Florida Senate - 2025                                    SB 1452
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00400A-25                                          20251452__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Business and
    3         Professional Regulation; repealing ss. 468.399,
    4         468.521, 468.523, 476.054, 477.015, 481.2131,
    5         481.2251, 481.305, 492.103, 499.01211, and 713.79,
    6         F.S., relating to expenditure of excess funds; the
    7         Board of Employee Leasing Companies, membership,
    8         appointments, and terms; rules of the board; the
    9         Barbers’ Board; the Board of Cosmetology; interior
   10         design, practice requirements, disclosure of
   11         compensation for professional services; disciplinary
   12         proceedings against registered interior designers; the
   13         Board of Landscape Architecture; the Board of
   14         Professional Geologists; the Drug Wholesale
   15         Distributor Advisory Council; and liens for interior
   16         design services, respectively; amending s. 20.165,
   17         F.S.; renaming, deleting, and redesignating specified
   18         boards, commissions, and councils established under
   19         the Division of Professions within the department;
   20         conforming provisions to changes made by the act;
   21         amending s. 339.035, F.S.; revising the requirements
   22         for accessibility of elevators for the physically
   23         handicapped; amending s. 448.095, F.S.; providing that
   24         the department may request copies of certain
   25         documentation relied upon by employers to verify an
   26         employee’s employment eligibility; requiring the
   27         department to notify the Department of Commerce and
   28         the Department of Law Enforcement of any violations
   29         within a specified timeframe; reenacting and amending
   30         s. 455.02, F.S.; specifying that certain license
   31         application requirements apply only to certain
   32         professions; amending s. 455.2124, F.S.; revising
   33         applicability regarding continuing education; amending
   34         s. 455.213, F.S.; deleting a requirement that the
   35         board regulating a cosmetologist or cosmetology
   36         specialist review an applicant’s criminal record;
   37         requiring specified persons or entities to create and
   38         maintain an account with the Department of Business
   39         and Professional Regulation’s online system; requiring
   40         such persons or entities to provide specified
   41         information on the department’s online system;
   42         requiring such persons to use forms furnished by the
   43         department’s online system; prohibiting the department
   44         from processing an application not submitted through
   45         its online system; amending ss. 468.382 and 476.034,
   46         F.S.; deleting the definition of the term “board”;
   47         reordering and amending ss. 468.520, 477.013, and
   48         492.102, F.S.; deleting definitions; amending s.
   49         471.015, F.S.; revising who the board must certify as
   50         qualified for a license by endorsement for the
   51         practice of engineering; amending s. 473.3065, F.S.;
   52         renaming the Certified Public Accountant Education
   53         Minority Assistance Advisory Council as the Certified
   54         Public Accountant Education Opportunity Assistance
   55         Advisory Council; revising the purpose of the Clay
   56         Ford Scholarship Program; revising eligibility
   57         criteria for receipt of the scholarship; revising the
   58         criteria for sitting on and filling a vacancy on the
   59         council; amending s. 476.064, F.S.; conforming
   60         provisions to changes made by the act; amending s.
   61         476.184, F.S.; requiring the department to adopt
   62         rules; requiring a mobile barbershop to comply with
   63         all licensure and operating requirements that apply to
   64         a barbershop at a fixed location; providing an
   65         exception; requiring a mobile barbershop to have a
   66         permanent business address in a specified location;
   67         requiring that certain records be kept at the
   68         permanent business address; requiring a mobile
   69         barbershop licenseholder to file with the department a
   70         written monthly itinerary that provides certain
   71         information; requiring that a licenseholder comply
   72         with certain laws and ordinances; amending s. 476.188,
   73         F.S.; providing that a barbershop must be licensed
   74         with the department, rather than registered;
   75         authorizing the practice of barbering to be performed
   76         in a location other than a licensed barbershop under
   77         certain circumstances; conforming provisions to
   78         changes made by the act; amending ss. 477.019 and
   79         477.0201, F.S.; requiring an initial applicant for
   80         certain cosmetology licenses to submit a complete set
   81         of fingerprints to the Department of Law Enforcement
   82         for state processing of a background check; requiring
   83         the department to forward such fingerprints to the
   84         Federal Bureau of Investigation for national
   85         processing of a background screening; requiring the
   86         Department of Business and Professional Regulation to
   87         review the results of such background screenings
   88         before issuing a license; providing that the costs for
   89         such background screenings be borne by the applicant;
   90         requiring the authorized agencies or vendors to pay
   91         the processing costs to the Department of Law
   92         Enforcement; conforming cross-references; conforming
   93         provisions to changes made by the act; renaming ch.
   94         481, F.S., as “Architecture and Landscape
   95         Architecture”; renaming part I of ch. 481, F.S., as
   96         “Architecture”; amending s. 481.203, F.S.; revising
   97         and deleting terms; amending s. 481.205, F.S.;
   98         renaming the Board of Architecture and Interior Design
   99         as the Board of Architecture and Landscape
  100         Architecture; revising the number of members on the
  101         board; revising the criteria to sit on the board;
  102         conforming provisions to changes made by the act;
  103         making technical changes; amending s. 481.207, F.S.;
  104         deleting the fees regarding registered interior
  105         designers; amending s. 481.209, F.S.; deleting
  106         examination requirements for persons seeking to obtain
  107         a certificate and seal of registration as a registered
  108         interior designer; amending s. 481.213, F.S.; deleting
  109         a provision that licensure as an architect is deemed
  110         to include all the rights and privileges of
  111         registration as an interior designer; deleting a
  112         requirement that the board certify registration by
  113         endorsement of an interior designer who meets certain
  114         criteria; revising who the board shall certify as
  115         qualified for a license by endorsement in the practice
  116         of architecture; conforming a cross-reference;
  117         deleting a provision that a certificate of
  118         registration is not required for a person providing
  119         interior decorator or interior design services;
  120         amending s. 481.215, F.S.; conforming provisions to
  121         changes made by the act; amending s. 481.217, F.S.;
  122         deleting certain continuing education requirements for
  123         inactive interior designers; amending s. 481.219,
  124         F.S.; deleting a provision that an interior designer
  125         who signs and seals the interior design drawings,
  126         plans, or specifications for a project is liable for
  127         the professional services performed; revising
  128         construction; amending s. 481.221, F.S.; deleting a
  129         requirement that the board adopt rules; deleting a
  130         requirement that a registered interior designer obtain
  131         a seal as prescribed by the board for filing public
  132         records; deleting a requirement that such filings bear
  133         the interior designer’s seal and signature; deleting
  134         the provision that such seal and signature bear
  135         evidence of the authenticity of that to which they are
  136         affixed; deleting a provision that certain documents
  137         may be transmitted and signed and sealed
  138         electronically; deleting a prohibition against a
  139         registered interior designer affixing his or her seal
  140         or signature to work that he or she is not competent
  141         or registered to perform; deleting a prohibition
  142         against a registered interior designer affixing his or
  143         her signature or seal to certain documents that were
  144         not prepared by him or her; deleting a requirement
  145         that certain documents prepared by a registered
  146         interior designer be of a sufficiently high standard;
  147         conforming provisions to changes made by the act;
  148         amending s. 481.222, F.S.; conforming provisions to
  149         changes made by the act; amending s. 481.223, F.S.;
  150         deleting prohibitions against any person using the
  151         title “registered interior designer” or attempting to
  152         use an interior design certificate of registration
  153         when he or she is not a holder of such certificate of
  154         registration or when such certificate has been
  155         suspended, revoked, or placed on inactive or
  156         delinquent status; amending s. 481.229, F.S.; deleting
  157         exceptions and exemptions from licensure; reenacting
  158         and amending s. 481.231, F.S.; deleting a provision
  159         that part I of ch. 481, F.S., does not repeal, amend,
  160         limit, or otherwise affect specific provisions with
  161         respect to registered interior designers; amending s.
  162         481.303, F.S.; revising the definition of the term
  163         “board”; amending s. 489.107, F.S.; revising the
  164         quorum requirements of the Construction Industry
  165         Licensing Board; making a technical change; amending
  166         s. 489.111, F.S.; deleting a requirement that the
  167         department ensure a sensitivity review committee is
  168         established; reenacting and amending s. 499.012, F.S.;
  169         deleting permit application requirements for a
  170         prescription drug wholesale distributor to include a
  171         designated representative; amending s. 499.0121, F.S.;
  172         deleting a designated representative as a responsible
  173         person who must be listed by a wholesale distributor;
  174         amending s. 499.041, F.S.; deleting a requirement that
  175         the department assess each person applying for
  176         certification as a designated representative a fee,
  177         plus the cost of processing a criminal history record
  178         check; amending s. 509.098, F.S.; prohibiting an
  179         operator of a public lodging establishment from
  180         offering, charging, or discounting or rebating a room
  181         at an hourly rate; amending s. 509.261, F.S.;
  182         prohibiting a lodging establishment or a public food
  183         service establishment from selling hemp in violation
  184         of the state hemp program; amending s. 553.73, F.S.;
  185         making technical changes; reordering and amending s.
  186         569.002, F.S; making technical changes; amending s.
  187         569.006, F.S.; revising the violations for which
  188         retail tobacco products dealers are penalized;
  189         amending s. 581.217, F.S.; defining the term
  190         “division”; authorizing the Division of Alcoholic
  191         Beverages and Tobacco to assist any agent of the
  192         Department of Agriculture and Consumer Services in
  193         enforcing the state hemp program; authorizing the
  194         division to enter any public or private premises
  195         during a specified timeframe in the performance of its
  196         duties; amending s. 713.03, F.S.; deleting interior
  197         designers as professionals who may place a lien on
  198         real property for money owed them for services
  199         rendered; amending ss. 326.002, 326.006, 468.384,
  200         468.385, 468.3852, 468.3855, 468.386, 468.387,
  201         468.388, 468.389, 468.392, 468.393, 468.395, 468.396,
  202         468.397, 468.398, 468.522, 468.524, 468.5245, 468.525,
  203         468.526, 468.527, 468.5275, 468.529, 468.530, 468.531,
  204         468.532, 476.074, 476.114, 476.134, 476.144, 476.154,
  205         476.155, 476.192, 476.204, 476.214, 476.234, 477.016,
  206         477.018, 477.0212, 477.022, 477.025, 477.026,
  207         477.0263, 477.028, 477.029, 492.104, 492.105, 492.106,
  208         492.107, 492.108, 492.1101, 492.111, 492.113, and
  209         558.002, F.S.; conforming provisions to changes made
  210         by the act; making technical changes; deleting
  211         obsolete language; amending ss. 125.01, 125.56,
  212         212.08, 440.02, 477.0135, 448.26, 489.103, 553.775,
  213         553.79, 553.844, 569.34, 569.35, 604.50, and 627.192,
  214         F.S.; conforming cross-references; making technical
  215         changes; reenacting ss. 120.54(3)(c), 120.74(2)(b) and
  216         (3)(a), 468.4315(3), and 468.523, F.S., relating to
  217         rulemaking; agency annual rulemaking and regulatory
  218         plans, reports; the Regulatory Council of Community
  219         Association Managers; and applicability of s. 20.165
  220         and ch. 455, F.S., respectively, to incorporate the
  221         amendment made to s. 20.165, F.S., in references
  222         thereto; reenacting s. 448.09(2), F.S., relating to
  223         prohibited employment of unauthorized aliens, to
  224         incorporate the amendment made to s. 448.095, F.S., in
  225         a reference thereto; reenacting s. 287.055(2)(h),
  226         F.S., relating to definitions, to incorporate the
  227         amendment made to s. 481.219, F.S., in a reference
  228         thereto; reenacting s. 481.225(1)(a), F.S., relating
  229         to disciplinary proceedings against registered
  230         architects, to incorporate the amendment made to ss.
  231         481.221 and 481.223, F.S., in references thereto;
  232         reenacting s. 1013.45(4), F.S., relating to
  233         educational facilities contracting and construction
  234         techniques for school districts and Florida College
  235         System institutions, to incorporate the amendment made
  236         to s. 481.229, F.S., in a reference thereto;
  237         reenacting s. 499.067(1)(b), F.S., relating to denial,
  238         suspension, or revocation of a permit, certification,
  239         or registration, to incorporate the amendment made to
  240         s. 499.012, F.S., in references thereto; reenacting
  241         ss. 458.3265(3)(f), 459.0137(3)(f), and 499.01(2)(a),
  242         (c), (h), (j)-(m), and (q), F.S., relating to pain
  243         management clinics, pain-management clinics, and
  244         permits, respectively, to incorporate the amendment
  245         made to s. 499.0121, F.S., in references thereto;
  246         reenacting s. 499.015(1)(a), F.S., relating to
  247         registration of drugs and devices and issuance of
  248         certificates of free sale, to incorporate the
  249         amendment made to s. 499.041, F.S., in a reference
  250         thereto; reenacting ss. 713.01(19) and 713.02(1),
  251         F.S., relating to definitions and types of lienors and
  252         exemptions, respectively, to incorporate the amendment
  253         made to s. 713.03, F.S., in references thereto;
  254         providing an effective date.
  255          
  256  Be It Enacted by the Legislature of the State of Florida:
  257  
  258         Section 1. Section 468.399, Florida Statutes, is repealed.
  259         Section 2. Section 468.521, Florida Statutes, is repealed.
  260         Section 3. Section 468.523, Florida Statutes, is repealed.
  261         Section 4. Section 476.054, Florida Statutes, is repealed.
  262         Section 5. Section 477.015, Florida Statutes, is repealed.
  263         Section 6. Section 481.2131, Florida Statutes, is repealed.
  264         Section 7. Section 481.2251, Florida Statutes, is repealed.
  265         Section 8. Section 481.305, Florida Statutes, is repealed.
  266         Section 9. Section 492.103, Florida Statutes, is repealed.
  267         Section 10. Section 499.01211, Florida Statutes, is
  268  repealed.
  269         Section 11. Section 713.79, Florida Statutes, is repealed.
  270         Section 12. Paragraph (a) of subsection (4), subsections
  271  (5), (6), and (7), and paragraph (b) of subsection (9) of
  272  section 20.165, Florida Statutes, are amended to read:
  273         20.165 Department of Business and Professional Regulation.
  274  There is created a Department of Business and Professional
  275  Regulation.
  276         (4)(a) The following boards, and programs, commissions, and
  277  councils are established within the Division of Professions:
  278         1. The Board of Architecture and Landscape Architecture
  279  Interior Design, created under parts part I and II of chapter
  280  481.
  281         2. The auctioneers licensing program Florida Board of
  282  Auctioneers, created under part VI of chapter 468.
  283         3. The barbers licensing program Barbers’ Board, created
  284  under chapter 476.
  285         4. The Florida Building Code Administrators and Inspectors
  286  Board, created under part XII of chapter 468.
  287         5. The Construction Industry Licensing Board, created under
  288  part I of chapter 489.
  289         6. The cosmetology licensing program Board of Cosmetology,
  290  created under chapter 477.
  291         7. The Electrical Contractors’ Licensing Board, created
  292  under part II of chapter 489.
  293         8. The employee leasing companies licensing program Board
  294  of Employee Leasing Companies, created under part XI of chapter
  295  468.
  296         9. Board of Landscape Architecture, created under part II
  297  of chapter 481.
  298         10.The Board of Pilot Commissioners, created under chapter
  299  310.
  300         10.11.The Board of Professional Engineers, created under
  301  chapter 471.
  302         11.12.The Board of professional geologists licensing
  303  program, created under chapter 492.
  304         12.13.The Board of Veterinary Medicine, created under
  305  chapter 474.
  306         13.14.The home inspection services licensing program,
  307  created under part XV of chapter 468.
  308         14.15.The mold-related services licensing program, created
  309  under part XVI of chapter 468.
  310         15. The talent agency licensing program, created under part
  311  VII of chapter 468.
  312         16. The Florida Building Commission, created under chapter
  313  553.
  314         17. The Regulatory Council of Community Association
  315  Managers, created under part VIII of chapter 468.
  316         18. The yacht and ship brokers licensing program, created
  317  under chapter 326.
  318         (5) The members of each board or commission established
  319  pursuant to subsection (4) shall be appointed by the Governor,
  320  subject to confirmation by the Senate. Consumer members on the
  321  board or commission shall be appointed pursuant to subsection
  322  (6). Members shall be appointed for 4-year terms, and such terms
  323  shall expire on October 31. However, a term of less than 4 years
  324  may be utilized to ensure that:
  325         (a) No more than two members’ terms expire during the same
  326  calendar year for boards or commissions consisting of seven or
  327  eight members.
  328         (b) No more than 3 members’ terms expire during the same
  329  calendar year for boards or commissions consisting of 9 to 12
  330  members.
  331         (c) No more than 5 members’ terms expire during the same
  332  calendar year for boards or commissions consisting of 13 or more
  333  members.
  334  
  335  A member whose term has expired shall continue to serve on the
  336  board or commission until such time as a replacement is
  337  appointed. A vacancy on the board or commission shall be filled
  338  for the unexpired portion of the term in the same manner as the
  339  original appointment. No member may serve for more than the
  340  remaining portion of a previous member’s unexpired term, plus
  341  two consecutive 4-year terms of the member’s own appointment
  342  thereafter.
  343         (6) Each board or commission with five or more members
  344  shall have at least two consumer members who are not, and have
  345  never been, members or practitioners of the profession regulated
  346  by such board or commission or of any closely related
  347  profession. Each board or commission with fewer than five
  348  members shall have at least one consumer member who is not, and
  349  has never been, a member or practitioner of the profession
  350  regulated by such board or commission or of any closely related
  351  profession.
  352         (7) No board or commission, with the exception of joint
  353  coordinatorships, shall be transferred from its present location
  354  unless authorized by the Legislature in the General
  355  Appropriations Act.
  356         (9)
  357         (b) Each employee serving as a law enforcement officer for
  358  the division must meet the qualifications for employment or
  359  appointment as a law enforcement officer set forth under s.
  360  943.13 and must be certified as a law enforcement officer by the
  361  Department of Law Enforcement under chapter 943. Upon
  362  certification, each law enforcement officer is subject to and
  363  has the same authority as provided for law enforcement officers
  364  generally in chapter 901 and has statewide jurisdiction. Each
  365  officer also has arrest authority as provided for state law
  366  enforcement officers in s. 901.15. Each officer possesses the
  367  full law enforcement powers granted to other peace officers of
  368  this state, including the authority to make arrests, carry
  369  firearms, serve court process, and seize contraband and the
  370  proceeds of illegal activities.
  371         1. The primary responsibility of each officer appointed
  372  under this section is to investigate, enforce, and prosecute,
  373  throughout this the state, violations and violators of parts I
  374  and II of chapter 210, chapter 310, chapter 326, parts I and III
  375  of chapter 450, chapter 455, parts VI-IX, XI, XII, XV, and XVI
  376  of chapter 468, chapter 469, chapter 471, chapters 473-477,
  377  chapter 481, parts I and II of chapter 489, chapter 499, chapter
  378  509, chapter 548, chapter 553, part VII of chapter 559, and
  379  chapters 561-569, chapters 718-719, chapter 721, and chapter 723
  380  and the rules adopted thereunder, as well as other state laws
  381  that the division, all state law enforcement officers, or
  382  beverage enforcement agents are specifically authorized to
  383  enforce.
  384         2. The secondary responsibility of each officer appointed
  385  under this section is to enforce all other state laws, provided
  386  that the enforcement is incidental to exercising the officer’s
  387  primary responsibility as provided in subparagraph 1., and the
  388  officer exercises the powers of a deputy sheriff, only after
  389  consultation or coordination with the appropriate local
  390  sheriff’s office or municipal police department or when the
  391  division participates in the Florida Mutual Aid Plan during a
  392  declared state emergency.
  393         Section 13. Subsection (2) of section 399.035, Florida
  394  Statutes, is amended to read:
  395         399.035 Elevator accessibility requirements for the
  396  physically handicapped.—
  397         (2) Any building that is more than three stories high or in
  398  which the vertical distance between the bottom terminal landing
  399  and the top terminal landing exceeds 25 feet must be constructed
  400  to contain at least one passenger elevator that is operational
  401  and will accommodate an ambulance stretcher size specified in
  402  the edition of the Florida Building Code that was in effect at
  403  the time of receipt of an application for construction permit
  404  for the elevator 76 inches long and 24 inches wide in the
  405  horizontal position.
  406         Section 14. Paragraph (a) of subsection (3) of section
  407  448.095, Florida Statutes, is amended, and paragraph (c) is
  408  added to that subsection, to read:
  409         448.095 Employment eligibility.—
  410         (3) ENFORCEMENT.—
  411         (a) For the purpose of enforcement of this section, any of
  412  the following persons or entities may request, and an employer
  413  must provide, copies of any documentation relied upon by the
  414  employer for the verification of a new employee’s employment
  415  eligibility:
  416         1. The Department of Law Enforcement;
  417         2. The Attorney General;
  418         3. The state attorney in the circuit in which the new
  419  employee works;
  420         4. The statewide prosecutor; or
  421         5. The Department of Commerce; or
  422         6. The Department of Business and Professional Regulation.
  423         (c) If the Department of Business and Professional
  424  Regulation determines an employer violated subsection (2) or s.
  425  448.09, it must notify the Department of Commerce and the
  426  Department of Law Enforcement within 30 days after making such
  427  determination.
  428         Section 15. Paragraph (a) of subsection (3) of section
  429  455.02, Florida Statutes, is amended, and subsections (1) and
  430  (2) of that section are reenacted, to read:
  431         455.02 Licensure of members of the Armed Forces in good
  432  standing and their spouses or surviving spouses with
  433  administrative boards or programs.—
  434         (1) Any member of the United States Armed Forces now or
  435  hereafter on active duty who, at the time of becoming such a
  436  member, was in good standing with any of the boards or programs
  437  listed in s. 20.165 and was entitled to practice or engage in
  438  his or her profession or occupation in the state shall be kept
  439  in good standing by the applicable board or program, without
  440  registering, paying dues or fees, or performing any other act on
  441  his or her part to be performed, as long as he or she is a
  442  member of the United States Armed Forces on active duty and for
  443  a period of 2 years after discharge from active duty. A member,
  444  during active duty and for a period of 2 years after discharge
  445  from active duty, engaged in his or her licensed profession or
  446  occupation in the private sector for profit in this state must
  447  complete all license renewal provisions except remitting the
  448  license renewal fee, which shall be waived by the department.
  449         (2) A spouse of a member of the United States Armed Forces
  450  who is married to a member during a period of active duty, or a
  451  surviving spouse of a member who at the time of death was
  452  serving on active duty, who is in good standing with any of the
  453  boards or programs listed in s. 20.165 shall be kept in good
  454  standing by the applicable board or program as described in
  455  subsection (1) and shall be exempt from licensure renewal
  456  provisions, but only in cases of his or her absence from the
  457  state because of his or her spouse’s duties with the United
  458  States Armed Forces. The department or the appropriate board or
  459  program shall waive any license renewal fee for such spouse when
  460  he or she is present in this state because of such member’s
  461  active duty and for a surviving spouse of a member who at the
  462  time of death was serving on active duty and died within the 2
  463  years preceding the date of renewal.
  464         (3)(a) The department shall issue a professional license to
  465  an applicant who is or was an active duty member of the Armed
  466  Forces of the United States, or who is a spouse or surviving
  467  spouse of such member, upon application to the department in a
  468  format prescribed by the department. An application must include
  469  proof that:
  470         1. The applicant is or was an active duty member of the
  471  Armed Forces of the United States or is married to a member of
  472  the Armed Forces of the United States and was married to the
  473  member during any period of active duty or was married to such a
  474  member who at the time of the member’s death was serving on
  475  active duty. An applicant who was an active duty member of the
  476  Armed Forces of the United States must have received an
  477  honorable discharge upon separation or discharge from the Armed
  478  Forces of the United States.
  479         2. The applicant holds a valid license for the profession
  480  issued by another state, the District of Columbia, any
  481  possession or territory of the United States, or any foreign
  482  jurisdiction.
  483         3. The applicant, where required by the specific practice
  484  act, has complied with insurance or bonding requirements.
  485         4.a. A complete set of the applicant’s fingerprints is
  486  submitted to the Department of Law Enforcement for a statewide
  487  criminal history check for those professions that require
  488  fingerprints for initial licensure.
  489         b. The Department of Law Enforcement shall forward the
  490  fingerprints submitted pursuant to sub-subparagraph a. to the
  491  Federal Bureau of Investigation for a national criminal history
  492  check. The department shall, and the board may, review the
  493  results of the criminal history checks according to the level 2
  494  screening standards in s. 435.04 and determine whether the
  495  applicant meets the licensure requirements. The costs of
  496  fingerprint processing shall be borne by the applicant. If the
  497  applicant’s fingerprints are submitted through an authorized
  498  agency or vendor, the agency or vendor must shall collect the
  499  required processing fees and remit the fees to the Department of
  500  Law Enforcement.
  501         Section 16. Paragraph (b) of subsection (2) of section
  502  455.2124, Florida Statutes, is amended to read:
  503         455.2124 Proration of or not requiring continuing
  504  education.—
  505         (2)
  506         (b) This subsection does not apply to engineers regulated
  507  pursuant to chapter 471; to certified public accountants
  508  regulated pursuant to chapter 473; to brokers, broker
  509  associates, and sales associates regulated pursuant to part I of
  510  chapter 475; to appraisers regulated pursuant to part II of
  511  chapter 475; to architects, interior designers, or landscape
  512  architects regulated pursuant to chapter 481; or to contractors
  513  regulated pursuant to chapter 489.
  514         Section 17. Paragraph (a) of subsection (3) and subsection
  515  (12) of section 455.213, Florida Statutes, are amended to read:
  516         455.213 General licensing provisions.—
  517         (3)(a) Notwithstanding any other law, the applicable board
  518  shall use the process in this subsection for review of an
  519  applicant’s criminal record to determine his or her eligibility
  520  for licensure as:
  521         1. A barber under chapter 476;
  522         2. A cosmetologist or cosmetology specialist under chapter
  523  477;
  524         3. Any of the following construction professions under
  525  chapter 489:
  526         a. Air-conditioning contractor;
  527         b. Electrical contractor;
  528         c. Mechanical contractor;
  529         d. Plumbing contractor;
  530         e. Pollutant storage systems contractor;
  531         f. Roofing contractor;
  532         g. Sheet metal contractor;
  533         h. Solar contractor;
  534         i. Swimming pool and spa contractor;
  535         j. Underground utility and excavation contractor; or
  536         k. Other specialty contractors; or
  537         3.4. Any other profession for which the department issues a
  538  license, provided the profession is offered to inmates in any
  539  correctional institution or correctional facility as vocational
  540  training or through an industry certification program.
  541         (12)(a)A person or an entity licensed or permitted by
  542  either the Division of Professions or the Division of Real
  543  Estate, or applying for a license or a permit, must create and
  544  maintain an account with the department’s online system and
  545  provide an e-mail address to the department to function as the
  546  primary means of contact for all communication by the department
  547  to the licensee, permitholder, or applicant. Licensees,
  548  permitholders, and applicants are responsible for maintaining
  549  accurate contact information on file with the department. A
  550  person or an entity seeking a license or a permit under this
  551  chapter or under the applicable practice act must apply using
  552  forms furnished by the department which are filed through the
  553  department’s online system before the person or entity commences
  554  operations. The department may not process an application for a
  555  license or a permit issued by the department under this chapter
  556  or under the applicable practice act unless the application is
  557  submitted through the department’s online system Any submission
  558  required to be in writing may otherwise be required by the
  559  department to be made by electronic means.
  560         (b) The department is authorized to contract with private
  561  vendors, or enter into interagency agreements, to collect
  562  electronic fingerprints where fingerprints are required for
  563  registration, certification, or the licensure process or where
  564  criminal history record checks are required.
  565         Section 18. Subsection (4) of section 468.382, Florida
  566  Statutes, is amended to read:
  567         468.382 Definitions.—As used in this act, the term:
  568         (4) “Board” means the Florida Board of Auctioneers.
  569         Section 19. Subsection (4) of section 476.034, Florida
  570  Statutes, is amended to read:
  571         476.034 Definitions.—As used in this act:
  572         (4) “Board” means the Barbers’ Board.
  573         Section 20. Section 468.520, Florida Statutes, is reordered
  574  and amended to read:
  575         468.520 Definitions.—As used in this part:
  576         (1) “Applicant” means a business or individual seeking to
  577  be licensed under this part.
  578         (2) “Board” means the Board of Employee Leasing Companies.
  579         (4)(3) “Department” means the Department of Business and
  580  Professional Regulation.
  581         (5)(4) “Employee leasing” means an arrangement whereby a
  582  leasing company assigns its employees to a client and allocates
  583  the direction of and control over the leased employees between
  584  the leasing company and the client. The term does not include
  585  the following:
  586         (a) A temporary help arrangement, whereby an organization
  587  hires its own employees and assigns them to a client to support
  588  or supplement the client’s workforce in special work situations
  589  such as employee absences, temporary skill shortages, seasonal
  590  workloads, and special assignments and projects.
  591         (b) An arrangement in which an organization employs only
  592  one category of employees and assigns them to a client to
  593  perform a function inherent to that category and which function
  594  is separate and divisible from the primary business of the
  595  client.
  596         (c) A facilities staffing arrangement, whereby an
  597  organization assigns its employees to staff, in whole or in
  598  part, a specific client function or functions, on an ongoing,
  599  indefinite basis, provided that the total number of individuals
  600  assigned by that organization under such arrangements comprises
  601  no more than 50 percent of the workforce at a client’s worksite
  602  and provided further that no more than 20 percent of the
  603  individuals assigned to staff a particular client function were
  604  employed by the client immediately preceding the commencement of
  605  the arrangement.
  606         (d) An arrangement in which an organization assigns its
  607  employees only to a commonly controlled company or group of
  608  companies as defined in s. 414 of the Internal Revenue Code and
  609  in which the organization does not hold itself out to the public
  610  as an employee leasing company.
  611         (e) A home health agency licensed under chapter 400, unless
  612  otherwise engaged in business as an employee leasing company.
  613         (f) A health care services pool licensed under s. 400.980,
  614  unless otherwise engaged in business as an employee leasing
  615  company.
  616         (6)(5) “Employee leasing company” means a sole
  617  proprietorship, partnership, corporation, or other form of
  618  business entity engaged in employee leasing.
  619         (2)(6) “Client company” means a person or entity which
  620  contracts with an employee leasing company and is provided
  621  employees pursuant to that contract.
  622         (3)(7) “Controlling person” means:
  623         (a) Any natural person who possesses, directly or
  624  indirectly, the power to direct or cause the direction of the
  625  management or policies of any employee leasing company,
  626  including, but not limited to:
  627         1. Direct or indirect control of 50 percent or more of the
  628  voting securities of the employee leasing company; or
  629         2. The general power to endorse any negotiable instrument
  630  payable to or on behalf of the employee leasing company or to
  631  cause the direction of the management or policies of any
  632  employee leasing company; or
  633         (b) Any natural person employed, appointed, or authorized
  634  by an employee leasing company to enter into a contractual
  635  relationship with a client company on behalf of the employee
  636  leasing company.
  637  
  638         Section 21. Section 477.013, Florida Statutes, is reordered
  639  and amended, to read:
  640         477.013 Definitions.—As used in this chapter:
  641         (1) “Board” means the Board of Cosmetology.
  642         (4)(2) “Department” means the Department of Business and
  643  Professional Regulation.
  644         (2)(3) “Cosmetologist” means a person who is licensed to
  645  engage in the practice of cosmetology in this state under the
  646  authority of this chapter.
  647         (3)(4) “Cosmetology” means the mechanical or chemical
  648  treatment of the head, face, and scalp for aesthetic rather than
  649  medical purposes, including, but not limited to, hair
  650  shampooing, hair cutting, hair arranging, hair coloring,
  651  permanent waving, and hair relaxing for compensation. This term
  652  also includes performing hair removal, including wax treatments,
  653  manicures, pedicures, and skin care services.
  654         (10)(5) “Specialist” means any person holding a specialty
  655  registration in one or more of the specialties registered under
  656  this chapter.
  657         (11)(6) “Specialty” means the practice of one or more of
  658  the following:
  659         (a) Manicuring, or the cutting, polishing, tinting,
  660  coloring, cleansing, adding, or extending of the nails, and
  661  massaging of the hands. This term includes any procedure or
  662  process for the affixing of artificial nails, except those nails
  663  which may be applied solely by use of a simple adhesive.
  664         (b) Pedicuring, or the shaping, polishing, tinting, or
  665  cleansing of the nails of the feet, and massaging or beautifying
  666  of the feet.
  667         (c) Facials, or the massaging or treating of the face or
  668  scalp with oils, creams, lotions, or other preparations, and
  669  skin care services.
  670         (8)(7) “Shampooing” means the washing of the hair with soap
  671  and water or with a special preparation, or applying hair
  672  tonics.
  673         (12)(8) “Specialty salon” means any place of business
  674  wherein the practice of any one or all of the specialties as
  675  defined in subsection (11) (6) are engaged in or carried on.
  676         (5)(9) “Hair braiding” means the weaving or interweaving of
  677  natural human hair or commercial hair, including the use of hair
  678  extensions or wefts, for compensation without cutting, coloring,
  679  permanent waving, relaxing, removing, or chemical treatment.
  680         (6)(10) “Hair wrapping” means the wrapping of manufactured
  681  materials around a strand or strands of human hair, for
  682  compensation, without cutting, coloring, permanent waving,
  683  relaxing, removing, weaving, chemically treating, braiding,
  684  using hair extensions, or performing any other service defined
  685  as cosmetology.
  686         (7)(11) “Photography studio salon” means an establishment
  687  where the hair-arranging services and the application of
  688  cosmetic products are performed solely for the purpose of
  689  preparing the model or client for the photographic session
  690  without shampooing, cutting, coloring, permanent waving,
  691  relaxing, or removing of hair or performing any other service
  692  defined as cosmetology.
  693         (1)(12) “Body wrapping” means a treatment program that uses
  694  herbal wraps for the purposes of cleansing and beautifying the
  695  skin of the body, but does not include:
  696         (a) The application of oils, lotions, or other fluids to
  697  the body, except fluids contained in presoaked materials used in
  698  the wraps; or
  699         (b) Manipulation of the body’s superficial tissue, other
  700  than that arising from compression emanating from the wrap
  701  materials.
  702         (9)(13) “Skin care services” means the treatment of the
  703  skin of the body, other than the head, face, and scalp, by the
  704  use of a sponge, brush, cloth, or similar device to apply or
  705  remove a chemical preparation or other substance, except that
  706  chemical peels may be removed by peeling an applied preparation
  707  from the skin by hand. Skin care services must be performed by a
  708  licensed cosmetologist or facial specialist within a licensed
  709  cosmetology or specialty salon, and such services may not
  710  involve massage therapy, as defined in s. 480.033, through
  711  manipulation of the superficial tissue.
  712         Section 22. Section 492.102, Florida Statutes, is reordered
  713  and amended to read:
  714         492.102 Definitions.—For the purposes of this chapter,
  715  unless the context clearly requires otherwise:
  716         (1) “Board” means the Board of Professional Geologists.
  717         (2) “Department” means the Department of Business and
  718  Professional Regulation.
  719         (3) “Geology” means the science which includes the
  720  treatment of the earth and its origin and history, in general;
  721  the investigation of the earth’s crust and interior and the
  722  solids and fluids, including all surface and underground waters,
  723  and gases which compose the earth; the study of the natural
  724  agents, forces, and processes which cause changes in the earth;
  725  and the utilization of this knowledge of the earth and its
  726  solids, fluids, and gases, and their collective properties and
  727  processes, for the benefit of humankind.
  728         (2)(4) “Geologist” means an individual who, by reason of
  729  her or his knowledge of geology, soils, mathematics, and the
  730  physical and life sciences, acquired by education and practical
  731  experience, is capable of practicing the science of geology.
  732         (6)(5) “Qualified geologist” means an individual who
  733  possesses all the qualifications for licensure under the
  734  provisions of this chapter, except that such person is not
  735  licensed.
  736         (5)(6) “Professional geologist” means an individual who is
  737  licensed as a geologist under the provisions of this chapter.
  738         (4)(7) “Practice of professional geology” means the
  739  performance of, or offer to perform, geological services,
  740  including, but not limited to, consultation, investigation,
  741  evaluation, planning, and geologic mapping, but not including
  742  mapping as prescribed in chapter 472, relating to geological
  743  work, except as specifically exempted by this chapter. Any
  744  person who practices any specialty branch of the profession of
  745  geology, or who by verbal claim, sign, advertisement,
  746  letterhead, card, or any other means represents herself or
  747  himself to be a professional geologist, or who through the use
  748  of some title implies that she or he is a professional geologist
  749  or that she or he is licensed under this chapter, or who holds
  750  herself or himself out as able to perform or does perform any
  751  geological services or work recognized as professional geology,
  752  is shall be construed to be engaged in the practice of
  753  professional geology.
  754         Section 23. Subsection (3) of section 471.015, Florida
  755  Statutes, is amended to read:
  756         471.015 Licensure.—
  757         (3) The board shall certify as qualified for a license by
  758  endorsement an applicant who:
  759         (a) Qualifies to take the fundamentals examination and the
  760  principles and practice examination as set forth in s. 471.013,
  761  has passed a United States national, regional, state, or
  762  territorial licensing examination that is substantially
  763  equivalent to the fundamentals examination and principles and
  764  practice examination required by s. 471.013, and has satisfied
  765  the experience requirements set forth in paragraph (2)(a) and s.
  766  471.013; or
  767         (b) Holds a valid license to practice engineering issued by
  768  another state or territory of the United States, or a foreign
  769  jurisdiction if the criteria for issuance of the license were
  770  substantially the same as the licensure criteria that existed in
  771  this state at the time the license was issued; or
  772         (c) Holds a valid license to practice engineering issued by
  773  a foreign jurisdiction approved by the board and holds an active
  774  Council Record with the National Council of Examiners for
  775  Engineering and Surveying.
  776         Section 24. Section 473.3065, Florida Statutes, is amended
  777  to read:
  778         473.3065 Clay Ford Scholarship Program; Certified Public
  779  Accountant Education Opportunity Minority Assistance Advisory
  780  Council.—
  781         (1) The Clay Ford Scholarship Program for Florida residents
  782  is hereby established in the division for the purpose of
  783  providing scholarships to minority persons as defined in s.
  784  288.703 who are students enrolled in their fifth year of an
  785  accounting education program at an institution in this state
  786  approved by the board by rule. A Certified Public Accountant
  787  Education Opportunity Minority Assistance Advisory Council shall
  788  assist the board in administering the program.
  789         (2) All moneys used to provide scholarships under the Clay
  790  Ford Scholarship Program shall be funded by a portion of
  791  existing license fees, as set by the board, not to exceed $10
  792  per license. Such moneys shall be deposited into the
  793  Professional Regulation Trust Fund in a separate account
  794  maintained for that purpose. The department may spend up to
  795  $200,000 per year for the program from this program account but
  796  may not allocate overhead charges to it. Moneys for scholarships
  797  shall be disbursed twice per year upon recommendation of the
  798  advisory council and approval by the board, based on the adopted
  799  eligibility criteria and comparative evaluation of all
  800  applicants. Funds in the program account may be invested by the
  801  Chief Financial Officer under the same limitations as apply to
  802  investment of other state funds, and all interest earned thereon
  803  shall be credited to the program account.
  804         (3) The board shall adopt rules as necessary for
  805  administration of the Clay Ford Scholarship Program, including
  806  rules relating to the following:
  807         (a) Eligibility criteria for receipt of a scholarship,
  808  which must, at a minimum, shall include the following factors:
  809         1. Financial need.
  810         2. Ethnic, gender, or racial minority status pursuant to s.
  811  288.703(4).
  812         3. Scholastic ability and performance.
  813         (b) Scholarship application procedures.
  814         (c) Amounts in which scholarships may be provided, the
  815  total amount that may be provided, the timeframe for payments or
  816  partial payments, and criteria for how scholarship funds may be
  817  expended.
  818         (d) The total amount of scholarships that can be made each
  819  year.
  820         (e) The minimum balance that must be maintained in the
  821  program account.
  822         (4) Determinations made by the board regarding recipients
  823  of scholarship moneys may shall not be considered agency action
  824  for purposes of chapter 120.
  825         (5) It is unlawful for any person or agent of such person
  826  to knowingly file with the board any notice, statement, or other
  827  document that is false or that contains any material
  828  misstatement of fact. A person who violates this subsection
  829  commits a misdemeanor of the second degree, punishable as
  830  provided in s. 775.082 or s. 775.083.
  831         (6) There is hereby created the Certified Public Accountant
  832  Education Opportunity Minority Assistance Advisory Council to
  833  assist the board in administering the Clay Ford Scholarship
  834  Program. The council shall be diverse and representative of the
  835  gender, ethnic, and racial categories set forth in s.
  836  288.703(4).
  837         (a) The council shall consist of five licensed Florida
  838  certified public accountants selected by the board, of whom one
  839  shall be a board member who serves as chair of the council, one
  840  shall be a representative of the National Association of Black
  841  Accountants, one shall be a representative of the Cuban American
  842  CPA Association, and two shall be selected at large. At least
  843  one member of the council must be a woman.
  844         (b) The board shall determine the terms for initial
  845  appointments and appointments thereafter.
  846         (c) Any vacancy on the council shall be filled in the
  847  manner provided for the selection of the initial member. Any
  848  member appointed to fill a vacancy of an unexpired term shall be
  849  appointed for the remainder of that term.
  850         (d) Three consecutive absences or absences constituting 50
  851  percent or more of the council’s meetings within any 12-month
  852  period shall cause the council membership of the member in
  853  question to become void, and the position shall be considered
  854  vacant.
  855         (e) The members of the council shall serve without
  856  compensation, and any necessary and actual expenses incurred by
  857  a member while engaged in the business of the council shall be
  858  borne by such member or by the organization or agency such
  859  member represents. However, the council member who is a member
  860  of the board shall be compensated in accordance with ss.
  861  455.207(4) and 112.061.
  862         Section 25. Section 476.064, Florida Statutes, is amended
  863  to read:
  864         476.064 Rulemaking authority Organization; headquarters;
  865  personnel; meetings.—
  866         (1) The board shall annually elect a chair and a vice chair
  867  from its number. The board shall maintain its headquarters in
  868  Tallahassee.
  869         (2) The department shall appoint or employ such personnel
  870  as may be necessary to assist the department board in exercising
  871  the powers and performing the duties and obligations set forth
  872  in this act. Such personnel need not be licensed barbers and
  873  shall not be members of the board. Such personnel are shall be
  874  authorized to do and perform such duties and work as may be
  875  assigned by the department board.
  876         (3) The board shall hold an annual meeting and such other
  877  meetings during the year as it may determine to be necessary.
  878  The chair of the board may call other meetings at her or his
  879  discretion. A quorum of the board shall consist of not less than
  880  four members.
  881         (2)(4) The department board has authority to adopt rules
  882  pursuant to ss. 120.536(1) and 120.54 to implement the
  883  provisions of this chapter.
  884         Section 26. Subsections (2), (8), and (9) of section
  885  476.184, Florida Statutes, are amended, and subsection (11) is
  886  added to that section, to read:
  887         476.184 Barbershop licensure; requirements; fee;
  888  inspection; license display.—
  889         (2) The department board shall adopt rules governing the
  890  licensure and operation of a barbershop and its facilities,
  891  personnel, safety and sanitary requirements, and the license
  892  application and granting process.
  893         (8) Renewal of license registration for barbershops shall
  894  be accomplished pursuant to rules adopted by the department
  895  board. The department board is further authorized to adopt rules
  896  governing delinquent renewal of licenses and may impose penalty
  897  fees for delinquent renewal.
  898         (9) The department board is authorized to adopt rules
  899  governing the operation and periodic inspection of barbershops
  900  licensed under this chapter.
  901         (11)(a)The department shall adopt rules governing the
  902  licensure, operation, and inspection of mobile barbershops,
  903  including their facilities, personnel, and safety and sanitary
  904  requirements.
  905         (b) Each mobile barbershop must comply with all licensure
  906  and operating requirements specified in this chapter, chapter
  907  455, or rules of the department that apply to barbershops at
  908  fixed locations, except to the extent that such requirements
  909  conflict with this subsection or rules adopted pursuant to this
  910  subsection.
  911         (c) A mobile barbershop must maintain a permanent business
  912  address, located in the inspection area of the local department
  913  office, at which records of appointments, itineraries, license
  914  numbers of employees, and vehicle identification numbers of the
  915  licenseholders mobile barbershop shall be kept and made
  916  available for verification purposes by department personnel, and
  917  at which correspondence from the department can be received.
  918         (d) To facilitate periodic inspections of a mobile
  919  barbershop, before the beginning of each month each mobile
  920  barbershop licenseholder must file with the department a written
  921  monthly itinerary listing the locations where and the dates and
  922  hours when the mobile barbershop will be operating.
  923         (e) The licenseholder must comply with all local laws and
  924  ordinances regulating business establishments, with all
  925  applicable requirements of the Americans with Disabilities Act
  926  relating to accommodations for persons with disabilities, and
  927  with all applicable requirements of the Occupational Safety and
  928  Health Administration.
  929         Section 27. Section 476.188, Florida Statutes, is amended
  930  to read:
  931         476.188 Barber services to be performed in a licensed
  932  registered barbershop; exception.—
  933         (1) Barber services shall be performed only by licensed
  934  barbers in licensed registered barbershops, except as otherwise
  935  provided in this section.
  936         (2) Pursuant to rules established by the department board,
  937  barber services may be performed by a licensed barber in a
  938  location other than a licensed registered barbershop, including,
  939  but not limited to, a nursing home, hospital, or residence, when
  940  a client for reasons of ill health is unable to go to a licensed
  941  registered barbershop. Arrangements for the performance of
  942  barber services in a location other than a licensed registered
  943  barbershop may shall be made only through a licensed registered
  944  barbershop. However, a barber may shampoo, cut, or arrange hair
  945  in a location other than a licensed registered barbershop
  946  without such arrangements.
  947         (3) Any person who holds a valid barber’s license in any
  948  state or who is authorized to practice barbering in any country,
  949  territory, or jurisdiction of the United States may perform
  950  barber services in a location other than a licensed registered
  951  barbershop when such services are performed in connection with
  952  the motion picture, fashion photography, theatrical, or
  953  television industry; a manufacturer trade show demonstration; or
  954  an educational seminar.
  955         (4) Pursuant to rules adopted by the department, the
  956  practice of barbering may be performed in a location other than
  957  a licensed barbershop when performed in connection with a
  958  special event and by a person who holds the proper license.
  959         Section 28. Subsections (2), (3), (5), (6), and (7) of
  960  section 477.019, Florida Statutes, are amended, and subsection
  961  (8) is added to that section, to read:
  962         477.019 Cosmetologists; qualifications; licensure;
  963  supervised practice; license renewal; endorsement; continuing
  964  education.—
  965         (2) An applicant is eligible for licensure by examination
  966  to practice cosmetology if the applicant:
  967         (a) Is at least 16 years of age or has received a high
  968  school diploma;
  969         (b) Pays the required application fee, which is not
  970  refundable, and the required examination fee, which is
  971  refundable if the applicant is determined to not be eligible for
  972  licensure for any reason other than failure to successfully
  973  complete the licensure examination; and
  974         (c) Has received a minimum of 1,200 hours of training as
  975  established by the department board, which must include, but is
  976  not limited to, the equivalent of completion of services
  977  directly related to the practice of cosmetology at one of the
  978  following:
  979         1. A school of cosmetology licensed pursuant to chapter
  980  1005.
  981         2. A cosmetology program within the public school system.
  982         3. The Cosmetology Division of the Florida School for the
  983  Deaf and the Blind, provided the division meets the standards of
  984  this chapter.
  985         4. A government-operated cosmetology program in this state.
  986  
  987  The department board shall establish by rule procedures whereby
  988  the school or program may certify that a person is qualified to
  989  take the required examination after the completion of a minimum
  990  of 1,000 actual school hours. If the person then passes the
  991  examination, he or she has satisfied this requirement; but if
  992  the person fails the examination, he or she may not be qualified
  993  to take the examination again until the completion of the full
  994  requirements provided by this section.
  995         (3) Upon an applicant receiving a passing grade, as
  996  established by department board rule, on the examination and
  997  paying the initial licensing fee, the department shall issue a
  998  license to practice cosmetology.
  999         (5) Renewal of license registration shall be accomplished
 1000  pursuant to rules adopted by the department board.
 1001         (6) The department board shall certify as qualified for
 1002  licensure by endorsement as a cosmetologist in this state an
 1003  applicant who holds a current active license to practice
 1004  cosmetology in another state.
 1005         (7)(a) The department board shall prescribe by rule
 1006  continuing education requirements intended to ensure protection
 1007  of the public through updated training of licensees and
 1008  registered specialists, not to exceed 10 hours biennially, as a
 1009  condition for renewal of a license or registration as a
 1010  specialist under this chapter. Continuing education courses
 1011  shall include, but not be limited to, the following subjects as
 1012  they relate to the practice of cosmetology: human
 1013  immunodeficiency virus and acquired immune deficiency syndrome;
 1014  Occupational Safety and Health Administration regulations;
 1015  workers’ compensation issues; state and federal laws and rules
 1016  as they pertain to cosmetologists, cosmetology, salons,
 1017  specialists, specialty salons, and booth renters; chemical
 1018  makeup as it pertains to hair, skin, and nails; and
 1019  environmental issues. Courses given at cosmetology conferences
 1020  may be counted toward the number of continuing education hours
 1021  required if approved by the department board.
 1022         (b) The department board may, by rule, require any licensee
 1023  in violation of a continuing education requirement to take a
 1024  refresher course or refresher course and examination in addition
 1025  to any other penalty. The number of hours for the refresher
 1026  course may not exceed 48 hours.
 1027         (8) An initial applicant must submit, along with the
 1028  application, a complete set of fingerprints to the department.
 1029  The fingerprints must be submitted to the Department of Law
 1030  Enforcement for state processing, and the Department of Law
 1031  Enforcement shall forward them to the Federal Bureau of
 1032  Investigation for national processing for the purpose of
 1033  determining whether the applicant has a criminal history record.
 1034  The department must review the background results to determine
 1035  whether an applicant meets licensure requirements. The cost for
 1036  the fingerprint processing must be borne by the applicant. These
 1037  fees are to be collected by the authorized agencies or vendors.
 1038  The authorized agencies or vendors are responsible for paying
 1039  the processing costs to the Department of Law Enforcement.
 1040         Section 29. Paragraphs (b) and (c) of subsection (1) and
 1041  subsections (4) and (5) of section 477.0201, Florida Statutes,
 1042  are amended, and subsection (7) is added to that section, to
 1043  read:
 1044         477.0201 Specialty registration; qualifications;
 1045  registration renewal; endorsement.—
 1046         (1) Any person is qualified for registration as a
 1047  specialist in any specialty practice within the practice of
 1048  cosmetology under this chapter who:
 1049         (b) Has received a certificate of completion for:
 1050         1. One hundred and eighty hours of training, as established
 1051  by the department board, which shall focus primarily on
 1052  sanitation and safety, to practice specialties as defined in s.
 1053  477.013(11)(a) and (b) s. 477.013(6)(a) and (b);
 1054         2. Two hundred and twenty hours of training, as established
 1055  by the department board, which shall focus primarily on
 1056  sanitation and safety, to practice the specialty as defined in
 1057  s. 477.013(11)(c) s. 477.013(6)(c); or
 1058         3. Four hundred hours of training or the number of hours of
 1059  training required to maintain minimum Pell Grant requirements,
 1060  as established by the department board, which shall focus
 1061  primarily on sanitation and safety, to practice the specialties
 1062  as defined in s. 477.013(11)(a)-(c) s. 477.013(6)(a)-(c).
 1063         (c) The certificate of completion specified in paragraph
 1064  (b) must be from one of the following:
 1065         1. A school licensed pursuant to s. 477.023.
 1066         2. A school licensed pursuant to chapter 1005 or the
 1067  equivalent licensing authority of another state.
 1068         3. A specialty program within the public school system.
 1069         4. A specialty division within the Cosmetology Division of
 1070  the Florida School for the Deaf and the Blind, provided the
 1071  training programs comply with minimum curriculum requirements
 1072  established by the department board.
 1073         (4) Renewal of registration shall be accomplished pursuant
 1074  to rules adopted by the department board.
 1075         (5) The department board shall adopt rules specifying
 1076  procedures for the registration of specialty practitioners
 1077  desiring to be registered in this state who have been registered
 1078  or licensed and are practicing in states which have registering
 1079  or licensing standards substantially similar to, equivalent to,
 1080  or more stringent than the standards of this state.
 1081         (7) An initial applicant must submit, along with the
 1082  application, a complete set of fingerprints to the department.
 1083  The fingerprints must be submitted to the Department of Law
 1084  Enforcement for state processing, and the Department of Law
 1085  Enforcement shall forward the fingerprints to the Federal Bureau
 1086  of Investigation for national processing for the purpose of
 1087  determining whether the applicant has a criminal history record.
 1088  The department shall review the background results to determine
 1089  whether an applicant meets licensure requirements. The cost for
 1090  the fingerprint processing must be borne by the applicant. These
 1091  fees are to be collected by the authorized agencies or vendors.
 1092  The authorized agencies or vendors are responsible for paying
 1093  the processing costs to the Department of Law Enforcement.
 1094         Section 30. Chapter 481, Florida Statutes, consisting of
 1095  ss. 481.201-481.329, Florida Statutes, and entitled
 1096  “Architecture, Interior Design, and Landscape Architecture,” is
 1097  renamed “Architecture and Landscape Architecture.”
 1098         Section 31. Part I of chapter 481, Florida Statutes,
 1099  consisting of ss. 481.201-481.231, Florida Statutes, and
 1100  entitled “Architecture and Interior Design,” is renamed
 1101  “Architecture.”
 1102         Section 32. Subsections (3), (5), and (8) through (13) of
 1103  section 481.203, Florida Statutes, are amended to read:
 1104         481.203 Definitions.—As used in this part, the term:
 1105         (3) “Board” means the Board of Architecture and Landscape
 1106  Architecture Interior Design.
 1107         (5) “Certificate of registration” means a license or
 1108  registration issued by the department to a natural person to
 1109  engage in the practice of architecture or interior design.
 1110         (8) “Diversified interior design experience” means
 1111  experience which substantially encompasses the various elements
 1112  of interior design services set forth under the definition of
 1113  “interior design” in subsection (10).
 1114         (9) “Interior decorator services” includes the selection or
 1115  assistance in selection of surface materials, window treatments,
 1116  wallcoverings, paint, floor coverings, surface-mounted lighting,
 1117  surface-mounted fixtures, and loose furnishings not subject to
 1118  regulation under applicable building codes.
 1119         (10) “Interior design” means designs, consultations,
 1120  studies, drawings, specifications, and administration of design
 1121  construction contracts relating to nonstructural interior
 1122  elements of a building or structure. “Interior design” includes,
 1123  but is not limited to, reflected ceiling plans, space planning,
 1124  furnishings, and the fabrication of nonstructural elements
 1125  within and surrounding interior spaces of buildings. “Interior
 1126  design” specifically excludes the design of or the
 1127  responsibility for architectural and engineering work, except
 1128  for specification of fixtures and their location within interior
 1129  spaces. As used in this subsection, “architectural and
 1130  engineering interior construction relating to the building
 1131  systems” includes, but is not limited to, construction of
 1132  structural, mechanical, plumbing, heating, air-conditioning,
 1133  ventilating, electrical, or vertical transportation systems, or
 1134  construction which materially affects lifesafety systems
 1135  pertaining to firesafety protection such as fire-rated
 1136  separations between interior spaces, fire-rated vertical shafts
 1137  in multistory structures, fire-rated protection of structural
 1138  elements, smoke evacuation and compartmentalization, emergency
 1139  ingress or egress systems, and emergency alarm systems.
 1140         (11) “Nonstructural element” means an element which does
 1141  not require structural bracing and which is something other than
 1142  a load-bearing wall, load-bearing column, or other load-bearing
 1143  element of a building or structure which is essential to the
 1144  structural integrity of the building.
 1145         (12) “Reflected ceiling plan” means a ceiling design plan
 1146  which is laid out as if it were projected downward and which may
 1147  include lighting and other elements.
 1148         (13) “Registered interior designer” means a natural person
 1149  who holds a valid certificate of registration to practice
 1150  interior design.
 1151         Section 33. Section 481.205, Florida Statutes, is amended
 1152  to read:
 1153         481.205 Board of Architecture and Landscape Architecture
 1154  Interior Design.—
 1155         (1) The Board of Architecture and Landscape Architecture
 1156  Interior Design is created within the Department of Business and
 1157  Professional Regulation. The board shall consist of 10 11
 1158  members. Five members must be registered architects who have
 1159  been engaged in the practice of architecture for at least 5
 1160  years; three members must be registered landscape architects
 1161  interior designers who have been offering interior design
 1162  services for at least 5 years and who are not also registered
 1163  architects; and two three members must be laypersons who are
 1164  not, and have never been, architects, landscape architects
 1165  interior designers, or members of any closely related profession
 1166  or occupation. At least one member of the board must be 60 years
 1167  of age or older.
 1168         (2) Members shall be appointed for 4-year staggered terms.
 1169         (3)(a) Notwithstanding the provisions of ss. 455.225,
 1170  455.228, and 455.32, the duties and authority of the department
 1171  to receive complaints and investigate and discipline persons
 1172  licensed or registered under this chapter part, including the
 1173  ability to determine legal sufficiency and probable cause; to
 1174  initiate proceedings and issue final orders for summary
 1175  suspension or restriction of a license or certificate of
 1176  registration pursuant to s. 120.60(6); to issue notices of
 1177  noncompliance, notices to cease and desist, subpoenas, and
 1178  citations; to retain legal counsel, investigators, or
 1179  prosecutorial staff in connection with the licensed practice of
 1180  architecture or landscape architecture registered interior
 1181  design; and to investigate and deter the unlicensed practice of
 1182  architecture as provided in s. 455.228 are delegated to the
 1183  board. All complaints and any information obtained pursuant to
 1184  an investigation authorized by the board are confidential and
 1185  exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
 1186         (b) The board shall contract with a corporation or other
 1187  business entity pursuant to s. 287.057 to provide investigative,
 1188  legal, prosecutorial, and other services necessary to perform
 1189  its duties.
 1190         (c) The corporation or business entity shall comply with
 1191  all the recordkeeping and reporting requirements of s. 455.32
 1192  applicable to the scope of the contract and shall report
 1193  directly to the board in lieu of the department. Records of the
 1194  corporation or other business entity contracting with the board
 1195  shall be considered public records as specified in s.
 1196  455.32(15).
 1197         (d) Notwithstanding the provisions of s. 455.228, the board
 1198  may use funds in the unlicensed activity account established
 1199  under s. 455.2281 to perform its duties relating to unlicensed
 1200  activity under this subsection.
 1201         (e) The board shall submit an annual budget request to the
 1202  department by October 1 of each year for the purpose of funding
 1203  its activities under this subsection. The department, on behalf
 1204  of the board, shall submit the budget request unchanged to the
 1205  Executive Office of the Governor and the Legislature pursuant to
 1206  s. 216.023.
 1207         (f) The board shall issue an annual report on the
 1208  activities under this subsection by October 1 of each year. The
 1209  annual report shall be submitted to the Executive Office of the
 1210  Governor, the President of the Senate, the Speaker of the House
 1211  of Representatives, and the chairs of the legislative
 1212  appropriations committees. The report must shall describe all of
 1213  the activities performed under this subsection for the previous
 1214  fiscal year and shall include, but need not be limited to, the
 1215  following:
 1216         1. The number of complaints received.
 1217         2. The number of complaints determined to be legally
 1218  sufficient.
 1219         3. The number of complaints determined to be legally
 1220  insufficient.
 1221         4. The number of complaints dismissed.
 1222         5. The number of complaints filed in circuit court.
 1223         6. The number of complaints determined to have probable
 1224  cause.
 1225         7. The number of administrative complaints issued and the
 1226  status of the complaints.
 1227         8. The number and nature of disciplinary actions taken by
 1228  the board.
 1229         9. The number and the amount of fines and penalties
 1230  imposed.
 1231         10. The number and the amount of fines and penalties
 1232  collected.
 1233         11. Total revenues received and all expenses incurred by
 1234  the contractor during the previous fiscal year.
 1235         12. Total completed investigations.
 1236         13. Total pending investigations.
 1237         14. A summary of any audits performed, including financial
 1238  reports and performance audits of the contractor.
 1239         (4) The board may establish minimum procedures,
 1240  documentation, and other requirements for indicating evidence of
 1241  the exercise of responsible supervising control by a person
 1242  licensed under this part in connection with work performed both
 1243  inside and outside the licensee’s office.
 1244         Section 34. Section 481.207, Florida Statutes, is amended
 1245  to read:
 1246         481.207 Fees.—The board, by rule, may establish fees for
 1247  architects and registered interior designers, to be paid for
 1248  applications, examination, reexamination, licensing and renewal,
 1249  delinquency, reinstatement, and recordmaking and recordkeeping.
 1250  The examination fee must shall be in an amount that covers the
 1251  cost of obtaining and administering the examination and must
 1252  shall be refunded if the applicant is found ineligible to sit
 1253  for the examination. The application fee is nonrefundable. The
 1254  fee for initial application and examination for architects may
 1255  not exceed $775 plus the actual per applicant cost to the
 1256  department for purchase of the examination from the National
 1257  Council of Architectural Registration Boards or similar national
 1258  organizations. The initial nonrefundable fee for registered
 1259  interior designers may not exceed $75. The biennial renewal fee
 1260  for architects may not exceed $200. The biennial renewal fee for
 1261  registered interior designers may not exceed $75. The
 1262  delinquency fee may not exceed the biennial renewal fee
 1263  established by the board for an active license. The board shall
 1264  establish fees that are adequate to ensure the continued
 1265  operation of the board and to fund the proportionate expenses
 1266  incurred by the department which are allocated to the regulation
 1267  of architects and registered interior designers. Fees shall be
 1268  based on department estimates of the revenue required to
 1269  implement this part and the provisions of law with respect to
 1270  the regulation of architects and interior designers.
 1271         Section 35. Section 481.209, Florida Statutes, is amended
 1272  to read:
 1273         481.209 Examinations.—
 1274         (1) A person desiring to be licensed as a registered
 1275  architect by initial examination shall apply to the department,
 1276  complete the application form, and remit a nonrefundable
 1277  application fee. The department shall license any applicant who
 1278  the board certifies has passed the licensure examination
 1279  prescribed by board rule and is a graduate of a school or
 1280  college of architecture with a program accredited by the
 1281  National Architectural Accreditation Board.
 1282         (2) A person seeking to obtain a certificate of
 1283  registration as a registered interior designer and a seal
 1284  pursuant to s. 481.221 must provide the department with his or
 1285  her name and address and written proof that he or she has
 1286  successfully passed the qualification examination prescribed by
 1287  the Council for Interior Design Qualification or its successor
 1288  entity or has successfully passed an equivalent exam as
 1289  determined by the department. Any person who is licensed as an
 1290  interior designer by the department and who was in good standing
 1291  as of July 1, 2020, is eligible to obtain a certificate of
 1292  registration as a registered interior designer.
 1293         Section 36. Subsections (1) through (4) and (8) of section
 1294  481.213, Florida Statutes, are amended, and subsection (7) of
 1295  that section is reenacted, to read:
 1296         481.213 Licensure and registration.—
 1297         (1) The department shall license or register any applicant
 1298  who the board certifies is qualified for licensure or
 1299  registration and who has paid the initial licensure or
 1300  registration fee. Licensure as an architect under this section
 1301  shall be deemed to include all the rights and privileges of
 1302  registration as an interior designer under this section.
 1303         (2) The board shall certify for licensure or registration
 1304  by examination any applicant who passes the prescribed licensure
 1305  or registration examination and satisfies the requirements of
 1306  ss. 481.209 and 481.211, for architects, or the requirements of
 1307  s. 481.209, for interior designers.
 1308         (3) The board shall certify as qualified for a license by
 1309  endorsement as an architect or registration as a registered
 1310  interior designer an applicant who:
 1311         (a) Qualifies to take the prescribed licensure or
 1312  registration examination, and has passed the prescribed
 1313  licensure or registration examination or a substantially
 1314  equivalent examination in another jurisdiction, as set forth in
 1315  s. 481.209 for architects or registered interior designers, as
 1316  applicable, and has satisfied the internship requirements set
 1317  forth in s. 481.211 for architects;
 1318         (b) Holds a valid license to practice architecture or a
 1319  license, registration, or certification to practice interior
 1320  design issued by another jurisdiction of the United States, if
 1321  the criteria for issuance of such license were substantially
 1322  equivalent to the licensure criteria that existed in this state
 1323  at the time the license was issued; or
 1324         (c) Has passed the prescribed licensure examination and
 1325  Holds a valid certificate issued by the National Council of
 1326  Architectural Registration Boards, and holds a valid license to
 1327  practice architecture issued by another state, another or
 1328  jurisdiction of the United States, or a foreign jurisdiction
 1329  approved by the board.
 1330  
 1331  An architect who is licensed in another state, another
 1332  jurisdiction of the United States, or a foreign jurisdiction
 1333  approved by the board who seeks qualification for licensure
 1334  license by endorsement under this subsection must complete a 2
 1335  hour class approved by the board on wind mitigation techniques.
 1336         (4) The board may refuse to certify any applicant who has
 1337  violated any of the provisions of s. 481.223 or s. 481.225 s.
 1338  481.223, s. 481.225, or s. 481.2251, as applicable.
 1339         (7) For persons whose licensure requires satisfaction of
 1340  the requirements of ss. 481.209 and 481.211, the board shall, by
 1341  rule, establish qualifications for certification of such persons
 1342  as special inspectors of threshold buildings, as defined in ss.
 1343  553.71 and 553.79, and shall compile a list of persons who are
 1344  certified. A special inspector is not required to meet standards
 1345  for certification other than those established by the board, and
 1346  the fee owner of a threshold building may not be prohibited from
 1347  selecting any person certified by the board to be a special
 1348  inspector. The board shall develop minimum qualifications for
 1349  the qualified representative of the special inspector who is
 1350  authorized under s. 553.79 to perform inspections of threshold
 1351  buildings on behalf of the special inspector.
 1352         (8) A certificate of registration is not required for a
 1353  person whose occupation or practice is confined to interior
 1354  decorator services or for a person whose occupation or practice
 1355  is confined to interior design as provided in this part.
 1356         Section 37. Subsection (3) of section 481.215, Florida
 1357  Statutes, is amended to read:
 1358         481.215 Renewal of license or certificate of registration.—
 1359         (3) A license or certificate of registration renewal may
 1360  not be issued to an architect or a registered interior designer
 1361  by the department until the licensee or registrant submits proof
 1362  satisfactory to the department that, during the 2 years before
 1363  application for renewal, the licensee or registrant participated
 1364  per biennium in not less than 20 hours of at least 50 minutes
 1365  each per biennium of continuing education approved by the board.
 1366  The board shall approve only continuing education that builds
 1367  upon the basic knowledge of architecture or interior design. The
 1368  board may make exception from the requirements of continuing
 1369  education in emergency or hardship cases.
 1370         Section 38. Subsection (1) of section 481.217, Florida
 1371  Statutes, is amended to read:
 1372         481.217 Inactive status.—
 1373         (1) The board may prescribe by rule continuing education
 1374  requirements as a condition of reactivating a license. The rules
 1375  may not require more than one renewal cycle of continuing
 1376  education to reactivate a license or registration for a
 1377  registered architect or registered interior designer.
 1378         Section 39. Subsections (7) and (8) of section 481.219,
 1379  Florida Statutes, are amended to read:
 1380         481.219 Qualification of business organizations.—
 1381         (7) A business organization is not relieved of
 1382  responsibility for the conduct or acts of its agents, employees,
 1383  or officers by reason of its compliance with this section.
 1384  However, except as provided in s. 558.0035, the architect who
 1385  signs and seals the construction documents and instruments of
 1386  service is liable for the professional services performed, and
 1387  the interior designer who signs and seals the interior design
 1388  drawings, plans, or specifications shall be liable for the
 1389  professional services performed.
 1390         (8) This section may not be construed to mean that a
 1391  certificate of registration to practice architecture must be
 1392  held by a business organization. This section does not prohibit
 1393  a business organization from offering architectural,
 1394  engineering, interior design, surveying and mapping, and
 1395  landscape architectural services, or any combination of such
 1396  services, to the public if the business organization otherwise
 1397  meets the requirements of law.
 1398         Section 40. Subsections (3), (5), (7), (9), (11), and (12)
 1399  of section 481.221, Florida Statutes, are amended to read:
 1400         481.221 Seals; display of certificate number.—
 1401         (3) The board shall adopt a rule prescribing the distinctly
 1402  different seals to be used by registered interior designers
 1403  holding valid certificates of registration. Each registered
 1404  interior designer shall obtain a seal as prescribed by the
 1405  board, and all drawings, plans, specifications, or reports
 1406  prepared or issued by the registered interior designer and being
 1407  filed for public record shall bear the signature and seal of the
 1408  registered interior designer who prepared or approved the
 1409  document and the date on which they were sealed. The signature,
 1410  date, and seal shall be evidence of the authenticity of that to
 1411  which they are affixed. Final plans, specifications, or reports
 1412  prepared or issued by a registered interior designer may be
 1413  transmitted electronically and may be signed by the registered
 1414  interior designer, dated, and sealed electronically with the
 1415  seal in accordance with ss. 668.001-668.006.
 1416         (5) No registered interior designer shall affix, or permit
 1417  to be affixed, her or his seal or signature to any plan,
 1418  specification, drawing, or other document which depicts work
 1419  which she or he is not competent or registered to perform.
 1420         (7) No registered interior designer shall affix her or his
 1421  signature or seal to any plans, specifications, or other
 1422  documents which were not prepared by her or him or under her or
 1423  his responsible supervising control or by another registered
 1424  interior designer and reviewed, approved, or modified and
 1425  adopted by her or him as her or his own work according to rules
 1426  adopted by the board.
 1427         (9) Studies, drawings, specifications, and other related
 1428  documents prepared by a registered interior designer in
 1429  providing interior design services shall be of a sufficiently
 1430  high standard to clearly and accurately indicate all essential
 1431  parts of the work to which they refer.
 1432         (7)(11) When the certificate of registration of a
 1433  registered architect or interior designer has been revoked or
 1434  suspended by the board, the registered architect or interior
 1435  designer shall surrender her or his seal to the secretary of the
 1436  board within a period of 30 days after the revocation or
 1437  suspension has become effective. If the certificate of the
 1438  registered architect or interior designer has been suspended for
 1439  a period of time, her or his seal shall be returned to her or
 1440  him upon expiration of the suspension period.
 1441         (8)(12) A person may not sign and seal by any means any
 1442  final plan, specification, or report after her or his
 1443  certificate of registration has expired or is suspended or
 1444  revoked. A registered architect or interior designer whose
 1445  certificate of registration is suspended or revoked shall,
 1446  within 30 days after the effective date of the suspension or
 1447  revocation, surrender her or his seal to the executive director
 1448  of the board and confirm in writing to the executive director
 1449  the cancellation of the registered architect’s or interior
 1450  designer’s electronic signature in accordance with ss. 668.001
 1451  668.006. When a registered architect’s or interior designer’s
 1452  certificate of registration is suspended for a period of time,
 1453  her or his seal shall be returned upon expiration of the period
 1454  of suspension.
 1455         Section 41. Section 481.222, Florida Statutes, is amended
 1456  to read:
 1457         481.222 Architects performing building code inspection
 1458  services.—Notwithstanding any other provision of law, a person
 1459  who is currently licensed to practice as an architect under this
 1460  part may provide building code inspection services described in
 1461  s. 468.603(5) and (8) to a local government or state agency upon
 1462  its request, without being certified by the Florida Building
 1463  Code Administrators and Inspectors Board under part XII of
 1464  chapter 468. With respect to the performance of such building
 1465  code inspection services, the architect is subject to the
 1466  disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
 1467  Any complaint processing, investigation, and discipline that
 1468  arise out of an architect’s performance of building code
 1469  inspection services shall be conducted by the Board of
 1470  Architecture and Landscape Architecture Interior Design rather
 1471  than the Florida Building Code Administrators and Inspectors
 1472  Board. An architect may not perform plans review as an employee
 1473  of a local government upon any job that the architect or the
 1474  architect’s company designed.
 1475         Section 42. Paragraphs (b) and (e) of subsection (1) of
 1476  section 481.223, Florida Statutes, are amended to read:
 1477         481.223 Prohibitions; penalties; injunctive relief.—
 1478         (1) A person may not knowingly:
 1479         (b) Use the name or title “architect,or “registered
 1480  architect,or “registered interior designer” when the person is
 1481  not then the holder of a valid license or certificate of
 1482  registration issued pursuant to this part. This paragraph does
 1483  not restrict the use of the name or title “interior designer” or
 1484  “interior design firm.”
 1485         (e) Use or attempt to use an architect license or interior
 1486  design certificate of registration that has been suspended,
 1487  revoked, or placed on inactive or delinquent status.
 1488         Section 43. Subsections (5), (6), and (7) of section
 1489  481.229, Florida Statutes, are amended to read:
 1490         481.229 Exceptions; exemptions from licensure.—
 1491         (5)(a) Nothing contained in this part shall prevent a
 1492  registered architect or a partnership, limited liability
 1493  company, or corporation holding a valid certificate of
 1494  authorization to provide architectural services from performing
 1495  any interior design service or from using the title “interior
 1496  designer” or “registered interior designer.”
 1497         (b) Notwithstanding any other provision of this part, all
 1498  persons licensed as architects under this part shall be
 1499  qualified for interior design registration upon submission of a
 1500  completed application for such license and a fee not to exceed
 1501  $30. Such persons shall be exempt from the requirements of s.
 1502  481.209(2). For architects licensed as interior designers,
 1503  satisfaction of the requirements for renewal of licensure as an
 1504  architect under s. 481.215 shall be deemed to satisfy the
 1505  requirements for renewal of registration as an interior designer
 1506  under that section. Complaint processing, investigation, or
 1507  other discipline-related legal costs related to persons licensed
 1508  as interior designers under this paragraph shall be assessed
 1509  against the architects’ account of the Regulatory Trust Fund.
 1510         (c) Notwithstanding any other provision of this part, any
 1511  corporation, partnership, or person operating under a fictitious
 1512  name which holds a certificate of authorization to provide
 1513  architectural services shall be qualified, without fee, for a
 1514  certificate of authorization to provide interior design services
 1515  upon submission of a completed application therefor. For
 1516  corporations, partnerships, and persons operating under a
 1517  fictitious name which hold a certificate of authorization to
 1518  provide interior design services, satisfaction of the
 1519  requirements for renewal of the certificate of authorization to
 1520  provide architectural services under s. 481.219 shall be deemed
 1521  to satisfy the requirements for renewal of the certificate of
 1522  authorization to provide interior design services under that
 1523  section.
 1524         (6) This part shall not apply to:
 1525         (a) A person who performs interior design services or
 1526  interior decorator services for any residential application. For
 1527  purposes of this paragraph, “residential applications” includes
 1528  all types of residences, including, but not limited to,
 1529  residence buildings, single-family homes, multifamily homes,
 1530  townhouses, apartments, condominiums, and domestic outbuildings
 1531  appurtenant to one-family or two-family residences.
 1532         (b) An employee of a retail establishment providing
 1533  “interior decorator services” on the premises of the retail
 1534  establishment or in the furtherance of a retail sale or
 1535  prospective retail sale, provided that such employee does not
 1536  advertise as, or represent himself or herself as, a registered
 1537  interior designer.
 1538         (7) Nothing in this part shall be construed as authorizing
 1539  or permitting an interior designer to engage in the business of,
 1540  or to act as, a contractor within the meaning of chapter 489,
 1541  unless registered or certified as a contractor pursuant to
 1542  chapter 489.
 1543         Section 44. Subsection (1) of section 481.231, Florida
 1544  Statutes, is amended, and subsection (2) of that section is
 1545  reenacted, to read:
 1546         481.231 Effect of part locally.—
 1547         (1) This part does not repeal, amend, limit, or otherwise
 1548  affect any specific provision of any local building code or
 1549  zoning law or ordinance that has been duly adopted, now or
 1550  hereafter enacted, which is more restrictive, with respect to
 1551  the services of registered architects or registered interior
 1552  designers, than this part; provided, however, that a licensed
 1553  architect shall be deemed registered as an interior designer for
 1554  purposes of offering or rendering interior design services to a
 1555  county, municipality, or other local government or political
 1556  subdivision.
 1557         (2) Counties or municipalities which issue building permits
 1558  shall not issue permits if it is apparent from the application
 1559  for the building permit that the provisions of this part have
 1560  been violated; provided, however, that this subsection shall not
 1561  authorize the withholding of building permits in cases involving
 1562  the exceptions and exemptions set out in s. 481.229.
 1563         Section 45. Subsection (1) of section 481.303, Florida
 1564  Statutes, is amended to read:
 1565         481.303 Definitions.—As used in this chapter, the term:
 1566         (1) “Board” means the Board of Architecture and Landscape
 1567  Architecture, as described in s. 481.203(3).
 1568         Section 46. Subsection (5) of section 489.107, Florida
 1569  Statutes, is amended to read:
 1570         489.107 Construction Industry Licensing Board.—
 1571         (5) Fifty-one percent or more of the appointed Five members
 1572  of Division I constitute a quorum, and 51 percent or more of the
 1573  appointed five members of Division II constitute a quorum. The
 1574  combined divisions shall meet together at such times as the
 1575  board deems necessary, but neither division, nor any committee
 1576  thereof, may shall take action on any matter under the
 1577  jurisdiction of the other division. However, if either division
 1578  is unable to obtain a quorum for the purpose of conducting
 1579  disciplinary proceedings, it may request members of the other
 1580  division, who are otherwise qualified to serve on the division
 1581  unable to obtain a quorum, to join in its deliberations. Such
 1582  additional members shall vote and count toward a quorum only
 1583  during those disciplinary proceedings.
 1584         Section 47. Subsection (4) of section 489.111, Florida
 1585  Statutes, is amended to read:
 1586         489.111 Licensure by examination.—
 1587         (4) The department shall ensure that a sensitivity review
 1588  committee has been established including representatives of
 1589  various ethnic/minority groups. No question found by this
 1590  committee to be discriminatory against any ethnic/minority group
 1591  shall be included in the examination.
 1592         Section 48. Paragraph (l) of subsection (8), paragraphs (a)
 1593  and (d) of subsection (9), and subsection (15) of section
 1594  499.012, Florida Statutes, are amended, and paragraph (a) of
 1595  subsection (5) and paragraph (a) of subsection (12) of that
 1596  section are reenacted, to read:
 1597         499.012 Permit application requirements.—
 1598         (5)(a) The department shall adopt rules for the biennial
 1599  renewal of permits; however, the department may issue up to a 4
 1600  year permit to selected permittees notwithstanding any other
 1601  provision of law. Fees for such renewal may not exceed the fee
 1602  caps set forth in s. 499.041 on an annualized basis as
 1603  authorized by law.
 1604         (8) An application for a permit or to renew a permit for a
 1605  prescription drug wholesale distributor or an out-of-state
 1606  prescription drug wholesale distributor submitted to the
 1607  department must include:
 1608         (l) The name of each of the applicant’s designated
 1609  representatives as required by subsection (15), together with
 1610  The personal information statement and fingerprints required
 1611  pursuant to subsection (9) for each such person.
 1612         (9)(a) Each person required by subsection (8) or subsection
 1613  (15) to provide a personal information statement and
 1614  fingerprints shall provide the following information to the
 1615  department on forms prescribed by the department:
 1616         1. The person’s places of residence for the past 7 years.
 1617         2. The person’s date and place of birth.
 1618         3. The person’s occupations, positions of employment, and
 1619  offices held during the past 7 years.
 1620         4. The principal business and address of any business,
 1621  corporation, or other organization in which each such office of
 1622  the person was held or in which each such occupation or position
 1623  of employment was carried on.
 1624         5. Whether the person has been, during the past 7 years,
 1625  the subject of any proceeding for the revocation of any license
 1626  and, if so, the nature of the proceeding and the disposition of
 1627  the proceeding.
 1628         6. Whether, during the past 7 years, the person has been
 1629  enjoined, temporarily or permanently, by a court of competent
 1630  jurisdiction from violating any federal or state law regulating
 1631  the possession, control, or distribution of prescription drugs,
 1632  together with details concerning any such event.
 1633         7. A description of any involvement by the person with any
 1634  business, including any investments, other than the ownership of
 1635  stock in a publicly traded company or mutual fund, during the
 1636  past 4 years, which manufactured, administered, prescribed,
 1637  distributed, or stored pharmaceutical products and any lawsuits
 1638  in which such businesses were named as a party.
 1639         8. A description of any felony criminal offense of which
 1640  the person, as an adult, was found guilty, regardless of whether
 1641  adjudication of guilt was withheld or whether the person pled
 1642  guilty or nolo contendere. A criminal offense committed in
 1643  another jurisdiction which would have been a felony in this
 1644  state must be reported. If the person indicates that a criminal
 1645  conviction is under appeal and submits a copy of the notice of
 1646  appeal of that criminal offense, the applicant must, within 15
 1647  days after the disposition of the appeal, submit to the
 1648  department a copy of the final written order of disposition.
 1649         9. A photograph of the person taken in the previous 180
 1650  days.
 1651         10. A set of fingerprints for the person on a form and
 1652  under procedures specified by the department, together with
 1653  payment of an amount equal to the costs incurred by the
 1654  department for the criminal record check of the person.
 1655         11. The name, address, occupation, and date and place of
 1656  birth for each member of the person’s immediate family who is 18
 1657  years of age or older. As used in this subparagraph, the term
 1658  “member of the person’s immediate family” includes the person’s
 1659  spouse, children, parents, siblings, the spouses of the person’s
 1660  children, and the spouses of the person’s siblings.
 1661         12. Any other relevant information that the department
 1662  requires.
 1663         (d) For purposes of applying for renewal of a permit under
 1664  subsection (8) or certification under subsection (15), a person
 1665  may submit the following in lieu of satisfying the requirements
 1666  of paragraphs (a), (b), and (c):
 1667         1. A photograph of the individual taken within 180 days;
 1668  and
 1669         2. A copy of the personal information statement form most
 1670  recently submitted to the department and a certification under
 1671  oath, on a form specified by the department, that the individual
 1672  has reviewed the previously submitted personal information
 1673  statement form and that the information contained therein
 1674  remains unchanged.
 1675         (12) A person that engages in wholesale distribution of
 1676  prescription drugs in this state must have a wholesale
 1677  distributor’s permit issued by the department, except as noted
 1678  in this section. Each establishment must be separately permitted
 1679  except as noted in this subsection.
 1680         (a) A separate establishment permit is not required when a
 1681  permitted prescription drug wholesale distributor consigns a
 1682  prescription drug to a pharmacy that is permitted under chapter
 1683  465 and located in this state, provided that:
 1684         1. The consignor wholesale distributor notifies the
 1685  department in writing of the contract to consign prescription
 1686  drugs to a pharmacy along with the identity and location of each
 1687  consignee pharmacy;
 1688         2. The pharmacy maintains its permit under chapter 465;
 1689         3. The consignor wholesale distributor, which has no legal
 1690  authority to dispense prescription drugs, complies with all
 1691  wholesale distribution requirements of s. 499.0121 with respect
 1692  to the consigned drugs and maintains records documenting the
 1693  transfer of title or other completion of the wholesale
 1694  distribution of the consigned prescription drugs;
 1695         4. The distribution of the prescription drug is otherwise
 1696  lawful under this chapter and other applicable law;
 1697         5. Open packages containing prescription drugs within a
 1698  pharmacy are the responsibility of the pharmacy, regardless of
 1699  how the drugs are titled; and
 1700         6. The pharmacy dispenses the consigned prescription drug
 1701  in accordance with the limitations of its permit under chapter
 1702  465 or returns the consigned prescription drug to the consignor
 1703  wholesale distributor. In addition, a person who holds title to
 1704  prescription drugs may transfer the drugs to a person permitted
 1705  or licensed to handle the reverse distribution or destruction of
 1706  drugs. Any other distribution by and means of the consigned
 1707  prescription drug by any person, not limited to the consignor
 1708  wholesale distributor or consignee pharmacy, to any other person
 1709  is prohibited.
 1710         (15)(a) Each establishment that is issued an initial or
 1711  renewal permit as a prescription drug wholesale distributor or
 1712  an out-of-state prescription drug wholesale distributor must
 1713  designate in writing to the department at least one natural
 1714  person to serve as the designated representative of the
 1715  wholesale distributor. Such person must have an active
 1716  certification as a designated representative from the
 1717  department.
 1718         (b) To be certified as a designated representative, a
 1719  natural person must:
 1720         1. Submit an application on a form furnished by the
 1721  department and pay the appropriate fees.
 1722         2. Be at least 18 years of age.
 1723         3. Have at least 2 years of verifiable full-time:
 1724         a. Work experience in a pharmacy licensed in this state or
 1725  another state, where the person’s responsibilities included, but
 1726  were not limited to, recordkeeping for prescription drugs;
 1727         b. Managerial experience with a prescription drug wholesale
 1728  distributor licensed in this state or in another state;
 1729         c. Managerial experience with the United States Armed
 1730  Forces, where the person’s responsibilities included, but were
 1731  not limited to, recordkeeping, warehousing, distributing, or
 1732  other logistics services pertaining to prescription drugs;
 1733         d. Managerial experience with a state or federal
 1734  organization responsible for regulating or permitting
 1735  establishments involved in the distribution of prescription
 1736  drugs, whether in an administrative or a sworn law enforcement
 1737  capacity; or
 1738         e. Work experience as a drug inspector or investigator with
 1739  a state or federal organization, whether in an administrative or
 1740  a sworn law enforcement capacity, where the person’s
 1741  responsibilities related primarily to compliance with state or
 1742  federal requirements pertaining to the distribution of
 1743  prescription drugs.
 1744         4. Receive a passing score of at least 75 percent on an
 1745  examination given by the department regarding federal laws
 1746  governing distribution of prescription drugs and this part and
 1747  the rules adopted by the department governing the wholesale
 1748  distribution of prescription drugs. This requirement shall be
 1749  effective 1 year after the results of the initial examination
 1750  are mailed to the persons that took the examination. The
 1751  department shall offer such examinations at least four times
 1752  each calendar year.
 1753         5. Provide the department with a personal information
 1754  statement and fingerprints pursuant to subsection (9).
 1755         (c) The department may deny an application for
 1756  certification as a designated representative or may suspend or
 1757  revoke a certification of a designated representative pursuant
 1758  to s. 499.067.
 1759         (d) A designated representative:
 1760         1. Must be actively involved in and aware of the actual
 1761  daily operation of the wholesale distributor.
 1762         2. Must be employed full time in a managerial position by
 1763  the wholesale distributor.
 1764         3. Must be physically present at the establishment during
 1765  normal business hours, except for time periods when absent due
 1766  to illness, family illness or death, scheduled vacation, or
 1767  other authorized absence.
 1768         4. May serve as a designated representative for only one
 1769  wholesale distributor at any one time.
 1770         (e) A wholesale distributor must notify the department when
 1771  a designated representative leaves the employ of the wholesale
 1772  distributor. Such notice must be provided to the department
 1773  within 10 business days after the last day of designated
 1774  representative’s employment with the wholesale distributor.
 1775         (f) A wholesale distributor may not operate under a
 1776  prescription drug wholesale distributor permit or an out-of
 1777  state prescription drug wholesale distributor permit for more
 1778  than 10 business days after the designated representative leaves
 1779  the employ of the wholesale distributor, unless the wholesale
 1780  distributor employs another designated representative and
 1781  notifies the department within 10 business days of the identity
 1782  of the new designated representative.
 1783         Section 49. Subsection (9) of section 499.0121, Florida
 1784  Statutes, is amended to read:
 1785         499.0121 Storage and handling of prescription drugs;
 1786  recordkeeping.—The department shall adopt rules to implement
 1787  this section as necessary to protect the public health, safety,
 1788  and welfare. Such rules shall include, but not be limited to,
 1789  requirements for the storage and handling of prescription drugs
 1790  and for the establishment and maintenance of prescription drug
 1791  distribution records.
 1792         (9) RESPONSIBLE PERSONS.—Wholesale distributors must
 1793  establish and maintain lists of officers, directors, managers,
 1794  designated representatives, and other persons in charge of
 1795  wholesale drug distribution, storage, and handling, including a
 1796  description of their duties and a summary of their
 1797  qualifications.
 1798         Section 50. Subsection (9) of section 499.041, Florida
 1799  Statutes, is amended to read:
 1800         499.041 Schedule of fees for drug, device, and cosmetic
 1801  applications and permits, product registrations, and free-sale
 1802  certificates.—
 1803         (9) The department shall assess each person applying for
 1804  certification as a designated representative a fee of $150, plus
 1805  the cost of processing the criminal history record check.
 1806         Section 51. Section 509.098, Florida Statutes, is amended
 1807  to read:
 1808         509.098 Rental for less than a one-night stay Prohibition
 1809  of hourly rates.—
 1810         (1) An operator of a public lodging establishment may not:
 1811  offer an hourly rate for an accommodation.
 1812         (a) Offer or charge an hourly rate for a room intended for
 1813  temporary lodging or sleeping purposes.
 1814         (b) Offer or rent a room intended for temporary lodging or
 1815  sleeping purposes on an hourly basis or for less than a one
 1816  night stay.
 1817         (c) Offer or provide a discount, rebate, or refund for
 1818  early checkout for a room intended for temporary lodging or
 1819  sleeping purposes.
 1820         (2) Paragraph (1)(a) This section does not apply to an
 1821  hourly rate charged by an operator of a public lodging
 1822  establishment as a late checkout fee.
 1823         Section 52. Subsection (1) of section 509.261, Florida
 1824  Statutes, is amended to read:
 1825         509.261 Revocation or suspension of licenses; fines;
 1826  procedure.—
 1827         (1) Any public lodging establishment or public food service
 1828  establishment that has operated or is operating in violation of
 1829  this chapter or the rules of the division, operating in
 1830  violation of s. 581.217(7), relating to the retail sale of
 1831  products containing hemp extract intended for human ingestion or
 1832  inhalation, operating without a license, or operating with a
 1833  suspended or revoked license may be subject by the division to:
 1834         (a) Fines not to exceed $1,000 per offense;
 1835         (b) Mandatory completion, at personal expense, of a
 1836  remedial educational program administered by a food safety
 1837  training program provider approved by the division, as provided
 1838  in s. 509.049; and
 1839         (c) The suspension, revocation, or refusal of a license
 1840  issued pursuant to this chapter.
 1841         Section 53. Section 553.73, Florida Statutes, is amended to
 1842  read:
 1843         553.73 Florida Building Code.—
 1844         (1)(a) The commission shall adopt, by rule pursuant to ss.
 1845  120.536(1) and 120.54, the Florida Building Code which shall
 1846  contain or incorporate by reference all laws and rules which
 1847  pertain to and govern the design, construction, erection,
 1848  alteration, modification, repair, and demolition of public and
 1849  private buildings, structures, and facilities and enforcement of
 1850  such laws and rules, except as otherwise provided in this
 1851  section.
 1852         (b) The technical portions of the Florida Accessibility
 1853  Code for Building Construction shall be contained in their
 1854  entirety in the Florida Building Code. The civil rights portions
 1855  and the technical portions of the accessibility laws of this
 1856  state shall remain as currently provided by law. Any revision or
 1857  amendments to the Florida Accessibility Code for Building
 1858  Construction pursuant to part II shall be considered adopted by
 1859  the commission as part of the Florida Building Code. Neither the
 1860  commission nor any local government shall revise or amend any
 1861  standard of the Florida Accessibility Code for Building
 1862  Construction except as provided for in part II.
 1863         (c) The Florida Fire Prevention Code and the Life Safety
 1864  Code shall be referenced in the Florida Building Code, but shall
 1865  be adopted, modified, revised, or amended, interpreted, and
 1866  maintained by the Department of Financial Services by rule
 1867  adopted pursuant to ss. 120.536(1) and 120.54. The Florida
 1868  Building Commission may not adopt a fire prevention or
 1869  lifesafety code, and nothing in the Florida Building Code shall
 1870  affect the statutory powers, duties, and responsibilities of any
 1871  fire official or the Department of Financial Services.
 1872         (d) Conflicting requirements between the Florida Building
 1873  Code and the Florida Fire Prevention Code and Life Safety Code
 1874  of the state established pursuant to ss. 633.206 and 633.208
 1875  shall be resolved by agreement between the commission and the
 1876  State Fire Marshal in favor of the requirement that offers the
 1877  greatest degree of lifesafety or alternatives that would provide
 1878  an equivalent degree of lifesafety and an equivalent method of
 1879  construction. If the commission and State Fire Marshal are
 1880  unable to agree on a resolution, the question shall be referred
 1881  to a mediator, mutually agreeable to both parties, to resolve
 1882  the conflict in favor of the provision that offers the greatest
 1883  lifesafety, or alternatives that would provide an equivalent
 1884  degree of lifesafety and an equivalent method of construction.
 1885         (e) Subject to the provisions of this act, responsibility
 1886  for enforcement, interpretation, and regulation of the Florida
 1887  Building Code are shall be vested in a specified local board or
 1888  agency, and the words “local government” and “local governing
 1889  body” as used in this part shall be construed to refer
 1890  exclusively to such local board or agency.
 1891         (2) The Florida Building Code shall contain provisions or
 1892  requirements for public and private buildings, structures, and
 1893  facilities relative to structural, mechanical, electrical,
 1894  plumbing, energy, and gas systems, existing buildings,
 1895  historical buildings, manufactured buildings, elevators, coastal
 1896  construction, lodging facilities, food sales and food service
 1897  facilities, health care facilities, including assisted living
 1898  facilities, adult day care facilities, hospice residential and
 1899  inpatient facilities and units, and facilities for the control
 1900  of radiation hazards, public or private educational facilities,
 1901  swimming pools, and correctional facilities and enforcement of
 1902  and compliance with such provisions or requirements. Further,
 1903  the Florida Building Code must provide for uniform
 1904  implementation of ss. 515.25, 515.27, and 515.29 by including
 1905  standards and criteria for residential swimming pool barriers,
 1906  pool covers, latching devices, door and window exit alarms, and
 1907  other equipment required therein, which are consistent with the
 1908  intent of s. 515.23. Technical provisions to be contained within
 1909  the Florida Building Code are restricted to requirements related
 1910  to the types of materials used and construction methods and
 1911  standards employed in order to meet criteria specified in the
 1912  Florida Building Code. Provisions relating to the personnel,
 1913  supervision or training of personnel, or any other professional
 1914  qualification requirements relating to contractors or their
 1915  workforce may not be included within the Florida Building Code,
 1916  and subsections (4)-(10) (4), (6), (7), (8), and (9) are not to
 1917  be construed to allow the inclusion of such provisions within
 1918  the Florida Building Code by amendment. This restriction applies
 1919  to both initial development and amendment of the Florida
 1920  Building Code.
 1921         (3) The commission shall use the International Codes
 1922  published by the International Code Council, the National
 1923  Electric Code (NFPA 70), or other nationally adopted model codes
 1924  and standards for updates to the Florida Building Code. The
 1925  commission may approve technical amendments to the code as
 1926  provided in subsections (9) and (10) (8) and (9), subject to all
 1927  of the following conditions:
 1928         (a) The proposed amendment must have been published on the
 1929  commission’s website for a minimum of 45 days and all the
 1930  associated documentation must have been made available to any
 1931  interested party before consideration by a technical advisory
 1932  committee.
 1933         (b) In order for a technical advisory committee to make a
 1934  favorable recommendation to the commission, the proposal must
 1935  receive a two-thirds vote of the members present at the meeting.
 1936  At least half of the regular members must be present in order to
 1937  conduct a meeting.
 1938         (c) After the technical advisory committee has considered
 1939  and recommended approval of any proposed amendment, the proposal
 1940  must be published on the commission’s website for at least 45
 1941  days before consideration by the commission.
 1942         (d) A proposal may be modified by the commission based on
 1943  public testimony and evidence from a public hearing held in
 1944  accordance with chapter 120.
 1945  
 1946  The commission shall incorporate within the Florida Building
 1947  Code provisions that address regional and local concerns and
 1948  variations. The commission shall make every effort to minimize
 1949  conflicts between the Florida Building Code, the Florida Fire
 1950  Prevention Code, and the Life Safety Code.
 1951         (4)(a) All entities authorized to enforce the Florida
 1952  Building Code under s. 553.80 shall comply with applicable
 1953  standards for issuance of mandatory certificates of occupancy,
 1954  minimum types of inspections, and procedures for plans review
 1955  and inspections as established by the commission by rule. Local
 1956  governments may adopt amendments to the administrative
 1957  provisions of the Florida Building Code, subject to the
 1958  limitations in this subsection (5). Local amendments must be
 1959  more stringent than the minimum standards described in this
 1960  section and must be transmitted to the commission within 30 days
 1961  after enactment. The local government shall make such amendments
 1962  available to the general public in a usable format. The State
 1963  Fire Marshal is responsible for establishing the standards and
 1964  procedures required in this subsection for governmental entities
 1965  with respect to applying the Florida Fire Prevention Code and
 1966  the Life Safety Code.
 1967         (5)(a)(b) Local governments may, subject to the limitations
 1968  in this section and not more than once every 6 months, adopt
 1969  amendments to the technical provisions of the Florida Building
 1970  Code that apply solely within the jurisdiction of such
 1971  government and that provide for more stringent requirements than
 1972  those specified in the Florida Building Code.
 1973         (b) A local government may adopt technical amendments that
 1974  address local needs if:
 1975         1. The local governing body determines, following a public
 1976  hearing which has been advertised in a newspaper of general
 1977  circulation at least 10 days before the hearing, that there is a
 1978  need to strengthen the requirements of the Florida Building
 1979  Code. The determination must be based upon a review of local
 1980  conditions by the local governing body, which review
 1981  demonstrates by evidence or data that the geographical
 1982  jurisdiction governed by the local governing body exhibits a
 1983  local need to strengthen the Florida Building Code beyond the
 1984  needs or regional variation addressed by the Florida Building
 1985  Code, that the local need is addressed by the proposed local
 1986  amendment, and that the amendment is no more stringent than
 1987  necessary to address the local need.
 1988         2. Such additional requirements are not discriminatory
 1989  against materials, products, or construction techniques of
 1990  demonstrated capabilities.
 1991         3. Such additional requirements may not introduce a new
 1992  subject not addressed in the Florida Building Code.
 1993         (c) The enforcing agency shall make readily available, in a
 1994  usable format, all amendments adopted under this section.
 1995         (d) Any amendment to the Florida Building Code shall be
 1996  transmitted within 30 days after adoption by the local
 1997  government to the commission. The commission shall maintain
 1998  copies of all such amendments in a format that is usable and
 1999  obtainable by the public. Local technical amendments are not
 2000  effective until 30 days after the amendment has been received
 2001  and published by the commission.
 2002         (e) An amendment to the Florida Building Code adopted by a
 2003  local government under this subsection is effective only until
 2004  the adoption of the new edition of the Florida Building Code by
 2005  the commission every third year. At such time, the commission
 2006  shall review such amendment for consistency with the criteria in
 2007  paragraph (10)(a) (9)(a) and adopt such amendment as part of the
 2008  Florida Building Code or rescind the amendment. The commission
 2009  shall immediately notify the respective local government of the
 2010  rescission of any amendment. After receiving such notice, the
 2011  respective local government may readopt the rescinded amendment
 2012  under the provisions of this subsection.
 2013         (f) Each county and municipality desiring to make local
 2014  technical amendments to the Florida Building Code shall
 2015  establish by interlocal agreement a countywide compliance review
 2016  board to review any amendment to the Florida Building Code that
 2017  is adopted by a local government within the county under this
 2018  subsection and that is challenged by a substantially affected
 2019  party for purposes of determining the amendment’s compliance
 2020  with this subsection. If challenged, the local technical
 2021  amendments are not effective until the time for filing an appeal
 2022  under paragraph (g) has expired or, if there is an appeal, until
 2023  the commission issues its final order determining if the adopted
 2024  amendment is in compliance with this subsection.
 2025         (g) If the compliance review board determines such
 2026  amendment is not in compliance with this subsection, the
 2027  compliance review board shall notify such local government of
 2028  the noncompliance and that the amendment is invalid and
 2029  unenforceable until the local government corrects the amendment
 2030  to bring it into compliance. The local government may appeal the
 2031  decision of the compliance review board to the commission. If
 2032  the compliance review board determines that such amendment is in
 2033  compliance with this subsection, any substantially affected
 2034  party may appeal such determination to the commission. Any such
 2035  appeal must be filed with the commission within 14 days after
 2036  the board’s written determination. The commission shall promptly
 2037  refer the appeal to the Division of Administrative Hearings by
 2038  electronic means through the division’s website for the
 2039  assignment of an administrative law judge. The administrative
 2040  law judge shall conduct the required hearing within 30 days
 2041  after being assigned to the appeal, and shall enter a
 2042  recommended order within 30 days after the conclusion of such
 2043  hearing. The commission shall enter a final order within 30 days
 2044  after an order is rendered. Chapter 120 and the uniform rules of
 2045  procedure shall apply to such proceedings. The local government
 2046  adopting the amendment that is subject to challenge has the
 2047  burden of proving that the amendment complies with this
 2048  subsection in proceedings before the compliance review board and
 2049  the commission, as applicable. Actions of the commission are
 2050  subject to judicial review under s. 120.68. The compliance
 2051  review board shall determine whether its decisions apply to a
 2052  respective local jurisdiction or apply countywide.
 2053         (h) An amendment adopted under this subsection must include
 2054  a fiscal impact statement that documents the costs and benefits
 2055  of the proposed amendment. Criteria for the fiscal impact
 2056  statement shall include the impact to local government relative
 2057  to enforcement and the impact to property and building owners
 2058  and industry relative to the cost of compliance. The fiscal
 2059  impact statement may not be used as a basis for challenging the
 2060  amendment for compliance.
 2061         (i) In addition to paragraphs (f) and (g), the commission
 2062  may review any amendments adopted under this subsection and make
 2063  nonbinding recommendations related to compliance of such
 2064  amendments with this subsection.
 2065         (j) Any amendment adopted by a local enforcing agency under
 2066  this subsection may not apply to state or school district owned
 2067  buildings, manufactured buildings or factory-built school
 2068  buildings approved by the commission, or prototype buildings
 2069  approved under s. 553.77(3). The respective responsible entities
 2070  shall consider the physical performance parameters
 2071  substantiating such amendments when designing, specifying, and
 2072  constructing such exempt buildings.
 2073         (k) A technical amendment to the Florida Building Code
 2074  related to water conservation practices or design criteria
 2075  adopted by a local government under this subsection is not void
 2076  when the code is updated if the technical amendment is necessary
 2077  to protect or provide for more efficient use of water resources
 2078  as provided in s. 373.621. However, any such technical amendment
 2079  carried forward into the next edition of the code under this
 2080  paragraph is subject to review or modification as provided in
 2081  this part.
 2082         (l) If a local government adopts a regulation, law,
 2083  ordinance, policy, amendment, or land use or zoning provision
 2084  without using the process established in this subsection, and a
 2085  substantially affected person considers such regulation, law,
 2086  ordinance, policy, amendment, or land use or zoning provision to
 2087  be a technical amendment to the Florida Building Code, then the
 2088  substantially affected person may submit a petition to the
 2089  commission for a nonbinding advisory opinion. If a substantially
 2090  affected person submits a request in accordance with this
 2091  paragraph, the commission shall issue a nonbinding advisory
 2092  opinion stating whether or not the commission interprets the
 2093  regulation, law, ordinance, policy, amendment, or land use or
 2094  zoning provision as a technical amendment to the Florida
 2095  Building Code. As used in this paragraph, the term “local
 2096  government” means a county, municipality, special district, or
 2097  political subdivision of the state.
 2098         1. Requests to review a local government regulation, law,
 2099  ordinance, policy, amendment, or land use or zoning provision
 2100  may be initiated by any substantially affected person. A
 2101  substantially affected person includes an owner or builder
 2102  subject to the regulation, law, ordinance, policy, amendment, or
 2103  land use or zoning provision, or an association of owners or
 2104  builders having members who are subject to the regulation, law,
 2105  ordinance, policy, amendment, or land use or zoning provision.
 2106         2. In order to initiate a review, a substantially affected
 2107  person must file a petition with the commission. The commission
 2108  shall adopt a form for the petition and directions for filing,
 2109  which shall be published on the Building Code Information
 2110  System. The form must shall, at a minimum, require the
 2111  following:
 2112         a. The name of the local government that enacted the
 2113  regulation, law, ordinance, policy, amendment, or land use or
 2114  zoning provision.
 2115         b. The name and address of the local government’s general
 2116  counsel or administrator.
 2117         c. The name, address, and telephone number of the
 2118  petitioner; the name, address, and telephone number of the
 2119  petitioner’s representative, if any; and an explanation of how
 2120  the petitioner’s substantial interests are being affected by the
 2121  regulation, law, ordinance, policy, amendment, or land use or
 2122  zoning provision.
 2123         d. A statement explaining why the regulation, law,
 2124  ordinance, policy, amendment, or land use or zoning provision is
 2125  a technical amendment to the Florida Building Code, and which
 2126  provisions of the Florida Building Code, if any, are being
 2127  amended by the regulation, law, ordinance, policy, amendment, or
 2128  land use or zoning provision.
 2129         3. The petitioner shall serve the petition on the local
 2130  government’s general counsel or administrator by certified mail,
 2131  return receipt requested, and send a copy of the petition to the
 2132  commission, in accordance with the commission’s published
 2133  directions. The local government shall respond to the petition
 2134  in accordance with the form by certified mail, return receipt
 2135  requested, and send a copy of its response to the commission,
 2136  within 14 days after receipt of the petition, including
 2137  Saturdays, Sundays, and legal holidays.
 2138         4. Upon receipt of a petition that meets the requirements
 2139  of this paragraph, the commission shall publish the petition,
 2140  including any response submitted by the local government, on the
 2141  Building Code Information System in a manner that allows
 2142  interested persons to address the issues by posting comments.
 2143         5. Before issuing an advisory opinion, the commission shall
 2144  consider the petition, the response, and any comments posted on
 2145  the Building Code Information System. The commission may also
 2146  provide the petition, the response, and any comments posted on
 2147  the Building Code Information System to a technical advisory
 2148  committee, and may consider any recommendation provided by the
 2149  technical advisory committee. The commission shall issue an
 2150  advisory opinion stating whether the regulation, law, ordinance,
 2151  policy, amendment, or land use or zoning provision is a
 2152  technical amendment to the Florida Building Code within 30 days
 2153  after the filing of the petition, including Saturdays, Sundays,
 2154  and legal holidays. The commission shall publish its advisory
 2155  opinion on the Building Code Information System and in the
 2156  Florida Administrative Register. The commission’s advisory
 2157  opinion is nonbinding and is not a declaratory statement under
 2158  s. 120.565.
 2159         (6)(5) Notwithstanding subsection (5) (4), counties and
 2160  municipalities may adopt by ordinance an administrative or
 2161  technical amendment to the Florida Building Code relating to
 2162  flood resistance in order to implement the National Flood
 2163  Insurance Program or incentives. Specifically, an administrative
 2164  amendment may assign the duty to enforce all or portions of
 2165  flood-related code provisions to the appropriate agencies of the
 2166  local government and adopt procedures for variances and
 2167  exceptions from flood-related code provisions other than
 2168  provisions for structures seaward of the coastal construction
 2169  control line consistent with the requirements in 44 C.F.R. s.
 2170  60.6. A technical amendment is authorized to the extent it is
 2171  more stringent than the code. A technical amendment is not
 2172  subject to the requirements of subsection (5) (4) and may not be
 2173  rendered void when the code is updated if the amendment is
 2174  adopted for the purpose of participating in the Community Rating
 2175  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
 2176  had already been adopted by local ordinance prior to July 1,
 2177  2010, or the amendment requires a design flood elevation above
 2178  the base flood elevation. Any amendment adopted under this
 2179  subsection shall be transmitted to the commission within 30 days
 2180  after being adopted. A municipality, county, or special district
 2181  may not use preliminary maps issued by the Federal Emergency
 2182  Management Agency for any law, ordinance, rule, or other measure
 2183  that has the effect of imposing land use changes or permits.
 2184         (7)(6) The initial adoption of, and any subsequent update
 2185  or amendment to, the Florida Building Code by the commission is
 2186  deemed adopted for use statewide without adoptions by local
 2187  government. For a building permit for which an application is
 2188  submitted prior to the effective date of the Florida Building
 2189  Code, the state minimum building code in effect in the
 2190  permitting jurisdiction on the date of the application governs
 2191  the permitted work for the life of the permit and any extension
 2192  granted to the permit.
 2193         (8)(a)(7)(a) The commission shall adopt an updated Florida
 2194  Building Code every 3 years through review of the most current
 2195  updates of the International Building Code, the International
 2196  Fuel Gas Code, the International Existing Building Code, the
 2197  International Mechanical Code, the International Plumbing Code,
 2198  and the International Residential Code, all of which are
 2199  copyrighted and published by the International Code Council, and
 2200  the National Electrical Code, which is copyrighted and published
 2201  by the National Fire Protection Association. At a minimum, the
 2202  commission shall adopt any updates to such codes or any other
 2203  code necessary to maintain eligibility for federal funding and
 2204  discounts from the National Flood Insurance Program, the Federal
 2205  Emergency Management Agency, and the United States Department of
 2206  Housing and Urban Development. The commission shall also review
 2207  and adopt updates based on the International Energy Conservation
 2208  Code (IECC); however, the commission shall maintain the
 2209  efficiencies of the Florida Energy Efficiency Code for Building
 2210  Construction adopted and amended pursuant to s. 553.901. Every 3
 2211  years, the commission may approve updates to the Florida
 2212  Building Code without a finding that the updates are needed in
 2213  order to accommodate the specific needs of this state. The
 2214  commission shall adopt updated codes by rule.
 2215         (b) Codes regarding noise contour lines shall be reviewed
 2216  annually, and the most current federal guidelines shall be
 2217  adopted.
 2218         (c) The commission may also adopt as a technical amendment
 2219  to the Florida Building Code any portion of the codes identified
 2220  in paragraph (a), but only as needed to accommodate the specific
 2221  needs of this state. Standards or criteria adopted from these
 2222  codes shall be incorporated by reference to the specific
 2223  provisions adopted. If a referenced standard or criterion
 2224  requires amplification or modification to be appropriate for use
 2225  in this state, only the amplification or modification shall be
 2226  set forth in the Florida Building Code. The commission may
 2227  approve technical amendments to the updated Florida Building
 2228  Code after the amendments have been subject to the conditions
 2229  set forth in paragraphs (3)(a)-(d). Amendments that are adopted
 2230  in accordance with this subsection shall be clearly marked in
 2231  printed versions of the Florida Building Code so that the fact
 2232  that the provisions are amendments is readily apparent.
 2233         (d) The commission shall further consider the commission’s
 2234  own interpretations, declaratory statements, appellate
 2235  decisions, and approved statewide and local technical amendments
 2236  and shall incorporate such interpretations, statements,
 2237  decisions, and amendments into the updated Florida Building Code
 2238  only to the extent that they are needed to accommodate the
 2239  specific needs of the state. A change made by an institute or
 2240  standards organization to any standard or criterion that is
 2241  adopted by reference in the Florida Building Code does not
 2242  become effective statewide until it has been adopted by the
 2243  commission. Furthermore, the edition of the Florida Building
 2244  Code which is in effect on the date of application for any
 2245  permit authorized by the code governs the permitted work for the
 2246  life of the permit and any extension granted to the permit.
 2247         (e) A rule updating the Florida Building Code in accordance
 2248  with this subsection shall take effect no sooner than 6 months
 2249  after publication of the updated code. Any amendment to the
 2250  Florida Building Code which is adopted upon a finding by the
 2251  commission that the amendment is necessary to protect the public
 2252  from immediate threat of harm takes effect immediately. If
 2253  energy code compliance software is not approved by the
 2254  commission at least 3 months before the effective date of the
 2255  updated Florida Building Code, the commission may delay the
 2256  effective date of the energy provisions of the Florida Building
 2257  Code for up to 3 additional months.
 2258         (f) Provisions of the Florida Building Code, including
 2259  those contained in referenced standards and criteria, relating
 2260  to wind resistance or the prevention of water intrusion may not
 2261  be modified to diminish those construction requirements;
 2262  however, the commission may, subject to conditions in this
 2263  subsection, modify the provisions to enhance those construction
 2264  requirements.
 2265         (g) The commission shall modify the Florida Building Code
 2266  to state that sealed drawings by a design professional are not
 2267  required for the replacement of windows, doors, or garage doors
 2268  in an existing one-family or two-family dwelling or townhouse if
 2269  all of the following conditions are met:
 2270         1. The replacement windows, doors, or garage doors are
 2271  installed in accordance with the manufacturer’s instructions for
 2272  the appropriate wind zone.
 2273         2. The replacement windows, doors, or garage doors meet the
 2274  design pressure requirements in the most recent version of the
 2275  Florida Building Code, Residential.
 2276         3. A copy of the manufacturer’s instructions is submitted
 2277  with the permit application in a printed or digital format.
 2278         4. The replacement windows, doors, or garage doors are the
 2279  same size and are installed in the same opening as the existing
 2280  windows, doors, or garage doors.
 2281         (9)(8) Notwithstanding subsection (3) or subsection (8)
 2282  (7), the commission may address issues identified in this
 2283  subsection by amending the code under the rule adoption
 2284  procedures in chapter 120. Updates to the Florida Building Code,
 2285  including provisions contained in referenced standards and
 2286  criteria which relate to wind resistance or the prevention of
 2287  water intrusion, may not be amended under this subsection to
 2288  diminish those standards; however, the commission may amend the
 2289  Florida Building Code to enhance such standards. Following the
 2290  approval of any amendments to the Florida Building Code by the
 2291  commission and publication of the amendments on the commission’s
 2292  website, authorities having jurisdiction to enforce the Florida
 2293  Building Code may enforce the amendments.
 2294         (a) The commission may approve amendments that are needed
 2295  to address:
 2296         1. Conflicts within the updated code;
 2297         2. Conflicts between the updated code and the Florida Fire
 2298  Prevention Code adopted under chapter 633;
 2299         3. Unintended results from the integration of previously
 2300  adopted amendments with the model code;
 2301         4. Equivalency of standards;
 2302         5. Changes to or inconsistencies with federal or state law;
 2303  or
 2304         6. Adoption of an updated edition of the National
 2305  Electrical Code if the commission finds that delay of
 2306  implementing the updated edition causes undue hardship to
 2307  stakeholders or otherwise threatens the public health, safety,
 2308  and welfare.
 2309         (b) The commission may issue errata to the code pursuant to
 2310  the rule adoption procedures in chapter 120 to list demonstrated
 2311  errors in provisions contained within the Florida Building Code.
 2312  The determination of such errors and the issuance of errata to
 2313  the code must be approved by a 75-percent supermajority vote of
 2314  the commission. For purposes of this paragraph, “errata to the
 2315  code” means a list of errors on current and previous editions of
 2316  the Florida Building Code.
 2317         (10)(a)(9)(a) The commission may approve technical
 2318  amendments to the Florida Building Code once each year for
 2319  statewide or regional application upon a finding that the
 2320  amendment:
 2321         1. Is needed in order to accommodate the specific needs of
 2322  this state.
 2323         2. Has a reasonable and substantial connection with the
 2324  health, safety, and welfare of the general public.
 2325         3. Strengthens or improves the Florida Building Code, or in
 2326  the case of innovation or new technology, will provide
 2327  equivalent or better products or methods or systems of
 2328  construction.
 2329         4. Does not discriminate against materials, products,
 2330  methods, or systems of construction of demonstrated
 2331  capabilities.
 2332         5. Does not degrade the effectiveness of the Florida
 2333  Building Code.
 2334  
 2335  The Florida Building Commission may approve technical amendments
 2336  to the code once each year to incorporate into the Florida
 2337  Building Code its own interpretations of the code which are
 2338  embodied in its opinions, final orders, declaratory statements,
 2339  and interpretations of hearing officer panels under s.
 2340  553.775(3)(c), but only to the extent that the incorporation of
 2341  interpretations is needed to modify the code to accommodate the
 2342  specific needs of this state. Amendments approved under this
 2343  paragraph shall be adopted by rule after the amendments have
 2344  been subjected to subsection (3).
 2345         (b) A proposed amendment must include a fiscal impact
 2346  statement that documents the costs and benefits of the proposed
 2347  amendment. Criteria for the fiscal impact statement shall be
 2348  established by rule by the commission and shall include the
 2349  impact to local government relative to enforcement, the impact
 2350  to property and building owners, and the impact to industry,
 2351  relative to the cost of compliance. The amendment must
 2352  demonstrate by evidence or data that the state’s geographical
 2353  jurisdiction exhibits a need to strengthen the code beyond the
 2354  needs or regional variations addressed by the code and why the
 2355  proposed amendment applies to this state.
 2356         (c) The commission may not approve any proposed amendment
 2357  that does not accurately and completely address all requirements
 2358  for amendment which are set forth in this section. The
 2359  commission shall require all proposed amendments and information
 2360  submitted with proposed amendments to be reviewed by commission
 2361  staff prior to consideration by any technical advisory
 2362  committee. These reviews shall be for sufficiency only and are
 2363  not intended to be qualitative in nature. Staff members shall
 2364  reject any proposed amendment that fails to include a fiscal
 2365  impact statement. Proposed amendments rejected by members of the
 2366  staff may not be considered by the commission or any technical
 2367  advisory committee.
 2368         (d) Provisions of the Florida Building Code, including
 2369  those contained in referenced standards and criteria, relating
 2370  to wind resistance or the prevention of water intrusion may not
 2371  be amended pursuant to this subsection to diminish those
 2372  construction requirements; however, the commission may, subject
 2373  to conditions in this subsection, amend the provisions to
 2374  enhance those construction requirements.
 2375         (11)(10) The following buildings, structures, and
 2376  facilities are exempt from the Florida Building Code as provided
 2377  by law, and any further exemptions shall be as determined by the
 2378  Legislature and provided by law:
 2379         (a) Buildings and structures specifically regulated and
 2380  preempted by the Federal Government.
 2381         (b) Railroads and ancillary facilities associated with the
 2382  railroad.
 2383         (c) Nonresidential farm buildings on farms.
 2384         (d) Temporary buildings or sheds used exclusively for
 2385  construction purposes.
 2386         (e) Mobile or modular structures used as temporary offices,
 2387  except that the provisions of part II relating to accessibility
 2388  by persons with disabilities apply to such mobile or modular
 2389  structures.
 2390         (f) Those structures or facilities of electric utilities,
 2391  as defined in s. 366.02, which are directly involved in the
 2392  generation, transmission, or distribution of electricity.
 2393         (g) Temporary sets, assemblies, or structures used in
 2394  commercial motion picture or television production, or any
 2395  sound-recording equipment used in such production, on or off the
 2396  premises.
 2397         (h) Storage sheds that are not designed for human
 2398  habitation and that have a floor area of 720 square feet or less
 2399  are not required to comply with the mandatory wind-borne-debris
 2400  impact standards of the Florida Building Code. In addition, such
 2401  buildings that are 400 square feet or less and that are intended
 2402  for use in conjunction with one- and two-family residences are
 2403  not subject to the door height and width requirements of the
 2404  Florida Building Code.
 2405         (i) Chickees constructed by the Miccosukee Tribe of Indians
 2406  of Florida or the Seminole Tribe of Florida. As used in this
 2407  paragraph, the term “chickee” means an open-sided wooden hut
 2408  that has a thatched roof of palm or palmetto or other
 2409  traditional materials, and that does not incorporate any
 2410  electrical, plumbing, or other nonwood features.
 2411         (j) Family mausoleums not exceeding 250 square feet in area
 2412  which are prefabricated and assembled on site or preassembled
 2413  and delivered on site and have walls, roofs, and a floor
 2414  constructed of granite, marble, or reinforced concrete.
 2415         (k) A building or structure having less than 1,000 square
 2416  feet which is constructed and owned by a natural person for
 2417  hunting and which is repaired or reconstructed to the same
 2418  dimension and condition as existed on January 1, 2011, if the
 2419  building or structure:
 2420         1. Is not rented or leased or used as a principal
 2421  residence;
 2422         2. Is not located within the 100-year floodplain according
 2423  to the Federal Emergency Management Agency’s current Flood
 2424  Insurance Rate Map; and
 2425         3. Is not connected to an offsite electric power or water
 2426  supply.
 2427         (l) A drone port as defined in s. 330.41(2).
 2428  
 2429  With the exception of paragraphs (a), (b), (c), and (f), in
 2430  order to preserve the health, safety, and welfare of the public,
 2431  the Florida Building Commission may, by rule adopted pursuant to
 2432  chapter 120, provide for exceptions to the broad categories of
 2433  buildings exempted in this section, including exceptions for
 2434  application of specific sections of the code or standards
 2435  adopted therein. The Department of Agriculture and Consumer
 2436  Services shall have exclusive authority to adopt by rule,
 2437  pursuant to chapter 120, exceptions to nonresidential farm
 2438  buildings exempted in paragraph (c) when reasonably necessary to
 2439  preserve public health, safety, and welfare. The exceptions must
 2440  be based upon specific criteria, such as under-roof floor area,
 2441  aggregate electrical service capacity, HVAC system capacity, or
 2442  other building requirements. Further, the commission may
 2443  recommend to the Legislature additional categories of buildings,
 2444  structures, or facilities which should be exempted from the
 2445  Florida Building Code, to be provided by law. The Florida
 2446  Building Code does not apply to temporary housing provided by
 2447  the Department of Corrections to any prisoner in the state
 2448  correctional system.
 2449         (12)(a)(11)(a) In the event of a conflict between the
 2450  Florida Building Code and the Florida Fire Prevention Code and
 2451  the Life Safety Code as applied to a specific project, the
 2452  conflict shall be resolved by agreement between the local
 2453  building code enforcement official and the local fire code
 2454  enforcement official in favor of the requirement of the code
 2455  which offers the greatest degree of lifesafety or alternatives
 2456  which would provide an equivalent degree of lifesafety and an
 2457  equivalent method of construction. Local boards created to
 2458  address issues arising under the Florida Building Code or the
 2459  Florida Fire Prevention Code may combine the appeals boards to
 2460  create a single, local board having jurisdiction over matters
 2461  arising under either code or both codes. The combined local
 2462  appeals board may grant alternatives or modifications through
 2463  procedures outlined in NFPA 1, Section 1.4, but may not waive
 2464  the requirements of the Florida Fire Prevention Code. To meet
 2465  the quorum requirement for convening the combined local appeals
 2466  board, at least one member of the board who is a fire protection
 2467  contractor, a fire protection design professional, a fire
 2468  department operations professional, or a fire code enforcement
 2469  professional must be present.
 2470         (b) Any decision made by the local fire official regarding
 2471  application, interpretation, or enforcement of the Florida Fire
 2472  Prevention Code or by the local building official regarding
 2473  application, interpretation, or enforcement of the Florida
 2474  Building Code, or the appropriate application of either code or
 2475  both codes in the case of a conflict between the codes, may be
 2476  appealed to a local administrative board designated by the
 2477  municipality, county, or special district having firesafety
 2478  responsibilities. If the decision of the local fire official and
 2479  the local building official is to apply the provisions of either
 2480  the Florida Building Code or the Florida Fire Prevention Code
 2481  and the Life Safety Code, the board may not alter the decision
 2482  unless the board determines that the application of such code is
 2483  not reasonable. If the decision of the local fire official and
 2484  the local building official is to adopt an alternative to the
 2485  codes, the local administrative board shall give due regard to
 2486  the decision rendered by the local officials and may modify that
 2487  decision if the administrative board adopts a better
 2488  alternative, taking into consideration all relevant
 2489  circumstances. In any case in which the local administrative
 2490  board adopts alternatives to the decision rendered by the local
 2491  fire official and the local building official, such alternatives
 2492  shall provide an equivalent degree of lifesafety and an
 2493  equivalent method of construction as the decision rendered by
 2494  the local officials.
 2495         (c) If the local building official and the local fire
 2496  official are unable to agree on a resolution of the conflict
 2497  between the Florida Building Code and the Florida Fire
 2498  Prevention Code and the Life Safety Code, the local
 2499  administrative board shall resolve the conflict in favor of the
 2500  code which offers the greatest degree of lifesafety or
 2501  alternatives which would provide an equivalent degree of
 2502  lifesafety and an equivalent method of construction.
 2503         (d) All decisions of the local administrative board or, if
 2504  none exists, the local building official and the local fire
 2505  official in regard to the application, enforcement, or
 2506  interpretation of the Florida Fire Prevention Code, or conflicts
 2507  between the Florida Fire Prevention Code and the Florida
 2508  Building Code, are subject to review by a joint committee
 2509  composed of members of the Florida Building Commission and the
 2510  Fire Code Advisory Council. If the joint committee is unable to
 2511  resolve conflicts between the codes as applied to a specific
 2512  project, the matter shall be resolved pursuant to paragraph
 2513  (1)(d). Decisions of the local administrative board related
 2514  solely to the Florida Building Code are subject to review as set
 2515  forth in s. 553.775.
 2516         (e) The local administrative board shall, to the greatest
 2517  extent possible, be composed of members with expertise in
 2518  building construction and firesafety standards.
 2519         (f) All decisions of the local building official and local
 2520  fire official and all decisions of the administrative board
 2521  shall be in writing and shall be binding upon a person but do
 2522  not limit the authority of the State Fire Marshal or the Florida
 2523  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
 2524  and 633.228. Decisions of general application shall be indexed
 2525  by building and fire code sections and shall be available for
 2526  inspection during normal business hours.
 2527         (13)(12) Except within coastal building zones as defined in
 2528  s. 161.54, specification standards developed by nationally
 2529  recognized code promulgation organizations to determine
 2530  compliance with engineering criteria of the Florida Building
 2531  Code for wind load design shall not apply to one or two family
 2532  dwellings which are two stories or less in height unless
 2533  approved by the commission for use or unless expressly made
 2534  subject to said standards and criteria by local ordinance
 2535  adopted in accordance with the provisions of subsection (5) (4).
 2536         (14)(13) The Florida Building Code does not apply to, and
 2537  no code enforcement action shall be brought with respect to,
 2538  zoning requirements, land use requirements, and owner
 2539  specifications or programmatic requirements which do not pertain
 2540  to and govern the design, construction, erection, alteration,
 2541  modification, repair, or demolition of public or private
 2542  buildings, structures, or facilities or to programmatic
 2543  requirements that do not pertain to enforcement of the Florida
 2544  Building Code. Additionally, a local code enforcement agency may
 2545  not administer or enforce the Florida Building Code to prevent
 2546  the siting of any publicly owned facility, including, but not
 2547  limited to, correctional facilities, juvenile justice
 2548  facilities, or state universities, community colleges, or public
 2549  education facilities, as provided by law.
 2550         (15)(14) The general provisions of the Florida Building
 2551  Code for buildings and other structures do shall not apply to
 2552  commercial wireless communication towers when such general
 2553  provisions are inconsistent with the provisions of the code
 2554  controlling radio and television towers. This subsection is
 2555  intended to be remedial in nature and to clarify existing law.
 2556         (16)(15) An agency or local government may not require that
 2557  existing mechanical equipment located on or above the surface of
 2558  a roof be installed in compliance with the requirements of the
 2559  Florida Building Code except during reroofing when the equipment
 2560  is being replaced or moved and is not in compliance with the
 2561  provisions of the Florida Building Code relating to roof-mounted
 2562  mechanical units.
 2563         (17)(16) The Florida Building Code must require that the
 2564  illumination in classroom units be designed to provide and
 2565  maintain an average of 40 foot-candles of light at each desktop.
 2566  Public educational facilities must consider using light-emitting
 2567  diode lighting before considering other lighting sources.
 2568         (18)(17) A provision of the International Residential Code
 2569  relating to mandated fire sprinklers may not be incorporated
 2570  into the Florida Building Code as adopted by the Florida
 2571  Building Commission and may not be adopted as a local amendment
 2572  to the Florida Building Code. This subsection does not prohibit
 2573  the application of cost-saving incentives for residential fire
 2574  sprinklers that are authorized in the International Residential
 2575  Code upon a mutual agreement between the builder and the code
 2576  official. This subsection does not apply to a local government
 2577  that has a lawfully adopted ordinance relating to fire
 2578  sprinklers which has been in effect since January 1, 2010.
 2579         (19)(18) In a single-family dwelling, makeup air is not
 2580  required for range hood exhaust systems capable of exhausting:
 2581         (a) Four hundred cubic feet per minute or less; or
 2582         (b) More than 400 cubic feet per minute but no more than
 2583  800 cubic feet per minute if there are no gravity vent
 2584  appliances within the conditioned living space of the structure.
 2585         (20)(19) The Florida Building Code shall require two fire
 2586  service access elevators in all buildings with a height greater
 2587  than 120 feet measured from the elevation of street-level access
 2588  to the level of the highest occupiable floor. All remaining
 2589  elevators, if any, shall be provided with Phase I and II
 2590  emergency operations. Where a fire service access elevator is
 2591  required, a 1-hour fire-rated fire service access elevator lobby
 2592  with direct access from the fire service access elevator is not
 2593  required if the fire service access elevator opens into an exit
 2594  access corridor that is no less than 6 feet wide for its entire
 2595  length and is at least 150 square feet with the exception of
 2596  door openings, and has a minimum 1-hour fire rating with three
 2597  quarter hour fire and smoke rated openings; and during a fire
 2598  event the fire service access elevator is pressurized and floor
 2599  to-floor smoke control is provided. However, where transient
 2600  residential occupancies occur at floor levels more than 420 feet
 2601  above the level of fire service access, a 1-hour fire-rated
 2602  service access elevator lobby with direct access from the fire
 2603  service access elevator is required. Standpipes in high-rise
 2604  buildings of Florida Building Code—Building Occupancy Group R1
 2605  or R2 must be located in stairwells and are subject only to the
 2606  requirements of the Florida Fire Prevention Code and NFPA 14,
 2607  Standard for the Installation of Standpipes and Hose Systems,
 2608  adopted by the State Fire Marshal.
 2609         (21)(20) The Florida Building Commission may not:
 2610         (a) Adopt the 2016 version of the American Society of
 2611  Heating, Refrigerating and Air-Conditioning Engineers Standard
 2612  9.4.1.1(g).
 2613         (b) Adopt any provision that requires a door located in the
 2614  opening between a garage and a single-family residence to be
 2615  equipped with a self-closing device.
 2616         Section 54. Section 569.002, Florida Statutes, is
 2617  reordered, to read:
 2618         569.002 Definitions.—As used in this part, the term:
 2619         (2)(1) “Dealer” is synonymous with the term “retail tobacco
 2620  products dealer.”
 2621         (3)(2) “Division” means the Division of Alcoholic Beverages
 2622  and Tobacco of the Department of Business and Professional
 2623  Regulation.
 2624         (5)(3) “Nicotine product” has the same meaning as in s.
 2625  569.31.
 2626         (4) “Nicotine dispensing device” has the same meaning as in
 2627  s. 569.31.
 2628         (6)(5) “Permit” is synonymous with the term “retail tobacco
 2629  products dealer permit.”
 2630         (7)(6) “Retail tobacco products dealer” means the holder of
 2631  a retail tobacco products dealer permit.
 2632         (8)(7) “Retail tobacco products dealer permit” means a
 2633  permit issued by the division pursuant to s. 569.003.
 2634         (9)(8) “Tobacco products” includes loose tobacco leaves,
 2635  and products made from tobacco leaves, in whole or in part, and
 2636  cigarette wrappers, which can be used for smoking, sniffing, or
 2637  chewing.
 2638         (1)(9) “Any person under the age of 21” does not include
 2639  any person under the age of 21 who:
 2640         (a) Is in the military reserve or on active duty in the
 2641  Armed Forces of the United States; or
 2642         (b) Is acting in his or her scope of lawful employment with
 2643  an entity licensed under the provisions of chapter 210 or this
 2644  part.
 2645         Section 55. Section 569.006, Florida Statutes, is amended
 2646  to read:
 2647         569.006 Retail tobacco products dealers; administrative
 2648  penalties.—The division may suspend or revoke the permit of the
 2649  dealer upon sufficient cause appearing of the violation of any
 2650  of the provisions of this chapter, or any violation of the laws
 2651  of this state or any state or territory of the United States
 2652  including part II of this chapter if the dealer deals, at
 2653  retail, in nicotine products within this the state or allows a
 2654  nicotine products vending machine to be located on its premises
 2655  within this the state, by a dealer or by a dealer’s agent or
 2656  employee. The division may also assess and accept administrative
 2657  fines of up to $1,000 against a dealer for each violation. The
 2658  division shall deposit all fines collected into the General
 2659  Revenue Fund as collected. An order imposing an administrative
 2660  fine becomes effective 15 days after the date of the order. The
 2661  division may suspend the imposition of a penalty against a
 2662  dealer, conditioned upon the dealer’s compliance with terms the
 2663  division considers appropriate.
 2664         Section 56. Present paragraphs (e), (f), and (g) of
 2665  subsection (3) of section 581.217, Florida Statutes, are
 2666  redesignated as paragraphs (f), (g), and (h), respectively, a
 2667  new paragraph (e) is added to that subsection, and paragraphs
 2668  (e) and (f) are added to subsection (11) of that section, to
 2669  read:
 2670         581.217 State hemp program.—
 2671         (3) DEFINITIONS.—As used in this section, the term:
 2672         (e) “Division” means the Division of Alcoholic Beverages
 2673  and Tobacco of the Department of Business and Professional
 2674  Regulation.
 2675         (11) ENFORCEMENT.—
 2676         (e) The division may assist any agent of the department in
 2677  enforcing subsection (7) and the rules adopted by the department
 2678  relating to the retail sale of products containing hemp extract
 2679  intended for human ingestion or inhalation.
 2680         (f) The division is authorized to enter any public or
 2681  private premises during regular business hours in the
 2682  performance of its duties relating to the retail sale of
 2683  products containing hemp extract intended for human ingestion or
 2684  inhalation.
 2685         Section 57. Subsections (1) and (2) of section 713.03,
 2686  Florida Statutes, are amended to read:
 2687         713.03 Liens for professional services.—
 2688         (1) Any person who performs services as architect,
 2689  landscape architect, interior designer, engineer, or surveyor
 2690  and mapper, subject to compliance with and the limitations
 2691  imposed by this part, has a lien on the real property improved
 2692  for any money that is owing to him or her for his or her
 2693  services used in connection with improving the real property or
 2694  for his or her services in supervising any portion of the work
 2695  of improving the real property, rendered in accordance with his
 2696  or her contract and with the direct contract.
 2697         (2) Any architect, landscape architect, interior designer,
 2698  engineer, or surveyor and mapper who has a direct contract and
 2699  who in the practice of his or her profession shall perform
 2700  services, by himself or herself or others, in connection with a
 2701  specific parcel of real property and subject to such said
 2702  compliances and limitations, shall have a lien upon such real
 2703  property for the money owing to him or her for his or her
 2704  professional services, regardless of whether such real property
 2705  is actually improved.
 2706         Section 58. Present subsections (3), (4), and (5) of
 2707  section 326.002, Florida Statutes, are redesignated as
 2708  subsections (4), (5), and (3) respectively, and subsection (2)
 2709  of that section is amended, to read:
 2710         326.002 Definitions.—As used in ss. 326.001-326.006, the
 2711  term:
 2712         (2) “Division” means the Division of Professions Florida
 2713  Condominiums, Timeshares, and Mobile Homes of the Department of
 2714  Business and Professional Regulation.
 2715         Section 59. Subsection (3) of section 326.006, Florida
 2716  Statutes, is amended to read:
 2717         326.006 Powers and duties of division.—
 2718         (3) All fees must be deposited in the Professional
 2719  Regulation Division of Florida Condominiums, Timeshares, and
 2720  Mobile Homes Trust Fund as provided by law.
 2721         Section 60. Section 468.384, Florida Statutes, is amended
 2722  to read:
 2723         468.384 Rulemaking authority Florida Board of Auctioneers.—
 2724         (1) There is created in the department the Florida Board of
 2725  Auctioneers. The board shall be composed of five members
 2726  appointed by the Governor and confirmed by the Senate, two of
 2727  whom shall have been actively and principally engaged as
 2728  auctioneers for a period of not less than 5 years preceding
 2729  their appointment, one of whom shall be a principal of an
 2730  auction company, and two of whom shall be laypersons. Members
 2731  shall serve for terms of 4 years.
 2732         (2) The department may board has authority to adopt rules
 2733  pursuant to ss. 120.536(1) and 120.54 to implement the
 2734  provisions of this act conferring duties upon it.
 2735         (2)(3) The department board shall receive and act upon
 2736  applications for auctioneer, apprentice, and auction business
 2737  licenses and shall have the power to issue, suspend, and revoke
 2738  such licenses and to take such other action as is necessary to
 2739  carry out the provisions of this act.
 2740         Section 61. Subsections (1), (4), (5), (6) and paragraph
 2741  (b) of subsection (7) of section 468.385, Florida Statutes, are
 2742  amended, and subsection (3) of that section is reenacted, to
 2743  read:
 2744         468.385 Licenses required; qualifications; examination.—
 2745         (1) The department shall license any applicant who it the
 2746  board certifies is qualified to practice auctioneering.
 2747         (3) No person shall be licensed as an auctioneer or
 2748  apprentice if he or she:
 2749         (a) Is under 18 years of age; or
 2750         (b) Has committed any act or offense in this state or any
 2751  other jurisdiction which would constitute a basis for
 2752  disciplinary action under s. 468.389.
 2753         (4) Any person seeking a license as an auctioneer must pass
 2754  a written examination approved by the department board which
 2755  tests his or her general knowledge of the laws of this state
 2756  relating to provisions of the Uniform Commercial Code that are
 2757  relevant to auctions, the laws of agency, and the provisions of
 2758  this act.
 2759         (5) Each apprentice application and license shall name a
 2760  licensed auctioneer who has agreed to serve as the supervisor of
 2761  the apprentice. An No apprentice may not conduct, or contract to
 2762  conduct, an auction without the express approval of his or her
 2763  supervisor. The supervisor shall regularly review the
 2764  apprentice’s records, which are required by the department board
 2765  to be maintained, to determine whether if such records are
 2766  accurate and current.
 2767         (6) A No person may not shall be licensed as an auctioneer
 2768  unless he or she:
 2769         (a) Has held an apprentice license and has served as an
 2770  apprentice for 1 year or more, or has completed a course of
 2771  study, consisting of not less than 80 classroom hours of
 2772  instruction, that meets standards adopted by the department; and
 2773  board;
 2774         (b) Has passed the required examination; and
 2775         (c) Is approved by the board.
 2776         (7)
 2777         (b) A No business may not shall auction or offer to auction
 2778  any property in this state unless it is licensed as an auction
 2779  business by the department board or is exempt from licensure
 2780  under this act. An Each application for licensure must shall
 2781  include the names of the owner and the business, the business
 2782  mailing address and location, and any other information which
 2783  the department board may require. The owner of an auction
 2784  business shall report to the department board within 30 days
 2785  after of any change in this required information.
 2786         Section 62. Section 468.3852, Florida Statutes, is amended
 2787  to read:
 2788         468.3852 Reactivation of license; fee.—The department board
 2789  shall prescribe a fee not to exceed $250 for the reactivation of
 2790  an inactive license. The fee is shall be in addition to the
 2791  current biennial renewal fee.
 2792         Section 63. Subsections (2) through (5) and (8) of section
 2793  468.3855, Florida Statutes, are amended to read:
 2794         468.3855 Apprenticeship training requirements.—
 2795         (2) An Any auctioneer who undertakes the sponsorship of an
 2796  apprentice shall ensure that the apprentice receives training as
 2797  required by department board rule.
 2798         (3) An apprentice must actively participate in auction
 2799  sales as required by department board rule, and a record of each
 2800  auction for which participation credit is claimed must be made
 2801  as required by department board rule.
 2802         (4) An apprentice is Apprentices are prohibited from
 2803  conducting an any auction without the prior express written
 2804  consent of the sponsor. The apprentice’s sponsor must be present
 2805  at the auction site at any time the apprentice is actively
 2806  participating in the conduct of the auction. If the apprentice’s
 2807  sponsor cannot attend a particular auction, the sponsor may
 2808  appoint a qualified auctioneer who meets the requirements of
 2809  department board rule to attend the auction in his or her place.
 2810  Prior written consent must be given by the apprentice’s sponsor
 2811  for each substitution.
 2812         (5) Each apprentice and sponsor shall file reports as
 2813  required by department board rule.
 2814         (8) All apprentice applications shall be valid for a period
 2815  of 6 months after department board approval. Any applicant who
 2816  fails to complete the licensure process within that time is
 2817  shall be required to make application as a new applicant.
 2818         Section 64. Subsection (1) of section 468.386, Florida
 2819  Statutes, is amended to read:
 2820         468.386 Fees; local licensing requirements.—
 2821         (1) The department board by rule may establish application,
 2822  examination, licensure, renewal, and other reasonable and
 2823  necessary fees, based upon the department’s estimate of the
 2824  costs to the board in administering this act.
 2825         Section 65. Section 468.387, Florida Statutes, is amended
 2826  to read:
 2827         468.387 Licensing of nonresidents; endorsement;
 2828  reciprocity.—The department shall issue a license by endorsement
 2829  to practice auctioneering to an applicant who, upon applying to
 2830  the department and remitting the required fee, set by the
 2831  department board, demonstrates to the department board that he
 2832  or she satisfies the requirements of s. 468.385(3) and holds a
 2833  valid license to practice auctioneering in another state,
 2834  provided that the requirements for licensure in that state are
 2835  substantially equivalent to or more stringent than those
 2836  existing in this state. The endorsement and reciprocity
 2837  provisions of this section shall apply to auctioneers only and
 2838  not to professions or occupations regulated by other statutes.
 2839         Section 66. Subsections (3) and (9) and paragraph (b) of
 2840  subsection (10) of section 468.388, Florida Statutes, are
 2841  amended to read:
 2842         468.388 Conduct of an auction.—
 2843         (3) Each auctioneer or auction business shall maintain a
 2844  record book of all sales. The record book must shall be open to
 2845  inspection by the department board at reasonable times.
 2846         (9) The auction business under which the auction is
 2847  conducted is responsible for all other aspects of the auction as
 2848  required by department board rule. The auction business may
 2849  delegate in whole, or in part, different aspects of the auction
 2850  only to the extent that such delegation is permitted by law and
 2851  that such delegation will not impede the principal auctioneer’s
 2852  ability to ensure the proper conduct of his or her independent
 2853  responsibility for the auction. The auction business under whose
 2854  auspices the auction is conducted is responsible for ensuring
 2855  compliance as required by department board rule.
 2856         (10)
 2857         (b) Each auction business shall maintain, for not less than
 2858  2 years, a separate ledger showing the funds held for another
 2859  person deposited and disbursed by the auction business for each
 2860  auction. The escrow or trust account must be reconciled monthly
 2861  with the bank statement. A signed and dated record must shall be
 2862  maintained for a 2-year period and be available for inspection
 2863  by the department or at the request of the board.
 2864         Section 67. Subsections (1) and (2) and paragraph (a) of
 2865  subsection (3) of section 468.389, Florida Statutes, are amended
 2866  to read:
 2867         468.389 Prohibited acts; penalties.—
 2868         (1) The following acts are shall be grounds for the
 2869  disciplinary activities provided in subsections (2) and (3):
 2870         (a) A violation of any law relating to trade or commerce of
 2871  this state or of the state in which an auction is conducted.
 2872         (b) Misrepresentation of property for sale at auction or
 2873  making false promises concerning the use, value, or condition of
 2874  such property by an auctioneer or auction business or by anyone
 2875  acting as an agent of or with the consent of the auctioneer or
 2876  auction business.
 2877         (c) Failure to account for or to pay or return, within a
 2878  reasonable time not to exceed 30 days, money or property
 2879  belonging to another which has come into the control of an
 2880  auctioneer or auction business through an auction.
 2881         (d) False, deceptive, misleading, or untruthful
 2882  advertising.
 2883         (e) Any conduct in connection with a sales transaction
 2884  which demonstrates bad faith or dishonesty.
 2885         (f) Using or permitting the use of false bidders, cappers,
 2886  or shills.
 2887         (g) Making any material false statement on a license
 2888  application.
 2889         (h) Commingling money or property of another person with
 2890  his or her own. Every auctioneer and auction business shall
 2891  maintain a separate trust or escrow account in an insured bank
 2892  or savings and loan association located in this state in which
 2893  shall be deposited all proceeds received for another person
 2894  through an auction sale.
 2895         (i) Refusal or neglect of any auctioneer or other receiver
 2896  of public moneys to pay the moneys so received into the State
 2897  Treasury at the times and under the regulations prescribed by
 2898  law.
 2899         (j) Violating a statute or an administrative rule
 2900  regulating practice under this part or a lawful disciplinary
 2901  order of the board or the department.
 2902         (k) Having a license to practice a comparable profession
 2903  revoked, suspended, or otherwise acted against by another state,
 2904  territory, or country.
 2905         (l) Being convicted or found guilty, regardless of
 2906  adjudication, of a crime in any jurisdiction which directly
 2907  relates to the practice or the ability to practice the
 2908  profession of auctioneering.
 2909         (2) When the department board finds that any person
 2910  committed guilty of any of the prohibited acts set forth in
 2911  subsection (1), it may enter an order imposing one or more of
 2912  the following penalties:
 2913         (a) Refusal to certify to the department an application for
 2914  licensure.
 2915         (b) Revocation or suspension of a license.
 2916         (c) Imposition of an administrative fine not to exceed
 2917  $1,000 for each count or separate offense.
 2918         (d) Issuance of a reprimand.
 2919         (e) Placement of the auctioneer on probation for a period
 2920  of time and subject to conditions as the department board may
 2921  specify, including requiring the auctioneer to successfully
 2922  complete the licensure examination.
 2923         (f) Requirement that the person in violation make
 2924  restitution to each consumer affected by that violation. Proof
 2925  of such restitution must shall be a signed and notarized release
 2926  executed by the consumer or the consumer’s estate.
 2927         (3)(a) Failure to pay a fine within a reasonable time, as
 2928  prescribed by department board rule, may be grounds for
 2929  disciplinary action.
 2930         Section 68. Section 468.392, Florida Statutes, is amended
 2931  to read:
 2932         468.392 Auctioneer Recovery Fund.—There is created the
 2933  Auctioneer Recovery Fund as a separate account in the
 2934  Professional Regulation Trust Fund. The department shall
 2935  administer the fund shall be administered by the Florida Board
 2936  of Auctioneers.
 2937         (1) The Chief Financial Officer shall invest the money not
 2938  currently needed to meet the obligations of the fund in the same
 2939  manner as other public funds may be invested. Interest that
 2940  accrues from these investments shall be deposited to the credit
 2941  of the Auctioneer Recovery Fund and shall be available for the
 2942  same purposes as other moneys deposited in the Auctioneer
 2943  Recovery Fund.
 2944         (2) The Chief Financial Officer shall, upon a voucher
 2945  signed by the Secretary of Business and Professional Regulation
 2946  or the secretary’s designee, make all payments and disbursements
 2947  from the Auctioneer Recovery Fund All payments and disbursements
 2948  from the Auctioneer Recovery Fund shall be made by the Chief
 2949  Financial Officer upon a voucher signed by the Secretary of
 2950  Business and Professional Regulation or the secretary’s
 2951  designee.
 2952         (3) If at any time the moneys in the Auctioneer Recovery
 2953  Fund are insufficient to satisfy any valid claim or portion
 2954  thereof, the department board shall satisfy such unpaid claim or
 2955  portion thereof as soon as a sufficient amount has been
 2956  deposited in or transferred to the fund. When there is more than
 2957  one unsatisfied claim outstanding, such claims shall be paid in
 2958  the order in which the claims were made.
 2959         (4) Upon the payment of any amount from the Auctioneer
 2960  Recovery Fund in settlement of a claim in satisfaction of a
 2961  judgment against an auctioneer or auction business as described
 2962  in s. 468.395, the license of such auctioneer or auction
 2963  business is shall be automatically suspended until the licensee
 2964  has complied with s. 468.398. A discharge of bankruptcy does
 2965  shall not relieve a person from the penalties and disabilities
 2966  provided in this section.
 2967         (5) Moneys in the fund at the end of a fiscal year shall be
 2968  retained in the fund and shall accrue for the benefit of
 2969  auctioneers and auction businesses. When the fund exceeds the
 2970  amount as set forth in s. 468.393(2), all surcharges shall be
 2971  suspended until such time as the fund is reduced below the
 2972  amount as set forth in s. 468.393(3).
 2973         Section 69. Subsections (1), (3), and (4) of section
 2974  468.393, Florida Statutes, are amended to read:
 2975         468.393 Surcharge to license fee; assessments.—
 2976         (1) At the time of licensure under s. 468.385, s. 468.3851,
 2977  or s. 468.3852, each licensee shall pay, in addition to an
 2978  application and license fee, a surcharge in an amount to be
 2979  determined by the department board, not to exceed $300, which
 2980  shall be deposited in the Auctioneer Recovery Fund.
 2981         (3) After October 1, 1995, If the total amount in the
 2982  Auctioneer Recovery Fund, including principal and interest, is
 2983  less than $200,000 at the end of the fiscal year after the
 2984  payment of all claims and expenses, the department board shall
 2985  assess, in addition to any other fees under s. 468.3852, a
 2986  surcharge against a licensee at the time of initial licensure or
 2987  at the time of license renewal, according to the following
 2988  formula in order to maintain the fund at $500,000:
 2989         (a) Determine the amount remaining in the fund at the end
 2990  of the state fiscal year after all expenses and claims have been
 2991  paid.
 2992         (b) Subtract the amount determined under paragraph (a) from
 2993  $500,000.
 2994         (c) Determine the number of initial licenses and license
 2995  renewals in the fiscal year that precedes the current fiscal
 2996  year.
 2997         (d) Divide the amount determined under paragraph (b) by the
 2998  number determined under paragraph (c).
 2999         (4) The department board shall assess the surcharge
 3000  described in subsection (3) against each licensee who receives
 3001  an initial license or receives a renewal license during the
 3002  fiscal year that follows the year in which the amount remaining
 3003  in the fund was less than $200,000.
 3004         Section 70. Subsections (1) and (4) of section 468.395,
 3005  Florida Statutes, are amended to read:
 3006         468.395 Conditions of recovery; eligibility.—
 3007         (1) Recovery from the Auctioneer Recovery Fund may be
 3008  obtained as follows:
 3009         (a) Any aggrieved person is eligible to receive recovery
 3010  from the Auctioneer Recovery Fund if the department Florida
 3011  Board of Auctioneers has issued a final order directing an
 3012  offending licensee to pay restitution to the claimant as the
 3013  result of the licensee violating, within this state, any
 3014  provision of s. 468.389 or any rule adopted by the department
 3015  board and if the department board determined that the order of
 3016  restitution cannot be enforced; or
 3017         (b) Any aggrieved person who obtains a final judgment in
 3018  any court against any licensee to recover damages for any actual
 3019  loss that results from the violation, within this state, by a
 3020  licensee of any provision of s. 468.389 or any rule adopted by
 3021  the department board may, upon termination of all proceedings,
 3022  including appeals and proceedings supplemental to judgment for
 3023  collection purposes, file a verified application to the
 3024  department board for an order directing payment out of the
 3025  Auctioneer Recovery Fund of the amount of actual loss in the
 3026  transaction that remains unpaid upon the judgment. The amount of
 3027  actual loss may include court costs, but may shall not include
 3028  attorney attorney’s fees or punitive damages awarded.
 3029         (4) The department may board shall not issue an order for
 3030  payment of a claim from the Auctioneer Recovery Fund unless the
 3031  claimant has reasonably established to the department board that
 3032  she or he has taken proper and reasonable action to collect the
 3033  amount of her or his claim from the licensee responsible for the
 3034  loss and that any recovery made has been applied to reduce the
 3035  amount of the claim on the Auctioneer Recovery Fund.
 3036         Section 71. Subsections (2) and (3) of section 468.396,
 3037  Florida Statutes, are amended to read:
 3038         468.396 Claims against a single licensee in excess of
 3039  dollar limitation; joinder of claims, payment; insufficient
 3040  funds.—
 3041         (2) Upon petition of the department board, the court may
 3042  require all claimants and prospective claimants against one
 3043  licensee to be joined in one action, to the end that the
 3044  respective rights of all the claimants to the department board
 3045  may be equitably adjudicated and settled.
 3046         (3) On June 30 and December 31 of each year, the department
 3047  board shall identify each claim that the court orders to be paid
 3048  during the 6-month period that ended on that day. The department
 3049  board shall pay the part of each claim that is so identified
 3050  within 15 days after the end of the 6-month period in which the
 3051  claim is ordered paid. However, if the balance in the fund is
 3052  insufficient to pay the full payable amount of each claim that
 3053  is ordered to be paid during a 6-month period, the department
 3054  board shall pay a prorated portion of each claim that is ordered
 3055  to be paid during the period. Any part of the payable amount of
 3056  a claim left unpaid due to the prorating of payments under this
 3057  subsection must shall be paid, subject to the $50,000 limit
 3058  described in s. 468.395, before the payment of claims ordered to
 3059  be paid during the following 6 months.
 3060         Section 72. Section 468.397, Florida Statutes, is amended
 3061  to read:
 3062         468.397 Payment of claim.—Upon a final order of the court
 3063  directing that payment be made out of the Auctioneer Recovery
 3064  Fund, the department board shall, subject to the provisions of
 3065  this part, make the payment out of the Auctioneer Recovery Fund
 3066  as provided in s. 468.395.
 3067         Section 73. Section 468.398, Florida Statutes, is amended
 3068  to read:
 3069         468.398 Suspension of judgment debtor’s license; repayment
 3070  by licensee; interest.—If the department board is required to
 3071  make any payment from the Auctioneer Recovery Fund in settlement
 3072  of a claim or toward the satisfaction of a judgment under this
 3073  part, the department board shall suspend the judgment debtor’s
 3074  license. The licensee is not eligible to be licensed again as
 3075  either an auctioneer or auction business until the licensee has
 3076  repaid in full the amount paid from the Auctioneer Recovery
 3077  Fund, with interest at the current applicable rate.
 3078         Section 74. Section 468.522, Florida Statutes, is amended
 3079  to read:
 3080         468.522 Rulemaking authority Rules of the board.—The
 3081  department board has authority to adopt rules pursuant to ss.
 3082  120.536(1) and 120.54 to implement the provisions of this part.
 3083  Every licensee shall be governed and controlled by this part and
 3084  the rules adopted by the department board.
 3085         Section 75. Subsections (2) and (4) of section 468.524,
 3086  Florida Statutes, are amended to read:
 3087         468.524 Application for license.—
 3088         (2) The department board may require information and
 3089  certifications necessary to determine that the applicant is of
 3090  good moral character and meets other licensure requirements of
 3091  this part.
 3092         (4) An applicant or licensee is ineligible to reapply for a
 3093  license for a period of 1 year following final agency action on
 3094  the denial or revocation of a license applied for or issued
 3095  under this part. This time restriction does not apply to
 3096  administrative denials or revocations entered because:
 3097         (a) The applicant or licensee has made an inadvertent error
 3098  or omission on the application;
 3099         (b) The experience documented to the department board was
 3100  insufficient at the time of the previous application;
 3101         (c) The department is unable to complete the criminal
 3102  background investigation because of insufficient information
 3103  from the Florida Department of Law Enforcement, the Federal
 3104  Bureau of Investigation, or any other applicable law enforcement
 3105  agency;
 3106         (d) The applicant or licensee has failed to submit required
 3107  fees; or
 3108         (e) An applicant or licensed employee leasing company has
 3109  been deemed ineligible for a license because of the lack of good
 3110  moral character of an individual or individuals when such
 3111  individual or individuals are no longer employed in a capacity
 3112  that would require their licensing under this part.
 3113         Section 76. Section 468.5245, Florida Statutes, is amended
 3114  to read:
 3115         468.5245 Change of ownership.—
 3116         (1) A license or registration issued to any entity under
 3117  this part may not be transferred or assigned. The department
 3118  board shall adopt rules to provide for a licensee’s or
 3119  registrant’s change of name or location.
 3120         (2) A person or entity that seeks to purchase or acquire
 3121  control of an employee leasing company or group licensed or
 3122  registered under this part must first apply to the department
 3123  board for a certificate of approval for the proposed change of
 3124  ownership. However, prior approval is not required if, at the
 3125  time the purchase or acquisition occurs, a controlling person of
 3126  the employee leasing company or group maintains a controlling
 3127  person license under this part. Notification must be provided to
 3128  the department board within 30 days after the purchase or
 3129  acquisition of such company in the manner prescribed by the
 3130  department board.
 3131         (3) Any application that is submitted to the department
 3132  board under this section is shall be deemed approved if the
 3133  department board has not approved the application or rejected
 3134  the application, and provided the applicant with the basis for a
 3135  rejection, within 90 days after the receipt of the completed
 3136  application.
 3137         (4) The department board shall establish filing fees for a
 3138  change-of-ownership application in accordance with s.
 3139  468.524(1).
 3140         Section 77. Subsection (2) and paragraphs (c) through (f)
 3141  of subsection (3) of section 468.525, Florida Statutes, are
 3142  amended to read:
 3143         468.525 License requirements.—
 3144         (2)(a) As used in this part, “good moral character” means a
 3145  personal history of honesty, trustworthiness, fairness, a good
 3146  reputation for fair dealings, and respect for the rights of
 3147  others and for the laws of this state and nation. The department
 3148  shall institute a thorough background investigation of the
 3149  individual’s good moral character shall be instituted by the
 3150  department. Such investigation shall require:
 3151         1. The submission of fingerprints, for processing through
 3152  appropriate law enforcement agencies, by the applicant and the
 3153  examination of police records by the department board.
 3154         2. Such other investigation of the individual as the
 3155  department board may deem necessary.
 3156         (b) The department board may deny an application for
 3157  licensure or renewal citing lack of good moral character.
 3158  Conviction of a crime within the last 7 years may shall not
 3159  automatically bar any applicant or licensee from obtaining a
 3160  license or continuing as a licensee. The department board shall
 3161  consider the type of crime committed, the crime’s relevancy to
 3162  the employee leasing industry, the length of time since the
 3163  conviction and any other factors deemed relevant by the
 3164  department board.
 3165         (3) Each employee leasing company licensed by the
 3166  department shall have a registered agent for service of process
 3167  in this state and at least one licensed controlling person. In
 3168  addition, each licensed employee leasing company shall comply
 3169  with the following requirements:
 3170         (c) An applicant for initial or renewal license of an
 3171  employee leasing company license or employee leasing company
 3172  group must shall have an accounting net worth or must shall have
 3173  guaranties, letters of credit, or other security acceptable to
 3174  the department board in sufficient amounts to offset any
 3175  deficiency. A guaranty will not be acceptable to satisfy this
 3176  requirement unless the applicant submits sufficient evidence to
 3177  satisfy the department board that the guarantor has adequate
 3178  resources to satisfy the obligation of the guaranty.
 3179         (d) Each employee leasing company shall maintain an
 3180  accounting net worth and positive working capital, as determined
 3181  in accordance with generally accepted accounting principles, or
 3182  shall have guaranties, letters of credit, or other security
 3183  acceptable to the department board in sufficient amounts to
 3184  offset any deficiency. A guaranty will not be acceptable to
 3185  satisfy this requirement unless the licensee submits sufficient
 3186  evidence, as defined by rule, that the guarantor has adequate
 3187  resources to satisfy the obligation of the guaranty. In
 3188  determining the amount of working capital, a licensee shall
 3189  include adequate reserves for all taxes and insurance, including
 3190  plans of self-insurance or partial self-insurance for claims
 3191  incurred but not paid and for claims incurred but not reported.
 3192  Compliance with the requirements of this paragraph is subject to
 3193  verification by department or board audit.
 3194         (e) Each employee leasing company or employee leasing
 3195  company group shall submit annual financial statements audited
 3196  by an independent certified public accountant, with the
 3197  application and within 120 days after the end of each fiscal
 3198  year, in a manner and time prescribed by the department board,
 3199  provided however, that any employee leasing company or employee
 3200  leasing company group with gross Florida payroll of less than
 3201  $2.5 million during any fiscal year may submit financial
 3202  statements reviewed by an independent certified public
 3203  accountant for that year.
 3204         (f) The licensee shall notify the department or board in
 3205  writing within 30 days after any change in the application or
 3206  status of the license.
 3207         Section 78. Subsections (3) and (5) of section 468.526,
 3208  Florida Statutes, are amended to read:
 3209         468.526 License required; fees.—
 3210         (3) Each employee leasing company and employee leasing
 3211  company group licensee shall pay to the department upon the
 3212  initial issuance of a license and upon each renewal thereafter a
 3213  license fee not to exceed $2,500 to be established by the
 3214  department board. In addition to the license fee, the department
 3215  board shall establish an annual assessment for each employee
 3216  leasing company and each employee leasing company group
 3217  sufficient to cover all costs for regulation of the profession
 3218  pursuant to this chapter, chapter 455, and any other applicable
 3219  provisions of law. The annual assessment shall:
 3220         (a) Be due and payable upon initial licensure and
 3221  subsequent renewals thereof and 1 year before the expiration of
 3222  any licensure period; and
 3223         (b) Be based on a fixed percentage, variable classes, or a
 3224  combination of both, as determined by the department board, of
 3225  gross Florida payroll for employees leased to clients by the
 3226  applicant or licensee during the period beginning five quarters
 3227  before and ending one quarter before each assessment. It is the
 3228  intent of the Legislature that the greater weight of total fees
 3229  for licensure and assessments should be on larger companies and
 3230  groups.
 3231         (5) Each controlling person licensee shall pay to the
 3232  department upon the initial issuance of a license and upon each
 3233  renewal thereafter a license fee to be established by the
 3234  department board in an amount not to exceed $2,000.
 3235         Section 79. Subsection (1) of section 468.527, Florida
 3236  Statutes, is amended to read:
 3237         468.527 Licensure and license renewal.—
 3238         (1) The department shall license any applicant who it the
 3239  board certifies is qualified to practice employee leasing as an
 3240  employee leasing company, employee leasing company group, or
 3241  controlling person.
 3242         Section 80. Subsection (2) of section 468.5275, Florida
 3243  Statutes, is amended to read:
 3244         468.5275 Registration and exemption of de minimis
 3245  operations.—
 3246         (2) A registration is valid for 1 year. Each registrant
 3247  shall pay to the department upon initial registration, and upon
 3248  each renewal thereafter, a registration fee to be established by
 3249  the department board in an amount not to exceed:
 3250         (a) Two hundred and fifty dollars for an employee leasing
 3251  company.
 3252         (b) Five hundred dollars for an employee leasing company
 3253  group.
 3254         Section 81. Subsections (2), (4), and (5) of section
 3255  468.529, Florida Statutes, are amended to read:
 3256         468.529 Licensee’s insurance; employment tax; benefit
 3257  plans.—
 3258         (2) An initial or renewal license may not be issued to any
 3259  employee leasing company unless the employee leasing company
 3260  first files with the department board evidence of workers’
 3261  compensation coverage for all leased employees in this state.
 3262  Each employee leasing company shall maintain and make available
 3263  to its workers’ compensation carrier the following information:
 3264         (a) The correct name and federal identification number of
 3265  each client company.
 3266         (b) A listing of all covered employees provided to each
 3267  client company, by classification code.
 3268         (c) The total eligible wages by classification code and the
 3269  premiums due to the carrier for the employees provided to each
 3270  client company.
 3271         (4) An initial or renewal license may not be issued to any
 3272  employee leasing company unless the employee leasing company
 3273  first provides evidence to the department board, as required by
 3274  department board rule, that the employee leasing company has
 3275  paid all of the employee leasing company’s obligations for
 3276  payroll, payroll-related taxes, workers’ compensation insurance,
 3277  and employee benefits. All disputed amounts must be disclosed in
 3278  the application.
 3279         (5) The provisions of this section are subject to
 3280  verification by department or board audit.
 3281         Section 82. Subsections (3) and (4) of section 468.530,
 3282  Florida Statutes, are amended to read:
 3283         468.530 License, contents; posting.—
 3284         (3) A No license may not shall be valid for any person or
 3285  entity who engages in the business under any name other than
 3286  that specified in the license. A license issued under this part
 3287  may shall not be assignable, and a no licensee may not conduct a
 3288  business under a fictitious name without prior written
 3289  authorization of the department board to do so. The department
 3290  board may not authorize the use of a name which is so similar to
 3291  that of a public officer or agency, or of that used by another
 3292  licensee, that the public may be confused or misled thereby. A
 3293  No licensee may not shall be permitted to conduct business under
 3294  more than one name unless it has obtained a separate license. A
 3295  licensee desiring to change its licensed name at any time except
 3296  upon license renewal shall notify the department board and pay a
 3297  fee not to exceed $50 for each authorized change of name.
 3298         (4) Each employee leasing company or employee leasing
 3299  company group licensed under this part shall be properly
 3300  identified in all advertisements, which must include the license
 3301  number, licensed business name, and other appropriate
 3302  information in accordance with rules established by the
 3303  department board.
 3304         Section 83. Subsection (1) of section 468.531, Florida
 3305  Statutes, is amended to read:
 3306         468.531 Prohibitions; penalties.—
 3307         (1) A No person or entity may not shall:
 3308         (a) Practice or offer to practice as an employee leasing
 3309  company, an employee leasing company group, or a controlling
 3310  person unless such person or entity is licensed pursuant to this
 3311  part;
 3312         (b) Practice or offer to practice as an employee leasing
 3313  company or employee leasing company group unless all controlling
 3314  persons thereof are licensed pursuant to this part;
 3315         (c) Use the name or title “licensed employee leasing
 3316  company,” “employee leasing company,” “employee leasing company
 3317  group,” “professional employer,” “professional employer
 3318  organization,” “controlling person,” or words that would tend to
 3319  lead one to believe that such person or entity is registered
 3320  pursuant to this part, when such person or entity has not
 3321  registered pursuant to this part;
 3322         (d) Present as his or her own or his or her entity’s own
 3323  the license of another;
 3324         (e) Knowingly give false or forged evidence to the
 3325  department board or an employee a member thereof; or
 3326         (f) Use or attempt to use a license that has been suspended
 3327  or revoked.
 3328         Section 84. Subsections (1), (2), and (4) of section
 3329  468.532, Florida Statutes, are amended to read:
 3330         468.532 Discipline.—
 3331         (1) The following constitute grounds for which disciplinary
 3332  action against a licensee may be taken by the department board:
 3333         (a) Being convicted or found guilty of, or entering a plea
 3334  of nolo contendere to, regardless of adjudication, bribery,
 3335  fraud, or willful misrepresentation in obtaining, attempting to
 3336  obtain, or renewing a license.
 3337         (b) Being convicted or found guilty of, or entering a plea
 3338  of nolo contendere to, regardless of adjudication, a crime in
 3339  any jurisdiction which relates to the operation of an employee
 3340  leasing business or the ability to engage in business as an
 3341  employee leasing company.
 3342         (c) Being convicted or found guilty of, or entering a plea
 3343  of nolo contendere to, regardless of adjudication, fraud,
 3344  deceit, or misconduct in the classification of employees
 3345  pursuant to chapter 440.
 3346         (d) Being convicted or found guilty of, or entering a plea
 3347  of nolo contendere to, regardless of adjudication, fraud,
 3348  deceit, or misconduct in the establishment or maintenance of
 3349  self-insurance, be it health insurance or workers’ compensation
 3350  insurance.
 3351         (e) Being convicted or found guilty of, or entering a plea
 3352  of nolo contendere to, regardless of adjudication, fraud,
 3353  deceit, or misconduct in the operation of an employee leasing
 3354  company.
 3355         (f) Conducting business without an active license.
 3356         (g) Failing to maintain workers’ compensation insurance as
 3357  required in s. 468.529.
 3358         (h) Transferring or attempting to transfer a license issued
 3359  pursuant to this part.
 3360         (i) Violating any provision of this part or any lawful
 3361  order or rule issued under the provisions of this part or
 3362  chapter 455.
 3363         (j) Failing to notify the department board, in writing, of
 3364  any change of the primary business address or the addresses of
 3365  any of the licensee’s offices in this the state.
 3366         (k) Having been confined in any county jail,
 3367  postadjudication, or being confined in any state or federal
 3368  prison or mental institution, or when through mental disease or
 3369  deterioration, the licensee can no longer safely be entrusted to
 3370  deal with the public or in a confidential capacity.
 3371         (l) Having been found guilty for a second time of any
 3372  misconduct that warrants suspension or being found guilty of a
 3373  course of conduct or practices which shows that the licensee is
 3374  so incompetent, negligent, dishonest, or untruthful that the
 3375  money, property, transactions, and rights of investors, or those
 3376  with whom the licensee may sustain a confidential relationship,
 3377  may not safely be entrusted to the licensee.
 3378         (m) Failing to inform the department board in writing
 3379  within 30 days after being convicted or found guilty of, or
 3380  entering a plea of nolo contendere to, any felony, regardless of
 3381  adjudication.
 3382         (n) Failing to conform to any lawful order of the
 3383  department board.
 3384         (o) Being determined liable for civil fraud by a court in
 3385  any jurisdiction.
 3386         (p) Having adverse material final action taken by any state
 3387  or federal regulatory agency for violations within the scope of
 3388  control of the licensee.
 3389         (q) Failing to inform the department board in writing
 3390  within 30 days after any adverse material final action by a
 3391  state or federal regulatory agency.
 3392         (r) Failing to meet or maintain the requirements for
 3393  licensure as an employee leasing company or controlling person.
 3394         (s) Engaging as a controlling person any person who is not
 3395  licensed as a controlling person by the department board.
 3396         (t) Attempting to obtain, obtaining, or renewing a license
 3397  to practice employee leasing by bribery, misrepresentation, or
 3398  fraud.
 3399         (2) When the department board finds any violation of
 3400  subsection (1), it may do one or more of the following:
 3401         (a) Deny an application for licensure.
 3402         (b) Permanently revoke, suspend, restrict, or not renew a
 3403  license.
 3404         (c) Impose an administrative fine not to exceed $5,000 for
 3405  every count or separate offense.
 3406         (d) Issue a reprimand.
 3407         (e) Place the licensee on probation for a period of time
 3408  and subject the licensee to such conditions as the department
 3409  board may specify.
 3410         (f) Assess costs associated with investigation and
 3411  prosecution.
 3412         (4) The department board shall specify the penalties for
 3413  any violation of this part.
 3414         Section 85. Subsection (2) of section 476.074, Florida
 3415  Statutes, is amended to read:
 3416         476.074 Legal, investigative, and inspection services.—
 3417         (2) The department shall provide all investigative services
 3418  required by the board or the department in carrying out the
 3419  provisions of this act.
 3420         Section 86. Subsections (2) and (3) of section 476.114,
 3421  Florida Statutes, are amended to read:
 3422         476.114 Examination; prerequisites.—
 3423         (2) An applicant is eligible for licensure by examination
 3424  to practice barbering if the applicant:
 3425         (a) Is at least 16 years of age;
 3426         (b) Pays the required application fee; and
 3427         (c) Has received a minimum of 900 hours of training in
 3428  sanitation, safety, and laws and rules, as established by the
 3429  department board, which must include, but is not limited to, the
 3430  equivalent of completion of services directly related to the
 3431  practice of barbering at one of the following:
 3432         1. A school of barbering licensed pursuant to chapter 1005;
 3433         2. A barbering program within the public school system; or
 3434         3. A government-operated barbering program in this state.
 3435  
 3436  The department board shall establish by rule procedures whereby
 3437  the school or program may certify that a person is qualified to
 3438  take the required examination after the completion of a minimum
 3439  of 600 actual school hours. If the person passes the
 3440  examination, she or he has satisfied this requirement; but if
 3441  the person fails the examination, she or he may not be qualified
 3442  to take the examination again until the completion of the full
 3443  requirements provided by this section.
 3444         (3) An applicant who meets the requirements set forth in
 3445  paragraph (2)(c) who fails to pass the examination may take
 3446  subsequent examinations as many times as necessary to pass,
 3447  except that the department board may specify by rule reasonable
 3448  timeframes for rescheduling the examination and additional
 3449  training requirements for applicants who, after the third
 3450  attempt, fail to pass the examination. Before Prior to
 3451  reexamination, the applicant must file the appropriate form and
 3452  pay the reexamination fee as required by rule.
 3453         Section 87. Subsections (1) and (2) of section 476.134,
 3454  Florida Statutes, are amended to read:
 3455         476.134 Examinations.—
 3456         (1) Examinations of applicants for licenses as barbers
 3457  shall be offered not less than four times each year. The
 3458  examination of applicants for licenses as barbers must shall
 3459  include a written test. The department has board shall have the
 3460  authority to adopt rules with respect to the examination of
 3461  applicants for licensure. The department board may provide rules
 3462  with respect to written examinations in such manner as the
 3463  department board may deem fit.
 3464         (2) The department board shall adopt rules specifying the
 3465  areas of competency to be covered by the examination. Such rules
 3466  must shall include the relative weight assigned in grading each
 3467  area. All areas tested must shall be reasonably related to the
 3468  protection of the public and the applicant’s competency to
 3469  practice barbering in a manner which will not endanger the
 3470  public.
 3471         Section 88. Subsections (1), (2), (5), and (6) of section
 3472  476.144, Florida Statutes, are amended to read:
 3473         476.144 Licensure.—
 3474         (1) The department shall license any applicant who it the
 3475  board certifies is qualified to practice barbering in this
 3476  state.
 3477         (2) The department board shall certify for licensure any
 3478  applicant who satisfies the requirements of s. 476.114, and who
 3479  passes the required examination, achieving a passing grade as
 3480  established by department board rule.
 3481         (5) The department board shall certify as qualified for
 3482  licensure by endorsement as a barber in this state an applicant
 3483  who holds a current active license to practice barbering in
 3484  another state. The department board shall adopt rules specifying
 3485  procedures for the licensure by endorsement of practitioners
 3486  desiring to be licensed in this state who hold a current active
 3487  license in another country and who have met qualifications
 3488  substantially similar to, equivalent to, or greater than the
 3489  qualifications required of applicants from this state.
 3490         (6) A person may apply for a restricted license to practice
 3491  barbering. The department board shall adopt rules specifying
 3492  procedures for an applicant to obtain a restricted license if
 3493  the applicant:
 3494         (a)1. Has successfully completed a restricted barber
 3495  course, as established by rule of the department board, at a
 3496  school of barbering licensed pursuant to chapter 1005, a
 3497  barbering program within the public school system, or a
 3498  government-operated barbering program in this state; or
 3499         2.a. Holds or has within the previous 5 years held an
 3500  active valid license to practice barbering in another state or
 3501  country or has held a Florida barbering license which has been
 3502  declared null and void for failure to renew the license, and the
 3503  applicant fulfilled the requirements of s. 476.114(2)(c) for
 3504  initial licensure; and
 3505         b. Has not been disciplined relating to the practice of
 3506  barbering in the previous 5 years; and
 3507         (b) Passes a written examination on the laws and rules
 3508  governing the practice of barbering in Florida, as established
 3509  by the department board.
 3510  
 3511  The restricted license shall limit the licensee’s practice to
 3512  those specific areas in which the applicant has demonstrated
 3513  competence pursuant to rules adopted by the department board.
 3514         Section 89. Subsection (2) of section 476.154, Florida
 3515  Statutes, is amended to read:
 3516         476.154 Biennial renewal of licenses.—
 3517         (2) Any license or certificate of registration issued
 3518  pursuant to this act for a period less than the established
 3519  biennial issuance period may be issued for that lesser period of
 3520  time, and the department shall adjust the required fee
 3521  accordingly. The department board shall adopt rules providing
 3522  for such partial period fee adjustments.
 3523         Section 90. Subsection (2) of section 476.155, Florida
 3524  Statutes, is amended, and subsection (1) of that section is
 3525  reenacted, to read:
 3526         476.155 Inactive status; reactivation of inactive license.—
 3527         (1) A barber’s license that has become inactive may be
 3528  reactivated under s. 476.154 upon application to the department.
 3529         (2) The department board shall adopt promulgate rules
 3530  relating to licenses which have become inactive and for the
 3531  renewal of inactive licenses. The department board shall
 3532  prescribe by rule a fee not to exceed $100 for the reactivation
 3533  of an inactive license and a fee not to exceed $50 for the
 3534  renewal of an inactive license.
 3535         Section 91. Subsection (1) of section 476.192, Florida
 3536  Statutes, is amended to read:
 3537         476.192 Fees; disposition.—
 3538         (1) The department board shall set by rule fees according
 3539  to the following schedule:
 3540         (a) For barbers, fees for original licensing, license
 3541  renewal, and delinquent renewal may shall not exceed $100.
 3542         (b) For barbers, fees for endorsement application,
 3543  examination, and reexamination may shall not exceed $150.
 3544         (c) For barbershops, fees for license application, original
 3545  licensing, license renewal, and delinquent renewal may shall not
 3546  exceed $150.
 3547         (d) For duplicate licenses and certificates, fees may shall
 3548  not exceed $25.
 3549         Section 92. Paragraphs (h) and (i) of subsection (1) and
 3550  subsection (2) of section 476.204, Florida Statutes, are
 3551  amended, to read:
 3552         476.204 Penalties.—
 3553         (1) It is unlawful for any person to:
 3554         (h) Violate any provision of s. 455.227(1), s. 476.194, or
 3555  s. 476.214.
 3556         (i) Violate or refuse to comply with any provision of this
 3557  chapter or chapter 455 or a rule or final order of the
 3558  department board.
 3559         (2) Any person who violates any provision of this section
 3560  shall be subject to one or more of the following penalties, as
 3561  determined by the department board:
 3562         (a) Revocation or suspension of any license or registration
 3563  issued pursuant to this chapter.
 3564         (b) Issuance of a reprimand or censure.
 3565         (c) Imposition of an administrative fine not to exceed $500
 3566  for each count or separate offense.
 3567         (d) Placement on probation for a period of time and subject
 3568  to such reasonable conditions as the department board may
 3569  specify.
 3570         (e) Refusal to certify to the department an applicant for
 3571  licensure.
 3572         Section 93. Section 476.214, Florida Statutes, is amended
 3573  to read:
 3574         476.214 Grounds for suspending, revoking, or refusing to
 3575  grant license or certificate.—
 3576         (1) The department board shall have the power to revoke or
 3577  suspend any license, registration card, or certificate of
 3578  registration issued pursuant to this act, or to reprimand,
 3579  censure, deny subsequent licensure of, or otherwise discipline
 3580  any holder of a license, registration card, or certificate of
 3581  registration issued pursuant to this act, for any of the
 3582  following causes:
 3583         (a) Gross malpractice or gross incompetency in the practice
 3584  of barbering;
 3585         (b) Practice by a person knowingly having an infectious or
 3586  contagious disease; or
 3587         (c) Commission of any of the offenses described in s.
 3588  476.194.
 3589         (2) The department board shall keep a record of its
 3590  disciplinary proceedings against holders of licenses or
 3591  certificates of registration issued pursuant to this act.
 3592         (3) The department may shall not issue or renew a license
 3593  or certificate of registration under this chapter to any person
 3594  against whom or barbershop against which it the board has
 3595  assessed a fine, interest, or costs associated with
 3596  investigation and prosecution until the person or barbershop has
 3597  paid in full such fine, interest, or costs associated with
 3598  investigation and prosecution or until the person or barbershop
 3599  complies with or satisfies all terms and conditions of the final
 3600  order.
 3601         Section 94. Section 476.234, Florida Statutes, is amended
 3602  to read:
 3603         476.234 Civil proceedings.—In addition to any other remedy,
 3604  the department may file a proceeding in the name of the state
 3605  seeking issuance of a restraining order, injunction, or writ of
 3606  mandamus against any person who is or has been violating any of
 3607  the provisions of this act or the lawful rules or orders of the
 3608  board, commission, or department.
 3609         Section 95. Section 477.016, Florida Statutes, is amended
 3610  to read:
 3611         477.016 Rulemaking.—
 3612         (1) The department board may adopt rules pursuant to ss.
 3613  120.536(1) and 120.54 to implement the provisions of this
 3614  chapter conferring duties upon it.
 3615         (2) The department board may by rule adopt any restriction
 3616  established by a regulation of the United States Food and Drug
 3617  Administration related to the use of a cosmetic product or any
 3618  substance used in the practice of cosmetology if the department
 3619  board finds that the product or substance poses a risk to the
 3620  health, safety, and welfare of clients or persons providing
 3621  cosmetology services.
 3622         Section 96. Section 477.018, Florida Statutes, is amended
 3623  to read:
 3624         477.018 Investigative services.—The department shall
 3625  provide all investigative services required by the board or the
 3626  department in carrying out the provisions of this act.
 3627         Section 97. Subsection (2) of section 477.0212, Florida
 3628  Statutes, is amended to read:
 3629         477.0212 Inactive status.—
 3630         (2) The department board shall adopt rules relating to
 3631  licenses that become inactive and for the renewal of inactive
 3632  licenses. The rules may not require more than one renewal cycle
 3633  of continuing education to reactivate a license. The department
 3634  board shall prescribe by rule a fee not to exceed $50 for the
 3635  reactivation of an inactive license and a fee not to exceed $50
 3636  for the renewal of an inactive license.
 3637         Section 98. Subsections (1) and (2) of section 477.022,
 3638  Florida Statutes, are amended to read:
 3639         477.022 Examinations.—
 3640         (1) The department board shall ensure that examinations
 3641  adequately measure both an applicant’s competency and her or his
 3642  knowledge of related statutory requirements. Professional
 3643  testing services may be utilized to formulate the examinations.
 3644  The department board may offer a written clinical examination or
 3645  a performance examination, or both, in addition to a written
 3646  theory examination.
 3647         (2) The department board shall ensure that examinations
 3648  comply with state and federal equal employment opportunity
 3649  guidelines.
 3650         Section 99. Subsections (2), (8), and (9) and paragraphs
 3651  (a), (b), (d), and (e) of subsection (10) of section 477.025,
 3652  Florida Statutes, are amended, and subsection (11) of that
 3653  section is reenacted, to read:
 3654         477.025 Cosmetology salons; specialty salons; requisites;
 3655  licensure; inspection; mobile cosmetology salons.—
 3656         (2) The department board shall adopt rules governing the
 3657  licensure and operation of salons and specialty salons and their
 3658  facilities, personnel, safety and sanitary requirements, and the
 3659  license application and granting process.
 3660         (8) Renewal of license registration for cosmetology salons
 3661  or specialty salons shall be accomplished pursuant to rules
 3662  adopted by the department board. The department board is further
 3663  authorized to adopt rules governing delinquent renewal of
 3664  licenses and may impose penalty fees for delinquent renewal.
 3665         (9) The department board is authorized to adopt rules
 3666  governing the periodic inspection of cosmetology salons and
 3667  specialty salons licensed under this chapter.
 3668         (10)(a) The department board shall adopt rules governing
 3669  the licensure, operation, and inspection of mobile cosmetology
 3670  salons, including their facilities, personnel, and safety and
 3671  sanitary requirements.
 3672         (b) Each mobile salon must comply with all licensure and
 3673  operating requirements specified in this chapter or chapter 455
 3674  or rules of the board or department that apply to cosmetology
 3675  salons at fixed locations, except to the extent that such
 3676  requirements conflict with this subsection or rules adopted
 3677  pursuant to this subsection.
 3678         (d) To facilitate periodic inspections of mobile
 3679  cosmetology salons, prior to the beginning of each month each
 3680  mobile salon licenseholder must file with the department board a
 3681  written monthly itinerary listing the locations where and the
 3682  dates and hours when the mobile salon will be operating.
 3683         (e) The department board shall establish fees for mobile
 3684  cosmetology salons, not to exceed the fees for cosmetology
 3685  salons at fixed locations.
 3686         (11) Facilities licensed under part II of chapter 400 or
 3687  under part I of chapter 429 are exempt from this section, and a
 3688  cosmetologist licensed pursuant to s. 477.019 may provide salon
 3689  services exclusively for facility residents.
 3690         Section 100. Subsections (1) and (3) of section 477.026,
 3691  Florida Statutes, are amended to read:
 3692         477.026 Fees; disposition.—
 3693         (1) The department board shall set fees according to the
 3694  following schedule:
 3695         (a) For cosmetologists, fees for original licensing,
 3696  license renewal, and delinquent renewal may shall not exceed
 3697  $50.
 3698         (b) For cosmetologists, fees for endorsement application,
 3699  examination, and reexamination may shall not exceed $50.
 3700         (c) For cosmetology and specialty salons, fees for license
 3701  application, original licensing, license renewal, and delinquent
 3702  renewal may shall not exceed $50.
 3703         (d) For specialists, fees for application and endorsement
 3704  registration may shall not exceed $30.
 3705         (e) For specialists, fees for initial registration,
 3706  registration renewal, and delinquent renewal may shall not
 3707  exceed $50.
 3708         (3) The department, with the advice of the board, shall
 3709  prepare and submit a proposed budget in accordance with law.
 3710         Section 101. Subsections (2) and (4) of section 477.0263,
 3711  Florida Statutes, are amended to read:
 3712         477.0263 Cosmetology services to be performed in licensed
 3713  salon; exceptions.—
 3714         (2) Pursuant to rules established by the department board,
 3715  cosmetology services may be performed by a licensed
 3716  cosmetologist in a location other than a licensed salon,
 3717  including, but not limited to, a nursing home, hospital, or
 3718  residence, when a client for reasons of ill health is unable to
 3719  go to a licensed salon. Arrangements for the performance of such
 3720  cosmetology services in a location other than a licensed salon
 3721  shall be made only through a licensed salon.
 3722         (4) Pursuant to rules adopted by the department board, any
 3723  cosmetology or specialty service may be performed in a location
 3724  other than a licensed salon when the service is performed in
 3725  connection with a special event and is performed by a person who
 3726  holds the proper license or specialty registration.
 3727         Section 102. Subsections (1), (2), and (4) of section
 3728  477.028, Florida Statutes, are amended to read:
 3729         477.028 Disciplinary proceedings.—
 3730         (1) The department board shall have the power to revoke or
 3731  suspend the license of a cosmetologist licensed under this
 3732  chapter, or the registration of a specialist registered under
 3733  this chapter, and to reprimand, censure, deny subsequent
 3734  licensure or registration of, or otherwise discipline a
 3735  cosmetologist or a specialist licensed or registered under this
 3736  chapter in any of the following cases:
 3737         (a) Upon proof that a license or registration has been
 3738  obtained by fraud or misrepresentation.
 3739         (b) Upon proof that the holder of a license or registration
 3740  is guilty of fraud or deceit or of gross negligence,
 3741  incompetency, or misconduct in the practice or instruction of
 3742  cosmetology or a specialty.
 3743         (c) Upon proof that the holder of a license or registration
 3744  is guilty of aiding, assisting, procuring, or advising any
 3745  unlicensed person to practice as a cosmetologist.
 3746         (2) The department board shall have the power to revoke or
 3747  suspend the license of a cosmetology salon or a specialty salon
 3748  licensed under this chapter, to deny subsequent licensure of
 3749  such salon, or to reprimand, censure, or otherwise discipline
 3750  the owner of such salon in either of the following cases:
 3751         (a) Upon proof that a license has been obtained by fraud or
 3752  misrepresentation.
 3753         (b) Upon proof that the holder of a license is guilty of
 3754  fraud or deceit or of gross negligence, incompetency, or
 3755  misconduct in the operation of the salon so licensed.
 3756         (4) The department may shall not issue or renew a license
 3757  or certificate of registration under this chapter to any person
 3758  against whom or salon against which the department board has
 3759  assessed a fine, interest, or costs associated with
 3760  investigation and prosecution until the person or salon has paid
 3761  in full such fine, interest, or costs associated with
 3762  investigation and prosecution or until the person or salon
 3763  complies with or satisfies all terms and conditions of the final
 3764  order.
 3765         Section 103. Paragraph (i) of subsection (1) and subsection
 3766  (2) of section 477.029, Florida Statutes, are amended to read:
 3767         477.029 Penalty.—
 3768         (1) It is unlawful for any person to:
 3769         (i) Violate or refuse to comply with any provision of this
 3770  chapter or chapter 455 or a rule or final order of the
 3771  department board or the department.
 3772         (2) Any person who violates the provisions of this section
 3773  is shall be subject to one or more of the following penalties,
 3774  as determined by the department board:
 3775         (a) Revocation or suspension of any license or registration
 3776  issued pursuant to this chapter.
 3777         (b) Issuance of a reprimand or censure.
 3778         (c) Imposition of an administrative fine not to exceed $500
 3779  for each count or separate offense.
 3780         (d) Placement on probation for a period of time and subject
 3781  to such reasonable conditions as the department board may
 3782  specify.
 3783         (e) Refusal to certify to the department an applicant for
 3784  licensure.
 3785         Section 104. Section 492.104, Florida Statutes, is amended
 3786  to read:
 3787         492.104 Rulemaking authority.—The department Board of
 3788  Professional Geologists has authority to adopt rules pursuant to
 3789  ss. 120.536(1) and 120.54 to implement this chapter. Every
 3790  licensee shall be governed and controlled by this chapter and
 3791  the rules adopted by the department board. The department board
 3792  is authorized to set, by rule, fees for application,
 3793  examination, late renewal, initial licensure, and license
 3794  renewal. These fees may not exceed the cost of implementing the
 3795  application, examination, initial licensure, and license renewal
 3796  or other administrative process and shall be established as
 3797  follows:
 3798         (1) The application fee may shall not exceed $150 and is
 3799  shall be nonrefundable.
 3800         (2) The examination fee may shall not exceed $250, and the
 3801  fee may be apportioned to each part of a multipart examination.
 3802  The examination fee is shall be refundable in whole or part if
 3803  the applicant is found to be ineligible to take any portion of
 3804  the licensure examination.
 3805         (3) The initial license fee may shall not exceed $100.
 3806         (4) The biennial renewal fee may shall not exceed $150.
 3807         (5) The fee for reactivation of an inactive license may not
 3808  exceed $50.
 3809         (6) The fee for a provisional license may not exceed $400.
 3810         (7) The fee for application, examination, and licensure for
 3811  a license by endorsement is as provided in this section for
 3812  licenses in general.
 3813         Section 105. Subsections (1) and (2) of section 492.105,
 3814  Florida Statutes, are amended to read:
 3815         492.105 Licensure by examination; requirements; fees.—
 3816         (1) Any person desiring to be licensed as a professional
 3817  geologist shall apply to the department to take the licensure
 3818  examination. The written licensure examination shall be designed
 3819  to test an applicant’s qualifications to practice professional
 3820  geology, and shall include such subjects as will tend to
 3821  ascertain the applicant’s knowledge of the fundamentals, theory,
 3822  and practice of professional geology and may include such
 3823  subjects as are taught in curricula of accredited colleges and
 3824  universities. The written licensure examination may be a
 3825  multipart examination. The department shall examine each
 3826  applicant who the department board certifies:
 3827         (a) Has completed the application form and remitted a
 3828  nonrefundable application fee and an examination fee which is
 3829  refundable if the applicant is found to be ineligible to take
 3830  the examination.
 3831         (b) Is at least 18 years of age.
 3832         (c) Has not committed any act or offense in any
 3833  jurisdiction which would constitute the basis for disciplining a
 3834  professional geologist licensed pursuant to this chapter.
 3835         (d) Has fulfilled the following educational requirements at
 3836  a college or university, the geological curricula of which meet
 3837  the criteria established by an accrediting agency recognized by
 3838  the United States Department of Education:
 3839         1. Graduation from such college or university with a major
 3840  in geology or other related science acceptable to the department
 3841  board; and
 3842         2. Satisfactory completion of at least 30 semester hours or
 3843  45 quarter hours of geological coursework.
 3844         (e) Has at least 5 years of verified professional
 3845  geological work experience, which includes a minimum of 3 years
 3846  of professional geological work under the supervision of a
 3847  licensed or qualified geologist or professional engineer
 3848  registered under chapter 471 as qualified in the field or
 3849  discipline of professional engineering work performed; or has a
 3850  minimum of 5 accumulative years of verified geological work
 3851  experience in responsible charge of geological work as
 3852  determined by the department board.
 3853         (2) The department shall issue a license to practice
 3854  professional geology to any person who has:
 3855         (a) Paid the appropriate license fee;
 3856         (b) Been certified by the department board as qualified to
 3857  practice professional geology; and
 3858         (c) Passed the written licensure examination; provided that
 3859  applicants meeting the other requirements of this section may be
 3860  licensed without written examination if application is made in
 3861  proper form within 1 calendar year of October 1, 1987.
 3862         Section 106. Section 492.106, Florida Statutes, is amended
 3863  to read:
 3864         492.106 Provisional licenses.—The department may provide a
 3865  provisional license to any person who is not a resident of and
 3866  has not established a place of business in this state, and who
 3867  is duly licensed in another state, territory, or possession of
 3868  the United States, or in the District of Columbia, and who has
 3869  qualifications which the department board, upon advice of a
 3870  committee of the board, deems comparable to those required of
 3871  professional geologists in this state, upon written application
 3872  accompanied by the proper application fee, offered prior to the
 3873  practice of professional geology in this state, under the
 3874  following restrictions:
 3875         (1) Satisfactory proof of licensure as required above shall
 3876  include the name, residence address, business address, and
 3877  certification of the license of the applicant from the issuing
 3878  state, together with the name and address of the authority
 3879  issuing such license.
 3880         (2) The practice of professional geology under a
 3881  provisional license may shall not exceed 1 year.
 3882         (3) The practice of professional geology under a
 3883  provisional license shall be confined to one specified project.
 3884  Such license may not be renewed or reissued for 5 years from the
 3885  date of original issuance.
 3886         (4) A written statement shall be furnished to the
 3887  department within 60 days after of completion of the work,
 3888  indicating the time engaged and the nature of the work. A person
 3889  holding a provisional license shall exhibit such provisional
 3890  license each time and on each occasion that an indication of
 3891  licensure is required.
 3892         Section 107. Subsection (1) of section 492.107, Florida
 3893  Statutes, is amended to read:
 3894         492.107 Seals.—
 3895         (1) The department board shall prescribe, by rule, a form
 3896  of seal, including its electronic form, to be used by persons
 3897  holding valid licenses. All geological papers, reports, and
 3898  documents prepared or issued by the licensee shall be signed,
 3899  dated, and sealed by the licensee who performed or is
 3900  responsible for the supervision, direction, or control of the
 3901  work contained in the papers, reports, or documents. Such
 3902  signature, date, and seal shall be evidence of the authenticity
 3903  of that to which they are affixed. Geological papers, reports,
 3904  and documents prepared or issued by the licensee may be
 3905  transmitted electronically provided they have been signed by the
 3906  licensee, dated, and electronically sealed. It is unlawful for
 3907  any person to sign or seal any document as a professional
 3908  geologist unless that person holds a current, active license as
 3909  a professional geologist which has not expired or been revoked
 3910  or suspended, unless reinstated or reissued.
 3911         Section 108. Subsection (1) of section 492.108, Florida
 3912  Statutes, is amended to read:
 3913         492.108 Licensure by endorsement; requirements; fees.—
 3914         (1) The department shall issue a license by endorsement to
 3915  any applicant who, upon applying to the department and remitting
 3916  an application fee, has been certified by the department board
 3917  that he or she:
 3918         (a) Has met the qualifications for licensure in s.
 3919  492.105(1)(b)-(e) and:
 3920         1. Is the holder of an active license in good standing in a
 3921  state, trust, territory, or possession of the United States.
 3922         2. Was licensed through written examination in at least one
 3923  state, trust, territory, or possession of the United States, the
 3924  examination requirements of which have been approved by the
 3925  department board as substantially equivalent to or more
 3926  stringent than those of this state, and has received a score on
 3927  such examination which is equal to or greater than the score
 3928  required by this state for licensure by examination.
 3929         3. Has taken and successfully passed the laws and rules
 3930  portion of the examination required for licensure as a
 3931  professional geologist in this state.
 3932         (b) Has held a valid license to practice geology in another
 3933  state, trust, territory, or possession of the United States for
 3934  at least 10 years before the date of application and has
 3935  successfully completed a state, regional, national, or other
 3936  examination that is equivalent to or more stringent than the
 3937  examination required by the department. If such applicant has
 3938  met the requirements for a license by endorsement except
 3939  successful completion of an examination that is equivalent to or
 3940  more stringent than the examination required by the department
 3941  board, such applicant may take the examination required by the
 3942  department board. Such application must be submitted to the
 3943  department board while the applicant holds a valid license in
 3944  another state or territory or within 2 years after the
 3945  expiration of such license.
 3946         Section 109. Subsection (2) of section 492.1101, Florida
 3947  Statutes, is amended to read:
 3948         492.1101 Inactive status.—
 3949         (2) The department board shall adopt promulgate rules
 3950  relating to the reactivation of inactive licenses and shall
 3951  prescribe by rule a fee for the reactivation of inactive
 3952  licenses.
 3953         Section 110. Subsection (1) of section 492.111, Florida
 3954  Statutes, is amended to read:
 3955         492.111 Practice of professional geology by a firm,
 3956  corporation, or partnership.—The practice of, or offer to
 3957  practice, professional geology by individual professional
 3958  geologists licensed under the provisions of this chapter through
 3959  a firm, corporation, or partnership offering geological services
 3960  to the public through individually licensed professional
 3961  geologists as agents, employees, officers, or partners thereof
 3962  is permitted subject to the provisions of this chapter, if:
 3963         (1) At all times that it offers geological services to the
 3964  public, the firm, corporation, or partnership is qualified by
 3965  one or more individuals who hold a current, active license as a
 3966  professional geologist in this the state and are serving as a
 3967  geologist of record for the firm, corporation, or partnership. A
 3968  geologist of record may be any principal officer or employee of
 3969  such firm or corporation, or any partner or employee of such
 3970  partnership, who holds a current, active license as a
 3971  professional geologist in this state, or any other Florida
 3972  licensed professional geologist with whom the firm, corporation,
 3973  or partnership has entered into a long-term, ongoing
 3974  relationship, as defined by rule of the department board, to
 3975  serve as one of its geologists of record. The geologist of
 3976  record shall notify the department of any changes in the
 3977  relationship or identity of that geologist of record within 30
 3978  days after such change.
 3979         Section 111. Paragraph (k) of subsection (1) and
 3980  subsections (2), (3), and (4) of section 492.113, Florida
 3981  Statutes, are amended to read:
 3982         492.113 Disciplinary proceedings.—
 3983         (1) The following acts constitute grounds for which the
 3984  disciplinary actions in subsection (3) may be taken:
 3985         (k) Violating a rule of the department or board or any
 3986  order of the department or board previously entered in a
 3987  disciplinary hearing.
 3988         (2) The department board shall specify, by rule, what acts
 3989  or omissions constitute a violation of subsection (1).
 3990         (3) When the department board finds any person guilty of
 3991  any of the grounds set forth in subsection (1), it may enter an
 3992  order imposing one or more of the following penalties:
 3993         (a) Denial of an application for licensure.
 3994         (b) Revocation or suspension of a license.
 3995         (c) Imposition of an administrative fine not to exceed
 3996  $1,000 for each count or separate offense.
 3997         (d) Issuance of a reprimand.
 3998         (e) Placement of the licensee on probation for a period of
 3999  time and subject to such conditions as the department board may
 4000  specify.
 4001         (f) Restriction of the authorized scope of practice by the
 4002  licensee.
 4003         (4) The department shall reissue the license of a
 4004  disciplined professional geologist upon verification
 4005  certification by the board that the disciplined person has
 4006  complied with the terms and conditions set forth in the final
 4007  order.
 4008         Section 112. Subsection (7) of section 558.002, Florida
 4009  Statutes, is amended to read:
 4010         558.002 Definitions.—As used in this chapter, the term:
 4011         (7) “Design professional” means a person, as defined in s.
 4012  1.01, who is licensed in this state as an architect, a landscape
 4013  architect, an engineer, a surveyor, or a geologist or who is a
 4014  registered interior designer, as defined in s. 481.203.
 4015         Section 113. Paragraph (bb) of subsection (1) of section
 4016  125.01, Florida Statutes, is amended to read:
 4017         125.01 Powers and duties.—
 4018         (1) The legislative and governing body of a county shall
 4019  have the power to carry on county government. To the extent not
 4020  inconsistent with general or special law, this power includes,
 4021  but is not restricted to, the power to:
 4022         (bb) Enforce the Florida Building Code as provided in s.
 4023  553.80 and adopt and enforce local technical amendments to the
 4024  Florida Building Code as provided in s. 553.73(5) s. 553.73(4).
 4025         Section 114. Subsection (1) of section 125.56, Florida
 4026  Statutes, is amended to read:
 4027         125.56 Enforcement and amendment of the Florida Building
 4028  Code and the Florida Fire Prevention Code; inspection fees;
 4029  inspectors; etc.—
 4030         (1) The board of county commissioners of each of the
 4031  several counties of the state may enforce the Florida Building
 4032  Code and the Florida Fire Prevention Code as provided in ss.
 4033  553.80, 633.206, and 633.208 and, at its discretion, adopt local
 4034  technical amendments to the Florida Building Code as provided in
 4035  s. 553.73(5) s. 553.73(4) and local technical amendments to the
 4036  Florida Fire Prevention Code as provided in s. 633.202 to
 4037  provide for the safe construction, erection, alteration, repair,
 4038  securing, and demolition of any building within its territory
 4039  outside the corporate limits of any municipality. Upon a
 4040  determination to consider amending the Florida Building Code or
 4041  the Florida Fire Prevention Code by a majority of the members of
 4042  the board of county commissioners of such county, the board
 4043  shall call a public hearing and comply with the public notice
 4044  requirements of s. 125.66(2). The board shall hear all
 4045  interested parties at the public hearing and may then amend the
 4046  building code or the fire code consistent with the terms and
 4047  purposes of this act. Upon adoption, an amendment to the code
 4048  shall be in full force and effect throughout the unincorporated
 4049  area of such county until otherwise notified by the Florida
 4050  Building Commission under s. 553.73 or the State Fire Marshal
 4051  under s. 633.202. This subsection does not prevent the board of
 4052  county commissioners from repealing such amendment to the
 4053  building code or the fire code at any regular meeting of such
 4054  board.
 4055         Section 115. Paragraph (uuu) of subsection (7) of section
 4056  212.08, Florida Statutes, is amended to read:
 4057         212.08 Sales, rental, use, consumption, distribution, and
 4058  storage tax; specified exemptions.—The sale at retail, the
 4059  rental, the use, the consumption, the distribution, and the
 4060  storage to be used or consumed in this state of the following
 4061  are hereby specifically exempt from the tax imposed by this
 4062  chapter.
 4063         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 4064  entity by this chapter do not inure to any transaction that is
 4065  otherwise taxable under this chapter when payment is made by a
 4066  representative or employee of the entity by any means,
 4067  including, but not limited to, cash, check, or credit card, even
 4068  when that representative or employee is subsequently reimbursed
 4069  by the entity. In addition, exemptions provided to any entity by
 4070  this subsection do not inure to any transaction that is
 4071  otherwise taxable under this chapter unless the entity has
 4072  obtained a sales tax exemption certificate from the department
 4073  or the entity obtains or provides other documentation as
 4074  required by the department. Eligible purchases or leases made
 4075  with such a certificate must be in strict compliance with this
 4076  subsection and departmental rules, and any person who makes an
 4077  exempt purchase with a certificate that is not in strict
 4078  compliance with this subsection and the rules is liable for and
 4079  shall pay the tax. The department may adopt rules to administer
 4080  this subsection.
 4081         (uuu) Small private investigative agencies.—
 4082         1. As used in this paragraph, the term:
 4083         a. “Private investigation services” has the same meaning as
 4084  “private investigation,” as defined in s. 493.6101(17).
 4085         b. “Small private investigative agency” means a private
 4086  investigator licensed under s. 493.6201 which:
 4087         (I) Employs three or fewer full-time or part-time
 4088  employees, including those performing services pursuant to an
 4089  employee leasing arrangement as defined in s. 468.520 s.
 4090  468.520(4), in total; and
 4091         (II) During the previous calendar year, performed private
 4092  investigation services otherwise taxable under this chapter in
 4093  which the charges for the services performed were less than
 4094  $150,000 for all its businesses related through common
 4095  ownership.
 4096         2. The sale of private investigation services by a small
 4097  private investigative agency to a client is exempt from the tax
 4098  imposed by this chapter.
 4099         3. The exemption provided by this paragraph may not apply
 4100  in the first calendar year a small private investigative agency
 4101  conducts sales of private investigation services taxable under
 4102  this chapter.
 4103         Section 116. Paragraph (a) of subsection (19) of section
 4104  440.02, Florida Statutes, is amended to read:
 4105         440.02 Definitions.—When used in this chapter, unless the
 4106  context clearly requires otherwise, the following terms shall
 4107  have the following meanings:
 4108         (19)(a) “Employer” means the state and all political
 4109  subdivisions thereof, all public and quasi-public corporations
 4110  therein, every person carrying on any employment, and the legal
 4111  representative of a deceased person or the receiver or trustees
 4112  of any person. The term also includes employee leasing
 4113  companies, as defined in s. 468.520 s. 468.520(5), and
 4114  employment agencies that provide their own employees to other
 4115  persons. If the employer is a corporation, parties in actual
 4116  control of the corporation, including, but not limited to, the
 4117  president, officers who exercise broad corporate powers,
 4118  directors, and all shareholders who directly or indirectly own a
 4119  controlling interest in the corporation, are considered the
 4120  employer for the purposes of ss. 440.105, 440.106, and 440.107.
 4121         Section 117. Subsections (7), (8), and (9) of section
 4122  477.0135, Florida Statutes, are amended to read:
 4123         477.0135 Exemptions.—
 4124         (7) A license or registration is not required for a person
 4125  whose occupation or practice is confined solely to hair braiding
 4126  as defined in s. 477.013 s. 477.013(9).
 4127         (8) A license or registration is not required for a person
 4128  whose occupation or practice is confined solely to hair wrapping
 4129  as defined in s. 477.013 s. 477.013(10).
 4130         (9) A license or registration is not required for a person
 4131  whose occupation or practice is confined solely to body wrapping
 4132  as defined in s. 477.013 s. 477.013(12).
 4133         Section 118. Section 448.26, Florida Statutes, is amended
 4134  to read:
 4135         448.26 Application.—Nothing in this part shall exempt any
 4136  client of any labor pool or temporary help arrangement entity as
 4137  defined in s. 468.520(5)(a) s. 468.520(4)(a) or any assigned
 4138  employee from any other license requirements of state, local, or
 4139  federal law. Any employee assigned to a client who is licensed,
 4140  registered, or certified pursuant to law shall be deemed an
 4141  employee of the client for such licensure purposes but shall
 4142  remain an employee of the labor pool or temporary help
 4143  arrangement entity for purposes of chapters 440 and 443.
 4144         Section 119. Subsection (24) of section 489.103, Florida
 4145  Statutes, is amended to read:
 4146         489.103 Exemptions.—This part does not apply to:
 4147         (24) A member of the Miccosukee Tribe of Indians of Florida
 4148  or the Seminole Tribe of Florida when constructing chickees as
 4149  described in s. 553.73(11)(i) s. 553.73(10)(i).
 4150         Section 120. Subsection (2) of section 553.775, Florida
 4151  Statutes, is amended to read:
 4152         553.775 Interpretations.—
 4153         (2) Local enforcement agencies, local building officials,
 4154  state agencies, and the commission shall interpret provisions of
 4155  the Florida Building Code and the Florida Accessibility Code for
 4156  Building Construction in a manner that is consistent with
 4157  declaratory statements and interpretations entered by the
 4158  commission, except that conflicts between the Florida Fire
 4159  Prevention Code and the Florida Building Code shall be resolved
 4160  in accordance with s. 553.73(12)(c) and (d) s. 553.73(11)(c) and
 4161  (d).
 4162         Section 121. Subsection (4) of section 553.79, Florida
 4163  Statutes, is amended to read:
 4164         553.79 Permits; applications; issuance; inspections.—
 4165         (4) The Florida Building Code, after the effective date of
 4166  adoption pursuant to the provisions of this part, may be
 4167  modified by local governments to require more stringent
 4168  standards than those specified in the Florida Building Code,
 4169  provided the conditions of s. 553.73(5) s. 553.73(4) are met.
 4170         Section 122. Subsection (5) of section 553.844, Florida
 4171  Statutes, is amended to read:
 4172         553.844 Windstorm loss mitigation; requirements for roofs
 4173  and opening protection.—
 4174         (5) Notwithstanding any provision in the Florida Building
 4175  Code to the contrary, if an existing roofing system or roof
 4176  section was built, repaired, or replaced in compliance with the
 4177  requirements of the 2007 Florida Building Code, or any
 4178  subsequent editions of the Florida Building Code, and 25 percent
 4179  or more of such roofing system or roof section is being
 4180  repaired, replaced, or recovered, only the repaired, replaced,
 4181  or recovered portion is required to be constructed in accordance
 4182  with the Florida Building Code in effect, as applicable. The
 4183  Florida Building Commission shall adopt this exception by rule
 4184  and incorporate it in the Florida Building Code. Notwithstanding
 4185  s. 553.73(5) s. 553.73(4), a local government may not adopt by
 4186  ordinance an administrative or technical amendment to this
 4187  exception.
 4188         Section 123. Subsection (2) of section 569.34, Florida
 4189  Statutes, is amended to read:
 4190         569.34 Operating without a retail nicotine products dealer
 4191  permit; penalty.—
 4192         (2) A retail tobacco products dealer, as defined in s.
 4193  569.002 s. 569.002(4), is not required to have a separate or
 4194  additional retail nicotine products dealer permit to deal, at
 4195  retail, in nicotine products within this the state, or allow a
 4196  nicotine products vending machine to be located on its premises
 4197  in this the state. Any retail tobacco products dealer that
 4198  deals, at retail, in nicotine products or allows a nicotine
 4199  products vending machine to be located on its premises in this
 4200  the state, is subject to, and must be in compliance with, this
 4201  part.
 4202         Section 124. Section 569.35, Florida Statutes, is amended
 4203  to read:
 4204         569.35 Retail nicotine product dealers; administrative
 4205  penalties.—The division may suspend or revoke the permit of a
 4206  dealer, including the retail tobacco products dealer permit of a
 4207  retail tobacco products dealer as defined in s. 569.002 s.
 4208  569.002(4), upon sufficient cause appearing of the violation of
 4209  any of the provisions of this part or any violation of the laws
 4210  of this state or any state or territory of the United States, by
 4211  a dealer, or by a dealer’s agent or employee. The division may
 4212  also assess and accept an administrative fine of up to $1,000
 4213  against a dealer for each violation. The division shall deposit
 4214  all fines collected into the General Revenue Fund as collected.
 4215  An order imposing an administrative fine becomes effective 15
 4216  days after the date of the order. The division may suspend the
 4217  imposition of a penalty against a dealer, conditioned upon the
 4218  dealer’s compliance with terms the division considers
 4219  appropriate.
 4220         Section 125. Paragraph (d) of subsection (2) of section
 4221  604.50, Florida Statutes, is amended to read:
 4222         604.50 Nonresidential farm buildings; farm fences; farm
 4223  signs.—
 4224         (2) As used in this section, the term:
 4225         (d) “Nonresidential farm building” means any temporary or
 4226  permanent building or support structure that is classified as a
 4227  nonresidential farm building on a farm under s. 553.73(11)(c) s.
 4228  553.73(10)(c) or that is used primarily for agricultural
 4229  purposes, is located on land that is an integral part of a farm
 4230  operation or is classified as agricultural land under s.
 4231  193.461, and is not intended to be used as a residential
 4232  dwelling. The term may include, but is not limited to, a barn,
 4233  greenhouse, shade house, farm office, storage building, or
 4234  poultry house.
 4235         Section 126. Paragraph (a) of subsection (2) of section
 4236  627.192, Florida Statutes, is amended to read:
 4237         627.192 Workers’ compensation insurance; employee leasing
 4238  arrangements.—
 4239         (2) For purposes of the Florida Insurance Code:
 4240         (a) “Employee leasing” shall have the same meaning as set
 4241  forth in s. 468.520 s. 468.520(4).
 4242         Section 127. For the purpose of incorporating the amendment
 4243  made by this act to section 20.165, Florida Statutes, in a
 4244  reference thereto, paragraph (c) of subsection (3) of section
 4245  120.54, Florida Statutes, is reenacted to read:
 4246         120.54 Rulemaking.—
 4247         (3) ADOPTION PROCEDURES.—
 4248         (c) Hearings.—
 4249         1. If the intended action concerns any rule other than one
 4250  relating exclusively to procedure or practice, the agency shall,
 4251  on the request of any affected person received within 21 days
 4252  after the date of publication of the notice of intended agency
 4253  action, give affected persons an opportunity to present evidence
 4254  and argument on all issues under consideration. The agency may
 4255  schedule a public hearing on the rule and, if requested by any
 4256  affected person, shall schedule a public hearing on the rule.
 4257  When a public hearing is held, the agency must ensure that staff
 4258  are available to explain the agency’s proposal and to respond to
 4259  questions or comments regarding the rule. If the agency head is
 4260  a board or other collegial body created under s. 20.165(4) or s.
 4261  20.43(3)(g), and one or more requested public hearings is
 4262  scheduled, the board or other collegial body shall conduct at
 4263  least one of the public hearings itself and may not delegate
 4264  this responsibility without the consent of those persons
 4265  requesting the public hearing. Any material pertinent to the
 4266  issues under consideration submitted to the agency within 21
 4267  days after the date of publication of the notice or submitted to
 4268  the agency between the date of publication of the notice and the
 4269  end of the final public hearing shall be considered by the
 4270  agency and made a part of the record of the rulemaking
 4271  proceeding.
 4272         2. Rulemaking proceedings shall be governed solely by the
 4273  provisions of this section unless a person timely asserts that
 4274  the person’s substantial interests will be affected in the
 4275  proceeding and affirmatively demonstrates to the agency that the
 4276  proceeding does not provide adequate opportunity to protect
 4277  those interests. If the agency determines that the rulemaking
 4278  proceeding is not adequate to protect the person’s interests, it
 4279  shall suspend the rulemaking proceeding and convene a separate
 4280  proceeding under the provisions of ss. 120.569 and 120.57.
 4281  Similarly situated persons may be requested to join and
 4282  participate in the separate proceeding. Upon conclusion of the
 4283  separate proceeding, the rulemaking proceeding shall be resumed.
 4284         Section 128. For the purpose of incorporating the amendment
 4285  made by this act to section 20.165, Florida Statutes, in
 4286  references thereto, paragraph (b) of subsection (2) and
 4287  paragraph (a) of subsection (3) of section 120.74, Florida
 4288  Statutes, are reenacted to read:
 4289         120.74 Agency annual rulemaking and regulatory plans;
 4290  reports.—
 4291         (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
 4292         (b) To satisfy the requirements of paragraph (a), a board
 4293  established under s. 20.165(4), and any other board or
 4294  commission receiving administrative support from the Department
 4295  of Business and Professional Regulation, may coordinate with the
 4296  Department of Business and Professional Regulation, and a board
 4297  established under s. 20.43(3)(g) may coordinate with the
 4298  Department of Health, for inclusion of the board’s or
 4299  commission’s plan and notice of publication in the coordinating
 4300  department’s plan and notice and for the delivery of the
 4301  required documentation to the committee.
 4302         (3) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each
 4303  year:
 4304         (a) For each board established under s. 20.165(4) and any
 4305  other board or commission receiving administrative support from
 4306  the Department of Business and Professional Regulation, the
 4307  Department of Business and Professional Regulation shall file
 4308  with the committee a certification that the department has
 4309  reviewed each board’s and commission’s regulatory plan. A
 4310  certification may relate to more than one board or commission.
 4311         Section 129. For the purpose of incorporating the amendment
 4312  made by this act to section 20.165, Florida Statutes, in a
 4313  reference thereto, subsection (3) of section 468.4315, Florida
 4314  Statutes, is reenacted to read:
 4315         468.4315 Regulatory Council of Community Association
 4316  Managers.—
 4317         (3) To the extent the council is authorized to exercise
 4318  functions otherwise exercised by a board pursuant to chapter
 4319  455, the provisions of chapter 455 and s. 20.165 relating to
 4320  regulatory boards shall apply, including, but not limited to,
 4321  provisions relating to board rules and the accountability and
 4322  liability of board members. All proceedings and actions of the
 4323  council are subject to the provisions of chapter 120. In
 4324  addition, the provisions of chapter 455 and s. 20.165 shall
 4325  apply to the department in carrying out the duties and
 4326  authorities conferred upon the department by this part.
 4327         Section 130. For the purpose of incorporating the amendment
 4328  made by this act to section 20.165, Florida Statutes, in a
 4329  reference thereto, section 468.523, Florida Statutes, is
 4330  reenacted to read:
 4331         468.523 Applicability of s. 20.165 and ch. 455.—All
 4332  provisions of s. 20.165 and chapter 455 relating to activities
 4333  of regulatory boards shall apply.
 4334         Section 131. For the purpose of incorporating the amendment
 4335  made by this act to section 448.095, Florida Statutes, in a
 4336  reference thereto, subsection (2) of section 448.09, Florida
 4337  Statutes, is reenacted to read:
 4338         448.09 Unauthorized aliens; employment prohibited.—
 4339         (2) If the Department of Commerce finds or is notified by
 4340  an entity specified in s. 448.095(3)(a) that an employer has
 4341  knowingly employed an unauthorized alien without verifying the
 4342  employment eligibility of such person, the department must enter
 4343  an order pursuant to chapter 120 making such determination and
 4344  require repayment of any economic development incentive pursuant
 4345  to s. 288.061(6).
 4346         Section 132. For the purpose of incorporating the amendment
 4347  made by this act to section 481.219, Florida Statutes, in a
 4348  reference thereto, paragraph (h) of subsection (2) of section
 4349  287.055, Florida Statutes, is reenacted to read:
 4350         287.055 Acquisition of professional architectural,
 4351  engineering, landscape architectural, or surveying and mapping
 4352  services; definitions; procedures; contingent fees prohibited;
 4353  penalties.—
 4354         (2) DEFINITIONS.—For purposes of this section:
 4355         (h) A “design-build firm” means a partnership, corporation,
 4356  or other legal entity that:
 4357         1. Is certified under s. 489.119 to engage in contracting
 4358  through a certified or registered general contractor or a
 4359  certified or registered building contractor as the qualifying
 4360  agent; or
 4361         2. Is qualified under s. 471.023 to practice or to offer to
 4362  practice engineering; qualified under s. 481.219 to practice or
 4363  to offer to practice architecture; or qualified under s. 481.319
 4364  to practice or to offer to practice landscape architecture.
 4365         Section 133. For the purpose of incorporating the amendment
 4366  made by this act to sections 481.221 and 481.223, Florida
 4367  Statutes, in references thereto, paragraph (a) of subsection (1)
 4368  of section 481.225, Florida Statutes, is reenacted to read:
 4369         481.225 Disciplinary proceedings against registered
 4370  architects.—
 4371         (1) The following acts constitute grounds for which the
 4372  disciplinary actions in subsection (3) may be taken:
 4373         (a) Violating any provision of s. 455.227(1), s. 481.221,
 4374  or s. 481.223, or any rule of the board or department lawfully
 4375  adopted pursuant to this part or chapter 455.
 4376         Section 134. For the purpose of incorporating the amendment
 4377  made by this act to section 481.229, Florida Statutes, in a
 4378  reference thereto, subsection (4) of section 1013.45, Florida
 4379  Statutes, is reenacted to read:
 4380         1013.45 Educational facilities contracting and construction
 4381  techniques for school districts and Florida College System
 4382  institutions.—
 4383         (4) Except as otherwise provided in this section and s.
 4384  481.229, the services of a registered architect must be used for
 4385  the development of plans for the erection, enlargement, or
 4386  alteration of any educational facility. The services of a
 4387  registered architect are not required for a minor renovation
 4388  project for which the construction cost is less than $50,000 or
 4389  for the placement or hookup of relocatable educational
 4390  facilities that conform to standards adopted under s. 1013.37.
 4391  However, boards must provide compliance with building code
 4392  requirements and ensure that these structures are adequately
 4393  anchored for wind resistance as required by law. A district
 4394  school board shall reuse existing construction documents or
 4395  design criteria packages if such reuse is feasible and
 4396  practical. If a school district’s 5-year educational facilities
 4397  work plan includes the construction of two or more new schools
 4398  for students in the same grade group and program, such as
 4399  elementary, middle, or high school, the district school board
 4400  must require that prototype design and construction be used for
 4401  the construction of these schools. Notwithstanding s. 287.055, a
 4402  board may purchase the architectural services for the design of
 4403  educational or ancillary facilities under an existing contract
 4404  agreement for professional services held by a district school
 4405  board in the State of Florida, provided that the purchase is to
 4406  the economic advantage of the purchasing board, the services
 4407  conform to the standards prescribed by rules of the State Board
 4408  of Education, and such reuse is not without notice to, and
 4409  permission from, the architect of record whose plans or design
 4410  criteria are being reused. Plans must be reviewed for compliance
 4411  with the State Requirements for Educational Facilities. Rules
 4412  adopted under this section must establish uniform
 4413  prequalification, selection, bidding, and negotiation procedures
 4414  applicable to construction management contracts and the design
 4415  build process. This section does not supersede any small, woman
 4416  owned, or minority-owned business enterprise preference program
 4417  adopted by a board. Except as otherwise provided in this
 4418  section, the negotiation procedures applicable to construction
 4419  management contracts and the design-build process must conform
 4420  to the requirements of s. 287.055. A board may not modify any
 4421  rules regarding construction management contracts or the design
 4422  build process.
 4423         Section 135. For the purpose of incorporating the amendment
 4424  made by this act to section 499.012, Florida Statutes, in a
 4425  reference thereto, paragraph (b) of subsection (1) of section
 4426  499.067, Florida Statutes, is reenacted to read:
 4427         499.067 Denial, suspension, or revocation of permit,
 4428  certification, or registration.—
 4429         (1)
 4430         (b) The department may deny an application for a permit or
 4431  certification, or suspend or revoke a permit or certification,
 4432  if the department finds that:
 4433         1. The applicant is not of good moral character or that it
 4434  would be a danger or not in the best interest of the public
 4435  health, safety, and welfare if the applicant were issued a
 4436  permit or certification.
 4437         2. The applicant has not met the requirements for the
 4438  permit or certification.
 4439         3. The applicant is not eligible for a permit or
 4440  certification for any of the reasons enumerated in s. 499.012.
 4441         4. The applicant, permittee, or person certified under s.
 4442  499.012(15) demonstrates any of the conditions enumerated in s.
 4443  499.012.
 4444         5. The applicant, permittee, or person certified under s.
 4445  499.012(15) has committed any violation of this chapter.
 4446         Section 136. For the purpose of incorporating the amendment
 4447  made by this act to section 499.0121, Florida Statutes, in a
 4448  reference thereto, paragraph (f) of subsection (3) of section
 4449  458.3265, Florida Statutes, is reenacted to read:
 4450         458.3265 Pain-management clinics.—
 4451         (3) PHYSICIAN RESPONSIBILITIES.—These responsibilities
 4452  apply to any physician who provides professional services in a
 4453  pain-management clinic that is required to be registered in
 4454  subsection (1).
 4455         (f) Each physician practicing in a pain-management clinic
 4456  is responsible for ensuring compliance with the following
 4457  facility and physical operations requirements:
 4458         1. A pain-management clinic shall be located and operated
 4459  at a publicly accessible fixed location and must:
 4460         a. Display a sign that can be viewed by the public that
 4461  contains the clinic name, hours of operations, and a street
 4462  address.
 4463         b. Have a publicly listed telephone number and a dedicated
 4464  phone number to send and receive faxes with a fax machine that
 4465  shall be operational 24 hours per day.
 4466         c. Have emergency lighting and communications.
 4467         d. Have a reception and waiting area.
 4468         e. Provide a restroom.
 4469         f. Have an administrative area, including room for storage
 4470  of medical records, supplies, and equipment.
 4471         g. Have private patient examination rooms.
 4472         h. Have treatment rooms, if treatment is being provided to
 4473  the patients.
 4474         i. Display a printed sign located in a conspicuous place in
 4475  the waiting room viewable by the public with the name and
 4476  contact information of the clinic’s designated physician and the
 4477  names of all physicians practicing in the clinic.
 4478         j. If the clinic stores and dispenses prescription drugs,
 4479  comply with ss. 499.0121 and 893.07.
 4480         2. This section does not excuse a physician from providing
 4481  any treatment or performing any medical duty without the proper
 4482  equipment and materials as required by the standard of care.
 4483  This section does not supersede the level of care, skill, and
 4484  treatment recognized in general law related to health care
 4485  licensure.
 4486         Section 137. For the purpose of incorporating the amendment
 4487  made by this act to section 499.0121, Florida Statutes, in a
 4488  reference thereto, paragraph (f) of subsection (3) of section
 4489  459.0137, Florida Statutes, is reenacted to read:
 4490         459.0137 Pain-management clinics.—
 4491         (3) PHYSICIAN RESPONSIBILITIES.—These responsibilities
 4492  apply to any osteopathic physician who provides professional
 4493  services in a pain-management clinic that is required to be
 4494  registered in subsection (1).
 4495         (f) Each osteopathic physician practicing in a pain
 4496  management clinic is responsible for ensuring compliance with
 4497  the following facility and physical operations requirements:
 4498         1. A pain-management clinic shall be located and operated
 4499  at a publicly accessible fixed location and must:
 4500         a. Display a sign that can be viewed by the public that
 4501  contains the clinic name, hours of operations, and a street
 4502  address.
 4503         b. Have a publicly listed telephone number and a dedicated
 4504  phone number to send and receive faxes with a fax machine that
 4505  shall be operational 24 hours per day.
 4506         c. Have emergency lighting and communications.
 4507         d. Have a reception and waiting area.
 4508         e. Provide a restroom.
 4509         f. Have an administrative area including room for storage
 4510  of medical records, supplies, and equipment.
 4511         g. Have private patient examination rooms.
 4512         h. Have treatment rooms, if treatment is being provided to
 4513  the patient.
 4514         i. Display a printed sign located in a conspicuous place in
 4515  the waiting room viewable by the public with the name and
 4516  contact information of the clinic-designated physician and the
 4517  names of all physicians practicing in the clinic.
 4518         j. If the clinic stores and dispenses prescription drugs,
 4519  comply with ss. 499.0121 and 893.07.
 4520         2. This section does not excuse an osteopathic physician
 4521  from providing any treatment or performing any medical duty
 4522  without the proper equipment and materials as required by the
 4523  standard of care. This section does not supersede the level of
 4524  care, skill, and treatment recognized in general law related to
 4525  health care licensure.
 4526         Section 138. For the purpose of incorporating the amendment
 4527  made by this act to section 499.0121, Florida Statutes, in
 4528  references thereto, paragraphs (a), (c), (h), (j) through (m),
 4529  and (q) of subsection (2) of section 499.01, Florida Statutes,
 4530  are reenacted to read:
 4531         499.01 Permits.—
 4532         (2) The following permits are established:
 4533         (a) Prescription drug manufacturer permit.—A prescription
 4534  drug manufacturer permit is required for any person that is a
 4535  manufacturer of a prescription drug and that manufactures or
 4536  distributes such prescription drugs in this state.
 4537         1. A person that operates an establishment permitted as a
 4538  prescription drug manufacturer may engage in distribution of
 4539  prescription drugs for which the person is the manufacturer and
 4540  must comply with s. 499.0121 and all other provisions of this
 4541  part and rules adopted under this part. The department shall
 4542  adopt rules for issuing a virtual prescription drug manufacturer
 4543  permit to a person who engages in the manufacture of
 4544  prescription drugs but does not make or take physical possession
 4545  of any prescription drugs. The rules adopted by the department
 4546  under this section may exempt virtual manufacturers from certain
 4547  establishment, security, and storage requirements set forth in
 4548  s. 499.0121.
 4549         2. A prescription drug manufacturer must comply with all
 4550  appropriate state and federal good manufacturing practices.
 4551         3. A blood establishment, as defined in s. 381.06014,
 4552  operating in a manner consistent with the provisions of 21
 4553  C.F.R. parts 211 and 600-640, and manufacturing only the
 4554  prescription drugs described in s. 499.003(48)(j) is not
 4555  required to be permitted as a prescription drug manufacturer
 4556  under this paragraph or to register products under s. 499.015.
 4557         (c) Nonresident prescription drug manufacturer permit.—A
 4558  nonresident prescription drug manufacturer permit is required
 4559  for any person that is a manufacturer of prescription drugs,
 4560  unless permitted as a third party logistics provider, located
 4561  outside of this state or outside the United States and that
 4562  engages in the distribution in this state of such prescription
 4563  drugs. Each such manufacturer must be permitted by the
 4564  department and comply with all of the provisions required of a
 4565  prescription drug manufacturer under this part. The department
 4566  shall adopt rules for issuing a virtual nonresident prescription
 4567  drug manufacturer permit to a person who engages in the
 4568  manufacture of prescription drugs but does not make or take
 4569  physical possession of any prescription drugs. The rules adopted
 4570  by the department under this section may exempt virtual
 4571  nonresident manufacturers from certain establishment, security,
 4572  and storage requirements set forth in s. 499.0121.
 4573         1. A person that distributes prescription drugs for which
 4574  the person is not the manufacturer must also obtain an out-of
 4575  state prescription drug wholesale distributor permit or third
 4576  party logistics provider permit pursuant to this section to
 4577  engage in the distribution of such prescription drugs when
 4578  required by this part. This subparagraph does not apply to a
 4579  manufacturer that distributes prescription drugs only for the
 4580  manufacturer of the prescription drugs where both manufacturers
 4581  are affiliates.
 4582         2. Any such person must comply with the licensing or
 4583  permitting requirements of the jurisdiction in which the
 4584  establishment is located and the federal act, and any
 4585  prescription drug distributed into this state must comply with
 4586  this part. If a person intends to import prescription drugs from
 4587  a foreign country into this state, the nonresident prescription
 4588  drug manufacturer must provide to the department a list
 4589  identifying each prescription drug it intends to import and
 4590  document approval by the United States Food and Drug
 4591  Administration for such importation.
 4592         (h) Restricted prescription drug distributor permit.—
 4593         1. A restricted prescription drug distributor permit is
 4594  required for:
 4595         a. Any person located in this state who engages in the
 4596  distribution of a prescription drug, which distribution is not
 4597  considered “wholesale distribution” under s. 499.003(48)(a).
 4598         b. Any person located in this state who engages in the
 4599  receipt or distribution of a prescription drug in this state for
 4600  the purpose of processing its return or its destruction if such
 4601  person is not the person initiating the return, the prescription
 4602  drug wholesale supplier of the person initiating the return, or
 4603  the manufacturer of the drug.
 4604         c. A blood establishment located in this state which
 4605  collects blood and blood components only from volunteer donors
 4606  as defined in s. 381.06014 or pursuant to an authorized
 4607  practitioner’s order for medical treatment or therapy and
 4608  engages in the wholesale distribution of a prescription drug not
 4609  described in s. 499.003(48)(j) to a health care entity. A mobile
 4610  blood unit operated by a blood establishment permitted under
 4611  this sub-subparagraph is not required to be separately
 4612  permitted. The health care entity receiving a prescription drug
 4613  distributed under this sub-subparagraph must be licensed as a
 4614  closed pharmacy or provide health care services at that
 4615  establishment. The blood establishment must operate in
 4616  accordance with s. 381.06014 and may distribute only:
 4617         (I) Prescription drugs indicated for a bleeding or clotting
 4618  disorder or anemia;
 4619         (II) Blood-collection containers approved under s. 505 of
 4620  the federal act;
 4621         (III) Drugs that are blood derivatives, or a recombinant or
 4622  synthetic form of a blood derivative;
 4623         (IV) Prescription drugs that are identified in rules
 4624  adopted by the department and that are essential to services
 4625  performed or provided by blood establishments and authorized for
 4626  distribution by blood establishments under federal law; or
 4627         (V) To the extent authorized by federal law, drugs
 4628  necessary to collect blood or blood components from volunteer
 4629  blood donors; for blood establishment personnel to perform
 4630  therapeutic procedures under the direction and supervision of a
 4631  licensed physician; and to diagnose, treat, manage, and prevent
 4632  any reaction of a volunteer blood donor or a patient undergoing
 4633  a therapeutic procedure performed under the direction and
 4634  supervision of a licensed physician,
 4635  
 4636  as long as all of the health care services provided by the blood
 4637  establishment are related to its activities as a registered
 4638  blood establishment or the health care services consist of
 4639  collecting, processing, storing, or administering human
 4640  hematopoietic stem cells or progenitor cells or performing
 4641  diagnostic testing of specimens if such specimens are tested
 4642  together with specimens undergoing routine donor testing. The
 4643  blood establishment may purchase and possess the drugs described
 4644  in this sub-subparagraph without a health care clinic
 4645  establishment permit.
 4646         2. Storage, handling, and recordkeeping of these
 4647  distributions by a person required to be permitted as a
 4648  restricted prescription drug distributor must be in accordance
 4649  with the requirements for wholesale distributors under s.
 4650  499.0121.
 4651         3. A person who applies for a permit as a restricted
 4652  prescription drug distributor, or for the renewal of such a
 4653  permit, must provide to the department the information required
 4654  under s. 499.012.
 4655         4. The department may adopt rules regarding the
 4656  distribution of prescription drugs by hospitals, health care
 4657  entities, charitable organizations, other persons not involved
 4658  in wholesale distribution, and blood establishments, which rules
 4659  are necessary for the protection of the public health, safety,
 4660  and welfare.
 4661         5. A restricted prescription drug distributor permit is not
 4662  required for distributions between pharmacies that each hold an
 4663  active permit under chapter 465, have a common ownership, and
 4664  are operating in a freestanding end-stage renal dialysis clinic,
 4665  if such distributions are made to meet the immediate emergency
 4666  medical needs of specifically identified patients and do not
 4667  occur with such frequency as to amount to the regular and
 4668  systematic supplying of that drug between the pharmacies. The
 4669  department shall adopt rules establishing when the distribution
 4670  of a prescription drug under this subparagraph amounts to the
 4671  regular and systematic supplying of that drug.
 4672         6. A restricted prescription drug distributor permit is not
 4673  required for distributing medicinal drugs or prepackaged drug
 4674  products between entities under common control that each hold
 4675  either an active Class III institutional pharmacy permit under
 4676  chapter 465 or an active health care clinic establishment permit
 4677  under paragraph (r). For purposes of this subparagraph, the term
 4678  “common control” has the same meaning as in s. 499.003(48)(a)3.
 4679         (j) Freight forwarder permit.—A freight forwarder permit is
 4680  required for any person that engages in the distribution of a
 4681  prescription drug as a freight forwarder unless the person is a
 4682  common carrier. The storage, handling, and recordkeeping of such
 4683  distributions must comply with the requirements for wholesale
 4684  distributors under s. 499.0121. A freight forwarder must provide
 4685  the source of the prescription drugs with a validated airway
 4686  bill, bill of lading, or other appropriate documentation to
 4687  evidence the exportation of the product.
 4688         (k) Veterinary prescription drug retail establishment
 4689  permit.—A veterinary prescription drug retail establishment
 4690  permit is required for any person that sells veterinary
 4691  prescription drugs to the public but does not include a pharmacy
 4692  licensed under chapter 465.
 4693         1. The sale to the public must be based on a valid written
 4694  order from a veterinarian licensed in this state who has a valid
 4695  client-veterinarian relationship with the purchaser’s animal.
 4696         2. Veterinary prescription drugs may not be sold in excess
 4697  of the amount clearly indicated on the order or beyond the date
 4698  indicated on the order.
 4699         3. An order may not be valid for more than 1 year.
 4700         4. A veterinary prescription drug retail establishment may
 4701  not purchase, sell, trade, or possess human prescription drugs
 4702  or any controlled substance as defined in chapter 893.
 4703         5. A veterinary prescription drug retail establishment must
 4704  sell a veterinary prescription drug in the original, sealed
 4705  manufacturer’s container with all labeling intact and legible.
 4706  The department may adopt by rule additional labeling
 4707  requirements for the sale of a veterinary prescription drug.
 4708         6. A veterinary prescription drug retail establishment must
 4709  comply with all of the wholesale distribution requirements of s.
 4710  499.0121.
 4711         7. Prescription drugs sold by a veterinary prescription
 4712  drug retail establishment pursuant to a practitioner’s order may
 4713  not be returned into the retail establishment’s inventory.
 4714         (l) Veterinary prescription drug wholesale distributor
 4715  permit.—A veterinary prescription drug wholesale distributor
 4716  permit is required for any person that engages in the
 4717  distribution of veterinary prescription drugs in or into this
 4718  state. A veterinary prescription drug wholesale distributor that
 4719  also distributes prescription drugs subject to, defined by, or
 4720  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 4721  Act which it did not manufacture must obtain a permit as a
 4722  prescription drug wholesale distributor, an out-of-state
 4723  prescription drug wholesale distributor, or a limited
 4724  prescription drug veterinary wholesale distributor in lieu of
 4725  the veterinary prescription drug wholesale distributor permit. A
 4726  veterinary prescription drug wholesale distributor must comply
 4727  with the requirements for wholesale distributors under s.
 4728  499.0121.
 4729         (m) Limited prescription drug veterinary wholesale
 4730  distributor permit.—Unless engaging in the activities of and
 4731  permitted as a prescription drug manufacturer, nonresident
 4732  prescription drug manufacturer, prescription drug wholesale
 4733  distributor, or out-of-state prescription drug wholesale
 4734  distributor, a limited prescription drug veterinary wholesale
 4735  distributor permit is required for any person that engages in
 4736  the distribution in or into this state of veterinary
 4737  prescription drugs and prescription drugs subject to, defined
 4738  by, or described by s. 503(b) of the Federal Food, Drug, and
 4739  Cosmetic Act under the following conditions:
 4740         1. The person is engaged in the business of wholesaling
 4741  prescription and veterinary prescription drugs to persons:
 4742         a. Licensed as veterinarians practicing on a full-time
 4743  basis;
 4744         b. Regularly and lawfully engaged in instruction in
 4745  veterinary medicine;
 4746         c. Regularly and lawfully engaged in law enforcement
 4747  activities;
 4748         d. For use in research not involving clinical use; or
 4749         e. For use in chemical analysis or physical testing or for
 4750  purposes of instruction in law enforcement activities, research,
 4751  or testing.
 4752         2. No more than 30 percent of total annual prescription
 4753  drug sales may be prescription drugs approved for human use
 4754  which are subject to, defined by, or described by s. 503(b) of
 4755  the Federal Food, Drug, and Cosmetic Act.
 4756         3. The person does not distribute in any jurisdiction
 4757  prescription drugs subject to, defined by, or described by s.
 4758  503(b) of the Federal Food, Drug, and Cosmetic Act to any person
 4759  who is authorized to sell, distribute, purchase, trade, or use
 4760  these drugs on or for humans.
 4761         4. A limited prescription drug veterinary wholesale
 4762  distributor that applies to the department for a new permit or
 4763  the renewal of a permit must submit a bond of $20,000, or other
 4764  equivalent means of security acceptable to the department, such
 4765  as an irrevocable letter of credit or a deposit in a trust
 4766  account or financial institution, payable to the Professional
 4767  Regulation Trust Fund. The purpose of the bond is to secure
 4768  payment of any administrative penalties imposed by the
 4769  department and any fees and costs incurred by the department
 4770  regarding that permit which are authorized under state law and
 4771  which the permittee fails to pay 30 days after the fine or costs
 4772  become final. The department may make a claim against such bond
 4773  or security until 1 year after the permittee’s license ceases to
 4774  be valid or until 60 days after any administrative or legal
 4775  proceeding authorized in this part which involves the permittee
 4776  is concluded, including any appeal, whichever occurs later.
 4777         5. A limited prescription drug veterinary wholesale
 4778  distributor must maintain at all times a license or permit to
 4779  engage in the wholesale distribution of prescription drugs in
 4780  compliance with laws of the state in which it is a resident.
 4781         6. A limited prescription drug veterinary wholesale
 4782  distributor must comply with the requirements for wholesale
 4783  distributors under s. 499.0121.
 4784         7. A limited prescription drug veterinary wholesale
 4785  distributor may not return to inventory for subsequent wholesale
 4786  distribution any prescription drug subject to, defined by, or
 4787  described by s. 503(b) of the Federal Food, Drug, and Cosmetic
 4788  Act which has been returned by a veterinarian.
 4789         8. A limited prescription drug veterinary wholesale
 4790  distributor permit is not required for an intracompany sale or
 4791  transfer of a prescription drug from an out-of-state
 4792  establishment that is duly licensed to engage in the wholesale
 4793  distribution of prescription drugs in its state of residence to
 4794  a licensed limited prescription drug veterinary wholesale
 4795  distributor in this state if both wholesale distributors conduct
 4796  wholesale distributions of prescription drugs under the same
 4797  business name. The recordkeeping requirements of s. 499.0121(6)
 4798  must be followed for this transaction.
 4799         (q) Third party logistics provider permit.—A third party
 4800  logistics provider permit is required for any person that
 4801  contracts with a prescription drug wholesale distributor or
 4802  prescription drug manufacturer to provide warehousing,
 4803  distribution, or other logistics services on behalf of a
 4804  manufacturer, wholesale distributor, or dispenser, but who does
 4805  not take title to the prescription drug or have responsibility
 4806  to direct the sale or disposition of the prescription drug. A
 4807  third party logistics provider located outside of this state
 4808  must be licensed in the state or territory from which the
 4809  prescription drug is distributed by the third party logistics
 4810  provider. If the state or territory from which the third party
 4811  logistics provider originates does not require a license to
 4812  operate as a third party logistics provider, the third party
 4813  logistics provider must be licensed as a third party logistics
 4814  provider as required by the federal act. Each third party
 4815  logistics provider permittee shall comply with s. 499.0121 and
 4816  other rules that the department requires.
 4817         Section 139. For the purpose of incorporating the amendment
 4818  made by this act to section 499.041, Florida Statutes, in a
 4819  reference thereto, paragraph (a) of subsection (1) of section
 4820  499.015, Florida Statutes, is reenacted to read:
 4821         499.015 Registration of drugs and devices; issuance of
 4822  certificates of free sale.—
 4823         (1)(a) Except for those persons exempted from the
 4824  definition of manufacturer in s. 499.003, any person who
 4825  manufactures, packages, repackages, labels, or relabels a drug
 4826  or device in this state must register such drug or device
 4827  biennially with the department; pay a fee in accordance with the
 4828  fee schedule provided by s. 499.041; and comply with this
 4829  section. The registrant must list each separate and distinct
 4830  drug or device at the time of registration.
 4831         Section 140. For the purpose of incorporating the amendment
 4832  made by this act to section 713.03, Florida Statutes, in a
 4833  reference thereto, subsection (19) of section 713.01, Florida
 4834  Statutes, is reenacted to read:
 4835         713.01 Definitions.—As used in this part, the term:
 4836         (19) “Lienor” means a person who is:
 4837         (a) A contractor;
 4838         (b) A subcontractor;
 4839         (c) A sub-subcontractor;
 4840         (d) A laborer;
 4841         (e) A materialman who contracts with the owner, a
 4842  contractor, a subcontractor, or a sub-subcontractor; or
 4843         (f) A professional lienor under s. 713.03;
 4844  
 4845  and who has a lien or prospective lien upon real property under
 4846  this part, and includes his or her successor in interest. No
 4847  other person may have a lien under this part.
 4848         Section 141. For the purpose of incorporating the amendment
 4849  made by this act to section 713.03, Florida Statutes, in a
 4850  reference thereto, subsection (1) of section 713.02, Florida
 4851  Statutes, is reenacted to read:
 4852         713.02 Types of lienors and exemptions.—
 4853         (1) Persons performing the services described in s. 713.03
 4854  shall have rights to a lien on real property as provided in that
 4855  section.
 4856         Section 142. This act shall take effect July 1, 2025.