Meeting Packet — Business & Professions Subcommittee (January 21, 2020)

Summary

A meeting packet for the Business & Professions Subcommittee meeting on Tuesday, January 21, 2020, 12:30 PM to 2:30 PM at Webster Hall, with Heather Fitzenhagen as Chair. The agenda and notice list HB 1155, Legislative Review of Proposed Regulation of Unregulated Functions, by Hage and HB 1193, Deregulation of Professions and Occupations, by Ingoglia. The staff analysis of HB 1155 says the bill amends the Sunrise Act so that it also applies to legislation that substantially expands regulation of an already regulated profession or occupation, and provides for an effective date of July 1, 2020. The packet closes with the last pages of the text of HB 1193, which provides that, except as otherwise expressly provided in the act, it takes effect July 1, 2020.

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Business & Professions Subcommittee

Tuesday, January 21, 2020
12:30 PM - 2:30 PM
Webster Hall (212 Knott)

Meeting Packet

Jose Oliva Heather Fitzenhagen
Speaker Chair
The Florida House of Representatives
Commerce Committee
Business & Professions Subcommittee

Jose Oliva Heather Fitzenhagen
Speaker Chair

AGENDA

Tuesday, January 21, 2020
Webster Hall (212 Knott)
12:30 PM - 2:30 PM

I. Call to Order & Roll Call

II. Welcoming Remarks

III. Consideration of the following bills(s):

HB 1155 by Rep. Hage
Legislative Review of Proposed Regulation of Unregulated Functions

HB 1193 by Rep. Ingoglia
Deregulation of Professions and Occupations

IV. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, Florida 32399-1300
(850) 717-4873 Fax: (850) 413-0419
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Business & Professions Subcommittee

Start Date and Time: Tuesday, January 21, 2020 12:30 pm

End Date and Time: Tuesday, January 21, 2020 02:30 pm

Location: Webster Hall (212 Knott)
Duration: 2.00 hrs

Consideration of the following bill(s):

HB 1155 Legislative Review of Proposed Regulation of Unregulated Functions by Hage
HB 1193 Deregulation of Professions and Occupations by Ingoglia

Pursuant to rule 7.11, the deadline for amendments to bills on the agenda by non-appointed members shall
be 6:00 p.m., Friday, January 17, 2020.

By request of Chair Fitzenhagen, all Business & Professions Subcommittee members are asked to have
amendments to bills on the agenda submitted to staff by 6:00 p.m., Friday, January 17, 2020.

NOTICE FINALIZED on 01/16/2020 4:00PM by Rigas.Amanda

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
Bill #: HB 1155 Legislative Review of Proposed Regulation of Unregulated Functions
SPONSOR(S): Hage
TIED BILLS: IDEN./SIM. BILLS: SB 1614

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Brackett ?(! Anstead ~
2) Oversight, Transparency & Public Management
Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
A sunrise review is a formal process of review requiring a cost-benefit analysis be conducted before legislation
proposing to regulate an unregulated profession or occupation is enacted.

Florida's sunrise review, which was enacted in 1991, is called the Sunrise Act. The Sunrise Act requires the
Legislature to consider certain factors before determining whether to regulate an unregulated profession or
occupation. Those factors include:
• Whether the unregulated practice of the profession or occupation will substantially harm or endanger
the public health, safety, or welfare;
• Whether the practice of the profession or occupation requires specialized skill or training;
• Whether the regulation will have an unreasonable effect on job creation or job retention in the state;
• Whether the public is or can be effectively protected by other means; and
• Whether the overall cost-effectiveness and economic impact of the proposed regulation, including the
indirect costs to consumers, will be favorable.

The bill amends the Sunrise Act too:
• Provide that in addition to applying to legislation that regulates an unregulated profession or
occupation, the Sunrise Act also applies to legislation that substantially expands regulation of an
already regulated profession or occupation;
• Require proponents of a regulation to provide certain information to the President of the Senate, the
Speaker of the House of Representatives, and the state agency that is proposed to have jurisdiction of
the regulation, no later than 30 days prior to the session in which the legislation is to be filed; and
• Require the state agency proposed to have jurisdiction to provide certain information to the President of
the Senate, the Speaker of the House of Representatives, and the proponents of the regulation within
25 days after receiving the legislation.

The bill may have a fiscal impact on state government. The bill is not expected to have a fiscal impact on local
governments.

The bill provides for an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Occupational Licensing

An occupational or professional license is a form of regulation that requires individuals who want to
perform certain types of work, such as contractors and cosmetologists, to obtain permission from the
government to perform the work. 1 Generally, an individual obtains permission from the government to
perform a certain type of work by demonstrating that they have the designated knowledge, skills, and
abilities to perform the work by meeting pre-determined criteria established by the government, such as
work experience and exams. If the individual successfully completes the pre-determined criteria the
government issues the individual a license, which allows them to perform the work. 2

In the 1950s, less than five percent of U.S. workers were required to have a license to do their jobs.
Since then the number of workers required to have a license has risen five-fold to more than one-
quarter of U.S. workers with most of these workers being licensed by the states. Almost two-thirds of
this change stems from an increase in the number of professions that require a license. The number of
licensed workers is even higher in Florida, with an estimated 28. 7 percent of the workforce being
licensed by the state. 3

In 2015, the White House published a report on the current state of occupational licensing in the nation.
The report found that when designed and implemented carefully requiring occupational licenses offers
important health and safety protections to consumers, as well as benefits to workers. However, the
report also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there
is evidence that the current license regime in the U.S. raises the price of goods and services, restricts
employment opportunities, and makes it more difficult for workers to take their skills across state lines. 4

The report stated that because occupations are diverse in their tasks, designing and implementing
successful occupational license regulations often requires a tailored approach. However, there are a
number of common factors that policymakers should consider when contemplating enacting, revising,
or repealing an occupational regulation. Policymakers should: 5
• Ensure that restrictions are closely targeted to protecting public health and safety, and are not
overly burdensome;
• Facilitate a careful consideration of licensure's costs and benefits; and
• Work to reduce licensing's barriers to mobility.

Policy makers can facilitate a careful consideration of licensure costs and benefits through both sunrise
and sunset reviews. However, evidence suggests that sunrise reviews are more successful at limiting
the growth of licensing since removing a license is much more difficult than enacting one. Additionally,
state regulators suggested that sunrise reviews may be more effective than sunset reviews. 6

Generally, a sunrise review is a formal process where a legislature scrutinizes legislation proposing to
regulate an unregulated profession or occupation by requiring a cost-benefit analysis to be conducted
before the legislation is enacted. Most sunrise reviews require the proponents of the regulation to
outline the potential impacts, costs, and benefits of the proposed regulation. Some states require the
proponents of the regulation to provide certain information to a legislative committee or a state agency
for analysis and evaluation, which is then provided to the legislature. Policymakers can review the
information provided before moving forward with the legislation. 7

Currently twelve states, including Florida, have sunrise reviews. 8 However, states vary widely in how
independently and thoroughly they administer sunrise reviews. Colorado requires proponents of
regulation to submit the proposed regulation along with the potential impacts, costs, and benefits to the
Colorado Department of Regulatory Agencies for analysis and evaluation. 9 Minnesota requires
proponents of regulation to file a report outlining the regulation's potential impacts, costs, and benefits
with the legislature within 15 days of the bill being introduced. 10 Maine requires sunrise reviews for
legislation regulating an unregulated profession or occupation and legislation that substantially expands
regulation of an already regulated profession or occupation. 11 Florida currently requires proponents of
regulation to file information about the regulation's potential impacts, costs, and benefits upon
request. 12

Florida's Sunrise Act

Section 11.62, F.S., is Florida's sunrise review, which is called the Sunrise Act. The Sunrise Act states
that regulation should not be adopted unless it is:
• Necessary to protect the public health, safety, or welfare from significant and discernible harm
or damage;
• Exercised only to the extent necessary to prevent the harm; and
• Limited so as not to unnecessarily restrict entry into the practice of the profession or adversely
affect public access to the professional services.

In determining whether to regulate a profession or occupation, the Sunrise Act requires the Legislature
to consider the following:
• Whether the unregulated practice of the profession or occupation will substantially harm or
endanger the public health, safety, or welfare, and whether the potential for harm is
recognizable and not remote;
• Whether the practice of the profession or occupation requires specialized skill or training and
whether that skill or training is readily measurable or quantifiable so that examination or training
requirements would reasonably assure initial and continuing professional or occupational ability;
• Whether the regulation will have an unreasonable effect on job creation or job retention in the
state or will place unreasonable restrictions on the ability of individuals who seek to practice or
who are practicing a given profession or occupation to find employment;
• Whether the public is or can be effectively protected by other means; and
• Whether the overall cost-effectiveness and economic impact of the proposed regulation,
including the indirect costs to consumers, will be favorable.

7
Id at 48; Iris Hentze, Improving Occupational Licensing with Sunrise and Sunset Reviews, National Conference of State
Legislatures, (July 2018), http://www.ncsl.org/research/labor-and-employment/improving-occupational-licensing-with-sunrise-and-
sunset-reviews.aspx (last visited Jan. 14, 2020); Council on Licensure & Regulation, Sunrise, Sunset and State Agency Audits,
https://www.clearhq.org/page-486181 (last visited Jan. 14, 2020).
8
Council on Licensure & Regulation supra note 5.
9
Colo. Rev. Stat. § 24-34-104.1.
10
Minn. Stat.§ 214.002.
11
ME. Rev. Stat. Ann. Tit. 32-IA, § 60-J.
12
S. 11.62(4), F.S.
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The Sunrise Act requires proponents of legislation that propose new regulation on professions or
occupations to provide the following information, upon request by the agency proposed to have
jurisdiction or the legislative committee to which the legislation is referred, to document the need for
regulation:
• The number of individuals or businesses that would be subject to the regulation;
• The name of each association that represents members of the profession or occupation,
together with a copy of its codes of ethics or conduct;
• Documentation of the nature and extent of the harm to the public caused by the unregulated
practice of the profession or occupation, including a description of any complaints that have
been lodged against persons who have practiced the profession or occupation in this state
during the preceding three years;
• A list of states that regulate the profession or occupation, and the dates of enactment of each
law providing for such regulation and a copy of each law;
• A list and description of state and federal laws that have been enacted to protect the public with
respect to the profession or occupation and a statement of the reasons why these laws have not
proven adequate to protect the public;
• A description of the voluntary efforts made by members of the profession or occupation to
protect the public and a statement of the reasons why these efforts are not adequate to protect
the public;
• A copy of any federal legislation mandating regulation;
• An explanation of the reasons why other types of less restrictive regulation would not effectively
protect the public;
• The cost, availability, and appropriateness of training and examination requirements;
• The cost of regulation, including the indirect cost to consumers, and the method proposed to
finance the regulation;
• The cost imposed on applicants or practitioners or on employers of applicants or practitioners as
a result of the regulation;
• The details of any previous efforts in this state to implement regulation of the profession or
occupation; and
• Any other information the agency or the committee considers relevant to the analysis of the
proposed legislation.

The Sunrise Act requires the agency proposed to have jurisdiction over the regulation to provide the
Legislature with the following information:
• The resources required to implement and enforce the regulation;
• The technical sufficiency of the proposal, including its consistency with the regulation of other
professions; and
• Any alternatives that may result in less restrictive or more cost-effective regulation.

In determining whether to recommend regulation, the legislative committee reviewing the proposal is
directed to assess whether the proposed regulation is:
• Justified based on the statutory criteria and the information provided by both the proponents of
regulation and the agency responsible for its implementation;
• The least restrictive and most cost-effective regulatory scheme necessary to protect the public;
and
• Technically sufficient and consistent with the regulation of other professions under existing law.

State Agency Rulemaking and Statements of Estimated Regulatory Costs (SERC)

State agencies are required to follow the Administrative Procedure Act (APA) 13 which sets forth a
uniform set of procedures that agencies must follow when exercising authority to make rules delegated

13
Ch. 120, F.S.
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to the agency by the legislature. Rulemaking authority is delegated by the Legislature through statute
and authorizes agencies to "adopt, develop, establish, or otherwise create" rules. 14

A state agency is required by the APA in certain circumstances to complete a SERC. A SERC is an
agency estimate of the potential impact of a proposed rule on the public, particularly the potential costs
to the public of complying with the proposed rule, as well as to the agency and other governmental
entities to implement the rule. Agencies are encouraged to prepare a SERC before adopting,
amending, or repealing any rule. A SERC is required, however, if the proposed rule will have a negative
impact on small businesses or increase regulatory costs by more than $200,000 in the aggregate within
one year after implementation of the rule. 15 A SERC must include: 16
• Good faith estimates of the number of people and entities affected by the proposed rule;
• Good faith estimates of the cost to the agency and other governmental entities to implement the
proposed rule;
• Good faith estimates of the transactional costs likely to be incurred by people, entities, and
governmental agencies for compliance. Transactional costs is defined to mean direct costs that
are readily ascertainable based upon standard business practices, and include filing fees, the
cost of obtaining a license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs;
• An analysis of the proposed rule's impact on small businesses, counties, and cities; and
• Any additional information that the agency determines may be useful.

The SERC must also include an economic analysis on the likelihood that the proposed rule will have an
adverse impact in excess of $1 million within the first 5 years of implementation on:17
• Economic growth, private-sector job creation or employment, or private-sector investment;
• Business competitiveness, productivity, or innovation; or
• Regulatory costs, including any transactional costs.

Effect of the Bill

The bill provides that in addition to applying to legislation that regulates an unregulated profession or
occupation, the Sunrise Act also applies to legislation that substantially expands regulation of an
already regulated profession or occupation. The bill defines the term "substantial expansion of
regulation" to mean to expand the scope of practice for current practitioners of a profession or
occupation by regulating an activity that is not regulated by the state.

The bill requires proponents of legislation proposing regulation to provide the Legislature and the state
agency proposed to have jurisdiction certain information documenting the need for regulation by a
certain time, instead of doing so only upon request. The proponents must also file a draft of the
legislation and a summary of any bills on the same subject that have been filed with the Legislature in
the preceding five years. The proponents must provide this information to the President of the Senate,
the Speaker of the House of Representatives, and the agency proposed to have jurisdiction over the
regulation at least 30 days before the session in which the legislation is filed.

In addition to the current information an agency must provide to the Legislature, the bill provides that an
agency must also provide the Legislature with the following information:
• Good faith estimates of the number of people and entities affected by the proposed regulation;
• Good faith estimates of transactional costs likely to be incurred by people, entities, and
governmental agencies for compliance. Transactional costs are defined to mean direct costs
that are ascertainable based upon standard business practices, and include filing fees, the cost

14
Ss. 120.52(16)-(17) & 120.54(1)(a), F.S; Ch. 120, F.S.
15
Ss. 120.54(3)(b) & 120.541(2), F.S.
16
S. 120.541(2)(b), F.S.
11 Id.
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of obtaining a license, regulatory compliance costs, operating costs, the cost of monitoring and
reporting, and any other costs necessary to comply with the rule;
• The anticipated costs to implement and enforce the proposed regulation, and any anticipated
license fees necessary to cover the anticipated costs;
• Whether additional statutory or rulemaking authority is necessary to implement and enforce the
proposed regulation;
• A comparison of similarly situated professions and occupations regulated by the agency;
• The anticipated impact of the proposed regulation's impact on small businesses, counties, and
cities;
• The anticipated impact of the proposed regulation's impact on economic growth, private-sector
job creation or employment, and business competitiveness, including the ability of persons
doing business in the state to compete with persons doing business in other states or domestic
markets; and
• Any other information the agency determines relevant to the analysis of the proposed
regulation.

The bill provides that the state agency proposed to have jurisdiction must provide the information to the
President of the Senate, the Speaker of the House of Representatives, and the proponents of the
legislation within 25 days of receiving the draft legislation from the proponents. If a state agency fails to
provide the required information, they must notify the proponents of the legislation, the President of the
Senate, and the Speaker of the House of Representatives that they could not comply with the Sunrise
Act's requirements because the agency was unable to acquire sufficient information.

B. SECTION DIRECTORY:
Section 1. Amends s. 11.62, F.S., revising the requirements of the Sunrise Act.

Section 2. Provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
Indeterminate.

2. Expenditures:
Indeterminate.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have an indeterminate, positive impact on the private sector.

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D. FISCAL COMMENTS:
The fiscal impact of the bill on state government is indeterminate.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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FLORIDA H O U S E 0 F REPRESENTATIVES

HB 1155 2020

1 A bill to be entitled
2 An act relating to legislative review of proposed
3 regulation of unregulated functions; amending s.
4 11.62, F.S.; defining terms; providing that certain
5 requirements must be met before the adoption of a
6 regulation of an unregulated profession or occupation
7 or the substantial expansion of regulation of a
8 regulated profession or occupation; requiring the
9 proponents of legislation that proposes such
10 regulation to provide certain information to the state
11 agency proposed to have jurisdiction over the
12 regulation and the Legislature by a certain date;
13 requiring such state agency to provide certain
14 information to the Legislature within a certain time
15 period; providing an exception; revising information
16 that a legislative committee must consider when
17 determining whether a regulation is justified;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 11.62, Florida Statutes, is amended to
23 read:
24 11.62 Legislative review of proposed regulation of
25 unregulated functions.-

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26 (1) This section may be cited as the "Sunrise Act."
27 (2) It is the intent of the Legislature:
28 (a) That no profession or occupation be subject to
29 regulation by the state unless the regulation is necessary to
30 protect the public health, safety, or welfare from significant
31 and discernible harm or damage and that the police power of the
32 state be exercised only to the extent necessary for that
33 purpose; and
34 (b) That no profession or occupation be regulated by the
35 state in a manner that unnecessarily restricts entry into the
36 practice of the profession or occupation or adversely affects
37 the availability of the professional or occupational services to
38 the public.
39 (3) As used in this section, the term:
40 (a) "Substantial expansion of regulation" means to expand
41 the scope of practice· for current practitioners of a profession
42 or occupation by regulating an activity that is not regulated by
43 the state.
44 (b) "Transactional costs" means direct costs that are
45 ascertainable based upon standard business practices, including
46 filing fees, license fees, regulatory compliance costs,
47 operating costs, monitoring and reporting costs, and any other
48 costs necessary to comply with the proposed regulation.
49 ~ In determining whether to regulate a profession or
50 occupation, the Legislature shall consider the following

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51 factors:
52 (a) Whether the unregulated practice of the profession or
53 occupation will substantially harm or endanger the public
54 health, safety, or welfare, and whether the potential for harm
55 is recognizable and not remote;
56 (b) Whether the practice of the profession or occupation
57 requires specialized skill or training, and whether that skill
58 or training is readily measurable or quantifiable so that
59 examination or training requirements would reasonably assure
60 initial and continuing professional or occupational ability;
61 (c) Whether the regulation will have an unreasonable
62 effect on job creation or job retention in the state or will
63 place unreasonable restrictions on the ability of individuals
64 who seek to practice or who are practicing a given profession or
65 occupation to find employment;
66 (d) Whether the public is or can be effectively protected
67 by other means; and
68 (e) Whether the overall cost-effectiveness and economic
69 impact of the proposed regulation, including the indirect costs
70 to consumers, will be favorable.
71 (5) In order to ensure that the Legislature only adopts
72 those regulations that are necessary to protect the public, and
73 are the least restrictive regulatory alternative consistent with
74 the public interest, the requirements of this section must be
75 met before the adoption of:

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76 (a) Any regulation of a profession or occupation not
77 already expressly subject to state regulation; or
78 (b) Any regulation that substantially expands the
79 regulation of a regulated profession or occupation.
80 l§l+4+ The proponents of legislation, including any
81 individual, group, or entity, that proposes provides for the
82 regulation of an unregulated profession or occupation or the
83 substantial expansion of regulation of a regulated profession or
84 occupation not already eJcpressly subject to state regulation
85 shall provide, upon request, the following information in
86 writing to the state agency that is proposed to have
87 jurisdiction over the regulation, the President of the Senate,
88 and the Speaker of the House of Representatives at least 30 days
89 before the regular session of the Legislature in which the
90 legislation is to be filed and to the legislative cofflffiittees to
91 which the legislation is referred:
92 (a) A copy of the draft legislation proposing to regulate
93 an unregulated profession or occupation or the substantial
94 expansion of regulation of a regulated profession or occupation;
95 JE.l_-ta+ The number of individuals or businesses that would
96 be subject to the regulation;
97 ~-+a-+- The name of each association that represents
98 members of the profession or occupation, together with a copy of
99 its codes of ethics or conduct;
100 J.s!l_-+et Documentation of the nature and extent of the harm

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101 to the public caused by the unregulated practice of the
102 profession or occupation, including a description of any
103 complaints that have been lodged against persons who have
104 practiced the profession or occupation in this state during the
105 preceding 3 years;
106 ~-f-Ei-1- A list of states that regulate the profession or
107 occupation, and the dates of enactment of each law providing for
108 such regulation and a copy of each law;
109 J..fl_-fe+ A list and description of state and federal laws
110 that have been enacted to protect the public with respect to the
111 profession or occupation and a statement of the reasons why
112 these laws have not proven adequate to protect the public;
113 J....gl+f+- A description of the voluntary efforts made by
114 members of the profession or occupation to protect the public
115 and a statement of the reasons why these efforts have not proven
116 are not adequate to protect the public;
117 Jbl~ A copy of any federal legislation mandating
118 regulation;
119 J.il-f-R+ An explanation of the reasons why other types of
120 less restrictive regulation would not effectively protect the
121 public;
122 Jj.J_-f±+ The cost, availability, and appropriateness of
123 training and examination requirements;
124 ~-+1+ The cost of regulation, including the indirect cost
125 to consumers, and the method proposed to finance the regulation;

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126 J.ll+*+- The cost imposed on applicants or practitioners or
127 on employers of applicants or practitioners as a result of the
128 regulation;
129 (m}-f-±+ The details of any previous efforts in this state
130 to implement regulation of the profession or occupationL
131 including a summary of bills filed in the Legislature on the
132 same subject in the preceding 5 years; and
133 J...!!1-fffl+- Any other information the proponents of the
134 legislation consider agency or the cofflfflittee considers relevant
135 to the analysis of the proposed legislation.
136 l.21-f-§-t The state agency proposed to have jurisdiction over
137 the regulation shall provide the President of the Senate and the
138 Speaker of the House of Representatives with the following
139 information within 25 days after the proponents of the
140 legislation submit the draft legislation to the state agency in
141 accordance with subsection (6) The agency shall provide the
142 Legislature with information concerning the effect of proposed
143 legislation that provides for new regulation of a profession or
144 occupation regarding:
145 (a} The departmental resources necessary to implement and
146 enforce the proposed regulation, including, but not limited to,
147 the anticipated costs to implement and enforce the proposed
148 regulation and any anticipated license fees necessary to cover
149 the anticipated costs.r
150 (b} Whether additional statutory or rulemaking authority

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151 is necessary to implement and enforce the proposed regulation.
152 (c) A comparison of similarly situated professions and
153 occupations regulated by the state agency.
154 (d) The anticipated impact on small businesses as defined
155 ins. 288.703 and small counties and small cities as defined in
156 s. 120.52.
157 (e) The anticipated impact on business competitiveness,
158 including the ability of persons doing business in the state to
159 compete with persons doing business in other states or domestic
160 markets.
161 (f) The anticipated impact on economic growth and private
162 sector job creation or employment.
163 J_ql_ The technical sufficiency of the proposal for
164 regulation, including its consistency with the regulation of
165 other professions and occupations under existing law~, and
166 J..gl_-te+ If applicable, any alternatives to the proposed
167 regulation which may result in a less restrictive or more cost-
168 effective regulatory scheme.
169 (i) A good faith estimate of the number of individuals or
170 businesses that would be subject to the proposed regulation.
171 (j) A good faith estimate of the transactional costs
172 likely to be incurred by individuals and entities, including
173 local government entities, that would be required to comply with
174 the proposed regulation.
175 (k) Any other information the state agency determines

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176 relevant to the analysis of the proposed regulation.
177 (8) If the state agency that is proposed to have
178 jurisdiction over the regulation is unable to provide the
179 information required by subsection (7), such state agency shall
180 notify the proponents of the legislation, the President of the
181 Senate, and the Speaker of the House of Representatives that the
182 agency was unable to acquire sufficient information to comply
183 with that subsection.
184 l2.l_+6+- When making a recommendation concerning proposed
185 legislation providing for new regulation of a profession or
186 occupation, a legislative committee shall determine:
187 (a) Whether the regulation is justified based on the
188 criteria specified in subsection (3), the information submitted
189 pursuant to request under subsection (4), and -t-fte information
190 provided under subsections (4), (6), and (7) subsection (5);
191 (b) The least restrictive and most cost-effective
192 regulatory scheme that will adequately protect the public; and
193 (c) The technical sufficiency of the proposed legislation,
194 including its consistency with the regulation of other
195 professions and occupations under existing law.
196 Section 2. This act shall take effect July 1, 2020.

Page 8 of 8

CODING: Words strisken are deletions; words underlined are additions.
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 1193 Deregulation of Professions and Occupations
SPONSOR(S): lngoglia
TIED BILLS: IDEN./SIM. BILLS: SB 474

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee Wright Anstead

2) Government Operations & Technology
Appropriations Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
The bill relates to various businesses and professions regulated by the Department of Business and Professional
Regulation. Specifically, the bill, cited as the "Occupational Freedom and Opportunity Act," does the following:
• Deregulates:
• Interior designers and interior design businesses,
• Hair braiders, hair wrappers, and body wrappers,
• Nail polishers and makeup applicators, and
• Boxing announcers and timekeepers.
• Partially deregulates the following professions, while maintaining civil and criminal causes of action:
• Auctioneers,
• Talent agents, and
• Labor organizations.
• Eliminates the additional business license required for the following licensees:
• Asbestos abatement consultants and contractors,
• Architects,
• Landscape architects, and
• Geologists.
• Reduces the hours of training required to obtain a license for:
• Barbers and restricted barbers, and
• Nail, facial and full specialists.
• Adds new ways for out of state professionals to obtain a license in the state for:
• Veterinarians,
• Construction and electrical contractors,
• Landscape architects,
• Geologists,
• Engineers,
• Certified public accountants,
• Home inspectors,
• Building code professionals, and
• Cosmetologists Barbers.
• Reduces the number of members on the Florida Building Commission.
• Authorizes unlicensed individual to provide compensated dietary and nutritional information as long as
such individuals do not represent that they are licensed dieticians or nutritionists.
• Prohibits DBPR from disciplining or revoking a licensee based solely on defaulting on a student loan.

The fiscal impact of the bill is indeterminate. For more details, see Fiscal Comments.

The bill has an effective date of July 1, 2020, except where otherwise indicated.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1193.BPS.D0CX
DATE: 1/13/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Occupational Licensing

An occupational or professional license is a form of regulation that requires individuals who want to perform
certain types of work, such as contractors and cosmetologists, to obtain permission from the government to
perform the work. 1 Generally, an individual obtains such permission by demonstrating that they have the
designated knowledge, skills, and abilities to perform the work by meeting pre-determined criteria
established by the government, such as work experience and examinations. If the individual successfully
completes the pre-determined criteria, the government issues the individual a license, which allows them to
perform the work. 2

In the 1950s, less than five percent of U.S. workers were required to have an occupational license to do
their jobs. Since then, the number of workers required to have a license has risen to more than one-quarter
of U.S. workers, and an estimated 28.7 percent of the Florida workforce requires a license from the state. 3

In 2015, The White House published a report on the current state of occupational licensing in the nation.
The report found that when designed and implemented carefully, requiring occupational licenses offers
important health and safety protections to consumers, as well as benefits to workers. However, the report
also found that too often licensing requirements are inconsistent, inefficient, arbitrary, and there is evidence
that the current licensing regimes in the U.S. raise the price of goods and services, restrict employment
opportunities, and make it more difficult for workers to take their skills across state lines. 4

Organizational Structure of the Department of Business and Professional Regulation

The Florida Department of Business and Professional Regulation (DBPR) regulates and licenses
businesses and professionals in Florida through the following divisions:
• The Division of Administration,
• The Division of Alcoholic Beverages and Tobacco,
• The Division of Certified Public Accounting,
• The Division of Drugs, Devices, and Cosmetics,
• The Division of Florida Condominiums, Timeshares, and Mobile Homes,
• The Division of Hotels and Restaurants,
• The Division of Pari-mutuel Wagering,
• The Division of Professions,
• The Division of Real Estate,
• The Division of Regulation,
• The Division of Technology, and
• The Division of Service Operations. 5

The Division of Professions (Professions) licenses and regulates more than 434,000 professionals through
the following professional boards and programs:
• Board of Architecture and Interior Design,
• Asbestos Licensing Unit,

1
The White House, Occupational Licensing: A Framework for Policymakers, 6 (July 2015)
https://obamawhitehouse.archives.gov/sites/default/files/docs/licensing report final nonembargo.pdf (last visited on Dec. 30, 2019).
2
Bureau of Labor Statistics, Frequently asked questions about data on certifications and licenses,
https://www.bls.gov/cps/certifications-and-licenses-faqs.htm, (last visited on Nov. 26, 2019).
3
White House, supra note 1, at 3.
4 Id., at 3-5.
5
S. 20.165, F.S.
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DATE: 1/13/2020
• Athlete Agents,
• Board of Auctioneers,
• Barbers' Board,
• Building Code Administrators and Inspectors Board,
• Regulatory Council of Community Association Managers,
• Construction Industry Licensing Board,
• Board of Cosmetology,
• Electrical Contractors' Licensing Board,
• Board of Employee Leasing Companies,
• Home Inspectors,
• Board of Landscape Architecture,
• Mold-Related Services,
• Board of Pilot Commissioners,
• Board of Professional Geologists,
• Talent Agencies,
• Board of Veterinary Medicine, and
• Florida Board of Professional Engineers. 6

The Division of Regulation (Regulations) is the enforcement authority for Labor Organizations and
Business Agents, the Florida State Boxing Commission, Farm Labor Program, Child Labor Program, and
any professional boards and programs housed within Professions.7 To ensure compliance with applicable
laws and rules by those professions and related businesses, Regulations investigates complaints, utilizes
compliance mechanisms, and performs inspections. 8

The Division of Florida Condominiums, Timeshares, and Mobile Homes (FCTMH) provides consumer
protection for Florida residents living in regulated communities through education, complaint resolution,
mediation and arbitration, and developer disclosure. 9 FCTMH has limited regulatory authority over the
following business entities and individuals:
• Condominium Associations;
• Cooperative Associations;
• Florida Mobile Home Parks and related associations;
• Vacation Units and Timeshares;
• Yacht and Ship Brokers and related business entities; and
• Homeowners' Associations Uurisdiction limited to arbitration of election and recall disputes). 10

For each professional licensed issued by DBPR, DBPR charges an application fee set by the applicable
board, or by DBPR if there is no board for the profession. DBPR also imposes a $5 unlicensed activity fee
on each occupational license, in order to fund efforts to combat unlicensed activity. 11

Also, for professional licenses granted by DBPR, a license by endorsement means a license granted to an
applicant based on their license in another jurisdiction. Section 455.227(2), F.S., allows DBPR or an
applicable board to deny a license application based on an applicant's license history in another
jurisdiction. 12

6
Florida Department of Business and Professional Regulation, Division of Professions, http://www.myfloridalicense.com/DBPR/division-
of-professions/ (last visited Jan. 9, 2020).
7 Except the Board of Architecture and Interior Design, and the Florida Board of Professional Engineers. Florida Department of

Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-of-regulation/ (last
visited Dec. 19, 2019).
8 Florida Department of Business and Professional Regulation, Division of Regulation, http://www.myfloridalicense.com/DBPR/division-

of-regulation/ (last visited Dec. 19, 2019).
9
Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes,
http://www.myfloridalicense.com/DBPR/condos-timeshares-mobile-homes/ (last visited Jan. 9, 2020).
10 Id.
11 S. 455.2281, F.S.
12 S. 455.227(1)(f), (2)(a), F.S.
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Barbering

Background

Barbers, restricted barbers, and barbershops are regulated by ch. 476, F.S., and by the Barbers' Board.

'Barbering' means any of the following practices when done for remuneration and for the public, but not
when done for the treatment of disease or physical or mental ailments: shaving, cutting, trimming, coloring,
shampooing, arranging, dressing, curling, or waving the hair or beard or applying oils, creams, lotions, or
other preparations to the face, scalp, or neck, either by hand or by mechanical appliances." 13

A 'restricted barber' is a person who has a restricted license to practice barbering that limits the licensee's
practice to specific areas of demonstrated competence pursuant to rules adopted by the board.

To be eligible for licensure, barbers and restricted barbers must:
• be at least 16 years old,
• complete 1,200 hours of training, 14 which can cost between $2,000 and $11,000, 15
• pass the applicable written examination, 16 and
• pay a $205 fee. 17

Barbers and restricted barbers are required to complete 2 hours of continuing education every two years,
which must be focused on HIV/AIDS topics. 18

Barbers licensed in another state are eligible for a license by endorsement in Florida if they have
completed: 19
• at least 1,200 educational hours,
• a written exam, and
• a 2 hour HIV/AIDS course.

For 2018-2019 Fiscal Year, there were 21,248 barbers in the state. DBPR received 666 complaints against
barbers, and took 405 disciplinary actions. 20

Effect of the Bill

The bill reduces the number of required hours of training from 1,200 to 600 for barbers and from 1,200 to
400 for restricted barbers. The type of training required is limited to sanitation, safety, laws, and rules.

The bill allows full license reciprocity in Florida for applicants who hold a barber license in another state,
without needing to pass a written examination.

Cosmetology and Cosmetology Salons

Background

13
S. 476.034(2), F.S.
14
Under certain circumstances, an applicant may take the exam after completing 1,000 hours of training. If he or she passes the exam,
no more training is required. S. 476.114(c)2., F.S.
15
CostHHelper, Inc., How Much Does Barber School Cost?, https://education.costhelper.com/barber-school.html (last visited Jan. 9,
2020).
16 R. 61-35.006, F.A.C.
17
Email from Colton Madill, Deputy Legislative Affairs Director, Florida Department of Business and Professional Regulation, RE:
DBPR Fee Schedule (Jan. 3, 2020).
18 S. 455.2228, F.S.
19 S. 476.144, F.S.

°
2
Florida Department of Business and Professional Regulation, 2018-2019 Annual Report, pp.19, 90.
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DATE: 1/13/2020
Cosmetologists, hair wrappers, hair braiders, nail specialists, facial specialists, full specialists, body
wrappers, and related salons in the state are regulated in accordance with ch. 477, F.S. and by the Board
of Cosmetology.

The term 'cosmetology' is defined as "the mechanical or chemical treatment of the head, face, and scalp
for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair
arranging, hair coloring, permanent waving, and hair relaxing for compensation. This term also includes
performing hair removal, including wax treatments, manicures, pedicures, and skin care services." 21

To be eligible for licensure, a cosmetologist must:
• be at least 16 years old,
• complete 1,200 hours of training, which typically costs between $5,000 and $20,000, 22
• pass an examination, and
• pay an initial license fee of $63.50. 23

In order to renew a cosmetology license or specialty registration, a licensee must complete 16 hours of
continuing education biennially. 24

Cosmetologists and specialists licensed in other states are eligible for a license by endorsement in Florida
if they have been licensed for more than 1 year or have completed the required hours of education for the
equivalent Florida license, and completed a 2 hour HIV/AIDS course. 25

For 2018-2019 Fiscal Year, there were 253,065 cosmetologists and specialists in the state. DBPR received
2,091 complaints, and took 1,323 disciplinary actions. 26

Specialty Registrations

A 'specialist' is defined as any person holding a specialty registration in one or more of the following
cosmetology specialties: 27
• manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails,
and massaging of the hands. This term includes any procedure or process for the affixing of
artificial nails, except those nails which may be applied solely by use of a simple adhesive;
• pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or
beautifying of the feet; and
• facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other
preparations, and skin care services.

A nail specialist may complete manicures and pedicures. A facial specialist may complete facials. A full
specialist may complete manicures, pedicures, and facials. 28

To qualify for a specialist registration, the applicant must: 29
• be at least 16 years old;
• register with DBPR and pay the $75 registration fee; and
• obtain a certificate of completion from an approved specialty education program, consisting of:
o 240 hours of training for a nail specialty,

21 S. 477.013, F.S.
22 BeautySchools.com, The Cost of Beauty School, https://www.beautyschools.com/the-cost-of-beauty-school/ (last visited Dec. 19,

2019).
23 DBPR, supra note 13.
24
S. 477.019(7)(a), F.S.
2s S. 477.019(1)(c), F.S.
26 DBPR, supra note 16.
27
S. 477.013, F.S.
2a R. 61G5-29.001, F.A.C.
29 S. 477.0201, F.S.
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o 260 hours of training for a facial specialty, and
o 500 hours of training for a full specialty. 30

Currently, a person who applies polish or paint to fingernails and toenails or makeup for compensation
needs a cosmetology or specialty license. 31

There are 40,355 nail specialists, 29,556 facial specialists, and 33,257 full specialists. In fiscal year 2018-
2019, for nail specialists, DBPR received 142 complaints and took 81 disciplinary actions; for facial
specialists, DBPR received 74 complaints and took 9 disciplinary actions; and for full specialists, DBPR
received 78 complaints and took 75 disciplinary actions. 32

Hair Braiding, Hair Wrapping, and Body Wrapping Registrations

'Hair braiding' means the "weaving or interweaving of natural human hair for compensation without cutting,
coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair
extensions or wefts." 33

'Hair wrapping' means the "wrapping of manufactured materials around a strand or strands of human hair,
for compensation, without cutting, coloring, permanent waving, relaxing, removing, weaving, chemically
treating, braiding, using hair extensions, or performing any other service defined as cosmetology." 34

'Body wrapping' means a "treatment program that uses herbal wraps for the purposes of cleansing and
beautifying the skin of the body, but does not include the application of oils, lotions, or other fluids to the
body, except fluids contained in presoaked materials used in the wraps, or manipulation of the body's
superficial tissue, other than that arising from compression emanating from the wrap materials." 35

A person who wishes to practice as a hair braider, hair wrapper, or body wrapper must: 36
• be at least 16 years old;
• register with DBPR and pay the $25 registration fee; and
• for hair braiders, take a two-day board-approved 16-hour course that consists of:
o 5 hours on HIV/AIDS and other communicable diseases,
o 5 hours on sanitation and sterilization,
o 4 hours on disorders and diseases of the scalp, and
o 2 hours on studies regarding laws affecting hair braiding;
• for hair wrappers, take a one-day board-approved 6-hour course that consists of education in:
o HIV/AIDS and other communicable diseases,
o sanitation and sterilization,
o disorders and diseases of the scalp, and
o studies regarding laws affecting hair wrapping;
• for body wrappers, take a two-day board-approved 12-hour course that consists of education in:
o HIV/AIDS and other communicable diseases,
o sanitation and sterilization,
o disorders and diseases of the skin, and
o studies regarding laws affecting body wrapping. 37

3
°Ch. 61G5-22, F.A.C.
31
Texas currently allows makeup application for compensation without a license. Tex. 0cc. Code Ann § 1602.003(b)(3) ('Nest 2015).
32 DBPR, supra note 13.
33 S. 477.013(9), F.S.
34 S. 477.013(10), F.S.
35
S. 477.013(11), F.S.
36
Described in ss. 477.013 and 477.0132, F.S.
37 Courses for hair braiding, hair wrapping, and body wrapping generally cost between $75 and $250. Examples

include: 1STOPCEU.com, Home, https://www.1stopceu.com/ (last visited Dec. 19, 2019); and JT's Beauty Shop, Inc., Florida State
Certified Courses (Theory), http://www.jtbeautysalon.com/courses.html (last visited Dec. 19, 2019).
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Continuing education is not required of hair braiders, hair wrappers, and body wrappers. 38 Hair braiding,
hair wrapping, and body wrapping are not required to be performed in a licensed salon. 39

There are 4,882 hair braiders, 1,183 hair wrappers, and 6,883 body wrappers. In fiscal year 2018-2019, for
hair braiders, DBPR received 37 complaints and took 13 disciplinary actions; for hair wrappers, DBPR
received 3 complaints and took 2 disciplinary actions; and for body wrappers, DBPR received 4 complaints
and took no disciplinary actions. 40 These actions generally do not involve consumer injury, but are technical
scope of practice violations (e.g., practicing with an expired license or failing to timely renew the license). 41

Cosmetology Salons

In Florida, cosmetology and specialty salons must be licensed. 42 Such salons are inspected periodically by
DBPR, in accordance with sanitary standards set forth by the Board of Cosmetology. 43

Generally, all cosmetology services must be performed in a licensed cosmetology or specialty salon and be
performed by a properly licensed professional. 44 However, there are limited exceptions that allow certain
services to be performed outside of a salon. Exceptions to this requirement include when services are
performed for: 45
• a special event46 by a properly licensed person who is employed by a licensed salon.
o Arrangements for the performance of such cosmetology services must be made through a
licensed salon.
• a client for reasons of ill health is unable to go to a licensed salon.
o Arrangements for the performance of such cosmetology services must be made through a
licensed salon.
• the motion picture, fashion photography, theatrical, or television industry; a photography studio
salon; a manufacturer trade show demonstration; or an educational seminar.

Effect of the Bill

The bill reduces the amount of training hours required for specialty registrations to:
• 150 hours from 240 hours for nail specialists,
• 165 hours from 260 hours for facial specialists, and
• 300 hours from 500 hours for full specialists.

The bill requires that such training hours focus on sanitation and safety.

The bill removes all licensure and regulatory requirements 47 for:
• hair braiders,
• hair wrappers,
• body wrappers,
• nail polishers or painters, and
• makeup applicators.

38
S. 477.019(7)(b), F.S.
39
S. 477.0132(2), F.S.
40
Email from Colton Madill, Deputy Legislative Affairs Director, Florida Department of Business and Professional Regulation, RE:
License Numbers (Mar. 16, 2019).
41
Florida Department of Business and Professional Regulation, Agency Analysis of 2017 Senate Bill 802, 4 (March 2, 2017).
42 S. 477.025(1), F.S.
43
S. 477.025(9), F.S.; Ch. 61G5-20, F.A.C.
44 S. 477.0263(1), F.S.
45
S. 477.0263(2)-(4), F.S.
46
Defined by board rule as a wedding or fashion shows. R. 61G5-20.0015(1), F.A.C.
47
The bill also makes conforming changes to cross-references.
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The bill expands the scope of hair braiding to include weaving or interweaving commercial hair without the
use of adhesives or bonders and the ability to use extensions or wefts, which will also be allowed to be
performed without a license.

The bill reduces the amount of biennial continuing education required of cosmetologists and specialists for
license renewal from 16 hours to 10 hours.

The bill also removes the requirement that a licensed cosmetologist must work through a salon for special
events, thus allowing cosmetology services to be performed in connection with a special event by a
licensed professional who is not employed by a licensed salon. It also removes the requirement that an
appointment for a special event must be made through a licensed salon.

The bill allows hair shampooing, hair cutting, hair arranging, nail polish removal, nail filing, nail buffing, and
nail cleansing to be performed outside of a salon by a properly licensed professional who is not employed
by a licensed salon, regardless of whether the service is in connection with a special event.

The bill allows full license reciprocity in Florida for applicants who hold a cosmetology or specialty license
in another state.

Auctioneers and Auctioneer Apprentices

Background

Auction businesses, auctioneers, and apprentice auctioneers are licensed and regulated in accordance
with part VI of ch. 468, F.S., and by the Florida Board of Auctioneers within DBPR.

A license is required before any person can auction or offer to auction any property in this state, and the
auctioneer practice act applies to all auctions in the state, with certain exceptions. 48

In order to qualify for licensure as an auctioneer, an applicant must:
• be 18 years or older;
• not have committed any act or offense in the state or any other jurisdiction which would constitute a
basis for disciplinary action in Florida;
• have held an apprentice license and have served as an apprentice for 1 year or more, or have
completed a course of study, consisting of not less than 80 classroom hours of instruction, that
meets standards adopted by the board; and
• pass the required examination.

At the time of application, applicants for an auctioneer license must pay an initial licensing fee of $205. The
biennial renewal fee is $155. 49

An auctioneer may be disciplined or have a civil action brought against them by DBPR for one of the
following violations: 50
• violating any trade or commerce law;
• misrepresenting property for sale at auction;
• failing to return money or property within 30 days of control of such money or property;
• false, deceptive, misleading, or untruthful advertising;
• bad faith or dishonesty in a sales transaction;
• using false bidders, cappers, or shills;
• comingling auction monies with personal money;
• refusing or neglecting to pay public moneys into the State Treasury when prescribed by law; and

4a S. 468.385(2), 383, F.S.
49 DBPR, supra note 13.

so S. 468.389, F.S.
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• other violations of the practice act.

An auctioneer commits a third degree felony for certain violations of the practice act, including: 51
• failing to return money or property within 30 days of control of such money or property;
• bad faith or dishonesty in a sales transaction;
• using false bidders, cappers, or shills;
• comingling auction monies with personal money; and
• refusing or neglecting to pay the public moneys into the State Treasury when prescribed by law.

There is no continuing education requirement for auctioneers or auctioneer apprentices.

An 'auction business' is a "sole proprietorship, partnership, or corporation which in the regular course of
business arranges, manages, sponsors, advertises, promotes, or carries out auctions, employs auctioneers
to conduct auctions in its facilities, or uses or allows the use of its facilities for auctions." 52

Currently, there are 2,611 licensed auctioneers and 41 auctioneer apprentices. In fiscal year 2018-2019,
DBPR received 90 complaints against auctioneers, and issued 24 disciplinary orders. There was only 1
disciplinary action against an auctioneer apprentice. 53 ·

Effect of the Bill

The bill repeals all provisions which require auctioneers, auctioneer apprentices, and auctioneer
businesses to be licensed and regulated by DBPR.

The bill maintains current law related to civil and criminal causes of action against auctioneers for failing to
comply with statutory requirements.

Talent Agencies

Background

Talent agencies are regulated by part VII of ch. 468, F.S. A talent agency is defined as "[a]ny person who,
for compensation, engages in the occupation or business of procuring or attempting to procure
engagements for an artist." 54 Individuals are prohibited from owning, operating, soliciting business, or
otherwise engaging in or carrying on the occupation of a talent agency in this state unless the person first
obtains licensure for the talent agency. 55

To qualify for a talent agency license, each owner and operator must be of good moral character and
identify financial interests in any other business of like nature. 56 For a determination of good moral
character, each application must include a full set of fingerprints of each owner and operator, and if the
talent agency is a corporation, each principal officer, so that DBPR may conduct a full fingerprint and police
records search. 57

At the time of application, applicants for a talent agency license must pay an initial licensing fee of $705.
The biennial renewal fee is $405. 58

51
S. 468.391, F.S.
52
S. 468.382(1), F.S.
53
DBPR, supra note 13.
54 S. 468.401, F.S.
55
S. 468.403(1), F.S.
56 S. 468.405, F.S.
57 S. 467.403(3), F.S.
58 DBPR, supra note 13.
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Licensed talent agencies are required to: 59
• File an itemized schedule of maximum fees, charges, and commissions;
• Pay to the artist all money collected from an employer for the benefit of an artist within five business
days after receipt of the money;
• Display a copy of the license conspicuously in the place of business;
• File a bond with DBPR in the form of a surety for the penal sum of $5,000, which may be drawn
upon if a person is aggrieved by the misconduct of the talent agency;
• Maintain records including the application, registration, or contract of each artist;
• Provide a copy of the contract to the artist within 24 hours of the contract's execution; and
• Comply with talent agency regulations and prohibitions.

Licensed talent agencies are prohibited from: 60
• Charging the artist a registration fee;
• Requiring the artist to subscribe to, purchase, or attend any publication, postcard service,
advertisement, resume service, photography service, school, acting school, workshop, or acting
workshop; and
• Sexual misconduct.

Section 468.413, F.S., provides criminal penalties for:
• Operating a talent agency without a license;
• Obtaining a license through misrepresentation;
• Assigning a license to another individual;
• Relocating a talent agency without notifying the DBPR;
• Failing to provide information on an application regarding related businesses;
• Failing to maintain records;
• Requiring an artist to subscribe to, purchase, or attend any publication, postcard service,
advertisement, resume service, photography service, school, acting school, workshop, or acting
workshop;
• Failing to provide a copy of the contract to an artist;
• Failing to maintain a record sheet; and
• Knowingly sending an artist to an employer the licensee knows to be in violation of the laws of
Florida or of the United States.

For 2018-2019 Fiscal Year, there were 418 talent agents in the state. DBPR received 58 complaints
against talent agents, and did not take any disciplinary actions against talent agents. 61

Effect of the Bill

The bill repeals all provisions which require talent agents to be licensed and regulated by DBPR. However,
talent agent will still be required to maintain a bond.

The bill still requires talent agents to comply with the following requirements:
• Fee posting;
• Schedule posting;
• Maintenance of specific records;
• Obtaining a bond; and
• Contract provisions and availability.

59
Ss. 468.406, 410, F.S.
60 S. 468.410, F.S.
61
DBPR, supra note 16.
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The bill requires bonding agencies to refuse to issue talent agency bonds to a talent agency if any of its
owners or operators have been convicted of sexual offender or sexual predator crimes. The bill also
requires that a criminal history check be performed prior to issuing or renewing the bond.

The bill maintains civil and criminal causes of action against talent agents for failure to comply with
statutory requirements.

Interior Designers

Background

Interior designers and related business organizations are regulated by part I of ch. 481, F.S., and by the
Board of Architecture and Interior Design.

Generally, 'interior design' means "designs, consultations, studies, drawings, specifications, and
administration of design construction contracts relating to nonstructural interior elements62 of a
[commercial] building or structure." 63 Interior designers have the ability to sign, date, and seal drawings
("sign and seal"), plans, specifications, and reports filed for public record and for filings with local building
departments to obtain a building permit related to interior design. 64

'Interior decorating,' which is differentiated from 'interior design' under Florida law and does not require a
license, is limited to the selection or assistance in selection of surface materials, window treatments,
wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose
furnishings not subject to regulation under applicable building codes.

Licensure

To practice interior design, an applicant must:
• Complete the licensure application and pay a $30 fee, 65
• Have a combination of 6 years of relevant education and experience (which must include at least 2
years of education), and
• Pass the licensure examination.

The required examination in Florida is a 3-part national examination administered by the National Council
for Interior Design Qualification (NCIDQ), at a cost of $1,325, including the application fee. 66 Requirements
to sit for the NCIDQ, including education and experience requirements, mirror Florida's licensure
prerequisites. 67

Interior designers must complete 20 hours of continuing education each biennium to renew their license. 68

The biennial renewal fee for an interior designer is $100. 69

Business entities or persons operating under fictitious names offering interior design services must also
obtain a certificate of authorization. At least one principal officer or partner and all personnel who act on the

62
"Nonstructural element" means an element which does not require structural bracing and which is something other than a load-
bearing wall, load-bearing column, or other load-bearing element of a building or structure which is essential to the structural integrity of
the building. S. 481.203(10), F.S.
63 S. 481.203(8), F.S.
64 S. 481.221, F.S.
65
R. 61G1-17.002, F.A.C.
66 Council for Interior Design Qualification, Fees and Forms, https://www.cidg.org/fees (last visited Dec. 19, 2019).
67
Council for Interior Design Qualification, Eligibility Requirements, https://www.cidq.org/paths (last visited Dec. 19, 2019).
68 R. 61G1-21.001, F.A.C.
69
DBPR, supra note 13.
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business entity's behalf in the state must be registered interior designers. The initial license fee for a
certificate of authorization is $75 and the biennial renewal fee is $100. 70

Exemptions

Florida law exempts the practice of residential interior design from licensure requirements. 71 However, s.
481.223(1)(c), F.S., prohibits any unlicensed actor from ever using the title 'interior designer' or words to
that effect. In 2010, this provision was found to be an unconstitutional restriction on free speech based on
the exemption for residential interior design. 72 Other constitutional challenges of licensure requirements
based on claims of limitations on P 1 amendment free speech, 73 interstate commerce, 74 and violations of
due process and equal protection, have not been successful. 75

Other unlicensed individuals are also exempted from licensure requirements, including interior decorators,
employees of retail establishments providing interior decorator services 76 on the premises of the retail
establishment or in the furtherance of a retail sale or prospective retail sale, and a manufacturer of
commercial food service equipment who prepares designs, specifications, or layouts for the sale or
installation of such equipment. 77

Other States

Florida is one of 6 U.S. states or territories requiring interior designers to be licensed. Approximately 20
other states offer title acts, allowing only candidates meeting statutory requirements to hold themselves out
as 'registered interior designers.' 78

For 2018-2019 Fiscal Year, there were 2,831 licensed interior designers and 978 interior design business
licenses. DBPR received 3 complaints against interior designers, and took 5 disciplinary actions. There
was 1 disciplinary action against an interior design business. 79

Effect of the Bill

The bill repeals all licensure and regulatory requirements for interior designers and interior design
businesses. 80

The bill allows interior designers who have passed the NCIDQ examination or the California Council for
Interior Design Certification, or have previously held a license to practice interior design from DBPR, to
submit plans for interior design to a local permitting agency if such agency requires such plans.

The bill changes the name of the Board of Architecture and Interior Design to the Board of Architecture,
and removes the interior design members from the board to reflect the deregulation of interior design.

10 R. 61G1-17.002, F.A.C.
11 S. 481.229(6)(a), F.S.
72 Locke v. Shore, 682 F.Supp.2d 1283, 1295 (N.D.Fla., 2010).
73 Locke v. Shore, 634 F.3d 1185, 1191 (11th Cir. 2011)("Because the license requirement governs 'occupational conduct, and not a

substantial amount of protected speech,' it does not implicate constitutionally protected activity under the First Amendment.").
74 Id. at 1193 ("Out-of-state unlicensed interior designers may practice in commercial settings in Florida 'under the instruction, control or

supervision' of a licensed architect or while 'acting as a contractor in the execution of work designed by an architect.").
75 Id. at 1196 ("Thus, the fact that, after Florida passed its license requirement, other states have considered and rejected the notion

that the unlicensed practice of interior design poses safety concerns, is of no consequence.").
76 S. 481.203(15), F.S. Services limited to the selection or assistance in selection of surface materials, window treatments,

wallcoverings, paint, floor coverings, surface-mounted lighting, surface-mounted fixtures, and loose furnishings are not subject to
regulation under applicable building codes.
77 S. 481.229(6), F.S.
78 International Interior Design Association, Interior Design Laws, http://advocacy.iida.org/#interiordesignlaws (last visited Dec. 19,

2019).
79
DBPR, supra note 16.
80 The bill also makes conforming changes to cross-references.
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Architecture

Background

Architects and related business organizations in the state are regulated by ch. 481, pt. I, F.S., and by the
Board of Architecture and Interior Design.

"Architecture services" means the rendering or offering to render services in connection with the design
and construction of a structure or group of structures which have as their principal purpose human
habitation or use, and the utilization of space within and surrounding such structures. These services
include planning, providing preliminary study designs, drawings and specifications, job-site inspection, and
administration of construction contracts. 81

To practice architecture, an applicant must: 82
• Complete the licensure application and pay a $35 fee, 83
• Complete a bachelor's or master's degree from an accredited architecture program,
• Complete the national architectural experience program, which takes approximately 2 years, and
• Pass the national licensure examination given by the National Council of Architectural Registration
Boards.

An architecture business corporation, limited liability company, or partnership offering architecture services
to the public must obtain a certificate of authorization. 84 One or more of the principal officers of the
corporation or limited liability company, or one or more partners of the partnership, must be a licensed
architect. Applicants for an architecture business certificate of authorization must pay an application fee of
$35. The biennial renewal fee is $100. 85 There is no requirement on the business entity other than to obtain
licensure and there are no inspection requirements.

Architects must complete 24 hours of continuing education every 2 years. Of those hours, 2 must be
devoted to specialized or advanced courses on the Florida Building Code. 86

For 2018-2019 Fiscal Year, there were 11,357 architects and 3,026 architecture businesses in the state.
DBPR received 42 complaints against architects, and took 36 disciplinary actions. 87 DBPR received 15
complaints against architecture businesses, and took 3 disciplinary actions.

Effect of the Bill

The bill removes the requirement that architects obtain a separate business license (certificate of
authorization), but continues to allow architecture firms to operate in the state. The bill provides that a
licensed architect may qualify their architect business, and agree to serve as a qualifying architect for such
business. The qualifying agent must ensure responsible supervisory control of all projects of the business
organization.

If an architect leaves or otherwise changes their relationship with the business, he or she must inform the
Board of Architecture of such within 30 days. If the departing architect was the only qualifier, the
architecture business will need a replacement qualifying architect within 60 days to continue to operate.

The bill removes the requirement that a portion of continuing education courses must be devoted to the
Florida Building Code.

81 S. 481.206(6), F.S.
82 Ss. 481.209, 481.211, and 481.213, F.S.

03 R. 61G1-17.002, F.A.C.
84 S. 481.219(2)-(3), F.S.
0s Rr. 61G1-17.001, 17.002, F.A.C.
86 S. 481.215(5), F.S.; R. 61G1-24.001, F.A.C.

07 DBPR, supra note 13.
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Professional Engineers

Background

The practice of engineering is regulated by ch. 471, F.S., and by the Florida Board of Professional
Engineers (FBPE). Unlike most DBPR professions, the administrative, investigative, and prosecutorial
services for FBPE are not provided by DBPR. DBPR contracts with Florida Engineers Management
Corporation (FEMC), a non-profit corporation, to provide such services.BB

In order to be licensed as a professional engineer, a person must successfully pass two examinations:B 9
• the fundamentals examination, and
• then, the principles and practices examination.

Prior to being permitted to sit for the fundamentals examination, an applicant is required to have graduated
from an approved engineering curriculum of 4 years or more in a FBPE approved school, college, or
university, and have a record of 4 years of active engineering experience. 90

A person who is licensed in another state is eligible for a professional engineering license by endorsement
in Florida if they: 91
• have graduated from an FBPE-approved engineering program, have passed a licensing
examination that is substantially equivalent to the fundamentals examination and principles and
practice examination, and have satisfied the experience requirements; or
• hold a valid license to practice engineering issued by another state or territory of the United States,
if the criteria for issuance of the license were substantially the same as the licensure criteria that
existed in this state at the time the license was issued.

FBPE deems that an applicant who seeks licensure by endorsement has passed an examination
substantially equivalent to the fundamentals examination when such applicant has held a valid professional
engineer's license in another state for 15 years and has had 20 years of continuous professional-level
engineering experience. 92

FBPE also deems that an applicant who seeks licensure by endorsement has passed an examination
substantially equivalent to the fundamentals examination and the principles and practices examination
when such applicant has held a valid professional engineer's license in another state for 25 years and has
had 30 years of continuous professional-level engineering experience. 93

For 2018-2019 Fiscal Year, there were 36,526 professional engineers. FBPE received 195 complaints
against professional engineers, and took 92 disciplinary actions. The initial licensing fee is $230, and the
biennial renewal fee is $98.75. 94

Effect the Bill

The bill reduces the number of years that a professional engineer must be licensed in another jurisdiction in
order to be deemed to have passed the licensure examinations for a license by endorsement. If such
applicant has been licensed in another jurisdiction for:
• 10 years, they are deemed to have passed the fundamentals examination;

88 S. 471.038(3), F.S.
89
S. 471.013, F.S.
90 Id.
91 S. 471.015(3), F.S.
92 S. 471.015(5), F.S.
93 Id.
94
Florida Engineers Management Corporation, 2019 Annual Report, 2, https://fbpe.org/wp-contenVuploads/2019/09/2018-19-FEMC-
Annual-Report.pdf (last visited Jan. 9, 2020); DBPR, supra note 13.
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• 15 years, they are deemed to have passed both the fundamental examination and the principles
and practices examination.

Landscape Architecture

Background

Landscape architects and related business organizations are regulated by ch. 481, pt. II, F.S., and by the
Board of Landscape Architecture (BLA).

"Landscape architecture services" means consultation for and preparation of planting plans drawn for
compensation, including specifications and installation details for plant materials, soil amendments,
mulches, edging, gravel, and other similar materials. 95

In order to be licensed as a landscape architect, a person must:
• complete:
o a landscape architecture degree program approved by the Landscape Architectural
Accreditation Board (LAAB), or
o 6 years of practical experience, with some credit available for education credits; 96
• pass the nationally recognized Landscape Architecture Registration Examination (LARE); 97 and
• have 1 year of practical experience, not including any experience used to qualify to take the
examination. 98

For 2018-2019 Fiscal Year, there were 1,627 landscape architects. DBPR received 39 complaints against
landscape architects, and did not take any disciplinary actions. The initial licensing fee is $230, and the
biennial renewal fee is $230. 99

A person who is licensed in another state is eligible for a landscape architecture license by endorsement in
Florida if they: 100
• have graduated from an approved program or have 6 years of related experience, have an
additional year of practical experience, and have passed a licensing examination which is
substantially equivalent to the LARE; or
• hold a valid license to practice landscape architecture issued by another state or territory of the
United States, if the criteria for issuance of such license were substantially identical to the
licensure criteria which existed in this state at the time the license was issued.

If an applicant for a license by endorsement has been licensed for at least 5 years in another jurisdiction
without disciplinary history, such applicant does not have to complete the additional year of practical
experience. 101

A landscape architecture corporation or partnership may offer landscape architecture services if:
• one or more of the principles of the corporation, or partners in the partnership, is a licensed
landscape architect; and
• the corporation or partnership has been issued a certificate of authorization by the board. 102

95
S. 481.303(7), F.S.
96
S. 481.309(1)(b), F.S.
97 R. 61810-11.001, F.A.C.
98
S. 481.310, F.S.
99
DBPR, supra notes 13 and 16.
100
S. 481.311(3), F.S.
101 R. 61G10-11.004(2)(e), F.A.C.
102 S. 481.319(1), F.S.
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Applicants for a landscape architecture business certificate of authorization must pay an application fee
and initial licensure fee of $455 and a biennial renewal fee of $342.50. 103 Currently, there are 358
landscape architecture businesses. 104

Continuing Education

Landscape architects must complete 16 hours of continuing education every 2 years. Continuing education
courses and providers must be approved by the BLA. 105

For continuing education provider approval, the BLA requires that the applicant must be professionally
associated with the practice or education of landscape architecture, and that the applicant submit certain
identifying information about their organization. Certain organizations, such as the American Society of
Landscape Architects (ASLA), Florida Department of Transportation, and state colleges and universities in
Florida, are deemed approved providers. 106

BLA currently individually approves each continuing education course. For continuing education course
approval, the BLA requires: 107
• a description of the subject or subjects to be covered;
• an outline of the course which includes the subjects, topics, and subtopics to be presented;
• a current bibliography;
• the names of each proposed instructor and alternate instructor with his or her resume;
• the total hours of instruction which will be given; and
• if the course is to be delivered by distanced learning, the means by which the course will
demonstrate student involvement, and addresses comprehension of content at regular intervals.

The Landscape Architecture Continuing Education System (LACES) is a collaboration of several national
landscape architecture organizations, including the ASLA and LAAB, which establishes, maintains, and
enforces standards for evaluating professional development and continuing education programs for
landscape architects. LACES approves and registers landscape architecture courses that cover a broad
range of subject matter, including health, safety, and welfare. 108 Florida does not currently allow licensees
to obtain credit through this system for courses that have not been independently approved by BLA. 109

Effect of the Bill

The bill provides that an applicant who holds both a bachelor's degree of landscape architecture and a
master's degree of landscape architecture does not have to demonstrate 1 year of practical experience in
landscape architecture to qualify for licensure.

The bill provides that a person licensed in another state is also eligible for a license by endorsement in
Florida if they have:
• held a valid license to practice landscape architecture in another state or territory of the United
States for at least 10 years before the date of application,
• successfully completed an examination that is equivalent to or more stringent than the LARE, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.

103 R. 61G10-12.002, F.A.C.
104 DBPR, supra note 13.
1os Ss. 455.2179(1 ), 481.313(3),(4), F.S.

1oe R. 61G10-18.002, F.A.C.
101 R. 61G10-18.006, F.A.C.
108
Landscape Architecture Continuing Education System, About Us, https://laces.asla.org/AboutUs.aspx (last visited Dec. 19, 2019).
109 Landscape Architecture Continuing Education System, Find Your State Licensure Laws & Boards,

https://www.asla.org/StateGovtAffairsLicensure.aspx (last visited Dec. 19, 2019).
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The bill also provides that an applicant who has met the requirements to be qualified for a license by
endorsement except for successful completion of an examination that is equivalent to or more stringent
than the LARE examination may take the LARE without completing additional education requirements.

The bill removes the requirement that landscape architecture businesses obtain a separate license to
operate, while still continuing to allow such businesses to operate in the state. Instead, a licensed
landscape architect must apply to qualify the business organization as a qualifying agent in order to
engage in the practice of landscape architecture as a business organization.The qualifying agent must
provide notice to DBPR within one month of any change in the information contained in the license
application.

The bill allows landscape architects to receive hour-for-hour continuing education credit for attending
courses that relate to and increase the basic knowledge of landscape architecture as determined by the
BLA, offered through LACES, or any other nationally recognized clearinghouse for continuing education,
without separate course and provider approval. The landscape architect must submit the syllabus or outline
for the course, and proof of attendance of the course, to the BLA to receive credit.

Geology

Background

Geology is regulated by ch. 492, F.S., and by the Board of Professional Geologists. The practice of
geology in Florida includes the performance of, or offering to perform, geological services, including, but
not limited to, consultation, investigation, evaluation, planning, and geologic mapping. 110

In order for a person with a license in another state to be eligible for a license by endorsement in Florida,
an applicant must: 111
• be at least 18 years of age;
• not have committed any act or offense which would constitute the basis for disciplining a Florida
professional geologist;
• have graduated with a degree in geology, or other degree acceptable to the board with at least 30
semester hours or 45 quarter hours of geological coursework;
• have at least 5 years of professional geological work experience;
• have an active license in good standing in a jurisdiction of the United States;
• have passed an examination which has been approved by the board as substantially equivalent to
or more stringent than that of Florida; and
• have successfully passed the laws and rules examination.

However, DBPR may not issue a license to any applicant who is under investigation in any jurisdiction for
an offense which would constitute a violation of the practice act.

For 2018-2019 Fiscal Year, there were 2,213 geologists. DBPR received 2 complaints against geologists,
and did not take any disciplinary actions. The initial licensing fee is $500, and the biennial renewal fee is
$125.112

A firm, corporation, or partnership may offer geology services to the public if:
• the entity has on file the name and license number of its affiliated licensed geologists;
• the entity has been issued a certification of authorization by DBPR;
• all final geological documents prepared or approved for the use of the entity shall be dated and
signed and sealed by the licensed geologist;
• the entity is not relieved of personal liability due to a licensed geologist practicing at the entity;

110
S. 492.102(7), F.S.
111
S. 492.108, F.S.
112
DBPR, supra note 13.
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• the entity files an application with DBPR. 113

Any change in the business operating relationship between the business organization and the qualifying
geologist must be reported to DBPR within 30 days.

Applicants for a geology business certificate of authorization must pay an application fee of $350 and a
biennial renewal fee of $350. 114

Effect of the Bill

The bill allows a person licensed in another state to also qualify for a license by endorsement in Florida if
they have:
• held a valid license to practice geology in another state, trust, territory, or possession of the United
States for at least 10 years before the date of application,
• successfully completed a state, regional, national, or other examination that is equivalent to or more
stringent than the Florida examination, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.

If such applicant has met the requirements for a license by endorsement except successful completion of
an examination that is equivalent to or more stringent than the examination required by the board, such
applicant may take the examination required by the board.

The bill removes the requirement that geology businesses obtain a separate license to operate, while
continuing to allow such organizations to continue to operate in the state. Instead, a licensed geologist
must apply to qualify the business organization as a qualifying agent if he or she proposes to engage in the
practice of geology as a firm, corporation, or partnership. A qualifying agent is required to update DBPR of
any changes in the relationship between himself or herself and the business organization within 30 days.

Asbestos Abatement Business Organization

Background

Asbestos consultants and contractors are regulated by ch. 469, F.S. Asbestos abatement means the
removal, encapsulation, enclosure, or disposal of asbestos. 115

An asbestos consultant may:
• conduct an asbestos survey,
• develop an operation and maintenance plan,
• monitor and evaluate asbestos abatement, and
• prepare asbestos abetment specifications. 116

An asbestos contractor may perform the work of an asbestos consultant and also conduct asbestos
abatement work. 117

For 2018-2019 Fiscal Year, there were 453 asbestos professionals in the state. DBPR received 6
complaints against asbestos professionals, and did not take any disciplinary actions. The initial licensing
fee is $250, and the biennial renewal fee is $155. 118

113 S. 481.319(1), F.S.

114 R. 61G10-12.002, F.A.C.
115
S. 469.001(1), F.S.
116
S. 469.003, F.S.
117 S. 469.003(3), F.S.
11
s DBPR, supra note 13.
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If an asbestos consultant or contractor practices through a business organization, the business
organization must be licensed as an asbestos abatement business. Each licensed business organization
must have a qualifying agent that is licensed under ch. 469, F.S. If the qualifying agent terminates his or
her affiliation with the business organization and is the only qualifying agent for the business organization,
another qualifying agent must qualify the business organization within 60 days after the termination, and
may not engage in the practice of asbestos abatement until it is qualified. 119

Applicants for an asbestos abatement business license pay an application fee of $300, an initial licensure
°
fee of $250. The biennial renewal fee is $255. 12 For 2018-2019 Fiscal Year, DBPR received no complaints
against asbestos abatement businesses, and did not take any disciplinary actions. 121

Effect of the Bill

The bill removes the requirement for asbestos abatement licensees to obtain a separate license for an
asbestos abatement business organization. Instead, if an applicant wants to practice under a firm offering
asbestos abatement services, the qualifying agent must apply and have the license issued in his or her
name, and the business organization name must be noted on the license. The qualifying agent must still be
a licensed asbestos abatement professional, and must prove they are qualified to supervise and are
financially responsible.

The bill does not amend the responsibilities of licensees under ch. 469, F.S., or otherwise effect the
obligations of asbestos abatement consultants or contractors.

Veterinary Medicine

Background

Veterinary medical practice is regulated by ch. 474, F.S., and by the Board of Veterinary Medicine. 122

A veterinarian is a health practitioner licensed by the board to engage in the practice of veterinary medicine
in Florida, 123 which is the diagnosis of medical conditions of animals, and the prescribing or administering
of medicine and treatment to animals for the prevention, cure, or relief of a wound, fracture, bodily injury, or
disease, or holding oneself out as performing any of these functions. 124

To become a licensed veterinarian, an applicant must have:
• graduated from a college of veterinary medicine accredited by the American Veterinary Medical
Association Council on Education (AVMAE); or from a college of veterinary medicine listed in the
American Veterinary Medical Association Roster of Veterinary Colleges of the World (AVMARVC)
and obtained a certificate from the Education Commission for Foreign Veterinary Graduates;
• successfully completed the North American Veterinary Licensing Examination (NAVLE), or an
examination determined by the board to be equivalent; and
• successfully completed an examination of the laws and rules governing the practice of veterinary
medicine in Florida. 125

119 S. 469.006, F.S.
120 R. 61E1-3.001, F.A.C.

12 1 DBPR, supra note 13.
122 See ss. 474.204 through 474.2125, F.S., concerning the powers and duties of the board.

123 Sees. 474.202(11), F.S.
124 Sees. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of

any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
12s R. 61G18-11.002, F.A.C.
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For 2018-2019 Fiscal Year, there were 11,522 veterinarians. DBPR received 447 complaints against
veterinarians, and took 79 disciplinary actions. The initial licensing fee is $100, and the biennial renewal fee
is $265. 126

The Program for the Assessment of Veterinary Education Equivalence (PAVE) is a common alternative
pathway for graduates of international, non-accredited programs to practice in the United States. PAVE
evaluates such programs on behalf of participating American Association of Veterinary State Boards. 127

A person who is licensed in another state or country is eligible for a license by endorsement in Florida if
they:12s
• successfully complete an examination of the laws and rules governing the practice of veterinary
medicine in Florida; and
• either:
o hold a valid license to practice veterinary medicine in another jurisdiction of the United
States for the 3 years immediately preceding the application for licensure, provided that the
requirements for licensure are equivalent to or more stringent than a Florida license; or
o have graduated from an AVMAE or AVMARVC program and have successfully completed
an examination which is equivalent to or more stringent than the NAVLE.

DBPR may not issue a license by endorsement to any applicant who is under investigation in any state,
territory, or the District of Columbia for an act which would constitute a violation of the practice act until the
investigation is complete and disciplinary proceedings have been terminated. 129

A "limited-service veterinary medical practice" means offering or providing limited types of veterinary
services for a limited time at any location that has a primary purpose other than providing veterinary
medical service at a permanent or mobile establishment. Such practice must provide veterinary medical
services for privately owned animals that do not reside at that location. 130 Such practice must obtain a
permit and must register each location where a limited service clinic is held. A licensed veterinarian must
supervise the limited practice. 131

The board establishes minimum standards for the operation of limited service veterinary medical
practices. 132 The board has authorized by rule such practices to perform microchipping, 133 vaccinations,
immunizations, and parasitic control. 134

Employees, agents, or contractors of animal shelters, humane organizations, or animal control agencies
operated by a humane organization or by a county, municipality, or other incorporated political subdivision,
may not perform microchipping procedures on cats and dogs unless they are a veterinarian or a
veterinarian is supervising the procedure. 135

Effect of the Bill

The bill allows graduates of a veterinary medicine program recognized by the PAVE to be eligible for
licensure as a veterinarian.

126
DBPR, supra notes 13 and 16.
127
American Association of Veterinary State Boards, International Pathways, https://www.aavsb.org/pave/ (last visited Mar. 14, 2019).
128
S. 474.217(1), F.S.
129
S. 474.217(2), F.S.
130
S. 474.202(6), F.S.
13 1 S. 474.215(7)-(8), F.S.
132
S. 474.215(7), F.S.
133
A microchip is a small, electronic chip enclosed in a glass cylinder which is injected under the skin of a pet. When a chip is scanned,
it transmits the pet's identification number, which is used in the manufacturer's microchip registry to find the owner. American Veterinary
Medical Association, Microchipping of Animals FAQ, https://www.avma.org/microchipping-animals-fag (last visited Dec. 19, 2019).
134 R. 61G18-15.007(1), F.A.C.
135 Ss. 474.202(5), 823.15, F.S.
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The bill codifies the current board rule allowing limited service veterinary practices to perform
microchipping, vaccinations, immunizations, and parasitic control. The bill also allows employees, agents,
or contractors of animal shelters, humane organizations, or animal control agencies operated by a humane
organization or by a county, municipality, or other incorporated political subdivision to perform
microchipping services on cats and dogs without veterinarian supervision.

The bill allows applicants for a license by endorsement who have been licensed in a jurisdiction of the
United States for 3 years to also be eligible for licensure in Florida as long as they have completed a
licensing examination that is equivalent to or more stringent than the NAVLE.

Construction Contractors

Background

Construction contractors are regulated by part I of ch. 489, F.S., and by the Construction Industry Licensing
Board (GILB).

In order to become a construction contractor, an applicant must meet the following criteria: 136
• be of good moral character;
• be at least 18 years of age;
• successfully pass the certification examination; and
• meet eligibility requirements according to a combination of education and experience as approved
by the board, which must include at least 1 year of related experience.

For 2018-2019 Fiscal Year, there were 90,536 construction contractors. DBPR received 8,873 complaints
against construction contractors, and took 1,323 disciplinary actions. The initial licensing fee is $245, and
the biennial renewal fee is $205. 137

By GILB rule, when an applicant passes an examination and wishes to use those test scores for a license
upgrade or a different license type, such passage is only valid for 4 years. 138

A person who is licensed in another state is eligible for a license by endorsement in Florida if the: 139
• criteria for issuance of such license were substantially equivalent to Florida's current certification
criteria; or
• state or territory has entered into a reciprocal agreement with the board for the recognition of
contractor licenses issued in that state, based on criteria for the issuance of such licenses that are
substantially equivalent to the criteria for certification in this state.

An unlicensed person may perform work that falls under the scope of contracting if it is casual, minor, or
inconsequential in nature, and the aggregate contract price for all labor and materials is less than $1,000,
subject to certain requirements. This is generally called the "handyman exception." The "handyman
exception" was enacted in 1979 and the amount for the exception has not been increased since. 140

DBPR's umbrella chapter, ch. 455, F.S., allows DBPR or a board thereunder to deny a license based on
applicant's license disciplinary history in any jurisdiction. 141

Effect of the Bill

136 S. 489.111 (2)(c)1.-3., F.S.
137
DBPR, supra notes 13 and 16.
138
R. 61G4-16.005, F.A.C.
139
S.489.115(3), F.S.
140
S. 489.103(9), F.S.
141
S. 455.227(1)(f), F.S.
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The bill clarifies that a licensure examination passage does not expire and may be used at any time to
qualify for another license type.

The bill allows an applicant for a license by examination who has a 4 year building construction degree, or
another degree approved by the CILB, to be deemed to have passed the licensure examination.

The bill allows an applicant to also qualify for a license by endorsement if they have:
• held a valid license to practice the same type of construction contracting in another state or territory
for at least 10 years before the date of application,
• complied with workers' compensation requirements, shown proof of financial health of their
business organization, and submitted fingerprints, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.

The bill expressly states that the CILB may evaluate an applicant's prior licensure disciplinary history when
making a decision to grant a license by endorsement.

The bill increases the maximum for the "handyman exception" to $2,500, from less than $1,000.

Electrical Contractors

Background

Electrical and alarm system contractors are regulated by part II of ch. 489, F.S., and by the Electrical
Contractor Licensing Board (ECLB).

In order to become an electrical contractor or alarm system contractor, a person must submit an application
to DBPR and meet the following criteria:
• be at least 18 years of age,
• be of good moral character,
• successfully pass the certification examination, and
• meet eligibility requirements according to a combination of education and experience as approved
by the board. 142

For 2018-2019 Fiscal Year, there were 14,058 electrical contractors. DBPR received 870 complaints
against electrical contractors, and took 248 disciplinary actions. The initial licensing fee is $300, and the
biennial renewal fee is $300. 143

Electrical contractors and burglar alarm contractors must complete 14 hours of continuing education each
biennium to renew their license. Such continuing education must include at least 7 hours on technical
subjects, 1 hour on workers' compensation, 1 hour on workplace safety, 1 hour on business practices, and
for alarm system contractors and electrical contractors engaged in alarm system contracting, 2 hours on
false alarm prevention. 144

A person who is licensed in another state is eligible for a license by endorsement in Florida if the:
• criteria for issuance of such license was substantially equivalent to Florida's current certification
criteria; or
• state or territory has entered into a reciprocal agreement with the board for the recognition of
contractor licenses issued in that state, based on criteria for the issuance of such licenses that are
substantially equivalent to the criteria for certification in this state.

142 S. 489.511 (1 )(a) and (b), F.S.

143 DBPR, supra notes 13 and 16.
144
S. 489.517(4), F.S.
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Only examinations from North Carolina, California, and Georgia have been found to be substantially similar
to Florida. 145

A "burglar alarm system agent" means a person:
• Who is employed by a licensed alarm system contractor or licensed electrical contractor; and
• Whose specific duties include any of the following activities of alarm system contracting: altering,
installing, maintaining, moving, repairing, replacing, servicing, selling, or monitoring an intrusion or
burglar alarm system for compensation. 146

Before an electrical contractor or alarm system contractor may employ an agent, the agent must complete
a minimum of 14 hours of training from an ECLB approved provider, which includes basic alarm system
electronics in addition to related training including CCTV and access control training, with at least 2 hours
of training in the prevention of false alarms. 147

Effect of the Bill

The bill allows an applicant to also qualify for a license by endorsement if they have:
• held a valid license to practice electrical or alarm system contracting in another state or territory for
at least 10 years before the date of application,
• complied with workers' compensation requirements, shown proof of financial health of their
business organization, and has shown proof of good moral character, and
• made either when the applicant's license in another state or territory is active, or within 2 years of
when such license was last active.

The bill reduces the amount of continuing education required for electrical and alarm system contractors
every 2 years from 14 hours to 7 hours, and reduces the amount of required hours devoted to technical
subjects to 1 hour.

The bill allows burglar alarm system agents to have 90 days to complete their required 14 hour training
course after employment by an electrical or alarm system contractor.

Building Code Administrators, Inspectors, and Plans Examiners

Building officials, inspectors, and plans examiners are regulated by part XII of ch. 468, F.S., and by the
Florida Building Code Administrators and Inspectors Board (BCAIB). 148

A building code administrator, also known as a building official, supervises building code activities,
including plans review, enforcement, and inspection. 149

A building code inspector inspects construction that requires permits to determine compliance with building
codes and state accessibility laws. An inspector's ability to practice is limited to the category or categories
in which the inspector has been certified. The inspector categories are:
• Building inspector,
• Coastal construction inspector,
• Commercial electrical inspector,
• Residential electrical inspector,
• Mechanical inspector,
• Plumbing inspector,
• One and two family dwelling inspector, and

145 Florida Department of Business and Professional Regulation, Reciprocity and Endorsement, 6 (2018).
146
S. 489.505(25), F.S.
147 S. 489.518(1 )(b), F.S.
148 S. 468.605, F.S.
149 S. 468.603(1), F.S.
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• Electrical inspector. 150

A one-and two-family dwelling inspector may inspect and determine that one and two family dwellings and
accessory structures are constructed in accordance with the provisions of the building, plumbing,
mechanical, accessibility, and electrical codes. 151

A plans examiner reviews plans submitted for building permits to determine design compliance with
construction codes. A plans examiner's ability to practice is limited to the category or categories the plans
examiner is certified in. The plans examiner categories are:
• Residential plans examiner,
• Building plans examiner,
• Plumbing plans examiner,
• Mechanical plans examiner, and
• Electrical plans examiner. 152

In order to become licensed, building code administrators, inspectors, and plans examiners must take a
licensing exam in the category in which they seek licensure.

In order to sit for the administrator exam, a person must be at least 18 years of age, be of good moral
character, and meet one of the following eligibility requirements: 153
• have 10 years of combined experience as an architect, engineer, plans examiner, building code
inspector, registered or certified contractor, or construction superintendent, with at least 5 years of
such experience in supervisory positions; or
• have a combination of no more than 5 years of postsecondary education in the field of construction
or related field and at least 5 years of experience as an architect, engineer, plans examiner,
building code inspector, registered or certified contractor, or construction superintendent; and
completed training on ethics and Florida laws relating to administrators.

In order to sit for the plans examiner or inspector exam, a person must be at least 18 years of age, be of
good moral character, and meet one of the following eligibility requirements: 154
• have 5 years of combined relevant experience;
• have 4 years of combined postsecondary education and relevant experience;
• have 4 years of combined technical education and relevant experience;
• complete an approved cross-training program and have at least 2 years of experience;
• hold a standard certificate issued by the BCAIB or a firesafety inspector license, and
o have at least 5 years of relevant experience as an inspector or plans examiner;
o have a minimum of 3 years of experience in inspection or plan review, and completed an
inspector or plans examiner training program in the new category sought;
o have a minimum of 5 years of experience in firesafety inspection, and completed a training
program of not less than 200 hours in the new category sought; or
o complete an approved training program of not less than 300 hours in inspection or plans
review; and a minimum of 2 years of experience in inspection; plans review; fire code
inspections and fire plans review of new buildings as a firesafety inspector; or construction;
or
• complete a 4 year internship certification program.

150
S. 468.603(4), F.S.
151 S. 468.603(4)(f). F.S.
152
S. 468.603(7). F.S.
153
S. 468.609(3), F.S.
154
S. 468.609(2), F.S.
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For 2018-2019 Fiscal Year, there were 9,650 building code professionals. DBPR received 79 complaints
against building code professionals, and took 6 disciplinary actions. The initial licensing fee is $101.25, or
$5 for city or county employees, and the biennial renewal fee is $5. 155

A provisional license may be granted to a person who is qualified to sit for the administrator, inspector, or
plans examiner exam, but has not yet taken the exam. A provisional license allows a person to engage in
the duties of whichever licensure category the license is granted for the duration of such license.
Provisional licenses are valid for 1 year, and may be renewed by the BCAIB only for just cause for up to 2
more years. However, an applicant who is completing an internship program for a plans examiner license
may apply to the BCAIB for a provisional certificate that is valid for the duration of the internship
program. 156

A person who is licensed in another state is eligible for a building code administrator, inspector, or plans
examiner license by endorsement in Florida if they: 157
• have met experience, educational, or training program requirements;
• completed the Florida principle and practice exam; and
• completed the relevant International Codes Council (ICC) exams for the category sought.

Effect of the Bill

The bill renames a "one and two family dwelling inspector" to "residential inspectors" and expands the
scope to include inspecting one-family, two-family, or three-family residences not exceeding two habitable
stories above no more than one uninhabitable story, and accessory use structures in connection therewith,
for compliance with the building, plumbing, mechanical, accessibility, and electrical codes.

The bill reduces the amount of experience and education required for certain pathways to become a
building code inspector or plans examiner. The requirements are reduced to:
• 4 years from 5 years for combined relevant experience,
• 3 years from 4 years for combined post-secondary education and relevant experience, and
• 3 years from 4 years for combined technical education and relevant experience.

The bill provides that a person licensed in another state is also eligible for a license by endorsement in
Florida if they:
• are at least 18 years of age;
• are of good moral character;
• hold a valid license to practice as a building code administrator, inspector, or plans examiner in
another state or territory of the United States for at least 10 years before the date of application,
• successfully completed an applicable examination administered by the ICC, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.

The bill extends the period of time for which a provisional license is initially valid, from 1 year to 2 years.

Home Inspectors

Background

Home inspectors are regulated by part XV of ch. 468, F.S., and by the Home Inspection Services Licensing
Program.

In order to obtain licensure as a home inspector, a person must:

155 DBPR, supra notes 13 and 16.
156 S. 468.609, F.S.
1 7
5 S. 468.613, F.S.; R. 61G19-6.0035(4), F.A.C.
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• have good moral character;
• carry required liability insurance;
• complete a course study of at least 120 hours; and
• pass the required examination. 158

For 2018-2019 Fiscal Year, there were 7,576 home inspectors. DBPR received 141 complaints against
construction contractors, and took 4 disciplinary actions. The initial licensing fee is $230, and the biennial
renewal fee is $105. 159

A person who is licensed in another state is eligible for a license by endorsement in Florida who: 160
• is of good moral character;
• holds a valid license to practice home inspection services in another state or territory of the United
States whose educational requirements are substantially equivalent to Florida; and
• has passed a national, regional, state, or territorial licensing examination that is substantially
equivalent to the Florida examination.

DBPR may not issue a license by endorsement to any applicant who is under investigation in another state
for any act that would constitute a violation of the practice act until the investigation is complete and
disciplinary proceedings have been terminated. 161

Effect of the Bill

The bill allows an applicant to also qualify for a license by endorsement if they have:
• a liability insurance policy as required for other licensees,
• held a valid license to practice home inspection services in another state or territory of the United
States for at least 10 years before the date of application, and
• made the application either when the applicant's license in another state or territory is active, or
within 2 years of when such license was last active.

Certified Public Accountants

Background

The Board of Accountancy within DBPR is charged with regulating the practice of public accountancy in
Florida. To be licensed as a certified public accountant, a person must: 162
• be of good moral character,
• pass the licensure exam, and
• have at least 150 semester hours of education, with a focus on accounting and business.

For 2018-2019 Fiscal Year, there were 41,320 certified public accountants. DBPR received 456 complaints
against certified public accountants, and took 93 disciplinary actions. The initial licensing fee is $50, and
the biennial renewal fee is $95. 163

An applicant is eligible for a license by endorsement who: 164
• is of good moral character;
• has completed 80 hours of CE, if it has been at least 2 years since passing the licensing
examination; 165 and

158
S. 468.8313, F.S.
159
DBPR, supra notes 13 and 16.
160
S. 468.8414(3), F.S.
161
S. 468.8314(3), F.S.
162
S. 473.308(2)-(5), F.S.
163
DBPR, supra notes 13 and 16.
16 4 S. 468.8414(3), (4), F.S.
165
R. 61 H1-29.003, F.A.C.
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DATE: 1/13/2020
• either:
o is not licensed, but has otherwise met the licensing requirements and has passed a
licensing examination that is substantially equivalent to the Florida examination; or
o holds a valid license to practice public accounting issued by another state or territory of the
United States, if the criteria for issuance of such license are substantially equivalent to a
Florida license or is otherwise permitted.

Effect of the Bill

The bill removes the requirement that applicants for a license by endorsement who passed a licensing
exam more than 2 years prior to the date of application must complete 80 hours of continuing education
hours before they are eligible for such license.

Florida Building Commission

Background

In 2000, the Legislature authorized implementation of the first statewide Florida Building Code (Code),
which replaced all local building codes. 166 In 2004, the state adopted the International Code Council's I-
Codes as the base of the Code to create standards used in design, building, and compliance processes to
"construct safe, sustainable, affordable, and resilient structures." 167

The Florida Building Commission (Commission) was created to implement the Code. The Commission,
which is housed within DBPR, is a 27-member technical body responsible for the development,
maintenance, and interpretation of the Code. The Commission also approves products for statewide
acceptance. Members are appointed by the Governor and confirmed by the Senate, and include design
professionals, contractors, and government experts in the various disciplines covered by the Code.
Members, who must be able to do business in the state and must be actively engaged in the designated
profession, include the following:
• One architect;
• One structural engineer;
• One air-conditioning or mechanical contractor;
• One electrical contractor;
• One member from fire protection engineering or technology;
• One general contractor;
• One plumbing contractor;
• One roofing or sheet metal contractor;
• One residential contractor;
• Three members who are municipal or district code enforcement officials, one of whom is also a
fire marshal!;
• One member who represents the Department of Financial Services;
• One member who is a county code enforcement official;
• One member of a Florida-based organization of persons with disabilities or a nationally
chartered organization of persons with disabilities with chapters in the state;
• One member of the manufactured buildings industry;
• One mechanical or electrical engineer;
• One member who is a representative of a municipality or a charter county;
• One member of the building products manufacturing industry;
• One member who is a representative of the commercial building owners and managers industry;

166
Id. & DBPR, OveNiew of the Florida Building Code, https://www.floridahousing.org/ .. ./aboutflorida/.. ./overview-of-the-florida-building-
commission-and-standard.pptx (last visited on Oct. 18, 2017).
167
International Code Council, About the ICC, http://www.iccsafe.org/about-icc/overview/about-international-code-council/ (last visited
on Oct. 18, 2017) & International Code Council, /CC Code Development Process, https://cdn-web.iccsafe.org/wp-content/uploads/lCC-
Code-Development-Process.pdf (last visited on Oct. 18, 2017).
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• One member who is a representative of the insurance industry;
• One member who is a representative of public education;
• One member who is a swimming pool contractor;
• One member who is a representative of the green building industry and who is a third-party
commission agent, a Florida board member of the United States Green Building Council or
Green Building Initiative, a professional who is accredited under the International Green
Construction Code (IGCC), or a professional who is accredited under Leadership in Energy and
Environmental Design (LEED);
• One member who is a representative of a natural gas distribution system;
• One member who is a representative of the Department of Agriculture and Consumer Services'
Office of Energy; and
• One member who is the chair. 168

The Commission has 11 Technical Advisory Committees (TAC) ranging from the building structural TAC to
the swimming pool TAC. 169 TACs are made up of Commission members and other parties who advise the
Commission on declaratory statements, proposed amendments, and any other areas of interest of the
Commission. 170

Effect of the Bill

The bill reduces the number of members on the Commission from 27 to 19. The membership under the bill
is as follows:
• One licensed architect with at least 5 years of experience in the design and construction of
buildings designated for Group E or Group I occupancies by the Florida Building Code;
• One structural engineer;
• One air-conditioning contractor, mechanical contractor, or mechanical engineer;
• One electrical contractor or electrical engineer;
• One certified general contractor or one certified building contractor. The Associated Builders and
Contractors of Florida, the Florida Associated General Contractors Council, the Florida Home
Builders Association, and the Union Contractors Association are encouraged to recommend a list of
candidates for consideration;
• One plumbing contractor;
• One roofing or sheet metal contractor;
• One certified residential contractor;
• Three members who are municipal, county, or district code enforcement officials, one of whom is
also a fire marshal!;
• One member of a Florida-based organization of persons with disabilities or a nationally chartered
organization of persons with disabilities with chapters in the state which complies with or is certified
to be compliant with the requirements of the Americans with Disability Act of 1990, as amended.;
• One member of the manufactured buildings industry;
• One member of the building products manufacturing industry;
• One member who is a representative of the commercial building owners and managers industry;
• One member who is a representative of the insurance industry;
• One member who is a swimming pool contractor;
• One member who is a representative of the green building industry and who is a third-party
commission agent, a Florida board member of the United States Green Building Council or Green
Building Initiative, a professional who is accredited under the International Green Construction
Code (IGCC), or a professional who is accredited under Leadership in Energy and Environmental
Design (LEED); and

168 S. 553.74, F.S.
169 DBPR, Florida Building Code Online, https://www.floridabuilding.org/c/c
commission.aspx (last visited on Oct. 18, 2017).
170
DBPR, Florida Building Code Standards, http://www.myfloridalicense.com/dbpr/bcs/program committees.html (last visited on Oct.
18, 2017), & Rule 61G20-2.001 F.A.C.
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DATE: 1/13/2020
• One member who is a representative of a natural gas distribution system.

The bill removes the following members from the Commission:

• One member from fire protection engineering or technology;
• One member who represents the Department of Financial Services;
• One member who is a county code enforcement official;
• One member who is a representative of a municipality or a charter county;
• One member who is a representative of public education;
• One member who is a representative of the Department of Agriculture and Consumer Services'
Office of Energy; and
• One member who is solely the chair.

This section becomes effective January 1, 2021.

Employee Leasing Companies

Background

Employee Leasing Companies are regulated by part XI of ch. 468, F.S., and the Board of Employee Leasing
Companies. Generally, 'employee leasing' means an arrangement whereby a leasing company assigns its
employees to a client and allocates the direction of and control over the leased employees between the
leasing company and the client, with exceptions .. 171

Currently, if an applicant is denied a license, or a licensee had their license revoked, they are ineligible to
reapply for a license for a period of 1 year following final agency action. This time restriction does not apply
to administrative denials or revocations entered because: 172
• the applicant or licensee has made an inadvertent error or omission on the application;
• the experience documented to the board was insufficient at the time of the previous application; or
• DBPR is unable to complete the criminal background investigation because of insufficient
information from the Florida Department of Law Enforcement, the Federal Bureau of Investigation,
or any other applicable law enforcement agency.

Effect of the Bill

The bill removes the 1 year time restriction for reapplication for initial applicants who were denied a license,
but retains the time restriction for licensees who had their license revoked.

Pugilistic Timekeepers and Announcers

Background

Chapter 548, F.S., governs the Florida State Boxing Commission (FSBC) under DBPR. The function of the
FSBC is to license and regulate pugilistic events, including professional boxing, kickboxing, and mixed
martial arts. The FSBC ensures that all matches are conducted in accordance with provisions of state laws
and rules. The FSBC designates employees to attend the matches, appoints match officials, and ensures
the matches are held in a safe and fair manner.

A 'timekeeper' is an individual who is assigned the duties to maintain the time for each round during a
pugilistic event. 173

171
S. 468.522, F.S.
112 S. 468.524(4), F.S.
113 R. 61K1-3.0001(19), F.A.C.
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An 'announcer' is an individual who has the authority to make all announcements, including the result of the
event, during a pugilistic event. 174

In order to obtain a license, a timekeeper or announcer applicant must: 175
• complete an application in a form prescribed by the FSBC,
• be at least 18 years of age, and
• pay an application fee of $50.

Currently, there are 10 licensed timekeepers and 17 licensed announcers. According to DBPR, there were
no disciplinary orders against timekeepers or announcers in 2018-2019 Fiscal Year. 176

Effect of the Bill

The bill removes all licensure and regulatory requirements for boxing announcers and timekeepers. 177

Yacht and Ship Broker Branch Offices

Background

Yacht and ship brokers, salespersons, and related business organizations are regulated by ch. 326, F.S.,
and by the Yacht and Ship Broker's Section of DBPR.

Each yacht and ship broker must maintain a principle place of business in this state and may establish
branch offices in the state. A separate license must be maintained for each branch office.

The initial branch office license fee and the biennial renewal fee are both $100. 178 There are no
requirements of the branch office other than to obtain licensure and there are no inspection requirements.

Currently, there are 73 yacht broker branch offices. According to DBPR, there were no disciplinary orders
against branch offices in 2018-2019 Fiscal Year. 179

Effect of the Bill

The bill removes the requirement for yacht and ship brokers to obtain a separate branch office license for
each branch office. The bill does not remove the requirement for a broker to be licensed or to maintain a
principle place of business in Florida.

Labor Organizations

Background

Labor organizations and related business agents are regulated by part I of ch. 447, F.S., and by the Labor
Organizations Program at DBPR. 180

A labor organization is defined as "[a]ny organization of employees or local or subdivision thereof, having
within its membership residents of the state, whether incorporated or not, organized for the purpose of
dealing with employers concerning hours of employment, rate of pay, working conditions, or grievances of

174 R. 61K1-3.0001(1), F.A.C.
175
S. 548.021, F.S.
17s DBPR, supra note 13.
177
The bill also makes conforming changes to cross-references.
178 R. 61 B-60.002, F.A.C.

179 DBPR, supra note 16.
180
This does not include certain public employee organizations, which are regulated by the Public Employees Relations Commission,
an independent, quasi-judicial agency described in pt. II of ch. 447, F.S.
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any kind relating to employment and recognized as a unit of bargaining by one or more employers doing
business in this state." 181 In Florida, all labor organizations are required to register with DBPR and all
business agents of labor organizations must obtain a license.

The National Labor Relations Board (NLRB) is an independent federal entity which provides the same type
of union oversight as DBPR and is active in Florida, maintaining offices in Tampa and Miami. The United
States Department of Labor, Office of Labor Management Standards also registers unions at the federal
level. 182

Business agents are defined as "[a]ny person, without regard to title, who shall, for a pecuniary or financial
consideration, act or attempt to act for any labor organization in:
• The issuance of membership or authorization cards, work permits, or any other evidence of rights
granted or claimed in, or by, a labor organization;
• Soliciting or receiving from any employer any right or privilege for employees." 183

Applicants for a business agent license pay a $25 fee for licensure. Labor organization applicants must pay
an annual fee of $1.

Currently, there are 319 licensed labor organizations and 465 associated business agents. According to
DBPR, there were no disciplinary orders against labor organizations or business agents in 2018-2019
Fiscal Year. 184

Effect of the Bill

The bill repeals the licensing requirements and provisions related to licensure of labor organizations and
business agents.

Student Loan Defaults and Disciplinary Action

Background

Many states allow a licensing agency to discipline a licensee when they default on student loans or
scholarship obligations. 185 In Florida, the only agency that has express authority to discipline a licensee for
such action is the Florida Department of Health (DOH). DOH brought 722 such disciplinary actions against
health practitioners in the 2018-2019 Fiscal Year. 186 Neither DBPR nor a board thereunder has ever
disciplined a licensee for defaulting on a student loan. 187

Proponents of such disciplinary licensing laws argue that:
• The threat of losing a professional license is powerful tool to ensure borrowers stay current on their
student loans, and as a result, these laws reduce the number borrowers who default; and

181
S. 447.02(1), F.S.
182
National Labor Relations Board, What We Do, https://www.nlrb.gov/about-nlrb/what-we-do (March 16, 2019); United States
Department of Labor, Office of Labor Management Standards, Reports Required Under the LMRDA and the CSRA,
https://www.dol.gov/olms/regs/compliance/rrlo/repreq.htm (March 16, 2019); DBPR, supra note 16.
183
S. 447.02(2), F.S.
184
DBPR, supra notes 13 and 16.
185 Andrew Wagner, License Suspension for Student Loan Defaulters, National Conference of State Legislatures Legisbrief, Oct. 1,

2018, http://www.ncsl.org/research/labor-and-employment/license-suspension-for-student-loan-defaulters.aspx (last visited Mar. 19,
2019).
186 Email from Gary Landry, Office of Legislative Planning, Department of Health, Student Loan information as promised (Oct. 30,

2019).
187
Email from Colton Madill, Office of Legislative Affairs, Department of Business and Professional Regulation, RE: HB 115 (Oct. 30,
2019).
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DATE: 1/13/2020
• It is in the taxpayers' interest to ensure borrowers are repaying their government-backed student
loans because the state or federal government foots the bill if borrowers default. 188

Opponents of such disciplinary licensing laws argue that states are using their licensing authority as a
punitive debt collection tool, and that the purpose of licensing laws is to protect the health and safety of the
public, not to operate as defacto debt collectors. 189 Opponents also argue that "if people are unable to work
in their chosen field - the one they went to school for and presumably took out loans to fund - how can
they be expected to pay their debt?" 190

Over the past few years, there have been bills filed in Congress that would prevent all states from taking
such disciplinary measures, but so far they have been unsuccessful. 191

Effect of the Bill

The bill specifically prohibits DBPR or any board under DBPR from disciplining a licensee solely for
defaulting or becoming delinquent on a federal or state guaranteed student loan or a scholarship obligation.

Dietetics and Nutrition

Background

Dieticians and nutritionists are regulated by ch. 468, Part X, F.S., and by the Council of Dietetics and
Nutrition, which is under the delegated authority of the Board of Medicine, at DOH. 192

The practice of dietetics and nutrition includes: 193
• assessing nutritional needs and status using appropriate data;
• recommending appropriate dietary regimens, nutrition support, and nutrient intake;
• ordering therapeutic diets;
• improving health status through nutrition, research, counseling, and education; and
• developing, implementing, and managing nutrition care systems, including evaluating, monitoring,
and maintaining appropriate standards of high quality food and nutrition services.

Nutrition counseling includes advising and assessing individuals or groups on appropriate nutritional intake
by integrating information from a nutrition assessment. 194 A nutrition assessment is an evaluation of
nutritional needs using appropriate data to determine nutrient needs or status and making appropriate
nutrition recommendations. 195

An individual must be licensed to practice dietetics and nutrition or provide nutrition counseling for
remuneration, or to hold oneself out as a practitioner of dietetics and nutrition practice or nutrition
counseling. 196 To qualify for licensure, an applicant must: 197

188 Jessica Silver-Greenberg, Stacey Cowley, & Natalie Kitroeff, When Unpaid Student Loan Bills Mean You Can No Longer Work, The

New York Times (Nov. 18, 2017) https://www.nytimes.com/2017/11/18/business/student-loans-licenses.html? r=O (last visited on Nov.
26, 2019).
109 Id.
°
19
Courtney Nagle, Student Loan Debt Could Affect Your Job in 13 States, U.S. News,
https://www. us news. com/education/blogs/student-loan-ranger/articles/2019-04-10/these-states-could-revoke-your-professional-license-
over-student-loan-debt (last visited Jan. 10, 2020).
19 1 Wagner, supra note 178.
192
S. 468.506, F.S.
193 S. 468.503(5), F.S.
194 S. 468.503(10), F.S.
195
S. 468.503(9), F.S.
196 S. 468.504, F.S.
197
S. 468.509, F.S. An individual may be licensed without examination if the individual demonstrates that he or she is a registered
dietician or nutritionist with the Commission on Dietetic Registration or is a certified as nutrition specialist by the Certification Board of
Nutrition Specialist or is a diplomat of the American Clinical Board of Nutrition.
STORAGE NAME: h1193.BPS.D0CX PAGE: 32
DATE: 1/13/2020
• possess a baccalaureate or post-baccalaureate degree in human nutrition, food and nutrition,
dietetics, or food management, or an equivalent course of study, from an accredited school or
program;
• complete preprofessional experience of at least 900 hours or has education or experience
determined to be equivalent by the Board of Medicine; and
• pass a licensure examination.

However, there are a number of exceptions to these licensure requirements. Licensing is not required for a
person: 198
• Licensed in this state as a certain health practitioner, as long as such person is engaging in the
practice of the profession for which he or she is licensed.
• Employed by the federal government, if such person engages in dietetics solely under the direction
or control of the organization by which the person is employed.
• Employed as a cooperative extension home economist.
• Pursuing a course of study leading to a degree in dietetics and nutrition from an accredited school,
if the activities and services are a part of a supervised course of study and the person's title clearly
indicates that he or she is a student or trainee.
• Fulfilling the required preprofessional experience required for licensure.
• Registered or licensed in another state practicing dietetics or nutrition incidental to a course of study
when taking or giving a postgraduate course or other course of study in this state, if the person
holds an appointment on the faculty of an accredited school.
• Markets or distributing food, food materials, or dietary supplements, or engaging in the explanation
of the use and benefits of those products or the preparation of those products, if the person does
not engage for a fee in dietetics and nutrition practice or nutrition counseling.
• Marketing or distributing food, food materials, or dietary supplements, or engaging in the
explanation of the use or preparation of such products, as an employee of a permitted pharmacy.
• Employed as an educator by a nonprofit organization approved by the council, a governmental
entity, an elementary or secondary school, an accredited institution of higher education, if his or her
activities are part of such employment.
• Providing weight control services or related weight control products, provided that the program has
been reviewed by, consultation is available from, and no program change can be made without
approval by a licensed dietitian/nutritionist.
• Employed by a licensed hospital, nursing home, continuing care facility, or assisted living facility, if
the person is employed in compliance with governing facility licensure laws and rules regarding the
operation of its dietetic department.
• Employed by a nursing facility exempt from licensure.
• Exempt from licensure under ch. 464, F.S.
• Employed as a dietetic technician.
• Disseminating information, conducting a class or seminar, or giving a speech related to nutrition, if
such information, class, seminar or speech is provided without a fee.

Individuals who provide dietary or nutrition information for compensation as a part of a profession that is
not regulated, such as a fitness trainer or a life coach, are subject to prosecution for the unlicensed practice
of a regulated health profession. 199

198 S. 468.505, F.S.
199 An individual prosecuted for the unlicensed practice of a regulated health care profession may be subject to both administrative and

criminal sanctions if found guilty.
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Applicants for a dietetics and nutrition license must pay an initial examination fee of $200, an application
fee of $80, an initial license fee of $80, and an unlicensed activity fee of $5. 200 The biennial renewal fee is
$75.201

Currently, 7 states do not register or license dietitians: Arizona, California, Colorado, Michigan, New
Jersey, Texas, and Virginia. 202 California, Texas, and Virginia provide title protection for dietitians. 203 Title
protection limits the use of certain titles, such as "dietitian" or "nutritionist" to individuals meeting certain
criteria, such as holding a national certification or having met the requirements for licensure. 204

In the 2018-2019 Fiscal Year, there were 5,413 licensed dieticians and nutritionists. DOH received 8
complaints against dieticians and nutritionists, but no complaints were found legally sufficient by the board
to take disciplinary action. 205

Effect of the Bill

The bill authorizes an unlicensed individual to provide compensated dietary and nutritional information as
long as the individual does not represent or imply that they are a dietician, licensed dietitian, registered
dietitian, licensed nutritionist, licensed nutrition counselor, or use any other term or symbol that implies the
they are a dietitian, nutritionist, or nutrition counselor.

Except where indicated otherwise, the bill has an effective date of July 1, 2020.

B. SECTION DIRECTORY:
Section 1 Provides "Occupational Freedom and Opportunity Act" as the act title;
Section 2 Amends s. 20.165, F.S., conforming provisions;
Section 3 Amends s. 287.055, F.S., conforming provisions;
Section 4 Amends s. 326.004, F.S., deleting requirement for yacht broker branch office licenses;
Section 5 Amends s. 447.02, F.S., conforming provisions;
Section 6 Repeals s. 447.04, F.S., relating to licensure requirements for business agents;
Section 7 Repeals s. 447.041, F.S., relating to hearings for labor organizations or business agents
denied licensure;
Section 8 Repeals s. 447.045, F.S., relating to confidential application information;
Section 9 Repeals s. 447.06, F.S., relating to required registration of labor organizations;
Section 10 Amends s. 447.09, F.S., deleting certain actions relating to right of franchise of a
member of a labor organization;
Section 11 Repeals s. 447.12, F.S., relating to fees;
Section 12 Repeals s. 447.16, F.S., relating to applicability;
Section 13 Amends s. 447.305, F.S., deleting provision requiring notification to DBPR;
Section 14 Amends s. 455.213, F.S., requiring DBPR and boards to enter into reciprocity
agreements, when available, and to post certain information on their website;
Section 15 Creates s. 455.2278, F.S., to prohibit DBPR from certain disciplinary actions;
Section 16 Amends s. 468.381, F.S., revising legislative findings and intent related to auctioneers;
Section 17 Amends s. 468.382, F.S., revising definitions;
Section 18 Repeals s. 468.384, F.S., relating to Florida Board of Auctioneers;

°
20 Florida Department of Health, Licensing, http://www.floridahealth.gov/licensing-and-regulation/dietetic-nutrition/licensing/index.html
(last visited Dec. 19, 2019).
201
Florida Department of Health, Division of Medical Quality Assurance, Annual Report and Long-Range Plan, Fiscal Year 2018-2019,
46, http://www.floridahealth.gov/licensing-and-regulation/reports-and-publications/ documents/annual-report-1819.pdf (last visited on
Dec. 19, 2019).
202
Commission on Dietetic Registration, Academy of Nutrition and Dietetics, Laws the Regulate Dietitians/Nutritionists, available at
https://www.cdrnet.org/vault/2459/web/files/Licensurelawsregulations.pdf (last visited Dec.19, 2019).
203 Id.
204 Academy of Nutrition and Dietetics, Licensure and Professional Regulation of Dietitians, available at

http://www.eatrightpro.org/resource/advocacy/legislation/all-legislation/licensure (last visited Dec.19, 2019).
205
Florida Department of Health, supra note 162 at 14, 29.
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Section 19 Repeals s. 468.385, F.S., relating to training requirements;
Section 20 Repeals s. 468.3851, F.S., relating to licensure renewal;
Section 21 Repeals s. 468.3852, F.S., relating to licensure reactivation;
Section 22 Repeals s. 468.3855, F.S., relating to training requirements;
Section 23 Repeals s. 468.386, F.S., relating to fees and local licensing requirements;
Section 24 Repeals s. 468.387, F.S., relating to licensure by endorsement;
Section 25 Amends s. 468.388, F.S., relating to licensure requirements;
Section 26 Amends s. 468.389, F.S., providing grounds for civil remedies;
Section 27 Amends s. 468.391, F.S., conforming provisions;
Section 28 Repeals s. 468.392, F.S., relating to the Auctioneer Recovery Fund;
Section 29 Repeals s. 468.393, F.S., relating to the Auctioneer Recovery Fund;
Section 30 Repeals s. 468.394, F.S., relating to the Auctioneer Recovery Fund;
Section 31 Repeals s. 468.395, F.S., relating to the Auctioneer Recovery Fund;
Section 32 Repeals s. 468.396, F.S., relating to the Auctioneer Recovery Fund;
Section 33 Repeals s. 468.397, F.S., relating to the Auctioneer Recovery Fund;
Section 34 Repeals s. 468.398, F.S., relating to the Auctioneer Recovery Fund;
Section 35 Repeals s. 468.399, F.S., relating to the Auctioneer Recovery Fund;
Section 36 Amends s. 468.401, F.S., removing definitions;
Section 37 Repeals s. 468.402, F.S., relating to duties and authority of DBPR for talent agencies;
Section 38 Repeals s. 468.403, F.S., relating to duties and authority of DBPR for talent agencies;
Section 39 Repeals s. 468.404, F.S., relating to duties and authority of DBPR for talent agencies;
Section 40 Repeals s. 468.405, F.S., relating to duties and authority of DBPR for talent agencies;
Section 41 Amends s. 468.406, F.S., revising requirements for a schedule of fees and charges;
Section 42 Repeals s. 468.407, F.S., relating to license posting requirements;
Section 43 Amends s. 468.408, F.S., conforming provisions;
Section 44 Amends s. 468.409, F.S., removing a records inspection requirement;
Section 45 Amends s. 468.410, F.S., deleting a contract requirement;
Section 46 Amends s. 468.412, F.S., deleting recordkeeping and posting requirements;
Section 47 Amends s. 468.413, F.S., revising criminal penalties for talent agencies;
Section 48 Repeals s. 468.414, F.S., relating to the Professional Regulation Trust Fund;
Section 49 Amends s. 468.415, F.S., revising penalties;
Section 50 Amends s. 468.505, F.S., relating to unlicensed individuals practicing dietetics and
nutrition counseling;
Section 51 Amends s. 468.524, F.S., revising time limitations for reapplication as a licensed
employee leasing company;
Section 52 Amends s. 468.603, F.S., revising a definition;
Section 53 Amends s. 468.609, F.S., revising education and experience requirements;
Section 54 Amends s. 468.613, F.S., revising requirements for a license by endorsement;

Section 55 Amends s. 468.8314, F.S., revising requirements for a license by endorsement;
Section 56 Amends s. 469.006, F.S., revising requirements for asbestos abatement
businesses;
Section 57 Amends s. 469.009, F.S., conforming provisions;
Section 58 Amends s. 471.015, F.S., revising requirements for a license by endorsement;
Section 59 Amends s. 473.308, F.S., revising requirements for a license by endorsement;
Section 60 Amends s. 474.202, F.S., revising the definition for 'limited-service veterinary medical
practice';
Section 61 Amends s. 474.203, F.S., allowing microchipping to be performed without a veterinary
license or supervision, under certain circumsances.
Section 62 Amends s. 474.207, F.S., adding an approved licensing examination;
Section 63 Amends s. 474.217, F.S., revising requirements for a license by endorsement;
Section 64 Amends s. 476.114, F.S., revising barber training requirements;
Section 65 Amends s. 476.144, F.S., revising restricted barbers training requirements;
Section 66 Amends s. 477.013, F.S., revising and providing definitions;

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Section 67 Repeals s. 477.0132, F.S., relating to the registration of hair braiding, hair wrapping, and
body wrapping;
Section 68 Amends s. 477.0135, F.S., exempting hair braiders, hair wrappers, body wrappers, nail
polishers, and makeup applicators from licensure;
Section 69 Amends s. 477.019, F.S., conforming provisions;
Section 70 Amends s. 477.0201, F.S., providing requirements for specialty licenses;
Section 71 Amends s. 477.026, F.S., conforming provisions;
Section 72 Amends s. 477.0263, F.S., adding exceptions to services that must be performed in a
licensed salon;
Section 73 Amends s. 477.0265, F.S., conforming provisions;
Section 74 Amends s. 477.029, F.S., conforming provisions;
Section 75 Amends s. 481.201, F.S., removing legislative findings related to interior design;
Section 76 Amends s. 481.203, F.S., revising definitions for 'certificate of authorization' and
'business organization;'
Section 77 Amends s. 481.205, F.S., revising provisions for the Board of Architecture;
Section 78 Amends s. 481.207, F.S., conforming provisions;
Section 79 Amends s. 481.209, F.S., conforming provisions;
Section 80 Amends s. 481.213, F.S., conforming provisions;
Section 81 Amends s. 481.2131, F.S., revising regulations for practicing interior design;
Section 82 Amends s. 481.215, F.S., conforming provisions;
Section 83 Amends s. 481.217, F.S., conforming provisions;
Section 84 Amends s. 481.219, F.S., removing regulations for interior design businesses;
Section 85 Amends s. 481.221, F.S., conforming provisions;
Section 86 Amends s. 481.222, F.S., conforming provisions;
Section 87 Amends s. 481.223, F.S., conforming provisions;
Section 88 Amends s. 481.2251, F.S., conforming provisions;
Section 89 Amends s. 481.229, F.S., conforming provisions;
Section 90 Amends s. 481.231, F.S., conforming provisions;
Section 91 Amends s. 481.303, F.S., deleting the definition of 'certificate of authorization;'
Section 92 Amends s. 481.310, F.S., revising training requirements;
Section 93 Amends s. 481.311, F.S., conforming provisions;
Section 94 Amends s. 481.313, F.S., revising continuing education requirements;
Section 95 Amends s. 481.317, F.S., conforming provisions;
Section 96 Amends s. 481.319, F.S., deleting the requirement for a certificate of authorization and
authorizing practice through a corporation or partnership;
Section 97 Amends s. 481.321, F.S., revising requirements for the display of a certificate number;
Section 98 Amends s. 481.329, F.S., conforming a cross-reference;
Section 99 Amends s. 489.103, F.S., revising contract limits for unlicensed contractors in certain
situations;
Section 100 Amends s. 489.111, F.S., revising timing for taking a license exam; conforming a
provision;
Section 101 Amends s. 489.113, F.S., allowing certain contracting applicants to be exempt from
taking a licensing examination;
Section 102 Amends s. 489.115, F.S., revising requirements for a license by endorsement;
Section 103 Amends s. 489.511, F.S., revising requirements for a license by endorsement;
Section 104 Amends s. 489.517, F.S., reducing continuing education requirements;
Section 105 Amends s. 489.518, F.S., revising training requirements for burglar alarm system
agents;
Section 106 Amends s. 492.104, F.S., conforming provisions;
Section 107 Amends s. 492.108, F.S., revising requirements for a license by endorsement;
Section 108 Amends s. 492.111, F.S., deleting the requirements for a certificate of authorization for a
professional geologist;
Section 109 Amends s. 492.113, F.S., conforming provisions;
Section 110 Amends s. 492.115, F.S., conforming provisions;

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Section 111 Amends s. 548.003, F.S., deleting the requirement for the Florida State Boxing
Commission to adopt rules relating to a timekeeper;
Section 112 Amends s. 548.017, F.S., deleting the licensure requirement for timekeepers and
announcers;
Section 113 Amends s. 553.5141, F.S., conforming provisions;
Section 114 Amends s. 553.74, F.S., revising the membership of the Florida Building Commission;
Section 115 Amends s. 553.79, F.S., conforming provisions;
Section 116 Amends s. 558.002, F.S., conforming provisions;
Section 117 Amends s. 559.25, F.S., conforming provisions;
Section 118 Amends s. 823.15, F.S., allowing certain unlicensed individuals to perform microchipping
services.
Section 119 Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The revenue estimate is for the Senate companion bill, SB 474, by Senator Albritton. It does not
include licensing changes for talent agents, engineers, auctioneers, geologists, and dieticians.
Fiscal information related to those professions is forthcoming.

Professions: The bill should result in a reduction of license fees, license renewal fees and
unlicensed activity fees of approximately $1,195,070 in FY 2020-21, $569, 118 in FY 2021-22, and
$1,358,895 in FY 2022-23.

Regulation: Business agent and labor organization license fee reduction is anticipated to be $830
annually.

Boxing Commission: Licensees should see revenue reduction of approximately $1,450 annually.

Condominiums: (Yacht and Ship Brokers) Revenue reduction of approximately $5,400 in FY 2020-
21, $3,000 in FY 2021-22, and $5,400 in FY 2022-23.

As a result of the revenue reduction, there will be a reduction in the 8% service charge to General
Revenue of approximately $96,220 in FY 2020-21, $45,952 in FY 2021-22, and $109,326 in FY
2022-23. 206

2. Expenditures:
The expenditure estimate is for the Senate companion bill, SB 474, by Senator Albritton. It does not
include licensing changes for talent agents, auctioneers, geologists, and dieticians. Fiscal
information related to those professions is forthcoming.

Professions: The bill should result in a reduction of license fees, license renewal fees and
unlicensed activity fees of approximately $1, 195,070 in FY 2020-21, $569,118 in FY 2021-22, and
$1,358,895 in FY 2022-23.

Regulation: Business agent and labor organization license fee reduction is anticipated to be $830
annually.

Boxing Commission: Licensees should see revenue reduction of approximately $1,450 annually.

206
Department of Business and Professional Regulation, Agency Analysis of 2020 Senate Bill 474, p. 16 (Dec. 3, 2019).
STORAGE NAME: h 1193. BPS. DOCX PAGE: 37
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Condominiums: (Yacht and Ship Brokers) Revenue reduction of approximately $5,400 in FY 2020-
21, $3,000 in FY 2021-22, and $5,400 in FY 2022-23.

As a result of the revenue reduction, there will be a reduction in the 8% service charge to General
Revenue of approximately $96,220 in FY 2020-21, $45,952 in FY 2021-22, and $109,326 in FY
2022-23.

Anticipated expenditure reductions are expected to be: $130,840 in FY 2020-21, $137,140 in FY
2021-22 and $137,340 in FY 2022-23.

Florida Building Commission
Expense Reduction: It is anticipated that there will be a meeting cost (Expense) reduction of
$17,340 annually for the Florida Building Commission (included in Board Administrative Costs in
table above). 207

Total expenditure reductions all professions:
Fiscal Year Fiscal Year Fiscal Year
2020-2021 2021-2022 2022-2023
Board Administrative Office 41,340 41,840 39,140
Investigative Contract 74,800 74,800 74,800
Attorney General's Office (contract) 5,600 5,500 8,800
Revenue Bank Charges 3,900 8,700 5,000
Testing and Continuing Education 5,200 6,300 9,600

Total Cost Savings 130,840 137,140 137,340

Board of Architecture and Interior Design:
Fiscal Year Fiscal Year Fiscal Year
2020-2021 2021-2022 2022-2023
Board Administrative Office 17,400 17,900 15,100
Investigative/legal Contract 74,800 74,800 74,800
Attorney General's Office (contract) 5,000 4,500 6,700
Revenue Bank Charges 200 3,200 200
Testing and Continuing Education 5,200 6,300 9,600

Total Cost Savings 102,600 106,700 106,400

Board of Cosmetology:
Fiscal Year Fiscal Year Fiscal Year
2020-2021 2021-2022 2022-2023
Board Administrative Office 6,600 6,600 6,700
Attorney General's Office (contract) 600 1,000 2,100
Revenue Bank Charges 3,700 5,500 4,800

207
Id., at 16, 17.
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Total Cost Savings 10,900 13,100 13,600208

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill has an indeterminate positive fiscal impact for the private sector. The bill provides for the
portability of Florida licensure by requiring reciprocity with states with similar requirements. The impact
will vary, depending on how many licensees are provided licensure through reciprocity.

Interior designers, labor organizations, auctioneers, talent agents, pugilistic announcers, pugilistic
timekeepers, hair braiders, hair wrappers, body wrappers, nail painters, and makeup artists will no
longer need to pay costs associated with professional licensure.

Unlicensed individuals will be able to offer dietetic and nutrition services without paying costs
associated with professional licensure.

Nail specialists, facial specialists, full specialists, barbers, and restricted barber applicants will require
less training to obtain licensure, which may lead to a reduced training cost.

Asbestos abatement consultants and contractors, landscape architects, geologists, and architects will
no longer need to pay costs associated with retaining certificates of authorization for business
organizations.

Barbers, building code professionals, construction and electrical contractors, cosmetologists,
engineers, geologists, home inspectors, veterinarians, landscape architects, and certified public
accountants will have an additional pathway for a license by endorsement or examination to be able to
practice in Florida.

Cosmetologists and ele.ctrical and alarm system contractors will be required to complete less continuing
education for license renewal, which will lead to a reduction is costs to maintain a license.

There may be an increase in the number of people in the workforce practicing their chosen professions.

D. FISCAL COMMENTS:
The fiscal analysis is for the Senate companion bill, SB 474, by Senator Albritton. It does not include
licensing changes for talent agents, auctioneers, geologists, and dieticians. Fiscal information related to
those professions is forthcoming.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:

20s Id.
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Not applicable. This bill does not appear to affect county or municipal governments.

2. Other:
None.

8. RULE-MAKING AUTHORITY:
Application, forms, rules, and rule chapters will need to be updated related to the following licensure
programs:
• Barber's Board,
• Boxing Commission,
• Board of Cosmetology,
• Board of Professional Engineers,
• Board of Professional Geologists,
• Building Code Administrators and Inspectors Board,
• Board of Veterinary Medicine,
• Board of Landscape Architecture,
• Construction Industry Licensing Board,
• Electrical Contractor's Licensing Board,
• Asbestos Consultants,
• Board of Accountancy,
• Florida Building Commission,
• Board of Architecture and Interior Design,
• Board of Auctioneers,
• Talent Agencies, and
• Dieticians and Nutritionists.

DBPR, DOH, and the boards have sufficient rulemaking authority to make required changes.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

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DATE: 1/13/2020
F L O R D A H O U S E 0 F R E P R E S E N T A T V E S

HB 1193 2020

1 A bill to be entitled
2 An act relating to the deregulation of professions and
3 occupations; providing a short title; amending s.
4 20.165, F.S.; renaming the Board of Architecture and
5 Interior Design as the Board of Architecture within
6 the Department of Business and Professional
7 Regulation; deleting a provision establishing the
8 Florida Board of Auctioneers; amending s. 287.055,
9 F.S.; conforming provisions to changes made by the
10 act; amending s. 326.004, F.S.; deleting the
11 requirement for a yacht broker to maintain a separate
12 license for each branch office; deleting the
13 requirement for the division to establish a fee;
14 amending s. 447.02, F.S.; conforming provisions to
15 changes made by the act; repealing s. 447.04, F.S.,
16 relating to licensure and permit requirements for
17 business agents; repealing s. 447.041, F.S., relating
18 to hearings for persons or labor organizations denied
19 licensure as a business agent; repealing s. 447.045,
20 F.S., relating to confidential information obtained
21 during the application process; repealing s. 447.06,
22 F.S., relating to required registration of labor
23 organizations; amending s. 447.09, F.S.; deleting
24 certain prohibited actions relating to the right of
25 franchise of a member of a labor organization;

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HB 1193 2020

26 repealing s. 447.12, F.S., relating to registration
27 fees; repealing s. 447.16, F.S., relating to
28 applicability; amending s. 447.305, F.S.; deleting a
29 provision that requires notification of registrations
30 and renewals to the department; amending s. 455.213,
31 F.S.; requiring the Department of Business and
32 Professional Regulation or a board to seek reciprocal
33 licensing agreements with other states under certain
34 circumstances; providing requirements; creating s.
35 455.2278, F.S.; providing definitions; prohibiting the
36 department or a board from suspending or revoking a
37 person's license solely on the basis of a delinquency
38 or default in the payment of his or her student loan;
39 prohibiting the department or a board from suspending
40 or revoking a person's license solely on the basis of
41 a default in satisfying the requirements of his or her
42 work-conditional scholarship; repealing s. 468.381,
43 F.S., relating to purpose; amending s. 468.382, F.S.;
44 revising definitions; repealing s. 468.384, F.S.,
45 relating to the Florida Board of Auctioneers;
46 repealing s. 468.385, F.S., relating to licensure
47 requirements for the practice of auctioneering;
48 repealing s. 468.3851, F.S., relating to licensure
49 renewal; repealing s. 468.3852, F.S., relating to
50 license reactivation; repealing s. 468.3855, F.S.,

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HB 1193 2020

51 relating to training requirements for auctioneer
52 apprenticeships; repealing s. 468.386, F.S., relating
53 to fees and local licensing requirements; repealing s.
54 468.387, F.S., relating to licensure by endorsement;
55 amending s. 468.388, F.S.; deleting certain
56 requirements relating to auctioneer licenses with
57 regard to the conduct of an auction; amending s.
58 468.389, F.S.; revising prohibited acts and penalties;
59 amending s. 468.391, F.S.; conforming cross-
60 references; repealing ss. 468.392, 468.393, 468.394,
61 4 6 8 . 3 9 5, 4 6 8 . 3 9 6, 4 6 8 . 3 9 7, 4 6 8 . 3 9 8, and 4 5 8 . 3 9 9, F. S . ,
62 relating to the Auctioneer Recovery Fund, surcharges
63 and assessments on license fees, payment of interest
64 earned into the recovery fund, recovery from the
65 recovery fund, claims against a single licensee in
66 excess of a specified dollar limitation and joinder of
67 claims, payment of claims from the recovery fund,
68 suspension of a judgment debtor's license, and the
69 expenditure of excess funds, respectively; amending s.
70 468.401, F.S.; revising definitions; repealing ss.
71 468.402, 468.403, 468.404, and 468.405, F.S., relating
72 to duties and authority of the Department of Business
73 and Professional Regulation with regard to licensure
74 of talent agencies, licensure requirements, license
75 fees and renewals, and qualification for a talent

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76 agency license, respectively; amending s. 468.406,
77 F.S.; requiring an owner or operator of a talent
78 agency to post an itemized schedule of fees, charges,
79 and commissions in a specified place; repealing s.
80 468.407, F.S., relating to the form and posting
81 requirements for a license; amending s. 468.408, F.S.;
82 conforming provisions to changes made by the act;
83 prohibiting certain bonds from being issued or renewed
84 by a bonding agency to an owner or operator of a
85 talent agency unless the bonding agency verifies that
86 each owner or operator has not been convicted of
87 specified crimes; amending s. 468.409, F.S.; deleting
88 a requirement for record inspection; amending s.
89 468.410, F.S.; deleting a requirement to include
90 specified information in a contract between a talent
91 agency and applicant; amending s. 468.412, F.S.;
92 deleting recordkeeping and posting requirements;
93 amending s. 468.413, F.S.; revising criminal
94 penalties; conforming provisions to changes made by
95 the act; repealing s. 468.414, F.S., relating to the
96 deposit of certain funds in the Professional
97 Regulation Trust Fund; amending s. 468.415, F.S.;
98 prohibiting any agent, owner, or operator who commits
99 sexual misconduct in the operation of a talent agency
100 from acting as an agent, owner, or operator of a

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101 Florida talent agency; amending s. 468.505, F.S.;
102 providing that certain unlicensed persons are not
103 prohibited or restricted from his or her practice,
104 services, or activities in dietetics and nutrition
105 under certain circumstances; amending 468.524, F.S.;
106 deleting specified exemptions from the time
107 restriction for an employee leasing company to reapply
108 for licensure; amending s. 468.603, F.S.; revising a
109 definition; amending s. 468.609, F.S.; revising
110 certain experience requirements for a person to take
111 the examination for certification; revising the time
112 period a provisional certificate is valid; amending s.
113 468.613, F.S.; providing for waiver of specified
114 requirements for certification under certain
115 circumstances; amending s. 468.8314, F.S.; requiring
116 an applicant for a license by endorsement to maintain
117 a specified insurance policy; requiring the department
118 to certify an applicant who holds a specified license
119 issued by another state or territory of the United
120 States under certain circumstances; amending s.
121 469.006, F.S.; providing additional licensure
122 requirements for asbestos abatement consulting or
123 contracting as a partnership, corporation, business
124 trust, or other legal entity; amending s. 469.009,
125 F.S.; conforming provisions to changes made by the

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126 act; amending s. 471.015, F.S.; revising licensure
127 requirements for engineers who hold specified licenses
128 in another state; amending s. 473.308, F.S.; deleting
129 continuing education requirements for license by
130 endorsement for certified public accountants; amending
131 s. 474.202, F.S.; revising the definition of the term
132 "limited-service veterinary medical practice" to
133 include certain vaccinations or immunizations;
134 amending s. 474.203, F.S.; providing an exemption for
135 a person whose work is solely confined to microchip
136 implantation in dogs and cats; amending s. 474.207,
137 F.S.; revising education requirements for licensure by
138 examination; amending s. 474.217, F.S.; requiring the
139 Department of Business and Professional Regulation to
140 issue a license by endorsement to certain applicants
141 who successfully complete a specified examination;
142 amending s. 476.114, F.S.; revising training
143 requirements for licensure as a barber; amending s.
144 476.144, F.S.; requiring the department to license an
145 applicant who is licensed to practice barbering in
146 another state; amending s. 477.013, F.S.; revising the
147 definition of the term "hair braiding''; repealing s.
148 477.0132, F.S., relating to registration for hair
149 braiding, hair wrapping, and body wrapping; amending
150 s. 477.0135, F.S.; providing additional exemptions

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151 from license or registration requirements for
152 specified occupations or practices; amending s.
153 477.019, F.S.; conforming provisions to changes made
154 by the act; amending s. 477.0201, F.S.; providing
155 requirements for registration as a specialist;
156 amending s. 477.026, F.S.; conforming provisions to
157 changes made by the act; amending s. 477.0263, F.S.;
158 authorizing certain persons to perform specified
159 cosmetology services in a location other than a
160 licensed salon under certain circumstances; amending
161 ss. 477.0265 and 477.029, F.S.; conforming provisions
162 to changes made by the act; amending s. 481.201, F.S.;
163 deleting legislative findings relating to the practice
164 of interior design; amending s. 481.203, F.S.;
165 revising definitions; amending s. 481.205, F.S.;
166 renaming the Board of Architecture and Interior Design
167 as the Board of Architecture; revising membership of
168 the board; conforming provisions; amending ss.
169 481.207, 481.209, and 481.213, F.S.; conforming
170 provisions; amending s. 481.2131, F.S.; requiring
171 certain interior designers to include proof of
172 completed specified examination requirements when
173 submitting documents for the issuance of a building
174 permit; providing that a license or registration is
175 not required for specified persons to practice;

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176 amending ss. 481.215 and 481.217, F.S.; conforming
177 provisions to changes made by the act; amending s.
178 481.219, F.S.; deleting provisions permitting the
17 9 practice of or offer to practice interior design
180 through certain business organizations; deleting
181 provisions requiring certificates of authorization for
182 certain business organizations offering interior
183 design services to the public; requiring a licensee or
184 applicant in the practice of architecture to qualify a
185 business organization; providing requirements;
186 amending 481.221, F.S.; conforming provisions;
187 requiring a registered architect or a qualifying agent
188 for a business organization to display their license
189 number in specified advertisements; providing an
190 exception; amending ss. 481.222 and 481.223, F.S.;
191 conforming provisions; repealing s. 481.2251, F.S.,
192 relating to the practice and regulation of interior
193 design, registration for interior designers, and
194 disciplinary proceedings against registered interior
195 designers; amending ss. 481.229 and 481.231, F.S.;
196 conforming provisions; amending s. 481.303, F.S.;
197 deleting the definition of the term "certificate of
198 authorization"; amending s. 481.310, F.S.; providing
199 that an applicant who holds a specified degree is not
200 required to demonstrate 1 year of practical experience

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201 for licensure; amending s. 481.311, F.S.; requiring
202 the Board of Landscape Architecture to certify an
203 applicant who holds a specified license issued by
204 another state or territory of the United States under
205 certain circumstances; conforming provisions; amending
206 s. 481.313, F.S.; authorizing a landscape architect to
207 receive hour-for-hour credit for certain approved
208 continuing education courses under certain
209 circumstances; 481.317, F.S.; conforming provisions;
210 amending s. 481.319, F.S.; deleting the requirement
211 for a certificate of authorization; authorizing
212 landscape architects to practice through a corporation
213 or partnership; amending s. 481.321, F.S.; requiring a
214 landscape architect to display their certificate
215 number in specified advertisements; amending s.
216 481.329, F.S.; conforming a cross-reference; amending
217 s. 489.103, F.S.; revising certain contract prices for
218 exemption; amending s. 489.111, F.S.; providing that
219 an applicant who is exempt from a specified
220 examination is eligible for licensure; amending s.
221 489.113, F.S.; providing that an applicant holding a
222 specified degree does not have to pass a certain
223 examination; amending s. 489.115, F.S.; requiring the
224 Construction Industry Licensing Board to certify any
225 applicant who holds a specified license to practice

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226 contracting issued by another state or territory of
227 the United States under certain circumstances;
228 amending s. 489.511, F.S.; requiring the board to
22 9 certify as qualified for certification by endorsement
230 any applicant who holds a specified license to
231 practice electrical or alarm system contracting issued
232 by another state or territory of the United States
233 under certain circumstances; amending s. 489.517,
234 F.S.; providing a reduction in certain continuing
235 education hours required for registered contractors;
236 amending s. 489.518, F.S.; requiring a person to have
237 completed a specified amount of training within a
238 certain time period to perform the duties of an alarm
239 system agent; amending s. 492.104, F.S.; conforming
240 provisions to changes made by the act; amending
241 492.108, F.S.; requiring the department to issue a
242 license by endorsement to any applicant who has held a
243 specified license to practice geology in another
244 state, territory, or possession of the United States
245 for a certain period of time; providing that an
246 applicant may take the examination required by the
247 board if they have not met the specified examination
248 requirement; amending s. 492.111, F.S.; deleting the
249 requirements for a certificate of authorization for a
250 professional geologist; amending ss. 492.113 and

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251 492.115, F.S.; conforming provisions; amending s.
252 548.003, F.S.; deleting the requirement that the
253 Florida State Boxing Commission adopt rules relating
254 to a knockdown timekeeper; amending s. 548.017, F.S.;
255 deleting the licensure requirement for a timekeeper or
256 announcer; amending s. 553.5141, F.S.; conforming
257 provisions to changes made by the act; amending s.
258 553.74, F.S.; revising the membership and
259 qualifications of the Florida Building Commission;
260 amending ss. 553.79, 558.002, and 559.25, F.S.;
261 conforming provisions to changes made by the act;
262 amending s. 823.15, F.S.; authorizing certain persons
263 to implant dogs and cats with specified microchips
264 under certain circumstances; providing effective
265 dates.
266
267 Be It Enacted by the Legislature of the State of Florida:
2 68

269 Section 1. This act may be cited as the "Occupational
270 Freedom and Opportunity Act."
271 Section 2. Paragraph (a) of subsection (4) of section
272 20.165, Florida Statutes, is amended to read:
273 20.165 Department of Business and Professional
274 Regulation.-There is created a Department of Business and
275 Professional Regulation.

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276 (4) (a) The following boards and programs are established
277 within the Division of Professions:
278 1. Board of Architecture and Interior Design, created
279 under part I of chapter 481.
280 2. Florida Board of Auctioneers, created under part VI of
281 chapter 468.
282 2.-3-. Barbers' Board, created under chapter 476.
283 3.4-. Florida Building Code Administrators and Inspectors
284 Board, created under part XII of chapter 468.
285 4 . .§... Construction Industry Licensing Board, created under
286 part I of chapter 489.
287 5.-6-:- Board of Cosmetology, created under chapter 477.
288 6.:::;......,.. Electrical Contractors' Licensing Board, created
289 under part II of chapter 489.
290 7.-8--.- Board of Employee Leasing Companies, created under
291 part XI of chapter 468.
292 8.-9-. Board of Landscape Architecture, created under part
293 II of chapter 481.
294 9.-±-8-.- Board of Pilot Commissioners, created under chapter
295 310.
296 10.-±-±-7 Board of Professional Engineers, created under
297 chapter 471.
298 11.~ Board of Professional Geologists, created under
299 chapter 492.
300 12.~ Board of Veterinary Medicine, created under chapter

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301 474.
302 13.-±-4--. Home inspection services licensing program, created
303 under part XV of chapter 468.
304 14.-l-§.. Mold-related services licensing program, created
305 under part XVI of chapter 468.
306 Section 3. Paragraphs (h) and (k) of subsection (2) of
307 section 287.055, Florida Statutes, are amended to read:
308 287.055 Acquisition of professional architectural,
309 engineering, landscape architectural, or surveying and mapping
310 services; definitions; procedures; contingent fees prohibited;
311 penalties.-
312 (2) DEFINITIONS.-For purposes of this section:
313 (h) A "design-build firm" means a partnership,
314 corporation, or other legal entity that:
315 1. Is certified under s. 489.119 to engage in contracting
316 through a certified or registered general contractor or a
317 certified or registered building contractor as the qualifying
318 agent; or
319 2. Is qualified eertified under s. 471.023 to practice or
320 to offer to practice engineering; qualified eertified under s.
321 481.219 to practice or to offer to practice architecture; or
322 qualified eertified under s. 481.319 to practice or to offer to
323 practice landscape architecture.
324 (k) A "design criteria professional" means a firm that is
325 qualified who holds a current certificate of registration under

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326 chapter 481 to practice architecture or landscape architecture
327 or a firm who holds a current certificate as a registered
328 engineer under chapter 471 to practice engineering and who is
32 9 employed by or under contract to the agency for the providing of
330 professional architect services, landscape architect services,
331 or engineering services in connection with the preparation of
332 the design criteria package.
333 Section 4. Subsection (13) of section 326.004, Florida
334 Statutes, is amended to read:
335 326.004 Licensing.-
336 (13) Each broker must maintain a principal place of
337 business in this state and may establish branch offices in the
338 state. A separate license fflust be fflaintained for each branch
339 office. The division shall establish by rule a fee not to e1{ceed
340 $100 for each branch office license.
341 Section 5. Subsection (3) of section 447.02, Florida
342 Statutes, is amended to read:
343 447.02 Definitions.-The following terms, when used in this
344 chapter, shall have the meanings ascribed to them in this
345 section:
346 (3) The terffi "departfflent" ffieans the Departffient of Business
347 and Professional Regulation.
348 Section 6. Section 447.04, Florida Statutes, is re:eealed.
349 Section 7. Section 447.041, Florida Statutes, is re:eealed.
350 Section 8. Section 447.045, Florida Statutes, is re:eealed.

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351 Section 9. Section 447.06, Florida Statutes, is repealed.
352 Section 10. Subsections (6) and (8) of section 447.09,
353 Florida Statutes, are amended to read:
354 447.09 Right of franchise preserved; penalties.-It shall
355 be unlawful for any person:
356 ( 6) To act as a business agent without having obtained and
357 possessing a valid and subsisting license or perfflit.
358 (8) To ffiake any false statement in an application for a
359 license.
360 Section 11. Section 447.12, Florida Statutes, is repealed.
361 Section 12. Section 447.16, Florida Statutes, is repealed.
362 Section 13. Subsection (4) of section 447.305, Florida
363 Statutes, is amended to read:
364 447.305 Registration of employee organization.-
365 (4) Notification of registrations and renewals of
366 registration shall be furnished at regular intervals by the
367 cofflfflission to the Department of Business and Professional
368 Regulation.
369 Section 14. Subsection (14) is added to section 455.213,
370 Florida Statutes, to read:
371 455.213 General licensing provisions.-
372 (14) The department or a board must enter into a
373 reciprocal licensing agreement with other states if the practice
374 act within the purview of this chapter permits such agreement.
375 If a reciprocal licensing agreement exists or if the department

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376 or board has determined another state's licensing requirements
377 or examinations to be substantially similar to those under the
378 practice act, the department or board must post on its website
379 which jurisdictions have such reciprocal licensing agreements or
380 substantially similar licenses.
381 Section 15. Section 455.2278, Florida Statutes, is created
382 to read:
383 455.2278 Restriction on disciplinary action for student
384 loan default.-
385 ( 1) DEFINITIONS.-As used in this section, the term:
386 (a) "Default" means the failure to repay a student loan
387 according to the terms agreed to in the promissory note.
388 (b) "Delinquency" means the failure to make a student loan
389 payment when it is due.
390 ( c) "Student loan" means a federal-guaranteed or state-
391 guaranteed loan for the purposes of postsecondary education.
392 (d) "Work-conditional scholarship" means an award of
393 financial aid for a student to further his or her education
394 which imposes an obligation on the student to complete certain
395 work-related requirements to receive or to continue receiving
396 the scholarship.
397 (2) STUDENT LOAN DEFAULT; DELINQUENCY.-The department or a
398 board may not suspend or revoke a license that it has issued to
399 any person who is in default on or delinquent in the payment of
400 his or her student loans solely on the basis of such default or

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401 delinquency.
402 (3) WORK-CONDITIONAL SCHOLARSHIP DEFAULT.-The department
403 or a board may not suspend or revoke a license that it has
404 issued to any person who is in default on the satisfaction of
405 the requirements of his or her work-conditional scholarship
406 solely on the basis of such default.
407 Section 16. Section 468.381, Florida Statutes, is
408 repealed.
409 Section 17. Section 468.382, Florida Statutes, is amended
410 to read:
411 468.382 Definitions.-As used in this act, the term:
412 fil+&t "Absolute auction" means an auction that requires
413 no minimum opening bid that limits the sale other than to the
414 highest bidder.
415 fil-f-+t "Agricultural product" means the natural products
416 from a farm, nursery, grove, orchard, vineyard, garden, or
417 apiary, including livestock, tobacco, and vegetables and
418 includes those agricultural products as defined in chapter 618.
419 ill-+-±-+- "Auction business" means a sole proprietorship,
420 partnership, or corporation which in the regular course of
421 business arranges, manages, sponsors, advertises, promotes, or
422 carries out auctions, employs auctioneers to conduct auctions in
423 its facilities, or uses or allows the use of its facilities for
424 auctions.
425 J..il-f-2-+- "Auctioneer" means any person who conducts auctions

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42 6 within the state licensed pursuant to this part who holds a
427 valid Florida auctioneer license.
428 (3) "Apprentice" means any person who is being trained as
429 an auctioneer by a licensed auctioneer.
430 ( 4) "Board" means the Florida Board of Auctioneers.
431 (§) "Department" means the Department of Business and
432 Professional Regulation.
433 ill-+# "Livestock" means any animal included in the
434 definition of "livestock" bys. 585.01 ors. 588.13.
435 Section 18. Section 468.384, Florida Statutes, is
436 repealed.
437 Section 19. Section 468.385, Florida Statutes, is
438 re:eealed.
439 Section 20. Section 468.3851, Florida Statutes, is
440 repealed.
441 Section 21. Section 468.3852, Florida Statutes, is
442 repealed.
443 Section 22. Section 468.3855, Florida Statutes, is
444 repealed.
445 Section 23. Section 468.386, Florida Statutes, is
446 repealed.
447 Section 24. Section 468.387, Florida Statutes, lS

448 re:eealed.
449 Section 25. Subsections ( 6) through ( 11) of section
450 468.388, Florida Statutes, are renumbered as subsections (4)

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451 through ( 9) , respectively, and present subsections ( 3) , ( 4) ,
452 ( 5) , ( 9) , ( 10) , and ( 11) are amended to read:
453 468.388 Conduct of an auction.-
454 (3) Each auctioneer or auction business shall maintain a
455 record book of all sales. The record book shall be open to
456 inspection by the board at reasonable times.
457 ( 4) Each auction must be conducted by an auctioneer who
458 has an active license or by an apprentice who has an active
459 apprentice auctioneer license and who has received prior written
460 sponsor consent. Each auction must be conducted under the
461 auspices of a licensed auction business. Any auctioneer or
462 apprentice auctioneer conducting an auction, and any auction
463 business under whose auspices such auction is held, shall be
464 responsible for determining that any auctioneer, apprentice, or
465 auction business with whom they are associated in conducting
466 such auction has an active Florida auctioneer, apprentice, or
467 auction business license.
468 (5) The principal auctioneer shall prominently display at
469 the auction site the licenses of the principal auctioneer, the
470 auction business, and any other licensed auctioneers or
471 apprentices who are actively participating in the auction. If
472 such a display is not practicable, then an oral announcement at
473 the beginning of the auction or a prominent written announcement
474 that these licenses arc available for inspection at the auction
475 site must be made.

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476 J..21-f-9+ The auction business under which the auction is
477 conducted is responsible for all other aspects of the auction as
478 required by this part board rule. The auction business may
479 delegate in whole, or in part, different aspects of the auction
480 only to the extent that such delegation is permitted by law and
481 that such delegation will not impede the principal auctioneer's
482 ability to ensure the proper conduct of his or her independent
483 responsibility for the auction. The auction business under whose
484 auspices the auction is conducted is responsible for ensuring
485 compliance as required by this part board rule.
486 When settlement is not made immediately after
487 an auction, all sale proceeds received for another person must
488 be deposited in an escrow or trust account in an insured bank or
489 savings and loan association located in this state within 2
490 working days after the auction. A maximum of $100 may be kept in
491 the escrow account for administrative purposes.
492 (b) Each auction business shall maintain, for not less
493 than 2 years, a separate ledger showing the funds held for
494 another person deposited and disbursed by the auction business
495 for each auction. The escrow or trust account must be reconciled
496 monthly with the bank statement. A signed and dated record shall
497 be maintained for a 2-year period aRd be available for
498 iRopeetioR by the departffleRt or at the request of the board.
499 (c) Any interest which accrues to sale proceeds on deposit
500 shall be the property of the seller for whom the funds were

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501 received unless the parties have agreed otherwise by written
502 agreement executed prior to the auction.
503 (d) Unless otherwise provided by written agreement
504 executed prior to the auction, funds received by an auctioneer
505 or auction business a licensee from the seller or his or her
506 agent for expenses, including advertising, must be expended for
507 the purposes advanced or refunded to the seller at the time of
508 final settlement. Any funds so received shall be maintained in
509 an escrow or trust account in an insured bank or savings and
510 loan association located in this state. However, this does not
511 prohibit advanced payment of a flat fee.
512 (11) (a) All advertising by an auctioneer or auction
513 business shall include the name and Florida license number of
514 such auctioneer and auction business. The term "advertising"
515 shall not include articles of clothing, directional signs, or
516 other promotional novelty items.
517 ( 9) ( a )-f-e-t No licensed auctioneer, apprentice, or auction
518 business may disseminate or cause to be disseminated any
519 advertisement or advertising which is false, deceptive,
520 misleading, or untruthful. Any advertisement or advertising
521 shall be deemed to be false, deceptive, misleading, or
522 untruthful if it:
523 1. Contains misrepresentations of facts.
524 2. Is misleading or deceptive because, in its content or
525 in the context in which it is presented, it makes only a partial

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526 disclosure of relevant facts.
527 3. Creates false or unjustified expectations of the
528 services to be performed.
529 4. Contains any representation or claim which the
530 advertising licensee fails to perform.
531 5. Fails to include the name and license nufflber of the
532 principal auctioneer and the auction business.
533 6. Fails to include the name and license nufflber of the
534 sponsor if an apprentice is acting as the principal auctioneer.
535 4.+. Advertises an auction as absolute without specifying
536 any and all items to be sold with reserve or with minimum bids.
537 5.-8-. Fails to include the percentage amount of any buyer's
538 premium or surcharge which is a condition to sale.
539 JE.l_-tet The provisions of this subsection apply to media
540 exposure of any nature, regardless of whether it is in the form
541 of paid advertising.
542 l.£.)_-ta+ The auction business shall be responsible for the
543 content of all advertising disseminated in preparation for an
544 auction.
545 Section 26. Section 468.389, Florida Statutes, is amended
546 to read:
547 468.389 Prohibited acts; penalties.-
548 -8-+- The following acts shall be grounds for a civil cause
549 of action for damages against an auctioneer, auction business,
550 or any owner or manager thereof or, in the case of corporate

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551 ownership, any substantial stockholder of the corporation owning
552 the auction business the disciplinary activities provided in
553 subsections (2) and (3):
554 lll_-ta+ A violation of any law relating to trade or
555 commerce of this state or of the state in which an auction is
556 conducted.
557 (2)--f-e+ Misrepresentation of property for sale at auction
558 or making false promises concerning the use, value, or condition
559 of such property by an auctioneer or auction business or by
560 anyone acting as an agent of or with the consent of the
561 auctioneer or auction business.
562 J..ll-fet Failure to account for or to pay or return, within
563 a reasonable time not to exceed 30 days, money or property
564 belonging to another which has come into the control of an
565 auctioneer or auction business through an auction.
566 J..il+a+ False, deceptive, misleading, or untruthful
567 advertising.
568 J.21-fet Any conduct in connection with a sales transaction
569 which demonstrates bad faith or dishonesty.
570 l§.l_-t+t Using or permitting the use of false bidders,
571 cappers, or shills.
572 ( g) Halcing any material false statement on a license
573 application.
574 l2.l_-ffl+ Commingling money or property of another person
575 with his or her own. Every auctioneer and auction business shall

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576 maintain a separate trust or escrow account in an insured bank
577 or savings and loan association located in this state in which
578 shall be deposited all proceeds received for another person
579 through an auction sale.
580 ~-f-i+- Refusal or neglect of any auctioneer or other
581 receiver of public moneys to pay the moneys so received into the
582 State Treasury at the times and under the regulations prescribed
583 by law .
584 .J.2.l+H- Violating a statute or adfflinistrative rule
585 regulating practice under this part or a lawful disciplinary
586 order of the board or the department.
587 (lE) Having a license to practice a comparable profession
588 revol(ed, suspended, or otherwise acted against by another state,
589 territory, or country.
590 Jl..Ql+l+ Being convicted or found guilty, regardless of
591 adjudication, of a crime in any jurisdiction which directly
592 relates to the practice or the ability to practice the
593 profession of auctioneering.
594 (2) When the board finds any person guilty of any of the
595 prohibited acts set forth in subsection (1), it may enter an
596 order imposing one or more of the following penalties:
597 (a) Refusal to certify to the department an application
598 for licensure.
599 (b) Revocation or suspension of a license.
600 (c) Imposition of an adfflinistrative fine not to eMceed

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601 $1,000 for each count or separate offense.
602 (dl Issuance of a rcpriffiand.
603 (cl Placcfficnt of the auctioneer on probation for a period
604 of tiffic and subject to conditions as the board ffiay specify,
605 including requiring the auctioneer to successfully coffiplctc the
606 liccnsurc C}(affiination.
607 (fl Requirement that the person in violation ffiakc
608 restitution to each consufficr affected by that violation. Proof
609 of such restitution shall be a signed and notari~cd release
610 cnccutcd by the consufficr or the consufficr'o estate.
611 (3) (a) Failure to pay a fine within a reasonable tiffic, as
612 prescribed by board rule, ffiay be grounds for disciplinary
613 action.
614 (b) The dcpartfficnt ffiay file for an injunction or bring any
615 other appropriate civil action against anyone who violates this
616 part.
617 Section 27. Section 468.391, Florida Statutes, is amended
618 to read:
619 468.391 Pcnalty.-Any auctioneer, apprentice, or auction
620 business or any owner or manager thereof, or, in the case of
621 corporate ownership, any substantial stockholder of the
622 corporation owning the auction business, who operates without an
623 active license or violates s. 468.389(3), (5), (6), (7), or (8)
624 s. 468.389(ll (el, (cl, (fl, (hl, or (il commits a felony of the
625 third degree, punishable as provided ins. 775.082 ors.

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62 6 775.083.
627 Section 28. Section 468.392, Florida Statutes, is
628 repealed.
629 Section 29. Section 468.393, Florida Statutes, is
630 repealed.
631 Section 30. Section 468.394, Florida Statutes, is
632 repealed.
633 Section 31. Section 468.395, Florida Statutes, is
634 repealed.
635 Section 32. Section 468.396, Florida Statutes, is
636 repealed.
637 Section 33. Section 468.397, Florida Statutes, is
638 repealed.
639 Section 34. Section 468.398, Florida Statutes, is
640 repealed.
641 Section 35. Section 468.399, Florida Statutes, is
642 repealed.
643 Section 36. Section 468.401, Florida Statutes, is amended
644 to read:
645 468.401 Regulation of Talent agencies; definitions.-As
646 used in this part, the term or any rule adopted pursuant hereto:
647 ill_--HH- "Artist" means a person performing on the
648 professional stage or in the production of television, radio, or
649 motion pictures; a musician or group of musicians; or a model.
650 ill+++ "Buyer" or "employer" means a person, company,

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651 partnership, or corporation that uses the services of a talent
652 agency to provide artists.
653 ( 3) "Compensation" means any one or more of the following:
654 (a) Any money or other valuable consideration paid or
655 promised to be paid for services rendered by any person
656 conducting the business of a talent agency under this part;
657 (b) Any money received by any person in excess of that
658 which has been paid out by such person for transportation,
659 transfer of baggage, or board and lodging for any applicant for
660 employment; or
661 (c) The difference between the amount of money received by
662 any person who furnishes employees, performers, or entertainers
663 for circus, vaudeville, theatrical, or other entertainments,
664 exhibitions, engagements, or performances and the amount paid by
665 him or her to such employee, performer, or entertainer.
666 ( 4) "Engagement" means any employment or placement of an
667 artist, where the artist performs in his or her artistic
668 capacity. However, the term "engagement" shall not apply to
669 procuring opera, music, theater, or dance engagements for any
670 organization defined ins. 501(c) (3) of the Internal Revenue
671 Code or any nonprofit Florida arts organization that has
672 received a grant from the Division of Cultural Affairs of the
673 Department of State or has participated in the state touring
674 program of the Division of Cultural Affairs.
675 (§) "Department" means the Department of Business and

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676 Professional Regulation.
677 ill-f-6+ "Operator" means the person who is or who will be
678 in actual charge of a talent agency.
67 9 J....§1-f-2-+- "Owner" means any partner in a partnership, member
680 of a firm, or principal officer or officers of a corporation,
681 whose partnership, firm, or corporation owns a talent agency, or
682 any individual who is the sole owner of a talent agency.
683 J...2l+9+ "Person" means any individual, company, society,
684 firm, partnership, association, corporation, manager, or any
685 agent or employee of any of the foregoing.
686 ( 10) "License" ffieans a license issued by the Department of
687 Business and Professional Regulation to carry on the business of
688 a talent agency under this part.
689 ( 11) "Licensee" ffleans a talent agency which holds a valid
690 unrevoked and unforfeited license issued under this part.
691 JJU_-B-t "Talent agency" means any person who, for
692 compensation, engages in the occupation or business of procuring
693 or attempting to procure engagements for an artist.
694 Section 37. Section 468.402, Florida Statutes, is
695 repealed.
696 Section 38. Section 468.403, Florida Statutes, is
697 repealed.
698 Section 39. Section 468.404, Florida Statutes, is
699 re:eealed.

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700 Section 40. Section 468.405, Florida Statutes, is
701 repealed.
702 Section 41. Subsection (1) of section 468.406, Florida
703 Statutes, is amended to read:
704 468.406 Fees to be charged by talent agencies; rates;
705 display.-
706 (1) Each owner or operator of a talent agency shall post
707 in a conspicuous place in each place of business of the agency
708 applicant for a license shall file with the application an
709 itemized schedule of maximum fees, charges, and commissions that
710 which it intends to charge and collect for -i-t-s- services. The
711 ~ schedule FRay thereafter be raised only by filing with the
712 departffient an amended or suppleFRental schedule at least 30 days
713 before the change is to becoFRe effective. The schedule shall be
714 posted in a conspicuous place in each place of business of the
715 agency and shall be printed in not less than a 30-point
716 boldfaced type, except that an agency that uses written
717 contracts containing maximum fee schedules need not post such
718 schedules.
719 Section 42. Section 468.407, Florida Statutes, is
720 repealed.
721 Section 43. Subsection (1) of section 468.408, Florida
722 Statutes, is amended to read:
723 468.408 Bond required.-
724 (1) An owner or operator of a There shall be filed with

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725 the department for each talent agency shall obtain license a
72 6 bond in the form of a surety by a reputable company engaged in
727 the bonding business and authorized to do business in this
728 state. The bond shall be for the penal sum of $5,000, with one
729 or more sureties to be approved by the department, and be
730 conditioned that the owner or operator of the talent agency
731 applicant conform to and not violate any of the duties, terms,
732 conditions, provisions, or requirements of this part. Such bond
733 may not be issued or renewed by the bonding agency unless each
734 owner or operator of a talent agency submits fingerprints to the
735 Department of Law Enforcement for a state criminal history
736 record check and to the Federal Bureau of Investigation for a
737 national criminal history record check, and the bonding agency
738 verifies by examination of the criminal history records checks
739 that each owner or operator has not been convicted of a crime
740 that would require registration as a sexual offender, as
741 required ins. 943.0435 ors. 944.607, or as a sexual predator,
742 as required under s. 775.21.
743 (a) If any person is aggrieved by the misconduct of any
744 talent agency, the person may maintain an action in his or her
745 own name upon the bond of the agency in any court having
746 jurisdiction of the amount claimed. All such claims shall be
747 assignable, and the assignee shall be entitled to the same
748 remedies, upon the bond of the agency or otherwise, as the
749 person aggrieved would have been entitled to if such claim had

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750 not been assigned. Any claim or claims so assigned may be
751 enforced in the name of such assignee.
752 (b) The bonding company shall notify the talent agency
753 department of any claim against such bond, and a copy of such
754 notice shall be sent to the talent agency against which the
755 claim is made.
756 Section 44. Section 468.409, Florida Statutes, is amended
757 to read:
758 468.409 Records required to be kept.-Each talent agency
759 shall keep on file the application, registration, or contract of
760 each artist. In addition, such file must include the name and
761 address of each artist, the amount of the compensation received,
7 62 and all attempts to procure engagements for the artist. No such
763 agency or employee thereof shall knowingly make any false entry
7 64 in applicant files or receipt files. Each card or document in
765 such files shall be preserved for a period of 1 year after the
766 date of the last entry thereon. Records required under this
7 67 section shall be readily available for inspection by the
768 department during reasonable business hours at the talent
769 agency's principal office. A talent agency must provide the
770 department with true copies of the records in the manner
771 prescribed by the department.
772 Section 45. Subsection (3) of section 468.410, Florida
773 Statutes, is amended to read:
774 468.410 Prohibition against registration fees; referral.-

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775 (3) A talent agency shall give each applicant a copy of a
776 contract, within 24 hours after the contract's execution, which
777 lists the services to be provided and the fees to be charged.
778 The contract shall state that the talent agency is regulated by
779 the departffient and shall list the address and telephone nufflber
780 of the departfflent.
781 Section 46. Subsections (4) through (11) of section
782 468.412, Florida Statutes, are renumbered as subsections (3)
783 through ( 10) , respectively, and present subsections ( 2) , ( 3) ,
784 (4), (6), and (11) of that section are amended to read:
785 468.412 Talent agency regulations; prohibited acts.-
786 (2) Each talent agency shall keep records in which shall
787 be entered:
788 (a) The name and address of each artist employing such
789 talent agency.:....-t-
790 (b) The amount of fees received from each such artist.-t-
791 (c) The employment in which each such artist is engaged at
792 the time of employing such talent agency and the amount of
793 compensation of the artist in such employment, if any, and the
794 employments subsequently secured by such artist during the term
795 of the contract between the artist and the talent agency and the
796 amount of compensation received by the artist pursuant thereto. 7
797 afl€t
798 (d) Other inforfflation which the departfflent ffiay require
799 froffi tiffle to tiffle.

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800 (3) All books, records, and other papers kept pursuant to
801 this act by any talent agency shall be open at all reasonable
802 hours to the inspection of the departffient and its agents. Each
803 talent agency shall furnish to the departfflent, upon request, a
804 true copy of such books, records, and papers, or any portion
805 thereof, and shall fflalce such reports as the departffient ffiay
806 prescribe froffi tiffle to time.
807 J.l.1+4+ Each talent agency shall post in a conspicuous
808 place in the office of such talent agency a printed copy of this
809 part and of the rules adopted under this part. Such copies shall
810 also contain the naffie and address of the officer charged with
811 enforcing this part. The departffient shall furnish to talent
812 agencies printed copies of any statute or rule required to be
813 posted under this subsection.
814 J..21+6+ A Ne talent agency may not publish or cause to be
815 published any false, fraudulent, or misleading information,
816 representation, notice, or advertisement. All advertisements of
817 a talent agency by means of card, circulars, or signs, and in
818 newspapers and other publications, and all letterheads,
819 receipts, and blanks shall be printed and contain the licensed
820 name, departfflent license nufflber, and address of the talent
821 agency and the words "talent agency."~ Ne talent agency may not
822 give any false information or make any false promises or
823 representations concerning an engagement or employment to any
824 applicant who applies for an engagement or employment.

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825 llQl_-f-±-±+ A talent agency may assign an engagement contract
82 6 to another talent agency licensed in this state only if the
827 artist agrees in writing to the assignment. The assignment must
828 occur, and written notice of the assignment must be given to the
82 9 artist, within 30 days after the artist agrees in writing to the
830 assignment.
831 Section 47. Section 468.413, Florida Statutes, is amended
832 to read:
833 468.413 Legal requirements; penalties.-
834 (1) Each of the following acts constitutes a felony of the
835 third degree, punishable as provided ins. 775.082, s. 775.083,
836 or s. 7 7 5. 0 8 4:
837 (a) Owning or operating, or soliciting business as, a
838 talent agency in this state without first procuring a license
839 from the department.
840 (b) Obtaining or attempting to obtain a license by means
841 of fraud, misrepresentation, or concealment.
842 jJJ_-f-2+ Each of the following acts constitutes a
843 misdemeanor of the second degree, punishable as provided ins.
844 775.082 ors. 775.083:
845 (a) Relocating a business as a talent agency, or operating
846 under any name other than that designated on the license, unless
847 written notification is given to the department and to the
848 surety or sureties on the original bond, and unless the license
849 is returned to the department for the recording thereon of such

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850 changes.
851 (b) Assigning or attempting to assign a license issued
852 under this part.
853 (c) Failing to show on a license application whether or
854 not the agency or any owner of the agency is financially
855 interested in any other business of like nature and, if so,
856 failing to specify such interest or interests.
857 ~+e+ Failing to maintain the records required bys.
858 468.409 or knowingly making false entries in such records.
859 ~-te+- Requiring as a condition to registering or
860 obtaining employment or placement for any applicant that the
861 applicant subscribe to, purchase, or attend any publication,
862 postcard service, advertisement, resume service, photography
863 service, school, acting school, workshop, or acting workshop.
864 (c)-f-f+ Failing to give each applicant a copy of a contract
865 which lists the services to be provided and the fees to be
866 charged by, which states that the talent agency is regulated by
867 the department, and which lists the address and telephone number
868 of the department.
869 JE.l_~ Failing to maintain a record sheet as required by
870 s. 468.412 (1).
871 ~-#rt Knowingly sending or causing to be sent any artist
872 to a prospective employer or place of business, the character or
873 operation of which employer or place of business the talent
874 agency knows to be in violation of the laws of the United States

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875 or of this state.
876 (3) The court fflay, in addition to other punishfflent
877 provided for in subsection (2), suspend or revoke the license of
878 any licensee under this part who has been found guilty of any
879 fflisdeffleanor listed in subsection (2).
880 (2)+4+ In the event that the department or any state
881 attorney shall have probable cause to believe that a talent
882 agency or other person has violated any provision of subsection
883 (1), an action may be brought by the department or any state
884 attorney to enjoin such talent agency or any person from
885 continuing such violation, or engaging therein or doing any acts
886 in furtherance thereof, and for such other relief as to the
887 court seems appropriate. In addition to this reffledy, the
888 department may assess a penalty against any talent agency or any
889 person in an amount not to exceed $5,000.
890 Section 48. Section 468.414, Florida Statutes, is
891 repealed.
892 Section 49. Section 468.415, Florida Statutes, is amended
893 to read:
894 468.415 Sexual misconduct in the operation of a talent
895 agency.-The talent agent-artist relationship is founded on
896 mutual trust. Sexual misconduct in the operation of a talent
897 agency means violation of the talent agent-artist relationship
898 through which the talent agent uses the relationship to induce
899 or attempt to induce the artist to engage or attempt to engage

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900 in sexual activity. Sexual misconduct is prohibited in the
901 operation of a talent agency . .f.-f. Any agent, owner, or operator
902 of a licensed talent agency who commits is found to have
903 cofflfflitted sexual misconduct in the operation of a talent agencyT
904 the agency license shall be permanently revoked. Such agent,
905 owner, or operator shall be permanently prohibited from acting
906 disqualified from present and future licensure as an agent,
907 owner~ or operator of a Florida talent agency.
908
909 Section 50. Paragraph (n) is added to subsection (1) of
910 section 468.505, Florida Statutes, to read:
911 468.505 Exemptions; exceptions.-
912 (1) Nothing in this part may be construed as prohibiting
913 or restricting the practice, services, or activities of:
914 (n) A person who provides information, recommendations, or
915 advice concerning nutrition, or who markets food, food
916 materials, or dietary supplements for remuneration, if that
917 person does not represent himself or herself as a dietitian,
918 licensed dietitian, registered dietitian, licensed nutritionist,
919 nutrition counselor, or licensed nutrition counselor, or use any
920 word, letter, symbol, or insignia indicating or implying that he
921 or she is a dietitian, nutritionist, or nutrition counselor.
922 Section 51. Subsection (4) of section 468.524, Florida
923 Statutes, is amended to read:
924 468.524 Application for license.-

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925 (4) ~ An applicant or licensee is ineligible to reapply
92 6 for a license for a period of 1 year following final agency
927 action on the denial or revocation of a license applied for or
928 issued under this part. This time restriction does not apply to
929 administrative denials or revocations entered because:
930 (a) The applicant or licensee has made an inadvertent
931 error or omission on the application;
932 (b) The experience documented to the board was
933 insufficient at the time of the previous application; or
934 (c) The department is unable to complete the criminal
935 background investigation because of insufficient information
936 from the Florida Department of Law Enforcement, the Federal
937 Bureau of Investigation, or any other applicable law enforcement
938 agency;
939 ~+e+- The applicant or licensee has failed to submit
940 required fees.--,........e-r-
941 (e) An applicant or licensed employee leasing company has
942 been deemed ineligible for a license because of the lack of good
943 moral character of an individual or individuals when ouch
944 individual or individuals are no longer employed in a capacity
945 that would require their licensing under this part.
946 Section 52. Paragraph (f) of subsection (5) of section
947 468.603, Florida Statutes, is amended to read:
948 468.603 Definitions.-As used in this part:
949 ( 5) "Categories of building code inspectors" include the

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950 following:
951 (f) "Residential One and two family dwelling inspector"
952 means a person who is qualified to inspect and determine that
953 one-family, two-family, or three-family residences not exceeding
954 two habitable stories above no more than one uninhabitable story
955 and accessory use structures in connection therewith one and two
956 family dwellings and aeeessory structures are constructed in
957 accordance with the provisions of the governing building,
958 plumbing, mechanical, accessibility, and electrical codes.
959 Section 53. Paragraph (c) of subsection (2) and paragraph
960 (a) of subsection (7) of section 468.609, Florida Statutes, are
961 amended to read:
962 468.609 Administration of this part; standards for
963 certification; additional categories of certification.-
964 (2) A person may take the examination for certification as
965 a building code inspector or plans examiner pursuant to this
966 part if the person:
967 (c) Meets eligibility requirements according to one of the
968 following criteria:
969 1. Demonstrates i ~ years' combined experience in the
970 field of construction or a related field, building code
971 inspection, or plans review corresponding to the certification
972 category sought;
973 2. Demonstrates a combination of postsecondary education
974 in the field of construction or a related field and experience

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975 which totals 14 years, with at least 1 year of such total being
97 6 experience in construction, building code inspection, or plans
977 review;
978 3. Demonstrates a combination of technical education in
979 the field of construction or a related field and experience
980 which totals 14 years, with at least 1 year of such total being
981 experience in construction, building code inspection, or plans
982 review;
983 4. Currently holds a standard certificate issued by the
984 board or a firesafety inspector license issued pursuant to
985 chapter 633, has a minimum of 3 years' verifiable full-time
986 experience in inspection or plan review, and has satisfactorily
987 completed a building code inspector or plans examiner training
988 program that provides at least 100 hours but not more than 200
989 hours of cross-training in the certification category sought.
990 The board shall establish by rule criteria for the development
991 and implementation of the training programs. The board shall
992 accept all classroom training offered by an approved provider if
993 the content substantially meets the intent of the classroom
994 component of the training program;
995 5. Demonstrates a combination of the completion of an
996 approved training program in the field of building code
997 inspection or plan review and a minimum of 2 years' experience
998 in the field of building code inspection, plan review, fire code
999 inspections and fire plans review of new buildings as a

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1000 firesafety inspector certified under s. 633.216, or
1001 construction. The approved training portion of this requirement
1002 shall include proof of satisfactory completion of a training
1003 program that provides at least 200 hours but not more than 300
1004 hours of cross-training that is approved by the board in the
1005 chosen category of building code inspection or plan review in
1006 the certification category sought with at least 20 hours but not
1007 more than 30 hours of instruction in state laws, rules, and
1008 ethics relating to professional standards of practice, duties,
1009 and responsibilities of a certificateholder. The board shall
1010 coordinate with the Building Officials Association of Florida,
1011 Inc., to establish by rule the development and implementation of
1012 the training program. However, the board shall accept all
1013 classroom training offered by an approved provider if the
1014 content substantially meets the intent of the classroom
1015 component of the training program;
1016 6. Currently holds a standard certificate issued by the
1017 board or a firesafety inspector license issued pursuant to
1018 chapter 633 and:
1019 a. Has at least!£ years' verifiable full-time experience
1020 as an inspector or plans examiner in a standard certification
1021 category currently held or has a minimum of 4 £ years'
1022 verifiable full-time experience as a firesafety inspector
1023 licensed pursuant to chapter 633.
1024 b. Has satisfactorily completed a building code inspector

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1025 or plans examiner classroom training course or program that
102 6 provides at least 200 but not more than 300 hours in the
1027 certification category sought, except for one-family and two-
1028 family dwelling training programs, which must provide at least
1029 500 but not more than 800 hours of training as prescribed by the
1030 board. The board shall establish by rule criteria for the
1031 development and implementation of classroom training courses and
1032 programs in each certification category; or
1033 7.a. Has completed a 4-year internship certification
1034 program as a building code inspector or plans examiner while
1035 employed full-time by a municipality, county, or other
1036 governmental jurisdiction, under the direct supervision of a
1037 certified building official. Proof of graduation with a related
1038 vocational degree or college degree or of verifiable work
1039 experience may be exchanged for the internship experience
1040 requirement year-for-year, but may reduce the requirement to no
1041 less than 1 year.
1042 b. Has passed an examination administered by the
1043 International Code Council in the certification category sought.
1044 Such examination must be passed before beginning the internship
1045 certification program.
1046 c. Has passed the principles and practice examination
1047 before completing the internship certification program.
1048 d. Has passed a board-approved 40-hour code training
1049 course in the certification category sought before completing

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1050 the internship certification program.
1051 e. Has obtained a favorable recommendation from the
1052 supervising building official after completion of the internship
1053 certification program.
1054 ( 7) (a) The board shall provide for the issuance of
1055 provisional certificates valid for 2 years 1 year, as specified
1056 by board rule, to any building code inspector or plans examiner
1057 who meets the eligibility requirements described in subsection
1058 (2) and any newly employed or promoted building code
1059 administrator who meets the eligibility requirements described
1060 in subsection (3). The provisional license may be renewed by the
1061 board for just cause; however, a provisional license is not
1062 valid for longer than 3 years.
1063 Section 54. Section 468.613, Florida Statutes, is amended
1064 to read:
1065 468.613 Certification by endorsement.-The board shall
1066 examine other certification or training programs, as applicable,
1067 upon submission to the board for its consideration of an
1068 application for certification by endorsement. The board shall
1069 waive its examination, qualification, education, or training
1070 requirements, to the extent that such examination,
1071 qualification, education, or training requirements of the
1072 applicant are determined by the board to be comparable with
1073 those established by the board. The board shall waive its
1074 examination, qualification, education, or training requirements

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1075 if an applicant for certification by endorsement is at least 18
1076 years of age; is of good moral character; has held a valid
1077 building administrator, inspector, plans examiner, or the
1078 equivalent, certification issued by another state or territory
1079 of the United States for at least 10 years before the date of
1080 application; and has successfully passed an applicable
1081 examination administered by the International Codes Council.
1082 Such application must be submitted to the board while the
1083 applicant holds a valid license in another state or territory or
1084 within 2 years after the expiration of such license.
1085 Section 55. Subsection (3) of section 468.8314, Florida
1086 Statutes, is amended to read:
1087 468.8314 Licensure.-
1088 (3) The department shall certify as qualified for a
1089 license by endorsement an applicant who is of good moral
1090 character as determined ins. 468.8313, who maintains an
1091 insurance policy as required bys. 468.8322, and who: 7
1092 (a) Holds a valid license to practice home inspection
1093 services in another state or territory of the United States,
1094 whose educational requirements are substantially equivalent to
1095 those required by this part; and has passed a national,
1096 regional, state, or territorial licensing examination that is
1097 substantially equivalent to the examination required by this
1098 part; or
1099 (b) Has held a valid license to practice home inspection

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1100 services issued by another state or territory of the United
1101 States for at least 10 years before the date of application.
1102 Such application must be submitted to the department while the
1103 applicant holds a valid license in another state or territory or
1104 within 2 years after the expiration of such license.
1105 Section 56. Paragraphs (a) and (e) of subsection (2),
1106 subsection (3), paragraph (b) of subsection (4), and subsection
1107 (6) of section 469.006, Florida Statutes, are amended to read:
1108 469.006 Licensure of business organizations; qualifying
1109 agents.-
1110 (2) (a) If the applicant proposes to engage in consulting
1111 or contracting as a partnership, corporation, business trust, or
1112 other legal entity, or in any name other than the applicant's
1113 legal name, the legal entity ffiust apply for licensure through a
1114 qualifying agent or the individual applicant must qualify apply
1115 for licensure under the business organization fictitious naffie.
1116 (e) ?:._ ~ license, when issued upon application of a
1117 business organization, must be in the name of the qualifying
1118 agent business organization, and the name of the business
1119 organization qualifying agent must be noted on the license
1120 thereon. If there is a change in any information that is
1121 required to be stated on the application, the qualifying agent
1122 business organization shall, within 45 days after such change
1123 occurs, mail the correct information to the department.
1124 (3) The qualifying agent must shall be licensed under this

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1125 chapter in order for the business organization to be qualified
1126 licensed in the category of the business conducted for which the
1127 qualifying agent is licensed. If any qualifying agent ceases to
1128 be affiliated with such business organization, the agent shall
1129 so inform the department. In addition, if such qualifying agent
1130 is the only licensed individual affiliated with the business
1131 organization, the business organization shall notify the
1132 department of the termination of the qualifying agent and has
1133 shall have 60 days a f t e r ~ the date of termination of the
1134 qualifying agent's affiliation with the business organization -i-fi
1135 which to employ another qualifying agent. The business
1136 organization may not engage in consulting or contracting until a
1137 qualifying agent is employed, unless the department has granted
1138 a temporary nonrenewable license to the financially responsible
1139 officer, the president, the sole proprietor, a partner, or, in
1140 the case of a limited partnership, the general partner, who
1141 assumes all responsibilities of a primary qualifying agent for
1142 the entity. This temporary license only allows shall only allow
1143 the entity to proceed with incomplete contracts.
1144 ( 4)

1145 (b) Upon a favorable determination by the department,
1146 after investigation of the financial responsibility, credit, and
1147 business reputation of the qualifying agent and the new business
1148 organization, the department shall issue, without any
1149 examination, a new license in the qualifying agent's buoineoo

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1150 organiLation's name, and the name of the business organization
1151 qualifying agent shall be noted thereon.
1152 ( 6) Each qualifying agent shall pay the department an
1153 amount equal to the original fee for licensure of a new business
1154 organiLation. if the qualifying agent for a business
1155 organization desires to qualify additional business
1156 organizations~7 The department shall require the agent to
1157 present evidence of supervisory ability and financial
1158 responsibility of each such organization. Allowing a licensee to
1159 qualify more than one business organization must shall be
1160 conditioned upon the licensee showing that the licensee has both
1161 the capacity and intent to adequately supervise each business
1162 organization. The department may shall not limit the number of
1163 business organizations that which the licensee may qualify
1164 except upon the licensee's failure to provide such information
1165 as is required under this subsection or upon a finding that the
1166 -stteft information or evidence as is supplied is incomplete or

1167 unpersuasive in showing the licensee's capacity and intent to
1168 comply with the requirements of this subsection. A qualification
1169 for an additional business organization may be revoked or
1170 suspended upon a finding by the department that the licensee has
1171 failed in the licensee's responsibility to adequately supervise
1172 the operations of the business organization. Failure to
1173 adequately supervise the operations of a business organization

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1174 is shall be grounds for denial to qualify additional business
1175 organizations.
1176 Section 57. Subsection (1) of section 469.009, Florida
1177 Statutes, is amended to read:
1178 469.009 License revocation, suspension, and denial of
1179 issuance or renewal.-
1180 ( 1) The department may revoke, suspend, or deny the
1181 issuance or renewal of a license; reprimand, censure, or place
1182 on probation any contractor, consultant, or financially
1183 responsible officer, or business organiEation; require financial
1184 restitution to a consumer; impose an administrative fine not to
1185 exceed $5,000 per violation; require continuing education; or
1186 assess costs associated with any investigation and prosecution
1187 if the contractor or consultant, or business organization or
1188 officer or agent thereof, is found guilty of any of the
1189 following acts:
1190 (a) Willfully or deliberately disregarding or violating
1191 the health and safety standards of the Occupational Safety and
1192 Health Act of 1970, the Construction Safety Act, the National
1193 Emission Standards for Asbestos, the Environmental Protection
1194 Agency Asbestos Abatement Projects Worker Protection Rule, the
1195 Florida Statutes or rules promulgated thereunder, or any
1196 ordinance enacted by a political subdivision of this state.
1197 (b) Violating any provision of chapter 455.
1198 (c) Failing in any material respect to comply with the

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1199 provisions of this chapter or any rule promulgated hereunder.
1200 (d) Acting in the capacity of an asbestos contractor or
1201 asbestos consultant under any license issued under this chapter
1202 except in the name of the licensee as set forth on the issued
1203 license.
1204 (e) Proceeding on any job without obtaining all applicable
1205 approvals, authorizations, permits, and inspections.
1206 (f) Obtaining a license by fraud or misrepresentation.
1207 (g) Being convicted or found guilty of, or entering a plea
1208 of nolo contendere to, regardless of adjudication, a crime in
1209 any jurisdiction which directly relates to the practice of
1210 asbestos consulting or contracting or the ability to practice
1211 asbestos consulting or contracting.
1212 (h) Knowingly violating any building code, lifesafety
1213 code, or county or municipal ordinance relating to the practice
1214 of asbestos consulting or contracting.
1215 ( i) Performing any act which assists a person or entity in
1216 engaging in the prohibited unlicensed practice of asbestos
1217 consulting or contracting, if the licensee knows or has
1218 reasonable grounds to know that the person or entity was
1219 unlicensed.
1220 (j) Committing mismanagement or misconduct in the practice
1221 of contracting that causes financial harm to a customer.
1222 Financial mismanagement or misconduct occurs when:
1223 1. Valid liens have been recorded against the property of

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1224 a contractor's customer for supplies or services ordered by the
1225 contractor for the customer's job; the contractor has received
1226 funds from the customer to pay for the supplies or services; and
1227 the contractor has not had the liens removed from the property,
1228 by payment or by bond, within 75 days after the date of such
1229 liens;
1230 2. The contractor has abandoned a customer's job and the
1231 percentage of completion is less than the percentage of the
1232 total contract price paid to the contractor as of the time of
1233 abandonment, unless the contractor is entitled to retain such
1234 funds under the terms of the contract or refunds the excess
1235 funds within 30 days after the date the job is abandoned; or
1236 3. The contractor's job has been completed, and it is
1237 shown that the customer has had to pay more for the contracted
1238 job than the original contract price, as adjusted for subsequent
1239 change orders, unless such increase in cost was the result of
1240 circumstances beyond the control of the contractor, was the
1241 result of circumstances caused by the customer, or was otherwise
1242 permitted by the terms of the contract between the contractor
1243 and the customer.
1244 (k) Being disciplined by any municipality or county for an
1245 act or violation of this chapter.
1246 (1) Failing in any material respect to comply with the
1247 provisions of this chapter, or violating a rule or lawful order
1248 of the department.

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1249 (m) Abandoning an asbestos abatement project in which the
1250 asbestos contractor is engaged or under contract as a
1251 contractor. A project may be presumed abandoned after 20 days if
1252 the contractor terminates the project without just cause and
1253 without proper notification to the owner, including the reason
1254 for termination; if the contractor fails to reasonably secure
1255 the project to safeguard the public while work is stopped; or if
1256 the contractor fails to perform work without just cause for 20
1257 days.
1258 (n) Signing a statement with respect to a project or
1259 contract falsely indicating that the work is bonded; falsely
1260 indicating that payment has been made for all subcontracted
1261 work, labor, and materials which results in a financial loss to
12 62 the owner, purchaser, or contractor; or falsely indicating that
12 63 workers' compensation and public liability insurance are
1264 provided.
1265 (o) Committing fraud or deceit in the practice of asbestos
1266 consulting or contracting.
12 67 (p) Committing incompetency or misconduct in the practice
12 68 of asbestos consulting or contracting.
1269 (q) Committing gross negligence, repeated negligence, or
1270 negligence resulting in a significant danger to life or property
1271 in the practice of asbestos consulting or contracting.
1272 (r) Intimidating, threatening, coercing, or otherwise
1273 discouraging the service of a notice to owner under part I of

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1274 chapter 713 or a notice to contractor under chapter 255 or part
1275 I of chapter 713.
1276 (s) Failing to satisfy, within a reasonable time, the
1277 terms of a civil judgment obtained against the licensee, or the
1278 business organization qualified by the licensee, relating to the
1279 practice of the licensee's profession.
1280
1281 For the purposes of this subsection, construction is considered
1282 to be commenced when the contract is executed and the contractor
1283 has accepted funds from the customer or lender.
1284 Section 58. Subsection (5) of section 471.015, Florida
1285 Statutes, is amended to read:
1286 471.015 Licensure.-
1287 (5) (a) The board shall deem that an applicant who seeks
1288 licensure by endorsement has passed an examination substantially
1289 equivalent to the fundamentals examination when such applicant
1290 has held a valid professional engineer's license in another
1291 state for 10 -l-§. years and has had 20 years of continuous
1292 professional level engineering experience.
1293 (b) The board shall deem that an applicant who seeks
1294 licensure by endorsement has passed an examination substantially
1295 equivalent to the fundamentals examination and the principles
1296 and practices examination when such applicant has held a valid
1297 professional engineer's license in another state for 15 ±..§. years
12 98 and has had 30 years of continuous professional level

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1299 engineering experience.
1300 Section 59. Subsection (7) of section 473.308, Florida
1301 Statutes, is amended to read:
1302 473.308 Licensure.-
1303 (7) The board shall certify as qualified for a license by
1304 endorsement an applicant who:
1305 (a)-±-. Is not licensed and has not been licensed in another
1306 state or territory and who has met the requirements of this
1307 section for education, work experience, and good moral character
1308 and has passed a national, regional, state, or territorial
1309 licensing examination that is substantially equivalent to the
1310 examination required bys. 473.306; or afi€i
1311 2. Hao coffipleted ouch continuing education courses as the
1312 board deems appropriate, within the liffiits for each applicable
1313 2 year period as set forth ins. 473.312, but at least such
1314 courses as are equivalent to the continuing education
1315 requireffients for a Florida certified public accountant licensed
1316 in this state during the 2 years iffiffiediately preceding her or
1317 his application for licensure by endorseffient; or
1318 (b)l.rr-7 Holds a valid license to practice public
1319 accounting issued by another state or territory of the United
1320 States, if the criteria for issuance of such license were
1321 substantially equivalent to the licensure criteria that existed
1322 in this state at the time the license was issued;
1323 2.b-. Holds a valid license to practice public accounting

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1324 issued by another state or territory of the United States but
1325 the criteria for issuance of such license did not meet the
132 6 requirements of subparagraph 1. sub subparagraph a.; has met the
1327 requirements of this section for education, work experience, and
1328 good moral character; and has passed a national, regional,
1329 state, or territorial licensing examination that is
1330 substantially equivalent to the examination required bys.
1331 4 7 3. 3 0 6; or
1332 3.e. Holds a valid license to practice public accounting
1333 issued by another state or territory of the United States for at
1334 least 10 years before the date of application; has passed a
1335 national, regional, state, or territorial licensing examination
1336 that is substantially equivalent to the examination required by
1337 s. 473.306; and has met the requirements of this section for
1338 good moral character.; and
1339 2. Has completed continuing education courses that are
1340 equivalent to the continuing education requirements for a
1341 Florida certified public accountant licensed in this state
1342 during the 2 years iffiffiediately preceding her or his applieation
1343 for licensure by endorsement.
1344 Section 60. Subsection (6) of section 474.202, Florida
1345 Statutes, is amended to read:
1346 474.202 Definitions.-As used in this chapter:
1347 ( 6) "Limited-service veterinary medical practice" means
1348 offering or providing veterinary services at any location that

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1349 has a primary purpose other than that of providing veterinary
1350 medical service at a permanent or mobile establishment permitted
1351 by the board; provides veterinary medical services for privately
1352 owned animals that do not reside at that location; operates for
1353 a limited time; and provides limited types of veterinary medical
1354 services, including vaccinations or immunizations against
1355 disease, preventative procedures for parasitic control, and
1356 microchip implantation.
1357 Section 61. Subsection (9) is added to section 474.203,
1358 Florida Statutes, to read:
1359 474.203 Exemptions.-This chapter does not apply to:
1360 (9) An employee, agent, or contractor of a public or
1361 private animal shelter, humane organization, or animal control
1362 agency operated by a humane organization or by a county,
1363 municipality, or other incorporated political subdivision whose
1364 work is confined solely to microchip implantation for dogs and
1365 cats in accordance withs. 823.15.
1366
1367 For the purposes of chapters 465 and 893, persons exempt
1368 pursuant to subsection (1), subsection (2), or subsection (4)
1369 are deemed to be duly licensed practitioners authorized by the
1370 laws of this state to prescribe drugs or medicinal supplies.
1371 Section 62. Paragraph (b) of subsection (2) of section
1372 474.207, Florida Statutes, is amended to read:
1373 474.207 Licensure by examination.-

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1374 (2) The department shall license each applicant who the
1375 board certifies has:
1376 (b)l. Graduated from a college of veterinary medicine
1377 accredited by the American Veterinary Medical Association
1378 Council on Education; or
1379 2. Graduated from a college of veterinary medicine listed
1380 in the American Veterinary Medical Association Roster of
1381 Veterinary Colleges of the World and obtained a certificate from
1382 the Education Commission for Foreign Veterinary Graduates or the
1383 Program for the Assessment of Veterinary Education Equivalence.
1384
1385 The department shall not issue a license to any applicant who is
1386 under investigation in any state or territory of the United
1387 States or in the District of Columbia for an act which would
1388 constitute a violation of this chapter until the investigation
1389 is complete and disciplinary proceedings have been terminated,
1390 at which time the provisions of s. 474.214 shall apply.
1391 Section 63. Subsection (1) of section 474.217, Florida
1392 Statutes, is amended to read:
1393 474.217 Licensure by endorsement.-
1394 (1) The department shall issue a license by endorsement to
1395 any applicant who, upon applying to the department and remitting
1396 a fee set by the board, demonstrates to the board that she or
1397 he:
1398 (a) Has demonstrated, in a manner designated by rule of

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1399 the board, knowledge of the laws and rules governing the
1400 practice of veterinary medicine in this state; and
1401 (b)l. Either Holds, and has held for the 3 years
1402 immediately preceding the application for licensure, a valid,
1403 active license to practice veterinary medicine in another state
1404 of the United States, the District of Columbia, or a territory
1405 of the United States, provided that the applicant has
1406 successfully completed a state, regional, national, or other
1407 examination that is equivalent to or more stringent than the
1408 examination required by the board requirements for licensure in
1409 the issuing state, district, or territory are equivalent to or
1410 more stringent than the requirements of this chapter; or
1411 2. Meets the qualifications of s. 474. 207 (2) (b) and has
1412 successfully completed a state, regional, national, or other
1413 examination which is equivalent to or more stringent than the
1414 examination given by the department and has passed the board's
1415 clinical competency examination or another clinical competency
1416 examination specified by rule of the board.
1417 Section 64. Subsection (2) of section 476.114, Florida
1418 Statutes, is amended to read:
1419 476.114 Examination; prerequisites.-
1420 (2) An applicant shall be eligible for licensure by
1421 examination to practice barbering if the applicant:
1422 (a) Is at least 16 years of age;
1423 (b) Pays the required application fee; and

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1424 (c)l. Holds an active valid license to practice barbering
1425 in another state, has held the license for at least 1 year, and
1426 does not qualify for licensure by endorsement as provided for in
1427 s. 476.144 (5); or
1428 2. Has received a minimum of 600 1,200 hours of training
1429 in sanitation, safety, and laws and rules, as established by the
1430 board, which shall include, but shall not be limited to, the
1431 equivalent of completion of services directly related to the
1432 practice of barbering at one of the following:
1433 a. A school of barbering licensed pursuant to chapter
1434 1005;
1435 b. A barbering program within the public school system; or
1436 c. A government-operated barbering program in this state.
1437
1438 The board shall establish by rule procedures whereby the school
1439 or program may certify that a person is qualified to take the
1440 required examination after the completion of a minimum of 400
1441 1,000 actual school hours. If the person passes the examination,
1442 she or he shall have satisfied this requirement; but if the
1443 person fails the examination, she or he shall not be qualified
1444 to take the examination again until the completion of the full
1445 requirements provided by this section.
1446 Section 65. Subsection (5) of section 476.144, Florida
1447 Statutes, is amended to read:
1448 476.144 Licensure.-

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1449 (5) The board shall certify as qualified for licensure by
1450 endorsement as a barber in this state an applicant who holds a
1451 current active license to practice barbering in another state.
1452 The board shall adopt rules specifying procedures for the
1453 licensure by endorsement of practitioners desiring to be
1454 licensed in this state who hold a current active license in
1455 another state or country and who have met qualifications
1456 substantially similar to, equivalent to, or greater than the
1457 qualifications required of applicants from this state.
1458 Section 66. Subsection (9) of section 477.013, Florida
1459 Statutes, is amended to read:
1460 477.013 Definitions.-As used in this chapter:
1461 ( 9) "Hair braiding" means the weaving or interweaving of
1462 natural human hair or commercial hair, including the use of hair
1463 extensions or wefts, for compensation without cutting, coloring,
1464 permanent waving, relaxing, removing, or chemical treatment a-fte
1465 does not include the use of hair eJctensions or wefts.
1466 Section 67. Section 477.0132, Florida Statutes, is
1467 repealed.
1468 Section 68. Subsections (7) through (11) are added to
1469 section 477.0135, Florida Statutes, to read:
1470 477.0135 Exemptions.-
1471 (7) A license or registration is not required for a person
1472 whose occupation or practice is confined solely to hair braiding
1473 as defined ins. 477.013(9)

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1474 (8) A license or registration is not required for a person
1475 whose occupation or practice is confined solely to hair wrapping
1476 as defined ins. 477.013(10).
1477 (9) A license or registration is not required for a person
1478 whose occupation or practice is confined solely to body wrapping
1479 as defined ins. 477.013(12).
1480 (10) A license or registration is not required for a
1481 person whose occupation or practice is confined solely to
1482 applying polish to fingernails and toenails.
1483 (11) A license or registration is not required for a
1484 person whose occupation or practice is confined solely to makeup
1485 application.
1486 Section 69. Subsections (6) and (7) of section 477.019,
1487 Florida Statutes, are amended to read:
1488 477.019 Cosmetologists; qualifications; licensure;
1489 supervised practice; license renewal; endorsement; continuing
1490 education.-
1491 (6) The board shall certify as qualified for licensure by
1492 endorsement as a cosmetologist in this state an applicant who
1493 holds a current active license to practice cosmetology in
1494 another state. The board may not require proof of educational
1495 hours if the license was issued in a state that requires 1,200
1496 or more hours of prelicensure education and passage of a written
1497 examination. This subsection deco not apply to applicants who
1498 received their license in another state through an

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1499 apprenticeship program.
1500 (7) (a) The board shall prescribe by rule continuing
1501 education requirements intended to ensure protection of the
1502 public through updated training of licensees and registered
1503 specialists, not to exceed lQ -1-6- hours biennially, as a
1504 condition for renewal of a license or registration as a
1505 specialist under this chapter. Continuing education courses
1506 shall include, but not be limited to, the following subjects as
1507 they relate to the practice of cosmetology: human
1508 immunodeficiency virus and acquired immune deficiency syndrome;
1509 Occupational Safety and Health Administration regulations;
1510 workers' compensation issues; state and federal laws and rules
1511 as they pertain to cosmetologists, cosmetology, salons,
1512 specialists, specialty salons, and booth renters; chemical
1513 makeup as it pertains to hair, skin, and nails; and
1514 environmental issues. Courses given at cosmetology conferences
1515 may be counted toward the number of continuing education hours
1516 required if approved by the board.
1517 (b) Any person whose occupation or practice is confined
1518 solely to hair braiding, hair wrapping, or body wrapping is
1519 exempt from the continuing education requirements of this
1520 subsection.
1521 JE.l+e+- The board may, by rule, require any licensee in
1522 violation of a continuing education requirement to take a
1523 refresher course or refresher course and examination in addition

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1524 to any other penalty. The number of hours for the refresher
1525 course may not exceed 48 hours.
1526 Section 70. Subsection (1) of section 477.0201, Florida
1527 Statutes, is amended to read:
1528 477.0201 Specialty registration; qualifications;
1529 registration renewal; endorsement.-
1530 (1) Any person is qualified for registration as a
1531 specialist in any one or ffiore of the specialty practice
1532 practices within the practice of cosmetology under this chapter
1533 who:
1534 (a) Is at least 16 years of age or has received a high
1535 school diploma.
1536 (b) Has received a certificate of completion for: in a
1537 1. 150 hours of training, as established by the board,
1538 which shall focus primarily on sanitation and safety, to
1539 practice specialties as defined ins. 477.013(6) (a) and (b);
1540 specialty pursuant to s. 477.013(6)
1541 2. 165 hours of training, as established by the board,
1542 which shall focus primarily on sanitation and safety, to
1543 practice the specialty as defined ins. 477.013(6) (c); or
1544 3. 300 hours of training, as established by the board,
1545 which shall focus primarily on sanitation and safety, to
1546 practice the specialties as defined ins. 477.013(6) (a)-(c).
1547 (c) The certificate of completion specified in paragraph
1548 (b) must be from one of the following:

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1549 1. A school licensed pursuant to s. 477.023.
1550 2. A school licensed pursuant to chapter 1005 or the
1551 equivalent licensing authority of another state.
1552 3. A specialty program within the public school system.
1553 4. A specialty division within the Cosmetology Division of
1554 the Florida School for the Deaf and the Blind, provided the
1555 training programs comply with minimum curriculum requirements
1556 established by the board.
1557 Section 71. Paragraph (f) of subsection (1) of section
1558 477.026, Florida Statutes, is amended to read:
1559 477.026 Fees; disposition.-
1560 (1) The board shall set fees according to the following
1561 schedule:
1562 (f) For hair braiders, hair wrappers, and body wrappers,
1563 fees for registration shall not exceed $25.
1564 Section 72. Subsection (4) of section 477.0263, Florida
1565 Statutes, is amended, and subsection (5) is added to that
1566 section, to read:
1567 477.0263 Cosmetology services to be performed in licensed
1568 salon; exceptions.-
1569 ( 4) Pursuant to rules adopted by the board, any
1570 cosmetology or specialty service may be performed in a location
1571 other than a licensed salon when the service is performed in
1572 connection with a special event and is performed by a person WfTe
1573 is efflployed by a licensed salon and who holds the proper license

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1574 or specialty registration. An appointment for the performance of
1575 any such service in a loeation other than a licensed salon must
1576 be made through a licensed salon.
1577 (5) Any person who holds the proper license may perform
1578 hair shampooing, hair cutting, hair arranging, nail polish
1579 removal, nail filing, nail buffing, and nail cleansing services
1580 in a location other than a licensed salon.
1581 Section 73. Paragraph (f) of subsection (1) of section
1582 477.0265, Florida Statutes, is amended to read:
1583 477.0265 Prohibited acts.-
1584 (1) It is unlawful for any person to:
1585 (fl Advertise or imply that skin care services or body
1586 wrapping, as performed under this chapter, have any relationship
1587 to the practice of massage therapy as defined ins. 480.033(3),
1588 except those practices or activities defined ins. 477.013.
1589 Section 74. Paragraph (a) of subsection (1) of section
1590 477.029, Florida Statutes, is amended to read:
1591 477.029 Penalty.-
1592 (1) It is unlawful for any person to:
1593 (a) Hold himself or herself out as a cosmetologist or7
1594 specialist, hair wrapper, hair braider, or body wrapper unless
1595 duly licensed or registered, or otherwise authorized, as
1596 provided in this chapter.
1597 Section 75. Section 481.201, Florida Statutes, is amended
1598 to read:

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1599 481.201 Purpose.-The primary legislative purpose for
1600 enacting this part is to ensure that every architect practicing
1601 in this state meets minimum requirements for safe practice. It
1602 is the legislative intent that architects who fall below minimum
1603 competency or who otherwise present a danger to the public shall
1604 be prohibited from practicing in this state. The Legislature
1605 further finds that it is in the interest of the public to lifflit
1606 the practice of interior design to interior designers or
1607 architects who have the design education and training required
1608 by this part or to persons who arc eJCCfflpted froffi the provisions
1609 of this part.
1610 Section 76. Section 481.203, Florida Statutes, is amended
1611 to read:
1612 481.203 Definitions.-As used in this part, the term:
1613 (l)-f-3+ "Architect" or "registered architect" means a
1614 natural person who is licensed under this part to engage in the
1615 practice of architecture.
1616 (2)-f-€-t "Architecture" means the rendering or offering to
1617 render services in connection with the design and construction
1618 of a structure or group of structures which have as their
1619 principal purpose human habitation or use, and the utilization
1620 of space within and surrounding such structures. These services
1621 include planning, providing preliminary study designs, drawings
1622 and specifications, job-site inspection, and administration of
1623 construction contracts.

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1624 ill-f-±+ "Board" means the Board of Architecture afiEi
1625 Interior Design.
1626 J..il-f-§+ "Business organization" means a partnership, a
1627 limited liability company, a corporation, or an individual
1628 operating under a fictitious name "Certificate of authori~ation"
162 9 ffleans a certificate issued by the departfflent to a corporation or
1630 partnership to practice architecture or interior design.
1631 ill-t4+ "Certificate of registration" means a license
1632 issued by the department to a natural person to engage in the
1633 practice of architecture or interior design.
1634 ill-+-±-* "Common area" means an area that is held out for
1635 use by all tenants or owners in a multiple-unit dwelling,
1636 including, but not limited to, a lobby, elevator, hallway,
1637 laundry room, clubhouse, or swimming pool.
1638 (7)~ "Department" means the Department of Business and
1639 Professional Regulation.
1640 fil-t-l-4+- "Diversified interior design experience" means
1641 experience which substantially encompasses the various elements
1642 of interior design services set forth under the definition of
1643 "interior design" in subsection l1...Q.l_-f-8+.
1644 fil+±-e+ "Interior decorator services" includes the
1645 selection or assistance in selection of surface materials,
1646 window treatments, wallcoverings, paint, floor coverings,
1647 surface-mounted lighting, surface-mounted fixtures, and loose

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1648 furnishings not subject to regulation under applicable building
1649 codes.
1650 ll..Ql+&+- "Interior design" means designs, consultations,
1651 studies, drawings, specifications, and administration of design
1652 construction contracts relating to nonstructural interior
1653 elements of a building or structure. "Interior design'' includes,
1654 but is not limited to, reflected ceiling plans, space planning,
1655 furnishings, and the fabrication of nonstructural elements
1656 within and surrounding interior spaces of buildings. "Interior
1657 design" specifically excludes the design of or the
1658 responsibility for architectural and engineering work, except
1659 for specification of fixtures and their location within interior
1660 spaces. As used in this subsection, "architectural and
1661 engineering interior construction relating to the building
1662 systems" includes, but is not limited to, construction of
1663 structural, mechanical, plumbing, heating, air-conditioning,
1664 ventilating, electrical, or vertical transportation systems, or
1665 construction which materially affects lifesafety systems
1666 pertaining to firesafety protection such as fire-rated
1667 separations between interior spaces, fire-rated vertical shafts
1668 in multistory structures, fire-rated protection of structural
1669 elements, smoke evacuation and compartmentalization, emergency
1670 ingress or egress systems, and emergency alarm systems.
1671 (9) "Registered interior designer" or "interior designer"
1672 ffieans a natural person who is licensed under this part.

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1673 Q1J_-H:-G+ "Nonstructural element" means an element which
1674 does not require structural bracing and which is something other
1675 than a load-bearing wall, load-bearing column, or other load-
1676 bearing element of a building or structure which is essential to
1677 the structural integrity of the building.
1678 J.1..ll-8-±+ "Reflected ceiling plan" means a ceiling design
1679 plan which is laid out as if it were projected downward and
1680 which may include lighting and other elements.
1681 (13)--H:-6+- "Responsible supervising control" means the
1682 exercise of direct personal supervision and control throughout
1683 the preparation of documents, instruments of service, or any
1684 other work requiring the seal and signature of a licensee under
1685 this part.
1686 (14)~ "Space planning" means the analysis, programming,
1687 or design of spatial requirements, including preliminary space
1688 layouts and final planning.
1689 11:.21-f-++- "Townhouse" is a single-family dwelling unit not
1690 exceeding three stories in height which is constructed in a
1691 series or group of attached units with property lines separating
1692 such units. Each townhouse shall be considered a separate
1693 building and shall be separated from adjoining townhouses by the
1694 use of separate exterior walls meeting the requirements for zero
1695 clearance from property lines as required by the type of
1696 construction and fire protection requirements; or shall be

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1697 separated by a party wall; or may be separated by a single wall
1698 meeting the following requirements:
1699 (a) Such wall shall provide not less than 2 hours of fire
1700 resistance. Plumbing, piping, ducts, or electrical or other
1701 building services shall not be installed within or through the
1702 2-hour wall unless such materials and methods of penetration
1703 have been tested in accordance with the Standard Building Code.
1704 (b) Such wall shall extend from the foundation to the
1705 underside of the roof sheathing, and the underside of the roof
1706 shall have at least 1 hour of fire resistance for a width not
1707 less than 4 feet on each side of the wall.
1708 (c) Each dwelling unit sharing such wall shall be designed
1709 and constructed to maintain its structural integrity independent
1710 of the unit on the opposite side of the wall.
1711 Section 77. Subsection (1) and paragraph (a) of subsection
1712 (3) of section 481.205, Florida Statutes, are amended to read:
1713 481.205 Board of Architecture and Interior Design.-
1714 (1) The Board of Architecture and Interior Design is
1715 created within the Department of Business and Professional
1716 Regulation. The board shall consist of seven±± members. Five
1717 members must be registered architects who have been engaged in
1718 the practice of architecture for at least 5 years; three members
1719 must be registered interior designers who have been offering
1720 interior dcsigtt services for at least§ years and who arc not
1721 aloe registered architects; and two three members must be

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1722 laypersons who are not, and have never been, architectsT
1723 interior designers, or members of any closely related profession
1724 or occupation. At least one member of the board must be 60 years
1725 of age or older.
1726 (3) (a) Notwithstanding the provisions of ss. 455.225,
1727 455.228, and 455.32, the duties and authority of the department
1728 to receive complaints and investigate and discipline persons
1729 licensed under this part, including the ability to determine
1730 legal sufficiency and probable cause; to initiate proceedings
1731 and issue final orders for summary suspension or restriction of
1732 a license pursuant to s. 120.60(6); to issue notices of
1733 noncompliance, notices to cease and desist, subpoenas, and
1734 citations; to retain legal counsel, investigators, or
1735 prosecutorial staff in connection with the licensed practice of
1736 architecture and interior design; and to investigate and deter
1737 the unlicensed practice of architecture and interior design as
1738 provided ins. 455.228 are delegated to the board. All
1739 complaints and any information obtained pursuant to an
1740 investigation authorized by the board are confidential and
1741 exempt from s. 119.07(1) as provided ins. 455.225(2) and (10)
1742 Section 78. Section 481.207, Florida Statutes, is amended
1743 to read:
1744 481.207 Fees.-The board, by rule, may establish separate
1745 fees for architects and interior designers, to be paid for
1746 applications, examination, reexamination, licensing and renewal,

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1747 delinquency, reinstatement, and recordmaking and recordkeeping.
1748 The examination fee shall be in an amount that covers the cost
1749 of obtaining and administering the examination and shall be
1750 refunded if the applicant is found ineligible to sit for the
1751 examination. The application fee is nonrefundable. The fee for
1752 initial application and examination for architects and interior
1753 designers may not exceed $775 plus the actual per applicant cost
1754 to the department for purchase of the examination from the
1755 National Council of Architectural Registration Boards or the
1756 National Council of Interior Design Qualifications,
1757 respectively, or similar national organizations. The biennial
1758 renewal fee for architects may not exceed $200. The biennial
1759 renewal fee for interior designers may not e1{ceed $500. The
1760 delinquency fee may not exceed the biennial renewal fee
1761 established by the board for an active license. The board shall
17 62 establish fees that are adequate to ensure the continued
1763 operation of the board and to fund the proportionate expenses
1764 incurred by the department which are allocated to the regulation
1765 of architects and interior designers. Fees shall be based on
1766 department estimates of the revenue required to implement this
1767 part and the provisions of law with respect to the regulation of
1768 architects and interior designers.
1769 Section 79. Section 481.209, Florida Statutes, is amended
1770 to read:
1771 481.209 Examinations.-

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1772 -8-+- A person desiring to be licensed as a registered
1773 architect by initial examination shall apply to the department,
1774 complete the application form, and remit a nonrefundable
1775 application fee. The department shall license any applicant who
1776 the board certifies7
1777 +a+ has passed the licensure examination prescribed by
1778 board rule-:- and
1779 -tb+ is a graduate of a school or college of architecture
1780 with a program accredited by the National Architectural
1781 Accreditation Board.
1782 (2) A person desiring to be licensed as a registered
1783 interior designer shall apply to the department for licensure.
1784 The department shall ad-minister the licensure eJcamination for
1785 interior designers to each applicant who has completed the
1786 application form and remitted the application and eJcamination
1787 fees specified ins. 481.207 and who the board certifies:
1788 (a) Is a graduate from an interior design program of 5
1789 years or more and has completed 1 year of diversified interior
1790 design eJcperience;
1791 (b) Is a graduate from an interior design program of 4
1792 years or more and has completed 2 years of diversified interior
1793 design eHperience;
1794 (c) Has completed at least 3 years in an interior design
1795 curriculum and has completed 3 years of diversified interior
1796 design mcperience; or

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1797 (d) Is a graduate from an interior design program of at
1798 least 2 years and has completed 4 years of diversified interior
1799 design experience.
1800 Subsequent to October 1, 2000, for the purpose of having the
1801 educational qualification required under this subsection
1802 accepted by the board, the applicant must complete his or her
1803 education at a program, school, or college of interior design
1804 whose curriculum has been approved by the board as of the time
1805 of core_.pletion. Subsequent to October 1, 2003, all of the
1806 required amount of educational credits shall have been obtained
1807 in a program, school, or college of interior design whose
1808 curriculum has been approved by the board, as of the time each
1809 educational credit is gained. The board shall adopt rules
1810 providing for the review and approval of programs, schools, and
1811 colleges of interior design and courses of interior design study
1812 based on a review and inspection by the board of the curriculum
1813 of programs, schools, and colleges of interior design in the
1814 United States, including those programs, schools, and colleges
1815 accredited by the Foundation for Interior Design Education
1816 Research. The board shall adopt rules providing for the review
1817 and approval of diversified interior design experience required
1818 by this subsection.
1819 Section 80. Subsections (1) through (4) of section
1820 481.213, Florida Statutes, are amended to read:
1821 481.213 Licensure.-

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1822 (1) The department shall license any applicant who the
1823 board certifies is qualified for licensure and who has paid the
1824 initial licensure fee. Licensure as an architect under this
1825 section shall be deemed to include all the rights and privileges
1826 of licensure as an interior designer under this section.
1827 (2) The board shall certify for licensure by examination
1828 any applicant who passes the prescribed licensure examination
1829 and satisfies the requirements of ss. 481.209 and 481.211, for
1830 architects, or the requirements of s. 481.209, for interior
1831 designers.
1832 (3) The board shall certify as qualified for a license by
1833 endorsement as an architect or as an interior designer an
1834 applicant who:
1835 (a) Qualifies to take the prescribed licensure
1836 examination, and has passed the prescribed licensure examination
1837 or a substantially equivalent examination in another
1838 jurisdiction, as set forth ins. 481.209 for architects e-r-
1839 interior designers, as applicable, and has satisfied the
1840 internship requirements set forth ins. 481.211 for architects;
1841 (b) Holds a valid license to practice architecture e-r-
1842 interior design issued by another jurisdiction of the United
1843 States, if the criteria for issuance of such license were
1844 substantially equivalent to the licensure criteria that existed
1845 in this state at the time the license was issued; provided,
1846 however, that an applicant who has been licensed for use of the

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1847 title "interior design" rather than licensed to practice
1848 interior design shall not qualify hereunder; or
1849 (c) Has passed the prescribed licensure examination and
1850 holds a valid certificate issued by the National Council of
1851 Architectural Registration Boards, and holds a valid license to
1852 practice architecture issued by another state or jurisdiction of
1853 the United States.
1854 (4) The board may refuse to certify any applicant who has
1855 violated any of the provisions of s. 481.223 7 ors. 481.225, er
1856 s. 481.2251, as applicable.
1857 Section 81. Section 481.2131, Florida Statutes, is amended
1858 to read:
1859 481.2131 Interior design; practice requircments7
1860 disclosure of compensation for professional services.-
1861 (1) A registered interior designer is authoriLed to
1862 perform "interior design" as defined in s. 481.203. Interior
1863 design documents prepared by a registered interior designer
1864 shall contain a statement that the document is not an
1865 architectural or engineering study, drawing, specification, or
1866 design and is not to be used for construction of any load
1867 bearing coluffino, load bearing framing or walls of structures, or
1868 issuance of any building permit, eJrcept ao otherwise provided by
1869 ~ Interior design documents that are prepared in accordance
1870 with the Florida Building Code and sealed by an a registered
1871 interior designer must ffia-Y, if required by a permitting body, be

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1872 accepted by the permitting body be submitted for the issuance of
1873 a building permit for interior construction excluding design of
1874 any structural, mechanical, plumbing, heating, air-conditioning,
1875 ventilating, electrical, or vertical transportation systems or
1876 that materially affect lifesafety systems pertaining to
1877 firesafety protection such as fire-rated separations between
1878 interior spaces, fire-rated vertical shafts in multistory
1879 structures, fire-rated protection of structural elements, smoke
1880 evacuation and compartmentalization, emergency ingress or egress
1881 systems, and emergency alarm systems. Interior design documents
1882 submitted for the issuance of a building permit by an individual
1883 performing interior design services who is not a licensed
1884 architect must include written proof that such individual has
1885 successfully passed the qualification examination prescribed by
1886 either the National Council for Interior Design Qualifications
1887 or the California Council for Interior Design Certification, or
1888 that such individual held a license to practice interior design
1889 from the department. All drawings, plans, specifications, or
1890 reports prepared or issued by the interior designer and filed
1891 for public record shall bear the signature of the interior
1892 designer who prepared or approved the document and the date on
1893 which they were signed. The signature and date shall be evidence
1894 of the authenticity of that to which they are affixed. Final
1895 plans, specifications, or reports prepared or issued by an
1896 interior designer may be transmitted electronically and may be

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1897 electronically signed by the interior designer.
1898 (2) A license or registration is not required for a person
1899 whose occupation or practice is confined to interior design or
1900 interior decorator services An interior designer shall, before
1901 entering into a contract, verbal or written, clearly determine
1902 the scope and nature of the project and the method or methods of
1903 compensation. The interior designer may offer professional
1904 services to the client as a consultant, specifier, or supplier
1905 on the basis of a fee, percentage, or markup. The interior
1906 designer shall have the responsibility of fully disclosing to
1907 the client the manner in which all compensation is to be paid.
1908 Unless the client lcnows and agrees, the interior designer shall
1909 not accept any form of compensation from a supplier of goods and
1910 services in cash or in kind.
1911 Section 82. Subsections (3) and (5) of section 481.215,
1912 Florida Statutes, are amended to read:
1913 481.215 Renewal of license.-
1914 (3) ~ N-e license renewal may not shall be issued to an
1915 architect or an interior designer by the department until the
1916 licensee submits proof satisfactory to the department that,
1917 during the 2 years before prior to application for renewal, the
1918 licensee participated per biennium in not less than 20 hours of
1919 at least 50 minutes each per biennium of continuing education
1920 approved by the board. The board shall approve only continuing
1921 education that builds upon the basic knowledge of architecture

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1922 or interior design. The board may make exception from the
1923 requirements of continuing education in emergency or hardship
1924 cases.
1925 (5) The board shall require, by rule adopted pursuant to
1926 ss. 120.536(1) and 120.54, a specified number of hours in
1927 speeiali~ed or advaneed courses, approved by the Florida
1928 Building Commission, on any portion of the Florida Building
1929 Code, adopted pursuant to part IV of chapter 553, relating to
1930 the licensee's respective area of practice.
1931 Section 83. Subsection (1) of section 481.217, Florida
1932 Statutes, is amended to read:
1933 481.217 Inactive status.-
1934 (1) The board may prescribe by rule continuing education
1935 requirements as a condition of reactivating a license. The rules
1936 may not require more than one renewal cycle of continuing
1937 education to reactivate a license for a registered architect er
1938 interior designer. For interior design, the board may approve
1939 only continuing education that builds upon the basic Jcnowledge
1940 of interior design.
1941 Section 84. Section 481.219, Florida Statutes, is amended
1942 to read:
1943 481.219 Qualification of business organizations
1944 certification of partnerships, limited liability companies, and
1945 corporations.-
1946 (1) A licensee may The practice of or the offer to

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1947 practice architecture or interior design by licensees through a
1948 qualified business organization that offers corporation, limited
1949 liability company, or partnership offering architectural e-r-
1950 interior design services to the public, or by a corporation,
1951 limited liability company, or partnership offering architectural
1952 or interior design services to the public through licensees
1953 under this part as agents, employees, officers, or partners, is
1954 permitted, subject to the provisions of this section.
1955 (2) If a licensee or an applicant proposes to engage in
1956 the practice of architecture as a business organization, the
1957 licensee or applicant shall qualify the business organization
1958 upon approval of the board For the purposes of this section, a
1959 certificate of authorization shall be required for a
1960 corporation, limited liability company, partnership, or person
1961 practicing under a fictitious name, offering architectural
1962 services to the public jointly or separately. However, when an
1963 individual is practicing architecture in her or his own name,
1964 she or he shall not be required to be certified under this
1965 section. Certification under this subsection to offer
1966 architectural services shall include all the rights and
1967 privileges of certification under subsection (3) to offer
1968 interior design services.
1969 (3) (a) A business organization may not engage in the
1970 practice of architecture unless its qualifying agent is a
1971 registered architect under this part. A qualifying agent who

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1972 terminates an affiliation with a qualified business organization
1973 shall immediately notify the department of such termination. If
1974 such qualifying agent is the only qualifying agent for that
1975 business organization, the business organization must be
1976 qualified by another qualifying agent within 60 days after the
1977 termination. Except as provided in paragraph (b), the business
1978 organization may not engage in the practice of architecture
1979 until it is qualified by another qualifying agent.
1980 (b) In the event a qualifying agent ceases employment with
1981 a qualified business organization, the executive director or the
1982 chair of the board may authorize another registered architect
1983 employed by the business organization to temporarily serve as
1984 its qualifying agent for a period of no more than 60 days. The
1985 business organization is not authorized to operate beyond such
1986 period under this chapter absent replacement of the qualifying
1987 agent who has ceased employment.
1988 (c) A qualifying agent shall notify the department in
1989 writing before engaging in the practice of architecture in her
1990 or his own name or in affiliation with a different business
1991 organization, and she or he or such business organization shall
1992 supply the same information to the department as required of
1993 applicants under this part.
1994 (3) For the purposes of this section, a certificate of
1995 authorization shall be required for a corporation, lifflited
1996 liability cofflpany, partnership, or person operating under a

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1997 fictitious name, offering interior design services to the public
1998 jointly or separately. Ilowever, when an individual is practicing
1999 interior design in her or his own name, she or he shall not be
2000 required to be certified under this section.
2001 (4) All final construction documents and instruments of
2002 service which include drawings, specifications, plans, reports,
2003 or other papers or documents that involve involving the practice
2004 of architecture which are prepared or approved for the use of
2005 the business organization corporation, limited liability
2006 company, or partnership and filed for public record within the
2007 state must shall bear the signature and seal of the licensee who
2008 prepared or approved them and the date on which they were
2009 sealed.
2010 (5) All drawings, specifications, plans, reports, or other
2011 papers or documents prepared or approved for the use of the
2012 corporation, limited liability company, or partnership by an
2013 interior designer in her or his professional capacity and filed
2014 for public record within the state shall bear the signature and
2015 seal of the licensee who prepared or approved theffi and the date
2016 on which they were sealed.
2017 (6) The department shall issue a certificate of
2018 authorization to any applicant who the board certifies as
2019 qualified for a certificate of authorization and who has paid
2020 the fee set ins. 481.207.
2021 J...2.l-f-7+ The board shall allow a licensee or certify an

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2022 applicant to qualify one or more business organizations a-s-
2023 qualified for a certificate of authoriLation to offer
2024 architectural or interior design services, or to use a
2025 fictitious name to offer such services, if provided that:
2026 -f-a-t one or more of the principal officers of the
2027 corporation or limited liability company, or one or more
2028 partners of the partnership, and all personnel of the
2029 corporation, limited liability company, or partnership who act
2030 in its behalf in this state as architects, are registered as
2031 provided by this part~~
2032 (b) One or more of the principal officers of the
2033 corporation or one or more partners of the partnership, and all
2034 personnel of the corporation, limited liability company, or
2035 partnership who act in its behalf in this state as interior
2036 designers, are registered as provided by this part.
2037 (8) The department shall adopt rules establishing a
2038 procedure for the biennial renewal of certificates of
2039 authoriLation.
2040 ( 9) The department shall renew a certificate of
2041 authoriLation upon receipt of the renewal application and
2042 biennial renewal fee.
2043 J....§.l_-8-9+- Each qualifying agent who qualifies a business
2044 organization partnership, limited liability company, and
2045 corporation certified under this section shall notify the
2046 department within 30 days after -e.f. any change in the information

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2047 contained in the application upon which the qualification
2048 certification is based. Any registered architect or interior
2049 designer who qualifies the business organization shall ensure
2050 corporation, limited liability company, or partnership as
2051 provided in subsection (7) shall be responsible for ensuring
2052 responsible supervising control of projects of the business
2053 organization entity and shall notify the department of t h e ~
2054 termination of her or his employment with a business
2055 organization qualified partnership, limited liability company,
2056 or corporation certified under this section shall notify the
2057 department of the termination within 30 days after such
2058 termination.
2059 (7)-f-H+ A business organization is not No corporation,
2060 limited liability company, or partnership shall be relieved of
2061 responsibility for the conduct or acts of its agents, employees,
2062 or officers by reason of its compliance with this section.
2063 However, except as provided ins. 558.0035, the architect who
2064 signs and seals the construction documents and instruments of
2065 service is shall be liable for the professional services
2066 performed, and the interior designer who signs and seals the
2067 interior design drawings, plans, or specifications shall be
2068 liable for the professional services performed.
2069 (12) Disciplinary action against a corporation, limited
2070 liability company, or partnership shall be administered in the
2071 same manner and on the same grounds as disciplinary action

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2072 against a registered architect or interior designer,
2073 respectively.
2074 fil+±-3+- Nothing in This section may not shall be construed
2075 to mean that a certificate of registration to practice
2076 architecture or interior design must shall be held by a business
2077 organization corporation, limited liability company, or
2078 partnership. ~4othing in This section does not prohibit a
2079 business organization from offering prohibits corporations,
2080 limited liability companies, and partnerships from joining
2081 together to offer architectural or7 engineering, interior
2082 design, surveying and mapping, and landscape architectural
2083 services, or any combination of such services, to the public if
2084 the business organization, provided that each corporation,
2085 limited liability company, or partnership otherwise meets the
2086 requirements of law.
2087 (14) Corporations, limited liability companies, or
2088 partnerships holding a valid certificate of authorization to
2089 practice architecture shall be permitted to use in their title
2090 the term ''interior designer" or "registered interior designer."
2091 Section 85. Subsections (4), (6), (8), (10), (11), and
2092 (12) of section 481.221, Florida Statutes, are renumbered as
2093 subsections (3), (4), (5), (6), (7), and (8), respectively, and
2094 present subsections (3), (5), (7), (9), (10), (11), and (12) of
2095 that section are amended to read:
2096 481.221 Seals; display of certificate number; permitting

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2097 requirements.-
2098 (3) The board shall adopt a rule prescribing the
2099 distinctly different seals to be used by registered interior
2100 designers holding valid certificates of registration. Each
2101 registered interior designer shall obtain a seal as prescribed
2102 by the board, and all drawings, plans, specifications, or
2103 reports prepared or issued by the registered interior designer
2104 and being filed for public record shall bear the signature and
2105 seal of the registered interior designer who prepared or
2106 approved the document and the date on which they were sealed.
2107 The signature, date, and seal shall be evidence of the
2108 authenticity of that to \Jhich they are affixed. Final plans,
2109 specifications, or reports prepared or issued by a registered
2110 interior designer may be transmitted electronically and may be
2111 signed by the registered interior designer, dated, and sealed
2112 electronically with the seal in accordance with ss. 668.001
2113 668.006.
2114 (5) No registered interior designer shall affix, or permit
2115 to be affixed, her or his seal or signature to any plan,
2116 specification, drawing, or other document which depicts work
2117 which she or he is not competent or licensed to perform.
2118 (7) "No registered interior designer shall affiH her or his
2119 signature or seal to any plans, specifications, or other
2120 documents which were not prepared by her or him or under her or
2121 his responsible supervising control or by another registered

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2122 interior designer and reviewed, approved, or modified and
2123 adopted by her or him as her or his own work according to rules
2124 adopted by the board.
2125 (9) Studies, drawings, specifications, and other related
212 6 documents prepared by a registered interior designer in
2127 providing interior design services shall be of a sufficiently
2128 high standard to clearly and accurately indicate all essential
2129 parts of the work to which they refer.
2130 Ji.l_-f-1-&t Each registered architect must or interior
2131 designer, and each corporation, limited liability company, or
2132 partnership holding a certificate of authori~ation, shall
2133 include her or his license its certificate number in any
2134 newspaper, telephone directory, or other advertising medium used
2135 by the registered licensee architect, interior designer,
2136 corporation, limited liability company, or partnership. Each
2137 business organization must include the license number of the
2138 registered architect who serves as the qualifying agent for that
2139 business organization in any newspaper, telephone directory, or
2140 other advertising medium used by the business organization. A
2141 business organization is not required to display the license
2142 numbers of other registered architects employed by the business
2143 organization .7', corporation, limited liability company, or
2144 partnership is not required to display the certificate nul'ftber of
2145 individual registered architects or interior designers employed
2146 by or working within the corporation, limited liability company,

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2147 or partnership.
2148 J.21-+l-±+ When the certificate of registration of a
2149 registered architect or interior designer has been revoked or
2150 suspended by the board, the registered architect or interior
2151 designer shall surrender her or his seal to the secretary of the
2152 board within a period of 30 days after the revocation or
2153 suspension has become effective. If the certificate of the
2154 registered architect or interior designer has been suspended for
2155 a period of time, her or his seal shall be returned to her or
2156 him upon expiration of the suspension period.
2157 JJU_~ A person may not sign and seal by any means any
2158 final plan, specification, or report after her or his
2159 certificate of registration has expired or is suspended or
2160 revoked. A registered architect or interior designer whose
2161 certificate of registration is suspended or revoked shall,
2162 within 30 days after the effective date of the suspension or
2163 revocation, surrender her or his seal to the executive director
2164 of the board and confirm in writing to the executive director
2165 the cancellation of the registered architect's or interior
2166 designer's electronic signature in accordance with ss. 668.001-
2167 668.006. When a registered architect's or interior designer's
2168 certificate of registration is suspended for a period of time,
2169 her or his seal shall be returned upon expiration of the period
2170 of suspension.
2171 Section 86. Section 481.222, Florida Statutes, is amended

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2172 to read:
2173 481.222 Architects performing building code inspection
2174 services.-Notwithstanding any other provision of law, a person
2175 who is currently licensed to practice as an architect under this
2176 part may provide building code inspection services described in
2177 s. 468.603(5) and (8) to a local government or state agency upon
2178 its request, without being certified by the Florida Building
2179 Code Administrators and Inspectors Board under part XII of
2180 chapter 468. With respect to the performance of such building
2181 code inspection services, the architect is subject to the
2182 disciplinary guidelines of this part and s. 4 68. 621 ( 1) ( c) - (h)
2183 Any complaint processing, investigation, and discipline that
2184 arise out of an architect's performance of building code
2185 inspection services shall be conducted by the Board of
2186 Architecture and Interior Design rather than the Florida
2187 Building Code Administrators and Inspectors Board. An architect
2188 may not perform plans review as an employee of a local
2189 government upon any job that the architect or the architect's
2190 company designed.
2191 Section 87. Section 481.223, Florida Statutes, is amended
2192 to read:
2193 481.223 Prohibitions; penalties; injunctive relief.-
2194 (1) A person may not knowingly:
2195 (a) Practice architecture unless the person is an
2196 architect or a registered architect; however, a licensed

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2197 architect who has been licensed by the board and who chooses to
2198 relinquish or not to renew his or her license may use the title
2199 "Architect, Retired" but may not otherwise render any
2200 architectural services.
2201 (b) Praetice interior design unless the person is a
2202 registered interior designer unless otherwise e}tefflf)ted herein;
2203 however, an interior designer who has been licensed by the board
2204 and who chooses to relinquish or not to renew his or her license
2205 may use the title "Interior Designer, Retired" but Htay not
2206 otherwise render any interior design services.
2207 l..el_-te+ Use the name or title "architect.!_" -o-r- "registered
2208 architect," or "interior designer" or "registered interior
2209 designer," or words to that effect, when the person is not then
2210 the holder of a valid license issued pursuant to this part.
2211 J..£1-td+- Present as his or her own the license of another.
2212 J....91-te+ Give false or forged evidence to the board or a
2213 member thereof.
2214 ~+£+ Use or attempt to use an architect or interior
2215 designer license that has been suspended, revoked, or placed on
2216 inactive or delinquent status.
2217 J...!l-f-g-t Employ unlicensed persons to practice architecture
2218 or interior design.
2219 J_gJ_-ffl+ Conceal information relative to violations of this
2220 part.
2221 (2) Any person who violates any provision of subsection

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2222 (1) commits a misdemeanor of the first degree, punishable as
2223 provided ins. 775.082 ors. 775.083.
2224 (3) (a) Notwithstanding chapter 455 or any other law to the
2225 contrary, an affected person may maintain an action for
2226 injunctive relief to restrain or prevent a person from violating
2227 paragraph (1) (a) or 7 paragraph (1) (b), or paragraph (1) (c). The
2228 prevailing party is entitled to actual costs and attorney's
2229 fees.
2230 (b) For purposes of this subsection, the term "affected
2231 person" means a person directly affected by the actions of a
2232 person suspected of violating paragraph (1) (a) or7 paragraph
2233 (1) (b), or paragraph (1) (c) and includes, but is not limited to,
2234 the department, any person who received services from the
2235 alleged violator, or any private association composed primarily
2236 of members of the profession the alleged violator is practicing
2237 or offering to practice or holding himself or herself out as
2238 qualified to practice.
2239 Section 88. Section 481.2251, Florida Statutes, is
2240 repealed.
2241 Section 89. Subsections (5) through (8) of section
2242 481.229, Florida Statutes, are amended to read:
2243 481.229 Exceptions; exemptions from licensure.-
2244 ( 5) (a) Ho thing contained in this part shall prevent a
2245 registered architect or a partnership, lifflitcd liability
2246 coffipany, or corporation holding a valid certificate of

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2247 authorization to provide architectural services froffi perforffiing
2248 any interior design service or froffi using the title ''interior
2249 designer" or "registered interior designer."
2250 (b) Notwithstanding any other provision of this part, all
2251 persons licensed as architects under this part shall be
2252 qualified for interior design licensure upon subffiission of a
2253 coffipleted application for such license and a fee not to eMceed
2254 $30. Such persons shall be eMeffipt froffi the requireffients of s.
2255 481.209(2). For architects licensed as interior designers,
2256 satisfaction of the requirefflents for renewal of licensure as an
2257 architect under s. 481.215 shall be deeffied to satisfy the
2258 requireffients for renewal of lieensure as an interior designer
2259 under that section. Coffiplaint processing, investigation, or
2260 other discipline related legal costs related to persons licensed
2261 as interior designers under this paragraph shall be assessed
2262 against the architects' account of the Regulatory Trust Fund.
22 63 (e) Notwithstanding any other provision of this part, any
2264 corporation, partnership, or person operating under a fictitious
2265 naffie which holds a certificate of authorization to provide
2266 architectural services shall be qualified, without fee, for a
2267 certificate of authorization to provide interior design services
2268 upon subffiission of a completed application therefor. For
2269 corporations, partnerships, and persons operating under a
2270 fictitious naffie which hold a certificate of authorization to
2271 provide interior design services, satisfaction of the

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2272 requirements for renewal of the certificate of authorization to
2273 provide architectural services under o. 481.219 shall be deemed
2274 to satisfy the requirements for renewal of the certificate of
2275 authorization to provide interior design services under that
2276 section.
2277 ( 6) This part shall not apply to:
2278 (a) A person who performs interior design services or
2279 interior decorator services for any residential application,
2280 provided that ouch person does not advertise as, or represent
2281 himself or herself as, an interior designer. For purposes of
2282 this paragraph, "residential applications" includes all types of
2283 residences, including, but not limited to, residence buildings,
2284 single family homes, multifamily homes, townhouses, apartments,
2285 condominiums, and domestic outbuildings appurtenant to one
2286 family or two family residences. However, "residential
2287 applications" does not include cofflfflon areas associated with
2288 instances of multiple unit dwelling applications.
2289 (b) An employee of a retail establishment providing
2290 "interior decorator services" on the premises of the retail
2291 establishment or in the furtherance of a retail sale or
2292 prospective retail sale, provided that ouch employee does not
2293 advertise as, or represent himself or herself as, an interior
2294 designer.
2295 ( 7) Nothing in this part shall be construed as authorizing
2296 or permitting an interior designer to engage in the business of,

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2297 or to act as, a contractor within the meaning of chapter 489,
2298 unless registered or certified as a contractor pursuant to
2299 chapter 489.
2300 J.21-f-8+ A manufacturer of commercial food service equipment
2301 or the manufacturer's representative, distributor, or dealer or
2302 an employee thereof, who prepares designs, specifications, or
2303 layouts for the sale or installation of such equipment is exempt
2304 from licensure as an architect or interior designer, if:
2305 (a) The designs, specifications, or layouts are not used
2306 for construction or installation that may affect structural,
2307 mechanical, plumbing, heating, air conditioning, ventilating,
2308 electrical, or vertical transportation systems.
2309 (b) The designs, specifications, or layouts do not
2310 materially affect lifesafety systems pertaining to firesafety
2311 protection, smoke evacuation and compartmentalization, and
2312 emergency ingress or egress systems.
2313 (c) Each design, specification, or layout document
2314 prepared by a person or entity exempt under this subsection
2315 contains a statement on each page of the document that the
2316 designs, specifications, or layouts are not architectural 7
2317 interior design, or engineering designs, specifications, or
2318 layouts and not used for construction unless reviewed and
2319 approved by a licensed architect or engineer.
2320 Section 90. Subsection (1) of section 481.231, Florida
2321 Statutes, is amended to read:

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2322 481.231 Effect of part locally.-
2323 (1) Nothing in This part does not shall be construed to
2324 repeal, amend, limit, or otherwise affect any specific provision
2325 of any local building code or zoning law or ordinance that has
2326 been duly adopted, now or hereafter enacted, which is more
2327 restrictive, with respect to the services of registered
2328 architects or registered interior designers, than the provisions
2329 M this part; provided, however, that a licensed architect shall
2330 be deeffled licensed as an interior designer for purposes of
2331 offering or rendering interior design services to a county,
2332 ffiunicipality, or other local governfflent or political
2333 subdivision.
2334 Section 91. Section 481.303, Florida Statutes, is amended
2335 to read:
2336 481.303 Definitions.-As used in this chapter, the term:
2337 ( 1) "Board" means the Board of Landscape Architecture.
2338 fil+4+ "Certificate of registration" means a license
2339 issued by the department to a natural person to engage in the
2340 practice of landscape architecture.
2341 (3)-f±t- "Department" means the Department of Business and
2342 Professional Regulation.
2343 (§) "Certificate of authori,::ation" ffleans a license issued
2344 by the departfflent to a corporation or partnership to engage in
2345 the practice of landscape architecture.
2346 J..il-t-6+ "Landscape architecture" means professional

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2347 services, including, but not limited to, the following:
2348 (a) Consultation, investigation, research, planning,
2349 design, preparation of drawings, specifications, contract
2350 documents and reports, responsible construction supervision, or
2351 landscape management in connection with the planning and
2352 development of land and incidental water areas, including the
2353 use of Florida-friendly landscaping as defined ins. 373.185,
2354 where, and to the extent that, the dominant purpose of such
2355 services or creative works is the preservation, conservation,
2356 enhancement, or determination of proper land uses, natural land
2357 features, ground cover and plantings, or naturalistic and
2358 aesthetic values;
2359 (b) The determination of settings, grounds, and approaches
2360 for and the siting of buildings and structures, outdoor areas,
2361 or other improvements;
2362 (c) The setting of grades, shaping and contouring of land
2363 and water forms, determination of drainage, and provision for
2364 storm drainage and irrigation systems where such systems are
2365 necessary to the purposes outlined herein; and
2366 (d) The design of such tangible objects and features as
2367 are necessary to the purpose outlined herein.
2368 ill+++ "Landscape design" means consultation for and
2369 preparation of planting plans drawn for compensation, including
2370 specifications and installation details for plant materials,
2371 soil amendments, mulches, edging, gravel, and other similar

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2372 materials. Such plans may include only recommendations for the
2373 conceptual placement of tangible objects for landscape design
2374 projects. Construction documents, details, and specifications
2375 for tangible objects and irrigation systems shall be designed or
2376 approved by licensed professionals as required by law.
2377 J_§_l_-f-3-t "Registered landscape architect" means a person who
2378 holds a license to practice landscape architecture in this state
2379 under the authority of this act.
2380 Section 92. Section 481.310, Florida Statutes, is amended
2381 to read:
2382 481.310 Practical experience requirement.-Beginning
2383 October 1, 1990, every applicant for licensure as a registered
2384 landscape architect shall demonstrate, prior to licensure, 1
2385 year of practical experience in landscape architectural work. An
2386 applicant who holds both a bachelor's degree and a master's
2387 degree in landscape architecture is not required to demonstrate
2388 1 year of practical experience in landscape architectural work
2389 to obtain licensure. The board shall adopt rules providing
2390 standards for the required experience. An applicant who
2391 qualifies for examination pursuant to s. 4 81. 30 9 ( 1) (b) 1. may
2392 obtain the practical experience after completing the required
2393 professional degree. Experience used to qualify for examination
2394 pursuant to s. 481.309(1) (b)2. may not be used to satisfy the
2395 practical experience requirement under this section.
2396 Section 93. Subsections (5) and (6) of section 481.311,

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2397 Florida Statutes, are renumbered as subsections (4) and (5),
2398 respectively, and subsection (3) and present subsection (4) of
2399 that section are amended, to read:
2400 481.311 Licensure.-
2401 (3) The board shall certify as qualified for a license by
2402 endorsement an applicant who:
2403 (a) Qualifies to take the examination as set forth ins.
2404 481.309; and has passed a national, regional, state, or
2405 territorial licensing examination which is substantially
2406 equivalent to the examination required bys. 481.309; -e-r

2407 (b) Holds a valid license to practice landscape
2408 architecture issued by another state or territory of the United
2409 States, if the criteria for issuance of such license were
2410 substantially identical to the licensure criteria which existed
2411 in this state at the time the license was issued; or~
2412 (c) Has held a valid license to practice landscape
2413 architecture in another state or territory of the United States
2414 for at least 10 years before the date of application and has
2415 successfully completed a state, regional, national, or other
2416 examination that is equivalent to or more stringent than the
2417 examination required by the board, subject to subsection (5). An
2418 applicant who has met the requirements to be qualified for a
2419 license by endorsement except for successful completion of an
2420 examination that is equivalent to or more stringent than the
2421 examination required by the board may take the examination

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2422 required by the board without completing additional education
2423 requirements. Such application must be submitted to the board
2424 while the applicant holds a valid license in another state or
2425 territory or within 2 years after the expiration of such
2426 license.
2427 ( 4) The board shall certify as qualified for a certificate
2428 of authori~ation any applicant corporation or partnership who
2429 satisfies the requirements of s. 481.319.
2430 Section 94. Subsection (4) of section 481.313, Florida
2431 Statutes, is amended to read:
2432 481.313 Renewal of license.-
2433 (4) The board, by rule adopted pursuant toss. 120.536(1)
2434 and 120.54, shall establish criteria for the approval of
2435 continuing education courses and providers, and shall by rule
2436 establish criteria for accepting alternative nonclassroom
2437 continuing education on an hour-for-hour basis. A landscape
2438 architect shall receive hour-for-hour credit for attending
2439 continuing education courses approved by the Landscape
2440 Architecture Continuing Education System or another nationally
2441 recognized clearinghouse for continuing education that relate to
2442 and increase the basic knowledge of landscape architecture, as
2443 determined by the board, if such landscape architect submits
2444 proof satisfactory to the board that such course was approved by
2445 the Landscape Architecture Continuing Education System or
2446 another nationally recognized clearinghouse for continuing

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2447 education, the syllabus or outline for such course, and
2448 attendance of such course.
2449 Section 95. Subsection (2) of section 481.317, Florida
2450 Statutes, is amended to read:
2451 481.317 Temporary certificates.-
2452 (2) Upon approval by the board and payment of the fee set
2453 ins. 481.307, the department shall grant a temporary
2454 certificate of authorization for worlc on one specified project
2455 in this state for a period not to exceed 1 year to an out of
2456 state corporation, partnership, or firm, provided one of the
2457 principal officers of the corporation, one of the partners of
2458 the partnership, or one of the principals in the fictitiously
2459 named firm has obtained a temporary certificate of registration
2460 in accordance with subsection (1).
2461 Section 96. Section 481.319, Florida Statutes, is amended
2462 to read:
2463 481.319 Corporate and partnership practice of landscape
2464 architecture; certificate of authorization.-
2465 (1) The practice of or offer to practice landscape
2466 architecture by registered landscape architects registered under
2467 this part through a corporation or partnership offering
2468 landscape architectural services to the public, or through a
2469 corporation or partnership offering landscape architectural
2470 services to the public through individual registered landscape
2471 architects as agents, employees, officers, or partners, is

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2472 permitted, subject to the provisions of this section, if:
2473 (a) One or more of the principal officers of the
2474 corporation, or partners of the partnership, and all personnel
2475 of the corporation or partnership who act in its behalf as
2476 landscape architects in this state are registered landscape
2477 architects; and
2478 (b) One or more of the officers, one or more of the
2479 directors, one or more of the owners of the corporation, or one
2480 or more of the partners of the partnership is a registered
2481 landscape architect; and
2482 (cl The corporation or partnership has been issued a
2483 certificate of authori~ation by the board as provided herein.
2484 (2) All documents involving the practice of landscape
2485 architecture which are prepared for the use of the corporation
2486 or partnership shall bear the signature and seal of a registered
2487 landscape architect.
2488 (3) A landscape architect applying to practice in the name
2489 of a An applicant corporation must shall file with the
2490 department the names and addresses of all officers and board
2491 members of the corporation, including the principal officer or
2492 officers, duly registered to practice landscape architecture in
2493 this state and, also, of all individuals duly registered to
2494 practice landscape architecture in this state who shall be in
2495 responsible charge of the practice of landscape architecture by
2496 the corporation in this state. A landscape architect applying to

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2497 practice in the name of a An applieant partnership must shall
2498 file with the department the names and addresses of all partners
2499 of the partnership, including the partner or partners duly
2500 registered to practice landscape architecture in this state and,
2501 also, of an individual or individuals duly registered to
2502 practice landscape architecture in this state who shall be in
2503 responsible charge of the practice of landscape architecture by
2504 said partnership in this state.
2505 (4) Each landscape architect qualifying a partnership or
2506 afiEi corporation licensed under this part must shall notify the
2507 department within 1 month after~ any change in the information
2508 contained in the application upon which the license is based.
2509 Any landscape architect who terminates her or his or her
2510 employment with a partnership or corporation licensed under this
2511 part shall notify the department of the termination within 1
2512 month after such termination.
2513 (5) Disciplinary action against a corporation or
2514 partnership shall be administered in the saffle fflanner and on the
2515 same grounds as disciplinary action against a registered
2516 landscape architect.
2517 ~-f-6+ Except as provided ins. 558.0035, the fact that a
2518 registered landscape architect practices landscape architecture
2519 through a corporation or partnership as provided in this section
2520 does not relieve the landscape architect from personal liability
2521 for her or his or her professional acts.

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2522 Section 97. Subsection (5) of section 481.321, Florida
2523 Statutes, is amended to read:
2524 481.321 Seals; display of certificate number.-
2525 (5) Each registered landscape architect must and each
2526 corporation or partnership holding a certificate of
2527 authoriEation shall include her or his -i-t-5- certificate number in
2528 any newspaper, telephone directory, or other advertising medium
252 9 used by the registered landscape architect, corporation, or
2530 partnership. A corporation or partnership must is not required
2531 4=-e display the certificate number nuffibers of at least one

2532 officer, director, owner, or partner who is a individual
2533 registered landscape architect architects employed by or
2534 practicing with the corporation or partnership.
2535 Section 98. Subsection (5) of section 481.329, Florida
2536 Statutes, is amended to read:
2537 481.329 Exceptions; exemptions from licensure.-
2538 (5) This part does not prohibit any person from engaging
2539 in the practice of landscape design, as defined ins. 481.303
2540 481.303(7), or from submitting for approval to a governmental
2541 agency planting plans that are independent of, or a component
2542 of, construction documents that are prepared by a Florida-
2543 registered professional. Persons providing landscape design
2544 services shall not use the title, term, or designation
2545 "landscape architect," "landscape architectural," "landscape
2546 architecture," "L.A.," "landscape engineering," or any

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2547 description tending to convey the impression that she or he is a
2548 landscape architect unless she or he is registered as provided
2549 in this part.
2550 Section 99. Subsection (9) of section 489.103, Florida
2551 Statutes, is amended to read:
2552 489.103 Exemptions.-This part does not apply to:
2553 (9) Any work or operation of a casual, minor, or
2554 inconsequential nature in which the aggregate contract price for
2555 labor, materials, and all other items is less than $2,500
2556 $1,000, but this exemption does not apply:
2557 (a) If the construction, repair, remodeling, or
2558 improvement is a part of a larger or major operation, whether
2559 undertaken by the same or a different contractor, or in which a
2560 division of the operation is made in contracts of amounts less
2561 than $2,500 $1,000 for the purpose of evading this part or
2562 otherwise.
2563 (b) To a person who advertises that he or she is a
2564 contractor or otherwise represents that he or she is qualified
2565 to engage in contracting.
2566 Section 100. Subsection (2) of section 489.111, Florida
2567 Statutes, is amended to read:
2568 489.111 Licensure by examination.-
2569 (2) A person shall be eligible for licensure by
2570 examination if the person:
2571 (a) Is 18 years of age;

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2572 (b) Is of good moral character; and
2573 (c) Meets eligibility requirements according to one of the
2574 following criteria:
2575 1. Has received a baccalaureate degree from an accredited
2576 4-year college in the appropriate field of engineering,
2577 architecture, or building construction and has 1 year of proven
2578 experience in the category in which the person seeks to qualify.
2579 For the purpose of this part, a minimum of 2,000 person-hours
2580 shall be used in determining full-time equivalency. An applicant
2581 who is exempt from passing an examination as provided ins.
2582 489.113(1) is eligible for a license under this section.
2583 2. Has a total of at least 4 years of active experience as
2584 a worker who has learned the trade by serving an apprenticeship
2585 as a skilled worker who is able to command the rate of a
2586 mechanic in the particular trade or as a foreman who is in
2587 charge of a group of workers and usually is responsible to a
2588 superintendent or a contractor or his or her equivalent,
2589 provided, however, that at least 1 year of active experience
2590 shall be as a foreman.
2591 3. Has a combination of not less than 1 year of experience
2592 as a foreman and not less than 3 years of credits for any
2593 accredited college-level courses; has a combination of not less
2594 than 1 year of experience as a skilled worker, 1 year of
2595 experience as a foreman, and not less than 2 years of credits
2596 for any accredited college-level courses; or has a combination

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2597 of not less than 2 years of experience as a skilled worker, 1
2598 year of experience as a foreman, and not less than 1 year of
2599 credits for any accredited college-level courses. All junior
2600 college or community college-level courses shall be considered
2601 accredited college-level courses.
2602 4.a. An active certified residential contractor is
2603 eligible to receive a certified building contractor license
2604 after passing or having previously passed~ the building
2605 contractors' examination if he or she possesses a minimum of 3
2606 years of proven experience in the classification in which he or
2 607 she is certified.
2608 b. An active certified residential contractor is eligible
2609 to receive a certified general contractor license after passing
2610 or having previously passed~ the general contractors'
2611 examination if he or she possesses a minimum of 4 years of
2612 proven experience in the classification in which he or she is
2613 certified.
2614 c. An active certified building contractor is eligible to
2615 receive a certified general contractor license after passing or
2616 having previously passed~ the general contractors'
2617 examination if he or she possesses a minimum of 4 years of
2618 proven experience in the classification in which he or she is
2619 certified.
2 620 5.a. An active certified air-conditioning Class C
2621 contractor is eligible to receive a certified air conditioning

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2622 Class B contractor license after passing or having previously
2623 passed tB*e the air-conditioning Class B contractors'
2 624 examination if he or she possesses a minimum of 3 years of
2625 proven experience in the classification in which he or she is
262 6 certified.
2627 b. An active certified air-conditioning Class C contractor
2628 is eligible to receive a certified air conditioning Class A
262 9 contractor license after passing or having previously passed
2630 tB*e the air-conditioning Class A contractors' examination if he
2631 or she possesses a minimum of 4 years of proven experience in
2632 the classification in which he or she is certified.
2633 c. An active certified air-conditioning Class B contractor
2634 is eligible to receive a certified air conditioning Class A
2635 contractor license after passing or having previously passed
2636 tB*e the air-conditioning Class A contractors' examination if he
2637 or she possesses a minimum of 1 year of proven experience in the
2638 classification in which he or she is certified.
2639 6.a. An active certified swimming pool servicing
2640 contractor is eligible to receive a certified residential
2641 swimming pool contractor license after passing or having
2642 previously passed tB*e the residential swimming pool
2643 contractors' examination if he or she possesses a minimum of 3
2644 years of proven experience in the classification in which he or
2645 she is certified.
2646 b. An active certified swimming pool servicing contractor

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2647 is eligible to receive a certified corrunercial swirruning pool
2648 contractor license after passing or having previously passed
2649 t-fr*e the swirruning pool corrunercial contractors' examination if he
2650 or she possesses a minimum of 4 years of proven experience in
2651 the classification in which he or she is certified.
2652 c. An active certified residential swirruning pool
2653 contractor is eligible to receive a certified corrunercial
2654 swirruning pool contractor license after passing or having
2655 previously passed t-fr*e the corrunercial swirruning pool contractors'
2656 examination if he or she possesses a minimum of 1 year of proven
2657 experience in the classification in which he or she is
2658 certified.
2659 d. An applicant is eligible to receive a certified
2660 swirruning pool/spa servicing contractor license after passing or
2661 having previously passed t-fr*e the swirruning pool/spa servicing
2662 contractors' examination if he or she has satisfactorily
2663 completed 60 hours of instruction in courses related to the
2664 scope of work covered by that license and approved by the
2665 Construction Industry Licensing Board by rule and has at least 1
2666 year of proven experience related to the scope of work of such a
2667 contractor.
2668 Section 101. Subsection (1) of section 489.113, Florida
2669 Statutes, is amended to read:
2 670 489.113 Qualifications for practice; restrictions.-
2671 (1) Any person who desires to engage in contracting on a

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2672 statewide basis shall, as a prerequisite thereto, establish his
2673 or her competency and qualifications to be certified pursuant to
2674 this part. To establish competency, a person shall pass the
2675 appropriate examination approved by the board and certified by
2676 the department. If an applicant has received a baccalaureate
2677 degree from an accredited 4-year college in building
2 678 construction, or a related degree as approved by the board by
2679 rule, such applicant is not required to pass such examination.
2680 Any person who desires to engage in contracting on other than a
2681 statewide basis shall, as a prerequisite thereto, be registered
2682 pursuant to this part, unless exempted by this part.
2683 Section 102. Subsection (3) of section 489.115, Florida
2684 Statutes, is amended to read:
2685 489.115 Certification and registration; endorsement;
2686 reciprocity; renewals; continuing education.-
2687 (3) The board shall certify as qualified for certification
2688 by endorsement any applicant who:
2689 (a) Meets the requirements for certification as set forth
2690 in this section; has passed a national, regional, state, or
2691 United States territorial licensing examination that is
2692 substantially equivalent to the examination required by this
2693 part; and has satisfied the requirements set forth ins.
2694 489.111;
2695 (b) Holds a valid license to practice contracting issued
2 696 by another state or territory of the United States, if the

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2697 criteria for issuance of such license were substantially
2698 equivalent to Florida's current certification criteria; er
2699 (c) Holds a valid, current license to practice contracting
2700 issued by another state or territory of the United States, if
2701 the state or territory has entered into a reciprocal agreement
2702 with the board for the recognition of contractor licenses issued
2703 in that state, based on criteria for the issuance of such
2704 licenses that are substantially equivalent to the criteria for
2705 certification in this state; or
2706 (d) Has held a valid license to practice contracting
2707 issued by another state or territory for at least 10 years
2708 before the date of application and is applying for the same or
2709 similar license in this state, subject to subsections (5)-(9).
2710 The board may consider whether such applicant has had a license
2711 to practice contracting revoked, suspended, or otherwise acted
2712 against by the licensing authority of another state, territory,
2713 or country. Such application must be submitted to the board
2714 while the applicant holds a valid license in another state or
2715 territory or within 2 years after the expiration of such
2716 license.
2717 Section 103. Subsection (5) of section 489.511, Florida
2718 Statutes, is amended to read:
2719 489.511 Certification; application; examinations;
2720 endorsement.-
2721 ( 5) The board shall certify as qualified for certification

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2722 by endorsement any individual applying for certification who:
2723 (a) Meets the requirements for certification as set forth
2724 in this section; has passed a national, regional, state, or
2725 United States territorial licensing examination that is
2726 substantially equivalent to the examination required by this
2727 part; and has satisfied the requirements set forth ins.
2728 489.521; -ef-

2729 (b) Holds a valid license to practice electrical or alarm
2730 system contracting issued by another stat~ or territory of the
2731 United States, if the criteria for issuance of such license was
2732 substantially equivalent to the certification criteria that
2733 existed in this state at the time the certificate was issued; or
2734 (c) Has held a valid license to practice electrical or
2735 alarm system contracting issued by another state or territory
2736 for at least 10 years before the date of application and is
2737 applying for the same or similar license in this state, subject
2738 to ss. 489.510 and 489.521 (3) (a), and subparagraph (1) (b) 1. Such
2739 application must be submitted to the board while the applicant
2740 holds a valid license in another state or territory or within 2
2741 years after the expiration of such license.
2742 Section 104. Subsection (3) and paragraph (b) of
2743 subsection (4) of section 489.517, Florida Statutes, are amended
2744 to read:
2745 489.517 Renewal of certificate or registration; continuing
2746 education.-

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2747 (3) Each certificateholder or registrant shall provide
2748 proof, in a form established by rule of the board, that the
2749 certificateholder or registrant has completed at least 2 -l-4
2750 classroom hours of at least 50 minutes each of continuing
2751 education courses during each biennium since the issuance or
2752 renewal of the certificate or registration. The board shall by
2753 rule establish criteria for the approval of continuing education
2754 courses and providers and may by rule establish criteria for
2755 accepting alternative nonclassroom continuing education on an
2756 hour-for-hour basis.
2757 ( 4)

2758 (b) Of the 7 -l-4 classroom hours of continuing education
2759 required, at least 1 hour 7 hours must be on technical subjects,
2760 1 hour on workers' compensation, 1 hour on workplace safety, 1
2761 hour on business practices, and for alarm system contractors and
2762 electrical contractors engaged in alarm system contracting, 2
2763 hours on false alarm prevention.
2764 Section 105. Paragraph (b) of subsection (1) of section
2765 489.518, Florida Statutes, is amended to read:
2766 489.518 Alarm system agents.-
2767 (1) A licensed electrical or alarm system contractor may
2768 not employ a person to perform the duties of a burglar alarm
2769 system agent unless the person:
2770 (b) Has successfully completed a minimum of 14 hours of
2771 training within 90 days after employment, to include basic alarm

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2772 system electronics in addition to related training including
2773 CCTV and access control training, with at least 2 hours of
2774 training in the prevention of false alarms. Such training shall
2775 be from a board-approved provider, and the employee or applicant
2776 for employment shall provide proof of successful completion to
2777 the licensed employer. The board shall by rule establish
2778 criteria for the approval of training courses and providers and
2779 may by rule establish criteria for accepting alternative
2780 nonclassroom education on an hour-for-hour basis. The board
2781 shall approve providers that conduct training in other than the
2782 English language. The board shall establish a fee for the
2783 approval of training providers or courses, not to exceed $60.
2784 Qualified employers may conduct training classes for their
2785 employees, with board approval.
2786 Section 106. Section 492.104, Florida Statutes, is
2787 amended, to read:
2788 492.104 Rulemaking authority.-The Board of Professional
2789 Geologists has authority to adopt rules pursuant toss.
2790 120.536(1) and 120.54 to implement this chapter. Every licensee
2791 shall be governed and controlled by this chapter and the rules
2792 adopted by the board. The board is authorized to set, by rule,
2793 fees for application, examination, certificate of authori~ation,
2794 late renewal, initial licensure, and license renewal. These fees
2795 may should not exceed the cost of implementing the application,
2796 examination, initial licensure, and license renewal or other

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2797 administrative process and shall be established as follows:
2798 (1) The applic~tion fee shall not exceed $150 and shall be
2799 nonrefundable.
2800 (2) The examination fee shall not exceed $250, and the fee
2801 may be apportioned to each part of a multipart examination. The
2802 examination fee shall be refundable in whole or part if the
2803 applicant is found to be ineligible to take any portion of the
2804 licensure examination.
2805 (3) The initial license fee shall not exceed $100.
2806 (4) The biennial renewal fee shall not exceed $150.
2807 (5) The fee for a certificate of authorization shall not
2808 eJrceed $350 and the fee for renewal of the certificate shall not
2809 eJrceed $350.
2810 ~+6+ The fee for reactivation of an inactive license may
2811 shall not exceed $50.
2812 l§l_+t+ The fee for a provisional license may shall not
2813 exceed $400.
2814 l.2l_-f-&+ The fee for application, examination, and licensure
2815 for a license by endorsement is shall be as provided in this
2816 section for licenses in general.
2817 Section 107. Subsection (1) of section 492.108, Florida
2818 Statutes, is amended to read:
2819 492.108 Licensure by endorsement; requirements; fees.-
2820 (1) The department shall issue a license by endorsement to
2821 any applicant who, upon applying to the department and remitting

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2822 an application fee, has been certified by the board that he or
2823 she:
2824 (a) Has met the qualifications for licensure ins.
2825 492.105(1) (b)-(e) and: ......
2826 l..:_-f-e+ Is the holder of an active license in good standing
2827 in a state, trust, territory, or possession of the United
2828 States.
2829 ~+et Was licensed through written examination in at least
2830 one state, trust, territory, or possession of the United States,
2831 the examination requirements of which have been approved by the
2832 board as substantially equivalent to or more stringent than
2833 those of this state, and has received a score on such
2834 examination which is equal to or greater than the score required
2835 by this state for licensure by examination.
2836 3.-fe+ Has taken and successfully passed the laws and rules
2837 portion of the examination required for licensure as a
2838 professional geologist in this state.
2839 (b) Has held a valid license to practice geology in
2840 another state, trust, territory, or possession of the United
2841 States for at least 10 years before the date of application and
2842 has successfully completed a state, regional, national, or other
2843 examination that is equivalent to or more stringent than the
2844 examination required by the department. If such applicant has
2845 met the requirements for a license by endorsement except
2846 successful completion of an examination that is equivalent to or

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2847 more stringent than the examination required by the board, such
2848 applicant may take the examination required by the board. Such
2849 application must be submitted to the board while the applicant
2850 holds a valid license in another state or territory or within 2
2851 years after the expiration of such license.
2852 Section 108. Section 492.111, Florida Statutes, is amended
2853 to read:
2854 492.111 Practice of professional geology by a firm,
2855 corporation, or partnership; certificate of authoriLation.-The
2856 practice of, or offer to practice, professional geology by
2857 individual professional geologists licensed under the provisions
2858 of this chapter through a firm, corporation, or partnership
2859 offering geological services to the public through individually
2860 licensed professional geologists as agents, employees, officers,
2861 or partners thereof is permitted subject to the provisions of
2862 this chapter, if provided that:
2863 (1) At all times that it offers geological services to the
2864 public, the firm, corporation, or partnership is qualified by
2865 has on file with the departffient the naffie and license nuffiber of
2866 one or more individuals who hold a current, active license as a
2867 professional geologist in the state and are serving as a
2868 geologist of record for the firm, corporation, or partnership. A
2869 geologist of record may be any principal officer or employee of
2870 such firm or corporation, or any partner or employee of such
2871 partnership, who holds a current, active license as a

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2872 professional geologist in this state, or any other Florida-
2873 licensed professional geologist with whom the firm, corporation,
2874 or partnership has entered into a long-term, ongoing
2875 relationship, as defined by rule of the board, to serve as one
2876 of its geologists of record. It shall be the responsibility of
2877 the firm, eorporation, or partnership and The geologist of
2878 record shall -t:-e notify the department of any changes in the
2879 relationship or identity of that geologist of record within 30
2880 days after such change.
2881 (2) The firm, corporation, or partnership has been issued
2882 a certificate of authoriLation by the department as provided in
2883 this chapter. For purpoaes of this section, a certificate of
2884 authoriLation shall be required of any firm, corporation,
2885 partnership, association, or person practicing under a
2886 fictitious name and offering geological services to the public;
2887 eJrcept that, when an individual is practicing professional
2888 geology in her or his own name, she or he shall not be required
2889 to obtain a certificate of authorization under this section.
2890 Such certificate of authorization shall be renewed every 2
2891 years.
2892 (2)+3+- All final geological papers or documents involving
2893 the practice of the profession of geology which have been
2894 prepared or approved for the use of such firm, corporation, or
2895 partnership, for delivery to any person for public record with
2896 the state, shall be dated and bear the signature and seal of the

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2897 professional geologist or professional geologists who prepared
2898 or approved them.
2899 Jll-f-4+ Except as provided ins. 558.0035, the fact that a
2900 licensed professional geologist practices through a corporation
2901 or partnership does not relieve the registrant from personal
2902 liability for negligence, misconduct, or wrongful acts committed
2903 by her or him. The partnership and all partners are jointly and
2904 severally liable for the negligence, misconduct, or wrongful
2905 acts committed by their agents, employees, or partners while
2906 acting in a professional capacity. Any officer, agent, or
2907 employee of a corporation is personally liable and accountable
2908 only for negligent acts, wrongful acts, or misconduct committed
2909 by her or him or committed by any person under her or his direct
2910 supervision and control, while rendering professional services
2911 on behalf of the corporation. The personal liability of a
2912 shareholder of a corporation, in her or his capacity as
2913 shareholder, may be no greater than that of a shareholder-
2914 employee of a corporation incorporated under chapter 607. The
2915 corporation is liable up to the full value of its property for
2916 any negligent acts, wrongful acts, or misconduct committed by
2917 any of its officers, agents, or employees while they are engaged
2918 on behalf of the corporation in the rendering of professional
2919 services.
2920 (5) The firm, corporation, or partnership desiring a
2921 certificate of authorization shall file with the department an

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2922 application therefor, upon a form to be prescribed by the
2923 department, accompanied by the required application fee.
2924 ( 6) The department may refuse to issue a certificate of
2925 authorization if any facto exist which would entitle the
2926 department to suspend or revoke an existing certificate of
2927 authorization or if the department, after giving persons
2928 involved a full and fair hearing, determines that any of the
2929 officers or directors of said firm or corporation, or partners
2930 of said partnership, have violated the provisions of s. 492.113.
2931 Section 109. Subsection (4) of section 492.113, Florida
2932 Statutes, is amended to read:
2933 492.113 Disciplinary proceedings.-
2934 (4) The department shall reissue the license of a
2935 disciplined professional geologist or business upon
2936 certification by the board that the disciplined person has
2937 complied with all of the terms and conditions set forth in the
2938 final order.
2939 Section 110. Section 492.115, Florida Statutes, is amended
2940 to read:
2941 492.115 Roster of licensed professional geologists.-A
2942 roster showing the names and places of business or residence of
2943 all licensed professional geologists and all properly qualified
2944 firms, corporations, or partnerships practicing holding
2945 certificates of authorization to practice professional geology
2946 in the state shall be prepared annually by the department. A

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2947 copy of this roster must be made available to shall be
2948 obtainable by each licensed professional geologist and each
2949 firm, corporation, or partnership qualified by a professional
2950 geologist holding a certificate of authorization, and copies
2951 thereof shall be placed on file with the department.
2952 Section 111. Paragraph (i) of subsection (2) of section
2953 548.003, Florida Statutes, is amended to read:
2954 548.003 Florida State Boxing Commission.-
2955 (2) The Florida State Boxing Commission, as created by
2956 subsection (1), shall administer the provisions of this chapter.
2957 The commission has authority to adopt rules pursuant toss.
2958 120.536(1) and 120.54 to implement the provisions of this
2959 chapter and to implement each of the duties and responsibilities
2960 conferred upon the commission, including, but not limited to:
2961 (i) Designation and duties of a knockdown tifflekeeper.
2962 Section 112. Subsection (1) of section 548.017, Florida
2963 Statutes, is amended to read:
2964 548.017 Participants, managers, and other persons required
2965 to have licenses.-
2966 (1) A participant, manager, trainer, second, tifflekeeper,
2967 referee, judge, announcer, physician, matchmaker, or promoter
2968 must be licensed before directly or indirectly acting in such
2969 capacity in connection with any match involving a participant. A
2970 physician approved by the commission must be licensed pursuant
2971 to chapter 458 or chapter 459, must maintain an unencumbered

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2972 license in good standing, and must demonstrate satisfactory
2973 medical training or experience in boxing, or a combination of
2974 both, to the executive director before working as the ringside
2975 physician.
2976 Section 113. Paragraph (d) of subsection (1) of section
2977 553.5141, Florida Statutes, is amended to read:
2978 553.5141 Certifications of conformity and remediation
297 9 plans.-
2980 ( 1) For purposes of this section:
2981 (d) "Qualified expert" means:
2982 1. An engineer licensed pursuant to chapter 471.
2983 2. A certified general contractor licensed pursuant to
2984 chapter 489.
2985 3. A certified building contractor licensed pursuant to
2986 chapter 489.
2987 4. A building code administrator licensed pursuant to
2988 chapter 468.
2989 5. A building inspector licensed pursuant to chapter 468.
2990 6. A plans examiner licensed pursuant to chapter 468.
2991 7. An interior designer who has passed the qualification
2992 examination prescribed by either the National Council for
2993 Interior Design Qualifications or the California Council for
2994 Interior Design Certification or who was licensed as an interior
2995 designer by the Department of Business and Professional
2996 Regulation licensed pursuant to chapter 481.

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2997 8. An architect licensed pursuant to chapter 481.
2998 9. A landscape architect licensed pursuant to chapter 481.
2999 10. Any person who has prepared a remediation plan related
3000 to a claim under Title III of the Americans with Disabilities
3001 Act, 42 U.S.C. s. 12182, that has been accepted by a federal
3002 court in a settlement agreement or court proceeding, or who has
3003 been qualified as an expert in Title III of the Americans with
3004 Disabilities Act, 42 U.S.C. s. 12182, by a federal court.
3005 Section 114. Effective January 1, 2021, subsection (1) of
3006 section 553.74, Florida Statutes, is amended to read:
3007 553.74 Florida Building Commission.-
3008 (1) The Florida Building Commission is created and located
3009 within the Department of Business and Professional Regulation
3010 for administrative purposes. Members are appointed by the
3011 Governor subject to confirmation by the Senate. The commission
3012 is composed of 19 ~ members, consisting of the following
3013 members:
3014 (a) One architect licensed under chapter 481 with at least
3015 5 years of experience in the design and construction of
3016 buildings designated for Group E or Group I occupancies by the
3017 Florida Building Code registered to practice in this state and
3018 actively engaged in the profession. The American Institute of
3019 Architects, Florida Section, is encouraged to recommend a list
3020 of candidates for consideration.
3021 (b) One structural engineer registered to practice in this

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3022 state and actively engaged in the profession. The Florida
3023 Engineering Society is encouraged to recommend a list of
3024 candidates for consideration.
3025 (c) One air-conditioning contractor, er mechanical
302 6 contractor, or mechanical engineer certified to do business in
3027 this state and actively engaged in the profession. The Florida
3028 Air Conditioning Contractors Association, the Florida
3029 Refrigeration and Air Conditioning Contractors Association, afi6:
3030 the Mechanical Contractors Association of Florida, and the
3031 Florida Engineering Society are encouraged to recommend a list
3032 of candidates for consideration.
3033 (d) One electrical contractor or electrical engineer
3034 certified to do business in this state and actively engaged in
3035 the profession. The Florida Association of Electrical
3036 Contractors~ afi6: the National Electrical Contractors
3037 Association, Florida Chapter, and the Florida Engineering
3038 Society are encouraged to recommend a list of candidates for
3039 consideration.
3040 (e) One member from fire protection engineering or
3041 technology who is actively engaged in the profession. The
3042 Florida Chapter of the Society of Fire Protection Engineers and
3043 the Florida Fire Marshals and Inspectors Association are
3044 encouraged to recoffiffiend a list of candidates for consideration.
3045 ~+£-t One certified general contractor or one certified
3046 building contractor certified to do business in this state and

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3047 actively engaged in the profession. The Associated Builders and
3048 Contractors of Florida, the Florida Associated General
3049 Contractors Council, the Florida Home Builders Association, and
3050 the Union Contractors Association are encouraged to recommend a
3051 list of candidates for consideration.
3052 l!l_-ktr- One plumbing contractor licensed to do business in
3053 this state and actively engaged in the profession. The Florida
3054 Association of Plumbing, Heating, and Cooling Contractors is
3055 encouraged to recommend a list of candidates for consideration.
3056 J__gl-Rt+ One roofing or sheet metal contractor certified to
3057 do business in this state and actively engaged in the
3058 profession. The Florida Roofing, Sheet Metal, and Air
3059 Conditioning Contractors Association and the Sheet Metal and Air
3060 Conditioning Contractors' National Association are encouraged to
3061 recommend a list of candidates for consideration.
3062 lb..l_--f-±+ One certified residential contractor licensed to do
3063 business in this state and actively engaged in the profession.
3064 The Florida Home Builders Association is encouraged to recommend
3065 a list of candidates for consideration.
3066 J.J:.l+t+ Three members who are municipal, county, or
3067 district codes enforcement officials, one of whom is also a fire
3068 official. The Building Officials Association of Florida and the
3069 Florida Fire Marshals and Inspectors Association are encouraged
3070 to recommend a list of candidates for consideration.
3071 (kl One ffiefflber who represents the Departfflent of Financial

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3072 Services.
3073 (1) One mefflber who is a county codes enforcement official.
3074 The Building Officials Association of Florida is encouraged to
3075 recom.m.end a list of candidates for consideration.
3076 J..il-+m.+- One member of a Florida-based organization of
3077 persons with disabilities or a nationally chartered organization
3078 of persons with disabilities with chapters in this state which
3079 complies with or is certified to be compliant with the
3080 requirements of the Americans with Disability Act of 1990, as
3081 amended.
3082 J.!l-ffi+ One member of the manufactured buildings industry
3083 who is licensed to do business in this state and is actively
3084 engaged in the industry. The Florida Manufactured Housing
3085 Association is encouraged to recommend a list of candidates for
3086 consideration.
3087 (o) One mechanical or electrical engineer registered to
3088 practice in this state and actively engaged in the profession.
3089 The Florida 8ngineering Society is encouraged to recom.m.end a
3090 list of candidates for consideration.
3091 (p) One member who is a representative of a municipality
3092 or a charter county. The Florida League of Cities and the
3093 Florida Association of Counties are encouraged to recoffiffiend a
3094 list of candidates for consideration.
3095 J..ll.+tt- One member of the building products manufacturing
3096 industry who is authorized to do business in this state and is

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3097 actively engaged in the industry. The Florida Building Material
3098 Association, the Florida Concrete and Products Association, and
3099 the Fenestration Manufacturers Association are encouraged to
3100 recommend a list of candidates for consideration.
3101 JE0_-f-rt One member who is a representative of the building
3102 owners and managers industry who is actively engaged in
3103 commercial building ownership or management. The Building Owners
3104 and Managers Association is encouraged to recommend a list of
3105 candidates for consideration.
3106 J..!!l+s+ One member who is a representative of the insurance
3107 industry. The Florida Insurance Council is encouraged to
3108 recommend a list of candidates for consideration.
3109 (t) One FReFRber who is a representative of public
3110 education.
3111 J...Ql_-f-u+- One member who is a swimming pool contractor
3112 licensed to do business in this state and actively engaged in
3113 the profession. The Florida Swimming Pool Association and the
3114 United Pool and Spa Association are encouraged to recommend a
3115 list of candidates for consideration.
3116 J..El-f¥+ One member who is a representative of the green
3117 building industry and who is a third-party commission agent, a
3118 Florida board member of the United States Green Building Council
3119 or Green Building Initiative, a professional who is accredited
3120 under the International Green Construction Code (IGCC), or a
3121 professional who is accredited under Leadership in Energy and

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3122 Environmental Design (LEED).
3123 J_gJ_-f-w-t One member who is a representative of a natural gas
3124 distribution system and who is actively engaged in the
3125 distribution of natural gas in this state. The Florida Natural
3126 Gas Association is encouraged to recommend a list of candidates
3127 for consideration.
3128 ( }f) One fflefflber who is a representative of the Departffl:ent
3129 of Agrieulture and Consuffier Services' Office of Bnergy. The
3130 Coffi:R'l.issioner of Agriculture is encouraged to recofflfflend a list of
3131 candidates for consideration.
3132 (y) One ffl:efflber who shall be the chair.
3133 Section 115. Paragraph (c) of subsection (5) of section
3134 553.79, Florida Statutes, is amended to read:
3135 553.79 Permits; applications; issuance; inspections.-
3136 (5)

3137 (c) The architect or engineer of record may act as the
3138 special inspector provided she or he is on the Board of
3139 Professional Engineers' or the Board of Architecture's
3140 Architecture and Interior Design's list of persons qualified to
3141 be special inspectors. School boards may utilize employees as
3142 special inspectors provided such employees are on one of the
3143 professional licensing board's list of persons qualified to be
3144 special inspectors.
3145 Section 116. Subsection (7) of section 558.002, Florida
3146 Statutes, is amended to read:

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3147 558.002 Definitions.-As used in this chapter, the term:
3148 ( 7) "Design professional" means a person, as defined in s.
3149 1.01, who is licensed in this state as an architect, interior
3150 designer, a landscape architect, an engineer, a surveyor, or a
3151 geologist.
3152 Section 117. Subsection (3) of section 559.25, Florida
3153 Statutes, is amended to read:
3154 559.25 Exemptions.-The provisions of this part shall not
3155 apply to or affect the following persons:
3156 (3) Duly licensed auctioneers, selling at auction.
3157 Section 118. Subsection (5) is added to section 823.15,
3158 Florida Statutes, to read:
3159 823.15 Dogs and cats released from animal shelters or
3160 animal control agencies; sterilization requirement.-
3161 (5) Employees, agents, or contractors of a public or
3162 private animal shelter, humane organization, or animal control
3163 agency operated by a humane organization or by a county,
3164 municipality, or other incorporated political subdivision may
3165 implant dogs and cats with radio frequency identification
3166 microchip as part of their work with such public or private
3167 animal shelter, humane organization, or animal control agency.
3168 Section 119. Except as otherwise expressly provided in
3169 this act, this act shall take effect July 1, 2020.

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