee set
1092 in s. 481.307, the department shall grant a temporary
1093 certificate of authorization for work on one specified project
1094 in this state for a period not to exceed 1 year to an out-of
1095 state corporation, partnership, or firm, provided one of the
1096 principal officers of the corporation, one of the partners of
1097 the partnership, or one of the principals in the fictitiously
1098 named firm has obtained a temporary certificate of registration
1099 in accordance with subsection (1).
1100 Section 49. Section 481.319, Florida Statutes, is amended
1101 to read:
1102 481.319 Corporate and partnership practice of landscape
1103 architecture; certificate of authorization.—
1104 (1) The practice of or offer to practice landscape
1105 architecture by registered landscape architects registered under
1106 this part through a corporation or partnership offering
1107 landscape architectural services to the public, or through a
1108 corporation or partnership offering landscape architectural
1109 services to the public through individual registered landscape
1110 architects as agents, employees, officers, or partners, is
1111 permitted, subject to the provisions of this section, if:
1112 (a) One or more of the principal officers of the
1113 corporation, or partners of the partnership, and all personnel
1114 of the corporation or partnership who act in its behalf as
1115 landscape architects in this state are registered landscape
1116 architects; and
1117 (b) One or more of the officers, one or more of the
1118 directors, one or more of the owners of the corporation, or one
1119 or more of the partners of the partnership is a registered
1120 landscape architect; and
1121 (c) The corporation or partnership has been issued a
1122 certificate of authorization by the board as provided herein.
1123 (2) All documents involving the practice of landscape
1124 architecture which are prepared for the use of the corporation
1125 or partnership shall bear the signature and seal of a registered
1126 landscape architect.
1127 (3) A landscape architect applying to practice in the name
1128 of a An applicant corporation must shall file with the
1129 department the names and addresses of all officers and board
1130 members of the corporation, including the principal officer or
1131 officers, duly registered to practice landscape architecture in
1132 this state and, also, of all individuals duly registered to
1133 practice landscape architecture in this state who shall be in
1134 responsible charge of the practice of landscape architecture by
1135 the corporation in this state. A landscape architect applying to
1136 practice in the name of a An applicant partnership must shall
1137 file with the department the names and addresses of all partners
1138 of the partnership, including the partner or partners duly
1139 registered to practice landscape architecture in this state and,
1140 also, of an individual or individuals duly registered to
1141 practice landscape architecture in this state who shall be in
1142 responsible charge of the practice of landscape architecture by
1143 said partnership in this state.
1144 (4) Each landscape architect qualifying a partnership or
1145 and corporation licensed under this part must shall notify the
1146 department within 1 month after of any change in the information
1147 contained in the application upon which the license is based.
1148 Any landscape architect who terminates her or his or her
1149 employment with a partnership or corporation licensed under this
1150 part shall notify the department of the termination within 1
1151 month after such termination.
1152 (5) Disciplinary action against a corporation or
1153 partnership shall be administered in the same manner and on the
1154 same grounds as disciplinary action against a registered
1155 landscape architect.
1156 (5)(6) Except as provided in s. 558.0035, the fact that a
1157 registered landscape architect practices landscape architecture
1158 through a corporation or partnership as provided in this section
1159 does not relieve the landscape architect from personal liability
1160 for her or his or her professional acts.
1161 Section 50. Subsection (5) of section 481.321, Florida
1162 Statutes, is amended to read:
1163 481.321 Seals; display of certificate number.—
1164 (5) Each registered landscape architect must and each
1165 corporation or partnership holding a certificate of
1166 authorization shall include her or his its certificate number in
1167 any newspaper, telephone directory, or other advertising medium
1168 used by the registered landscape architect, corporation, or
1169 partnership. A corporation or partnership must is not required
1170 to display the certificate number numbers of at least one
1171 officer, director, owner, or partner who is a individual
1172 registered landscape architect architects employed by or
1173 practicing with the corporation or partnership.
1174 Section 51. Subsection (5) of section 481.329, Florida
1175 Statutes, is amended to read:
1176 481.329 Exceptions; exemptions from licensure.—
1177 (5) This part does not prohibit any person from engaging in
1178 the practice of landscape design, as defined in s. 481.303
1179 481.303(7), or from submitting for approval to a governmental
1180 agency planting plans that are independent of, or a component
1181 of, construction documents that are prepared by a Florida
1182 registered professional. Persons providing landscape design
1183 services shall not use the title, term, or designation
1184 “landscape architect,” “landscape architectural,” “landscape
1185 architecture,” “L.A.,” “landscape engineering,” or any
1186 description tending to convey the impression that she or he is a
1187 landscape architect unless she or he is registered as provided
1188 in this part.
1189 Section 52. Subsection (9) of section 489.103, Florida
1190 Statutes, is amended to read:
1191 489.103 Exemptions.—This part does not apply to:
1192 (9) Any work or operation of a casual, minor, or
1193 inconsequential nature in which the aggregate contract price for
1194 labor, materials, and all other items is less than $2,500
1195 $1,000, but this exemption does not apply:
1196 (a) If the construction, repair, remodeling, or improvement
1197 is a part of a larger or major operation, whether undertaken by
1198 the same or a different contractor, or in which a division of
1199 the operation is made in contracts of amounts less than $2,500
1200 $1,000 for the purpose of evading this part or otherwise.
1201 (b) To a person who advertises that he or she is a
1202 contractor or otherwise represents that he or she is qualified
1203 to engage in contracting.
1204 Section 53. Subsection (2) of section 489.111, Florida
1205 Statutes, is amended to read:
1206 489.111 Licensure by examination.—
1207 (2) A person shall be eligible for licensure by examination
1208 if the person:
1209 (a) Is 18 years of age;
1210 (b) Is of good moral character; and
1211 (c) Meets eligibility requirements according to one of the
1212 following criteria:
1213 1. Has received a baccalaureate degree from an accredited
1214 4-year college in the appropriate field of engineering,
1215 architecture, or building construction and has 1 year of proven
1216 experience in the category in which the person seeks to qualify.
1217 For the purpose of this part, a minimum of 2,000 person-hours
1218 shall be used in determining full-time equivalency.
1219 2. Has a total of at least 4 years of active experience as
1220 a worker who has learned the trade by serving an apprenticeship
1221 as a skilled worker who is able to command the rate of a
1222 mechanic in the particular trade or as a foreman who is in
1223 charge of a group of workers and usually is responsible to a
1224 superintendent or a contractor or his or her equivalent,
1225 provided, however, that at least 1 year of active experience
1226 shall be as a foreman.
1227 3. Has a combination of not less than 1 year of experience
1228 as a foreman and not less than 3 years of credits for any
1229 accredited college-level courses; has a combination of not less
1230 than 1 year of experience as a skilled worker, 1 year of
1231 experience as a foreman, and not less than 2 years of credits
1232 for any accredited college-level courses; or has a combination
1233 of not less than 2 years of experience as a skilled worker, 1
1234 year of experience as a foreman, and not less than 1 year of
1235 credits for any accredited college-level courses. All junior
1236 college or community college-level courses shall be considered
1237 accredited college-level courses.
1238 4.a. An active certified residential contractor is eligible
1239 to receive a certified building contractor license after passing
1240 or having previously passed take the building contractors’
1241 examination if he or she possesses a minimum of 3 years of
1242 proven experience in the classification in which he or she is
1243 certified.
1244 b. An active certified residential contractor is eligible
1245 to receive a certified general contractor license after passing
1246 or having previously passed take the general contractors’
1247 examination if he or she possesses a minimum of 4 years of
1248 proven experience in the classification in which he or she is
1249 certified.
1250 c. An active certified building contractor is eligible to
1251 receive a certified general contractor license after passing or
1252 having previously passed take the general contractors’
1253 examination if he or she possesses a minimum of 4 years of
1254 proven experience in the classification in which he or she is
1255 certified.
1256 5.a. An active certified air-conditioning Class C
1257 contractor is eligible to receive a certified air-conditioning
1258 Class B contractor license after passing or having previously
1259 passed take the air-conditioning Class B contractors’
1260 examination if he or she possesses a minimum of 3 years of
1261 proven experience in the classification in which he or she is
1262 certified.
1263 b. An active certified air-conditioning Class C contractor
1264 is eligible to receive a certified air-conditioning Class A
1265 contractor license after passing or having previously passed
1266 take the air-conditioning Class A contractors’ examination if he
1267 or she possesses a minimum of 4 years of proven experience in
1268 the classification in which he or she is certified.
1269 c. An active certified air-conditioning Class B contractor
1270 is eligible to receive a certified air-conditioning Class A
1271 contractor license after passing or having previously passed
1272 take the air-conditioning Class A contractors’ examination if he
1273 or she possesses a minimum of 1 year of proven experience in the
1274 classification in which he or she is certified.
1275 6.a. An active certified swimming pool servicing contractor
1276 is eligible to receive a certified residential swimming pool
1277 contractor license after passing or having previously passed
1278 take the residential swimming pool contractors’ examination if
1279 he or she possesses a minimum of 3 years of proven experience in
1280 the classification in which he or she is certified.
1281 b. An active certified swimming pool servicing contractor
1282 is eligible to receive a certified commercial swimming pool
1283 contractor license after passing or having previously passed
1284 take the swimming pool commercial contractors’ examination if he
1285 or she possesses a minimum of 4 years of proven experience in
1286 the classification in which he or she is certified.
1287 c. An active certified residential swimming pool contractor
1288 is eligible to receive a certified commercial swimming pool
1289 contractor license after passing or having previously passed
1290 take the commercial swimming pool contractors’ examination if he
1291 or she possesses a minimum of 1 year of proven experience in the
1292 classification in which he or she is certified.
1293 d. An applicant is eligible to receive a certified swimming
1294 pool/spa servicing contractor license after passing or having
1295 previously passed take the swimming pool/spa servicing
1296 contractors’ examination if he or she has satisfactorily
1297 completed 60 hours of instruction in courses related to the
1298 scope of work covered by that license and approved by the
1299 Construction Industry Licensing Board by rule and has at least 1
1300 year of proven experience related to the scope of work of such a
1301 contractor.
1302 Section 54. Subsection (3) of section 489.115, Florida
1303 Statutes, is amended to read:
1304 489.115 Certification and registration; endorsement;
1305 reciprocity; renewals; continuing education.—
1306 (3) The board shall certify as qualified for certification
1307 by endorsement any applicant who:
1308 (a) Meets the requirements for certification as set forth
1309 in this section; has passed a national, regional, state, or
1310 United States territorial licensing examination that is
1311 substantially equivalent to the examination required by this
1312 part; and has satisfied the requirements set forth in s.
1313 489.111;
1314 (b) Holds a valid license to practice contracting issued by
1315 another state or territory of the United States, if the criteria
1316 for issuance of such license were substantially equivalent to
1317 Florida’s current certification criteria; or
1318 (c) Holds a valid, current license to practice contracting
1319 issued by another state or territory of the United States, if
1320 the state or territory has entered into a reciprocal agreement
1321 with the board for the recognition of contractor licenses issued
1322 in that state, based on criteria for the issuance of such
1323 licenses that are substantially equivalent to the criteria for
1324 certification in this state; or
1325 (d) Has held a valid, current license to practice
1326 contracting issued by another state or territory for at least 10
1327 years before the date of application and is applying for the
1328 same or similar license in this state, subject to subsections
1329 (5)-(9).
1330 Section 55. Subsection (5) of section 489.511, Florida
1331 Statutes, is amended to read:
1332 489.511 Certification; application; examinations;
1333 endorsement.—
1334 (5) The board shall certify as qualified for certification
1335 by endorsement any individual applying for certification who:
1336 (a) Meets the requirements for certification as set forth
1337 in this section; has passed a national, regional, state, or
1338 United States territorial licensing examination that is
1339 substantially equivalent to the examination required by this
1340 part; and has satisfied the requirements set forth in s.
1341 489.521; or
1342 (b) Holds a valid license to practice electrical or alarm
1343 system contracting issued by another state or territory of the
1344 United States, if the criteria for issuance of such license was
1345 substantially equivalent to the certification criteria that
1346 existed in this state at the time the certificate was issued; or
1347 (c) Has held a valid, current license to practice
1348 electrical or alarm system contracting issued by another state
1349 or territory for at least 10 years before the date of
1350 application and is applying for the same or similar license in
1351 this state, subject to ss. 489.510 and 489.521(3)(a), and
1352 subparagraph (1)(b)1.
1353 Section 56. Subsection (3) and paragraph (b) of subsection
1354 (4) of section 489.517, Florida Statutes, are amended to read:
1355 489.517 Renewal of certificate or registration; continuing
1356 education.—
1357 (3) Each certificateholder or registrant shall provide
1358 proof, in a form established by rule of the board, that the
1359 certificateholder or registrant has completed at least 7 14
1360 classroom hours of at least 50 minutes each of continuing
1361 education courses during each biennium since the issuance or
1362 renewal of the certificate or registration. The board shall by
1363 rule establish criteria for the approval of continuing education
1364 courses and providers and may by rule establish criteria for
1365 accepting alternative nonclassroom continuing education on an
1366 hour-for-hour basis.
1367 (4)
1368 (b) Of the 7 14 classroom hours of continuing education
1369 required, at least 1 hour 7 hours must be on technical subjects,
1370 1 hour on workers’ compensation, 1 hour on workplace safety, 1
1371 hour on business practices, and for alarm system contractors and
1372 electrical contractors engaged in alarm system contracting, 2
1373 hours on false alarm prevention.
1374 Section 57. Paragraph (b) of subsection (1) of section
1375 489.518, Florida Statutes, is amended to read:
1376 489.518 Alarm system agents.—
1377 (1) A licensed electrical or alarm system contractor may
1378 not employ a person to perform the duties of a burglar alarm
1379 system agent unless the person:
1380 (b) Has successfully completed a minimum of 14 hours of
1381 training within 90 days after employment, to include basic alarm
1382 system electronics in addition to related training including
1383 CCTV and access control training, with at least 2 hours of
1384 training in the prevention of false alarms. Such training shall
1385 be from a board-approved provider, and the employee or applicant
1386 for employment shall provide proof of successful completion to
1387 the licensed employer. The board shall by rule establish
1388 criteria for the approval of training courses and providers and
1389 may by rule establish criteria for accepting alternative
1390 nonclassroom education on an hour-for-hour basis. The board
1391 shall approve providers that conduct training in other than the
1392 English language. The board shall establish a fee for the
1393 approval of training providers or courses, not to exceed $60.
1394 Qualified employers may conduct training classes for their
1395 employees, with board approval.
1396 Section 58. Section 492.104, Florida Statutes, is amended,
1397 to read:
1398 492.104 Rulemaking authority.—The Board of Professional
1399 Geologists has authority to adopt rules pursuant to ss.
1400 120.536(1) and 120.54 to implement this chapter. Every licensee
1401 shall be governed and controlled by this chapter and the rules
1402 adopted by the board. The board is authorized to set, by rule,
1403 fees for application, examination, certificate of authorization,
1404 late renewal, initial licensure, and license renewal. These fees
1405 may should not exceed the cost of implementing the application,
1406 examination, initial licensure, and license renewal or other
1407 administrative process and shall be established as follows:
1408 (1) The application fee shall not exceed $150 and shall be
1409 nonrefundable.
1410 (2) The examination fee shall not exceed $250, and the fee
1411 may be apportioned to each part of a multipart examination. The
1412 examination fee shall be refundable in whole or part if the
1413 applicant is found to be ineligible to take any portion of the
1414 licensure examination.
1415 (3) The initial license fee shall not exceed $100.
1416 (4) The biennial renewal fee shall not exceed $150.
1417 (5) The fee for a certificate of authorization shall not
1418 exceed $350 and the fee for renewal of the certificate shall not
1419 exceed $350.
1420 (5)(6) The fee for reactivation of an inactive license may
1421 shall not exceed $50.
1422 (6)(7) The fee for a provisional license may shall not
1423 exceed $400.
1424 (7)(8) The fee for application, examination, and licensure
1425 for a license by endorsement is shall be as provided in this
1426 section for licenses in general.
1427 Section 59. Subsection (1) of section 492.108, Florida
1428 Statutes, is amended to read:
1429 492.108 Licensure by endorsement; requirements; fees.—
1430 (1) The department shall issue a license by endorsement to
1431 any applicant who, upon applying to the department and remitting
1432 an application fee, has been certified by the board that he or
1433 she:
1434 (a) Has met the qualifications for licensure in s.
1435 492.105(1)(b)-(e) and:.
1436 1.(b) Is the holder of an active license in good standing
1437 in a state, trust, territory, or possession of the United
1438 States.
1439 2.(c) Was licensed through written examination in at least
1440 one state, trust, territory, or possession of the United States,
1441 the examination requirements of which have been approved by the
1442 board as substantially equivalent to or more stringent than
1443 those of this state, and has received a score on such
1444 examination which is equal to or greater than the score required
1445 by this state for licensure by examination.
1446 3.(d) Has taken and successfully passed the laws and rules
1447 portion of the examination required for licensure as a
1448 professional geologist in this state.
1449 (b) Has held a valid license to practice geology in another
1450 state, trust, territory, or possession of the United States for
1451 at least 10 years before the date of application and has
1452 successfully completed a state, regional, national, or other
1453 examination that is equivalent to or more stringent than the
1454 examination required by the department. If such applicant has
1455 met the requirements for a license by endorsement except
1456 successful completion of an examination that is equivalent to or
1457 more stringent than the examination required by the board, such
1458 applicant may take the examination required by the board.
1459 Section 60. Section 492.111, Florida Statutes, is amended
1460 to read:
1461 492.111 Practice of professional geology by a firm,
1462 corporation, or partnership; certificate of authorization.—The
1463 practice of, or offer to practice, professional geology by
1464 individual professional geologists licensed under the provisions
1465 of this chapter through a firm, corporation, or partnership
1466 offering geological services to the public through individually
1467 licensed professional geologists as agents, employees, officers,
1468 or partners thereof is permitted subject to the provisions of
1469 this chapter, if provided that:
1470 (1) At all times that it offers geological services to the
1471 public, the firm, corporation, or partnership is qualified by
1472 has on file with the department the name and license number of
1473 one or more individuals who hold a current, active license as a
1474 professional geologist in the state and are serving as a
1475 geologist of record for the firm, corporation, or partnership. A
1476 geologist of record may be any principal officer or employee of
1477 such firm or corporation, or any partner or employee of such
1478 partnership, who holds a current, active license as a
1479 professional geologist in this state, or any other Florida
1480 licensed professional geologist with whom the firm, corporation,
1481 or partnership has entered into a long-term, ongoing
1482 relationship, as defined by rule of the board, to serve as one
1483 of its geologists of record. It shall be the responsibility of
1484 the firm, corporation, or partnership and The geologist of
1485 record shall to notify the department of any changes in the
1486 relationship or identity of that geologist of record within 30
1487 days after such change.
1488 (2) The firm, corporation, or partnership has been issued a
1489 certificate of authorization by the department as provided in
1490 this chapter. For purposes of this section, a certificate of
1491 authorization shall be required of any firm, corporation,
1492 partnership, association, or person practicing under a
1493 fictitious name and offering geological services to the public;
1494 except that, when an individual is practicing professional
1495 geology in her or his own name, she or he shall not be required
1496 to obtain a certificate of authorization under this section.
1497 Such certificate of authorization shall be renewed every 2
1498 years.
1499 (2)(3) All final geological papers or documents involving
1500 the practice of the profession of geology which have been
1501 prepared or approved for the use of such firm, corporation, or
1502 partnership, for delivery to any person for public record with
1503 the state, shall be dated and bear the signature and seal of the
1504 professional geologist or professional geologists who prepared
1505 or approved them.
1506 (3)(4) Except as provided in s. 558.0035, the fact that a
1507 licensed professional geologist practices through a corporation
1508 or partnership does not relieve the registrant from personal
1509 liability for negligence, misconduct, or wrongful acts committed
1510 by her or him. The partnership and all partners are jointly and
1511 severally liable for the negligence, misconduct, or wrongful
1512 acts committed by their agents, employees, or partners while
1513 acting in a professional capacity. Any officer, agent, or
1514 employee of a corporation is personally liable and accountable
1515 only for negligent acts, wrongful acts, or misconduct committed
1516 by her or him or committed by any person under her or his direct
1517 supervision and control, while rendering professional services
1518 on behalf of the corporation. The personal liability of a
1519 shareholder of a corporation, in her or his capacity as
1520 shareholder, may be no greater than that of a shareholder
1521 employee of a corporation incorporated under chapter 607. The
1522 corporation is liable up to the full value of its property for
1523 any negligent acts, wrongful acts, or misconduct committed by
1524 any of its officers, agents, or employees while they are engaged
1525 on behalf of the corporation in the rendering of professional
1526 services.
1527 (5) The firm, corporation, or partnership desiring a
1528 certificate of authorization shall file with the department an
1529 application therefor, upon a form to be prescribed by the
1530 department, accompanied by the required application fee.
1531 (6) The department may refuse to issue a certificate of
1532 authorization if any facts exist which would entitle the
1533 department to suspend or revoke an existing certificate of
1534 authorization or if the department, after giving persons
1535 involved a full and fair hearing, determines that any of the
1536 officers or directors of said firm or corporation, or partners
1537 of said partnership, have violated the provisions of s. 492.113.
1538 Section 61. Subsection (4) of section 492.113, Florida
1539 Statutes, is amended to read:
1540 492.113 Disciplinary proceedings.—
1541 (4) The department shall reissue the license of a
1542 disciplined professional geologist or business upon
1543 certification by the board that the disciplined person has
1544 complied with all of the terms and conditions set forth in the
1545 final order.
1546 Section 62. Section 492.115, Florida Statutes, is amended
1547 to read:
1548 492.115 Roster of licensed professional geologists.—A
1549 roster showing the names and places of business or residence of
1550 all licensed professional geologists and all properly qualified
1551 firms, corporations, or partnerships practicing holding
1552 certificates of authorization to practice professional geology
1553 in the state shall be prepared annually by the department. A
1554 copy of this roster must be made available to shall be
1555 obtainable by each licensed professional geologist and each
1556 firm, corporation, or partnership qualified by a professional
1557 geologist holding a certificate of authorization, and copies
1558 thereof shall be placed on file with the department.
1559 Section 63. Paragraph (i) of subsection (2) of section
1560 548.003, Florida Statutes, is amended to read:
1561 548.003 Florida State Boxing Commission.—
1562 (2) The Florida State Boxing Commission, as created by
1563 subsection (1), shall administer the provisions of this chapter.
1564 The commission has authority to adopt rules pursuant to ss.
1565 120.536(1) and 120.54 to implement the provisions of this
1566 chapter and to implement each of the duties and responsibilities
1567 conferred upon the commission, including, but not limited to:
1568 (i) Designation and duties of a knockdown timekeeper.
1569 Section 64. Subsection (1) of section 548.017, Florida
1570 Statutes, is amended to read:
1571 548.017 Participants, managers, and other persons required
1572 to have licenses.—
1573 (1) A participant, manager, trainer, second, timekeeper,
1574 referee, judge, announcer, physician, matchmaker, or promoter
1575 must be licensed before directly or indirectly acting in such
1576 capacity in connection with any match involving a participant. A
1577 physician approved by the commission must be licensed pursuant
1578 to chapter 458 or chapter 459, must maintain an unencumbered
1579 license in good standing, and must demonstrate satisfactory
1580 medical training or experience in boxing, or a combination of
1581 both, to the executive director before working as the ringside
1582 physician.
1583 Section 65. Effective January 1, 2020, subsection (1) of
1584 section 553.74, Florida Statutes, is amended to read:
1585 553.74 Florida Building Commission.—
1586 (1) The Florida Building Commission is created and located
1587 within the Department of Business and Professional Regulation
1588 for administrative purposes. Members are appointed by the
1589 Governor subject to confirmation by the Senate. The commission
1590 is composed of 20 27 members, consisting of the following
1591 members:
1592 (a) One architect licensed pursuant to chapter 481 with at
1593 least 5 years of experience in the design and construction of
1594 buildings containing Florida Building Code designated Group R
1595 occupancy at or above 210 feet in height above the elevation of
1596 the lowest level of emergency services access registered to
1597 practice in this state and actively engaged in the profession.
1598 The American Institute of Architects, Florida Section, is
1599 encouraged to recommend a list of candidates for consideration.
1600 (b) One structural engineer registered to practice in this
1601 state and actively engaged in the profession. The Florida
1602 Engineering Society is encouraged to recommend a list of
1603 candidates for consideration.
1604 (c) One air-conditioning or mechanical contractor certified
1605 to do business in this state and actively engaged in the
1606 profession. The Florida Air Conditioning Contractors
1607 Association, the Florida Refrigeration and Air Conditioning
1608 Contractors Association, and the Mechanical Contractors
1609 Association of Florida are encouraged to recommend a list of
1610 candidates for consideration.
1611 (d) One electrical contractor certified to do business in
1612 this state and actively engaged in the profession. The Florida
1613 Association of Electrical Contractors and the National
1614 Electrical Contractors Association, Florida Chapter, are
1615 encouraged to recommend a list of candidates for consideration.
1616 (e) One member from fire protection engineering or
1617 technology who is actively engaged in the profession. The
1618 Florida Chapter of the Society of Fire Protection Engineers and
1619 the Florida Fire Marshals and Inspectors Association are
1620 encouraged to recommend a list of candidates for consideration.
1621 (e)(f) One certified general contractor or one certified
1622 building contractor certified to do business in this state and
1623 actively engaged in the profession. The Associated Builders and
1624 Contractors of Florida, the Florida Associated General
1625 Contractors Council, the Florida Home Builders Association, and
1626 the Union Contractors Association are encouraged to recommend a
1627 list of candidates for consideration.
1628 (f)(g) One plumbing contractor licensed to do business in
1629 this state and actively engaged in the profession. The Florida
1630 Association of Plumbing, Heating, and Cooling Contractors is
1631 encouraged to recommend a list of candidates for consideration.
1632 (g)(h) One roofing or sheet metal contractor certified to
1633 do business in this state and actively engaged in the
1634 profession. The Florida Roofing, Sheet Metal, and Air
1635 Conditioning Contractors Association and the Sheet Metal and Air
1636 Conditioning Contractors’ National Association are encouraged to
1637 recommend a list of candidates for consideration.
1638 (h)(i) One certified residential contractor licensed to do
1639 business in this state and actively engaged in the profession.
1640 The Florida Home Builders Association is encouraged to recommend
1641 a list of candidates for consideration.
1642 (i)(j) Three members who are municipal, county, or district
1643 codes enforcement officials, one of whom is also a fire
1644 official. The Building Officials Association of Florida and the
1645 Florida Fire Marshals and Inspectors Association are encouraged
1646 to recommend a list of candidates for consideration.
1647 (j) The State Fire Marshal or his or her designee who has
1648 expertise in fire suppression.
1649 (k) One member who represents the Department of Financial
1650 Services.
1651 (l) One member who is a county codes enforcement official.
1652 The Building Officials Association of Florida is encouraged to
1653 recommend a list of candidates for consideration.
1654 (k)(m) One member of a Florida-based organization of
1655 persons with disabilities or a nationally chartered organization
1656 of persons with disabilities with chapters in this state which
1657 complies with or is certified to be compliant with the
1658 requirements of the Americans with Disability Act of 1990, as
1659 amended.
1660 (l)(n) One member of the manufactured buildings industry
1661 who is licensed to do business in this state and is actively
1662 engaged in the industry. The Florida Manufactured Housing
1663 Association is encouraged to recommend a list of candidates for
1664 consideration.
1665 (o) One mechanical or electrical engineer registered to
1666 practice in this state and actively engaged in the profession.
1667 The Florida Engineering Society is encouraged to recommend a
1668 list of candidates for consideration.
1669 (p) One member who is a representative of a municipality or
1670 a charter county. The Florida League of Cities and the Florida
1671 Association of Counties are encouraged to recommend a list of
1672 candidates for consideration.
1673 (p)(q) One member of the building products manufacturing
1674 industry who is authorized to do business in this state and is
1675 actively engaged in the industry. The Florida Building Material
1676 Association, the Florida Concrete and Products Association, and
1677 the Fenestration Manufacturers Association are encouraged to
1678 recommend a list of candidates for consideration.
1679 (r) One member who is a representative of the building
1680 owners and managers industry who is actively engaged in
1681 commercial building ownership or management. The Building Owners
1682 and Managers Association is encouraged to recommend a list of
1683 candidates for consideration.
1684 (q)(s) One member who is a representative of the insurance
1685 industry. The Florida Insurance Council is encouraged to
1686 recommend a list of candidates for consideration.
1687 (t) One member who is a representative of public education.
1688 (r)(u) One member who is a swimming pool contractor
1689 licensed to do business in this state and actively engaged in
1690 the profession. The Florida Swimming Pool Association and the
1691 United Pool and Spa Association are encouraged to recommend a
1692 list of candidates for consideration.
1693 (s)(v) One member who is a representative of the green
1694 building industry and who is a third-party commission agent, a
1695 Florida board member of the United States Green Building Council
1696 or Green Building Initiative, a professional who is accredited
1697 under the International Green Construction Code (IGCC), or a
1698 professional who is accredited under Leadership in Energy and
1699 Environmental Design (LEED).
1700 (t)(w) One member who is a representative of a natural gas
1701 distribution system and who is actively engaged in the
1702 distribution of natural gas in this state. The Florida Natural
1703 Gas Association is encouraged to recommend a list of candidates
1704 for consideration.
1705 (x) One member who is a representative of the Department of
1706 Agriculture and Consumer Services’ Office of Energy. The
1707 Commissioner of Agriculture is encouraged to recommend a list of
1708 candidates for consideration.
1709 (y) One member who shall be the chair.
1710
1711 ================= T I T L E A M E N D M E N T ================
1712 And the title is amended as follows:
1713 Delete lines 2314 - 2506
1714 and insert:
1715 occupations; amending s. 326.004, F.S.; deleting the
1716 requirement for a yacht broker to maintain a separate
1717 license for each branch office; deleting the
1718 requirement for the division to establish a fee;
1719 amending s. 447.02, F.S.; conforming provisions to
1720 changes made by the act; repealing s. 447.04, F.S.,
1721 relating to licensure and permit requirements for
1722 business agents; repealing s. 447.041, F.S., relating
1723 to hearings for persons or labor organizations denied
1724 licensure as a business agent; repealing s. 447.045,
1725 F.S., relating to confidential information obtained
1726 during the application process; repealing s. 447.06,
1727 F.S., relating to required registration of labor
1728 organizations; amending s. 447.09, F.S.; deleting
1729 certain prohibited actions relating to the right of
1730 franchise of a member of a labor organization;
1731 repealing s. 447.12, F.S., relating to registration
1732 fees; repealing s. 447.16, F.S., relating to
1733 applicability; amending s. 447.305, F.S.; deleting a
1734 provision that requires notification of registrations
1735 and renewals to the department; amending s. 455.213,
1736 F.S.; requiring the Department of Business and
1737 Professional Regulation or a board to seek reciprocal
1738 licensing agreements with other states under certain
1739 circumstances; providing requirements; requiring the
1740 department, in consultation with applicable
1741 professional boards and the Department of Education,
1742 to conduct a specified review of certain
1743 apprenticeship programs; requiring the Department of
1744 Business and Professional Regulation to submit a
1745 report to the Governor and the Legislature by a
1746 specified date; amending s. 468.385, F.S.; revising
1747 requirements relating to businesses auctioning or
1748 offering to auction property in this state; amending
1749 s. 468.401, F.S.; redefining the term “talent agency”;
1750 amending s. 468.408, F.S.; conforming provisions to
1751 changes made by the act; amending s. 468.412, F.S.;
1752 requiring employees of talent agencies to complete
1753 level 1 background screenings; amending s. 468.415,
1754 F.S.; prohibiting any agent, owner, or operator who
1755 commits sexual misconduct in the operation of a talent
1756 agency from acting as an agent, owner, or operator of
1757 a Florida talent agency; amending s. 468.524, F.S.;
1758 deleting specified exemptions from the time
1759 restriction for an employee leasing company to reapply
1760 for licensure; amending s. 468.613, F.S.; providing
1761 for waiver of specified requirements for certification
1762 under certain circumstances; amending s. 468.8314,
1763 F.S.; requiring an applicant for a license by
1764 endorsement to maintain a specified insurance policy;
1765 requiring the department to certify an applicant who
1766 holds a specified license issued by another state or
1767 territory of the United States under certain
1768 circumstances; amending s. 468.8414, F.S.; providing
1769 additional licensure requirements for mold
1770 remediators; amending s. 469.006, F.S.; providing
1771 additional licensure requirements for asbestos
1772 abatement consulting or contracting as a partnership,
1773 corporation, business trust, or other legal entity;
1774 amending s. 469.009, F.S.; conforming provisions to
1775 changes made by the act; amending s. 471.005, F.S.;
1776 revising definitions; amending s. 471.011, F.S.;
1777 conforming a provision to changes made by the act;
1778 amending s. 471.015, F.S.; revising licensure
1779 requirements for engineers who hold specified licenses
1780 in another state; amending s. 471.023, F.S.; providing
1781 requirements for qualification of a business
1782 organization; providing requirements for a qualifying
1783 agent; deleting the administration of disciplinary
1784 action against a business organization; amending s.
1785 473.308, F.S.; deleting continuing education
1786 requirements for license by endorsement for certified
1787 public accountants; amending s. 474.202, F.S.;
1788 revising the definition of the term “limited-service
1789 veterinary medical practice” to include certain
1790 vaccinations or immunizations; amending s. 474.207,
1791 F.S.; revising education requirements for licensure by
1792 examination; amending s. 474.217, F.S.; requiring the
1793 Department of Business and Professional Regulation to
1794 issue a license by endorsement to certain applicants
1795 who successfully complete a specified examination;
1796 amending s. 476.144, F.S.; requiring the department to
1797 license an applicant who is licensed to practice
1798 barbering in another state; amending s. 477.013, F.S.;
1799 revising the definition of the term “hair braiding”;
1800 repealing s. 477.0132, F.S., relating to registration
1801 for hair braiding, hair wrapping, and body wrapping;
1802 amending s. 477.0135, F.S.; providing additional
1803 exemptions from license or registration requirements
1804 for specified occupations or practices; amending s.
1805 477.019, F.S.; conforming provisions to changes made
1806 by the act; amending s. 477.026, F.S.; conforming
1807 provisions to changes made by the act; amending s.
1808 477.0263, F.S.; providing certain cosmetology services
1809 may be performed in a location other than a licensed
1810 salon under certain circumstances; amending ss.
1811 477.0265 and 477.029, F.S.; conforming provisions to
1812 changes made by the act; amending s. 481.203, F.S.;
1813 revising definitions; amending s. 481.215, F.S.;
1814 conforming provisions to changes made by the act;
1815 revising requirements relating to the renewal of an
1816 interior designer license; specifying that the Board
1817 of Architecture and Interior Design shall only approve
1818 certain continuing education; providing exceptions;
1819 amending s. 481.219, F.S.; conforming provisions to
1820 changes made by the act; requiring certain licensees
1821 and applicants to qualify a business organization upon
1822 approval of the board; providing requirements for
1823 business organizations engaging in the practice of
1824 architecture or interior design and for the qualifying
1825 agents of such business organizations; revising
1826 construction; amending s. 481.221, F.S.; conforming
1827 provisions to changes made by the act; requiring a
1828 registered architect, an interior designer, and a
1829 business organization to display certain license
1830 numbers in specified advertisements; providing an
1831 exception; amending s. 481.229, F.S.; conforming
1832 provisions to changes made by the act; amending s.
1833 481.303, F.S.; deleting the definition of the term
1834 “certificate of authorization”; amending s. 481.310,
1835 F.S.; providing that an applicant who holds certain
1836 degrees is not required to demonstrate 1 year of
1837 practical experience for licensure; amending s.
1838 481.311, F.S.; requiring the Board of Landscape
1839 Architecture to certify an applicant who holds a
1840 specified license issued by another state or territory
1841 of the United States under certain circumstances;
1842 conforming provisions to changes made by the act;
1843 amending s. 481.317, F.S.; conforming provisions to
1844 changes made by the act; amending s. 481.319, F.S.;
1845 deleting the requirement for a certificate of
1846 authorization; authorizing landscape architects to
1847 practice through a corporation or partnership;
1848 amending s. 481.321, F.S.; requiring a landscape
1849 architect to display their certificate number in
1850 specified advertisements; amending s. 481.329, F.S.;
1851 conforming a cross-reference; amending s. 489.103,
1852 F.S.; revising certain contract prices for exemption;
1853 amending s. 489.111, F.S.; revising provisions
1854 relating to eligibility for licensure; amending s.
1855 489.115, F.S.; requiring the Construction Industry
1856 Licensing Board to certify any applicant who holds a
1857 specified license to practice contracting issued by
1858 another state or territory of the United States under
1859 certain circumstances; amending s. 489.511, F.S.;
1860 requiring the board to certify as qualified for
1861 certification by endorsement any applicant who holds a
1862 specified license to practice electrical or alarm
1863 system contracting issued by another state or
1864 territory of the United States under certain
1865 circumstances; amending s. 489.517, F.S.; providing a
1866 reduction in certain continuing education hours
1867 required for registered contractors; amending s.
1868 489.518, F.S.; requiring a person to have completed a
1869 specified amount of training within a certain time
1870 period to perform the duties of an alarm system agent;
1871 amending s. 492.104, F.S.; conforming provisions to
1872 changes made by the act; amending s. 492.108, F.S.;
1873 requiring the department to issue a license by
1874 endorsement to any applicant who has held a specified
1875 license to practice geology in another state, trust,
1876 territory, or possession of the United States for a
1877 certain period of time; providing that an applicant
1878 may take the examination required by the board if they
1879 have not met the specified examination requirement;
1880 amending s. 492.111, F.S.; deleting the requirements
1881 for a certificate of authorization for a professional
1882 geologist; amending ss. 492.113 and 492.115, F.S.;
1883 conforming provisions to changes made by the act;
1884 amending s. 548.003, F.S.; deleting the requirement
1885 that the Florida State Boxing Commission adopt rules
1886 relating to a knockdown timekeeper; amending s.
1887 548.017, F.S.; deleting the licensure requirement for
1888 a timekeeper or an announcer; amending s. 553.74,
1889 F.S.; revising the membership and qualifications of
1890 the Florida Building Commission; amending ss. 559.25
1891 and 287.055,