Florida Senate - 2026 SB 1666
By Senator Burgess
23-00733B-26 20261666__
1 A bill to be entitled
2 An act relating to the Department of Business and
3 Professional Regulation; amending s. 20.165, F.S.;
4 revising the list of boards and programs established
5 under the Division of Professions within the
6 department; conforming provisions to changes made by
7 the act; amending s. 326.002, F.S.; designating the
8 Division of Professions of the department as the
9 division overseeing yacht and ship brokers; amending
10 s. 326.006, F.S.; designating the Professional
11 Regulation Trust Fund as the trust fund related to the
12 regulation of yacht and ship brokers; revising that
13 all fees related to the regulation of yacht and ship
14 brokers be deposited in the Professional Regulation
15 Trust Fund, rather than the Division of Florida
16 Condominiums, Timeshares, and Mobile Homes Trust Fund;
17 amending s. 399.035, F.S.; revising elevator
18 accessibility requirements for ambulance stretchers;
19 amending s. 455.02, F.S.; providing that members of
20 the Armed Forces in good standing and their spouses or
21 surviving spouses who apply to administrative boards
22 or programs for licensure are required to submit
23 fingerprints only for those professions that require
24 fingerprints for initial licensure; amending s.
25 455.213, F.S.; deleting a requirement that the board
26 regulating cosmetologists or cosmetology specialists
27 review an applicant’s criminal record; requiring
28 specified persons or entities to create and maintain
29 an account with the department’s online system;
30 requiring such persons or entities to provide
31 specified information on the department’s online
32 system; requiring such persons to use forms furnished
33 by the department; prohibiting the department from
34 processing an application not submitted through its
35 online system; amending s. 471.015, F.S.; revising the
36 criteria for the Board of Professional Engineers to
37 certify applicants as qualified for licensure by
38 endorsement as engineers; amending s. 473.3065, F.S.;
39 renaming the Certified Public Accountant Education
40 Minority Assistance Advisory Council as the Certified
41 Public Accountant Education Opportunity Assistance
42 Advisory Council; revising the purpose of the Clay
43 Ford Scholarship Program; revising eligibility
44 criteria for receipt of the scholarship; revising the
45 criteria for membership and filling a vacancy on the
46 council; amending s. 475.628, F.S.; prohibiting the
47 board regulating appraisers from adopting standards
48 that violate the laws of this state; deleting a
49 requirement that an appraiser comply with certain
50 standards for nonfederally related transactions;
51 amending s. 476.034, F.S.; revising the definition of
52 the term “barbershop”; amending s. 476.054, F.S.;
53 deleting certain prohibitions on term limits for
54 persons appointed to serve on the Barbers’ Board;
55 amending s. 476.064, F.S.; deleting what constitutes a
56 quorum at board meetings; amending s. 476.184, F.S.;
57 requiring the department to adopt rules; requiring a
58 mobile barbershop to comply with all licensure and
59 operating requirements that apply to a barbershop at a
60 fixed location; providing an exception; requiring a
61 mobile barbershop to have a permanent business address
62 in a specified location; requiring that certain
63 records be kept at the permanent business address;
64 requiring a mobile barbershop licenseholder to file
65 with the department a written monthly itinerary that
66 provides certain information; requiring a mobile
67 barbershop licenseholder to comply with certain laws
68 and ordinances; making technical changes; amending s.
69 476.188, F.S.; providing that a barbershop must be
70 licensed, rather than registered, with the department;
71 authorizing the practice of barbering to be performed
72 in a location other than a licensed barbershop under
73 certain circumstances; conforming provisions to
74 changes made by the act; amending s. 477.015, F.S.;
75 revising the number of, and criteria for, members of
76 the Board of Cosmetology; deleting a prohibition
77 against a specified number of consecutive term limits;
78 deleting what constitutes a quorum at board meetings;
79 amending s. 481.213, F.S.; revising the criteria for
80 the Board of Architecture and Interior Design to
81 certify applicants as qualified for licensure by
82 endorsement as architects or for registration as
83 registered interior designers; conforming provisions
84 to changes made by the act; making technical changes;
85 amending s. 489.107, F.S.; revising the quorum
86 requirements of the Construction Industry Licensing
87 Board; making a technical change; amending s. 489.111,
88 F.S.; deleting a requirement that the Department of
89 Business and Professional Regulation ensure a
90 sensitivity review committee is established; amending
91 s. 489.115, F.S.; revising the criteria for the
92 Construction Industry Licensing Board to certify
93 applicants as qualified for certification by
94 endorsement for a construction contractor’s license;
95 amending s. 489.511, F.S.; revising the criteria for
96 the Electrical Contractors’ Licensing Board to certify
97 applicants as qualified for certification by
98 endorsement for an electrical contractor’s license;
99 amending s. 499.012, F.S.; revising permit application
100 requirements for a prescription drug wholesale
101 distributor; amending s. 499.0121, F.S.; revising the
102 list of responsible persons a prescription drug
103 wholesale distributor is required to establish and
104 maintain; repealing s. 499.01211, F.S., relating to
105 the Drug Wholesale Distributor Advisory Council;
106 amending s. 499.041, F.S.; deleting a requirement that
107 the department assess each person applying for
108 certification as a designated representative a fee,
109 plus the cost of processing a criminal history record
110 check; amending ss. 499.0661 and 499.067, F.S.;
111 conforming provisions to changes made by the act;
112 amending s. 509.2015, F.S.; revising where a public
113 lodging establishment must post notice of a telephone
114 surcharge; deleting the size of such notice; amending
115 s. 553.73, F.S.; requiring local amendments to the
116 administrative provisions of the Florida Building Code
117 be more stringent than the minimum standards described
118 in this section; making technical changes; amending s.
119 553.791, F.S.; revising the requirements for private
120 providers or any duly authorized representatives who
121 perform certain plan reviews or inspections; requiring
122 the department to adopt rules; reenacting ss.
123 120.54(3)(c) and 120.74(2)(b) and (3)(a), F.S.,
124 relating to adoption procedures and agency annual
125 rulemaking and regulatory plans and reports,
126 respectively, to incorporate the amendment made to s.
127 20.165, F.S., in references thereto; reenacting ss.
128 326.003 and 326.004(5) and (7)(b), F.S., relating to
129 administration and licensing, respectively, to
130 incorporate the amendment made to s. 326.001, F.S., in
131 references thereto; reenacting ss. 499.003(4), F.S.,
132 relating to definitions of terms, to incorporate the
133 amendment made to s. 499.012, F.S., in a reference
134 thereto; providing an effective date.
135
136 Be It Enacted by the Legislature of the State of Florida:
137
138 Section 1. Paragraph (a) of subsection (4) and subsection
139 (5) of section 20.165, Florida Statutes, are amended to read:
140 20.165 Department of Business and Professional Regulation.
141 There is created a Department of Business and Professional
142 Regulation.
143 (4)(a) The following boards, and programs, commissions, and
144 councils are established within the Division of Professions:
145 1. Board of Architecture and Interior Design, created under
146 part I of chapter 481.
147 2. Florida Board of Auctioneers, created under part VI of
148 chapter 468.
149 3. Barbers’ Board, created under chapter 476.
150 4. Florida Building Code Administrators and Inspectors
151 Board, created under part XII of chapter 468.
152 5. Construction Industry Licensing Board, created under
153 part I of chapter 489.
154 6. Board of Cosmetology, created under chapter 477.
155 7. Electrical Contractors’ Licensing Board, created under
156 part II of chapter 489.
157 8. Board of Employee Leasing Companies, created under part
158 XI of chapter 468.
159 9. Board of Landscape Architecture, created under part II
160 of chapter 481.
161 10. Board of Pilot Commissioners, created under chapter
162 310.
163 11. Board of Professional Engineers, created under chapter
164 471.
165 12. Board of Professional Geologists, created under chapter
166 492.
167 13. Board of Veterinary Medicine, created under chapter
168 474.
169 14. Home inspection services licensing program, created
170 under part XV of chapter 468.
171 15. Mold-related services licensing program, created under
172 part XVI of chapter 468.
173 16. Talent agency licensing program, created under part VII
174 of chapter 468.
175 17. Florida Building Commission, created under chapter 553.
176 18. Regulatory Council of Community Association Managers,
177 created under part VIII of chapter 468.
178 19. Yacht and ship brokers licensing program, created under
179 chapter 326.
180 (5) The members of each board, commission, or council
181 established pursuant to subsection (4) shall be appointed by the
182 Governor, subject to confirmation by the Senate. Consumer
183 members on the board, commission, or council are shall be
184 appointed pursuant to subsection (6). Members are shall be
185 appointed for 4-year terms, and such terms shall expire on
186 October 31. However, a term of less than 4 years may be used
187 utilized to ensure that:
188 (a) No more than two members’ terms expire during the same
189 calendar year for boards consisting of seven or eight members.
190 (b) No more than 3 members’ terms expire during the same
191 calendar year for boards consisting of 9 to 12 members.
192 (c) No more than 5 members’ terms expire during the same
193 calendar year for boards consisting of 13 or more members.
194
195 A member whose term has expired continues shall continue to
196 serve on the board until such time as a replacement is
197 appointed. A vacancy on the board is shall be filled for the
198 unexpired portion of the term in the same manner as the original
199 appointment. No member may serve for more than the remaining
200 portion of a previous member’s unexpired term, plus two
201 consecutive 4-year terms of the member’s own appointment
202 thereafter.
203 Section 2. Subsection (2) of section 326.002, Florida
204 Statutes, is amended to read:
205 326.002 Definitions.—As used in ss. 326.001-326.006, the
206 term:
207 (2) “Division” means the Division of Professions Florida
208 Condominiums, Timeshares, and Mobile Homes of the Department of
209 Business and Professional Regulation.
210 Section 3. Paragraph (d) of subsection (2) and subsection
211 (3) of section 326.006, Florida Statutes, are amended to read:
212 326.006 Powers and duties of division.—
213 (2) The division has the power to enforce and ensure
214 compliance with the provisions of this chapter and rules adopted
215 under this chapter relating to the sale and ownership of yachts
216 and ships. In performing its duties, the division has the
217 following powers and duties:
218 (d) Notwithstanding any remedies available to a yacht or
219 ship purchaser, if the division has reasonable cause to believe
220 that a violation of any provision of this chapter or rule
221 adopted under this chapter has occurred, the division may
222 institute enforcement proceedings in its own name against any
223 broker or salesperson or any of his or her assignees or agents,
224 or against any unlicensed person or any of his or her assignees
225 or agents, as follows:
226 1. The division may permit a person whose conduct or
227 actions are under investigation to waive formal proceedings and
228 enter into a consent proceeding whereby orders, rules, or
229 letters of censure or warning, whether formal or informal, may
230 be entered against the person.
231 2. The division may issue an order requiring the broker or
232 salesperson or any of his or her assignees or agents, or
233 requiring any unlicensed person or any of his or her assignees
234 or agents, to cease and desist from the unlawful practice and
235 take such affirmative action as in the judgment of the division
236 will carry out the purposes of this chapter.
237 3. The division may bring an action in circuit court on
238 behalf of a class of yacht or ship purchasers for declaratory
239 relief, injunctive relief, or restitution.
240 4. The division may impose a civil penalty against a broker
241 or salesperson or any of his or her assignees or agents, or
242 against an unlicensed person or any of his or her assignees or
243 agents, for any violation of this chapter or a rule adopted
244 under this chapter. A penalty may be imposed for each day of
245 continuing violation, but in no event may the penalty for any
246 offense exceed $10,000. All amounts collected must be deposited
247 with the Chief Financial Officer to the credit of the
248 Professional Regulation Division of Florida Condominiums,
249 Timeshares, and Mobile Homes Trust Fund. If a broker,
250 salesperson, or unlicensed person working for a broker, fails to
251 pay the civil penalty, the division must shall issue an order
252 suspending the broker’s license until such time as the civil
253 penalty is paid or may pursue enforcement of the penalty in a
254 court of competent jurisdiction. The order imposing the civil
255 penalty or the order of suspension may not become effective
256 until 20 days after the date of such order. Any action commenced
257 by the division must be brought in the county in which the
258 division has its executive offices or in the county where the
259 violation occurred.
260 (3) All fees must be deposited in the Professional
261 Regulation Division of Florida Condominiums, Timeshares, and
262 Mobile Homes Trust Fund as provided by law.
263 Section 4. Subsection (2) of section 399.035, Florida
264 Statutes, is amended to read:
265 399.035 Elevator accessibility requirements for the
266 physically handicapped.—
267 (2) Any building that is more than three stories high or in
268 which the vertical distance between the bottom terminal landing
269 and the top terminal landing exceeds 25 feet must be constructed
270 to contain at least one passenger elevator that is operational
271 and will accommodate the an ambulance stretcher size specified
272 in the Florida Building Code edition that was in effect at the
273 time of receipt of application for the construction permit for
274 the elevator 76 inches long and 24 inches wide in the horizontal
275 position.
276 Section 5. Paragraph (a) of subsection (3) of section
277 455.02, Florida Statutes, is amended to read:
278 455.02 Licensure of members of the Armed Forces in good
279 standing and their spouses or surviving spouses with
280 administrative boards or programs.—
281 (3)(a) The department shall issue a professional license to
282 an applicant who is or was an active duty member of the Armed
283 Forces of the United States, or who is a spouse or surviving
284 spouse of such member, upon application to the department in a
285 format prescribed by the department. An application must include
286 proof that:
287 1. The applicant is or was an active duty member of the
288 Armed Forces of the United States or is married to a member of
289 the Armed Forces of the United States and was married to the
290 member during any period of active duty or was married to such a
291 member who at the time of the member’s death was serving on
292 active duty. An applicant who was an active duty member of the
293 Armed Forces of the United States must have received an
294 honorable discharge upon separation or discharge from the Armed
295 Forces of the United States.
296 2. The applicant holds a valid license for the profession
297 issued by another state, the District of Columbia, any
298 possession or territory of the United States, or any foreign
299 jurisdiction.
300 3. The applicant, where required by the specific practice
301 act, has complied with insurance or bonding requirements.
302 4.a. A complete set of the applicant’s fingerprints is
303 submitted to the Department of Law Enforcement for a statewide
304 criminal history check for those professions that require
305 fingerprints for initial licensure.
306 b. The Department of Law Enforcement shall forward the
307 fingerprints submitted pursuant to sub-subparagraph a. to the
308 Federal Bureau of Investigation for a national criminal history
309 check. The department shall, and the board may, review the
310 results of the criminal history checks according to the level 2
311 screening standards in s. 435.04 and determine whether the
312 applicant meets the licensure requirements. The costs of
313 fingerprint processing shall be borne by the applicant. If the
314 applicant’s fingerprints are submitted through an authorized
315 agency or vendor, the agency or vendor shall collect the
316 required processing fees and remit the fees to the Department of
317 Law Enforcement.
318 Section 6. Paragraphs (a) and (b) of subsection (3) and
319 subsection (12) of section 455.213, Florida Statutes, are
320 amended to read:
321 455.213 General licensing provisions.—
322 (3)(a) Notwithstanding any other law, the applicable board
323 shall use the process in this subsection for review of an
324 applicant’s criminal record to determine his or her eligibility
325 for licensure as:
326 1. A barber under chapter 476;
327 2. A cosmetologist or cosmetology specialist under chapter
328 477;
329 3. Any of the following construction professions under
330 chapter 489:
331 a. Air-conditioning contractor;
332 b. Electrical contractor;
333 c. Mechanical contractor;
334 d. Plumbing contractor;
335 e. Pollutant storage systems contractor;
336 f. Roofing contractor;
337 g. Sheet metal contractor;
338 h. Solar contractor;
339 i. Swimming pool and spa contractor;
340 j. Underground utility and excavation contractor; or
341 k. Other specialty contractors; or
342 3.4. Any other profession for which the department issues a
343 license, provided the profession is offered to inmates in any
344 correctional institution or correctional facility as vocational
345 training or through an industry certification program.
346 (b)1. A conviction, or any other adjudication, for a crime
347 more than 5 years before the date the application is received by
348 the applicable board may not be grounds for denial of a license
349 specified in paragraph (a). For purposes of this paragraph, the
350 term “conviction” means a determination of guilt that is the
351 result of a plea or trial, regardless of whether adjudication is
352 withheld. This paragraph does not limit the applicable board
353 from considering an applicant’s criminal history that includes a
354 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
355 only if such criminal history has been found to relate to the
356 practice of the applicable profession.
357 2. The applicable board may consider the criminal history
358 of an applicant for licensure under subparagraph (a)2.
359 subparagraph (a)3. if such criminal history has been found to
360 relate to good moral character.
361 (12)(a) A person or an entity licensed or permitted by the
362 Division of Professions or the Division of Real Estate, or
363 applying for a license or a permit, must create and maintain an
364 account with the department’s online system and provide an e
365 mail address to the department to function as the primary means
366 of contact for all communication by the department to the
367 licensee, permitholder, or applicant. Licensees, permitholders,
368 and applicants are responsible for maintaining accurate contact
369 information on file with the department. A person or an entity
370 seeking a license or a permit under this chapter or under the
371 applicable practice act must apply using forms furnished by the
372 department which are filed through the department’s online
373 system before the person or entity commences operations. The
374 department may not process an application for a license or a
375 permit issued by the department under this chapter or under the
376 applicable practice act unless the application is submitted
377 through the department’s online system Any submission required
378 to be in writing may otherwise be required by the department to
379 be made by electronic means.
380 (b) The department is authorized to contract with private
381 vendors, or enter into interagency agreements, to collect
382 electronic fingerprints where fingerprints are required for
383 registration, certification, or the licensure process or where
384 criminal history record checks are required.
385 Section 7. Subsection (3) of section 471.015, Florida
386 Statutes, is amended to read:
387 471.015 Licensure.—
388 (3) The board shall certify as qualified for a license by
389 endorsement an applicant who:
390 (a) Qualifies to take the fundamentals examination and the
391 principles and practice examination as set forth in s. 471.013,
392 has passed a United States national, regional, state, or
393 territorial licensing examination that is substantially
394 equivalent to the fundamentals examination and principles and
395 practice examination required by s. 471.013, and has satisfied
396 the experience requirements set forth in paragraph (2)(a) and s.
397 471.013; or
398 (b) Holds a valid license to practice engineering issued by
399 another state or territory of the United States, if the criteria
400 for issuance of the license were substantially the same as the
401 licensure criteria that existed in this state at the time the
402 license was issued; or
403 (c) Holds a valid license to practice engineering issued by
404 a foreign jurisdiction approved by the board and holds an active
405 council record with the National Council of Examiners for
406 Engineering and Surveying.
407 Section 8. Section 473.3065, Florida Statutes, is amended
408 to read:
409 473.3065 Clay Ford Scholarship Program; Certified Public
410 Accountant Education Opportunity Minority Assistance Advisory
411 Council.—
412 (1) The Clay Ford Scholarship Program for Florida residents
413 is hereby established in the division for the purpose of
414 providing scholarships to minority persons as defined in s.
415 288.703 who are students enrolled in their fifth year of an
416 accounting education program at an institution in this state
417 approved by the board by rule. A Certified Public Accountant
418 Education Opportunity Minority Assistance Advisory Council shall
419 assist the board in administering the program.
420 (2) All moneys used to provide scholarships under the Clay
421 Ford Scholarship Program shall be funded by a portion of
422 existing license fees, as set by the board, not to exceed $10
423 per license. Such moneys shall be deposited into the
424 Professional Regulation Trust Fund in a separate account
425 maintained for that purpose. The department may spend up to
426 $200,000 per year for the program from this program account but
427 may not allocate overhead charges to it. Moneys for scholarships
428 shall be disbursed twice per year upon recommendation of the
429 advisory council and approval by the board, based on the adopted
430 eligibility criteria and comparative evaluation of all
431 applicants. Funds in the program account may be invested by the
432 Chief Financial Officer under the same limitations as apply to
433 investment of other state funds, and all interest earned thereon
434 shall be credited to the program account.
435 (3) The board shall adopt rules as necessary for
436 administration of the Clay Ford Scholarship Program, including
437 rules relating to the following:
438 (a) Eligibility criteria for receipt of a scholarship,
439 which, at a minimum, shall include the following factors:
440 1. Financial need.
441 2. Ethnic, gender, or racial minority status pursuant to s.
442 288.703(4).
443 3. Scholastic ability and performance.
444 (b) Scholarship application procedures.
445 (c) Amounts in which scholarships may be provided, the
446 total amount that may be provided, the timeframe for payments or
447 partial payments, and criteria for how scholarship funds may be
448 expended.
449 (d) The total amount of scholarships that can be made each
450 year.
451 (e) The minimum balance that must be maintained in the
452 program account.
453 (4) Determinations made by the board regarding recipients
454 of scholarship moneys may shall not be considered agency action
455 for purposes of chapter 120.
456 (5) It is unlawful for any person or agent of such person
457 to knowingly file with the board any notice, statement, or other
458 document that is false or that contains any material
459 misstatement of fact. A person who violates this subsection
460 commits a misdemeanor of the second degree, punishable as
461 provided in s. 775.082 or s. 775.083.
462 (6) There is hereby created the Certified Public Accountant
463 Education Opportunity Minority Assistance Advisory Council to
464 assist the board in administering the Clay Ford Scholarship
465 Program. The council shall be diverse and representative of the
466 gender, ethnic, and racial categories set forth in s.
467 288.703(4).
468 (a) The council shall consist of five licensed Florida
469 certified public accountants selected by the board, of whom one
470 shall be a board member who serves as chair of the council, one
471 shall be a representative of the National Association of Black
472 Accountants, one shall be a representative of the Cuban American
473 CPA Association, and two shall be selected at large. At least
474 one member of the council must be a woman.
475 (b) The board shall determine the terms for initial
476 appointments and appointments thereafter.
477 (c) Any vacancy on the council shall be filled in the
478 manner provided for the selection of the initial member. Any
479 member appointed to fill a vacancy of an unexpired term shall be
480 appointed for the remainder of that term.
481 (d) Three consecutive absences or absences constituting 50
482 percent or more of the council’s meetings within any 12-month
483 period shall cause the council membership of the member in
484 question to become void, and the position shall be considered
485 vacant.
486 (e) The members of the council shall serve without
487 compensation, and any necessary and actual expenses incurred by
488 a member while engaged in the business of the council shall be
489 borne by such member or by the organization or agency such
490 member represents. However, the council member who is a member
491 of the board shall be compensated in accordance with ss.
492 455.207(4) and 112.061.
493 Section 9. Section 475.628, Florida Statutes, is amended to
494 read:
495 475.628 Professional standards for appraisers registered,
496 licensed, or certified under this part.—
497 (1) The board shall adopt rules establishing standards of
498 professional practice which meet or exceed nationally recognized
499 standards of appraisal practice, including standards adopted by
500 the Appraisal Standards Board of the Appraisal Foundation,
501 except for those standards that otherwise violate the laws of
502 this state. Each appraiser registered, licensed, or certified
503 under this part must comply with the rules, except for those
504 rules that otherwise violate the laws of this state. Statements
505 on appraisal standards which may be issued for the purpose of
506 clarification, interpretation, explanation, or elaboration
507 through the Appraisal Foundation are binding on any appraiser
508 registered, licensed, or certified under this part, upon
509 adoption by rule of the board.
510 (2) The board may adopt rules establishing standards of
511 professional practice other than standards adopted by the
512 Appraisal Standards Board of the Appraisal Foundation for
513 nonfederally related transactions. The board shall require that
514 when performing an appraisal or appraisal service for any
515 purpose other than a federally related transaction, an appraiser
516 must comply with the Ethics and Competency Rules of the
517 standards adopted by the Appraisal Standards Board of the
518 Appraisal Foundation, and other requirements as determined by
519 rule of the board. An assignment completed using alternate
520 standards does not satisfy the experience requirements under s.
521 475.617 unless the assignment complies with the standards
522 adopted by the Appraisal Standards Board of the Appraisal
523 Foundation.
524 Section 10. Subsection (3) of section 476.034, Florida
525 Statutes, is amended to read:
526 476.034 Definitions.—As used in this act:
527 (3) “Barbershop” means a licensed any place of business
528 wherein the practice of barbering is carried on.
529 Section 11. Subsection (4) of section 476.054, Florida
530 Statutes, is amended to read:
531 476.054 Barbers’ Board.—
532 (4) No person shall be appointed to serve more than two
533 consecutive terms. Any vacancy shall be filled by appointment by
534 the Governor for the unexpired portion of the term.
535 Section 12. Subsection (3) of section 476.064, Florida
536 Statutes, is amended to read:
537 476.064 Organization; headquarters; personnel; meetings.—
538 (3) The board shall hold an annual meeting and such other
539 meetings during the year as it may determine to be necessary.
540 The chair of the board may call other meetings at her or his
541 discretion. A quorum of the board shall consist of not less than
542 four members.
543 Section 13. Section 476.184, Florida Statutes, is amended
544 to read:
545 476.184 Barbershop licensure; requirements; fee;
546 inspection; license display; mobile barbershops.—
547 (1) A No barbershop may not shall be permitted to operate
548 without a license issued by the department.
549 (2) The board shall adopt rules governing the licensure and
550 operation of a barbershop and its facilities, personnel, safety
551 and sanitary requirements, and the license application and
552 granting process.
553 (3) Any person, firm, or corporation desiring to operate a
554 barbershop in the state shall submit to the department an
555 application upon forms provided by the department and
556 accompanied by any relevant information requested by the
557 department and by an application fee.
558 (4) Upon receiving the application, the department may
559 cause an investigation to be made of the proposed barbershop.
560 (5) When an applicant fails to meet all the requirements
561 provided in this section, the department shall deny the
562 application in writing and shall list the specific requirements
563 not met. An No applicant denied licensure because of failure to
564 meet the requirements of this section may not shall be precluded
565 from reapplying for licensure.
566 (6) When the department determines that the proposed
567 barbershop meets the requirements set forth in this section, the
568 department shall grant the license upon such conditions as it
569 deems proper and upon payment of the original licensing fee.
570 (7) A No license for operation of a barbershop may not be
571 transferred from the name of the original licensee to another.
572 It may be transferred from one location to another only after
573 inspection and approval by the department, which approval may
574 shall not be unreasonably withheld, and payment of a $125
575 transfer fee.
576 (8) Renewal of license registration for barbershops must
577 shall be accomplished pursuant to rules adopted by the board.
578 The board is further authorized to adopt rules governing
579 delinquent renewal of licenses and may impose penalty fees for
580 delinquent renewal.
581 (9) The board is authorized to adopt rules governing the
582 operation and periodic inspection of barbershops licensed under
583 this chapter.
584 (10) Each barbershop shall display, in a conspicuous place,
585 the barbershop license and each individual licensee’s
586 certificate.
587 (11)(a) The department shall adopt rules governing the
588 licensure, operation, and inspection of mobile barbershops,
589 including their facilities, personnel, and safety and sanitary
590 requirements.
591 (b) A mobile barbershop shall comply with all licensure and
592 operating requirements specified in this chapter, chapter 455,
593 or rules of the department which apply to barbershops at fixed
594 locations, except to the extent that such requirements conflict
595 with this subsection or rules adopted pursuant to this
596 subsection.
597 (c) A mobile barbershop shall maintain a permanent business
598 address, located in the inspection area of the local department
599 office, at which records of appointments, itineraries, employee
600 license numbers, and vehicle identification number of any
601 vehicle used by the licenseholder as a mobile barbershop must be
602 kept and made available for verification purposes by department
603 personnel, and at which correspondence from the department can
604 be received.
605 (d) To facilitate periodic inspections of a mobile
606 barbershop, before the beginning of each month each mobile
607 barbershop licenseholder shall file with the department a
608 written monthly itinerary listing the locations where and the
609 dates and hours when the mobile barbershop will be operating.
610 (e) A licenseholder shall comply with all local laws and
611 ordinances regulating business establishments, with all
612 applicable requirements of the Americans with Disabilities Act
613 relating to accommodations for persons with disabilities, and
614 with all applicable requirements of the Occupational Safety and
615 Health Administration.
616 Section 14. Section 476.188, Florida Statutes, is amended
617 to read:
618 476.188 Barber services to be performed in a licensed
619 registered barbershop; exception.—
620 (1) Barber services shall be performed only by licensed
621 barbers in registered barbershops, except as otherwise provided
622 in this section.
623 (2) Pursuant to rules established by the board, barber
624 services may be performed by a licensed barber in a location
625 other than a licensed registered barbershop, including, but not
626 limited to, a nursing home, hospital, or residence, when a
627 client for reasons of ill health is unable to go to a licensed
628 registered barbershop. Arrangements for the performance of
629 barber services in a location other than a licensed registered
630 barbershop must shall be made only through a licensed registered
631 barbershop. However, a barber may shampoo, cut, or arrange hair
632 in a location other than a licensed registered barbershop
633 without such arrangements.
634 (3) Any person who holds a valid barber’s license in any
635 state or who is authorized to practice barbering in any country,
636 territory, or jurisdiction of the United States may perform
637 barber services in a location other than a licensed registered
638 barbershop when such services are performed in connection with
639 the motion picture, fashion photography, theatrical, or
640 television industry; a manufacturer trade show demonstration; or
641 an educational seminar.
642 (4) Pursuant to rules adopted by the department, the
643 practice of barbering may be performed in a location other than
644 a licensed barbershop when performed in connection with a
645 special event and performed by a person who holds the proper
646 license.
647 Section 15. Subsections (2), (3), and (6) of section
648 477.015, Florida Statutes, are amended to read:
649 477.015 Board of Cosmetology.—
650 (2) Four Five members of the board shall be licensed
651 cosmetologists and shall have been engaged in the practice of
652 cosmetology in this state for not less than 5 years, two members
653 must be registered as specialists in any specialty practice
654 within the practice of cosmetology, and one member must. Two
655 members of the board shall be a layperson laypersons. Each board
656 member shall be a resident of this state and shall have been a
657 resident of this state for not less than 5 continuous years.
658 (3) The Governor may at any time fill vacancies on the
659 board for the remainder of unexpired terms. Each member of the
660 board shall hold over after the expiration of his or her term
661 until a successor is duly appointed and qualified. No board
662 member shall serve more than two consecutive terms, whether full
663 or partial.
664 (6) The board shall hold such meetings during the year as
665 it may determine to be necessary, one of which shall be the
666 annual meeting. The chair of the board shall have the authority
667 to call other meetings at his or her discretion. A quorum of the
668 board shall consist of not less than four members.
669 Section 16. Subsections (3) and (4) of section 481.213,
670 Florida Statutes, are amended to read:
671 481.213 Licensure and registration.—
672 (3) The board shall certify as qualified for a license by
673 endorsement as an architect or registration as a registered
674 interior designer an applicant who:
675 (a) Qualifies to take the prescribed licensure or
676 registration examination, and has passed the prescribed
677 licensure or registration examination or a substantially
678 equivalent examination in another jurisdiction, as set forth in
679 s. 481.209 for architects or registered interior designers, as
680 applicable, and has satisfied the internship requirements set
681 forth in s. 481.211 for architects;
682 (b) Holds a valid license to practice architecture or a
683 license, registration, or certification to practice interior
684 design issued by another jurisdiction of the United States, if
685 the criteria for issuance of such license were substantially
686 equivalent to the licensure criteria that existed in this state
687 at the time the license was issued; or
688 (c) Has passed the prescribed licensure examination and
689 Holds a valid certificate issued by the National Council of
690 Architectural Registration Boards, and holds a valid license to
691 practice architecture issued by another state, another or
692 jurisdiction of the United States, or a foreign jurisdiction
693 approved by the board.
694
695 An architect who is licensed in another state, another
696 jurisdiction of the United States, or a foreign jurisdiction
697 approved by the board who seeks qualification for licensure
698 license by endorsement under this subsection must complete a 2
699 hour class approved by the board on wind mitigation techniques.
700 (4) The board may refuse to certify any applicant who has
701 violated any of the provisions of s. 481.223, s. 481.225, or s.
702 481.2251, as applicable.
703 Section 17. Subsection (5) of section 489.107, Florida
704 Statutes, is amended to read:
705 489.107 Construction Industry Licensing Board.—
706 (5) Fifty-one percent or more of the appointed Five members
707 of Division I constitute a quorum, and 51 percent or more of the
708 appointed five members of Division II constitute a quorum. The
709 combined divisions shall meet together at such times as the
710 board deems necessary, but neither division, nor any committee
711 thereof, may shall take action on any matter under the
712 jurisdiction of the other division. However, if either division
713 is unable to obtain a quorum for the purpose of conducting
714 disciplinary proceedings, it may request members of the other
715 division, who are otherwise qualified to serve on the division
716 unable to obtain a quorum, to join in its deliberations. Such
717 additional members shall vote and count toward a quorum only
718 during those disciplinary proceedings.
719 Section 18. Subsection (4) of section 489.111, Florida
720 Statutes, is amended to read:
721 489.111 Licensure by examination.—
722 (4) The department shall ensure that a sensitivity review
723 committee has been established including representatives of
724 various ethnic/minority groups. No question found by this
725 committee to be discriminatory against any ethnic/minority group
726 shall be included in the examination.
727 Section 19. Subsection (3) of section 489.115, Florida
728 Statutes, is amended to read:
729 489.115 Certification and registration; endorsement;
730 reciprocity; renewals; continuing education.—
731 (3) The board shall certify as qualified for certification
732 by endorsement any applicant who:
733 (a) Meets the requirements for certification as set forth
734 in this section; has passed a national, regional, state, or
735 United States territorial licensing examination that is
736 substantially equivalent to the examination required by this
737 part; and has satisfied the requirements set forth in s.
738 489.111;
739 (b) Holds a valid license to practice contracting issued by
740 another state or territory of the United States, if the criteria
741 for issuance of such license were substantially equivalent to
742 Florida’s current certification criteria;
743 (c) Holds a valid, current license to practice contracting
744 issued by another state or territory of the United States, if
745 the state or territory has entered into a reciprocal agreement
746 with the board for the recognition of contractor licenses issued
747 in that state, based on criteria for the issuance of such
748 licenses that are substantially equivalent to the criteria for
749 certification in this state; or
750 (d) Has held a valid, current license to practice
751 contracting issued by another state or territory of the United
752 States, or a county or municipality within a state or territory
753 of the United States, for at least 10 years before the date of
754 application and is applying for the same or similar license in
755 this state, subject to subsections (5)-(9). The board may
756 consider an applicant’s technical competence to ensure the
757 applicant is able to meet the requirements of this state’s codes
758 and standards for wind mitigation and water intrusion. The board
759 may also consider whether such applicant has had a license to
760 practice contracting revoked, suspended, or otherwise acted
761 against by the licensing authority of another state, territory,
762 county, municipality, or country. Such application must be made
763 either when the license in another state, or territory, county,
764 or municipality is active or within 2 years after such license
765 was last active. Division I contractors and roofing contractors
766 must complete a 2-hour course on the Florida Building Code which
767 includes information on wind mitigation techniques. The required
768 courses may be completed online.
769 Section 20. Subsection (5) of section 489.511, Florida
770 Statutes, is amended to read:
771 489.511 Certification; application; examinations;
772 endorsement.—
773 (5) The board shall certify as qualified for certification
774 by endorsement any individual applying for certification who:
775 (a) Meets the requirements for certification as set forth
776 in this section; has passed a national, regional, state, or
777 United States territorial licensing examination that is
778 substantially equivalent to the examination required by this
779 part; and has satisfied the requirements set forth in s.
780 489.521;
781 (b) Holds a valid license to practice electrical or alarm
782 system contracting issued by another state or territory of the
783 United States, if the criteria for issuance of such license were
784 substantially equivalent to the certification criteria that
785 existed in this state at the time the certificate was issued; or
786 (c) Has held a valid, current license to practice
787 electrical or alarm system contracting issued by another state
788 or territory of the United States, or a county or municipality
789 of a state or territory of the United States, for at least 10
790 years before the date of application and is applying for the
791 same or similar license in this state, subject to ss. 489.510
792 and 489.521(3)(a) and subparagraph (1)(b)1. Such application
793 must be made either when the license in another state or
794 territory, or a county or municipality of a state or territory
795 of the United States, is active or within 2 years after such
796 license was last active. Electrical contractors and alarm system
797 contractors must complete a 2-hour course on the Florida
798 Building Code. The required courses may be completed online.
799 Section 21. Paragraph (c) of subsection (5), paragraph (l)
800 of subsection (8), paragraphs (a) and (d) of subsection (9), and
801 subsection (15) of section 499.012, Florida Statutes, are
802 amended to read:
803 499.012 Permit application requirements.—
804 (5)
805 (c) At least 90 days before the expiration date of a
806 permit, the department shall forward via electronic mail a
807 permit renewal notification to the permittee at the electronic
808 mailing address of the permitted establishment on file with the
809 department. The permit renewal notification must state
810 conspicuously the date on which the permit for the establishment
811 will expire and that the establishment may not operate unless
812 the permit for the establishment is renewed timely.
813 (8) An application for a permit or to renew a permit for a
814 prescription drug wholesale distributor or an out-of-state
815 prescription drug wholesale distributor submitted to the
816 department must include:
817 (l) The name of each of the applicant’s designated
818 representatives as required by subsection (15), together with
819 the personal information statement and fingerprints required
820 pursuant to subsection (9) for each such person.
821 (9)(a) Each person required by subsection (8) or subsection
822 (15) to provide a personal information statement and
823 fingerprints shall provide the following information to the
824 department on forms prescribed by the department:
825 1. The person’s places of residence for the past 7 years.
826 2. The person’s date and place of birth.
827 3. The person’s occupations, positions of employment, and
828 offices held during the past 7 years.
829 4. The principal business and address of any business,
830 corporation, or other organization in which each such office of
831 the person was held or in which each such occupation or position
832 of employment was carried on.
833 5. Whether the person has been, during the past 7 years,
834 the subject of any proceeding for the revocation of any license
835 and, if so, the nature of the proceeding and the disposition of
836 the proceeding.
837 6. Whether, during the past 7 years, the person has been
838 enjoined, temporarily or permanently, by a court of competent
839 jurisdiction from violating any federal or state law regulating
840 the possession, control, or distribution of prescription drugs,
841 together with details concerning any such event.
842 7. A description of any involvement by the person with any
843 business, including any investments, other than the ownership of
844 stock in a publicly traded company or mutual fund, during the
845 past 4 years, which manufactured, administered, prescribed,
846 distributed, or stored pharmaceutical products and any lawsuits
847 in which such businesses were named as a party.
848 8. A description of any felony criminal offense of which
849 the person, as an adult, was found guilty, regardless of whether
850 adjudication of guilt was withheld or whether the person pled
851 guilty or nolo contendere. A criminal offense committed in
852 another jurisdiction which would have been a felony in this
853 state must be reported. If the person indicates that a criminal
854 conviction is under appeal and submits a copy of the notice of
855 appeal of that criminal offense, the applicant must, within 15
856 days after the disposition of the appeal, submit to the
857 department a copy of the final written order of disposition.
858 9. A photograph of the person taken in the previous 180
859 days.
860 10. A set of fingerprints for the person on a form and
861 under procedures specified by the department, together with
862 payment of an amount equal to the costs incurred by the
863 department for the criminal record check of the person.
864 11. The name, address, occupation, and date and place of
865 birth for each member of the person’s immediate family who is 18
866 years of age or older. As used in this subparagraph, the term
867 “member of the person’s immediate family” includes the person’s
868 spouse, children, parents, siblings, the spouses of the person’s
869 children, and the spouses of the person’s siblings.
870 12. Any other relevant information that the department
871 requires.
872 (d) For purposes of applying for renewal of a permit under
873 subsection (8) or certification under subsection (15), a person
874 may submit the following in lieu of satisfying the requirements
875 of paragraphs (a), (b), and (c):
876 1. A photograph of the individual taken within 180 days;
877 and
878 2. A copy of the personal information statement form most
879 recently submitted to the department and a certification under
880 oath, on a form specified by the department, that the individual
881 has reviewed the previously submitted personal information
882 statement form and that the information contained therein
883 remains unchanged.
884 (15)(a) Each establishment that is issued an initial or
885 renewal permit as a prescription drug wholesale distributor or
886 an out-of-state prescription drug wholesale distributor must
887 designate in writing to the department at least one natural
888 person to serve as the designated representative of the
889 wholesale distributor. Such person must have an active
890 certification as a designated representative from the
891 department.
892 (b) To be certified as a designated representative, a
893 natural person must:
894 1. Submit an application on a form furnished by the
895 department and pay the appropriate fees.
896 2. Be at least 18 years of age.
897 3. Have at least 2 years of verifiable full-time:
898 a. Work experience in a pharmacy licensed in this state or
899 another state, where the person’s responsibilities included, but
900 were not limited to, recordkeeping for prescription drugs;
901 b. Managerial experience with a prescription drug wholesale
902 distributor licensed in this state or in another state;
903 c. Managerial experience with the United States Armed
904 Forces, where the person’s responsibilities included, but were
905 not limited to, recordkeeping, warehousing, distributing, or
906 other logistics services pertaining to prescription drugs;
907 d. Managerial experience with a state or federal
908 organization responsible for regulating or permitting
909 establishments involved in the distribution of prescription
910 drugs, whether in an administrative or a sworn law enforcement
911 capacity; or
912 e. Work experience as a drug inspector or investigator with
913 a state or federal organization, whether in an administrative or
914 a sworn law enforcement capacity, where the person’s
915 responsibilities related primarily to compliance with state or
916 federal requirements pertaining to the distribution of
917 prescription drugs.
918 4. Receive a passing score of at least 75 percent on an
919 examination given by the department regarding federal laws
920 governing distribution of prescription drugs and this part and
921 the rules adopted by the department governing the wholesale
922 distribution of prescription drugs. This requirement shall be
923 effective 1 year after the results of the initial examination
924 are mailed to the persons that took the examination. The
925 department shall offer such examinations at least four times
926 each calendar year.
927 5. Provide the department with a personal information
928 statement and fingerprints pursuant to subsection (9).
929 (c) The department may deny an application for
930 certification as a designated representative or may suspend or
931 revoke a certification of a designated representative pursuant
932 to s. 499.067.
933 (d) A designated representative:
934 1. Must be actively involved in and aware of the actual
935 daily operation of the wholesale distributor.
936 2. Must be employed full time in a managerial position by
937 the wholesale distributor.
938 3. Must be physically present at the establishment during
939 normal business hours, except for time periods when absent due
940 to illness, family illness or death, scheduled vacation, or
941 other authorized absence.
942 4. May serve as a designated representative for only one
943 wholesale distributor at any one time.
944 (e) A wholesale distributor must notify the department when
945 a designated representative leaves the employ of the wholesale
946 distributor. Such notice must be provided to the department
947 within 10 business days after the last day of designated
948 representative’s employment with the wholesale distributor.
949 (f) A wholesale distributor may not operate under a
950 prescription drug wholesale distributor permit or an out-of
951 state prescription drug wholesale distributor permit for more
952 than 10 business days after the designated representative leaves
953 the employ of the wholesale distributor, unless the wholesale
954 distributor employs another designated representative and
955 notifies the department within 10 business days of the identity
956 of the new designated representative.
957 Section 22. Subsection (9) of section 499.0121, Florida
958 Statutes, is amended to read:
959 499.0121 Storage and handling of prescription drugs;
960 recordkeeping.—The department shall adopt rules to implement
961 this section as necessary to protect the public health, safety,
962 and welfare. Such rules shall include, but not be limited to,
963 requirements for the storage and handling of prescription drugs
964 and for the establishment and maintenance of prescription drug
965 distribution records.
966 (9) RESPONSIBLE PERSONS.—Wholesale distributors must
967 establish and maintain lists of officers, directors, managers,
968 designated representatives, and other persons in charge of
969 wholesale drug distribution, storage, and handling, including a
970 description of their duties and a summary of their
971 qualifications.
972 Section 23. Section 499.01211, Florida Statutes, is
973 repealed.
974 Section 24. Subsection (9) of section 499.041, Florida
975 Statutes, is amended to read:
976 499.041 Schedule of fees for drug, device, and cosmetic
977 applications and permits, product registrations, and free-sale
978 certificates.—
979 (9) The department shall assess each person applying for
980 certification as a designated representative a fee of $150, plus
981 the cost of processing the criminal history record check.
982 Section 25. Paragraph (e) of subsection (2) of section
983 499.0661, Florida Statutes, is amended to read:
984 499.0661 Cease and desist orders; removal of certain
985 persons.—
986 (2) REMOVAL OF AFFILIATED PARTIES BY THE DEPARTMENT.—
987 (e)1. The chief executive officer, designated
988 representative, or the person holding the equivalent office, of
989 a permittee shall promptly notify the department if she or he
990 has actual knowledge that any affiliated party is charged with a
991 felony in a state or federal court.
992 2. Whenever any affiliated party is charged with a felony
993 in a state or federal court or with the equivalent of a felony
994 in the courts of any foreign country with which the United
995 States maintains diplomatic relations, and the charge alleges
996 violation of any law involving prescription drugs,
997 pharmaceuticals, fraud, theft, or moral turpitude, the
998 department may enter an emergency order suspending the
999 affiliated party or restricting or prohibiting participation by
1000 the affiliated party in the affairs of the particular permittee
1001 or of any other permittee upon service of the order upon the
1002 permittee and the affiliated party charged. The order must
1003 contain notice of opportunity for a hearing pursuant to ss.
1004 120.569 and 120.57, where the affiliated party may request a
1005 postsuspension hearing to show that continued service to or
1006 participation in the affairs of the permittee does not pose a
1007 threat to the public health or the interests of the permittee
1008 and does not threaten to impair public confidence in the
1009 permittee. In accordance with applicable departmental rules, the
1010 department shall notify the affiliated party whether the order
1011 suspending or prohibiting the person from participation in the
1012 affairs of a permittee will be rescinded or otherwise modified.
1013 The emergency order remains in effect, unless otherwise modified
1014 by the department, until the criminal charge is disposed of. The
1015 acquittal of the person charged, or the final, unappealed
1016 dismissal of all charges against the person, dissolves the
1017 emergency order but does not prohibit the department from
1018 instituting proceedings under paragraph (a). If the person
1019 charged is convicted or pleads guilty or nolo contendere,
1020 whether or not an adjudication of guilt is entered by the court,
1021 the emergency order becomes shall become final.
1022 Section 26. Paragraph (b) of subsection (1) of section
1023 499.067, Florida Statutes, is amended to read:
1024 499.067 Denial, suspension, or revocation of permit,
1025 certification, or registration.—
1026 (1)
1027 (b) The department may deny an application for a permit or
1028 certification, or suspend or revoke a permit or certification,
1029 if the department finds that:
1030 1. The applicant is not of good moral character or that it
1031 would be a danger or not in the best interest of the public
1032 health, safety, and welfare if the applicant were issued a
1033 permit or certification.
1034 2. The applicant has not met the requirements for the
1035 permit or certification.
1036 3. The applicant is not eligible for a permit or
1037 certification for any of the reasons enumerated in s. 499.012.
1038 4. The applicant, permittee, or person certified under s.
1039 499.012(15) demonstrates any of the conditions enumerated in s.
1040 499.012.
1041 5. The applicant, permittee, or person certified under s.
1042 499.012(15) has committed any violation of this chapter.
1043 Section 27. Subsection (1) of section 509.2015, Florida
1044 Statutes, is amended to read:
1045 509.2015 Telephone surcharges by public lodging
1046 establishments.—
1047 (1) A public lodging establishment which imposes a
1048 surcharge for any telephone call must post notice of such
1049 surcharge in a conspicuous place in each lodging unit that
1050 contains a telephone located by each telephone from which a call
1051 which is subject to a surcharge may originate. Such notice must
1052 be plainly visible and printed on a sign that is not less than 3
1053 inches by 5 inches in size, and such notice shall clearly state
1054 if the surcharge applies whether or not the telephone call has
1055 been attempted or completed.
1056 Section 28. Subsections (4) and (8) of section 553.73,
1057 Florida Statutes, is amended to read:
1058 553.73 Florida Building Code.—
1059 (4)(a) All entities authorized to enforce the Florida
1060 Building Code under s. 553.80 shall comply with applicable
1061 standards for issuance of mandatory certificates of occupancy,
1062 minimum types of inspections, and procedures for plans review
1063 and inspections as established by the commission by rule. Local
1064 governments may adopt amendments to the administrative
1065 provisions of the Florida Building Code, subject to the
1066 limitations in this paragraph subsection. Local amendments to
1067 the administrative provisions of the Florida Building Code must
1068 be more stringent than the minimum standards described in this
1069 section and must be transmitted to the commission within 30 days
1070 after enactment. The local government shall make such amendments
1071 available to the general public in a usable format. The State
1072 Fire Marshal is responsible for establishing the standards and
1073 procedures required in this paragraph subsection for
1074 governmental entities with respect to applying the Florida Fire
1075 Prevention Code and the Life Safety Code.
1076 (b) Local governments may, subject to the limitations in
1077 this section and not more than once every 6 months, adopt
1078 amendments to the technical provisions of the Florida Building
1079 Code that apply solely within the jurisdiction of such
1080 government and that provide for more stringent requirements than
1081 those specified in the Florida Building Code.
1082 1. A local government may adopt technical amendments that
1083 address local needs if:
1084 a.1. The local governing body determines, following a
1085 public hearing which has been advertised in a newspaper of
1086 general circulation at least 10 days before the hearing, that
1087 there is a need to strengthen the requirements of the Florida
1088 Building Code. The determination must be based upon a review of
1089 local conditions by the local governing body, which review
1090 demonstrates by evidence or data that the geographical
1091 jurisdiction governed by the local governing body exhibits a
1092 local need to strengthen the Florida Building Code beyond the
1093 needs or regional variation addressed by the Florida Building
1094 Code, that the local need is addressed by the proposed local
1095 amendment, and that the amendment is no more stringent than
1096 necessary to address the local need.
1097 b.2. Such additional requirements are not discriminatory
1098 against materials, products, or construction techniques of
1099 demonstrated capabilities.
1100 c.3. Such additional requirements do may not introduce a
1101 new subject not addressed in the Florida Building Code.
1102 2.(c) The enforcing agency shall make readily available, in
1103 a usable format, all amendments adopted under this section.
1104 3.(d) Any amendment to the Florida Building Code adopted
1105 under this paragraph must shall be transmitted within 30 days
1106 after adoption by the local government to the commission. The
1107 commission shall maintain copies of all such amendments in a
1108 format that is usable and obtainable by the public. Local
1109 technical amendments are not effective until 30 days after the
1110 amendment has been received and published by the commission.
1111 4.(e) An amendment to the Florida Building Code adopted by
1112 a local government under this paragraph subsection is effective
1113 only until the adoption of the new edition of the Florida
1114 Building Code by the commission every third year. At such time,
1115 the commission shall review such amendment for consistency with
1116 the criteria in paragraph (9)(a) and adopt such amendment as
1117 part of the Florida Building Code or rescind the amendment. The
1118 commission shall immediately notify the respective local
1119 government of the rescission of any amendment. After receiving
1120 such notice, the respective local government may readopt the
1121 rescinded amendment under the provisions of this paragraph
1122 subsection.
1123 5.(f) Each county and municipality desiring to make local
1124 technical amendments to the Florida Building Code shall
1125 establish by interlocal agreement a countywide compliance review
1126 board to review any amendment to the Florida Building Code that
1127 is adopted by a local government within the county under this
1128 paragraph subsection and that is challenged by a substantially
1129 affected party for purposes of determining the amendment’s
1130 compliance with this paragraph subsection. If challenged, the
1131 local technical amendments are not effective until the time for
1132 filing an appeal under subparagraph 6. paragraph (g) has expired
1133 or, if there is an appeal, until the commission issues its final
1134 order determining if the adopted amendment is in compliance with
1135 this paragraph subsection.
1136 6.(g) If the compliance review board determines such
1137 amendment is not in compliance with this paragraph subsection,
1138 the compliance review board must shall notify such local
1139 government of the noncompliance and that the amendment is
1140 invalid and unenforceable until the local government corrects
1141 the amendment to bring it into compliance. The local government
1142 may appeal the decision of the compliance review board to the
1143 commission. If the compliance review board determines that such
1144 amendment is in compliance with this paragraph subsection, any
1145 substantially affected party may appeal such determination to
1146 the commission. Any such appeal must be filed with the
1147 commission within 14 days after the board’s written
1148 determination. The commission shall promptly refer the appeal to
1149 the Division of Administrative Hearings by electronic means
1150 through the division’s website for the assignment of an
1151 administrative law judge. The administrative law judge shall
1152 conduct the required hearing within 30 days after being assigned
1153 to the appeal, and shall enter a recommended order within 30
1154 days after the conclusion of such hearing. The commission shall
1155 enter a final order within 30 days after an order is rendered.
1156 Chapter 120 and the uniform rules of procedure applies shall
1157 apply to such proceedings. The local government adopting the
1158 amendment that is subject to challenge has the burden of proving
1159 that the amendment complies with this paragraph subsection in
1160 proceedings before the compliance review board and the
1161 commission, as applicable. Actions of the commission are subject
1162 to judicial review under s. 120.68. The compliance review board
1163 shall determine whether its decisions apply to a respective
1164 local jurisdiction or apply countywide.
1165 7.(h) An amendment adopted under this paragraph subsection
1166 must include a fiscal impact statement that documents the costs
1167 and benefits of the proposed amendment. Criteria for the fiscal
1168 impact statement must shall include the impact to local
1169 government relative to enforcement and the impact to property
1170 and building owners and industry relative to the cost of
1171 compliance. The fiscal impact statement may not be used as a
1172 basis for challenging the amendment for compliance.
1173 (c)(i) In addition to paragraphs (f) and (g), The
1174 commission may review any amendment amendments adopted under
1175 this subsection and make nonbinding recommendations related to
1176 compliance of such amendments with this subsection.
1177 (d)(j) Any amendment adopted by a local enforcing agency
1178 under this subsection may not apply to state or school district
1179 owned buildings, manufactured buildings or factory-built school
1180 buildings approved by the commission, or prototype buildings
1181 approved under s. 553.77(3). The respective responsible entities
1182 shall consider the physical performance parameters
1183 substantiating such amendments when designing, specifying, and
1184 constructing such exempt buildings.
1185 (e)(k) A technical amendment to the Florida Building Code
1186 related to water conservation practices or design criteria
1187 adopted by a local government under paragraph (b) this
1188 subsection is not void when the code is updated if the technical
1189 amendment is necessary to protect or provide for more efficient
1190 use of water resources as provided in s. 373.621. However, any
1191 such technical amendment carried forward into the next edition
1192 of the code under this paragraph is subject to review or
1193 modification as provided in this part.
1194 (f)(l) If a local government adopts a regulation, law,
1195 ordinance, policy, amendment, or land use or zoning provision
1196 without using the process established in this subsection, and a
1197 substantially affected person considers such regulation, law,
1198 ordinance, policy, amendment, or land use or zoning provision to
1199 be a technical amendment to the Florida Building Code, then the
1200 substantially affected person may submit a petition to the
1201 commission for a nonbinding advisory opinion. If a substantially
1202 affected person submits a request in accordance with this
1203 paragraph, the commission must shall issue a nonbinding advisory
1204 opinion stating whether or not the commission interprets the
1205 regulation, law, ordinance, policy, amendment, or land use or
1206 zoning provision as a technical amendment to the Florida
1207 Building Code. As used in this paragraph, the term “local
1208 government” means a county, municipality, special district, or
1209 political subdivision of the state.
1210 1. Requests to review a local government regulation, law,
1211 ordinance, policy, amendment, or land use or zoning provision
1212 may be initiated by any substantially affected person. A
1213 substantially affected person includes an owner or builder
1214 subject to the regulation, law, ordinance, policy, amendment, or
1215 land use or zoning provision, or an association of owners or
1216 builders having members who are subject to the regulation, law,
1217 ordinance, policy, amendment, or land use or zoning provision.
1218 2. In order to initiate a review, a substantially affected
1219 person must file a petition with the commission. The commission
1220 shall adopt a form for the petition and directions for filing,
1221 which shall be published on the Building Code Information
1222 System. The form must shall, at a minimum, require the
1223 following:
1224 a. The name of the local government that enacted the
1225 regulation, law, ordinance, policy, amendment, or land use or
1226 zoning provision.
1227 b. The name and address of the local government’s general
1228 counsel or administrator.
1229 c. The name, address, and telephone number of the
1230 petitioner; the name, address, and telephone number of the
1231 petitioner’s representative, if any; and an explanation of how
1232 the petitioner’s substantial interests are being affected by the
1233 regulation, law, ordinance, policy, amendment, or land use or
1234 zoning provision.
1235 d. A statement explaining why the regulation, law,
1236 ordinance, policy, amendment, or land use or zoning provision is
1237 a technical amendment to the Florida Building Code, and which
1238 provisions of the Florida Building Code, if any, are being
1239 amended by the regulation, law, ordinance, policy, amendment, or
1240 land use or zoning provision.
1241 3. The petitioner shall serve the petition on the local
1242 government’s general counsel or administrator by certified mail,
1243 return receipt requested, and send a copy of the petition to the
1244 commission, in accordance with the commission’s published
1245 directions. The local government shall respond to the petition
1246 in accordance with the form by certified mail, return receipt
1247 requested, and send a copy of its response to the commission,
1248 within 14 days after receipt of the petition, including
1249 Saturdays, Sundays, and legal holidays.
1250 4. Upon receipt of a petition that meets the requirements
1251 of this paragraph, the commission shall publish the petition,
1252 including any response submitted by the local government, on the
1253 Building Code Information System in a manner that allows
1254 interested persons to address the issues by posting comments.
1255 5. Before issuing an advisory opinion, the commission shall
1256 consider the petition, the response, and any comments posted on
1257 the Building Code Information System. The commission may also
1258 provide the petition, the response, and any comments posted on
1259 the Building Code Information System to a technical advisory
1260 committee, and may consider any recommendation provided by the
1261 technical advisory committee. The commission shall issue an
1262 advisory opinion stating whether the regulation, law, ordinance,
1263 policy, amendment, or land use or zoning provision is a
1264 technical amendment to the Florida Building Code within 30 days
1265 after the filing of the petition, including Saturdays, Sundays,
1266 and legal holidays. The commission shall publish its advisory
1267 opinion on the Building Code Information System and in the
1268 Florida Administrative Register. The commission’s advisory
1269 opinion is nonbinding and is not a declaratory statement under
1270 s. 120.565.
1271 (8) Notwithstanding subsection (3) or subsection (7), The
1272 commission may address issues identified in this subsection by
1273 amending the code under the rule adoption procedures in chapter
1274 120. Updates to the Florida Building Code, including provisions
1275 contained in referenced standards and criteria which relate to
1276 wind resistance or the prevention of water intrusion, may not be
1277 amended under this subsection to diminish those standards;
1278 however, the commission may amend the Florida Building Code to
1279 enhance such standards. Following the approval of any amendments
1280 to the Florida Building Code by the commission and publication
1281 of the amendments on the commission’s website, authorities
1282 having jurisdiction to enforce the Florida Building Code may
1283 enforce the amendments.
1284 (a) The commission may approve amendments that are needed
1285 to address:
1286 1. Conflicts within the updated code;
1287 2. Conflicts between the updated code and the Florida Fire
1288 Prevention Code adopted under chapter 633;
1289 3. Unintended results from the integration of previously
1290 adopted amendments with the model code;
1291 4. Equivalency of standards;
1292 5. Changes to or inconsistencies with federal or state law;
1293 or
1294 6. Adoption of an updated edition of the National
1295 Electrical Code if the commission finds that delay of
1296 implementing the updated edition causes undue hardship to
1297 stakeholders or otherwise threatens the public health, safety,
1298 and welfare.
1299 (b) The commission may issue errata to the code pursuant to
1300 the rule adoption procedures in chapter 120 to list demonstrated
1301 errors in provisions contained within the Florida Building Code.
1302 The determination of such errors and the issuance of errata to
1303 the code must be approved by a 75-percent supermajority vote of
1304 the commission. For purposes of this paragraph, “errata to the
1305 code” means a list of errors on current and previous editions of
1306 the Florida Building Code.
1307 Section 29. Subsection (3) of section 553.791, Florida
1308 Statutes, is amended to read:
1309 553.791 Alternative plans review and inspection.—
1310 (3) A private provider and any duly authorized
1311 representative may only perform building code inspection
1312 services that are within the disciplines covered by that
1313 person’s licensure or certification under chapter 468, chapter
1314 471, or chapter 481, including single-trade inspections.
1315 However, a private provider and any duly authorized
1316 representative licensed as a building code administrator may
1317 perform any plan review or inspection requiring licensure or
1318 certification under part XII of chapter 468 if the private
1319 provider or duly authorized representative served for at least 3
1320 consecutive years as a building code administrator authorized by
1321 a municipal or county government to perform any plan review or
1322 inspection requiring licensure or certification under part XII
1323 of chapter 468 and has had no disciplinary action imposed
1324 against his or her license. The department shall adopt rules to
1325 identify those building code administrator licensees who meet
1326 the requirements of this subsection. A private provider may not
1327 provide building code inspection services pursuant to this
1328 section upon any building designed or constructed by the private
1329 provider or the private provider’s firm.
1330 Section 30. For the purpose of incorporating the amendment
1331 made by this act to section 20.165, Florida Statutes, in a
1332 reference thereto, paragraph (c) of subsection (3) of section
1333 120.54, Florida Statutes, is reenacted to read:
1334 120.54 Rulemaking.—
1335 (3) ADOPTION PROCEDURES.—
1336 (c) Hearings.—
1337 1. If the intended action concerns any rule other than one
1338 relating exclusively to procedure or practice, the agency shall,
1339 on the request of any affected person received within 21 days
1340 after the date of publication of the notice of intended agency
1341 action, give affected persons an opportunity to present evidence
1342 and argument on all issues under consideration. The agency may
1343 schedule a public hearing on the rule and, if requested by any
1344 affected person, shall schedule a public hearing on the rule.
1345 When a public hearing is held, the agency must ensure that staff
1346 are available to explain the agency’s proposal and to respond to
1347 questions or comments regarding the rule. If the agency head is
1348 a board or other collegial body created under s. 20.165(4) or s.
1349 20.43(3)(g), and one or more requested public hearings is
1350 scheduled, the board or other collegial body shall conduct at
1351 least one of the public hearings itself and may not delegate
1352 this responsibility without the consent of those persons
1353 requesting the public hearing. Any material pertinent to the
1354 issues under consideration submitted to the agency within 21
1355 days after the date of publication of the notice or submitted to
1356 the agency between the date of publication of the notice and the
1357 end of the final public hearing shall be considered by the
1358 agency and made a part of the record of the rulemaking
1359 proceeding.
1360 2. Rulemaking proceedings shall be governed solely by the
1361 provisions of this section unless a person timely asserts that
1362 the person’s substantial interests will be affected in the
1363 proceeding and affirmatively demonstrates to the agency that the
1364 proceeding does not provide adequate opportunity to protect
1365 those interests. If the agency determines that the rulemaking
1366 proceeding is not adequate to protect the person’s interests, it
1367 shall suspend the rulemaking proceeding and convene a separate
1368 proceeding under the provisions of ss. 120.569 and 120.57.
1369 Similarly situated persons may be requested to join and
1370 participate in the separate proceeding. Upon conclusion of the
1371 separate proceeding, the rulemaking proceeding shall be resumed.
1372 Section 31. For the purpose of incorporating the amendment
1373 made by this act to section 20.165, Florida Statutes, in
1374 references thereto, paragraph (b) of subsection (2) and
1375 paragraph (a) of subsection (3) of section 120.74, Florida
1376 Statutes, are reenacted to read:
1377 120.74 Agency annual rulemaking and regulatory plans;
1378 reports.—
1379 (2) PUBLICATION AND DELIVERY TO THE COMMITTEE.—
1380 (b) To satisfy the requirements of paragraph (a), a board
1381 established under s. 20.165(4), and any other board or
1382 commission receiving administrative support from the Department
1383 of Business and Professional Regulation, may coordinate with the
1384 Department of Business and Professional Regulation, and a board
1385 established under s. 20.43(3)(g) may coordinate with the
1386 Department of Health, for inclusion of the board’s or
1387 commission’s plan and notice of publication in the coordinating
1388 department’s plan and notice and for the delivery of the
1389 required documentation to the committee.
1390 (3) DEPARTMENT REVIEW OF BOARD PLAN.—By October 15 of each
1391 year:
1392 (a) For each board established under s. 20.165(4) and any
1393 other board or commission receiving administrative support from
1394 the Department of Business and Professional Regulation, the
1395 Department of Business and Professional Regulation shall file
1396 with the committee a certification that the department has
1397 reviewed each board’s and commission’s regulatory plan. A
1398 certification may relate to more than one board or commission.
1399 Section 32. For the purpose of incorporating the amendment
1400 made by this act to section 326.001, Florida Statutes, in
1401 references thereto, section 326.003, Florida Statutes, is
1402 reenacted to read:
1403 326.003 Administration.—The division shall:
1404 (1) Administer ss. 326.001-326.006 and collect fees
1405 sufficient to administer ss. 326.001-326.006.
1406 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
1407 implement ss. 326.001-326.006 and to classify brokers and
1408 salespersons and regulate their activities.
1409 (3) Enforce the provisions of ss. 326.001-326.006 against
1410 any person who operates as a broker or salesperson without a
1411 license.
1412 Section 33. For the purpose of incorporating the amendment
1413 made by this act to section 326.001, Florida Statutes, in
1414 references thereto, subsection (5) and paragraph (b) of
1415 subsection (7) of section 326.004, Florida Statutes, are
1416 reenacted to read:
1417 326.004 Licensing.—
1418 (5) The division by rule shall establish fees for
1419 application, initial licensing, biennial renewal, and
1420 reinstatement of licenses in an amount not to exceed $500. The
1421 fees must be set in an amount that is adequate to
1422 proportionately fund the expenses of the division in ss.
1423 326.001-326.006.
1424 (7)
1425 (b) Surety bonds and irrevocable letters of credit must be
1426 in a form to be approved by the division and must be conditioned
1427 upon the broker complying with the terms of any written contract
1428 made by such broker in connection with the sale or exchange of
1429 any yacht or ship and not violating any of the provisions of the
1430 Yacht and Ship Brokers’ Act in the conduct of the business for
1431 which he or she is licensed. The bonds and letters of credit
1432 must be delivered to the division and in favor of any person in
1433 a transaction who suffers any loss as a result of any violation
1434 of the conditions in ss. 326.001-326.006. When the division
1435 determines that a person has incurred a loss as a result of a
1436 violation of the Yacht and Ship Brokers’ Act, it shall notify
1437 the person in writing of the existence of the bond or letter of
1438 credit. The bonds and letters of credit must cover the license
1439 period, and a new bond or letter of credit or a proper
1440 continuation certificate must be delivered to the division at
1441 the beginning of each license period. However, the aggregate
1442 liability of the surety in any one year may not exceed the sum
1443 of the bond or, in the case of a letter of credit, the aggregate
1444 liability of the issuing bank may not exceed the sum of the
1445 credit.
1446
1447 The security for a broker must remain on deposit for a period of
1448 1 year after he or she ceases to be a broker.
1449 Section 34. For the purpose of incorporating the amendment
1450 made by this act to section 499.012, Florida Statutes, in a
1451 reference thereto, subsection (4) of section 499.003, Florida
1452 Statutes, is reenacted to read:
1453 499.003 Definitions of terms used in this part.—As used in
1454 this part, the term:
1455 (4) “Affiliated party” means:
1456 (a) A director, officer, trustee, partner, or committee
1457 member of a permittee or applicant or a subsidiary or service
1458 corporation of the permittee or applicant;
1459 (b) A person who, directly or indirectly, manages,
1460 controls, or oversees the operation of a permittee or applicant,
1461 regardless of whether such person is a partner, shareholder,
1462 manager, member, officer, director, independent contractor, or
1463 employee of the permittee or applicant;
1464 (c) A person who has filed or is required to file a
1465 personal information statement pursuant to s. 499.012(9) or is
1466 required to be identified in an application for a permit or to
1467 renew a permit pursuant to s. 499.012(8); or
1468 (d) The five largest natural shareholders that own at least
1469 5 percent of the permittee or applicant.
1470 Section 35. This act shall take effect July 1, 2026.