Florida Senate - 2020                CS for CS for CS for SB 474
       
       
        
       By the Committees on Appropriations; Commerce and Tourism; and
       Innovation, Industry, and Technology; and Senators Albritton and
       Gruters
       
       
       
       576-03984-20                                           2020474c3
    1                        A bill to be entitled                      
    2         An act relating to the deregulation of professions and
    3         occupations; providing a short title; amending s.
    4         322.57, F.S.; defining the term “servicemember”;
    5         requiring the Department of Highway Safety and Motor
    6         Vehicles to waive the requirement to pass the
    7         Commercial Driver License Skills Tests for certain
    8         servicemembers and veterans; requiring an applicant
    9         who receives such waiver to complete certain
   10         requirements within a specified time; requiring the
   11         department to adopt rules; amending s. 326.004, F.S.;
   12         deleting the requirement that a yacht broker maintain
   13         a separate license for each branch office; deleting
   14         the requirement that the Division of Florida
   15         Condominiums, Timeshares, and Mobile Homes establish a
   16         fee; amending s. 447.02, F.S.; conforming provisions
   17         to changes made by the act; repealing s. 447.04, F.S.,
   18         relating to licensure and permit requirements for
   19         business agents; repealing s. 447.041, F.S., relating
   20         to hearings for persons or labor organizations denied
   21         licensure as a business agent; repealing s. 447.045,
   22         F.S., relating to confidential information obtained
   23         during the application process; repealing s. 447.06,
   24         F.S., relating to required registration of labor
   25         organizations; amending s. 447.09, F.S.; deleting
   26         certain prohibited actions relating to the right of
   27         franchise of a member of a labor organization;
   28         repealing s. 447.12, F.S., relating to registration
   29         fees; repealing s. 447.16, F.S., relating to
   30         applicability; amending s. 447.305, F.S.; deleting a
   31         provision that requires notification of registrations
   32         and renewals to the Department of Business and
   33         Professional Regulation; amending s. 455.213, F.S.;
   34         requiring the department or a board to enter into
   35         reciprocal licensing agreements with other states
   36         under certain circumstances; providing requirements;
   37         creating s. 455.2278, F.S.; defining terms;
   38         prohibiting the department or a board from suspending
   39         or revoking a person’s license solely on the basis of
   40         a delinquency or default in the payment of his or her
   41         student loan; prohibiting the department or a board
   42         from suspending or revoking a person’s license solely
   43         on the basis of a default in satisfying the
   44         requirements of his or her work-conditional
   45         scholarship; amending s. 456.072, F.S.; specifying
   46         that the failure to repay certain student loans is not
   47         considered a failure to perform a statutory or legal
   48         obligation for which certain disciplinary action can
   49         be taken; conforming provisions to changes made by the
   50         act; repealing s. 456.0721, F.S., relating to health
   51         care practitioners who are in default on student loan
   52         or scholarship obligations; amending s. 456.074, F.S.;
   53         deleting a provision relating to the suspension of a
   54         license issued by the Department of Health for
   55         defaulting on certain student loans; amending s.
   56         468.385, F.S.; revising requirements relating to
   57         businesses auctioning or offering to auction property
   58         in this state; amending s. 468.401, F.S.; revising
   59         definitions; repealing ss. 468.402, 468.403, 468.404,
   60         and 468.405, F.S., relating to duties and authority of
   61         the Department of Business and Professional Regulation
   62         with regard to licensure of talent agencies, licensure
   63         requirements, license fees and renewals, and
   64         qualification for a talent agency license,
   65         respectively; amending s. 468.406, F.S.; requiring an
   66         owner or operator of a talent agency to post an
   67         itemized schedule of fees, charges, and commissions in
   68         a specified place; repealing s. 468.407, F.S.,
   69         relating to the form and posting requirements for a
   70         license; amending s. 468.408, F.S.; conforming
   71         provisions to changes made by the act; prohibiting
   72         certain bonds from being issued or renewed by a
   73         bonding agency to an owner or operator of a talent
   74         agency unless the bonding agency verifies that each
   75         owner or operator has not been convicted of specified
   76         crimes; amending s. 468.409, F.S.; deleting a
   77         requirement for record inspection; amending s.
   78         468.410, F.S.; deleting a requirement to include
   79         specified information in a contract between a talent
   80         agency and an applicant; amending s. 468.412, F.S.;
   81         deleting recordkeeping and posting requirements;
   82         amending s. 468.413, F.S.; revising criminal
   83         penalties; conforming provisions to changes made by
   84         the act; repealing s. 468.414, F.S., relating to the
   85         deposit of certain funds in the Professional
   86         Regulation Trust Fund; amending s. 468.415, F.S.;
   87         prohibiting any agent, owner, or operator who commits
   88         sexual misconduct in the operation of a talent agency
   89         from acting as an agent, owner, or operator of a
   90         Florida talent agency; amending s. 468.505, F.S.;
   91         providing that certain unlicensed persons are not
   92         prohibited or restricted from his or her practice,
   93         services, or activities in dietetics and nutrition
   94         under certain circumstances; amending s. 468.524,
   95         F.S.; deleting specified exemptions from the time
   96         restriction for an employee leasing company to reapply
   97         for licensure; amending s. 468.603, F.S.; revising
   98         which inspectors are included in the definition of the
   99         term “categories of building code inspectors”;
  100         amending s. 468.609, F.S.; revising certain experience
  101         requirements for a person to take the examination for
  102         certification; revising the time period a provisional
  103         certificate is valid; amending s. 468.613, F.S.;
  104         providing for waiver of specified requirements for
  105         certification under certain circumstances; amending s.
  106         468.8314, F.S.; requiring an applicant for a license
  107         by endorsement to maintain a specified insurance
  108         policy; requiring the department to certify an
  109         applicant who holds a specified license issued by
  110         another state or territory of the United States under
  111         certain circumstances; amending s. 471.015, F.S.;
  112         revising licensure requirements for engineers who hold
  113         specified licenses in another state; amending s.
  114         473.308, F.S.; deleting continuing education
  115         requirements for license by endorsement for certified
  116         public accountants; amending s. 474.202, F.S.;
  117         revising the definition of the term “limited-service
  118         veterinary medical practice” to include certain
  119         procedures; amending s. 474.207, F.S.; revising
  120         education requirements for licensure by examination;
  121         amending s. 474.217, F.S.; requiring the department to
  122         issue a license by endorsement to certain applicants
  123         who successfully complete a specified examination;
  124         amending s. 476.114, F.S.; revising training
  125         requirements for licensure as a barber; amending s.
  126         476.144, F.S.; requiring the department to certify as
  127         qualified for licensure by endorsement an applicant
  128         who is licensed to practice barbering in another
  129         state; amending s. 477.013, F.S.; revising the
  130         definition of the term “hair braiding”; repealing s.
  131         477.0132, F.S., relating to registration for hair
  132         braiding, hair wrapping, and body wrapping; amending
  133         s. 477.0135, F.S.; providing additional exemptions
  134         from license or registration requirements for
  135         specified occupations or practices; amending s.
  136         477.019, F.S.; deleting a provision prohibiting the
  137         Board of Cosmetology from asking for proof of certain
  138         educational hours under certain circumstances;
  139         conforming provisions to changes made by the act;
  140         amending s. 477.0201, F.S.; providing requirements for
  141         registration as a specialist; amending s. 477.026,
  142         F.S.; conforming provisions to changes made by the
  143         act; amending s. 477.0263, F.S.; providing that
  144         certain cosmetology services may be performed in a
  145         location other than a licensed salon under certain
  146         circumstances; amending ss. 477.0265 and 477.029,
  147         F.S.; conforming provisions to changes made by the
  148         act; amending s. 481.201, F.S.; deleting legislative
  149         findings relating to the practice of interior design;
  150         amending s. 481.203, F.S.; revising and deleting
  151         definitions; amending s. 481.205, F.S.; conforming
  152         provisions to changes made by the act; amending s.
  153         481.207, F.S.; revising certain fees for interior
  154         designers; conforming provisions to changes made by
  155         the act; amending s. 481.209, F.S.; providing
  156         requirements for a certificate of registration and a
  157         seal for interior designers; specifying that certain
  158         persons who are already licensed as interior designers
  159         are eligible to obtain a certificate of registration;
  160         conforming provisions to changes made by the act;
  161         amending s. 481.213, F.S.; revising requirements for
  162         certification of licensure by endorsement for a
  163         certain licensee to engage in the practice of
  164         architecture; providing that a certificate of
  165         registration is not required for specified persons to
  166         practice; conforming provisions to changes made by the
  167         act; amending s. 481.2131, F.S.; requiring certain
  168         interior designers to include a specified seal when
  169         submitting documents for the issuance of a building
  170         permit; amending s. 481.215, F.S.; conforming
  171         provisions to changes made by the act; revising the
  172         number of hours of specified courses the board must
  173         require for the renewal of a license or certificate of
  174         registration; authorizing licensees to complete
  175         certain courses online; amending s. 481.217, F.S.;
  176         conforming provisions to changes made by the act;
  177         amending s. 481.219, F.S.; deleting provisions
  178         permitting the practice of or offer to practice
  179         interior design through certain business
  180         organizations; deleting provisions requiring
  181         certificates of authorization for certain business
  182         organizations offering interior design services to the
  183         public; requiring a licensee or applicant in the
  184         practice of architecture to qualify as a business
  185         organization; providing requirements; amending s.
  186         481.221, F.S.; conforming provisions to changes made
  187         by the act; requiring registered architects and
  188         certain business organizations to display certain
  189         license numbers in specified advertisements; amending
  190         s. 481.223, F.S.; providing construction; conforming
  191         provisions to changes made by the act; amending s.
  192         481.2251, F.S.; revising the acts that constitute
  193         grounds for disciplinary actions relating to interior
  194         designers; conforming provisions to changes made by
  195         the act; amending ss. 481.229 and 481.231, F.S.;
  196         conforming provisions to changes made by the act;
  197         amending s. 481.303, F.S.; deleting the definition of
  198         the term “certificate of authorization”; amending s.
  199         481.310, F.S.; providing that an applicant who holds
  200         certain degrees is not required to demonstrate 1 year
  201         of practical experience for licensure; amending s.
  202         481.311, F.S.; revising requirements for certification
  203         of licensure by endorsement for a certain applicant to
  204         engage in the practice of landscape architecture;
  205         amending s. 481.313, F.S.; authorizing a landscape
  206         architect to receive hour-for-hour credit for certain
  207         approved continuing education courses under certain
  208         circumstances; amending s. 481.317, F.S.; conforming
  209         provisions to changes made by the act; amending s.
  210         481.319, F.S.; deleting the requirement for a
  211         certificate of authorization; authorizing landscape
  212         architects to practice in the name of a corporation or
  213         partnership; amending s. 481.321, F.S.; requiring a
  214         landscape architect to display a certain certificate
  215         number in specified advertisements; amending s.
  216         481.329, F.S.; conforming a cross-reference; amending
  217         s. 489.103, F.S.; revising certain contract prices for
  218         exemption; amending s. 489.111, F.S.; revising
  219         provisions relating to eligibility for licensure;
  220         amending s. 489.113, F.S.; providing that applicants
  221         who meet certain requirements are not required to pass
  222         a specified examination; amending s. 489.115, F.S.;
  223         requiring the Construction Industry Licensing Board to
  224         certify any applicant who holds a specified license to
  225         practice contracting issued by another state or
  226         territory of the United States under certain
  227         circumstances; requiring certain applicants to
  228         complete certain training; amending s. 489.511, F.S.;
  229         requiring the board to certify as qualified for
  230         certification by endorsement any applicant who holds a
  231         specified license to practice electrical or alarm
  232         system contracting issued by another state or
  233         territory of the United States under certain
  234         circumstances; requiring certain applicants to
  235         complete certain training; amending s. 489.517, F.S.;
  236         providing a reduction in certain continuing education
  237         hours required for certain contractors; amending s.
  238         489.518, F.S.; requiring a person to have completed a
  239         specified amount of training within a certain time
  240         period to perform the duties of an alarm system agent;
  241         amending s. 492.104, F.S.; conforming provisions to
  242         changes made by the act; amending 492.108, F.S.;
  243         requiring the department to issue a license by
  244         endorsement to any applicant who has held a specified
  245         license to practice geology in another state, trust,
  246         territory, or possession of the United States for a
  247         certain period of time; providing that an applicant
  248         may take the examination required by the board if they
  249         have not met the specified examination requirement;
  250         amending s. 492.111, F.S.; deleting the requirements
  251         for a certificate of authorization for a professional
  252         geologist; amending ss. 492.113 and 492.115, F.S.;
  253         conforming provisions to changes made by the act;
  254         creating s. 509.102, F.S.; defining the term “mobile
  255         food dispensing vehicle”; preempting certain
  256         regulation of mobile food dispensing vehicles to the
  257         state; prohibiting certain entities from prohibiting
  258         mobile food dispensing vehicles from operating within
  259         the entirety of such entities’ jurisdictions;
  260         providing construction; amending s. 548.003, F.S.;
  261         deleting the requirement that the Florida State Boxing
  262         Commission adopt rules relating to a knockdown
  263         timekeeper; amending s. 548.017, F.S.; deleting the
  264         licensure requirement for a timekeeper or an
  265         announcer; amending s. 553.5141, F.S.; conforming
  266         provisions to changes made by the act; amending s.
  267         553.74, F.S.; revising the membership and
  268         qualifications of the Florida Building Commission;
  269         amending s. 823.15, F.S.; authorizing certain persons
  270         to implant dogs and cats with specified microchips
  271         under certain circumstances; authorizing certain
  272         persons to contact the owner of record listed on radio
  273         frequency identification microchips under certain
  274         circumstances; amending ss. 558.002, 559.25, and
  275         287.055, F.S.; conforming provisions to changes made
  276         by the act; providing effective dates.
  277          
  278  Be It Enacted by the Legislature of the State of Florida:
  279  
  280         Section 1. This act may be cited as the “Occupational
  281  Freedom and Opportunity Act.”
  282         Section 2. Present subsection (4) of section 322.57,
  283  Florida Statutes, is redesignated as subsection (5), and a new
  284  subsection (4) is added to that section, to read
  285         322.57 Tests of knowledge concerning specified vehicles;
  286  endorsement; nonresidents; violations.—
  287         (4)(a)As used in this subsection, the term “servicemember”
  288  means a member of any branch of the United States military or
  289  military reserves, the United States Coast Guard or its
  290  reserves, the Florida National Guard, or the Florida Air
  291  National Guard.
  292         (b)The department shall waive the requirement to pass the
  293  Commercial Driver License Skills Tests for servicemembers and
  294  veterans if:
  295         1.The applicant has been honorably discharged from
  296  military service within 1 year of the application, if the
  297  applicant is a veteran;
  298         2.The applicant is trained as an MOS 88M Army Motor
  299  Transport Operator or similar military job specialty;
  300         3.The applicant has received training to operate large
  301  trucks in compliance with the Federal Motor Carrier Safety
  302  Administration; and
  303         4.The applicant has at least 2 years of experience in the
  304  military driving vehicles that would require a commercial driver
  305  license to operate.
  306         (c)An applicant must complete every other requirement for
  307  a commercial driver license within 1 year of receiving a waiver
  308  under paragraph (b) or the waiver is invalid.
  309         (d)The department shall adopt rules to administer this
  310  subsection.
  311         Section 3. Subsection (13) of section 326.004, Florida
  312  Statutes, is amended to read:
  313         326.004 Licensing.—
  314         (13) Each broker must maintain a principal place of
  315  business in this state and may establish branch offices in the
  316  state. A separate license must be maintained for each branch
  317  office. The division shall establish by rule a fee not to exceed
  318  $100 for each branch office license.
  319         Section 4. Subsection (3) of section 447.02, Florida
  320  Statutes, is amended to read:
  321         447.02 Definitions.—The following terms, when used in this
  322  chapter, shall have the meanings ascribed to them in this
  323  section:
  324         (3)The term “department” means the Department of Business
  325  and Professional Regulation.
  326         Section 5. Section 447.04, Florida Statutes, is repealed.
  327         Section 6. Section 447.041, Florida Statutes, is repealed.
  328         Section 7. Section 447.045, Florida Statutes, is repealed.
  329         Section 8. Section 447.06, Florida Statutes, is repealed.
  330         Section 9. Subsections (6) and (8) of section 447.09,
  331  Florida Statutes, are amended to read:
  332         447.09 Right of franchise preserved; penalties.—It shall be
  333  unlawful for any person:
  334         (6)To act as a business agent without having obtained and
  335  possessing a valid and subsisting license or permit.
  336         (8)To make any false statement in an application for a
  337  license.
  338         Section 10. Section 447.12, Florida Statutes, is repealed.
  339         Section 11. Section 447.16, Florida Statutes, is repealed.
  340         Section 12. Subsection (4) of section 447.305, Florida
  341  Statutes, is amended to read:
  342         447.305 Registration of employee organization.—
  343         (4)Notification of registrations and renewals of
  344  registration shall be furnished at regular intervals by the
  345  commission to the Department of Business and Professional
  346  Regulation.
  347         Section 13. Subsection (14) is added to section 455.213,
  348  Florida Statutes, to read:
  349         455.213 General licensing provisions.—
  350         (14)The department or a board must enter into a reciprocal
  351  licensing agreement with other states if the practice act within
  352  the purview of this chapter permits such agreement. If a
  353  reciprocal licensing agreement exists or if the department or
  354  board has determined another state’s licensing requirements or
  355  examinations to be substantially equivalent or more stringent to
  356  those under the practice act, the department or board must post
  357  on its website which jurisdictions have such reciprocal
  358  licensing agreements or substantially similar licenses.
  359         Section 14. Section 455.2278, Florida Statutes, is created
  360  to read:
  361         455.2278Restriction on disciplinary action for student
  362  loan default.—
  363         (1)DEFINITIONS.—As used in this section, the term:
  364         (a)“Default” means the failure to repay a student loan
  365  according to the terms agreed to in the promissory note.
  366         (b)“Delinquency” means the failure to make a student loan
  367  payment when it is due.
  368         (c)“Student loan” means a federal-guaranteed or state
  369  guaranteed loan for the purposes of postsecondary education.
  370         (d)“Work-conditional scholarship” means an award of
  371  financial aid for a student to further his or her education
  372  which imposes an obligation on the student to complete certain
  373  work-related requirements to receive or to continue receiving
  374  the scholarship.
  375         (2)STUDENT LOAN DEFAULT; DELINQUENCY.—The department or a
  376  board may not suspend or revoke a license that it has issued to
  377  any person who is in default on or delinquent in the payment of
  378  his or her student loans solely on the basis of such default or
  379  delinquency.
  380         (3)WORK-CONDITIONAL SCHOLARSHIP DEFAULT.—The department or
  381  a board may not suspend or revoke a license that it has issued
  382  to any person who is in default on the satisfaction of the
  383  requirements of his or her work-conditional scholarship solely
  384  on the basis of such default.
  385         Section 15. Paragraph (k) of subsection (1) of section
  386  456.072, Florida Statutes, is amended to read:
  387         456.072 Grounds for discipline; penalties; enforcement.—
  388         (1) The following acts shall constitute grounds for which
  389  the disciplinary actions specified in subsection (2) may be
  390  taken:
  391         (k) Failing to perform any statutory or legal obligation
  392  placed upon a licensee. For purposes of this section, failing to
  393  repay a student loan issued or guaranteed by the state or the
  394  Federal Government in accordance with the terms of the loan is
  395  not or failing to comply with service scholarship obligations
  396  shall be considered a failure to perform a statutory or legal
  397  obligation, and the minimum disciplinary action imposed shall be
  398  a suspension of the license until new payment terms are agreed
  399  upon or the scholarship obligation is resumed, followed by
  400  probation for the duration of the student loan or remaining
  401  scholarship obligation period, and a fine equal to 10 percent of
  402  the defaulted loan amount. Fines collected shall be deposited
  403  into the Medical Quality Assurance Trust Fund.
  404         Section 16. Section 456.0721, Florida Statutes, is
  405  repealed.
  406         Section 17. Subsection (4) of section 456.074, Florida
  407  Statutes, is amended to read:
  408         456.074 Certain health care practitioners; immediate
  409  suspension of license.—
  410         (4)Upon receipt of information that a Florida-licensed
  411  health care practitioner has defaulted on a student loan issued
  412  or guaranteed by the state or the Federal Government, the
  413  department shall notify the licensee by certified mail that he
  414  or she shall be subject to immediate suspension of license
  415  unless, within 45 days after the date of mailing, the licensee
  416  provides proof that new payment terms have been agreed upon by
  417  all parties to the loan. The department shall issue an emergency
  418  order suspending the license of any licensee who, after 45 days
  419  following the date of mailing from the department, has failed to
  420  provide such proof. Production of such proof shall not prohibit
  421  the department from proceeding with disciplinary action against
  422  the licensee pursuant to s. 456.073.
  423         Section 18. Paragraph (b) of subsection (7) of section
  424  468.385, Florida Statutes, is amended to read:
  425         468.385 Licenses required; qualifications; examination.—
  426         (7)
  427         (b) A No business may not shall auction or offer to auction
  428  any property in this state unless it is owned by an auctioneer
  429  who is licensed as an auction business by the department board
  430  or is exempt from licensure under this act. Each application for
  431  licensure must shall include the names of the owner and the
  432  business, the business mailing address and location, and any
  433  other information which the board may require. The owner of an
  434  auction business shall report to the board within 30 days of any
  435  change in this required information.
  436         Section 19. Section 468.401, Florida Statutes, is amended
  437  to read:
  438         468.401 Regulation of Talent agencies; definitions.—As used
  439  in this part, the term or any rule adopted pursuant hereto:
  440         (8)(1) “Talent agency” means any person who, for
  441  compensation, engages in the occupation or business of procuring
  442  or attempting to procure engagements for an artist.
  443         (6)(2) “Owner” means any partner in a partnership, member
  444  of a firm, or principal officer or officers of a corporation,
  445  whose partnership, firm, or corporation owns a talent agency, or
  446  any individual who is the sole owner of a talent agency.
  447         (3) “Compensation” means any one or more of the following:
  448         (a) Any money or other valuable consideration paid or
  449  promised to be paid for services rendered by any person
  450  conducting the business of a talent agency under this part;
  451         (b) Any money received by any person in excess of that
  452  which has been paid out by such person for transportation,
  453  transfer of baggage, or board and lodging for any applicant for
  454  employment; or
  455         (c) The difference between the amount of money received by
  456  any person who furnishes employees, performers, or entertainers
  457  for circus, vaudeville, theatrical, or other entertainments,
  458  exhibitions, engagements, or performances and the amount paid by
  459  him or her to such employee, performer, or entertainer.
  460         (4) “Engagement” means any employment or placement of an
  461  artist, where the artist performs in his or her artistic
  462  capacity. However, the term “engagement” shall not apply to
  463  procuring opera, music, theater, or dance engagements for any
  464  organization defined in s. 501(c)(3) of the Internal Revenue
  465  Code or any nonprofit Florida arts organization that has
  466  received a grant from the Division of Cultural Affairs of the
  467  Department of State or has participated in the state touring
  468  program of the Division of Cultural Affairs.
  469         (5)“Department” means the Department of Business and
  470  Professional Regulation.
  471         (5)(6) “Operator” means the person who is or who will be in
  472  actual charge of a talent agency.
  473         (2)(7) “Buyer” or “employer” means a person, company,
  474  partnership, or corporation that uses the services of a talent
  475  agency to provide artists.
  476         (1)(8) “Artist” means a person performing on the
  477  professional stage or in the production of television, radio, or
  478  motion pictures; a musician or group of musicians; or a model.
  479         (7)(9) “Person” means any individual, company, society,
  480  firm, partnership, association, corporation, manager, or any
  481  agent or employee of any of the foregoing.
  482         (10)“License” means a license issued by the Department of
  483  Business and Professional Regulation to carry on the business of
  484  a talent agency under this part.
  485         (11)“Licensee” means a talent agency which holds a valid
  486  unrevoked and unforfeited license issued under this part.
  487         Section 20. Section 468.402, Florida Statutes, is repealed.
  488         Section 21. Section 468.403, Florida Statutes, is repealed.
  489         Section 22. Section 468.404, Florida Statutes, is repealed.
  490         Section 23. Section 468.405, Florida Statutes, is repealed.
  491         Section 24. Subsection (1) of section 468.406, Florida
  492  Statutes, is amended to read:
  493         468.406 Fees to be charged by talent agencies; rates;
  494  display.—
  495         (1) Each owner or operator of a talent agency shall post in
  496  a conspicuous place in each place of business of the agency
  497  applicant for a license shall file with the application an
  498  itemized schedule of maximum fees, charges, and commissions that
  499  which it intends to charge and collect for its services. The
  500  This schedule may thereafter be raised only by filing with the
  501  department an amended or supplemental schedule at least 30 days
  502  before the change is to become effective. The schedule shall be
  503  posted in a conspicuous place in each place of business of the
  504  agency and shall be printed in not less than a 30-point
  505  boldfaced type, except that an agency that uses written
  506  contracts containing maximum fee schedules need not post such
  507  schedules.
  508         Section 25. Section 468.407, Florida Statutes, is repealed.
  509         Section 26. Subsection (1) of section 468.408, Florida
  510  Statutes, is amended to read:
  511         468.408 Bond required.—
  512         (1) An owner or operator of a There shall be filed with the
  513  department for each talent agency shall obtain license a bond in
  514  the form of a surety by a reputable company engaged in the
  515  bonding business and authorized to do business in this state.
  516  The bond shall be for the penal sum of $5,000, with one or more
  517  sureties to be approved by the department, and be conditioned
  518  that the owner or operator of the talent agency applicant
  519  conform to and not violate any of the duties, terms, conditions,
  520  provisions, or requirements of this part. Such bond may not be
  521  issued or renewed by the bonding agency unless each owner or
  522  operator of a talent agency submits fingerprints to the
  523  Department of Law Enforcement for a state criminal history
  524  record check and to the Federal Bureau of Investigation for a
  525  national criminal history record check, and the bonding agency
  526  verifies by examination of the criminal history records checks
  527  that each owner or operator has not been convicted of a crime
  528  that would require registration as a sexual offender, as
  529  required in s. 943.0435 or s. 944.607, or as a sexual predator,
  530  as required under s. 775.21.
  531         (a) If any person is aggrieved by the misconduct of any
  532  talent agency, the person may maintain an action in his or her
  533  own name upon the bond of the agency in any court having
  534  jurisdiction of the amount claimed. All such claims shall be
  535  assignable, and the assignee shall be entitled to the same
  536  remedies, upon the bond of the agency or otherwise, as the
  537  person aggrieved would have been entitled to if such claim had
  538  not been assigned. Any claim or claims so assigned may be
  539  enforced in the name of such assignee.
  540         (b) The bonding company shall notify the talent agency
  541  department of any claim against such bond, and a copy of such
  542  notice shall be sent to the talent agency against which the
  543  claim is made.
  544         Section 27. Section 468.409, Florida Statutes, is amended
  545  to read:
  546         468.409 Records required to be kept.—Each talent agency
  547  shall keep on file the application, registration, or contract of
  548  each artist. In addition, such file must include the name and
  549  address of each artist, the amount of the compensation received,
  550  and all attempts to procure engagements for the artist. No such
  551  agency or employee thereof shall knowingly make any false entry
  552  in applicant files or receipt files. Each card or document in
  553  such files shall be preserved for a period of 1 year after the
  554  date of the last entry thereon. Records required under this
  555  section shall be readily available for inspection by the
  556  department during reasonable business hours at the talent
  557  agency’s principal office. A talent agency must provide the
  558  department with true copies of the records in the manner
  559  prescribed by the department.
  560         Section 28. Subsection (3) of section 468.410, Florida
  561  Statutes, is amended to read:
  562         468.410 Prohibition against registration fees; referral.—
  563         (3) A talent agency shall give each applicant a copy of a
  564  contract, within 24 hours after the contract’s execution, which
  565  lists the services to be provided and the fees to be charged.
  566  The contract shall state that the talent agency is regulated by
  567  the department and shall list the address and telephone number
  568  of the department.
  569         Section 29. Present subsections (4) through (11) of section
  570  468.412, Florida Statutes, are redesignated as subsections (3)
  571  through (10), respectively, and present subsections (2), (3),
  572  (4), (6), and (11) of that section are amended, to read:
  573         468.412 Talent agency regulations; prohibited acts.—
  574         (2) Each talent agency shall keep records in which shall be
  575  entered:
  576         (a) The name and address of each artist employing such
  577  talent agency.;
  578         (b) The amount of fees received from each such artist.;
  579         (c) The employment in which each such artist is engaged at
  580  the time of employing such talent agency and the amount of
  581  compensation of the artist in such employment, if any, and the
  582  employments subsequently secured by such artist during the term
  583  of the contract between the artist and the talent agency and the
  584  amount of compensation received by the artist pursuant thereto.;
  585  and
  586         (d)Other information which the department may require from
  587  time to time.
  588         (3)All books, records, and other papers kept pursuant to
  589  this act by any talent agency shall be open at all reasonable
  590  hours to the inspection of the department and its agents. Each
  591  talent agency shall furnish to the department, upon request, a
  592  true copy of such books, records, and papers, or any portion
  593  thereof, and shall make such reports as the department may
  594  prescribe from time to time.
  595         (3)(4) Each talent agency shall post in a conspicuous place
  596  in the office of such talent agency a printed copy of this part
  597  and of the rules adopted under this part. Such copies shall also
  598  contain the name and address of the officer charged with
  599  enforcing this part. The department shall furnish to talent
  600  agencies printed copies of any statute or rule required to be
  601  posted under this subsection.
  602         (5)(6)A No talent agency may not publish or cause to be
  603  published any false, fraudulent, or misleading information,
  604  representation, notice, or advertisement. All advertisements of
  605  a talent agency by means of card, circulars, or signs, and in
  606  newspapers and other publications, and all letterheads,
  607  receipts, and blanks shall be printed and contain the licensed
  608  name, department license number, and address of the talent
  609  agency and the words “talent agency.” A No talent agency may not
  610  give any false information or make any false promises or
  611  representations concerning an engagement or employment to any
  612  applicant who applies for an engagement or employment.
  613         (10)(11) A talent agency may assign an engagement contract
  614  to another talent agency licensed in this state only if the
  615  artist agrees in writing to the assignment. The assignment must
  616  occur, and written notice of the assignment must be given to the
  617  artist, within 30 days after the artist agrees in writing to the
  618  assignment.
  619         Section 30. Section 468.413, Florida Statutes, is amended
  620  to read:
  621         468.413 Legal requirements; penalties.—
  622         (1)Each of the following acts constitutes a felony of the
  623  third degree, punishable as provided in s. 775.082, s. 775.083,
  624  or s. 775.084:
  625         (a)Owning or operating, or soliciting business as, a
  626  talent agency in this state without first procuring a license
  627  from the department.
  628         (b)Obtaining or attempting to obtain a license by means of
  629  fraud, misrepresentation, or concealment.
  630         (1)(2) Each of the following acts constitutes a misdemeanor
  631  of the second degree, punishable as provided in s. 775.082 or s.
  632  775.083:
  633         (a)Relocating a business as a talent agency, or operating
  634  under any name other than that designated on the license, unless
  635  written notification is given to the department and to the
  636  surety or sureties on the original bond, and unless the license
  637  is returned to the department for the recording thereon of such
  638  changes.
  639         (b)Assigning or attempting to assign a license issued
  640  under this part.
  641         (c)Failing to show on a license application whether or not
  642  the agency or any owner of the agency is financially interested
  643  in any other business of like nature and, if so, failing to
  644  specify such interest or interests.
  645         (a)(d) Failing to maintain the records required by s.
  646  468.409 or knowingly making false entries in such records.
  647         (b)(e) Requiring as a condition to registering or obtaining
  648  employment or placement for any applicant that the applicant
  649  subscribe to, purchase, or attend any publication, postcard
  650  service, advertisement, resume service, photography service,
  651  school, acting school, workshop, or acting workshop.
  652         (c)(f) Failing to give each applicant a copy of a contract
  653  which lists the services to be provided and the fees to be
  654  charged by, which states that the talent agency is regulated by
  655  the department, and which lists the address and telephone number
  656  of the department.
  657         (d)(g) Failing to maintain a record sheet as required by s.
  658  468.412(1).
  659         (e)(h) Knowingly sending or causing to be sent any artist
  660  to a prospective employer or place of business, the character or
  661  operation of which employer or place of business the talent
  662  agency knows to be in violation of the laws of the United States
  663  or of this state.
  664         (3)The court may, in addition to other punishment provided
  665  for in subsection (2), suspend or revoke the license of any
  666  licensee under this part who has been found guilty of any
  667  misdemeanor listed in subsection (2).
  668         (2)(4) In the event that the department or any state
  669  attorney shall have probable cause to believe that a talent
  670  agency or other person has violated any provision of subsection
  671  (1), an action may be brought by the department or any state
  672  attorney to enjoin such talent agency or any person from
  673  continuing such violation, or engaging therein or doing any acts
  674  in furtherance thereof, and for such other relief as to the
  675  court seems appropriate. In addition to this remedy, the
  676  department may assess a penalty against any talent agency or any
  677  person in an amount not to exceed $5,000.
  678         Section 31. Section 468.414, Florida Statutes, is repealed.
  679         Section 32. Section 468.415, Florida Statutes, is amended
  680  to read:
  681         468.415 Sexual misconduct in the operation of a talent
  682  agency.—The talent agent-artist relationship is founded on
  683  mutual trust. Sexual misconduct in the operation of a talent
  684  agency means violation of the talent agent-artist relationship
  685  through which the talent agent uses the relationship to induce
  686  or attempt to induce the artist to engage or attempt to engage
  687  in sexual activity. Sexual misconduct is prohibited in the
  688  operation of a talent agency. If Any agent, owner, or operator
  689  of a licensed talent agency who commits is found to have
  690  committed sexual misconduct in the operation of a talent agency,
  691  the agency license shall be permanently revoked. Such agent,
  692  owner, or operator shall be permanently prohibited from acting
  693  disqualified from present and future licensure as an agent,
  694  owner, or operator of a Florida talent agency.
  695         Section 33. Paragraph (n) is added to subsection (1) of
  696  section 468.505, Florida Statutes, to read:
  697         468.505 Exemptions; exceptions.—
  698         (1) Nothing in this part may be construed as prohibiting or
  699  restricting the practice, services, or activities of:
  700         (n)A person who provides information, recommendations, or
  701  advice concerning nutrition, or who markets food, food
  702  materials, or dietary supplements for remuneration, if that
  703  person does not represent himself or herself as a dietitian,
  704  licensed dietitian, registered dietitian, licensed nutritionist,
  705  nutrition counselor, or licensed nutrition counselor, or use any
  706  word, letter, symbol, or insignia indicating or implying that he
  707  or she is a dietitian, nutritionist, or nutrition counselor.
  708         Section 34. Subsection (4) of section 468.524, Florida
  709  Statutes, is amended to read:
  710         468.524 Application for license.—
  711         (4) A An applicant or licensee is ineligible to reapply for
  712  a license for a period of 1 year following final agency action
  713  on the denial or revocation of a license applied for or issued
  714  under this part. This time restriction does not apply to
  715  administrative denials or revocations entered because:
  716         (a) The applicant or licensee has made an inadvertent error
  717  or omission on the application;
  718         (b) The experience documented to the board was insufficient
  719  at the time of the previous application; or
  720         (c)The department is unable to complete the criminal
  721  background investigation because of insufficient information
  722  from the Florida Department of Law Enforcement, the Federal
  723  Bureau of Investigation, or any other applicable law enforcement
  724  agency;
  725         (c)(d) The applicant or licensee has failed to submit
  726  required fees.; or
  727         (e)An applicant or licensed employee leasing company has
  728  been deemed ineligible for a license because of the lack of good
  729  moral character of an individual or individuals when such
  730  individual or individuals are no longer employed in a capacity
  731  that would require their licensing under this part.
  732         Section 35. Paragraph (f) of subsection (5) of section
  733  468.603, Florida Statutes, is amended to read:
  734         468.603 Definitions.—As used in this part:
  735         (5) “Categories of building code inspectors” include the
  736  following:
  737         (f) “Residential One and two family dwelling inspector”
  738  means a person who is qualified to inspect and determine that
  739  one-family, two-family, or three-family residences not exceeding
  740  two habitable stories above no more than one uninhabitable story
  741  and accessory use structures in connection therewith one and two
  742  family dwellings and accessory structures are constructed in
  743  accordance with the provisions of the governing building,
  744  plumbing, mechanical, accessibility, and electrical codes.
  745         Section 36. Paragraph (c) of subsection (2) and paragraph
  746  (a) of subsection (7) of section 468.609, Florida Statutes, are
  747  amended to read:
  748         468.609 Administration of this part; standards for
  749  certification; additional categories of certification.—
  750         (2) A person may take the examination for certification as
  751  a building code inspector or plans examiner pursuant to this
  752  part if the person:
  753         (c) Meets eligibility requirements according to one of the
  754  following criteria:
  755         1. Demonstrates 4 5 years’ combined experience in the field
  756  of construction or a related field, building code inspection, or
  757  plans review corresponding to the certification category sought;
  758         2. Demonstrates a combination of postsecondary education in
  759  the field of construction or a related field and experience
  760  which totals 3 4 years, with at least 1 year of such total being
  761  experience in construction, building code inspection, or plans
  762  review;
  763         3. Demonstrates a combination of technical education in the
  764  field of construction or a related field and experience which
  765  totals 3 4 years, with at least 1 year of such total being
  766  experience in construction, building code inspection, or plans
  767  review;
  768         4. Currently holds a standard certificate issued by the
  769  board or a firesafety inspector license issued pursuant to
  770  chapter 633, has a minimum of 3 years’ verifiable full-time
  771  experience in inspection or plan review, and has satisfactorily
  772  completed a building code inspector or plans examiner training
  773  program that provides at least 100 hours but not more than 200
  774  hours of cross-training in the certification category sought.
  775  The board shall establish by rule criteria for the development
  776  and implementation of the training programs. The board shall
  777  accept all classroom training offered by an approved provider if
  778  the content substantially meets the intent of the classroom
  779  component of the training program;
  780         5. Demonstrates a combination of the completion of an
  781  approved training program in the field of building code
  782  inspection or plan review and a minimum of 2 years’ experience
  783  in the field of building code inspection, plan review, fire code
  784  inspections and fire plans review of new buildings as a
  785  firesafety inspector certified under s. 633.216, or
  786  construction. The approved training portion of this requirement
  787  shall include proof of satisfactory completion of a training
  788  program that provides at least 200 hours but not more than 300
  789  hours of cross-training that is approved by the board in the
  790  chosen category of building code inspection or plan review in
  791  the certification category sought with at least 20 hours but not
  792  more than 30 hours of instruction in state laws, rules, and
  793  ethics relating to professional standards of practice, duties,
  794  and responsibilities of a certificateholder. The board shall
  795  coordinate with the Building Officials Association of Florida,
  796  Inc., to establish by rule the development and implementation of
  797  the training program. However, the board shall accept all
  798  classroom training offered by an approved provider if the
  799  content substantially meets the intent of the classroom
  800  component of the training program;
  801         6. Currently holds a standard certificate issued by the
  802  board or a firesafety inspector license issued pursuant to
  803  chapter 633 and:
  804         a. Has at least 4 5 years’ verifiable full-time experience
  805  as an inspector or plans examiner in a standard certification
  806  category currently held or has a minimum of 4 5 years’
  807  verifiable full-time experience as a firesafety inspector
  808  licensed pursuant to chapter 633.
  809         b. Has satisfactorily completed a building code inspector
  810  or plans examiner classroom training course or program that
  811  provides at least 200 but not more than 300 hours in the
  812  certification category sought, except for one-family and two
  813  family dwelling training programs, which must provide at least
  814  500 but not more than 800 hours of training as prescribed by the
  815  board. The board shall establish by rule criteria for the
  816  development and implementation of classroom training courses and
  817  programs in each certification category; or
  818         7.a. Has completed a 4-year internship certification
  819  program as a building code inspector or plans examiner while
  820  employed full-time by a municipality, county, or other
  821  governmental jurisdiction, under the direct supervision of a
  822  certified building official. Proof of graduation with a related
  823  vocational degree or college degree or of verifiable work
  824  experience may be exchanged for the internship experience
  825  requirement year-for-year, but may reduce the requirement to no
  826  less than 1 year.
  827         b. Has passed an examination administered by the
  828  International Code Council in the certification category sought.
  829  Such examination must be passed before beginning the internship
  830  certification program.
  831         c. Has passed the principles and practice examination
  832  before completing the internship certification program.
  833         d. Has passed a board-approved 40-hour code training course
  834  in the certification category sought before completing the
  835  internship certification program.
  836         e. Has obtained a favorable recommendation from the
  837  supervising building official after completion of the internship
  838  certification program.
  839         (7)(a) The board shall provide for the issuance of
  840  provisional certificates valid for 2 years 1 year, as specified
  841  by board rule, to any building code inspector or plans examiner
  842  who meets the eligibility requirements described in subsection
  843  (2) and any newly employed or promoted building code
  844  administrator who meets the eligibility requirements described
  845  in subsection (3). The provisional license may be renewed by the
  846  board for just cause; however, a provisional license is not
  847  valid for longer than 3 years.
  848         Section 37. Section 468.613, Florida Statutes, is amended
  849  to read:
  850         468.613 Certification by endorsement.—The board shall
  851  examine other certification or training programs, as applicable,
  852  upon submission to the board for its consideration of an
  853  application for certification by endorsement. The board shall
  854  waive its examination, qualification, education, or training
  855  requirements, to the extent that such examination,
  856  qualification, education, or training requirements of the
  857  applicant are determined by the board to be comparable with
  858  those established by the board. The board shall waive its
  859  examination, qualification, education, or training requirements
  860  if an applicant for certification by endorsement is at least 18
  861  years of age; is of good moral character; has held a valid
  862  building administrator, inspector, plans examiner, or the
  863  equivalent, certification issued by another state or territory
  864  of the United States for at least 10 years before the date of
  865  application; and has successfully passed an applicable
  866  examination administered by the International Code Council. Such
  867  application must be made either when the license in another
  868  state or territory is active or within 2 years after such
  869  license was last active.
  870         Section 38. Subsection (3) of section 468.8314, Florida
  871  Statutes, is amended to read:
  872         468.8314 Licensure.—
  873         (3) The department shall certify as qualified for a license
  874  by endorsement an applicant who is of good moral character as
  875  determined in s. 468.8313, who maintains an insurance policy as
  876  required by s. 468.8322, and who:;
  877         (a) Holds a valid license to practice home inspection
  878  services in another state or territory of the United States,
  879  whose educational requirements are substantially equivalent to
  880  those required by this part; and has passed a national,
  881  regional, state, or territorial licensing examination that is
  882  substantially equivalent to the examination required by this
  883  part; or
  884         (b) Has held a valid license to practice home inspection
  885  services issued by another state or territory of the United
  886  States for at least 10 years before the date of application.
  887  Such application must be made either when the license in another
  888  state or territory is active or within 2 years after such
  889  license was last active.
  890         Section 39. Subsection (5) of section 471.015, Florida
  891  Statutes, is amended to read:
  892         471.015 Licensure.—
  893         (5)(a) The board shall deem that an applicant who seeks
  894  licensure by endorsement has passed an examination substantially
  895  equivalent to the fundamentals examination when such applicant
  896  has held a valid professional engineer’s license in another
  897  state for 10 15 years and has had 20 years of continuous
  898  professional-level engineering experience.
  899         (b) The board shall deem that an applicant who seeks
  900  licensure by endorsement has passed an examination substantially
  901  equivalent to the fundamentals examination and the principles
  902  and practices examination when such applicant has held a valid
  903  professional engineer’s license in another state for 15 25 years
  904  and has had 30 years of continuous professional-level
  905  engineering experience.
  906         Section 40. Subsection (7) of section 473.308, Florida
  907  Statutes, is amended to read:
  908         473.308 Licensure.—
  909         (7) The board shall certify as qualified for a license by
  910  endorsement an applicant who:
  911         (a)1. Is not licensed and has not been licensed in another
  912  state or territory and who has met the requirements of this
  913  section for education, work experience, and good moral character
  914  and has passed a national, regional, state, or territorial
  915  licensing examination that is substantially equivalent to the
  916  examination required by s. 473.306; or and
  917         2.Has completed such continuing education courses as the
  918  board deems appropriate, within the limits for each applicable
  919  2-year period as set forth in s. 473.312, but at least such
  920  courses as are equivalent to the continuing education
  921  requirements for a Florida certified public accountant licensed
  922  in this state during the 2 years immediately preceding her or
  923  his application for licensure by endorsement; or
  924         (b)1.a. Holds a valid license to practice public accounting
  925  issued by another state or territory of the United States, if
  926  the criteria for issuance of such license were substantially
  927  equivalent to the licensure criteria that existed in this state
  928  at the time the license was issued;
  929         2.b. Holds a valid license to practice public accounting
  930  issued by another state or territory of the United States but
  931  the criteria for issuance of such license did not meet the
  932  requirements of subparagraph 1. sub-subparagraph a.; has met the
  933  requirements of this section for education, work experience, and
  934  good moral character; and has passed a national, regional,
  935  state, or territorial licensing examination that is
  936  substantially equivalent to the examination required by s.
  937  473.306; or
  938         3.c. Holds a valid license to practice public accounting
  939  issued by another state or territory of the United States for at
  940  least 10 years before the date of application; has passed a
  941  national, regional, state, or territorial licensing examination
  942  that is substantially equivalent to the examination required by
  943  s. 473.306; and has met the requirements of this section for
  944  good moral character; and
  945         2.Has completed continuing education courses that are
  946  equivalent to the continuing education requirements for a
  947  Florida certified public accountant licensed in this state
  948  during the 2 years immediately preceding her or his application
  949  for licensure by endorsement.
  950         Section 41. Subsection (6) of section 474.202, Florida
  951  Statutes, is amended to read:
  952         474.202 Definitions.—As used in this chapter:
  953         (6) “Limited-service veterinary medical practice” means
  954  offering or providing veterinary services at any location that
  955  has a primary purpose other than that of providing veterinary
  956  medical service at a permanent or mobile establishment permitted
  957  by the board; provides veterinary medical services for privately
  958  owned animals that do not reside at that location; operates for
  959  a limited time; and provides limited types of veterinary medical
  960  services, including vaccinations or immunizations against
  961  disease, preventative procedures for parasitic control, and
  962  microchipping.
  963         Section 42. Paragraph (b) of subsection (2) of section
  964  474.207, Florida Statutes, is amended to read:
  965         474.207 Licensure by examination.—
  966         (2) The department shall license each applicant who the
  967  board certifies has:
  968         (b)1. Graduated from a college of veterinary medicine
  969  accredited by the American Veterinary Medical Association
  970  Council on Education; or
  971         2. Graduated from a college of veterinary medicine listed
  972  in the American Veterinary Medical Association Roster of
  973  Veterinary Colleges of the World and obtained a certificate from
  974  the Education Commission for Foreign Veterinary Graduates or the
  975  Program for the Assessment of Veterinary Education Equivalence.
  976  
  977  The department shall not issue a license to any applicant who is
  978  under investigation in any state or territory of the United
  979  States or in the District of Columbia for an act which would
  980  constitute a violation of this chapter until the investigation
  981  is complete and disciplinary proceedings have been terminated,
  982  at which time the provisions of s. 474.214 shall apply.
  983         Section 43. Subsection (1) of section 474.217, Florida
  984  Statutes, is amended to read:
  985         474.217 Licensure by endorsement.—
  986         (1) The department shall issue a license by endorsement to
  987  any applicant who, upon applying to the department and remitting
  988  a fee set by the board, demonstrates to the board that she or
  989  he:
  990         (a) Has demonstrated, in a manner designated by rule of the
  991  board, knowledge of the laws and rules governing the practice of
  992  veterinary medicine in this state; and
  993         (b)1. Either Holds, and has held for the 3 years
  994  immediately preceding the application for licensure, a valid,
  995  active license to practice veterinary medicine in another state
  996  of the United States, the District of Columbia, or a territory
  997  of the United States, provided that the applicant has
  998  successfully completed a state, regional, national, or other
  999  examination that is equivalent to or more stringent than the
 1000  examination required by the board requirements for licensure in
 1001  the issuing state, district, or territory are equivalent to or
 1002  more stringent than the requirements of this chapter; or
 1003         2. Meets the qualifications of s. 474.207(2)(b) and has
 1004  successfully completed a state, regional, national, or other
 1005  examination which is equivalent to or more stringent than the
 1006  examination given by the department and has passed the board’s
 1007  clinical competency examination or another clinical competency
 1008  examination specified by rule of the board.
 1009         Section 44. Effective January 1, 2021, subsection (2) of
 1010  section 476.114, Florida Statutes, is amended to read:
 1011         476.114 Examination; prerequisites.—
 1012         (2) An applicant shall be eligible for licensure by
 1013  examination to practice barbering if the applicant:
 1014         (a) Is at least 16 years of age;
 1015         (b) Pays the required application fee; and
 1016         (c)1. Holds an active valid license to practice barbering
 1017  in another state, has held the license for at least 1 year, and
 1018  does not qualify for licensure by endorsement as provided for in
 1019  s. 476.144(5); or
 1020         2. Has received a minimum of 900 1,200 hours of training in
 1021  sanitation, safety, and laws and rules, as established by the
 1022  board, which shall include, but shall not be limited to, the
 1023  equivalent of completion of services directly related to the
 1024  practice of barbering at one of the following:
 1025         a. A school of barbering licensed pursuant to chapter 1005;
 1026         b. A barbering program within the public school system; or
 1027         c. A government-operated barbering program in this state.
 1028  
 1029  The board shall establish by rule procedures whereby the school
 1030  or program may certify that a person is qualified to take the
 1031  required examination after the completion of a minimum of 600
 1032  1,000 actual school hours. If the person passes the examination,
 1033  she or he shall have satisfied this requirement; but if the
 1034  person fails the examination, she or he shall not be qualified
 1035  to take the examination again until the completion of the full
 1036  requirements provided by this section.
 1037         Section 45. Subsection (5) of section 476.144, Florida
 1038  Statutes, is amended to read:
 1039         476.144 Licensure.—
 1040         (5) The board shall certify as qualified for licensure by
 1041  endorsement as a barber in this state an applicant who holds a
 1042  current active license to practice barbering in another state.
 1043  The board shall adopt rules specifying procedures for the
 1044  licensure by endorsement of practitioners desiring to be
 1045  licensed in this state who hold a current active license in
 1046  another state or country and who have met qualifications
 1047  substantially similar to, equivalent to, or greater than the
 1048  qualifications required of applicants from this state.
 1049         Section 46. Subsection (9) of section 477.013, Florida
 1050  Statutes, is amended to read:
 1051         477.013 Definitions.—As used in this chapter:
 1052         (9) “Hair braiding” means the weaving or interweaving of
 1053  natural human hair or commercial hair, including the use of hair
 1054  extensions or wefts, for compensation without cutting, coloring,
 1055  permanent waving, relaxing, removing, or chemical treatment and
 1056  does not include the use of hair extensions or wefts.
 1057         Section 47. Section 477.0132, Florida Statutes, is
 1058  repealed.
 1059         Section 48. Subsections (7) through (11) are added to
 1060  section 477.0135, Florida Statutes, to read:
 1061         477.0135 Exemptions.—
 1062         (7)A license or registration is not required for a person
 1063  whose occupation or practice is confined solely to hair braiding
 1064  as defined in s. 477.013(9).
 1065         (8)A license or registration is not required for a person
 1066  whose occupation or practice is confined solely to hair wrapping
 1067  as defined in s. 477.013(10).
 1068         (9)A license or registration is not required for a person
 1069  whose occupation or practice is confined solely to body wrapping
 1070  as defined in s. 477.013(12).
 1071         (10)A license or registration is not required for a person
 1072  whose occupation or practice is confined solely to applying
 1073  polish to fingernails and toenails.
 1074         (11)A license or registration is not required for a person
 1075  whose occupation or practice is confined solely to the
 1076  application or removal of any external preparation which is
 1077  intended to cleanse, tone, color, or beautify the face or neck,
 1078  including, but not limited to, skin cleansers, astringents, skin
 1079  fresheners, lipstick, eyeliner, eye shadow, foundation, rouge or
 1080  cheek color, mascara, face powder or corrective stick, and other
 1081  cosmetic products as defined by the board by rule.
 1082         Section 49. Subsections (6) and (7) of section 477.019,
 1083  Florida Statutes, are amended to read:
 1084         477.019 Cosmetologists; qualifications; licensure;
 1085  supervised practice; license renewal; endorsement; continuing
 1086  education.—
 1087         (6) The board shall certify as qualified for licensure by
 1088  endorsement as a cosmetologist in this state an applicant who
 1089  holds a current active license to practice cosmetology in
 1090  another state. The board may not require proof of educational
 1091  hours if the license was issued in a state that requires 1,200
 1092  or more hours of prelicensure education and passage of a written
 1093  examination. This subsection does not apply to applicants who
 1094  received their license in another state through an
 1095  apprenticeship program.
 1096         (7)(a) The board shall prescribe by rule continuing
 1097  education requirements intended to ensure protection of the
 1098  public through updated training of licensees and registered
 1099  specialists, not to exceed 10 16 hours biennially, as a
 1100  condition for renewal of a license or registration as a
 1101  specialist under this chapter. Continuing education courses
 1102  shall include, but not be limited to, the following subjects as
 1103  they relate to the practice of cosmetology: human
 1104  immunodeficiency virus and acquired immune deficiency syndrome;
 1105  Occupational Safety and Health Administration regulations;
 1106  workers’ compensation issues; state and federal laws and rules
 1107  as they pertain to cosmetologists, cosmetology, salons,
 1108  specialists, specialty salons, and booth renters; chemical
 1109  makeup as it pertains to hair, skin, and nails; and
 1110  environmental issues. Courses given at cosmetology conferences
 1111  may be counted toward the number of continuing education hours
 1112  required if approved by the board.
 1113         (b) Any person whose occupation or practice is confined
 1114  solely to hair braiding, hair wrapping, or body wrapping is
 1115  exempt from the continuing education requirements of this
 1116  subsection.
 1117         (c) The board may, by rule, require any licensee in
 1118  violation of a continuing education requirement to take a
 1119  refresher course or refresher course and examination in addition
 1120  to any other penalty. The number of hours for the refresher
 1121  course may not exceed 48 hours.
 1122         Section 50. Effective January 1, 2021, subsection (1) of
 1123  section 477.0201, Florida Statutes, is amended to read:
 1124         477.0201 Specialty registration; qualifications;
 1125  registration renewal; endorsement.—
 1126         (1) Any person is qualified for registration as a
 1127  specialist in any one or more of the specialty practice
 1128  practices within the practice of cosmetology under this chapter
 1129  who:
 1130         (a) Is at least 16 years of age or has received a high
 1131  school diploma.
 1132         (b) Has received a certificate of completion for: in a
 1133         1.One hundred and eighty hours of training, as established
 1134  by the board, which shall focus primarily on sanitation and
 1135  safety, to practice specialties as defined in s. 477.013(6)(a)
 1136  and (b); specialty pursuant to s. 477.013(6)
 1137         2.Two hundred and twenty hours of training, as established
 1138  by the board, which shall focus primarily on sanitation and
 1139  safety, to practice the specialty as defined in s.
 1140  477.013(6)(c); or
 1141         3.Four hundred hours of training or the number of hours of
 1142  training required to maintain minimum Pell Grant requirements,
 1143  as established by the board, which shall focus primarily on
 1144  sanitation and safety, to practice the specialties as defined in
 1145  s. 477.013(6)(a)-(c).
 1146         (c)The certificate of completion specified in paragraph
 1147  (b) must be from one of the following:
 1148         1. A school licensed pursuant to s. 477.023.
 1149         2. A school licensed pursuant to chapter 1005 or the
 1150  equivalent licensing authority of another state.
 1151         3. A specialty program within the public school system.
 1152         4. A specialty division within the Cosmetology Division of
 1153  the Florida School for the Deaf and the Blind, provided the
 1154  training programs comply with minimum curriculum requirements
 1155  established by the board.
 1156         Section 51. Paragraph (f) of subsection (1) of section
 1157  477.026, Florida Statutes, is amended to read:
 1158         477.026 Fees; disposition.—
 1159         (1) The board shall set fees according to the following
 1160  schedule:
 1161         (f)For hair braiders, hair wrappers, and body wrappers,
 1162  fees for registration shall not exceed $25.
 1163         Section 52. Subsection (4) of section 477.0263, Florida
 1164  Statutes, is amended, and subsection (5) is added to that
 1165  section, to read:
 1166         477.0263 Cosmetology services to be performed in licensed
 1167  salon; exceptions.—
 1168         (4) Pursuant to rules adopted by the board, any cosmetology
 1169  or specialty service may be performed in a location other than a
 1170  licensed salon when the service is performed in connection with
 1171  a special event and is performed by a person who is employed by
 1172  a licensed salon and who holds the proper license or specialty
 1173  registration. An appointment for the performance of any such
 1174  service in a location other than a licensed salon must be made
 1175  through a licensed salon.
 1176         (5)Hair shampooing, hair cutting, hair arranging, makeup
 1177  application, nail polish removal, nail filing, nail buffing, and
 1178  nail cleansing may be performed in a location other than a
 1179  licensed salon when the service is performed by a person who
 1180  holds the proper license.
 1181         Section 53. Paragraph (f) of subsection (1) of section
 1182  477.0265, Florida Statutes, is amended to read:
 1183         477.0265 Prohibited acts.—
 1184         (1) It is unlawful for any person to:
 1185         (f) Advertise or imply that skin care services or body
 1186  wrapping, as performed under this chapter, have any relationship
 1187  to the practice of massage therapy as defined in s. 480.033(3),
 1188  except those practices or activities defined in s. 477.013.
 1189         Section 54. Paragraph (a) of subsection (1) of section
 1190  477.029, Florida Statutes, is amended to read:
 1191         477.029 Penalty.—
 1192         (1) It is unlawful for any person to:
 1193         (a) Hold himself or herself out as a cosmetologist or,
 1194  specialist, hair wrapper, hair braider, or body wrapper unless
 1195  duly licensed or registered, or otherwise authorized, as
 1196  provided in this chapter.
 1197         Section 55. Section 481.201, Florida Statutes, is amended
 1198  to read:
 1199         481.201 Purpose.—The primary legislative purpose for
 1200  enacting this part is to ensure that every architect practicing
 1201  in this state meets minimum requirements for safe practice. It
 1202  is the legislative intent that architects who fall below minimum
 1203  competency or who otherwise present a danger to the public shall
 1204  be prohibited from practicing in this state. The Legislature
 1205  further finds that it is in the interest of the public to limit
 1206  the practice of interior design to interior designers or
 1207  architects who have the design education and training required
 1208  by this part or to persons who are exempted from the provisions
 1209  of this part.
 1210         Section 56. Section 481.203, Florida Statutes, is reordered
 1211  and amended to read:
 1212         481.203 Definitions.—As used in this part, the term:
 1213         (3)(1) “Board” means the Board of Architecture and Interior
 1214  Design.
 1215         (7)(2) “Department” means the Department of Business and
 1216  Professional Regulation.
 1217         (1)(3) “Architect” or “registered architect” means a
 1218  natural person who is licensed under this part to engage in the
 1219  practice of architecture.
 1220         (5)(4) “Certificate of registration” means a license or
 1221  registration issued by the department to a natural person to
 1222  engage in the practice of architecture or interior design.
 1223         (4)(5)“Business organization” means a partnership, a
 1224  limited liability company, a corporation, or an individual
 1225  operating under a fictitious name “Certificate of authorization”
 1226  means a certificate issued by the department to a corporation or
 1227  partnership to practice architecture or interior design.
 1228         (2)(6) “Architecture” means the rendering or offering to
 1229  render services in connection with the design and construction
 1230  of a structure or group of structures which have as their
 1231  principal purpose human habitation or use, and the utilization
 1232  of space within and surrounding such structures. These services
 1233  include planning, providing preliminary study designs, drawings
 1234  and specifications, job-site inspection, and administration of
 1235  construction contracts.
 1236         (16)(7) “Townhouse” is a single-family dwelling unit not
 1237  exceeding three stories in height which is constructed in a
 1238  series or group of attached units with property lines separating
 1239  such units. Each townhouse shall be considered a separate
 1240  building and shall be separated from adjoining townhouses by the
 1241  use of separate exterior walls meeting the requirements for zero
 1242  clearance from property lines as required by the type of
 1243  construction and fire protection requirements; or shall be
 1244  separated by a party wall; or may be separated by a single wall
 1245  meeting the following requirements:
 1246         (a) Such wall shall provide not less than 2 hours of fire
 1247  resistance. Plumbing, piping, ducts, or electrical or other
 1248  building services shall not be installed within or through the
 1249  2-hour wall unless such materials and methods of penetration
 1250  have been tested in accordance with the Standard Building Code.
 1251         (b) Such wall shall extend from the foundation to the
 1252  underside of the roof sheathing, and the underside of the roof
 1253  shall have at least 1 hour of fire resistance for a width not
 1254  less than 4 feet on each side of the wall.
 1255         (c) Each dwelling unit sharing such wall shall be designed
 1256  and constructed to maintain its structural integrity independent
 1257  of the unit on the opposite side of the wall.
 1258         (10)(8) “Interior design” means designs, consultations,
 1259  studies, drawings, specifications, and administration of design
 1260  construction contracts relating to nonstructural interior
 1261  elements of a building or structure. “Interior design” includes,
 1262  but is not limited to, reflected ceiling plans, space planning,
 1263  furnishings, and the fabrication of nonstructural elements
 1264  within and surrounding interior spaces of buildings. “Interior
 1265  design” specifically excludes the design of or the
 1266  responsibility for architectural and engineering work, except
 1267  for specification of fixtures and their location within interior
 1268  spaces. As used in this subsection, “architectural and
 1269  engineering interior construction relating to the building
 1270  systems” includes, but is not limited to, construction of
 1271  structural, mechanical, plumbing, heating, air-conditioning,
 1272  ventilating, electrical, or vertical transportation systems, or
 1273  construction which materially affects lifesafety systems
 1274  pertaining to firesafety protection such as fire-rated
 1275  separations between interior spaces, fire-rated vertical shafts
 1276  in multistory structures, fire-rated protection of structural
 1277  elements, smoke evacuation and compartmentalization, emergency
 1278  ingress or egress systems, and emergency alarm systems.
 1279         (13)(9) “Registered interior designer” or “interior
 1280  designer” means a natural person who holds a valid certificate
 1281  of registration to practice interior design is licensed under
 1282  this part.
 1283         (11)(10) “Nonstructural element” means an element which
 1284  does not require structural bracing and which is something other
 1285  than a load-bearing wall, load-bearing column, or other load
 1286  bearing element of a building or structure which is essential to
 1287  the structural integrity of the building.
 1288         (12)(11) “Reflected ceiling plan” means a ceiling design
 1289  plan which is laid out as if it were projected downward and
 1290  which may include lighting and other elements.
 1291         (15)(12) “Space planning” means the analysis, programming,
 1292  or design of spatial requirements, including preliminary space
 1293  layouts and final planning.
 1294         (6)(13) “Common area” means an area that is held out for
 1295  use by all tenants or owners in a multiple-unit dwelling,
 1296  including, but not limited to, a lobby, elevator, hallway,
 1297  laundry room, clubhouse, or swimming pool.
 1298         (8)(14) “Diversified interior design experience” means
 1299  experience which substantially encompasses the various elements
 1300  of interior design services set forth under the definition of
 1301  “interior design” in subsection (10)(8).
 1302         (9)(15) “Interior decorator services” includes the
 1303  selection or assistance in selection of surface materials,
 1304  window treatments, wallcoverings, paint, floor coverings,
 1305  surface-mounted lighting, surface-mounted fixtures, and loose
 1306  furnishings not subject to regulation under applicable building
 1307  codes.
 1308         (14)(16) “Responsible supervising control” means the
 1309  exercise of direct personal supervision and control throughout
 1310  the preparation of documents, instruments of service, or any
 1311  other work requiring the seal and signature of a licensee under
 1312  this part.
 1313         Section 57. Paragraph (a) of subsection (3) of section
 1314  481.205, Florida Statutes, is amended to read:
 1315         481.205 Board of Architecture and Interior Design.—
 1316         (3)(a) Notwithstanding the provisions of ss. 455.225,
 1317  455.228, and 455.32, the duties and authority of the department
 1318  to receive complaints and investigate and discipline persons
 1319  licensed or registered under this part, including the ability to
 1320  determine legal sufficiency and probable cause; to initiate
 1321  proceedings and issue final orders for summary suspension or
 1322  restriction of a license or certificate of registration pursuant
 1323  to s. 120.60(6); to issue notices of noncompliance, notices to
 1324  cease and desist, subpoenas, and citations; to retain legal
 1325  counsel, investigators, or prosecutorial staff in connection
 1326  with the licensed practice of architecture or registered and
 1327  interior design; and to investigate and deter the unlicensed
 1328  practice of architecture and interior design as provided in s.
 1329  455.228 are delegated to the board. All complaints and any
 1330  information obtained pursuant to an investigation authorized by
 1331  the board are confidential and exempt from s. 119.07(1) as
 1332  provided in s. 455.225(2) and (10).
 1333         Section 58. Section 481.207, Florida Statutes, is amended
 1334  to read:
 1335         481.207 Fees.—The board, by rule, may establish separate
 1336  fees for architects and registered interior designers, to be
 1337  paid for applications, examination, reexamination, licensing and
 1338  renewal, delinquency, reinstatement, and recordmaking and
 1339  recordkeeping. The examination fee shall be in an amount that
 1340  covers the cost of obtaining and administering the examination
 1341  and shall be refunded if the applicant is found ineligible to
 1342  sit for the examination. The application fee is nonrefundable.
 1343  The fee for initial application and examination for architects
 1344  and interior designers may not exceed $775 plus the actual per
 1345  applicant cost to the department for purchase of the examination
 1346  from the National Council of Architectural Registration Boards
 1347  or the National Council of Interior Design Qualifications,
 1348  respectively, or similar national organizations. The initial
 1349  nonrefundable fee for registered interior designers may not
 1350  exceed $75. The biennial renewal fee for architects may not
 1351  exceed $200. The biennial renewal fee for registered interior
 1352  designers may not exceed $75 $500. The delinquency fee may not
 1353  exceed the biennial renewal fee established by the board for an
 1354  active license. The board shall establish fees that are adequate
 1355  to ensure the continued operation of the board and to fund the
 1356  proportionate expenses incurred by the department which are
 1357  allocated to the regulation of architects and registered
 1358  interior designers. Fees shall be based on department estimates
 1359  of the revenue required to implement this part and the
 1360  provisions of law with respect to the regulation of architects
 1361  and interior designers.
 1362         Section 59. Section 481.209, Florida Statutes, is amended
 1363  to read:
 1364         481.209 Examinations.—
 1365         (1) A person desiring to be licensed as a registered
 1366  architect by initial examination shall apply to the department,
 1367  complete the application form, and remit a nonrefundable
 1368  application fee. The department shall license any applicant who
 1369  the board certifies:
 1370         (a) has passed the licensure examination prescribed by
 1371  board rule; and
 1372         (b) is a graduate of a school or college of architecture
 1373  with a program accredited by the National Architectural
 1374  Accreditation Board.
 1375         (2) A person seeking to obtain a certificate of
 1376  registration as a registered interior designer and a seal
 1377  pursuant to s. 481.221 must provide the department with his or
 1378  her name and address and written proof that he or she has
 1379  successfully passed the qualification examination prescribed by
 1380  the Council for Interior Design Qualification or its successor
 1381  entity or the California Council for Interior Design
 1382  Certification or its successor entity, or has successfully
 1383  passed an equivalent exam as determined by the department. Any
 1384  person who is licensed as an interior designer by the department
 1385  and who was in good standing as of July 1, 2020, is eligible to
 1386  obtain a certificate of registration as a registered interior
 1387  designer A person desiring to be licensed as a registered
 1388  interior designer shall apply to the department for licensure.
 1389  The department shall administer the licensure examination for
 1390  interior designers to each applicant who has completed the
 1391  application form and remitted the application and examination
 1392  fees specified in s. 481.207 and who the board certifies:
 1393         (a)Is a graduate from an interior design program of 5
 1394  years or more and has completed 1 year of diversified interior
 1395  design experience;
 1396         (b)Is a graduate from an interior design program of 4
 1397  years or more and has completed 2 years of diversified interior
 1398  design experience;
 1399         (c)Has completed at least 3 years in an interior design
 1400  curriculum and has completed 3 years of diversified interior
 1401  design experience; or
 1402         (d)Is a graduate from an interior design program of at
 1403  least 2 years and has completed 4 years of diversified interior
 1404  design experience.
 1405  
 1406  Subsequent to October 1, 2000, for the purpose of having the
 1407  educational qualification required under this subsection
 1408  accepted by the board, the applicant must complete his or her
 1409  education at a program, school, or college of interior design
 1410  whose curriculum has been approved by the board as of the time
 1411  of completion. Subsequent to October 1, 2003, all of the
 1412  required amount of educational credits shall have been obtained
 1413  in a program, school, or college of interior design whose
 1414  curriculum has been approved by the board, as of the time each
 1415  educational credit is gained. The board shall adopt rules
 1416  providing for the review and approval of programs, schools, and
 1417  colleges of interior design and courses of interior design study
 1418  based on a review and inspection by the board of the curriculum
 1419  of programs, schools, and colleges of interior design in the
 1420  United States, including those programs, schools, and colleges
 1421  accredited by the Foundation for Interior Design Education
 1422  Research. The board shall adopt rules providing for the review
 1423  and approval of diversified interior design experience required
 1424  by this subsection.
 1425         Section 60. Section 481.213, Florida Statutes, is amended
 1426  to read:
 1427         481.213 Licensure and registration.—
 1428         (1) The department shall license or register any applicant
 1429  who the board certifies is qualified for licensure or
 1430  registration and who has paid the initial licensure or
 1431  registration fee. Licensure as an architect under this section
 1432  shall be deemed to include all the rights and privileges of
 1433  registration licensure as an interior designer under this
 1434  section.
 1435         (2) The board shall certify for licensure or registration
 1436  by examination any applicant who passes the prescribed licensure
 1437  or registration examination and satisfies the requirements of
 1438  ss. 481.209 and 481.211, for architects, or the requirements of
 1439  s. 481.209, for interior designers.
 1440         (3) The board shall certify as qualified for a license by
 1441  endorsement as an architect or registration as a registered an
 1442  interior designer an applicant who:
 1443         (a) Qualifies to take the prescribed licensure or
 1444  registration examination, and has passed the prescribed
 1445  licensure or registration examination or a substantially
 1446  equivalent examination in another jurisdiction, as set forth in
 1447  s. 481.209 for architects or registered interior designers, as
 1448  applicable, and has satisfied the internship requirements set
 1449  forth in s. 481.211 for architects;
 1450         (b) Holds a valid license to practice architecture or a
 1451  license, registration, or certification to practice interior
 1452  design issued by another jurisdiction of the United States, if
 1453  the criteria for issuance of such license were substantially
 1454  equivalent to the licensure criteria that existed in this state
 1455  at the time the license was issued; provided, however, that an
 1456  applicant who has been licensed for use of the title “interior
 1457  design” rather than licensed to practice interior design shall
 1458  not qualify hereunder; or
 1459         (c) Has passed the prescribed licensure examination and
 1460  holds a valid certificate issued by the National Council of
 1461  Architectural Registration Boards, and holds a valid license to
 1462  practice architecture issued by another state or jurisdiction of
 1463  the United States.
 1464  
 1465  An architect who is licensed in another state who seeks
 1466  qualification for license by endorsement under this subsection
 1467  must complete a 2-hour class approved by the board on the
 1468  Florida Building Code.
 1469         (4) The board may refuse to certify any applicant who has
 1470  violated any of the provisions of s. 481.223, s. 481.225, or s.
 1471  481.2251, as applicable.
 1472         (5) The board may refuse to certify any applicant who is
 1473  under investigation in any jurisdiction for any act which would
 1474  constitute a violation of this part or of chapter 455 until such
 1475  time as the investigation is complete and disciplinary
 1476  proceedings have been terminated.
 1477         (6) The board shall adopt rules to implement the provisions
 1478  of this part relating to the examination, internship, and
 1479  licensure of applicants.
 1480         (7) For persons whose licensure requires satisfaction of
 1481  the requirements of ss. 481.209 and 481.211, the board shall, by
 1482  rule, establish qualifications for certification of such persons
 1483  as special inspectors of threshold buildings, as defined in ss.
 1484  553.71 and 553.79, and shall compile a list of persons who are
 1485  certified. A special inspector is not required to meet standards
 1486  for certification other than those established by the board, and
 1487  the fee owner of a threshold building may not be prohibited from
 1488  selecting any person certified by the board to be a special
 1489  inspector. The board shall develop minimum qualifications for
 1490  the qualified representative of the special inspector who is
 1491  authorized under s. 553.79 to perform inspections of threshold
 1492  buildings on behalf of the special inspector.
 1493         (8)A certificate of registration is not required for a
 1494  person whose occupation or practice is confined to interior
 1495  decorator services or for a person whose occupation or practice
 1496  is confined to interior design except as required in this part.
 1497         Section 61. Subsection (1) of section 481.2131, Florida
 1498  Statutes, is amended to read:
 1499         481.2131 Interior design; practice requirements; disclosure
 1500  of compensation for professional services.—
 1501         (1) A registered interior designer is authorized to perform
 1502  “interior design” as defined in s. 481.203. Interior design
 1503  documents prepared by a registered interior designer shall
 1504  contain a statement that the document is not an architectural or
 1505  engineering study, drawing, specification, or design and is not
 1506  to be used for construction of any load-bearing columns, load
 1507  bearing framing or walls of structures, or issuance of any
 1508  building permit, except as otherwise provided by law. Interior
 1509  design documents that are prepared and sealed by a registered
 1510  interior designer must may, if required by a permitting body, be
 1511  accepted by the permitting body be submitted for the issuance of
 1512  a building permit for interior construction excluding design of
 1513  any structural, mechanical, plumbing, heating, air-conditioning,
 1514  ventilating, electrical, or vertical transportation systems or
 1515  that materially affect lifesafety systems pertaining to
 1516  firesafety protection such as fire-rated separations between
 1517  interior spaces, fire-rated vertical shafts in multistory
 1518  structures, fire-rated protection of structural elements, smoke
 1519  evacuation and compartmentalization, emergency ingress or egress
 1520  systems, and emergency alarm systems. Interior design documents
 1521  submitted for the issuance of a building permit by an individual
 1522  performing interior design services who is not a licensed
 1523  architect must include a seal issued by the department and in
 1524  conformance with the requirements of s. 481.221.
 1525         Section 62. Section 481.215, Florida Statutes, is amended
 1526  to read:
 1527         481.215 Renewal of license or certificate of registration.—
 1528         (1) Subject to the requirement of subsection (3), the
 1529  department shall renew a license or certificate of registration
 1530  upon receipt of the renewal application and renewal fee.
 1531         (2) The department shall adopt rules establishing a
 1532  procedure for the biennial renewal of licenses and certificates
 1533  of registration.
 1534         (3) A No license or certificate of registration renewal may
 1535  not shall be issued to an architect or a registered an interior
 1536  designer by the department until the licensee or registrant
 1537  submits proof satisfactory to the department that, during the 2
 1538  years before prior to application for renewal, the licensee or
 1539  registrant participated per biennium in not less than 20 hours
 1540  of at least 50 minutes each per biennium of continuing education
 1541  approved by the board. The board shall approve only continuing
 1542  education that builds upon the basic knowledge of architecture
 1543  or interior design. The board may make exception from the
 1544  requirements of continuing education in emergency or hardship
 1545  cases.
 1546         (4) The board shall by rule establish criteria for the
 1547  approval of continuing education courses and providers and shall
 1548  by rule establish criteria for accepting alternative
 1549  nonclassroom continuing education on an hour-for-hour basis.
 1550         (5) For a license or certificate of registration, the board
 1551  shall require, by rule adopted pursuant to ss. 120.536(1) and
 1552  120.54, 2 a specified number of hours in specialized or advanced
 1553  courses, approved by the Florida Building Commission, on any
 1554  portion of the Florida Building Code, adopted pursuant to part
 1555  IV of chapter 553, relating to the licensee’s respective area of
 1556  practice. Such hours count toward the continuing education hours
 1557  required under subsection (3). A licensee may complete the
 1558  courses required under this subsection online.
 1559         Section 63. Section 481.217, Florida Statutes, is amended
 1560  to read:
 1561         481.217 Inactive status.—
 1562         (1) The board may prescribe by rule continuing education
 1563  requirements as a condition of reactivating a license. The rules
 1564  may not require more than one renewal cycle of continuing
 1565  education to reactivate a license or registration for a
 1566  registered architect or registered interior designer. For
 1567  interior design, the board may approve only continuing education
 1568  that builds upon the basic knowledge of interior design.
 1569         (2) The board shall adopt rules relating to application
 1570  procedures for inactive status and for the reactivation of
 1571  inactive licenses and registrations.
 1572         Section 64. Section 481.219, Florida Statutes, is amended
 1573  to read:
 1574         481.219 Qualification of business organizations
 1575  certification of partnerships, limited liability companies, and
 1576  corporations.—
 1577         (1) A licensee may The practice of or the offer to practice
 1578  architecture or interior design by licensees through a qualified
 1579  business organization that offers corporation, limited liability
 1580  company, or partnership offering architectural or interior
 1581  design services to the public, or by a corporation, limited
 1582  liability company, or partnership offering architectural or
 1583  interior design services to the public through licensees under
 1584  this part as agents, employees, officers, or partners, is
 1585  permitted, subject to the provisions of this section.
 1586         (2) If a licensee or an applicant proposes to engage in the
 1587  practice of architecture as a business organization, the
 1588  licensee or applicant shall qualify the business organization
 1589  upon approval of the board For the purposes of this section, a
 1590  certificate of authorization shall be required for a
 1591  corporation, limited liability company, partnership, or person
 1592  practicing under a fictitious name, offering architectural
 1593  services to the public jointly or separately. However, when an
 1594  individual is practicing architecture in her or his own name,
 1595  she or he shall not be required to be certified under this
 1596  section. Certification under this subsection to offer
 1597  architectural services shall include all the rights and
 1598  privileges of certification under subsection (3) to offer
 1599  interior design services.
 1600         (3)(a)A business organization may not engage in the
 1601  practice of architecture unless its qualifying agent is a
 1602  registered architect under this part. A qualifying agent who
 1603  terminates an affiliation with a qualified business organization
 1604  shall immediately notify the department of such termination. If
 1605  such qualifying agent is the only qualifying agent for that
 1606  business organization, the business organization must be
 1607  qualified by another qualifying agent within 60 days after the
 1608  termination. Except as provided in paragraph (b), the business
 1609  organization may not engage in the practice of architecture
 1610  until it is qualified by another qualifying agent.
 1611         (b)In the event a qualifying agent ceases employment with
 1612  a qualified business organization, the executive director or the
 1613  chair of the board may authorize another registered architect
 1614  employed by the business organization to temporarily serve as
 1615  its qualifying agent for a period of no more than 60 days. The
 1616  business organization is not authorized to operate beyond such
 1617  period under this chapter absent replacement of the qualifying
 1618  agent who has ceased employment.
 1619         (c)A qualifying agent shall notify the department in
 1620  writing before engaging in the practice of architecture in her
 1621  or his own name or in affiliation with a different business
 1622  organization, and she or he or such business organization shall
 1623  supply the same information to the department as required of
 1624  applicants under this part.
 1625         (3)For the purposes of this section, a certificate of
 1626  authorization shall be required for a corporation, limited
 1627  liability company, partnership, or person operating under a
 1628  fictitious name, offering interior design services to the public
 1629  jointly or separately. However, when an individual is practicing
 1630  interior design in her or his own name, she or he shall not be
 1631  required to be certified under this section.
 1632         (4) All final construction documents and instruments of
 1633  service which include drawings, specifications, plans, reports,
 1634  or other papers or documents that involve involving the practice
 1635  of architecture which are prepared or approved for the use of
 1636  the business organization corporation, limited liability
 1637  company, or partnership and filed for public record within the
 1638  state must shall bear the signature and seal of the licensee who
 1639  prepared or approved them and the date on which they were
 1640  sealed.
 1641         (5) All drawings, specifications, plans, reports, or other
 1642  papers or documents prepared or approved for the use of the
 1643  corporation, limited liability company, or partnership by an
 1644  interior designer in her or his professional capacity and filed
 1645  for public record within the state shall bear the signature and
 1646  seal of the licensee who prepared or approved them and the date
 1647  on which they were sealed.
 1648         (6)The department shall issue a certificate of
 1649  authorization to any applicant who the board certifies as
 1650  qualified for a certificate of authorization and who has paid
 1651  the fee set in s. 481.207.
 1652         (7) The board shall allow a licensee or certify an
 1653  applicant to qualify one or more business organizations as
 1654  qualified for a certificate of authorization to offer
 1655  architectural or interior design services, or to use a
 1656  fictitious name to offer such services, if provided that:
 1657         (a) one or more of the principal officers of the
 1658  corporation or limited liability company, or one or more
 1659  partners of the partnership, and all personnel of the
 1660  corporation, limited liability company, or partnership who act
 1661  in its behalf in this state as architects, are registered as
 1662  provided by this part; or
 1663         (b)One or more of the principal officers of the
 1664  corporation or one or more partners of the partnership, and all
 1665  personnel of the corporation, limited liability company, or
 1666  partnership who act in its behalf in this state as interior
 1667  designers, are registered as provided by this part.
 1668         (8)The department shall adopt rules establishing a
 1669  procedure for the biennial renewal of certificates of
 1670  authorization.
 1671         (9)The department shall renew a certificate of
 1672  authorization upon receipt of the renewal application and
 1673  biennial renewal fee.
 1674         (6)(10) Each qualifying agent who qualifies a business
 1675  organization, partnership, limited liability company, or and
 1676  corporation certified under this section shall notify the
 1677  department within 30 days after of any change in the information
 1678  contained in the application upon which the qualification
 1679  certification is based. Any registered architect or interior
 1680  designer who qualifies the business organization shall ensure
 1681  corporation, limited liability company, or partnership as
 1682  provided in subsection (7) shall be responsible for ensuring
 1683  responsible supervising control of projects of the business
 1684  organization entity and shall notify the department of the upon
 1685  termination of her or his employment with a business
 1686  organization qualified partnership, limited liability company,
 1687  or corporation certified under this section shall notify the
 1688  department of the termination within 30 days after such
 1689  termination.
 1690         (7)(11)A business organization is not No corporation,
 1691  limited liability company, or partnership shall be relieved of
 1692  responsibility for the conduct or acts of its agents, employees,
 1693  or officers by reason of its compliance with this section.
 1694  However, except as provided in s. 558.0035, the architect who
 1695  signs and seals the construction documents and instruments of
 1696  service is shall be liable for the professional services
 1697  performed, and the interior designer who signs and seals the
 1698  interior design drawings, plans, or specifications shall be
 1699  liable for the professional services performed.
 1700         (12)Disciplinary action against a corporation, limited
 1701  liability company, or partnership shall be administered in the
 1702  same manner and on the same grounds as disciplinary action
 1703  against a registered architect or interior designer,
 1704  respectively.
 1705         (8)(13)Nothing in This section may not shall be construed
 1706  to mean that a certificate of registration to practice
 1707  architecture must or interior design shall be held by a business
 1708  organization corporation, limited liability company, or
 1709  partnership. Nothing in This section does not prohibit a
 1710  business organization from offering prohibits corporations,
 1711  limited liability companies, and partnerships from joining
 1712  together to offer architectural, engineering, interior design,
 1713  surveying and mapping, and landscape architectural services, or
 1714  any combination of such services, to the public if the business
 1715  organization, provided that each corporation, limited liability
 1716  company, or partnership otherwise meets the requirements of law.
 1717         (14)Corporations, limited liability companies, or
 1718  partnerships holding a valid certificate of authorization to
 1719  practice architecture shall be permitted to use in their title
 1720  the term “interior designer” or “registered interior designer.”
 1721         Section 65. Subsections (5) and (10) of section 481.221,
 1722  Florida Statutes, are amended to read:
 1723         481.221 Seals; display of certificate number.—
 1724         (5) No registered interior designer shall affix, or permit
 1725  to be affixed, her or his seal or signature to any plan,
 1726  specification, drawing, or other document which depicts work
 1727  which she or he is not competent or registered licensed to
 1728  perform.
 1729         (10) Each registered architect must or interior designer,
 1730  and each corporation, limited liability company, or partnership
 1731  holding a certificate of authorization, shall include her or his
 1732  license its certificate number in any newspaper, telephone
 1733  directory, or other advertising medium used by the registered
 1734  licensee. Each business organization must include the license
 1735  number of the registered architect who serves as the qualifying
 1736  agent for that business organization in any newspaper, telephone
 1737  directory, or other advertising medium used by the business
 1738  organization architect, interior designer, corporation, limited
 1739  liability company, or partnership. A corporation, limited
 1740  liability company, or partnership is not required to display the
 1741  certificate number of individual registered architects or
 1742  interior designers employed by or working within the
 1743  corporation, limited liability company, or partnership.
 1744         Section 66. Section 481.223, Florida Statutes, is amended
 1745  to read:
 1746         481.223 Prohibitions; penalties; injunctive relief.—
 1747         (1) A person may not knowingly:
 1748         (a) Practice architecture unless the person is an architect
 1749  or a registered architect; however, a licensed architect who has
 1750  been licensed by the board and who chooses to relinquish or not
 1751  to renew his or her license may use the title “Architect,
 1752  Retired” but may not otherwise render any architectural
 1753  services.
 1754         (b)Practice interior design unless the person is a
 1755  registered interior designer unless otherwise exempted herein;
 1756  however, an interior designer who has been licensed by the board
 1757  and who chooses to relinquish or not to renew his or her license
 1758  may use the title “Interior Designer, Retired” but may not
 1759  otherwise render any interior design services.
 1760         (b)(c) Use the name or title “architect,or “registered
 1761  architect,” or “interior designer” or “registered interior
 1762  designer,or words to that effect, when the person is not then
 1763  the holder of a valid license or certificate of registration
 1764  issued pursuant to this part. This paragraph does not restrict
 1765  the use of the name or title “interior designer” or “interior
 1766  design firm.”
 1767         (c)(d) Present as his or her own the license of another.
 1768         (d)(e) Give false or forged evidence to the board or a
 1769  member thereof.
 1770         (e)(f) Use or attempt to use an architect or interior
 1771  designer license or interior design certificate of registration
 1772  that has been suspended, revoked, or placed on inactive or
 1773  delinquent status.
 1774         (f)(g) Employ unlicensed persons to practice architecture
 1775  or interior design.
 1776         (g)(h) Conceal information relative to violations of this
 1777  part.
 1778         (2) Any person who violates any provision of subsection (1)
 1779  commits a misdemeanor of the first degree, punishable as
 1780  provided in s. 775.082 or s. 775.083.
 1781         (3)(a) Notwithstanding chapter 455 or any other law to the
 1782  contrary, an affected person may maintain an action for
 1783  injunctive relief to restrain or prevent a person from violating
 1784  paragraph (1)(a) or, paragraph (1)(b), or paragraph (1)(c). The
 1785  prevailing party is entitled to actual costs and attorney’s
 1786  fees.
 1787         (b) For purposes of this subsection, the term “affected
 1788  person” means a person directly affected by the actions of a
 1789  person suspected of violating paragraph (1)(a) or, paragraph
 1790  (1)(b), or paragraph (1)(c) and includes, but is not limited to,
 1791  the department, any person who received services from the
 1792  alleged violator, or any private association composed primarily
 1793  of members of the profession the alleged violator is practicing
 1794  or offering to practice or holding himself or herself out as
 1795  qualified to practice.
 1796         Section 67. Section 481.2251, Florida Statutes, is amended
 1797  to read:
 1798         481.2251 Disciplinary proceedings against registered
 1799  interior designers.—
 1800         (1) The following acts constitute grounds for which the
 1801  disciplinary actions specified in subsection (2) may be taken:
 1802         (a) Attempting to register obtain, obtaining, or renewing
 1803  registration, by bribery, by fraudulent misrepresentation, or
 1804  through an error of the board, a license to practice interior
 1805  design;
 1806         (b) Having an interior design license, certification, or
 1807  registration a license to practice interior design revoked,
 1808  suspended, or otherwise acted against, including the denial of
 1809  licensure, registration, or certification by the licensing
 1810  authority of another jurisdiction for any act which would
 1811  constitute a violation of this part or of chapter 455;
 1812         (c) Being convicted or found guilty, regardless of
 1813  adjudication, of a crime in any jurisdiction which directly
 1814  relates to the provision of interior design services or to the
 1815  ability to provide interior design services. A plea of nolo
 1816  contendere shall create a rebuttable presumption of guilt to the
 1817  underlying criminal charges. However, the board shall allow the
 1818  person being disciplined to present any evidence relevant to the
 1819  underlying charges and the circumstances surrounding her or his
 1820  plea;
 1821         (d) False, deceptive, or misleading advertising;
 1822         (e) Failing to report to the board any person who the
 1823  licensee knows is in violation of this part or the rules of the
 1824  board;
 1825         (f) Aiding, assisting, procuring, or advising any
 1826  unlicensed person to use the title “interior designer” contrary
 1827  to this part or to a rule of the board;
 1828         (g) Failing to perform any statutory or legal obligation
 1829  placed upon a registered interior designer;
 1830         (h) Making or filing a report which the registrant licensee
 1831  knows to be false, intentionally or negligently failing to file
 1832  a report or record required by state or federal law, or
 1833  willfully impeding or obstructing such filing or inducing
 1834  another person to do so. Such reports or records shall include
 1835  only those which are signed in the capacity as a registered
 1836  interior designer;
 1837         (f)(i) Making deceptive, untrue, or fraudulent
 1838  representations in the provision of interior design services;
 1839         (g)(j) Accepting and performing professional
 1840  responsibilities which the registrant licensee knows or has
 1841  reason to know that she or he is not competent or licensed to
 1842  perform;
 1843         (k) Violating any provision of this part, any rule of the
 1844  board, or a lawful order of the board previously entered in a
 1845  disciplinary hearing;
 1846         (l) Conspiring with another licensee or with any other
 1847  person to commit an act, or committing an act, which would tend
 1848  to coerce, intimidate, or preclude another licensee from
 1849  lawfully advertising her or his services;
 1850         (m) Acceptance of compensation or any consideration by an
 1851  interior designer from someone other than the client without
 1852  full disclosure of the compensation or consideration amount or
 1853  value to the client prior to the engagement for services, in
 1854  violation of s. 481.2131(2);
 1855         (h)(n) Rendering or offering to render architectural
 1856  services; or
 1857         (i)(o) Committing an act of fraud or deceit, or of
 1858  negligence, incompetency, or misconduct, in the practice of
 1859  interior design, including, but not limited to, allowing the
 1860  preparation of any interior design studies, plans, or other
 1861  instruments of service in an office that does not have a full
 1862  time Florida-registered interior designer assigned to such
 1863  office or failing to exercise responsible supervisory control
 1864  over services or projects, as required by board rule.
 1865         (2) When the board finds any person guilty of any of the
 1866  grounds set forth in subsection (1), it may enter an order
 1867  taking the following action or imposing one or more of the
 1868  following penalties:
 1869         (a) Refusal to register the applicant approve an
 1870  application for licensure;
 1871         (b) Refusal to renew an existing registration license;
 1872         (c) Removal from the state registry Revocation or
 1873  suspension of a license; or
 1874         (d) Imposition of an administrative fine not to exceed $500
 1875  $1,000 for each violation or separate offense and a fine of up
 1876  to $2,500 $5,000 for matters pertaining to a material violation
 1877  of the Florida Building Code as reported by a local
 1878  jurisdiction; or
 1879         (e) Issuance of a reprimand.
 1880         Section 68. Paragraph (b) of subsection (5) and subsections
 1881  (6) and (8) of section 481.229, Florida Statutes, are amended to
 1882  read:
 1883         481.229 Exceptions; exemptions from licensure.—
 1884         (5)
 1885         (b) Notwithstanding any other provision of this part, all
 1886  persons licensed as architects under this part shall be
 1887  qualified for interior design registration licensure upon
 1888  submission of a completed application for such license and a fee
 1889  not to exceed $30. Such persons shall be exempt from the
 1890  requirements of s. 481.209(2). For architects licensed as
 1891  interior designers, satisfaction of the requirements for renewal
 1892  of licensure as an architect under s. 481.215 shall be deemed to
 1893  satisfy the requirements for renewal of registration licensure
 1894  as an interior designer under that section. Complaint
 1895  processing, investigation, or other discipline-related legal
 1896  costs related to persons licensed as interior designers under
 1897  this paragraph shall be assessed against the architects’ account
 1898  of the Regulatory Trust Fund.
 1899         (6) This part shall not apply to:
 1900         (a)A person who performs interior design services or
 1901  interior decorator services for any residential application,
 1902  provided that such person does not advertise as, or represent
 1903  himself or herself as, an interior designer. For purposes of
 1904  this paragraph, “residential applications” includes all types of
 1905  residences, including, but not limited to, residence buildings,
 1906  single-family homes, multifamily homes, townhouses, apartments,
 1907  condominiums, and domestic outbuildings appurtenant to one
 1908  family or two-family residences. However, “residential
 1909  applications” does not include common areas associated with
 1910  instances of multiple-unit dwelling applications.
 1911         (b) an employee of a retail establishment providing
 1912  “interior decorator services” on the premises of the retail
 1913  establishment or in the furtherance of a retail sale or
 1914  prospective retail sale, provided that such employee does not
 1915  advertise as, or represent himself or herself as, an interior
 1916  designer.
 1917         (8) A manufacturer of commercial food service equipment or
 1918  the manufacturer’s representative, distributor, or dealer or an
 1919  employee thereof, who prepares designs, specifications, or
 1920  layouts for the sale or installation of such equipment is exempt
 1921  from licensure as an architect or interior designer, if:
 1922         (a) The designs, specifications, or layouts are not used
 1923  for construction or installation that may affect structural,
 1924  mechanical, plumbing, heating, air conditioning, ventilating,
 1925  electrical, or vertical transportation systems.
 1926         (b) The designs, specifications, or layouts do not
 1927  materially affect lifesafety systems pertaining to firesafety
 1928  protection, smoke evacuation and compartmentalization, and
 1929  emergency ingress or egress systems.
 1930         (c) Each design, specification, or layout document prepared
 1931  by a person or entity exempt under this subsection contains a
 1932  statement on each page of the document that the designs,
 1933  specifications, or layouts are not architectural, interior
 1934  design, or engineering designs, specifications, or layouts and
 1935  not used for construction unless reviewed and approved by a
 1936  licensed architect or engineer.
 1937         Section 69. Subsection (1) of section 481.231, Florida
 1938  Statutes, is amended to read:
 1939         481.231 Effect of part locally.—
 1940         (1) Nothing in This part does not shall be construed to
 1941  repeal, amend, limit, or otherwise affect any specific provision
 1942  of any local building code or zoning law or ordinance that has
 1943  been duly adopted, now or hereafter enacted, which is more
 1944  restrictive, with respect to the services of registered
 1945  architects or registered interior designers, than the provisions
 1946  of this part; provided, however, that a licensed architect shall
 1947  be deemed registered licensed as an interior designer for
 1948  purposes of offering or rendering interior design services to a
 1949  county, municipality, or other local government or political
 1950  subdivision.
 1951         Section 70. Section 481.303, Florida Statutes, is amended
 1952  to read:
 1953         481.303 Definitions.—As used in this chapter, the term:
 1954         (1) “Board” means the Board of Landscape Architecture.
 1955         (3)(2) “Department” means the Department of Business and
 1956  Professional Regulation.
 1957         (6)(3) “Registered landscape architect” means a person who
 1958  holds a license to practice landscape architecture in this state
 1959  under the authority of this act.
 1960         (2)(4) “Certificate of registration” means a license issued
 1961  by the department to a natural person to engage in the practice
 1962  of landscape architecture.
 1963         (5)“Certificate of authorization” means a license issued
 1964  by the department to a corporation or partnership to engage in
 1965  the practice of landscape architecture.
 1966         (4)(6) “Landscape architecture” means professional
 1967  services, including, but not limited to, the following:
 1968         (a) Consultation, investigation, research, planning,
 1969  design, preparation of drawings, specifications, contract
 1970  documents and reports, responsible construction supervision, or
 1971  landscape management in connection with the planning and
 1972  development of land and incidental water areas, including the
 1973  use of Florida-friendly landscaping as defined in s. 373.185,
 1974  where, and to the extent that, the dominant purpose of such
 1975  services or creative works is the preservation, conservation,
 1976  enhancement, or determination of proper land uses, natural land
 1977  features, ground cover and plantings, or naturalistic and
 1978  aesthetic values;
 1979         (b) The determination of settings, grounds, and approaches
 1980  for and the siting of buildings and structures, outdoor areas,
 1981  or other improvements;
 1982         (c) The setting of grades, shaping and contouring of land
 1983  and water forms, determination of drainage, and provision for
 1984  storm drainage and irrigation systems where such systems are
 1985  necessary to the purposes outlined herein; and
 1986         (d) The design of such tangible objects and features as are
 1987  necessary to the purpose outlined herein.
 1988         (5)(7) “Landscape design” means consultation for and
 1989  preparation of planting plans drawn for compensation, including
 1990  specifications and installation details for plant materials,
 1991  soil amendments, mulches, edging, gravel, and other similar
 1992  materials. Such plans may include only recommendations for the
 1993  conceptual placement of tangible objects for landscape design
 1994  projects. Construction documents, details, and specifications
 1995  for tangible objects and irrigation systems shall be designed or
 1996  approved by licensed professionals as required by law.
 1997         Section 71. Section 481.310, Florida Statutes, is amended
 1998  to read:
 1999         481.310 Practical experience requirement.—Beginning October
 2000  1, 1990, every applicant for licensure as a registered landscape
 2001  architect shall demonstrate, prior to licensure, 1 year of
 2002  practical experience in landscape architectural work. An
 2003  applicant who holds a master of landscape architecture degree
 2004  and a bachelor’s degree in a related field is not required to
 2005  demonstrate 1 year of practical experience in landscape
 2006  architectural work to obtain licensure. The board shall adopt
 2007  rules providing standards for the required experience. An
 2008  applicant who qualifies for examination pursuant to s.
 2009  481.309(1)(b)1. may obtain the practical experience after
 2010  completing the required professional degree. Experience used to
 2011  qualify for examination pursuant to s. 481.309(1)(b)2. may not
 2012  be used to satisfy the practical experience requirement under
 2013  this section.
 2014         Section 72. Subsections (3) and (4) of section 481.311,
 2015  Florida Statutes, are amended to read:
 2016         481.311 Licensure.—
 2017         (3) The board shall certify as qualified for a license by
 2018  endorsement an applicant who:
 2019         (a)Qualifies to take the examination as set forth in s.
 2020  481.309; and has passed a national, regional, state, or
 2021  territorial licensing examination which is substantially
 2022  equivalent to the examination required by s. 481.309; or
 2023         (b) holds a valid license to practice landscape
 2024  architecture issued by another state or territory of the United
 2025  States, if the criteria for issuance of such license were
 2026  substantially identical to the licensure criteria which existed
 2027  in this state at the time the license was issued.
 2028         (4)The board shall certify as qualified for a certificate
 2029  of authorization any applicant corporation or partnership who
 2030  satisfies the requirements of s. 481.319.
 2031         Section 73. Subsection (4) of section 481.313, Florida
 2032  Statutes, is amended to read:
 2033         481.313 Renewal of license.—
 2034         (4) The board, by rule adopted pursuant to ss. 120.536(1)
 2035  and 120.54, shall establish criteria for the approval of
 2036  continuing education courses and providers, and shall by rule
 2037  establish criteria for accepting alternative nonclassroom
 2038  continuing education on an hour-for-hour basis. A landscape
 2039  architect shall receive hour-for-hour credit for attending
 2040  continuing education courses approved by the Landscape
 2041  Architecture Continuing Education System or another nationally
 2042  recognized clearinghouse for continuing education that relate to
 2043  and increase his or her basic knowledge of landscape
 2044  architecture, as determined by the board, if the landscape
 2045  architect submits proof satisfactory to the board that such
 2046  course was approved by the Landscape Architecture Continuing
 2047  Education System or another nationally recognized clearinghouse
 2048  for continuing education, along with the syllabus or outline for
 2049  such course and proof of course attendance.
 2050         Section 74. Subsection (2) of section 481.317, Florida
 2051  Statutes, is amended to read:
 2052         481.317 Temporary certificates.—
 2053         (2)Upon approval by the board and payment of the fee set
 2054  in s. 481.307, the department shall grant a temporary
 2055  certificate of authorization for work on one specified project
 2056  in this state for a period not to exceed 1 year to an out-of
 2057  state corporation, partnership, or firm, provided one of the
 2058  principal officers of the corporation, one of the partners of
 2059  the partnership, or one of the principals in the fictitiously
 2060  named firm has obtained a temporary certificate of registration
 2061  in accordance with subsection (1).
 2062         Section 75. Section 481.319, Florida Statutes, is amended
 2063  to read:
 2064         481.319 Corporate and partnership practice of landscape
 2065  architecture; certificate of authorization.—
 2066         (1) The practice of or offer to practice landscape
 2067  architecture by registered landscape architects registered under
 2068  this part through a corporation or partnership offering
 2069  landscape architectural services to the public, or through a
 2070  corporation or partnership offering landscape architectural
 2071  services to the public through individual registered landscape
 2072  architects as agents, employees, officers, or partners, is
 2073  permitted, subject to the provisions of this section, if:
 2074         (a) One or more of the principal officers of the
 2075  corporation, or partners of the partnership, and all personnel
 2076  of the corporation or partnership who act in its behalf as
 2077  landscape architects in this state are registered landscape
 2078  architects; and
 2079         (b) One or more of the officers, one or more of the
 2080  directors, one or more of the owners of the corporation, or one
 2081  or more of the partners of the partnership is a registered
 2082  landscape architect; and
 2083         (c)The corporation or partnership has been issued a
 2084  certificate of authorization by the board as provided herein.
 2085         (2) All documents involving the practice of landscape
 2086  architecture which are prepared for the use of the corporation
 2087  or partnership shall bear the signature and seal of a registered
 2088  landscape architect.
 2089         (3) A landscape architect applying to practice in the name
 2090  of a An applicant corporation must shall file with the
 2091  department the names and addresses of all officers and board
 2092  members of the corporation, including the principal officer or
 2093  officers, duly registered to practice landscape architecture in
 2094  this state and, also, of all individuals duly registered to
 2095  practice landscape architecture in this state who shall be in
 2096  responsible charge of the practice of landscape architecture by
 2097  the corporation in this state. A landscape architect applying to
 2098  practice in the name of a An applicant partnership must shall
 2099  file with the department the names and addresses of all partners
 2100  of the partnership, including the partner or partners duly
 2101  registered to practice landscape architecture in this state and,
 2102  also, of an individual or individuals duly registered to
 2103  practice landscape architecture in this state who shall be in
 2104  responsible charge of the practice of landscape architecture by
 2105  said partnership in this state.
 2106         (4) Each landscape architect qualifying a partnership or
 2107  and corporation licensed under this part must shall notify the
 2108  department within 1 month after of any change in the information
 2109  contained in the application upon which the license is based.
 2110  Any landscape architect who terminates her or his or her
 2111  employment with a partnership or corporation licensed under this
 2112  part shall notify the department of the termination within 1
 2113  month after such termination.
 2114         (5) Disciplinary action against a corporation or
 2115  partnership shall be administered in the same manner and on the
 2116  same grounds as disciplinary action against a registered
 2117  landscape architect.
 2118         (6) Except as provided in s. 558.0035, the fact that a
 2119  registered landscape architect practices landscape architecture
 2120  through a corporation or partnership as provided in this section
 2121  does not relieve the landscape architect from personal liability
 2122  for her or his or her professional acts.
 2123         Section 76. Subsection (5) of section 481.321, Florida
 2124  Statutes, is amended to read:
 2125         481.321 Seals; display of certificate number.—
 2126         (5) Each registered landscape architect must and each
 2127  corporation or partnership holding a certificate of
 2128  authorization shall include her or his its certificate number in
 2129  any newspaper, telephone directory, or other advertising medium
 2130  used by the registered landscape architect, corporation, or
 2131  partnership. A corporation or partnership must is not required
 2132  to display the certificate number numbers of at least one
 2133  officer, director, owner, or partner who is a individual
 2134  registered landscape architect architects employed by or
 2135  practicing with the corporation or partnership.
 2136         Section 77. Subsection (5) of section 481.329, Florida
 2137  Statutes, is amended to read:
 2138         481.329 Exceptions; exemptions from licensure.—
 2139         (5) This part does not prohibit any person from engaging in
 2140  the practice of landscape design, as defined in s. 481.303 s.
 2141  481.303(7), or from submitting for approval to a governmental
 2142  agency planting plans that are independent of, or a component
 2143  of, construction documents that are prepared by a Florida
 2144  registered professional. Persons providing landscape design
 2145  services shall not use the title, term, or designation
 2146  “landscape architect,” “landscape architectural,” “landscape
 2147  architecture,” “L.A.,” “landscape engineering,” or any
 2148  description tending to convey the impression that she or he is a
 2149  landscape architect unless she or he is registered as provided
 2150  in this part.
 2151         Section 78. Subsection (9) of section 489.103, Florida
 2152  Statutes, is amended to read:
 2153         489.103 Exemptions.—This part does not apply to:
 2154         (9) Any work or operation of a casual, minor, or
 2155  inconsequential nature in which the aggregate contract price for
 2156  labor, materials, and all other items is less than $2,500
 2157  $1,000, but this exemption does not apply:
 2158         (a) If the construction, repair, remodeling, or improvement
 2159  is a part of a larger or major operation, whether undertaken by
 2160  the same or a different contractor, or in which a division of
 2161  the operation is made in contracts of amounts less than $2,500
 2162  $1,000 for the purpose of evading this part or otherwise.
 2163         (b) To a person who advertises that he or she is a
 2164  contractor or otherwise represents that he or she is qualified
 2165  to engage in contracting.
 2166         Section 79. Subsection (2) of section 489.111, Florida
 2167  Statutes, is amended to read:
 2168         489.111 Licensure by examination.—
 2169         (2) A person shall be eligible for licensure by examination
 2170  if the person:
 2171         (a) Is 18 years of age;
 2172         (b) Is of good moral character; and
 2173         (c) Meets eligibility requirements according to one of the
 2174  following criteria:
 2175         1. Has received a baccalaureate degree from an accredited
 2176  4-year college in the appropriate field of engineering,
 2177  architecture, or building construction and has 1 year of proven
 2178  experience in the category in which the person seeks to qualify.
 2179  For the purpose of this part, a minimum of 2,000 person-hours
 2180  shall be used in determining full-time equivalency. An applicant
 2181  who is exempt from passing an examination under s. 489.113(1) is
 2182  eligible for a license under this section.
 2183         2. Has a total of at least 4 years of active experience as
 2184  a worker who has learned the trade by serving an apprenticeship
 2185  as a skilled worker who is able to command the rate of a
 2186  mechanic in the particular trade or as a foreman who is in
 2187  charge of a group of workers and usually is responsible to a
 2188  superintendent or a contractor or his or her equivalent,
 2189  provided, however, that at least 1 year of active experience
 2190  shall be as a foreman.
 2191         3. Has a combination of not less than 1 year of experience
 2192  as a foreman and not less than 3 years of credits for any
 2193  accredited college-level courses; has a combination of not less
 2194  than 1 year of experience as a skilled worker, 1 year of
 2195  experience as a foreman, and not less than 2 years of credits
 2196  for any accredited college-level courses; or has a combination
 2197  of not less than 2 years of experience as a skilled worker, 1
 2198  year of experience as a foreman, and not less than 1 year of
 2199  credits for any accredited college-level courses. All junior
 2200  college or community college-level courses shall be considered
 2201  accredited college-level courses.
 2202         4.a. An active certified residential contractor is eligible
 2203  to receive a certified building contractor license after passing
 2204  or having previously passed take the building contractors’
 2205  examination if he or she possesses a minimum of 3 years of
 2206  proven experience in the classification in which he or she is
 2207  certified.
 2208         b. An active certified residential contractor is eligible
 2209  to receive a certified general contractor license after passing
 2210  or having previously passed take the general contractors’
 2211  examination if he or she possesses a minimum of 4 years of
 2212  proven experience in the classification in which he or she is
 2213  certified.
 2214         c. An active certified building contractor is eligible to
 2215  receive a certified general contractor license after passing or
 2216  having previously passed take the general contractors’
 2217  examination if he or she possesses a minimum of 4 years of
 2218  proven experience in the classification in which he or she is
 2219  certified.
 2220         5.a. An active certified air-conditioning Class C
 2221  contractor is eligible to receive a certified air-conditioning
 2222  Class B contractor license after passing or having previously
 2223  passed take the air-conditioning Class B contractors’
 2224  examination if he or she possesses a minimum of 3 years of
 2225  proven experience in the classification in which he or she is
 2226  certified.
 2227         b. An active certified air-conditioning Class C contractor
 2228  is eligible to receive a certified air-conditioning Class A
 2229  contractor license after passing or having previously passed
 2230  take the air-conditioning Class A contractors’ examination if he
 2231  or she possesses a minimum of 4 years of proven experience in
 2232  the classification in which he or she is certified.
 2233         c. An active certified air-conditioning Class B contractor
 2234  is eligible to receive a certified air-conditioning Class A
 2235  contractor license after passing or having previously passed
 2236  take the air-conditioning Class A contractors’ examination if he
 2237  or she possesses a minimum of 1 year of proven experience in the
 2238  classification in which he or she is certified.
 2239         6.a. An active certified swimming pool servicing contractor
 2240  is eligible to receive a certified residential swimming pool
 2241  contractor license after passing or having previously passed
 2242  take the residential swimming pool contractors’ examination if
 2243  he or she possesses a minimum of 3 years of proven experience in
 2244  the classification in which he or she is certified.
 2245         b. An active certified swimming pool servicing contractor
 2246  is eligible to receive a certified commercial swimming pool
 2247  contractor license after passing or having previously passed
 2248  take the swimming pool commercial contractors’ examination if he
 2249  or she possesses a minimum of 4 years of proven experience in
 2250  the classification in which he or she is certified.
 2251         c. An active certified residential swimming pool contractor
 2252  is eligible to receive a certified commercial swimming pool
 2253  contractor license after passing or having previously passed
 2254  take the commercial swimming pool contractors’ examination if he
 2255  or she possesses a minimum of 1 year of proven experience in the
 2256  classification in which he or she is certified.
 2257         d. An applicant is eligible to receive a certified swimming
 2258  pool/spa servicing contractor license after passing or having
 2259  previously passed take the swimming pool/spa servicing
 2260  contractors’ examination if he or she has satisfactorily
 2261  completed 60 hours of instruction in courses related to the
 2262  scope of work covered by that license and approved by the
 2263  Construction Industry Licensing Board by rule and has at least 1
 2264  year of proven experience related to the scope of work of such a
 2265  contractor.
 2266         Section 80. Subsection (1) of section 489.113, Florida
 2267  Statutes, is amended to read:
 2268         489.113 Qualifications for practice; restrictions.—
 2269         (1) Any person who desires to engage in contracting on a
 2270  statewide basis shall, as a prerequisite thereto, establish his
 2271  or her competency and qualifications to be certified pursuant to
 2272  this part. To establish competency, a person shall pass the
 2273  appropriate examination approved by the board and certified by
 2274  the department. If an applicant has received a baccalaureate
 2275  degree in building construction from an accredited 4-year
 2276  college, or a related degree as approved by the board by rule,
 2277  and has a grade point average of 3.5 or higher, such applicant
 2278  is not required to pass such examination. Any person who desires
 2279  to engage in contracting on other than a statewide basis shall,
 2280  as a prerequisite thereto, be registered pursuant to this part,
 2281  unless exempted by this part.
 2282         Section 81. Subsection (3) of section 489.115, Florida
 2283  Statutes, is amended to read:
 2284         489.115 Certification and registration; endorsement;
 2285  reciprocity; renewals; continuing education.—
 2286         (3) The board shall certify as qualified for certification
 2287  by endorsement any applicant who:
 2288         (a) Meets the requirements for certification as set forth
 2289  in this section; has passed a national, regional, state, or
 2290  United States territorial licensing examination that is
 2291  substantially equivalent to the examination required by this
 2292  part; and has satisfied the requirements set forth in s.
 2293  489.111;
 2294         (b) Holds a valid license to practice contracting issued by
 2295  another state or territory of the United States, if the criteria
 2296  for issuance of such license were substantially equivalent to
 2297  Florida’s current certification criteria; or
 2298         (c) Holds a valid, current license to practice contracting
 2299  issued by another state or territory of the United States, if
 2300  the state or territory has entered into a reciprocal agreement
 2301  with the board for the recognition of contractor licenses issued
 2302  in that state, based on criteria for the issuance of such
 2303  licenses that are substantially equivalent to the criteria for
 2304  certification in this state; or
 2305         (d)Has held a valid, current license to practice
 2306  contracting issued by another state or territory of the United
 2307  States for at least 10 years before the date of application and
 2308  is applying for the same or similar license in this state,
 2309  subject to subsections (5)-(9). The board may consider whether
 2310  such applicant has had a license to practice contracting
 2311  revoked, suspended, or otherwise acted against by the licensing
 2312  authority of another state, territory, or country. Such
 2313  application must be made either when the license in another
 2314  state or territory is active or within 2 years after such
 2315  license was last active. Division I contractors and roofing
 2316  contractors must complete a 2-hour course on the Florida
 2317  Building Code which includes information on wind mitigation
 2318  techniques. The required courses may be completed online.
 2319         Section 82. Subsection (5) of section 489.511, Florida
 2320  Statutes, is amended to read:
 2321         489.511 Certification; application; examinations;
 2322  endorsement.—
 2323         (5) The board shall certify as qualified for certification
 2324  by endorsement any individual applying for certification who:
 2325         (a) Meets the requirements for certification as set forth
 2326  in this section; has passed a national, regional, state, or
 2327  United States territorial licensing examination that is
 2328  substantially equivalent to the examination required by this
 2329  part; and has satisfied the requirements set forth in s.
 2330  489.521; or
 2331         (b) Holds a valid license to practice electrical or alarm
 2332  system contracting issued by another state or territory of the
 2333  United States, if the criteria for issuance of such license was
 2334  substantially equivalent to the certification criteria that
 2335  existed in this state at the time the certificate was issued; or
 2336         (c)Has held a valid, current license to practice
 2337  electrical or alarm system contracting issued by another state
 2338  or territory of the United States for at least 10 years before
 2339  the date of application and is applying for the same or similar
 2340  license in this state, subject to ss. 489.510 and 489.521(3)(a)
 2341  and subparagraph (1)(b)1. Such application must be made either
 2342  when the license in another state or territory is active or
 2343  within 2 years after such license was last active. Electrical
 2344  contractors and alarm system contractors must complete a 2-hour
 2345  course on the Florida Building Code which includes information
 2346  on wind mitigation techniques. The required courses may be
 2347  completed online.
 2348         Section 83. Subsection (3) and paragraph (b) of subsection
 2349  (4) of section 489.517, Florida Statutes, are amended to read:
 2350         489.517 Renewal of certificate or registration; continuing
 2351  education.—
 2352         (3)(a) Each certificateholder or registrant licensed as a
 2353  specialty contractor or an alarm system contractor shall provide
 2354  proof, in a form established by rule of the board, that the
 2355  certificateholder or registrant has completed at least 7 14
 2356  classroom hours of at least 50 minutes each of continuing
 2357  education courses during each biennium since the issuance or
 2358  renewal of the certificate or registration. The board shall by
 2359  rule establish criteria for the approval of continuing education
 2360  courses and providers and may by rule establish criteria for
 2361  accepting alternative nonclassroom continuing education on an
 2362  hour-for-hour basis.
 2363         (b)Each certificateholder or registrant licensed as an
 2364  electrical contractor shall provide proof, in a form established
 2365  by rule of the board, that the certificateholder or registrant
 2366  has completed at least 11 classroom hours of at least 50 minutes
 2367  each of continuing education courses during each biennium since
 2368  the issuance or renewal of the certificate or registration. The
 2369  board shall by rule establish criteria for the approval of
 2370  continuing education courses and providers and may by rule
 2371  establish criteria for accepting alternative nonclassroom
 2372  continuing education on an hour-for-hour basis.
 2373         (4)
 2374         (b)1.For licensed specialty contractors or alarm system
 2375  contractors, of the 7 14 classroom hours of continuing education
 2376  required, at least 1 hour 7 hours must be on technical subjects,
 2377  1 hour on workers’ compensation, 1 hour on workplace safety, 1
 2378  hour on business practices, and for alarm system contractors and
 2379  electrical contractors engaged in alarm system contracting, 2
 2380  hours on false alarm prevention.
 2381         2.For licensed electrical contractors, of the minimum 11
 2382  classroom hours of continuing education required, at least 7
 2383  hours must be on technical subjects, 1 hour on workers’
 2384  compensation, 1 hour on workplace safety, and 1 hour on business
 2385  practices. Electrical contractors engaged in alarm system
 2386  contracting must also complete 2 hours on false alarm
 2387  prevention.
 2388         Section 84. Paragraph (b) of subsection (1) of section
 2389  489.518, Florida Statutes, is amended to read:
 2390         489.518 Alarm system agents.—
 2391         (1) A licensed electrical or alarm system contractor may
 2392  not employ a person to perform the duties of a burglar alarm
 2393  system agent unless the person:
 2394         (b) Has successfully completed a minimum of 14 hours of
 2395  training within 90 days after employment, to include basic alarm
 2396  system electronics in addition to related training including
 2397  CCTV and access control training, with at least 2 hours of
 2398  training in the prevention of false alarms. Such training shall
 2399  be from a board-approved provider, and the employee or applicant
 2400  for employment shall provide proof of successful completion to
 2401  the licensed employer. The board shall by rule establish
 2402  criteria for the approval of training courses and providers and
 2403  may by rule establish criteria for accepting alternative
 2404  nonclassroom education on an hour-for-hour basis. The board
 2405  shall approve providers that conduct training in other than the
 2406  English language. The board shall establish a fee for the
 2407  approval of training providers or courses, not to exceed $60.
 2408  Qualified employers may conduct training classes for their
 2409  employees, with board approval.
 2410         Section 85. Section 492.104, Florida Statutes, is amended
 2411  to read:
 2412         492.104 Rulemaking authority.—The Board of Professional
 2413  Geologists has authority to adopt rules pursuant to ss.
 2414  120.536(1) and 120.54 to implement this chapter. Every licensee
 2415  shall be governed and controlled by this chapter and the rules
 2416  adopted by the board. The board is authorized to set, by rule,
 2417  fees for application, examination, certificate of authorization,
 2418  late renewal, initial licensure, and license renewal. These fees
 2419  may should not exceed the cost of implementing the application,
 2420  examination, initial licensure, and license renewal or other
 2421  administrative process and shall be established as follows:
 2422         (1) The application fee shall not exceed $150 and shall be
 2423  nonrefundable.
 2424         (2) The examination fee shall not exceed $250, and the fee
 2425  may be apportioned to each part of a multipart examination. The
 2426  examination fee shall be refundable in whole or part if the
 2427  applicant is found to be ineligible to take any portion of the
 2428  licensure examination.
 2429         (3) The initial license fee shall not exceed $100.
 2430         (4) The biennial renewal fee shall not exceed $150.
 2431         (5)The fee for a certificate of authorization shall not
 2432  exceed $350 and the fee for renewal of the certificate shall not
 2433  exceed $350.
 2434         (5)(6) The fee for reactivation of an inactive license may
 2435  shall not exceed $50.
 2436         (6)(7) The fee for a provisional license may shall not
 2437  exceed $400.
 2438         (7)(8) The fee for application, examination, and licensure
 2439  for a license by endorsement is shall be as provided in this
 2440  section for licenses in general.
 2441         Section 86. Subsection (1) of section 492.108, Florida
 2442  Statutes, is amended to read:
 2443         492.108 Licensure by endorsement; requirements; fees.—
 2444         (1) The department shall issue a license by endorsement to
 2445  any applicant who, upon applying to the department and remitting
 2446  an application fee, has been certified by the board that he or
 2447  she:
 2448         (a) Has met the qualifications for licensure in s.
 2449  492.105(1)(b)-(e) and:.
 2450         1.(b) Is the holder of an active license in good standing
 2451  in a state, trust, territory, or possession of the United
 2452  States.
 2453         2.(c) Was licensed through written examination in at least
 2454  one state, trust, territory, or possession of the United States,
 2455  the examination requirements of which have been approved by the
 2456  board as substantially equivalent to or more stringent than
 2457  those of this state, and has received a score on such
 2458  examination which is equal to or greater than the score required
 2459  by this state for licensure by examination.
 2460         3.(d) Has taken and successfully passed the laws and rules
 2461  portion of the examination required for licensure as a
 2462  professional geologist in this state.
 2463         (b)Has held a valid license to practice geology in another
 2464  state, trust, territory, or possession of the United States for
 2465  at least 10 years before the date of application and has
 2466  successfully completed a state, regional, national, or other
 2467  examination that is equivalent to or more stringent than the
 2468  examination required by the department. If such applicant has
 2469  met the requirements for a license by endorsement except
 2470  successful completion of an examination that is equivalent to or
 2471  more stringent than the examination required by the board, such
 2472  applicant may take the examination required by the board. Such
 2473  application must be submitted to the board while the applicant
 2474  holds a valid license in another state or territory or within 2
 2475  years after the expiration of such license.
 2476         Section 87. Section 492.111, Florida Statutes, is amended
 2477  to read:
 2478         492.111 Practice of professional geology by a firm,
 2479  corporation, or partnership; certificate of authorization.—The
 2480  practice of, or offer to practice, professional geology by
 2481  individual professional geologists licensed under the provisions
 2482  of this chapter through a firm, corporation, or partnership
 2483  offering geological services to the public through individually
 2484  licensed professional geologists as agents, employees, officers,
 2485  or partners thereof is permitted subject to the provisions of
 2486  this chapter, if provided that:
 2487         (1) At all times that it offers geological services to the
 2488  public, the firm, corporation, or partnership is qualified by
 2489  has on file with the department the name and license number of
 2490  one or more individuals who hold a current, active license as a
 2491  professional geologist in the state and are serving as a
 2492  geologist of record for the firm, corporation, or partnership. A
 2493  geologist of record may be any principal officer or employee of
 2494  such firm or corporation, or any partner or employee of such
 2495  partnership, who holds a current, active license as a
 2496  professional geologist in this state, or any other Florida
 2497  licensed professional geologist with whom the firm, corporation,
 2498  or partnership has entered into a long-term, ongoing
 2499  relationship, as defined by rule of the board, to serve as one
 2500  of its geologists of record. It shall be the responsibility of
 2501  the firm, corporation, or partnership and The geologist of
 2502  record shall to notify the department of any changes in the
 2503  relationship or identity of that geologist of record within 30
 2504  days after such change.
 2505         (2)The firm, corporation, or partnership has been issued a
 2506  certificate of authorization by the department as provided in
 2507  this chapter. For purposes of this section, a certificate of
 2508  authorization shall be required of any firm, corporation,
 2509  partnership, association, or person practicing under a
 2510  fictitious name and offering geological services to the public;
 2511  except that, when an individual is practicing professional
 2512  geology in her or his own name, she or he shall not be required
 2513  to obtain a certificate of authorization under this section.
 2514  Such certificate of authorization shall be renewed every 2
 2515  years.
 2516         (2)(3) All final geological papers or documents involving
 2517  the practice of the profession of geology which have been
 2518  prepared or approved for the use of such firm, corporation, or
 2519  partnership, for delivery to any person for public record with
 2520  the state, shall be dated and bear the signature and seal of the
 2521  professional geologist or professional geologists who prepared
 2522  or approved them.
 2523         (3)(4) Except as provided in s. 558.0035, the fact that a
 2524  licensed professional geologist practices through a corporation
 2525  or partnership does not relieve the registrant from personal
 2526  liability for negligence, misconduct, or wrongful acts committed
 2527  by her or him. The partnership and all partners are jointly and
 2528  severally liable for the negligence, misconduct, or wrongful
 2529  acts committed by their agents, employees, or partners while
 2530  acting in a professional capacity. Any officer, agent, or
 2531  employee of a corporation is personally liable and accountable
 2532  only for negligent acts, wrongful acts, or misconduct committed
 2533  by her or him or committed by any person under her or his direct
 2534  supervision and control, while rendering professional services
 2535  on behalf of the corporation. The personal liability of a
 2536  shareholder of a corporation, in her or his capacity as
 2537  shareholder, may be no greater than that of a shareholder
 2538  employee of a corporation incorporated under chapter 607. The
 2539  corporation is liable up to the full value of its property for
 2540  any negligent acts, wrongful acts, or misconduct committed by
 2541  any of its officers, agents, or employees while they are engaged
 2542  on behalf of the corporation in the rendering of professional
 2543  services.
 2544         (5)The firm, corporation, or partnership desiring a
 2545  certificate of authorization shall file with the department an
 2546  application therefor, upon a form to be prescribed by the
 2547  department, accompanied by the required application fee.
 2548         (6)The department may refuse to issue a certificate of
 2549  authorization if any facts exist which would entitle the
 2550  department to suspend or revoke an existing certificate of
 2551  authorization or if the department, after giving persons
 2552  involved a full and fair hearing, determines that any of the
 2553  officers or directors of said firm or corporation, or partners
 2554  of said partnership, have violated the provisions of s. 492.113.
 2555         Section 88. Subsection (4) of section 492.113, Florida
 2556  Statutes, is amended to read:
 2557         492.113 Disciplinary proceedings.—
 2558         (4) The department shall reissue the license of a
 2559  disciplined professional geologist or business upon
 2560  certification by the board that the disciplined person has
 2561  complied with all of the terms and conditions set forth in the
 2562  final order.
 2563         Section 89. Section 492.115, Florida Statutes, is amended
 2564  to read:
 2565         492.115 Roster of licensed professional geologists.—A
 2566  roster showing the names and places of business or residence of
 2567  all licensed professional geologists and all properly qualified
 2568  firms, corporations, or partnerships practicing holding
 2569  certificates of authorization to practice professional geology
 2570  in the state shall be prepared annually by the department. A
 2571  copy of this roster must be made available to shall be
 2572  obtainable by each licensed professional geologist and each
 2573  firm, corporation, or partnership qualified by a professional
 2574  geologist holding a certificate of authorization, and copies
 2575  thereof shall be placed on file with the department.
 2576         Section 90. Section 509.102, Florida Statutes, is created
 2577  to read:
 2578         509.102Mobile food dispensing vehicles; preemption.—
 2579         (1)As used in this section, the term “mobile food
 2580  dispensing vehicle” means any vehicle that is a public food
 2581  service establishment and that is self-propelled or otherwise
 2582  movable from place to place and includes self-contained
 2583  utilities, including, but not limited to, gas, water,
 2584  electricity, or liquid waste disposal.
 2585         (2)Regulation of mobile food dispensing vehicles involving
 2586  licenses, registrations, permits, and fees is preempted to the
 2587  state. A municipality, county, or other local governmental
 2588  entity may not require a separate license, registration, or
 2589  permit other than the license required under s. 509.241, or
 2590  require the payment of any license, registration, or permit fee
 2591  other than the fee required under s. 509.251, as a condition for
 2592  the operation of a mobile food dispensing vehicle within the
 2593  entity’s jurisdiction. A municipality, county, or other local
 2594  governmental entity may not prohibit mobile food dispensing
 2595  vehicles from operating within the entirety of the entity’s
 2596  jurisdiction.
 2597         (3)This section may not be construed to affect a
 2598  municipality, county, or other local governmental entity’s
 2599  authority to regulate the operation of mobile food dispensing
 2600  vehicles other than the regulations described in subsection (2).
 2601         Section 91. Paragraph (i) of subsection (2) of section
 2602  548.003, Florida Statutes, is amended to read:
 2603         548.003 Florida State Boxing Commission.—
 2604         (2) The Florida State Boxing Commission, as created by
 2605  subsection (1), shall administer the provisions of this chapter.
 2606  The commission has authority to adopt rules pursuant to ss.
 2607  120.536(1) and 120.54 to implement the provisions of this
 2608  chapter and to implement each of the duties and responsibilities
 2609  conferred upon the commission, including, but not limited to:
 2610         (i)Designation and duties of a knockdown timekeeper.
 2611         Section 92. Subsection (1) of section 548.017, Florida
 2612  Statutes, is amended to read:
 2613         548.017 Participants, managers, and other persons required
 2614  to have licenses.—
 2615         (1) A participant, manager, trainer, second, timekeeper,
 2616  referee, judge, announcer, physician, matchmaker, or promoter
 2617  must be licensed before directly or indirectly acting in such
 2618  capacity in connection with any match involving a participant. A
 2619  physician approved by the commission must be licensed pursuant
 2620  to chapter 458 or chapter 459, must maintain an unencumbered
 2621  license in good standing, and must demonstrate satisfactory
 2622  medical training or experience in boxing, or a combination of
 2623  both, to the executive director before working as the ringside
 2624  physician.
 2625         Section 93. Paragraph (d) of subsection (1) of section
 2626  553.5141, Florida Statutes, is amended to read:
 2627         553.5141 Certifications of conformity and remediation
 2628  plans.—
 2629         (1) For purposes of this section:
 2630         (d) “Qualified expert” means:
 2631         1. An engineer licensed pursuant to chapter 471.
 2632         2. A certified general contractor licensed pursuant to
 2633  chapter 489.
 2634         3. A certified building contractor licensed pursuant to
 2635  chapter 489.
 2636         4. A building code administrator licensed pursuant to
 2637  chapter 468.
 2638         5. A building inspector licensed pursuant to chapter 468.
 2639         6. A plans examiner licensed pursuant to chapter 468.
 2640         7. An interior designer registered licensed pursuant to
 2641  chapter 481.
 2642         8. An architect licensed pursuant to chapter 481.
 2643         9. A landscape architect licensed pursuant to chapter 481.
 2644         10. Any person who has prepared a remediation plan related
 2645  to a claim under Title III of the Americans with Disabilities
 2646  Act, 42 U.S.C. s. 12182, that has been accepted by a federal
 2647  court in a settlement agreement or court proceeding, or who has
 2648  been qualified as an expert in Title III of the Americans with
 2649  Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
 2650         Section 94. Effective January 1, 2021, subsection (1) of
 2651  section 553.74, Florida Statutes, is amended to read:
 2652         553.74 Florida Building Commission.—
 2653         (1) The Florida Building Commission is created and located
 2654  within the Department of Business and Professional Regulation
 2655  for administrative purposes. Members are appointed by the
 2656  Governor subject to confirmation by the Senate. The commission
 2657  is composed of 19 27 members, consisting of the following
 2658  members:
 2659         (a) One architect licensed pursuant to chapter 481 with at
 2660  least 5 years of experience in the design and construction of
 2661  buildings designated for Group E or Group I occupancies by the
 2662  Florida Building Code registered to practice in this state and
 2663  actively engaged in the profession. The American Institute of
 2664  Architects, Florida Section, is encouraged to recommend a list
 2665  of candidates for consideration.
 2666         (b) One structural engineer registered to practice in this
 2667  state and actively engaged in the profession. The Florida
 2668  Engineering Society is encouraged to recommend a list of
 2669  candidates for consideration.
 2670         (c) One air-conditioning contractor, or mechanical
 2671  contractor, or mechanical engineer certified to do business in
 2672  this state and actively engaged in the profession. The Florida
 2673  Air Conditioning Contractors Association, the Florida
 2674  Refrigeration and Air Conditioning Contractors Association, and
 2675  the Mechanical Contractors Association of Florida, and the
 2676  Florida Engineering Society are encouraged to recommend a list
 2677  of candidates for consideration.
 2678         (d) One electrical contractor or electrical engineer
 2679  certified to do business in this state and actively engaged in
 2680  the profession. The Florida Association of Electrical
 2681  Contractors, and the National Electrical Contractors
 2682  Association, Florida Chapter, and the Florida Engineering
 2683  Society are encouraged to recommend a list of candidates for
 2684  consideration.
 2685         (e)One member from fire protection engineering or
 2686  technology who is actively engaged in the profession. The
 2687  Florida Chapter of the Society of Fire Protection Engineers and
 2688  the Florida Fire Marshals and Inspectors Association are
 2689  encouraged to recommend a list of candidates for consideration.
 2690         (e)(f) One certified general contractor or one certified
 2691  building contractor certified to do business in this state and
 2692  actively engaged in the profession. The Associated Builders and
 2693  Contractors of Florida, the Florida Associated General
 2694  Contractors Council, the Florida Home Builders Association, and
 2695  the Union Contractors Association are encouraged to recommend a
 2696  list of candidates for consideration.
 2697         (f)(g) One plumbing contractor licensed to do business in
 2698  this state and actively engaged in the profession. The Florida
 2699  Association of Plumbing, Heating, and Cooling Contractors is
 2700  encouraged to recommend a list of candidates for consideration.
 2701         (g)(h) One roofing or sheet metal contractor certified to
 2702  do business in this state and actively engaged in the
 2703  profession. The Florida Roofing, Sheet Metal, and Air
 2704  Conditioning Contractors Association and the Sheet Metal and Air
 2705  Conditioning Contractors’ National Association are encouraged to
 2706  recommend a list of candidates for consideration.
 2707         (h)(i) One certified residential contractor licensed to do
 2708  business in this state and actively engaged in the profession.
 2709  The Florida Home Builders Association is encouraged to recommend
 2710  a list of candidates for consideration.
 2711         (i)(j) Three members who are municipal, county, or district
 2712  codes enforcement officials, one of whom is also a fire
 2713  official. The Building Officials Association of Florida and the
 2714  Florida Fire Marshals and Inspectors Association are encouraged
 2715  to recommend a list of candidates for consideration.
 2716         (k)One member who represents the Department of Financial
 2717  Services.
 2718         (l)One member who is a county codes enforcement official.
 2719  The Building Officials Association of Florida is encouraged to
 2720  recommend a list of candidates for consideration.
 2721         (j)(m) One member of a Florida-based organization of
 2722  persons with disabilities or a nationally chartered organization
 2723  of persons with disabilities with chapters in this state which
 2724  complies with or is certified to be compliant with the
 2725  requirements of the Americans with Disabilities Act of 1990, as
 2726  amended.
 2727         (k)(n) One member of the manufactured buildings industry
 2728  who is licensed to do business in this state and is actively
 2729  engaged in the industry. The Florida Manufactured Housing
 2730  Association is encouraged to recommend a list of candidates for
 2731  consideration.
 2732         (o)One mechanical or electrical engineer registered to
 2733  practice in this state and actively engaged in the profession.
 2734  The Florida Engineering Society is encouraged to recommend a
 2735  list of candidates for consideration.
 2736         (p)One member who is a representative of a municipality or
 2737  a charter county. The Florida League of Cities and the Florida
 2738  Association of Counties are encouraged to recommend a list of
 2739  candidates for consideration.
 2740         (l)(q) One member of the building products manufacturing
 2741  industry who is authorized to do business in this state and is
 2742  actively engaged in the industry. The Florida Building Material
 2743  Association, the Florida Concrete and Products Association, and
 2744  the Fenestration Manufacturers Association are encouraged to
 2745  recommend a list of candidates for consideration.
 2746         (m)(r) One member who is a representative of the building
 2747  owners and managers industry who is actively engaged in
 2748  commercial building ownership or management. The Building Owners
 2749  and Managers Association is encouraged to recommend a list of
 2750  candidates for consideration.
 2751         (n)(s) One member who is a representative of the insurance
 2752  industry. The Florida Insurance Council is encouraged to
 2753  recommend a list of candidates for consideration.
 2754         (t)One member who is a representative of public education.
 2755         (o)(u) One member who is a swimming pool contractor
 2756  licensed to do business in this state and actively engaged in
 2757  the profession. The Florida Swimming Pool Association and the
 2758  United Pool and Spa Association are encouraged to recommend a
 2759  list of candidates for consideration.
 2760         (p)(v) One member who is a representative of the green
 2761  building industry and who is a third-party commission agent, a
 2762  Florida board member of the United States Green Building Council
 2763  or Green Building Initiative, a professional who is accredited
 2764  under the International Green Construction Code (IGCC), or a
 2765  professional who is accredited under Leadership in Energy and
 2766  Environmental Design (LEED).
 2767         (q)(w) One member who is a representative of a natural gas
 2768  distribution system and who is actively engaged in the
 2769  distribution of natural gas in this state. The Florida Natural
 2770  Gas Association is encouraged to recommend a list of candidates
 2771  for consideration.
 2772         (x)One member who is a representative of the Department of
 2773  Agriculture and Consumer Services’ Office of Energy. The
 2774  Commissioner of Agriculture is encouraged to recommend a list of
 2775  candidates for consideration.
 2776         (y)One member who shall be the chair.
 2777         Section 95. Subsections (5) and (6) are added to section
 2778  823.15, Florida Statutes, to read:
 2779         823.15 Dogs and cats released from animal shelters or
 2780  animal control agencies; sterilization requirement.—
 2781         (5)Employees, agents, or contractors of a public or
 2782  private animal shelter, a humane organization, or an animal
 2783  control agency operated by a humane organization or by a county,
 2784  municipality, or other incorporated political subdivision may
 2785  implant dogs and cats with radio frequency identification
 2786  microchips as part of their work with such public or private
 2787  animal shelter, humane organization, or animal control agency.
 2788         (6)Notwithstanding s. 474.2165, employees, agents, or
 2789  contractors of a public or private animal shelter, a humane
 2790  organization, or an animal control agency operated by a humane
 2791  organization or by a county, municipality, or other incorporated
 2792  political subdivision may contact the owner of record listed on
 2793  a radio frequency identification microchip to verify pet
 2794  ownership.
 2795         Section 96. Subsection (7) of section 558.002, Florida
 2796  Statutes, is amended to read:
 2797         558.002 Definitions.—As used in this chapter, the term:
 2798         (7) “Design professional” means a person, as defined in s.
 2799  1.01, who is licensed in this state as an architect, interior
 2800  designer, a landscape architect, an engineer, a surveyor, or a
 2801  geologist or who is a registered interior designer, as defined
 2802  in s. 481.203.
 2803         Section 97. Subsection (3) of section 559.25, Florida
 2804  Statutes, is amended to read:
 2805         559.25 Exemptions.—The provisions of this part shall not
 2806  apply to or affect the following persons:
 2807         (3)Duly licensed auctioneers, selling at auction.
 2808         Section 98. Paragraphs (h) and (k) of subsection (2) of
 2809  section 287.055, Florida Statutes, are amended to read:
 2810         287.055 Acquisition of professional architectural,
 2811  engineering, landscape architectural, or surveying and mapping
 2812  services; definitions; procedures; contingent fees prohibited;
 2813  penalties.—
 2814         (2) DEFINITIONS.—For purposes of this section:
 2815         (h) A “design-build firm” means a partnership, corporation,
 2816  or other legal entity that:
 2817         1. Is certified under s. 489.119 to engage in contracting
 2818  through a certified or registered general contractor or a
 2819  certified or registered building contractor as the qualifying
 2820  agent; or
 2821         2. Is qualified certified under s. 471.023 to practice or
 2822  to offer to practice engineering; qualified certified under s.
 2823  481.219 to practice or to offer to practice architecture; or
 2824  qualified certified under s. 481.319 to practice or to offer to
 2825  practice landscape architecture.
 2826         (k) A “design criteria professional” means a firm that is
 2827  qualified who holds a current certificate of registration under
 2828  chapter 481 to practice architecture or landscape architecture
 2829  or a firm who holds a current certificate as a registered
 2830  engineer under chapter 471 to practice engineering and who is
 2831  employed by or under contract to the agency for the providing of
 2832  professional architect services, landscape architect services,
 2833  or engineering services in connection with the preparation of
 2834  the design criteria package.
 2835         Section 99. Except as otherwise expressly provided in this
 2836  act, this act shall take effect July 1, 2020.