Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/HB 1193, 2nd Eng.
Ì380064ÉÎ380064
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R . Floor: C
03/12/2020 05:26 PM . 03/12/2020 06:39 PM
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Senator Albritton moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 234 - 2565
4 and insert:
5 Section 2. Present subsection (4) of section 322.57,
6 Florida Statutes, is redesignated as subsection (5), and a new
7 subsection (4) is added to that section, to read:
8 322.57 Tests of knowledge concerning specified vehicles;
9 endorsement; nonresidents; violations.—
10 (4)(a) As used in this subsection, the term “servicemember”
11 means a member of any branch of the United States military or
12 military reserves, the United States Coast Guard or its
13 reserves, the Florida National Guard, or the Florida Air
14 National Guard.
15 (b) The department shall waive the requirement to pass the
16 Commercial Driver License Skills Tests for servicemembers and
17 veterans if:
18 1. The applicant has been honorably discharged from
19 military service within 1 year of the application, if the
20 applicant is a veteran;
21 2. The applicant is trained as an MOS 88M Army Motor
22 Transport Operator or similar military job specialty;
23 3. The applicant has received training to operate large
24 trucks in compliance with the Federal Motor Carrier Safety
25 Administration; and
26 4. The applicant has at least 2 years of experience in the
27 military driving vehicles that would require a commercial driver
28 license to operate.
29 (c) An applicant must complete every other requirement for
30 a commercial driver license within 1 year of receiving a waiver
31 under paragraph (b) or the waiver is invalid.
32 (d) The department shall adopt rules to administer this
33 subsection.
34 Section 3. Subsection (13) of section 326.004, Florida
35 Statutes, is amended to read:
36 326.004 Licensing.—
37 (13) Each broker must maintain a principal place of
38 business in this state and may establish branch offices in the
39 state. A separate license must be maintained for each branch
40 office. The division shall establish by rule a fee not to exceed
41 $100 for each branch office license.
42 Section 4. Subsection (3) of section 447.02, Florida
43 Statutes, is amended to read:
44 447.02 Definitions.—The following terms, when used in this
45 chapter, shall have the meanings ascribed to them in this
46 section:
47 (3) The term “department” means the Department of Business
48 and Professional Regulation.
49 Section 5. Section 447.04, Florida Statutes, is repealed.
50 Section 6. Section 447.041, Florida Statutes, is repealed.
51 Section 7. Section 447.045, Florida Statutes, is repealed.
52 Section 8. Section 447.06, Florida Statutes, is repealed.
53 Section 9. Subsections (6) and (8) of section 447.09,
54 Florida Statutes, are amended to read:
55 447.09 Right of franchise preserved; penalties.—It shall be
56 unlawful for any person:
57 (6) To act as a business agent without having obtained and
58 possessing a valid and subsisting license or permit.
59 (8) To make any false statement in an application for a
60 license.
61 Section 10. Section 447.12, Florida Statutes, is repealed.
62 Section 11. Section 447.16, Florida Statutes, is repealed.
63 Section 12. Subsection (4) of section 447.305, Florida
64 Statutes, is amended to read:
65 447.305 Registration of employee organization.—
66 (4) Notification of registrations and renewals of
67 registration shall be furnished at regular intervals by the
68 commission to the Department of Business and Professional
69 Regulation.
70 Section 13. Subsection (14) is added to section 455.213,
71 Florida Statutes, to read:
72 455.213 General licensing provisions.—
73 (14) The department or a board must enter into a reciprocal
74 licensing agreement with other states if the practice act within
75 the purview of this chapter permits such agreement. If a
76 reciprocal licensing agreement exists or if the department or
77 board has determined another state’s licensing requirements or
78 examinations to be substantially equivalent or more stringent to
79 those under the practice act, the department or board must post
80 on its website which jurisdictions have such reciprocal
81 licensing agreements or substantially similar licenses.
82 Section 14. Section 455.2278, Florida Statutes, is created
83 to read:
84 455.2278 Restriction on disciplinary action for student
85 loan default.—
86 (1) DEFINITIONS.—As used in this section, the term:
87 (a) “Default” means the failure to repay a student loan
88 according to the terms agreed to in the promissory note.
89 (b) “Delinquency” means the failure to make a student loan
90 payment when it is due.
91 (c) “Student loan” means a federal-guaranteed or state
92 guaranteed loan for the purposes of postsecondary education.
93 (d) “Work-conditional scholarship” means an award of
94 financial aid for a student to further his or her education
95 which imposes an obligation on the student to complete certain
96 work-related requirements to receive or to continue receiving
97 the scholarship.
98 (2) STUDENT LOAN DEFAULT; DELINQUENCY.—The department or a
99 board may not suspend or revoke a license that it has issued to
100 any person who is in default on or delinquent in the payment of
101 his or her student loans solely on the basis of such default or
102 delinquency.
103 (3) WORK-CONDITIONAL SCHOLARSHIP DEFAULT.—The department or
104 a board may not suspend or revoke a license that it has issued
105 to any person who is in default on the satisfaction of the
106 requirements of his or her work-conditional scholarship solely
107 on the basis of such default.
108 Section 15. Paragraph (k) of subsection (1) of section
109 456.072, Florida Statutes, is amended to read:
110 456.072 Grounds for discipline; penalties; enforcement.—
111 (1) The following acts shall constitute grounds for which
112 the disciplinary actions specified in subsection (2) may be
113 taken:
114 (k) Failing to perform any statutory or legal obligation
115 placed upon a licensee. For purposes of this section, failing to
116 repay a student loan issued or guaranteed by the state or the
117 Federal Government in accordance with the terms of the loan is
118 not or failing to comply with service scholarship obligations
119 shall be considered a failure to perform a statutory or legal
120 obligation, and the minimum disciplinary action imposed shall be
121 a suspension of the license until new payment terms are agreed
122 upon or the scholarship obligation is resumed, followed by
123 probation for the duration of the student loan or remaining
124 scholarship obligation period, and a fine equal to 10 percent of
125 the defaulted loan amount. Fines collected shall be deposited
126 into the Medical Quality Assurance Trust Fund.
127 Section 16. Section 456.0721, Florida Statutes, is
128 repealed.
129 Section 17. Subsection (4) of section 456.074, Florida
130 Statutes, is amended to read:
131 456.074 Certain health care practitioners; immediate
132 suspension of license.—
133 (4) Upon receipt of information that a Florida-licensed
134 health care practitioner has defaulted on a student loan issued
135 or guaranteed by the state or the Federal Government, the
136 department shall notify the licensee by certified mail that he
137 or she shall be subject to immediate suspension of license
138 unless, within 45 days after the date of mailing, the licensee
139 provides proof that new payment terms have been agreed upon by
140 all parties to the loan. The department shall issue an emergency
141 order suspending the license of any licensee who, after 45 days
142 following the date of mailing from the department, has failed to
143 provide such proof. Production of such proof shall not prohibit
144 the department from proceeding with disciplinary action against
145 the licensee pursuant to s. 456.073.
146 Section 18. Paragraph (n) is added to subsection (1) of
147 section 468.505, Florida Statutes, to read:
148 468.505 Exemptions; exceptions.—
149 (1) Nothing in this part may be construed as prohibiting or
150 restricting the practice, services, or activities of:
151 (n) Any person who provides information, wellness
152 recommendations, or advice concerning nutrition, or who markets
153 food, food materials, or dietary supplements for remuneration,
154 if such person does not provide such services to a person under
155 the direct care and supervision of a medical doctor for a
156 disease or medical condition requiring nutrition intervention,
157 not including obesity or weight loss, and does not represent
158 himself or herself as a dietitian, licensed dietitian,
159 registered dietitian, nutritionist, licensed nutritionist,
160 nutrition counselor, or licensed nutrition counselor, or use any
161 word, letter, symbol, or insignia indicating or implying that he
162 or she is a dietitian, nutritionist, or nutrition counselor.
163 Section 19. Paragraph (f) of subsection (5) of section
164 468.603, Florida Statutes, is amended to read:
165 468.603 Definitions.—As used in this part:
166 (5) “Categories of building code inspectors” include the
167 following:
168 (f) “Residential One and two family dwelling inspector”
169 means a person who is qualified to inspect and determine that
170 one-family, two-family, or three-family residences not exceeding
171 two habitable stories above no more than one uninhabitable story
172 and accessory use structures in connection therewith one and two
173 family dwellings and accessory structures are constructed in
174 accordance with the provisions of the governing building,
175 plumbing, mechanical, accessibility, and electrical codes.
176 Section 20. Paragraph (c) of subsection (2) and paragraph
177 (a) of subsection (7) of section 468.609, Florida Statutes, are
178 amended to read:
179 468.609 Administration of this part; standards for
180 certification; additional categories of certification.—
181 (2) A person may take the examination for certification as
182 a building code inspector or plans examiner pursuant to this
183 part if the person:
184 (c) Meets eligibility requirements according to one of the
185 following criteria:
186 1. Demonstrates 4 5 years’ combined experience in the field
187 of construction or a related field, building code inspection, or
188 plans review corresponding to the certification category sought;
189 2. Demonstrates a combination of postsecondary education in
190 the field of construction or a related field and experience
191 which totals 3 4 years, with at least 1 year of such total being
192 experience in construction, building code inspection, or plans
193 review;
194 3. Demonstrates a combination of technical education in the
195 field of construction or a related field and experience which
196 totals 3 4 years, with at least 1 year of such total being
197 experience in construction, building code inspection, or plans
198 review;
199 4. Currently holds a standard certificate issued by the
200 board or a firesafety inspector license issued pursuant to
201 chapter 633, with has a minimum of 3 years’ verifiable full-time
202 experience in firesafety inspection or firesafety plan review,
203 and has satisfactorily completed a building code inspector or
204 plans examiner training program that provides at least 100 hours
205 but not more than 200 hours of cross-training in the
206 certification category sought. The board shall establish by rule
207 criteria for the development and implementation of the training
208 programs. The board shall accept all classroom training offered
209 by an approved provider if the content substantially meets the
210 intent of the classroom component of the training program;
211 5. Demonstrates a combination of the completion of an
212 approved training program in the field of building code
213 inspection or plan review and a minimum of 2 years’ experience
214 in the field of building code inspection, plan review, fire code
215 inspections and fire plans review of new buildings as a
216 firesafety inspector certified under s. 633.216, or
217 construction. The approved training portion of this requirement
218 shall include proof of satisfactory completion of a training
219 program that provides at least 200 hours but not more than 300
220 hours of cross-training that is approved by the board in the
221 chosen category of building code inspection or plan review in
222 the certification category sought with at least 20 hours but not
223 more than 30 hours of instruction in state laws, rules, and
224 ethics relating to professional standards of practice, duties,
225 and responsibilities of a certificateholder. The board shall
226 coordinate with the Building Officials Association of Florida,
227 Inc., to establish by rule the development and implementation of
228 the training program. However, the board shall accept all
229 classroom training offered by an approved provider if the
230 content substantially meets the intent of the classroom
231 component of the training program;
232 6. Currently holds a standard certificate issued by the
233 board or a firesafety inspector license issued pursuant to
234 chapter 633 and:
235 a. Has at least 4 5 years’ verifiable full-time experience
236 as an inspector or plans examiner in a standard certification
237 category currently held or has a minimum of 4 5 years’
238 verifiable full-time experience as a firesafety inspector
239 licensed pursuant to chapter 633.
240 b. Has satisfactorily completed a building code inspector
241 or plans examiner classroom training course or program that
242 provides at least 200 but not more than 300 hours in the
243 certification category sought, except for one-family and two
244 family dwelling training programs, which must provide at least
245 500 but not more than 800 hours of training as prescribed by the
246 board. The board shall establish by rule criteria for the
247 development and implementation of classroom training courses and
248 programs in each certification category; or
249 7.a. Has completed a 4-year internship certification
250 program as a building code inspector or plans examiner while
251 employed full-time by a municipality, county, or other
252 governmental jurisdiction, under the direct supervision of a
253 certified building official. Proof of graduation with a related
254 vocational degree or college degree or of verifiable work
255 experience may be exchanged for the internship experience
256 requirement year-for-year, but may reduce the requirement to no
257 less than 1 year.
258 b. Has passed an examination administered by the
259 International Code Council in the certification category sought.
260 Such examination must be passed before beginning the internship
261 certification program.
262 c. Has passed the principles and practice examination
263 before completing the internship certification program.
264 d. Has passed a board-approved 40-hour code training course
265 in the certification category sought before completing the
266 internship certification program.
267 e. Has obtained a favorable recommendation from the
268 supervising building official after completion of the internship
269 certification program.
270 (7)(a) The board shall provide for the issuance of
271 provisional certificates valid for 2 years 1 year, as specified
272 by board rule, to any building code inspector or plans examiner
273 who meets the eligibility requirements described in subsection
274 (2) and any newly employed or promoted building code
275 administrator who meets the eligibility requirements described
276 in subsection (3). The provisional license may be renewed by the
277 board for just cause; however, a provisional license is not
278 valid for longer than 3 years.
279 Section 21. Section 468.613, Florida Statutes, is amended
280 to read:
281 468.613 Certification by endorsement.—The board shall
282 examine other certification or training programs, as applicable,
283 upon submission to the board for its consideration of an
284 application for certification by endorsement. The board shall
285 waive its examination, qualification, education, or training
286 requirements, to the extent that such examination,
287 qualification, education, or training requirements of the
288 applicant are determined by the board to be comparable with
289 those established by the board. The board shall waive its
290 examination, qualification, education, or training requirements
291 if an applicant for certification by endorsement is at least 18
292 years of age; is of good moral character; has held a valid
293 building administrator, inspector, plans examiner, or the
294 equivalent, certification issued by another state or territory
295 of the United States for at least 10 years before the date of
296 application; and has successfully passed an applicable
297 examination administered by the International Code Council. Such
298 application must be made either when the license in another
299 state or territory is active or within 2 years after such
300 license was last active.
301 Section 22. Subsection (3) of section 468.8314, Florida
302 Statutes, is amended to read:
303 468.8314 Licensure.—
304 (3) The department shall certify as qualified for a license
305 by endorsement an applicant who is of good moral character as
306 determined in s. 468.8313, who maintains an insurance policy as
307 required by s. 468.8322, and who:;
308 (a) Holds a valid license to practice home inspection
309 services in another state or territory of the United States,
310 whose educational requirements are substantially equivalent to
311 those required by this part; and has passed a national,
312 regional, state, or territorial licensing examination that is
313 substantially equivalent to the examination required by this
314 part; or
315 (b) Has held a valid license to practice home inspection
316 services issued by another state or territory of the United
317 States for at least 10 years before the date of application.
318 Such application must be made either when the license in another
319 state or territory is active or within 2 years after such
320 license was last active.
321 Section 23. Subsection (5) of section 471.015, Florida
322 Statutes, is amended to read:
323 471.015 Licensure.—
324 (5)(a) The board shall deem that an applicant who seeks
325 licensure by endorsement has passed an examination substantially
326 equivalent to the fundamentals examination when such applicant
327 has held a valid professional engineer’s license in another
328 state for 10 15 years and has had 20 years of continuous
329 professional-level engineering experience.
330 (b) The board shall deem that an applicant who seeks
331 licensure by endorsement has passed an examination substantially
332 equivalent to the fundamentals examination and the principles
333 and practices examination when such applicant has held a valid
334 professional engineer’s license in another state for 15 25 years
335 and has had 30 years of continuous professional-level
336 engineering experience.
337 Section 24. Subsection (7) of section 473.308, Florida
338 Statutes, is amended to read:
339 473.308 Licensure.—
340 (7) The board shall certify as qualified for a license by
341 endorsement an applicant who:
342 (a)1. Is not licensed and has not been licensed in another
343 state or territory and who has met the requirements of this
344 section for education, work experience, and good moral character
345 and has passed a national, regional, state, or territorial
346 licensing examination that is substantially equivalent to the
347 examination required by s. 473.306; or and
348 2. Has completed such continuing education courses as the
349 board deems appropriate, within the limits for each applicable
350 2-year period as set forth in s. 473.312, but at least such
351 courses as are equivalent to the continuing education
352 requirements for a Florida certified public accountant licensed
353 in this state during the 2 years immediately preceding her or
354 his application for licensure by endorsement; or
355 (b)1.a. Holds a valid license to practice public accounting
356 issued by another state or territory of the United States, if
357 the criteria for issuance of such license were substantially
358 equivalent to the licensure criteria that existed in this state
359 at the time the license was issued;
360 2.b. Holds a valid license to practice public accounting
361 issued by another state or territory of the United States but
362 the criteria for issuance of such license did not meet the
363 requirements of subparagraph 1. sub-subparagraph a.; has met the
364 requirements of this section for education, work experience, and
365 good moral character; and has passed a national, regional,
366 state, or territorial licensing examination that is
367 substantially equivalent to the examination required by s.
368 473.306; or
369 3.c. Holds a valid license to practice public accounting
370 issued by another state or territory of the United States for at
371 least 10 years before the date of application; has passed a
372 national, regional, state, or territorial licensing examination
373 that is substantially equivalent to the examination required by
374 s. 473.306; and has met the requirements of this section for
375 good moral character; and
376 2. Has completed continuing education courses that are
377 equivalent to the continuing education requirements for a
378 Florida certified public accountant licensed in this state
379 during the 2 years immediately preceding her or his application
380 for licensure by endorsement.
381 Section 25. Subsection (6) of section 474.202, Florida
382 Statutes, is amended to read:
383 474.202 Definitions.—As used in this chapter:
384 (6) “Limited-service veterinary medical practice” means
385 offering or providing veterinary services at any location that
386 has a primary purpose other than that of providing veterinary
387 medical service at a permanent or mobile establishment permitted
388 by the board; provides veterinary medical services for privately
389 owned animals that do not reside at that location; operates for
390 a limited time; and provides limited types of veterinary medical
391 services, including vaccinations or immunizations against
392 disease, preventative procedures for parasitic control, and
393 microchipping.
394 Section 26. Subsection (9) is added to section 474.203,
395 Florida Statutes, to read:
396 474.203 Exemptions.—This chapter does not apply to:
397 (9) An employee, an agent, or a contractor of a public or
398 private animal shelter, humane organization, or animal control
399 agency operated by a humane organization or by a county, a
400 municipality, or another incorporated political subdivision
401 whose work is confined solely to the implantation of a radio
402 frequency identification device microchip for dogs and cats in
403 accordance with s. 823.15.
404
405 For the purposes of chapters 465 and 893, persons exempt
406 pursuant to subsection (1), subsection (2), or subsection (4)
407 are deemed to be duly licensed practitioners authorized by the
408 laws of this state to prescribe drugs or medicinal supplies.
409 Section 27. Paragraph (b) of subsection (2) of section
410 474.207, Florida Statutes, is amended to read:
411 474.207 Licensure by examination.—
412 (2) The department shall license each applicant who the
413 board certifies has:
414 (b)1. Graduated from a college of veterinary medicine
415 accredited by the American Veterinary Medical Association
416 Council on Education; or
417 2. Graduated from a college of veterinary medicine listed
418 in the American Veterinary Medical Association Roster of
419 Veterinary Colleges of the World and obtained a certificate from
420 the Education Commission for Foreign Veterinary Graduates or the
421 Program for the Assessment of Veterinary Education Equivalence.
422
423 The department shall not issue a license to any applicant who is
424 under investigation in any state or territory of the United
425 States or in the District of Columbia for an act which would
426 constitute a violation of this chapter until the investigation
427 is complete and disciplinary proceedings have been terminated,
428 at which time the provisions of s. 474.214 shall apply.
429 Section 28. Subsection (1) of section 474.217, Florida
430 Statutes, is amended to read:
431 474.217 Licensure by endorsement.—
432 (1) The department shall issue a license by endorsement to
433 any applicant who, upon applying to the department and remitting
434 a fee set by the board, demonstrates to the board that she or
435 he:
436 (a) Has demonstrated, in a manner designated by rule of the
437 board, knowledge of the laws and rules governing the practice of
438 veterinary medicine in this state; and
439 (b)1. Either Holds, and has held for the 3 years
440 immediately preceding the application for licensure, a valid,
441 active license to practice veterinary medicine in another state
442 of the United States, the District of Columbia, or a territory
443 of the United States, provided that the applicant has
444 successfully completed a state, regional, national, or other
445 examination that is equivalent to or more stringent than the
446 examination required by the board requirements for licensure in
447 the issuing state, district, or territory are equivalent to or
448 more stringent than the requirements of this chapter; or
449 2. Meets the qualifications of s. 474.207(2)(b) and has
450 successfully completed a state, regional, national, or other
451 examination which is equivalent to or more stringent than the
452 examination given by the department and has passed the board’s
453 clinical competency examination or another clinical competency
454 examination specified by rule of the board.
455 Section 29. Effective January 1, 2021, subsection (2) of
456 section 476.114, Florida Statutes, is amended to read:
457 476.114 Examination; prerequisites.—
458 (2) An applicant shall be eligible for licensure by
459 examination to practice barbering if the applicant:
460 (a) Is at least 16 years of age;
461 (b) Pays the required application fee; and
462 (c)1. Holds an active valid license to practice barbering
463 in another state, has held the license for at least 1 year, and
464 does not qualify for licensure by endorsement as provided for in
465 s. 476.144(5); or
466 2. Has received a minimum of 900 1,200 hours of training in
467 sanitation, safety, and laws and rules, as established by the
468 board, which shall include, but shall not be limited to, the
469 equivalent of completion of services directly related to the
470 practice of barbering at one of the following:
471 a. A school of barbering licensed pursuant to chapter 1005;
472 b. A barbering program within the public school system; or
473 c. A government-operated barbering program in this state.
474
475 The board shall establish by rule procedures whereby the school
476 or program may certify that a person is qualified to take the
477 required examination after the completion of a minimum of 600
478 1,000 actual school hours. If the person passes the examination,
479 she or he shall have satisfied this requirement; but if the
480 person fails the examination, she or he shall not be qualified
481 to take the examination again until the completion of the full
482 requirements provided by this section.
483 Section 30. Subsection (5) of section 476.144, Florida
484 Statutes, is amended to read:
485 476.144 Licensure.—
486 (5) The board shall certify as qualified for licensure by
487 endorsement as a barber in this state an applicant who holds a
488 current active license to practice barbering in another state.
489 The board shall adopt rules specifying procedures for the
490 licensure by endorsement of practitioners desiring to be
491 licensed in this state who hold a current active license in
492 another state or country and who have met qualifications
493 substantially similar to, equivalent to, or greater than the
494 qualifications required of applicants from this state.
495 Section 31. Subsection (9) of section 477.013, Florida
496 Statutes, is amended to read:
497 477.013 Definitions.—As used in this chapter:
498 (9) “Hair braiding” means the weaving or interweaving of
499 natural human hair or commercial hair, including the use of hair
500 extensions or wefts, for compensation without cutting, coloring,
501 permanent waving, relaxing, removing, or chemical treatment and
502 does not include the use of hair extensions or wefts.
503 Section 32. Section 477.0132, Florida Statutes, is
504 repealed.
505 Section 33. Subsections (7) through (11) are added to
506 section 477.0135, Florida Statutes, to read:
507 477.0135 Exemptions.—
508 (7) A license or registration is not required for a person
509 whose occupation or practice is confined solely to hair braiding
510 as defined in s. 477.013(9).
511 (8) A license or registration is not required for a person
512 whose occupation or practice is confined solely to hair wrapping
513 as defined in s. 477.013(10).
514 (9) A license or registration is not required for a person
515 whose occupation or practice is confined solely to body wrapping
516 as defined in s. 477.013(12).
517 (10) A license or registration is not required for a person
518 whose occupation or practice is confined solely to applying
519 polish to fingernails and toenails.
520 (11) A license or registration is not required for a person
521 whose occupation or practice is confined solely to makeup
522 application, which includes, but is not limited to, application
523 of makeup primer, face paint, lipstick, eyeliner, eye shadow,
524 foundation, rouge or cheek color, mascara, strip lashes,
525 individual lashes, face powder, corrective stick, and makeup
526 remover; but does not include manual or chemical exfoliation,
527 semipermanent lash application, lash or brow tinting, permanent
528 makeup application, microblading, or hair removal.
529 Section 34. Subsections (6) and (7) of section 477.019,
530 Florida Statutes, are amended to read:
531 477.019 Cosmetologists; qualifications; licensure;
532 supervised practice; license renewal; endorsement; continuing
533 education.—
534 (6) The board shall certify as qualified for licensure by
535 endorsement as a cosmetologist in this state an applicant who
536 holds a current active license to practice cosmetology in
537 another state. The board may not require proof of educational
538 hours if the license was issued in a state that requires 1,200
539 or more hours of prelicensure education and passage of a written
540 examination. This subsection does not apply to applicants who
541 received their license in another state through an
542 apprenticeship program.
543 (7)(a) The board shall prescribe by rule continuing
544 education requirements intended to ensure protection of the
545 public through updated training of licensees and registered
546 specialists, not to exceed 10 16 hours biennially, as a
547 condition for renewal of a license or registration as a
548 specialist under this chapter. Continuing education courses
549 shall include, but not be limited to, the following subjects as
550 they relate to the practice of cosmetology: human
551 immunodeficiency virus and acquired immune deficiency syndrome;
552 Occupational Safety and Health Administration regulations;
553 workers’ compensation issues; state and federal laws and rules
554 as they pertain to cosmetologists, cosmetology, salons,
555 specialists, specialty salons, and booth renters; chemical
556 makeup as it pertains to hair, skin, and nails; and
557 environmental issues. Courses given at cosmetology conferences
558 may be counted toward the number of continuing education hours
559 required if approved by the board.
560 (b) Any person whose occupation or practice is confined
561 solely to hair braiding, hair wrapping, or body wrapping is
562 exempt from the continuing education requirements of this
563 subsection.
564 (c) The board may, by rule, require any licensee in
565 violation of a continuing education requirement to take a
566 refresher course or refresher course and examination in addition
567 to any other penalty. The number of hours for the refresher
568 course may not exceed 48 hours.
569 Section 35. Effective January 1, 2021, subsection (1) of
570 section 477.0201, Florida Statutes, is amended to read:
571 477.0201 Specialty registration; qualifications;
572 registration renewal; endorsement.—
573 (1) Any person is qualified for registration as a
574 specialist in any one or more of the specialty practice
575 practices within the practice of cosmetology under this chapter
576 who:
577 (a) Is at least 16 years of age or has received a high
578 school diploma.
579 (b) Has received a certificate of completion for: in a
580 1. One hundred and eighty hours of training, as established
581 by the board, which shall focus primarily on sanitation and
582 safety, to practice specialties as defined in s. 477.013(6)(a)
583 and (b); specialty pursuant to s. 477.013(6)
584 2. Two hundred and twenty hours of training, as established
585 by the board, which shall focus primarily on sanitation and
586 safety, to practice the specialty as defined in s.
587 477.013(6)(c); or
588 3. Four hundred hours of training or the number of hours of
589 training required to maintain minimum Pell Grant requirements,
590 as established by the board, which shall focus primarily on
591 sanitation and safety, to practice the specialties as defined in
592 s. 477.013(6)(a)-(c).
593 (c) The certificate of completion specified in paragraph
594 (b) must be from one of the following:
595 1. A school licensed pursuant to s. 477.023.
596 2. A school licensed pursuant to chapter 1005 or the
597 equivalent licensing authority of another state.
598 3. A specialty program within the public school system.
599 4. A specialty division within the Cosmetology Division of
600 the Florida School for the Deaf and the Blind, provided the
601 training programs comply with minimum curriculum requirements
602 established by the board.
603 Section 36. Paragraph (f) of subsection (1) of section
604 477.026, Florida Statutes, is amended to read:
605 477.026 Fees; disposition.—
606 (1) The board shall set fees according to the following
607 schedule:
608 (f) For hair braiders, hair wrappers, and body wrappers,
609 fees for registration shall not exceed $25.
610 Section 37. Subsection (4) of section 477.0263, Florida
611 Statutes, is amended, and subsection (5) is added to that
612 section, to read:
613 477.0263 Cosmetology services to be performed in licensed
614 salon; exceptions.—
615 (4) Pursuant to rules adopted by the board, any cosmetology
616 or specialty service may be performed in a location other than a
617 licensed salon when the service is performed in connection with
618 a special event and is performed by a person who is employed by
619 a licensed salon and who holds the proper license or specialty
620 registration. An appointment for the performance of any such
621 service in a location other than a licensed salon must be made
622 through a licensed salon.
623 (5) Hair shampooing, hair cutting, hair arranging, nail
624 polish removal, nail filing, nail buffing, and nail cleansing
625 may be performed in a location other than a licensed salon when
626 the service is performed by a person who holds the proper
627 license.
628 Section 38. Paragraph (f) of subsection (1) of section
629 477.0265, Florida Statutes, is amended to read:
630 477.0265 Prohibited acts.—
631 (1) It is unlawful for any person to:
632 (f) Advertise or imply that skin care services or body
633 wrapping, as performed under this chapter, have any relationship
634 to the practice of massage therapy as defined in s. 480.033(3),
635 except those practices or activities defined in s. 477.013.
636 Section 39. Paragraph (a) of subsection (1) of section
637 477.029, Florida Statutes, is amended to read:
638 477.029 Penalty.—
639 (1) It is unlawful for any person to:
640 (a) Hold himself or herself out as a cosmetologist or,
641 specialist, hair wrapper, hair braider, or body wrapper unless
642 duly licensed or registered, or otherwise authorized, as
643 provided in this chapter.
644 Section 40. Section 481.201, Florida Statutes, is amended
645 to read:
646 481.201 Purpose.—The primary legislative purpose for
647 enacting this part is to ensure that every architect practicing
648 in this state meets minimum requirements for safe practice. It
649 is the legislative intent that architects who fall below minimum
650 competency or who otherwise present a danger to the public shall
651 be prohibited from practicing in this state. The Legislature
652 further finds that it is in the interest of the public to limit
653 the practice of interior design to interior designers or
654 architects who have the design education and training required
655 by this part or to persons who are exempted from the provisions
656 of this part.
657 Section 41. Section 481.203, Florida Statutes, is reordered
658 and amended to read:
659 481.203 Definitions.—As used in this part, the term:
660 (3)(1) “Board” means the Board of Architecture and Interior
661 Design.
662 (7)(2) “Department” means the Department of Business and
663 Professional Regulation.
664 (1)(3) “Architect” or “registered architect” means a
665 natural person who is licensed under this part to engage in the
666 practice of architecture.
667 (5)(4) “Certificate of registration” means a license or
668 registration issued by the department to a natural person to
669 engage in the practice of architecture or interior design.
670 (4)(5) “Business organization” means a partnership, a
671 limited liability company, a corporation, or an individual
672 operating under a fictitious name “Certificate of authorization”
673 means a certificate issued by the department to a corporation or
674 partnership to practice architecture or interior design.
675 (2)(6) “Architecture” means the rendering or offering to
676 render services in connection with the design and construction
677 of a structure or group of structures which have as their
678 principal purpose human habitation or use, and the utilization
679 of space within and surrounding such structures. These services
680 include planning, providing preliminary study designs, drawings
681 and specifications, job-site inspection, and administration of
682 construction contracts.
683 (16)(7) “Townhouse” is a single-family dwelling unit not
684 exceeding three stories in height which is constructed in a
685 series or group of attached units with property lines separating
686 such units. Each townhouse shall be considered a separate
687 building and shall be separated from adjoining townhouses by the
688 use of separate exterior walls meeting the requirements for zero
689 clearance from property lines as required by the type of
690 construction and fire protection requirements; or shall be
691 separated by a party wall; or may be separated by a single wall
692 meeting the following requirements:
693 (a) Such wall shall provide not less than 2 hours of fire
694 resistance. Plumbing, piping, ducts, or electrical or other
695 building services shall not be installed within or through the
696 2-hour wall unless such materials and methods of penetration
697 have been tested in accordance with the Standard Building Code.
698 (b) Such wall shall extend from the foundation to the
699 underside of the roof sheathing, and the underside of the roof
700 shall have at least 1 hour of fire resistance for a width not
701 less than 4 feet on each side of the wall.
702 (c) Each dwelling unit sharing such wall shall be designed
703 and constructed to maintain its structural integrity independent
704 of the unit on the opposite side of the wall.
705 (10)(8) “Interior design” means designs, consultations,
706 studies, drawings, specifications, and administration of design
707 construction contracts relating to nonstructural interior
708 elements of a building or structure. “Interior design” includes,
709 but is not limited to, reflected ceiling plans, space planning,
710 furnishings, and the fabrication of nonstructural elements
711 within and surrounding interior spaces of buildings. “Interior
712 design” specifically excludes the design of or the
713 responsibility for architectural and engineering work, except
714 for specification of fixtures and their location within interior
715 spaces. As used in this subsection, “architectural and
716 engineering interior construction relating to the building
717 systems” includes, but is not limited to, construction of
718 structural, mechanical, plumbing, heating, air-conditioning,
719 ventilating, electrical, or vertical transportation systems, or
720 construction which materially affects lifesafety systems
721 pertaining to firesafety protection such as fire-rated
722 separations between interior spaces, fire-rated vertical shafts
723 in multistory structures, fire-rated protection of structural
724 elements, smoke evacuation and compartmentalization, emergency
725 ingress or egress systems, and emergency alarm systems.
726 (13)(9) “Registered interior designer” or “interior
727 designer” means a natural person who holds a valid certificate
728 of registration to practice interior design is licensed under
729 this part.
730 (11)(10) “Nonstructural element” means an element which
731 does not require structural bracing and which is something other
732 than a load-bearing wall, load-bearing column, or other load
733 bearing element of a building or structure which is essential to
734 the structural integrity of the building.
735 (12)(11) “Reflected ceiling plan” means a ceiling design
736 plan which is laid out as if it were projected downward and
737 which may include lighting and other elements.
738 (15)(12) “Space planning” means the analysis, programming,
739 or design of spatial requirements, including preliminary space
740 layouts and final planning.
741 (6)(13) “Common area” means an area that is held out for
742 use by all tenants or owners in a multiple-unit dwelling,
743 including, but not limited to, a lobby, elevator, hallway,
744 laundry room, clubhouse, or swimming pool.
745 (8)(14) “Diversified interior design experience” means
746 experience which substantially encompasses the various elements
747 of interior design services set forth under the definition of
748 “interior design” in subsection (10)(8).
749 (9)(15) “Interior decorator services” includes the
750 selection or assistance in selection of surface materials,
751 window treatments, wallcoverings, paint, floor coverings,
752 surface-mounted lighting, surface-mounted fixtures, and loose
753 furnishings not subject to regulation under applicable building
754 codes.
755 (14)(16) “Responsible supervising control” means the
756 exercise of direct personal supervision and control throughout
757 the preparation of documents, instruments of service, or any
758 other work requiring the seal and signature of a licensee under
759 this part.
760 Section 42. Paragraph (a) of subsection (3) of section
761 481.205, Florida Statutes, is amended to read:
762 481.205 Board of Architecture and Interior Design.—
763 (3)(a) Notwithstanding the provisions of ss. 455.225,
764 455.228, and 455.32, the duties and authority of the department
765 to receive complaints and investigate and discipline persons
766 licensed or registered under this part, including the ability to
767 determine legal sufficiency and probable cause; to initiate
768 proceedings and issue final orders for summary suspension or
769 restriction of a license or certificate of registration pursuant
770 to s. 120.60(6); to issue notices of noncompliance, notices to
771 cease and desist, subpoenas, and citations; to retain legal
772 counsel, investigators, or prosecutorial staff in connection
773 with the licensed practice of architecture or registered and
774 interior design; and to investigate and deter the unlicensed
775 practice of architecture and interior design as provided in s.
776 455.228 are delegated to the board. All complaints and any
777 information obtained pursuant to an investigation authorized by
778 the board are confidential and exempt from s. 119.07(1) as
779 provided in s. 455.225(2) and (10).
780 Section 43. Section 481.207, Florida Statutes, is amended
781 to read:
782 481.207 Fees.—The board, by rule, may establish separate
783 fees for architects and registered interior designers, to be
784 paid for applications, examination, reexamination, licensing and
785 renewal, delinquency, reinstatement, and recordmaking and
786 recordkeeping. The examination fee shall be in an amount that
787 covers the cost of obtaining and administering the examination
788 and shall be refunded if the applicant is found ineligible to
789 sit for the examination. The application fee is nonrefundable.
790 The fee for initial application and examination for architects
791 and interior designers may not exceed $775 plus the actual per
792 applicant cost to the department for purchase of the examination
793 from the National Council of Architectural Registration Boards
794 or the National Council of Interior Design Qualifications,
795 respectively, or similar national organizations. The initial
796 nonrefundable fee for registered interior designers may not
797 exceed $75. The biennial renewal fee for architects may not
798 exceed $200. The biennial renewal fee for registered interior
799 designers may not exceed $75 $500. The delinquency fee may not
800 exceed the biennial renewal fee established by the board for an
801 active license. The board shall establish fees that are adequate
802 to ensure the continued operation of the board and to fund the
803 proportionate expenses incurred by the department which are
804 allocated to the regulation of architects and registered
805 interior designers. Fees shall be based on department estimates
806 of the revenue required to implement this part and the
807 provisions of law with respect to the regulation of architects
808 and interior designers.
809 Section 44. Section 481.209, Florida Statutes, is amended
810 to read:
811 481.209 Examinations.—
812 (1) A person desiring to be licensed as a registered
813 architect by initial examination shall apply to the department,
814 complete the application form, and remit a nonrefundable
815 application fee. The department shall license any applicant who
816 the board certifies:
817 (a) has passed the licensure examination prescribed by
818 board rule; and
819 (b) is a graduate of a school or college of architecture
820 with a program accredited by the National Architectural
821 Accreditation Board.
822 (2) A person seeking to obtain a certificate of
823 registration as a registered interior designer and a seal
824 pursuant to s. 481.221 must provide the department with his or
825 her name and address and written proof that he or she has
826 successfully passed the qualification examination prescribed by
827 the Council for Interior Design Qualification or its successor
828 entity or has successfully passed an equivalent exam as
829 determined by the department. Any person who is licensed as an
830 interior designer by the department and who was in good standing
831 as of July 1, 2020, is eligible to obtain a certificate of
832 registration as a registered interior designer A person desiring
833 to be licensed as a registered interior designer shall apply to
834 the department for licensure. The department shall administer
835 the licensure examination for interior designers to each
836 applicant who has completed the application form and remitted
837 the application and examination fees specified in s. 481.207 and
838 who the board certifies:
839 (a) Is a graduate from an interior design program of 5
840 years or more and has completed 1 year of diversified interior
841 design experience;
842 (b) Is a graduate from an interior design program of 4
843 years or more and has completed 2 years of diversified interior
844 design experience;
845 (c) Has completed at least 3 years in an interior design
846 curriculum and has completed 3 years of diversified interior
847 design experience; or
848 (d) Is a graduate from an interior design program of at
849 least 2 years and has completed 4 years of diversified interior
850 design experience.
851
852 Subsequent to October 1, 2000, for the purpose of having the
853 educational qualification required under this subsection
854 accepted by the board, the applicant must complete his or her
855 education at a program, school, or college of interior design
856 whose curriculum has been approved by the board as of the time
857 of completion. Subsequent to October 1, 2003, all of the
858 required amount of educational credits shall have been obtained
859 in a program, school, or college of interior design whose
860 curriculum has been approved by the board, as of the time each
861 educational credit is gained. The board shall adopt rules
862 providing for the review and approval of programs, schools, and
863 colleges of interior design and courses of interior design study
864 based on a review and inspection by the board of the curriculum
865 of programs, schools, and colleges of interior design in the
866 United States, including those programs, schools, and colleges
867 accredited by the Foundation for Interior Design Education
868 Research. The board shall adopt rules providing for the review
869 and approval of diversified interior design experience required
870 by this subsection.
871 Section 45. Section 481.213, Florida Statutes, is amended
872 to read:
873 481.213 Licensure and registration.—
874 (1) The department shall license or register any applicant
875 who the board certifies is qualified for licensure or
876 registration and who has paid the initial licensure or
877 registration fee. Licensure as an architect under this section
878 shall be deemed to include all the rights and privileges of
879 registration licensure as an interior designer under this
880 section.
881 (2) The board shall certify for licensure or registration
882 by examination any applicant who passes the prescribed licensure
883 or registration examination and satisfies the requirements of
884 ss. 481.209 and 481.211, for architects, or the requirements of
885 s. 481.209, for interior designers.
886 (3) The board shall certify as qualified for a license by
887 endorsement as an architect or registration as a registered an
888 interior designer an applicant who:
889 (a) Qualifies to take the prescribed licensure or
890 registration examination, and has passed the prescribed
891 licensure or registration examination or a substantially
892 equivalent examination in another jurisdiction, as set forth in
893 s. 481.209 for architects or registered interior designers, as
894 applicable, and has satisfied the internship requirements set
895 forth in s. 481.211 for architects;
896 (b) Holds a valid license to practice architecture or a
897 license, registration, or certification to practice interior
898 design issued by another jurisdiction of the United States, if
899 the criteria for issuance of such license were substantially
900 equivalent to the licensure criteria that existed in this state
901 at the time the license was issued; provided, however, that an
902 applicant who has been licensed for use of the title “interior
903 design” rather than licensed to practice interior design shall
904 not qualify hereunder; or
905 (c) Has passed the prescribed licensure examination and
906 holds a valid certificate issued by the National Council of
907 Architectural Registration Boards, and holds a valid license to
908 practice architecture issued by another state or jurisdiction of
909 the United States.
910
911 An architect who is licensed in another state who seeks
912 qualification for license by endorsement under this subsection
913 must complete a 2-hour class approved by the board on wind
914 mitigation techniques.
915 (4) The board may refuse to certify any applicant who has
916 violated any of the provisions of s. 481.223, s. 481.225, or s.
917 481.2251, as applicable.
918 (5) The board may refuse to certify any applicant who is
919 under investigation in any jurisdiction for any act which would
920 constitute a violation of this part or of chapter 455 until such
921 time as the investigation is complete and disciplinary
922 proceedings have been terminated.
923 (6) The board shall adopt rules to implement the provisions
924 of this part relating to the examination, internship, and
925 licensure of applicants.
926 (7) For persons whose licensure requires satisfaction of
927 the requirements of ss. 481.209 and 481.211, the board shall, by
928 rule, establish qualifications for certification of such persons
929 as special inspectors of threshold buildings, as defined in ss.
930 553.71 and 553.79, and shall compile a list of persons who are
931 certified. A special inspector is not required to meet standards
932 for certification other than those established by the board, and
933 the fee owner of a threshold building may not be prohibited from
934 selecting any person certified by the board to be a special
935 inspector. The board shall develop minimum qualifications for
936 the qualified representative of the special inspector who is
937 authorized under s. 553.79 to perform inspections of threshold
938 buildings on behalf of the special inspector.
939 (8) A certificate of registration is not required for a
940 person whose occupation or practice is confined to interior
941 decorator services or for a person whose occupation or practice
942 is confined to interior design as provided in this part.
943 Section 46. Subsection (1) of section 481.2131, Florida
944 Statutes, is amended to read:
945 481.2131 Interior design; practice requirements; disclosure
946 of compensation for professional services.—
947 (1) An A registered interior designer may is authorized to
948 perform “interior design” as defined in s. 481.203. Interior
949 design documents prepared by a registered interior designer
950 shall contain a statement that the document is not an
951 architectural or engineering study, drawing, specification, or
952 design and is not to be used for construction of any load
953 bearing columns, load-bearing framing or walls of structures, or
954 issuance of any building permit, except as otherwise provided by
955 law. Interior design documents that are prepared and sealed by a
956 registered interior designer must may, if required by a
957 permitting body, be accepted by the permitting body be submitted
958 for the issuance of a building permit for interior construction
959 excluding design of any structural, mechanical, plumbing,
960 heating, air-conditioning, ventilating, electrical, or vertical
961 transportation systems or that materially affect lifesafety
962 systems pertaining to firesafety protection such as fire-rated
963 separations between interior spaces, fire-rated vertical shafts
964 in multistory structures, fire-rated protection of structural
965 elements, smoke evacuation and compartmentalization, emergency
966 ingress or egress systems, and emergency alarm systems. If a
967 permitting body requires sealed interior design documents for
968 the issuance of a permit, an individual performing interior
969 design services who is not a licensed architect must include a
970 seal issued by the department and in conformance with the
971 requirements of s. 481.221.
972 Section 47. Section 481.215, Florida Statutes, is amended
973 to read:
974 481.215 Renewal of license or certificate of registration.—
975 (1) Subject to the requirement of subsection (3), the
976 department shall renew a license or certificate of registration
977 upon receipt of the renewal application and renewal fee.
978 (2) The department shall adopt rules establishing a
979 procedure for the biennial renewal of licenses and certificates
980 of registration.
981 (3) A No license or certificate of registration renewal may
982 not shall be issued to an architect or a registered an interior
983 designer by the department until the licensee or registrant
984 submits proof satisfactory to the department that, during the 2
985 years before prior to application for renewal, the licensee or
986 registrant participated per biennium in not less than 20 hours
987 of at least 50 minutes each per biennium of continuing education
988 approved by the board. The board shall approve only continuing
989 education that builds upon the basic knowledge of architecture
990 or interior design. The board may make exception from the
991 requirements of continuing education in emergency or hardship
992 cases.
993 (4) The board shall by rule establish criteria for the
994 approval of continuing education courses and providers and shall
995 by rule establish criteria for accepting alternative
996 nonclassroom continuing education on an hour-for-hour basis.
997 (5) For a license or certificate of registration, the board
998 shall require, by rule adopted pursuant to ss. 120.536(1) and
999 120.54, 2 a specified number of hours in specialized or advanced
1000 courses, approved by the Florida Building Commission, on any
1001 portion of the Florida Building Code, adopted pursuant to part
1002 IV of chapter 553, relating to the licensee’s respective area of
1003 practice. Such hours count toward the continuing education hours
1004 required under subsection (3). A licensee may complete the
1005 courses required under this subsection online.
1006 Section 48. Section 481.217, Florida Statutes, is amended
1007 to read:
1008 481.217 Inactive status.—
1009 (1) The board may prescribe by rule continuing education
1010 requirements as a condition of reactivating a license. The rules
1011 may not require more than one renewal cycle of continuing
1012 education to reactivate a license or registration for a
1013 registered architect or registered interior designer. For
1014 interior design, the board may approve only continuing education
1015 that builds upon the basic knowledge of interior design.
1016 (2) The board shall adopt rules relating to application
1017 procedures for inactive status and for the reactivation of
1018 inactive licenses and registrations.
1019 Section 49. Section 481.219, Florida Statutes, is amended
1020 to read:
1021 481.219 Qualification of business organizations
1022 certification of partnerships, limited liability companies, and
1023 corporations.—
1024 (1) A licensee may The practice of or the offer to practice
1025 architecture or interior design by licensees through a qualified
1026 business organization that offers corporation, limited liability
1027 company, or partnership offering architectural or interior
1028 design services to the public, or by a corporation, limited
1029 liability company, or partnership offering architectural or
1030 interior design services to the public through licensees under
1031 this part as agents, employees, officers, or partners, is
1032 permitted, subject to the provisions of this section.
1033 (2) If a licensee or an applicant proposes to engage in the
1034 practice of architecture as a business organization, the
1035 licensee or applicant shall qualify the business organization
1036 upon approval of the board For the purposes of this section, a
1037 certificate of authorization shall be required for a
1038 corporation, limited liability company, partnership, or person
1039 practicing under a fictitious name, offering architectural
1040 services to the public jointly or separately. However, when an
1041 individual is practicing architecture in her or his own name,
1042 she or he shall not be required to be certified under this
1043 section. Certification under this subsection to offer
1044 architectural services shall include all the rights and
1045 privileges of certification under subsection (3) to offer
1046 interior design services.
1047 (3)(a) A business organization may not engage in the
1048 practice of architecture unless its qualifying agent is a
1049 registered architect under this part. A qualifying agent who
1050 terminates an affiliation with a qualified business organization
1051 shall immediately notify the department of such termination. If
1052 such qualifying agent is the only qualifying agent for that
1053 business organization, the business organization must be
1054 qualified by another qualifying agent within 60 days after the
1055 termination. Except as provided in paragraph (b), the business
1056 organization may not engage in the practice of architecture
1057 until it is qualified by another qualifying agent.
1058 (b) In the event a qualifying agent ceases employment with
1059 a qualified business organization, the executive director or the
1060 chair of the board may authorize another registered architect
1061 employed by the business organization to temporarily serve as
1062 its qualifying agent for a period of no more than 60 days. The
1063 business organization is not authorized to operate beyond such
1064 period under this chapter absent replacement of the qualifying
1065 agent who has ceased employment.
1066 (c) A qualifying agent shall notify the department in
1067 writing before engaging in the practice of architecture in her
1068 or his own name or in affiliation with a different business
1069 organization, and she or he or such business organization shall
1070 supply the same information to the department as required of
1071 applicants under this part.
1072 (3) For the purposes of this section, a certificate of
1073 authorization shall be required for a corporation, limited
1074 liability company, partnership, or person operating under a
1075 fictitious name, offering interior design services to the public
1076 jointly or separately. However, when an individual is practicing
1077 interior design in her or his own name, she or he shall not be
1078 required to be certified under this section.
1079 (4) All final construction documents and instruments of
1080 service which include drawings, specifications, plans, reports,
1081 or other papers or documents that involve involving the practice
1082 of architecture which are prepared or approved for the use of
1083 the business organization corporation, limited liability
1084 company, or partnership and filed for public record within the
1085 state must shall bear the signature and seal of the licensee who
1086 prepared or approved them and the date on which they were
1087 sealed.
1088 (5) All drawings, specifications, plans, reports, or other
1089 papers or documents prepared or approved for the use of the
1090 corporation, limited liability company, or partnership by an
1091 interior designer in her or his professional capacity and filed
1092 for public record within the state shall bear the signature and
1093 seal of the licensee who prepared or approved them and the date
1094 on which they were sealed.
1095 (6) The department shall issue a certificate of
1096 authorization to any applicant who the board certifies as
1097 qualified for a certificate of authorization and who has paid
1098 the fee set in s. 481.207.
1099 (7) The board shall allow a licensee or certify an
1100 applicant to qualify one or more business organizations as
1101 qualified for a certificate of authorization to offer
1102 architectural or interior design services, or to use a
1103 fictitious name to offer such services, if provided that:
1104 (a) one or more of the principal officers of the
1105 corporation or limited liability company, or one or more
1106 partners of the partnership, and all personnel of the
1107 corporation, limited liability company, or partnership who act
1108 in its behalf in this state as architects, are registered as
1109 provided by this part; or
1110 (b) One or more of the principal officers of the
1111 corporation or one or more partners of the partnership, and all
1112 personnel of the corporation, limited liability company, or
1113 partnership who act in its behalf in this state as interior
1114 designers, are registered as provided by this part.
1115 (8) The department shall adopt rules establishing a
1116 procedure for the biennial renewal of certificates of
1117 authorization.
1118 (9) The department shall renew a certificate of
1119 authorization upon receipt of the renewal application and
1120 biennial renewal fee.
1121 (6)(10) Each qualifying agent who qualifies a business
1122 organization, partnership, limited liability company, or and
1123 corporation certified under this section shall notify the
1124 department within 30 days after of any change in the information
1125 contained in the application upon which the qualification
1126 certification is based. Any registered architect or interior
1127 designer who qualifies the business organization shall ensure
1128 corporation, limited liability company, or partnership as
1129 provided in subsection (7) shall be responsible for ensuring
1130 responsible supervising control of projects of the business
1131 organization entity and shall notify the department of the upon
1132 termination of her or his employment with a business
1133 organization qualified partnership, limited liability company,
1134 or corporation certified under this section shall notify the
1135 department of the termination within 30 days after such
1136 termination.
1137 (7)(11) A business organization is not No corporation,
1138 limited liability company, or partnership shall be relieved of
1139 responsibility for the conduct or acts of its agents, employees,
1140 or officers by reason of its compliance with this section.
1141 However, except as provided in s. 558.0035, the architect who
1142 signs and seals the construction documents and instruments of
1143 service is shall be liable for the professional services
1144 performed, and the interior designer who signs and seals the
1145 interior design drawings, plans, or specifications shall be
1146 liable for the professional services performed.
1147 (12) Disciplinary action against a corporation, limited
1148 liability company, or partnership shall be administered in the
1149 same manner and on the same grounds as disciplinary action
1150 against a registered architect or interior designer,
1151 respectively.
1152 (8)(13) Nothing in This section may not shall be construed
1153 to mean that a certificate of registration to practice
1154 architecture must or interior design shall be held by a business
1155 organization corporation, limited liability company, or
1156 partnership. Nothing in This section does not prohibit a
1157 business organization from offering prohibits corporations,
1158 limited liability companies, and partnerships from joining
1159 together to offer architectural, engineering, interior design,
1160 surveying and mapping, and landscape architectural services, or
1161 any combination of such services, to the public if the business
1162 organization, provided that each corporation, limited liability
1163 company, or partnership otherwise meets the requirements of law.
1164 (14) Corporations, limited liability companies, or
1165 partnerships holding a valid certificate of authorization to
1166 practice architecture shall be permitted to use in their title
1167 the term “interior designer” or “registered interior designer.”
1168 Section 50. Subsections (5) and (10) of section 481.221,
1169 Florida Statutes, are amended to read:
1170 481.221 Seals; display of certificate number.—
1171 (5) No registered interior designer shall affix, or permit
1172 to be affixed, her or his seal or signature to any plan,
1173 specification, drawing, or other document which depicts work
1174 which she or he is not competent or registered licensed to
1175 perform.
1176 (10) Each registered architect must or interior designer,
1177 and each corporation, limited liability company, or partnership
1178 holding a certificate of authorization, shall include her or his
1179 license its certificate number in any newspaper, telephone
1180 directory, or other advertising medium used by the registered
1181 licensee. Each business organization must include the license
1182 number of the registered architect who serves as the qualifying
1183 agent for that business organization in any newspaper, telephone
1184 directory, or other advertising medium used by the business
1185 organization architect, interior designer, corporation, limited
1186 liability company, or partnership. A corporation, limited
1187 liability company, or partnership is not required to display the
1188 certificate number of individual registered architects or
1189 interior designers employed by or working within the
1190 corporation, limited liability company, or partnership.
1191 Section 51. Section 481.223, Florida Statutes, is amended
1192 to read:
1193 481.223 Prohibitions; penalties; injunctive relief.—
1194 (1) A person may not knowingly:
1195 (a) Practice architecture unless the person is an architect
1196 or a registered architect; however, a licensed architect who has
1197 been licensed by the board and who chooses to relinquish or not
1198 to renew his or her license may use the title “Architect,
1199 Retired” but may not otherwise render any architectural
1200 services.
1201 (b) Practice interior design unless the person is a
1202 registered interior designer unless otherwise exempted herein;
1203 however, an interior designer who has been licensed by the board
1204 and who chooses to relinquish or not to renew his or her license
1205 may use the title “Interior Designer, Retired” but may not
1206 otherwise render any interior design services.
1207 (b)(c) Use the name or title “architect,” or “registered
1208 architect,” or “interior designer” or “registered interior
1209 designer,” or words to that effect, when the person is not then
1210 the holder of a valid license or certificate of registration
1211 issued pursuant to this part. This paragraph does not restrict
1212 the use of the name or title “interior designer” or “interior
1213 design firm.”
1214 (c)(d) Present as his or her own the license of another.
1215 (d)(e) Give false or forged evidence to the board or a
1216 member thereof.
1217 (e)(f) Use or attempt to use an architect or interior
1218 designer license or interior design certificate of registration
1219 that has been suspended, revoked, or placed on inactive or
1220 delinquent status.
1221 (f)(g) Employ unlicensed persons to practice architecture
1222 or interior design.
1223 (g)(h) Conceal information relative to violations of this
1224 part.
1225 (2) Any person who violates any provision of subsection (1)
1226 commits a misdemeanor of the first degree, punishable as
1227 provided in s. 775.082 or s. 775.083.
1228 (3)(a) Notwithstanding chapter 455 or any other law to the
1229 contrary, an affected person may maintain an action for
1230 injunctive relief to restrain or prevent a person from violating
1231 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1232 prevailing party is entitled to actual costs and attorney’s
1233 fees.
1234 (b) For purposes of this subsection, the term “affected
1235 person” means a person directly affected by the actions of a
1236 person suspected of violating paragraph (1)(a) or, paragraph
1237 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1238 the department, any person who received services from the
1239 alleged violator, or any private association composed primarily
1240 of members of the profession the alleged violator is practicing
1241 or offering to practice or holding himself or herself out as
1242 qualified to practice.
1243 Section 52. Section 481.2251, Florida Statutes, is amended
1244 to read:
1245 481.2251 Disciplinary proceedings against registered
1246 interior designers.—
1247 (1) The following acts constitute grounds for which the
1248 disciplinary actions specified in subsection (2) may be taken:
1249 (a) Attempting to register obtain, obtaining, or renewing
1250 registration, by bribery, by fraudulent misrepresentation, or
1251 through an error of the board, a license to practice interior
1252 design;
1253 (b) Having an interior design license, certification, or
1254 registration a license to practice interior design revoked,
1255 suspended, or otherwise acted against, including the denial of
1256 licensure, registration, or certification by the licensing
1257 authority of another jurisdiction for any act which would
1258 constitute a violation of this part or of chapter 455;
1259 (c) Being convicted or found guilty, regardless of
1260 adjudication, of a crime in any jurisdiction which directly
1261 relates to the provision of interior design services or to the
1262 ability to provide interior design services. A plea of nolo
1263 contendere shall create a rebuttable presumption of guilt to the
1264 underlying criminal charges. However, the board shall allow the
1265 person being disciplined to present any evidence relevant to the
1266 underlying charges and the circumstances surrounding her or his
1267 plea;
1268 (d) False, deceptive, or misleading advertising;
1269 (e) Failing to report to the board any person who the
1270 licensee knows is in violation of this part or the rules of the
1271 board;
1272 (f) Aiding, assisting, procuring, or advising any
1273 unlicensed person to use the title “interior designer” contrary
1274 to this part or to a rule of the board;
1275 (g) Failing to perform any statutory or legal obligation
1276 placed upon a registered interior designer;
1277 (h) Making or filing a report which the registrant licensee
1278 knows to be false, intentionally or negligently failing to file
1279 a report or record required by state or federal law, or
1280 willfully impeding or obstructing such filing or inducing
1281 another person to do so. Such reports or records shall include
1282 only those which are signed in the capacity as a registered
1283 interior designer;
1284 (f)(i) Making deceptive, untrue, or fraudulent
1285 representations in the provision of interior design services;
1286 (g)(j) Accepting and performing professional
1287 responsibilities which the registrant licensee knows or has
1288 reason to know that she or he is not competent or licensed to
1289 perform;
1290 (k) Violating any provision of this part, any rule of the
1291 board, or a lawful order of the board previously entered in a
1292 disciplinary hearing;
1293 (l) Conspiring with another licensee or with any other
1294 person to commit an act, or committing an act, which would tend
1295 to coerce, intimidate, or preclude another licensee from
1296 lawfully advertising her or his services;
1297 (m) Acceptance of compensation or any consideration by an
1298 interior designer from someone other than the client without
1299 full disclosure of the compensation or consideration amount or
1300 value to the client prior to the engagement for services, in
1301 violation of s. 481.2131(2);
1302 (h)(n) Rendering or offering to render architectural
1303 services; or
1304 (i)(o) Committing an act of fraud or deceit, or of
1305 negligence, incompetency, or misconduct, in the practice of
1306 interior design, including, but not limited to, allowing the
1307 preparation of any interior design studies, plans, or other
1308 instruments of service in an office that does not have a full
1309 time Florida-registered interior designer assigned to such
1310 office or failing to exercise responsible supervisory control
1311 over services or projects, as required by board rule.
1312 (2) When the board finds any person guilty of any of the
1313 grounds set forth in subsection (1), it may enter an order
1314 taking the following action or imposing one or more of the
1315 following penalties:
1316 (a) Refusal to register the applicant approve an
1317 application for licensure;
1318 (b) Refusal to renew an existing registration license;
1319 (c) Removal from the state registry Revocation or
1320 suspension of a license; or
1321 (d) Imposition of an administrative fine not to exceed $500
1322 $1,000 for each violation or separate offense and a fine of up
1323 to $2,500 $5,000 for matters pertaining to a material violation
1324 of the Florida Building Code as reported by a local
1325 jurisdiction; or
1326 (e) Issuance of a reprimand.
1327 Section 53. Paragraph (b) of subsection (5) and subsections
1328 (6) and (8) of section 481.229, Florida Statutes, are amended to
1329 read:
1330 481.229 Exceptions; exemptions from licensure.—
1331 (5)
1332 (b) Notwithstanding any other provision of this part, all
1333 persons licensed as architects under this part shall be
1334 qualified for interior design registration licensure upon
1335 submission of a completed application for such license and a fee
1336 not to exceed $30. Such persons shall be exempt from the
1337 requirements of s. 481.209(2). For architects licensed as
1338 interior designers, satisfaction of the requirements for renewal
1339 of licensure as an architect under s. 481.215 shall be deemed to
1340 satisfy the requirements for renewal of registration licensure
1341 as an interior designer under that section. Complaint
1342 processing, investigation, or other discipline-related legal
1343 costs related to persons licensed as interior designers under
1344 this paragraph shall be assessed against the architects’ account
1345 of the Regulatory Trust Fund.
1346 (6) This part shall not apply to:
1347 (a) A person who performs interior design services or
1348 interior decorator services for any residential application,
1349 provided that such person does not advertise as, or represent
1350 himself or herself as, an interior designer. For purposes of
1351 this paragraph, “residential applications” includes all types of
1352 residences, including, but not limited to, residence buildings,
1353 single-family homes, multifamily homes, townhouses, apartments,
1354 condominiums, and domestic outbuildings appurtenant to one
1355 family or two-family residences. However, “residential
1356 applications” does not include common areas associated with
1357 instances of multiple-unit dwelling applications.
1358 (b) An employee of a retail establishment providing
1359 “interior decorator services” on the premises of the retail
1360 establishment or in the furtherance of a retail sale or
1361 prospective retail sale, provided that such employee does not
1362 advertise as, or represent himself or herself as, a registered
1363 an interior designer.
1364 (8) A manufacturer of commercial food service equipment or
1365 the manufacturer’s representative, distributor, or dealer or an
1366 employee thereof, who prepares designs, specifications, or
1367 layouts for the sale or installation of such equipment is exempt
1368 from licensure as an architect or interior designer, if:
1369 (a) The designs, specifications, or layouts are not used
1370 for construction or installation that may affect structural,
1371 mechanical, plumbing, heating, air conditioning, ventilating,
1372 electrical, or vertical transportation systems.
1373 (b) The designs, specifications, or layouts do not
1374 materially affect lifesafety systems pertaining to firesafety
1375 protection, smoke evacuation and compartmentalization, and
1376 emergency ingress or egress systems.
1377 (c) Each design, specification, or layout document prepared
1378 by a person or entity exempt under this subsection contains a
1379 statement on each page of the document that the designs,
1380 specifications, or layouts are not architectural, interior
1381 design, or engineering designs, specifications, or layouts and
1382 not used for construction unless reviewed and approved by a
1383 licensed architect or engineer.
1384 Section 54. Subsection (1) of section 481.231, Florida
1385 Statutes, is amended to read:
1386 481.231 Effect of part locally.—
1387 (1) Nothing in This part does not shall be construed to
1388 repeal, amend, limit, or otherwise affect any specific provision
1389 of any local building code or zoning law or ordinance that has
1390 been duly adopted, now or hereafter enacted, which is more
1391 restrictive, with respect to the services of registered
1392 architects or registered interior designers, than the provisions
1393 of this part; provided, however, that a licensed architect shall
1394 be deemed registered licensed as an interior designer for
1395 purposes of offering or rendering interior design services to a
1396 county, municipality, or other local government or political
1397 subdivision.
1398 Section 55. Section 481.303, Florida Statutes, is amended
1399 to read:
1400 481.303 Definitions.—As used in this chapter, the term:
1401 (1) “Board” means the Board of Landscape Architecture.
1402 (3)(2) “Department” means the Department of Business and
1403 Professional Regulation.
1404 (6)(3) “Registered landscape architect” means a person who
1405 holds a license to practice landscape architecture in this state
1406 under the authority of this act.
1407 (2)(4) “Certificate of registration” means a license issued
1408 by the department to a natural person to engage in the practice
1409 of landscape architecture.
1410 (5) “Certificate of authorization” means a license issued
1411 by the department to a corporation or partnership to engage in
1412 the practice of landscape architecture.
1413 (4)(6) “Landscape architecture” means professional
1414 services, including, but not limited to, the following:
1415 (a) Consultation, investigation, research, planning,
1416 design, preparation of drawings, specifications, contract
1417 documents and reports, responsible construction supervision, or
1418 landscape management in connection with the planning and
1419 development of land and incidental water areas, including the
1420 use of Florida-friendly landscaping as defined in s. 373.185,
1421 where, and to the extent that, the dominant purpose of such
1422 services or creative works is the preservation, conservation,
1423 enhancement, or determination of proper land uses, natural land
1424 features, ground cover and plantings, or naturalistic and
1425 aesthetic values;
1426 (b) The determination of settings, grounds, and approaches
1427 for and the siting of buildings and structures, outdoor areas,
1428 or other improvements;
1429 (c) The setting of grades, shaping and contouring of land
1430 and water forms, determination of drainage, and provision for
1431 storm drainage and irrigation systems where such systems are
1432 necessary to the purposes outlined herein; and
1433 (d) The design of such tangible objects and features as are
1434 necessary to the purpose outlined herein.
1435 (5)(7) “Landscape design” means consultation for and
1436 preparation of planting plans drawn for compensation, including
1437 specifications and installation details for plant materials,
1438 soil amendments, mulches, edging, gravel, and other similar
1439 materials. Such plans may include only recommendations for the
1440 conceptual placement of tangible objects for landscape design
1441 projects. Construction documents, details, and specifications
1442 for tangible objects and irrigation systems shall be designed or
1443 approved by licensed professionals as required by law.
1444 Section 56. Section 481.310, Florida Statutes, is amended
1445 to read:
1446 481.310 Practical experience requirement.—Beginning October
1447 1, 1990, every applicant for licensure as a registered landscape
1448 architect shall demonstrate, prior to licensure, 1 year of
1449 practical experience in landscape architectural work. An
1450 applicant who holds a master of landscape architecture degree
1451 and a bachelor’s degree in a related field is not required to
1452 demonstrate 1 year of practical experience in landscape
1453 architectural work to obtain licensure. The board shall adopt
1454 rules providing standards for the required experience. An
1455 applicant who qualifies for examination pursuant to s.
1456 481.309(1)(b)1. may obtain the practical experience after
1457 completing the required professional degree. Experience used to
1458 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1459 be used to satisfy the practical experience requirement under
1460 this section.
1461 Section 57. Subsections (3) and (4) of s. 481.311, Florida
1462 Statutes, are amended to read:
1463 481.311 Licensure.—
1464 (3) The board shall certify as qualified for a license by
1465 endorsement an applicant who:
1466 (a) Qualifies to take the examination as set forth in s.
1467 481.309; and has passed a national, regional, state, or
1468 territorial licensing examination which is substantially
1469 equivalent to the examination required by s. 481.309; or
1470 (b) Holds a valid license to practice landscape
1471 architecture issued by another state or territory of the United
1472 States, if the criteria for issuance of such license were
1473 substantially identical to the licensure criteria which existed
1474 in this state at the time the license was issued; or.
1475 (c) Has held a valid license to practice landscape
1476 architecture in another state or territory of the United States
1477 for at least 10 years before the date of application and has
1478 successfully completed a state, regional, national, or other
1479 examination that is equivalent to or more stringent than the
1480 examination required by the board, subject to subsection (5). An
1481 applicant who has met the requirements to be qualified for a
1482 license by endorsement, except for successful completion of an
1483 examination that is equivalent to or more stringent than the
1484 examination required by the board, may take the examination
1485 required by the board without completing additional education
1486 requirements. Such application must be submitted to the board
1487 while the applicant holds a valid license in another state or
1488 territory or within 2 years after the expiration of such
1489 license.
1490 (4) The board shall certify as qualified for a certificate
1491 of authorization any applicant corporation or partnership who
1492 satisfies the requirements of s. 481.319.
1493 Section 58. Subsection (4) of section 481.313, Florida
1494 Statutes, is amended to read:
1495 481.313 Renewal of license.—
1496 (4) The board, by rule adopted pursuant to ss. 120.536(1)
1497 and 120.54, shall establish criteria for the approval of
1498 continuing education courses and providers, and shall by rule
1499 establish criteria for accepting alternative nonclassroom
1500 continuing education on an hour-for-hour basis. A landscape
1501 architect shall receive hour-for-hour credit for attending
1502 continuing education courses approved by the Landscape
1503 Architecture Continuing Education System or another nationally
1504 recognized clearinghouse for continuing education that relate to
1505 and increase his or her basic knowledge of landscape
1506 architecture, as determined by the board, if the landscape
1507 architect submits proof satisfactory to the board that such
1508 course was approved by the Landscape Architecture Continuing
1509 Education System or another nationally recognized clearinghouse
1510 for continuing education, along with the syllabus or outline for
1511 such course and proof of course attendance.
1512 Section 59. Subsection (2) of section 481.317, Florida
1513 Statutes, is amended to read:
1514 481.317 Temporary certificates.—
1515 (2) Upon approval by the board and payment of the fee set
1516 in s. 481.307, the department shall grant a temporary
1517 certificate of authorization for work on one specified project
1518 in this state for a period not to exceed 1 year to an out-of
1519 state corporation, partnership, or firm, provided one of the
1520 principal officers of the corporation, one of the partners of
1521 the partnership, or one of the principals in the fictitiously
1522 named firm has obtained a temporary certificate of registration
1523 in accordance with subsection (1).
1524 Section 60. Section 481.319, Florida Statutes, is amended
1525 to read:
1526 481.319 Corporate and partnership practice of landscape
1527 architecture; certificate of authorization.—
1528 (1) The practice of or offer to practice landscape
1529 architecture by registered landscape architects registered under
1530 this part through a corporation or partnership offering
1531 landscape architectural services to the public, or through a
1532 corporation or partnership offering landscape architectural
1533 services to the public through individual registered landscape
1534 architects as agents, employees, officers, or partners, is
1535 permitted, subject to the provisions of this section, if:
1536 (a) One or more of the principal officers of the
1537 corporation, or partners of the partnership, and all personnel
1538 of the corporation or partnership who act in its behalf as
1539 landscape architects in this state are registered landscape
1540 architects; and
1541 (b) One or more of the officers, one or more of the
1542 directors, one or more of the owners of the corporation, or one
1543 or more of the partners of the partnership is a registered
1544 landscape architect; and
1545 (c) The corporation or partnership has been issued a
1546 certificate of authorization by the board as provided herein.
1547 (2) All documents involving the practice of landscape
1548 architecture which are prepared for the use of the corporation
1549 or partnership shall bear the signature and seal of a registered
1550 landscape architect.
1551 (3) A landscape architect applying to practice in the name
1552 of a An applicant corporation must shall file with the
1553 department the names and addresses of all officers and board
1554 members of the corporation, including the principal officer or
1555 officers, duly registered to practice landscape architecture in
1556 this state and, also, of all individuals duly registered to
1557 practice landscape architecture in this state who shall be in
1558 responsible charge of the practice of landscape architecture by
1559 the corporation in this state. A landscape architect applying to
1560 practice in the name of a An applicant partnership must shall
1561 file with the department the names and addresses of all partners
1562 of the partnership, including the partner or partners duly
1563 registered to practice landscape architecture in this state and,
1564 also, of an individual or individuals duly registered to
1565 practice landscape architecture in this state who shall be in
1566 responsible charge of the practice of landscape architecture by
1567 said partnership in this state.
1568 (4) Each landscape architect qualifying a partnership or
1569 and corporation licensed under this part must shall notify the
1570 department within 1 month after of any change in the information
1571 contained in the application upon which the license is based.
1572 Any landscape architect who terminates her or his or her
1573 employment with a partnership or corporation licensed under this
1574 part shall notify the department of the termination within 1
1575 month after such termination.
1576 (5) Disciplinary action against a corporation or
1577 partnership shall be administered in the same manner and on the
1578 same grounds as disciplinary action against a registered
1579 landscape architect.
1580 (6) Except as provided in s. 558.0035, the fact that a
1581 registered landscape architect practices landscape architecture
1582 through a corporation or partnership as provided in this section
1583 does not relieve the landscape architect from personal liability
1584 for her or his or her professional acts.
1585 Section 61. Subsection (5) of section 481.321, Florida
1586 Statutes, is amended to read:
1587 481.321 Seals; display of certificate number.—
1588 (5) Each registered landscape architect must and each
1589 corporation or partnership holding a certificate of
1590 authorization shall include her or his its certificate number in
1591 any newspaper, telephone directory, or other advertising medium
1592 used by the registered landscape architect, corporation, or
1593 partnership. A corporation or partnership must is not required
1594 to display the certificate number numbers of at least one
1595 officer, director, owner, or partner who is a individual
1596 registered landscape architect architects employed by or
1597 practicing with the corporation or partnership.
1598 Section 62. Subsection (5) of section 481.329, Florida
1599 Statutes, is amended to read:
1600 481.329 Exceptions; exemptions from licensure.—
1601 (5) This part does not prohibit any person from engaging in
1602 the practice of landscape design, as defined in s. 481.303 s.
1603 481.303(7), or from submitting for approval to a governmental
1604 agency planting plans that are independent of, or a component
1605 of, construction documents that are prepared by a Florida
1606 registered professional. Persons providing landscape design
1607 services shall not use the title, term, or designation
1608 “landscape architect,” “landscape architectural,” “landscape
1609 architecture,” “L.A.,” “landscape engineering,” or any
1610 description tending to convey the impression that she or he is a
1611 landscape architect unless she or he is registered as provided
1612 in this part.
1613 Section 63. Subsection (9) of section 489.103, Florida
1614 Statutes, is amended to read:
1615 489.103 Exemptions.—This part does not apply to:
1616 (9) Any work or operation of a casual, minor, or
1617 inconsequential nature in which the aggregate contract price for
1618 labor, materials, and all other items is less than $2,500
1619 $1,000, but this exemption does not apply:
1620 (a) If the construction, repair, remodeling, or improvement
1621 is a part of a larger or major operation, whether undertaken by
1622 the same or a different contractor, or in which a division of
1623 the operation is made in contracts of amounts less than $2,500
1624 $1,000 for the purpose of evading this part or otherwise.
1625 (b) To a person who advertises that he or she is a
1626 contractor or otherwise represents that he or she is qualified
1627 to engage in contracting.
1628 Section 64. Subsection (2) of section 489.111, Florida
1629 Statutes, is amended to read:
1630 489.111 Licensure by examination.—
1631 (2) A person shall be eligible for licensure by examination
1632 if the person:
1633 (a) Is 18 years of age;
1634 (b) Is of good moral character; and
1635 (c) Meets eligibility requirements according to one of the
1636 following criteria:
1637 1. Has received a baccalaureate degree from an accredited
1638 4-year college in the appropriate field of engineering,
1639 architecture, or building construction and has 1 year of proven
1640 experience in the category in which the person seeks to qualify.
1641 For the purpose of this part, a minimum of 2,000 person-hours
1642 shall be used in determining full-time equivalency. An applicant
1643 who is exempt from passing an examination under s. 489.113(1) is
1644 eligible for a license under this section.
1645 2. Has a total of at least 4 years of active experience as
1646 a worker who has learned the trade by serving an apprenticeship
1647 as a skilled worker who is able to command the rate of a
1648 mechanic in the particular trade or as a foreman who is in
1649 charge of a group of workers and usually is responsible to a
1650 superintendent or a contractor or his or her equivalent,
1651 provided, however, that at least 1 year of active experience
1652 shall be as a foreman.
1653 3. Has a combination of not less than 1 year of experience
1654 as a foreman and not less than 3 years of credits for any
1655 accredited college-level courses; has a combination of not less
1656 than 1 year of experience as a skilled worker, 1 year of
1657 experience as a foreman, and not less than 2 years of credits
1658 for any accredited college-level courses; or has a combination
1659 of not less than 2 years of experience as a skilled worker, 1
1660 year of experience as a foreman, and not less than 1 year of
1661 credits for any accredited college-level courses. All junior
1662 college or community college-level courses shall be considered
1663 accredited college-level courses.
1664 4.a. An active certified residential contractor is eligible
1665 to receive a certified building contractor license after passing
1666 or having previously passed take the building contractors’
1667 examination if he or she possesses a minimum of 3 years of
1668 proven experience in the classification in which he or she is
1669 certified.
1670 b. An active certified residential contractor is eligible
1671 to receive a certified general contractor license after passing
1672 or having previously passed take the general contractors’
1673 examination if he or she possesses a minimum of 4 years of
1674 proven experience in the classification in which he or she is
1675 certified.
1676 c. An active certified building contractor is eligible to
1677 receive a certified general contractor license after passing or
1678 having previously passed take the general contractors’
1679 examination if he or she possesses a minimum of 4 years of
1680 proven experience in the classification in which he or she is
1681 certified.
1682 5.a. An active certified air-conditioning Class C
1683 contractor is eligible to receive a certified air-conditioning
1684 Class B contractor license after passing or having previously
1685 passed take the air-conditioning Class B contractors’
1686 examination if he or she possesses a minimum of 3 years of
1687 proven experience in the classification in which he or she is
1688 certified.
1689 b. An active certified air-conditioning Class C contractor
1690 is eligible to receive a certified air-conditioning Class A
1691 contractor license after passing or having previously passed
1692 take the air-conditioning Class A contractors’ examination if he
1693 or she possesses a minimum of 4 years of proven experience in
1694 the classification in which he or she is certified.
1695 c. An active certified air-conditioning Class B contractor
1696 is eligible to receive a certified air-conditioning Class A
1697 contractor license after passing or having previously passed
1698 take the air-conditioning Class A contractors’ examination if he
1699 or she possesses a minimum of 1 year of proven experience in the
1700 classification in which he or she is certified.
1701 6.a. An active certified swimming pool servicing contractor
1702 is eligible to receive a certified residential swimming pool
1703 contractor license after passing or having previously passed
1704 take the residential swimming pool contractors’ examination if
1705 he or she possesses a minimum of 3 years of proven experience in
1706 the classification in which he or she is certified.
1707 b. An active certified swimming pool servicing contractor
1708 is eligible to receive a certified commercial swimming pool
1709 contractor license after passing or having previously passed
1710 take the swimming pool commercial contractors’ examination if he
1711 or she possesses a minimum of 4 years of proven experience in
1712 the classification in which he or she is certified.
1713 c. An active certified residential swimming pool contractor
1714 is eligible to receive a certified commercial swimming pool
1715 contractor license after passing or having previously passed
1716 take the commercial swimming pool contractors’ examination if he
1717 or she possesses a minimum of 1 year of proven experience in the
1718 classification in which he or she is certified.
1719 d. An applicant is eligible to receive a certified swimming
1720 pool/spa servicing contractor license after passing or having
1721 previously passed take the swimming pool/spa servicing
1722 contractors’ examination if he or she has satisfactorily
1723 completed 60 hours of instruction in courses related to the
1724 scope of work covered by that license and approved by the
1725 Construction Industry Licensing Board by rule and has at least 1
1726 year of proven experience related to the scope of work of such a
1727 contractor.
1728 Section 65. Subsection (1) of section 489.113, Florida
1729 Statutes, is amended to read:
1730 489.113 Qualifications for practice; restrictions.—
1731 (1) Any person who desires to engage in contracting on a
1732 statewide basis shall, as a prerequisite thereto, establish his
1733 or her competency and qualifications to be certified pursuant to
1734 this part. To establish competency, a person shall pass the
1735 appropriate examination approved by the board and certified by
1736 the department. If an applicant has received a baccalaureate
1737 degree in building construction from an accredited 4-year
1738 college, or a related degree as approved by the board by rule,
1739 and has a grade point average of 3.0 or higher, such applicant
1740 is only required to take and pass the business and finance
1741 portion of the examination. Any person who desires to engage in
1742 contracting on other than a statewide basis shall, as a
1743 prerequisite thereto, be registered pursuant to this part,
1744 unless exempted by this part.
1745 Section 66. Subsection (3) of section 489.115, Florida
1746 Statutes, is amended to read:
1747 489.115 Certification and registration; endorsement;
1748 reciprocity; renewals; continuing education.—
1749 (3) The board shall certify as qualified for certification
1750 by endorsement any applicant who:
1751 (a) Meets the requirements for certification as set forth
1752 in this section; has passed a national, regional, state, or
1753 United States territorial licensing examination that is
1754 substantially equivalent to the examination required by this
1755 part; and has satisfied the requirements set forth in s.
1756 489.111;
1757 (b) Holds a valid license to practice contracting issued by
1758 another state or territory of the United States, if the criteria
1759 for issuance of such license were substantially equivalent to
1760 Florida’s current certification criteria; or
1761 (c) Holds a valid, current license to practice contracting
1762 issued by another state or territory of the United States, if
1763 the state or territory has entered into a reciprocal agreement
1764 with the board for the recognition of contractor licenses issued
1765 in that state, based on criteria for the issuance of such
1766 licenses that are substantially equivalent to the criteria for
1767 certification in this state; or
1768 (d) Has held a valid, current license to practice
1769 contracting issued by another state or territory of the United
1770 States for at least 10 years before the date of application and
1771 is applying for the same or similar license in this state,
1772 subject to subsections (5)-(9). The board may consider an
1773 applicant’s technical competence to ensure the applicant is able
1774 to meet the requirements of this state’s codes and standards for
1775 wind mitigation and water intrusion. The board may also consider
1776 whether such applicant has had a license to practice contracting
1777 revoked, suspended, or otherwise acted against by the licensing
1778 authority of another state, territory, or country. Such
1779 application must be made either when the license in another
1780 state or territory is active or within 2 years after such
1781 license was last active. Division I contractors and roofing
1782 contractors must complete a 2-hour course on the Florida
1783 Building Code which includes information on wind mitigation
1784 techniques. The required courses may be completed online.
1785 Section 67. Subsection (5) of section 489.511, Florida
1786 Statutes, is amended to read:
1787 489.511 Certification; application; examinations;
1788 endorsement.—
1789 (5) The board shall certify as qualified for certification
1790 by endorsement any individual applying for certification who:
1791 (a) Meets the requirements for certification as set forth
1792 in this section; has passed a national, regional, state, or
1793 United States territorial licensing examination that is
1794 substantially equivalent to the examination required by this
1795 part; and has satisfied the requirements set forth in s.
1796 489.521; or
1797 (b) Holds a valid license to practice electrical or alarm
1798 system contracting issued by another state or territory of the
1799 United States, if the criteria for issuance of such license was
1800 substantially equivalent to the certification criteria that
1801 existed in this state at the time the certificate was issued; or
1802 (c) Has held a valid, current license to practice
1803 electrical or alarm system contracting issued by another state
1804 or territory of the United States for at least 10 years before
1805 the date of application and is applying for the same or similar
1806 license in this state, subject to ss. 489.510 and 489.521(3)(a)
1807 and subparagraph (1)(b)1. Such application must be made either
1808 when the license in another state or territory is active or
1809 within 2 years after such license was last active. Electrical
1810 contractors and alarm system contractors must complete a 2-hour
1811 course on the Florida Building Code. The required courses may be
1812 completed online.
1813 Section 68. Subsection (3) and paragraph (b) of subsection
1814 (4) of section 489.517, Florida Statutes, are amended to read:
1815 489.517 Renewal of certificate or registration; continuing
1816 education.—
1817 (3)(a) Each certificateholder or registrant licensed as a
1818 specialty contractor or an alarm system contractor shall provide
1819 proof, in a form established by rule of the board, that the
1820 certificateholder or registrant has completed at least 7 14
1821 classroom hours of at least 50 minutes each of continuing
1822 education courses during each biennium since the issuance or
1823 renewal of the certificate or registration. The board shall by
1824 rule establish criteria for the approval of continuing education
1825 courses and providers and may by rule establish criteria for
1826 accepting alternative nonclassroom continuing education on an
1827 hour-for-hour basis.
1828 (b) Each certificateholder or registrant licensed as an
1829 electrical contractor shall provide proof, in a form established
1830 by rule of the board, that the certificateholder or registrant
1831 has completed at least 11 classroom hours of at least 50 minutes
1832 each of continuing education courses during each biennium since
1833 the issuance or renewal of the certificate or registration. The
1834 board shall by rule establish criteria for the approval of
1835 continuing education courses and providers and may by rule
1836 establish criteria for accepting alternative nonclassroom
1837 continuing education on an hour-for-hour basis.
1838 (4)
1839 (b)1. For licensed specialty contractors or alarm system
1840 contractors, of the 7 14 classroom hours of continuing education
1841 required, at least 1 hour 7 hours must be on technical subjects,
1842 1 hour on workers’ compensation, 1 hour on workplace safety, 1
1843 hour on business practices, and for alarm system contractors and
1844 electrical contractors engaged in alarm system contracting, 2
1845 hours on false alarm prevention.
1846 2. For licensed electrical contractors, of the minimum 11
1847 classroom hours of continuing education required, at least 7
1848 hours must be on technical subjects, 1 hour on workers’
1849 compensation, 1 hour on workplace safety, and 1 hour on business
1850 practices. Electrical contractors engaged in alarm system
1851 contracting must also complete 2 hours on false alarm
1852 prevention.
1853 Section 69. Paragraph (b) of subsection (1) of section
1854 489.518, Florida Statutes, is amended to read:
1855 489.518 Alarm system agents.—
1856 (1) A licensed electrical or alarm system contractor may
1857 not employ a person to perform the duties of a burglar alarm
1858 system agent unless the person:
1859 (b) Has successfully completed a minimum of 14 hours of
1860 training within 90 days after employment, to include basic alarm
1861 system electronics in addition to related training including
1862 CCTV and access control training, with at least 2 hours of
1863 training in the prevention of false alarms. Such training shall
1864 be from a board-approved provider, and the employee or applicant
1865 for employment shall provide proof of successful completion to
1866 the licensed employer. The board shall by rule establish
1867 criteria for the approval of training courses and providers and
1868 may by rule establish criteria for accepting alternative
1869 nonclassroom education on an hour-for-hour basis. The board
1870 shall approve providers that conduct training in other than the
1871 English language. The board shall establish a fee for the
1872 approval of training providers or courses, not to exceed $60.
1873 Qualified employers may conduct training classes for their
1874 employees, with board approval.
1875 Section 70. Section 492.104, Florida Statutes, is amended
1876 to read:
1877 492.104 Rulemaking authority.—The Board of Professional
1878 Geologists has authority to adopt rules pursuant to ss.
1879 120.536(1) and 120.54 to implement this chapter. Every licensee
1880 shall be governed and controlled by this chapter and the rules
1881 adopted by the board. The board is authorized to set, by rule,
1882 fees for application, examination, certificate of authorization,
1883 late renewal, initial licensure, and license renewal. These fees
1884 may should not exceed the cost of implementing the application,
1885 examination, initial licensure, and license renewal or other
1886 administrative process and shall be established as follows:
1887 (1) The application fee shall not exceed $150 and shall be
1888 nonrefundable.
1889 (2) The examination fee shall not exceed $250, and the fee
1890 may be apportioned to each part of a multipart examination. The
1891 examination fee shall be refundable in whole or part if the
1892 applicant is found to be ineligible to take any portion of the
1893 licensure examination.
1894 (3) The initial license fee shall not exceed $100.
1895 (4) The biennial renewal fee shall not exceed $150.
1896 (5) The fee for a certificate of authorization shall not
1897 exceed $350 and the fee for renewal of the certificate shall not
1898 exceed $350.
1899 (5)(6) The fee for reactivation of an inactive license may
1900 shall not exceed $50.
1901 (6)(7) The fee for a provisional license may shall not
1902 exceed $400.
1903 (7)(8) The fee for application, examination, and licensure
1904 for a license by endorsement is shall be as provided in this
1905 section for licenses in general.
1906 Section 71. Subsection (1) of section 492.108, Florida
1907 Statutes, is amended to read:
1908 492.108 Licensure by endorsement; requirements; fees.—
1909 (1) The department shall issue a license by endorsement to
1910 any applicant who, upon applying to the department and remitting
1911 an application fee, has been certified by the board that he or
1912 she:
1913 (a) Has met the qualifications for licensure in s.
1914 492.105(1)(b)-(e) and:.
1915 1.(b) Is the holder of an active license in good standing
1916 in a state, trust, territory, or possession of the United
1917 States.
1918 2.(c) Was licensed through written examination in at least
1919 one state, trust, territory, or possession of the United States,
1920 the examination requirements of which have been approved by the
1921 board as substantially equivalent to or more stringent than
1922 those of this state, and has received a score on such
1923 examination which is equal to or greater than the score required
1924 by this state for licensure by examination.
1925 3.(d) Has taken and successfully passed the laws and rules
1926 portion of the examination required for licensure as a
1927 professional geologist in this state.
1928 (b) Has held a valid license to practice geology in another
1929 state, trust, territory, or possession of the United States for
1930 at least 10 years before the date of application and has
1931 successfully completed a state, regional, national, or other
1932 examination that is equivalent to or more stringent than the
1933 examination required by the department. If such applicant has
1934 met the requirements for a license by endorsement except
1935 successful completion of an examination that is equivalent to or
1936 more stringent than the examination required by the board, such
1937 applicant may take the examination required by the board. Such
1938 application must be submitted to the board while the applicant
1939 holds a valid license in another state or territory or within 2
1940 years after the expiration of such license.
1941 Section 72. Section 492.111, Florida Statutes, is amended
1942 to read:
1943 492.111 Practice of professional geology by a firm,
1944 corporation, or partnership; certificate of authorization.—The
1945 practice of, or offer to practice, professional geology by
1946 individual professional geologists licensed under the provisions
1947 of this chapter through a firm, corporation, or partnership
1948 offering geological services to the public through individually
1949 licensed professional geologists as agents, employees, officers,
1950 or partners thereof is permitted subject to the provisions of
1951 this chapter, if provided that:
1952 (1) At all times that it offers geological services to the
1953 public, the firm, corporation, or partnership is qualified by
1954 has on file with the department the name and license number of
1955 one or more individuals who hold a current, active license as a
1956 professional geologist in the state and are serving as a
1957 geologist of record for the firm, corporation, or partnership. A
1958 geologist of record may be any principal officer or employee of
1959 such firm or corporation, or any partner or employee of such
1960 partnership, who holds a current, active license as a
1961 professional geologist in this state, or any other Florida
1962 licensed professional geologist with whom the firm, corporation,
1963 or partnership has entered into a long-term, ongoing
1964 relationship, as defined by rule of the board, to serve as one
1965 of its geologists of record. It shall be the responsibility of
1966 the firm, corporation, or partnership and The geologist of
1967 record shall to notify the department of any changes in the
1968 relationship or identity of that geologist of record within 30
1969 days after such change.
1970 (2) The firm, corporation, or partnership has been issued a
1971 certificate of authorization by the department as provided in
1972 this chapter. For purposes of this section, a certificate of
1973 authorization shall be required of any firm, corporation,
1974 partnership, association, or person practicing under a
1975 fictitious name and offering geological services to the public;
1976 except that, when an individual is practicing professional
1977 geology in her or his own name, she or he shall not be required
1978 to obtain a certificate of authorization under this section.
1979 Such certificate of authorization shall be renewed every 2
1980 years.
1981 (2)(3) All final geological papers or documents involving
1982 the practice of the profession of geology which have been
1983 prepared or approved for the use of such firm, corporation, or
1984 partnership, for delivery to any person for public record with
1985 the state, shall be dated and bear the signature and seal of the
1986 professional geologist or professional geologists who prepared
1987 or approved them.
1988 (3)(4) Except as provided in s. 558.0035, the fact that a
1989 licensed professional geologist practices through a corporation
1990 or partnership does not relieve the registrant from personal
1991 liability for negligence, misconduct, or wrongful acts committed
1992 by her or him. The partnership and all partners are jointly and
1993 severally liable for the negligence, misconduct, or wrongful
1994 acts committed by their agents, employees, or partners while
1995 acting in a professional capacity. Any officer, agent, or
1996 employee of a corporation is personally liable and accountable
1997 only for negligent acts, wrongful acts, or misconduct committed
1998 by her or him or committed by any person under her or his direct
1999 supervision and control, while rendering professional services
2000 on behalf of the corporation. The personal liability of a
2001 shareholder of a corporation, in her or his capacity as
2002 shareholder, may be no greater than that of a shareholder
2003 employee of a corporation incorporated under chapter 607. The
2004 corporation is liable up to the full value of its property for
2005 any negligent acts, wrongful acts, or misconduct committed by
2006 any of its officers, agents, or employees while they are engaged
2007 on behalf of the corporation in the rendering of professional
2008 services.
2009 (5) The firm, corporation, or partnership desiring a
2010 certificate of authorization shall file with the department an
2011 application therefor, upon a form to be prescribed by the
2012 department, accompanied by the required application fee.
2013 (6) The department may refuse to issue a certificate of
2014 authorization if any facts exist which would entitle the
2015 department to suspend or revoke an existing certificate of
2016 authorization or if the department, after giving persons
2017 involved a full and fair hearing, determines that any of the
2018 officers or directors of said firm or corporation, or partners
2019 of said partnership, have violated the provisions of s. 492.113.
2020 Section 73. Subsection (4) of section 492.113, Florida
2021 Statutes, is amended to read:
2022 492.113 Disciplinary proceedings.—
2023 (4) The department shall reissue the license of a
2024 disciplined professional geologist or business upon
2025 certification by the board that the disciplined person has
2026 complied with all of the terms and conditions set forth in the
2027 final order.
2028 Section 74. Section 492.115, Florida Statutes, is amended
2029 to read:
2030 492.115 Roster of licensed professional geologists.—A
2031 roster showing the names and places of business or residence of
2032 all licensed professional geologists and all properly qualified
2033 firms, corporations, or partnerships practicing holding
2034 certificates of authorization to practice professional geology
2035 in the state shall be prepared annually by the department. A
2036 copy of this roster must be made available to shall be
2037 obtainable by each licensed professional geologist and each
2038 firm, corporation, or partnership qualified by a professional
2039 geologist holding a certificate of authorization, and copies
2040 thereof shall be placed on file with the department.
2041 Section 75. Section 509.102, Florida Statutes, is created
2042 to read:
2043 509.102 Mobile food dispensing vehicles; preemption.—
2044 (1) As used in this section, the term “mobile food
2045 dispensing vehicle” means any vehicle that is a public food
2046 service establishment and that is self-propelled or otherwise
2047 movable from place to place and includes self-contained
2048 utilities, including, but not limited to, gas, water,
2049 electricity, or liquid waste disposal.
2050 (2) Regulation of mobile food dispensing vehicles involving
2051 licenses, registrations, permits, and fees is preempted to the
2052 state. A municipality, county, or other local governmental
2053 entity may not require a separate license, registration, or
2054 permit other than the license required under s. 509.241, or
2055 require the payment of any license, registration, or permit fee
2056 other than the fee required under s. 509.251, as a condition for
2057 the operation of a mobile food dispensing vehicle within the
2058 entity’s jurisdiction. A municipality, county, or other local
2059 governmental entity may not prohibit mobile food dispensing
2060 vehicles from operating within the entirety of the entity’s
2061 jurisdiction.
2062 (3) This section may not be construed to affect a
2063 municipality, county, or other local governmental entity’s
2064 authority to regulate the operation of mobile food dispensing
2065 vehicles other than the regulations described in subsection (2).
2066 (4) This section does not apply to any port authority,
2067 aviation authority, airport, or seaport.
2068 Section 76. Paragraph (i) of subsection (2) of section
2069 548.003, Florida Statutes, is amended to read:
2070 548.003 Florida State Boxing Commission.—
2071 (2) The Florida State Boxing Commission, as created by
2072 subsection (1), shall administer the provisions of this chapter.
2073 The commission has authority to adopt rules pursuant to ss.
2074 120.536(1) and 120.54 to implement the provisions of this
2075 chapter and to implement each of the duties and responsibilities
2076 conferred upon the commission, including, but not limited to:
2077 (i) Designation and duties of a knockdown timekeeper.
2078 Section 77. Subsection (1) of section 548.017, Florida
2079 Statutes, is amended to read:
2080 548.017 Participants, managers, and other persons required
2081 to have licenses.—
2082 (1) A participant, manager, trainer, second, timekeeper,
2083 referee, judge, announcer, physician, matchmaker, or promoter
2084 must be licensed before directly or indirectly acting in such
2085 capacity in connection with any match involving a participant. A
2086 physician approved by the commission must be licensed pursuant
2087 to chapter 458 or chapter 459, must maintain an unencumbered
2088 license in good standing, and must demonstrate satisfactory
2089 medical training or experience in boxing, or a combination of
2090 both, to the executive director before working as the ringside
2091 physician.
2092 Section 78. Paragraph (d) of subsection (1) of section
2093 553.5141, Florida Statutes, is amended to read:
2094 553.5141 Certifications of conformity and remediation
2095 plans.—
2096 (1) For purposes of this section:
2097 (d) “Qualified expert” means:
2098 1. An engineer licensed pursuant to chapter 471.
2099 2. A certified general contractor licensed pursuant to
2100 chapter 489.
2101 3. A certified building contractor licensed pursuant to
2102 chapter 489.
2103 4. A building code administrator licensed pursuant to
2104 chapter 468.
2105 5. A building inspector licensed pursuant to chapter 468.
2106 6. A plans examiner licensed pursuant to chapter 468.
2107 7. An interior designer registered licensed pursuant to
2108 chapter 481.
2109 8. An architect licensed pursuant to chapter 481.
2110 9. A landscape architect licensed pursuant to chapter 481.
2111 10. Any person who has prepared a remediation plan related
2112 to a claim under Title III of the Americans with Disabilities
2113 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
2114 court in a settlement agreement or court proceeding, or who has
2115 been qualified as an expert in Title III of the Americans with
2116 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
2117 Section 79. Effective January 1, 2021, subsection (1) of
2118 section 553.74, Florida Statutes, is amended to read:
2119 553.74 Florida Building Commission.—
2120 (1) The Florida Building Commission is created and located
2121 within the Department of Business and Professional Regulation
2122 for administrative purposes. Members are appointed by the
2123 Governor subject to confirmation by the Senate. The commission
2124 is composed of 19 27 members, consisting of the following
2125 members:
2126 (a) One architect licensed pursuant to chapter 481 with at
2127 least 5 years of experience in the design and construction of
2128 buildings designated for Group E or Group I occupancies by the
2129 Florida Building Code registered to practice in this state and
2130 actively engaged in the profession. The American Institute of
2131 Architects, Florida Section, is encouraged to recommend a list
2132 of candidates for consideration.
2133 (b) One structural engineer registered to practice in this
2134 state and actively engaged in the profession. The Florida
2135 Engineering Society is encouraged to recommend a list of
2136 candidates for consideration.
2137 (c) One air-conditioning contractor, or mechanical
2138 contractor, or mechanical engineer certified to do business in
2139 this state and actively engaged in the profession. The Florida
2140 Air Conditioning Contractors Association, the Florida
2141 Refrigeration and Air Conditioning Contractors Association, and
2142 the Mechanical Contractors Association of Florida, and the
2143 Florida Engineering Society are encouraged to recommend a list
2144 of candidates for consideration.
2145 (d) One electrical contractor or electrical engineer
2146 certified to do business in this state and actively engaged in
2147 the profession. The Florida Association of Electrical
2148 Contractors, and the National Electrical Contractors
2149 Association, Florida Chapter, and the Florida Engineering
2150 Society are encouraged to recommend a list of candidates for
2151 consideration.
2152 (e) One member from fire protection engineering or
2153 technology who is actively engaged in the profession. The
2154 Florida Chapter of the Society of Fire Protection Engineers and
2155 the Florida Fire Marshals and Inspectors Association are
2156 encouraged to recommend a list of candidates for consideration.
2157 (e)(f) One certified general contractor or one certified
2158 building contractor certified to do business in this state and
2159 actively engaged in the profession. The Associated Builders and
2160 Contractors of Florida, the Florida Associated General
2161 Contractors Council, the Florida Home Builders Association, and
2162 the Union Contractors Association are encouraged to recommend a
2163 list of candidates for consideration.
2164 (f)(g) One plumbing contractor licensed to do business in
2165 this state and actively engaged in the profession. The Florida
2166 Association of Plumbing, Heating, and Cooling Contractors is
2167 encouraged to recommend a list of candidates for consideration.
2168 (g)(h) One roofing or sheet metal contractor certified to
2169 do business in this state and actively engaged in the
2170 profession. The Florida Roofing, Sheet Metal, and Air
2171 Conditioning Contractors Association and the Sheet Metal and Air
2172 Conditioning Contractors’ National Association are encouraged to
2173 recommend a list of candidates for consideration.
2174 (h)(i) One certified residential contractor licensed to do
2175 business in this state and actively engaged in the profession.
2176 The Florida Home Builders Association is encouraged to recommend
2177 a list of candidates for consideration.
2178 (i)(j) Three members who are municipal, county, or district
2179 codes enforcement officials, one of whom is also a fire
2180 official. The Building Officials Association of Florida and the
2181 Florida Fire Marshals and Inspectors Association are encouraged
2182 to recommend a list of candidates for consideration.
2183 (k) One member who represents the Department of Financial
2184 Services.
2185 (l) One member who is a county codes enforcement official.
2186 The Building Officials Association of Florida is encouraged to
2187 recommend a list of candidates for consideration.
2188 (j)(m) One member of a Florida-based organization of
2189 persons with disabilities or a nationally chartered organization
2190 of persons with disabilities with chapters in this state which
2191 complies with or is certified to be compliant with the
2192 requirements of the Americans with Disabilities Act of 1990, as
2193 amended.
2194 (k)(n) One member of the manufactured buildings industry
2195 who is licensed to do business in this state and is actively
2196 engaged in the industry. The Florida Manufactured Housing
2197 Association is encouraged to recommend a list of candidates for
2198 consideration.
2199 (o) One mechanical or electrical engineer registered to
2200 practice in this state and actively engaged in the profession.
2201 The Florida Engineering Society is encouraged to recommend a
2202 list of candidates for consideration.
2203 (p) One member who is a representative of a municipality or
2204 a charter county. The Florida League of Cities and the Florida
2205 Association of Counties are encouraged to recommend a list of
2206 candidates for consideration.
2207 (l)(q) One member of the building products manufacturing
2208 industry who is authorized to do business in this state and is
2209 actively engaged in the industry. The Florida Building Material
2210 Association, the Florida Concrete and Products Association, and
2211 the Fenestration Manufacturers Association are encouraged to
2212 recommend a list of candidates for consideration.
2213 (m)(r) One member who is a representative of the building
2214 owners and managers industry who is actively engaged in
2215 commercial building ownership or management. The Building Owners
2216 and Managers Association is encouraged to recommend a list of
2217 candidates for consideration.
2218 (n)(s) One member who is a representative of the insurance
2219 industry. The Florida Insurance Council is encouraged to
2220 recommend a list of candidates for consideration.
2221 (t) One member who is a representative of public education.
2222 (o)(u) One member who is a swimming pool contractor
2223 licensed to do business in this state and actively engaged in
2224 the profession. The Florida Swimming Pool Association and the
2225 United Pool and Spa Association are encouraged to recommend a
2226 list of candidates for consideration.
2227 (p) The Chief Resilience Officer or his or her designee.
2228 (q)(v) One member who is a representative of the green
2229 building industry and who is a third-party commission agent, a
2230 Florida board member of the United States Green Building Council
2231 or Green Building Initiative, a professional who is accredited
2232 under the International Green Construction Code (IGCC), or a
2233 professional who is accredited under Leadership in Energy and
2234 Environmental Design (LEED).
2235 (w) One member who is a representative of a natural gas
2236 distribution system and who is actively engaged in the
2237 distribution of natural gas in this state. The Florida Natural
2238 Gas Association is encouraged to recommend a list of candidates
2239 for consideration.
2240 (x) One member who is a representative of the Department of
2241 Agriculture and Consumer Services’ Office of Energy. The
2242 Commissioner of Agriculture is encouraged to recommend a list of
2243 candidates for consideration.
2244 (y) One member who shall be the chair.
2245 Section 80. Subsections (5) and (6) are added to section
2246 823.15, Florida Statutes, to read:
2247 823.15 Dogs and cats released from animal shelters or
2248 animal control agencies; sterilization requirement.—
2249 (5) Employees, agents, or contractors of a public or
2250 private animal shelter, a humane organization, or an animal
2251 control agency operated by a humane organization or by a county,
2252 municipality, or other incorporated political subdivision may
2253 implant dogs and cats with radio frequency identification
2254 microchips as part of their work with such public or private
2255 animal shelter, humane organization, or animal control agency.
2256 (6) Notwithstanding s. 474.2165, employees, agents, or
2257 contractors of a public or private animal shelter, a humane
2258 organization, or an animal control agency operated by a humane
2259 organization or by a county, municipality, or other incorporated
2260 political subdivision may contact the owner of record listed on
2261 a radio frequency identification microchip to verify pet
2262 ownership.
2263 Section 81. Paragraphs (h) and (k) of subsection (2) of
2264 section 287.055, Florida Statutes, are amended to read:
2265 287.055 Acquisition of professional architectural,
2266 engineering, landscape architectural, or surveying and mapping
2267 services; definitions; procedures; contingent fees prohibited;
2268 penalties.—
2269 (2) DEFINITIONS.—For purposes of this section:
2270 (h) A “design-build firm” means a partnership, corporation,
2271 or other legal entity that:
2272 1. Is certified under s. 489.119 to engage in contracting
2273 through a certified or registered general contractor or a
2274 certified or registered building contractor as the qualifying
2275 agent; or
2276 2. Is qualified certified under s. 471.023 to practice or
2277 to offer to practice engineering; qualified certified under s.
2278 481.219 to practice or to offer to practice architecture; or
2279 qualified certified under s. 481.319 to practice or to offer to
2280 practice landscape architecture.
2281 (k) A “design criteria professional” means a firm that is
2282 qualified who holds a current certificate of registration under
2283 chapter 481 to practice architecture or landscape architecture
2284 or a firm who holds a current certificate as a registered
2285 engineer under chapter 471 to practice engineering and who is
2286 employed by or under contract to the agency for the providing of
2287 professional architect services, landscape architect services,
2288 or engineering services in connection with the preparation of
2289 the design criteria package.
2290 Section 82. Subsection (7) of section 558.002, Florida
2291 Statutes, is amended to read:
2292 558.002 Definitions.—As used in this chapter, the term:
2293 (7) “Design professional” means a person, as defined in s.
2294 1.01, who is licensed in this state as an architect, interior
2295 designer, a landscape architect, an engineer, a surveyor, or a
2296 geologist or who is a registered interior designer, as defined
2297 in s. 481.203.
2298 Section 83. Subsection (4) of section 725.08, Florida
2299 Statutes, is amended to read:
2300 725.08 Design professional contracts; limitation in
2301 indemnification.—
2302 (4) “Design professional” means an individual or entity
2303 licensed by the state who holds a current certificate of
2304 registration or is qualified under chapter 481 to practice
2305 architecture or landscape architecture, under chapter 472 to
2306 practice land surveying and mapping, or under chapter 471 to
2307 practice engineering, and who enters into a professional
2308 services contract.
2309
2310 ================= T I T L E A M E N D M E N T ================
2311 And the title is amended as follows:
2312 Delete lines 4 - 227
2313 and insert:
2314 322.57, F.S.; defining the term “servicemember”;
2315 requiring the Department of Highway Safety and Motor
2316 Vehicles to waive the requirement to pass the
2317 Commercial Driver License Skills Tests for certain
2318 servicemembers and veterans; requiring an applicant
2319 who receives such waiver to complete certain
2320 requirements within a specified time; requiring the
2321 department to adopt rules; amending s. 326.004, F.S.;
2322 deleting the requirement that a yacht broker maintain
2323 a separate license for each branch office; deleting
2324 the requirement that the Division of Florida
2325 Condominiums, Timeshares, and Mobile Homes establish a
2326 fee; amending s. 447.02, F.S.; conforming provisions
2327 to changes made by the act; repealing s. 447.04, F.S.,
2328 relating to licensure and permit requirements for
2329 business agents; repealing s. 447.041, F.S., relating
2330 to hearings for persons or labor organizations denied
2331 licensure as a business agent; repealing s. 447.045,
2332 F.S., relating to confidential information obtained
2333 during the application process; repealing s. 447.06,
2334 F.S., relating to required registration of labor
2335 organizations; amending s. 447.09, F.S.; deleting
2336 certain prohibited actions relating to the right of
2337 franchise of a member of a labor organization;
2338 repealing s. 447.12, F.S., relating to registration
2339 fees; repealing s. 447.16, F.S., relating to
2340 applicability; amending s. 447.305, F.S.; deleting a
2341 provision that requires notification of registrations
2342 and renewals to the Department of Business and
2343 Professional Regulation; amending s. 455.213, F.S.;
2344 requiring the department or a board to enter into
2345 reciprocal licensing agreements with other states
2346 under certain circumstances; providing requirements;
2347 creating s. 455.2278, F.S.; defining terms;
2348 prohibiting the department or a board from suspending
2349 or revoking a person’s license solely on the basis of
2350 a delinquency or default in the payment of his or her
2351 student loan; prohibiting the department or a board
2352 from suspending or revoking a person’s license solely
2353 on the basis of a default in satisfying the
2354 requirements of his or her work-conditional
2355 scholarship; amending s. 456.072, F.S.; specifying
2356 that the failure to repay certain student loans is not
2357 considered a failure to perform a statutory or legal
2358 obligation for which certain disciplinary action can
2359 be taken; conforming provisions to changes made by the
2360 act; repealing s. 456.0721, F.S., relating to health
2361 care practitioners who are in default on student loan
2362 or scholarship obligations; amending s. 456.074, F.S.;
2363 deleting a provision relating to the suspension of a
2364 license issued by the Department of Health for
2365 defaulting on certain student loans; amending s.
2366 468.505, F.S.; providing that certain unlicensed
2367 persons are not prohibited or restricted from their
2368 practice, services, or activities in dietetics and
2369 nutrition under certain circumstances; amending s.
2370 468.603, F.S.; revising which inspectors are included
2371 in the definition of the term “categories of building
2372 code inspectors”; amending s. 468.609, F.S.; revising
2373 certain experience requirements for a person to take
2374 the examination for certification; revising the time
2375 period a provisional certificate is valid; amending s.
2376 468.613, F.S.; providing for waiver of specified
2377 requirements for certification under certain
2378 circumstances; amending s. 468.8314, F.S.; requiring
2379 an applicant for a license by endorsement to maintain
2380 a specified insurance policy; requiring the department
2381 to certify an applicant who holds a specified license
2382 issued by another state or territory of the United
2383 States under certain circumstances; amending s.
2384 471.015, F.S.; revising licensure requirements for
2385 engineers who hold specified licenses in another
2386 state; amending s. 473.308, F.S.; deleting continuing
2387 education requirements for license by endorsement for
2388 certified public accountants; amending s. 474.202,
2389 F.S.; revising the definition of the term “limited
2390 service veterinary medical practice” to include
2391 certain procedures; amending s. 474.203, F.S.;
2392 providing an exemption for certain persons whose work
2393 is solely confined to microchip implantation in dogs
2394 and cats; amending s. 474.207, F.S.; revising
2395 education requirements for licensure by examination;
2396 amending s. 474.217, F.S.; requiring the department to
2397 issue a license by endorsement to certain applicants
2398 who successfully complete a specified examination;
2399 amending s. 476.114, F.S.; revising training
2400 requirements for licensure as a barber; amending s.
2401 476.144, F.S.; requiring the department to certify as
2402 qualified for licensure by endorsement an applicant
2403 who is licensed to practice barbering in another
2404 state; amending s. 477.013, F.S.; revising the
2405 definition of the term “hair braiding”; repealing s.
2406 477.0132, F.S., relating to registration for hair
2407 braiding, hair wrapping, and body wrapping; amending
2408 s. 477.0135, F.S.; providing additional exemptions
2409 from license or registration requirements for
2410 specified occupations or practices; amending s.
2411 477.019, F.S.; deleting a provision prohibiting the
2412 Board of Cosmetology from asking for proof of certain
2413 educational hours under certain circumstances;
2414 conforming provisions to changes made by the act;
2415 amending s. 477.0201, F.S.; providing requirements for
2416 registration as a specialist; amending s. 477.026,
2417 F.S.; conforming provisions to changes made by the
2418 act; amending s. 477.0263, F.S.; providing that
2419 certain cosmetology services may be performed in a
2420 location other than a licensed salon under certain
2421 circumstances; amending ss. 477.0265 and 477.029,
2422 F.S.; conforming provisions to changes made by the
2423 act; amending s. 481.201, F.S.; deleting legislative
2424 findings relating to the practice of interior design;
2425 amending s. 481.203, F.S.; revising and deleting
2426 definitions; amending s. 481.205, F.S.; conforming
2427 provisions to changes made by the act; amending s.
2428 481.207, F.S.; revising certain fees for interior
2429 designers; conforming provisions to changes made by
2430 the act; amending s. 481.209, F.S.; providing
2431 requirements for a certificate of registration and a
2432 seal for interior designers; specifying that certain
2433 persons who are already licensed as interior designers
2434 are eligible to obtain a certificate of registration;
2435 conforming provisions to changes made by the act;
2436 amending s. 481.213, F.S.; revising requirements for
2437 certification of licensure by endorsement for a
2438 certain licensee to engage in the practice of
2439 architecture; providing that a certificate of
2440 registration is not required for specified persons to
2441 practice; conforming provisions to changes made by the
2442 act; amending s. 481.2131, F.S.; revising who may
2443 perform interior design; requiring certain interior
2444 designers to include a specified seal when submitting
2445 documents for the issuance of a building permit under
2446 certain circumstances; amending s. 481.215, F.S.;
2447 conforming provisions to changes made by the act;
2448 revising the number of hours of specified courses the
2449 board must require for the renewal of a license or
2450 certificate of registration; authorizing licensees to
2451 complete certain courses online; amending s. 481.217,
2452 F.S.; conforming provisions to changes made by the
2453 act; amending s. 481.219, F.S.; deleting provisions
2454 permitting the practice of or offer to practice
2455 interior design through certain business
2456 organizations; deleting provisions requiring
2457 certificates of authorization for certain business
2458 organizations offering interior design services to the
2459 public; requiring a licensee or applicant in the
2460 practice of architecture to qualify as a business
2461 organization; providing requirements; amending s.
2462 481.221, F.S.; conforming provisions to changes made
2463 by the act; requiring registered architects and
2464 certain business organizations to display certain
2465 license numbers in specified advertisements; amending
2466 s. 481.223, F.S.; providing construction; conforming
2467 provisions to changes made by the act; amending s.
2468 481.2251, F.S.; revising the acts that constitute
2469 grounds for disciplinary actions relating to interior
2470 designers; conforming provisions to changes made by
2471 the act; amending ss. 481.229 and 481.231, F.S.;
2472 conforming provisions to changes made by the act;
2473 amending s. 481.303, F.S.; deleting the definition of
2474 the term “certificate of authorization”; amending s.
2475 481.310, F.S.; providing that an applicant who holds
2476 certain degrees is not required to demonstrate 1 year
2477 of practical experience for licensure; amending s.
2478 481.311, F.S.; revising requirements for certification
2479 of licensure by endorsement for a certain applicant to
2480 engage in the practice of landscape architecture;
2481 amending s. 481.313, F.S.; authorizing a landscape
2482 architect to receive hour-for-hour credit for certain
2483 approved continuing education courses under certain
2484 circumstances; amending s. 481.317, F.S.; conforming
2485 provisions to changes made by the act; amending s.
2486 481.319, F.S.; deleting the requirement for a
2487 certificate of authorization; authorizing landscape
2488 architects to practice in the name of a corporation or
2489 partnership; amending s. 481.321, F.S.; requiring a
2490 landscape architect to display a certain certificate
2491 number in specified advertisements; amending s.
2492 481.329, F.S.; conforming a cross-reference; amending
2493 s. 489.103, F.S.; revising certain contract prices for
2494 exemption; amending s. 489.111, F.S.; revising
2495 provisions relating to eligibility for licensure;
2496 amending s. 489.113, F.S.; providing that applicants
2497 who meet certain requirements are not required to pass
2498 a specified examination; amending s. 489.115, F.S.;
2499 requiring the Construction Industry Licensing Board to
2500 certify any applicant who holds a specified license to
2501 practice contracting issued by another state or
2502 territory of the United States under certain
2503 circumstances; requiring certain applicants to
2504 complete certain training; amending s. 489.511, F.S.;
2505 requiring the board to certify as qualified for
2506 certification by endorsement any applicant who holds a
2507 specified license to practice electrical or alarm
2508 system contracting issued by another state or
2509 territory of the United States under certain
2510 circumstances; requiring certain applicants to
2511 complete certain training; amending s. 489.517, F.S.;
2512 providing a reduction in certain continuing education
2513 hours required for certain contractors; amending s.
2514 489.518, F.S.; requiring a person to have completed a
2515 specified amount of training within a certain time
2516 period to perform the duties of an alarm system agent;
2517 amending s. 492.104, F.S.; conforming provisions to
2518 changes made by the act; amending 492.108, F.S.;
2519 requiring the department to issue a license by
2520 endorsement to any applicant who has held a specified
2521 license to practice geology in another state, trust,
2522 territory, or possession of the United States for a
2523 certain period of time; providing that an applicant
2524 may take the examination required by the board if they
2525 have not met the specified examination requirement;
2526 amending s. 492.111, F.S.; deleting the requirements
2527 for a certificate of authorization for a professional
2528 geologist; amending ss. 492.113 and 492.115, F.S.;
2529 conforming provisions to changes made by the act;
2530 creating s. 509.102, F.S.; defining the term “mobile
2531 food dispensing vehicle”; preempting certain
2532 regulation of mobile food dispensing vehicles to the
2533 state; prohibiting certain entities from prohibiting
2534 mobile food dispensing vehicles from operating within
2535 the entirety of such entities’ jurisdictions;
2536 providing construction and applicability; amending s.
2537 548.003, F.S.; deleting the requirement that the
2538 Florida State Boxing Commission adopt rules relating
2539 to a knockdown timekeeper; amending s. 548.017, F.S.;
2540 deleting the licensure requirement for a timekeeper or
2541 an announcer; amending s. 553.5141, F.S.; conforming
2542 provisions to changes made by the act; amending s.
2543 553.74, F.S.; revising the membership and
2544 qualifications of the Florida Building Commission;
2545 amending s. 823.15, F.S.; authorizing certain persons
2546 to implant dogs and cats with specified microchips
2547 under certain circumstances; authorizing certain
2548 persons to contact the owner of record listed on radio
2549 frequency identification microchips under certain
2550 circumstances; amending ss. 287.055, 558.002, and
2551 725.08, F.S.; conforming provisions to changes made by
2552 the act; providing