Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/HB 1193, 2nd Eng.
Ì828936PÎ828936
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 1/RE/2R .
03/12/2020 05:26 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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 the California Council for Interior Design
829 Certification or its successor entity or has successfully passed
830 an equivalent exam as determined by the department. Any person
831 who is licensed as an interior designer by the department and
832 who was in good standing as of July 1, 2020, is eligible to
833 obtain a certificate of registration as a registered interior
834 designer A person desiring to be licensed as a registered
835 interior designer shall apply to the department for licensure.
836 The department shall administer the licensure examination for
837 interior designers to each applicant who has completed the
838 application form and remitted the application and examination
839 fees specified in s. 481.207 and who the board certifies:
840 (a) Is a graduate from an interior design program of 5
841 years or more and has completed 1 year of diversified interior
842 design experience;
843 (b) Is a graduate from an interior design program of 4
844 years or more and has completed 2 years of diversified interior
845 design experience;
846 (c) Has completed at least 3 years in an interior design
847 curriculum and has completed 3 years of diversified interior
848 design experience; or
849 (d) Is a graduate from an interior design program of at
850 least 2 years and has completed 4 years of diversified interior
851 design experience.
852
853 Subsequent to October 1, 2000, for the purpose of having the
854 educational qualification required under this subsection
855 accepted by the board, the applicant must complete his or her
856 education at a program, school, or college of interior design
857 whose curriculum has been approved by the board as of the time
858 of completion. Subsequent to October 1, 2003, all of the
859 required amount of educational credits shall have been obtained
860 in a program, school, or college of interior design whose
861 curriculum has been approved by the board, as of the time each
862 educational credit is gained. The board shall adopt rules
863 providing for the review and approval of programs, schools, and
864 colleges of interior design and courses of interior design study
865 based on a review and inspection by the board of the curriculum
866 of programs, schools, and colleges of interior design in the
867 United States, including those programs, schools, and colleges
868 accredited by the Foundation for Interior Design Education
869 Research. The board shall adopt rules providing for the review
870 and approval of diversified interior design experience required
871 by this subsection.
872 Section 45. Section 481.213, Florida Statutes, is amended
873 to read:
874 481.213 Licensure and registration.—
875 (1) The department shall license or register any applicant
876 who the board certifies is qualified for licensure or
877 registration and who has paid the initial licensure or
878 registration fee. Licensure as an architect under this section
879 shall be deemed to include all the rights and privileges of
880 registration licensure as an interior designer under this
881 section.
882 (2) The board shall certify for licensure or registration
883 by examination any applicant who passes the prescribed licensure
884 or registration examination and satisfies the requirements of
885 ss. 481.209 and 481.211, for architects, or the requirements of
886 s. 481.209, for interior designers.
887 (3) The board shall certify as qualified for a license by
888 endorsement as an architect or registration as a registered an
889 interior designer an applicant who:
890 (a) Qualifies to take the prescribed licensure or
891 registration examination, and has passed the prescribed
892 licensure or registration examination or a substantially
893 equivalent examination in another jurisdiction, as set forth in
894 s. 481.209 for architects or registered interior designers, as
895 applicable, and has satisfied the internship requirements set
896 forth in s. 481.211 for architects;
897 (b) Holds a valid license to practice architecture or a
898 license, registration, or certification to practice interior
899 design issued by another jurisdiction of the United States, if
900 the criteria for issuance of such license were substantially
901 equivalent to the licensure criteria that existed in this state
902 at the time the license was issued; provided, however, that an
903 applicant who has been licensed for use of the title “interior
904 design” rather than licensed to practice interior design shall
905 not qualify hereunder; or
906 (c) Has passed the prescribed licensure examination and
907 holds a valid certificate issued by the National Council of
908 Architectural Registration Boards, and holds a valid license to
909 practice architecture issued by another state or jurisdiction of
910 the United States.
911
912 An architect who is licensed in another state who seeks
913 qualification for license by endorsement under this subsection
914 must complete a 2-hour class approved by the board on wind
915 mitigation techniques.
916 (4) The board may refuse to certify any applicant who has
917 violated any of the provisions of s. 481.223, s. 481.225, or s.
918 481.2251, as applicable.
919 (5) The board may refuse to certify any applicant who is
920 under investigation in any jurisdiction for any act which would
921 constitute a violation of this part or of chapter 455 until such
922 time as the investigation is complete and disciplinary
923 proceedings have been terminated.
924 (6) The board shall adopt rules to implement the provisions
925 of this part relating to the examination, internship, and
926 licensure of applicants.
927 (7) For persons whose licensure requires satisfaction of
928 the requirements of ss. 481.209 and 481.211, the board shall, by
929 rule, establish qualifications for certification of such persons
930 as special inspectors of threshold buildings, as defined in ss.
931 553.71 and 553.79, and shall compile a list of persons who are
932 certified. A special inspector is not required to meet standards
933 for certification other than those established by the board, and
934 the fee owner of a threshold building may not be prohibited from
935 selecting any person certified by the board to be a special
936 inspector. The board shall develop minimum qualifications for
937 the qualified representative of the special inspector who is
938 authorized under s. 553.79 to perform inspections of threshold
939 buildings on behalf of the special inspector.
940 (8) A certificate of registration is not required for a
941 person whose occupation or practice is confined to interior
942 decorator services or for a person whose occupation or practice
943 is confined to interior design as provided in this part.
944 Section 46. Subsection (1) of section 481.2131, Florida
945 Statutes, is amended to read:
946 481.2131 Interior design; practice requirements; disclosure
947 of compensation for professional services.—
948 (1) An A registered interior designer may is authorized to
949 perform “interior design” as defined in s. 481.203. Interior
950 design documents prepared by a registered interior designer
951 shall contain a statement that the document is not an
952 architectural or engineering study, drawing, specification, or
953 design and is not to be used for construction of any load
954 bearing columns, load-bearing framing or walls of structures, or
955 issuance of any building permit, except as otherwise provided by
956 law. Interior design documents that are prepared and sealed by a
957 registered interior designer must may, if required by a
958 permitting body, be accepted by the permitting body be submitted
959 for the issuance of a building permit for interior construction
960 excluding design of any structural, mechanical, plumbing,
961 heating, air-conditioning, ventilating, electrical, or vertical
962 transportation systems or that materially affect lifesafety
963 systems pertaining to firesafety protection such as fire-rated
964 separations between interior spaces, fire-rated vertical shafts
965 in multistory structures, fire-rated protection of structural
966 elements, smoke evacuation and compartmentalization, emergency
967 ingress or egress systems, and emergency alarm systems. If a
968 permitting body requires sealed interior design documents for
969 the issuance of a permit, an individual performing interior
970 design services who is not a licensed architect must include a
971 seal issued by the department and in conformance with the
972 requirements of s. 481.221.
973 Section 47. Section 481.215, Florida Statutes, is amended
974 to read:
975 481.215 Renewal of license or certificate of registration.—
976 (1) Subject to the requirement of subsection (3), the
977 department shall renew a license or certificate of registration
978 upon receipt of the renewal application and renewal fee.
979 (2) The department shall adopt rules establishing a
980 procedure for the biennial renewal of licenses and certificates
981 of registration.
982 (3) A No license or certificate of registration renewal may
983 not shall be issued to an architect or a registered an interior
984 designer by the department until the licensee or registrant
985 submits proof satisfactory to the department that, during the 2
986 years before prior to application for renewal, the licensee or
987 registrant participated per biennium in not less than 20 hours
988 of at least 50 minutes each per biennium of continuing education
989 approved by the board. The board shall approve only continuing
990 education that builds upon the basic knowledge of architecture
991 or interior design. The board may make exception from the
992 requirements of continuing education in emergency or hardship
993 cases.
994 (4) The board shall by rule establish criteria for the
995 approval of continuing education courses and providers and shall
996 by rule establish criteria for accepting alternative
997 nonclassroom continuing education on an hour-for-hour basis.
998 (5) For a license or certificate of registration, the board
999 shall require, by rule adopted pursuant to ss. 120.536(1) and
1000 120.54, 2 a specified number of hours in specialized or advanced
1001 courses, approved by the Florida Building Commission, on any
1002 portion of the Florida Building Code, adopted pursuant to part
1003 IV of chapter 553, relating to the licensee’s respective area of
1004 practice. Such hours count toward the continuing education hours
1005 required under subsection (3). A licensee may complete the
1006 courses required under this subsection online.
1007 Section 48. Section 481.217, Florida Statutes, is amended
1008 to read:
1009 481.217 Inactive status.—
1010 (1) The board may prescribe by rule continuing education
1011 requirements as a condition of reactivating a license. The rules
1012 may not require more than one renewal cycle of continuing
1013 education to reactivate a license or registration for a
1014 registered architect or registered interior designer. For
1015 interior design, the board may approve only continuing education
1016 that builds upon the basic knowledge of interior design.
1017 (2) The board shall adopt rules relating to application
1018 procedures for inactive status and for the reactivation of
1019 inactive licenses and registrations.
1020 Section 49. Section 481.219, Florida Statutes, is amended
1021 to read:
1022 481.219 Qualification of business organizations
1023 certification of partnerships, limited liability companies, and
1024 corporations.—
1025 (1) A licensee may The practice of or the offer to practice
1026 architecture or interior design by licensees through a qualified
1027 business organization that offers corporation, limited liability
1028 company, or partnership offering architectural or interior
1029 design services to the public, or by a corporation, limited
1030 liability company, or partnership offering architectural or
1031 interior design services to the public through licensees under
1032 this part as agents, employees, officers, or partners, is
1033 permitted, subject to the provisions of this section.
1034 (2) If a licensee or an applicant proposes to engage in the
1035 practice of architecture as a business organization, the
1036 licensee or applicant shall qualify the business organization
1037 upon approval of the board For the purposes of this section, a
1038 certificate of authorization shall be required for a
1039 corporation, limited liability company, partnership, or person
1040 practicing under a fictitious name, offering architectural
1041 services to the public jointly or separately. However, when an
1042 individual is practicing architecture in her or his own name,
1043 she or he shall not be required to be certified under this
1044 section. Certification under this subsection to offer
1045 architectural services shall include all the rights and
1046 privileges of certification under subsection (3) to offer
1047 interior design services.
1048 (3)(a) A business organization may not engage in the
1049 practice of architecture unless its qualifying agent is a
1050 registered architect under this part. A qualifying agent who
1051 terminates an affiliation with a qualified business organization
1052 shall immediately notify the department of such termination. If
1053 such qualifying agent is the only qualifying agent for that
1054 business organization, the business organization must be
1055 qualified by another qualifying agent within 60 days after the
1056 termination. Except as provided in paragraph (b), the business
1057 organization may not engage in the practice of architecture
1058 until it is qualified by another qualifying agent.
1059 (b) In the event a qualifying agent ceases employment with
1060 a qualified business organization, the executive director or the
1061 chair of the board may authorize another registered architect
1062 employed by the business organization to temporarily serve as
1063 its qualifying agent for a period of no more than 60 days. The
1064 business organization is not authorized to operate beyond such
1065 period under this chapter absent replacement of the qualifying
1066 agent who has ceased employment.
1067 (c) A qualifying agent shall notify the department in
1068 writing before engaging in the practice of architecture in her
1069 or his own name or in affiliation with a different business
1070 organization, and she or he or such business organization shall
1071 supply the same information to the department as required of
1072 applicants under this part.
1073 (3) For the purposes of this section, a certificate of
1074 authorization shall be required for a corporation, limited
1075 liability company, partnership, or person operating under a
1076 fictitious name, offering interior design services to the public
1077 jointly or separately. However, when an individual is practicing
1078 interior design in her or his own name, she or he shall not be
1079 required to be certified under this section.
1080 (4) All final construction documents and instruments of
1081 service which include drawings, specifications, plans, reports,
1082 or other papers or documents that involve involving the practice
1083 of architecture which are prepared or approved for the use of
1084 the business organization corporation, limited liability
1085 company, or partnership and filed for public record within the
1086 state must shall bear the signature and seal of the licensee who
1087 prepared or approved them and the date on which they were
1088 sealed.
1089 (5) All drawings, specifications, plans, reports, or other
1090 papers or documents prepared or approved for the use of the
1091 corporation, limited liability company, or partnership by an
1092 interior designer in her or his professional capacity and filed
1093 for public record within the state shall bear the signature and
1094 seal of the licensee who prepared or approved them and the date
1095 on which they were sealed.
1096 (6) The department shall issue a certificate of
1097 authorization to any applicant who the board certifies as
1098 qualified for a certificate of authorization and who has paid
1099 the fee set in s. 481.207.
1100 (7) The board shall allow a licensee or certify an
1101 applicant to qualify one or more business organizations as
1102 qualified for a certificate of authorization to offer
1103 architectural or interior design services, or to use a
1104 fictitious name to offer such services, if provided that:
1105 (a) one or more of the principal officers of the
1106 corporation or limited liability company, or one or more
1107 partners of the partnership, and all personnel of the
1108 corporation, limited liability company, or partnership who act
1109 in its behalf in this state as architects, are registered as
1110 provided by this part; or
1111 (b) One or more of the principal officers of the
1112 corporation or one or more partners of the partnership, and all
1113 personnel of the corporation, limited liability company, or
1114 partnership who act in its behalf in this state as interior
1115 designers, are registered as provided by this part.
1116 (8) The department shall adopt rules establishing a
1117 procedure for the biennial renewal of certificates of
1118 authorization.
1119 (9) The department shall renew a certificate of
1120 authorization upon receipt of the renewal application and
1121 biennial renewal fee.
1122 (6)(10) Each qualifying agent who qualifies a business
1123 organization, partnership, limited liability company, or and
1124 corporation certified under this section shall notify the
1125 department within 30 days after of any change in the information
1126 contained in the application upon which the qualification
1127 certification is based. Any registered architect or interior
1128 designer who qualifies the business organization shall ensure
1129 corporation, limited liability company, or partnership as
1130 provided in subsection (7) shall be responsible for ensuring
1131 responsible supervising control of projects of the business
1132 organization entity and shall notify the department of the upon
1133 termination of her or his employment with a business
1134 organization qualified partnership, limited liability company,
1135 or corporation certified under this section shall notify the
1136 department of the termination within 30 days after such
1137 termination.
1138 (7)(11) A business organization is not No corporation,
1139 limited liability company, or partnership shall be relieved of
1140 responsibility for the conduct or acts of its agents, employees,
1141 or officers by reason of its compliance with this section.
1142 However, except as provided in s. 558.0035, the architect who
1143 signs and seals the construction documents and instruments of
1144 service is shall be liable for the professional services
1145 performed, and the interior designer who signs and seals the
1146 interior design drawings, plans, or specifications shall be
1147 liable for the professional services performed.
1148 (12) Disciplinary action against a corporation, limited
1149 liability company, or partnership shall be administered in the
1150 same manner and on the same grounds as disciplinary action
1151 against a registered architect or interior designer,
1152 respectively.
1153 (8)(13) Nothing in This section may not shall be construed
1154 to mean that a certificate of registration to practice
1155 architecture must or interior design shall be held by a business
1156 organization corporation, limited liability company, or
1157 partnership. Nothing in This section does not prohibit a
1158 business organization from offering prohibits corporations,
1159 limited liability companies, and partnerships from joining
1160 together to offer architectural, engineering, interior design,
1161 surveying and mapping, and landscape architectural services, or
1162 any combination of such services, to the public if the business
1163 organization, provided that each corporation, limited liability
1164 company, or partnership otherwise meets the requirements of law.
1165 (14) Corporations, limited liability companies, or
1166 partnerships holding a valid certificate of authorization to
1167 practice architecture shall be permitted to use in their title
1168 the term “interior designer” or “registered interior designer.”
1169 Section 50. Subsections (5) and (10) of section 481.221,
1170 Florida Statutes, are amended to read:
1171 481.221 Seals; display of certificate number.—
1172 (5) No registered interior designer shall affix, or permit
1173 to be affixed, her or his seal or signature to any plan,
1174 specification, drawing, or other document which depicts work
1175 which she or he is not competent or registered licensed to
1176 perform.
1177 (10) Each registered architect must or interior designer,
1178 and each corporation, limited liability company, or partnership
1179 holding a certificate of authorization, shall include her or his
1180 license its certificate number in any newspaper, telephone
1181 directory, or other advertising medium used by the registered
1182 licensee. Each business organization must include the license
1183 number of the registered architect who serves as the qualifying
1184 agent for that business organization in any newspaper, telephone
1185 directory, or other advertising medium used by the business
1186 organization architect, interior designer, corporation, limited
1187 liability company, or partnership. A corporation, limited
1188 liability company, or partnership is not required to display the
1189 certificate number of individual registered architects or
1190 interior designers employed by or working within the
1191 corporation, limited liability company, or partnership.
1192 Section 51. Section 481.223, Florida Statutes, is amended
1193 to read:
1194 481.223 Prohibitions; penalties; injunctive relief.—
1195 (1) A person may not knowingly:
1196 (a) Practice architecture unless the person is an architect
1197 or a registered architect; however, a licensed architect who has
1198 been licensed by the board and who chooses to relinquish or not
1199 to renew his or her license may use the title “Architect,
1200 Retired” but may not otherwise render any architectural
1201 services.
1202 (b) Practice interior design unless the person is a
1203 registered interior designer unless otherwise exempted herein;
1204 however, an interior designer who has been licensed by the board
1205 and who chooses to relinquish or not to renew his or her license
1206 may use the title “Interior Designer, Retired” but may not
1207 otherwise render any interior design services.
1208 (b)(c) Use the name or title “architect,” or “registered
1209 architect,” or “interior designer” or “registered interior
1210 designer,” or words to that effect, when the person is not then
1211 the holder of a valid license or certificate of registration
1212 issued pursuant to this part. This paragraph does not restrict
1213 the use of the name or title “interior designer” or “interior
1214 design firm.”
1215 (c)(d) Present as his or her own the license of another.
1216 (d)(e) Give false or forged evidence to the board or a
1217 member thereof.
1218 (e)(f) Use or attempt to use an architect or interior
1219 designer license or interior design certificate of registration
1220 that has been suspended, revoked, or placed on inactive or
1221 delinquent status.
1222 (f)(g) Employ unlicensed persons to practice architecture
1223 or interior design.
1224 (g)(h) Conceal information relative to violations of this
1225 part.
1226 (2) Any person who violates any provision of subsection (1)
1227 commits a misdemeanor of the first degree, punishable as
1228 provided in s. 775.082 or s. 775.083.
1229 (3)(a) Notwithstanding chapter 455 or any other law to the
1230 contrary, an affected person may maintain an action for
1231 injunctive relief to restrain or prevent a person from violating
1232 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1233 prevailing party is entitled to actual costs and attorney’s
1234 fees.
1235 (b) For purposes of this subsection, the term “affected
1236 person” means a person directly affected by the actions of a
1237 person suspected of violating paragraph (1)(a) or, paragraph
1238 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1239 the department, any person who received services from the
1240 alleged violator, or any private association composed primarily
1241 of members of the profession the alleged violator is practicing
1242 or offering to practice or holding himself or herself out as
1243 qualified to practice.
1244 Section 52. Section 481.2251, Florida Statutes, is amended
1245 to read:
1246 481.2251 Disciplinary proceedings against registered
1247 interior designers.—
1248 (1) The following acts constitute grounds for which the
1249 disciplinary actions specified in subsection (2) may be taken:
1250 (a) Attempting to register obtain, obtaining, or renewing
1251 registration, by bribery, by fraudulent misrepresentation, or
1252 through an error of the board, a license to practice interior
1253 design;
1254 (b) Having an interior design license, certification, or
1255 registration a license to practice interior design revoked,
1256 suspended, or otherwise acted against, including the denial of
1257 licensure, registration, or certification by the licensing
1258 authority of another jurisdiction for any act which would
1259 constitute a violation of this part or of chapter 455;
1260 (c) Being convicted or found guilty, regardless of
1261 adjudication, of a crime in any jurisdiction which directly
1262 relates to the provision of interior design services or to the
1263 ability to provide interior design services. A plea of nolo
1264 contendere shall create a rebuttable presumption of guilt to the
1265 underlying criminal charges. However, the board shall allow the
1266 person being disciplined to present any evidence relevant to the
1267 underlying charges and the circumstances surrounding her or his
1268 plea;
1269 (d) False, deceptive, or misleading advertising;
1270 (e) Failing to report to the board any person who the
1271 licensee knows is in violation of this part or the rules of the
1272 board;
1273 (f) Aiding, assisting, procuring, or advising any
1274 unlicensed person to use the title “interior designer” contrary
1275 to this part or to a rule of the board;
1276 (g) Failing to perform any statutory or legal obligation
1277 placed upon a registered interior designer;
1278 (h) Making or filing a report which the registrant licensee
1279 knows to be false, intentionally or negligently failing to file
1280 a report or record required by state or federal law, or
1281 willfully impeding or obstructing such filing or inducing
1282 another person to do so. Such reports or records shall include
1283 only those which are signed in the capacity as a registered
1284 interior designer;
1285 (f)(i) Making deceptive, untrue, or fraudulent
1286 representations in the provision of interior design services;
1287 (g)(j) Accepting and performing professional
1288 responsibilities which the registrant licensee knows or has
1289 reason to know that she or he is not competent or licensed to
1290 perform;
1291 (k) Violating any provision of this part, any rule of the
1292 board, or a lawful order of the board previously entered in a
1293 disciplinary hearing;
1294 (l) Conspiring with another licensee or with any other
1295 person to commit an act, or committing an act, which would tend
1296 to coerce, intimidate, or preclude another licensee from
1297 lawfully advertising her or his services;
1298 (m) Acceptance of compensation or any consideration by an
1299 interior designer from someone other than the client without
1300 full disclosure of the compensation or consideration amount or
1301 value to the client prior to the engagement for services, in
1302 violation of s. 481.2131(2);
1303 (h)(n) Rendering or offering to render architectural
1304 services; or
1305 (i)(o) Committing an act of fraud or deceit, or of
1306 negligence, incompetency, or misconduct, in the practice of
1307 interior design, including, but not limited to, allowing the
1308 preparation of any interior design studies, plans, or other
1309 instruments of service in an office that does not have a full
1310 time Florida-registered interior designer assigned to such
1311 office or failing to exercise responsible supervisory control
1312 over services or projects, as required by board rule.
1313 (2) When the board finds any person guilty of any of the
1314 grounds set forth in subsection (1), it may enter an order
1315 taking the following action or imposing one or more of the
1316 following penalties:
1317 (a) Refusal to register the applicant approve an
1318 application for licensure;
1319 (b) Refusal to renew an existing registration license;
1320 (c) Removal from the state registry Revocation or
1321 suspension of a license; or
1322 (d) Imposition of an administrative fine not to exceed $500
1323 $1,000 for each violation or separate offense and a fine of up
1324 to $2,500 $5,000 for matters pertaining to a material violation
1325 of the Florida Building Code as reported by a local
1326 jurisdiction; or
1327 (e) Issuance of a reprimand.
1328 Section 53. Paragraph (b) of subsection (5) and subsections
1329 (6) and (8) of section 481.229, Florida Statutes, are amended to
1330 read:
1331 481.229 Exceptions; exemptions from licensure.—
1332 (5)
1333 (b) Notwithstanding any other provision of this part, all
1334 persons licensed as architects under this part shall be
1335 qualified for interior design registration licensure upon
1336 submission of a completed application for such license and a fee
1337 not to exceed $30. Such persons shall be exempt from the
1338 requirements of s. 481.209(2). For architects licensed as
1339 interior designers, satisfaction of the requirements for renewal
1340 of licensure as an architect under s. 481.215 shall be deemed to
1341 satisfy the requirements for renewal of registration licensure
1342 as an interior designer under that section. Complaint
1343 processing, investigation, or other discipline-related legal
1344 costs related to persons licensed as interior designers under
1345 this paragraph shall be assessed against the architects’ account
1346 of the Regulatory Trust Fund.
1347 (6) This part shall not apply to:
1348 (a) A person who performs interior design services or
1349 interior decorator services for any residential application,
1350 provided that such person does not advertise as, or represent
1351 himself or herself as, an interior designer. For purposes of
1352 this paragraph, “residential applications” includes all types of
1353 residences, including, but not limited to, residence buildings,
1354 single-family homes, multifamily homes, townhouses, apartments,
1355 condominiums, and domestic outbuildings appurtenant to one
1356 family or two-family residences. However, “residential
1357 applications” does not include common areas associated with
1358 instances of multiple-unit dwelling applications.
1359 (b) An employee of a retail establishment providing
1360 “interior decorator services” on the premises of the retail
1361 establishment or in the furtherance of a retail sale or
1362 prospective retail sale, provided that such employee does not
1363 advertise as, or represent himself or herself as, a registered
1364 an interior designer.
1365 (8) A manufacturer of commercial food service equipment or
1366 the manufacturer’s representative, distributor, or dealer or an
1367 employee thereof, who prepares designs, specifications, or
1368 layouts for the sale or installation of such equipment is exempt
1369 from licensure as an architect or interior designer, if:
1370 (a) The designs, specifications, or layouts are not used
1371 for construction or installation that may affect structural,
1372 mechanical, plumbing, heating, air conditioning, ventilating,
1373 electrical, or vertical transportation systems.
1374 (b) The designs, specifications, or layouts do not
1375 materially affect lifesafety systems pertaining to firesafety
1376 protection, smoke evacuation and compartmentalization, and
1377 emergency ingress or egress systems.
1378 (c) Each design, specification, or layout document prepared
1379 by a person or entity exempt under this subsection contains a
1380 statement on each page of the document that the designs,
1381 specifications, or layouts are not architectural, interior
1382 design, or engineering designs, specifications, or layouts and
1383 not used for construction unless reviewed and approved by a
1384 licensed architect or engineer.
1385 Section 54. Subsection (1) of section 481.231, Florida
1386 Statutes, is amended to read:
1387 481.231 Effect of part locally.—
1388 (1) Nothing in This part does not shall be construed to
1389 repeal, amend, limit, or otherwise affect any specific provision
1390 of any local building code or zoning law or ordinance that has
1391 been duly adopted, now or hereafter enacted, which is more
1392 restrictive, with respect to the services of registered
1393 architects or registered interior designers, than the provisions
1394 of this part; provided, however, that a licensed architect shall
1395 be deemed registered licensed as an interior designer for
1396 purposes of offering or rendering interior design services to a
1397 county, municipality, or other local government or political
1398 subdivision.
1399 Section 55. Section 481.303, Florida Statutes, is amended
1400 to read:
1401 481.303 Definitions.—As used in this chapter, the term:
1402 (1) “Board” means the Board of Landscape Architecture.
1403 (3)(2) “Department” means the Department of Business and
1404 Professional Regulation.
1405 (6)(3) “Registered landscape architect” means a person who
1406 holds a license to practice landscape architecture in this state
1407 under the authority of this act.
1408 (2)(4) “Certificate of registration” means a license issued
1409 by the department to a natural person to engage in the practice
1410 of landscape architecture.
1411 (5) “Certificate of authorization” means a license issued
1412 by the department to a corporation or partnership to engage in
1413 the practice of landscape architecture.
1414 (4)(6) “Landscape architecture” means professional
1415 services, including, but not limited to, the following:
1416 (a) Consultation, investigation, research, planning,
1417 design, preparation of drawings, specifications, contract
1418 documents and reports, responsible construction supervision, or
1419 landscape management in connection with the planning and
1420 development of land and incidental water areas, including the
1421 use of Florida-friendly landscaping as defined in s. 373.185,
1422 where, and to the extent that, the dominant purpose of such
1423 services or creative works is the preservation, conservation,
1424 enhancement, or determination of proper land uses, natural land
1425 features, ground cover and plantings, or naturalistic and
1426 aesthetic values;
1427 (b) The determination of settings, grounds, and approaches
1428 for and the siting of buildings and structures, outdoor areas,
1429 or other improvements;
1430 (c) The setting of grades, shaping and contouring of land
1431 and water forms, determination of drainage, and provision for
1432 storm drainage and irrigation systems where such systems are
1433 necessary to the purposes outlined herein; and
1434 (d) The design of such tangible objects and features as are
1435 necessary to the purpose outlined herein.
1436 (5)(7) “Landscape design” means consultation for and
1437 preparation of planting plans drawn for compensation, including
1438 specifications and installation details for plant materials,
1439 soil amendments, mulches, edging, gravel, and other similar
1440 materials. Such plans may include only recommendations for the
1441 conceptual placement of tangible objects for landscape design
1442 projects. Construction documents, details, and specifications
1443 for tangible objects and irrigation systems shall be designed or
1444 approved by licensed professionals as required by law.
1445 Section 56. Section 481.310, Florida Statutes, is amended
1446 to read:
1447 481.310 Practical experience requirement.—Beginning October
1448 1, 1990, every applicant for licensure as a registered landscape
1449 architect shall demonstrate, prior to licensure, 1 year of
1450 practical experience in landscape architectural work. An
1451 applicant who holds a master of landscape architecture degree
1452 and a bachelor’s degree in a related field is not required to
1453 demonstrate 1 year of practical experience in landscape
1454 architectural work to obtain licensure. The board shall adopt
1455 rules providing standards for the required experience. An
1456 applicant who qualifies for examination pursuant to s.
1457 481.309(1)(b)1. may obtain the practical experience after
1458 completing the required professional degree. Experience used to
1459 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1460 be used to satisfy the practical experience requirement under
1461 this section.
1462 Section 57. Subsections (3) and (4) of s. 481.311, Florida
1463 Statutes, are amended to read:
1464 481.311 Licensure.—
1465 (3) The board shall certify as qualified for a license by
1466 endorsement an applicant who:
1467 (a) Qualifies to take the examination as set forth in s.
1468 481.309; and has passed a national, regional, state, or
1469 territorial licensing examination which is substantially
1470 equivalent to the examination required by s. 481.309; or
1471 (b) Holds a valid license to practice landscape
1472 architecture issued by another state or territory of the United
1473 States, if the criteria for issuance of such license were
1474 substantially identical to the licensure criteria which existed
1475 in this state at the time the license was issued; or.
1476 (c) Has held a valid license to practice landscape
1477 architecture in another state or territory of the United States
1478 for at least 10 years before the date of application and has
1479 successfully completed a state, regional, national, or other
1480 examination that is equivalent to or more stringent than the
1481 examination required by the board, subject to subsection (5). An
1482 applicant who has met the requirements to be qualified for a
1483 license by endorsement, except for successful completion of an
1484 examination that is equivalent to or more stringent than the
1485 examination required by the board, may take the examination
1486 required by the board without completing additional education
1487 requirements. Such application must be submitted to the board
1488 while the applicant holds a valid license in another state or
1489 territory or within 2 years after the expiration of such
1490 license.
1491 (4) The board shall certify as qualified for a certificate
1492 of authorization any applicant corporation or partnership who
1493 satisfies the requirements of s. 481.319.
1494 Section 58. Subsection (4) of section 481.313, Florida
1495 Statutes, is amended to read:
1496 481.313 Renewal of license.—
1497 (4) The board, by rule adopted pursuant to ss. 120.536(1)
1498 and 120.54, shall establish criteria for the approval of
1499 continuing education courses and providers, and shall by rule
1500 establish criteria for accepting alternative nonclassroom
1501 continuing education on an hour-for-hour basis. A landscape
1502 architect shall receive hour-for-hour credit for attending
1503 continuing education courses approved by the Landscape
1504 Architecture Continuing Education System or another nationally
1505 recognized clearinghouse for continuing education that relate to
1506 and increase his or her basic knowledge of landscape
1507 architecture, as determined by the board, if the landscape
1508 architect submits proof satisfactory to the board that such
1509 course was approved by the Landscape Architecture Continuing
1510 Education System or another nationally recognized clearinghouse
1511 for continuing education, along with the syllabus or outline for
1512 such course and proof of course attendance.
1513 Section 59. Subsection (2) of section 481.317, Florida
1514 Statutes, is amended to read:
1515 481.317 Temporary certificates.—
1516 (2) Upon approval by the board and payment of the fee set
1517 in s. 481.307, the department shall grant a temporary
1518 certificate of authorization for work on one specified project
1519 in this state for a period not to exceed 1 year to an out-of
1520 state corporation, partnership, or firm, provided one of the
1521 principal officers of the corporation, one of the partners of
1522 the partnership, or one of the principals in the fictitiously
1523 named firm has obtained a temporary certificate of registration
1524 in accordance with subsection (1).
1525 Section 60. Section 481.319, Florida Statutes, is amended
1526 to read:
1527 481.319 Corporate and partnership practice of landscape
1528 architecture; certificate of authorization.—
1529 (1) The practice of or offer to practice landscape
1530 architecture by registered landscape architects registered under
1531 this part through a corporation or partnership offering
1532 landscape architectural services to the public, or through a
1533 corporation or partnership offering landscape architectural
1534 services to the public through individual registered landscape
1535 architects as agents, employees, officers, or partners, is
1536 permitted, subject to the provisions of this section, if:
1537 (a) One or more of the principal officers of the
1538 corporation, or partners of the partnership, and all personnel
1539 of the corporation or partnership who act in its behalf as
1540 landscape architects in this state are registered landscape
1541 architects; and
1542 (b) One or more of the officers, one or more of the
1543 directors, one or more of the owners of the corporation, or one
1544 or more of the partners of the partnership is a registered
1545 landscape architect; and
1546 (c) The corporation or partnership has been issued a
1547 certificate of authorization by the board as provided herein.
1548 (2) All documents involving the practice of landscape
1549 architecture which are prepared for the use of the corporation
1550 or partnership shall bear the signature and seal of a registered
1551 landscape architect.
1552 (3) A landscape architect applying to practice in the name
1553 of a An applicant corporation must shall file with the
1554 department the names and addresses of all officers and board
1555 members of the corporation, including the principal officer or
1556 officers, duly registered to practice landscape architecture in
1557 this state and, also, of all individuals duly registered to
1558 practice landscape architecture in this state who shall be in
1559 responsible charge of the practice of landscape architecture by
1560 the corporation in this state. A landscape architect applying to
1561 practice in the name of a An applicant partnership must shall
1562 file with the department the names and addresses of all partners
1563 of the partnership, including the partner or partners duly
1564 registered to practice landscape architecture in this state and,
1565 also, of an individual or individuals duly registered to
1566 practice landscape architecture in this state who shall be in
1567 responsible charge of the practice of landscape architecture by
1568 said partnership in this state.
1569 (4) Each landscape architect qualifying a partnership or
1570 and corporation licensed under this part must shall notify the
1571 department within 1 month after of any change in the information
1572 contained in the application upon which the license is based.
1573 Any landscape architect who terminates her or his or her
1574 employment with a partnership or corporation licensed under this
1575 part shall notify the department of the termination within 1
1576 month after such termination.
1577 (5) Disciplinary action against a corporation or
1578 partnership shall be administered in the same manner and on the
1579 same grounds as disciplinary action against a registered
1580 landscape architect.
1581 (6) Except as provided in s. 558.0035, the fact that a
1582 registered landscape architect practices landscape architecture
1583 through a corporation or partnership as provided in this section
1584 does not relieve the landscape architect from personal liability
1585 for her or his or her professional acts.
1586 Section 61. Subsection (5) of section 481.321, Florida
1587 Statutes, is amended to read:
1588 481.321 Seals; display of certificate number.—
1589 (5) Each registered landscape architect must and each
1590 corporation or partnership holding a certificate of
1591 authorization shall include her or his its certificate number in
1592 any newspaper, telephone directory, or other advertising medium
1593 used by the registered landscape architect, corporation, or
1594 partnership. A corporation or partnership must is not required
1595 to display the certificate number numbers of at least one
1596 officer, director, owner, or partner who is a individual
1597 registered landscape architect architects employed by or
1598 practicing with the corporation or partnership.
1599 Section 62. Subsection (5) of section 481.329, Florida
1600 Statutes, is amended to read:
1601 481.329 Exceptions; exemptions from licensure.—
1602 (5) This part does not prohibit any person from engaging in
1603 the practice of landscape design, as defined in s. 481.303 s.
1604 481.303(7), or from submitting for approval to a governmental
1605 agency planting plans that are independent of, or a component
1606 of, construction documents that are prepared by a Florida
1607 registered professional. Persons providing landscape design
1608 services shall not use the title, term, or designation
1609 “landscape architect,” “landscape architectural,” “landscape
1610 architecture,” “L.A.,” “landscape engineering,” or any
1611 description tending to convey the impression that she or he is a
1612 landscape architect unless she or he is registered as provided
1613 in this part.
1614 Section 63. Subsection (9) of section 489.103, Florida
1615 Statutes, is amended to read:
1616 489.103 Exemptions.—This part does not apply to:
1617 (9) Any work or operation of a casual, minor, or
1618 inconsequential nature in which the aggregate contract price for
1619 labor, materials, and all other items is less than $2,500
1620 $1,000, but this exemption does not apply:
1621 (a) If the construction, repair, remodeling, or improvement
1622 is a part of a larger or major operation, whether undertaken by
1623 the same or a different contractor, or in which a division of
1624 the operation is made in contracts of amounts less than $2,500
1625 $1,000 for the purpose of evading this part or otherwise.
1626 (b) To a person who advertises that he or she is a
1627 contractor or otherwise represents that he or she is qualified
1628 to engage in contracting.
1629 Section 64. Subsection (2) of section 489.111, Florida
1630 Statutes, is amended to read:
1631 489.111 Licensure by examination.—
1632 (2) A person shall be eligible for licensure by examination
1633 if the person:
1634 (a) Is 18 years of age;
1635 (b) Is of good moral character; and
1636 (c) Meets eligibility requirements according to one of the
1637 following criteria:
1638 1. Has received a baccalaureate degree from an accredited
1639 4-year college in the appropriate field of engineering,
1640 architecture, or building construction and has 1 year of proven
1641 experience in the category in which the person seeks to qualify.
1642 For the purpose of this part, a minimum of 2,000 person-hours
1643 shall be used in determining full-time equivalency. An applicant
1644 who is exempt from passing an examination under s. 489.113(1) is
1645 eligible for a license under this section.
1646 2. Has a total of at least 4 years of active experience as
1647 a worker who has learned the trade by serving an apprenticeship
1648 as a skilled worker who is able to command the rate of a
1649 mechanic in the particular trade or as a foreman who is in
1650 charge of a group of workers and usually is responsible to a
1651 superintendent or a contractor or his or her equivalent,
1652 provided, however, that at least 1 year of active experience
1653 shall be as a foreman.
1654 3. Has a combination of not less than 1 year of experience
1655 as a foreman and not less than 3 years of credits for any
1656 accredited college-level courses; has a combination of not less
1657 than 1 year of experience as a skilled worker, 1 year of
1658 experience as a foreman, and not less than 2 years of credits
1659 for any accredited college-level courses; or has a combination
1660 of not less than 2 years of experience as a skilled worker, 1
1661 year of experience as a foreman, and not less than 1 year of
1662 credits for any accredited college-level courses. All junior
1663 college or community college-level courses shall be considered
1664 accredited college-level courses.
1665 4.a. An active certified residential contractor is eligible
1666 to receive a certified building contractor license after passing
1667 or having previously passed take the building contractors’
1668 examination if he or she possesses a minimum of 3 years of
1669 proven experience in the classification in which he or she is
1670 certified.
1671 b. An active certified residential contractor is eligible
1672 to receive a certified general contractor license after passing
1673 or having previously passed take the general contractors’
1674 examination if he or she possesses a minimum of 4 years of
1675 proven experience in the classification in which he or she is
1676 certified.
1677 c. An active certified building contractor is eligible to
1678 receive a certified general contractor license after passing or
1679 having previously passed take the general contractors’
1680 examination if he or she possesses a minimum of 4 years of
1681 proven experience in the classification in which he or she is
1682 certified.
1683 5.a. An active certified air-conditioning Class C
1684 contractor is eligible to receive a certified air-conditioning
1685 Class B contractor license after passing or having previously
1686 passed take the air-conditioning Class B contractors’
1687 examination if he or she possesses a minimum of 3 years of
1688 proven experience in the classification in which he or she is
1689 certified.
1690 b. An active certified air-conditioning Class C contractor
1691 is eligible to receive a certified air-conditioning Class A
1692 contractor license after passing or having previously passed
1693 take the air-conditioning Class A contractors’ examination if he
1694 or she possesses a minimum of 4 years of proven experience in
1695 the classification in which he or she is certified.
1696 c. An active certified air-conditioning Class B contractor
1697 is eligible to receive a certified air-conditioning Class A
1698 contractor license after passing or having previously passed
1699 take the air-conditioning Class A contractors’ examination if he
1700 or she possesses a minimum of 1 year of proven experience in the
1701 classification in which he or she is certified.
1702 6.a. An active certified swimming pool servicing contractor
1703 is eligible to receive a certified residential swimming pool
1704 contractor license after passing or having previously passed
1705 take the residential swimming pool contractors’ examination if
1706 he or she possesses a minimum of 3 years of proven experience in
1707 the classification in which he or she is certified.
1708 b. An active certified swimming pool servicing contractor
1709 is eligible to receive a certified commercial swimming pool
1710 contractor license after passing or having previously passed
1711 take the swimming pool commercial contractors’ examination if he
1712 or she possesses a minimum of 4 years of proven experience in
1713 the classification in which he or she is certified.
1714 c. An active certified residential swimming pool contractor
1715 is eligible to receive a certified commercial swimming pool
1716 contractor license after passing or having previously passed
1717 take the commercial swimming pool contractors’ examination if he
1718 or she possesses a minimum of 1 year of proven experience in the
1719 classification in which he or she is certified.
1720 d. An applicant is eligible to receive a certified swimming
1721 pool/spa servicing contractor license after passing or having
1722 previously passed take the swimming pool/spa servicing
1723 contractors’ examination if he or she has satisfactorily
1724 completed 60 hours of instruction in courses related to the
1725 scope of work covered by that license and approved by the
1726 Construction Industry Licensing Board by rule and has at least 1
1727 year of proven experience related to the scope of work of such a
1728 contractor.
1729 Section 65. Subsection (1) of section 489.113, Florida
1730 Statutes, is amended to read:
1731 489.113 Qualifications for practice; restrictions.—
1732 (1) Any person who desires to engage in contracting on a
1733 statewide basis shall, as a prerequisite thereto, establish his
1734 or her competency and qualifications to be certified pursuant to
1735 this part. To establish competency, a person shall pass the
1736 appropriate examination approved by the board and certified by
1737 the department. If an applicant has received a baccalaureate
1738 degree in building construction from an accredited 4-year
1739 college, or a related degree as approved by the board by rule,
1740 and has a grade point average of 3.0 or higher, such applicant
1741 is only required to take and pass the business and finance
1742 portion of the examination. Any person who desires to engage in
1743 contracting on other than a statewide basis shall, as a
1744 prerequisite thereto, be registered pursuant to this part,
1745 unless exempted by this part.
1746 Section 66. Subsection (3) of section 489.115, Florida
1747 Statutes, is amended to read:
1748 489.115 Certification and registration; endorsement;
1749 reciprocity; renewals; continuing education.—
1750 (3) The board shall certify as qualified for certification
1751 by endorsement any applicant who:
1752 (a) Meets the requirements for certification as set forth
1753 in this section; has passed a national, regional, state, or
1754 United States territorial licensing examination that is
1755 substantially equivalent to the examination required by this
1756 part; and has satisfied the requirements set forth in s.
1757 489.111;
1758 (b) Holds a valid license to practice contracting issued by
1759 another state or territory of the United States, if the criteria
1760 for issuance of such license were substantially equivalent to
1761 Florida’s current certification criteria; or
1762 (c) Holds a valid, current license to practice contracting
1763 issued by another state or territory of the United States, if
1764 the state or territory has entered into a reciprocal agreement
1765 with the board for the recognition of contractor licenses issued
1766 in that state, based on criteria for the issuance of such
1767 licenses that are substantially equivalent to the criteria for
1768 certification in this state; or
1769 (d) Has held a valid, current license to practice
1770 contracting issued by another state or territory of the United
1771 States for at least 10 years before the date of application and
1772 is applying for the same or similar license in this state,
1773 subject to subsections (5)-(9). The board may consider an
1774 applicant’s technical competence to ensure the applicant is able
1775 to meet the requirements of this state’s codes and standards for
1776 wind mitigation and water intrusion. The board may also consider
1777 whether such applicant has had a license to practice contracting
1778 revoked, suspended, or otherwise acted against by the licensing
1779 authority of another state, territory, or country. Such
1780 application must be made either when the license in another
1781 state or territory is active or within 2 years after such
1782 license was last active. Division I contractors and roofing
1783 contractors must complete a 2-hour course on the Florida
1784 Building Code which includes information on wind mitigation
1785 techniques. The required courses may be completed online.
1786 Section 67. Subsection (5) of section 489.511, Florida
1787 Statutes, is amended to read:
1788 489.511 Certification; application; examinations;
1789 endorsement.—
1790 (5) The board shall certify as qualified for certification
1791 by endorsement any individual applying for certification who:
1792 (a) Meets the requirements for certification as set forth
1793 in this section; has passed a national, regional, state, or
1794 United States territorial licensing examination that is
1795 substantially equivalent to the examination required by this
1796 part; and has satisfied the requirements set forth in s.
1797 489.521; or
1798 (b) Holds a valid license to practice electrical or alarm
1799 system contracting issued by another state or territory of the
1800 United States, if the criteria for issuance of such license was
1801 substantially equivalent to the certification criteria that
1802 existed in this state at the time the certificate was issued; or
1803 (c) Has held a valid, current license to practice
1804 electrical or alarm system contracting issued by another state
1805 or territory of the United States for at least 10 years before
1806 the date of application and is applying for the same or similar
1807 license in this state, subject to ss. 489.510 and 489.521(3)(a)
1808 and subparagraph (1)(b)1. Such application must be made either
1809 when the license in another state or territory is active or
1810 within 2 years after such license was last active. Electrical
1811 contractors and alarm system contractors must complete a 2-hour
1812 course on the Florida Building Code. The required courses may be
1813 completed online.
1814 Section 68. Subsection (3) and paragraph (b) of subsection
1815 (4) of section 489.517, Florida Statutes, are amended to read:
1816 489.517 Renewal of certificate or registration; continuing
1817 education.—
1818 (3)(a) Each certificateholder or registrant licensed as a
1819 specialty contractor or an alarm system contractor shall provide
1820 proof, in a form established by rule of the board, that the
1821 certificateholder or registrant has completed at least 7 14
1822 classroom hours of at least 50 minutes each of continuing
1823 education courses during each biennium since the issuance or
1824 renewal of the certificate or registration. The board shall by
1825 rule establish criteria for the approval of continuing education
1826 courses and providers and may by rule establish criteria for
1827 accepting alternative nonclassroom continuing education on an
1828 hour-for-hour basis.
1829 (b) Each certificateholder or registrant licensed as an
1830 electrical contractor shall provide proof, in a form established
1831 by rule of the board, that the certificateholder or registrant
1832 has completed at least 11 classroom hours of at least 50 minutes
1833 each of continuing education courses during each biennium since
1834 the issuance or renewal of the certificate or registration. The
1835 board shall by rule establish criteria for the approval of
1836 continuing education courses and providers and may by rule
1837 establish criteria for accepting alternative nonclassroom
1838 continuing education on an hour-for-hour basis.
1839 (4)
1840 (b)1. For licensed specialty contractors or alarm system
1841 contractors, of the 7 14 classroom hours of continuing education
1842 required, at least 1 hour 7 hours must be on technical subjects,
1843 1 hour on workers’ compensation, 1 hour on workplace safety, 1
1844 hour on business practices, and for alarm system contractors and
1845 electrical contractors engaged in alarm system contracting, 2
1846 hours on false alarm prevention.
1847 2. For licensed electrical contractors, of the minimum 11
1848 classroom hours of continuing education required, at least 7
1849 hours must be on technical subjects, 1 hour on workers’
1850 compensation, 1 hour on workplace safety, and 1 hour on business
1851 practices. Electrical contractors engaged in alarm system
1852 contracting must also complete 2 hours on false alarm
1853 prevention.
1854 Section 69. Paragraph (b) of subsection (1) of section
1855 489.518, Florida Statutes, is amended to read:
1856 489.518 Alarm system agents.—
1857 (1) A licensed electrical or alarm system contractor may
1858 not employ a person to perform the duties of a burglar alarm
1859 system agent unless the person:
1860 (b) Has successfully completed a minimum of 14 hours of
1861 training within 90 days after employment, to include basic alarm
1862 system electronics in addition to related training including
1863 CCTV and access control training, with at least 2 hours of
1864 training in the prevention of false alarms. Such training shall
1865 be from a board-approved provider, and the employee or applicant
1866 for employment shall provide proof of successful completion to
1867 the licensed employer. The board shall by rule establish
1868 criteria for the approval of training courses and providers and
1869 may by rule establish criteria for accepting alternative
1870 nonclassroom education on an hour-for-hour basis. The board
1871 shall approve providers that conduct training in other than the
1872 English language. The board shall establish a fee for the
1873 approval of training providers or courses, not to exceed $60.
1874 Qualified employers may conduct training classes for their
1875 employees, with board approval.
1876 Section 70. Section 492.104, Florida Statutes, is amended
1877 to read:
1878 492.104 Rulemaking authority.—The Board of Professional
1879 Geologists has authority to adopt rules pursuant to ss.
1880 120.536(1) and 120.54 to implement this chapter. Every licensee
1881 shall be governed and controlled by this chapter and the rules
1882 adopted by the board. The board is authorized to set, by rule,
1883 fees for application, examination, certificate of authorization,
1884 late renewal, initial licensure, and license renewal. These fees
1885 may should not exceed the cost of implementing the application,
1886 examination, initial licensure, and license renewal or other
1887 administrative process and shall be established as follows:
1888 (1) The application fee shall not exceed $150 and shall be
1889 nonrefundable.
1890 (2) The examination fee shall not exceed $250, and the fee
1891 may be apportioned to each part of a multipart examination. The
1892 examination fee shall be refundable in whole or part if the
1893 applicant is found to be ineligible to take any portion of the
1894 licensure examination.
1895 (3) The initial license fee shall not exceed $100.
1896 (4) The biennial renewal fee shall not exceed $150.
1897 (5) The fee for a certificate of authorization shall not
1898 exceed $350 and the fee for renewal of the certificate shall not
1899 exceed $350.
1900 (5)(6) The fee for reactivation of an inactive license may
1901 shall not exceed $50.
1902 (6)(7) The fee for a provisional license may shall not
1903 exceed $400.
1904 (7)(8) The fee for application, examination, and licensure
1905 for a license by endorsement is shall be as provided in this
1906 section for licenses in general.
1907 Section 71. Subsection (1) of section 492.108, Florida
1908 Statutes, is amended to read:
1909 492.108 Licensure by endorsement; requirements; fees.—
1910 (1) The department shall issue a license by endorsement to
1911 any applicant who, upon applying to the department and remitting
1912 an application fee, has been certified by the board that he or
1913 she:
1914 (a) Has met the qualifications for licensure in s.
1915 492.105(1)(b)-(e) and:.
1916 1.(b) Is the holder of an active license in good standing
1917 in a state, trust, territory, or possession of the United
1918 States.
1919 2.(c) Was licensed through written examination in at least
1920 one state, trust, territory, or possession of the United States,
1921 the examination requirements of which have been approved by the
1922 board as substantially equivalent to or more stringent than
1923 those of this state, and has received a score on such
1924 examination which is equal to or greater than the score required
1925 by this state for licensure by examination.
1926 3.(d) Has taken and successfully passed the laws and rules
1927 portion of the examination required for licensure as a
1928 professional geologist in this state.
1929 (b) Has held a valid license to practice geology in another
1930 state, trust, territory, or possession of the United States for
1931 at least 10 years before the date of application and has
1932 successfully completed a state, regional, national, or other
1933 examination that is equivalent to or more stringent than the
1934 examination required by the department. If such applicant has
1935 met the requirements for a license by endorsement except
1936 successful completion of an examination that is equivalent to or
1937 more stringent than the examination required by the board, such
1938 applicant may take the examination required by the board. Such
1939 application must be submitted to the board while the applicant
1940 holds a valid license in another state or territory or within 2
1941 years after the expiration of such license.
1942 Section 72. Section 492.111, Florida Statutes, is amended
1943 to read:
1944 492.111 Practice of professional geology by a firm,
1945 corporation, or partnership; certificate of authorization.—The
1946 practice of, or offer to practice, professional geology by
1947 individual professional geologists licensed under the provisions
1948 of this chapter through a firm, corporation, or partnership
1949 offering geological services to the public through individually
1950 licensed professional geologists as agents, employees, officers,
1951 or partners thereof is permitted subject to the provisions of
1952 this chapter, if provided that:
1953 (1) At all times that it offers geological services to the
1954 public, the firm, corporation, or partnership is qualified by
1955 has on file with the department the name and license number of
1956 one or more individuals who hold a current, active license as a
1957 professional geologist in the state and are serving as a
1958 geologist of record for the firm, corporation, or partnership. A
1959 geologist of record may be any principal officer or employee of
1960 such firm or corporation, or any partner or employee of such
1961 partnership, who holds a current, active license as a
1962 professional geologist in this state, or any other Florida
1963 licensed professional geologist with whom the firm, corporation,
1964 or partnership has entered into a long-term, ongoing
1965 relationship, as defined by rule of the board, to serve as one
1966 of its geologists of record. It shall be the responsibility of
1967 the firm, corporation, or partnership and The geologist of
1968 record shall to notify the department of any changes in the
1969 relationship or identity of that geologist of record within 30
1970 days after such change.
1971 (2) The firm, corporation, or partnership has been issued a
1972 certificate of authorization by the department as provided in
1973 this chapter. For purposes of this section, a certificate of
1974 authorization shall be required of any firm, corporation,
1975 partnership, association, or person practicing under a
1976 fictitious name and offering geological services to the public;
1977 except that, when an individual is practicing professional
1978 geology in her or his own name, she or he shall not be required
1979 to obtain a certificate of authorization under this section.
1980 Such certificate of authorization shall be renewed every 2
1981 years.
1982 (2)(3) All final geological papers or documents involving
1983 the practice of the profession of geology which have been
1984 prepared or approved for the use of such firm, corporation, or
1985 partnership, for delivery to any person for public record with
1986 the state, shall be dated and bear the signature and seal of the
1987 professional geologist or professional geologists who prepared
1988 or approved them.
1989 (3)(4) Except as provided in s. 558.0035, the fact that a
1990 licensed professional geologist practices through a corporation
1991 or partnership does not relieve the registrant from personal
1992 liability for negligence, misconduct, or wrongful acts committed
1993 by her or him. The partnership and all partners are jointly and
1994 severally liable for the negligence, misconduct, or wrongful
1995 acts committed by their agents, employees, or partners while
1996 acting in a professional capacity. Any officer, agent, or
1997 employee of a corporation is personally liable and accountable
1998 only for negligent acts, wrongful acts, or misconduct committed
1999 by her or him or committed by any person under her or his direct
2000 supervision and control, while rendering professional services
2001 on behalf of the corporation. The personal liability of a
2002 shareholder of a corporation, in her or his capacity as
2003 shareholder, may be no greater than that of a shareholder
2004 employee of a corporation incorporated under chapter 607. The
2005 corporation is liable up to the full value of its property for
2006 any negligent acts, wrongful acts, or misconduct committed by
2007 any of its officers, agents, or employees while they are engaged
2008 on behalf of the corporation in the rendering of professional
2009 services.
2010 (5) The firm, corporation, or partnership desiring a
2011 certificate of authorization shall file with the department an
2012 application therefor, upon a form to be prescribed by the
2013 department, accompanied by the required application fee.
2014 (6) The department may refuse to issue a certificate of
2015 authorization if any facts exist which would entitle the
2016 department to suspend or revoke an existing certificate of
2017 authorization or if the department, after giving persons
2018 involved a full and fair hearing, determines that any of the
2019 officers or directors of said firm or corporation, or partners
2020 of said partnership, have violated the provisions of s. 492.113.
2021 Section 73. Subsection (4) of section 492.113, Florida
2022 Statutes, is amended to read:
2023 492.113 Disciplinary proceedings.—
2024 (4) The department shall reissue the license of a
2025 disciplined professional geologist or business upon
2026 certification by the board that the disciplined person has
2027 complied with all of the terms and conditions set forth in the
2028 final order.
2029 Section 74. Section 492.115, Florida Statutes, is amended
2030 to read:
2031 492.115 Roster of licensed professional geologists.—A
2032 roster showing the names and places of business or residence of
2033 all licensed professional geologists and all properly qualified
2034 firms, corporations, or partnerships practicing holding
2035 certificates of authorization to practice professional geology
2036 in the state shall be prepared annually by the department. A
2037 copy of this roster must be made available to shall be
2038 obtainable by each licensed professional geologist and each
2039 firm, corporation, or partnership qualified by a professional
2040 geologist holding a certificate of authorization, and copies
2041 thereof shall be placed on file with the department.
2042 Section 75. Section 509.102, Florida Statutes, is created
2043 to read:
2044 509.102 Mobile food dispensing vehicles; preemption.—
2045 (1) As used in this section, the term “mobile food
2046 dispensing vehicle” means any vehicle that is a public food
2047 service establishment and that is self-propelled or otherwise
2048 movable from place to place and includes self-contained
2049 utilities, including, but not limited to, gas, water,
2050 electricity, or liquid waste disposal.
2051 (2) Regulation of mobile food dispensing vehicles involving
2052 licenses, registrations, permits, and fees is preempted to the
2053 state. A municipality, county, or other local governmental
2054 entity may not require a separate license, registration, or
2055 permit other than the license required under s. 509.241, or
2056 require the payment of any license, registration, or permit fee
2057 other than the fee required under s. 509.251, as a condition for
2058 the operation of a mobile food dispensing vehicle within the
2059 entity’s jurisdiction. A municipality, county, or other local
2060 governmental entity may not prohibit mobile food dispensing
2061 vehicles from operating within the entirety of the entity’s
2062 jurisdiction.
2063 (3) This section may not be construed to affect a
2064 municipality, county, or other local governmental entity’s
2065 authority to regulate the operation of mobile food dispensing
2066 vehicles other than the regulations described in subsection (2).
2067 (4) This section does not apply to any port authority,
2068 aviation authority, airport, or seaport.
2069 Section 76. Paragraph (i) of subsection (2) of section
2070 548.003, Florida Statutes, is amended to read:
2071 548.003 Florida State Boxing Commission.—
2072 (2) The Florida State Boxing Commission, as created by
2073 subsection (1), shall administer the provisions of this chapter.
2074 The commission has authority to adopt rules pursuant to ss.
2075 120.536(1) and 120.54 to implement the provisions of this
2076 chapter and to implement each of the duties and responsibilities
2077 conferred upon the commission, including, but not limited to:
2078 (i) Designation and duties of a knockdown timekeeper.
2079 Section 77. Subsection (1) of section 548.017, Florida
2080 Statutes, is amended to read:
2081 548.017 Participants, managers, and other persons required
2082 to have licenses.—
2083 (1) A participant, manager, trainer, second, timekeeper,
2084 referee, judge, announcer, physician, matchmaker, or promoter
2085 must be licensed before directly or indirectly acting in such
2086 capacity in connection with any match involving a participant. A
2087 physician approved by the commission must be licensed pursuant
2088 to chapter 458 or chapter 459, must maintain an unencumbered
2089 license in good standing, and must demonstrate satisfactory
2090 medical training or experience in boxing, or a combination of
2091 both, to the executive director before working as the ringside
2092 physician.
2093 Section 78. Paragraph (d) of subsection (1) of section
2094 553.5141, Florida Statutes, is amended to read:
2095 553.5141 Certifications of conformity and remediation
2096 plans.—
2097 (1) For purposes of this section:
2098 (d) “Qualified expert” means:
2099 1. An engineer licensed pursuant to chapter 471.
2100 2. A certified general contractor licensed pursuant to
2101 chapter 489.
2102 3. A certified building contractor licensed pursuant to
2103 chapter 489.
2104 4. A building code administrator licensed pursuant to
2105 chapter 468.
2106 5. A building inspector licensed pursuant to chapter 468.
2107 6. A plans examiner licensed pursuant to chapter 468.
2108 7. An interior designer registered licensed pursuant to
2109 chapter 481.
2110 8. An architect licensed pursuant to chapter 481.
2111 9. A landscape architect licensed pursuant to chapter 481.
2112 10. Any person who has prepared a remediation plan related
2113 to a claim under Title III of the Americans with Disabilities
2114 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
2115 court in a settlement agreement or court proceeding, or who has
2116 been qualified as an expert in Title III of the Americans with
2117 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
2118 Section 79. Effective January 1, 2021, subsection (1) of
2119 section 553.74, Florida Statutes, is amended to read:
2120 553.74 Florida Building Commission.—
2121 (1) The Florida Building Commission is created and located
2122 within the Department of Business and Professional Regulation
2123 for administrative purposes. Members are appointed by the
2124 Governor subject to confirmation by the Senate. The commission
2125 is composed of 19 27 members, consisting of the following
2126 members:
2127 (a) One architect licensed pursuant to chapter 481 with at
2128 least 5 years of experience in the design and construction of
2129 buildings designated for Group E or Group I occupancies by the
2130 Florida Building Code registered to practice in this state and
2131 actively engaged in the profession. The American Institute of
2132 Architects, Florida Section, is encouraged to recommend a list
2133 of candidates for consideration.
2134 (b) One structural engineer registered to practice in this
2135 state and actively engaged in the profession. The Florida
2136 Engineering Society is encouraged to recommend a list of
2137 candidates for consideration.
2138 (c) One air-conditioning contractor, or mechanical
2139 contractor, or mechanical engineer certified to do business in
2140 this state and actively engaged in the profession. The Florida
2141 Air Conditioning Contractors Association, the Florida
2142 Refrigeration and Air Conditioning Contractors Association, and
2143 the Mechanical Contractors Association of Florida, and the
2144 Florida Engineering Society are encouraged to recommend a list
2145 of candidates for consideration.
2146 (d) One electrical contractor or electrical engineer
2147 certified to do business in this state and actively engaged in
2148 the profession. The Florida Association of Electrical
2149 Contractors, and the National Electrical Contractors
2150 Association, Florida Chapter, and the Florida Engineering
2151 Society are encouraged to recommend a list of candidates for
2152 consideration.
2153 (e) One member from fire protection engineering or
2154 technology who is actively engaged in the profession. The
2155 Florida Chapter of the Society of Fire Protection Engineers and
2156 the Florida Fire Marshals and Inspectors Association are
2157 encouraged to recommend a list of candidates for consideration.
2158 (e)(f) One certified general contractor or one certified
2159 building contractor certified to do business in this state and
2160 actively engaged in the profession. The Associated Builders and
2161 Contractors of Florida, the Florida Associated General
2162 Contractors Council, the Florida Home Builders Association, and
2163 the Union Contractors Association are encouraged to recommend a
2164 list of candidates for consideration.
2165 (f)(g) One plumbing contractor licensed to do business in
2166 this state and actively engaged in the profession. The Florida
2167 Association of Plumbing, Heating, and Cooling Contractors is
2168 encouraged to recommend a list of candidates for consideration.
2169 (g)(h) One roofing or sheet metal contractor certified to
2170 do business in this state and actively engaged in the
2171 profession. The Florida Roofing, Sheet Metal, and Air
2172 Conditioning Contractors Association and the Sheet Metal and Air
2173 Conditioning Contractors’ National Association are encouraged to
2174 recommend a list of candidates for consideration.
2175 (h)(i) One certified residential contractor licensed to do
2176 business in this state and actively engaged in the profession.
2177 The Florida Home Builders Association is encouraged to recommend
2178 a list of candidates for consideration.
2179 (i)(j) Three members who are municipal, county, or district
2180 codes enforcement officials, one of whom is also a fire
2181 official. The Building Officials Association of Florida and the
2182 Florida Fire Marshals and Inspectors Association are encouraged
2183 to recommend a list of candidates for consideration.
2184 (k) One member who represents the Department of Financial
2185 Services.
2186 (l) One member who is a county codes enforcement official.
2187 The Building Officials Association of Florida is encouraged to
2188 recommend a list of candidates for consideration.
2189 (j)(m) One member of a Florida-based organization of
2190 persons with disabilities or a nationally chartered organization
2191 of persons with disabilities with chapters in this state which
2192 complies with or is certified to be compliant with the
2193 requirements of the Americans with Disabilities Act of 1990, as
2194 amended.
2195 (k)(n) One member of the manufactured buildings industry
2196 who is licensed to do business in this state and is actively
2197 engaged in the industry. The Florida Manufactured Housing
2198 Association is encouraged to recommend a list of candidates for
2199 consideration.
2200 (o) One mechanical or electrical engineer registered to
2201 practice in this state and actively engaged in the profession.
2202 The Florida Engineering Society is encouraged to recommend a
2203 list of candidates for consideration.
2204 (p) One member who is a representative of a municipality or
2205 a charter county. The Florida League of Cities and the Florida
2206 Association of Counties are encouraged to recommend a list of
2207 candidates for consideration.
2208 (l)(q) One member of the building products manufacturing
2209 industry who is authorized to do business in this state and is
2210 actively engaged in the industry. The Florida Building Material
2211 Association, the Florida Concrete and Products Association, and
2212 the Fenestration Manufacturers Association are encouraged to
2213 recommend a list of candidates for consideration.
2214 (m)(r) One member who is a representative of the building
2215 owners and managers industry who is actively engaged in
2216 commercial building ownership or management. The Building Owners
2217 and Managers Association is encouraged to recommend a list of
2218 candidates for consideration.
2219 (n)(s) One member who is a representative of the insurance
2220 industry. The Florida Insurance Council is encouraged to
2221 recommend a list of candidates for consideration.
2222 (t) One member who is a representative of public education.
2223 (o)(u) One member who is a swimming pool contractor
2224 licensed to do business in this state and actively engaged in
2225 the profession. The Florida Swimming Pool Association and the
2226 United Pool and Spa Association are encouraged to recommend a
2227 list of candidates for consideration.
2228 (p) The Chief Resilience Officer or his or her designee.
2229 (q)(v) One member who is a representative of the green
2230 building industry and who is a third-party commission agent, a
2231 Florida board member of the United States Green Building Council
2232 or Green Building Initiative, a professional who is accredited
2233 under the International Green Construction Code (IGCC), or a
2234 professional who is accredited under Leadership in Energy and
2235 Environmental Design (LEED).
2236 (w) One member who is a representative of a natural gas
2237 distribution system and who is actively engaged in the
2238 distribution of natural gas in this state. The Florida Natural
2239 Gas Association is encouraged to recommend a list of candidates
2240 for consideration.
2241 (x) One member who is a representative of the Department of
2242 Agriculture and Consumer Services’ Office of Energy. The
2243 Commissioner of Agriculture is encouraged to recommend a list of
2244 candidates for consideration.
2245 (y) One member who shall be the chair.
2246 Section 80. Subsections (5) and (6) are added to section
2247 823.15, Florida Statutes, to read:
2248 823.15 Dogs and cats released from animal shelters or
2249 animal control agencies; sterilization requirement.—
2250 (5) Employees, agents, or contractors of a public or
2251 private animal shelter, a humane organization, or an animal
2252 control agency operated by a humane organization or by a county,
2253 municipality, or other incorporated political subdivision may
2254 implant dogs and cats with radio frequency identification
2255 microchips as part of their work with such public or private
2256 animal shelter, humane organization, or animal control agency.
2257 (6) Notwithstanding s. 474.2165, employees, agents, or
2258 contractors of a public or private animal shelter, a humane
2259 organization, or an animal control agency operated by a humane
2260 organization or by a county, municipality, or other incorporated
2261 political subdivision may contact the owner of record listed on
2262 a radio frequency identification microchip to verify pet
2263 ownership.
2264 Section 81. Paragraphs (h) and (k) of subsection (2) of
2265 section 287.055, Florida Statutes, are amended to read:
2266 287.055 Acquisition of professional architectural,
2267 engineering, landscape architectural, or surveying and mapping
2268 services; definitions; procedures; contingent fees prohibited;
2269 penalties.—
2270 (2) DEFINITIONS.—For purposes of this section:
2271 (h) A “design-build firm” means a partnership, corporation,
2272 or other legal entity that:
2273 1. Is certified under s. 489.119 to engage in contracting
2274 through a certified or registered general contractor or a
2275 certified or registered building contractor as the qualifying
2276 agent; or
2277 2. Is qualified certified under s. 471.023 to practice or
2278 to offer to practice engineering; qualified certified under s.
2279 481.219 to practice or to offer to practice architecture; or
2280 qualified certified under s. 481.319 to practice or to offer to
2281 practice landscape architecture.
2282 (k) A “design criteria professional” means a firm that is
2283 qualified who holds a current certificate of registration under
2284 chapter 481 to practice architecture or landscape architecture
2285 or a firm who holds a current certificate as a registered
2286 engineer under chapter 471 to practice engineering and who is
2287 employed by or under contract to the agency for the providing of
2288 professional architect services, landscape architect services,
2289 or engineering services in connection with the preparation of
2290 the design criteria package.
2291 Section 82. Subsection (7) of section 558.002, Florida
2292 Statutes, is amended to read:
2293 558.002 Definitions.—As used in this chapter, the term:
2294 (7) “Design professional” means a person, as defined in s.
2295 1.01, who is licensed in this state as an architect, interior
2296 designer, a landscape architect, an engineer, a surveyor, or a
2297 geologist or who is a registered interior designer, as defined
2298 in s. 481.203.
2299 Section 83. Subsection (4) of section 725.08, Florida
2300 Statutes, is amended to read:
2301 725.08 Design professional contracts; limitation in
2302 indemnification.—
2303 (4) “Design professional” means an individual or entity
2304 licensed by the state who holds a current certificate of
2305 registration or is qualified under chapter 481 to practice
2306 architecture or landscape architecture, under chapter 472 to
2307 practice land surveying and mapping, or under chapter 471 to
2308 practice engineering, and who enters into a professional
2309 services contract.
2310
2311 ================= T I T L E A M E N D M E N T ================
2312 And the title is amended as follows:
2313 Delete lines 4 - 227
2314 and insert:
2315 322.57, F.S.; defining the term “servicemember”;
2316 requiring the Department of Highway Safety and Motor
2317 Vehicles to waive the requirement to pass the
2318 Commercial Driver License Skills Tests for certain
2319 servicemembers and veterans; requiring an applicant
2320 who receives such waiver to complete certain
2321 requirements within a specified time; requiring the
2322 department to adopt rules; amending s. 326.004, F.S.;
2323 deleting the requirement that a yacht broker maintain
2324 a separate license for each branch office; deleting
2325 the requirement that the Division of Florida
2326 Condominiums, Timeshares, and Mobile Homes establish a
2327 fee; amending s. 447.02, F.S.; conforming provisions
2328 to changes made by the act; repealing s. 447.04, F.S.,
2329 relating to licensure and permit requirements for
2330 business agents; repealing s. 447.041, F.S., relating
2331 to hearings for persons or labor organizations denied
2332 licensure as a business agent; repealing s. 447.045,
2333 F.S., relating to confidential information obtained
2334 during the application process; repealing s. 447.06,
2335 F.S., relating to required registration of labor
2336 organizations; amending s. 447.09, F.S.; deleting
2337 certain prohibited actions relating to the right of
2338 franchise of a member of a labor organization;
2339 repealing s. 447.12, F.S., relating to registration
2340 fees; repealing s. 447.16, F.S., relating to
2341 applicability; amending s. 447.305, F.S.; deleting a
2342 provision that requires notification of registrations
2343 and renewals to the Department of Business and
2344 Professional Regulation; amending s. 455.213, F.S.;
2345 requiring the department or a board to enter into
2346 reciprocal licensing agreements with other states
2347 under certain circumstances; providing requirements;
2348 creating s. 455.2278, F.S.; defining terms;
2349 prohibiting the department or a board from suspending
2350 or revoking a person’s license solely on the basis of
2351 a delinquency or default in the payment of his or her
2352 student loan; prohibiting the department or a board
2353 from suspending or revoking a person’s license solely
2354 on the basis of a default in satisfying the
2355 requirements of his or her work-conditional
2356 scholarship; amending s. 456.072, F.S.; specifying
2357 that the failure to repay certain student loans is not
2358 considered a failure to perform a statutory or legal
2359 obligation for which certain disciplinary action can
2360 be taken; conforming provisions to changes made by the
2361 act; repealing s. 456.0721, F.S., relating to health
2362 care practitioners who are in default on student loan
2363 or scholarship obligations; amending s. 456.074, F.S.;
2364 deleting a provision relating to the suspension of a
2365 license issued by the Department of Health for
2366 defaulting on certain student loans; amending s.
2367 468.505, F.S.; providing that certain unlicensed
2368 persons are not prohibited or restricted from their
2369 practice, services, or activities in dietetics and
2370 nutrition under certain circumstances; amending s.
2371 468.603, F.S.; revising which inspectors are included
2372 in the definition of the term “categories of building
2373 code inspectors”; amending s. 468.609, F.S.; revising
2374 certain experience requirements for a person to take
2375 the examination for certification; revising the time
2376 period a provisional certificate is valid; amending s.
2377 468.613, F.S.; providing for waiver of specified
2378 requirements for certification under certain
2379 circumstances; amending s. 468.8314, F.S.; requiring
2380 an applicant for a license by endorsement to maintain
2381 a specified insurance policy; requiring the department
2382 to certify an applicant who holds a specified license
2383 issued by another state or territory of the United
2384 States under certain circumstances; amending s.
2385 471.015, F.S.; revising licensure requirements for
2386 engineers who hold specified licenses in another
2387 state; amending s. 473.308, F.S.; deleting continuing
2388 education requirements for license by endorsement for
2389 certified public accountants; amending s. 474.202,
2390 F.S.; revising the definition of the term “limited
2391 service veterinary medical practice” to include
2392 certain procedures; amending s. 474.203, F.S.;
2393 providing an exemption for certain persons whose work
2394 is solely confined to microchip implantation in dogs
2395 and cats; amending s. 474.207, F.S.; revising
2396 education requirements for licensure by examination;
2397 amending s. 474.217, F.S.; requiring the department to
2398 issue a license by endorsement to certain applicants
2399 who successfully complete a specified examination;
2400 amending s. 476.114, F.S.; revising training
2401 requirements for licensure as a barber; amending s.
2402 476.144, F.S.; requiring the department to certify as
2403 qualified for licensure by endorsement an applicant
2404 who is licensed to practice barbering in another
2405 state; amending s. 477.013, F.S.; revising the
2406 definition of the term “hair braiding”; repealing s.
2407 477.0132, F.S., relating to registration for hair
2408 braiding, hair wrapping, and body wrapping; amending
2409 s. 477.0135, F.S.; providing additional exemptions
2410 from license or registration requirements for
2411 specified occupations or practices; amending s.
2412 477.019, F.S.; deleting a provision prohibiting the
2413 Board of Cosmetology from asking for proof of certain
2414 educational hours under certain circumstances;
2415 conforming provisions to changes made by the act;
2416 amending s. 477.0201, F.S.; providing requirements for
2417 registration as a specialist; amending s. 477.026,
2418 F.S.; conforming provisions to changes made by the
2419 act; amending s. 477.0263, F.S.; providing that
2420 certain cosmetology services may be performed in a
2421 location other than a licensed salon under certain
2422 circumstances; amending ss. 477.0265 and 477.029,
2423 F.S.; conforming provisions to changes made by the
2424 act; amending s. 481.201, F.S.; deleting legislative
2425 findings relating to the practice of interior design;
2426 amending s. 481.203, F.S.; revising and deleting
2427 definitions; amending s. 481.205, F.S.; conforming
2428 provisions to changes made by the act; amending s.
2429 481.207, F.S.; revising certain fees for interior
2430 designers; conforming provisions to changes made by
2431 the act; amending s. 481.209, F.S.; providing
2432 requirements for a certificate of registration and a
2433 seal for interior designers; specifying that certain
2434 persons who are already licensed as interior designers
2435 are eligible to obtain a certificate of registration;
2436 conforming provisions to changes made by the act;
2437 amending s. 481.213, F.S.; revising requirements for
2438 certification of licensure by endorsement for a
2439 certain licensee to engage in the practice of
2440 architecture; providing that a certificate of
2441 registration is not required for specified persons to
2442 practice; conforming provisions to changes made by the
2443 act; amending s. 481.2131, F.S.; revising who may
2444 perform interior design; requiring certain interior
2445 designers to include a specified seal when submitting
2446 documents for the issuance of a building permit under
2447 certain circumstances; amending s. 481.215, F.S.;
2448 conforming provisions to changes made by the act;
2449 revising the number of hours of specified courses the
2450 board must require for the renewal of a license or
2451 certificate of registration; authorizing licensees to
2452 complete certain courses online; amending s. 481.217,
2453 F.S.; conforming provisions to changes made by the
2454 act; amending s. 481.219, F.S.; deleting provisions
2455 permitting the practice of or offer to practice
2456 interior design through certain business
2457 organizations; deleting provisions requiring
2458 certificates of authorization for certain business
2459 organizations offering interior design services to the
2460 public; requiring a licensee or applicant in the
2461 practice of architecture to qualify as a business
2462 organization; providing requirements; amending s.
2463 481.221, F.S.; conforming provisions to changes made
2464 by the act; requiring registered architects and
2465 certain business organizations to display certain
2466 license numbers in specified advertisements; amending
2467 s. 481.223, F.S.; providing construction; conforming
2468 provisions to changes made by the act; amending s.
2469 481.2251, F.S.; revising the acts that constitute
2470 grounds for disciplinary actions relating to interior
2471 designers; conforming provisions to changes made by
2472 the act; amending ss. 481.229 and 481.231, F.S.;
2473 conforming provisions to changes made by the act;
2474 amending s. 481.303, F.S.; deleting the definition of
2475 the term “certificate of authorization”; amending s.
2476 481.310, F.S.; providing that an applicant who holds
2477 certain degrees is not required to demonstrate 1 year
2478 of practical experience for licensure; amending s.
2479 481.311, F.S.; revising requirements for certification
2480 of licensure by endorsement for a certain applicant to
2481 engage in the practice of landscape architecture;
2482 amending s. 481.313, F.S.; authorizing a landscape
2483 architect to receive hour-for-hour credit for certain
2484 approved continuing education courses under certain
2485 circumstances; amending s. 481.317, F.S.; conforming
2486 provisions to changes made by the act; amending s.
2487 481.319, F.S.; deleting the requirement for a
2488 certificate of authorization; authorizing landscape
2489 architects to practice in the name of a corporation or
2490 partnership; amending s. 481.321, F.S.; requiring a
2491 landscape architect to display a certain certificate
2492 number in specified advertisements; amending s.
2493 481.329, F.S.; conforming a cross-reference; amending
2494 s. 489.103, F.S.; revising certain contract prices for
2495 exemption; amending s. 489.111, F.S.; revising
2496 provisions relating to eligibility for licensure;
2497 amending s. 489.113, F.S.; providing that applicants
2498 who meet certain requirements are not required to pass
2499 a specified examination; amending s. 489.115, F.S.;
2500 requiring the Construction Industry Licensing Board to
2501 certify any applicant who holds a specified license to
2502 practice contracting issued by another state or
2503 territory of the United States under certain
2504 circumstances; requiring certain applicants to
2505 complete certain training; amending s. 489.511, F.S.;
2506 requiring the board to certify as qualified for
2507 certification by endorsement any applicant who holds a
2508 specified license to practice electrical or alarm
2509 system contracting issued by another state or
2510 territory of the United States under certain
2511 circumstances; requiring certain applicants to
2512 complete certain training; amending s. 489.517, F.S.;
2513 providing a reduction in certain continuing education
2514 hours required for certain contractors; amending s.
2515 489.518, F.S.; requiring a person to have completed a
2516 specified amount of training within a certain time
2517 period to perform the duties of an alarm system agent;
2518 amending s. 492.104, F.S.; conforming provisions to
2519 changes made by the act; amending 492.108, F.S.;
2520 requiring the department to issue a license by
2521 endorsement to any applicant who has held a specified
2522 license to practice geology in another state, trust,
2523 territory, or possession of the United States for a
2524 certain period of time; providing that an applicant
2525 may take the examination required by the board if they
2526 have not met the specified examination requirement;
2527 amending s. 492.111, F.S.; deleting the requirements
2528 for a certificate of authorization for a professional
2529 geologist; amending ss. 492.113 and 492.115, F.S.;
2530 conforming provisions to changes made by the act;
2531 creating s. 509.102, F.S.; defining the term “mobile
2532 food dispensing vehicle”; preempting certain
2533 regulation of mobile food dispensing vehicles to the
2534 state; prohibiting certain entities from prohibiting
2535 mobile food dispensing vehicles from operating within
2536 the entirety of such entities’ jurisdictions;
2537 providing construction and applicability; amending s.
2538 548.003, F.S.; deleting the requirement that the
2539 Florida State Boxing Commission adopt rules relating
2540 to a knockdown timekeeper; amending s. 548.017, F.S.;
2541 deleting the licensure requirement for a timekeeper or
2542 an announcer; amending s. 553.5141, F.S.; conforming
2543 provisions to changes made by the act; amending s.
2544 553.74, F.S.; revising the membership and
2545 qualifications of the Florida Building Commission;
2546 amending s. 823.15, F.S.; authorizing certain persons
2547 to implant dogs and cats with specified microchips
2548 under certain circumstances; authorizing certain
2549 persons to contact the owner of record listed on radio
2550 frequency identification microchips under certain
2551 circumstances; amending ss. 287.055, 558.002, and
2552 725.08 F.S.; conforming provisions to changes made by
2553 the act; providing