Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 474
Ì525354*Î525354
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Albritton) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 290 - 2102
4 and insert:
5 Section 14. Section 455.2278, Florida Statutes, is created
6 to read:
7 455.2278 Restriction on disciplinary action for student
8 loan default.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) “Default” means the failure to repay a student loan
11 according to the terms agreed to in the promissory note.
12 (b) “Delinquency” means the failure to make a student loan
13 payment when it is due.
14 (c) “Student loan” means a federal-guaranteed or state
15 guaranteed loan for the purposes of postsecondary education.
16 (d) “Work-conditional scholarship” means an award of
17 financial aid for a student to further his or her education
18 which imposes an obligation on the student to complete certain
19 work-related requirements to receive or to continue receiving
20 the scholarship.
21 (2) STUDENT LOAN DEFAULT; DELINQUENCY.—The department or a
22 board may not suspend or revoke a license that it has issued to
23 any person who is in default on or delinquent in the payment of
24 his or her student loans solely on the basis of such default or
25 delinquency.
26 (3) WORK-CONDITIONAL SCHOLARSHIP DEFAULT.—The department or
27 a board may not suspend or revoke a license that it has issued
28 to any person who is in default on the satisfaction of the
29 requirements of his or her work-conditional scholarship solely
30 on the basis of such default.
31 Section 15. Paragraph (k) of subsection (1) of section
32 456.072, Florida Statutes, is amended to read:
33 456.072 Grounds for discipline; penalties; enforcement.—
34 (1) The following acts shall constitute grounds for which
35 the disciplinary actions specified in subsection (2) may be
36 taken:
37 (k) Failing to perform any statutory or legal obligation
38 placed upon a licensee. For purposes of this section, failing to
39 repay a student loan issued or guaranteed by the state or the
40 Federal Government in accordance with the terms of the loan is
41 not or failing to comply with service scholarship obligations
42 shall be considered a failure to perform a statutory or legal
43 obligation, and the minimum disciplinary action imposed shall be
44 a suspension of the license until new payment terms are agreed
45 upon or the scholarship obligation is resumed, followed by
46 probation for the duration of the student loan or remaining
47 scholarship obligation period, and a fine equal to 10 percent of
48 the defaulted loan amount. Fines collected shall be deposited
49 into the Medical Quality Assurance Trust Fund.
50 Section 16. Section 456.0721, Florida Statutes, is
51 repealed.
52 Section 17. Subsection (4) of section 456.074, Florida
53 Statutes, is amended to read:
54 456.074 Certain health care practitioners; immediate
55 suspension of license.—
56 (4) Upon receipt of information that a Florida-licensed
57 health care practitioner has defaulted on a student loan issued
58 or guaranteed by the state or the Federal Government, the
59 department shall notify the licensee by certified mail that he
60 or she shall be subject to immediate suspension of license
61 unless, within 45 days after the date of mailing, the licensee
62 provides proof that new payment terms have been agreed upon by
63 all parties to the loan. The department shall issue an emergency
64 order suspending the license of any licensee who, after 45 days
65 following the date of mailing from the department, has failed to
66 provide such proof. Production of such proof shall not prohibit
67 the department from proceeding with disciplinary action against
68 the licensee pursuant to s. 456.073.
69 Section 18. Paragraph (b) of subsection (7) of section
70 468.385, Florida Statutes, is amended to read:
71 468.385 Licenses required; qualifications; examination.—
72 (7)
73 (b) A No business may not shall auction or offer to auction
74 any property in this state unless it is owned by an auctioneer
75 who is licensed as an auction business by the department board
76 or is exempt from licensure under this act. Each application for
77 licensure must shall include the names of the owner and the
78 business, the business mailing address and location, and any
79 other information which the board may require. The owner of an
80 auction business shall report to the board within 30 days of any
81 change in this required information.
82 Section 19. Section 468.401, Florida Statutes, is amended
83 to read:
84 468.401 Regulation of Talent agencies; definitions.—As used
85 in this part, the term or any rule adopted pursuant hereto:
86 (8)(1) “Talent agency” means any person who, for
87 compensation, engages in the occupation or business of procuring
88 or attempting to procure engagements for an artist.
89 (6)(2) “Owner” means any partner in a partnership, member
90 of a firm, or principal officer or officers of a corporation,
91 whose partnership, firm, or corporation owns a talent agency, or
92 any individual who is the sole owner of a talent agency.
93 (3) “Compensation” means any one or more of the following:
94 (a) Any money or other valuable consideration paid or
95 promised to be paid for services rendered by any person
96 conducting the business of a talent agency under this part;
97 (b) Any money received by any person in excess of that
98 which has been paid out by such person for transportation,
99 transfer of baggage, or board and lodging for any applicant for
100 employment; or
101 (c) The difference between the amount of money received by
102 any person who furnishes employees, performers, or entertainers
103 for circus, vaudeville, theatrical, or other entertainments,
104 exhibitions, engagements, or performances and the amount paid by
105 him or her to such employee, performer, or entertainer.
106 (4) “Engagement” means any employment or placement of an
107 artist, where the artist performs in his or her artistic
108 capacity. However, the term “engagement” shall not apply to
109 procuring opera, music, theater, or dance engagements for any
110 organization defined in s. 501(c)(3) of the Internal Revenue
111 Code or any nonprofit Florida arts organization that has
112 received a grant from the Division of Cultural Affairs of the
113 Department of State or has participated in the state touring
114 program of the Division of Cultural Affairs.
115 (5) “Department” means the Department of Business and
116 Professional Regulation.
117 (5)(6) “Operator” means the person who is or who will be in
118 actual charge of a talent agency.
119 (2)(7) “Buyer” or “employer” means a person, company,
120 partnership, or corporation that uses the services of a talent
121 agency to provide artists.
122 (1)(8) “Artist” means a person performing on the
123 professional stage or in the production of television, radio, or
124 motion pictures; a musician or group of musicians; or a model.
125 (7)(9) “Person” means any individual, company, society,
126 firm, partnership, association, corporation, manager, or any
127 agent or employee of any of the foregoing.
128 (10) “License” means a license issued by the Department of
129 Business and Professional Regulation to carry on the business of
130 a talent agency under this part.
131 (11) “Licensee” means a talent agency which holds a valid
132 unrevoked and unforfeited license issued under this part.
133 Section 20. Section 468.402, Florida Statutes, is repealed.
134 Section 21. Section 468.403, Florida Statutes, is repealed.
135 Section 22. Section 468.404, Florida Statutes, is repealed.
136 Section 23. Section 468.405, Florida Statutes, is repealed.
137 Section 24. Subsection (1) of section 468.406, Florida
138 Statutes, is amended to read:
139 468.406 Fees to be charged by talent agencies; rates;
140 display.—
141 (1) Each owner or operator of a talent agency shall post in
142 a conspicuous place in each place of business of the agency
143 applicant for a license shall file with the application an
144 itemized schedule of maximum fees, charges, and commissions that
145 which it intends to charge and collect for its services. The
146 This schedule may thereafter be raised only by filing with the
147 department an amended or supplemental schedule at least 30 days
148 before the change is to become effective. The schedule shall be
149 posted in a conspicuous place in each place of business of the
150 agency and shall be printed in not less than a 30-point
151 boldfaced type, except that an agency that uses written
152 contracts containing maximum fee schedules need not post such
153 schedules.
154 Section 25. Section 468.407, Florida Statutes, is repealed.
155 Section 26. Subsection (1) of section 468.408, Florida
156 Statutes, is amended to read:
157 468.408 Bond required.—
158 (1) An owner or operator of a There shall be filed with the
159 department for each talent agency shall obtain license a bond in
160 the form of a surety by a reputable company engaged in the
161 bonding business and authorized to do business in this state.
162 The bond shall be for the penal sum of $5,000, with one or more
163 sureties to be approved by the department, and be conditioned
164 that the owner or operator of the talent agency applicant
165 conform to and not violate any of the duties, terms, conditions,
166 provisions, or requirements of this part. Such bond may not be
167 issued or renewed by the bonding agency unless each owner or
168 operator of a talent agency submits fingerprints to the
169 Department of Law Enforcement for a state criminal history
170 record check and to the Federal Bureau of Investigation for a
171 national criminal history record check, and the bonding agency
172 verifies by examination of the criminal history records checks
173 that each owner or operator has not been convicted of a crime
174 that would require registration as a sexual offender, as
175 required in s. 943.0435 or s. 944.607, or as a sexual predator,
176 as required under s. 775.21.
177 (a) If any person is aggrieved by the misconduct of any
178 talent agency, the person may maintain an action in his or her
179 own name upon the bond of the agency in any court having
180 jurisdiction of the amount claimed. All such claims shall be
181 assignable, and the assignee shall be entitled to the same
182 remedies, upon the bond of the agency or otherwise, as the
183 person aggrieved would have been entitled to if such claim had
184 not been assigned. Any claim or claims so assigned may be
185 enforced in the name of such assignee.
186 (b) The bonding company shall notify the talent agency
187 department of any claim against such bond, and a copy of such
188 notice shall be sent to the talent agency against which the
189 claim is made.
190 Section 27. Section 468.409, Florida Statutes, is amended
191 to read:
192 468.409 Records required to be kept.—Each talent agency
193 shall keep on file the application, registration, or contract of
194 each artist. In addition, such file must include the name and
195 address of each artist, the amount of the compensation received,
196 and all attempts to procure engagements for the artist. No such
197 agency or employee thereof shall knowingly make any false entry
198 in applicant files or receipt files. Each card or document in
199 such files shall be preserved for a period of 1 year after the
200 date of the last entry thereon. Records required under this
201 section shall be readily available for inspection by the
202 department during reasonable business hours at the talent
203 agency’s principal office. A talent agency must provide the
204 department with true copies of the records in the manner
205 prescribed by the department.
206 Section 28. Subsection (3) of section 468.410, Florida
207 Statutes, is amended to read:
208 468.410 Prohibition against registration fees; referral.—
209 (3) A talent agency shall give each applicant a copy of a
210 contract, within 24 hours after the contract’s execution, which
211 lists the services to be provided and the fees to be charged.
212 The contract shall state that the talent agency is regulated by
213 the department and shall list the address and telephone number
214 of the department.
215 Section 29. Present subsections (4) through (11) of section
216 468.412, Florida Statutes, are redesignated as subsections (3)
217 through (10), respectively, and present subsections (2), (3),
218 (4), (6), and (11) of that section are amended to read:
219 468.412 Talent agency regulations; prohibited acts.—
220 (2) Each talent agency shall keep records in which shall be
221 entered:
222 (a) The name and address of each artist employing such
223 talent agency.;
224 (b) The amount of fees received from each such artist.;
225 (c) The employment in which each such artist is engaged at
226 the time of employing such talent agency and the amount of
227 compensation of the artist in such employment, if any, and the
228 employments subsequently secured by such artist during the term
229 of the contract between the artist and the talent agency and the
230 amount of compensation received by the artist pursuant thereto.;
231 and
232 (d) Other information which the department may require from
233 time to time.
234 (3) All books, records, and other papers kept pursuant to
235 this act by any talent agency shall be open at all reasonable
236 hours to the inspection of the department and its agents. Each
237 talent agency shall furnish to the department, upon request, a
238 true copy of such books, records, and papers, or any portion
239 thereof, and shall make such reports as the department may
240 prescribe from time to time.
241 (3)(4) Each talent agency shall post in a conspicuous place
242 in the office of such talent agency a printed copy of this part
243 and of the rules adopted under this part. Such copies shall also
244 contain the name and address of the officer charged with
245 enforcing this part. The department shall furnish to talent
246 agencies printed copies of any statute or rule required to be
247 posted under this subsection.
248 (5)(6) A No talent agency may not publish or cause to be
249 published any false, fraudulent, or misleading information,
250 representation, notice, or advertisement. All advertisements of
251 a talent agency by means of card, circulars, or signs, and in
252 newspapers and other publications, and all letterheads,
253 receipts, and blanks shall be printed and contain the licensed
254 name, department license number, and address of the talent
255 agency and the words “talent agency.” A No talent agency may not
256 give any false information or make any false promises or
257 representations concerning an engagement or employment to any
258 applicant who applies for an engagement or employment.
259 (10)(11) A talent agency may assign an engagement contract
260 to another talent agency licensed in this state only if the
261 artist agrees in writing to the assignment. The assignment must
262 occur, and written notice of the assignment must be given to the
263 artist, within 30 days after the artist agrees in writing to the
264 assignment.
265 Section 30. Section 468.413, Florida Statutes, is amended
266 to read:
267 468.413 Legal requirements; penalties.—
268 (1) Each of the following acts constitutes a felony of the
269 third degree, punishable as provided in s. 775.082, s. 775.083,
270 or s. 775.084:
271 (a) Owning or operating, or soliciting business as, a
272 talent agency in this state without first procuring a license
273 from the department.
274 (b) Obtaining or attempting to obtain a license by means of
275 fraud, misrepresentation, or concealment.
276 (1)(2) Each of the following acts constitutes a misdemeanor
277 of the second degree, punishable as provided in s. 775.082 or s.
278 775.083:
279 (a) Relocating a business as a talent agency, or operating
280 under any name other than that designated on the license, unless
281 written notification is given to the department and to the
282 surety or sureties on the original bond, and unless the license
283 is returned to the department for the recording thereon of such
284 changes.
285 (b) Assigning or attempting to assign a license issued
286 under this part.
287 (c) Failing to show on a license application whether or not
288 the agency or any owner of the agency is financially interested
289 in any other business of like nature and, if so, failing to
290 specify such interest or interests.
291 (a)(d) Failing to maintain the records required by s.
292 468.409 or knowingly making false entries in such records.
293 (b)(e) Requiring as a condition to registering or obtaining
294 employment or placement for any applicant that the applicant
295 subscribe to, purchase, or attend any publication, postcard
296 service, advertisement, resume service, photography service,
297 school, acting school, workshop, or acting workshop.
298 (c)(f) Failing to give each applicant a copy of a contract
299 which lists the services to be provided and the fees to be
300 charged by, which states that the talent agency is regulated by
301 the department, and which lists the address and telephone number
302 of the department.
303 (d)(g) Failing to maintain a record sheet as required by s.
304 468.412(1).
305 (e)(h) Knowingly sending or causing to be sent any artist
306 to a prospective employer or place of business, the character or
307 operation of which employer or place of business the talent
308 agency knows to be in violation of the laws of the United States
309 or of this state.
310 (3) The court may, in addition to other punishment provided
311 for in subsection (2), suspend or revoke the license of any
312 licensee under this part who has been found guilty of any
313 misdemeanor listed in subsection (2).
314 (2)(4) In the event that the department or any state
315 attorney shall have probable cause to believe that a talent
316 agency or other person has violated any provision of subsection
317 (1), an action may be brought by the department or any state
318 attorney to enjoin such talent agency or any person from
319 continuing such violation, or engaging therein or doing any acts
320 in furtherance thereof, and for such other relief as to the
321 court seems appropriate. In addition to this remedy, the
322 department may assess a penalty against any talent agency or any
323 person in an amount not to exceed $5,000.
324 Section 31. Section 468.414, Florida Statutes, is repealed.
325 Section 32. Section 468.415, Florida Statutes, is amended
326 to read:
327 468.415 Sexual misconduct in the operation of a talent
328 agency.—The talent agent-artist relationship is founded on
329 mutual trust. Sexual misconduct in the operation of a talent
330 agency means violation of the talent agent-artist relationship
331 through which the talent agent uses the relationship to induce
332 or attempt to induce the artist to engage or attempt to engage
333 in sexual activity. Sexual misconduct is prohibited in the
334 operation of a talent agency. If Any agent, owner, or operator
335 of a licensed talent agency who commits is found to have
336 committed sexual misconduct in the operation of a talent agency,
337 the agency license shall be permanently revoked. Such agent,
338 owner, or operator shall be permanently prohibited from acting
339 disqualified from present and future licensure as an agent,
340 owner, or operator of a Florida talent agency.
341 Section 33. Paragraph (n) is added to subsection (1) of
342 section 468.505, Florida Statutes, to read:
343 468.505 Exemptions; exceptions.—
344 (1) Nothing in this part may be construed as prohibiting or
345 restricting the practice, services, or activities of:
346 (n) A person who provides information, recommendations, or
347 advice concerning nutrition, or who markets food, food
348 materials, or dietary supplements for remuneration, if that
349 person does not represent himself or herself as a dietitian,
350 licensed dietitian, registered dietitian, licensed nutritionist,
351 nutrition counselor, or licensed nutrition counselor, or use any
352 word, letter, symbol, or insignia indicating or implying that he
353 or she is a dietitian, nutritionist, or nutrition counselor.
354 Section 34. Subsection (4) of section 468.524, Florida
355 Statutes, is amended to read:
356 468.524 Application for license.—
357 (4) A An applicant or licensee is ineligible to reapply for
358 a license for a period of 1 year following final agency action
359 on the denial or revocation of a license applied for or issued
360 under this part. This time restriction does not apply to
361 administrative denials or revocations entered because:
362 (a) The applicant or licensee has made an inadvertent error
363 or omission on the application;
364 (b) The experience documented to the board was insufficient
365 at the time of the previous application; or
366 (c) The department is unable to complete the criminal
367 background investigation because of insufficient information
368 from the Florida Department of Law Enforcement, the Federal
369 Bureau of Investigation, or any other applicable law enforcement
370 agency;
371 (c)(d) The applicant or licensee has failed to submit
372 required fees.; or
373 (e) An applicant or licensed employee leasing company has
374 been deemed ineligible for a license because of the lack of good
375 moral character of an individual or individuals when such
376 individual or individuals are no longer employed in a capacity
377 that would require their licensing under this part.
378 Section 35. Paragraph (f) of subsection (5) of section
379 468.603, Florida Statutes, is amended to read:
380 468.603 Definitions.—As used in this part:
381 (5) “Categories of building code inspectors” include the
382 following:
383 (f) “Residential One and two family dwelling inspector”
384 means a person who is qualified to inspect and determine that
385 one-family, two-family, or three-family residences not exceeding
386 two habitable stories above no more than one uninhabitable story
387 and accessory use structures in connection therewith one and two
388 family dwellings and accessory structures are constructed in
389 accordance with the provisions of the governing building,
390 plumbing, mechanical, accessibility, and electrical codes.
391 Section 36. Paragraph (c) of subsection (2) and paragraph
392 (a) of subsection (7) of section 468.609, Florida Statutes, are
393 amended to read:
394 468.609 Administration of this part; standards for
395 certification; additional categories of certification.—
396 (2) A person may take the examination for certification as
397 a building code inspector or plans examiner pursuant to this
398 part if the person:
399 (c) Meets eligibility requirements according to one of the
400 following criteria:
401 1. Demonstrates 4 5 years’ combined experience in the field
402 of construction or a related field, building code inspection, or
403 plans review corresponding to the certification category sought;
404 2. Demonstrates a combination of postsecondary education in
405 the field of construction or a related field and experience
406 which totals 3 4 years, with at least 1 year of such total being
407 experience in construction, building code inspection, or plans
408 review;
409 3. Demonstrates a combination of technical education in the
410 field of construction or a related field and experience which
411 totals 3 4 years, with at least 1 year of such total being
412 experience in construction, building code inspection, or plans
413 review;
414 4. Currently holds a standard certificate issued by the
415 board or a firesafety inspector license issued pursuant to
416 chapter 633, has a minimum of 3 years’ verifiable full-time
417 experience in inspection or plan review, and has satisfactorily
418 completed a building code inspector or plans examiner training
419 program that provides at least 100 hours but not more than 200
420 hours of cross-training in the certification category sought.
421 The board shall establish by rule criteria for the development
422 and implementation of the training programs. The board shall
423 accept all classroom training offered by an approved provider if
424 the content substantially meets the intent of the classroom
425 component of the training program;
426 5. Demonstrates a combination of the completion of an
427 approved training program in the field of building code
428 inspection or plan review and a minimum of 2 years’ experience
429 in the field of building code inspection, plan review, fire code
430 inspections and fire plans review of new buildings as a
431 firesafety inspector certified under s. 633.216, or
432 construction. The approved training portion of this requirement
433 shall include proof of satisfactory completion of a training
434 program that provides at least 200 hours but not more than 300
435 hours of cross-training that is approved by the board in the
436 chosen category of building code inspection or plan review in
437 the certification category sought with at least 20 hours but not
438 more than 30 hours of instruction in state laws, rules, and
439 ethics relating to professional standards of practice, duties,
440 and responsibilities of a certificateholder. The board shall
441 coordinate with the Building Officials Association of Florida,
442 Inc., to establish by rule the development and implementation of
443 the training program. However, the board shall accept all
444 classroom training offered by an approved provider if the
445 content substantially meets the intent of the classroom
446 component of the training program;
447 6. Currently holds a standard certificate issued by the
448 board or a firesafety inspector license issued pursuant to
449 chapter 633 and:
450 a. Has at least 4 5 years’ verifiable full-time experience
451 as an inspector or plans examiner in a standard certification
452 category currently held or has a minimum of 4 5 years’
453 verifiable full-time experience as a firesafety inspector
454 licensed pursuant to chapter 633.
455 b. Has satisfactorily completed a building code inspector
456 or plans examiner classroom training course or program that
457 provides at least 200 but not more than 300 hours in the
458 certification category sought, except for one-family and two
459 family dwelling training programs, which must provide at least
460 500 but not more than 800 hours of training as prescribed by the
461 board. The board shall establish by rule criteria for the
462 development and implementation of classroom training courses and
463 programs in each certification category; or
464 7.a. Has completed a 4-year internship certification
465 program as a building code inspector or plans examiner while
466 employed full-time by a municipality, county, or other
467 governmental jurisdiction, under the direct supervision of a
468 certified building official. Proof of graduation with a related
469 vocational degree or college degree or of verifiable work
470 experience may be exchanged for the internship experience
471 requirement year-for-year, but may reduce the requirement to no
472 less than 1 year.
473 b. Has passed an examination administered by the
474 International Code Council in the certification category sought.
475 Such examination must be passed before beginning the internship
476 certification program.
477 c. Has passed the principles and practice examination
478 before completing the internship certification program.
479 d. Has passed a board-approved 40-hour code training course
480 in the certification category sought before completing the
481 internship certification program.
482 e. Has obtained a favorable recommendation from the
483 supervising building official after completion of the internship
484 certification program.
485 (7)(a) The board shall provide for the issuance of
486 provisional certificates valid for 2 years 1 year, as specified
487 by board rule, to any building code inspector or plans examiner
488 who meets the eligibility requirements described in subsection
489 (2) and any newly employed or promoted building code
490 administrator who meets the eligibility requirements described
491 in subsection (3). The provisional license may be renewed by the
492 board for just cause; however, a provisional license is not
493 valid for longer than 3 years.
494 Section 37. Section 468.613, Florida Statutes, is amended
495 to read:
496 468.613 Certification by endorsement.—The board shall
497 examine other certification or training programs, as applicable,
498 upon submission to the board for its consideration of an
499 application for certification by endorsement. The board shall
500 waive its examination, qualification, education, or training
501 requirements, to the extent that such examination,
502 qualification, education, or training requirements of the
503 applicant are determined by the board to be comparable with
504 those established by the board. The board shall waive its
505 examination, qualification, education, or training requirements
506 if an applicant for certification by endorsement is at least 18
507 years of age; is of good moral character; has held a valid
508 building administrator, inspector, plans examiner, or the
509 equivalent, certification issued by another state or territory
510 of the United States for at least 10 years before the date of
511 application; and has successfully passed an applicable
512 examination administered by the International Code Council. Such
513 application must be made either when the license in another
514 state or territory is active or within 2 years after such
515 license was last active.
516 Section 38. Subsection (3) of section 468.8314, Florida
517 Statutes, is amended to read:
518 468.8314 Licensure.—
519 (3) The department shall certify as qualified for a license
520 by endorsement an applicant who is of good moral character as
521 determined in s. 468.8313, who maintains an insurance policy as
522 required by s. 468.8322, and who:;
523 (a) Holds a valid license to practice home inspection
524 services in another state or territory of the United States,
525 whose educational requirements are substantially equivalent to
526 those required by this part; and has passed a national,
527 regional, state, or territorial licensing examination that is
528 substantially equivalent to the examination required by this
529 part; or
530 (b) Has held a valid license to practice home inspection
531 services issued by another state or territory of the United
532 States for at least 10 years before the date of application.
533 Such application must be made either when the license in another
534 state or territory is active or within 2 years after such
535 license was last active.
536 Section 39. Subsection (5) of section 471.015, Florida
537 Statutes, is amended to read:
538 471.015 Licensure.—
539 (5)(a) The board shall deem that an applicant who seeks
540 licensure by endorsement has passed an examination substantially
541 equivalent to the fundamentals examination when such applicant
542 has held a valid professional engineer’s license in another
543 state for 10 15 years and has had 20 years of continuous
544 professional-level engineering experience.
545 (b) The board shall deem that an applicant who seeks
546 licensure by endorsement has passed an examination substantially
547 equivalent to the fundamentals examination and the principles
548 and practices examination when such applicant has held a valid
549 professional engineer’s license in another state for 15 25 years
550 and has had 30 years of continuous professional-level
551 engineering experience.
552 Section 40. Subsection (7) of section 473.308, Florida
553 Statutes, is amended to read:
554 473.308 Licensure.—
555 (7) The board shall certify as qualified for a license by
556 endorsement an applicant who:
557 (a)1. Is not licensed and has not been licensed in another
558 state or territory and who has met the requirements of this
559 section for education, work experience, and good moral character
560 and has passed a national, regional, state, or territorial
561 licensing examination that is substantially equivalent to the
562 examination required by s. 473.306; or and
563 2. Has completed such continuing education courses as the
564 board deems appropriate, within the limits for each applicable
565 2-year period as set forth in s. 473.312, but at least such
566 courses as are equivalent to the continuing education
567 requirements for a Florida certified public accountant licensed
568 in this state during the 2 years immediately preceding her or
569 his application for licensure by endorsement; or
570 (b)1.a. Holds a valid license to practice public accounting
571 issued by another state or territory of the United States, if
572 the criteria for issuance of such license were substantially
573 equivalent to the licensure criteria that existed in this state
574 at the time the license was issued;
575 2.b. Holds a valid license to practice public accounting
576 issued by another state or territory of the United States but
577 the criteria for issuance of such license did not meet the
578 requirements of subparagraph 1. sub-subparagraph a.; has met the
579 requirements of this section for education, work experience, and
580 good moral character; and has passed a national, regional,
581 state, or territorial licensing examination that is
582 substantially equivalent to the examination required by s.
583 473.306; or
584 3.c. Holds a valid license to practice public accounting
585 issued by another state or territory of the United States for at
586 least 10 years before the date of application; has passed a
587 national, regional, state, or territorial licensing examination
588 that is substantially equivalent to the examination required by
589 s. 473.306; and has met the requirements of this section for
590 good moral character; and
591 2. Has completed continuing education courses that are
592 equivalent to the continuing education requirements for a
593 Florida certified public accountant licensed in this state
594 during the 2 years immediately preceding her or his application
595 for licensure by endorsement.
596 Section 41. Subsection (6) of section 474.202, Florida
597 Statutes, is amended to read:
598 474.202 Definitions.—As used in this chapter:
599 (6) “Limited-service veterinary medical practice” means
600 offering or providing veterinary services at any location that
601 has a primary purpose other than that of providing veterinary
602 medical service at a permanent or mobile establishment permitted
603 by the board; provides veterinary medical services for privately
604 owned animals that do not reside at that location; operates for
605 a limited time; and provides limited types of veterinary medical
606 services, including vaccinations or immunizations against
607 disease, preventative procedures for parasitic control, and
608 microchipping.
609 Section 42. Paragraph (b) of subsection (2) of section
610 474.207, Florida Statutes, is amended to read:
611 474.207 Licensure by examination.—
612 (2) The department shall license each applicant who the
613 board certifies has:
614 (b)1. Graduated from a college of veterinary medicine
615 accredited by the American Veterinary Medical Association
616 Council on Education; or
617 2. Graduated from a college of veterinary medicine listed
618 in the American Veterinary Medical Association Roster of
619 Veterinary Colleges of the World and obtained a certificate from
620 the Education Commission for Foreign Veterinary Graduates or the
621 Program for the Assessment of Veterinary Education Equivalence.
622
623 The department shall not issue a license to any applicant who is
624 under investigation in any state or territory of the United
625 States or in the District of Columbia for an act which would
626 constitute a violation of this chapter until the investigation
627 is complete and disciplinary proceedings have been terminated,
628 at which time the provisions of s. 474.214 shall apply.
629 Section 43. Subsection (1) of section 474.217, Florida
630 Statutes, is amended to read:
631 474.217 Licensure by endorsement.—
632 (1) The department shall issue a license by endorsement to
633 any applicant who, upon applying to the department and remitting
634 a fee set by the board, demonstrates to the board that she or
635 he:
636 (a) Has demonstrated, in a manner designated by rule of the
637 board, knowledge of the laws and rules governing the practice of
638 veterinary medicine in this state; and
639 (b)1. Either Holds, and has held for the 3 years
640 immediately preceding the application for licensure, a valid,
641 active license to practice veterinary medicine in another state
642 of the United States, the District of Columbia, or a territory
643 of the United States, provided that the applicant has
644 successfully completed a state, regional, national, or other
645 examination that is equivalent to or more stringent than the
646 examination required by the board requirements for licensure in
647 the issuing state, district, or territory are equivalent to or
648 more stringent than the requirements of this chapter; or
649 2. Meets the qualifications of s. 474.207(2)(b) and has
650 successfully completed a state, regional, national, or other
651 examination which is equivalent to or more stringent than the
652 examination given by the department and has passed the board’s
653 clinical competency examination or another clinical competency
654 examination specified by rule of the board.
655 Section 44. Effective January 1, 2021, subsection (2) of
656 section 476.114, Florida Statutes, is amended to read:
657 476.114 Examination; prerequisites.—
658 (2) An applicant shall be eligible for licensure by
659 examination to practice barbering if the applicant:
660 (a) Is at least 16 years of age;
661 (b) Pays the required application fee; and
662 (c)1. Holds an active valid license to practice barbering
663 in another state, has held the license for at least 1 year, and
664 does not qualify for licensure by endorsement as provided for in
665 s. 476.144(5); or
666 2. Has received a minimum of 900 1,200 hours of training in
667 sanitation, safety, and laws and rules, as established by the
668 board, which shall include, but shall not be limited to, the
669 equivalent of completion of services directly related to the
670 practice of barbering at one of the following:
671 a. A school of barbering licensed pursuant to chapter 1005;
672 b. A barbering program within the public school system; or
673 c. A government-operated barbering program in this state.
674
675 The board shall establish by rule procedures whereby the school
676 or program may certify that a person is qualified to take the
677 required examination after the completion of a minimum of 600
678 1,000 actual school hours. If the person passes the examination,
679 she or he shall have satisfied this requirement; but if the
680 person fails the examination, she or he shall not be qualified
681 to take the examination again until the completion of the full
682 requirements provided by this section.
683 Section 45. Subsection (5) of section 476.144, Florida
684 Statutes, is amended to read:
685 476.144 Licensure.—
686 (5) The board shall certify as qualified for licensure by
687 endorsement as a barber in this state an applicant who holds a
688 current active license to practice barbering in another state.
689 The board shall adopt rules specifying procedures for the
690 licensure by endorsement of practitioners desiring to be
691 licensed in this state who hold a current active license in
692 another state or country and who have met qualifications
693 substantially similar to, equivalent to, or greater than the
694 qualifications required of applicants from this state.
695 Section 46. Subsection (9) of section 477.013, Florida
696 Statutes, is amended to read:
697 477.013 Definitions.—As used in this chapter:
698 (9) “Hair braiding” means the weaving or interweaving of
699 natural human hair or commercial hair, including the use of hair
700 extensions or wefts, for compensation without cutting, coloring,
701 permanent waving, relaxing, removing, or chemical treatment and
702 does not include the use of hair extensions or wefts.
703 Section 47. Section 477.0132, Florida Statutes, is
704 repealed.
705 Section 48. Subsections (7) through (11) are added to
706 section 477.0135, Florida Statutes, to read:
707 477.0135 Exemptions.—
708 (7) A license or registration is not required for a person
709 whose occupation or practice is confined solely to hair braiding
710 as defined in s. 477.013(9).
711 (8) A license or registration is not required for a person
712 whose occupation or practice is confined solely to hair wrapping
713 as defined in s. 477.013(10).
714 (9) A license or registration is not required for a person
715 whose occupation or practice is confined solely to body wrapping
716 as defined in s. 477.013(12).
717 (10) A license or registration is not required for a person
718 whose occupation or practice is confined solely to applying
719 polish to fingernails and toenails.
720 (11) A license or registration is not required for a person
721 whose occupation or practice is confined solely to the
722 application or removal of any external preparation which is
723 intended to cleanse, tone, color or beautify the face or neck,
724 including, but not limited to, skin cleansers, astringents, skin
725 fresheners, lipstick, eyeliner, eye shadow, foundation, rouge or
726 check color, mascara, face powder or corrective stick, and other
727 cosmetic products as defined by the board by rule.
728 Section 49. Subsections (6) and (7) of section 477.019,
729 Florida Statutes, are amended to read:
730 477.019 Cosmetologists; qualifications; licensure;
731 supervised practice; license renewal; endorsement; continuing
732 education.—
733 (6) The board shall certify as qualified for licensure by
734 endorsement as a cosmetologist in this state an applicant who
735 holds a current active license to practice cosmetology in
736 another state. The board may not require proof of educational
737 hours if the license was issued in a state that requires 1,200
738 or more hours of prelicensure education and passage of a written
739 examination. This subsection does not apply to applicants who
740 received their license in another state through an
741 apprenticeship program.
742 (7)(a) The board shall prescribe by rule continuing
743 education requirements intended to ensure protection of the
744 public through updated training of licensees and registered
745 specialists, not to exceed 10 16 hours biennially, as a
746 condition for renewal of a license or registration as a
747 specialist under this chapter. Continuing education courses
748 shall include, but not be limited to, the following subjects as
749 they relate to the practice of cosmetology: human
750 immunodeficiency virus and acquired immune deficiency syndrome;
751 Occupational Safety and Health Administration regulations;
752 workers’ compensation issues; state and federal laws and rules
753 as they pertain to cosmetologists, cosmetology, salons,
754 specialists, specialty salons, and booth renters; chemical
755 makeup as it pertains to hair, skin, and nails; and
756 environmental issues. Courses given at cosmetology conferences
757 may be counted toward the number of continuing education hours
758 required if approved by the board.
759 (b) Any person whose occupation or practice is confined
760 solely to hair braiding, hair wrapping, or body wrapping is
761 exempt from the continuing education requirements of this
762 subsection.
763 (c) The board may, by rule, require any licensee in
764 violation of a continuing education requirement to take a
765 refresher course or refresher course and examination in addition
766 to any other penalty. The number of hours for the refresher
767 course may not exceed 48 hours.
768 Section 50. Effective January 1, 2021, subsection (1) of
769 section 477.0201, Florida Statutes, is amended to read:
770 477.0201 Specialty registration; qualifications;
771 registration renewal; endorsement.—
772 (1) Any person is qualified for registration as a
773 specialist in any one or more of the specialty practice
774 practices within the practice of cosmetology under this chapter
775 who:
776 (a) Is at least 16 years of age or has received a high
777 school diploma.
778 (b) Has received a certificate of completion for: in a
779 1. One hundred and eighty hours of training, as established
780 by the board, which shall focus primarily on sanitation and
781 safety, to practice specialties as defined in s. 477.013(6)(a)
782 and (b); specialty pursuant to s. 477.013(6)
783 2. Two hundred and twenty hours of training, as established
784 by the board, which shall focus primarily on sanitation and
785 safety, to practice the specialty as defined in s.
786 477.013(6)(c); or
787 3. Four hundred hours of training or the number of hours of
788 training required to maintain minimum Pell Grant requirements,
789 as established by the board, which shall focus primarily on
790 sanitation and safety, to practice the specialties as defined in
791 s. 477.013(6)(a)-(c).
792 (c) The certificate of completion specified in paragraph
793 (b) must be from one of the following:
794 1. A school licensed pursuant to s. 477.023.
795 2. A school licensed pursuant to chapter 1005 or the
796 equivalent licensing authority of another state.
797 3. A specialty program within the public school system.
798 4. A specialty division within the Cosmetology Division of
799 the Florida School for the Deaf and the Blind, provided the
800 training programs comply with minimum curriculum requirements
801 established by the board.
802 Section 51. Paragraph (f) of subsection (1) of section
803 477.026, Florida Statutes, is amended to read:
804 477.026 Fees; disposition.—
805 (1) The board shall set fees according to the following
806 schedule:
807 (f) For hair braiders, hair wrappers, and body wrappers,
808 fees for registration shall not exceed $25.
809 Section 52. Subsection (4) of section 477.0263, Florida
810 Statutes, is amended, and subsection (5) is added to that
811 section, to read:
812 477.0263 Cosmetology services to be performed in licensed
813 salon; exceptions.—
814 (4) Pursuant to rules adopted by the board, any cosmetology
815 or specialty service may be performed in a location other than a
816 licensed salon when the service is performed in connection with
817 a special event and is performed by a person who is employed by
818 a licensed salon and who holds the proper license or specialty
819 registration. An appointment for the performance of any such
820 service in a location other than a licensed salon must be made
821 through a licensed salon.
822 (5) Hair shampooing, hair cutting, hair arranging, makeup
823 application, nail polish removal, nail filing, nail buffing, and
824 nail cleansing may be performed in a location other than a
825 licensed salon when the service is performed by a person who
826 holds the proper license.
827 Section 53. Paragraph (f) of subsection (1) of section
828 477.0265, Florida Statutes, is amended to read:
829 477.0265 Prohibited acts.—
830 (1) It is unlawful for any person to:
831 (f) Advertise or imply that skin care services or body
832 wrapping, as performed under this chapter, have any relationship
833 to the practice of massage therapy as defined in s. 480.033(3),
834 except those practices or activities defined in s. 477.013.
835 Section 54. Paragraph (a) of subsection (1) of section
836 477.029, Florida Statutes, is amended to read:
837 477.029 Penalty.—
838 (1) It is unlawful for any person to:
839 (a) Hold himself or herself out as a cosmetologist or,
840 specialist, hair wrapper, hair braider, or body wrapper unless
841 duly licensed or registered, or otherwise authorized, as
842 provided in this chapter.
843 Section 55. Section 481.201, Florida Statutes, is amended
844 to read:
845 481.201 Purpose.—The primary legislative purpose for
846 enacting this part is to ensure that every architect practicing
847 in this state meets minimum requirements for safe practice. It
848 is the legislative intent that architects who fall below minimum
849 competency or who otherwise present a danger to the public shall
850 be prohibited from practicing in this state. The Legislature
851 further finds that it is in the interest of the public to limit
852 the practice of interior design to interior designers or
853 architects who have the design education and training required
854 by this part or to persons who are exempted from the provisions
855 of this part.
856 Section 56. Section 481.203, Florida Statutes, is reordered
857 and amended to read:
858 481.203 Definitions.—As used in this part, the term:
859 (3)(1) “Board” means the Board of Architecture and Interior
860 Design.
861 (7)(2) “Department” means the Department of Business and
862 Professional Regulation.
863 (1)(3) “Architect” or “registered architect” means a
864 natural person who is licensed under this part to engage in the
865 practice of architecture.
866 (5)(4) “Certificate of registration” means a license or
867 registration issued by the department to a natural person to
868 engage in the practice of architecture or interior design.
869 (4)(5) “Business organization” means a partnership, a
870 limited liability company, a corporation, or an individual
871 operating under a fictitious name “Certificate of authorization”
872 means a certificate issued by the department to a corporation or
873 partnership to practice architecture or interior design.
874 (2)(6) “Architecture” means the rendering or offering to
875 render services in connection with the design and construction
876 of a structure or group of structures which have as their
877 principal purpose human habitation or use, and the utilization
878 of space within and surrounding such structures. These services
879 include planning, providing preliminary study designs, drawings
880 and specifications, job-site inspection, and administration of
881 construction contracts.
882 (16)(7) “Townhouse” is a single-family dwelling unit not
883 exceeding three stories in height which is constructed in a
884 series or group of attached units with property lines separating
885 such units. Each townhouse shall be considered a separate
886 building and shall be separated from adjoining townhouses by the
887 use of separate exterior walls meeting the requirements for zero
888 clearance from property lines as required by the type of
889 construction and fire protection requirements; or shall be
890 separated by a party wall; or may be separated by a single wall
891 meeting the following requirements:
892 (a) Such wall shall provide not less than 2 hours of fire
893 resistance. Plumbing, piping, ducts, or electrical or other
894 building services shall not be installed within or through the
895 2-hour wall unless such materials and methods of penetration
896 have been tested in accordance with the Standard Building Code.
897 (b) Such wall shall extend from the foundation to the
898 underside of the roof sheathing, and the underside of the roof
899 shall have at least 1 hour of fire resistance for a width not
900 less than 4 feet on each side of the wall.
901 (c) Each dwelling unit sharing such wall shall be designed
902 and constructed to maintain its structural integrity independent
903 of the unit on the opposite side of the wall.
904 (10)(8) “Interior design” means designs, consultations,
905 studies, drawings, specifications, and administration of design
906 construction contracts relating to nonstructural interior
907 elements of a building or structure. “Interior design” includes,
908 but is not limited to, reflected ceiling plans, space planning,
909 furnishings, and the fabrication of nonstructural elements
910 within and surrounding interior spaces of buildings. “Interior
911 design” specifically excludes the design of or the
912 responsibility for architectural and engineering work, except
913 for specification of fixtures and their location within interior
914 spaces. As used in this subsection, “architectural and
915 engineering interior construction relating to the building
916 systems” includes, but is not limited to, construction of
917 structural, mechanical, plumbing, heating, air-conditioning,
918 ventilating, electrical, or vertical transportation systems, or
919 construction which materially affects lifesafety systems
920 pertaining to firesafety protection such as fire-rated
921 separations between interior spaces, fire-rated vertical shafts
922 in multistory structures, fire-rated protection of structural
923 elements, smoke evacuation and compartmentalization, emergency
924 ingress or egress systems, and emergency alarm systems.
925 (13)(9) “Registered interior designer” or “interior
926 designer” means a natural person who holds a valid certificate
927 of registration to practice interior design is licensed under
928 this part.
929 (11)(10) “Nonstructural element” means an element which
930 does not require structural bracing and which is something other
931 than a load-bearing wall, load-bearing column, or other load
932 bearing element of a building or structure which is essential to
933 the structural integrity of the building.
934 (12)(11) “Reflected ceiling plan” means a ceiling design
935 plan which is laid out as if it were projected downward and
936 which may include lighting and other elements.
937 (15)(12) “Space planning” means the analysis, programming,
938 or design of spatial requirements, including preliminary space
939 layouts and final planning.
940 (6)(13) “Common area” means an area that is held out for
941 use by all tenants or owners in a multiple-unit dwelling,
942 including, but not limited to, a lobby, elevator, hallway,
943 laundry room, clubhouse, or swimming pool.
944 (8)(14) “Diversified interior design experience” means
945 experience which substantially encompasses the various elements
946 of interior design services set forth under the definition of
947 “interior design” in subsection (10)(8).
948 (9)(15) “Interior decorator services” includes the
949 selection or assistance in selection of surface materials,
950 window treatments, wallcoverings, paint, floor coverings,
951 surface-mounted lighting, surface-mounted fixtures, and loose
952 furnishings not subject to regulation under applicable building
953 codes.
954 (14)(16) “Responsible supervising control” means the
955 exercise of direct personal supervision and control throughout
956 the preparation of documents, instruments of service, or any
957 other work requiring the seal and signature of a licensee under
958 this part.
959 Section 57. Paragraph (a) of subsection (3) of section
960 481.205, Florida Statutes, is amended to read:
961 481.205 Board of Architecture and Interior Design.—
962 (3)(a) Notwithstanding the provisions of ss. 455.225,
963 455.228, and 455.32, the duties and authority of the department
964 to receive complaints and investigate and discipline persons
965 licensed or registered under this part, including the ability to
966 determine legal sufficiency and probable cause; to initiate
967 proceedings and issue final orders for summary suspension or
968 restriction of a license or certificate of registration pursuant
969 to s. 120.60(6); to issue notices of noncompliance, notices to
970 cease and desist, subpoenas, and citations; to retain legal
971 counsel, investigators, or prosecutorial staff in connection
972 with the licensed practice of architecture or registered and
973 interior design; and to investigate and deter the unlicensed
974 practice of architecture and interior design as provided in s.
975 455.228 are delegated to the board. All complaints and any
976 information obtained pursuant to an investigation authorized by
977 the board are confidential and exempt from s. 119.07(1) as
978 provided in s. 455.225(2) and (10).
979 Section 58. Section 481.207, Florida Statutes, is amended
980 to read:
981 481.207 Fees.—The board, by rule, may establish separate
982 fees for architects and registered interior designers, to be
983 paid for applications, examination, reexamination, licensing and
984 renewal, delinquency, reinstatement, and recordmaking and
985 recordkeeping. The examination fee shall be in an amount that
986 covers the cost of obtaining and administering the examination
987 and shall be refunded if the applicant is found ineligible to
988 sit for the examination. The application fee is nonrefundable.
989 The fee for initial application and examination for architects
990 and interior designers may not exceed $775 plus the actual per
991 applicant cost to the department for purchase of the examination
992 from the National Council of Architectural Registration Boards
993 or the National Council of Interior Design Qualifications,
994 respectively, or similar national organizations. The initial
995 nonrefundable fee for registered interior designers may not
996 exceed $75. The biennial renewal fee for architects may not
997 exceed $200. The biennial renewal fee for registered interior
998 designers may not exceed $75 $500. The delinquency fee may not
999 exceed the biennial renewal fee established by the board for an
1000 active license. The board shall establish fees that are adequate
1001 to ensure the continued operation of the board and to fund the
1002 proportionate expenses incurred by the department which are
1003 allocated to the regulation of architects and registered
1004 interior designers. Fees shall be based on department estimates
1005 of the revenue required to implement this part and the
1006 provisions of law with respect to the regulation of architects
1007 and interior designers.
1008 Section 59. Section 481.209, Florida Statutes, is amended
1009 to read:
1010 481.209 Examinations.—
1011 (1) A person desiring to be licensed as a registered
1012 architect by initial examination shall apply to the department,
1013 complete the application form, and remit a nonrefundable
1014 application fee. The department shall license any applicant who
1015 the board certifies:
1016 (a) has passed the licensure examination prescribed by
1017 board rule; and
1018 (b) is a graduate of a school or college of architecture
1019 with a program accredited by the National Architectural
1020 Accreditation Board.
1021 (2) A person seeking to obtain a certificate of
1022 registration as a registered interior designer and a seal
1023 pursuant to s. 481.221 must provide the department with his or
1024 her name and address and written proof that he or she has
1025 successfully passed the qualification examination prescribed by
1026 the Council for Interior Design Qualification or its successor
1027 entity or the California Council for Interior Design
1028 Certification or its successor entity, or has successfully
1029 passed an equivalent exam as determined by the department. Any
1030 person who is licensed as an interior designer by the department
1031 and who was in good standing as of July 1, 2020, is eligible to
1032 obtain a certificate of registration as a registered interior
1033 designer A person desiring to be licensed as a registered
1034 interior designer shall apply to the department for licensure.
1035 The department shall administer the licensure examination for
1036 interior designers to each applicant who has completed the
1037 application form and remitted the application and examination
1038 fees specified in s. 481.207 and who the board certifies:
1039 (a) Is a graduate from an interior design program of 5
1040 years or more and has completed 1 year of diversified interior
1041 design experience;
1042 (b) Is a graduate from an interior design program of 4
1043 years or more and has completed 2 years of diversified interior
1044 design experience;
1045 (c) Has completed at least 3 years in an interior design
1046 curriculum and has completed 3 years of diversified interior
1047 design experience; or
1048 (d) Is a graduate from an interior design program of at
1049 least 2 years and has completed 4 years of diversified interior
1050 design experience.
1051
1052 Subsequent to October 1, 2000, for the purpose of having the
1053 educational qualification required under this subsection
1054 accepted by the board, the applicant must complete his or her
1055 education at a program, school, or college of interior design
1056 whose curriculum has been approved by the board as of the time
1057 of completion. Subsequent to October 1, 2003, all of the
1058 required amount of educational credits shall have been obtained
1059 in a program, school, or college of interior design whose
1060 curriculum has been approved by the board, as of the time each
1061 educational credit is gained. The board shall adopt rules
1062 providing for the review and approval of programs, schools, and
1063 colleges of interior design and courses of interior design study
1064 based on a review and inspection by the board of the curriculum
1065 of programs, schools, and colleges of interior design in the
1066 United States, including those programs, schools, and colleges
1067 accredited by the Foundation for Interior Design Education
1068 Research. The board shall adopt rules providing for the review
1069 and approval of diversified interior design experience required
1070 by this subsection.
1071 Section 60. Section 481.213, Florida Statutes, is amended
1072 to read:
1073 481.213 Licensure and registration.—
1074 (1) The department shall license or register any applicant
1075 who the board certifies is qualified for licensure or
1076 registration and who has paid the initial licensure or
1077 registration fee. Licensure as an architect under this section
1078 shall be deemed to include all the rights and privileges of
1079 registration licensure as an interior designer under this
1080 section.
1081 (2) The board shall certify for licensure or registration
1082 by examination any applicant who passes the prescribed licensure
1083 or registration examination and satisfies the requirements of
1084 ss. 481.209 and 481.211, for architects, or the requirements of
1085 s. 481.209, for interior designers.
1086 (3) The board shall certify as qualified for a license by
1087 endorsement as an architect or registration as a registered an
1088 interior designer an applicant who:
1089 (a) Qualifies to take the prescribed licensure or
1090 registration examination, and has passed the prescribed
1091 licensure registration examination or a substantially equivalent
1092 examination in another jurisdiction, as set forth in s. 481.209
1093 for architects or registered interior designers, as applicable,
1094 and has satisfied the internship requirements set forth in s.
1095 481.211 for architects;
1096 (b) Holds a valid license to practice architecture or a
1097 license, registration, or certification to practice interior
1098 design issued by another jurisdiction of the United States, if
1099 the criteria for issuance of such license were substantially
1100 equivalent to the licensure criteria that existed in this state
1101 at the time the license was issued; provided, however, that an
1102 applicant who has been licensed for use of the title “interior
1103 design” rather than licensed to practice interior design shall
1104 not qualify hereunder; or
1105 (c) Has passed the prescribed licensure examination and
1106 holds a valid certificate issued by the National Council of
1107 Architectural Registration Boards, and holds a valid license to
1108 practice architecture issued by another state or jurisdiction of
1109 the United States.
1110
1111 An architect who is licensed in another state who seeks
1112 qualification for license by endorsement under this subsection
1113 must complete a 2-hour class approved by the board on the
1114 Florida Building Code.
1115 (4) The board may refuse to certify any applicant who has
1116 violated any of the provisions of s. 481.223, s. 481.225, or s.
1117 481.2251, as applicable.
1118 (5) The board may refuse to certify any applicant who is
1119 under investigation in any jurisdiction for any act which would
1120 constitute a violation of this part or of chapter 455 until such
1121 time as the investigation is complete and disciplinary
1122 proceedings have been terminated.
1123 (6) The board shall adopt rules to implement the provisions
1124 of this part relating to the examination, internship, and
1125 licensure of applicants.
1126 (7) For persons whose licensure requires satisfaction of
1127 the requirements of ss. 481.209 and 481.211, the board shall, by
1128 rule, establish qualifications for certification of such persons
1129 as special inspectors of threshold buildings, as defined in ss.
1130 553.71 and 553.79, and shall compile a list of persons who are
1131 certified. A special inspector is not required to meet standards
1132 for certification other than those established by the board, and
1133 the fee owner of a threshold building may not be prohibited from
1134 selecting any person certified by the board to be a special
1135 inspector. The board shall develop minimum qualifications for
1136 the qualified representative of the special inspector who is
1137 authorized under s. 553.79 to perform inspections of threshold
1138 buildings on behalf of the special inspector.
1139 (8) A certificate of registration is not required for a
1140 person whose occupation or practice is confined to interior
1141 decorator services or for a person whose occupation or practice
1142 is confined to interior design except as required in this part.
1143 Section 61. Subsection (1) of section 481.2131, Florida
1144 Statutes, is amended to read:
1145 481.2131 Interior design; practice requirements; disclosure
1146 of compensation for professional services.—
1147 (1) A registered interior designer is authorized to perform
1148 “interior design” as defined in s. 481.203. Interior design
1149 documents prepared by a registered interior designer shall
1150 contain a statement that the document is not an architectural or
1151 engineering study, drawing, specification, or design and is not
1152 to be used for construction of any load-bearing columns, load
1153 bearing framing or walls of structures, or issuance of any
1154 building permit, except as otherwise provided by law. Interior
1155 design documents that are prepared and sealed by a registered
1156 interior designer must may, if required by a permitting body, be
1157 accepted by the permitting body be submitted for the issuance of
1158 a building permit for interior construction excluding design of
1159 any structural, mechanical, plumbing, heating, air-conditioning,
1160 ventilating, electrical, or vertical transportation systems or
1161 that materially affect lifesafety systems pertaining to
1162 firesafety protection such as fire-rated separations between
1163 interior spaces, fire-rated vertical shafts in multistory
1164 structures, fire-rated protection of structural elements, smoke
1165 evacuation and compartmentalization, emergency ingress or egress
1166 systems, and emergency alarm systems. Interior design documents
1167 submitted for the issuance of a building permit by an individual
1168 performing interior design services who is not a licensed
1169 architect must include a seal issued by the department and in
1170 conformance with the requirements of s. 481.221.
1171 Section 62. Section 481.215, Florida Statutes, is amended
1172 to read:
1173 481.215 Renewal of license or certificate of registration.—
1174 (1) Subject to the requirement of subsection (3), the
1175 department shall renew a license or certificate of registration
1176 upon receipt of the renewal application and renewal fee.
1177 (2) The department shall adopt rules establishing a
1178 procedure for the biennial renewal of licenses and certificates
1179 of registration.
1180 (3) A No license or certificate of registration renewal may
1181 not shall be issued to an architect or a registered an interior
1182 designer by the department until the licensee or registrant
1183 submits proof satisfactory to the department that, during the 2
1184 years before prior to application for renewal, the licensee or
1185 registrant participated per biennium in not less than 20 hours
1186 of at least 50 minutes each per biennium of continuing education
1187 approved by the board. The board shall approve only continuing
1188 education that builds upon the basic knowledge of architecture
1189 or interior design. The board may make exception from the
1190 requirements of continuing education in emergency or hardship
1191 cases.
1192 (4) The board shall by rule establish criteria for the
1193 approval of continuing education courses and providers and shall
1194 by rule establish criteria for accepting alternative
1195 nonclassroom continuing education on an hour-for-hour basis.
1196 (5) For a license or certificate of registration, the board
1197 shall require, by rule adopted pursuant to ss. 120.536(1) and
1198 120.54, 2 a specified number of hours in specialized or advanced
1199 courses, approved by the Florida Building Commission, on any
1200 portion of the Florida Building Code, adopted pursuant to part
1201 IV of chapter 553, relating to the licensee’s respective area of
1202 practice. Such hours count toward the continuing education hours
1203 required under subsection (3). A licensee may complete the
1204 courses required under this subsection online.
1205 Section 63. Section 481.217, Florida Statutes, is amended
1206 to read:
1207 481.217 Inactive status.—
1208 (1) The board may prescribe by rule continuing education
1209 requirements as a condition of reactivating a license. The rules
1210 may not require more than one renewal cycle of continuing
1211 education to reactivate a license or registration for a
1212 registered architect or registered interior designer. For
1213 interior design, the board may approve only continuing education
1214 that builds upon the basic knowledge of interior design.
1215 (2) The board shall adopt rules relating to application
1216 procedures for inactive status and for the reactivation of
1217 inactive licenses and registrations.
1218 Section 64. Section 481.219, Florida Statutes, is amended
1219 to read:
1220 481.219 Qualification of business organizations
1221 certification of partnerships, limited liability companies, and
1222 corporations.—
1223 (1) A licensee may The practice of or the offer to practice
1224 architecture or interior design by licensees through a qualified
1225 business organization that offers corporation, limited liability
1226 company, or partnership offering architectural or interior
1227 design services to the public, or by a corporation, limited
1228 liability company, or partnership offering architectural or
1229 interior design services to the public through licensees under
1230 this part as agents, employees, officers, or partners, is
1231 permitted, subject to the provisions of this section.
1232 (2) If a licensee or an applicant proposes to engage in the
1233 practice of architecture as a business organization, the
1234 licensee or applicant shall qualify the business organization
1235 upon approval of the board For the purposes of this section, a
1236 certificate of authorization shall be required for a
1237 corporation, limited liability company, partnership, or person
1238 practicing under a fictitious name, offering architectural
1239 services to the public jointly or separately. However, when an
1240 individual is practicing architecture in her or his own name,
1241 she or he shall not be required to be certified under this
1242 section. Certification under this subsection to offer
1243 architectural services shall include all the rights and
1244 privileges of certification under subsection (3) to offer
1245 interior design services.
1246 (3)(a) A business organization may not engage in the
1247 practice of architecture unless its qualifying agent is a
1248 registered architect under this part. A qualifying agent who
1249 terminates an affiliation with a qualified business organization
1250 shall immediately notify the department of such termination. If
1251 such qualifying agent is the only qualifying agent for that
1252 business organization, the business organization must be
1253 qualified by another qualifying agent within 60 days after the
1254 termination. Except as provided in paragraph (b), the business
1255 organization may not engage in the practice of architecture
1256 until it is qualified by another qualifying agent.
1257 (b) In the event a qualifying agent ceases employment with
1258 a qualified business organization, the executive director or the
1259 chair of the board may authorize another registered architect
1260 employed by the business organization to temporarily serve as
1261 its qualifying agent for a period of no more than 60 days. The
1262 business organization is not authorized to operate beyond such
1263 period under this chapter absent replacement of the qualifying
1264 agent who has ceased employment.
1265 (c) A qualifying agent shall notify the department in
1266 writing before engaging in the practice of architecture in her
1267 or his own name or in affiliation with a different business
1268 organization, and she or he or such business organization shall
1269 supply the same information to the department as required of
1270 applicants under this part.
1271 (3) For the purposes of this section, a certificate of
1272 authorization shall be required for a corporation, limited
1273 liability company, partnership, or person operating under a
1274 fictitious name, offering interior design services to the public
1275 jointly or separately. However, when an individual is practicing
1276 interior design in her or his own name, she or he shall not be
1277 required to be certified under this section.
1278 (4) All final construction documents and instruments of
1279 service which include drawings, specifications, plans, reports,
1280 or other papers or documents that involve involving the practice
1281 of architecture which are prepared or approved for the use of
1282 the business organization corporation, limited liability
1283 company, or partnership and filed for public record within the
1284 state must shall bear the signature and seal of the licensee who
1285 prepared or approved them and the date on which they were
1286 sealed.
1287 (5) All drawings, specifications, plans, reports, or other
1288 papers or documents prepared or approved for the use of the
1289 corporation, limited liability company, or partnership by an
1290 interior designer in her or his professional capacity and filed
1291 for public record within the state shall bear the signature and
1292 seal of the licensee who prepared or approved them and the date
1293 on which they were sealed.
1294 (6) The department shall issue a certificate of
1295 authorization to any applicant who the board certifies as
1296 qualified for a certificate of authorization and who has paid
1297 the fee set in s. 481.207.
1298 (7) The board shall allow a licensee or certify an
1299 applicant to qualify one or more business organizations as
1300 qualified for a certificate of authorization to offer
1301 architectural or interior design services, or to use a
1302 fictitious name to offer such services, if provided that:
1303 (a) one or more of the principal officers of the
1304 corporation or limited liability company, or one or more
1305 partners of the partnership, and all personnel of the
1306 corporation, limited liability company, or partnership who act
1307 in its behalf in this state as architects, are registered as
1308 provided by this part; or
1309 (b) One or more of the principal officers of the
1310 corporation or one or more partners of the partnership, and all
1311 personnel of the corporation, limited liability company, or
1312 partnership who act in its behalf in this state as interior
1313 designers, are registered as provided by this part.
1314 (8) The department shall adopt rules establishing a
1315 procedure for the biennial renewal of certificates of
1316 authorization.
1317 (9) The department shall renew a certificate of
1318 authorization upon receipt of the renewal application and
1319 biennial renewal fee.
1320 (6)(10) Each qualifying agent who qualifies a business
1321 organization, partnership, limited liability company, or and
1322 corporation certified under this section shall notify the
1323 department within 30 days after of any change in the information
1324 contained in the application upon which the qualification
1325 certification is based. Any registered architect or interior
1326 designer who qualifies the business organization shall ensure
1327 corporation, limited liability company, or partnership as
1328 provided in subsection (7) shall be responsible for ensuring
1329 responsible supervising control of projects of the business
1330 organization entity and shall notify the department of the upon
1331 termination of her or his employment with a business
1332 organization qualified partnership, limited liability company,
1333 or corporation certified under this section shall notify the
1334 department of the termination within 30 days after such
1335 termination.
1336 (7)(11) A business organization is not No corporation,
1337 limited liability company, or partnership shall be relieved of
1338 responsibility for the conduct or acts of its agents, employees,
1339 or officers by reason of its compliance with this section.
1340 However, except as provided in s. 558.0035, the architect who
1341 signs and seals the construction documents and instruments of
1342 service is shall be liable for the professional services
1343 performed, and the interior designer who signs and seals the
1344 interior design drawings, plans, or specifications shall be
1345 liable for the professional services performed.
1346 (12) Disciplinary action against a corporation, limited
1347 liability company, or partnership shall be administered in the
1348 same manner and on the same grounds as disciplinary action
1349 against a registered architect or interior designer,
1350 respectively.
1351 (8)(13) Nothing in This section may not shall be construed
1352 to mean that a certificate of registration to practice
1353 architecture must or interior design shall be held by a business
1354 organization corporation, limited liability company, or
1355 partnership. Nothing in This section does not prohibit a
1356 business organization from offering prohibits corporations,
1357 limited liability companies, and partnerships from joining
1358 together to offer architectural, engineering, interior design,
1359 surveying and mapping, and landscape architectural services, or
1360 any combination of such services, to the public if the business
1361 organization, provided that each corporation, limited liability
1362 company, or partnership otherwise meets the requirements of law.
1363 (14) Corporations, limited liability companies, or
1364 partnerships holding a valid certificate of authorization to
1365 practice architecture shall be permitted to use in their title
1366 the term “interior designer” or “registered interior designer.”
1367 Section 65. Subsections (5) and (10) of section 481.221,
1368 Florida Statutes, are amended to read:
1369 481.221 Seals; display of certificate number.—
1370 (5) No registered interior designer shall affix, or permit
1371 to be affixed, her or his seal or signature to any plan,
1372 specification, drawing, or other document which depicts work
1373 which she or he is not competent or registered licensed to
1374 perform.
1375 (10) Each registered architect must or interior designer,
1376 and each corporation, limited liability company, or partnership
1377 holding a certificate of authorization, shall include her or his
1378 license its certificate number in any newspaper, telephone
1379 directory, or other advertising medium used by the registered
1380 licensee. Each business organization must include the license
1381 number of the registered architect who serves as the qualifying
1382 agent for that business organization in any newspaper, telephone
1383 directory, or other advertising medium used by the business
1384 organization architect, interior designer, corporation, limited
1385 liability company, or partnership. A corporation, limited
1386 liability company, or partnership is not required to display the
1387 certificate number of individual registered architects or
1388 interior designers employed by or working within the
1389 corporation, limited liability company, or partnership.
1390 Section 66. Section 481.223, Florida Statutes, is amended
1391 to read:
1392 481.223 Prohibitions; penalties; injunctive relief.—
1393 (1) A person may not knowingly:
1394 (a) Practice architecture unless the person is an architect
1395 or a registered architect; however, a licensed architect who has
1396 been licensed by the board and who chooses to relinquish or not
1397 to renew his or her license may use the title “Architect,
1398 Retired” but may not otherwise render any architectural
1399 services.
1400 (b) Practice interior design unless the person is a
1401 registered interior designer unless otherwise exempted herein;
1402 however, an interior designer who has been licensed by the board
1403 and who chooses to relinquish or not to renew his or her license
1404 may use the title “Interior Designer, Retired” but may not
1405 otherwise render any interior design services.
1406 (b)(c) Use the name or title “architect,” or “registered
1407 architect,” or “interior designer” or “registered interior
1408 designer,” or words to that effect, when the person is not then
1409 the holder of a valid license or certificate of registration
1410 issued pursuant to this part. This paragraph does not restrict
1411 the use of the name or title “interior designer” or “interior
1412 design firm.”
1413 (c)(d) Present as his or her own the license of another.
1414 (d)(e) Give false or forged evidence to the board or a
1415 member thereof.
1416 (e)(f) Use or attempt to use an architect or interior
1417 designer license or interior design certificate of registration
1418 that has been suspended, revoked, or placed on inactive or
1419 delinquent status.
1420 (f)(g) Employ unlicensed persons to practice architecture
1421 or interior design.
1422 (g)(h) Conceal information relative to violations of this
1423 part.
1424 (2) Any person who violates any provision of subsection (1)
1425 commits a misdemeanor of the first degree, punishable as
1426 provided in s. 775.082 or s. 775.083.
1427 (3)(a) Notwithstanding chapter 455 or any other law to the
1428 contrary, an affected person may maintain an action for
1429 injunctive relief to restrain or prevent a person from violating
1430 paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
1431 prevailing party is entitled to actual costs and attorney’s
1432 fees.
1433 (b) For purposes of this subsection, the term “affected
1434 person” means a person directly affected by the actions of a
1435 person suspected of violating paragraph (1)(a) or, paragraph
1436 (1)(b), or paragraph (1)(c) and includes, but is not limited to,
1437 the department, any person who received services from the
1438 alleged violator, or any private association composed primarily
1439 of members of the profession the alleged violator is practicing
1440 or offering to practice or holding himself or herself out as
1441 qualified to practice.
1442 Section 67. Section 481.2251, Florida Statutes, is amended
1443 to read:
1444 481.2251 Disciplinary proceedings against registered
1445 interior designers.—
1446 (1) The following acts constitute grounds for which the
1447 disciplinary actions specified in subsection (2) may be taken:
1448 (a) Attempting to register obtain, obtaining, or renewing
1449 registration, by bribery, by fraudulent misrepresentation, or
1450 through an error of the board, a license to practice interior
1451 design;
1452 (b) Having an interior design license, certification, or
1453 registration a license to practice interior design revoked,
1454 suspended, or otherwise acted against, including the denial of
1455 licensure, registration, or certification by the licensing
1456 authority of another jurisdiction for any act which would
1457 constitute a violation of this part or of chapter 455;
1458 (c) Being convicted or found guilty, regardless of
1459 adjudication, of a crime in any jurisdiction which directly
1460 relates to the provision of interior design services or to the
1461 ability to provide interior design services. A plea of nolo
1462 contendere shall create a rebuttable presumption of guilt to the
1463 underlying criminal charges. However, the board shall allow the
1464 person being disciplined to present any evidence relevant to the
1465 underlying charges and the circumstances surrounding her or his
1466 plea;
1467 (d) False, deceptive, or misleading advertising;
1468 (e) Failing to report to the board any person who the
1469 licensee knows is in violation of this part or the rules of the
1470 board;
1471 (f) Aiding, assisting, procuring, or advising any
1472 unlicensed person to use the title “interior designer” contrary
1473 to this part or to a rule of the board;
1474 (g) Failing to perform any statutory or legal obligation
1475 placed upon a registered interior designer;
1476 (h) Making or filing a report which the registrant licensee
1477 knows to be false, intentionally or negligently failing to file
1478 a report or record required by state or federal law, or
1479 willfully impeding or obstructing such filing or inducing
1480 another person to do so. Such reports or records shall include
1481 only those which are signed in the capacity as a registered
1482 interior designer;
1483 (f)(i) Making deceptive, untrue, or fraudulent
1484 representations in the provision of interior design services;
1485 (g)(j) Accepting and performing professional
1486 responsibilities which the registrant licensee knows or has
1487 reason to know that she or he is not competent or licensed to
1488 perform;
1489 (k) Violating any provision of this part, any rule of the
1490 board, or a lawful order of the board previously entered in a
1491 disciplinary hearing;
1492 (l) Conspiring with another licensee or with any other
1493 person to commit an act, or committing an act, which would tend
1494 to coerce, intimidate, or preclude another licensee from
1495 lawfully advertising her or his services;
1496 (m) Acceptance of compensation or any consideration by an
1497 interior designer from someone other than the client without
1498 full disclosure of the compensation or consideration amount or
1499 value to the client prior to the engagement for services, in
1500 violation of s. 481.2131(2);
1501 (h)(n) Rendering or offering to render architectural
1502 services; or
1503 (i)(o) Committing an act of fraud or deceit, or of
1504 negligence, incompetency, or misconduct, in the practice of
1505 interior design, including, but not limited to, allowing the
1506 preparation of any interior design studies, plans, or other
1507 instruments of service in an office that does not have a full
1508 time Florida-registered interior designer assigned to such
1509 office or failing to exercise responsible supervisory control
1510 over services or projects, as required by board rule.
1511 (2) When the board finds any person guilty of any of the
1512 grounds set forth in subsection (1), it may enter an order
1513 taking the following action or imposing one or more of the
1514 following penalties:
1515 (a) Refusal to register the applicant approve an
1516 application for licensure;
1517 (b) Refusal to renew an existing registration license;
1518 (c) Removal from the state registry Revocation or
1519 suspension of a license; or
1520 (d) Imposition of an administrative fine not to exceed $500
1521 $1,000 for each violation or separate offense and a fine of up
1522 to $2,500 $5,000 for matters pertaining to a material violation
1523 of the Florida Building Code as reported by a local
1524 jurisdiction; or
1525 (e) Issuance of a reprimand.
1526 Section 68. Paragraph (b) of subsection (5), and
1527 subsections (6), and (8) of section 481.229, Florida Statutes,
1528 are amended to read:
1529 481.229 Exceptions; exemptions from licensure.—
1530 (5)
1531 (b) Notwithstanding any other provision of this part, all
1532 persons licensed as architects under this part shall be
1533 qualified for interior design registration licensure upon
1534 submission of a completed application for such license and a fee
1535 not to exceed $30. Such persons shall be exempt from the
1536 requirements of s. 481.209(2). For architects licensed as
1537 interior designers, satisfaction of the requirements for renewal
1538 of licensure as an architect under s. 481.215 shall be deemed to
1539 satisfy the requirements for renewal of registration licensure
1540 as an interior designer under that section. Complaint
1541 processing, investigation, or other discipline-related legal
1542 costs related to persons licensed as interior designers under
1543 this paragraph shall be assessed against the architects’ account
1544 of the Regulatory Trust Fund.
1545 (6) This part shall not apply to:
1546 (a) A person who performs interior design services or
1547 interior decorator services for any residential application,
1548 provided that such person does not advertise as, or represent
1549 himself or herself as, an interior designer. For purposes of
1550 this paragraph, “residential applications” includes all types of
1551 residences, including, but not limited to, residence buildings,
1552 single-family homes, multifamily homes, townhouses, apartments,
1553 condominiums, and domestic outbuildings appurtenant to one
1554 family or two-family residences. However, “residential
1555 applications” does not include common areas associated with
1556 instances of multiple-unit dwelling applications.
1557 (b) an employee of a retail establishment providing
1558 “interior decorator services” on the premises of the retail
1559 establishment or in the furtherance of a retail sale or
1560 prospective retail sale, provided that such employee does not
1561 advertise as, or represent himself or herself as, an interior
1562 designer.
1563 (8) A manufacturer of commercial food service equipment or
1564 the manufacturer’s representative, distributor, or dealer or an
1565 employee thereof, who prepares designs, specifications, or
1566 layouts for the sale or installation of such equipment is exempt
1567 from licensure as an architect or interior designer, if:
1568 (a) The designs, specifications, or layouts are not used
1569 for construction or installation that may affect structural,
1570 mechanical, plumbing, heating, air conditioning, ventilating,
1571 electrical, or vertical transportation systems.
1572 (b) The designs, specifications, or layouts do not
1573 materially affect lifesafety systems pertaining to firesafety
1574 protection, smoke evacuation and compartmentalization, and
1575 emergency ingress or egress systems.
1576 (c) Each design, specification, or layout document prepared
1577 by a person or entity exempt under this subsection contains a
1578 statement on each page of the document that the designs,
1579 specifications, or layouts are not architectural, interior
1580 design, or engineering designs, specifications, or layouts and
1581 not used for construction unless reviewed and approved by a
1582 licensed architect or engineer.
1583 Section 69. Subsection (1) of section 481.231, Florida
1584 Statutes, is amended to read:
1585 481.231 Effect of part locally.—
1586 (1) Nothing in This part does not shall be construed to
1587 repeal, amend, limit, or otherwise affect any specific provision
1588 of any local building code or zoning law or ordinance that has
1589 been duly adopted, now or hereafter enacted, which is more
1590 restrictive, with respect to the services of registered
1591 architects or registered interior designers, than the provisions
1592 of this part; provided, however, that a licensed architect shall
1593 be deemed registered licensed as an interior designer for
1594 purposes of offering or rendering interior design services to a
1595 county, municipality, or other local government or political
1596 subdivision.
1597 Section 70. Section 481.303, Florida Statutes, is amended
1598 to read:
1599 481.303 Definitions.—As used in this chapter, the term:
1600 (1) “Board” means the Board of Landscape Architecture.
1601 (3)(2) “Department” means the Department of Business and
1602 Professional Regulation.
1603 (6)(3) “Registered landscape architect” means a person who
1604 holds a license to practice landscape architecture in this state
1605 under the authority of this act.
1606 (2)(4) “Certificate of registration” means a license issued
1607 by the department to a natural person to engage in the practice
1608 of landscape architecture.
1609 (5) “Certificate of authorization” means a license issued
1610 by the department to a corporation or partnership to engage in
1611 the practice of landscape architecture.
1612 (4)(6) “Landscape architecture” means professional
1613 services, including, but not limited to, the following:
1614 (a) Consultation, investigation, research, planning,
1615 design, preparation of drawings, specifications, contract
1616 documents and reports, responsible construction supervision, or
1617 landscape management in connection with the planning and
1618 development of land and incidental water areas, including the
1619 use of Florida-friendly landscaping as defined in s. 373.185,
1620 where, and to the extent that, the dominant purpose of such
1621 services or creative works is the preservation, conservation,
1622 enhancement, or determination of proper land uses, natural land
1623 features, ground cover and plantings, or naturalistic and
1624 aesthetic values;
1625 (b) The determination of settings, grounds, and approaches
1626 for and the siting of buildings and structures, outdoor areas,
1627 or other improvements;
1628 (c) The setting of grades, shaping and contouring of land
1629 and water forms, determination of drainage, and provision for
1630 storm drainage and irrigation systems where such systems are
1631 necessary to the purposes outlined herein; and
1632 (d) The design of such tangible objects and features as are
1633 necessary to the purpose outlined herein.
1634 (5)(7) “Landscape design” means consultation for and
1635 preparation of planting plans drawn for compensation, including
1636 specifications and installation details for plant materials,
1637 soil amendments, mulches, edging, gravel, and other similar
1638 materials. Such plans may include only recommendations for the
1639 conceptual placement of tangible objects for landscape design
1640 projects. Construction documents, details, and specifications
1641 for tangible objects and irrigation systems shall be designed or
1642 approved by licensed professionals as required by law.
1643 Section 71. Section 481.310, Florida Statutes, is amended
1644 to read:
1645 481.310 Practical experience requirement.—Beginning October
1646 1, 1990, every applicant for licensure as a registered landscape
1647 architect shall demonstrate, prior to licensure, 1 year of
1648 practical experience in landscape architectural work. An
1649 applicant who holds a master of landscape architecture degree
1650 and a bachelor’s degree in a related field is not required to
1651 demonstrate 1 year of practical experience in landscape
1652 architectural work to obtain licensure. The board shall adopt
1653 rules providing standards for the required experience. An
1654 applicant who qualifies for examination pursuant to s.
1655 481.309(1)(b)1. may obtain the practical experience after
1656 completing the required professional degree. Experience used to
1657 qualify for examination pursuant to s. 481.309(1)(b)2. may not
1658 be used to satisfy the practical experience requirement under
1659 this section.
1660 Section 72. Subsections (3) and (4) of section 481.311,
1661 Florida Statutes, are amended, to read:
1662 481.311 Licensure.—
1663 (3) The board shall certify as qualified for a license by
1664 endorsement an applicant who:
1665 (a) Qualifies to take the examination as set forth in s.
1666 481.309; and has passed a national, regional, state, or
1667 territorial licensing examination which is substantially
1668 equivalent to the examination required by s. 481.309; or
1669 (b) holds a valid license to practice landscape
1670 architecture issued by another state or territory of the United
1671 States, if the criteria for issuance of such license were
1672 substantially identical to the licensure criteria which existed
1673 in this state at the time the license was issued.
1674 (4) The board shall certify as qualified for a certificate
1675 of authorization any applicant corporation or partnership who
1676 satisfies the requirements of s. 481.319.
1677 Section 73. Subsection (4) of section 481.313, Florida
1678 Statutes, is amended to read:
1679 481.313 Renewal of license.—
1680 (4) The board, by rule adopted pursuant to ss. 120.536(1)
1681 and 120.54, shall establish criteria for the approval of
1682 continuing education courses and providers, and shall by rule
1683 establish criteria for accepting alternative nonclassroom
1684 continuing education on an hour-for-hour basis. A landscape
1685 architect shall receive hour-for-hour credit for attending
1686 continuing education courses approved by the Landscape
1687 Architecture Continuing Education System or another nationally
1688 recognized clearinghouse for continuing education that relate to
1689 and increase his or her basic knowledge of landscape
1690 architecture, as determined by the board, if the landscape
1691 architect submits proof satisfactory to the board that such
1692 course was approved by the Landscape Architecture Continuing
1693 Education System or another nationally recognized clearinghouse
1694 for continuing education, along with the syllabus or outline for
1695 such course and proof of course attendance.
1696 Section 74. Subsection (2) of section 481.317, Florida
1697 Statutes, is amended to read:
1698 481.317 Temporary certificates.—
1699 (2) Upon approval by the board and payment of the fee set
1700 in s. 481.307, the department shall grant a temporary
1701 certificate of authorization for work on one specified project
1702 in this state for a period not to exceed 1 year to an out-of
1703 state corporation, partnership, or firm, provided one of the
1704 principal officers of the corporation, one of the partners of
1705 the partnership, or one of the principals in the fictitiously
1706 named firm has obtained a temporary certificate of registration
1707 in accordance with subsection (1).
1708 Section 75. Section 481.319, Florida Statutes, is amended
1709 to read:
1710 481.319 Corporate and partnership practice of landscape
1711 architecture; certificate of authorization.—
1712 (1) The practice of or offer to practice landscape
1713 architecture by registered landscape architects registered under
1714 this part through a corporation or partnership offering
1715 landscape architectural services to the public, or through a
1716 corporation or partnership offering landscape architectural
1717 services to the public through individual registered landscape
1718 architects as agents, employees, officers, or partners, is
1719 permitted, subject to the provisions of this section, if:
1720 (a) One or more of the principal officers of the
1721 corporation, or partners of the partnership, and all personnel
1722 of the corporation or partnership who act in its behalf as
1723 landscape architects in this state are registered landscape
1724 architects; and
1725 (b) One or more of the officers, one or more of the
1726 directors, one or more of the owners of the corporation, or one
1727 or more of the partners of the partnership is a registered
1728 landscape architect; and
1729 (c) The corporation or partnership has been issued a
1730 certificate of authorization by the board as provided herein.
1731 (2) All documents involving the practice of landscape
1732 architecture which are prepared for the use of the corporation
1733 or partnership shall bear the signature and seal of a registered
1734 landscape architect.
1735 (3) A landscape architect applying to practice in the name
1736 of a An applicant corporation must shall file with the
1737 department the names and addresses of all officers and board
1738 members of the corporation, including the principal officer or
1739 officers, duly registered to practice landscape architecture in
1740 this state and, also, of all individuals duly registered to
1741 practice landscape architecture in this state who shall be in
1742 responsible charge of the practice of landscape architecture by
1743 the corporation in this state. A landscape architect applying to
1744 practice in the name of a An applicant partnership must shall
1745 file with the department the names and addresses of all partners
1746 of the partnership, including the partner or partners duly
1747 registered to practice landscape architecture in this state and,
1748 also, of an individual or individuals duly registered to
1749 practice landscape architecture in this state who shall be in
1750 responsible charge of the practice of landscape architecture by
1751 said partnership in this state.
1752 (4) Each landscape architect qualifying a partnership or
1753 and corporation licensed under this part must shall notify the
1754 department within 1 month after of any change in the information
1755 contained in the application upon which the license is based.
1756 Any landscape architect who terminates her or his or her
1757 employment with a partnership or corporation licensed under this
1758 part shall notify the department of the termination within 1
1759 month after such termination.
1760 (5) Disciplinary action against a corporation or
1761 partnership shall be administered in the same manner and on the
1762 same grounds as disciplinary action against a registered
1763 landscape architect.
1764 (6) Except as provided in s. 558.0035, the fact that a
1765 registered landscape architect practices landscape architecture
1766 through a corporation or partnership as provided in this section
1767 does not relieve the landscape architect from personal liability
1768 for her or his or her professional acts.
1769 Section 76. Subsection (5) of section 481.321, Florida
1770 Statutes, is amended to read:
1771 481.321 Seals; display of certificate number.—
1772 (5) Each registered landscape architect must and each
1773 corporation or partnership holding a certificate of
1774 authorization shall include her or his its certificate number in
1775 any newspaper, telephone directory, or other advertising medium
1776 used by the registered landscape architect, corporation, or
1777 partnership. A corporation or partnership must is not required
1778 to display the certificate number numbers of at least one
1779 officer, director, owner, or partner who is a individual
1780 registered landscape architect architects employed by or
1781 practicing with the corporation or partnership.
1782 Section 77. Subsection (5) of section 481.329, Florida
1783 Statutes, is amended to read:
1784 481.329 Exceptions; exemptions from licensure.—
1785 (5) This part does not prohibit any person from engaging in
1786 the practice of landscape design, as defined in s. 481.303 s.
1787 481.303(7), or from submitting for approval to a governmental
1788 agency planting plans that are independent of, or a component
1789 of, construction documents that are prepared by a Florida
1790 registered professional. Persons providing landscape design
1791 services shall not use the title, term, or designation
1792 “landscape architect,” “landscape architectural,” “landscape
1793 architecture,” “L.A.,” “landscape engineering,” or any
1794 description tending to convey the impression that she or he is a
1795 landscape architect unless she or he is registered as provided
1796 in this part.
1797 Section 78. Subsection (9) of section 489.103, Florida
1798 Statutes, is amended to read:
1799 489.103 Exemptions.—This part does not apply to:
1800 (9) Any work or operation of a casual, minor, or
1801 inconsequential nature in which the aggregate contract price for
1802 labor, materials, and all other items is less than $2,500
1803 $1,000, but this exemption does not apply:
1804 (a) If the construction, repair, remodeling, or improvement
1805 is a part of a larger or major operation, whether undertaken by
1806 the same or a different contractor, or in which a division of
1807 the operation is made in contracts of amounts less than $2,500
1808 $1,000 for the purpose of evading this part or otherwise.
1809 (b) To a person who advertises that he or she is a
1810 contractor or otherwise represents that he or she is qualified
1811 to engage in contracting.
1812 Section 79. Subsection (2) of section 489.111, Florida
1813 Statutes, is amended to read:
1814 489.111 Licensure by examination.—
1815 (2) A person shall be eligible for licensure by examination
1816 if the person:
1817 (a) Is 18 years of age;
1818 (b) Is of good moral character; and
1819 (c) Meets eligibility requirements according to one of the
1820 following criteria:
1821 1. Has received a baccalaureate degree from an accredited
1822 4-year college in the appropriate field of engineering,
1823 architecture, or building construction and has 1 year of proven
1824 experience in the category in which the person seeks to qualify.
1825 For the purpose of this part, a minimum of 2,000 person-hours
1826 shall be used in determining full-time equivalency. An applicant
1827 who is exempt from passing an examination under s. 489.113(1) is
1828 eligible for a license under this section.
1829 2. Has a total of at least 4 years of active experience as
1830 a worker who has learned the trade by serving an apprenticeship
1831 as a skilled worker who is able to command the rate of a
1832 mechanic in the particular trade or as a foreman who is in
1833 charge of a group of workers and usually is responsible to a
1834 superintendent or a contractor or his or her equivalent,
1835 provided, however, that at least 1 year of active experience
1836 shall be as a foreman.
1837 3. Has a combination of not less than 1 year of experience
1838 as a foreman and not less than 3 years of credits for any
1839 accredited college-level courses; has a combination of not less
1840 than 1 year of experience as a skilled worker, 1 year of
1841 experience as a foreman, and not less than 2 years of credits
1842 for any accredited college-level courses; or has a combination
1843 of not less than 2 years of experience as a skilled worker, 1
1844 year of experience as a foreman, and not less than 1 year of
1845 credits for any accredited college-level courses. All junior
1846 college or community college-level courses shall be considered
1847 accredited college-level courses.
1848 4.a. An active certified residential contractor is eligible
1849 to receive a certified building contractor license after passing
1850 or having previously passed take the building contractors’
1851 examination if he or she possesses a minimum of 3 years of
1852 proven experience in the classification in which he or she is
1853 certified.
1854 b. An active certified residential contractor is eligible
1855 to receive a certified general contractor license after passing
1856 or having previously passed take the general contractors’
1857 examination if he or she possesses a minimum of 4 years of
1858 proven experience in the classification in which he or she is
1859 certified.
1860 c. An active certified building contractor is eligible to
1861 receive a certified general contractor license after passing or
1862 having previously passed take the general contractors’
1863 examination if he or she possesses a minimum of 4 years of
1864 proven experience in the classification in which he or she is
1865 certified.
1866 5.a. An active certified air-conditioning Class C
1867 contractor is eligible to receive a certified air-conditioning
1868 Class B contractor license after passing or having previously
1869 passed take the air-conditioning Class B contractors’
1870 examination if he or she possesses a minimum of 3 years of
1871 proven experience in the classification in which he or she is
1872 certified.
1873 b. An active certified air-conditioning Class C contractor
1874 is eligible to receive a certified air-conditioning Class A
1875 contractor license after passing or having previously passed
1876 take the air-conditioning Class A contractors’ examination if he
1877 or she possesses a minimum of 4 years of proven experience in
1878 the classification in which he or she is certified.
1879 c. An active certified air-conditioning Class B contractor
1880 is eligible to receive a certified air-conditioning Class A
1881 contractor license after passing or having previously passed
1882 take the air-conditioning Class A contractors’ examination if he
1883 or she possesses a minimum of 1 year of proven experience in the
1884 classification in which he or she is certified.
1885 6.a. An active certified swimming pool servicing contractor
1886 is eligible to receive a certified residential swimming pool
1887 contractor license after passing or having previously passed
1888 take the residential swimming pool contractors’ examination if
1889 he or she possesses a minimum of 3 years of proven experience in
1890 the classification in which he or she is certified.
1891 b. An active certified swimming pool servicing contractor
1892 is eligible to receive a certified commercial swimming pool
1893 contractor license after passing or having previously passed
1894 take the swimming pool commercial contractors’ examination if he
1895 or she possesses a minimum of 4 years of proven experience in
1896 the classification in which he or she is certified.
1897 c. An active certified residential swimming pool contractor
1898 is eligible to receive a certified commercial swimming pool
1899 contractor license after passing or having previously passed
1900 take the commercial swimming pool contractors’ examination if he
1901 or she possesses a minimum of 1 year of proven experience in the
1902 classification in which he or she is certified.
1903 d. An applicant is eligible to receive a certified swimming
1904 pool/spa servicing contractor license after passing or having
1905 previously passed take the swimming pool/spa servicing
1906 contractors’ examination if he or she has satisfactorily
1907 completed 60 hours of instruction in courses related to the
1908 scope of work covered by that license and approved by the
1909 Construction Industry Licensing Board by rule and has at least 1
1910 year of proven experience related to the scope of work of such a
1911 contractor.
1912 Section 80. Subsection (1) of section 489.113, Florida
1913 Statutes, is amended to read:
1914 489.113 Qualifications for practice; restrictions.—
1915 (1) Any person who desires to engage in contracting on a
1916 statewide basis shall, as a prerequisite thereto, establish his
1917 or her competency and qualifications to be certified pursuant to
1918 this part. To establish competency, a person shall pass the
1919 appropriate examination approved by the board and certified by
1920 the department. If an applicant has received a baccalaureate
1921 degree in building construction from an accredited 4-year
1922 college, or a related degree as approved by the board by rule,
1923 and has a grade point average of 3.5 or higher, such applicant
1924 is not required to pass such examination. Any person who desires
1925 to engage in contracting on other than a statewide basis shall,
1926 as a prerequisite thereto, be registered pursuant to this part,
1927 unless exempted by this part.
1928 Section 81. Subsection (3) of section 489.115, Florida
1929 Statutes, is amended to read:
1930 489.115 Certification and registration; endorsement;
1931 reciprocity; renewals; continuing education.—
1932 (3) The board shall certify as qualified for certification
1933 by endorsement any applicant who:
1934 (a) Meets the requirements for certification as set forth
1935 in this section; has passed a national, regional, state, or
1936 United States territorial licensing examination that is
1937 substantially equivalent to the examination required by this
1938 part; and has satisfied the requirements set forth in s.
1939 489.111;
1940 (b) Holds a valid license to practice contracting issued by
1941 another state or territory of the United States, if the criteria
1942 for issuance of such license were substantially equivalent to
1943 Florida’s current certification criteria; or
1944 (c) Holds a valid, current license to practice contracting
1945 issued by another state or territory of the United States, if
1946 the state or territory has entered into a reciprocal agreement
1947 with the board for the recognition of contractor licenses issued
1948 in that state, based on criteria for the issuance of such
1949 licenses that are substantially equivalent to the criteria for
1950 certification in this state; or
1951 (d) Has held a valid, current license to practice
1952 contracting issued by another state or territory of the United
1953 States for at least 10 years before the date of application and
1954 is applying for the same or similar license in this state,
1955 subject to subsections (5)-(9). The board may consider whether
1956 such applicant has had a license to practice contracting
1957 revoked, suspended, or otherwise acted against by the licensing
1958 authority of another state, territory, or country. Such
1959 application must be made either when the license in another
1960 state or territory is active or within 2 years after such
1961 license was last active. Division I contractors and roofing
1962 contractors must complete a 2-hour course on the Florida
1963 Building Code which includes information on wind mitigation
1964 techniques. The required courses may be completed online.
1965 Section 82. Subsection (5) of section 489.511, Florida
1966 Statutes, is amended to read:
1967 489.511 Certification; application; examinations;
1968 endorsement.—
1969 (5) The board shall certify as qualified for certification
1970 by endorsement any individual applying for certification who:
1971 (a) Meets the requirements for certification as set forth
1972 in this section; has passed a national, regional, state, or
1973 United States territorial licensing examination that is
1974 substantially equivalent to the examination required by this
1975 part; and has satisfied the requirements set forth in s.
1976 489.521; or
1977 (b) Holds a valid license to practice electrical or alarm
1978 system contracting issued by another state or territory of the
1979 United States, if the criteria for issuance of such license was
1980 substantially equivalent to the certification criteria that
1981 existed in this state at the time the certificate was issued; or
1982 (c) Has held a valid, current license to practice
1983 electrical or alarm system contracting issued by another state
1984 or territory of the United States for at least 10 years before
1985 the date of application and is applying for the same or similar
1986 license in this state, subject to ss. 489.510 and 489.521(3)(a),
1987 and subparagraph (1)(b)1. Such application must be made either
1988 when the license in another state or territory is active or
1989 within 2 years after such license was last active. Electrical
1990 contractors and alarm system contractors must complete a 2-hour
1991 course on the Florida Building Code which includes information
1992 on wind mitigation techniques. The required courses may be
1993 completed online.
1994 Section 83. Subsection (3) and paragraph (b) of subsection
1995 (4) of section 489.517, Florida Statutes, are amended to read:
1996 489.517 Renewal of certificate or registration; continuing
1997 education.—
1998 (3)(a) Each certificateholder or registrant licensed as a
1999 specialty contractor or an alarm system contractor shall provide
2000 proof, in a form established by rule of the board, that the
2001 certificateholder or registrant has completed at least 7 14
2002 classroom hours of at least 50 minutes each of continuing
2003 education courses during each biennium since the issuance or
2004 renewal of the certificate or registration. The board shall by
2005 rule establish criteria for the approval of continuing education
2006 courses and providers and may by rule establish criteria for
2007 accepting alternative nonclassroom continuing education on an
2008 hour-for-hour basis.
2009 (b) Each certificateholder or registrant licensed as an
2010 electrical contractor shall provide proof, in a form established
2011 by rule of the board, that the certificateholder or registrant
2012 has completed at least 11 classroom hours of at least 50 minutes
2013 each of continuing education courses during each biennium since
2014 the issuance or renewal of the certificate or registration. The
2015 board shall by rule establish criteria for the approval of
2016 continuing education courses and providers and may by rule
2017 establish criteria for accepting alternative nonclassroom
2018 continuing education on an hour-for-hour basis.
2019 (4)
2020 (b)1. For licensed specialty contractors or alarm system
2021 contractors, of the 7 14 classroom hours of continuing education
2022 required, at least 1 hour 7 hours must be on technical subjects,
2023 1 hour on workers’ compensation, 1 hour on workplace safety, 1
2024 hour on business practices, and for alarm system contractors and
2025 electrical contractors engaged in alarm system contracting, 2
2026 hours on false alarm prevention.
2027 2. For licensed electrical contractors, of the minimum 11
2028 classroom hours of continuing education required, at least 7
2029 hours must be on technical subjects, 1 hour on workers’
2030 compensation, 1 hour on workplace safety, and 1 hour on business
2031 practices. Electrical contractors engaged in alarm system
2032 contracting must also complete 2 hours on false alarm
2033 prevention.
2034 Section 84. Paragraph (b) of subsection (1) of section
2035 489.518, Florida Statutes, is amended to read:
2036 489.518 Alarm system agents.—
2037 (1) A licensed electrical or alarm system contractor may
2038 not employ a person to perform the duties of a burglar alarm
2039 system agent unless the person:
2040 (b) Has successfully completed a minimum of 14 hours of
2041 training within 90 days after employment, to include basic alarm
2042 system electronics in addition to related training including
2043 CCTV and access control training, with at least 2 hours of
2044 training in the prevention of false alarms. Such training shall
2045 be from a board-approved provider, and the employee or applicant
2046 for employment shall provide proof of successful completion to
2047 the licensed employer. The board shall by rule establish
2048 criteria for the approval of training courses and providers and
2049 may by rule establish criteria for accepting alternative
2050 nonclassroom education on an hour-for-hour basis. The board
2051 shall approve providers that conduct training in other than the
2052 English language. The board shall establish a fee for the
2053 approval of training providers or courses, not to exceed $60.
2054 Qualified employers may conduct training classes for their
2055 employees, with board approval.
2056 Section 85. Section 492.104, Florida Statutes, is amended,
2057 to read:
2058 492.104 Rulemaking authority.—The Board of Professional
2059 Geologists has authority to adopt rules pursuant to ss.
2060 120.536(1) and 120.54 to implement this chapter. Every licensee
2061 shall be governed and controlled by this chapter and the rules
2062 adopted by the board. The board is authorized to set, by rule,
2063 fees for application, examination, certificate of authorization,
2064 late renewal, initial licensure, and license renewal. These fees
2065 may should not exceed the cost of implementing the application,
2066 examination, initial licensure, and license renewal or other
2067 administrative process and shall be established as follows:
2068 (1) The application fee shall not exceed $150 and shall be
2069 nonrefundable.
2070 (2) The examination fee shall not exceed $250, and the fee
2071 may be apportioned to each part of a multipart examination. The
2072 examination fee shall be refundable in whole or part if the
2073 applicant is found to be ineligible to take any portion of the
2074 licensure examination.
2075 (3) The initial license fee shall not exceed $100.
2076 (4) The biennial renewal fee shall not exceed $150.
2077 (5) The fee for a certificate of authorization shall not
2078 exceed $350 and the fee for renewal of the certificate shall not
2079 exceed $350.
2080 (5)(6) The fee for reactivation of an inactive license may
2081 shall not exceed $50.
2082 (6)(7) The fee for a provisional license may shall not
2083 exceed $400.
2084 (7)(8) The fee for application, examination, and licensure
2085 for a license by endorsement is shall be as provided in this
2086 section for licenses in general.
2087 Section 86. Subsection (1) of section 492.108, Florida
2088 Statutes, is amended to read:
2089 492.108 Licensure by endorsement; requirements; fees.—
2090 (1) The department shall issue a license by endorsement to
2091 any applicant who, upon applying to the department and remitting
2092 an application fee, has been certified by the board that he or
2093 she:
2094 (a) Has met the qualifications for licensure in s.
2095 492.105(1)(b)-(e) and:.
2096 1.(b) Is the holder of an active license in good standing
2097 in a state, trust, territory, or possession of the United
2098 States.
2099 2.(c) Was licensed through written examination in at least
2100 one state, trust, territory, or possession of the United States,
2101 the examination requirements of which have been approved by the
2102 board as substantially equivalent to or more stringent than
2103 those of this state, and has received a score on such
2104 examination which is equal to or greater than the score required
2105 by this state for licensure by examination.
2106 3.(d) Has taken and successfully passed the laws and rules
2107 portion of the examination required for licensure as a
2108 professional geologist in this state.
2109 (b) Has held a valid license to practice geology in another
2110 state, trust, territory, or possession of the United States for
2111 at least 10 years before the date of application and has
2112 successfully completed a state, regional, national, or other
2113 examination that is equivalent to or more stringent than the
2114 examination required by the department. If such applicant has
2115 met the requirements for a license by endorsement except
2116 successful completion of an examination that is equivalent to or
2117 more stringent than the examination required by the board, such
2118 applicant may take the examination required by the board. Such
2119 application must be submitted to the board while the applicant
2120 holds a valid license in another state or territory or within 2
2121 years after the expiration of such license.
2122 Section 87. Section 492.111, Florida Statutes, is amended
2123 to read:
2124 492.111 Practice of professional geology by a firm,
2125 corporation, or partnership; certificate of authorization.—The
2126 practice of, or offer to practice, professional geology by
2127 individual professional geologists licensed under the provisions
2128 of this chapter through a firm, corporation, or partnership
2129 offering geological services to the public through individually
2130 licensed professional geologists as agents, employees, officers,
2131 or partners thereof is permitted subject to the provisions of
2132 this chapter, if provided that:
2133 (1) At all times that it offers geological services to the
2134 public, the firm, corporation, or partnership is qualified by
2135 has on file with the department the name and license number of
2136 one or more individuals who hold a current, active license as a
2137 professional geologist in the state and are serving as a
2138 geologist of record for the firm, corporation, or partnership. A
2139 geologist of record may be any principal officer or employee of
2140 such firm or corporation, or any partner or employee of such
2141 partnership, who holds a current, active license as a
2142 professional geologist in this state, or any other Florida
2143 licensed professional geologist with whom the firm, corporation,
2144 or partnership has entered into a long-term, ongoing
2145 relationship, as defined by rule of the board, to serve as one
2146 of its geologists of record. It shall be the responsibility of
2147 the firm, corporation, or partnership and The geologist of
2148 record shall to notify the department of any changes in the
2149 relationship or identity of that geologist of record within 30
2150 days after such change.
2151 (2) The firm, corporation, or partnership has been issued a
2152 certificate of authorization by the department as provided in
2153 this chapter. For purposes of this section, a certificate of
2154 authorization shall be required of any firm, corporation,
2155 partnership, association, or person practicing under a
2156 fictitious name and offering geological services to the public;
2157 except that, when an individual is practicing professional
2158 geology in her or his own name, she or he shall not be required
2159 to obtain a certificate of authorization under this section.
2160 Such certificate of authorization shall be renewed every 2
2161 years.
2162 (2)(3) All final geological papers or documents involving
2163 the practice of the profession of geology which have been
2164 prepared or approved for the use of such firm, corporation, or
2165 partnership, for delivery to any person for public record with
2166 the state, shall be dated and bear the signature and seal of the
2167 professional geologist or professional geologists who prepared
2168 or approved them.
2169 (3)(4) Except as provided in s. 558.0035, the fact that a
2170 licensed professional geologist practices through a corporation
2171 or partnership does not relieve the registrant from personal
2172 liability for negligence, misconduct, or wrongful acts committed
2173 by her or him. The partnership and all partners are jointly and
2174 severally liable for the negligence, misconduct, or wrongful
2175 acts committed by their agents, employees, or partners while
2176 acting in a professional capacity. Any officer, agent, or
2177 employee of a corporation is personally liable and accountable
2178 only for negligent acts, wrongful acts, or misconduct committed
2179 by her or him or committed by any person under her or his direct
2180 supervision and control, while rendering professional services
2181 on behalf of the corporation. The personal liability of a
2182 shareholder of a corporation, in her or his capacity as
2183 shareholder, may be no greater than that of a shareholder
2184 employee of a corporation incorporated under chapter 607. The
2185 corporation is liable up to the full value of its property for
2186 any negligent acts, wrongful acts, or misconduct committed by
2187 any of its officers, agents, or employees while they are engaged
2188 on behalf of the corporation in the rendering of professional
2189 services.
2190 (5) The firm, corporation, or partnership desiring a
2191 certificate of authorization shall file with the department an
2192 application therefor, upon a form to be prescribed by the
2193 department, accompanied by the required application fee.
2194 (6) The department may refuse to issue a certificate of
2195 authorization if any facts exist which would entitle the
2196 department to suspend or revoke an existing certificate of
2197 authorization or if the department, after giving persons
2198 involved a full and fair hearing, determines that any of the
2199 officers or directors of said firm or corporation, or partners
2200 of said partnership, have violated the provisions of s. 492.113.
2201 Section 88. Subsection (4) of section 492.113, Florida
2202 Statutes, is amended to read:
2203 492.113 Disciplinary proceedings.—
2204 (4) The department shall reissue the license of a
2205 disciplined professional geologist or business upon
2206 certification by the board that the disciplined person has
2207 complied with all of the terms and conditions set forth in the
2208 final order.
2209 Section 89. Section 492.115, Florida Statutes, is amended
2210 to read:
2211 492.115 Roster of licensed professional geologists.—A
2212 roster showing the names and places of business or residence of
2213 all licensed professional geologists and all properly qualified
2214 firms, corporations, or partnerships practicing holding
2215 certificates of authorization to practice professional geology
2216 in the state shall be prepared annually by the department. A
2217 copy of this roster must be made available to shall be
2218 obtainable by each licensed professional geologist and each
2219 firm, corporation, or partnership qualified by a professional
2220 geologist holding a certificate of authorization, and copies
2221 thereof shall be placed on file with the department.
2222 Section 90. Section 509.102, Florida Statutes, is created
2223 to read:
2224 509.102 Mobile food dispensing vehicles; preemption.—
2225 (1) As used in this section, the term “mobile food
2226 dispensing vehicle” means any vehicle that is a public food
2227 service establishment and that is self-propelled or otherwise
2228 movable from place to place and includes self-contained
2229 utilities, including, but not limited to, gas, water,
2230 electricity, or liquid waste disposal.
2231 (2) Regulation of mobile food dispensing vehicles involving
2232 licenses, registrations, permits, and fees is preempted to the
2233 state. A municipality, county, or other local governmental
2234 entity may not require a separate license, registration, or
2235 permit other than the license required under s. 509.241, or
2236 require the payment of any license, registration, or permit fee
2237 other than the fee required under s. 509.251, as a condition for
2238 the operation of a mobile food dispensing vehicle within the
2239 entity’s jurisdiction. A municipality, county, or other local
2240 governmental entity may not prohibit mobile food dispensing
2241 vehicles from operating within the entirety of the entity’s
2242 jurisdiction.
2243 (3) This section may not be construed to affect a
2244 municipality, county, or other local governmental entity’s
2245 authority to regulate the operation of mobile food dispensing
2246 vehicles other than the regulations described in subsection (2).
2247 Section 91. Paragraph (i) of subsection (2) of section
2248 548.003, Florida Statutes, is amended to read:
2249 548.003 Florida State Boxing Commission.—
2250 (2) The Florida State Boxing Commission, as created by
2251 subsection (1), shall administer the provisions of this chapter.
2252 The commission has authority to adopt rules pursuant to ss.
2253 120.536(1) and 120.54 to implement the provisions of this
2254 chapter and to implement each of the duties and responsibilities
2255 conferred upon the commission, including, but not limited to:
2256 (i) Designation and duties of a knockdown timekeeper.
2257 Section 92. Subsection (1) of section 548.017, Florida
2258 Statutes, is amended to read:
2259 548.017 Participants, managers, and other persons required
2260 to have licenses.—
2261 (1) A participant, manager, trainer, second, timekeeper,
2262 referee, judge, announcer, physician, matchmaker, or promoter
2263 must be licensed before directly or indirectly acting in such
2264 capacity in connection with any match involving a participant. A
2265 physician approved by the commission must be licensed pursuant
2266 to chapter 458 or chapter 459, must maintain an unencumbered
2267 license in good standing, and must demonstrate satisfactory
2268 medical training or experience in boxing, or a combination of
2269 both, to the executive director before working as the ringside
2270 physician.
2271 Section 93. Paragraph (d) of subsection (1) of section
2272 553.5141, Florida Statutes, is amended to read:
2273 553.5141 Certifications of conformity and remediation
2274 plans.—
2275 (1) For purposes of this section:
2276 (d) “Qualified expert” means:
2277 1. An engineer licensed pursuant to chapter 471.
2278 2. A certified general contractor licensed pursuant to
2279 chapter 489.
2280 3. A certified building contractor licensed pursuant to
2281 chapter 489.
2282 4. A building code administrator licensed pursuant to
2283 chapter 468.
2284 5. A building inspector licensed pursuant to chapter 468.
2285 6. A plans examiner licensed pursuant to chapter 468.
2286 7. An interior designer registered licensed pursuant to
2287 chapter 481.
2288 8. An architect licensed pursuant to chapter 481.
2289 9. A landscape architect licensed pursuant to chapter 481.
2290 10. Any person who has prepared a remediation plan related
2291 to a claim under Title III of the Americans with Disabilities
2292 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
2293 court in a settlement agreement or court proceeding, or who has
2294 been qualified as an expert in Title III of the Americans with
2295 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
2296 Section 94. Effective January 1, 2021, subsection (1) of
2297 section 553.74, Florida Statutes, is amended to read:
2298 553.74 Florida Building Commission.—
2299 (1) The Florida Building Commission is created and located
2300 within the Department of Business and Professional Regulation
2301 for administrative purposes. Members are appointed by the
2302 Governor subject to confirmation by the Senate. The commission
2303 is composed of 19 27 members, consisting of the following
2304 members:
2305 (a) One architect licensed pursuant to chapter 481 with at
2306 least 5 years of experience in the design and construction of
2307 buildings designated for Group E or Group I occupancies by the
2308 Florida Building Code registered to practice in this state and
2309 actively engaged in the profession. The American Institute of
2310 Architects, Florida Section, is encouraged to recommend a list
2311 of candidates for consideration.
2312 (b) One structural engineer registered to practice in this
2313 state and actively engaged in the profession. The Florida
2314 Engineering Society is encouraged to recommend a list of
2315 candidates for consideration.
2316 (c) One air-conditioning contractor, or mechanical
2317 contractor, or mechanical engineer certified to do business in
2318 this state and actively engaged in the profession. The Florida
2319 Air Conditioning Contractors Association, the Florida
2320 Refrigeration and Air Conditioning Contractors Association, and
2321 the Mechanical Contractors Association of Florida, and the
2322 Florida Engineering Society are encouraged to recommend a list
2323 of candidates for consideration.
2324 (d) One electrical contractor or electrical engineer
2325 certified to do business in this state and actively engaged in
2326 the profession. The Florida Association of Electrical
2327 Contractors, and the National Electrical Contractors
2328 Association, Florida Chapter, and the Florida Engineering
2329 Society are encouraged to recommend a list of candidates for
2330 consideration.
2331 (e) One member from fire protection engineering or
2332 technology who is actively engaged in the profession. The
2333 Florida Chapter of the Society of Fire Protection Engineers and
2334 the Florida Fire Marshals and Inspectors Association are
2335 encouraged to recommend a list of candidates for consideration.
2336 (e)(f) One certified general contractor or one certified
2337 building contractor certified to do business in this state and
2338 actively engaged in the profession. The Associated Builders and
2339 Contractors of Florida, the Florida Associated General
2340 Contractors Council, the Florida Home Builders Association, and
2341 the Union Contractors Association are encouraged to recommend a
2342 list of candidates for consideration.
2343 (f)(g) One plumbing contractor licensed to do business in
2344 this state and actively engaged in the profession. The Florida
2345 Association of Plumbing, Heating, and Cooling Contractors is
2346 encouraged to recommend a list of candidates for consideration.
2347 (g)(h) One roofing or sheet metal contractor certified to
2348 do business in this state and actively engaged in the
2349 profession. The Florida Roofing, Sheet Metal, and Air
2350 Conditioning Contractors Association and the Sheet Metal and Air
2351 Conditioning Contractors’ National Association are encouraged to
2352 recommend a list of candidates for consideration.
2353 (h)(i) One certified residential contractor licensed to do
2354 business in this state and actively engaged in the profession.
2355 The Florida Home Builders Association is encouraged to recommend
2356 a list of candidates for consideration.
2357 (i)(j) Three members who are municipal, county, or district
2358 codes enforcement officials, one of whom is also a fire
2359 official. The Building Officials Association of Florida and the
2360 Florida Fire Marshals and Inspectors Association are encouraged
2361 to recommend a list of candidates for consideration.
2362 (k) One member who represents the Department of Financial
2363 Services.
2364 (l) One member who is a county codes enforcement official.
2365 The Building Officials Association of Florida is encouraged to
2366 recommend a list of candidates for consideration.
2367 (j)(m) One member of a Florida-based organization of
2368 persons with disabilities or a nationally chartered organization
2369 of persons with disabilities with chapters in this state which
2370 complies with or is certified to be compliant with the
2371 requirements of the Americans with Disability Act of 1990, as
2372 amended.
2373 (k)(n) One member of the manufactured buildings industry
2374 who is licensed to do business in this state and is actively
2375 engaged in the industry. The Florida Manufactured Housing
2376 Association is encouraged to recommend a list of candidates for
2377 consideration.
2378 (o) One mechanical or electrical engineer registered to
2379 practice in this state and actively engaged in the profession.
2380 The Florida Engineering Society is encouraged to recommend a
2381 list of candidates for consideration.
2382 (p) One member who is a representative of a municipality or
2383 a charter county. The Florida League of Cities and the Florida
2384 Association of Counties are encouraged to recommend a list of
2385 candidates for consideration.
2386 (l)(q) One member of the building products manufacturing
2387 industry who is authorized to do business in this state and is
2388 actively engaged in the industry. The Florida Building Material
2389 Association, the Florida Concrete and Products Association, and
2390 the Fenestration Manufacturers Association are encouraged to
2391 recommend a list of candidates for consideration.
2392 (m)(r) One member who is a representative of the building
2393 owners and managers industry who is actively engaged in
2394 commercial building ownership or management. The Building Owners
2395 and Managers Association is encouraged to recommend a list of
2396 candidates for consideration.
2397 (n)(s) One member who is a representative of the insurance
2398 industry. The Florida Insurance Council is encouraged to
2399 recommend a list of candidates for consideration.
2400 (t) One member who is a representative of public education.
2401 (o)(u) One member who is a swimming pool contractor
2402 licensed to do business in this state and actively engaged in
2403 the profession. The Florida Swimming Pool Association and the
2404 United Pool and Spa Association are encouraged to recommend a
2405 list of candidates for consideration.
2406 (p)(v) One member who is a representative of the green
2407 building industry and who is a third-party commission agent, a
2408 Florida board member of the United States Green Building Council
2409 or Green Building Initiative, a professional who is accredited
2410 under the International Green Construction Code (IGCC), or a
2411 professional who is accredited under Leadership in Energy and
2412 Environmental Design (LEED).
2413 (q)(w) One member who is a representative of a natural gas
2414 distribution system and who is actively engaged in the
2415 distribution of natural gas in this state. The Florida Natural
2416 Gas Association is encouraged to recommend a list of candidates
2417 for consideration.
2418 (x) One member who is a representative of the Department of
2419 Agriculture and Consumer Services’ Office of Energy. The
2420 Commissioner of Agriculture is encouraged to recommend a list of
2421 candidates for consideration.
2422 (y) One member who shall be the chair.
2423 Section 95. Subsections (5) and (6) are added to section
2424 823.15, Florida Statutes, to read:
2425 823.15 Dogs and cats released from animal shelters or
2426 animal control agencies; sterilization requirement.—
2427 (5) Employees, agents, or contractors of a public or
2428 private animal shelter, a humane organization, or an animal
2429 control agency operated by a humane organization or by a county,
2430 municipality, or other incorporated political subdivision may
2431 implant dogs and cats with radio frequency identification
2432 microchips as part of their work with such public or private
2433 animal shelter, humane organization, or animal control agency.
2434 (6) Notwithstanding s. 474.2165, employees, agents, or
2435 contractors of a public or private animal shelter, a humane
2436 organization, or an animal control agency operated by a humane
2437 organization or by a county, municipality, or other incorporated
2438 political subdivision may contact the owner of record listed on
2439 a radio frequency identification microchip to verify pet
2440 ownership.
2441
2442 ================= T I T L E A M E N D M E N T ================
2443 And the title is amended as follows:
2444 Delete lines 37 - 205
2445 and insert:
2446 creating s. 455.2278, F.S.; defining terms;
2447 prohibiting the department or a board from suspending
2448 or revoking a person’s license solely on the basis of
2449 a delinquency or default in the payment of his or her
2450 student loan; prohibiting the department or a board
2451 from suspending or revoking a person’s license solely
2452 on the basis of a default in satisfying the
2453 requirements of his or her work-conditional
2454 scholarship; amending s. 456.072, F.S.; specifying
2455 that the failure to repay certain student loans is not
2456 considered a failure to perform a statutory or legal
2457 obligation for which certain disciplinary action can
2458 be taken; conforming provisions to changes made by the
2459 act; repealing s. 456.0721, F.S., relating to health
2460 care practitioners who are in default on student loan
2461 or scholarship obligations; amending s. 456.074, F.S.;
2462 deleting a provision relating to the suspension of a
2463 license issued by the Department of Health for
2464 defaulting on certain student loans; amending s.
2465 468.385, F.S.; revising requirements relating to
2466 businesses auctioning or offering to auction property
2467 in this state; amending s. 468.401, F.S.; revising
2468 definitions; repealing ss. 468.402, 468.403, 468.404,
2469 and 468.405, F.S., relating to duties and authority of
2470 the Department of Business and Professional Regulation
2471 with regard to licensure of talent agencies, licensure
2472 requirements, license fees and renewals, and
2473 qualification for a talent agency license,
2474 respectively; amending s. 468.406, F.S.; requiring an
2475 owner or operator of a talent agency to post an
2476 itemized schedule of fees, charges, and commissions in
2477 a specified place; repealing s. 468.407, F.S.,
2478 relating to the form and posting requirements for a
2479 license; amending s. 468.408, F.S.; conforming
2480 provisions to changes made by the act; prohibiting
2481 certain bonds from being issued or renewed by a
2482 bonding agency to an owner or operator of a talent
2483 agency unless the bonding agency verifies that each
2484 owner or operator has not been convicted of specified
2485 crimes; amending s. 468.409, F.S.; deleting a
2486 requirement for record inspection; amending s.
2487 468.410, F.S.; deleting a requirement to include
2488 specified information in a contract between a talent
2489 agency and applicant; amending s. 468.412, F.S.;
2490 deleting recordkeeping and posting requirements;
2491 amending s. 468.413, F.S.; revising criminal
2492 penalties; conforming provisions to changes made by
2493 the act; repealing s. 468.414, F.S., relating to the
2494 deposit of certain funds in the Professional
2495 Regulation Trust Fund; amending s. 468.415, F.S.;
2496 prohibiting any agent, owner, or operator who commits
2497 sexual misconduct in the operation of a talent agency
2498 from acting as an agent, owner, or operator of a
2499 Florida talent agency; amending s. 468.505, F.S.;
2500 providing that certain unlicensed persons are not
2501 prohibited or restricted from his or her practice,
2502 services, or activities in dietetics and nutrition
2503 under certain circumstances; amending 468.524, F.S.;
2504 deleting specified exemptions from the time
2505 restriction for an employee leasing company to reapply
2506 for licensure; amending s. 468.603, F.S.; revising
2507 which inspectors are included in the definition of the
2508 term “categories of building code inspectors”;
2509 amending s. 468.609, F.S.; revising certain experience
2510 requirements for a person to take the examination for
2511 certification; revising the time period a provisional
2512 certificate is valid; amending s. 468.613, F.S.;
2513 providing for waiver of specified requirements for
2514 certification under certain circumstances; amending s.
2515 468.8314, F.S.; requiring an applicant for a license
2516 by endorsement to maintain a specified insurance
2517 policy; requiring the department to certify an
2518 applicant who holds a specified license issued by
2519 another state or territory of the United States under
2520 certain circumstances; amending s. 471.015, F.S.;
2521 revising licensure requirements for engineers who hold
2522 specified licenses in another state; amending s.
2523 473.308, F.S.; deleting continuing education
2524 requirements for license by endorsement for certified
2525 public accountants; amending s. 474.202, F.S.;
2526 revising the definition of the term “limited-service
2527 veterinary medical practice” to include certain
2528 procedures; amending s. 474.207, F.S.; revising
2529 education requirements for licensure by examination;
2530 amending s. 474.217, F.S.; requiring the department to
2531 issue a license by endorsement to certain applicants
2532 who successfully complete a specified examination;
2533 amending s. 476.114, F.S.; revising training
2534 requirements for licensure as a barber; amending s.
2535 476.144, F.S.; requiring the department to certify as
2536 qualified for licensure by endorsement an applicant
2537 who is licensed to practice barbering in another
2538 state; amending s. 477.013, F.S.; revising the
2539 definition of the term “hair braiding”; repealing s.
2540 477.0132, F.S., relating to registration for hair
2541 braiding, hair wrapping, and body wrapping; amending
2542 s. 477.0135, F.S.; providing additional exemptions
2543 from license or registration requirements for
2544 specified occupations or practices; amending s.
2545 477.019, F.S.; deleting a provision prohibiting the
2546 Board of Cosmetology from asking for proof of certain
2547 educational hours under certain circumstances;
2548 conforming provisions to changes made by the act;
2549 amending s. 477.0201, F.S.; providing requirements for
2550 registration as a specialist; amending s. 477.026,
2551 F.S.; conforming provisions to changes made by the
2552 act; amending s. 477.0263, F.S.; providing that
2553 certain cosmetology services may be performed in a
2554 location other than a licensed salon under certain
2555 circumstances; amending ss. 477.0265 and 477.029,
2556 F.S.; conforming provisions to changes made by the
2557 act; amending s. 481.201, F.S.; deleting legislative
2558 findings relating to the practice of interior design;
2559 amending s. 481.203, F.S.; revising and deleting
2560 definitions; amending s. 481.205, F.S.; conforming
2561 provisions to changes made by the act; amending s.
2562 481.207, F.S.; revising certain fees for interior
2563 designers; conforming provisions to changes made by
2564 the act; amending s. 481.209, F.S.; providing
2565 requirements for a certificate of registration and a
2566 seal for interior designers; specifying certain
2567 persons who are already licensed as an interior
2568 designer is eligible to obtain a certificate of
2569 registration; conforming provisions to changes made by
2570 the act; amending s. 481.213, F.S.; revising
2571 requirements for certification of licensure by
2572 endorsement for a certain licensee to engage in the
2573 practice of architecture; providing that a
2574 registration is not required for specified persons to
2575 practice; conforming provisions to changes made by the
2576 act; amending s. 481.2131, F.S.; requiring certain
2577 interior designers to include a specified seal when
2578 submitting documents for the issuance of a building
2579 permit; amending s. 481.215, F.S.; conforming
2580 provisions to changes made by the act; revising the
2581 number of hours of specified courses the board must
2582 require for the renewal of a license or certificate of
2583 registration; authorizing licensees to complete
2584 certain courses online; amending s. 481.217, F.S.;
2585 conforming provisions to changes made by the act;
2586 amending s. 481.219, F.S.; deleting provisions
2587 permitting the practice of or offer to practice
2588 interior design through certain business
2589 organizations; deleting provisions requiring
2590 certificates of authorization for certain business
2591 organizations offering interior design services to the
2592 public; requiring a licensee or applicant in the
2593 practice of architecture to qualify as a business
2594 organization; providing requirements; amending s.
2595 481.221, F.S.; conforming provisions to changes made
2596 by the act; requiring registered architects and
2597 certain business organizations to display certain
2598 license numbers in specified advertisements; amending
2599 s. 481.223, F.S.; providing construction; conforming
2600 provisions to changes made by the act; amending s.
2601 481.2251, F.S.; revising the acts that constitute
2602 grounds for disciplinary actions relating to interior
2603 designers; conforming provisions to changes made by
2604 the act; amending ss. 481.229 and 481.231, F.S.;
2605 conforming provisions to changes made by the act;
2606 amending s. 481.303, F.S.; deleting the definition of
2607 the term “certificate of authorization”; amending s.
2608 481.310, F.S.; providing that an applicant who holds
2609 certain degrees is not required to demonstrate 1 year
2610 of practical experience for licensure; amending s.
2611 481.311, F.S.; revising requirements for certification
2612 of licensure by endorsement for a certain applicant to
2613 engage in the practice of landscape architecture;
2614 amending s. 481.313, F.S.; authorizing a landscape
2615 architect to receive hour-for-hour credit for certain
2616 approved continuing education courses under certain
2617 circumstances; amending s. 481.317, F.S.; conforming
2618 provisions to changes made by the act; amending s.
2619 481.319, F.S.; deleting the requirement for a
2620 certificate of authorization; authorizing landscape
2621 architects to practice in the name of a corporation or
2622 partnership; amending s. 481.321, F.S.; requiring a
2623 landscape architect to display a certain certificate
2624 number in specified advertisements; amending s.
2625 481.329, F.S.; conforming a cross-reference; amending
2626 s. 489.103, F.S.; revising certain contract prices for
2627 exemption; amending s. 489.111, F.S.; revising
2628 provisions relating to eligibility for licensure;
2629 amending s. 489.113, F.S.; providing that applicants
2630 who meet certain requirements are not required to pass
2631 a specified examination; amending s. 489.115, F.S.;
2632 requiring the Construction Industry Licensing Board to
2633 certify any applicant who holds a specified license to
2634 practice contracting issued by another state or
2635 territory of the United States under certain
2636 circumstances; requiring certain applicants to
2637 complete certain training; amending s. 489.511, F.S.;
2638 requiring the board to certify as qualified for
2639 certification by endorsement any applicant who holds a
2640 specified license to practice electrical or alarm
2641 system contracting issued by another state or
2642 territory of the United States under certain
2643 circumstances; requiring certain applicants to
2644 complete certain training; amending s. 489.517, F.S.;
2645 providing a reduction in certain continuing education
2646 hours required for certain contractors; amending s.
2647 489.518, F.S.; requiring a person to have completed a
2648 specified amount of training within a certain time
2649 period to perform the duties of an alarm system agent;
2650 amending s. 492.104, F.S.; conforming provisions to
2651 changes made by the act; amending 492.108, F.S.;
2652 requiring the department to issue a license by
2653 endorsement to any applicant who has held a specified
2654 license to practice geology in another state, trust,
2655 territory, or possession of the United States for a
2656 certain period of time; providing that an applicant
2657 may take the examination required by the board if they
2658 have not met the specified examination requirement;
2659 amending s. 492.111, F.S.; deleting the requirements
2660 for a certificate of authorization for a professional
2661 geologist; amending ss. 492.113 and 492.115, F.S.;
2662 conforming provisions to changes made by the act;
2663 creating s. 509.102; defining the term “mobile food
2664 dispensing vehicle”; preempting certain regulation of
2665 mobile food dispensing vehicles to the state;
2666 prohibiting certain entities from prohibiting mobile
2667 food dispensing vehicles from operating within the
2668 entirety of such entities’ jurisdictions; providing
2669 construction; amending s. 548.003, F.S.; deleting the
2670 requirement that the Florida State Boxing Commission
2671 adopt rules relating to a knockdown timekeeper;
2672 amending s. 548.017, F.S.; deleting the licensure
2673 requirement for a timekeeper or an announcer; amending
2674 s. 553.5141, F.S.; conforming provisions to changes
2675 made by the act; amending s. 553.74, F.S.; revising
2676 the membership and qualifications of the Florida
2677 Building Commission; amending s. 823.15, F.S.;
2678 authorizing certain persons to implant dogs and cats
2679 with specified microchips under certain circumstances;
2680 authorizing certain persons to contact the owner of
2681 record listed on radio frequency identification
2682 microchips under certain circumstances; amending ss.
2683 558.002,